Road Transport Contract by igr23038

VIEWS: 267 PAGES: 12

More Info
									             GUJARAT STATE ROAD TRANSPORT CORPORATION
                         AHMEDABAD.

                       GENERAL CONDITIONS OF CONTRACT
SCOPE OF CONTRACT:

1.0        This contract is for the sole right of transporting parcel, courier and
       allied services as specified in clause No. 1 of Conditions of tender, on
       / in buses of GSRTC for entire State of Gujarat and inter-state services
       of Gujarat for the purpose of above business. The GSRTC will
       provide existing parcel offices and open space would be provided in
       remaining bus stations subject to availability of open space. The
       contract will be in the manner explained hereinafter on the payment of
       final offered amount by monthly instalments as offered by the tenderer
       and accepted by the GSRTC. The tenderer may inspect the parcel
       offices mentioned in Annexure-„A‟.

1.2    This contract is operative for a period of three years from the date of
       commencement of the contract and it can be extended at the discretion
       of GSRTC for another two years subject to satisfactory completion of
       three years contract period by reciprocal agreement. Total offered
       amount for the 4th and 5th year would be decided by GSRTC on annual
       basis. The GSRTC reserves the right to amend / modify the terms and
       conditions before executing agreement for extended period.

1.3    The selected tender will have to enter into a written agreement with the
       Chief Traffic & Commercial Manager of the Corporation within 30
       (Thirty) days from the date of receipt of acceptance letter by GSRTC
       for the proper fulfillment of the contract on the lines similar to the
       terms provided herein, failing which, it shall be construed as if the
       tenderer has entered into a binding agreement with the Corporation.

1.4     The Corporation shall provide only parcel offices / spaces at its bus
        stations, if space is available and spaces available on roof of the buses
        having luggage carrier (except, Air-condition, Volvo and Luxury
        buses) in its possession without carrying financial liability
        whatsoever, during the contractual period.

Payment of final accepted offer:

2.0     The tenderer, at the first instance, shall have to pay monthly
        instalments of accepted offered amount in advance to the Corporation
        within 30 (Thirty) days from the receipt of acceptance letter by
        GSRTC and thereafter the tenderer shall pay to the Corporation the
        accepted offered amount by monthly instalments in advance i.e. on or

C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                                1
        before 5th day of every month. If the 5th happens to be holiday, the
        payment shall be made on the following working day.

2.1     On failure to do so, besides other remedies open to the Corporation
        under the deed and at law, the tenderer shall be required to pay to the
        Corporation compound interest @ 15% per annum on the amount for
        the period from the due date of payment as aforesaid till the date of
        payment is actually received (both days inclusive) by the Corporation
        through Demand Draft.

2.2     If the payment is withheld beyond a period of 30 (Thirty) days from
        the due date of payment, the Corporation shall be at liberty to
        terminate the contract. The tenderer shall not at any time deduct any
        amount from the monthly instalment of final offered amount payable
        to the Corporation.

             This clause shall not prevent the Corporation from invoking
        Bank Guarantee and forfeiting the Security Deposit.

Mode of payment:

3.0     All payments shall be made by demand draft drawn on a Nationalised
        Bank / Scheduled bank or Govt. approved bank in the city of
        Ahmedabad only. The demand draft should be drawn in favour of
        "GSRT Corporation A/c".

Security Deposit:

4.0     The selected tenderer shall have to pay 5% amount of final accepted
        offer as non-bearing interest security deposit in cash or by a Demand
        draft or Nationalised Bank / Government Approved Bank drawn at
        Ahmedabad within 30 (Thirty) days of the acceptance of the tender /
        letter of intent. The Corporation shall have right to keep such security
        deposit for entire period of 3 years plus six months after expiry of the
        contract.

4.1     The selected tenderer shall have to pay additional two months
        instalments in advance to the Corporation within 30 (Thirty) days
        from the date of issue of acceptance letter. The Corporation shall have
        right to keep such security deposit for entire period of 3 years plus six
        months after expiry of the contract.

              In the event of further extension being given to the selected
        tenderer for two years, the security deposit shall be deposited further
        for two years and six months.


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                               2
4.2     The security deposit will not be accepted in any other form. No
        interest shall be paid on the security deposit.

4.3     The Corporation shall be at liberty to adjust the said security deposit
        or any part thereof towards the fulfillment of payment and satisfaction
        of any and every sum which may be due by the selected tenderer to
        the Corporation and the selected tenderer will on demand by the
        Corporation shall make good the deficit so as to bright the security
        deposit to its original amount.

Bank Guarantee:

5.0     The selected tenderer shall have to furnish a security deposit by way
        of bank guarantee of Nationalised Bank / Scheduled Bank or
        Government Approved Bank situated at Ahmedabad equivalent to
        3.5% of the amount of final accepted offer. The bank guarantee
        should be operative for total period of 48 months from the date of
        commencement of the deed.

5.1     The Bank Guarantee shall be furnished in addition to the security
        deposit. In case the selected tenderer is given an extension of 2 years,
        he will furnish bank guarantee as decided by GSRTC from time to
        time.

Refund of security deposit:

6.0      The security deposit will be refunded to the tenderer, 6 months after
        the expiry of the contract period provided.

6.1     The selected tenderer produces no dues certificates from the
        Municipal Corporation, Nagarpalika, other local bodies, statutory
        authorities regarding the payment of Municipal tax / fees / cess /
        duties and any other charges.

6.2      The selected tenderer also gives an undertaking that in case the
        Municipal Corporation and other local bodies levies property tax or
        Municipal license fees or any other taxes / charges even after the
        expiry of the contract, subject to the rules and regulations, they shall
        make such payment directly to the Municipal bodies, other local
        bodies / statutory authorities and Government Department failing
        which, the amount shall be deducted from the security deposit amount
        available with the Corporation or by invoking bank guarantee. The
        tenderer shall make good the shortfall in the security deposit within a
        period of 15 days failing which legal action shall be initiated against
        the tenderer.



C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                              3
Forfeiture of Security Deposit:
7.0     The security deposit and bank guarantee either in whole or in part
        thereof shall be liable to be forfeited, without prejudice to the
        Corporation in the event of the tenderer‟s failure to observe any of the
        terms of the deed and or non-compliance with the conditions thereof.
7.1      If at any time it be noticed that selected tenderer has submitted more
        than one tender under different names. In that case, all their tenders
        will be rejected and deed shall be cancelled and the security deposit
        will be forfeited and bank guarantee encashed.
7.2.    The Corporation has the right to encash the Bank Guarantee and
        forfeit security deposit at any time, if the selected tenderer defaults in
        payment of monthly instalment amount, interest or breach of any
        terms and conditions of deed.
8.0     If the selected tenderer fail to pay the monthly instalment within the
        stipulated time thrice during the course of the calendar year or
        commits breach of any conditions, the Corporation shall have the right
        to take any one or all the following actions.
8.1     To order to stop the transportation of the parcels, allied services and
        operation of courier service by the buses of GSRTC.
8.2     To forfeit the security deposit and invoke the bank guarantee to
        realize the amounts due.
8.3     To terminate the contract by 15 (Fifteen) days notice.
8.4     In the event of non-payment of monthly instalment or committing
        breach of any conditions, when the Corporation orders stopping the
        transportation of parcels, allied services and operation of courier
        service by the buses of GSRTC the selected tenderer is liable to pay
        the regular instalment even for the interregnum period, as if there was
        no break in the transportation of courier, parcel etc., by the selected
        tenderer.
9.0      The selected tenderer shall comply with the rules and procedures
        existing in the local / within the territorial limits, in / on which the
        business is carried and he shall pay all the taxes, fees, imposts or other
        sum payable to the local authorities for the purpose of carrying out the
        business of transportation of parcels, allied services and operation of
        courier service by the buses of GSRTC. It would be responsibility of
        the tenderer to pay octroi duty, sales tax, income tax, license fee,
        VAT, Service Tax or any other tax in connection with the business of
        the selected tenderer.


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                                4
10.0 It shall be the responsibility of the selected tenderer to bring all
     essential equipments for booking and delivery of parcels, courier, etc.
     such as weighing machines, trolley, ladder etc., wherever such
     facilities do not exist at present.
10.1     The Corporation agrees to permit the selected tenderer to use
        weighing scales of the Corporation wherever they are available, but
        maintenance and stamping of weighing scales shall be done by
        selected tenderer at his cost.
11.0 The transportation of parcel, allied services and courier covers
     accepted by the selected tenderer to places where there are no offices
     will be at the risk of the selected tenderer itself. Corporation will not
     be held responsible, if such parcels are misplaced or lost.
12.0      The Corporation will provide necessary covered space for running
        booking office at its own bus station premises depending on
        availability and convenience of the Corporation and where covered
        space is not possible, uncovered space will be provided at the bus
        stations wherever possible. The parcel offices mentioned in
        Annexure-„A‟ would be made available to the tenderer on “As is
        where is basis”. The tenderer would be at liberty to carry out requisite
        internal changes / improvement without changing original structure at
        his own cost. The decision of the Vice-Chairman & Managing
        Director shall be final. It should be the responsibility of the tenderer to
        maintain and up-keep the parcel office premises / open spaces
        provided to the tenderer at his own cost. The tenderer shall not use the
        accommodation / space provided for any other purpose, other than the
        transportation of parcels, allied services and operation of courier
        service business.
12.1     The tenderer shall be provided new parcel offices / open space
        whenever new bus stations are made operated in future subject to
        availability of space.
12.2 Wherever Corporation cannot provide any covered / uncovered space
     at any of the bus stations due to non-availability, the tenderer is liable
     to make its own arrangement and Corporation cannot be held liable
     for expenditure incurred by the tenderer on this account.
               The selected tenderer shall hand over peaceful possession of
        parcel offices / open space provided by Corporation on the bus station
        on the date of expiry / termination of this deed. Default of the selected
        tenderer to comply with the above condition, the parcels, couriers and
        allied goods lying in parcel office shall become the property of the
        Corporation thereafter.


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                                 5
13.0     The selected tenderer would have to reimburse the amount in single
        instalment of cess, local taxes, any other taxes, any other taxes levied
        by local authorities directly to such authority in respect of parcel
        booking offices and open lands provided to the tenderer.

13.1     The selected tenderer has to pay the proportionate annual property tax
        for the parcel office premises / open spaces provided to the tenderer to
        carry out the business for the entire State on lump-sum basis to
        GSRTC.

14.0     The selected tenderer will have to install electric meters at its cost
        and pay the electricity charges to the electricity board. The
        Corporation shall give no objection certificate to the tenderer for
        installing electric meter.

15.0     The selected tenderer have to obtain no objection certificate wherever
        required under law, from the concern authority to run the
        transportation of parcels, allied services and operation of courier
        service business.

16.0      The selected tenderer shall not accept the prohibited articles and
        contra-band goods declared by Government authorities / Corporation
        from time to time and as per the statement contained in the Annexure-
        “B” enclosed to this tender for transportation.

16.1 The selected tenderer shall insure transportation of restricted goods
     with necessary permits issued by the Competent Authorities.

17.0 The selected tenderer has to follow scrupulously the packing
     conditions prescribed by the Corporation in Annexure-“C" enclosed
     to the tender.

17.1 The height of the parcel should not exceed 24" (58 cm.) approx.

17.2 The weight of each parcel shall not exceed 55 Kilograms.

17.3 The selected tenderer shall not accept any parcel whose declared value
     is more than Rs.20,000/- (Rupees Twenty thousand only). However,
     the tenderer is entitled to transport film boxes.

17.4 The courier articles should be transported in units weighing to a
     maximum of 20 Kgs. each bag, 5 bags per bus in waterproof, tamper
     proof tarpaulin bag (duly sealed and stamped as per the pattern of
     Postal Mail bag) of size: 2.5‟ x 1.5‟ x 1‟.


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                              6
18.0 The selected tenderer shall insure the parcels, couriers and other allied
     service goods to be transported. The insurance should be
     comprehensive and should include parcel, courier packets kept in the
     parcel offices of GSRTC or in transit.

19.0 The total weight of the parcel, allied services and courier to be
     transported on a bus shall not exceed 500 kilograms of weight
     (including passenger luggage)

19.1 All the rules, regulations applicable as per provisions of Motor
     Vehicle Act, 1988, Carriage of Goods Act, 1865 shall be applicable
     and binding on the tenderer. Corporation shall with the rules and
     regulations and procedure required to obtain the license from the local
     and Municipal Authorities where business is carried out and shall pay
     to such authorities, Octroi fees such other taxes and other sums
     payable to the local authorities or local bodies for the purpose of
     carrying business of transportation of parcels, goods and operation of
     courier services through buses of GSRTC.

20.0 The parcels that can be loaded on the bus for transportation is subject
     to availability of space and weight as specified above, duly taking into
     consideration the accompanied luggage of the passengers.

21.0 The selected tenderer should engage his own staff for running parcel,
     allied service and courier service office at various bus stations and the
     office shall work till the departure of all buses from the bus stations
     without causing any inconvenience to the commuters. (Identity card
     will be issued by the Tenderer)

22.0 The parcels can be loaded on Corporation‟s buses having luggage
     carriage subject to availability of space and the selected tenderer shall
     pay the Porterage to the Porter as may be agreed between the tenderer
     and the porters for loading or unloading the parcels / couriers. The
     levy charge payable to the Porter/Worker as per the Minimum Wages
     Act shall be paid by the tenderer..

23.0 In case of transhipment of parcels / couriers where there is no direct
     service, the tenderer shall engage his own staff for transhipment.

24.0 The parcels / courier covers which are not claimed by the tenderer or
     its representative shall be treated as lost property item and will be
     dealt with according to the rules and regulations prescribed by the
     Corporation for disposal of the same.


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                            7
25.0 The Corporation and its officials will have the right to inspect the
     parcels / courier and its contents of any parcels / courier or at any time
     in order to prevent the transportation of prohibited articles.

25.1 The authorised officials of the Corporation and statutory authorities
     reserves the right to inspect the premises of the tenderer and the
     documentation maintained at the offices.

26.0 The Corporation shall not be responsible for any loss or damage or
     shortage that may be suffered by the tenderer due to withdrawal or
     cancellation of buses, bundhs, agitations, vandalism by either crew or
     outsiders, strikes, war, flood, fire, riots or any other causes which the
     Corporation thinks necessary.

27.0 The Corporation reserves the right to transport their goods, daks and
     other departmental items by buses and the tenderer shall not have any
     right to demand or claim charges for transport of these items.

27.1 The Corporation reserves the right to transport departmental Tapal /
     Parcels, Postal Mail, etc. by buses and the tenderer shall not have any
     right to demand or claim charges for transport of these items of
     transportation.

28.0 The selected tenderer shall not have any right or objection for carrying
     any luggage by the passengers and he is not entitled for the luggage
     charges that may be collected by the Corporation for such
     accompanied luggage.

29.0 The selected tenderer shall arrange tarpaulins in good condition on
     buses wherever necessary for safety and protection of consignments
     from weather conditions.

30.0 The Corporation reserves the right to fixing the rates of Newspaper,
     Magazine parcel, Milk-can, Tiffin etc. as per Government
     Notification.

31.0 The Corporation is not responsible in case the parcels / courier covers
     is lost or damaged in transit.

31.1 The G.S.R.T.C. is not responsible in any case loss or damage or
     shortage of courier covers.

31.2 The selected tenderer should take necessary safety precautions for
     passengers / S.T. property and other road users while transporting


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                             8
        parcels / courier by S.T. buses. Corporation shall not responsible for
        any loss or damage

32.0 The selected tenderer shall maintain the requisite Registers and Forms
     essential for running the Booking Office‟s and transportation of
     parcels, allied services and operation of courier services and the same
     shall be declared to the Corporation. If need be, the Corporation shall
     suggest changes in the format of documentation for better service.

33.0 Persons recruited by the selected tenderer for the purpose of
     transportation of Parcels, allied services and operation of courier
     service and who are in his employment shall not have any right
     whatsoever for claiming employment in GSRTC. Such employees of
     the tenderer shall not wear any uniform / badge(s) of identification
     enabling them to claim status of the GSRTC employees. However,
     tenderer would provide separate coloured uniform not resembling with
     ST uniform for identification of porters, employees of tenderer. The
     tenderer would provide necessary identity cards to these employees.

34.0 The Corporation shall in no way be held liable or responsible for any
     outcome of agreement / understanding entered into by the tenderer
     with the licence porters in bus stations of GSRTC in respect of
     determination of porterage charges etc,.

35.0 The selected tenderer shall compulsorily open Booking Offices at all
     exiting booking offices of GSRTC in the State and neighbouring
     States for effective transportation of parcels, allied services and
     operation of courier service by the buses of GSRTC.

35.1 The selected tenderer is permitted to load and unload parcel and
     courier at bus station within the layover time provided for the
     scheduled buses.

Period limit for booking / delivery of parcel, etc:

36.0 The selected tenderer shall not accept any parcel, courier and allied
     services for transportation and delivery beyond the date of expiry of
     contractual period.

Termination of Contract:

37.0 In the event of premature termination of the deed due to lapses on the
     part of the tenderer, the Corporation shall have right not only to forfeit
     security deposit and bank guarantee, two months advance instalments


C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                             9
       but also to claim from the tenderer an amount equal to the accepted
       offered amount payable by the tenderer for the unexpired period of
       contract.

Notice of termination of Deed:

38.0 If during the period of deed remains in force, the Competent Officer,
     has reason to be dissatisfied with the service or the manner of the
     implementation of the contract and/or the representatives of the
     tenderer, the Corporation may be notice in writing call upon the
     tenderer to remove the cause of such dissatisfaction in the way to be
     indicated in the notice and if the tenderer fails for a period of 15
     (Fifteen) days after the receipt of such notice to remedy such causes of
     dissatisfaction to the satisfaction of the Competent Officer then
     notwithstanding anything contained in the agreement to the contrary
     the Competent Officer shall be at liberty to any time thereafter to
     terminate this deed by giving the tenderer 15 days notice in writing
     and the deed, shall, on expiry of the notice period, stand cancelled and
     the tenderer shall be liable to pay the accepted offered amount of
     balance period of deed and also security deposit, bank guarantee and
     two months advance instalments liable to be forfeited.

38.1 The VC & MD is at liberty to terminate the Contract by giving 15
     (Fifteen) days notice without assigning any reason and tenderer shall
     not be entitled to claim any compensation for the same.

39.0 The selected tenderer shall furnish information that may be required
     by the Corporation from time to time connected with transportation of
     parcels, allied services and operation of courier services by the buses
     of GSRTC.

40.0 The Corporation is not liable to pay any compensation in case of death
     or injury (simple or grievous) caused in the Corporation premises /
     buses to any person engaged, passengers, authorised or directed by the
     tenderer in the course of transportation of parcels, allied services and
     operation of courier service.

41.0 In case where instances of misbehaviour, refusal to carry parcels, and
     such other acts of indiscipline or other acts detrimental to the interest
     of the business occur, the tenderer or its representative shall report
     matter to the unit officer concerned who will take corrective action.




C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                           10
41.1 Appropriate action shall be taken by the tenderer on reports of
     misbehaviour etc. by his employee or agents with the officials of the
     Corporation and statutory authorities.

42.0 The tenderer is entitled either to run its own offices at different bus
     stations through appointing agents.

43.0 The Corporation shall have the right to suggest opening of the
     Booking Office or appointment of an Agent at a particular place where
     it is opined that business potential exist and needs to be exploited. The
     tenderer shall comply within one month from the date of such
     directions.

44.0 The Corporation shall not indemnify and shall not be liable for any
     loss incurred by the tenderer, its customers, bankers, financial
     institutions, personnel engaged by the tenderer, or any other person
     connected in the business of the Tenderer.

45.0 All rights regarding any changes / improvements to be made after the
     commencement of the scheme are vested with GSRTC.

46.0 The Corporation shall have the right to prescribe fresh terms and
     conditions during the contract.

47.0 In the event of any dispute arising as to the interpretation of terms and
     conditions, the decision of the VC & MD constituted for the purpose
     by GSRTC shall be final and binding on both the parties.

48.0 If the tenderer fails to cover any of the bus stand mentioned in
     Annexure-“A” for a period of 6 months, the Corporation is at liberty
     to engage some other tenderer to cover that area by giving advance
     intimation to the Tenderer.

49.0 In case if the vehicle is detained by any authority for carrying
     prohibited items / illegal act, the period of detention of vehicle will be
     charged as per the prevailing casual contract rate and the Corporation
     will reserve the rights to take appropriate legal action for carrying the
     prohibited articles by tenderer.

Jurisdiction of Court at Ahmedabad only.

50.0 The Court located at Ahmedabad shall only have jurisdiction to try
     and decide any matter / dispute between the parties.



C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                            11
Stamp duty and cost of preparation of Deed:

51.0 The successful Bidder will have to bear the cost of stamp duty,
     registration charges, any other charges / fees payable for execution of
     the agreement in duplicate.

Preparation of the Deed:

52.0 The draft of the deed shall be prepared and endorsed by the
     Corporation and shall be forwarded to the successful tenderer on
     acceptance of his tender. Should the tenderer not execute the deed
     within the stipulated time mentioned in Clause No. 18.1 of general
     conditions of tender. The Corporation may at its option and without
     prejudice to its other right and claim against the tenderer or non-
     compliance with any of the provisions of these conditions by notice in
     writing to the tender, revoke the acceptance of the tender. In that event
     the Corporation shall not be liable to pay any damage. The
     Corporation shall also be entitled to forfeit the earnest money deposit
     and encash bank guarantee.

53.0 The selected tenderer will start the work of booking the parcels, allied
     services and courier service with effect from date of completion of
     formalities mentioned in Clause No.18.2 of General Conditions of
     tender. However, the work of delivery of parcels booked earlier would
     be dealt by the GSRTC.

54.0 The tenderer should carry the parcels / couriers / allied goods
     according to the Rules and Regulations prescribed in the Motor
     Vehicles Act, 1988 and the Carriage of Goods Act, 1865.

Penalty:

55.0 In case of any breach of condition of tender, agreement, the tenderer
     will be liable to pay penalty as may be decided by the Competent
     Authority. i.e. Per day from 0.01% to 10% of the final accepted offer.



                                                Chief Traffic & Commercial Manager
                                                 G.S.R.T. Corporation, Ahmedabd-22.




C:\Docstoc\Working\pdf\3499c780-c81a-4b00-a8ab-ceaa2b0cd5fb.doc
                                                                                12

								
To top