TENDER NOTICE No.3/1-126/DMC/07/10-11/936 Dated :- 04/06/2010

The Daman Municipal Council invites Tender from the eligible Contractors for outsourcing the Management of Municipal Solid Waste (cleaning and sanitation) within the jurisdiction of Daman Municipal Council commencing from 1^st July, 2010. The sealed Tender addressed to the Chief Officer, Daman Municipal Council duly super scribed “Contract for Outsourcing of Municipal Solid Waste” should reach the office of Daman Municipal Council on or before 18^th June 2010. The detail terms and conditions can be seen in the office during office working hours.

(S.B. Barad)

Link Officer for Chief Officer

Daman Municipal Council

Daman.

Copy to be affixed at all the Notice Board.

Copy to :-

1. The Editor, Divya Bhaskar.

2. The Editor, Times of India.

with a request to publish the tender Notice in the newspaper by using the minimum space and submit the bill as per DAVP rate.




DAMAN MUNICIPAL COUNCIL, DAMAN

TERMS AND CONDITIONS FOR CONTRACT FOR OUTSOURCING THE MANAGEMENT OF MUNICIPAL SOLID WASTE (CLEANING AND SANITATION) WIHTIN THE JURISDICTION OF

1. The Contract for Outsourcing the Management of Municipal Solid Waste (Cleaning and Sanitation) within the jurisdiction of Daman Municipal Council, Daman referred the period commencing from 1^st July, 2010 to 31^st March, 2013.

2. The interested party has to enclose the Earnest Money Deposit (EMD) amounting to Rs. 2,50,00.00 (Rupees Two Lacs Fifty Thousand Only) in form of Call Deposit Receipt or Fixed Deposit Receipt from Scheduled Bank in the name of Chief Officer, Daman Municipal Council, Daman along with the Tender Documents. The Tender received without EMD will be summarily rejected.

3. The Tenderer shall have to enclose the following documents along with the Tenders

1. Last three years Income Tax Clearance Certificate.
2. List of similar work executed in various Municipalites / Organization.
3. List of tools and plans, equipment etc available for lifting and disposal of the garbage / solid waste.

4. If more than one person in form of Company / Partner is taking part in the proceedings of tender, they have to produce Partnership Deed duly executed before the Competent Authority and Authority letter in favor of any one partner to sign the tender documents and accept the offer and same should be binding to other co-partner.

5. The successful tenderer shall engage labor/sweepers and other people required for the operation of the contract etc. in sufficient number required, for this job including drivers etc. required for their works. The successful tenderer shall also make arrangement of their own vehicle/truck etc. required for the purpose and it will be their sole responsibility for maintenance etc. However the equipments/trucks etc whichever available with the Daman Municipal Council will also be available for the successful tenderer on issue rate as will be decided separately by the Municipal Council. In case of break down of any vehicle, the successful tenderer shall have to arrange other vehicles immediately and shall have to take all care to avoid any disturbance in such services as per the Memorandum of Agreement / Contract.

6. In case of any accident with vehicles of successful tenderer during the course of execution of the agreement/work or any accident with the labor during the course of such operation, the responsibilities of such cases/accident shall remain at the part of the successful tenderer. The Daman Municipal Council shall not be responsible for any kind of accident with vehicles or with the labor engaged for this job by successful tenderer.

7. The successful tenderer shall pay within ten (10) days from the date of signing of the Memorandum of Agreement an amount of 10% of the tendered cost/cost of work as a Security Deposit in form of Fixed Deposit receipt/Call deposit receipt from Scheduled bank in favor of Chief Officer, Daman Municipal Council.

8. Non receipt of the security deposit within the stipulated time will be penalized @ 0.25% per day on amount of SD up to 15 days. Non receipt of any penalty or SD within 15 days period with resulting automatic cancellation of tender without intimation.

9. The successful tenderer at his own risk and cost shall have to grant benefit of leave, pay, emoluments etc. to the labors as per the law in force. In case of any loss to the Department / Municipal Council due to the breach of any conditions of the labor license/act from the part of the successful tenderer. And such losses shall be recovered from the successful tenderer. If required the same can be recovered by the Department / Municipal Council from the successful tenderer as deemed fit.

10. The staff of Department / Municipal Council including the superior authority shall oversee the operation of works carried out by the successful tenderer and successful tenderer shall be bound to obey all the instructions received from them from time to time.

11. In case of breach of any condition of the contract by the successful tenderer or if the work of the successful tenderer is found unsatisfactory by the Department / Municipal Council, such contract of the successful tenderer shall be terminated by the Department / Municipal Council by giving one month’s notice to the Successful Tenderer.

12(a) The Successful Tenderer shall undertake all works like collection of door to door garbage, cleaning and sweeping of road, picking of garbage, plastics etc from the right of way of road, lifting of dustbin loaded with garbage/solid waste and disposal of the same in scientific manner, lifting and disposing of carcass etc. are a part of the essential services and hence the Successful Tenderer can not stop such works on the pretext of any objection/s raised by them / him.

12(b) However, in case the Successful Tenderer stop the work/operation either partly or fully during the agreement period, the Department / Municipal Council reserves the right to get such work/s/operation executed through any other sources at the risk and cost of the such defaulted Successful Tenderer and the EMD/SD of the Successful Tenderer shall be forfeited. Any additional payment which has to be paid to execute the work under such circumstances for such works/operation the said amount shall be recovered from the pending bills/ deposit/any other works of the Successful Tenderer and / or shall be recovered as an arrears of land revenue.

13. If the Successful Tenderer is found to execute any offensive work/ activities not covered in the contract agreement/conditions, instructions, the proportionate amount of such works shall be recovered as penalty from the running bill payable to the Successful Tenderer.

14. The Successful Tenderer shall intimate in advance to the Daman Municipal Council the detail of the registration number, name of owner, addresses etc of the vehicle engaged by Successful Tenderer for such works/operation, then the Daman Municipal Council shall issue the required identity card indicating the contract vehicle which is to be affixed on the body of such vehicle for its identity and no other board will be allowed on the vehicle except such identity issued by the Daman Municipal Council.

15. The Successful Tenderer shall have to take all care during the course of works/operation so that the other traffic, adjoining properties, articles are not damaged and the vehicles engaged by Successful Tenderer for such works/operation shall not create any hindrances for traffic and general public. In case of any drops/fall of garbage/vegetation/earth etc. from the vehicle on the road during the course of transportation, the same shall be lifted by the Successful Tenderer immediately. The garbage / vegetation etc. loaded in vehicle shall be covered properly with tarpaulin sheet during its transportation.

16. The Successful Tenderer has to start the works/operation as per the tender terms, conditions and specifications/agreement within 15 days on execution of the Memorandum of Agreement.

17. If any facilities are required to be provided at the place of work or at dumping place, the same is to be provided by the Successful Tenderer him self at his risk and cost.

18. In case of cleaning of narrow street where the big vehicles can not enter, the Successful Tenderer shall have to engage appropriate small vehicle suitable for such narrow street for carrying out works/operation and no explanation/excuse to avoid such work.

19. Any dispute of civil or criminal nature shall be within the jurisdiction of the local Court of Daman (UT.) for works undertaken by the Successful Tenderer for Daman area.

20. If any change in the administrative procedure/rules by Department / Municipal Council time to time which is suitable to the Department / Municipal Council for smooth operation of works shall have be binding to the Successful Tenderer and for that the Successful Tenderer shall have to give his willingness in writing.

21. In case of any dispute in terms of interpretations of agreement/contractor, the decision of the Daman Municipal Council, Daman in such cases shall be final and binding to all Parties.

22. The Successful Tenderer shall have to take all care to avoid any accident during the course of work/operation for which required fencing, light, instruction boards etc are to be provided on works site at the cost of the Successful Tenderer himself. It shall be the duty of the Successful Tenderer to handle such cases at his own cost and pay the damages / compensation payable if the Court or any other competent authorities may decide/order. The Department / Municipal Council shall not be responsible for such cases/incidents or for payment of any damages/compensation which may occur on such incidents.

23. The dust bins/containers shall have to be lifted loaded with garbage/vegetation etc. by the Successful Tenderer from the collection point and disposed at the appropriate dumping site or transfer station. The dustbin after disposal of garbage/vegetation shall have to be reinstalled by the Successful Tenderer on the same collection point or as per the direction of the officer/staff in charge of such work/operation.

24. The Successful Tenderer shall install new dustbins at his own cost within one month of signing this Memorandum of Agreement, at places where it is not placed at present by Daman Municipal Council as per the location plan to be given by the Daman Municipal Council to the Successful Tenderer.

25. The list of places including the programme for lifting of dustbins including its routes etc. shall have to obtain by the Successful Tenderer from the Department / Municipal Council and all operation shall have to be carried out in accordance to that programme. All right in respect of change of work load, route etc shall be reserved with the Daman Municipal Council.

26. The works/operation for cleaning, sweeping and brushing of roads, lifting of dust bins, carcass etc is a part of essential service of Public Health, hence the Successful Tenderer shall not postponed or close/stop such works in any circumstances/under any pretext. If such day-to-day works is not found satisfactory, then the penalty at the following rate shall be charged from the Successful Tenderer and such penalty shall be recovered from the running bill or as per the condition of the contract.

a) Not lifting of container/dust bin Rs. 150/- per day per container.

b) Not cleaning, sweeping of road Rs. 500/- Or equal amount of full day work to be paid by the Successful Tenderer for such category of works whichever is higher.

c) Non lifting and disposal of carcass within three hrs on receipt of the compliant (for lifting and disposing of carcass) Rs. 150/- per carcass.

The carcass from building, basement, roof, water tank, well, nala and river falling within the limit of contract area/Daman Municipal Council, shall also be removed and disposed by the Successful Tenderer without any additional charges.

27. If the Successful Tenderer fails to execute the works of cleaning, sweeping, brushing and scarping of road works as per the terms, conditions and specifications, such works shall be paid with part rate in accordance with area/part rate per unit and for non-lifting of any garbage as mentioned in Clause (26) above, the Chief Officer of the Municipal Council Daman will impose penalty appropriately. The Successful Tenderer shall have the opportunity to place his grievances if any regarding the penalty imposed within seven days to the President, Daman Municipal Council who will hear both the parties and his decision will be final and binding to both the parties.

28. The Successful Tenderer shall have to undertake all works like cleaning, sweeping, brushing and scarping of road works, lifting of garbage, carcass during all festivals like Holi, Makar Sankrati, Navratri, Ganesh Visharjan, Tajia, Chandani Padwa, Diwali, Christmas etc invariably, failing which double penalty shall be charged from the Successful Tenderer for not undertaking the work on such days. However the Successful Tenderer will be given an opportunity to be heard as per the procedure mentioned vide Clause (27) above.

29. The penalty shall not be charged to the Successful Tenderer in case the work is closed due to curfew, flood and flood like situation, cyclone and during any natural calamities, but the Successful Tenderer shall carry out all the work with extra time and staff if needed, during post-calamity in the affected area.

30. The Successful Tenderer shall carry out the day to day cleaning works of road divider, road side inlet of storm water drainage etc. failing which Rs. 50/- per inlet per day shall be penalized as per the procedure mentioned vide Clause (27) above. The scrapped/brushed materials like dust, garbage, bricks bats, pebbles etc. shall not be stacked in the open space of road divider.

31. The scrapping, brushing is to be carried out in right of way of the road including side soldering area.

32. The Successful Tenderer shall collect and dispose the offal and waste from Fish and Mutton Market and from Slaughter House. The Successful Tenderer shall use vehicle with well closed body for lifting of offal and waste from Fish and Mutton Market and from Slaughter house and also should cover it properly with tarpaulin sheet during its transportation. The penalty shall be charged as under for violation of this condition.

a) In case of not lifting of offal etc from the Fish and Mutton Market and from Slaughter House Rs. 500/- Per Slaughter House and Rs. 500/- Per day per market.

b) In case of transportation of such offal etc without covering it with tarpaulin sheet Rs. 150/- per incident. Such penalty shall be recovered from the running bill of the Successful Tenderer, but the procedure will be governed by Clause (27) of this Terms and Conditions.

33. The timing for the Successful Tenderer for all the work/operation shall be 6.00 AM to 18.00 PM. However the brushing of roads will be done during night only before 5.00 AM. However, if the above time is not suitable or inconvenient, the Successful Tenderer may approach the Daman Municipal Council and whose decision shall be final and binding. However in case of emergency and/or any sort of urgency this period can be extendable with the prior permission of the Department / Municipal Council.

34. The Successful Tenderer shall have to obey strictly the provision of Minimum Wage Act and Child Labor Act and any other relevant Act / Rules applicable for this contract. The responsibilities on violation of these acts shall be of the Successful Tenderer. The Department / Municipal Council shall not be responsible for any litigation in this regard.

35. The Successful Tenderer shall engage various types of vehicles in good running conditions with valid registration issued by the RTO.

36. The rates/tender cost for the works/operation/cost of work offered by the Successful Tenderer is inclusive of taxes and all other cost of all tools and plants, materials, transportation, labors, cost of all nature of risk factors, loading, unloading, cost of medicine required for spreading in and around the roads, nalas, drainage, places of water logging, materials and labor cost for disinfections of vehicles engaged for the works/operation, including the cost of materials and labors for disposing the garbage, vegetation, carcass, offal etc at the dumping yard in a scientific manner and as directed by the officer in charge.

37. The Successful Tenderer shall provide at his own risk and cost all required uniforms, gumboots, hand glows, raincoat etc to the laborers including drivers engaged on works. Such uniforms shall be approved by the Department / Municipal Council in advance.

38. That the rates/cost of work per year offered by the Successful Tenderer shall be valid and operative for three years, however this can be extended for further period as per Mutual Agreement.

(a) The Municipal Council may provide vehicles and dustbins for the collection and disposal of the garbage as per the issue rate as decided by the Municipal Council. The recovery on account of such vehicles, equipments, tools and plants etc. shall be made from the running bill of the Successful Tenderer every month. The fuel, oil, maintenance cost, wages of operator etc including any other operation cost shall be born by the Successful Tenderer. On expiry of the contract period the vehicle is to be returned to the Municipal Council in good working condition. Any damage, accident with the vehicles, the Successful Tenderer shall be responsible for the same.

39. The Successful Tenderer has to engage the regular sweepers and casual worker presently appointed by Daman Municipal Council for the above said work / operation. The pay, wages etc. in respect of such sweepers, workers is required to be paid by the Successful Tenderer regularly every month in the presence of the representatives of the Daman Municipal Council as per rate notified by the Competent Authority time to time under the Provisions of Minimum Wages Act. They shall also be given benefit of weekly holiday and other benefit like paid holiday etc. by Successful Tenderer. If required, such wages of the staffs shall be deducted from the monthly running bill of the Successful Tenderer and shall be paid by the Daman Municipal Council directly to the staff in presence of the Successful Tenderer.

40. The Successful Tenderer has to establish a Grievances Redressal Cell with modern facility at the center of the city with the consultation of the Daman Municipal Council.

41. The person desire to take part in Tender Proceedings should be Indian Citizen.

42. The Daman Municipal Council reserves the rights to add, amend or alter any of above condition in public interest after giving an opportunity to the successful bidder of being heard. The decision of the Municipal Council shall be final and binding on the Successful Tenderer.

43. The Daman Municipal Council reserves the rights to accept or reject any or all the tender without assigning any reason thereof.

44. The Priority shall be given to the person(s) / Organizations(s) for the work / operation who are having experience of at least one year or more of such type of work.

45. The Successful Tenderer shall have to produce all required evidence in respect of individual proprietor, Partnership Deed for Partnership Firm. And copy of Memorandum of Article of Association in case of Registered Company.

46. The interest party has to offer the rates in prescribed tender form which is to be obtained from the office of Daman Municipal Council on payment of Tender fees of Rs. 500.00.

(VIJENDER SINGH)

Chief Officer

Daman Municipal Council

Daman.

Seen

( Manojkumar I. Naik )

President

Daman Municipal Council

Daman.

Tender Form.

The tender form is issued to ___________________________. The tender fee of Rs. 500/- remitted to Municipal Treasury under Receipt No. __________ dated ___________.

Chief Officer

Daman Municipal Council

Daman

Daman

Dated :

………………………………………………………………………………………………...............................………….

To,

The Chief Officer,

Daman Municipal Council,

Daman.

I / we the undersigned Shri / Smt. / M/s. _______________________ S/o.d/o.Partner of._________________________________________ of ________________________ hereby offer my / our lowest rate / bid as under / enclosed.

I/we, agreed with the Terms and Conditions of the Daman Municipal Council for Contract for Outsourcing the Management of Municipal Solid Waste (Cleaning and Sanitation) within the jurisdiction of Daman Municipal Council, Daman and promise to undertake the work at rate shown as under ;

Dated :

__________________________

Signature of Tenderer with

Rubberstamp of Firm / Company / Institution