RUNNING OF SOUVENIR SHOP
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- Horace Cole
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1 TENDER NOTICE FOR RUNNING OF SOUVENIR SHOP IN PUSHPA GUJRAL SCIENCE CITY KAPURTHALA (PUNJAB) TN/PGSC/ /2/Souvenir Shop Pushpa Gujral Science City Jalandhar Kapurthala Road, Kapurthala, Punjab Telephone: / 64 Pushpa Gujral Science City: Tender: Souvenir Shop Page 1
2 Tender Advertisement PUSHPA GUJRAL SCIENCE CITY Jalandhar-Kapurthala Road, Kapurthala Telephone: / 64 TENDER FOR CONTRACT FOR RUNNING OF SOUVENIR SHOP Separate Sealed offers are invited from reputed Contractors / Agencies / firms for running Souvenir Shop at PGSC Tender Fee: Rs. 1000/- Earnest Money: Rs. 50,000/- Lease Period: 5 years Pre-Bid Meeting: 27/03/2015 (1130 Hrs) at PGSC, Kapurthala Last Date for Submission of Tender: 6/04/2015 (1430 Hrs) at PGSC, Kapurthala Tender Document consisting of detailed scope of work and terms & conditions may be purchased from the office of PGSC, Kapurthala on any working day against nonrefundable cash payment or demand draft of Rs. 1,000/- as Tender Document Fee in favour of Pushpa Gujral Science City payable at Kapurthala. OR Tender Document can also be downloaded from PGSC website and tender cost of Rs.1000/- be sent along with the Earnest Money. Note: PGSC reserves the right to accept or reject any application and to annul the process at any time, without any liability and assigning any reason thereof. Pushpa Gujral Science City: Tender: Souvenir Shop Page 2
3 Pushpa Gujral Science City Jalandhar Kapurthala Road, Kapurthala TABLE OF CONTENTS S. No. Particulars Page 1. Covering Letter 4 2. Particulars of Tender 5 3. Souvenir Shop 6 4. Instructions Scope of work, Term and Conditions of 9 17 contract 6. Financial Bid 18 ANNEXURES I Particulars of Bidder II Copy of Agreement Pushpa Gujral Science City: Tender: Souvenir Shop Page 3
4 COVERING LETTER From, (Full name and address of the Tenderer) M/S To, The Director, Pushpa Gujral Science City, Kapurthala. Subject: Contract for Running of Souvenir Shop at PGSC Sir, We hereby submit our offer in full compliance with terms & conditions of the attached tender. The tender is submitted in three separate and sealed envelopes marked: Part-I (EMD) Part-II (Technical Bid] Part-III (Financial Bid) Dated: (Signature of Tenderer) With seal Pushpa Gujral Science City: Tender: Souvenir Shop Page 4
5 Particulars Contract for RUNNING OF SOUVENIR SHOP Date for Pre-Bid Meeting : March 27, 2015 at 1130 Hours Place for Pre-Bid Meeting : Committee Room, Administrative Block, Pushpa Gujral Science City (PGSC), Jalandhar-Kapurthala Road, Kapurthala Last Date for submission of : April 06, 2015 by 1430 Hours Offer Place for submission of Offer : The Director, Administrative Block, Pushpa Gujral Science City (PGSC), Kapurthala Validity of the Offer : 6 (Six) Months from the last date for submission of Tender Contract Period : Five years Earnest Money Deposit : Rs.50,000/- (Rs. Fifty Thousand Only) Through Demand Draft in favor of Pushpa Gujral Science City, payable at Kapurthala Cost of Tender Document : Rs.1,000/- (Rs. One Thousand Only) Through Demand Draft in favor of Pushpa Gujral Science City, payable at Kapurthala In case Tender Document has been downloaded then Tender Document Fee of Rs. 1000/- to be submitted along with EMD in Envelope-I Contact Person at PGSC : Dr. R Grover, Director Tel: Particulars of Tenderer : Tenderer is requested to fill their complete particulars as per Annexure: I attached Pushpa Gujral Science City: Tender: Souvenir Shop Page 5
6 RUNNING OF SOUVENIR SHOP Pushpa Gujral Science City (PGSC) invites tenders from reputed Agencies for Running of Souvenir Shop at the Science City. A spacious souvenir shop has been provided in the Gate Complex for retail selling of science related books, souvenirs, toys, kits etc. Every visitor passes through the shop as per present exit roué before leaving the Science City. More than 3.5 Lacs visitors visit the Science City annually. Visitors generally spend 6 to 7 hours in the Science City. Pushpa Gujral Science City: Tender: Souvenir Shop Page 6
7 INSTRUCTIONS Contract for Running of Souvenir Shop 1. PRE-BID MEETING 1.1 A pre-bid meeting shall be held for clarifying any issue raised by the prospective bidders. The prospective bidders may send their queries in advance preferably. 1.2 The minutes of the pre-bid meeting shall be posted on the website of PGSC next working day. 1.3 Decisions taken in the pre-bid meeting shall have overriding effect on the provisions mentioned in scope, term and conditions of the Tender Document. 2. The offer should be submitted in three separate envelopes. Part - I (Envelope - I): containing Earnest Money Deposit of Rs. 50,000/- plus Rs. 1000/- (cost of tender document, if downloaded from the website) or PGSC receipt of Rs. 1000/- against the purchase of Tender Document Part II (Envelope - II): containing Technical Bid Part III (Envelope - III): containing Financial Bid 3. The procedure for submitting the tender shall be as under: - ENVELOPE I: superscribed EARNEST MONEY DEPOSIT should contain Earnest Money Deposit in the form of Demand Draft for Rs. 50,000/- Cost of Tender Document of Rs. 1000/-, if downloaded from the website. PGSC Receipt, if Tender Document is purchased through cash from PGSC. Tender submitted without the Earnest Money will be summarily rejected. The earnest money deposited with PGSC will be refunded to the unsuccessful tenderer after award of work to successful bidder. In case of successful Tenderer, the Earnest Money will be retained as the Security Deposit/ Retention Money for satisfactory execution of the contract. In case of successful Tenderer does not return the signed copy of the Agreement within 15 days of the issue of the intent letter, the earnest money shall be forfeited by the PGSC. No interest will be payable on the EMD. ENVELOPE - II: superscribed TECHNICAL BID should contain Company / Contractor Profile Particulars of Tenderer as per Annexure: I attached Pushpa Gujral Science City: Tender: Souvenir Shop Page 7
8 Details of Experience of similar work (along with proof, if possible) Documentary evidence for PAN, VAT etc. Two References with Name and Contact information, where the bidder is already running of Souvenir Shop during last 3 years. Self Attested copy of last 3 years Income Tax Assessment (order/return) Any other details tenderer wants to submit in support of his / her suitability. ENVELOPE III: superscribed FINANCIAL BID should contain only the price bid. All the envelopes mentioned above should be submitted in a larger envelope double-sealed cover, super-scribing TENDER for Souvenir Shop at PUSHPA GUJRAL SCIENCE CITY, KAPURTHALA, PUNJAB. within due date. 4. PROCEDURE The procedure of opening the tender shall be as follows: Envelope I shall be opened in the first instance. Bids without proper Earnest Money shall be outrightly rejected and Envelope II and III shall not be opened. Envelope II shall only be opened with Earnest Money in Envelope I as required. The Technical Bid will be evaluated by Technical Evaluation Committee. Envelope - III of only those bidder(s) shall be opened who have been qualified by the Technical Evaluation Committee. Conditional bids will be outrightly rejected. 5. CLARIFICATION OF BIDS To assist in the examination, evaluation and comparison of bids, PGSC may, if necessary, ask bidders individually for clarification of their bids. 6. SELECTION CRITERIA The Financial Bids of only those tenderers will be opened who will be recommended by the Technical Evaluation Committee. Highest commission paying Bidder will be awarded the contract. 7. Other Instructions Pushpa Gujral Science City: Tender: Souvenir Shop Page 8
9 7.1 PGSC will process the tender as per PGSC norms & procedures and PGSC would not be under any obligation to give any clarification to the agencies whose bids are rejected. 7.2 Tenderers are advised to understand the magnitude of the work and visit Science City and themselves see the location and present exit route through Souvenir Shop during office hours on any working day 7.3 PGSC reserves the right to reject / cancel any or all or part of the tender of the bidder without assigning any reasons and shall also not be bound to accept highest bidder. The decision of the PGSC shall be final and binding. 7.4 Omission, neglect or failure on the part of bidder to obtain requisite reliable and full information or any matter affecting his / her tender, shall not relieve the bidder, from any liability in respect of the contract. Pushpa Gujral Science City: Tender: Souvenir Shop Page 9
10 SCOPE OF WORK, TERMS & CONDITIONS 1. Scope of Work Retail selling of science related books, souvenirs, scientific kits, toys, etc at Souvenir Shop at the Pushpa Gujral Science City. 2. Period of Contract 2.1. The contract shall be for a period of FIVE years from the date of start, which shall be indicated in the award letter. 3. Extension of Contract Period 3.1. If PGSC finds the work of contractor satisfactory and Contractor also desires to continue operations of souvenir shop at Science City then Contract can be extended on mutually agreed period and terms & conditions The Security Deposit will be withheld for the extended period and no interest will be payable. 4. Security and Payments 4.1. Security The Bidders shall deposit EMD of Rs. 50,000/- at the time of deposit of tender. EMD of the successful bidder will be kept as Security Amount for the duration of the lease period. It will be returned only after the completion of the lease period Successful Bidder will deposit additional Rs. 50,000/- or Bank Guarantee of equivalent amount with PGSC as a part of Security Deposit at the time of award of contract No interest will be payable on Security Deposit The Security deposit is liable to be forfeited wholly or partially if: The standard of souvenir shop deteriorates during the tenure of contract Persistent Misbehavior of contractor or his employees Any damage is caused to the building, equipment and any other things belonging to PGSC The tenderer declines to render services at the rates agreed upon, due to any reason Tenderer fails to fulfill any terms & Conditions of the agreement As per the termination clause. Pushpa Gujral Science City: Tender: Souvenir Shop Page 10
11 4.2. Mode of Payments The contractor shall deposit commission quoted of the total realized amount (minus taxes) on fortnightly basis calculated upto 15th day and end of the each month and shall be payable within 7 days. For late payment, 12% penal interest shall be charged All the sale in the shop shall be through Computerized Billing for which software shall be provided by the PGSC. The computers will be networked with the Server of the PGSC. For the purpose of computerized billing, sufficient Computer trained persons shall have to be employed by the Contractor If any item is found to be sold without billing Rs. 1000/- (Rupees One Thousand only) will be charged from the contractor for each such omission PGSC shall have the right to surprise check the billing being done by the Contractor on any day at any time during operating hours Electricity bill to be totally paid by the contractor. A separate sub meter shall be installed. The rate of electricity shall be the same, which PGSC will pay to Punjab State Power Corporation Ltd. (PSPCL) Mode / Schedule of Payments will be as follows: Item Amount Time for Deposit of Money A EMD Rs 50,000/- Deposited along with Tender Document will be retained as part of Security Deposit in case of successful bidder. B Security Deposit Rs. 50,000/- Successful Bidder will deposit Security as Demand Draft to PGSC or Bank Guarantee of equivalent amount valid till the tenure of contract on award of contract. C Commission Quoted Commission Fortnightly basis calculated upto 15th day and end of the each month and Pushpa Gujral Science City: Tender: Souvenir Shop Page 11
12 shall be payable within 7 days. D Electricity As per Shall be paid at the end of each month, Charges PSPCL to be payable by 10 th day of next Charges on English calendar month Sub Meter Reading 5. CONTRACTORS RESPONSIBILITIES 5.1. Contractor shall follow and comply with Requirements / ACTS / Rules / Notifications by Government and Guidelines for running of souvenir shop Comply with rules and notifications of Ministry of Labour, Government of Punjab Indemnify PGSC against any such violation of rules / requirements etc found by authorized Agencies during inspections or otherwise The Contractor shall be provided with the souvenir shop building with normal electrical fittings. He/she will get the counters made, display racks, provide ACs, special lights, Computers and printers (for billing purpose) and other related items for running Souvenir Shop at his own expenses The Following types of articles relating to science city, or based upon the principles of science, or providing knowledge of science may be sold by the contractor in the souvenir shop: Scientific articles. Magnets (having PGSC logo and name) Key rings Toys Books Puzzles Kits Science related CDs Educational Films Posters & Paintings Badges Souvenirs based on various exhibits / models of Science City etc. T Shirts, jackets, caps with PGSC logo and name Any other item with the permission of PGSC 5.6. The list of articles to be sold at souvenir shop shall be got approved from the PGSC. Rates for each item will be a labeled on each item The contractor shall not sell any eatables except branded chocolates and candies. Pushpa Gujral Science City: Tender: Souvenir Shop Page 12
13 5.8. The contractor will arrange and provide all other auxiliary and support infrastructure or equipment for operations and maintenance of the facility Contractor will install computers and printers for the issue of bills while the software for billing will be provided by PGSC which will be linked with PGSC server Terms & Conditions about employees of the contractor The contractor shall certify that the age of workers deployed is more than 18 years and shall comply with all the statutory requirements The contractor shall pay the minimum wages as prescribed by the Ministry of Labour, Government of Punjab to the persons engaged by him / her and abide by other Labour Laws like ID Act, Shops & Establishments, Employees Insurance, Factory Act etc The Contractor will furnish a list of his employees with their names, father s name, correspondence address as well as permanent address, date of birth and photographs to the PGSC for record The contractor shall provide identity cards and uniforms to all his staff at his own cost The contractor will be responsible for observing all the legal requirement / obligations / statutory compliance regarding working conditions of his employees under various labour, service, ESI, PF and other laws which may be in force Neither contractor nor any of his employees will perform the duty in drunken condition and if the contractor or any of his employees is found in such state, it may result in a fine of Rs. 2000/- for the first time and Rs. 5000/- for each subsequent offence(s) In case any legal action is brought about by any of the employees of the contractor for any grievance with regard to his service conditions, benefits or any other loss or injury suffered during performance of his duties etc. the entire responsibility shall be of the contractor, who shall indemnify PGSC against any such claim The behaviour of the contractor and his employees with the visitors and the staff of PGSC shall be polite and courteous. The employee of the contractor, who will be dealing with the public shall be at least matriculate, smart, well mannered and of co-operative attitude. No person other than those mentioned in the list shall be placed on duty. Further they shall be in proper uniform and have nameplate on their left chest side as prescribed by the PGSC. Any employee of the contractor shall be liable to pay an amount of Rs 2000/- as Pushpa Gujral Science City: Tender: Souvenir Shop Page 13
14 penalty to the PGSC in case of default of above. If such violation continues 3 times, the contractor would be required to terminate that employee. Further if any dispute occurs with any visitor, the matter shall be immediately referred to the nominee of the Director General of the PGSC, whose decision in the matter shall be final and binding. A note to this effect shall be notified on the Notice Board at the Entrance of PGSC at the prominent places In case the contractor or his employees are found guilty of moral turpitude or any anti-social activity, the agreement may be cancelled by the PGSC. Besides, PGSC will be at liberty to take criminal / civil action as per provision of law against such person PGSC will not be responsible for payment of any type, on account of any loss occurring due to employees of the contractor for which the contractor shall be exclusively liable In case of any mishap or any accident in the contract space, the contractor shall be solely responsible for civil damages and criminal action and the contractor shall indemnify PGSC. Also it will be the responsibility of the contractor to shift the person / persons on this account to a suitable medical facility at his cost and meeting his/her medical expenses, if so required Premises The contractor will not transfer or sublet the contract The contractor will not make any kind of excavation or construction including alteration or modification in the premises without the permission of PGSC in writing and further, he shall have no right to use PGSC property for his/her employee s personal purpose. The contractor shall not claim any such alteration / modification to be removed which may damage the premises as originally existing at the expiry of contract or extended period thereof The contractor will not alter or damage PGSC s property including electrical appliances, sanitary fittings and other fitting/ equipments as well the plantation work provided in the premises. In fact he shall be responsible for its care and safety, failing which he will be liable to pay its cost as decided by the PGSC. PGSC has the authority to inspect the leased space any time without giving any notice to the contractor The contractor will keep the premises in good, clean and hygienic order and maintain it in its original and aesthetic shape. Pushpa Gujral Science City: Tender: Souvenir Shop Page 14
15 The contractor will not use or permit others to use the premises for the publicity purpose in any shape or form The contractor will not encroach upon the rights of other contractors, running their business in the PGSC premises Maintenance of the premises will be the responsibility of the Contractor during the Lease period On termination of contract, the contractor will hand over the site(s) to PGSC in the condition / manner it was received, else PGSC will have the right to deduct cleaning / repair /except as provided elsewhere herein/ white washing cost from the Security (EMD) or other dues payable or charge the contractor for the same Penal Rent If the contractor fails to vacate the premises after the expiry of the contract period owing to any reason, whatsoever, the contractor shall pay the penal rent of Rs.10000/- per day for such period the premises remains in his possession after expiry of Contract or the extended period, as the case may be Expenses for Execution Agreement The expenses for preparation and execution of Agreement for this contract shall be borne by the contractor The copy of the draft Agreement is enclosed at Annexure: II Maintenance Maintenance of all equipment, Computer, printer, machinery, furniture, display racks, Computer, electrical, civil, plumbing work etc whether provided by PGSC or arranged by the contractor, to be done by the contractor In the event of theft, pilferage or damage to the PGSC s property, and if proved that the contractor or his staff are responsible; the agency should make good all the losses and remove the concerned person identified as responsible from the services Operations: Presently PGSC is open 365 days (on all Saturdays, Sundays and Holidays) from 9:00 AM to 7 PM. Therefore facilities should be available all the time. Holiday, if any shall be notified in advance If opening and closing times are changed by the PGSC, the contractor will accordingly change the timings for services. Pushpa Gujral Science City: Tender: Souvenir Shop Page 15
16 5.16. Other Important Conditions Contractor will be responsible for having cordial relations with tour operators / travel agents The Contractor will arrange to collect payment from visitors or employees of PGSC on his / her own. Any credit facility extended by contractor will be at his / her cost and risk. The PGSC will not take any responsibility on this account All the statutory requirements regarding payment to the workers shall be exclusive liability of the contractor All the Taxes applicable from time to time shall be the responsibility of the contractor The contractor will be himself / herself responsible for insurance of his / her goods and will indemnify PGSC from any losses due to operations, fire, theft, force majure etc Bidders are advised to visit the site and inspect the facilities available at the PGSC. For any clarification, Director / Manager (Estate) may be contacted. 6. Obligations of the Pushpa Gujral Science City 6.1. PGSC will provide building for the Souvenir Shop. The present area of the shop is 210 square meters. However PGSC has the right to increase or decrease the area/ size of the shop or change its present location in case this area is required for some other purpose. In that case it will be ensured that exit route will be appropriately modified Billing Software will be provided by PGSC, which will be connected with the Server of PGSC Electricity supply will be provided by the PGSC. However, if any extra illumination or any extra electrical equipment is needed by the contractor, in that case the contractor will arrange the same at his / her own cost for its proper use and maintenance. If there is any breakdown or electricity cut in non-working hours, Contractor has to arrange its own backup through stand by pollution free and silent generator/ inverter compliance to norms of Pollution Control Board. 7. Termination of Contract 7.1. The contract can be terminated by either party after giving 6 months notice Without prejudice to other provisions herein, the contract can be terminated by PGSC by giving a prior notice of 3 months on violation of conditions of contract or on the grounds of default of proper services or deposit of payments by contractor. For operation of this clause a Consultative Committee of four representatives, two each from each party shall be constituted by the Director General, which shall meet from time to time and submit their deliberations to Pushpa Gujral Science City: Tender: Souvenir Shop Page 16
17 the Director General. The Director of the Science City or any other person authorized by the Director General, PGSC will be Chairman of the Committee In case of termination of the contract during the contract period, in the violation of clause 7.2 of the agreement, security Deposit will be forfeited In case of termination of the contract by the contractor, during the contract period, Contractor shall not remove his / her any equipment from the PGSC site without the permission of the PGSC, before full and final adjustment of accounts In case of termination of contract for convenience of both the parties i.e. PGSC and contractor who mutually agree to terminate the contract, the contractor will keep running the services as per the terms and conditions of the contract until PGSC appoints new contractor or for 6 months, whichever is earlier. 8. Any Disputes in Day to Day Operations 8.1. For removing difficulties and for operating the contract on day to day basis and resolving mutual problems in an amicable manner, a standing committee consisting of one /two representatives of PGSC and one /two representatives of the contractor shall be constituted, which will be headed by the person outside the PGSC and contractor s firm nominated by the Director General, PGSC. The decision / settlement arrived at there in shall be binding. 9. Arbitration 9.1. All disputes between PGSC and the contractor arising out of this agreement entered into or in relation thereto or regarding the interpretation of any clause, terms and conditions thereof shall be referred to the Director General, Pushpa Gujral Science City acting as such at the time of reference or any other person as may be nominated by the DG who will be the sole arbitrator and his decision will be final and binding. In case the nominated Arbitrator is unable to commence or continue with the Arbitral proceedings for any reason whatsoever, the DG shall nominate / appoint another officer of PGSC who shall commence the proceedings and decide the reference. The provision of Arbitration and Conciliation Act 1996 shall apply The place for arbitration will be Kapurthala. 10. Legal Jurisdiction District Courts at Kapurthala, Punjab Pushpa Gujral Science City: Tender: Souvenir Shop Page 17
18 FINANCIAL BID RUNNING OF SOUVENIR SHOP at PUSHPA GUJRAL SCIENCE CITY, KAPURTHALA Item of work Percentage of Commission of the total realized amount (minus taxes) Percentage in Figures Percentage in Words The commission calculated as per above quoted commission rate will be NET PAYABLE to PGSC as per the terms and Conditions. Any taxes and levis payable will be extra as applicable. Date: Place: Name, Signature & Seal of Tenderer Note: In case there is any discrepancy in the amount mentioned in words and figures, that mentioned in words shall prevail. Pushpa Gujral Science City: Tender: Souvenir Shop Page 18
19 PARTICULARS Use Additional Sheet if necessary Annexure: I S.No 1 Name of Agency 2 Postal Address address Telephone No. Fax No 3 Name and designation of the representative of the Agency to whom all references shall be made Mobile No. 4 Status of Organization (Whether Private/ Public Sector Undertaking / Sole Proprietor / Partnership/Cooperative Society etc.) 5 VAT No.: PAN No.: Self Attested copy of last 2 years Income Tax Assessment orders. 6 FINANCIAL STATUS Turnover for the last 3years: , and (Documentary Evidence) 7 BANK DETAILS Name of the Bank: Address of the Bank: Type of Account: Bank Account Number: 8 Solvency Certificate from Bank for the amount of Rs. 1 lakh 9 Has the tenderer executed similar nature of work? (attach copies of work orders & references) References (from two firms) Or own work then details of it. 10 Affidavit to be provided that contractor/firm has been never debarred / black listed by any Government Department / Undertaking or any other Agency? Pushpa Gujral Science City: Tender: Souvenir Shop Page 19
20 11 Have your registered under Employees Provident Fund and Miscellaneous Provision Act? IF so, enclose copy of Registration. Enclose copy of latest remittance made by your agency towards EPF 12 Have you registered under Section 69 of the Indian Finance Act 1994 and Service Tax Rules 1994? If so, enclose copy of Registration Enclose coy of latest remittance made by your Agency under service tax rules. 13 Have you registered with the State / Central Labour Authorities. If so, enclose copy of registration 14 Details of bank draft for Rs. enclosed as EMD 15 Details of bank draft for Rs. enclosed as Tender Document Fee 16 Any Other Information Date: (Name & Signature of Agency) With Seal Pushpa Gujral Science City: Tender: Souvenir Shop Page 20
21 AGREEMENT ANNEXURE: II AGREEMENT FOR RUNNING OF SOUVENIR SHOP IN PUSHPA GUJRAL SCIENCE CITY, KAPURTHALA This agreement is made on the between Pushpa Gujral Science City Society and its successors, assigns, executors etc. (hereafter referred to as the Society) and M/s (Hereinafter referred to as the contractor) for running of Souvenir Shop in the campus of Pushpa Gujral Science City, Kapurthala. The terms of conditions of Tender Notice and minutes of pre bid meeting shall also form part of this contract. 1. Scope of Work Retail selling of science related books, souvenirs, scientific kits, toys, etc at Souvenir Shop at the Pushpa Gujral Science City. 2. Period of Contract Subject to other conditions hereinafter appearing, the contract shall be from to. 3. Extension of Contract Period 3.1. If PGSC finds the work of contractor satisfactory and Contractor also desires to continue operations of souvenir shop at Science City then Contract can be extended on mutually agreed period and terms & conditions The Security Deposit will be withheld for the extended period and no interest will be payable. 4. Termination of Contract 4.1. The contract can be terminated by either party after giving 6 months notice Without prejudice to other provisions herein, the contract can be terminated by PGSC by giving a prior notice of 3 months on violation of conditions of contract or on the grounds of default of proper services or deposit of payments by contractor. For operation of this clause a Consultative Committee of four representatives, two each from each party shall be constituted by the Director General, which shall meet from time to time and submit their deliberations to the Director General. The Director of the Science City or any other person authorized by the Director General, PGSC will be Chairman of the Committee In case of termination of the contract during the contract period, in the violation of clause 4.2 of the agreement, security Deposit will be forfeited In case of termination of the contract by the contractor, during the contract period, Contractor shall not remove his / her any equipment from the PGSC site without the permission of the PGSC, before full and final adjustment of accounts. Pushpa Gujral Science City: Tender: Souvenir Shop Page 21
22 4.5. In case of termination of contract for convenience of both the parties i.e. PGSC and contractor who mutually agree to terminate the contract, the contractor will keep running the services as per the terms and conditions of the contract until PGSC appoints new contractor or for 6 months, whichever is earlier. 5. Security and Payments 5.1. Security The Bidders shall deposit EMD of Rs. 50,000/- at the time of deposit of tender. EMD of the successful bidder will be kept as Security Amount for the duration of the lease period. It will be returned only after the completion of the lease period Successful Bidder will deposit additional Rs. 50,000/- or Bank Guarantee of equivalent amount with PGSC as a part of Security Deposit at the time of award of contract No interest will be payable on Security Deposit The Security deposit is liable to be forfeited wholly or partially if: The standard of souvenir shop deteriorates during the tenure of contract Persistent Misbehavior of contractor or his employees Any damage is caused to the building, equipment and any other things belonging to PGSC The tenderer declines to render services at the rates agreed upon, due to any reason Tenderer fails to fulfill any terms & Conditions of the agreement As per the termination clause Mode of Payments The contractor shall deposit commission quoted %of the total realized amount (minus taxes) on fortnightly basis calculated upto 15th day and end of the each month and shall be payable within 7 days. For late payment, 12% penal interest shall be charged All the sale in the shop shall be through Computerized Billing for which software shall be provided by the PGSC. The computers will be networked with the Server of the PGSC. For the purpose of computerized billing, sufficient Computer trained persons shall have to be employed by the Contractor If any item is found to be sold without billing Rs. 1000/- (Rupees One Thousand only) will be charged from the contractor for each such omission. Pushpa Gujral Science City: Tender: Souvenir Shop Page 22
23 PGSC shall have the right to surprise check the billing being done by the Contractor on any day at any time during operating hours Electricity bill to be totally paid by the contractor. A separate sub meter shall be installed. The rate of electricity shall be the same, which PGSC will pay to Punjab State Power Corporation Ltd. (PSPCL) Mode / Schedule of Payments will be as follows: Item Amount Time for Deposit of Money A EMD Rs 50,000/- Deposited along with Tender Document will be retained as part of Security Deposit in case of successful bidder. B Security Deposit Rs. 50,000/- Successful Bidder will deposit Security as Demand Draft to PGSC or Bank Guarantee of equivalent amount valid till the tenure of contract on award of contract. C Commission Quoted Commission % D Electricity As per PSPCL Charges Charges on Sub Meter Reading Fortnightly basis calculated upto 15th day and end of the each month and shall be payable within 7 days. Shall be paid at the end of each month, to be payable by 10 th day of next English calendar month 6. CONTRACTORS RESPONSIBILITIES 6.1. Contractor shall follow and comply with Requirements / ACTS / Rules / Notifications by Government and Guidelines for running of souvenir shop Comply with rules and notifications of Ministry of Labour, Government of Punjab Indemnify PGSC against any such violation of rules / requirements etc found by authorized Agencies during inspections or otherwise The Contractor shall be provided with the souvenir shop building with normal electrical fittings. He/she will get the counters made, display racks, provide ACs, special lights, Computers and printers (for billing purpose) and other related items for running Souvenir Shop at his own expenses The Following types of articles relating to science city, or based upon the principles of science, or providing knowledge of science may be sold by the contractor in the souvenir shop: Scientific articles. Magnets (having PGSC logo and name) Key rings Toys Books Pushpa Gujral Science City: Tender: Souvenir Shop Page 23
24 Puzzles Kits Science related CDs Educational Films Posters & Paintings Badges Souvenirs based on various exhibits / models of Science City etc. T Shirts, jackets, caps with PGSC logo and name Any other item with the permission of PGSC 6.6. The list of articles to be sold at souvenir shop shall be got approved from the PGSC. Rates for each item will be a labeled on each item The contractor shall not sell any eatables except branded chocolates and candies The contractor will arrange and provide all other auxiliary and support infrastructure or equipment for operations and maintenance of the facility Contractor will install computers and printers for the issue of bills while the software for billing will be provided by PGSC which will be linked with PGSC server Terms & Conditions about employees of the contractor The contractor shall certify that the age of workers deployed is more than 18 years and shall comply with all the statutory requirements The contractor shall pay the minimum wages as prescribed by the Ministry of Labour, Government of Punjab to the persons engaged by him / her and abide by other Labour Laws like ID Act, Shops & Establishments, Employees Insurance, Factory Act etc The Contractor will furnish a list of his employees with their names, father s name, correspondence address as well as permanent address, date of birth and photographs to the PGSC for record The contractor shall provide identity cards and uniforms to all his staff at his own cost The contractor will be responsible for observing all the legal requirement / obligations regarding working conditions of his employees under various labour, service, ESI, PF and other laws which may be in force Neither contractor nor any of his employees will perform the duty in drunken condition and if the contractor or any of his employees is found in such state, it may result in a fine of Rs. 2000/- for the first time and Rs. 5000/- for each subsequent offence(s) In case any legal action is brought about by any of the employees of the contractor for any grievance with regard to his service conditions, benefits or any other loss or injury suffered during performance of his duties etc. the entire responsibility shall be of the contractor, who shall indemnify PGSC against any such claim The behaviour of the contractor and his employees with the visitors and the staff of PGSC shall be polite and courteous. The employee of the contractor, who will be dealing with the public shall be at least matriculate, smart, well mannered and of co-operative attitude. No person other than those mentioned in the list shall be Pushpa Gujral Science City: Tender: Souvenir Shop Page 24
25 placed on duty. Further they shall be in proper uniform and have nameplate on their left chest side as prescribed by the PGSC. Any employee of the contractor shall be liable to pay an amount of Rs 2000/- as penalty to the PGSC in case of default of above. If such violation continues 3 times, the contractor would be required to terminate that employee. Further if any dispute occurs with any visitor, the matter shall be immediately referred to the nominee of the Director General of the PGSC, whose decision in the matter shall be final and binding. A note to this effect shall be notified on the Notice Board at the Entrance of PGSC at the prominent places In case the contractor or his employees are found guilty of moral turpitude or any anti-social activity, the agreement may be cancelled by the PGSC. Besides, PGSC will be at liberty to take criminal / civil action as per provision of law against such person PGSC will not be responsible for payment of any type, on account of any loss occurring due to employees of the contractor for which the contractor shall be exclusively liable In case of any mishap or any accident in the contract space, the contractor shall be solely responsible for civil damages and criminal action and the contractor shall indemnify PGSC. Also it will be the responsibility of the contractor to shift the person / persons on this account to a suitable medical facility at his cost and meeting his/her medical expenses, if so required Premises The contractor will not transfer or sublet the contract The contractor will not make any kind of excavation or construction including alteration or modification in the premises without the permission of PGSC in writing and further, he shall have no right to use PGSC property for his/her employee s personal purpose. The contractor shall not claim any such alteration / modification to be removed which may damage the premises as originally existing at the expiry of contract or extended period thereof The contractor will not alter or damage PGSC s property including electrical appliances, sanitary fittings and other fitting/ equipments as well the plantation work provided in the premises. In fact he shall be responsible for its care and safety, failing which he will be liable to pay its cost as decided by the PGSC. PGSC has the authority to inspect the leased space any time without giving any notice to the contractor The contractor will keep the premises in good, clean and hygienic order and maintain it in its original and aesthetic shape The contractor will not use or permit others to use the premises for the publicity purpose in any shape or form The contractor will not encroach upon the rights of other contractors, running their business in the PGSC premises Maintenance of the premises will be the responsibility of the Contractor during the Lease period On termination of contract, the contractor will hand over the site(s) to PGSC in the condition / manner it was received, else PGSC will have the right to deduct cleaning / repair / except as provided Pushpa Gujral Science City: Tender: Souvenir Shop Page 25
26 elsewhere herein / white washing cost from the Security (EMD) or other dues payable or charge the contractor for the same Penal Rent If the contractor fails to vacate the premises after the expiry of the contract period owing to any reason, whatsoever, the contractor shall pay the penal rent of Rs.10000/- per day for such period the premises remains in his possession after expiry of Contract or the extended period, as the case may be Expenses for Execution Agreement The expenses for preparation and execution of Agreement for this contract shall be borne by the contractor Maintenance Maintenance of all equipment, Computer, printer, machinery, furniture, display racks, Computer, electrical, civil, plumbing work etc whether provided by PGSC or arranged by the contractor, to be done by the contractor In the event of theft, pilferage or damage to the PGSC s property, and if proved that the contractor or his staff are responsible; the agency should make good all the losses and remove the concerned person identified as responsible from the services Operations: Presently PGSC is open 365 days (on all Saturdays, Sundays and Holidays) from 9:00 AM to 7 PM. Therefore facilities should be available all the time. Holiday, if any shall be notified in advance If opening and closing times are changed by the PGSC, the contractor will accordingly change the timings for services Other Important Conditions Contractor will be responsible for having cordial relations with tour operators / travel agents The Contractor will arrange to collect payment from visitors or employees of PGSC on his / her own. Any credit facility extended by contractor will be at his / her cost and risk. The PGSC will not take any responsibility on this account All the statutory requirements regarding payment to the workers shall be exclusive liability of the contractor All the Taxes applicable from time to time shall be the responsibility of the contractor The contractor will be himself / herself responsible for insurance of his / her goods and will indemnify PGSC from any losses due to operations, fire, theft, force majure etc Bidders are advised to visit the site and inspect the facilities available at the PGSC. For any clarification, Director / Manager (Estate) may be contacted. 7. Obligations of the Pushpa Gujral Science City Pushpa Gujral Science City: Tender: Souvenir Shop Page 26
27 7.1. PGSC will provide building for the Souvenir Shop. The present area of the shop is 210 square meters. However PGSC has the right to increase or decrease the area/ size of the shop or change its present location in case this area is required for some other purpose. In that case it will be ensured that exit route will be appropriately modified Billing Software will be provided by PGSC, which will be connected with the Server of PGSC Electricity supply will be provided by the PGSC. However, if any extra illumination or any extra electrical equipment is needed by the contractor, in that case the contractor will arrange the same at his / her own cost for its proper use and maintenance. If there is any breakdown or electricity cut in non-working hours, Contractor has to arrange its own backup through stand by pollution free and silent generator/ inverter compliance to norms of Pollution Control Board. 8. Any Disputes in Day to Day Operations 8.1. For removing difficulties and for operating the contract on day to day basis and resolving mutual problems in an amicable manner, a standing committee consisting of one /two representatives of PGSC and one /two representatives of the contractor shall be constituted, which will be headed by the person outside the PGSC and contractor s firm nominated by the Director General, PGSC. The decision / settlement arrived at there in shall be binding. 9. Arbitration 9.1. All disputes between PGSC and the contractor arising out of this agreement entered into or in relation thereto or regarding the interpretation of any clause, terms and conditions thereof shall be referred to the Director General, Pushpa Gujral Science City acting as such at the time of reference or any other person as may be nominated by the DG who will be the sole arbitrator and his decision will be final and binding. In case the nominated Arbitrator is unable to commence or continue with the Arbitral proceedings for any reason whatsoever, the DG shall nominate / appoint another officer of PGSC who shall commence the proceedings and decide the reference. The provision of Arbitration and Conciliation Act 1996 shall apply The place for arbitration will be Kapurthala. 10. Legal Jurisdiction District Courts at Kapurthala, Punjab Signed today on the Day of at Kapurthala. For Contractor Designation Contractor Address For PGSC, Kapurthala Director Pushpa Gujral Science City Kapurthala Witness: Witness: Pushpa Gujral Science City: Tender: Souvenir Shop Page 27
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