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Special Conditions For Parking Contracts

Special Conditions For Parking Contracts over Northern Railway

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0% found this document useful (0 votes)
978 views9 pages

Special Conditions For Parking Contracts

Special Conditions For Parking Contracts over Northern Railway

Uploaded by

Tender Cell
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SPECIAL CONDITIONS FOR PARKING CONTRACTS

1. SCOPE OF WORK:
a. The Licensee shall operate the parking lot by streamlining the
vehicles received for parking and to facilitate the users for safely
park their vehicles.
b. The Licensee/Licensees shall have the use of all that piece of land
on the Railway's station as described in sketch/layout given for
the exclusive purpose of erecting a temporary two/four wheeler
vehicles stand and for no other purpose whatsoever.
c. The Licensee shall be allowed to collect prescribed parking charges
from the users.
d. The parking lot will be allotted to the licensee on "AS IS WHERE IS"
basis. The bidder on his own interest may examine the sketch/layout
of location by physically visiting the site and should satisfy himself
about the Iodation, site, boundaries, condition of levelling, entry-exit
gates etc. before applying for the parking contract. Any dispute on
any account will not be entertained after allotment of contract.
e. It shall be the duty of the Licensee to properly demarcate the
boundaries of the area allotted to identify the usable area, which
will be verified by SM, SSE (works) and Cl/CCI
f. Temporary covered shelter of adequate area (need basis only)
within the
allotted area may be provided by the contractor for shelter from
sun/rain for staff working there in a manner such that it does not
adversely affect the aesthetics of the station.
g. In case of allotment on BOT basis, the Licensee shall have to
construct multi-level parking building structure as per the design and
specifications given by Railway Administration, at his own cost.
Licensee will be given a period of (time limit as per work involved)
for making the site feasible for working. This period may be
extended further with the approval of Sr. DCM.

2. GENERAL INSTRUCTIONS:
a. The bidder must obtain for himself on his own responsibility and his
own expenses all the information which may be necessary for the
purpose of bidding and acquaint him with all local conditions means
of access to the nature of works and all matters pertaining there to.
b. In the event the bid is submitted by a Company, it should be signed
by an authorized signatory and the Bid should be accompanied with a
resolution of the Board of Directors authorizing the person to sign
the Bid Document.
c. Conditional bid will be rejected.
d. The Administration does not bind itself to accept the highest or any
other bid and reserves the right to accept or reject any or all the
bids either in whole or in part thereof without assigning any reasons
for doing so.

3. P ERIOD OF CONTRACT:
a. The period of contract for General/ Normal Parking shall be 3 years.
However, the period of High Investment contract for Parking lot shall
be 5 years.
b. The License fees shall be escalated by 10% in 4th and 5th year over
previous year's license fees.
4. LOSS & THEFT OF PROPERTY:

a. The licensee shall be solely responsible for the upkeep of all the
assets under
his custody and any loss and damage thereof shall be made good
by him immediately at his own cost.
b. The licensee will be solely responsible for any loss/theft of
passenger's
property kept in his possession during the currency of contract
period and under no circumstances Railway administration will be
responsible for loss/damages to the property/assets of passengers
which are under the custody of licensee.

5. PARKING CHARGES:

a. Car Parking is allowed where sufficient place and entry/exit for


cars is available.
b. Parking charges to two wheeler of the Railway staff to the tune of
50% applicable to Monthly Pass holder (MPH) will be levied on
showing proof of identity, should be levied. The contractor shall
mention this prominently on the board displayed at the parking
stand.
c. Licensee should issue monthly passes to the users for the period of
validity of contract only and under no circumstances it will be beyond
this. If any such issue of passes is noticed the Security Deposit will
be forfeited.
d. If any vehicle is parked beyond 48 hrs (other than M.P.H.) licensee
should inform GRP/RPF about such vehicles parked in his parking
area
e. If no one is coming to claim the vehicle by 7 days the vehicle will be
handed over to Railway for further disposal through proper procedure
of "Auction" as envisaged in commercial manual. If any claim is
received afterwards for said vehicle, claim will be settled by Railways
on this account up to the amount received in auction deducting due
incidental charges thereof and no claim beyond this _amount will be
entertained by Railways. Above said remarks should be printed in
the parking coupons issued thereof to daily users by licensee.
f. If any revision of rate is effective due to various factors for any new
contract at a station where there is a contract is in existence, to
avoid differential pricing/parking rates at the station (which may
lead to complaints from users) the revised parking rates may be
made applicable to old contractor upto the currency of contract
in consultation with associate finance concurrence and DRM's
approval, with necessary increase in license fee payment
obligations from licensee side. If the licensee is not agreeing to the
revised proposal of enhanced license fee, the contract can be
terminated by following due notice and fresh bids needs to be initiated
with revised parking charges.
g. If the parking fees are revised during the currency of the
contract, the license fees will be revised in same proportion w.e.f.
Implementation of such revision.
h. In case of mid-term increase of license fee as stated in above Para
and if it has been accepted by the licensee, necessary additional
Security Deposit and Goods and service tax liability will be
collected from licensee. Without submission of additional Security
Deposit and revised license fee due licensee will not be allowed to
charge revised rates. The licensee shall at his/their own expenses
and on his/their sole responsibility obtain all other necessary licenses
(if any) for carrying on for the said business.
i. Parking Tariff :
The Licensee will be allowed to charge the vehicles as per
rates shown below:
Parking Tariff for ________ Station
Period Cycle (Rs.) Scooter/ Car (Rs.)
Motor Cycle
(Rs.)
For up to 2 Hrs
For 2-6 Hrs
For 6-12 Hrs
For 12-24 Hrs
Beyond 24 Hrs/
Daily basis
Monthly Charges
Helmet Charges Rs. __/- for 24 Hrs.

Note: Parking Tariff are given separately.


6. AUTOMATION AND COMPUTERIZATION:
a. Computerized coupons are compulsorily to be issued to the
daily customers by the licensee of parking contract at NSG-
1 to NSG-3 category railway statio ns and the coupon
should have details of name/ identifica tion o f parking lot,
date and time of issue of coupons, the name of the
contractor, serial number on coupons with counterfoils and
amount charged for coupon/ monthly pass. Division shall
encourage the issue of computerized parking coupons at
other category stations. In rest of the stations parking
receipt should be invariably issued.
b. Similarly separate card based monthly coupons to monthly
pass holders should be issued by licensee with details
mentioned in above para.
c. Condition shall be printed on the coupon/card that vehicle
unclaimed at the end of currency of contract shall be handed
over by the licensee to Railway administration for action, No
claim shall be entertained after 48 hrs of taking over of the
vehicles by Railways and in those circumstances the vehicle
shall be transferred to LPG and shall be dealt as per
provision of commercial manual.

7. TAX LIABILITY:
a. The licensee shall be responsible for all the taxes (inclusive of
GST & TCS) to be paid to the state Govt./Local civic agencies
for the services rendered by him. There will be no tax
liability upon the Railways whatsoever on any account.
b. The Licensee shall be liable to pay GST as per applicable
rates & TCS @2% on license fees. Reserve price is exclusive
of GST & TCS. The GST on license fees shall be paid under
Reverse Charge Mechanism.
c. In case of operation by Railway administration in extreme
conditions, necessary tax liability of such operation should
be complied by Railway under the service tax liability
allocation.
d. Any other taxes or charges payable to the local bodies on any
account shall be paid by the licensee.

8. OTHER TERMS & CONDITIONS:

a. The Licensee should earmark at least two parking lots for vehicles
used by Disabled persons (Divyangjans) and put proper signage for
the same.
b. Tariff Boards indicating the allotted area and parking tariff rates,
name & helpline number of the contractor should be displayed
prominently at the entrance of the parking stand. Boards should be
put up in elevated position from the ground, Colour scheme should
be such that the background is of lighter colouring and the
lettering is of a brighter colouring. Letter size should be big
enough to be read from a distance of 50 ft. Approval shall be taken
from the Railway authority for the display board.
c. The Licensee/Licensees may lay, erect and retain upon the said
land structures of purely temporary character only subject to
such rules, regulations and bylaws, as may from time to time be
made by or on behalf of the Administration or by or on behalf of any
local authority in relating thereto and subject to the conditions
hereinafter mentioned and shall have to provide at his/their own
expenses all the facilities like stands, shelter, enclosures, and
other facilities on the said land and premises, and shall be
responsible for keep proper maintenance of fence boundary wall and
surface provided by Railway during the continuance of License
hereby granted.
d. The licensee shall ensure that the premises are not used for any
purpose other than that for which it is allowed under the
Agreement. The premises should not be used for playing games etc.
e. Licensee at his own discretion may demand sufficient proof of
identity of the user to allow the parking space. The probable proof
may be State/Central Government ID proof, Voter/Pan Card, Credit-
Debit Card with photo identity and journey ticket details.
f. The Licensee should issue identity cards to the vendors working at
the site & advise their details viz. names, address, etc., to the
concerned Station Manager. The contractor should update the
above information if there are any changes.
g. The Licensee should submit adequate documentary proof viz,
copy of agreement/ copy of electricity bill etc. in case of any
change of address.
h. The Licensee should submit a specimen of parking receipt to be issued
to the users, to this office for approval before commencing the
contract.
i. The licensee, if desired for additional electrical connection and
supply for parking stands from railway, should apply to the Electrical
Department for electrical connection along with an allotment letter
issued by the commercial branch by completing all formalities and
paying security deposit and electrical bills directly to them
separately.
j. Subletting of contract will not be permitted and on detection of
such subletting the contract will be forthwith terminated and Security
Deposit and License Fees paid will be forfeited.
k. While conducting Joint/Surprise inspection, the operator/
representative should call the licensee within one hour. It is the
operator's/representative's responsibility to call the contractor within
one hour of notice, failure of which inspection will be deemed to be
carried out in presence of the licensee or his representative. Any
objection of incorrect measurement will not be entertained on
any account.
l. Premium Parking: Feasibility of having Premium parking facility
may also be explored at NSG-1 to NSG-3 category stations. The
agency (contractor) for this service shall provide adequate basic
features like earmarked lanes for entry and exit, automated boom
barriers as provided at Toll plazas and the Railways to the extent
possible shall provide separate convenient access to the platform
other than through the existing circulating area.
m. Call Taxi/radio taxi: Wherever there is a potential for extending
parking facility for call taxi/ radio taxi etc., an adequate area for
parking up to 10 such taxis/ vehicles may be earmarked, which
should be independent of auto/ taxi parking. Contract for this facility
should be given through a separate auction. The parking rates for
call taxi/ Radio taxi may be decided according to market conditions
in consultation with Associate Finance and with the approval of
DRM/ADRM.
n. Parking for Passenger-carrying commercial vehicles
(PCCVs): For other passenger carrying commercial vehicles, viz.
Autos, Taxis (Cars), Tempos, Minibus, Bus etc. adequate and
separate space may be earmarked. Contracts may be given through
open E-auction, either independently, or as a part of normal Car
parking E-auction. The parking rates for these types of vehicles
may be worked out by Divisional office on the basis of prevailing
market conditions in consultation with Associate Finance and with
the approval of DRM/ADRM.

9. Cleanliness of premises:
a. The licensee/licensees shall always keep the plot of land in clean and
sanitary condition and shall remove all waste or unsalable
properties or whatever other materials or refuse there may be from
the said plot of land and vehicles stand and on his/their failing to
do so, the administration may impose suitable penalty.
b. The Licensee/Licensees shall appoint reliable and honest staff in
adequate number and only such as are able to control the traffic and
one of good moral character and shall furnish their names to the
administration. The staff of the Licensee shall wear uniform at their
own cost and also wear on duty ID card issued by Licensee.
c. The Licensee/Licensees shall pay not less than the fair wages to the
workers engaged by him/them, the fair wages being wages paid for a
similar works in the neighborhood and shall otherwise comply with
the provisions of the payment under ""Minimum wages Act 1936" or
any statutory modification or re-enactment thereof or rules framed
there under. To ensure compliance of the wages more than
prescribed Minimum wages, the licensee shall pay the wages to its
employees through electronic mode of payment and not in cash in
any case. The Licensee/Licensees shall keep a proper record of
such payments etc. and submit a certificate to the Administration
of his having done so only upon which Security Deposit may be
refunded. The records shall be open to inspection by the Railway
Administration or any person authorized by them.
d. Nothing herein contained shall be constructed to create a tenancy
or any claim or any right or interest or easement in favour of
licensee/licensees or in or over the said premises or to permit the
licensee/licensees to transfer or to sublet the benefit under this
license.
e. In all cases where the said plot of land is adjacent to railway lines
or sidings of the Administration over which trains are worked or
shunting operations are conducted, the licensee/licensees shall
appoint responsible person on the said plot to take all precautions
to prevent accidents to life and property and more especially to see
that all persons or vehicles are kept at a safe distance from the lines
of the Administration.
f. The Administration shall not be responsible for any loss or damage
of any sort which may happen to the property of the
licensee/licensees or to which the licensee/licensees may be put
from any cause whatsoever breach of any of the terms and
conditions herein contained by the party or parties so dying as
aforesaid during his/their life time or lifetimes or any right of
indemnity the Administration may have under and by virtue of the
provisions hereof. And provided also that this clause shall not be
deemed to prevent surviving licensee from enjoying the privileges of
the license in the same manner as he/they should have been
entitled to do if none of the licensee had died during the
continuance of this license.
g. Upon a notice of determination being given, the licensee shall put
down and remove the said land at their own expense on the
determination of this license all structures erected as or above and
restore to its former condition, the land forming the site thereof and
if default shall be made herein, the Administration may after the
expiry of the said period carry out so much of such pulling down,
removal and restoration as the licensee may fail to complete and
all expenses incurred herein as increased by the usual
supervision charges shall be paid by the licensee to the
Administration on demand being made thereof.
h. The Licensee shall at all times maintain good behaviour and shall
not allow the doing of any such act on the premises as might
cause injury or annoyance to others or as might tend to cause a
breach of peace.
i. In the event of death of the Licensee Individual/ Proprietor)
during the contract period, the legal heirs of the deceased namely
wife, son, daughter, widow dependent daughter-in-law may be
allowed to continue the unexpired portion of the contract purely at the
discretion and permission of the Railway Administration on production
of legal heirs certificate subject to fulfilling the terms and conditions
stipulated in the agreement.
j. The agreement shall at all times be open to revision and
amendment by the - Railway Administration after giving one
month notice in writing of such revision of amendment at the end
of which any revision or amendment shall take effect, unless the
contractor has objected thereto in writing within 15 days after the
receipt of the said notice.
k. Any money recoverable from the contractor either under this
contract or any other contract can be recovered from any money
refundable to the contractor under this contract or any other
contract.
l. The licensee shall pay all legal expenses, stamp duty,
registration and translation charges and all other costs, charges
and expenses incurred in connection with those present.
m. Any notice to be given to the licensee/ licensees under the
provision of these present shall be addressed to Licensee and will
be delivered at address mentioned while signing the agreement or
at changed address as may be informed by the licensee.
n. In case the parking area is taken back by Railway
administration for necessary redevelopment of the station area,
every effort will be made to provide an alternate area to licensees to
run this activity. If any area shorter than actually possessed or no
alternative arrangement is given to the licensee, it will not be
treated as breach of contract from the Railway side and no liability
on this score lies with Railway administration.
__________________________________________________________
Additional Special Conditions for Parking Contract

1. All deposits will be released, only after completion of the contract


and submission of No Claim Certificate (NCC) by the parking
contractor, with certifying/undertaking that “All dues on account of
License Fees, Late License Fees, GST, TCS etc. have been paid,
nothing is pending against such contract and also clear all dues on
account of such heads, if arises in future through audit or by other
means. Further, in future, I will not make any type of claim against
this parking contract, after releasing of security deposit.”
2. License fee for an additional area: In case additional area is given to
licensee(s) will be in the same proportion as the area, for example if
additional 25 mt2 area is given to licensee who has a running
parking on a 100 mt2 area, the additional license fee will be
increased by 25% (Twenty five percent). The same principal shall
be applied in cases where the area is reduced due to Railways’ need
for land. The license fee shall be varied proportionately accordance
with parking area and parking rates only. As far as possible,
allotment of additional area after awarding the contract should be
avoided.
3. Responsibility of the Bidder before offering the Bid:
a. Study of Local Conditions and Care in Submission of Bid: Before
submitting the bid, the Bidder will be deemed to have satisfied
himself by actual inspection of the site and locality under the
contract that all conditions liable to be encountered during the
execution of the contract are taken into account.
b. The bidder shall inspect the parking site, which will be given on
“As Is Where Is Basis” and may obtain necessary clarification, if
any, regarding the same of his full satisfaction before offering bid
for the same. The given parking site map just the outline of the
area and all present existing structure (whether permanent or
temporary or whether Shown in the map or not) are included in
the same. The bidder shall acquaint himself of all the local
conditions and the parking site conditions and must quote the
amount after considering the present condition of parking site.
After handing over the parking site, no request for the same will
be considered or entertained on behalf on any ground.
c. It is the responsibility of the bidder to check the parking site first
before offering his bid and must ensure that he can manage all
local conditions/circumstances & other hidden
conditions/circumstances of the geographical location of the
respective parking site and then offer his bid for that parking site
keeping in view all the facts. No application/request for remission
or surrender will be entertained on these grounds subsequently.
d. To prevent encroachment into additional area (Over & above the
allotted and earmarked parking area), Licensee shall be
responsible for well demarked, fenced and levelled the Parking
Site at own cost. Fencing shall be minimally done by mean of Tie
Guard well fixed by concreting in the surface or better and
levelling of surface should be in such a way that smooth
movement and levelled parking of Vehicles is ensured.
4. Shifting/ Relocation of parking: In the event of shifting/ relocation
of the site as required by Railway Administration, licensee should be
given alternate site. The parking site will be relocated / reduced
only after financial implication of this activity has been accepted by
DRM. However, the licensee will have the option to leave the
contract without and financial implication like forfeiture of Security
Deposit etc. in case new parking location is not in consonance with
its business interest. The license already paid for the remaining /
unexpired period (from the date on which the licensee surrenders
the parking space physically and on paper) shall be refunded. No
interest shall be payable on the same. No penalty shall be imposed
on him for this. Further, in case the licensee Delhi Division,
Northern Railway Page 2 of 3 exercised the option to leave the
contract (and not relocate/ shift), no claim shall be preferred by the
licensee in any court/ arbitration etc.
5. The parking area will be “No Smoking Zone” and proper indication
boards should be promptly displayed.
6. The licensee shall have to make a provision of small and temporary
Porta Cabin in parking area for working of their staff and provision
of Blue and Green colour dustbin clearly demarked for
biodegradable (Wet) and non-biodegradable (Dry) waste, at a
prominent place, for disposal of garbage.
7. The licensee shall not be allowed any compensation or claim for
closure/ in operation of parking site (or part of it) for up to 10 days
per year for security reasons/ Government Holidays, strike, curfew
etc. for example on Independence Day and Republic Day or for any
other administrative requirement by Railway/ Sate/ District/ Central
Government etc.
8. Encroachments: Encroachments, as reported by CMI/SS/ SM &
concerned SSE the licensee shall be liable for penalty up-to
maximum of three times of pro-rata license fee. The penalty shall
be levied from date of encroachment, as reported by SS/SM &
concerned SSE. The contract shall be terminated if the
encroachment is not cleared within 45 days time, w.e.f. Date of
encroachment, as mentioned above. Concerned SS & SSE must
report clearing of encroachment to Sr.DCM’s Office within 7 days
from the date of clearing.
9. Novation: As and when the station is redeveloped under the new
Station Redevelopment policy, the license will be novated to the
Station Developer for the remaining period of the contract on the
same terms and conditions.
10. The contractor should ensure that computerized coupons are issued
for parking for all NSG and SG category stations.
11. Copies of Agreement/records of parking contract should be available
with Station Manager and Parking contractor.
12. CCTV should be installed in parking stand at NSG 1-3 and SG- 1
stations with one month record back up.
13. The licensee should apply to the Electrical Department for electrical
connection along with an allotment letter issued by the commercial
branch by completing all formalities and paying security deposit and
electrical bills directly to them separately.

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