AGREEMENT BETWEEN SURAT MUNICIPAL CORPORATION AND P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore F O R

Transcription

1 AGREEMENT BETWEEN SURAT MUNICIPAL CORPORATION AND F O R Name of Work:- Door to Door garbage collection and its transportation by contractor's own closed body fabricated vehicles with tipping arrangement and labours in CENTRAL ZONE area of Surat city for the period of five Years (from work commencing date to 30th September 2016.) Sanctioning Authority: Standing Committee Approval vide Resolution No.764/2011; Dt.03/06/2011 Sanctioned Amount: Rs.3,46,89,600/-for 1st Year (at the rate of Rs.1,188/- per M.T.) and total estimated amount Rs.21,28,39, for five years. Work Order: PHD / SWM / WO / 41, Dt.16/6/11 Contractor's Sign. Dy. Medical Officer of Health Central Zone

2 The articles of agreement made this day of month of 2011 (Two Thousand Eleven) between Municipal Commissioner of Surat Municipal Corporation (herein after called SMC) being Corporation constituted under the Bombay Provincial corporation Act, (Which expression shall unless excluded by or repugnant to the context deemed to mean and include its successor or successors and assignees of the party) The First Part. AND P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore , (Which expression shall unless excluded by or repugnant to the context to include its successors of assigns of the party herein after called as Contractor) of the Second part. Where as, P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore engaged in the activities of Solid Waste Management, had decided to undertake all the activities in this project in the name of P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore Where as Surat Municipal Corporation being Corporation constituted under the Corporation Act has one obligatory duty such as collection, removal and disposal of refuse, rubbish and garbage abatement of nuisance and over all maintenance of good environment and cleanliness of the city in Surat. Where as Central Government of India under the Municipal Solid Waste (Handling & Management) rules 2000 for handling of Municipal Solid Waste through Door to Door collection. Where as the Surat Municipal Corporation is willing to provide better services to the citizens of Surat by collection of Municipal Solid Waste as per the standards and specifications for the collection of Solid Waste with in the frame work of rules framed under the Municipal Solid Waste rules 2000, i.e. Door to Door collection of municipal Solid Waste, and as per The Terms/conditions/ specifications/mention in Tender/Errata /Addenda and corrigendum Which is agreed upon by the Second party.

3 And Where as the Surat Municipal Corporation has accordingly issued the work order vide letter no PHD / SWM / WO / 41, Dt.16/6/11 to P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore for door to door refuse/ garbage collection and transportation with closed fabricated vehicles with tipping arrangement and labours as defined in MSW rules-2000(m&h) for Central Zone for the period up to 30 th September 2016 at the approved rate Rs.1,188/- per M.T. of Municipal Solid Waste collected for first year while satisfying all terms and condition and specification of the original tender Errata, Addenda and corrigendum duly singed there upon and accepted by the second party. The second party will get escalation of 5% every year on the rate of previous year up to 30 th September As per the Standing Committee Approval vide Resolution No.764/2011; Dt.03/06/2011 the rate is Rs.1,188/- per M.T. for first year and the rate of each year is as mentioned below. The contract amount is Rs.3,46,89,600/-for 1st Year (at the rate of Rs.1,188/- per M.T.) and total estimated amount Rs.21,28,39, for five years. Sr. No. Period of contct Unit rate (Rs. per M.T.) 1 1 st year nd year rd year th year th year NOW THIS AGREEMENT WITNESS THE AND IT IS HERE BY AGREED TO BY AND BETWEEN PARTIES HERE TO AS FOLLOWS. That Surat Municipal Corporation Shall provides transfer stations with weigh bridges for the transfer of refuse garbage collected through the Door to Door activity. The Surat Municipal Corporation shall provide assistance to P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore at the cost of P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore to promote the program of Door to Door collection of refuse and its segregation at source by residents of the Central Zone of the city. Surat Municipal Corporation shall also provide all assistance to P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore at the risk and responsibility of contractor to obtain all necessary and

4 statutory Government clearances and permissions from the pertinent authorities to operate their equipment in Surat city and for setting up their office and Servicing and parking facilities. Surat Municipal Corporation shall provide all the necessary assistance to P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore for the survey and the finalization of proposed routes for the Door to Door collection of refuse in Central Zone to arrive at numbers of vehicles required to be deployed of specification narrated vide tender document and relevant addendum, errata, corrigendum so as to commence the work. Surat Municipal Corporation reserves the right to increase the scope of work P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore shall has to carry out additional work of any quantum as desired to be carried out at the same rate terms and conditions if needed. During the tenure of this agreement Surat Municipal Corporation shall not allow any other contractor / agency to collect refuse generated from houses and other establishments within the boundary limits of the Central Zone shall carry out the said work satisfactory and shall submit detailed methodology for actual execution of contract and get it approved by concern department of SMC before start of work along with proposed manpower deployment schedule shall carry out the Said work in accordance with the MSW Rules (M&H) shall provide/depute minimum two worker along with driver for every vehicle deployed and VTS / GPS system shall be installed on each vehicle including spare vehicles by own his cost and shall be maintained by contractor at its own cost.

5 shall carry out the door to door collection and transportation of refuse from the Central Zone daily i.e. all 7 days a week including National Holidays, Festivals & Sundays during working hrs. Vehicle operation hours: In morning 7:00 a.m. to 2:00 p.m. for residential area and 5:00 pm to 9:00 pm in evening for commercials area or as required by SMC on daily basis Shall ensure that the waste materials collected are not dumped / emptied at any place other than the one specified by Surat Municipal Corporation Shall maintain First Aid Kit and other medicine as required to any emergency situation shall identify the Corporation and its employees against any penalties as PRINCIPAL EMPLOYER for any failure of the P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore to honour various state laws/enactment contract labour (R & A) act 1970 Minimum Wages Act/Bonus act/epf/mp Act relevant safety norms, etc shall ensure that no garbage shall spill over from the vehicle containers during the transportation shall provide well trained, disciplined, honest and sincere work force, and this shall be maintained throughout the contract period shall not claim any additional payments if work force or equipment needs to be increased to meet the requirements of the work at a later stage.

6 shall ensure that supervisors and labour are mentally stable, youthful, are able to communicate properly and shall not pose any hazard to the general public shall ensures that the supervisors shall be properly qualified, experienced, and competent and authorized to take decisions at site Shall provide a workforce, which is properly dressed in uniform and shoes all the time with an identity card with photo shall ensure and provide the driver on each vehicle with a valid professional driving license. This license should be in his possession always shall be responsible for any accident and damage to equipment, property and to injuries to manpower during the course of work and Surat Municipal Corporation shall be free from any liability of any nature shall ensures timely payments to the workforce and shall meet all the contractual commitments in terms of payments, insurance and safety of their workforce in details as mentioned in the tender document shall make all the financial arrangements for the commissioning of the said work shall have a computerized system of operation for keeping updated records.

7 shall comply and agree with all the clauses of penalties in the tender specifications and the subsequent addenda and corrigendum issued Undertakes to implement the segregation of waste as per the MSW (management & handling) rules shall paint their vehicles and equipment once a year as required in the tender specifications shall provide prior information in writing to Surat Municipal Corporation with details regarding their vehicles and equipment as mention in original tender document and corrigendum. AND WHEREAS Work Order has been sent to the Contractor vide. Work Order No.: PHD / SWM / WO / 41, Dt.16/6/11 and the contractor furnished Security Deposit of Rs.7,00,000/- by vide F.D.R. AM/2010 No , 24/6/2011, Bank of Maharashtra, Athwalines Surat for execution of this work contract for the first year shall have to pay security deposit at the rate of 2% of contract amount. On renewal of contract after every year, contractor shall have to pay deficit amount of security deposit at the rate of 2% of contract amount for that year shall comply with all the clauses as in the tender specifications and the subsequent addenda and corrigendum issued and the proposed methodology submitted along with its offer and presented during presentation. NOW IT IS AGREED AS FOLLOWS :

8 (i) (ii) That the Contractor agrees to carry out the work as per conditions of contract, specifications, terms & conditions, rates and other condition mentioned as Standing Committee Approval vide Resolution No.764/2011; Dt.03/06/2011 in favour of P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore That the following shall constitute the part of the contract agreement. (a) Tender Notice No.PHD / DCHH / 37 / (b) Qualification bid, Technical bid and Price bid (c) Errata, Addenda and Corrigendum 1 (d) Consent of Contractor dated:- 01/06/2011 (e) Standing Committee Approval vide Resolution No.764/2011; Dt.03/06/2011 and the tender documents of the same work. (f) Work Order No.: PHD / SWM / WO / 41, Dt.16/6/11 This agreement is subject to the jurisdiction of the competent court of Surat only shall strictly restrict inter changing of deployment vehicles from Central Zone to another or any other place. In special circumstances / occasions if needed the same shall be done with prior approval of Municipal Corporation. IN WITNESS WHEREOF the common seal of the Surat Municipal Corporation has been hereinto affixed in the presence of Two Members of Standing Committee and the COMMISSIONER of Surat Municipal Corporation has hereinto set his hands and sealed and signature of P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore of the first part has been herein to affixed this...day of... month of... year 2011 (Two thousand eleven) Signed, sealed and delivered by the said Contractor: - Sign & seal of Contractor I am responsible if the Contractor does not abide by the condition of this contract. Signed and sealed by the Surety: - SURETY Signed in the presence.

9 (Name with full Address) Signed in the presence. Dy. MOH I/C Dy. Commissioner (H&H) Commissioner Central Zone Surat Municipal Corporation Surat Municipal Corporation The common seal of the Municipal Corporation of Surat was affixed on the day of month of 2011 in presence of (1) and (2) members of the Standing Committee of the Municipal Corporation of Surat city MEMBERS, STANDING COMMITTEE, SURAT MUNICIPAL CORPORATION.

10 SURETY The bond is made the...day of the month of (Two Thousand Eleven) between Sunil Mohanlala Naik, C-19, Shantiniketan Raw House, Aanand Mahal Road, SuratHereinafter called surety on the first part and Commissioner of Surat Municipal Corporation, Surat on second part. WHEREAS the Contractor/Contractors P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore has entered into a contract with the Surat Municipal Corporation for the works detailed below: Name of Work Tender Amount Sanctioning Authority & Door to Door garbage collection and its transportation by contractor's own closed body fabricated vehicles with tipping arrangement and labours in CENTRAL ZONE area of Surat city for the period of five Years (from work commencing date to 30th September 2016.) Rs. Ps. Rs.3,46,89,600/-for 1st Year (at the rate of Rs.1,188/- per M.T.) and total estimated amount Rs.21,28,39, for five years. Date Standing Committee Approval vide Resolution No.764/2011; Dt.03/06/2011 Contractor's Sign. Dy. Medical Officer of Health Central Zone

11 AND WHERE AS one of the conditions of the contract being that for the due fulfillment of the contract to the expenditure of the work. Now THIS BOND WITNESS AND it is been agreed and declared as follows. I/We surety/ sureties by bind my self/ourselves responsible for the due fulfilment of the contract in all its respect by the (P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore ) and I/We do hereby agree and undertake to indemnity and keep harmless. The Surat Municipal Corporation jointly as well as severely if the P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore fails /fail to carry out the whole or any part of the contract work as per conditions and specifications of the work and agreed to between parties of the contract to the extend of the expenditure to be incurred in that behalf by Municipal Corporation provided always that the expression the surety/ sureties here in before used shall include the heiress, executors assignees or Administrators or each and every person in the this contract. Signed & sealed by Surety Signed in the presence. Dy. MOH I/C Dy. Commissioner (H&H) Commissioner Central Zone Surat Municipal Corporation Surat Municipal Corporation The common seal of the Municipal Corporation of Surat was affixed on the day of month of 2011 in presence of (1) and (2) members of the Standing Committee of the Municipal Corporation of Surat city MEMBERS, STANDING COMMITTEE, SURAT MUNICIPAL CORPORATION

12 UNDERTAKING Name of Work:- Door to Door garbage collection and its transportation by contractor's own closed body fabricated vehicles with tipping arrangement and labours in CENTRAL ZONE area of Surat city for the period of five Years (from work commencing date to 30th September 2016.) Sanctioning Authority: Standing Committee Approval vide Resolution No.764/2011; Dt.03/06/2011 Sanctioned Amount: Rs.3,46,89,600/-for 1st Year (at the rate of Rs.1,188/- per M.T.) and total estimated amount Rs.21,28,39, for five years. Work Order No.: PHD / SWM / WO / 41, Dt.16/6/11 Name of Agency:- P Gopinatha Reddy - 6, Behind Sandhya Talkies, Old Madiwala road, Bangalore Contractor's Sign. Dy. Medical Officer of Health Central Zone

13 Articles of Agreement made on this day of the month of 2011 between the Municipal Commissioner of Surat Municipal Corporation Surat, Gujarat (which expression include his successors and assignees of one part) and hereinafter called the "Contractor" (which expression shall include their administrator and assignees of the other part). WHEREAS the Contractor above name had given offer for the above work and the contract agreement for which has been executed on Rs.100/- Stamp paper as a rejoinder to original agreement for executing the above work, it is hereby agreed by the Contractor that the value of stamp affixed on the original document is as per inquiry made by the Contractor. It is further agreed by the Contractor that if the value of the stamp affixed on original contract fails short on the requirement on the date of signing the contract, it shall be made good by the Contractor at his cost as per Government Rules prevailing on the date of singing the agreement and any damage arising due to the original agreement made on stamp paper of Rs.100/- shall be on account to the Contractor. Sign & seal of Contractor.