INDEX GYM AT MOHALI GOLF RANGE
INDEX GYM AT MOHALI GOLF RANGE Sr.No. i. INSTRUCTION TO BIDDERS/TENDERERS Page No. 2-4 ii. ELIGIBILITY CRITERIA 5 iii. TERMS & CONDITIONS 6-12 iv. GYM - SCOPE OF WORK AND SPECIFIC CONDITIONS 13-15 16 vii. FORWARDING LETTER (ANNEXURE-I) PROFILE & EXPERIENCE OF THE BIDDER (ANNEXURE-II) AGREEMENT ( ANNEXURE-III) viii. COMMERCIAL BID 23 v. vi. DESCRIPTION 17-18 19-22 Page 1 of 23 DETAILED TENDER NOTICE FOR RUNNING OF GYM AT MOHALI GOLF RANGE SECTOR-65, SAS NAGAR PART-A I. INSTRUCTIONS TO BIDDERS/TENDERERS In these Terms & Conditions unless the context otherwise required i) ii) iii) iv) 1. “Authority” means Mohali Golf Range, SAS Nagar. “Bidder” means a person, a firm, or a company to whom the space is allotted to run the Gym. “Award Letter” means the allotment letter containing detailed terms and conditions of allotment of the space. “Agreement” means an agreement containing the terms and conditions on which the space has been allotted. GENERAL MOHALI GOLF RANGE (exclusive for its members) situated in Sector – 65, SAS Nagar in order to generate and augment income for running the activities for realisation of its objectives and to promote and provide recreational and Sports facilities to its members. 2 SITE PARTICULARS Bidders are advised to inspect and examine the site and the probable business turnover and satisfy themselves before submitting their tenders/bids. Following are the specification of areas where Gym facilities would be provided by the bidder. Sr. No 1 Description GYM Area 1380 Sq. Ft For site visit and any clarification/ information, the intending tenders may contact undersigned for any assistance. 3 SUBMISSION OF TENDER The tenders shall be submitted in the following manner and shall contain details / documents as listed below: a) One sealed envelope super scribed “Technical Bid (Part-A) - Tender for GYM at MOHALI GOLF RANGE” shall contain the following: i. Forwarding letter (as per proforma given in Annexure-I) on the letter head of the bidder. ii. Demand Draft towards the EMD in the name of Mohali Golf Range, payable at Mohali. iii. Demand Draft towards the Cost of Tender Document in the name of Mohali Golf Range, payable at Mohali in case of Document downloaded from website. iv. Profile of the bidder (as per proforma given in Annexure-II) duly filled. v. A complete set of tender document (Part A -Technical Bid) as issued, duly filled and signed by the bidder. vi. Other related documents mentioned in Technical Bid (Part-A). b) One sealed envelope super scribed “Commercial Bid (Part-B) - Tender for GYM at Mohali Golf Range ” shall contain the following: i. A complete set of the tender document (Part B – Commercial Bid) as issued, duly filled and signed by the bidder. c) Both the envelopes (technical bid as well as commercial bid) shall be submitted by the bidder in a single sealed envelope super scribing “Tender for GYM at Room No. 333 PUDA Bhawan, Sector 62 SAS Nagar”. d) The full name and postal address of the bidder shall be written on the bottom left hand corner of the sealed covers. Page 2 of 23 e) Bidder/authorized signatory shall sign on each page of the tender. f) If the space in the proforma (Annexure-II) is insufficient for furnishing full details, such information may be supplemented on the separate sheets of paper, stating therein the part of the proforma and serial number. Separate sheets shall be used for each part. g) Conditional bids and the bids not meeting the qualifying criteria on the date of receipt of the bids shall be summarily rejected. h) If the date of opening of tenders happens to be a public holiday, then the tenders will be opened on next working day at the same time and place. i) Minimum rent /per month 10% of all gross sales of designated areas (i.e. sale before adding TAX/VAT etc.) will be the reserved price for the bid and the higest bidder who will be eligible will be allotted the work. In case number of bids of equal value is received, allocation will be by draw. j) Housekeeping staff would be contracted by Mohali Golf Range from a professional housekeeping company for upkeep of range. Expenses of the housekeeping would be shared between the bidder and Mohali Golf Range. The sharing would be on 50:50 basis. k) Mohali Golf Range reserves the absolute right to reject any or all the bids at any time solely based on the past unsatisfactory performance of the bidder(s). The opinion/ decision of authority regarding the same shall be final and conclusive. l) The technical bids of all the parties shall be opened on the due date as mentioned above, in the presence of bidders those choose to be present and price bids of technically qualified parties shall only be opened at later date. The qualified parties shall be informed in advance about the opening of their price bid. m) In the first stage of evaluation process, only Technical Bid (Part-A) of the bids will be opened on 15th April 2015 at 3.00 pm at Room No. 226, PUDA Bhawan, Sector 62, SAS Nagar. The Technical Bids will be evaluated for credentials, experience, capability based on documents submitted in technical bid, physical inspection of their establishment, physical inspection of their clients’ site, obtain feedback on their past performance from their clients. Those bidders satisfying the technical requirements as determined by MOHALI GOLF RANGE and accepting the terms and conditions of these documents shall be short-listed. The decision in this regard will be at the sole discretion of MOHALI GOLF RANGE. n) Prebid meeting regarding clarification/objections if any, will be held on 10th April 2015 in the office of Addl. Chief Administrator, Room No. 226, PUDA Bhawan, Sector-62, SAS Nagar at 3.00 PM. o) Under the second stage of evaluation process, only the Commercial Bid (Part-B) of only those bidders, who have been short-listed earlier in first stage will opened. The bidders who have been short-listed will be intimated regarding date and time of the opening of the commercial bid. p) Before submitting the bid, the intending bidder shall visit the site and familiarize himself /herself thoroughly with the site conditions, scope of work, terms and conditions of the tender. Non–familiarity with the site conditions will not be considered a reason for not carrying out the work in strict conformity with specifications. q) Corrections, if any, in the quotation must be duly authenticated with full signature. In case of any difference between the figures and the wordings, the wordings will be taken as the correct one. r) Tenders received after the prescribed time and date will not be considered. s) No deviations / conditions will be stipulated by the bidder in both technical and commercial bids. Conditional tenders will not be accepted and will be summarily rejected. Page 3 of 23 t) Tender would remain valid for 120 days from the date of opening of Technical Bid (Part-A) of the tender or till the date of finalization of tender, whichever is earlier. u) Falsification/suppression of information shall lead to disqualification of the bidder / cancellation of contract even after award of work during the contract period. In case of Falsification, Mohali Golf Range reserves the right to forfeit the Bank Guarantee furnished by the bidder. v) Bidder shall ensure submission of complete information / documents at the first instance itself. MOHALI GOLF RANGE reserves the right to complete the evaluation based on the details furnished by the bidders without seeking any subsequent additional information. Bids not in compliance with tender conditions or with incomplete information / documents are liable for rejection. w) MOHALI GOLF RANGE reserves the right to reject any or all of the bids received without assigning any reason thereof. x) For any clarifications please contact on 987224884. Page 4 of 23 ELIGIBILITY CRITERIA a) Interested parties should have minimum three years experience for running GYM in Govt. or Private sector office/Clubs. b) Minimum annual turnover of bidder must be Rs. 50 lakhs in atleast one year during last three financial year (i.e. 2011-12, 2012-13 & 2013-14) supported by documentary proof/audited or CA certified statement of accounts. c) Names and addresses of such clients along with details regarding nature, amount and period of the contracts should be furnished along with Technical Bid (Part-A). Certificates from the clients regarding the quality and duration of service rendered during the last three years shall also be furnished in the prescribed format given in Annexure-II. d) Track record of bidder should be clean and should not have any involvement in illegal activities or financial frauds. There should not be any case with the Police/Court/Regulatory authorities against the bidder. e) Bidder must not have been prosecuted or suffered any penalty for violation of any statutory laws by any Authority. f) Bidder must not have been suspended / delisted / blacklisted by any organization on any grounds. g) The bidder should not have rescinded/abandoned any contract awarded by any of his clients before the expiry of prescribed period of contract. The bidder shall give details of all disputes he/she had with his/her clients and furnish the status of arbitration, if any. h) If the performance of the bidder is / has been found to be unsatisfactory for any reasons, whatsoever, in any organization including Mohali Golf Range then Mohali Golf Range reserves the right to reject the bids submitted by such bidders. i) Bidder should have applicable registrations with statutory authorities such as Regional Labour Commissioner (Central), ESI, PF, PAN, TIN, VAT, CST, Service Tax, etc.The copies of certificates of registration should be enclosed. j) The bidders shall submit documentary evidence in support of the above eligibility criteria. k) Bidder should deposit Rs. 50,000/- by means of a Demand Draft from scheduled bank drawn in favour of “Mohali Golf Range” payable at Mohali as Earnest Money Deposit (EMD). Tenders without the EMD prescribed will not be considered. l) Complete tender document is also available on GMADA/PUDA website, address given below: http://gmada.gov.in or http://puda.gov.in The documents downloadable by the parties from the website shall be valid for participation in the tender process. Those making use of the tender document downloaded from the website shall have to pay the processing fee ( Non refundable) of Rs. 1000/- for the document, in the form of a demand draft in favour of “Mohali Golf Range” payable at Mohali, in separate envelope along with the tender. Tenders received without the Processing fee (Non refundable) of Rs. 1000/- towards bid document shall be considered as invalid. m) Work orders and performance certificates issued by the clients are to be attached in the Technical Bid. n) No Joint Ventures or Consortiums are allowed to participate in the Tenders. Page 5 of 23 TERMS AND CONDITIONS 1. The tenure of the Contract will be for 7 years. Initially, the contract will be awarded for 3 years only and if services are found satisfactory, the contract will be continued on yearly basis for a total period of 7 years. After 7 years, if services are found satisfactory it can be extended upto 3 years more on yearly basis. 2. Every transaction must be entered into the software which should be arranged by the bidder itself. Bidder will depute a personnel who will collect cash & generate receipts showing date and time of issue, and amount paid, shall be tendered to the members for services at designated places. To ensure its effective implementation, Mohali Golf range will depute its official for overall supervision. 3. MOHALI GOLF RANGE will have option to terminate the contract if the bidder commits the breach of any of the conditions confined in this contract and fails to render the services to the satisfaction of MOHALI GOLF RANGE after giving notice of three months expressing its intention to terminate the contract. 4. Bidder shall deposit Rs.50,000/- (Rupees fifty thousand only) by means of a Demand Draft from scheduled bank drawn in favour of “Mohali Golf Range” payable at Mohali as Earnest Money Deposit (EMD). 5. EMD of the unsuccessful bidder will be returned after finalization of the tender. The EMD of successful bidder shall be refunded on expiry/termination of the contract. 6. The offer of contract issued to the successful bidder would need to be accepted within 7 days from the date of issue of the offer. Failure to accept the offer within this period will result in forfeiture of the EMD. 7. The successful bidder will be required to deposit a bank guarantee of Rs. 150000/- (for a initial period of 3 years) within 7 days from the date of acceptance of offer. The contract order shall automatically become null & void and EMD will stand forfeited on the contracting firm failing to deposit the performance bank guarantee. However, MOHALI GOLF RANGE reserves the right to revive the contract order, if circumstances warrant. The EMD deposit shall not bear any interest. 8. On submission of bank guarantee, the contracting firm will be required to enter into an Agreement/Contract (ANNEXURE-III) on stamp paper of appropriate value in the form to be approved by MOHALI GOLF RANGE containing inter-alia all the terms and conditions of the contract. 9. If the successful bidder fails, in course of the contract period, to comply with the terms and conditions of the Agreement/contract, the EMD deposit may be forfeited in full or in part as decided by the General Secretary, Mohali Golf Range. 9. The bidder shall provide GYM services as specified in “Scope of work and specific conditions for GYM”. 10. The GYM services shall be provided on all days (including all holidays except holidays declared for Golf Range) between 6.00 AM to 10.00 PM Moday-Friday and 8 AM to 8 PM Saturday- Sunday during the contract period (Members means who are registered under General Category, Service Member Category, Student category & Corporate Category only). If the bidder fails to operate the gym on any day, a penalty of Rs. 1000.00 (Rs. One Thousand only) shall be imposed per day and recovery will be made from the Performance Guarantee/EMD amount without any notice. 11. The bidder shall provide adequate number of competent and well-trained trainers for GYM. 12. Minimum number of staff including expert Head Trainer, Training Instructors etc. shall be maintained at any point of time sufficient to manage the activities of the Mohali Golf Page 6 of 23 Range at all times. The bidder should have full control of such employees and shall give necessary guidance and direction to carry out the jobs assigned to them by the bidder. The gym staffs are to be identified separately and not allotted sundry duties elsewhere in the premises. 15. There will be an escalation between 5-7 % in gym membership fees annual to account for inflation. Escalation percentage will be decided by Mohali Golf Range only. 16. No advance shall be paid. 17. Applicable taxes (if any) will be deducted at source at the time of settlement of bills. 18. In case of any labour problems related to the workmen staff of the Bidder, the same will be settled at the bidder's end only. 19. The bidder should maintain the registers for his employees viz., Muster Roll, Register of Wages, Register of Fines, Register of Deductions for Damage or Loss, Register of Overtime, Wage Slips etc. as required by Labour Laws. 20. It will be the bidder’s responsibility to ensure that the obligations under the terms of this contract are duly performed and observed. 21. Residential accommodation shall not be provided by MOHALI GOLF RANGE to the workmen of the bidder. 22. The bidder or his staff shall not use the premises, properties, fixtures, fittings, etc., of MOHALI GOLF RANGE for any purpose other than those exclusively provided in the contract. It shall be open to officials of MOHALI GOLF RANGE to inspect the gym. 23. The bidder shall be responsible for taking adequate care of designated place. He should bring to the notice of MOHALI GOLF RANGE, the repairs and maintenance work that are required to be undertaken from time to time. If any repairs inside the designated area are to be made on account of mishandling/negligence of the workmen, except normal wear and tear, the said items will be repaired/replaced by the bidder at his/her own cost. 24. The bidder or his authorized representative has to attend review meeting with authorized representative of Mohali Golf Range every month or as and when required, for discussion, evaluation of performance of the contract, and compliance to statutory issues, etc. 25. In the event, any damage is caused to the movable or immovable property of the MOHALI GOLF RANGE or its client, the MOHALI GOLF RANGE reserves the right to compute the damage in terms of money and to recover the money from the bidder or from the amount deposited with Mohali Golf Range. 26. The bidder agrees not to use the Logo/Trademark and or trade name of MOHALI GOLF RANGE or letterhead of MOHALI GOLF RANGE nor will the bidder hold himself as an agent of MOHALI GOLF RANGE. 27. The bidder shall not use the MOHALI GOLF RANGE’s address on his letterhead/stationery for purposes of Registration with any Government/Local Body or any other organization or person and no tenancy shall be created by the presence of his workmen/employee on MOHALI GOLF RANGE’s premises. 29. To ensure effective implementation of this contract, the General Secretary or an authorized official of MOHALI GOLF RANGE shall issue instructions, either orally or in writing to the bidder and such instructions shall be deemed to be a part and parcel of this contract and shall be binding on the bidder. In all matters relating to or incidental to this contract, if there arises any doubt or dispute or disagreement the decision of the President MOHALI GOLF RANGE shall be final and binding on the bidder. Page 7 of 23 30. On surrendering the space by the Bidder, they shall pay all the dues on any account for the period ending with the date of handing over the possession to the Mohali Golf Range. The Performance Guarantee/EMD shall be refunded to the Bidder after adjusting the amount, if any due from the Bidder. 31. The Bidder will be entitled to carry out the authorized trade for which the space has been allotted to him, on the days and during the hours determined by Mohali Golf Range. Bidder shall not be entitled or permitted to use the space for residential purpose. 32. The Mohali Golf Range shall not be liable to pay any compensation or damages to the Bidder on account of breakdown of electricity, telephone and any other service beyond the control of the Mohali Golf Range. 33. The Bidder will be liable to pay all such fees, taxes etc. in respect of the space as the Government may levy from time to time under any law and Mohali Golf Range shall not be responsible for any default of the same at any point of time. 34. No assurance would be given by Mohali Golf Range for the minimum amount of business. 35. The membership prices to be charged for gym served by the bidder will be displayed prominently. Bidder will get rates approved for membership before displaying the same in designated areas from the President or his authorised representative of Mohali Golf Range. 36. In the event of strike, or natural calamity or any other situation beyond the control of the management of Mohali Golf Range, consequent to which gym could not run, Mohali Golf Range shall not be responsible or liable for any loss/ compensation to the Bidder. 37. The Mohali Golf Range shall not be responsible for any loss of stocks and any other moveable property of the Bidder on account of theft, fire and natural calamities and due to other reasons beyond the control of the Mohali Golf Range. The Bidder shall therefore, at his discretion get this risk covered through Insurance. 38. The Bidder will not store any empty packing cases or baskets or any goods or any other material on any projection or the building or on the open space in front of the same. Bidder will not make any addition or alteration on any part of the space. 39. The Bidder will at all times keep and maintain the said space in a proper state of cleanliness to the satisfaction of the officials of Mohali Golf Range. 40. The Bidder shall manage, operate and conduct the authorized trade in the space so as to preserve the reputation of the Golf range and its units and to abide by the rules and regulations framed by the Mohali Golf Range or Govt. of Punjab from time to time and in particular not to use or permit the said space to be used for any form of unlawful activities. 41. The Bidder shall not make any alterations or additions to the said space or remove there from any of the Mohali Golf Range fixtures or fittings therein. 42. The bidder shall have to take prior permission for any alteration, the original color of the outside space or the facade and front elevation nor effect sub screens, curtains or blinds on the exterior nor paste any bills advertisements, posters, notices, cuttings etc. on the glasses nor permit the same to be made, affixed or altered or erected in any circumstances. In order to maintain uniformity in putting the signage on the front elevation of the space the official authorized of Mohali Golf Range shall approve size, design, color etc. where the space is located. 43. The Bidder shall not employ for work or otherwise allow any person at the said space who is not of good character and behavior and / or suffering from any contagious infectious disease or if not suitably attired or otherwise unsuitable to be seen in a property wherein the said space is located. The Bidder shall furnish his photograph and that of his employee(s) along with their addresses and other relevant details. 44. The personnel’s employed by the Bidder will be employees of the Bidder and the Mohali Golf Range shall have nothing to do with their employment. Mohali Golf Range will not be responsible for any injury to the personnel’s engaged by the Bidder. Mohali Golf Page 8 of 23 Range shall have the rights to ask for the removal of any person of the Bidder who is not considered to be competent and orderly in the discharge of his duties. 45. The Bidder shall not do or permit to do by any act, which may invalidated or in any way affect the insurance of the building or property wherein the said space is located. 46. In the event of any damage or injury being caused to property of the Mohali Golf Range by the Bidder or his servants or agents or any one upon the said space with the acceptance or implied consent of the Bidder shall at its own expense make good all such damage or injury and in the event of his failure to do so within seven days after occurrence of the such damage, the MOHALI GOLF RANGE may make good such injury/ damages and the Bidder shall indemnify the MOHALI GOLF RANGE against all such costs and charges and expenses in respect thereof. 47. The Bidder shall charge the prices for the membership based on the price list approved and agreed between President, Mohali Golf Range and bidder. 48. The Bidder shall not sublet, assign or part with possession of the said space or any part thereof. 49. Without prejudice to the generality of the foregoing conditions, the MOHALI GOLF RANGE or any officer authorized in writing by him in this behalf shall have free access to the demarcated area for undertaking the repairs of the premises. 50. The MOHALI GOLF RANGE shall have full rights, power and authority at all times to do through his officers or servants all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms and conditions herein contained and to recover from the Bidder of the cost of doing any such act or thing. 51. The MOHALI GOLF RANGE may through his officers and servants, at all reasonable times and in a reasonable manner enter in an upon any part of the said premises for the purpose of ascertaining that the Bidder is duly observing the conditions of the Contract, ordinarily, 24 hours notice will be deemed to be a reasonable notice. 52. The Bidder will not install and operate any public address system or any other media in the space allotted to him, which may cause disturbance in area wherein the space is located. Bidder may install a music system for use in gym. Bidder must ensure that it does not disturb the outside nieghbouring areas. 53. In the event of any question, dispute, or difference arising out of this Contract or in any manner touching this Contract and the solution of which is not expressly provided in the Contract agreement, the same shall be referred to and settled by arbitrator authorized by General Secretary, Mohali Golf Range. The award of the arbitrator shall be final and binding on the parties to the contract. 54. The successful bidder shall comply with all prevailing labour laws/ Municipal laws & statutory requirement of other Central/ State Government organizations. In case of nonadherence of the any laws/ regulations of the statutory bodies, the Bidder will be fully responsible for the consequences arising out of non adherence. MOHALI GOLF RANGE in no way will be responsible for the same. 55. The Bidder shall take all precaution and safety measures for safety and security of its personnel and MOHALI GOLF RANGE will not in any way be responsible for any disability/ injury i.e. permanent or temporary disablement caused to any staff during discharge of their duties. 56. The Bidder shall remain liable to and shall indemnify MOHALI GOLF RANGE in respect of causes of action, claims, damages, compensation or cost, charges and expenses incurred by MOHALI GOLF RANGE arising out of accident or injury, sustained by any workman or other person whether in the employment of MOHALI GOLF RANGE or not while in the premises arising out of any act of omission or commission, default or negligence, error in judgment on the part of the Bidder or its staff. Page 9 of 23 57. The Bidder will abide by all Acts- Laws and other statutory regulations applicable or may become applicable from time to time in the state of Punjab with regard to the contract and discharge of the contract. Bidder shall be liable for compliance of all Acts and Mohali Golf Range shall have no liability in this regard whatsoever. 58. No Structural change is allowed. However, if the Bidder wants to carry out any interior work without affecting the structure, same can be done at his own cost after seeking prior permission of MOHALI GOLF RANGE and getting the interior plan approved by MOHALI GOLF RANGE. 59. The space allotted should be used only for the purpose for which allotment has been made. 60. Signboard/ Hoardings etc. will be displayed by the Bidder only at the prescribed location identified by the MOHALI GOLF RANGE. 61. Bidder's Employees i) The employees engaged by the bidder shall be of trained and experienced people having good health, character, well behaved; obedient and skilful in their tasks. They should be conversant with Punjabi, Hindi & English. ii) The bidder shall furnish list of his/her employees to be deployed along with qualifications, experience, address, photos, etc. iii) The Bidder shall ensure that they observe cleanliness and are properly dressed in clean uniform with identity cards during their hours of service. iv) The Bidder should take all precautionary measures to ensure the safety of the workmen employed by the bidder and MOHALI GOLF RANGE shall not be responsible in case of any eventuality. v) The bidder shall take prior permission from the authorized official before deploying the employee at MOHALI GOLF RANGE. However, MOHALI GOLF RANGE reserves the right to reject any particular workmen/staff placed/employed by Bidder under the contract with MOHALI GOLF RANGE without assigning any reason. vi) The Bidder shall furnish a detailed duty chart of the employees employed by him at the beginning of every month and keep informed MOHALI GOLF RANGE of any changes made in them from time to time. The duty chart for the month should give the specific names of the employees and respective duties they are required to attend to. Also, Bidder should submit the list of employees with the changes effected if any on first day of every month. vii) The Bidder shall remove any employee who in the opinion of MOHALI GOLF RANGE is guilty of misconduct, or is in any manner unfit or unsuitable for service. The Bidder shall at all times indemnify MOHALI GOLF RANGE against all claims which may be made under the Workmen's Compensation Act, or rules there under or under any law or rules of compensation payable in consequence of any accident or injury sustained by any person in its employment for the purpose of this agreement. The Bidder shall be solely responsible for the remuneration and other dues of its employees as also for omissions / commissions done by them viii) The workmen/employees engaged by the Bidder shall not have any right/claim over the facilities enjoyed by MOHALI GOLF RANGE staff etc. ix) The bidder shall ensure proper medical check-up of the personnel. However on later stage if MOHALI GOLF RANGE found any personnel medically not fit for the job, it shall be the responsibility of the bidder to remove that employee and arrange for an appropriate substitute. x) It is clearly understood that the bidder’s employees shall not have any employeeemployer or master-servant relationship with MOHALI GOLF RANGE. Page 10 of 23 xi) The Bidder shall ensure that none of his personnel on duty is in inebriated state or consume drugs, prohibited substances, smoke, etc., while on duty at MOHALI GOLF RANGE premises. xii) In case of theft of any material/cash takes place from the Members on account of the negligence on the part of the employees employed by the Bidder·, the Bidder would be liable for such lapse and the amount, if any, would be recovered from the Bidder while settling the bill. 62. AWARD LETTER / PERFORMANCE GUARANTEE / SIGNING OF AGREEMENT After approval, Award Letter would be issued to successful bidder. Within seven days of issue of award letter, the successful bidder would have to deposit: (i) Rs.1,50,000 (initially for a period of 3 years) as Performance Bank Guarantee in the shape of Demand Draft of any scheduled Bank in favour of Mohali Golf Range. If contract continues for a total period of 7 years or more, Bidder must renew Performance Bank Gurantee within two days after expiry of initial period. (ii) Sign the contract agreement (annexure-III). Failing which the earnest money of Rs. 50000.00 deposited by him with the tender would be forfeited and the award will be annulled. Mohali Golf Range would be free to award the contract to the next evaluated Tenderer or recall the tenders. 63. Failure to Exercise MOHALI GOLF RANGE's rights Any omission on the part of MOHALI GOLF RANGE at any time to exercise any of its rights under the terms of the GYM shall in no way impair or affect the validity of the terms and the rights of MOHALI GOLF RANGE to enforce its rights at any time subsequently. 64. Tenancy Rights Nothing herein contained shall be construed to create any tenancy in Bidder's favour of the Mohali Golf range premises and MOHALI GOLF RANGE may of its mere motion effect the termination of this GYM arrangement, re-enter and retake and absolutely retain possession of the designated places. 65. Licences and Registrations (i) The Bidder should obtain the requisite license under Contract Labour Act (Regulation and Abolition Act) and amended from time to time issued by the concerned Labour Department for running the establishment. MOHALI GOLF RANGE shall not be responsible in any way for any breach by the Bidder of the rules and regulations governing the running of such establishments by the Bidder. (ii) The Bidder shall register with the Registrar of concerned State Body and shall abide by State Labour/Government of India (ministry of Labour) rules and regulations and all other Statutory Acts/Regulations and rules relevant to this contract including Works Contract Act, Minimum Wages Act and amended from time to time, Payment of Wages Act 1936 and amended from time to time Provident Fund Act, ESI Act, etc. and such other Statutory Enactment, Rules and Regulations laid by the Government and local body in force, coming into force which may apply to this agreement. The Bidder shall indemnify the principal employer (MOHALI GOLF RANGE) against risks and damages arising out of the default on the part of Bidder due to negligence or non-compliance of any of the aforesaid rules, regulations etc. laid down by the Government and other statutory authorities from time to time. (iii) The Bidder shall comply with all requirements of law with regard to the provision of labour and ensure that an appropriate licence from concerned labour department is obtained. It shall be the responsibility of the Bidder for furnishing necessary statutory information / documents in proof of the above whenever called for by MOHALI GOLF RANGE. Page 11 of 23 In case of any labour problems related to the workmen staff of the Bidder, the same will be settled at the Bidder's end only. 66. Disputes Resolution All disputes, differences or suggestions, of any kind whatsoever arising out of or in connection with the contract agreement, shall be referred to and settled by the Governing Body of Mohali Golf Range or any other Office Bearer of MOHALI GOLF RANGE who is authorized by the Governing Body of Mohali Golf Range as a sole arbitrator. The decision of the sole arbitrator shall be final and binding on both the parties to the Agreement. The venue of Arbitration shall be SAS Nagar. Jurisdiction: Agreement shall be subject to the exclusive jurisdiction of Mohali Courts. I/We have read the above terms and conditions and are acceptable to me/us. Signature of the authorized person: …………………………………………….. Name of the signatory (………………………………..............……………) (in block capital letters) : Status of the signatory i.e. proprietor/partner : ……………………………… Date: …………… MOHALI GOLF RANGE, SAS Nagar Page 12 of 23 Mohali Golf Range- Scope of Work & conditions 1. Scope of Work During the contract period, the bidder shall be responsible for the following: 1. Complete GYM services to Mohali Golf Range as per the rates approved by the General Secretary, Mohali Golf Range on all days (on all holidays except holidays declared for Mohali Golf Range). 2. For the above purpose the Bidder will be permitted to use and occupy only as under: Sr. No GYM 1 Description Area GYM 1380 Sq. Ft Following minimum staff shall be deputed by bidder : 1. Minimum three coaches in the begining (One Head coach responsible for entire GYM Program having minimum of 3 years of experience in running GYM will be preferred & two Instructors having minimum of 2 years of experience in running GYM will be preferred. 2. Following minimum branded equipments (Life Fitness, Technogym or Precor) should be arranged by the bidder. Sr. No. 1 Description Treadmill 2 3 CARDIO 4. Qty 3 Elliptical Trainer 2 Upright bike 2 Recumbent bike 2 6. Multi station Exercise : leg extension, leg press, calf extension, lat pull down, mid row, pec dec, rear delt, vertical press, multi press & AB Crunch Back extension 7. 8. 9. Cable Column/ Functional Trainer Inner& Outer Thigh Biceps Curl & Tricep Extension 5. Strength Equipments 1 1 1 1 1 Note: All the above equipments must be of latest Technology. If at any stage need is felt to deploy any kind of Equipments for designated services, same would be arranged by the bidder on his own expenses. 2. Electrical Lights and Fans It shall be responsibility of the bidder to arrange various types of equipments like lights, fans etc. These electrical fittings and equipments should be fitted in a proper manner and should be cleaned regularly by the bidder. Fitting or renovation should be done in consultation with Mohali Golf Range Technical Staff only. Air conditions facility will be arranged by Mohali Golf Range, But the repair and maintenance will be carried out by Bidder only. 3. Furniture and Fixtures Only designated space will be provided by Mohali Golf Range. Furniture, fixtures and equipment bought by the bidder at his own cost. Any fixture or furniture made available by MOHALI GOLF RANGE in the designated area shall remain to be the exclusive property of Mohali Golf Range and shall on termination/expiry of this contract be handed over by the bidder to MOHALI GOLF RANGE in the same order and condition in which they are at the beginning of the contract, except reasonable wear and tear. Repair and maintenance will be carried out by bidder only. Page 13 of 23 4. Damage to other articles in the premises The Bidder shall be responsible for any damage to the designated places under the Bidder's occupation and to the fittings, fixtures, furniture, equipment entrusted to the bidder when such damage is in the opinion of Mohali Golf Range, caused due to negligence or carelessness or any fault on Bidder's part or that of its Manager or Workmen or Agent and the Bidder shall be liable to pay to Mohali Golf Range such amount in respect of such damage as may be assessed by Mohali Golf Range officials. 5. GYM Equipments etc. i) The Bidder shall arrange Gym equipments ( Cardio & Strength) at its own that are necessary and required for providing GYM services in Mohali Golf Range. The Bidder shall at all times keep and maintain all the articles in a working condition. If Mohali Golf Range provide any item to bidder than Bidder shall maintain inventory of the stock of items given to him. An inventory statement giving clearly the break-up of the stock, if any, should be submitted to Mohali Golf Range Authorized Person by 10th of every month, which shall be checked by the authorized official of Mohali Golf Range. The cost of any items, missing shall be recovered from the Bidder in full. 6. Electricity The charges for electricity consumed for lights, fans, Air conditioning and other electrical appliances in the designated area will be borne by Bidder only. Separate electricity meter will be installed by Mohali Golf Range. Genset in the range will be got installed by Mohali Golf Range & a separate electricity meter for Genset will be got installed for Gymnasium by Mohali Golf Range. 7. Maintenance The Bidder shall keep the 'Designated place' as well as the adjoining space around the designated places in a clean and tidy condition and use branded detergent to clean and mop the designated places. The Bidder shall not permit the designated areas or any portion thereof to be used for residential purposes by any of its employees. It shall be open to any official of Mohali Golf Range authorized in this behalf to inspect the designated places or any portion thereof at any time. 8. Personal Supervision It will be the Bidder's responsibility to ensure that the obligations under the terms of this agreement are duly performed and observed and a competent and qualified person shall be appointed as Manager whose name should be informed to Mohali Golf Range and who shall remain in person on the campus to manage and supervise the GYM services properly. The Manager should be conversant with Punjabi, Hindi & English. 9. Standard of GYM Standard of GYM (i) The quality of equipments of gym should be of good standard. Mohali Golf Range officials will have authority to inspect such equipments and will have full powers to order discontinuance of use of such equipments, which are found to be of unsatisfactory standard or obsolete models. (ii) The standard of cleanliness of GYM shall be of very high order. (iii)The Bidder should ensure that the entire GYM premises are kept clean. A thorough master cleaning ought to take place every weekend for all equipments, fixtures by removing the grime, grease, stains, oil etc. wiped well by clean cloth and dried. 10. Complaints and improvements The Bidder shall carry out such improvements as may be necessary for ensuring satisfactory service and shall take due notice of complaints made by members or officials of Mohali Golf Range. Page 14 of 23 11. Service Timings The timings for serving the Members and their guests shall be as under: Between 6.00 AM to 10.00 PM on Moday-Friday Between 8.00 AM to 8 PM on Saturday - Sunday The above timings could be generally observed. However, there could be exceptional circumstances warranting service before or beyond the above timing to which the Bidder should provide. 12. Miscellaneous i. Outsider with identity card issued to them by the bidder should be permitted to avail the facilities of GYM. It is the responsiblity of the bidder to provide details of non members to Mohali Golf Range in advance. If any outsider without identity card is found inside the designated areas availing above mentioned facilites, considering it a breach of contract, the contract will be terminated. ii. Accommodation shall not be provided by Mohali Golf Range to the staff of the Bidder. Bidder shall ensure that his/her personnel presence, however, shall not cause any disturbance to normal functioning of Mohali Golf Range. iii. The Bidder shall co-operate with the other Bidders working in the campus. iv. The disposal of garbage will have to be done by the bidder only on a daily basis by dumping the same in the main garbage bin earmarked by Municipal Corporation for the purpose. Disposal/transportation of waste/garbage from main garbage bin to municipal garbage bin located anywhere outside Mohali Golf Range area by the bidder only on daily basis . v. The authorized representatives of Mohali Golf Range shall check the quality of the items supplied and served. vi. For rendering efficient services to the Members at the time, the Bidder shall always keep and make available sufficient number of staff, which shall also include Head Trainer, Instructors, Helpers etc. vii. Persons working in the Mohali Golf Range shall be provided with proper uniform by the bidder. Page 15 of 23 Annexure – I VIII. Forwarding Letter (To be submitted on bidder’s letterhead) No.: Date: To Addl. Chief Administrator, Mohali Golf Range Room No. 226, PUDA Bhawan Sector 62, SAS Nagar Dear Sir, Sub: Tender for Outsourcing of GYM at Mohali Golf Range 1. This has reference to your tender notice for Outsourcing of GYM at Mohali Golf Range. We have examined the tender document and thoroughly understood its nature/scope of work and terms & conditions. 2. I/we undertake to offer my/our services in conformity with scope/nature of work and the terms and conditions set out in the tender document. I/We confirm that the tender submitted by me/us is confirming to all the terms and conditions mentioned in the tender document. 3. I/We are enclosing application along with required documents in the prescribed proforma as mentioned in tender document. 4. I/We are enclosing following Demand Draft for Rs.50,000/- in favour of “Mohali Golf Range” payable at Mohali towards EMD. 5. I/We agree that our tender remain valid for acceptance by Mohali Golf Range for a period of 120 days from the date of opening of Part-A of the tender or till the date of finalisation of tender, whichever is earlier. 6. I / We, do hereby declare that there is no case with the Police/Court/Regulatory authorities against me/us. Also I/We have not been suspended / delisted / blacklisted by any organization for any reason. I/We also certify that either our firm or any of the partners are not involved in any scam or disciplinary proceedings settled or pending adjudication. 7. I/We certify that all the information furnished by me/us is true to the best of my/our Knowlege. I have no objection to Mohali Golf Range verifying any or all the information furnished in this document with the concerned authorities, if necessary. 8. I/We understand that Mohali Golf Range reserves the right to accept or reject any or all the tenders in full or in part without assigning any reason there of. Yours faithfully, (Signature and Name of the authorized person of the firm/bidder with office seal) Name: ________________________________ Page 16 of 23 Annexure – II IX. Profile of the bidder (Part-I) – Basic Information Sr.No 1 To be filled by bidder Description 3 Name of the bidder / firm / organization / company Type of firm/organization (Proprietorship/ Partnership/ Private Ltd etc. (Furnish copies of partnership / memorandum of articles of association etc.) Name of the proprietor / partners / directors of the firm 4 Year of Incorporation / registration 5 Registered address of the firm Name, designation, telephone nos., email of the contact person / authorized signatory 2 6 7 Whether the firm has been in business of GYM for at least 3 years (Yes / No) 8(i) Annual turnover of the firm for last 3 years (in Rs. lakh) (Furnish copies of audited balance sheets and profit & loss account statements or certified copies of CA) 2013-2014 8(ii) 2012-2013 8(iii) 2011-2012 8 9 Details of Registration (Firm, Company etc) 10(i) Registering Authority 10(ii) Date 10(iii) 12(i) Number Registration Nos. under various Statutory Acts viz. VAT, Service Tax, PF, ESIC, Labour License (copy of registration certificate to be enclosed) VAT 12(ii) Service Tax 12(iii) PF 12(iv) ESIC 12(v) Labour License 12(vi) 12(vii) Professional Tax PAN (Copies of income-tax returns for last 3years to be enclosed) Whether registered / empanelled with any of the Govt., Semi Govt., MES, Govt. Undertaking, Public Sectors etc. as approved vendors and if so, furnish details. Whether involved in any litigation earlier with any organization? If so, please submit the details. 11 13 14 15 Any civil suits pending in any of the works executed? If so, furnish details 16 Any other information which the bidder feels relevant. (Signature and Name of the authorized person of the firm/bidder with office seal) Name: Page 17 of 23 Profile of the bidder (Part-II) – Experience A) List of similar works being executed presently by the Bidder Note: Copies of the work orders and performance certificate should be enclosed Sr. No Name & Address of the organization for whom the work was executed Along with contact persons and their telephone nos. Nature / Type of the work Total Active Members Value of the work executed (Rs) Duration of the Contract with commencement and expected date of completion (Signature and Name of the authorized person of the firm/bidder with office seal) Name:_________________ Page 18 of 23 Annexure-III AGREEMENT FOR GYM SERVICES This Agreement is made on ____________ between MOHALI GOLF RANGE, Sector65, SAS Nagar, Mohali ( which expression shall include its heirs, executors, administrators and assignees) through Chief Administrator, GMADA as General Secretary of The Governing Body of MOHALI GOLF RANGE. And M/s........................................ (Hereinafter also referred to as “bidder”, which expression shall include their heir’s executors, administrators and assignees) through it’s duly authorized General Manager ......................., SCO No......... , ..................., .................. Whereas the GYM facilities have been started by MOHALI GOLF RANGE ( exclusively for its members) in order to generate and augment income for running the activities for realisation of its objectives and to promote and provide recreational and Sports facilities to its members. The Contract will be for 7 years i.e from ________ to ________. Initially, the contract will be awarded for 3 years only and if services are found satisfactory, the contract will be continued on yearly basis for a total period of 7 years. After 7 years, if services are found satisfactory it can be extended upto 3 years more on yearly basis. Either party may terminate this Agreement at its option at any time by serving a written notice of three months on the other party. Failure to serve such notice shall entitle the aggrieved party to a compensation of Rs. 1500.00 each day by which the notice period falls short of the stipulated period of three months. Under this agreement, the bidder is authorized to run GYM at designated place but under no circumstances shall conduct or allow of standing/ solemnizing any political or religious activity, political speeches and parties etc.. M/s ........................... (bidder)., under this Agreement, are authorized to cater the following: SECTION: 1 –RIGHTS & DUTIES OF THE BIDDER 1. M/s ...........................(bidder)., will be responsible for providing GYM facilities to MOHALI GOLF RANGE, on our premises and on the rates approved by the President, MOHALI GOLF RANGE. The rates will be decided and reviewed by the authorized officials of MOHALI GOLF RANGE from time to time. 2. For the fixtures provided by Mohali Golf Range , the Bidder shall be responsible to look after all the property and equipment entrusted to it or under its control. The Bidder will ensure the upkeep and maintenance of all the equipments, as per their accepted life span, and in case of any damage during the accepted life span, Bidder will get it replaced/repaired. 3. The Bidder shall arrange GYM equipments (Cardio & Strength) at its own that are necessary and required for providing GYM services in Mohali Golf Range. 4. The Bidder will be responsible for providing expert manpower to run the GYM in the professional manner matching the highest standards of the Industry. 5. The Bidder will pay ______ % of all gross sales of designated areas (i.e. sale before adding TAX/VAT /Service tax and other taxes as applicable etc.) as rent per month. Page 19 of 23 7. Electricity Bill for the designating premises, as per actual consumption would be paid by the Bidder, for which a separate meter would be installed by MOHALI GOLF RANGE. The cost of all electricity meters and installation would be borne by MOHALI GOLF RANGE. Further, MOHALI GOLF RANGE is bound and obliged to arrange and provide at its own cost, additional electricity load to the Bidder to the extent and as and when required. 8. The Bidder shall be responsible for upkeep, cleaning and housekeeping services at his own expenses. 9. The Bidder at all times will keep the MOHALI GOLF RANGE indemnified against all costs, damages, losses, claims etc. which the MOHALI GOLF RANGE may have to suffer, undergo or pay as a result of any unauthorized, negligent, unlawful or otherwise wrong action of the Bidder. The Bidder shall observe and implement the laws of the land and rules framed there under, and the MOHALI GOLF RANGE shall in no event be liable and responsible for any default that may arise out of nonobservance of such laws/rules on the part of the Bidder. 10. All the staff and manpower including but not limited to Head Trainer, Instructors, Helpers etc. for providing services under this Agreement & RFP will be arranged and made available by the Bidder at its own cost and a complete and updated list of all employees will be promptly and regularly supplied to the MOHALI GOLF RANGE. If MOHALI GOLF RANGE feels at any time that the available manpower is inadequate, more hands will be provided promptly by the Bidder in consultation with the MOHALI GOLF RANGE. The Bidder will ensure that all the employees are in proper uniform and shall also display I-cards while on duty. All employees would behave in a polite and courteous manner when interacting with one and all. The Bidder alone shall be responsible for the conduct and behaviour and discipline to be maintained at the workplace and its environment/ premises/ precincts thereof in respect of the workmen engaged or hired by him. In case of any misconduct on the part of workmen of the Bidder which may or may not involve financial loss or burden on the MOHALI GOLF RANGE, the Bidder shall take suitable action against such defaulting workmen but the MOHALI GOLF RANGE shall not be responsible and or liable for any type of disputes arising out of such disciplinary action against such defaulting workmen. 11. All the manpower working at the premises of the MOHALI GOLF RANGE under the Bidder will be treated as own employees of Bidder and MOHALI GOLF RANGE will in no way have any obligation, like payment of wages, other benefits, uniforms, in respect of them. The Bidder will ensure that its employees are covered by it with regard to EPF/ESI as also for proper insurance for personal accident/ death while performing the duties at the MOHALI GOLF RANGE. The proof of EPF/ESI payments will be submitted to MOHALI GOLF RANGE for each month on proper format approved by Mohali Golf Range. The Bidder will comply with all the statutory obligations under the labour laws. Personnel provided for working/ managing the services within scope of work should be in good health and free from any infectious diseases. A medical certificate from a clinic/ hospital as prescribed by MOHALI GOLF RANGE for each employee working in the said premises would have to be submitted at the time of the employee joining duty in the premises. The medical examination will have to be conducted periodically as specified by MOHALI GOLF RANGE, by the Service Provider at his own cost. 12. The Bidder may not assign/ transfer this Agreement. Similarly, the Bidder will not sublet or subcontract any of the jobs to other parties. 13. The Bidder will be bound to adopt the procedures for Accounting and Billing of the transactions, as mutually decided. The MOHALI GOLF RANGE will have the right to provide new or change/alter any of the existing procedures at any time. Page 20 of 23 SECTION: 2 – MOHALI GOLF RANGE RIGHTS & DUTIES 1. MOHALI GOLF RANGE will periodically review the condition of the equipment arranged by the Bidder and if replacement is deemed necessary, this shall be carried out by the Bidder without delay and at its own cost, failing which MOHALI GOLF RANGE will rectify the same at the cost of the Bidder. 2. The MOHALI GOLF RANGE would assist the Bidder to perform its duties as per the mandate of the Conduct and will provide the reasonable assistance for the same. 3. Following minimum branded equipments (Life Fitness, Technogym or Precor) should be arranged by the bidder. Sr. No. 1 Description Treadmill 2 3 CARDIO 4. 5. 6. 7. 8. 9. Strength Equipments Qty 3 Elliptical Trainer 2 Upright bike 2 Recumbent bike 2 Multi station Exercise : leg extension, leg press, calf extension, lat pull down, mid row, pec dec, rear delt, vertical press, multi press & AB Crunch Back extension Cable Column/ Functional Trainer Inner& Outer Thigh Biceps Curl & Tricep Extension 1 1 1 1 1 Note: All the above equipments must be of latest Technology. If at any stage need is felt to deploy any kind of Equipments for designated services, same would be arranged by the bidder on his own expenses. SECTION: 3 1. Interpretation: For any interpretation of any word or clause or meaning, the Honorary President of the Governing Body of Mohali Golf Range would be the final authority and his interpretation would be final & binding on both the parties. 2. FORCE MAJEURE: Neither party shall be deemed to be in default of its contractual obligations whilst the performance thereof is prevented by the force majeure and the time limits laid down in this agreement for the performance of such obligation shall be extended accordingly. Upon the occurrence of any such contingency, the party suffering from the same, shall give notice within one day to the other party in writing. Similarly, cessation of force majeure condition shall be given in writing by affected party to the other party. Force majeure shall include acts of God, acts of war, strike, lockouts, civil commotion etc. 3. ARBITRATION: All disputes, differences or suggestions, of any kind whatsoever arising out of or in connection with the contract agreement, shall be referred to and settled by the Governing Body of Mohali Golf Range or any other Office Bearer of MOHALI GOLF RANGE who is authorized by the Governing Body of Mohali Golf Range as a sole arbitrator. The decision of the sole arbitrator shall be final and binding on both the parties to the Agreement. The venue of Arbitration shall be SAS Nagar. Jurisdiction: Agreement shall be subject to the exclusive jurisdiction of Mohali Courts. Page 21 of 23 4. All the terms & conditions mentioned in the RFP shall also be treated as terms and conditions of the present agreement and shall be binding on both the parties. 5. Breach of any clause shall be treated as breach of this Contract and MOHALI GOLF RANGE will be at liberty to terminate this Agreement immediately without any liability of compensation or any other liability. Witness 1. __________ Party1._____________ Witness 2. __________ Party2. ____________ Page 22 of 23 PART – B - COMMERCIAL BID PRICE BID FOR OUTSOURCING OF GYM I have carefully read and understood the terms and conditions given in the RFP for outsourcing of GYM at Mohali Golf Range, which i accept without exception. I will share revenue on below mentioned rates: Sr.No. Description Reserve price 1. 10 % of all gross sales of designated areas (i.e. sale before adding TAX/VAT /Service tax and other taxes as applicable etc.) GYM Bid Price to be Bid Price to be quoted by bidder quoted by in figure (in bidder in words %age) Note:- In case of any difference between the figures and the wordings, the wordings will be taken as the correct one. Signature of the Authorized person_______________ Name of the Bidder ___________________________ Full Address_________________________________ __________________________________ _________________________________ Contact No: _________________________________ Page 23 of 23
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