Bulk Waste Agreement

7/28/2019 Bulk Waste Agreement

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DRAFT AGREEMENT


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This AGREEMENTentered into on this the ____ day of month, Two Thousand and

Twelve atMangalorefor a period of 9 months towards package number ____

BETWEEN

Mangalore City Corporation acting through THE COMMISSIONER, Mangalore City

Corporation, Lalbagh, Mangalore (hereinafter referred to as ULB which expression

shall unless excluded by or repugnant to the context, be deemed to include its

successors and permitted assigns); OF THE ONE PART

AND

[Insert name and registered office address1 of the selected bidder], the successful

bidder of package.. (Hereinafter referred to as the Service Provider whichexpression shall unless excluded by or repugnant to the context, be deemed to

include its successors and permitted assigns), OF THE OTHER PART

WHEREAS:

A. Management of Municipal Solid Waste (MSW) is an obligatory function of ULB,

under the Karnataka Municipalities Act, 1964 and the ULB is presently

carrying out these functions.

B. The ULB invited competitive proposals from eligible bidders to carry out the

following activities in accordance with the Municipal Solid Waste (Management

and Handling) Rules, 2000 (hereinafter referred to as the Project):

i. Collection of Hotels, Restaurants, Choultaries, Convention Halls, Canteens,

Fastfood, Juice Centres and other establishments within Mangalore City

Corporation limits and transportation to the compost facility and / or landfill

or the place as mentioned by the MCC Officials.

ii.

Workers and vehicles for each packages should be deployed as mentioned inthe RFP document

C. In response, the ULB received proposals from several bidders and after

evaluation thereof, accepted the proposal submitted by the Service Provider.

D. In pursuance thereto, the ULB hereby grants and authorises the Service

Provider to carry out the aforesaid activities in accordance with the terms

and conditions of this Agreement.

1Office address in case of Individual


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NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

ARTICLE 1

DEFINITIONS AND INTERPRETATION

1.1 DefinitionsIn this Agreement, the following words and expressions shall, unless repugnant to

the context or meaning thereof, have the meaning hereinafter respectively ascribedto them hereunder:

Agreement means this Agreement, and includes any amendments hereto made in

accordance with the provisions hereof.

Applicable Law means all laws including Municipal Solid Waste (Management &

Handling) Rules, 2000, Minimum Wages Act 1948, Workmens Compensation Act

1923, Contract Labor (Regulation & Abolition) Act, 1970, Child Labor (Prohibition and

Regulation) Act, 1986 in force and effect as of the date hereof and which may be

promulgated or brought into force and effect hereinafter in India including

judgments, decrees, injunctions, writs or orders of any court of record, as may be in

force and effect during the subsistence of this Agreement and applicable to the

Project/the Service Provider.

Applicable Permits means all clearances, permits, authorizations, consents and

approvals required to be obtained or maintained by the Service Provider under

Applicable Law, in connection with the Project during the subsistence of this

Agreement.

Compliance Certificate means the certificate to be obtained by the Service

Provider in the format set out in Schedule 5 hereof.

Contract Value shall mean the Service Fee payable by Mangalore city corporation,

Mangalore to the Service Provider during the Agreement Period.

Force Majeure or Force Majeure Event means an act, event, condition or

occurrence as specified in Article 5.


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Management Plan means the plan for the implementation of the Project, duly

signed by the ULB in token of its approval.

Material Adverse Effect means a material adverse effect on (a) the ability of

the Service Provider to exercise any of its rights or perform/discharge any of its

duties/obligations under and in accordance with the provisions of this Agreement

and/or (b) the legality, validity, binding nature or enforceability of this Agreement.

Partiesmeans the parties to this Agreement and Party means either of them, as

the context may admit or require.

Termination means early termination of this Agreement pursuant to TerminationNotice or otherwise in accordance with the provisions of this Agreement but shall

not, unless the context otherwise requires, include expiry of the Agreement by

efflux of time at the end of four months from the date of this Agreement.

Termination Date means the date specified in the Termination Notice as the date

on which Termination occurs.

Termination Notice means the notice of Termination by either Party to the other

Party, in accordance with the applicable provisions of this Agreement.

1.2 InterpretationIn this Agreement, unless the context otherwise requires,

a. any reference to a statutory provision shall include such provision as is fromtime to time modified or re-enacted or consolidated so far as such

modification or re-enactment or consolidation applies to, or is capable of

being applied to any transactions entered into hereunder;

b. references to Applicable Law shall include the laws, acts, ordinances, rules,regulations, notifications, guidelines or bylaws which have the force of law;

c. the words importing singular shall include plural and vice versa, and wordsdenoting natural persons shall include partnerships, firms, companies,

corporations, joint ventures, trusts, associations, organizations or other

entities (whether or not having a separate legal entity);

d. the headings are for convenience of reference only and shall not be used in,and shall not affect, the construction or interpretation of this Agreement;


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e. the words "include" and "including" are to be construed without limitation;f. any reference to day, month or year shall mean a reference to a calendar

day, calendar month or calendar year respectively;

g. the Schedules to this Agreement form an integral part of this Agreement asthough they were expressly set out in the body of this Agreement;

h. any reference at any time to any agreement, deed, instrument, license ordocument of any description shall be construed as reference to that

agreement, deed, instrument, license or other document as amended, varied,

supplemented, modified or suspended at the time of such reference;

i. references to recitals, Articles, sub-articles, clauses, or Schedules in thisAgreement shall, except where the context otherwise requires, be deemed

to be references to recitals, Articles, sub-articles, clauses and Schedules of

or to this Agreement;

j. any agreement, consent, approval, authorization, notice, communication,information or report required under or pursuant to this Agreement from or

by any Party shall be valid and effectual only if it is in writing under the

hands of duly authorized representative of such Party in this behalf and not

otherwise;

k.

any reference to any period commencing from a specified day or date andtill or until a specified day or date shall include both such days or dates;

1.3 The bidders/Corporation at any point of time during the contract period

feels like quitting the contract should give letter of notice mentioning his

intention to come out of contract 1 month prior to quitting. For Corporation

the acceptance of Commissioner for the same is required and for bidders

the letter of notice from Commissioner would be binding and any

acceptance/rejection from bidders not required bringing the same to force.

ARTICLE 2OBLIGATIONS OF THE SERVICE PROVIDER

In addition to and not in derogation or substitution of any of its other obligations

under this Agreement, the Service Provider shall have the following obligations:

2.1 Performance Security


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The Service Provider shall, for due and punctual performance of its obligations

relating to the Project, deliver to ULB, simultaneously with the execution of this

Agreement, a bank guarantee from a scheduled bank acceptable to ULB, in the formas set forth in Schedule 1, ("Performance Security) for a sum amounting to 5% of

the total contract value or 10% of the contract value for the unbalanced

tenders/bids contract value means the amount bid by the contractor for the entire

contract period accounting to Rs.___________ (Rupees ) .

a. The Performance Security shall be kept valid for the contract period and

three months thereafter.

2.2 Municipal Solid Waste Management and Street Sweeping

2.2.1 The Service Provider shall carry out the following activities in terms of the

Management Plan and as set out in Schedule 2 hereto:

a. Within 10 days of the date of signing of the Agreement or extended date byULB if any, obtain license under the provisions of Contract Labour

(Regulation & Abolition) Act, 1970, for works to be carried out in accordance

with this Agreement. Upon issue of such license by the Department of

Labour, the Service Provider shall submit a copy thereof to the ULB. ULB

shall then issue the Letter of Commencement of work.

b. The contractor has to provide the workers and vehicles as mentioned in theRFP document.

c. Transport the MSW to the designated locations;d. Collect MSW from the bulk generators of MSW and transport the same to

designated secondary containers / locations;

e. At its cost and expense, purchase and maintain insurance policies in respectof its employees and equipment and vehicles, from time to time and promptly

pay insurance premiums in respect of the policies, which shall be kept in

force and valid throughout the period of this Agreement and furnish copies

thereof to the ULB;

f. Be responsible for the operations and maintenance of the equipment andvehicles as per conditions set out in Schedule 3 of this Agreement;

g. ensure that:i. The employees of the Service Provider do not collect payment from the

waste generators for the service provided; the service-provider or his

representative (After getting approval from ULB) should only collect the

user-fee charges.


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ii. There is no spillage of MSW during collection and transportation and thewaste collected from different waste generators is not mixed.

iii. The collected MSW is not burnt or disposed off at any other locationsiv. The employees of the Service Provider maintain good relations with the

generators of MSW.

v. Adequate measures are adopted to meet health and safety standards ofits employees by providing safety gear as set out in Schedule 4.

h. Ensure that the segregation of MSW into organic and inorganic waste at thecollection point.

i. Report to ULB non-compliance by generators of MSW of the following:i. Not handing over MSW to the employees of Service Providerii. Not practicing segregation of MSW at sourceiii. Throwing MSW on streets, footpaths etc.

j. Obtain Compliance Certificate from the designated ULB officials / residentson a monthly basis in respect of its obligations to collect and transport MSW

in accordance with this Agreement as per the format set out in Schedule 5.

k. Make the payments to its employees by way of cheque only unless theemployee has worked for a period less than eight (8) days.

l. The contractor should strictly follow the rules, regulations and instructionsas depicted in this RFP document (ULB and service provider).

m. If the contractor works satisfactorily during the tenure of his contractperiod, then the Commissioner will have the right if he considers so, to

extend the contract period for another 4 months or so than that what is

actually mentioned in this agreement. In such case all terms and conditions

and bid value will remain the same and this agreement will be held valid for

the same with additional agreement about the extension of contract

appended to it.

n. Incase of any emergency sanitary works not coming under the purview ofcontractors scope of work clearance of construction debris generated from

demolition of illegal constructions from MCC etc., as decided by Health

Officer/Environmental Engineer. In such cases no separate tender would be

required to be called for to perform the same and the agreement copy of

this tender would be held valid. In such cases the payment to the contractor

would be made on the S.R rates and wherever SRs are not there then the

payment would be made based on the Standard rates as approved by health


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officer. The contractor should abide by this or else it would be considered

as the non-compliance of contract terms and conditions.

2.1.2 The Service Provider shall at his cost and expense provide the equipment and

vehicles for carrying out the activities set out in Clause 2.1.1 hereinabove.

2.3 General Obligations

The Service Provider shall:

a. Procure all the Applicable Permits at its own cost and expense and be incompliance thereof at all times during the period of this Agreement.

b. Comply with Applicable Laws at all times during the period of thisAgreement;

c. ensure that all aspects of the Project shall conform to the laws pertaining toenvironment, health and safety aspects including Municipal Solid Waste

(Management & Handling) Rules 2000, policies and guidelines related thereto;

d. shall at its cost and expenses obtain all necessary insurance cover of itsemployees including accidents, personal injury, damages to third party in case

of accidental death/bodily injury, loss or damage to property and so on;

e. ensure that the vehicles provided by him and used for carrying out thevarious activities in MSW management and street sweeping are registered

with the transport authorities concerned, Karnataka State Pollution Control

Board and ensure that requisite insurances, taxes are promptly paid /

arrange to be paid.

f. not sub-contract any part or whole of its obligations.ARTICLE 3

THE ULBs OBLIGATIONS

3.1 In addition to and not in derogation or substitution of any of its other

obligations under this Agreement, the ULB shall have the following

obligations:


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a. In case of non-compliance by the generators of MSW, ensure that they

comply with MSW management practice as notified by ULB from time to time

including:

i. Practice MSW segregation into organic and inorganic components.ii. Do not throw MSW on streets, footpaths and other public area or burn the

same.

b. In case of change in any law the ULB shall reimburse to the Service Providersuch additional sums of money, if any, the Service Provider may have to incur

as a result of change in law.

3.2 General Obligations

ULB shall:

a. where appropriate, provide necessary assistance to the Service Provider insecuring Applicable Permits;

b. Register with the local office of the Labour Department and obtaincertificate of registration;

c. Observe and comply with all its obligations set forth in this Agreement.d. Resolve disputes, if any, between the Service Provider and the generators of

MSW.

ARTICLE 4

PAYMENT TERMS

4.1 Payment of service fee

a. Subject to the provisions of this Agreement and in consideration of theService Provider undertaking to perform and discharge its obligations in

accordance with the terms, conditions and covenants set forth in thisAgreement, the ULB agrees and undertakes to pay to the Service Provider a

fee of Rs. _______ (Rupees _______________________ only/-) per

month (Service Fee).

b. The Service Provider shall be required to submit bills and ComplianceCertificate by 4th day of every month. ULB upon verification of the same

shall release payments to the Service Provider after taking into account any

deductions / fine / penalties imposed by the ULB within 7 days In case of


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dispute, the undisputed amount will be paid and the disputed amount will be

verified and if found in order shall be paid along with the bills for the

following month..

c. All payments to the Service Provider shall be made by way of account payeecheque drawn in favour of the Service Provider, and payable at Mangalore.

ARTICLE 5

FORCE MAJEURE

5.1 Force Majeure Event

Any of the following events resulting Material Adverse Effect shall constitute Force

Majeure Event:

(a) earthquake, flood, inundation, landslide,

(b) fire caused by reasons not attributable to the Service Provider or any of the

employees of the Service Provider for purposes of the Project;

(c) acts of terrorism, war, invasion, rebellion, riots, military action or civil war;

If the Parties are rendered unable to perform any of their obligations under

this Agreement because of a Force Majeure Event, save and except as

expressly provided in the Agreement, neither Party hereto shall be liable in

any manner whatsoever to the other Party arising out of occurrence or

existence of any Force Majeure Event.

ARTICLE 6

EVENTS OF DEFAULT AND TERMINATION

6.1 Events of Default

Event of Default means either Service Provider Event of Default or ULB Event of

Default or both as the context may admit or require.


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a. Service Provider Event of Default

Any of the following events shall constitute an event of default by the ServiceProvider (Service Provider Event of Default) except where performance has been

prevented by a Force Majeure Event.

i. The Service Provider has stopped collection of MSW from the Bulk

generators of MSW for any day as per the Management Plan,

ii. The Service Provider has stopped collection of MSW from the designated

locations and transportation of the same to compost facility and / or landfill

for any day.

iii.

The Service Provider has failed to provide equipment and vehicles as statedin Clause 2.1.2.

iv. The Service Provider has failed to adhere to any other performance

obligations under the Agreement; and the same has not been remedied for

more than 3 days;

v. Penalty amounts as payable by the Service Provider is equal to or greater

than 10% of the Contract Value;

vi. The Service Provider has repudiated or abandoned the Project;

The Service Provider failed to deploy the workers and vehicles and failed to work as

mentioned in the RFP document

b. ULB Event of Default

Any of the following events shall constitute an event of default by the ULB ("ULB

Event of Default), unless caused by a Service Provider Event of Default or aForce

Majeure Event:

i. The ULB has failed to make any payments due to the Service Provider and

more than 30 days have elapsed since such default;

ii. The ULB has failed to adhere to any other performance obligations underthe Agreement; and the same has not been remedied for more than 30 days

of receipt of notice thereof issued by the Service Provider;

6.2 Penalties

In case of a Service Provider Event of Default or non - performance of its

obligations, the Service Provider shall pay to the ULB penalty amounts as set

out in Schedule 8.


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6.3 Termination due to Event of Default

a. Termination for Service Provider Event of Default

Without prejudice to any other right or remedy which the ULB may have inrespect thereof under this Agreement, upon the occurrence of a Service

Provider Event of Default, the ULB may terminate this Agreement by issuing

a termination notice setting out the underlying Event of Default and the

termination date. The Service Provider shall continue to perform its

obligations under the Agreement till Termination Date.

b. Termination Payments

Upon Termination of this Agreement on account of Service Provider Event of

Default, the Service Provider would not be entitled to any compensationfrom the ULB and the Performance Security shall be forfeited.

Upon Termination of this Agreement on account of ULB Event of Default,

the Service Provider would be entitled to the payments due from the ULB

and the Performance Security shall be released.

c. Pre-mature Termination:Incase MCC wants to pre-maturely terminate the contract, and then MCC

shall give one month prior notice to the contractor about the same &

terminate the contract. The contractor shall abide by this termination even

if ongoing contract is run successfully. MCC in no way would compensate the

loss incurred by the contractor on such termination.

ARTICLE 7

DISPUTE RESOLUTION

7.1 Amicable Resolution

Save where expressly stated to the contrary in this Agreement, any dispute,difference or controversy of whatever nature between the Parties,

howsoever arising under, out of or in relation to this Agreement, shall in the

first instance be attempted to be resolved amicably by meetings between

the Parties.

7.2 Arbitration

Any dispute which is not resolved amicably shall be finally settled by binding

arbitration, with the Commissioner, Mangalore City Corporation, serving as


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the sole Arbitrator. The place of arbitration shall ordinarily be the Deputy

Commissioners office. The Parties agree that the decision or award resulting

from arbitration shall be final and binding upon the Parties.

Pending the submission of and/or decision on a dispute, the Parties shall

continue to perform their respective obligations under this Agreement

without prejudice to a final adjustment in accordance with such arbitration

award.

ARTICLE 8

MISCELLANEOUS

8.1 Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India and courts of the

district head quarters will have jurisdiction relating to all matters arising

from this Agreement.

8.2 Amendments

This Agreement and the Schedules together constitute a complete and

exclusive understanding of the terms of the Agreement between the Parties

on the subject hereof and no amendment or modification hereto shall be

valid and effective unless agreed to by all the Parties hereto and evidenced

in writing.

8.3 Intent and Effect

Each of the Parties hereto undertakes to fully and promptly observe and

comply with the provisions of this Agreement.

8.4 Non-Waiver

No omission or delay on the part of any Party in requiring a due and punctual

fulfillment by any other Party of its obligations hereunder shall constitute,or be deemed to constitute, a waiver of any of such Partys rights to require

such due and punctual fulfillment and in any event shall not constitute or be

construed as a continuing waiver and/or as a waiver of other or subsequent

breaches of the same or other (similar or otherwise) obligations of such

other Party hereunder or as a waiver of any remedy.

8.5Binding Effect


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Subject to the terms and conditions hereof, this Agreement is binding upon

and shall ensure to the benefit of the Parties and their respective

successors and permitted assigns.

8.6 Invalid Provisions

If any provision of this Agreement is held to be illegal, invalid, or

unenforceable under any present or future Law, and if the rights or

obligations under this Agreement shall not be materially and adversely

affected thereby, (a) such provision shall be fully severable; (b) this

Agreement shall be construed and enforced as if such illegal, invalid, or

unenforceable provision had never comprised a part hereof; (c) the remaining

provisions of this Agreement shall remain in full force and effect and shall

not be affected by the illegal, invalid, or unenforceable provision or by itsseverance here from.

8.7 Additional Document

Each Party hereto shall promptly execute and deliver such additional

documents and Agreements as are envisaged in this Agreement and any other

Agreement or document as may be reasonably required for the purpose of

implementing this Agreement, provided that no such document or Agreement

shall be inconsistent with the spirit and intent of this Agreement

8.8 Counterparts

This Agreement may be executed simultaneously in two counterparts, each

of which shall be deemed an original, but both of these shall together

constitute one and the same instrument.

8.9 Notices

All notices, requests, demands and other communications made or given

under the terms of this Agreement or in connection herewith shall be in

writing and shall be either personally delivered, transmitted by postageprepaid registered mail (confirmed and writing by postage prepaid registered

mail), and shall be addressed to the appropriate Party at the following

address or to such other address or place as such Party may from time to

time designate:

To the ULB at:

The Commissioner,

Mangalore City Corporation,

Lalbagh,


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M.G.Road,

Mangalore 575 003.

To the Service Provider at:

Unless another address has been specified by a Party hereto by written notice

thereof to the other Party, any notice, request, demand or other communication

given or made pursuant to this Agreement shall be deemed to have been received (i)

in the case of personal delivery, on the date of delivery, (ii) in the case of mail

delivery, on the date which is fifteen (15) days after the mailing thereof and (iii) in

the case of a telex or cable, the date of dispatch thereof.

IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED SEALED AND DELIVERED

For and on behalf of THE ULB by

The Commissioner,

Mangalore City Corporation,

Lalbagh, M.G.Road (Signature)

Mangalore 575 003.

SIGNED, SEALED AND DELIVERED

For and on behalf of the Service Provider by:

In the presence of.

1

2


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Schedule 1PERFORMANCE SECURITY

(PROFORMA OF BANK GUARANTEE)7

THIS DEED OF GUARANTEE executed on this the ____day of ______at

________________ by ___________________________ (Name of the Bank)

having its Head/Registered office at

________________________________________ hereinafter referred to as

the Guarantor which expression shall unless it be repugnant to the subject or

context thereof include successors and assigns;

In favor of

Mangalore City Corporation, Mangalore represented by the Commissioner and having

its office at Mangalore City Corporation, Lalbagh, Mangalore, hereinafter referred

to as ULB, which expression shall, unless repugnant to the context or meaning

thereof include its administrators, successors or assigns.

WHEREAS

A. By the Agreement (the Agreement) dated ------- entered into between ULB

and [insert name of Successful Bidder], a company incorporated under the

provisions of the Companies Act, 1956/firm, having its registered office/

permanent address at [insert address] 8, (theService Provider), the Service

Provider has agreed to provide services for management of MSW and street

sweeping, (hereinafter referred to as the Project).

7To be issued by a Scheduled Bank in India8Insert name and address, if it is an individual


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B. In terms of the said Agreement, the Service Provider is required to furnish to

ULB, an unconditional and irrevocable bank guarantee for an amount of Rs.

[insert amount] [Rupees (insert amount in words)] as security for due andpunctual performance/discharge of its obligations under the Agreement, relating

to the execution of the Project.

C. At the request of the Service Provider, the Guarantor has agreed to provide

bank guarantee, being these presents guaranteeing the due and punctual

performance/discharge by the Service Provider of its obligations relating to the

Project.

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

1. The Guarantor hereby irrevocably guarantees the due and punctual performance

by Service Provider of all its obligations relating to the Project and in connection

with execution of the Project as envisaged in the Agreement.

2. The Guarantor shall, without demur, pay to ULB sums not exceeding in

aggregate Rs. [insert amount] [Rupees (insert amount in words)], within [insert

number of days]calendar days of receipt of a written demand therefore from

ULB stating that the Service Provider has failed to meet its obligations under

the Agreement. The Guarantor shall not go into the veracity of any breach orfailure on the part of the Service Provider or validity of demand so made by ULB

and shall pay the amount specified in the demand notwithstanding any direction

to the contrary given or any dispute whatsoever raised by the Service Provider

or any other Person. The Guarantors obligations hereunder shall subsist until all

such demands are duly met and discharged in accordance with the provisions

hereof.

3. In order to give effect to this Guarantee, ULB shall be entitled to treat the

Guarantor as the principal debtor. The obligations of the Guarantor shall not be

affected by any variations in the terms and conditions of the Agreement or

other documents or by the extension of time for performance granted to the

Service Provider or postponement/non exercise/ delayed exercise of any of its

rights by ULB or any indulgence shown by ULB to the Service Provider and the

Guarantor shall not be relieved from its obligations under this Guarantee on

account of any such variation, extension, postponement, non exercise, delayed

exercise of any of its rights by ULB or any indulgence shown by ULB, provided

nothing contained herein shall enlarge the Guarantors obligation hereunder.


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4. This Guarantee shall be irrevocable and shall remain in full force and effect until

______unless discharged/ released earlier by ULB in accordance with theprovisions of the Agreement. The Guarantors liability in aggregate be limited to

a sum of Rs. _____________ (Rupees _____________ Only).

5. This Guarantee shall not be affected by any change in the constitution or

winding up of the Service Provider/the Guarantor or any absorption, merger or

amalgamation of the Service Provider/the Guarantor with any other person.

6. The Guarantor has power to issue this guarantee and discharge the obligations

contemplated herein, and the undersigned is duly authorized to execute thisGuarantee pursuant to the power granted under ______________.

IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO

ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN.

SIGNED AND DELIVERED

by ____________________________________Bank

by the hand of Shri _______________________

its __________________and authorised official.

The scope of work shall be as described in Appendix A titled Scope of work

as mentioned in the RFP document

Definitions of Terms

In formulating the conditions and the annexed specifications in this RFP, thefollowing words shall have the meanings herein assigned to them unless there

is something in the subject or context inconsistent with such construction.

1. Corporation / MCC/ ULB means Mangalore City Corporation.

2. The Department means Mangalore City Corporation.

3. The Contractor or Bidder shall mean the Individual / Firm / Group of

Individuals / Bidder / Consortium / Bidder whose Bid has been accepted


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by the Corporation and shall include the legal representatives / Legal

heirs, and Nominees..

4. The Contract shall mean and include the General Conditions,Specifications, Schedules, Drawings, Form, the Bid, Covering letter,Schedule of Prices, Packages or the Final Conditions or any special

conditions applying to the particular contract specification and drawing

and the final agreement to the entered into under the general

conditions.

5. The Specification shall mean the qualitative and / or quantitative

description of performance standards of the machinery, equipment,

works etc.,

6. The site shall mean proposed location of the package consisting of

various nos. of Wards.7. Month means calendar month.

8. Written shall include any manuscript or typewritten or printed

statement, under or over signature and seal as the case may be.

9. The Inspecting Authority shall mean the Corporation or the

Commissioner for the time being or such other person as may be duly

authorized by him to act as an Inspecting Authority for the purpose of

the contract.

10. Contract Value shall mean that monthly contract amount agreed by

the Corporation would be awarded.

11. Approval shall mean the written approval of the Commissioner /

Department / Corporation.

12. Ward shall mean geographical jurisdiction of the elected Councilor.

13. Family shall mean Husband wife and minor children.

14. Ownership shall mean, having registered ownership of any article by

any member of family in case individuals and by any member nominated

by the firm in case of firms.

15. The word shall is to be considered as should, which has to be

mandatory.

16. MCC officials means Commissioner and concerned officials from HealthDepartment

17. Offender is the one who violates the Terms and conditions of contract.

Note: Words imparting the singular only shall also include the plural andvice-versa wherever the context requires.

The Terms and conditions depicted in agreement of this document should be

strictly followed, Definitions of terminologies depicted in this RFP and

agreement has to be referred, which holds good for the entire document


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Schedule 4

Health and Safety Standards and Safety Gear

1. The Service Provider shall ensure that the vehicles and equipment

used for performing the activities envisaged under the Project are

cleaned / washed / disinfected at least once a week.

2. The Service Provider should facilitate regular health checkups of its

employees, the periodicity of which needs to be finalized in

consultation with the ULB officials.

3. The Service Provider shall provide the following9 to its employees:

a. Uniform

b. Gloves

c. Masks

d. Aprons

e. Appropriate foot wear

f. Gum boots

g. Other implements, if any

Schedule 5

Compliance Certificate

The ULB would appoint two prominent citizens in the Project Area to certify

that the Service Provider is discharging all his obligations set out in this

Agreement. The Health Inspector would be required to certify the same in

the manner indicated in the format.

For the month of [insert month] , 2011

Days in the

month

Daily

collection of

wet waste

Collection of dry

waste as per

approved

management plan

Sign of the Health

Inspector

1

2

9Strike out whichever is not relevant


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3

4

and so on

The ULB would designate an officer to certify that the Service Provider is

discharging all his obligations set out in this Agreement.

For the month of [insert month], 2011:

Days

Transportation of

MSW other than

door to doorcollection from

designated locations

to compost facility /

landfill

Sweeping of

streets/footpa

ths/pavementas per

approved

management

plan

Cleaning of

drains as perapproved

management

plan

Collection and

transportation of

MSW from bulk

generators as per

approved management

plan

Signature of

ULB official

1

2

Schedule 7

Standards and Specifications for the Tools, Equipment and Vehicles

The vehicles and equipment required for project execution are as indicated

in the following table:

Tools, Equipment and Vehicles to be provided by the Service Provider

Sl.

No.Equipment / Vehicles To be provided

1 Tippers/ lorries [Yes ]

2 Metal plate [Yes ]

3 Ghamela (6 months) [Yes ]

4 Hand gloves (yearly) [Yes ]

5 Rain coats (yearly) [Yes ]

6 Gum boots (yearly) [Yes ]

7 Uniforms (yearly) [Yes ]

8 Face masks (yearly) [Yes ]


22/22

Schedule 8

Penalties

Service Provider Event of Default

Sl.

No.Item Penalty

1Failure to cover bulk collection centers

for one day from

2% of the daily payment of the

particular package

2

Non collection of MSW from

designated center and transportation

to compost facility and / or landfill,

even for a single day

2% of daily payment, if found

repeating the same thing 4% of the

daily payment.

3Non- performance of any otherobligation under the Agreement for a

continuous period of 2 days

5% of daily payment.

4Not providing the tools & equipment

for continuous 2 days2% of daily payment.

Note: The total penalty amount should not exceed 10% of the contract value

Bulk Waste Agreement

Documents

Transcript of Bulk Waste Agreement