OUTSOURCING OF SPECIALITY RESTAURANT AT HOTEL MOUNTVIEW, SECTOR 10, CHANDIGARH ON LICENSE BASIS CITCO intends licensing out its Specialty Chinese Restaurant at its 5 Star Hotel Mountview, Sector 10, Chandigarh. The outlet is a 120 cover Restaurant having adjoining Bar and Terrace. Minimum Reserve License Fees for the purpose is Rs.3.00 lacs per month + Tax. Additional fees will be applicable in case the agency wishes to utilize the existing infrastructure including furniture, fixture, Kitchen equipments etc. Agencies are permitted to use outlet for providing Cuisines other than Indian/South Indian/Continental. Agency quoting highest license fees over and above Reserve License Fees will be awarded the contract. Agencies may kindly refer the tender document regarding eligibility criteria and other terms and conditions. The Tender is invited under Two Bid tendering process i.e. Technical and Financial Bid separately. Information submitted in Technical Bid will be scrutinized and Financial Bid of only those agencies will be opened whose technical bid is found to be in order. Tender documents are available on the Chandigarh Administration Website http://etenders.chd.nic.in for online participation. Date of Loading/Uploading of the Tender is 10.12.2014 up to 3.00 P.M. The uploaded Tenders will be opened online on 12.12.2014 at 3.00 P.M. EMD by way of Bank Draft favouring “CITCO” payable at Chandigarh for Rs.1,00,000/-should be submitted to CITCO on or before 10.12.2014. MD reserves the right to accept or reject any or all tenders without assigning any reason. The said decision of the MD CITCO will be final and binding on all. MANAGING DIRECTOR DETAIL NOTICE INVITING TENDERS (DNIT) FOR LICENSING OUT SPECIALITY RESTAURANT AT HOTEL MOUNTVIEW, CHANDIGARH In these terms and conditions unless the context otherwise required:i) ii) iii) iv) v) “Licensor”/”Corporation” means the Chandigarh Industrial & Tourism Development Corporation Ltd., Chandigarh. “Licensee”/ “Party”/”Agency” means a person, a firm, or a company to whom the said Space is allotted on license basis. “License Fee” means the sum of money payable monthly by the licensee in accordance with the terms and conditions of the license in respect of the space allotted by the licensor. “License” means the allotment letter containing detailed terms and conditions of allotment of the Space. “License Agreement” means an agreement containing the terms and conditions on which space has been licensed out. The offers are being invited in double tendering system i.e. Technical Bid and Financial Bid separately. ELIGIBILITY CRITERIA Agencies fulfilling the following criteria will be only considered for shortlisting:Licensee should have at-least 3 years experience of managing a Restaurant of atleast 50 cover capacity. Turnover from said business should not be less than Rs.100.00 lacs per annum in the last two years consecutively. the party should have valid VAT No., PAN, Service Tax Registration and Valid Food License. TENURE AND OTHER FINANCIAL TERMS − Reserve License Fee will be @ Rs.3,00,000.00 per month + Service Tax. A.C. & Electricity Charges will be extra. − Tenure of the License shall be 5 years with provision for further extension of 3 years on Annual basis subject to satisfactory performance by the Licensee as assessed by CITCO. − The License Fees will be escalated as under :1st Year : 5% nd 2 Year : 10% 3rd Year : 10% th 4 Year : 10% 5th Year : 10% 6th & each Year thereafter : 10% The prospective bidder will deposit Earnest Money Deposit (EMD) of Rs.1,00,000/- by way of Bank Draft favouring “CITCO” on any Bank at Chandigarh. Earnest money shall not be accepted through cheque. Any amount lying with CITCO on any other account will not be allowed to be adjusted against EMD for this Tender. - - − − The successful licensee will deposit Interest Free Security equal to Three (3) months agreed license fee, less EMD of Rs.1,00,000/within 7 days from the date of allotment letter. EMD of Rs.1,00,000/- deposited shall stand forfeited in case the licensee fails to deposit interest free security amount within 10 days of date of allotment or withdraws offer after opening of technical bid. Notice period for vacation of space/termination of contract is fixed at 2 months by either of the parties i.e. CITCO or the Licensee. Moratorium Period:- Licensee will be extended free of cost rental period of 2 months in case they propose to make investment upto Rs.25.00 Lacs on interiors/furnishings of the outlet. This period will be of 3 months if proposed investment is over Rs.25.00 Lacs. AREAS PROPOSED TO BE LICENSED OUT : Besides the 120 Cover “Magic Wok” Chinese Restaurant located on the 4th Floor of Block B of Hotel Mountview Sector 10, Chandigarh having area of ___ Square ft., the following areas shall also be licensed out as part of the arrangement :- Adjoining Bar - Kitchen - Open Terrace adjoining the Restaurant. Licencees are advised to undertake a site visit to understand the exact location area etc. TERMS AND CONDITIONS: 1. The outlet is proposed to be outsourced for use as a specialty Restaurant for serving Cuisine other than Indian/Continental/ South Indian, as the same are already being served by the Hotel in its existing outlets. Preferred Cuisine would be Chinese. However, other Cuisine like Thai, Mexican, Lebanese etc. can also be considered. 2. The License/agreement period shall be initially for a period of Five (5) years which may be extendable further for a period of another Three (3) years on Annual basis at sole discretion of CITCO, considering Licensee’s performance etc. 3. The licensee shall pay the agreed monthly license fee by 3rd but not later than 7th of every month. In case, the lessee fails to pay the license fee/increased license fee, as the case may be, by the due date, the licensee shall without prejudice to other rights and remedies as available with the Corporation (including disconnection of electricity, water supplies etc) be liable to pay penal interest @18% per annum on the outstanding dues from the due date. No part payment will be accepted under any circumstances. The said interest @ 18% p.a. shall be chargeable from the due date to the actual date of payment. 4. Electricity Charges will be paid by Licensee as per the prevalent electricity tariff over and above the license fee as per actual usage/ consumption. For the purpose, separate electricity sub meters will be installed to calculate usage/ consumption. If for any reason, such installation is not possible, then the Licensee shall pay their share of electricity charges at the rates as may be applicable from time to time as per consumption of electricity/water bills as determined by Engineering Cell, CITCO 5. AC Plant forms part of the space/equipments to be licensed out. For the purpose of calculating consumption etc. separate meters will be installed. Licensee will pay AC Charges over and above the license fee. If for any reason, installing separate meters is not possible, then, CITCO’s Engineering Wing will work out a viable option which will be accepted by the licensee. 6. The Space/premises are and shall be deemed to be Public Premises as defined in the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 now in force and the said Act or any other Act touching the subject that may hereinafter come into force and the rules framed there under. 7. The licensor reserves the rights to terminate the license/agreement at any time by explicitly serving upon the licensee Three (3) months notice to that effect without any reason at its sole discretion and in that case the licensee shall be liable to hand over the vacant possession of the said space by the date as stipulated in the said notice. The licensee may, also, have the option to surrender the Bay/Hall allotted during the license period by giving Three (3) months notice in writing to the licensor. 8. The licensee shall pay/clear all dues on account of license fee/ electricity telephone charges etc. for the period ending with the date of handing over the possession to the licensor on surrendering the Space. The interest free security shall be refunded to the licensee after adjusting the amount, if any, due from the licensee. 9. All Taxes viz. VAT, Service Tax etc. collected on sale of Goods /services from customers shall be timely deposited by licensee and as a proof of deposit, copy will be submitted to CITCO every month/quarter as the case may be. Also, other Statutory Dues of ESI,, EPF etc. will also be deposited by the Licensee by due date with the concerned authorities. Licensee will further ensure deposit of other related dues viz. Payment for Public Performance to agencies like IPRS, PPL etc. The licensee shall maintain relevant records of all such dues at the said location for inspection by CITCO any time. 10. The arrangement is for licensing out the space only. Therefore, Kitchen equipments, Furniture, Furnishing, Glassware, Cutlery, Crockery etc. will have to be arranged by the Licensee along with Staff for Kitchen Production and F&B Service. 11. In case the Licensee so desires, CITCO can consider giving existing equipments (Kitchen equipments, Furniture, fixtures, Glassware, Cutlery, Crockery etc.) installed at Magic Wok Restaurant/Kitchen to the Licensee on “As is Where is” basis against fixed monthly rental;. The calculation of rent for the purpose will be done based on written down value. In case Licensee proposes/prefers to install own equipments, then CITCO shall remove its items consisting of Kitchen equipments, Furniture, Furnishing, Glassware, Cutlery, Crockery etc. for use elsewhere. 12. The Licensee will be authorized to sell food stuff of the Cuisines for which the premises has been allotted on the days and during the hours as determined by the Licensor from time to time for the outlet. Licensee shall not use the space for residential purpose or for sale of any Cuisines other than the approved cuisine. Any change in the authorized Cuisines shall be made only with the prior written approval of the Corporation. 13. The Bar adjoining the Restaurant will also be outsourced for its running/management With a view to ensure that parity of rates is maintained at all the 3 Bars of the hotel, a system of coordination and cohesiveness of Bar pricing between HMV and Licensee will be put in position to ensure that price differential is minimal in the overall interest of the Hotel /guests. Thus pricing of Bar items will be fixed with mutual discussions. The Licensee will have to obtain his own independent Excise License for the purpose of operating the said Magic Wok Bar. 14. The Licensee will be allowed to serve “Buffet meals” in Restaurant. The Buffet so served would however be of authorized Cuisine only. 15. The Licensee shall not be allowed to do “Room Service” directly to room guests. Room guests desiring authorized Cuisine will make request to HMV Room Service, which could then either prepare its own food from Room Service or it could source the same from the Licensee at a pre-determined rate. In both the cases, service will be done by the Hotel Staff only. 16. For branding of the outlet, the Hotel will allow placing tent cards/ publicity material of good quality in the hotel rooms. 17. For Room Service and Banquet Guests, the hotel reserves the right to create Kitchen space in the Hotel for preparing Chinese or Food of authorizied cuisine. Alternatively, HMV could source food from Licensee at pre-determined rates which may be 40% lower than the menu price of the licensee. 18. The Licensee will undertake repair including civil and electrical and of fitting and fixtures installed in the said space including all equipments installed by the Licensee on his own account. However, maintaining major equipments viz. Air Conditioning system, Fire Fighting System etc. installed centrally in the said area/space will be done by the hotel. However, the hotel shall not be liable to pay any compensation/damages to Licensee on account of breakdown of air conditioning, water supply, electricity, telephone or any other service beyond its control. 19. 20. The Licensee will engage Kitchen/Production Staff F&B Staff, Cashiers, Security Staff, Housekeeping staff etc. as per their own assessment and requirement. The Licensee will be expected to maintain the area allotted to them in clean conditions. In case, the Licensee(s) fails to do it, then CITCO reserves the right to engage Housekeeping Staff/Services, at the risk and cost of the Licensee(s) and recover the expenses incurred from the Licensee(s). 21. The Licensee shall be allowed to play DJ/Orchestra by regulating the timing, maximum till 12 Midnight, subject to pre-defined level of noise (Decibels)/volume beyond 11.00 P.M. upto the time as allowed by Chandigarh Administration for operating of Restaurant to ensure that the sound/noise levels do not disturb residential guests. Licensee will be required to inform the Hotel in case of any special event being conducted where large gathering is expected. 22. CITCO reserves the right to depute any of its officers/officials to verify the working of the outlet with a view to ensure that the agency is working in their domain and observing the terms and conditions of the allotment/ license. 23. The licensee will be liable to pay all fees, taxes. etc. in respect of the space as the Government may levy from time to time under any law. Property Tax of the said space will however be borne by CITCO. 24. CITCO shall not be responsible for any loss of stocks and any other moveable property/equipments etc. of the licensee on account of theft, fire and natural calamities or due to other reasons beyond the control of the Corporation. The licensee is therefore advised to get this risk covered through Insurance. 25. The licensee will not store any empty packing cases or baskets or any other goods or any other material on any projection or the building or on the open space in front of the same. Further the licensee will not make any addition or alteration on any part of the space without the prior permission in writing of the Corporation. 26. The space including Kitchen area and adjoining open spaces will be kept in a proper state of cleanliness and adhering to rules and guidelines of Food Licensing Authority to the satisfaction of the licensor or his officers and servants duly authorized by licensor in this behalf. The licensee shall get/procure at its own cost the food safety license for running their business in the allotted space before starting its operations. A copy of the valid food safety license shall be submitted to CITCO. 27. No alteration or additions to the said space shall be made by the licensee without obtaining prior written approval of licensor including removal of any of the fixtures or fittings therefrom. 28. The Licensee shall be allowed to undertake alteration/ change in the colour of the space allotted including the outside space only after obtaining written approval of licensor. The Licensee will however not alter the outside façade/ front elevation nor erect sub screens, curtains or blinds on the exterior. 29. The Licensee shall not employ any minor children or otherwise allow any person at the said space who is not of good character and/or behavior and/or suffering from any contagious infectious disease or if not suitably attired or otherwise unsuitable to be seen in a property/space. 30. In the event of any damage or injury being caused to licensor property by the licensee or his servants or agents or any one upon the said space, the Licensee shall at its own expense make good all such damage or injury and in the event of his failure to do so within 7 (seven) days after occurrence of the such damage, the Licensor may make good such injury/damage and charge/deduct/adjust the said damage/clause from the Licensee. Further the licensee shall also indemnify and keep the Licensor and its Directors, Officers, Employees, Agents and Representatives from and against any losses, claims, damages liabilities and expenses whatsoever arising out of or resulting from any legal proceedings, civil suit, defense or any other action initiated or initiated in respect of or relating to this licensing /agreement, if there is default or non-compliance of this licensing/ agreement by the licensee. 31. In case of any default of any terms and conditions of this agreement, the licensor can initiate extreme action of terminating the contract with a notice period of one(1) month or immediately, as the case may be or in case of situation on any account so warrants during the license period for any reason which may not be conducive for the affairs of the licensee in any manner. 32. The licensee shall not sublet, assign or part with possession of the said space or any part thereof. 33. Without prejudice to generality of the foregoing conditions, the licensor or any officer authorized in writing by him in this behalf, shall have access to the outsourced area for any reason required. 34. The Licensor 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 and reservations herein contained and to recover from the licensee of the cost of doing any such act or thing. 35. The Licensee will not install/operate any public address system or any other media in the area allotted, which may cause disturbance in area, without obtaining prior written approval of licensor 36. The Licensee shall not do or permit to be done any act, which may invalidate or in any way affect the insurance of the building or property wherein the said space/ buildup area is located. 37. The Licensee shall manage, operate and conduct the authorized trade in the space so as to preserve the reputation of the Corporation and to abide by the rules and regulations framed by the Corporation or the Chandigarh Administration from time to time and that nothing shall be done, permitted or committed contrary to any provision made by or under any statute or law for the time being in force or rules and regulations framed by the Corporation or the Chandigarh Administration and in particular not to use or permit the said space/ buildup area to be used for any form of unlawful activities. Further the party shall be responsible for any act/ lapse or contravention of Prevention of Food Adulteration Act or any other law/ statute/act touching, dealing or as applicable for eating items/ foodstuff/ cuisine etc. 38. On expiry of initial period of Five (5) years, in case the licensee is interested for the extension of Three (3) years, then licensee should approach CITCO at least Six (6) months in advance prior to expiry of license period of Five (5) years indicating their willingness for the said extension, failing which it will be assumed that the party is not interested in extension and the Corporation will proceed ahead for fresh allotments. In case of extension, the security deposit value amount will also be reviewed for further extended years and party will be required to deposit the differential amount. 39. In the event of non-payment of the License fee or non-use of such space by the due or extended date not exceeding 60 days or breach or non-observance by the party of any of the conditions of the licensing, it shall be lawful for CITCO, notwithstanding the waiver of any previous cause or right for re-entry, to terminate the license and enter into and to re-possess, retain and enjoy the same as of its former estate and the party will not be entitled to any compensation, what so ever on account of such resumption. Provided that on sufficient cause being shown, CITCO may for reasons to be recorded in writing instead of terminating the license on the ground of default in payment of license fee allow payment to be made with penalty not exceeding the amount due but not less than Rs.5000/-within such period, not exceeding six months on the whole, as CITCO may deem reasonable. Penalty shall, however, be in addition to the payment of penal interest @ 18% per annum as specified herein before. 40. Tender should only be signed by the authorized signatory along with the name, designation and seal of the firm. In case of tender under Power of Attorney or by Corporate bodies, the Power of Attorney / Board Resolution of the relevant authority as the case may be, together with a certified copy thereof must be attached with the Tender. 41. 42. 43. CITCO shall not be concerned with the internal affairs of the tenderers i.e. dispute and dissolution etc. or affairs concerning any other (third) party that the Contractor may be having. On the termination of license/agreement under any of the terms and conditions of the license:(i) Licensee will deliver the vacant possession of the area in its original state to the licensor, failing which the area shall be got vacated in accordance with the provisions contained in the Public Premises (Eviction of unauthorized Occupants) Act, 1971. The cost of damages, if any, to the premises or fixtures shall be recovered from the licensee. (ii) Interest Free Security lying at the credit of the Licensee, after adjusting all dues, shall be refunded within 30 days of handing over of vacant possession. On expiry of settled/agreed period/ extended period, the Licensee engaged will deliver the vacant possession of the Space/area in its original state i.e. without any damage and damage if any, shall be recovered. Failure to hand over the vacant possession, the premises shall be got vacated under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. 44. Other than the arbitration clause, MD, CITCO is the Competent Authority to dispose of day to day issues/disputes with licensor or other business partners/licensees of CITCO. 45. In the event of any question, dispute, or difference arising out of the agreement or in any manner touching this agreement and the solution of which is not expressly provided in this agreement, the same shall be referred to the sole arbitration of the Chairman, Chandigarh Industrial & Tourism Development Corporation Ltd., Chandigarh or any other person appointed by him. The award of the Arbitration or his nominee shall be final and binding on the parties to the license. 46. Subject to the arbitration clause, the Courts at Chandigarh shall have the exclusive jurisdiction. MANAGING DIRECTOR PROCEDURE FOR E-TENDERING 1. The Bids shall be received electronically only through the website etenders.chd.nic.in/nicgep. 2. Bid Document can be downloaded from the website of Chandigarh Administration http://etenders.chd.nic.in/nicgep. 3. The Bidders shall have to submit their Bids(Technical Bid & Financial Bid) online in Electronic Format with Digital Signatures. For participation in the e-tendering process, the Bidders need to register themselves on http://etenders.chd.nic.in/nicgep. On registration they will be provided with a User ID and a system generated password enabling them to submit their Bids online using Digital System Certificate (DSC). 4. The Bids shall be uploaded in Electronic Format on the website http://etenders.chd.nic.in/nicgep. Scanned copies of Earnest Money Deposit, Document and Eligibility Documents shall also be uploaded alongwith with Technical Bid within prescribed time limit. 5. EMD in original as uploaded by the Bidder shall be placed in the manner as described in the Bid Document and shall be submitted in person by the specified date and time in Industrial Wing(4th floor), Head Office, CITCO, SCO 121-122, Sector 17-B, Chandigarh. The Agency who fails to submit the EMD as mentioned above, in physical form on or before the prescribed date will be declared as ineligible and the Bid submitted by them shall be declared as invalid. 6. The Agency has to produce the original documents as and when asked for by Industrial Wing (4th floor), CITCO. The failure of the Agency to furnish the said original documents will entail summarily rejection of its tender. 7. Instructions to Bidders regarding e-tendering process: a) Tenders without digital signatures will not be accepted by the Electronic Tendering system. No Tender will be accepted in physical form and in case it has been submitted in the physical form it shall be rejected summarily. b) Bids will be opened online as per time schedule mentioned above. c) Before submission of online Bids, Bidders must ensure that scanned copies of all the necessary documents have been uploaded with the Bid. d) It will be mandatory for all the Bidders to upload all the documents mentioned under ‘Tender Details’ template e) CITCO will not be responsible for any delay in online submission of the Bids due to any reason whatsoever. f) 8. The details of EMD specified in the Tender documents should be the same as submitted online (scanned copies) otherwise tender will be rejected summarily. For any technical issue related to Electronic Tendering Portal, Bidders may contract IT Cell, the Department of Information Technology (DIT), Additional Deluxe Building, 5th floor, Sector 9, Chandigarh or email at [email protected], Phone No,01722740641. 0172-2740003. ANNEXURE – I TECHNICAL BID PROFORMA FOR LICENSING OUT MAGIC WOK SPECIALITY RESTAURANT AT HOTEL MOUNTVIEW, SECTOR-10, CHANDIGARH To be filled Sr. Description in by the No. firm. 1. Name & Address of the Bidder 2. 3. 4. 5. 6. 7. 8. 9. Telephone No. Fax No. Mobile No. Email ID Details of EMD Deposited (D.D No., Date, Amount and name of issuing Bank) Legal status of the applicant i.e. whether individual/ firm/ Company (attach copies of document defining the legal status). a) Individual b) Firm c) Public/ Private Limited Company. a) Profile of the Bidder/Agency including details of existing businesses b) No. of Branches c) Location/ Places where such outlets exists Proof of Licensee having:a) 3 years experience of managing 50 cover capacity Restaurant. b) Turnover from the said business of not less than Rs. 100.00 lacs p.a. consecutively in the last two years as per audited Balance Sheet. (Copy of Audited Balance Sheet of last 2 preceding financial years be attached) c) VAT Registration d) PAN e) Service Tax Registration f) Valid Food License etc. Cuisine/ Brand proposed Financial Credentials/ Capabilities of the Bidder/ Party (Attach Income Tax Returns, Bank Certificate etc) Any other related matter/ information the bidder would like to share including special achievement/awards etc. Note: 1) I/We understand that no payment/charges will be paid for preparation, submission of bid/ plan (if any) and no claim on this account will be entertained. 2) I/We also understand that CITCO reserves the right to ask selected Bidder/ Party to make changes in the terms of contract as per the requirement of CITCO. 3) I/We also understand that Managing Director, CITCO, reserves the right to reject any or all bids without assigning any reason. I/We hereby certify that all the statements made and information supplied above is true and correct. Signature of Applicant With seal ANNEXURE – II PRICE BID PROFORMA FOR LICENSING OUT MAGIC WOK SPECIALITY RESTAURANT AT HOTEL MOUNTVIEW, SECTOR-10, CHANDIGARH. Sr. No. I Description License fee to be quoted (Per Month) (In. Rs.) Service Tax (%age) Net License fee (Per Month) (In. Rs.) LICENSE FEES Signature of Applicant With seal
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