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Government of India

CENTRAL RAILWAY

MUMBAI DIVISION

TENDER DOCUMENT

Tender No. – BB.C.465.CP.TDR.V.W.Pass.DMU.MEMU 2018

NAME OF WORK

DISPLAY OF ADVERTISEMENTS THROUGH VINYL WRAPPING ON COACHES OF

PASSENGER TRAINS, DEMU & MEMU ON MUMBAI DIVISION,

CENTRAL RAILWAY

Price Rs.5,000/-

(Rs. Five Thousand only)

(Non refundable)

(Non transferable)

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INDEX

Sr.

No. Name Description Page nos.

1 Tender Notice 3

2 Chapter - I Instructions and conditions

to Tenderer 4-8

3 Chapter - II General conditions of

contract 9-14

4 Annexure I Description of tender 15

5 Annexure II Tender application 16

6 Annexure III Tender Agreement 17

7 Annexure IV Schedule of Rates 18

8 Annexure V RDSO Instructions 19-25

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Central Railway

Office of the DRM (C), CSMT Mumbai

No. BB.C.465.CP.TDR.V.W.M/Pass./2018

NOTICE INVITING TENDER

Senior Divisional Commercial Manager, Mumbai Division, Central Railway, Mumbai Chatrapati Shivaji Maharaj Terminus, for and on behalf of President of India invites sealed tenders from advertising agencies and interested parties in the prescribed form for display of advertisements through Vinyl wrapping on coaches of Passenger, DEMU & MEMU trains on Mumbai division as mentioned herein below:

Sr.

No Name of work

Estimated earning

potential Per

annum (Rs.)

Earnest

Money

deposit

(Rs.)

Cost of

Tender

Document

A DISPLAY OF ADVERTISEMENTS THROUGH VINYL WRAPPING ON 74 COACHES OF PASSENGER, DEMU & MEMU ON MUMBAI DIVISION, CENTRAL RAILWAY

Estimated earning potential. 73,77,800/- 7,37,780/- 5,000/-

Contract Period 3 years

Last date & time for sale of tender document 20.06.2018 up to 17.00 hrs.

Last date & time for submission of tender 21.06.2018 up to 15.00 hrs.

Date & time for opening of the tender

21.06.2018 at 15.30 hrs.

Prescribed Tender Forms containing detailed terms and conditions can be obtained from the office of the undersigned on all working days up to 17.00 hrs of 20.06.2018 on payment of cost of Tender Form (Non-refundable) on production of cash receipt or demand draft /Pay order issued in favor of Chief Cashier, Central Railway, Mumbai

Chhatrapati Shivaji Maharaj Terminus. Postal Orders and Cheques will not be accepted. The tender document is also displayed on our websites at www.indianrailways.gov.in if the tender documents are downloaded from website, the payment towards cost of tender document must be submitted in the tender. Tenderer, who wants to be present at the time of opening of tenders, he/she may do so with proper identification. If the tender is unable to be opened on the date mentioned due to the date of opening is declared as holiday or for any other reason which is not under control of Railway Administration, the tender will be opened on next working day at the same time and place. For any enquiry, you may contact the office of the Divisional Railway Manager, Commercial Branch, Publicity Section, Ground Floor, Mumbai, CSMT on the telephone No. 022-22623653 on any working days from 11:00 hrs to 17:00 hrs. Railway reserves the right to accept the work in full or part or reject the tender in full or part without assigning any reasons. Conditional offers will summarily be rejected.

Divisional Railway Manager (Commercial)

CSMT Mumbai

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CHAPTER-I

Instructions to Tenderer:

Name of work: - Display of advertisements through Vinyl wrapping on coaches of Passenger, DEMU & MEMU trains on Mumbai division as per Annexure-I. 1. Nature of Contract: Open Tenders are invited on behalf of President of India from Advertising Agents / Agencies and other interested parties for Display of advertisements through Vinyl wrapping on coaches of Passenger, DEMU & MEMU trains on Mumbai division. Non-transferable tender documents containing detailed description and terms and conditions can be obtained from the office of the Senior Divisional Commercial Manager, DRM Office, Ground Floor, Mumbai Chhatrapati Shivaji Maharaj Terminus on production of Cash Receipt, or Demand Draft I Pay Order of the same amount shown in the Annexure-1 against 74 nos Passenger, DEMU rakes in favour of Chief Cashier, Central Railway, Chhatrapati Shivaji Maharaj Terminus Mumbai. Postal Orders and Cheque will not be accepted. If the tender documents are downloaded from website, the payment towards cost of Tender document must be submitted in the tender otherwise the tender will summarily be rejected. 2. Duration of contract: The period of the contract shall be Three years. 3. The tender documents are non-transferable. The cost of tender document is not refundable.

4. Entire Tender Document duly signed with seal on each page and complete in all respects along with the documents asked for, is to be submitted along with Commercial bid in the given format at Annexure-IV though a sealed envelope with super-subscription as:

“Display of advertisements through Vinyl wrapping on coaches of

Passenger, DEMU & MEMU trains on Mumbai Division”.

This envelope should be addressed to Sr. Divisional Commercial Manager, Central Railway, Chhatrapati Shivaji Maharaj Terminus, Mumbai-400001. The Tender should be dropped in Tender Box kept for this purpose in the Office of Sr. Divisional Commercial Manager, Mumbai CST-400001. Offers submitted through post or any other mode will not be accepted. 5. Instructions and conditions to tenderer (Chapter-I), General Conditions of Contract (Chapter-II), and Annexures shall, hereafter, be collectively referred to as the "Tender Document". Any clarifications required by the tenderer may be obtained from the office of Sr. Divisional Commercial Manager, Central Railway, Mumbai Chhatrapati Shivaji Maharaj Terminus, Mumbai - 400 001.

6. Tender shall be dropped in Tender Box up to 15.00 hrs on 21.06.2018 at Mumbai in the office of Sr. Divisional Commercial Manager, Central Railway, Mumbai Chattrapati Shivaji Maharaj Terminus, Mumbai 400 001. The tender will be opened at 15.30 hrs on 21.06.2018. The tender or their authorized representatives can be present at the time of opening of tender with proper identification.

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7. Earnest Money Deposit (EMD)

a. The tenderer shall deposit EMD in favour of Chief Cashier, Central Railway, Mumbai Chattrapati Shivaji Maharaj Terminus. Tender submitted without EMD will be summarily rejected. The EMD should be payable at 10% of estimated earning potential (Reserve Price). b. The earnest money of the unsuccessful tenderer shall be return to the tenderer but railway shall not be liable for any loss or depreciation of the EMD while in their possession nor be liable to pay the interest thereon. c. The earnest money should be furnished in any of the following forms: * Fixed Deposit receipt in favour of Sr. Divisional Finance Manager, Mumbai CSMT on account of the tenderer issued by any of the Nationalized bank / scheduled bank approved by Reserve Bank of India. * Pay Order and Demand Draft should be drawn in favour of Chief Cashier, Central Railway, Mumbai CSMT. And endorsed “Account Payee” * Tenderer should note that EMD in the form of cash or bank guarantee is not acceptable. d. No reference to the previous deposit of earnest money and security deposit for adjustment against the present tender will be accepted and any request for recovery from any security deposit against present tender will not be entertained. e. The earnest money shall remain deposited with the railways for the period of 90 days from the date of opening of tenders. If the validity of the offer is extended, the earnest money deposit duly extended shall also be furnished, failing which the offer after the expiry of aforesaid period, shall not be considered by the railways. f. No interest will be payable by the railways on EMD. g. The EMD is liable to be forfeited if the tenderer withdraws or amends impairs or derogates from the tender in respect within the period of validity of his offer. h. The EMD of the successful tenderer can be adjusted against the Security Deposit, if so desired by the tenderer. i. If the successful tenderer fails to honor the contract and to deposit the license fee within 15 days from the date of acceptance, of the offer then the EMD shall be liable to be forfeited by the railways. The period to commence the contract may be extended by the Sr. DCM on written request of the successful tenderer on merit of the case.

j. The railways will return the EMD of all unsuccessful tenderer within reasonable time after the finalization of the tender.

8. Compulsory documents to be accompanied with the offer:

The tender shall contain following documents otherwise tender will be liable for rejection. a. Tender Document complete in all respects signed with seal on each page by the

tenderer. b. Offers should be given the format of schedule of rates given at Annexure-IV. c. Earnest money deposit in prescribed form. d. A copy of PAN Card & Latest Income Tax Return as a proof of being Income Tax

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Payee. e. Audited Balance Sheets for the last 3 (Three) years should be submitted for

verifying financial standing of the company. f. Form No. 26 AS for last three years. g. Details of the last 3 years' experience in Advertising or a related field with

supporting documents. h. As a proof of address, a copy of Ration Card/ Electricity Bill/ Passport/Election Card

or any other authentic document. i. If tenderer is individual, a copy of certificate of registration; if partnership firm, a

copy of partnership deed or if a limited company, a copy of articles of association and names of directors.

9. Conditional offers will be summarily rejected and EMD will be forfeited. 10. Partnership deeds, Power of Attorney etc: When the tender is submitted on behalf of Partnership Firm, the tenderer should submit an authorization from al l partners authorizing him to sign the tender documents on behalf of Partnership Firm. 11. The tenderer whether sole proprietor, a limited company or a partnership firm, if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration. However, the Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. Railway may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. 12. VALIDITY OF OFFER: The tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of t h e tender. Within that period, the tenderer cannot withdraw his offer. This is subject to the period being extended further if required by mutual agreement from time to time. Any contravention of the above condition will make the tenderer liable for forfeiture of his Earnest Money Deposit. 13. INTERPRETATIONS OF TERMINOLOGY USED: The following terms wherever occurring in the tender papers and wherever used throughout the installation/display of advertisements, shall, unless excluded by or repugnant to the context, have the meaning attributed thereto as follows:

• Contract means the Contract between President of India, represented by Senior Divisional Commercial Manager on one part & other part resulting from the acceptance of offer of the tenderer either in whole or in part

• Railway Administration means the c o m p e t e n t a u t h o r i t i e s o f M u m b a i D i v i s i o n o f Central Railway or of his successor authorized to deal with any matters with which these presents are concerned on his behalf.

• Divisional Railway Manager means the officer in administrative charge of this Division of Central Railway and shall mean and include the officers to whom the functions are delegated.

• Senior Divisional Commercial Manager means the officer in-charge of the commercial branch or any other officer assigned to discharge his duties of

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Mumbai division of the Railway. • Month means any consecutive period of thirty days/ or calendar month. • Area means ear marked area for each medium millimeters and feet for

display of advertisements. • Tenderer means advertising agents I advertising agencies and other

interested parties, who submit the Tender, which has been invited. • Writing includes all matters written, typewritten or printed either in whole

or in part. • Licensee/contractor/party: Advertising agency / agent / company participated in

tender and offered quotations and whose offer is accepted as per the terms and conditions of the tender.

14. RATES DURING NEGOTIATION: In event of same offers received from more than one Tenderer, the tenderer/s shall

increase his/their quoted rates in case the Railway Administration ask to negotiate for increase in rates, such a negotiation shall not amount to cancellation or withdrawal of the original offer and the rates originally quoted will be binding on the tenderer/s.

15. COMPLIANCE TO TENDER CONDITIONS & SPECIFICATIONS:

i. The intending tenderer is advised to study the tender papers carefully. Any submission of offer by the tenderer shall be deemed to have done after a careful study and examination of these documents a n d with full understanding of the implication thereof. Failure to adhere to any one or all these instructions may render his offer liable to be ignored without any reference with forfeiture of EMD. ii. Tender of award of contract for display of advertisements through Vinyl wrapping as per the RDSO Specification No.RDSO/206/CG-13 (Rev-1) for a period of Three years. (Annexure-V). iii. The intending tenderer is advised to physically check proposed area on the coaches and conditions of the coach of the Passenger, DEMU & MEMU trains for display of advertisements t h r ough v i ny l w r app ing and details of train services of Passenger, DEMU & MEMU trains. The intending tenderer can take help of commercial publicity inspector to check the coaches of the trains as given in the Annexure - I from the date of issue of Notice Inviting Tender. Any submission of a offer/quotation by the tenderer for t h e t r a i n / t r a i n s shall be deemed to have done after a careful checking and understanding of l o c a t i o n s a n d c o n d i t i o n s o f c o a c h e s f o r d i s p l a y o u t s i d e a s m e n t i o n e d in Annexure- I. Any difficulty being faced by the tenderer during the execution of contract shall not be entertained. 16. ERRORS, OMISSIONS & DISCREPANCIES:

The tenderer(s) shall not take any advantage of any misinterpretation of the conditions due to typing or any other error and if in doubt shall bring it to the notice of the administration, without delay. No claim for the misinterpretation shall be entertained. 17. ATTESTATION AND ALTERATIONS:

a. All offers shall be type or hand written neatly in English. Each page of the offer must be numbered. A reference to total number of pages comprising the offer must be made at the top right of the first page. Offer with overwriting or use of whitener shall summarily be rejected along with forfeiture of EMD. b. The tenderer should sign and stamp on each page of the tender document. c. Photocopies of all the certificates etc. submitted by tenderer should be attested by tenderer as true copies, unless required to be attested by Notary public by other conditions of tender. No scribbling is permissible in the tender documents. Tender containing erasures and alterations in the tender documents are liable to be rejected.

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18. WRONG INFORMATION BY TENDERER:

If the tenderer/s deliberately give/s wrong information in his/their tender, create/s circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender/contract at any stage. 19. AUTHORITIES FOR ACCEPTANCE: The authority for the acceptance of the tender will rest with the Railway Administration, on behalf of President of India, who shall not be bound to accept the highest or any tender or to assign any reason for non-acceptance or rejection of a tender. The Railway Administration reserves the right to accept any tender in respect of the whole or any portion of the work specified in the tender paper or to reduce the work or to accept any tender for less than the tendered area without assigning any reason whatsoever. 20. AGREEMENT:

The tender document duly signed on each page, acceptance of offer and consequent payment by licensee shall constitute binding contract and the contract shall be governed by Terms & Conditions mentioned in tender document. 21. Any changes in policy of Ministry of Railways shall be made applicable from the date of issue / its publications an official website.

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CHAPTER - II

CONDITIONS OF CONTRACT

1 COMMENCEMENT OF CONTRACT:

The date commencement of contract will be fixed after completion of validity period given to the contractor for carrying out the display of work or date of actual display of advertisement on the awarded rakes whichever is earlier.

2. LICENCE FEE/RENTAL CHARGES: i. The Licensee is permitted to pay the license fee on half yearly / quarterly basis (Offer is above 1 Cr. Quarterly payment permitted otherwise only Half yearly payment is permitted) in advance of 15 days before commencement of due term of the contract period. ii. In event of failure to deposit the License fee within 15 days in advance from the date of issue of letter of allotment, or from the commencement date of due term of the contract period, and any irregularities in the payments, the Railway Administration shall initiate an appropriate action against the licensee as deemed fit such as forfeiture of Earnest Money Deposit/Security Deposit and termination of the contract. 3. SECURITY DEPOSIT:

i. Security Deposit equivalent to 25% of annual license fee. ii. The Earnest Money Deposited by the licensee against this particular contract will be converted into initial Security Deposit on the issue of LOA. The balance amount of security deposit could be in any one of the forms mentioned below: a. Pay Order/Demand Draft/Banker’s Cheque from a Nationalized or a Scheduled Bank (approved by RBI) in the name of Chief Cashier, Central Railway, Mumbai C.S.M.T. b) Fixed Deposit Receipt (FDR) issued by a Nationalized Bank or a Scheduled Bank (approved by RBI) in favour of Senior Divisional Finance Manager, Mumbai CSMT. Term of the FDR should be 3 months more than the total contract period. c) Irrecoverable Bank Guarantee issued by a Nationalized Bank or a Scheduled Bank (approved by RBI) in the name of Senior Divisional Finance Manager, Mumbai C.S.M.T. The validity period of BG should be 6 months more than the total contract period. iii. Railway Administration shall have right to adjust the security deposit in part/in full for any due payment. The security deposit will be forfeited for a breach of the agreement Security Deposit will be refunded on satisfactory completion of the contract period taking into consideration that all Railway dues are cleared and rakes are returned in the original form. If party fails to return the painted rakes in original color and texture to the satisfaction of Sr.DME (C&W) CSTM, the amount of Security deposit will be forfeited and also necessary action will be initiated against the contractor as deemed fit. 4. DISPLAY AUTHORITY:

Work order/Display Authority for Display/change of display will be issued only on receipt of payment/License fees and only for a period for which license fees is received. Non-issue of Display Authority for want of payment will not make Railway liable to pay refund or damages on that account and Licensee shall remain solely responsible for the same.

5. DISPLAY CONDITIONS: i. Approval and Restriction on Displays: a) The contractor shall take prior approval of the text/design of the advertisement. b) It has to be ensured by Contractor that the Advertisements displayed are decent and take care of aesthetics and does not give a cheap or vulgar appearance. c) The Advertisements will be subject to the normal restrictions in respect of certain category of advertisements such as smoking, wines and alcoholic drinks, Gutka, Pan Masala, Bidi / Cigarette, having erotic background scenes, competitive advertisements from any Road Transport Companies/ Airlines and from Private

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Insurance Companies offering policies against Railway accidents. The advertisements should not propagate any religion or religious belief or have picture of the leaders of the particular sector religion. d) The advertisements should not have pictures of political parties and/or their leaders. e) Advertisements that are considered objectionable in the eye of Law or otherwise shall not be displayed. Advertisements prohibited under various acts and Laws of Central/State Governments and various Local Government Bodies shall not be displayed. There shall not be any sort of obscenity in the design and matter of advertisement material. The Contractor will be fully liable for any contravention in this regard and will be liable under the Law of the land.

ii. Conditions for Vinyl Wrapping on Coaches of Trains:-

a. Vinyl wrapping used and the process for sticking up the wrapping should be as per option B of RDSO specifications No. RDSO/2006/CG-13 (Revision-01) or latest for cast vinyl films. Advertisement shall be displayed in the form of wrapping of vinyl stickers/films/fleet graphics on the exterior surface of coaches. Such wrapping up of coaches shall be done without interfering with display of coaches numbers, class indication, zebra stripes, logo, coach indication boards, destination boards, space for pasting reservation charts, and any other Railway matter painted or pasted on the coach. The window, doors, emergency exit etc. should be excluded from the area for advertisement. To avoid peeling off of vinyl wrapping at the corners of the window of non AC coaches, side panel painted with air craft blue color underneath of windows may only be for advertisement through vinyl wrapping. To avoid peeling off o vinyl wrapping from the edge and corners, bordering of vinyl wrapping from the edge and end corners, bordering of vinyl wrapping using adhesive tape may be done. b. Advertisements should be displayed without spoiling the appearance of the train. Aesthetic and beautiful advertisements must be displayed. The name of advertising agency with the date of expiry advertising contract must be invariably put on the advertisement at least four locations on both side panel. c. The party should wrap vinyl stickers/films/graphics for the advertisement at his own cost with his staff under the supervision of the C & W staff. d. The technique adopted in wrapping of the exterior body of the coach with vinyl stickers/films/graphics should not interfere with the paint texture (gloss etc) while taking off the same. e. The licensee shall realign, re adjust, or shift the displays whenever called upon by the competent authority to do so at his own cost without claiming any compensation. f. In case of displays needs repairing and replacing due to wear and tear, the agency should take up the work at his own cost under supervision of C & W staff. It is the responsibility of licensee to ensure that display pasted should be good quality and should not damage the coaches. g. The licensee shall be solely responsible for any loss or damage to Railway property, Rail users or any other party arising out of any fire hazard caused by the materials used for advertisement. h. All advertisement activities like pasting or removing vinyl stickers/films/fleet graphics are sole responsibility of the licensee. i. The materials used for advertisement should withstand the process of washing of coaches with strong detergents/chemicals by manual or mechanical process. j. Day to day upkeep of the vinyl wrapping during the period of contract will be the responsibility of the advertisers, hence the staff of advertisers is permitted to involve in the washing of the coaches during the primary maintenance at the stabling yards with the co ordination of staff of coaching depot. And removal of unauthorized posters and adhesives marks from side/end panels of the rake is the responsibility of the advertising party. k. In case licensee desires to utilize to additional space/other media of advertisement, he shall obtain prior permission from the Railway Administration, if found feasible, the Railway Administration will permit such displays on payment of

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tender rates or higher rates to be decided by the Railway Administration at the time of granting the additional area. However there shall not be any extension in the validity period of contract. l. Railway Administration reserves the right to develop/create any media in the tendered area without infringing the earmarked areas under this tender. m. In the event of termination of the contract the licensee shall remove the advertisement material and equipment etc from the Railway premises within 7 days at his own cost from the date of receipt of intimation of termination notice. If the licensee fails to remove it within the period specified above, the Railway Administration shall be at liberty to dispose off the said material in any manner as deemed fit. n. Railway Administration will not give guarantee for the integrity of composition of coaches during the running of the train. If any of the wrapped coach is detached from the rake for any reasons and later attached to any other train not covered in the contract, then that coach shall have to be unwrapped within 7 days of attachment to uncovered train otherwise as per penalty clause of this tender document shall be imposed on contractor. The party may take up the work of wrapping on replacement coach only after 7 days of attachment to rake without claiming non-display period or compensation or running of coach in non awarded train. o. The licensee should ensure that the torn/damaged vinyl wrappings should be attended immediately during maintenance of the rake at coaching depot so that the coaches do not give shabby looks at any time. For this purpose, the licensee should depute his staff for regular checkups of coaches on daily basis duly issuing identity card to the employee from Sr.DCM/BB. Adequate penalty will be imposed on the contractor for failure to ensure the same. Penalty of Rs.100/- per coach irrespective of Number or size of wrapping defects will be imposed every time such a coach is noticed during inspection by Railway Administration of a ready rake. Railway Administration may also, if it decides so, take up the work of removal at the cost of contractor for such defects along with adequate penalty. p. Railway Administration shall not be held responsible for any damage/defacement or theft of the display film/stickers caused during maintenance or due to any other reason whatsoever. q. The Railway Administration will have the right to alter the pattern of train services, i.e. change in timings, change in destination and originating stations and linking of rakes etc. r. If the Railway Administration adds additional coaches to the train on permanent basis or for seasonal period, the licensee should wrap these coaches for the ascertained period in order to make the train uniform looks. For these additional coaches, the licensee has to pay the license fee proportionately. s. If the Railway Administration reduces any coach from the composition of the train on the administrative grounds, no compensation shall be payable to the licensee except the refund of proportionate amount of advertisement charges if the vinyl wrappings are removed. t. Contractor should keep record of coaches taken over for vinyl wrapping viz coach No. and return date and should invariably remove the vinyl wrappings from the coach prior to 15th day of return date & bring it to original shape before sending to workshop for POH. If the party fails to comply with this condition, the Railway Administration will take up the work of removal at the cost of contractor and adequate penalty as decided by the Railway will be recovered from the contractor or deducted from the security deposit. After POH is completed the contractor shall once again wrap the coach with the vinyl stickers/films/fleet graphics before the coach is put back in service at his own cost, alternatively he may be allotted replacement coach. The licensee is not eligible for any kind of compensation or damage during this non-display period on account of POH. Railway is not responsible to give any kind of intimation regarding return date of a coach to licensee.

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u. At the end of contract the licensee should ensure removal of displays without damaging the coaches. The contractor will remove vinyl stickers/films/graphics along with traces of all residual adhesive and ensure that the coach is returned in its original condition & texture immediately after expiry of period of the contract (certainly within 24 hours). If the party fails to comply with this condition, the Railway Administration will take up the work of removal at the cost of contractor and adequate penalty as decided by the Railway will be recovered from the contractor or deducted from security deposit. v. In the event of any failure on the part of the other advertiser to remove the vinyl wrappings and return the coaches in its original texture, the security deposit and bank guarantee will be forfeited and en-cashed. Further in case of any damage to the coaches and Railway assets, Railway will levy appropriate penalty. w. The licensee shall pay and clear any demand of advertisement tax/cess from appropriate civil authority and the Railway Administration is not liable either for payment of Tax/Cess. x. The successful tenderer shall comply with all the provisions of any statute applicable for time being in force including any amendments and rules made there under. 6. TERMINATION:

i. The Railway Administration reserves the right to terminate the contract fully or partially, without assigning any reason / reasons at any time, by giving notice of not less than THREE MONTHS and the Contractor shall not be entitled to any damages or Compensation by reason of such termination other than the proportionate abatement of license fee for the period of non display. ii. The licensee is also permitted to foreclose his contract by giving notice of not less than THREE MONTHS. iii. In case the Licensee fails to start the work within the given validity period and is not willing or responding to continue, the paid rental charges will be forfeited and the contract will be terminated. iv. In case of breach of any of the conditions mentioned herein the agreement shall be liable to be terminated summarily without assigning any reasons and the decision of the Senior Divisional Commercial Manager in this regard will be final and binding on the licensee. In that event, the security deposit of the licensee shall be forfeited. 7. COMPENSATION or REFUND:-

i. If for any reason the Administration is not able to honor the whole/part of contract and considers it necessary to cancel the who le cont rac to r to reduce the scope o f the tender on Ra i lway account no compensation will be payable for such cancellation or reduction, except refund of the proportionate amount of license fee due to the contract, without any interest. No appeal against this decision will be entertained. ii. The Railway Administration shall not be responsible for any loss or damage caused to the contractor due to total or partial discontinuance of display of the advertisement under the agreement for any reasons whatsoever.

8. PENALTY CLAUSE:-

a. If the Licensee displays advertisements without prior permission from the Railway administration, the licensee is liable to pay appropriate penalty as decided by the competent authority on the merit of the case and after giving opportunity of being heard to the contractor.

b. The Railways reserve the right to impose the penalties in the event of failure on part of the contractor as under.

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i. Any licensee`s staff found drunk/indulging in bad conduct after proper charge investigation. ii. Any staff of the licensee found creating nuisance on duty. iii. Torn/damaged vinyl wrappings are not attended immediately giving shabby appearance to a coach. iv. Any other reason found necessary. c. Railway Administration reserves right for deduction of Railway Dues from the contractor`s security deposit on the following grounds: i Any amount imposed as a fine by Railway Administration for irregularities committed by the contractor. i i Once an amount unde r t h i s c l ause i s deb i t ed , t he con t ra c to r sha l l r e imbur se t he amount t o t he s ecu r i t y depos i t t o t he ex t en t o f t he amount i s deb i t ed w i th i n 15 day s pe r i od f a i l i ng wh i ch i t w i l l be t r ea ted as b reach o f ag reement .

9. PENAL INTEREST FOR DELAYED LICENSE FEES:-

The license fees shall be paid in advance on half yearly / quarterly basis before commencement of respective period. Licensee shall have to pay 12% interest for the delayed payment for delayed days. However, if License Fees is not received in full till the expiry of period, the contract shall be summarily terminated and Security Deposit will be forfeited.

10. ADDRESSES FOR CORRESPONDENCE:

The correspondence and documents relating to the tender should be sent to Senior Divisional Commercial Manager, DRM's Office, Ground Floor, Central Railway, Chhatrapati Shivaji Maharaj Terminus, Mumbai- 400 0 01.

11. INDEMNITY:-

i. The Contractor shall keep the Railway Administration indemnified and completely absolved of any risk damage or loss, however caused due to any kind of disturbances to their property or to their personnel under employment or otherwise engaged by them in discharge of their duties connected with the display of advertisement including claims under the Workmen's Compensation Act. The Railway Administration accepts no responsibility for any loss damage of advertising materials belonging to the contractor, no matter how so ever caused. ii. The contractor agrees to indemnify the Railway Administration against any loss or damage to the property of the Railway Administration and/or against any claims under any Act in force including workmen's Compensation Act made for the employee of the Railway Administration or any Third party for death, disablement or injury to persons whatsoever, arising out of or in any way of compensation, costs, charges or expenses in this connection shall be considered reasonable and shall be reimbursed by the contractor to the Railway Administration immediately on demand. iii. To indemnify Railway against contravention of laws by contractor. The contractor undertakes to indemnify the Railway against fine, penalty, costs etc. imposed on the Railway by any authority due to contravention of any law statute etc. of the State or Central Government or local bodies by the Contractor in the course of the contract by exhibiting any advertisements, which is contrary to such laws. iv. The Contractor shall comply with all relevant statute including Contract Labour (Abolition and Regulation) Act and Rules of Payment of Minimum Wages Act and other Labour Laws and keep the Railway Administration indemnified against any claims arising out of said act. v. No Railway facilities such as pass, concessional ticket consideration of employment in Railways will be available to Contractor's employees. The Contractor shall be fully responsible for the welfare of his employees. 12 DISPUTES/ARBITRATION:-

i. In the event of any question, dispute or difference arising under these conditions or in connection with this contract (except as to any matters the decision or which is specially provided for by these conditions) the same shall be referred to the sole arbitration of the Gazetted Railway Officer, Central Railway to be appointed by General Manager, Central Railway. The Gazetted Railway Officer to be appointed as Arbitrator, however, will not be one of those who had an opportunity to deal with the matters to which the contract

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relates or who in the course of his duties as Railway servant has expressed views on all of the matters under dispute or difference. The award of the Arbitration shall be final and binding on the parties to this contract. ii. In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the Court for any reason, it shall be lawful for the authority appointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in the manner aforesaid. iii. It is further a term of this contract that no person appointed by the authority as aforesaid should act as Arbitrator. iv. The cost of the arbitration shall be borne by the respective parties. The cost of a rb i t r a t o r sha l l inter alia include fee of the arbitrator, as per the rates fixed by the Railway Administration from time to time. v. Where the award is for payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made. vi. Subject as aforesaid, the Arbitration &. Conciliation Act 1996, and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause. vii. The venue of arbitration shall be the place from which the acceptance letter is issued/the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine. viii. In this section the authority, to appoint the Arbitration includes, i f there be no , whether in addition to other functions or otherwise. 13. The Railway Administration reserves the rights to develop, create and award any media without infringing the provided area/media of the licensee. 14. GST:- The contractor should pay the GST at the applicable rates on the license fee to the Railway Administration. 15. Licensee shall have to pay all cess/taxes/assessments and any other charges whatever payable or hereafter becomes payable to the Government, Municipality, in respect of display of advertisements and shall abide by the rule/law of land in force. 16. The licensee shall not assign, transfer, mortgage, and sublet the privilege conferred under this agreement. 17. Railway Administration shall not be liable for any loss or damage however caused to the employee/labor of the Licensee during the course of execution of work within Railway premises. 18. The Agency/Agent shall comply with all the provisions of Labor laws and rules made their under and will also comply with the provisions of the Railways Act, 1989 and the rules made under and any other laws and rules of Central Government, State Government, Local Authorities as may be applicable to this work.

15

ANNEXURE-I

Details of Passenger trains and DEMU/MEMU

Type of train Train nos No. of rakes No. of coaches DEMU 71095/96 and

71081/82 3 36

Passenger train 51027/28 51029/30 51033/34

2 38

74

16

ANNEXURE-II

Central Railway Mumbai Division

Tender Application

Tender Application for display of advertisements through Vinyl wrapping on coaches of Passenger, DEMU & MEMU trains on Mumbai Division of Central Railway.

Date:

To, The President of India,

(Acting Through) The Senior Divisional Commercial Manager, Central Railway,Mumbai Division,

C.S.M.T.Mumbai.

Dear Sir,

1) I/We _____________________________________________ hereby submit tender for display of advertisements through Vinyl wrapping on coaches of Passenger trains . 2) I/We have quoted the rates in Annexure-IV. 3) The offer has been accompanied with the relevant documents as per this Tender document. Signature of Tenderer/s

Name of Tenderer/s (In block letter)

Address:

17

,

ANNEXURE-III

CENTRAL RAILWAY MUMBAI DIVISION

Agreement Form

Tender No.BB.C.465.CP.TDR.Vinyl wrapping, Pass. DEMU &MEMU Trains.

Name of work:- Display of advertisements through Vinyl wrapping on coaches of Passenger, DEMU & MEMU trains on Mumbai Division of Central Railway. Date: To, The President of India,

(Acting Through) The Senior Divisional Commercial Manager,

Central Railway,Mumbai Division, C.S.M.T.Mumbai.

I/We____________________________________ have read the various conditions of

the tender attached herewith and agreed to abide by the said conditions. I/We agree to

keep this tender open for acceptance for a period of 90 days from the date fixed for

opening the same and also agree to honour/perform the contract being awarded, in

default thereof, I/We will be liable for forfeiture of my/our “Earnest Money Deposit”

and ready to forgo the license fee paid by invoking clause of Terms and Conditions of

Tender. We offer to take tender at the rates quoted in the attached Annexure-IV

I/We also hereby agree to abide by all the conditions of contract mentioned in this

Tender Document.

A sum of Rs.________________ towards EMD is herewith enclosed. The full value of

the earnest money shall stand forfeited without prejudice to any other right or

remedies in case my/our tender is accepted and if I/We do not make the payment

within the prescribed time limit, resulting in withdrawal of the offer of the acceptance

of the contract.

Acceptance of this tender shall constitute a binding contract between parties

subject to modifications, as may be mutually agreed to between parties and

indicated in the letter of acceptance of my/our offer for this work. The

contract shall be governed by the terms & conditions mentioned in tender

document

Signature of Witnesses: Signature of Tenderer/s

1.__________________ Name of Tender

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2.____________________ Address of Tenderer/s

Annexure-IV

CENTRAL RAILWAY MUMBAI DIVISION

Information in connection with the tender application for licensing rights for display of advertisements through Vinyl wrapping on coaches of Passenger, DEMU & MEMU trains originating from Mumbai Division. 1. Full Name of the

Applicant (In Block letters)

2. Place of business and full address

3. Place of residence of the applicant and address

4. Details of EMD

5. Offer for annual License Fees.

Rs.___________ (In figure) Rs.________________________________ __________________________(In words)

6. Details of experience of business in advertisement field.

7. Whether the applicant is individual or a joint firm/venture or a company.

8. Financial status of the applicant

9. Whether Income Tax payee / if so PAN / TIN number

10. Documents attached 1._________________________________

2.__________________________________

3._________________________________

4.__________________________________

5._________________________________

6____________________________________

(Signature) :__________________

(Name of the Tenderer) :__________________

Address :____________________________________

19

Contact No :__________________

Annexure V

Central Railway Mumbai Division

Specifications for Fleet Graphics Films for Advertising on Exterior of Indian

Railway Coaches (RDSO Specification No. RDSO/2006/CG-13 Rev-01).

1. Area of Application on Coaches:-

Area of application on coaches shall be the entire coach barring area windows, doors,

emergency exits and areas carrying mandatory markings of coach and other passenger

information boards/charts. The IR logo shall be applied in the centre of the coach

above the window.

2. General Requirements:-

The advertiser shall submit the following documents along with the tender for their

offers to be technically evaluated.

a) Authorization certificate in original as proof of being an authorized converter /

distributer of the graphic film manufacturer.

b) Printed/published technical data/ material safety datasheet/brochure of the product

(base film/inks/edge sealers/over laminates) proposed to be used along with test

certificate from a government accredited laboratory for the test mentioned in this

specification.

The advertiser should submit the following documentations along with sample before

starting supply and application to the concerned rolling stock engineer.

a) Warranty card from the manufacturer of graphic film in original specifying all test

for durability and weathering and environmental exposure for the films used with

photograph of applied graphic.

b) Work test certificate in original from the manufacturer of the film.

c) Manufacturer of base film and finished product (giving the manufacturing plan

details).

d) Film material including production certificate of conformance.

e) Film colour/pigmentation and / or print colour.

20

f) Adhesive designation and group.

g) Sealing materials and sealing method.

h) The class (adhesive film, print, sealing) with production tolerances.

i) Glow degree and weathering behavior.

j) Characteristic values as specified in this specification.

K Type of product marking.

l) The keeping of the specific values determined in the specification must be proved by

presenting the test certificate from a government accredited laboratory.

m) The film removal procedure.

n) An undertaking to follow all safety precautions at the work site.

3. Operating Conditions for Graphics:-

i. Ambient conditions:

The graphics shall perform satisfactorily under the following conditions.

a) Ambient temperature: - -4 deg. C to 50 deg. C

Altitude: Sea level to 2500 m

Max. Sun Temperature: - 70 deg. C

Relative humidity: - 40% to 100%

b) Rainfall is fairly heavy.

c) During dry weather the atmosphere is likely to be dusty.

f) Coaches operate in coastal area with continued exposure to salt laden air.

ii. Maintenance Conditions:-

The coach exteriors are cleaned with mildly acidic cleaning agents using brush with

non-metallic bristles or automatic car washing paints.

4. Technical Requirements of Graphics Film-Option-B (for long term

application above six months and one year).

The graphic film will consist of three layers namely the base film (PVC), adhesive layer

and release liner. The completed film should be over laminated and edge sealed.

a) Base film will be cast PVC film having thickness not more than 50 microns.

Plasticizers and other additives materials must not merge or exude. The films shall

21

not include any materials having harmful effect on painted surfaces, human beings

and environment.

b) The film shall be white in colour with whiteness index of 100 to 90 as per test

method ASTM E 313.

c) Thickness: The nominal thickness of the unprinted film including adhesive shall be

between 0.080 mm to 0.130 mm. The test procedure for measuring thickness is

ASTM D 3652.

Requirements for Adhesives:-

a) The adhesive shall stick, without the use of an activator such as solvents or heat, on

any metallic and non-metallic, polished and clean surfaces, free from any grease or

silicone without producing wrinkles, rolling up tearing or detaching.

b) The adhesive should be of gray color acrylic base. The gray color adhesive will

provide good hiding power so that color of the coach does not affect the printed

graphic colors and they appear vibrant.

c) The adhesive should have features of controlled adhesive release, which will protect

the paint of coach. After the release liner has been removed, the films having

controlled release adhesive shall be able to slide freely on the substrate before its final

installation. Film can be positioned and finally applied by squeezing out permanent

adhesive using a nylon molded squeeze without using any activator such as solvent or

heat.

d)The graphics film should have inbuilt air channels in the adhesive layer to ensure

release of air bubbles during application which will result in fast application and the

same should be clearly marked on the backing liner as controlled release type.

Requirements For Release Liner:-

a) The release liner protects the adhesive against dirt contamination and prevents the

film from unintended agglutination.

b)The release liner will be paper coated with polyethylene on both sides to have the

resistance to moisture and solvent during printing and application.

C)In addition, the adhesive power of the release liner shall not be so strong that the

adhesive detaches on removal of the release liner.

Requirements For Printing Of Base Films To Convert In To Graphics:-

22

a)Films shall be printed with digital printing technology with eco-friendly low emission

solvent links.

b)The graphics has be printed with printing resolution of the minimum of 360 dpi by

760 dpi to maximum of 720 dpi by 1440 dpi (Dots/inch).

c)The printing inks shall be approved by the manufacturer of the graphics film and

should carry a comprehensive warranty for maximum of 2 yrs against any kind of

fading of colors and cracking.

Requirements Of Edge Sealing Of Printed Graphics:-

a)Edge sealing is required on the edges of the vinyl to give protection against peeling

of the graphics films and preventing damages of the graphics films against vandalism.

b)The edge sealing material shall be clear acrylic/PU resin applied on all the overlap

joints of the film and the end edges of the film with at least 4mm footprint covering

2mm both the exposed edges.

Requirements Of Over Laminate:-

a)The surface of the graphics films shall be over laminated in an appropriate way in

order to guarantee the resistance against operating stress and weather, acids, alkalis,

salt solutions, scratch and tear from foreign objects.

b)The graphics film should have an over laminate supplied by the same manufacturer

of the graphics film. The over laminate should be a PVC film with attractive glass finish

and should be UV stabilized, which is to be tested to ASTM G152 for protection against

deterioration and fading.

c)Over laminate should be applied on the printed graphics as per recommendation by

the manufacturer of the graphics film after the printing has been done on the graphics

films.

Characteristics Of Finished Graphics Prior To Application:-

a)Thickness:-The film thickness shall be not more than 0.150mm+/-15% with sealing

and print color. The test procedure for measuring thickness is ASTM D 3652.

b)Gloss Value:-The minimum gloss value shall be 70 achieved at 60 degree measured

be less than 30 at 60 degree measured by gloss meter as per ASTM D 523.

c)Durability & weathering Resistance:-The graphic films shall be durable &

resistant of weathering for at least one year in permanent outdoor-exposure. No kind

of detachment, cracks, bubbles of similar effects shall occur during the applied state.

The supplier shall submit proof of test from reputed independent laboratory (Govt

Accredited) of accelerated weathering. UV and environmental exposure as per ASTM G

152 using xenon arc/QUV panel machines at 0.63 nanometer UV A lamps with 4 hour

condensation and 4 hour UV exposure for min of 250 hrs. Post cycle specular gloss

value, delta E color change.Visual discoloration has to be reported. The color changes

23

should not be more than delta E=3, measured by approved photo spectro

densitometer.(The instrument measures color value).

d)Adhesive Power:-

The films shall stick on any metallic and non-metallic surface free from grease and

silicone without producing wrinkle, rolling up, detaching or tearing. The adhesive power

shall be between 17 N-25 N as per clause 16.1

e)Flammability:-The graphic film should fall under min. Class B when tested as per

UIC 564-2QR Appendix 12.

f)Temperature Resistance:-The film shall be resistant to temperatures between 10

Degree C and +100 degree C without any visible changes such as detachment cracks

,bubble formation and color changes. This property is to be tested as per clause 16.3.

g)Dimensional Stability:-The shrinkage of the graphic films after application shall

not exceed 0.2%.This is to be tested as per clause 16.4.

h)Resistance To Detergents:-The graphic films shall be resistant to detergents used

by the IR for exterior cleaning of the coaches. The surface of the sealed film shall not

soften and the color and the adhesive power shall not change. The same applies to

surface softening and to all kind of detachments(waves, bubbles, etc).This should be

tested as per clause 16.5.

i)Wash And Attrition Resistance:-The graphic films shall not suffer any visible color

and gloss changes, detachments, cracks, bubbles ,etc during external coach washing in

accordance with IR field practices. Furthermore the films shall not expand. The graphic

films along with over laminate shall not show any visible color and gloss changes when

tested as per ASTM D 1044 using cleaning solution as per clause 16.5.

j)Marking Of The Product:-i)For identifications the accepted finished products shall

be clearly marked with capital letters having height of more than 50mm either by

printing, stamping or needle perforation.

ii) The marking should consist of the date of manufacture (Month and Year for

example(12/04)of the finished product as well as manufacturer of the base material.

Application Of Graphics;-

a)Applications of Graphics have to be done using recommended application tools as

mentioned by the manufacturer of the graphic film. The applicator has to show

experience/training certificate of doing similar application on any moving vehicle by the

manufacturer of the graphic film.

24

b)Application of the graphic film has to be done on the surface without using any soap

solution and water.(Dry application to make faster application and protect the paint of

the coach).

c)The application tool should be a nylon moulded squeeze with low friction sleeve,

which will prevent scratches on the graphics, and a nylon rivet brush with wooden

handle to apply graphics on the rivets.

Removal Of Films:-a)The time taken for removal of previous graphic & application of

new graphic films should not be more than three hours per coach.

b)The removal of the applied film should not be tedious. The removal should be done

usind a hot air blower but the temperature should not exceed 70 degree C. In case any

film adhesive residue is observed after removal the residue should be possible to

remove by use of ISO propel alcohol and lint free cloth.

c)The removal in no way should damage the painted surface of the coach. The

advertiser shall be liable for damaged evident after removal of the film. The coach

should be returned the same condition as it was handed over initially.

d)The advertiser shall be responsible for removal of the film at the time of termination

of contract. The security deposit may accordingly be retained till time of termination of

the contract.

Testing The Graphic Film:-a)Adhesive Power:-The adhesive power shall be tested

as per ASTM D 3330 procedure-A for 180 deg peel strength on a standard test panel of

Stainless Steel, conditioned as per ASTM D 4332 at a peel of velocity of

360mm/minute.

b)Controlled Release Adhesion:-This shall be tested visually for presence of air

channels on the adhesive side of the base film after the removal of release liner.

c)Temperature Resistance:-Two test specimens 25mmx200mm are stuck on to

testplates of stainless steel, polished to a completely plain surface and are

subsequently stored at standard reference atmosphere. The specimens are subjected

to temperature changes for seven cycles-each comprising of 8 hours of-10 deg C and

16 hours of 90 deg C.

d)Dimensional Stability:-Four 160mmx160mm test specimens are stuck on to

degreased

and etched aluminum plates with the dimension of 150x150x8mm and are stored for

72 hours in standard reference atmosphere. The projecting test specimen is then cut

with a sharp knife9razor blade)along the test plate. Afterwards, the test specimens are

stored at 70 deg.C and are then cooled down for 2 hours in standard reference

atmosphere of 23+/-1 deg. C and 50% relative humidity. Measurement of the

shrinkage at two measuring points in longitudinal and transverse directions should be

done.

25

e)Resistance Against Detergents:-The test is to be carried out with low test

solutions with duration of test 24 hrs.

‘A’ Solution: ‘B’ Solution:

40% phosphoric acid

15% emulsifying agent

455 water(distilled)

10% Fatty alcohol polyethylene glycol

ether-10% Sodium cumene sulphonate

(40% solution)(-5%NTA liquid (40%

solution) Trilon A, BASF-

5%,Triehtapolamine-20%

Totally demineralised water-60%

Emulsifying agent: Oleyl-stearlyl alcohol mix(with iodine value 50)with 10 mol ethylene

oxide. Max application concentration for test solution A and B 1:4 respectively.

Packing: Cut films are to be dispatched, bundled up and securely packed in cardboard.

Other graphics are to be rolled up on a cardboard roll/tube with the film side on the

outside and shall be dispatched under safe transit.

Guarantee And Replacement:-a)The time period of guarantee should be 1 yr for

stuck films.

b)The supplier shall replace all the graphics rejected on final acceptance due to their

noncompliance with the requirements and those product that show deficiencies during

the time period of guarantee by products complying with the requirements within a

period of six weeks.

c)The warranty for the printing ink should be available with the manufacturer/printer

of the graphic film from the ink supplier.