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ATAL INDORE CITY TRANSPORT SERVICES LIMITED, INDORE (AICTSL) RFP for Stop... · Page 1 of 40 ATAL INDORE CITY TRANSPORT SERVICES LIMITED, INDORE (AICTSL) TENDER DOCUMENT Request for

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  • Page 1 of 40

    ATAL INDORE CITY TRANSPORT SERVICES LIMITED, INDORE (AICTSL)

    TENDER DOCUMENT

    Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT

    stations, ibus interior and city buses interior for a period of 3 Years

    October, 2015

    To be submitted to:

    MANAGING DIRECTOR

    ATAL INDORE CITY TRANSPORT SERVICES LIMITED

    Plot No. 30, Residency Area, A.B. Road,

    Opp. M.G.M. College, Indore - 452001

    Ph.: +91-731-2499888, 2904488

  • Page 2 of 40

    Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses

    interior for a period of 3 Years

    HAS BEEN ISSUED BY THE MANAGING DIRECTOR, ATAL INDORE CITY TRANSPORT SERVICES LTD, INDORE

    TO________________________________________________________ ON DATE______________, ON RECEIPT

    OF RS. 5,000/- (RS. FIVE THOUSAND ONLY) BY DEMAND DRAFT NO...........................DATED......................................

    (RECEIPT NO. ________________________________________________________________)

    CHIEF EXECUTIVE OFFICER,

    ATAL INDORE CITY TRANSPORT SERVICES LTD, INDORE

  • Page 3 of 40

    DISCLAIMER FOR TENDER DOCUMENT

    ATAL INDORE CITY TRANSPORT SERVICES LIMITED (herein after called the Authority) has prepared this

    document solely to assist prospective Bidders in making their decision of whether or not to bid. While Authority

    has taken due care in the preparation of information contained herein and believes it to be accurate, neither

    the Authority or any of its authorities or agencies nor any of their respective officers, employees, agents or

    advisors gives any warranty or make any representations, express or implied as to the completeness or

    accuracy of the information contained in this document or any information which may be provided in

    association with it.

    This information is not intended to be exhaustive and interested parties are required to make their own

    inquiries that it may require in order to submit this bid. The information is provided on the basis that it is non

    binding on Authority, any of its authorities or agencies or any of their respective officers, employees, agents or

    advisors.

    Authority reserves the right not to proceed with the bidding process at any stage without assigning any reasons

    thereof, or to alter the timetable reflected in this document or to change the process or procedure to be

    applied. It also reserves the right to decline to discuss the bid further with any party submitting a bid.

    No reimbursement of cost of any type will be paid to persons or entities submitting the Bid. The Tender

    document is available for bidding. The bidder has to submit through Demand Draft/Pay Order or by cash a

    sum of Rs. 5,000/- in favour of Atal Indore City Transport Services Limited, Indore, towards cost of Tender

    Document. Earnest money is Rs. 50,000/- (Fifty Thousand) for the ibus stops and Rs. 30,000 (thirty thousand)

    for the ibus and Rs. 40,000 (Forty thousand) for City buses separately for the tender.

    The bidders are requested to continuously update themselves through AICTSL website

    (http://www.citybusindore.com/showtender.aspx ) for all updates on the tender such as addendums,

    replies to queries, postponement of tender schedules etc. No claims or compensation will be entertained

    on account of the bidder having not read/noticed the updates, etc. For further information, bidders can also

    contact the CEO, AICTSL.

    http://www.citybusindore.com/showtender.aspx

  • Page 4 of 40

  • Page 5 of 40

    Cost of Document Rs. 5,000/- (Non refundable) Demand Draft should be drawn on any Scheduled commercial bank in favour of Atal Indore City Transport Services Limited, Indore. Do not tamper, alter or change the contents of the document. If at any time it is found that the document has been tampered, altered, modified or changed, necessary applicable action, including legal will be taken against the said party, besides forfeiture of all submissions to Atal Indore City Transport Services Limited, Indore.

    INSTRUCTIONS TO BIDDERS

    1. Bidders are to quote their rates as mentioned in Performa of financial bid Annexure 4.

    2. Bidders are required to read carefully the contents of this document.

    3. Bidders are to complete the tender form and provide all the other documents/information in sufficient detail. The completed tender application form and other documents must be prepared and submitted in original, and must be so marked.

    4. All documents must be in English language and each page of the Tender Application Form must be duly completed. Each page of the tender document must be signed, numbered & stamped as a token of acceptance of the terms & conditions of the Contract. Any unsigned and unstamped document will not be considered.

    5. Only the successful bidder will be informed of the result. The bidder hereby acknowledges and agrees that AICTSL will not be obliged to discuss any aspect of the tender process.

    6. Bidders should note clearly the last date and time of submittal of the tender applications. No late or delayed applications will be accepted. Bidders are reminded that no supplementary material will be entertained by AICTSL. However AICTSL may, if necessary, at its sole discretion ask for any clarification regarding the submitted tender and/or other documents.

    7. Bidders and/or successful bidder who are/is found to have made any misleading or false representations in the tender including any statements, attachments, document, Performas & annexure submitted as proof of the requirements, shall be disqualified.

    8. The bidder shall Supply, Install and publish the advertisement on the LED screens at the ibus stops. All the cost shall be borne by the agency against the hardware, installation, operation, & maintenance of the LED screens.

    8. The successful bidder shall have to ensure the following within 15 days of issue of letter of acceptance to avoid cancellation of acceptance.

    I. Performance guarantees which is 5% of the total value of the contract of one year.

    II. Advance payment of 40% of the Gross License Value of the year of the Successful bidder.

  • Page 6 of 40

    DIRECTIONS TO THE BIDDERS REGARDING ADVERTISING MEDIA

    1. The bidders shall quote the Gross License Value (GLV) ibus stop (defined in Section 1 clause 1.2 of

    this document) that they would like to bid for, separately.

    2. The successful bidder for each corridor section after the receipt of Letter of Acceptance from AICTSL

    shall pay 40% of the GLV of the year quoted to AICTSL. This payment shall be mandatory.

    Proportion of GLV to

    be paid

    Deadline for payment of GLV of one year

    40% of the yearly

    quoted amount

    After issue of Letter of Acceptance from AICTSL, and strictly before

    signing of the agreement

    30% of the remaining

    amount

    Just after the 5 months of the first payment of the year

    30% of the remaining After the 4 months of the second payment of the year.

    3. The advertising structures / media shall be structurally sound and maintained in good and properly

    secured condition.

    4. The licensee shall be responsible for any injury or damage caused to or suffered by any person or

    property arising out of or relating to the advertising structures and the consequential claim or

    claims shall be borne by the licensee who will also indemnify and safeguard the AICTSL in respect of

    any such claim or claims. The successful bidder shall submit Risk Insurance Policies (including third

    party liability) safeguarding any kind of injury or damage arising out of the structures / media entire

    contract period signing of the agreement.

    5. The tenure of the contract shall be for next three years from date of Work order.

    6. For the interior of the buses the payment to be made on a per bus basis to AICTSL by agency.

  • Page 7 of 40

    TABLE OF CONTENTS

    SECTION 1: PROJECT BACKGROUND .................................................................................... 10

    1.1 INTRODUCTION ................................................................................................................. 10

    1.2 DESCRIPTION OF SITES ....................................................................................................... 10

    1.3 Description and Quantity of Advertisement Media for the different locations and ibus

    and the scope of the agency .......................................................................................................... 12

    SECTION 2: GENERAL TERMS AND CONDITIONS ................................................................... 14

    2.1 QUALIFICATION CONDITIONS ............................................................................................ 14

    2.2 ASSIGN ABILITY AND ENCUMBRANCES.............................................................................. 14

    2.3 STATUTORY CLEARANCES .................................................................................................. 14

    2.4 RIGHT TO REJECT TENDERS ................................................................................................ 14

    2.5 MISREPRESENTATION / FRAUD/ BREACH OF TERMS AND CONDITIONS .......................... 15

    2.6 EARNEST MONEY DEPOSIT AND INTEREST FREE PERFORMANCE SECURITY ..................... 15

    2.7 PROPOSAL PREPARATION COST......................................................................................... 16

    2.8 VALIDITY OF OFFER ............................................................................................................ 16

    2.9 DISPUTES ............................................................................................................................ 16

    2.10 COMMUNICATION WITH AICTSL ....................................................................................... 18

    SECTION - 3: TENDERING SCHEDULE .................................................................................. 19

    3.1 PREPARATION AND SUBMISSION OF PROPOSAL ............................................................... 19

    3.2 PAYMENTS TO AICTSL ........................................................................................................ 19

    3.3 LANGUAGE AND CURRENCY .............................................................................................. 20

    3.4 SEALING AND MARKING OF PROPOSALS ........................................................................... 20

    3.5 BIDDERS RESPONSIBILITY ................................................................................................... 20

    3.6 MODIFICATION OF THE PROPOSAL.................................................................................... 21

    3.7 OPENING OF BIDS .............................................................................................................. 21

    3.8 EVALUATION OF PROPOSAL............................................................................................... 22

  • Page 8 of 40

    3.9 ACCEPTANCE OF THE OFFER .............................................................................................. 22

    3.10 EXECUTION OF LICENSE AGREEMENT ................................................................................ 23

    3.11 AMENDMENT OF TENDER DOCUMENT ............................................................................. 23

    3.12 UNSUCCESSFUL BIDDERS ................................................................................................... 23

    3.13 Penalty ............................................................................................................................... 23

    3.14 Deduction of Dues ............................................................................................................. 24

    3.15 Joint Inspection .................................................................................................................. 24

    3.16 Repeated violation to result in cancelation ....................................................................... 25

    3.17 Power to waive fines .......................................................................................................... 25

    3.18 License to be non-transferable .......................................................................................... 25

    3.19 Compliance of statutory /labour laws/tAXES .................................................................... 25

    3.20 All other laws to be applicable ........................................................................................... 25

    3.21 Selection of Advertisements .............................................................................................. 25

    3.22 Indemnification of AICTSL against loss/damages .............................................................. 26

    3.23 Prior approval of AICTSL before fixing ............................................................................... 26

    3.24 Some reserved Rights ........................................................................................................ 26

    3.25 SURRENDER/TERMINATION OF LICENSE ........................................................................... 27

    3.26 SUBLETTING OF RIGHTS ..................................................................................................... 27

    3.27 Prevention of Defacement ................................................................................................. 27

    3.28 Force Majeure .................................................................................................................... 27

    3.29 Assets ARE OF THE AGENCY AFTER COMPLETION OF CONTRACT ..................................... 28

    3.30 Assets to become property of AICTSL Upon PREMATURE TERMINATION ........................ 28

    3.31 Notices ............................................................................................................................... 28

    SECTION 4: ANNEXURES ...................................................................................................... 29

    Annexure 1: COVERING LETTER ........................................................................................ 29

    Annexure 2: POWER OF ATTORNEY BY THE BIDDER IN FAVOUR OF DESIGNATED PERSON (S)

    IN CASE THE BIDDER IS NOT A SOLE PROPRIETOR ..................................................................... 31

  • Page 9 of 40

    Annexure 3: FORMAT FOR PERFORMANCE GUARANTEE .................................................... 33

    Annexure 4: FINANCIAL PROPOSAL FORMAT .................................................................... 37

  • Page 10 of 40

    SECTION 1: PROJECT BACKGROUND

    1.1 INTRODUCTION

    Atal Indore City Transport Services Limited, Indore has decided to float a tender under the said policy for Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT

    stations, ibus interior and city buses interior for a period of 3 Years

    1.2.1 The licensee can install all the structures for advertisement mentioned under this tender document as detailed in clause 1.2 & 1.3 of Section 1 for a period of 3 (Three) years as per following detail.

    a. Signing of Contract Agreement within 15 days from the date of u n c o n d i t i o n a l

    a c c e p t a n c e o f Letter of Acceptance (LOA) issued by AICTSL.

    b. Period of construction of advertisement structures will be three months from the date of signing of

    agreement or three months & fifteen days from the date of u n c o n d i t i o n a l a c c e p t a n c e o f

    Letter of Acceptance (LOA) issued by AICTSL whichever is lesser.

    c. Period of contract will be Three years from the expiry of construction period as mentioned in Section-

    1.2.1(b). Year-1 of the contract shall be up to 12 calendar months from the commencement of the period

    of contract. Year-2 of the contract shall start on the day after the last day of Year-1, and Year-3 shall start

    on the day after the last day of Year-2.

    Duration:

    License period shall be for Three years as per following detail.

    a. Signing of Contract Agreement within 15 days from the date of u n c o n d i t i o n a l a c c e p t a n c e

    o f Letter of Acceptance (LOA) issued by AICTSL.

    b. Period of construction of advertisement structures will be three months from the date of signing of

    agreement or t h r e e months fifteen days from the date of u n c o n d i t i o n a l a c c e p t a n c e o f

    Letter of Acceptance (LOA) issued by AICTSL whichever is less.

    c. Period of contract will be Three years from the expiry of construction period as mentioned in Section-

    1.2.1(b).

    1.2 DESCRIPTION OF SITES 1.3.1 The site locations are as follows:

    The BRTS Pilot Corridor on AB Road from Niranjanpur Circle to Rajiv Gandhi Square of 11.5km has 20 median bus stations and two side station. The LED display screens have to be installed inside the ibus stations only. The LED display screens shall also be installed in the ibuses which are now 37 in numbers and limit to 60 ibus in future. Total number of city buses are 82 in numbers as of now and limit to another 25 buses in future. The LED screens to be installed in the spare bus as well since the bus could run in case of any maintenance. Also the price to be quoted for the entire fleet.

  • Page 11 of 40

    The list of the stations is mentioned as below:

    S.No Name of the

    Station Number

    of Screens Size Specifications

    1 Niranjanpur ibus

    stop 2

    46 " Diagonal

    As per annexure A

    2 Scheme No. 78 ibus

    stop 2

    46 " Diagonal

    As per annexure A

    3 Shalimar Township

    ibus stop 2

    46 " Diagonal

    As per annexure A

    4 Satya sai Ibus bus

    stop 2

    46 " Diagonal

    As per annexure A

    5 Vijay Nagar ibus

    stop 2

    46 " Diagonal

    As per annexure A

    6 MR-9 ibus stop 2 46 "

    Diagonal As per annexure A

    7 Press complex ibus

    stop 2

    46 " Diagonal

    As per annexure A

    8 LIG ibus stop 2 46 "

    Diagonal As per annexure A

    9 Industry House

    ibus stop 2

    46 " Diagonal

    As per annexure A

    10

    Palasia ibus stop (2 LED per stop and option is with the agency to install

    the amber or multicolor LED)

    4 4*3

    Amber color LED display with multi

    information mode.(Optional, if

    agency can also install the color LED and

    security should be of the agency)

    11 Geeta Bhawan Ibus

    stop 2

    46 " Diagonal

    As per annexure A

    12 AICTSL ibus stop 2 46 "

    Diagonal As per annexure A

    13 Shivaji Vatika Ibus

    stop 2

    46 " Diagonal

    As per annexure A

    14 GPO ibus stop 2 46 "

    Diagonal As per annexure A

    15 Indira Pratima ibus

    stop 2

    46 " Diagonal

    As per annexure A

    16 Navlakha ibus stop 2 46 "

    Diagonal As per annexure A

  • Page 12 of 40

    17 Holkar college ibus

    stop 2

    46 " Diagonal

    As per annexure A

    18 Bhawarkuan ibus

    stop 2

    46 " Diagonal

    As per annexure A

    19 Vishnupuri ibus

    stop 2

    46 " Diagonal

    As per annexure A

    20 Mata Gujri ibus

    stop 2

    46 " Diagonal

    As per annexure A

    21 Rajeev Gandhi ibus

    stop 2

    46 " Diagonal

    As per annexure A

    1.3 DESCRIPTION AND QUANTITY OF ADVERTISEMENT MEDIA FOR THE DIFFERENT LOCATIONS AND IBUS AND THE SCOPE OF THE

    AGENCY

    1. Agency has to install the smart LED screens in the ibus stops by own. This includes the wiring, cabling, separate MCB connection and other safety and backup equipments for the proper operation of the displays.

    2. The agency needs to connect/ integrate the display with the tracking system of AICTSL ibus so that real time display could be shown on the screen.

    3. The agency has to install the Passenger announcement system at the stations which shall be integrated with the PIS system for the public information.

    4. Agency has to be installing a separate system/Computer at the control for the PAS and PIS system.

    5. For buses the agency needs to install the smart LED screen of 26 " Diagonal at the back side of the driver seat.

    6. The voice inside the buses for media is allowed inline integration with the GPS system. Agency on its cost needs to record the voice file as per the requirement of AICTSL on the ibus stations PAS system.

    7. No. of 4 speakers on one ibus stop to installed which are to be under the Db limit.

    8. Maintenance of the system to be done by the agency and agency has to be taking its own responsibility of any damage.

    9. Agency shall install the necessary equipment for the real time information of Ibus at the ibus stops.

    10. All the charges against the operation shall have to be borne by the agency.

    11. LED screen shall be of the brand which is being used by any govt. department from last minimum 1 year satisfactorily.

    12. AICTSL reserves the right to ask for the change in the LED screen if required.

    13. In case of non operational buses above then 2 days the agency could submit the report in every 7 days and the same shall be verified by AICTSL officials. AICTSL decision shall be final in the case and as per the same the invoice shall be generated by AICTSL to the agency.

  • Page 13 of 40

    Important Notes:-

    1. The licensee shall construct structures for advertisement only on the earmarked sites by AICTSL.

    Any violation shall result in immediate cancellation of the contract without any prior notice.

    2. Concessionaire to incur all expenses: The Concessionaire shall incur all expenses related to

    installation, erection, Civil Construction, Electrical Installation of the media and Structural design of

    all media designed by qualified Structural Engineer to be approved by AICTSL.

    3. Under No circumstances AICTSL shall bear any charges related to the installation and erection and

    maintenance of the media. The Concessionaire shall have to get the structural plans approved by

    the structural consultant/Engineer of good repute duly approved by AICTSL, at his own cost.

    4. The bidder shall after a detailed site visit shall assess the structural stability/ capability of the

    existing infrastructure to take the proposed advertising material loads to ensure safety and stability

    of the spaces and the infrastructure provided to the bidder during the entire contract period.

    5. AICTSL reserves the right of any other media / advertisement in the spaces identified in future.

    6. 25% space shall be left overall for the AICTSL services branding and Real time display for the ibus

    service at the stops.

    7. The costing of the structure shall be borne by the bidder and liability of same lies with the bidder.

    8. The site shall returned in as it is condition after three years and if any mishandling is done than the

    agency is liable for the penalty as decided by the CEO, AICTSL. CEO, AICTSL reserves the right to

    wave off or apply the penalty on the agency.

    9. The insurance of the materials shall have to be made and borne by the agency/ contractor.

    10. All the local taxes are to be borne by the agency. AICTSL shall not be liable for any taxes.

    11. Any damage to the AICTSL structure has to be taken care by the agency and the agency shall repair at its own cost. AICTSL can impose the penalty of any delay in the repair of any damage done.

    12. The electric connection and supply shall have to be arranged by the agency at his own cost. AICTSL shall assist the agency for the same.

    13. All the rights are reserved with AICTSL for the allotment of the advertisement rights.

    14. The agency has to follow the instructions from AICTSL time to time as communicated.

    15. The data from the information system shall have to be integrated from the existing GPRS/ GPS system of AICTSL.

    16. AICTSL shall depute a official for the assistance for the integration.

    17. Agency has to clarify with the AICTSL officials about the week planning of schedules on the routes to ensure the coordination.

    18. AICTSL will not be responsible of any theft, etc of the hard ware in the buses. The agency shall have to ensure the same.

    19. With the increase in the fleet the installation of the LED screen shall be done. Rest agency has to

    pay the rate quoted in the financial bid to AICTSL.

  • Page 14 of 40

    SECTION 2: GENERAL TERMS AND CONDITIONS

    2.1 QUALIFICATION CONDITIONS

    The bidder can be a Proprietor, partnership firm, registered co-operative society, public or private limited

    company incorporated under the provisions of Indian Companies Act, 1956. The bidder should be legally

    competent to enter into contract as per prevailing laws.

    The agency should have minimum of 2 projects of similar kind of work. ( Only after passing the technical

    criteria the financial bid shall be opened). The agency needs to submit the proof of the experience.

    The agency has to submit the ITR returns for last three financial years.

    2.2 ASSIGN ABILITY AND ENCUMBRANCES

    2.2.1 The successful bidder (Licensee) shall not assign any of its rights or interest in this License Agreement in favour of any company/person(s) at any time and for any reasons whatsoever.

    2.2.2 Under no circumstance, the sites shall be mortgaged, charged or otherwise any lien (including negative lien), charge or encumbrance be created or agreed to be created in favor of any person, including Lenders I Financial Institution(s) / Banks etc.

    2.3 STATUTORY CLEARANCES

    2.3.1 The licensee shall comply with and abide by the judgments passed from time to time by the Honble Supreme Court of India or the Honble Madhya Pradesh High Court having hearing upon the subject of display of advertisement. Instructions issued by AICTSL for complying with such judgments have to be followed by the Licensee. If any location conflicts with any judgments or any provision of any law the licensee may seek an alternative location from AICTSL. In case of any dispute regarding charging of license fee for the affected period the decision taken by the Managing Director, Atal Indore City Transport Services Limited, Indore shall be final and binding on the Licensee. No claims or compensation or damages whatsoever will be entertained by AICTSL on this account.

    2.3.2 The licensee will be fully responsible for the aesthetic maintenance of all the Structure for advertisement, installed by him. All Structure for advertisement to be put up shall have to comply with standard safety norms. No claims or compensation or damages whatsoever will be entertained by AICTSL on this account.

    2.4 RIGHT TO REJECT TENDERS

    2.4.1 AICTSL reserves the right to reject any / all tenders including the highest tender or withdraw the site of the tender at any stage without assigning any reasons. Nothing contained herein shall confer right upon a bidder or any obligation upon AICTSL.

    2.4.2 No claims or compensation or damages whatsoever will be entertained by A ICTSL on this account.

  • Page 15 of 40

    2.5 MISREPRESENTATION / FRAUD/ BREACH OF TERMS AND

    CONDITIONS

    If it is discovered at any point of time that the bidder has suppressed any fact or given a false statement or has done misrepresentation or fraud or has violated any of the terms of this bid, the bid will be cancelled by the AICTSL. In such an event, the bidder will not be entitled to any compensation whatsoever, or refund of any other amount paid by him.

    2.6 EARNEST MONEY DEPOSIT AND INTEREST FREE PERFORMANCE

    SECURITY

    2.6.1 The Bidder shall submit an interest free Earnest Money Deposit (EMD) of Rs. 50,000.00 (Fifty

    thousand only) for the ibus stations and Rs. 30,000 (Thirty thousand only) for ibus and Rs.

    40,000 (fourty thousand) for city buses separately in the form of Demand Draft / Pay Order i n

    favor of Atal Indore City Transport Services Limited, Indore, drawn on any scheduled

    commercial bank acceptable to AICTSL and payable at Indore, along with the bid (Envelope-1).

    2.6.2 Any offer, which is not accompanied by the requisite Earnest Money Deposit, shall be rejected

    outright.

    2.6.3 The EMD submitted by the successful Bidder may be adjusted against the performance security.

    2.6.4 The EMD of the other bidders shall be returned in accordance with clause 3.12.1.

    2.6.5 The EMD shall however be forfeited in the following cases:

    a) If the bidder withdraws its proposal (offer) during the interval between the Proposal

    Due Date and expiration of the Proposal Validity Period;

    b) If the successful bidder fails to unconditionally accept the Letter of Acceptance in

    writing, within the time specified in this document, or any extension thereof granted

    by AICTSL;

    c) If the successful bidder fails to sign the License agreement and/or make the performance

    security within the time specified in this document, or any extension thereof granted by

    Atal Indore City Transport Services Limited, Indore.

    2.6.6 Interest Free Performance Security

    The successful bidder shall have to deposit the Performance security @ 5% of the contract amount

    ( contract amount shall include the GLV of ibus stations (Yearly) and the yearly calculated amount

    of the ibus) & (Yearly calculated amount of city bus interior) for the entire contract period of 3

    years in the form of Bank guarantee as specified format as annexure 3 in favour of Atal Indore City

    Transport Services Limited, Indore drawn on any scheduled commercial nationalized bank

    acceptable to AICTSL .

    2.6.7 The said Performance Guarantee has to be renewed by the successful bidder and shall be kept valid

    till the 3 months after the License Period. The Performance Security would however be forfeited in

    case of any Event of Default/ breach of agreement/tender conditions as described in the Draft License

    Agreement or anywhere else.

    2.6.8 The Bank Guarantee shall remain in full force and effect during the period that would be taken for

    satisfactory performance and fulfillment in all respects of the contract i.e. till satisfactory

    commissioning of the buses at consignee's On the performance and completion of the contract in all

  • Page 16 of 40

    respects including warranty period, the Bank Guarantee will be returned to the contractor without any

    interest and upon submission of no claim certificate.

    2.6.9 As and when an amendment is issued to the contract, having an impact on amount and validity of

    Performance security the contractor shall, within fifteen days of the receipt of such an amendment

    furnish to the Purchaser an amendment to the Bank Guarantee rendering the same valid for the

    contract as amended.

    2.6.9 The Bank Guarantee and or any amendment thereto shall be executed on a stamp paper of

    requisite money value in accordance with the laws applicable in India by the party competent to do

    so.

    2.6.10 Bank Guarantee shall be in force upto 3 months beyond the contract period.

    2.7 PROPOSAL PREPARATION COST

    The Bidder shall be responsible for all the costs associated with the preparation of its Proposal

    and its participation in the bidding process, including all types of due diligence in the process.

    A I C T S L will not in any way be responsible or liable for such costs, regardless of the conduct or

    outcome of bidding.

    2.8 VALIDITY OF OFFER

    2.8.1 The Proposal shall remain valid for a period not less than One hundred and twenty ( 120) days

    from the date of opening of financial bid (Offer Validity Period). AICTSL reserves the right to reject

    any Proposal that does not meet this requirement. Validity of proposal shall be extended for a

    specified additional period at the request of AICTSL.

    2.8.2 A bidder agreeing to the request will not be allowed to modify the proposal, but would be

    required to extend the validity of its EMD for the period of extension.

    2.9 DISPUTES

    2.9.1 All disputes between the successful bidder and AICTSL shall be settled as per the Dispute

    Resolution procedure elaborated below. During the bidding process no dispute of any type

    would be entertained. Where AICTSL asks for additional information from any bidder, the same

    cannot be adduced as a reason for citing any dispute.

    2.9.1.1 Conciliation

    Any dispute or claim arising out of or relating to the License agreement or breach of any terms

    or conditions of the License Agreement shall first be attempted to be settled by Conciliation as

    per arbitration & conciliation Act 1996.

    Except where otherwise provided for in the License Agreement, all questions and disputes arising

    between the parties pertaining or relating to License Agreement directly or indirectly

    connected with License Agreement shall in the first place be referred to a sole conciliator to be

    appointed by Managing Director, Atal Indore City Transport Services Limited, Indore. There will

    be no objections if the conciliator so appointed is an employee of AICTSL.

    The conciliator shall make the settlement agreement after the parties reach agreement and

    shall give an authenticated copy thereof to each of the parties.

    The settlement agreement shall be final and binding on the parties. The settlement agreement

  • Page 17 of 40

    shall have the same status and effect as an arbitration award.

    The views expressed or the suggestions made or the admissions made by either party in the

    course of conciliation proceedings shall not be introduced as evidence in any arbitration

    proceedings.

    Any dispute that cannot be settled t h r o u g h conciliation procedure shall be referred to

    arbitration in accordance with the procedure given hereafter.

    The parties agree to comply with the awards resulting from arbitration and waive their rights

    to any form of appeal insofar as such waiver can validly be made.

    2.9.2 Arbitration 2.9.2.1 Arbitration Procedure

    If the efforts, to resolve all or any of the disputes through conciliation fail, then such a dispute shall be

    referred within 30 days from conclusion of conciliation process to a Sole Arbitrator who would be

    nominated by Managing Director, Atal Indore City Transport Services Limited, Indore. The arbitration

    and conciliation act 1996 as amended from time to time will be applicable. The venue of such

    arbitration shall be at Indore. The award of the sole Arbitrator shall be binding on all parties. The cost

    of Arbitration shall be borne by the respective parties. There will be no objections if the sole arbitrator

    nominated or appointed is an employee of AICTSL.

    2.9.2.2 Place of Arbitration

    The place of arbitration shall be Indore.

    2.9.2.3 English Language

    The request for arbitration, the answer to the request, the terms of reference, any written

    submissions, any orders and awards shall be in English and, if oral hearings take place, English

    shall be the language to be used in the hearings. The award shall be made in writing.

    2.9.2.4 Enforcement of Award

    The Parties agree that the decision or award, which shall be a speaking order, resulting from

    arbitration shall be final and binding upon the Parties a n d shall be enforceable in accordance

    with the Provision of the Arbitration and Conciliation Act 1996 subject to the rights of the

    aggrieved parties to secure relief from any higher forum.

    2.9.2.5 Performance during Arbitration

    The Arbitration Proceedings shall be governed by Indian Arbitration and Conciliation Act 1996,

    as amended from time to time including provisions in force at the time the reference is made.

    Pending the submission of and/or decision on a Dispute and until the arbitral award is published,

    the Parties shall continue to perform their respective obligations under this Agreement without

    prejudice to a final adjustment in accordance with such award.

    The courts at Indore shall have the sole exclusive jurisdiction to try all the cases arising out of

    this agreement.

    Notices

    That any notice under the terms of this License shall be in writing by registered post or delivered

    personally and signed by the party or his/its duly authorized representative giving such notice.

  • Page 18 of 40

    All activities including day to day management, billing, termination etc. will be carried out from

    the office of the Managing Director, Atal Indore City Transport Services Limited, Indore or by his

    duly authorized representative. Notice shall be addressed as follows:

    If to AICTSL at

    Managing Director Atal Indore City Transport Services Limited, 30, Residency Area,A.B.Road, Opp. M.G.M. College, Indore 452001

    If to the LICENSEE, at Address as given by licensee in tender document.

    2.10 COMMUNICATION WITH AICTSL

    2.10.1 Communication/correspondence to AICTSL will be done by a nodal member of licensee, throughout the

    license period. Nodal member shall be duly authorized by the Licensee. CEO, AICTSL is the final authority

    for any decision or approval.

  • Page 19 of 40

    SECTION - 3: TENDERING SCHEDULE

    3.1 PREPARATION AND SUBMISSION OF PROPOSAL

    Bids should be submitted in the forms prescribed under this section and relevant annexure in

    Section 4.

    3.1.1 Completed proposals shall be accepted only upto 1500hrs on scheduled date in the office of Managing

    Director, Atal Indore City Transport Services Limited, Indore who at his sole discretion, retains the right,

    but is not obligated to extend the Proposal Due Date, by issuing an Addendum.

    3.1.2 Bidders shall furnish the information strictly as per the formats given in Section 4 of this document and

    without any ambiguity. AICTSL shall not be held responsible if the failure of any bidder to provide the

    information in the prescribed formats results in lack of clarity in interpretation and consequent

    disqualification (Financial Bid, Envelope-2).

    3.1.3 All proposals/bids/offers shall be signed by the duly Authorized Signatory of the Bidder. Bidders shall

    submit a supporting Power of Attorney authorizing the Signatory of the Proposal to commit the Bidder

    and agreeing to ratify all acts, deeds and things lawfully done by the said attorney.

    3.1.4 The proposal shall be initialed on each page by the Authorized Signatory in acceptance of all terms and

    conditions of this tender. All the alterations, omissions, additions, or any other amendments made to

    the Proposal shall also be initialed by him.

    3.1.5 All witnesses and sureties shall be the persons of status and probity and their full names and addresses

    shall be stated below their signature. All signatures in the Proposal documents shall be dated.

    3.1.6 Bidders are required to submit only one set of the Proposal, including the Original TENDER DOCUMENT

    issued to them signed on each page in acceptance of all terms and conditions of this tender. Any

    individual, firm or company which submits or participates in more than one Proposal for the said project

    shall be disqualified and shall also cause the disqualification of all the Consortia in which it is a Member.

    All the bidders will be sent clarifications to queries, till the stipulated date. The queries received

    after the prescribed date will not be entertained by AICTSL. All the bidders are requested to

    monitor the AICTSL website for the same.

    3.2 PAYMENTS TO AICTSL

    3.2.1 The successful bidder for each corridor section after the receipt of Letter of Acceptance from AICTSL shall pay 40% of the GLV quoted to AICTSL for the ibus stations. This payment shall be mandatory.

    Proportion of GLV to

    be paid

    Deadline for payment of GLV of one year

    40% of the yearly

    quoted amount

    After issue of Letter of Acceptance from AICTSL, and strictly before

    signing of the agreement

    30% of the remaining

    amount

    Just after the 5 months of the first payment of the year

    30% of the remaining

    amount

    After the 4 months of the second payment of the year.

  • Page 20 of 40

    And the monthly quoted amount of the buses(as per the fleet size) on the 05th

    of every month shall be

    paid to AICTSL.

    3.2.2 Any delay in payments in the preceding clauses shall entail payment of interest @18% per annum on the

    amount outstanding, for the days of default. Delays beyond 30 days of the due dates for recurring

    payment, milestones will be treated as Licensee Events of Default. In such an eventuality AICTSL retains

    the right to forfeit Performance Security and claim damages from the licensee and even terminate the

    agreement as mentioned in the Performance Security clause of the Draft License Agreement.

    3.2.3 Every year there shall be increase in the license value by 12%. And the same shall be applicable by the

    end of one year of contract and added to the license fees of next year.

    3.2.4 The cycle shall be strictly followed by the agency for every year and upto 3 years.

    3.3 LANGUAGE AND CURRENCY

    3.3.1 The Proposal and all related correspondence and documents shall be written in English language.

    3.3.2 The currency for the purpose of the Proposal shall be the Indian National Rupee (INR).

    3.4 SEALING AND MARKING OF PROPOSALS

    3.4.1 The Proposals shall be sealed, marked and submitted as explained below:

    a) Envelope No.1 shall contain the Earnest Money Deposit and shall be marked as Earnest Money Deposit. If the RFP document used by the bidder is downloaded, the cost of the document (Rs.5, 000/-) shall also be paid by the bidder in the form of Demand Draft. This Demand Draft shall also be enclosed in Envelope No.1.

    The bidder shall also provide following documents in along with Envelope No.1.

    I. Letter of application. (Annexure 1)

    II. Power of Attorney. (Annexure-2)

    III. Original Tender Document duly signed (on each page) by an authorized representative as a token of acceptance of all terms and conditions

    b) The Bidder shall seal the Financial Proposal (as per Section-4) in a separate Envelope No. 2 duly marked as FINANCIAL BID. Financial bid shall be in the format as given in the Annexure -4 of this tender document in section 4. The Outer envelope shall be addressed to:

    Managing Director Atal Indore City Transport Services Limited, 30, Residency Area, A.B. Road, Opp. M.G.M. College, Indore 452001

    3.4.2 If the envelopes are not sealed and marked as instructed above, AICTSL assumes no responsibility for the misplacement or premature opening of the Proposal submitted.

    3.4.3 Any Proposal received by AICTSL after 15.00 hrs on the Due Date will be liable to rejection.

    3.5 BIDDERS RESPONSIBILITY

    3.5.1 It would be deemed that prior to the submission of Proposal, the Bidder has made a complete and careful examination of:

    a. The requirements and other information set forth in this Tender document.

    b. All the sites, existing facilities, encumbrances on every site and structures, access roads and

    mailto:@15%25

  • Page 21 of 40

    utilities in the vicinity of every site.

    c. All other matters that might affect the Bidders performance under the terms of this TENDER DOCUMENT, including all business potential, risks, costs, liabilities and contingencies associated with the project and that proposals/ bids/offers have been signed by the bidder or the duly authorized signatory of the bidder.

    3.5.2 AICTSL shall not be liable for any mistake or error or neglect by the Bidder in respect of the above. Proposals that are not substantively responsive to the requirements of this TENDER DOCUMENT will be rejected.

    3.6 MODIFICATION OF THE PROPOSAL.

    3.6.1 Proposal shall not be modified or withdrawn by the Bidder after the due date and time of submission of the Proposal.

    3.7 OPENING OF BIDS

    3.7.1 The Technical bids received shall be opened by a Committee constituted by the Managing Director, Atal Indore City Transport Services Limited, Indore in the presence of the bidders at 3:30 pm on scheduled submission date, unless intimated otherwise. The date for opening of financial bids shall be intimated in advance to the technically qualified bidders.

    3.7.2 AICTSL reserves the right to reject any Proposal and forfeit the EMD, if

    a) It is not signed, sealed and marked as stipulated in Clause 3.4.

    b) The information and documents have not been submitted as requested and in the formats specified in the tender document.

    c) There are inconsistencies b e t w e e n t h e Proposal a n d the supporting documents.

    d) It does not mention the validity period as set out in Clause 2.8.

    e) It provides the information with material deviations, which may affect the scope or performance of the Project.

    f) There are conditions proposed with the Technical and/or Financial Proposals.

    3.7.3 A material deviation or reservation is one:

    a. which affects in any substantial way, the scope, quality, or performance of the Project, or

    b. which limits in any substantial way, inconsistent with the TENDER DOCUMENT, AICTSLs rights or the Bidders obligations, or

    c. This would affect unfairly the competitive position of other Bidders presenting substantially responsive bids.

    No request for modification or withdrawal shall be entertained by AICTSL in respect of such Proposals.

  • Page 22 of 40

    3.8 EVALUATION OF PROPOSAL

    The evaluation will be done in 2 stages as explained below

    3.8.1 In stage-I, the EMD and Cost of RFP document (if applicable) in Envelope 1 shall be first checked.

    Proposals without the appropriate EMD, and Cost of RFP document (if applicable) will be rejected.

    Thereafter, Envelope 2 containing the financial proposal submitted by the Bidders will be opened. All

    bidders passing stage-I of evaluation shall be treated at par for evaluation of Financial Bids.

    3.8.2 The financial bids in Envelope 2 of only those bidders who have passed in stage-I of the evaluation shall

    be opened by AICTSL in presence of the nominees of the bidders. Bidders shall be ranked H1, H2, H3,

    etc. in decreasing order of their financial offers. The selection will be on the basis of the highest Gross

    License Value (H1) for the said work as per Clause 3.2. The Gross License Value for ibus stations & ibus

    interior LED screen shall be tabulated individually, and bidders shall be ranked H1, H2, H3 etc. for each

    of these locations. The financial shall be evaluated as an whole.

    Note: Even if only a single bid is received, AICTSL retains the right to open his financial bids and

    award the project.

    3.8.3 AICTSL would have the right to review the Proposals and seek clarifications where necessary. The

    response from the Bidder(s) shall only be in writing but no change in the substance of the Proposal

    would be permitted. It is clarified that bidders are free to make suggestions but are not allowed to

    submit any conditional bid as specified earlier.

    3.8.4 Financial Proposals of Bidders who do not qualify the Stage-I of evaluation will not be opened.

    3.8.5 AICTSL reserves the right to reject any tender if it is of the opinion that the bidder lacks the expertise,

    experience and is not in possession of requisite infrastructure required for the purpose of the project.

    The discretion of the competent authority of AICTSL in this respect shall be final and binding on all

    bidders.

    3.9 ACCEPTANCE OF THE OFFER

    3.9.1 AICTSL shall issue Letter of Acceptance (LOA) to the successful H1 bidder.

    3.9.2 The selected bidder is required to send their unconditional acceptance of LOA within seven (7) days from the date of issue of LOA.

    3.9.3 AICTSL shall retain the right to withdraw the LOA in the event of the selected bidders failure to accept the LOA unconditionally within the limit specified in the above clause. In this event, AICTSL shall forfeit the EMD of the selected bidder. Conditional acceptance of LOA will also lead to forfeiture of EMD.

  • Page 23 of 40

    3.10 EXECUTION OF LICENSE AGREEMENT

    3.10.1 The successful bidder is required to sign the License Agreement within 15 days of conveying their unconditional acceptance of the LOA to AICTSL in writing. But prior to signing of the Agreement, the Bidder must satisfy the following conditions, AICTSL shall not execute the License Agreement until these conditions have been satisfied.

    i. The Bidder has submitted the requisite Performance Security to AICTSL.

    ii. The B i d d e r has submitted certified true copies of all resolutions adopted by its/their B o a r d of Directors authorizing it/them for execut ion , d e l i v e r y a n d performance of this Agreement to AICTSL before the signing of this License Agreement.

    iii. The Bidder has paid 40% of the Gross License Value for the first year of contract period as quoted.

    iv. The bidder has to deposit the one month advance of the premium quoted for the LED screen on buses.

    3.10.2 Failure to meet these conditions will result in a breach and AICTSL shall be entitled to cancel the award without being liable in any manner whatsoever to the Bidder and to forfeit the EMD and any other amount deposited till that time as Damages.

    3.10.3 The cost of stamp duty for execution of License Agreement, registration charges and any other related Legal Documentation charges and incidental charges will be borne by the successful bidder.

    3.10.4 In case of failure to sign the License Agreement within the stipulated time, AICTSL shall retain the right to cancel the Award and forfeit the bidders EMD and any other amount deposited till that time without being liable in any manner whatsoever to the Bidder.

    3.11 AMENDMENT OF TENDER DOCUMENT

    3.11.1 At any time prior to the Last date for its submission, AICTSL may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the TENDER DOCUMENT through the issuance of Addenda. This will be sent in writing to all the Bidders and shall be binding upon them. These will be uploaded on AICTSL website. Bidders are required to AICTSL website frequently for updates and amendments.

    3.11.2 In order to give the Bidders reasonable time in which to take an Addendum into account, or for any other reason, AICTSL may, at its discretion, extend the Proposal Due Date.

    3.12 UNSUCCESSFUL BIDDERS

    3.12.1 EMD received from all the short-listed unsuccessful bidders after the evaluation shall be returned within a period of 120 (One hundred and twenty) days from the date of opening of financial bid, and returned thereafter signing of agreement whichever is earlier, without payment of any interest

    3.13 PENALTY

    Licensee will be penalized up to Rs.10, 000/- per offence by AICTSL in addition to any other criminal liability under any law of Govt. of India or Govt. of Madhya Pradesh on the following offense:

  • Page 24 of 40

    a. Late payment of AICTSL dues including interest accrued due to late payment. The licensee must deposit license fees of the quarter in advance by the due date. No excuse of non/late receipt of bill/invoice will be entertained as the payment schedule is clearly mentioned in the contract.

    b. Not following the instructions of the A I C T S L regarding Advertisements even after 10 days from the date of issue of notice.

    c. Any staff of licensee found in drunken condition/indulging in bad conduct.

    d. Any staff of the licensee found creating nuisance on duty

    e. Sticking of stickers or hanging of banners or any other form of presentation other than allowed.

    f. Improper maintenance defacement of the advertisement, hanging of wires etc.

    g. Dishonor of drafts and Cheques given by Licensee in favour of AICTSL.

    h. Misbehavior with staff of AICTSL.

    i. Not following safety and security norms as may be indicated by authorised representative of AICTSL.

    j. Not following instructions issued by AICTSL from time to time and other violations of the contract agreement.

    k. Using of additional area without prior approval of AICTSL.

    l. No free passes shall be issued to the staff of licensee to travel in the BRTS and if found ticketless the same shall be penalized.

    3.14 DEDUCTION OF DUES

    AICTSL reserves the right for deduction of AICTSL dues from Licensees security amount on the following grounds:

    a) Any amount imposed as a fine by AICTSL for irregularities Committed by the Licensee.

    b) Any amount which AICTSL becomes liable to the Government /Third party on behalf of any default of the Licensee or any of his/her/their servant/agent/ employees or staff.

    c) Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf.

    d) Any other outstanding amount.

    Once the amount under this c lause i s debited, the Licensee shall reimburse t h e security deposit to the extent the amount is debited within 15 days of such debit by AICTSL (Licensor) failing which it will be treated as breach of agreement and may lead to termination of agreement with forfeiture of all amounts including interest free security deposit in favour of AICTSL.

    3.15 JOINT INSPECTION

    Periodical joint inspections will be conducted by AICTSL with the Licensee and in case of any discrepancy or beaches of instructions issued by AICTSL, the AICTSL reserves the right to impose fine of Rs.2,000/- (Rupees Two thousand only) per irregularity.

  • Page 25 of 40

    3.16 REPEATED VIOLATION TO RESULT IN CANCELATION

    For repeated violation of instructions, breach of agreement, AICTSL has the right to cancel the agreement at the risk and cost of the Licensee, including forfeiture of interest free Security deposit.

    3.17 POWER TO WAIVE FINES

    The power to waive fines and penalty vests with Managing Director, Atal Indore City Transport Services Limited, Indore or his authorized representative.

    3.18 LICENSE TO BE NON-TRANSFERABLE

    The license for Advertising rights is not transferable.

    3.19 COMPLIANCE OF STATUTORY /LABOUR LAWS/TAXES

    3.19.1 The Licensee shall comply with all the provisions of Statutory laws, Labor Laws regulation in force including but not limited to the Contract Labor (Regulation &Abolition) Act, 1976, any subsequent amendment thereof and the rules made there under. Licensee will indemnify the AICTSL for any loss and damages suffered due to violation of its provision.

    3.19.2 Taxes and Duties means all taxes (including road tax, property taxes ) duties, fees etc. payable under the Applicable Laws in connection with the project.

    For removal of doubts, it is hereby clarify that for the purpose of this clause all dues regarding

    taxes includes all taxes levied or to be levied by the Central Government, State Government, Local

    bodies any other Government agency or private individuals and such taxes will be payable by the

    licensee. The list given in the clause is an illustrative list and not the exhaustive list which also

    includes vat tax works contracts tax etc.

    3.19.3 The Licensee shall bear the service tax as may be applicable from time to time.

    3.19.4 The Indore municipal corporation advertising tax shall not be applicable on this tender.

    3.20 ALL OTHER LAWS TO BE APPLICABLE

    The Licensee shall comply with all applicable laws of land, including Pollution Control Board guidelines and AICTSL cant be held liable for any change/modification in these laws which adversely affect this tender. No claim or compensation on this account will be entertained.

    3.21 SELECTION OF ADVERTISEMENTS

    The Licensee shall take into account the following aspects while selecting advertisements:

    1. The advertisement is prohibited from carrying information or graphic or other items relating to alcohol and tobacco products. The licensee shall conform to all the provisions of COTPA Cigarettes and Other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, as amended from time to time.

  • Page 26 of 40

    2. The bidder should adhere to all applicable & relevant clauses from the Delhi Outdoor Advertisement Policy 2008 (Finalized as per the directions of the Honble Supreme Court). You may please download the same document from the mentioned URL : http://www.cpcb.nic.in/upload/NewItems/NewItem_119_Delhi_outdoor_advt_policy2008.pdf

    3. The advertisement is prohibited from carrying information or graphic to alcohol and tobacco products.

    4 The advertisement will have no objectionable and indecent portrays of people, products or any items. The advertisements should not hurt the sentiments of any group or groups of the society.

    4. Political advertisements are not allowed.

    5. The use of AICTSLs name, logo or title without the licensors prior permission is strictly prohibited. No co-branding with the Licensor is allowed, without prior permission.

    3.22 INDEMNIFICATION OF AICTSL AGAINST LOSS/DAMAGES

    Fixing arrangements should be such that these should not damage the structures. Any loss or damage caused due to this to any mens property or life, the licensee will be solely responsible and liable to fine/penalty as per actual. The licensee must take third party insurance cover, the licensee agrees and undertakes to indemnify and hold the AICTSL(licensor) harmless against any and all liabilities, Losses, damage, claims, expenses suffered by the AICTSL (licensor) as a result of not taking such insurance cover by the licensee. The licensee shall also strictly abide by any safety guidelines as may be issued by AICTSL from time to time.

    3.23 PRIOR APPROVAL OF AICTSL BEFORE FIXING

    The fixing structures for advertisements and the advertisement thereon be placed should have the prior approval from AICTSL at all times before fixing /placing these at the approved sites by the licensee.

    3.24 SOME RESERVED RIGHTS

    a.) The bidders should understand, comprehend and also agree that AICTSL reserves the right to issue changes, modifications to the terms and conditions, revise the document altogether or even cancel or put on hold the tender process by open announcement before the date and time of submission of the tender. I/we agree voluntarily not to contest this issue or seek any claim or compensation on this account.

    b.) Licensee shall comply with and abide by the judgments passed from time to time by Hon. Supreme Court/High Court or any other judicial/quasi judicial body of the country.

    c.) The bidders shall not ask for any claim o r seek any compensation from AICTSL if any advertisement spaces are not permitted due to any restrictions imposed permanent/temporary by the court or civil authorities. In such cases licensee may seek for alternative bare spaces in confirmation with any restrictions imposed permanent/temporary by the court or civil authorities.

    d.) Atal Indore City Transport Services Limited, Indore reserves the right to in identify new additional sites of any kind/nature in any manner to put advertisement on them in future for which separate tenders will be invited.

    http://www.cpcb.nic.in/upload/NewItems/NewItem_119_Delhi_outdoor_advt_policy2008.pdfhttp://www.cpcb.nic.in/upload/NewItems/NewItem_119_Delhi_outdoor_advt_policy2008.pdf

  • Page 27 of 40

    e.) Defaulters of payment in old agreement of outdoor media sites of Atal Indore City Transport Services Limited, Indore, will not be allowed to participate in this tender.

    3.25 SURRENDER/TERMINATION OF LICENSE

    If the licensee wants to surrender the contract he will be allowed to do so after giving 3 (three) months notice. AICTSL reserves the right to terminate the contract/license by giving one months notice for termination. In both the situations the performance security of the licensee will stand forfeited. The unused license fee for the rest of the year will also not be refunded. Part surrender or termination of license will not be accepted and termination will be considered for the full license. On termination by AICTSL or surrender by licensee, all the advertisement media and structure will automatically become the property of AICTSL.

    3.26 SUBLETTING OF RIGHTS

    At no time subletting of rights for advertisement to any other party / other advertising agencies /outdoor agencies or out of home advertising agencies would be permissible under this agreement.

    3.27 PREVENTION OF DEFACEMENT

    The Successful bidder of this tender will be responsible to stop any kind of defacement by way of illegal hoardings, banners/posters or by any other mean of illegal advertisement on Govt. buildings / Properties otherwise he shall be responsible to remove the same at his own cost.

    3.28 FORCE MAJEURE

    Neither AICTSL nor the LICENSEE shall be liable for any inability to fulfill their commitments and obligations hereunder occasioned in whole or in part by Force Majeure, Any of the following events resulting in material adverse effects hall constitute a Force Majeure Event

    a. Earthquake, flood, inundation, landslide;

    b. Storm, t e m p e s t , hurricane, cyclone, lightning, thunder or other extreme atmospheric disturbances;

    c. Fire caused by reasons not attributable to the Licensee;

    d. Acts of terrorism; and

    e. War, hostilities (whether war be declared or not), invasion, act of foreign enemy, rebellion, riots, weapon conflict or military action or civil war;

    f. Strikes or boycotts, other than those invo l v ing the Licensee, its contractors or their employees, agents, etc.; and

    g. Any other similar things beyond the control of the Party except Court Order/Judgment.

    Such Force Majeure occurrence shall be notified to the other party within 15 days of such occurrence. If such Force Majeure continues for a period of three months, the other party may be entitled to, through not being obliged to terminate this agreement by giving a notice o f one

  • Page 28 of 40

    week to the other party. Such Force Majeure occurrence shall be notified to the other party within 15 days of such occurrence. If such Force Majeure continues for a period of three months, either party may be entitled to, through not being obliged to terminate this agreement by giving written notice to such effect

    3.29 ASSETS ARE OF THE AGENCY AFTER COMPLETION OF CONTRACT

    At the expiry of tenure of 3 years all infrastructure / media developed as a part of this contract c o u l d b e t a k e n b y t h e a g e n c y . Till the period of the contract the agency has to keep the media with the good quality and good condition.

    3.30 ASSETS TO BECOME PROPERTY OF AICTSL UPON PREMATURE

    TERMINATION

    All infrastructure / media developed as a part of this contract will become the property of A I C T S L . Licensee is required to hand over all such facilities to A I C T S L in good working condition. The licensee shall not tamper with the same or change their configuration. In case of failure AICTSL reserves the right to seek exemplary damages and indemnification.

    If the LICENSEE fails to do so within a grace period of 30 days from the date of premature termination , because of any reason, of the License Agreement, the Licensee shall be deemed to be an unauthorized / illegal occupant of the said sites and will be liable to pay a penalty at a rate of thrice the prevailing license fee for the entire period of such occupation along with the applicable a n n u a l license fees. The security deposit of the licensee will stand forfeited in favor of AICTSL. Upon termination display of advertisement must be stopped immediately.

    3.31 NOTICES

    That any notice under the terms of this License shall be in writing by registered post or delivered personally and signed by the party or his/its duly authorized representative giving such notice. All activities including day to day management, billing, termination etc. will be carried out from the office of the AICTSL or by his duly authorized representative. Notice shall be addressed as follows:

    If to AICTSL at

    Managing Director Atal Indore City Transport Services Limited, 30, Residency Area,A.B.Road, Opp. M.G.M. College, Indore 452001

    If to the LICENSEE, at Address as given by licensee in tender document.

  • Page 29 of 40

    SECTION 4: ANNEXURES

    Annexure 1: COVERING LETTER

    Dated: .

    Managing Director,

    Atal Indore City Transport Services Limited,

    Plot. No. 30- Residency Area, A.B. Road,

    Opp. M.G.M. Medical College, INDORE 452001

    Ph. : +91-731-2499888

    E-mail - [email protected]

    Re: Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses interior for a period

    of 3 Years.

    Dear Sir,

    Attached to this letter is the authority regarding Power of Attorney appointing me/us as

    designated person(s) to make these representation for and on behalf of the bidder in respect

    of the proposal as per RFP bearing number_______ dated __________ 2014_____issued by

    AICTSL_____.

    For and on behalf of the bidder, I/we confirm:

    mailto:[email protected]

  • Page 30 of 40

    1. Our offer is in accordance with the terms and conditions of the RFP issued by AICTSL,

    and we agree to sign the Advertisement Agreement enclosed with the RFP, and we have

    initialed each page of it to convey our acceptance;

    2. That the offer contained in the proposal attached to this letter is a firm offer which will

    remain open for the proposal validity period referred to in the RFP, including any

    extension of the proposal validity period as may be agreed by us;

    3. That AICTSL may by written notice extend the period of proposal validity period and the

    proposal attached to this letter and the Bid Security below will remain in full force and be

    valid for that extended period as per provisions of the RFP;

    4. That the Bidder accepts the terms and conditions stipulated in RFP for the selection

    process and undertakes to perform its obligations accordingly; and

    5. That attached to this letter is the Bid Security along with all other documents and information

    as required by the RFP.

    Name:

    Title:

    Date:

  • Page 31 of 40

    Annexure 2: POWER OF ATTORNEY BY THE BIDDER

    IN FAVOUR OF DESIGNATED PERSON (S) IN CASE THE

    BIDDER IS NOT A SOLE PROPRIETOR

    Dated ---------

    POWER OF ATTORNEY

    TO WHOMSOEVER IT MAY CONCERN

    Shri ---------------------------------- (Name of the Person, domiciled at ----------------

    (Address) acting as --------------------------------- (Designation and name of the firm/ company),

    and whose signature is attested below, is hereby authorized on behalf of --------------- (Name of

    bidder) to negotiate and settle terms and conditions, finalize, approve, sign and execute

    agreements, documents, endorsements, writings, etc. as may be required by AICTSL for

    Engagement of Agency for Advertisement on A.B. Road BRTS stations for VED screens and for

    ibus interior LED screens Project in Indore in the State of Madhya Pradesh and is hereby

    further authorized to sign and file relevant documents in respect of the above.

    (Attested signature of Shri------------------------------ )

    IN WITNESS WHEREOF, we have hereunto set our respective hands this -------

    day of -------- 2012 in the presence of the following witnesses:

    Witness 1 Witness 2

    Signature ------------- Signature -------------

    Name -------------- Name --------------

    Address -------------- Address --------------

    We hereby ratify and confirm that all acts done by our attorney ----------------- (name of

    designated person) shall be binding on us as if same had been done by us personally

  • Page 32 of 40

    Signature --------------------- [signature of authorised signing officer]

    Name --------------------- [Name of authorised signing officer]

    Title --------------------- [Title of authorised signing officer]

    ----------------------------------------- [Name and Signature of the firm/Company]

    Note:

    1. The bidding firm needs to submit separate Power(s) of Attorneys for each designated person.

    2. Any change in the designated person(s) should be informed to _______ along with a similar Power of Attorney in favour of such person(s).

  • Page 33 of 40

    Annexure 3: FORMAT FOR PERFORMANCE GUARANTEE (To be issued by a Scheduled Banks Branch in ____________)

    (On a Non-Judicial Stamp Paper as per value applicable in _______________)

    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 its successors and assigns;

    In favour of, Atal Indore City Transport Services Limited, Indore having its registered

    office at Indore, having its registered office at ___________Indore, hereinafter referred to as

    AICTSL, which expression shall unless it be repugnant to the subject or context thereof

    include successors and assigns.

    A. By the Advertisement Agreement dated ------------------- (the

    Advertisement Agreement) entered into between AICTSL and M/s.

    _________, having its registered office at ----------------------- , hereinafter

    called the Company, the Company has been allotted

    advertisement rights A.B. Road, BRTS stations for VED screens and for ibus interior

    LED screens, India _____________________

    The provision of advertisement on _______________ for BRTS Project

    Indore.

    B. In terms of Clause [7.1 ] of the Request for Proposal (RFP) Document, the Company

    is required to furnish to AICTSL, an unconditional and irrevocable bank guarantee for

    an amount of .... as security for

    performance/ discharge of its obligation under the Advertisement Agreement

    (Performance Security).

  • Page 34 of 40

    C ue

    and punctual performance/ discharge by the Company of its obligations under the

    Advertisement Agreement.

    NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

    (1) The capitalized terms used herein but not defined shall have the meaning assigned to

    them respectively in the Advertisement Agreement.

    (2) The Guarantor hereby guarantees the due and punctual performance by the Company

    of all its obligations under the Advertisement Agreement and accepts that the decision

    of AICTSL, in this behalf shall be final, conclusive and binding on the Guarantor.

    (3) The Guarantor shall, without any protest or demur and merely on a demand by AICTSL,

    pay to AICTSL sums not exceeding in aggregate Rs.

    _________ (Rupees _______________ only), within five (5) days of receipt of a written

    demand therefore from AICTSL stating that the Company has failed to meet its

    performance obligations under the Advertisement Agreement. The Guarantor shall have

    no obligation to go into the veracity of any demand made by AICTSL and shall pay the

    amounts specified in the demand notwithstanding any direction to the contrary given or

    any dispute whatsoever raised by the Company or any other Person.

    (5) In order to give effect to this Guarantee, AICTSL 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 Advertisement Agreement or other

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

    postponement/non exercise/ delayed exercise of any of its rights by AICTSL or any

    indulgence shown by AICTSL to the Company 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 AICTSL or any

    indulgence shown by AICTSL provided nothing contained herein shall enlarge the

    Guarantors obligation hereunder.

    (6) This Guarantee shall be absolute, unconditional and irrevocable and shall remain in full

  • Page 35 of 40

    force and effect until discharged by the Guarantor of all its obligations hereunder.

    (7) This Guarantee shall not be affected by any change in the constitution or winding up of

    the Company/ the Guarantor or any absorption, merger or amalgamation of the

    Company/ the Guarantor with any other Person.

    (8) The Guarantor has power to issue this guarantee and discharge the obligations

    contemplated herein, and the undersigned is duly authorized to execute this Guarantee

    pursuant to the power granted under ______________.

    (9) The jurisdiction in relation to this Guarantee shall be the Courts at Indore and Indian law

    shall be applicable.

    (10) This Guarantee shall be released or discharged only by an express release letter issued

    by AICTSL.

    (11) The Guarantor hereby agrees that without the concurrence of the Guarantor, the Parties

    to the Advertisement Agreement shall be at liberty to vary, alter or modify the terms and

    conditions of the Advertisement Agreement and further agrees that its liability under this

    Guarantee shall in no manner be affected by such variation etc.

    (12) The Guarantor agrees that time is the essence of this Guarantee.

    (13) To give effect to this Guarantee, AICTSL may act as though the Guarantor were the

    principal debtor to AICTSL. AICTSL shall be entitled to proceed to institute proceedings

    against the Guarantor notwithstanding that no legal proceedings or recovery action is

    commenced simultaneously or even during the course of recovery proceedings against

    the Company. The postponement of action against the Company shall be a matter of

    the sole discretion of AICTSL and the Guarantor expressly agrees to such course of

    action and waives any objection thereto. The Guarantor accepts that the present

    guarantee is the prime security to AICTSL and the realizations from the Companys

    assets can be postponed by AICTSL till after the recovery of the amounts claimed or

    demanded from the Guarantor.

    (13) A certificate in writing signed by a duly authorized official of AICTSL shall be conclusive

    evidence against the Guarantor of the amount for the time being due to AICTSL from

    the Company in any action or proceeding brought on this Guarantee against the

    Guarantor.

  • Page 36 of 40

    (14) This Guarantee shall not be wholly or partially satisfied or exhausted by any

    payments made to or settled with AICTSL by the Company and shall be valid and

    binding on the Guarantor and operative until repayment in full of all moneys due to

    AICTSL under the Advertisement Agreement.

    (15) The Guarantor represents and warrants that it has the full authority to make and

    execute this Guarantee. The Guarantor further represents that all regulatory

    approvals, permits and authorizations as are necessary for the issuance of this

    Guarantee have been received and are in full force and effect.

    (16) The Guarantor represents that there is no litigation or arbitration or other

    proceedings pending against the Guarantor, which could reasonably be expected to

    have a material adverse effect or change in the Guarantors ability to perform its

    obligations under this Guarantee

    (17) Any demand for payment or notice under this Guarantee shall be deemed to be

    sufficiently given if sent by post to or left at the last known address of the Guarantor

    or its successors or assigns, as the case may be.

    IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE

    DAY, MONTH AND YEAR FIRST HEREIN ABOVE WRITTEN.

    Signed and delivered by the above named _____Bank by its Authorized Signatory as

    authorized by Resolution/Regulation/Decision of its Regional Board/Central Board in

    accordance with the decision/resolution passed on _____

    Authorized Signatory

    In the presence of:

    1.

    2.

    NOTE: The word Company may be replaced with word/ phrase which purports

    and reflects the entity

  • Page 37 of 40

    Annexure 4: FINANCIAL PROPOSAL FORMAT (On the Letter Head of the Bidder)

    Managing Director, AICTSL

    Plot. No. 30- Residency Area, A.B. Road,

    Opp. M.G.M. Medical College, INDORE 452001

    Ph. : +91-731-2499888

    E-mail - [email protected]

    Sub: Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses interior for a period

    of 3 Years. Being duly authorized to represent and act on behalf ---------------- and having reviewed and fully understood all requirements of bid submission provided in the RFP document and subsequent

    clarifications provided in relation to project, I/ we hereby provide our financial proposal.

    I have read the entire RFP including all the general conditions, Advertisement Agreement for Request for Proposal for the Supply, Install, & maintain the LED display screens for

    ibus BRT stations, ibus interior and city buses interior for a period of 3 Years in detail and on the basis of my full study of the above.

    I hereby accept the 12% hike in every year in the GLV quoted below. I will pay the license fee

    accordingly. The tenure of the contract shall begin from the 1st

    April 2015 for next three years.

    mailto:[email protected]

  • Page 38 of 40

    Financial Proposal for: Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses

    interior for a period of 3 Years Mentioned document/s and the conditions, I undertake to advertise on the A.B. Road BRTS Indore in

    Indore City in accordance with the terms and conditions as provided in the above mentioned document/s

    and undertake to pay AICTSL a Gross License Fee as mentioned below: The currency need to be strictly

    in Indian Rupees. In case of any variation in rates between words and figures, highest value of them will

    prevail.*Starting from handing over the bus/ buses to the bidder. All rights are reserved with the AICTSL.

    S.No Current

    Number of buses

    Limit of bus number upto

    Per bus premium (In. Rs.) Total (In Rs.) (B)

    In figures In words In figures In words

    1 38 60

    2 72 107

    Note: The above number of buses includes the spare bus also. In weekends and

    weekdays the bus running are different and also depends on the demand.

    Total price quoted for current system:

    In figures:

    In Words:

    Name of Bidder: Signature of the Authorized Person Seal: Address and contact number:

    S.No. Ibus stations Gross License Value for one year In Figures

    Gross License Value for one year in Words (A)

    1

    22 stations( 20 median stations and 2 side stations)

  • Page 39 of 40

    Note:

    1. Tender will be evaluated as whole & not component wise. 2. In case of difference between words & figures, Higher figure will be considered. 3. All the govt. regulation for manpower needs to be furnished by the contractor. 4. AICTSL reserves the right of rejecting tenders at any phase of the tendering. 5. All kind of taxes liability shall be of the agency. 6. To be noted that there shall be a 12 % hike in the premium every year. 7. The payment shall be have to done on time by the agency and non payment AICTSL has

    the rights to forfeit the Bank Guarantee or impose penalty or both.

  • Page 40 of 40

    ANNEXURE A

    Specifications: