0The Brihanmumbai Electric Supply & Transport Undertaking (Of the Municipal Corporation of Brihan Mumbai)

1TENDER NO. DGM(ES) / SL(C) / KIOSK ON STREET LIGHTING POLES/03/2016

5OPENING ON 05/02/2016

TENDER DOCUMENT

FOR

Ward-wise Contract for Display of Advertisement by affixing Kiosks on Street Lighting Poles belonging to the B.E.S. & T. Undertaking (MCGM)

1. TENDER CONDITIONS AND INSTRUCTIONS TO TENDERER 2. GENERAL CONDITIONS OF CONTRACT 3. FORM OF TENDER 4. TECHNICAL OFFER FORM

5. ANNEXURE

TOTAL PAGES - 40 Nos. JANUARY - 2016 PRICE RS. 5000/-

PLUS TAXES

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THE BRIHANMUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING (OF THE MUNICIPAL CORPORATION OF BRIHAN MUMBAI)

6TENDER CONDITIONS AND INSTRUCTIONS TO TENDERER

Tender No. DGM(ES) / SL(C) / KIOSK ON STREET LIGHTING POLES/03 /2016 Opening on 05/02/2016.

-------------------------------------------------- Ward-wise Contract for display of advertisement by affixing kiosks on Street

Lighting Poles belonging to the B.E.S. & T. Undertaking (MCGM) 1. Extent of Tender:-

The tender called for herein is for the ward-wise contract for affixing

ordinary and / or illuminated kiosks on Street Lighting Poles belonging to the B.E.S.

& T. Undertaking (MCGM), in the Old City Limits of Mumbai (Total 9 nos. of Wards)

for the purpose of displaying advertisements thereon, subject to the conditions

mentioned herein below and further subject to the General Conditions of Contract

annexed hereto.

2. Tenderer’s Office:-

The successful tenderer shall have their office in the operational area of

the BEST buses and shall be required to operate the contract from there.

3. Offers for the Contract:-

3.1 Tenderers may offer their quotations in the Form of Tender for Three

years of contractual period for payment of Guaranteed Revenue for payment of

equal monthly rentals ward-wise for total 30673 poles approx. subject to a

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variation of about 10% (as on 30.09.2015) belong to BEST (MCGM). The number of

poles in each ward of MCGM are as follows :-

Sr. No. Ward No. of Poles

1 A 3368

2 B 1834

3 C 2163

4 D 4389

5 E 3574

6 F/S 3039

7 F/N 4514

8 G/S 3778

9 G/N 4014

Total 30,673

(Excluding J.J. Flyover, Senapati Bapat Bridge, Tulsi Pipe Bridge, Love Grove

Bridge, Sion Flyover & Wadala Truck Terminal Road and all the gardens and

playgrounds). However, the tenderer may note that as the total number of poles

given herein does not have any direct bearing to the prospective value of the

contract, no dispute / representation from the contractor shall be entertained

regarding the discrepancy, if any, in the total number of poles made available to

the tenderers for advertisement. The approximate number of poles is given in the

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tender just to give a general idea to the contractor regarding the number of poles

available for the purpose of advertisement.

ii) Tenderers may offer their quotations ward-wise in the Form of Tender for

Three years of contractual period for payment of Guaranteed Revenue for payment

of equal monthly rentals.

iii) A tenderer may offer their quotations for any one ward or more than one

ward or all the 9 wards.

* Note:- Year means a period of 12 months from the date of commencement of the

contract.

4. Quotations:-

4.1 Offers must be submitted in two sealed envelopes, one for Technical Offer

and one for Commercial Offer. The Technical Offer shall be in respect of

executing the contract on Terms & Conditions as described in “Instructions to the

Tenderers” and “General Conditions of Contract” of Tender Document. The

Commercial Offers of those Tenderers will be opened whose Technical Offer

fulfils the conditions as per the Technical Offer Form only. The Commercial Offer

shall be submitted in ‘Form of Tender’ and the Technical Offer shall be submitted

as per Technical Offer Form enclosed alongwith the Tender Document, failing

which the offers are liable to be ignored / rejected.

4.2 Quotations should be in figures as well as in words preferably type-written /

printed.

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4.3 In case of divergence between the quotations in figures and words, the

quotations given in words will be taken as correct quotation.

4.4 All pages and all corrections made in the tender must be endorsed by the

tenderer.

4.5 The tenderers shall also furnish the following information alongwith the

tender.

(i) Particulars of their experience in the outdoor publicity media, supported by

documentary evidence.

(ii) Particulars of any other business which the tenderers are carrying out.

(iii) Reference of the Bankers for last three financial years.

(iv) Audited copy of Profit and Loss Account for last three financial years.

(v) Audited copy of Balance Sheet for last three financial years.

(vi) Certified copy of the latest list of Partners / Directors and their

addresses.

(vii) Other information, if any, which the tenderers may have to offer, must be

type-written / printed on the Tenderer’s letter-heads and all such

accompaniments must bear the full signature of the tenderers.

(viii) Partnership deed between firm/ agencies should be one year prior to the

advertisement of tender in news paper

(ix) Tenderer should enclose the Zerox copy of the Demand Draft and

Earnest Money Deposit paid receipt with the technical offer envelop

along with the Tender Document.

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5. Signature of Tenderer:-

The ‘Form of Tender’ must be dated and signed by the tenderer and

witnessed as provided thereon. The signature of the Tenderer on the ‘Form of

Tender’ shall be construed as an acknowledgment on his part that he has acquired

all the information of which he may stand in need in order to quote his minimum

guaranteed revenue.

The signatory to the tender should, by documentary evidence to be attached

to the ‘Form of Tender’, indicate that he is an authorised signatory and has power

to enter into contract.

The signature of the successful Tenderer on the ‘Form of Tender’ shall be

construed as if the Tenderer has entered into a binding agreement with the

Undertaking till he signs the contract / Agreement document and he will abide by

all the Conditions of Contract and Specifications of Contract.

6. Commencement and Period of Contract:-

(i) The contract for affixing kiosks for display of advertisements will

commence after 15 days from the date of acceptance letter. The exact date of

commencement of contract will be intimated in the Acceptance letter and shall be

in force for 36 months thereafter.

(ii) The Street Lighting Poles will not be handed over to the Contractor for

display of kiosks thereon, unless and until the Security Deposit referred to in

Clause 21 of the General Conditions of Contract is first paid to the Undertaking.

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7. Earnest Money:-

(i) Every tender must be accompanied by Earnest Money Deposit of Rs. Forty

lakhs. The Earnest Money Deposit shall be paid in the following manner:-

(a) By Cash and / or

(b) Demand Draft drawn in favour of the “B.E.S. & T. Undertaking” and payable

at a Bank in Mumbai.

(c) The Earnest Money Deposit to the extent paid in Cash / Demand Draft

must be paid on any working day in the Cash Department of the Undertaking

at Dadar or Colaba during the Cash hours between 10.00 a.m. to 12.30 p.m.

and 1.30 pm to 2.30 pm not later than 5/2/2016.

(d) Earnest Money deposited are valid for all the 9 Wards. Any Tenderer can

participate in any one or more than one wards on the same EMD.

(ii) The Tenderer should mention the receipt number and the date in the column

provided for this purpose in ‘Form of Tender’ and enclose the copy of Demand

Draft and Earnest Money Deposit paid receipt with the technical offer form along

with the ‘Tender Document’

(iii) No tender will considered unless the Earnest Money is paid before the

stipulated period.

(iv) No interest will be payable on the Earnest Money Deposit.

(v) The Earnest Money deposited by the unsuccessful tenderers will be

refunded as soon as possible after the tender is settled and upon the tenderer

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surrendering to the Supdt. Cash, Colaba of the Undertaking, the receipt for the

Earnest Money, duly discharged.

(vi) The Earnest Money deposited by the successful tenderer will be refunded

as soon as Security Deposit is received. Also the earnest money can be adjusted

against the Security Deposit / rentals.

(vii) The Earnest Money Deposit will be forfeited in the following circumstances:-

(a) If the tender is withdrawn after its closing date (refer clause no 14) and

before the expiry of the last date of the period of validity mentioned in

Clause no. 10 hereinafter.

(b) If the successful tenderer fails to deposit the Security Deposit as per

Clause No. 21 of the General Conditions of the contract.

(c) Should it at any time be discovered that the tenderer has submitted more

than one tender, but under different names, all his tenders shall be rejected

and Earnest Money Deposit shall be forfeited.

(d) Any attempt to contact any one for the award of contract will disqualify the

tenderer.

8. Acceptance of Tender:-

Highest bidder or each ward will be considered as a successful bidder for

awarding contract for respective ward. Successful tenderer will be allowed

for display of advertisement by affixing kiosks on street lighting poles in

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that particular ward as per para 3.1 of tender conditions and instructions to

the tenderer.

The acceptance of tender will rest with the General Manager, who does not

bind himself to accept the highest or any tender and reserves to himself the

authority to accept, vary, modify, negotiate and / or to reject at any time

any or all the tenders received at his sole discretion without giving any

reason.

9. Conditions governing acceptance:-

The acceptance of the tender shall be governed by the compliance of the

tenderer for the requirement given in General Conditions of Contract &

Instructions to the tenderer of tender document.

10. Validity:-

The offer submitted shall remain irrevocable for acceptance for 180 days

from the date of opening of the tender.

11. Addressing tenders:-.

Tenders must be submitted in a sealed envelope duly superscribed with the

words “Tender No. DGM (ES) / SL(C) / KIOSK ON STREET LIGHTING POLES /

03 / 2016” opening on 05/02/2016, for ward-wise contract for display of

advertisement by affixing kiosks on Street Lighting Poles belonging to the B.E.S. &

T. Undertaking (MCGM) addressed to Deputy Chief Engineer (Street Lighting),

B.E.S. & T. Undertaking, 22KV Receiving Station Annexe Building, 1st floor, Acharya

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Donde Marg, Near Prabhodhankar Thakre Udyan Bus Terminus, Sewree, Mumbai –

400 015.Telephone Nos:- 24116023, 24101793, 24101791, 24123969.

12. Pre-bid Meeting :- Pre-bid meeting is scheduled on 22.01.2016 at 14.30

hrs. at Conference Hall, Electric House, Colaba, Mumbai – 400001.

13. Last date of submission:-

Tenders should be deposited in the sealed tender box in the office of the

Deputy Chief Engineer (Street Lighting) at the address mentioned at Clause No. 11

above latest by 2.30 p.m. on 05/02/2016.

14. Opening of tenders:-

Tenders will be opened at 3.00 p.m. on 05/02/2016, at the office of the

Deputy Chief Engineer (Street Lighting) at the address mentioned at Clause No. 11

above, in presence of such tenderers who may desire to remain present.

A tender not in compliance with the aforesaid conditions is liable to be rejected.

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Ward-wise Contract for display of advertisement by affixing kiosks on Street

Lighting Poles belonging to the B.E.S. & T. Undertaking (MCGM).

1 7GENERAL CONDITIONS OF CONTRACT

1. Scope of Contract:-

(i) This contract is for the right of displaying ordinary and / or illuminated

advertisement by affixing kiosks on Street Lighting Poles belonging to the BEST

Undertaking (MCGM) in the Old City Limits of Mumbai only, on payment of equal

monthly rentals based on annual rentals offered, subject to the condition of

fulfilling a guaranteed revenue as offered by the tenderer as per ‘Form of Tender’

according to the conditions given herein below.

(ii) The present number of poles belonging to BEST (MCGM) are 30673

approximately (as on 30.09.2015) and number of poles in each ward of MCGM are

as follows :-

Sr. No. Ward No. of Poles

1 A 3368

2 B 1834

3 C 2163

4 D 4389

5 E 3574

6 F/S 3039

7 F/N 4514

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8 G/S 3778

9 G/N 4014

Total 30,673

2. Period of Contract:-

The contract for display of advertisement will commence after 15 days from

the date of acceptance letter, the exact date of commencement will be intimated

in acceptance letter and shall remain in force for 36 months thereafter. No

extension / renewal shall be allowed after completion of term of contract. However

in case due to unforeseen circumstances if new contract is not awarded the

contract may be extended on the same terms & conditions but with the increase of

10% rental over the minimum guaranteed rental for last year, till the new

contractor is appointed not exceeding a period of 3 months.

3. Description, Specification, Size etc of Kiosks:-

(a)The Kiosks on poles for displaying advertisements shall be provided and

affixed to the poles by the contractors. They shall be mounted in the

manner that they do not obstruct or interfere with the movement of

vehicles & lighting on the road.

(b)The Kiosks shall be two sided and shall not exceed 30” in width, 42” in

height and 12” in depth. For any unauthorized increase in the size, the

General Manager has the right to levy a penalty of Rs. 2000/- (Rupees: Two

Thousand only) per day per advertisement from the date of installation till

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the day the advertisement is actually removed. However, if the contractor

fails to remove such kiosks within 7 days from the date of intimation to that

effect, the said kiosk shall become the property of the Undertaking and

shall thereafter be removed at the cost of the contractor, which shall be

Rs.2000/- per kiosk. The kiosks should be fixed on two non-slip straps to

ensure that they do not become loose or slide down. The G.I. sheets should

be properly fixed to the rectangular frame of the kiosks by means of rivets

or bolts and nuts to prevent the sheets from getting loose from its frame

and becoming a source of danger.

(i) If at any time of the contractual period the MCGM revised

(increased/decreased) the size of kiosk, the guaranteed

revenue will be revised (increased/decreased) proportionally.

(c)The kiosks shall be of approved design with provisions for sufficient

ventilation in all frames to prevent formation of moisture and shall be

constructed of steel frames or any other frames sufficiently protected to

prevent rust and capable of carrying advertisement boards made of G.I.

sheets, Acrylic or cardboard or such other material as may be approved by

the General Manager or the Officer authorised by the General Manager in

that behalf. The clamps used for fixing the kiosks to the poles shall be

painted with anti-corrosive paint of approved quality to prevent rusting.

(d)The kiosks should be fixed on the pole in such a manner that the bottom of

kiosks is more than 3 mtrs. (10’) above the ground level and shall not cover

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the number stenciled thereon and at no time must the kiosks be allowed to

rest on the street lighting box of the poles.

(e) Kiosks should not be fixed on the traffic signal poles and on the poles at the

intersections or such distance that will be prescribed by the Traffic

Authorities or any Competent Authority empowered in this behalf to avoid

obstructions at the signalised junctions. Non-compliance / breach on the

part of the contractors shall be viewed seriously and the contractors shall

be asked to remove such kiosks forthwith. Also in addition the contractor

shall pay to the Undertaking a penalty of Rs. 2000/- (Rupees: Two Thousand

Only) per kiosks per day (inclusive of date of removal), for the said kiosks in

addition to the rentals in respect thereof, till they are removed as provided

herein above. If the contractor fails to remove such kiosks forthwith, the

kiosks shall be removed by the Undertaking at the cost of the Contractors,

which shall be Rs. 2000/- per kiosk.

4. Painting, Shifting and Removal of Poles:-

When the poles are to be re-painted, the contractor shall be duly intimated

at least five days in advance before the specified dates of painting / repainting to

enable him to remove the kiosks. While removing the kiosks, the contractor must

take utmost precaution not to damage the switch box / pole etc. The contractor

shall bear the entire cost of damaged part in case of damage caused by his

workers. The Contractor shall refix the kiosks on or after the 15th day from the

specified dates. The contractor shall maintain adequate staff for this work which

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will involve removal of about 200 kiosks per day. If for any reason, the contractor

fails to remove the kiosks by the specified dates, the Undertaking or its agents

shall remove the same at the cost of the contractor at the rate of Rs. 2000/- per

kiosk.

If the poles are required to be shifted or removed urgently due to accidents

or damage or any unavoidable reasons etc., the Undertaking will arrange to have

the Kiosks removed by its staff. The Kiosks removed by the Undertaking shall be

collected by the contractors from the Undertaking’s premises within 7 days from

the date of receipt of intimation of the removal. If the contractor fails to collect

the kiosks within the specified period, an amount of Rs. 2000/- per day per kiosk

shall be charged to the contractor towards storage charges. The contractor shall

be entitled to take back the kiosks from the Undertaking within a period of 15

days from the date of intimation after which these kiosks would become the

property of the Undertaking without any reimbursement. No rebate /

compensation in the payment of rentals shall be allowed for such removals.

While affixing the kiosks, the contractor must ensure that the poles are not

discoloured. In case of discolouring, the contractor shall paint / repaint the pole in

the same manner, as was done by the Undertaking at their cost and if it is not done

by them, the work shall be carried out by the Undertaking and the contractor shall

be liable and bound to pay to the Undertaking, immediately on demand, the painting

charges at the Undertaking’s painting contractors rate plus 15 % supervision

charges.

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5. Contractor’s responsibility in maintaining kiosks:-

(a)While the kiosks affixed to the poles are being removed or refixed by the

contractor, if damages are suffered by a person or property of the

Undertaking or any third party due to any cause whatsoever including

electric shock, the contractor shall be wholly responsible for compensation

or damages to the Undertaking or the third party as the case may be and

the contractor shall indemnify, and keep indemnified the Undertaking in that

respect for the entire period of contract.

(b)The Contractor shall have to remove at their expense all banners, placards,

encroachments or posters displayed unauthorisedly on the kiosks on street

lighting poles and take appropriate action against all the concerned persons /

organisations for the unauthorised display. The contractor shall not claim

any rebate if the advertisements / kiosks are so covered. The Undertaking

shall not be liable for it in any way.

(c)The General Manager shall not be responsible for any hindrance by way of

tree branches for the installation of advertisement / view. It shall be the

contractors sole responsibility to remove all such hindrances as required by

them for affixing kiosks for display of advertisements after obtaining such

sanctions from the concerned Competent Authority.

6. Maintenance of Kiosks:-

The Contractor shall bear all costs incurred in affixing, maintaining and

removing the kiosks and shall carry out the work of affixing and removing kiosks in

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a careful manner and make good any damage done to the poles while carrying out

their work. The Contractor shall likewise maintain all kiosks affixed under this

contract in good condition and properly painted to the entire satisfaction of the

General Manager or the Officers referred to herein above.

The contractor should not at any point of time keep the empty

frames/corroded frames/corroded fixing clamps of kiosks fixed on the street

lighting poles. If such type of frames/clamps observed/ there is any complaint

from any Competent Authority regarding kiosks empty / corroded frames / clamps

fixed on street lighting poles without advertisements, or in a damaged condition or

in corroded condition, such empty / damaged/corroded kiosks should be removed

within 7 days from the date of intimation by the contractor at his own expense to

the entire satisfaction of the General Manager or Officers referred to herein

above, failing which, the Undertaking shall remove the kiosks by disconnecting it

and recover the cost of Rs. 2000/- per kiosk as removal charges from the

Contractor/levy the penalty of rupees 1000/- per kiosk per day upto the actual

removal/replacement of such type of kiosk without any further notice to them.

7. Erection and Removal of Kiosk Frames:-

All expenses connected with erection, removal and maintenance of kiosks

shall be borne by the Contractor. When kiosks are required to be removed for any

reason, the Contractor shall also arrange to remove the clamps used for fixing the

kiosks to the pole and shall have the pole clear of all fixtures on the expiry of the

contract or in the event of premature termination of the contract, failing which

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the contractor shall be liable to pay Rs. 2000/- per kiosks as the cost of removal

as provided for herein above and a penalty of Rs. 2000/- per day per kiosk till the

day the kiosk is actually removed.

8. Accidents and damage to kiosks:-

The General Manager shall not be responsible for any loss or damage due to

any reasons whatsoever to any kiosk affixed to a pole under this contract and the

Contractor shall have no claim for compensation against the Undertaking on any

ground.

9. Permission from Municipal and other Competent Authorities:- It shall be

the Contractor’s sole responsibility to obtain all necessary permission from the

Competent Authorities required for affixing kiosks on poles / display of

advertisements on the kiosks on poles.

10. Removal of kiosk on poles and / or Advertisement:-

(i) If at any time during the continuance of this contract, any authority

duly empowered or authorised in this behalf shall lawfully require the General

Manager or the Officers referred to herein above to remove kiosks or any

advertisement from any kiosks, the contractor shall at his own expense forthwith

on being required to do so by the General Manager or the Officers referred to

herein above, remove the kiosks or the advertisements as the case my be without

making any claim for compensation for or arising out of such removal and if the

contractors shall make default in such removal for 24 hours after notice to that

effect has been served upon him by the General Manager or the Officers referred

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to herein above, then the General Manager or the Officers referred to herein

above shall effect such removal at the sole cost and expense of the Contractor

without the contractor becoming entitled to any compensation in respect thereof

as aforesaid, and in that case the contractor shall be liable to pay removal charges

of Rs. 2000/- per Kiosk and storage charges @ Rs. 2000/- per kiosk per day. The

Contractor shall be entitled to take back the kiosks from the Undertaking within a

period of 15 days from the date of intimation after which these kiosks would

become the property of the Undertaking without any claim for compensation.

(ii) If at any time of the contractual period the GM ,BEST Undertaking

can distribute part of the allotted poles to any other utilities for any other

purpose like installation of aerial setup or any other equipment , advertisement on

display board etc. or combination of thereof. This is for avenue for implementation

of ‘Smart City Projects’ if needed the installed kiosk on this selected poles shall be

removed by the contractor within 30 days at his own expenses, failing which the

contractor shall be liable to pay Rs.2,000/- per kiosk as the cost of removal, if it is

removed by the undertaking. In such case the Guaranteed Revenue shall decrease

proportionally and the contractor shall not take any objection in such cases.

11. Approval of advertisement matter and artwork:-

(i)The Contractor shall in the first place submit the design of kiosk & the text

of advertisement matter and artwork of each contract with the advertiser

for the approval of the Deputy Chief Engineer, Street Lighting or the

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Officer authorised by the General Manager in that behalf before the

display of each advertisement.

(ii) It may please be noted that no permission shall be granted for painting of

poles along with the advertisements.

12. Objectionable Advertisements:-

No advertisement shall be displayed which, in the opinion of General

Manager or the Officer referred to herein above, offends any law, religion, public

morality, or is defamatory, or the display whereof is prohibited by any lawful

authority. Upon the GM requiring the contractor to remove any such

advertisement, the contractor shall forthwith withdraw the same and discontinue

the display thereof, without any dispute / claim.

No advertisement with the use of the same or pictorial representation of

any national figure or emblem prohibited by law shall be displayed by the

Contractors.

During the period of contract, if on any ground any advertisements(s) is /

are objected to by any Competent Authority, or if the advertisement is

objectionable in any way as stated above, then the Undertaking shall have the right

to remove such advertisement(s) forthwith at the cost of the Contractor without

any reference to him and the Undertaking shall not be liable to any refund /

damage or claim thereof.

13. The General Manager’s authority to recover the cost in case of any

default:-

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If the Contractors shall neglect or fail to do anything which he has agreed

to do, under the terms and conditions of contract, the General Manager or the

Officer authorised by General Manager may serve notice on the Contractor asking

him to do the things agreed as aforesaid and on his neglect or failure to do so,

recover the cost thereof with @18% p.a for first 6 months, 24% p.a.for next 6

months and 30% p.a. beyond 1 year from the Contractor without prejudice to any

other rights.

14. Contractors responsibility against all claims, actions, losses etc:-

(a)The Contractor hereby binds himself to indemnify the General Manager

against all claims, actions, demands, losses, costs, charges and expenses

which the General Manager may incur or be put to or which may arise by

reason of the exercise of the right to affix kiosks and / or to display

advertisements thereon hereby granted, including claims or actions arising

out of any advertisement being challenged or held to be libelous or

defamatory or in consequence of the following or displacement or breakage

of any kiosk or any part thereof for any cause whatsoever and for any claim

made by any Competent Authority or any other person in respect thereof or

any claim for rates or taxes levied in respect of anything done under this

contract. The Contractor hereby undertakes as an essential condition of this

contract that he shall within 7 days of Notice in writing requiring him to do

so pay to the General Manager all monies payable by him in respect of such

claims, actions, demands, losses, costs, charges and expenses. On failure,

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the Undertaking shall be entitled to adjust / recover the money from the

Security Deposit and the Contractor shall make good the deficit so as to

bring the Security Deposit to its original amount.

(b)If at any time during the continuance of this contract, it shall become

impossible by reason of strike, lock-out, shortage of materials, war, fire,

flood or any Government enactment or regulations or any cause whatsoever

beyond the control of the Undertaking to fulfill the contract in accordance

with the terms hereof, the Contractor shall have no claim whatsoever

against the Undertaking in respect of any inability or incapacity to fulfill the

contract.

(c)The Undertaking shall not be responsible or liable to compensate the

contractor for loss and / or damage, wear and tear of advertising material

or kiosk before, after or during the period of display, nor shall the

contractor claim any rebate for the same.

15. Payment of all License Fees, Advertisement fees, Ground rents, Service

Tax and any other Charges and other Expenses :-

The Contractor shall pay all License fees, Advertisement fees, Ground rents

,Service Tax and any other Charges fixed from time to time by any Competent

Authority in connection with the kiosks affixed / advertisements displayed by him.

The Undertaking shall in no way be responsible for payment of License Fees,

Advertisement fees, Ground rents, Service Tax and any other charges, etc. In

case of their failure to do so, the Contractor shall bear all additional expenses and

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charges by way of penalty and interest etc. which may be demanded by the

Municipal Corporation of Greater Mumbai or any other Competent Authority for

which the Undertaking shall not be responsible. The Contractor shall indemnify

the Undertaking by providing an indemnity bond on a stamp paper of Rs. 200/- for

any loss that may be incurred by the Undertaking on account of non-payment /

short payment of any License Fees by the Contractor.

16. Use of Kiosks for public instructions:-The Undertaking reserves the right

to use any of the spaces on kiosks for 2 % of the total number of poles given to

the Contractor for display of advertisements / public messages free of charge in

the interest of the Undertaking, Government and National or Public interest.

17. Payment of Monthly Rentals:-

The Contractor shall pay to the Undertaking the rentals in equal monthly

installments on or before the 10th of every month. On failure to pay such amount,

on 11th day, the contract will stand terminated automatically and the General

Manager will be at liberty to proceed with appointment of other contractor at the

risk and cost of the contract. This is in addition to any other legal steps, the

Undertaking will take against the Contractor.

In the event the contract commences on a date other than the first day of

the month, the Contractor shall pay the proportionate rentals for such broken

period on or before the end of the month.

The Contractor shall not be entitled to any rebate in monthly rentals, if any

pole is removed by the Undertaking or there is a reduction in the total number of

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poles offered under this contract, or the display of advertisement is objected to

by any Competent Authority or the Contractor is asked to remove kiosk frame

attached to any of the poles by any Competent Authority or because the

Contractor is unable to fix kiosks on poles or display any advertisement on the

kiosks fixed on street lighting poles.

18. Mode of Payment:- All payments except Earnest Money Deposit and

Security Deposit shall be made in cash or demand draft or by cheque drawn on a

Scheduled / Nationalised Bank in the city of Mumbai.

19. Illuminated kiosks Advertisements:-

The Contractors shall be permitted, subject to power cut and / or any other

restrictions, to fix the illuminated kiosks on the poles only at the height above 3

mtrs. (10’) from the ground level on the following conditions:

(a)The design and or size of the kiosks shall be as mentioned in the

specifications. Only one kiosk per pole is permissible for display of

advertisement.

(b)The kiosks should be so constructed that it is perfectly waterproof, so that

no water enters inside and damages electrical wires etc.

(c)For the purpose of providing electrical connections, the contractor shall

provide cable from the kiosks to the switch box. It should be 3 core ISI

approved cable, which shall be covered by a PVC sleeve black in colour having

20 mm dia. and 1 mm thick from kiosks to the switch box. The Contractor

24

shall also provide Earth Leakage circuit breaker of adequate rating (as per

provision in Electricity Act) inside the kiosks for isolating purpose.

(d)The Contractor shall submit test certificate from the Licensed Electrical

Contractor for the electrical work including the lead cable for the kiosks.

(e) In case of electrical accidents, Officers of the Undertaking shall

investigate in order to decide whether the reasons for the accident are

attributable to the Undertaking’s installation or to the illuminated kiosks on

poles. The findings of the Undertaking’s Officers shall be final and binding

on the Contractor. In case the accident takes place due to illuminated

kiosks and if damages are suffered by any person or to the property of the

Undertaking or any third party, the Contractor shall be solely responsible

for compensation or damages to the Undertaking or the third party as the

case may be.

(f)The number of kiosks permitted to be illuminated along a given stretch of

road will depend on the adequate Kilo Watt spare capacity available in the

network.

(g)The Undertaking shall make the necessary arrangement to provide electric

connections for illuminating the kiosks and to disconnect the illuminated

kiosk and shall charge the Contractor per pole for material and labour at the

rates fixed by the Undertaking in advance from time to time for connection

charges and disconnection charges. The Contractor shall submit a requisition

25

for illuminating minimum ten (10) poles at a time and for disconnection

minimum (16) pole at a time.

(h)The total load not exceeding 4 tubes of 40 watts (200 Watts including

ballast losses) will be permitted for each kiosk per pole. Any additional load

may be permitted on request depending upon the existing load condition. The

system power factor shall be strictly maintained by the contractor by

employing electronic chokes or use of power factor correction capacitors

failing which 2 times of applicable tariff ( penal charges ) will be charged for

fall in power-factor below 0.9.

(i)As there will be no meter fixed, the electricity charges will be based on

connected load of 100/200 Watts (including Ballast losses) per pole with

chargeable period of 12 hrs. per day throughout the year irrespective of

switching On and Off timings.

(j)The Tariff charges per unit of electrical energy plus fuel adjustment charge

and electricity duty and Maharashtra Tax on sale of Electricity will be as

applicable from time to time. The contractor shall pay the necessary energy

consumption charges at the Office of Divisional Engineer, Customer Care ‘A’

Ward within 15 days from the date of receipt of the energy bill after which

delayed payment charges will be levied as per existing rules. The xerox copy

of the paid bill shall be submitted to the Deputy Chief Engineer, Street

Lighting. In case non-payment of electricity bills the Undertaking reserves

its rights to disconnect the supply to kiosks as per relevant rules.

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(k)All charges referred to herein above shall be revised by the Undertaking as

and when there is a variation in the electricity charges, fuel adjustment

charges, electricity duty and such revised charges will be binding on the

contractor.

(l)The Contractor shall remove the Kiosks as and when so required by the

Undertaking for painting the electric poles on which the kiosk is affixed. It

shall be the responsibility of the Contractor to refix the kiosk on pole at his

cost.

(m)No special facilities such as use of hand towers will be offered either for

fixing or attending to kiosks on poles.

(n)Maintenance of Kiosks and fixtures inside the kiosks on poles will be the

Contractor’s sole responsibility, for which the contractor shall be wholly

responsible including payment of compensation or damage in case of damage

or injury to any property or any person due to the illuminated kiosks.

(o)Glazed factors in the illuminated kiosks should be so defused that it does not

cause any nuisance to road users.

(p)No traffic light colours, i.e. red, green, amber should be used in the

illuminated kiosks on poles.

(q)Taxes and Levies if any shall be paid by the Contractor directly to the

Concerned Authorities.

(r)In case of illuminated kiosks, erected on any date during any month, energy

consumption will be charged on pro-rata basis for the month. For this

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purpose the Contractor shall be treated as any other electricity consumer of

the BEST and for this purpose will be governed by the provisions of the

Indian Electricity Act 2003 and the Rules framed there-under. However in

case of non payment of rental Undertaking has reserved its rights to refuse

the new connections / re-connections and to disconnect supply to the

existing kiosks.

(s)The Contractors shall have to furnish the details of pole numbers etc. used

for illuminated / non-illuminated kiosks in the prescribed annexure, provided

herein.

The details of such information should be furnished up to 15th day of every

month, failing which penalty of Rs.10,000/-(Rupees ten thousand only) per

month in addition to the rentals shall be levied.

(t)If at any time during the contractual period it is found / noticed that the

contractor has connected electric supply unauthorisedly to the illuminated

kiosks, the contractor shall be liable to pay the electricity charges @ 2

times of the prevailing rate as per Section (126) (6) of The ELECTRICITY

(AMENDMENT) ACT -2007, revised from time to time, from the date of

commencement of contract with BEST Undertaking. In case of unauthorised

re-connections, the contractor shall be liable to pay the electricity charges

@ 2 times from the date of last disconnection till the date of detection of

re-connection by BEST Undertaking. Apart from this the contractor will be

28

liable to any other punitive action as per the provisions in Electricity Act /

provision in the law.

20. Insolvency of the Contractor or non-observance of the obligations or

agreements on part of the Contractor:-

If the Contractor shall commit any act of insolvency or shall be adjudged

insolvent or shall have an order for compulsory winding up made against them or

pass an effective resolution for winding up voluntarily or subject to the supervision

of the Court or if the Contractor shall suffer execution to be issued or shall

suffer any payment under this contract to be attached or shall charge or encumber

this contract or any payments due or which may become due to the General

Manager hereunder or compound and perform with their creditors or if the

contractor fails to observe and perform any of the obligations, covenants or

agreements on his part herein contained, or if the contractor shall go into

liquidation, then on all or any of such events happening, it shall be lawful for the

General Manager, without any notice to determine this contract and take

possession on behalf of the advertisers of all advertisements and kiosks then being

displayed under this agreement and such contracts with the advertisers shall

become the property of the General Manager but without prejudice to the rights

of the General Manager to recover all sums then due hereunder and damages in

respect of any breach or default on part of the contractor.

29

21. Security Deposit:-

(i) As security for the due fulfillment of the terms of the contract, the

contractor shall deposit with the General Manager an amount equals to six months

rental for three years in Cash /Demand Draft without any interest payable

thereon, quoted by the Contractor, on or before the date of commencement of

contract, the exact date of commencement of contract will be intimated in

the acceptance letter by the Undertaking. The other security deposit of

any Tenderer /Contractor lying with BES & T UNDERTAKING will not be

adjusted against this security deposit. In case of failure to pay security deposit,

the contractor shall not be allowed to affix kiosks / display advertisements on

street lighting poles despite the fact that the commencement date is notified as

mentioned in Clause `2’ of the General Conditions of Contract.

In addition to the above, penal interest @18% p.a. for first 6 months, 24% p.a. for

next 6 months and 30% p.a. beyond 1 year will be charged till the amount of

security deposit is furnished by the contractor (both days inclusive). The General

Manager shall also have the discretion to terminate the contract and forfeit the

Earnest Money Deposit if the Security Deposit is not paid within a further period

of 15 days inspite of charging interest @18% p.a. for first 6 months, 24% p.a. for

next 6 months and 30% p.a. beyond 1 year and not allowing affixing of kiosks /

display of advertisement on the street lighting poles. The Security Deposit may be

paid either in cash or demand draft payable at Mumbai.

30

(ii) In case the Contractor is in arrears of payments, the General Manager shall

give a notice of 15 days in writing to recover such amount. At the expiry of this

notice without any further consent on the part of the Contractor, then the consent

which is implied by the execution of the agreement to realize the said Security

Deposit or any part thereof, and to apply the proceeds of such realization in or

towards the payment and satisfaction of any and every sum which may be due by

the contractor, to the Undertaking or to the Municipal Corporation of Greater

Mumbai or any other Competent Authority under this contract and the contractor,

shall on demand deposit with the General Manager fresh Security Deposit of the

original amount.

(iii) Refund of Security Deposit:-

The Security Deposit shall be valid for a period of 42 months from the date

of commencement of contract. It shall be discharged thereafter provided:

(a)The Contractor shall produce a ‘No Dues’ Certificate to the Undertaking

from the Municipal Corporation of Greater Mumbai stating that the license

fees in respect of the advertisement displayed by the contractor if any upto

the date of the expiry / termination of the contract.

(b)The Contractor shall also give an undertaking that in case subsequent to the

expiry of the contract, the Municipal Corporation levies property tax or

Municipal License Fees or any other taxes / charges with retrospective

effect in respect of the display under this contract, they shall make such

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payments forthwith subject to the rules and regulations directly to the

Municipal Corporation and intimation thereof to the Undertaking.

(iv) Forfeiture of Security Deposit:-

In the event the Contractor commits a breach of any of the terms and

conditions of the contract or fails to observe and comply with any of the

requirements under this contract, the General Manager shall be entitled to forfeit

the Security Deposit either in whole or in part thereof at his discretion without

prejudice to other rights and remedies open to the Undertaking and it shall be

binding on the contractor.

22. Non-payment of charges:-

Any sum due and payable by the Contractor to the Undertaking under this

contract, if not paid within the prescribed time limit, shall be payable interest with

@18% p.a. for first 6 months, 24% p.a. for next 6 months and 30% p.a. beyond 1

year irrespective of the fact whether the said condition is mentioned herein above

or not. Further failure to make payment of @18% p.a. for first 6 months, 24% p.a.

for next 6 months and 30% p.a. beyond 1 year will be adjusted against next

installment / or Security Deposit as the case may be. the amount adjusted from

the SD should be made good by the contractor.

23. Transfer of Agency:-

The Contractor shall not assign, underlet, sublet the contract or assign or

transfer in any way the right hereby granted to him to any person or persons, firm,

agency or company.

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24. Surrendering of the poles on expiry of the Contract:-

The Contractors shall remove all the kiosks/advertisements displayed on the

Street Lighting Poles prior to the expiry or premature termination of the contract.

On default of the contractor, the said advertisement shall be removed / defaced

by the Undertaking and the cost of such departmental work shall be borne by the

contractor in the manner as more specifically explained in Clause No. 4 of General

Conditions of Contract. The Contractor shall be liable for a penalty of Rs. 2000/-

per day per advertisement till the day the advertisement is actually removed /

defaced.

25. Termination of Contract:-

(i) If during the period, the contract remains in force, the General Manager has

reasons to be dissatisfied with the execution of contract and/or the performance

of the Contractor, the General Manager, or the officer authorised by the General

Manager may by notice in writing call upon the Contractor to remove the cause of

such dissatisfaction in the way to be indicated in the notice and if the Contractors

shall fail for a period of 15 days after the receipt of such notice to remedy such

cause of dissatisfaction to the satisfaction of the General Manager, then,

notwithstanding anything contained in the agreement to the contrary, the General

Manager or the officer authorised by the General Manager shall have a right to

terminate the contract by giving the Contractors 15 days notice in writing and the

contract shall, on expiry of the notice period, stand cancelled, without prejudice to

33

the right of the General Manager to forfeit the Security Deposit as provided

under Clause No. 21 (iv) of this contract.

(ii) In case of termination of contract, the contractor shall also be liable to pay

all sums including an amount equal to 25 % of guaranteed revenue for the balance

period payable to the Undertaking as on date of termination of contract. This shall

be in addition to the forfeiture “Security Deposit” as provided under Clause 21 of

the “General Conditions of Contract”.

26. Jurisdiction of Court:-

The court located in Mumbai shall have jurisdiction to try and decide the

matter / dispute between the parties.

27. Contract Agreement:-

The Contractor, whose tender has been accepted shall before

commencement of the contract enter into a written agreement with the General

Manager for the proper fulfillment of the contract on the lines similar to the

terms provided herein, failing which it shall be construed as if the Tenderer has

entered into a binding agreement with the Undertaking in terms of Clause No. 5 of

the Tender conditions and instructions to Tenderers.

28. Preparation of Agreement:-

The agreement shall be prepared and endorsed by the Undertaking and shall

be forwarded to the Contractor after the acceptance of his tender.

Should the contractor not execute the agreement within 30 days from the

date of its receipt by him as stated above, the Undertaking may, at its option and

without prejudice to its other rights or claims against the Contractor for non-

34

compliance with any of the provisions of these conditions by notice in writing to

the Contractor, revoke the acceptance of the tender and thereupon the

Undertaking shall not be liable for any claim or demand from the Contractor in

respect of any other matter or thing whatsoever in connection with the contract,

but the Undertaking shall be entitled to the forfeiture of the Earnest Money

deposited by the Contractor alongwith the tender or the Security Deposit paid by

the Contractor on the intimation of acceptance of this tender.

229. Cost of Preparation of Agreement and payment under Stamp Act 1958 :-

3i) The Contractor shall pay an amount of Rs. 5,000/- being cost of preparation

of agreement including cost of stamp paper in duplicate within 7 days from the

date of acceptance letter.

4ii) It is a sole responsibility of contractor to pay the requisite Stamp duty on

the instrument for “Right of Advertisement” to the competent authority of the

Government, as per prevailing "Stamp Act". The contractor should submit the

instrument to the competent authority within one month from the date of signing

of the agreement, for "adjudication process" to determine and paying proper stamp

duty, otherwise contractor will be fully responsible for the delay @2% per month

as per the provisions made under the stamp act 1958 and consequence thereon.( At

present it is @ 0.2% of the amount agreed in the contract ).After payment of

stamp duty, the contractor shall submit the receipt of payment stamp duty to the

Undertaking by way of one of the compliance.

35

30. Termination of contract for death:-

If the contractor is an individual or a proprietary and the individual or the

Proprietor dies and if the contractor is a partnership concern and one of partners

die then unless the General Manager is satisfied that the legal representative of

the individual contractor or the proprietary concern and in the case of partnership,

the surviving partners, are capable of carrying out and completing the contract,

the General Manager shall be entitled to cancel the contract as to its incomplete

part without the Undertaking being in any way liable for payment of any

compensations to the estate of the deceased Contractor and/or the surviving

partners of the Contractor’s firm on account of the cancellation of the contract.

The decision of the General Manager that the legal representative of the deceased

contractor or the surviving partners of the Contractor’s cannot carry out and

complete the contract shall be final and binding on the parties. In the event of

such cancellation the Undertaking shall not hold the estate of the deceased

contractor and / or the surviving partners of the contractor' firm liable in

damages for not completing the contract.

36

1 8FORM OF TENDER 8THE GENERAL MANAGER, B.E.S. & T. UNDERTAKING, P.O. BOX NO. 192, MUMBAI – 400 001. Sub: Tender No. DGM (ES) / SL(C) / KIOSK / 03 / 2016, Opening on 05/02/2016, for contract for display of Advertisement by affixing Kiosks on Street Lighting Poles belonging to the B.E.S. & T. Undertaking (MCGM) ------------------------------------------------------------ We hereby agree to take over the contract for display of ordinary as well as illuminated advertisement by affixing kiosks on street lighting poles belonging to B.E.S. & T. Undertaking (MCGM) subject to the aforesaid Conditions of Tender and the General Conditions of the contract; accordingly submit our ward-wise offer as under:

7Sr. No.

Name of Ward (MCGM)

Guaranteed Revenue quoted by Contractor for three years

IN FIGURES IN WORDS 1 A

92 B

1 03 C

1 14 D

1 25 E

1 36 F/S

1 47 F/N

1 58 G/S

1 69 G/N

We have read the General Conditions of the contract and Tender Conditions and Instructions to Tenderer and we agree to abide by it.

37

We have paid the Earnest Money Deposit as per Receipt No. _________ Dated___________ for Rs. ________________. (Rupees _______________________________________ only) in cash / demand draft no. __________ dated ___________ of _______________________ Bank. (Copy enclosed) WITNESS: Signature: Signature of Tenderer: Date: Date: Address: Address:

38

TECHNICAL OFFER FORM

(To be submitted on the Letterhead of the Tendering Firm) THE GENERAL MANAGER, B.E.S. & T. UNDERTAKING, P.O. BOX NO. 192, MUMBAI – 400 001. Sub:- Tender No. DGM (ES) / SL(C) / KIOSK / 03 / 2016, Opening on 05/02/2016, for contract for display of Advertisement by affixing kiosks on Street Lighting Poles belonging to the B.E.S. & T. Undertaking (MCGM) We hereby agree to take over the Contract for Display of Ordinary as well as Illuminated Advertisement by affixing Kiosks on Street Lighting Poles belonging to B.E.S. & T. Undertaking (MCGM) in A, B, C, D, E, F/S, F/N, G/S, G/N Wards (Strike out whichever not applicable). We have read the “Tender Conditions & Instruction to the Tenderer” and “General Condition of Contract” in the Tender Document for the above mentioned Contract and we agree to abide by it. We therefore agree to:

1) Comply with the “Tender Conditions & Instruction to the Tenderer” and “General Condition of Contract” in the Tender Document.

2) Submit documentary evidence for Average annual turnover of Rs. 25 Crores during the period of last 3 years.

3) Submit Valid Solvency Certificate of Rs. 2.50 Crores from any Nationalized or Scheduled Bank in Brihanmumbai for participation in all 9 nos. of Wards/ Rs. 30 Lakhs for each Ward.

4) Submit Particulars of our experience in the outdoor publicity media, for a minimum period of 5 years supported by documentary evidence.

5) Submit particulars of Partnership deed between firm / agencies one year prior to the advertisement of tender in newspaper.

6) We have paid the Earnest Money Deposit as per Receipt No. ____________ dated ___________ for Rs.________________.

(Rupees _______________________________________ only). (Copy Enclosed) WITNESS: Signature: Signature of Tenderer: Date: Date: Address: Address:

39

40

ANNEXURE

ILLUMINATED / NON-ILLUMINATED KIOSKS ON STREET LIGHTING POLES.

Sr.

No.

Road Name

& Pole Nos.

Total No. of

Illuminated Kiosks

Total No. of Non

Illuminated Kiosks

Date of

Commissioning

1

2

3

4

5

6

7

8

9

10