ATAL INDORE CITY TRANSPORT SERVICES LIMITED, INDORE (AICTSL)
TENDER DOCUMENT
Request for Proposal for the Allotment of Advertising Rights on ibus (BRTS Indore) Bus-Shelters, Along BRT Railings via Lollipops, Unipoles, Kiosks on Street Light Poles, , for a period of 5 Years.
AUGUST, 2018
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
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THIS TENDER DOCUMENT REQUEST FOR PROPOSAL FOR THE ALLOTMENT OF ADVERTISING RIGHTS ON IBUS
(BRTS INDORE) BUS-SHELTERS, ALONG BRT RAILINGS VIA LOLLIPOPS, UNIPOLES, KIOSKS ON STREET LIGHT POLES,
, FOR A PERIOD OF 5 YEARS. HAS BEEN ISSUED BY THE MANAGING DIRECTOR, ATAL INDORE CITY TRANSPORT
SERVICES LTD, INDORE TO______ON
DATE______, ON RECEIPT OF RS. 10,000/- (RS. FIVE THOUSAND ONLY) BY DEMAND DRAFT
NO...... DATED......
(RECEIPT NO. ______)
CHIEF EXECUTIVE OFFICER, ATAL INDORE CITY TRANSPORT SERVICES LTD, INDORE
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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. 10,000/- in favour of ‘Atal Indore City Transport Services Limited, Indore’, towards cost of Tender Document. Earnest Money amounting to Rs. 20,00,000 (Rupees Twenty Lakhs only) is also to be deposited at the time of submission of tender documents.
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.
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Tender terms and conditions will be according to the department. Instructions regarding website are as follows:-
i) For participation in e-tendering module for any department, it is mandatory for prospective bidders to get registration on website www.mpeproc.gov.in . Therefore, it is advised to all prospective bidders to get registration by making on line registration fees payment at the earliest. ii) Tender documents can be purchased only online and downloaded from website www.mpeproc.gov.in by making online payment for the tender documents fee. iii) Service and gateway charges shall be borne by the bidders. iv) Since the bidders are required to sign their bids online using class – III Digital Signature Certificate, they are advised to obtain the same at the earliest. v) For further information regarding issue of Digital Signature Certificate, the bidders are requested to visit website www.mpeproc.gov.in . Please note that it may take upto 7 to 10 working days for issue of Digital Signature Certificate. Department will not be responsible for delay in issue of Digital Signature Certificate. vi) If bidder is going first time for e-tendering, then it is obligatory on the part of bidder to fulfil all formalities such as registration, obtaining Digital Signature Certificate etc. well in advance. vii) Bidders are requested to visit our e-tendering website regularly for any clarification and / or due date extension. viii) Bidder must positively complete online e-tendering procedure at www.mpeproc.gov.in ix) Department shall not be responsible in any way for delay /difficulties /inaccessibility of the downloading facility from the website for any reason whatever. x) For any type of clarification bidders can / visit www.mpeproc.gov.in and held desk contract no. 18002588684 Mail id : [email protected] Support timings: Monday to Saturday from 10:00 AM to 7:00 PM. xi) Interested bidders may attend the free training programme in Bhopal at their own cost. For further query please contact help desk. xii) The bidder who so ever is submitting the tender by his Digital Signature Certificate shall invariably upload the scanned copy of the authority letter as well as submit the copy of same in physical form with the offer of particular tender.
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Cost of Document Rs. 10,000/- (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, Performa’s & annexure submitted as proof of the requirements, shall be disqualified. 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 10% of the Gross License Value of the Successful bidder. II. Advance payment of 40% of the Gross License Value of the year of the Successful bidder.
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DIRECTIONS TO THE BIDDERS REGARDING ADVERTISING MEDIA 1. The bidders shall quote the Gross License Value (GLV) for each of the corridor (defined in Section 1 clause 1.3 of this document) that they would like to bid for, separately.
2. The successful bidder 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 Deadline for payment of GLV of one year paid
40% of the yearly After issue of Letter of Acceptance from AICTSL, and strictly before signing quoted amount of the agreement
30% of the remaining Just after the 5 months after the agreement signing date. amount
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.
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TABLE OF CONTENTS
SECTION 1: PROJECT BACKGROUND ...... 11
1.1 INTRODUCTION ...... 11
1.2 SCOPE OF WORK ...... 11
1.3 DESCRIPTION OF SITES ...... 11
1.4 Description and Quantity of Advertisement Media for the different sections ...... 12
SECTION 2: GENERAL TERMS AND CONDITIONS ...... 18
2.1 QUALIFICATION CONDITIONS ...... 18
2.2 ASSIGN ABILITY AND ENCUMBRANCES...... 18
2.3 STATUTORY CLEARANCES ...... 18
2.4 RIGHT TO REJECT TENDERS ...... 18
2.5 MISREPRESENTATION / FRAUD/ BREACH OF TERMS AND CONDITIONS ...... 19
2.6 EARNEST MONEY DEPOSIT AND INTEREST FREE PERFORMANCE SECURITY ...... 19
2.7 PROPOSAL PREPARATION COST...... 20
2.8 VALIDITY OF OFFER ...... 20
2.9 DISPUTES ...... 20
2.10 COMMUNICATION WITH AICTSL ...... 22
SECTION - 3: TENDERING SCHEDULE ...... 23
3.1 PREPARATION AND SUBMISSION OF PROPOSAL ...... 23
3.2 PAYMENTS TO AICTSL ...... 23
3.3 LANGUAGE AND CURRENCY ...... 24
3.4 SEALING AND MARKING OF PROPOSALS ...... 24
3.5 BIDDERS RESPONSIBILITY ...... 24
3.6 MODIFICATION OF THE PROPOSAL...... 25
3.7 OPENING OF BIDS ...... 25
3.8 EVALUATION OF PROPOSAL...... 26
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3.9 ACCEPTANCE OF THE OFFER ...... 26
3.10 EXECUTION OF LICENSE AGREEMENT ...... 27
3.11 AMENDMENT OF TENDER DOCUMENT ...... 27
3.12 UNSUCCESSFUL BIDDERS ...... 27
3.13 Penalty ...... 27
3.14 Deduction of Dues ...... 28
3.15 Joint Inspection ...... 28
3.16 Repeated violation to result in cancelation ...... 29
3.17 Power to waive fines ...... 29
3.18 License to be non-transferable ...... 29
3.19 Compliance of statutory /labour laws/tAXES ...... 29
3.20 All other laws to be applicable ...... 29
3.21 Selection of Advertisements ...... 29
3.22 Indemnification of AICTSL against loss/damages ...... 30
3.23 Prior approval of AICTSL before fixing ...... 30
3.24 Some reserved Rights ...... 30
3.25 SURRENDER/TERMINATION OF LICENSE ...... 31
3.26 SUBLETTING OF RIGHTS ...... 31
3.27 Prevention of Defacement ...... 31
3.28 Force Majeure ...... 31
3.29 Assets to become property of AICTSL upon completion ...... 32
3.30 Assets to become property of AICTSL Upon premature termination ...... 32
3.31 Notices ...... 32
SECTION 4: ANNEXURES ...... 33
Annexure 1: COVERING LETTER ...... 33
Annexure 2: POWER OF ATTORNEY BY THE BIDDER IN FAVOUR OF DESIGNATED PERSON (S) IN CASE THE BIDDER IS NOT A SOLE PROPRIETOR ...... 35
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Annexure 3: FORMAT FOR PERFORMANCE GUARANTEE ...... 37
Annexure 4: FINANCIAL PROPOSAL FORMAT ...... 41
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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 the allotment of advertising rights on BRTS Bus-Shelters, BRT Railings, and Kiosks on Street Light Poles for a period of 5 Years.
1.2 SCOPE OF WORK 1.2.1 The licensee can install all the structures for advertisement mentioned under this tender document as detailed in clause 1.3 & 1.4 of Section 1 for a period of 5 (Five) years as per following detail. a. Signing of Contract Agreement within 15 days from the date of unconditional acceptance of 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 and after the three months the contract period will be counted for 5 years. AICTSL shall issue the letter to the agency mentioning the date of contract beginning. 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. Similarly till Year -4 & Year -5.
Duration:
License period shall be for Three years as per following detail. a. Signing of Contract Agreement within 15 days from the date of unconditional acceptance 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 with getting all clearances from AICTSL/IMC . c. Period of contract will be Three years from the expiry of construction period as mentioned in Section- 1.2.1(b).
1.3 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.
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The allotment of advertisement rights shall be as below: Section Start Point End Point Remarks A Niranjanpur Square Rajiv Gandhi square Section Length – 11.5 Km This shall include all other advertising media between the starting and end points, as per clause 1.4 of Section 1 of this document. This includes rotary of Vijay Nagar Indita Pratima. This also include the street light poles of the corridor & small street light poles between Navlakha to Bhawarkuan.
1.4 DESCRIPTION AND QUANTITY OF ADVERTISEMENT MEDIA FOR THE DIFFERENT MEDIA. S.No. Description Estimated Size (in No.s feet) Backlit Kiosk : At bus lane iron railing Backlit kiosk branding media made of 18 ons. Backlit flex on 1.25" square MS pipe structure of
6" wide, it covered by powder coated GI sheet. 1. LED Tubelight of ISI Mark, cable 2.5 mm ISI 3x6 feet Maximum Upto 750 copper wire. whole backlit structure made on No. single vertical 4" MS pipe with RCC foundation. ( Minimum distance between 2 railing Backlit Kiosk shall be 30 Mtr) Street Light pole Backlit boards Backlit kiosk branding media made of 18 ons. Backlit flex on 1.25" square MS pipe triangle structure, it covered by powder coated GI sheet. 2. 6x3 feet Max 650 LED Tubelight of ISI Mark, cable 2.5 mm ISI copper wire. whole backlit structure made on 12 mtr street pole.
Bus Shelter Branding: Backlit Boards above ticket counter
Backlit branding board media made of 18 ons. 2.6x10 3. 40 counters Backlit flex on 1" square MS pipe structure of 6" feet wide, it covered by powder coated GI sheet. LED Tubelight of ISI Mark, cable 2.5 mm ISI copper wire. Bus Shelter Branding: Backlit boards (right & 180 sq. ft. 40 ( Each station 2 4. left side wall) (in a sides) Backlit branding board media made of 18 ons. single Page 12 of 41
Backlit flex on 1" square MS pipe structure of 6" side ) wide, it covered by powder coated GI sheet. LED Total 2 Tubelight of ISI Mark, cable 2.5 mm ISI copper boards in wire. a single bus shelter Bus Shelter Branding: Acrylic sandwich board with LED light (at bus shelter shops tower) Sandwich board media made of LG/3M/Maxx vinyl with ecosolvent print with lamination, 8 5. MM clear acrylic (in 2 nos.) to be used for 5x10 feet 40 towers making as sandwich with vinyl. Led light to be used in the border of the board with in-grooving. board duly installed on the shop tower structure by the studs. Unipole (2 faces) branding media board made of 10 / 13 ons. front-lit/ Back Lit flex on 2 mm thick aluminum sheeting or powder coated GI sheet duly framed on 32x32x4mm angle iron tightened by 6mm stainless steel bolts , unipole board comprising of single vertical post of 300mm M.S Pipe 6 mtr. Height from the top of the R.C.C Foundation with 10mm M.S plate at 6. top and 12 mm M.S Plate at bottom and 42 horizontal frame 32mm N.B main pipe and 30x15 25mm N.B bracing expect at junction and feet corners which shall be 32mm N.B with one coat of steel primer and two coat of synthetic enamel paint . Board inner frame: 1.25"x 1.25" square pipe. These poles would be proposed with front side yellow/white halogen lights arrangement.
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Locations of Unipoles: 1. At Niranjanpur near Ibus stop. Road Center.
2. Between Niranjanpur & scheme no. 78.
3. Between Niranjanpur & scheme no. 78.
4. At Scheme no 78 Square.
5. Opposite to shalimar township ( May be at the gate/ near the gate)
6. At Transform Gym.
7. Opposite Transform Gym.
8. In front of Reliance fresh.
9. At Satya Sai Square.
10. In front of mangal city Hotel
11. Opposite to metro tower
12. Vijay nagar circle
13. Near Vijay nagar ibus stop pedestrian crossing.
14. Between country inn hotel & orbit mall
15. Opposite orbit mall
16. Near Shreemaya Hotel
17. Near at shoppers stop
18. Near at Gurudwara ( LIG)
19. At IG junction.
20. Near chaturvedi mansion.
21. At Guitar Square
22. Near palasia square
23. Geeta bhawan square
24. Near at suyash hospital
25. Shivaji vatika square
26. Near at M.Y. tempo stand Page 14 of 41
27. SBI main branch.
28. Opposite to central museum
29. Indira Gandhi square (Rotary)
30. Before Navlakha Square towards Rajeev Gandhi.
31. Before the bridge of Holkar College.
32. Before the bridge of Holkar College. (Opposite to first)
33. At the end of the bridge (holkar science college)
34. At the end of the bridge (holkar science college)
35. Before Bhawarkuan Square.
36. Before Bhawarkuan Square. (Opposite to first)
37. Opposite to kings park
38. Opposite to Jeep Show room.
39. Near Mata Gujri Ibus Station.
40. Opposite to Meera Garden.
41. At Rajeev Gandhi square
42. At Rajeev Gandhi square
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.
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6. 15% space shall be left overall for the AICTSL services branding. IMC/ AICTSL may ask the bidder to install the govt. related schemes or brandings on the media. No cost shall be provided to the agency against the same. Prior information shall be provided to the agency.
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 AICTSL. 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/ IMC 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 has to be arranged by the agency at his own cost. AICTSL shall asissit agency for taking separate connection for the media installed.
13. All the structural design approvals shall be provided by AICTSL// IMC officials and only after getting approval on media agency shall start installing the same.
14. Minimum Depth of kiosk shall be 10 to 12 inches.
15. Proper conducting & standard ISI mark cables to be used with junction boxes across the BRTS while performing any electrical work.
16. The Locations of Unipoles could be changed or modified depending upon the site clearance and availability. There shall be no guarantee of AICTSL/ IMC on unipole sites. Agency could suggest different locations on BRTS in that case but the final decision will be of AICTSL/ IMC authorities.
17. All rules/ regulations/ guidelines of Hon’ble supreme Court & Hon’ble High Court to be followed & compliances to be done by the agency. Also this apply with the advertisement policy 2017 & any changes time to time of State Govt. of MP.
18. Agency also needs to maintain the station name branding. The material shall be backlit flex of high quality. Also the focus light to be installed and maintained by the agency for the station branding at tower kiosk. The design shall be finalized by AICTSL.
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Important Note: Some important Parameters of advertisements: a. Rectangular lollipop advertising along BRTS railings: you are directed to implement the following directions and recommendations for advertising lollipops over the BRT railings are as follows:
The contractor is to ensure that any of the edges of the advertisement board over the railings does not extend beyond the width of the kerb at the base of the railings.
The advertisement lollipops shall be firmly grounded with a vertical pole and shall not be directly attached to the BRT railings.
In the 31. 5 meter RoW segment from LIG square to Navlakha but stop. The maximum height of the advertising lollipop shall be as per the road safety.
b. Advertising on Light Poles: You are directed to ensure that the minimum vertical clearance from the road surface is at least 5.5 meters as per guidelines specified in section – 8 of IRC – 54 (1974).
c. Advertisement Unipoles: You are directed to appoint a structural engineer to verify, design & check the stability of the unipole at every level. The following recommendations of the committee shall be ensured by the agency: The agency/ contractor shall engage a structural engineer to provide one or multiple certified designs as per the site conditions and submit the same to AICTSL.
Once constructed, the contractor shall submit a verification certificate from a structural engineer that the uni-pole erected as the design specified.
Where ever a uni-pole frame extends into the carriageway or service lane, a minimum vertical clearance of 5.5 meters shall be ensured.
In order to preserve the aesthetics of the corridor, it is recommended that a minimum distance of 200 meters is maintained between uni-poles on the same side of the corridor. However, it is to note that placing them closer has no implication on the safety or traffic flow aspects.
d. Electrical fitments: You are directed to ensure that that wiring which has been left open and tied to the railing or other pipes in a crude manner to be covered with recommended ducting. It is also directed that all electrical wiring be done through concealed pipes and fitments in a manner that will not be accessible to general public and also not cause any shock or other danger to any persons. During the entire process of advertisement agency is directed to follow the recommendations and all road safety norms during the implementation of the media. All the expenses incurred in the modification of the media shall be borne by the agency. The agency shall be made to follow all road congress and road safety norms of Roadside advertisement policy including the design parameters. Also all of the above recommendations of the committee and safety norms (including the roadside advertisement policy) shall be drafted on an affidavit. Further in future agency shall be liable for any change in the traffic safety if required. Page 17 of 41
SECTION 2: GENERAL TERMS AND CONDITIONS
2.1 QUALIFICATION CONDITIONS Following is the pre-qualification criteria: Mandatory documents to be submitted: a. 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. b. Self-declaration of non-black listing & the bidder should be legally competent to enter into contract as per prevailing laws. c. EMD to be provided as mentioned with proper covering letter against the particular section/ work. d. Average Turnover of last three financial years minimum Rs. 3 Cr. (Fy. 2015-2016, 2016-2017,2017- 2018) e. ITR of Last three financial year. (Fy. 2015-2016, 2016-2017, 2017-2018). f. Experience of media branding in large scale for minimum of 3 years. (Proof like images, documentary to be provided).
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 favour 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 Hon’ble Supreme Court of India or the Hon’ble 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 AICTSL on this account.
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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. 20,00,000.00 (Rupees Twenty Iakhs only) in the form of Demand Draft / Pay Order in 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). Along with the technical bid.
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 @ 10% of Gross License Value (GLV) for the entire contract period of 5 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 respects including warranty period, the Bank Guarantee will be returned to the contractor without any interest and upon submission of no claim certificate.
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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. Performance B.G. for supply of buses shall be in force upto 3 months beyond the Completion of supply contact.
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. AICTSL 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 shall have the same status and effect as an arbitration award.
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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 through 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. 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: Page 21 of 41
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. MD, AICTSL is the final authority for any decision or approval.
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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 1530hrs in the form of hardcopy after online submission on scheduled date mentioned in the NIT/ corrigendum issued 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 only via online medium).
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.
Financial bid to be sub mitted only via online. No hard copy of the financial bid to be submitted. Only technical to be submitted in hard copy and online.
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. This payment shall be mandatory. Proportion of GLV to Deadline for payment of GLV of one year be paid
40% of the yearly After issue of Letter of Acceptance from AICTSL, and strictly before quoted amount signing of the agreement
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30% of the remaining Just after the 5 months of the agreement signing date. amount
30% of the remaining After the 4 months of the second payment of the year. amount
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 5 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.10, 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 Financial bid to be submitted online via online as mentioned.
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 15.30 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 utilities in the vicinity of every site. Page 24 of 41
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.
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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, technical bid, and Cost of RFP document (if applicable) will be rejected. Thereafter financial proposal submitted by the Bidders online 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 corridor for Different bidders can be declared H1, H2 or H3 etc based on their bids.
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 bidder’s 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.
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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 execution, 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. 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. 3.10.5 Agency needs to submit the PF & ESIC registration certificate within 15 days after issuing of the LOA.
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: a. Late payment of AICTSL dues including interest accrued due to late payment. The Page 27 of 41
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 AICTSL 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 Licensee’s 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 clause is 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.10,000/- (Rupees Ten thousand only) per irregularity.
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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. Also the local taxes/ IMC taxes as per the rules shall need to be borne by the agency. Also the same needs to be intimated to AICTSL/ IMC time to time. 3.19.3 The Licensee shall bear the GST as may be applicable from time to time.
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 can’t 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. 2. The bidder should adhere to all applicable & relevant clauses from the Delhi Outdoor Advertisement Policy 2008 (Finalized as per the directions of the Hon’ble Supreme Court). You may please download the same document from the mentioned URL :
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http://www.cpcb.nic.in/upload/NewItems/NewItem_119_Delhi_outdoor_advt_polic y2008.pdf 3. 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 AICTSL’s name, logo or title without the licensor’s 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 men’s 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 or 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. 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.
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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 month’s 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, tempest , h u r r i c a n e , c y c l o n e , 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 involving 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, though not being obliged to terminate this agreement by giving a notice of one 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, though not being obliged to terminate this agreement
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by giving written notice to such effect
3.29 ASSETS TO BECOME PROPERTY OF AICTSL UPON COMPLETION At the expiry of tenure of 5 years all infrastructure/ media Developed by agency & provided by AICTSL as a part of this contract will become the property of AICTSL upon completion of the tenure of 5 years . Licensee is required to hand over all such facilities to AICTSL in good working condition. The licensee shall not tamper with the same or change their configuration. If the advertising infrastructure / media provided by AICTSL as a part of this contract are not handed over in good condition as required under this agreement, AICTSL reserves the right to seek exemplary damages and indemnification. AICTSL/ IMC team will do an Audit of the infrastructure/ media developed by agency & infrastructure/ media provided by AICTSL and then only performance guarantee shall be returned after clearing of all the dues. If the LICENSEE fails to do so within a grace period of 07 days from the d a t e of Natural Completion, 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 annual license fees. The security deposit of the licensee will released after adjustment of any kind of dues. Upon Natural completion display of advertisement must be stopped immediately.
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 AICTSL . Licensee is required to hand over all such facilities to AICTSL 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 32 of 41
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 Allotment of Advertising Rights on ibus (BRTS Indore) Bus-Shelters, Along BRT Railings via Lollipops, Unipoles, Kiosks on Street Light Poles, for a period of 5 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 ______2018_____issued by AICTSL_____.
For and on behalf of the bidder, I/we confirm:
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;
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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:
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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 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 Page 35 of 41
designated person) shall be binding on us as if same had been done by us personally
Signature ------[signature of authorized signing officer]
Name ------[Name of authorized signing officer]
Title ------[Title of authorized 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).
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Annexure 3: FORMAT FOR PERFORMANCE GUARANTEE (To be issued by a Scheduled Bank’s 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, 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”).
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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 Guarantor’s obligation hereunder. (6) This Guarantee shall be absolute, unconditional and irrevocable and shall remain in full
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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 Company’s 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.
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(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 Guarantor’s 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
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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 Allotment of Advertising Rights on ibus (BRTS Indore) Bus-Shelters, Along BRT Railings via Lollipops, Unipoles, Kiosks on Street Light Poles, , for a period of 5 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 Advertising Rights on ibus (BRTS Indore) Bus-Shelters, Along BRT Railings via Lollipops, Unipoles, Kiosks on Street Light Poles, , for a period of 5 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.
Financial Proposal for: Allotment of Advertising Rights on ibus (BRTS Indore) Bus-Shelters, Along BRT Railings via Lollipops, Unipoles, Kiosks on Street Light Poles, , for a period of 5 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.
Gross License Value for Gross License Value for S.No. Corridor details one year In Figures one year in Words
Niranjanpur Square to Rajeev Gandhi 1 Square –11.5 Km
Name of Bidder: Signature of the Authorized Person Seal: Address and contact number:
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