Tender Invitation by Madhya Pradesh Audyogik Kendra Vikas Nigam Limited for Solar EPC. To view more tenders, visit http://solarkart.ezysolare.com/tender-list
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Tender Invitation by Madhya Pradesh Audyogik Kendra Vikas Nigam Limited for Survey, Design, Supply, Installation and Commissioning Solar-Hybrid Traffic Signals in Industrial Area Mandideep | Location: Raisen, Madhya Pradesh | Closng Date: August 15, 2016 | Earnest Money Deposit: 47,000. To get BOM for this tenders, visit http://solarkart.ezysolare.com/tender-list
1. Tender Invitation by Madhya Pradesh Audyogik Kendra Vikas Nigam Limited for Survey, Design, Supply, Installation and Commissioning Solar-Hybrid Traffic Signals in Industrial Area Mandideep | Location: Raisen, Madhya Pradesh | Closng Date: August 15, 2016 | Earnest Money Deposit: 47,000 | View | Download
2. NIT
3. Tender level Details Tender No: * MPAKVNBL/TENDER NO -106 Tender Creation Date and Time: 27-07-2016 12:26 NIT No: * 17/2016-2017 Title: * Notice Inviting Tender Notice Invited for: Tender Stage: Three Stages Tender Call: * Second call Currency: Indian Rupee Email: * mpakvnbhopal@yahoo. co.in Division/Basin: * Bhopal• District: Raisen Vendor Class: * Class C• Tender Category: * WORKS• Tender Sub category: * Civil Works - General• Period of Completion (In months): * 01 Tender Type: Percentage Form Of Contract: General SOR: NA Name of Work: * Survey, Design, Supply, Installation and Commissioning Solar- Hybrid Traffic Signals in Industrial Area Mandideep Distt. Raisen Work No: * 1 Tender Fee details Probable Amount of Contract (PAC) in : * 2350400 EMD in : * 47000 Cost of Document in : * 5000 Processing Fee in : 288 Important Dates Purchase of Tender Start Date : * 27-07-2016 17:31 Prebid meeting Date and Time: 09-08-2016 15:00 Purchase of Tender End Date: * 15-08-2016 17:30 Bid Submission End Date: * 16-08-2016 17:30 Mandatory Subimission (Envelope A)Open Date: * 19-08-2016 10:30 Technical Proposal (Envelope B)Open Date: * 19-08-2016 10:31 Financial Bid (Envelope C)Open Date: * 29-08-2016 10:30
4. Document 1
5. Page 1 of 51 MP AUDYOGIK KENDRA VIKAS NIGAM BHOPAL Tawa Complex, First Floor, Bittan Market, E-5, Arera Colony, Bhopal-462016 Tender Notice Text Display Tender No : 16/2016/2017 N.I.T. Date : 27.07.2016 N.I.T. No : 17 of 2016-2017, 27.07.2016 Contractor Class : "C" Class (New Registration PWD M.P.) Contractor Level : C Tender Category : Work-Percentage Rate, Open (on B.O.Q.) Currency : INR Description : Survey, Design, Supply, Installation & Commissioning Solar-Hybrid Traffic Signals in Industrial Area Mandideep Distt. Raisen Report title : Survey, Design, Supply, Installation & Commissioning Solar-Hybrid Traffic Signals in Industrial Area Mandideep Distt. Raisen No. of Work : 1 Splitting Rule : No Restrictions Tender Type : Open Basin / Project : Survey, Design, Supply, Installation & Commissioning Solar-Hybrid Traffic Signals in Industrial Area Mandideep Distt. Raisen Circle / Division : MADHYA PRADESH M.P.A.K.V.N. Bhopal. Officer : A.K.S.SENGAR Designation : Executive Engineer Remark : 2nd Call Tender Notice Text Contents fufonk lwpuk fgUnh OFFICE OF THE MANAGING DIRECTOR MP AUDYOGIK KENDRA VIKAS NIGAM BHOPAL DETAILED NOTICE INVITTING TENDER N.I.T. No. : 17 of 2016-2017 dt. 27.07.2016 Online tenders are invited for the following Work on Percentage Rates. The Bid Seals (Hashes) will be received online on the portal mpeproc.gov.in on or before 16.08.2016 upto 5:30 p.m. The Tenders will be opened in the office of the undersigned as mention tender time schedule (key date) If desired, the contractors or their duly authorized representatives may remain present at the time of opening of tender S.No. Name of District Name of Work PAC (in Rs.) EMD (in Rs. Rs.) Contractor Class Time allowed for Construction (including / excluding Rainy Season) 1. I/A Mandideep Distt. Raisen Survey, Design, Supply, Installation & Commissioning Solar-Hybrid Traffic Signals in Industrial Area Mandideep Distt. Raisen 23,50,400 47,000/- "C" Class (New Registration PWD M.P.) 01 months including rainy season. EMD Amount In Rs.: 47,000/-
6. Page 2 of 51 Fee Structure Sr.No. Stage Amount (Rs.) 1. Tender Purchase - Online 5,000.00 (Non Refundable) Key Dates S.No. MP AKVN Bhopal Stage Start Date & Time Expiry Date & Time Envelopes 1. Release of Tender 27.07.2016 17:30 - - 2. Purchase of Tender Start & End Date 27.07.2016 17:30 15.08.2016 17:30 - 3. Bid Submission End Date (online) 27.07.2016 17:30 16.08.2016 17:30 4. Bid Submission End Date (Physically) i.e. EMD & other documents. - 17.08.2016 17:30 Envelopes A, B 5. Pre bed Meeting - 09.08.2016 3:00 5. Open EMD & Technical / PQ Bid 19.08.2016 10:30 - Envelopes A, B 6. Open Financial Bid 29.08.2016 10:30 - Envelopes C 1. The bidders shall have to submit their online (Decrypt the bids and re-encrypt the bids) and upload the relevant documents from as per key dates. Original EMD instruments & Technical documents, Technical staff should reach the office of the Managing Director, Madhya Pradesh audyogik Kendra vikas nigam Bhopal First Floor, Bittan Market, E-5, Arera Colony, Bhopal-462016 M.P. by 17.08.2016 up to 5.30 p.m. through speed post A.D. or hand delivery Nigam will not be responsible for any postal delays. 2. The successful contractor/Firm must get registered in appropriate class in M.P. P.W.D. under centralized registration system within 21 (Twenty one) days from issuance of letter of acceptance. Failure in compliance of which will lead to the forfeiture of the Earnest Money Deposit. 3. Tender form can be purchased online only from e-portal http:/mpeproc.gov.in by making online payment. The last date of purchase of tender 15.08.2016 to 5:30 P.M. 4. The Bid Data should be filled and the Bid Seals (Hashes) of all the envelopes and the documents which are to be uploaded by the Bidders should be submitted online upto as per time schedule (key Dates) 5. The Bidders shall have to submit their Bids online (decrypt the bids and re-encrypt the bids) and upload the relevant documents from as per time schedule (key Dates). 6. Bidding documents can also be viewed on M.P. AKVN Bhopal Website http:/www.mpakvnbhopal.nic.in however for bidding purpose online purchase procedure has to be followed as already mentioned in Note No. 3 above. 7. Other details can be seen in the tender documents. 8. Bidders are requested not to submit instruments belongs to ICICI Bank in tender proceedings. Executive Engineer
7. Page 3 of 51 Tender Survey, Design, Supply, Installation, & Commissioning Solar- Hybrid Traffic Signals In Mandideep Industrial Area. NIT No: 07 Dated: 27.07.2016 M.P. Audyogik Kendra Vikas Nigam, Bhopal Tawa Complex, First Floor, Bitten Market, E-5, Arera Colony, Bhopal – 462 016 Phone: 0755-2420301,www.mpakvnbhopal.nic.in
8. Page 4 of 51 Table of Contents 1.Disclaimer............................................................................................................................. 6 2.Check List.............................................................................................................................. 7 3.Notice Inviting Tender ........................................................................................................... 8 6. INTRODUCTION.................................................................................................................. 10 7. SCOPE OF WORK
............................................................................................................... 11 8. TIME PERIOD: ................................................................................................................ 13 9. TIME EXTENSION:......................................................................................................... 13 10. OTHER TERMS AND CONDITIONS OF THE TENDER:............................................ 13 11. SITE TERMINATION BY MPAKVN, BHOPAL PRIOR TO END OF CONTRACT PERIOD: .............. 14 12. NO LIABILITY OF MPAKVN, BHOPAL: ................................................................................. 15 13. BIDDING PROCESS / SUBMISSION OF TENDER: .................................................................. 15 14. GENERAL CONDITIONS...................................................................................................... 16 15. SITE VISIT AND VERIFICATION OF INFORMATION............................................................... 17 16. PROJECT SITE.................................................................................................................... 17 17. ELIGIBLLITY CRITERIA ........................................................................................................ 18 18. CONTENTS OF BIDS:.......................................................................................................... 20 19. BIDDING PARAMETERS: .................................................................................................... 21 20. SHORTLISTING OF BIDDERS:.............................................................................................. 22 21. SELECTION OF BIDDER: ..................................................................................................... 22 22. DISQUALIFICATION: .......................................................................................................... 23 23. EARNEST MONEY DEPOSIT (EMD):..................................................................................... 24 24. SECURITY DEPOSIT AND PERFORMANCE GURANTEE.......................................................... 24 25. PROPOSAL PREPARATION COST ........................................................................................ 26 26. PRE BID CONFERENCE ....................................................................................................... 26 27. VALIDITY OF OFFER........................................................................................................... 26 28. PAYMENT TERMS.............................................................................................................. 26 29. DISPUTES.......................................................................................................................... 27 30. LANGUAGE AND CURRENCY.............................................................................................. 27 31. REPRESENTATION OF THE PARTIES.................................................................................... 28 32. MAINTENANCE OF ALL TRAFFIC SIGNALS DURING CONTRACT PERIOD................................ 29 33. ROLES & RESPONSIBILITIES............................................................................................... 31 34. COMPLIANCE TO RULES, REGULATIONS, INSTRUCTIONS AND STATUTORY PROVISIONS:..... 33 35. CONTRACTOR'S RESPONSIBILITY FOR PUBLIC LIABILITY AND AGAINST ALL CLAIMS, ACT LOSSES ETC. 33 36. THE MANAGING DIRECTOR, MPAKVN, BHOPAL, AUTHORITY TO RECOVER THE COST IN CASE OF ANY DEFAULT 33 37. TERMINATION OF CONTRACT ON BREACH......................................................................... 34 38. SHIFTING / REMOVAL / DEMOLITION OF TRAFFIC SIGNAL.................................................. 34 39. TRANSFER OF RIGHTS. ...................................................................................................... 34 40. ACCEPTANCE/REJECTION OF TENDER. ............................................................................... 35 41. RISK PURCHASE CLAUSE.................................................................................................... 35 42. JURISDICTION OF COURT................................................................................................... 35 43. FORCE MAJEURE............................................................................................................... 35 44. WRITTEN AGREEMENT...................................................................................................... 35 45. INSPECTION AND TEST...................................................................................................... 36
9. Page 5 of 51 46. SUBMISSION OF STATEMENT ............................................................................................ 36 47. COUNTER OFFER............................................................................................................... 36 48. DISPUTE SETTLEMENT MECHANISM .................................................................................. 36 ANNEXURE-'A' ....................................................................................................................... 38 ANNEXURE- 'B'....................................................................................................................... 39 ANNEXURE- 'C'....................................................................................................................... 42 ANNEXURE-'D' ....................................................................................................................... 44 ANNEXURE-'E'........................................................................................................................ 45 ANNEXURE-'F'........................................................................................................................ 46 ANNEXURE-'G' ....................................................................................................................... 47 ANNEXURE-'H' ....................................................................................................................... 48 ANNEXURE-'I'......................................................................................................................... 49
10. Page 6 of 51 1.Disclaimer The information contained in this Tender Document or subsequently provided to Applicants, whether verbally or in documentary or any other form by or on behalf of the Managing Director M.P. Audyogik Kendra Vikas Nigam, Bhopal or any of its employees or advisers, is provided to Bidders on the terms and conditions set out in this Tender document and such other terms and conditions subject to which such information is provided. This tender document is not an agreement and is neither an offer nor invitation by the Managing Director, M.P. Audyogik Kendra Vikas Nigam, Bhopal (here after it will be referred as MPAKVN, Bhopal) to the prospective Applicants or any other person. The purpose of this tender is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this tender. This tender document includes statements, which reflects the intentionsof the MPAKVN, Bhopal in relation to the Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid traffic signals In Mandideep Industrial Area. The MPAKVN, Bhopal, its employees and advisers make no representation or warranty and shall have no liability to any person including any Applicant under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this tender document or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the tender document and any assessment, assumption, statement or information contained therein or deemed to form part of this tender or arising in any way in this Selection Process. The MPAKVN, Bhopalalso accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Applicant upon the statements contained in this tender document. The MPAKVN, Bhopalmay in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this tender document. The issue of this tender document does not imply that the MPAKVN, Bhopalis bound to award the Contract or to appoint the Selected Contractor, as the case may be, for the award of Contract for Supplyand Installation of Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid traffic signals In Mandideep Industrial Areaon the identified locations and the MPAKVN, Bhopal reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever. The Bidders shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated in connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and the MPAKVN, Bhopalshall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation or submission of the Proposal, regardless of the conduct or outcome of the Selection Process.
11. Page 7 of 51 2.Check List To ensure that your tender submitted to MPAKVN, Bhopal is complete in all respect, please go through the following check list & tick mark the enclosures attached with your tender. The attachments/enclosures are required to be submitted in exactly the same sequence of order as specified below: Sr.No. Description Attached Not Attached 1. Earnest Money Deposit / Proof of tender purchase cost 2. Authorization letter of the tenderer/ firm, for the person representing his firm, authorizing him to discuss, sign the documents with specific mention of this tender. 3. Details of similar work done in last three years with copies of orders and certificate from the customers, their address, Phone/Fax. (with order details such as name of the organization who has awarded the work, location of the project etc.) 4. Bidders must have installed at least 75 Solar operated Traffic signals 5. Details of technical staff available (Brief Bio-data of key personnel). 6 Declaration of the supplier about any relative working with JMC 7. In case, bidder is authorized representative of any solar-Traffic signal manufacturer, authorization copy clearly mentioning the tender number is must. (more than one authorization from a single manufacturer will leads to disqualification of all tenders of that manufacturer) 8. Certificate clearly declaring the tentative supply, installation and commission capacity of the tenderer per month (on company's letterhead) 9. Copy of valid CST /TIN/PAN/Service Tax registration certificate. 10. Tenderer should enclose a copy of aggregated turn over for the last three year (2013-14, 2014-15& 2015-16) duly certified by chartered accountant. 11. Undertaking to have or to develop and maintain adequate post installation services facilities in Bhopal. (The details should be enclosed) 12. The original document and all other supporting documents duly signed & sealed on each page, as a confirmation of acceptance of terms and conditions 13. Declaration Letter on official letterhead of bidder as per format attached. 14 Pleasespecify details of the Battery to be used along with make and literature of battery. 15 Please specify details of the Solar PV module to be used along with make and copy of the MNRE approved test report.
12. Page 8 of 51 3.Notice Inviting Tender NIT No.07, Dated 27.07.2016 Bidders are requested not to submit instruments belongs to ICICI Bank in tender proceedings. The MPAKVN, Bhopal invites sealed Tenders in 'Two-Bid' system i.e. Part-I -'Techno-Commercial Bid' and Part-II 'Financial-Bid' from the Prospective bidders for the "Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid Traffic Signals In Mandideep Industrial Area". As per detail given here under. Brief Schedule of bidding activities is as below: Description Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid Traffic Signals In Mandideep Industrial Area. Duration of Contract Six years (1+5) from the date of agreement, subject to satisfactory services and requirement of the MPAKVN, Bhopal Earnest Money (E.M.D.) Rs.47000/- (Rs. Forty Seven Thousand only) Cost of Bid Document (non refundable) Rs. 5000/- (Rs. Five Thousand only) Issue of RFP document 27-07-2016 Pre Bid Meeting Date 3:00 Hrs on 09.08.2016 Purchase of Tender End Date 17:30 Hrs on 15.08.2016 Bid Submission End Date 17:30 Hrs on 16.08.2016 Opening of 'Techno-Commercial Bid' 10:30 Hrs on 19.08.2016 Opening of 'Financial Bid' 10:30 Hrs on 29.08.2016 The detailed terms and conditions are given in the tender, which can be downloaded/purchased by the applicants from the website of MPAKVN, Bhopal - www.mpakvnbhopal.nic.in. The Tender document is available for bidding. The bidder has to submit through Demand Draft/Pay Order or by a sum of Rs. 5000/- in favour of 'Managing Director, M.P. Audyogik Kendra Vikas Nigam, Bhopal', towards cost of Tender Document.Earnest Money amounting to Rs. 47000/- (Forty Seven Thousand only)(FDR/DD) is also to be deposited at the time of submission of tender documents. Interested eligible applicants may obtain further information from the office of MPAKVN, Bhopal. The project consists of works as mentioned in the tender document. A firm/firms will be selected under the procedure as described in the detailed tender. Conditional Tenders will not be accepted. MPAKVN, Bhopal has right to accept/reject any tender without assigning any reason. MPAKVN, Bhopal reserves all rights to reject whole or part of the Proposal, all or any proposal and to modify the terms and conditions. Cost of Document Rs.5000/- ( Non refundable.) Demand Draft should be drawn on any Scheduled commercial bank in favour of"Managing Director, M.P. Audyogik Kendra Vikas Nigam, Bhopal". 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 MPAKVN, Bhopal.
13. Page 9 of 51 Executive Engineer 4. INSTRUCTIONS TO BIDDERS a) Bidders are to quote their rates location wise as mentioned in Performa of financial bid. b) Bidders are required to read carefully the contents of this document including Technical Capabilities. c) 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. Submittals from bidders will be evaluated on the basis of their experience and their technical, administrative and financial capability to perform the contract. Poor past performance record such as abandoning of works; blacklisting by any government organization or agency; not properly completing contracts; litigation history, financial failure etc. may lead to rejection. d) 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. e) 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 would be entertained by MPAKVN, Bhopal. However MPAKVN, Bhopal may, if necessary, at its sole discretion ask for any clarification regarding the submitted tender and/or other documents. f) 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. g) The Managing Director, MPAKVN, Bhopal shall have full rights to accept or reject tender, in part or full, without assigning any reason thereof. h) Bidder shall ensure to submit all desired duly signed documents in a single binding for convenience. i) The performance requirements are spelt out in various parts of the contract specification and the Contractor shall ensure that he fully understand and comply with all the requirements specified in the Tender Document. j) The successful bidder shall have to ensure the following within 15 days of issue of letter of acceptance to avoid cancellation of acceptance. a. Payment of security deposit / Performance guarantee.
14. Page 10 of 51 b. Payment of any other dues as may be indicated in the letter of acceptance. c. Submission of affidavits on stamp papers (Non-Judicial). d. Submission of all risks Insurance Policy valid for at least one year. 5. DIRECTIONS TO THE BIDDERS a) The licensee shall Survey, Design, Supply, Installation, & Commissioning of Solar-Hybrid Traffic Signals In Mandideep Industrial Area. b) The quantity mentioned above is tentative & is subjected to increase or decrease depending on the actual requirement at the time of placing order and resources available. c) While installing the Traffic Signal or during the contract period, the Contractor shall not cause any damage to street or pavement of the footpath, in any manner whatsoever, and shall strictly abide by the guidelines of MPAKVN, Bhopal for the same. d) The Solar-Hybrid Traffic Signals shall be structurally sound and maintained in good and in a properly secured condition. e) Any violation in terms of this tender or any other condition shall result in immediate cancellation of the contract without any prior notice. f) supporting structure shall have a non-reflective finish to prevent glare. g) The Solar-Hybrid Traffic Signals shall be well maintained. It shall be painted in colours that are consistent with, and enhance, the surrounding area. 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 use of equipment's installed in a Solar-Hybrid Traffic Signals by the Contractor and the consequential claim or claims shall be borne by the Contractor who will also indemnify and safeguard the MPAKVN, Bhopal in respect of any such claim or claims. The Contractor of the Solar-Hybrid Traffic Signals shall be liable to buy insurance against public liability. 6. INTRODUCTION MPAKVN, Bhopal is presently maintaining the Mandideep Industrial Area. The MPAKVN, Bhopal Intends toSurvey, Design, Supply, Installation, & Commissioning of Solar-Hybrid Traffic Signals In Mandideep Industrial Area as per enclosed conditions and specifications.This document outlines the overall scope of Contractor Services, sets out the basic requirements for the tender document and provides the evaluation criteria to be used as the basis for awarding the contract rights. The objectives of the tender document are to evaluate the Proponent's experience, technical expertise, project methodology, schedule and fees to provide the services for this assignment for Survey, Design, Supply, Installation, Commissioning and annual maintenance for five years of Solar-Hybrid traffic signal & solar blinker Systems as per attached Technical specification & the scope of the work from manufacturers or their authorized representatives. The rates are to be quoted for Survey, Design, supply / installation and commissioning and 5 years AMC (inclusive Preventive and Corrective Maintenance) and warranty at site. Objective of The Project: I. To provide un-interrupted solar signaling services without any break.
15. Page 11 of 51 II. To demonstrate use of solar energy in public domain. III. Monitor and maintain every signal point and to promptly attend the failure/ breakdowns. IV. Operate the solar signaling parameters at each traffic junctions. Proposed System: I. To bring standard Traffic Signaling System in Mandideep Industrial Area. II. Ensure zero downtime for the Traffic Signals. III. All signals will have Countdown timers, power backup, with all necessitated infrastructure required at site. IV. To operate signals for a period of Five years after commissioning. The primary responsibility of the vendor would be to: I. Survey and Design Solar – LED Traffic Signal System in Mandideep Industrial Area. II. Supply & installation of Microprocessor controlled Solar – LED Traffic signaling / Blinkers System. III. Operation of the Signaling System for a period of Six years (1+5). 7. SCOPE OF WORK
a) MPAKVN, Bhopal, invites location wise sealed Tenders in 'Two-Bid' system i.e. Part-I - 'Techno- Commercial Bid' and Part-II 'Financial-Bid' from the Prospective bidders for the "Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid Traffic Signals In Mandideep Industrial Area." b) MPAKVN, Bhopal shallearmark the locations for installation of Traffic Signal in Mandideep. c) The Contractor only for the purpose of installation of Traffic Signal can use the site. d) Successful Bidders shall be responsible for Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid Traffic Signals In Mandideep Industrial Area at specified location identified by MPAKVN, Bhopal as per "Annexure A". The maximum time periodfor setting up the Traffic Signal shall be 01 months (including rainy season). e) The successful Bidder shall arrange to supply, erect and maintain the systems as per the Tender conditions. f) The successful Bidder shall complete the RCC foundation works required for erecting the standard and cantilever poles. Care should be taken to construct the foundation work with bolts, to align the horizontal arm of the cantilever pole perpendicular to the road. The exact location of foundation works to be executed will be identified by MPAKVN, Bhopaland informed to the successful Bidder / contractor at the time of confirm order. g) Earthings using GI wire is to be provided at all pole locations.
16. Page 12 of 51 h) Necessary excavation works in the footpath and island are to be carried out for laying cables through HDPE pipe. After the laying of cables, all excavation works shall be restored to original condition. i) Standard pole and cantilever pole erection (with two coats of metal primer and one coat of enamel paint) and its alignment to be carried out by the Bidder / contractor. j) The Bidder shall install the solar panel, battery (in battery box) and the lamp heads on the standard / cantilever poles k) The physical installation of Controller (including Master, slaves, & police panel), and solar charge control unit on the standard/ Cantilever poles to be done by the Bidder / contractor under the supervision of the nominated / nodal agency. l) All cables shall be drawn carefully inside the HDPE pipes and poles through cable entry holes and bend pipes. Care should be taken not to damage the cable insulation while pulling cables. m) Unless otherwise defined in the Contract, excavations shall be formed with a clean edge in such a manner that the adjacent road or footways, including edges are not damaged to ensure reinstatement to match and be continuous with the adjacent area. Road Cutting will be Permitted subjected to minimum size for Cabling. However repairing will be done as per standards by Bidder / contractor at their cost. (The Contractor shall be responsible for all reinstatements undertaken as part of the Contract in roads upto the application of cold mix and footpath upto surface levelling.) n) Painting of poles (second coat enamel paint) to be done when all erection and cabling works are completed. o) One-year warranty support and 5 year AMC support after the warranty period for the supplied items and work executed is to be provided from the date of commissioning of the system. p) During the warranty and AMC period, Bidder / contractor shall replace/rectify all faulty items like lamp heads, solar panel, batteries, wirings, etc. at their own expense. The Bidder / contractor shall carry out the preventive maintenance of the solar panel (i.e. cleaning of dust on the panel on bi-monthly basis) during the warranty and AMC period. All service calls shall be attended within 24 hours of reporting. q) Requirement of hydraulic ladder / winged ladder (for cleaning of systems), etc. shall be under the scope of the Bidder / contractor during the entire contract period. r) Contractor / bidder must make their own arrangement for AC power (grid power) connection for entire period of AMC. They will bear all expenses for the same. The Contractor shall be responsible for all costs associated with the provision of electricity supplies required in order to meet the contractual requirements. s) At the expiry of the 5 years of AMC bidder will hand over the completed (In running /operational condition) system to nominated / nodal agency. In this case ownership of all equipment's and systems will be transferred to nominated / nodal agency.
17. Page 13 of 51 t) The contractor / bidder will ensure the installation of system /solar panels to withstand the storm about 150Kmper hr. and bad weather in the demographic area. u) Bidder will ensure to work under all statuary permissions. v) Tentative pole drawings and SPV module-mounting structure (adjustable) is attaché herewith for reference. w) During the course of implementation of the project the contractor shall make all arrangements with and obtain the necessary approvals from the competent authority for temporary traffic arrangements and control. x) Bidder will ensure to keep sufficient spares for immediate replacement in case of fault. y) The successful Bidders should have a Service Centre/Manufacturing Facility in Bhopal of his own or he shall be required to submit an undertaking for opening a Service Centre in Bhopal of his own within seven days of agreement against this tender. a) The service center should be equipped with all testing equipment's, spares and machineries which should be available for attending the complaint within 24 hours b) The service center should have 2 engineers, 2 electricians and 2 workers for daily maintenance and cleaning. c) The service center should have a crane and a 24-hour complaint registration facility. 8. TIME PERIOD: a) The Time Period for completion of the project after signing of the agreement shall be 90 days. This will include installation and testing and commissioning. The firm will be responsible for smooth operation of the system for a period of 5 year after commissioning and any defect / replacement of the equipment will be at the cost of the company. 9. TIME EXTENSION: a) If for any reason beyond the control of Contractor, the work is not completed within the given time frame, the Managing Director, MPAKVN, Bhopal may consider grant of extension after having found the reasons to his satisfaction, submitted by contractor within the scheduled time. 10. OTHER TERMS AND CONDITIONS OF THE TENDER: a) Power of Attorney/Board Resolution(for companies) to sign the agreement on behalf of bidder and partnership deed, memorandum of articles of association etc. should be enclosed
18. Page 14 of 51 along with documents if any. b) All pages of the document must be signed & Seal affixed by the authorized person on behalf of the bidder c) No Acknowledgement of the tenders received / submitted in the office, shall be issued by the MPAKVN, BHOPAL. d) Copy of Registration Certificate with relevant Department of the State/Central Govt. e) Postal delays shall be no excuse for accepting tenders after stipulated date and time. No bid shall be accepted by Fax. Tenders received unsealed / open, shall not be considered. f) Conditional offer shall not be accepted. g) Direct or indirect canvassing on the part of the bidder or his/her representatives will lead to disqualification. h) The acceptance of the offer will rest with the Managing Director, MPAKVN, Bhopal, who does not bind him/herself to accept the lowest tender and may reject any or all tenders without assigning any reason thereof. i) No price escalation on account of any statutory increase in or fresh imposition of custom duty, excise duty, sales tax or duty etc. Levi able in respect of the goods/raw materials specified in the said acceptance of the tender shall be applicable. j) Bidder will have full responsibility for packing, forwarding, transportation, supply and responsibility of any type of breakages/losses etc. The goods will be delivered at the destination stores, installed and commissioned at site in the perfect conditions as ordered. k) Supplier will be bound to put a name plate/ label/mark/Serial No. /Code No. etc. on the product. l) Octroi charges, if applicable, will have to be borne by the bidder. m) The complete literature, warranty card, operation and maintenance manual inclusive of "DOs and DON'Ts" along with specifications of the materials offered must accompany the supplies. The bidder will have to supply operation and maintenance manual with Dos and Don'ts and remedies of minor faults related to each system. n) The price shall remain constant during the currency of the contract. o) In case of some accident at site after installation and commissioning of the system the responsibility of repair lies with the bidder / contractor. p) All excavations, trenches, obstructions, materials, etc., taken, kept or deposited in connection with the work would be sufficiently lighted at night in order to guard against any damage or danger to the traffic and to take all precautions to keep all the lamps lighted through the hours of darkness for the guidance of the traffic q) The Contractor shall record the cable identification and attach a weather-resistant identification tag, approved by the Engineer. Sharp bending and kinking or cables shall be avoided. The bending radius for various types of cables shall be as per standard procedure. 11. SITE TERMINATION BY MPAKVN, BHOPAL PRIOR TO END OF CONTRACT PERIOD: a) In case of termination of the contract by MPAKVN, Bhopal prior to end of validity period in accordance with the terms and conditions of this Tender, the Successful Bidder will have to handover the properly working Traffic Signal to MPAKVN, Bhopal.
19. Page 15 of 51 b) MPAKVN, Bhopal at any time may take back the physical possession of the Traffic Signal if the site is required for any development project with the approval of competent authority. 12. NO LIABILITY OF MPAKVN, BHOPAL: a) MPAKVN, Bhopal will not be responsible or liable on any account for any incident whatsoever at these sites. b) The Successful Bidder shall indemnify and keep indemnifying the MPAKVN, Bhopal in respect of the losses or damages or expenses of litigation in connection with the Traffic Signal.
1. MPAKVN, Bhopal reserves the rights to carry out inspection by any official of the MPAKVN, Bhopal to ensure that management of these Traffic Signal is being done as per the terms and conditions and directions of MPAKVN, Bhopal from time to time. 2. No Tenancy Rights / Title / Interest: a) The permission by MPAKVN, Bhopal shall be for a limited period and only for use as per the terms and conditions and agreement related thereto. This does not create any tenancy rights enjoyable by the Successful Bidder. b) The land of such sites shall always remain the property of respective authority in whose jurisdiction the ownership of land vest and the successful bidder shall not claim any right/title/or interest to any right or any nature of easement in relation to or respect thereto. c) The Successful Bidder shall peacefully hand over the site to MPAKVN, Bhopal immediately but not later than 15 days after the end of the contract period or upon early termination of the contract as per tender terms and conditions. 3. Each bidder must conduct survey of the sites and make independent evaluation of the scope of work. No bidder can hold MPAKVN, Bhopal responsible for non-understanding of the scope of work. Bidders are free to visit the sites listed in this Tender Document. The process is fully in public domain and no separate information shall be given to any bidder by MPAKVN, Bhopal on this account. 13. BIDDING PROCESS / SUBMISSION OF TENDER: MPAKVN, Bhopal has adopted single stage, two-step process (referred to as the "Bidding Process") for selection of the Bidder for award of the Project. All Bidders shall submit their Technical Proposal and Financial Proposal against this Tender in a single stage ("the Bidder"). The first step of the process involves qualification on the basis of the Technical Proposal submitted by the Bidders in accordance with the provisions of Tender. At the end of the first step, the MPAKVN, Bhopal shall shortlist pre-qualified Bidders. In the second step of the process, Financial Proposal of only these
20. Page 16 of 51 shortlisted pre- qualified Bidders shall be opened and evaluated for identification of the Successful Bidder. Tender should reach on or before due date as mentioned in NIT. The "Financial Bid" envelopes shall be opened of Technically Qualified bidders & they may attend the Tender opening proceedings, if they desire so. Tender Forms should be clearly filled in ink or duly typed giving full address of the tenderers. The rates should be quoted in figures as well as in words without any cutting and overwriting. The Overwriting or alterations will disqualify the tender unless they are legibly attested by the tenderer. The rate should be kept valid for 180 days from the date of opening of the Techno Commercial Bids. If the Bidder withdraws his offer before the said date, the earnest money will be forfeited in full. The Bidding Documents include the draft Agreement for the Project. The aforesaid documents and any addenda issued subsequent to this Tender Document, or modified Tender documents but before the Bid Due Date, will be deemed to form part of the Bidding Documents. The Lowest Bidder shall be the Successful Bidder. The remaining Bidders shall be kept in reserve and may, be invited to match the Bid submitted by the Lowest Bidder in case such Lowest Bidder withdraws or is not selected for any reason. In the event that none of the other Bidders match the Bid of the Lowest Bidder, MPAKVN, Bhopal may, in its discretion, invite fresh Bids from all Bidders or annul the Bidding Process, as the case may be. Bidders are invited to examine the Project in greater detail, and to carry out, at their cost, such studies as may be required for submitting their respective Bids for award of the Concession including implementation of the Project. The decision of the MPAKVN, Bhopal to this effect shall be final and binding on the tenderer(s). The bid will be opened in front of the Committee, at the Office of the Managing Director, M.P. Audyogik Kendra Vikas Nigam, (Bhopal) Tawa Complex, First Floor, Bitten Market, E-5, Arera Colony, Bhopal – 462 016, which will be informed at later stage. 14. GENERAL CONDITIONS The prospective bidders are required to inspect the location for Installation of Traffic Signal defined in Annexure-Aand after inspection of the site of the proposed location for Installation of Traffic Signal they may quote the rates. The tenderer submitting the tender will be considered to have accepted all the terms and conditions and no further terms and conditions will be accepted. No enquiries in written or verbal will be entertained with regard to acceptance/rejection of the tender. Any attempt on the part of the tenderer to influence any official/officer of this Organization will disqualify the tender. Traffic Signal Installation location shall be available on "as is where basis" as per defined in Annexure-A to the successful bidder. The grant of installation of Traffic Signal by the Successful Bidder for MPAKVN, Bhopal along with equipment's and accessories provided therein shall vest with the MPAKVN, Bhopal except that these will be operated and maintained by the Successful Bidder during the agreement period. The Title, interest in and ownership of land remains with the land owning agency.
21. Page 17 of 51 15. SITE VISIT AND VERIFICATION OF INFORMATION 15.1. Bidders are encouraged to submit their respective Proposals after visiting the earmarked locations and ascertaining for themselves, the site conditions, traffic, location, surroundings, climate, access to the sites, and availability of information with the MPAKVN, Bhopal, Applicable Laws and regulations or any other matter considered relevant by them. I. It shaII be deemed that by submitting a Bid, the Bidder has: a. Made a complete and careful examination of the Bidding Documents; a. Received all relevant information requested from the MPAKVN, Bhopal; b. Acknowledged and accepted the risk of inadequacy, error or mistake in the information provided in the Bidding Documents or furnished by or on behalf of the MPAKVN, Bhopal relating to any of the matters referred to in Clause 15.1. above; c. Satisfied itself about all matters, things and information including matters referred to in Clause 15.1. herein above necessary and required for submitting an informed Bid, execution of the Project in accordance with the Bidding Documents and performance of all of its obligations there under; d. Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in the Bidding Documents or ignorance of any of the matters referred to in Clause 15.1. herein above shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc. from the MPAKVN, Bhopal, or a ground for termination of the Agreement; e. Acknowledged that it does not have a Conflict of Interest; and f. Agreed to be bound by the undertakings provided by it under and in terms hereof.
The MPAKVN, Bhopal shall not be liable for any omission, mistake or error on the part of the Bidder in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to tender, the Bidding Documents or the Bidding Process, including any error or mistake therein or in any information or data given by the MPAKVN, Bhopal.
16. PROJECT SITE
22. Page 18 of 51 MPAKVN, Bhopal hereby undertakes to handover to the Successful Bidder physical possession of the Project Site free from encumbrance together with the necessary rights of way leaves for the purpose of implementing the Project but subject to the rights of MPAKVN, Bhopal and the land owning agency. The project shall commence within seven days from the signing of the contract date of Agreement and the handing over of sites shall be linked to agreed erection/installation schedule. MPAKVN, Bhopal confirms that upon the Project Site being handed over pursuant to the preceding para, the Successful Bidder shall have the right to enter upon, occupy and use the Project Site and to make at Successful Bidder's costs, charges and expenses such development and improvements in the Project Site as may be necessary or appropriate to implement the Project and to provide the Project Facility subject to and in accordance with the provisions of this Agreement. Under no circumstances, the successful bidder shall not use the project site for any purpose other than for the purposes of installation of Traffic Signal. 17. ELIGIBLLITY CRITERIA The prospective bidders shall be considered as eligible bidder if the bidder fulfills and submits the following with the tender form. 17.1. Technical Criteria: a) The bidder should be an Individual firm/Company incorporated in India and operating for at least last three years. b) The joint venture or consortiums are not allowed to participate in this tendering process. c) Copies of registration certificate of the firm/company, Memorandum and Articles of Association in case of firms registered under the Companies Act. d) Bidders must have installed at least 75 Solar operated Traffic signals in last three years. e) Bidders must have experience in the field of ITS (intelligent transportation system) with experience of manufacturing these products. The Bidder should be OEM for the offered products clearly mentioning the tender number (Bidder to submit documentary proof for the quoted items). (Please ensure to submit the desired documents in support of your eligibility for the tender at a place duly flagged) f) The Bidder Firm/company should have valid CST / VAT / PAN. g) The Bidder should submit proof i.e. certificate issued by competent Govt. authority certifying the manufacture of traffic signals fixtures of quoted items or the authorization as the case may be. (Document relating to manufacturers registration with government agency) h) The successful Bidders should have a Branch Office / Service Centre in Bhopal of his own, in case bidder does not have their office / service center in Bhopal at present, he shall be
23. Page 19 of 51 required to submit an undertaking for opening a Branch Office / Service Centre in Bhopal of his own within seven days of agreement against this tender. i) The Bidder should not have been debarred from any Central / State Govt. Departments / Agencies / Boards / Corporations / PSUs / public limited etc. j) The bidder should be certified with ISO 9001:2008, ISO 14001:2004, ISO 18001:2007 & CE marking for the products k) The bidder shall have to furnish an affidavit on Non Judicial Stamp paper of Rs. 200/- duly attested by a Notary Public indicating that he/she has not been debarred blacklisted by MPAKVN, Bhopal or by any other Municipal Corporation of India or by any Department/Board/Corporation of Govt. of India or of any State Govt. or any PSU. l) The Bidders shall enclose with its letter comprising the bid, as per the format at Appendix- I, complete with its Annexes, the following: a. In case a particular job/ contract has been executed by the Bidder, it should further support its claim for the share in work done for that particular job/ contract by producing a certificate from its statutory auditor or the client; and Note: a) Joint Venture Firms or consortium firms cannot participate in Tender. b) The bidder who is a defaulter or blacklisted by MPAKVN, Bhopal before the date of opening of techno commercial Bid cannot participates in the tender. c) The Bidder should furnish the details of Eligible Experience during the past 3 (three) years w.r.t. projects specified in experience. d) The Bidders must provide the necessary information relating to Technical Capacity provided. e) The Bidder should furnish the required Project-specific information and evidence in support of its claim of Technical Capacity, as per format provided. 17.2. Financial Criteria: a) Aggregate turnover of the prime bidder during the last 3 years ending 31st March 2016 must be at least Rs.750.00 Lakhs. Audited financial statement for the financial year i.e. 2013-14, 2014-15 and 2015-16 shall be submitted along with the technical bid, in case the audited financial statement is not available for 2015-16 then provisional financial statement duly certified by CA is must. b) The bidder should submit Audited Balance Sheet/certified certificates mentioning Turn Over. Note: a) The Bidder fulfilling the above mentioned criteria shall be considered as Financially Capable. b) Last three financial years shall be reckoned as F.Y. 2013-14, 2014-15 and 2015-16. c) The Audited Annual Reports of the Bidder must accompany the Bid for the last 3 (three) financial years, preceding the year in which the Bid is made. d) In case the annual accounts for the latest financial year are not audited and therefore the Bidder cannot make it available, the Bidder shall give an undertaking to this effect and the statutory auditor shall certify the same. In such a case, the Bidder shall provide the Audited Annual Reports for 3 (three) years preceding the year for which the Audited Annual Report is
24. Page 20 of 51 not being provided. e) The Bidder must establish the minimum Average Annual Turnover and Net Worth specified earlier, and provide details as per format at Annex-III of Appendix -I. In order that Bidder(s) qualify to bid for this Tender, Bidder(s) shall be liable to submit a Technical Bid in the form and manner set forth in Annexure of this Tender Document along with all required documents. 17.3. TECHNICAL CAPACITY FOR PURPOSES OF EVALUATION a) The Bidder must establish the Technical Capacity as mentioned in Clause earlier (a), and provide details. b) The Bidder shall quote experience in respect of a particular Eligible Project only, even though the Biddermay have played multiple roles in the cited project. Double counting for a particular Eligible Project shall not be permitted in any form. 18. CONTENTS OF BIDS: a) The Contents of Techno Commercial Bid (Envelope A): This envelope shall contain: - i. Firms "Techno-commercial" offer, seal and signed MPAKVN, Bhopal tender form, terms and conditions and Tender Document. i. Tender Form for the work "Survey, Design, Supply, Installation, & Commissioning Solar- Hybrid Traffic Signals In Mandideep Industrial Area" as purchased shall be submitted to the Office of the Managing Director, M.P. Audyogik Kendra Vikas Nigam, (Bhopal) Tawa Complex, First Floor, Bitten Market, E-5, Arera Colony, Bhopal – 462 016 ii. Copies of registration certificate of the firm/company, Memorandum and Articles of Association in case of firms registered under the Companies Act. iii. Applicants shall be required to submit the Tender document fees (non refundable) of Rs. 5000/- (Rupees Five Thousand Only) through Demand Draft from a nationalized bank. iv. Earnest Money Deposit (EMD) of Rs. 47000/- (Forty Seven Thousand Only) shall be deposited through Demand Draft/FDR from a nationalized bank. v. Applicant must submit all relevant document w.r.t Technical and Financial Bid Qualification in Envelop A. b) The Contents of Financial Bid (Envelope B): vi. The bidder shall bid for minimum any of the three numbers of zones as mentioned in annexure A. The bidder has to bid for all location/sites as specified in each zone.
25. Page 21 of 51 vii. This envelope should contain: Bidders "Financial–Bid" in the format as per Annexure 'D' and only in INR. 19. BIDDING PARAMETERS: a) The bidding will be in three stages and at the end of every stage short listed bidders will be informed to have fair and healthy competition. The following is the comprehensive procedure for selection of bidders at each and every stage. b) A project shall be awarded to the L1 bidder who quotes the lowest amount for installation of Traffic Signal to MPAKVN, Bhopal. c) The bidder shall furnish the below mentioned required information in Stage-I Bidding (Pre- Qualification). The bidder who fails to provide necessary information will be liable to be treated, as non-responsive. Information furnished after opening of the stage I bids will not be considered for evaluation purpose. Pre-qualification I. A copy of registration certificate of the company / firm II. Local Presence or undertaking for opening local office within seven days of the agreement. III. Experience certificates/work order regarding working in the field of Installation of Traffic Signal System. IV. Three years Audited Balance sheet certified by Chartered Accountant / CA certificate. V. Experience in handling similar projects during the last 3 years and past track record of Bidder VI. Project experience in supply, installation and maintenance etc. of at least 75 signals and cost of the project. VII. Profile of the Company VIII. Proof of Tender Fee and EMD Stage-II Technical Bidding Procedure The qualified bidders in the Stage I may be asked to give presentation on the solution offered and Technological related issues. At this stage the bids will be evaluated on the basis of information provided by bidder on following points: 1. Technical Compliance. 2. Note on the understanding of the project and related issues.
26. Page 22 of 51 3. Detailed Technical methodology of the proposed work including technical description of the system offered. Approach paper indicating as to how the deployed solution will work. 4. Details of equipment to be installed at a junction. (a sample design for any type of road intersection i.e. TIRAHA / CHOURAHA etc.) 5. List of cities where Annual Maintenance Contract(s) is/are currently undertaken and completed in past by the bidder. 6. Information regarding current litigation debarring/ blacklisting/ expelling of bidder or an abandonment of work by bidder, if any with reasons thereof 7. Manufacturers / authorization for all products proposed. 8. Approach for execution. 9. Manpower deployment plan& plan for the movement if Technical manpower to sites. 10. Issues and Risks in the implementation. 20. SHORTLISTING OF BIDDERS: a) In the first Step of evaluation, Technical Proposals of Bidders adjudged responsive should be considered for Technical evaluation. The Bidders qualifying as per the conditions shall be shortlisted as pre-qualified Bidders and shall be considered for the next step of evaluation. b) In second step of evaluation; Financial Proposals of only those Bidders who have passed the first step shall be opened in presence of the nominees of the Bidders, who choose to attend the same. 21. SELECTION OF BIDDER: a) The Bidders whose Financial Proposal is adjudged as responsive & unconditional and who quotes the Lowest Amount shall be declared as Successful Bidders. (The "Successful Bidder") b) In the event that two or more Bidders quote the same lowest amount (the "Tie Bidders"), the MPAKVN, Bhopal shall identify the Successful Bidder by draw of lots, which shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to attend. c) In the event that the Lowest Bidder withdraws or is not selected for any reason in the first instance (the "first round of bidding"), the MPAKVN, Bhopal may, at its discretion, invite all the remaining Bidders to re validate or extend their respective Bid Security, as necessary,
27. Page 23 of 51 and match the Bid of the aforesaid Lowest Bidder (the "second round of bidding"). If in the second round of bidding, only one Bidder matches the Lowest Bidder, it shall be the Successful Bidder. If two or more Bidders match the said Lowest Bidder in the second round of bidding, then the Bidder whose Bid was Lower as compared to other Bidder(s) in the first round of bidding shall be the Successful Bidder. For example, if the third and fifth Lowest Bidders in the first round of bidding offer to match the said Lowest Bidder in the second round of bidding, the said third Lowest bidder shall be the Successful Bidder. d) In the event that no Bidder offers to match the Lowest Bidder in the second round of bidding as specified, the MPAKVN, Bhopal may, in its discretion, invite fresh Bids (the "third round of bidding") from all Bidders except highest Bidder of the first round of bidding, or annul the Bidding Process, as the case may be. In case the Bidders are invited in the third round of bidding to re validate or extend their Bid Security, as necessary, and offer fresh Bids, they shall be eligible for submission of fresh Bids provided, however, that in such third round of bidding only such bids shall be eligible for consideration which are Lower than the Bid of the second Lowest Bidder in the first round of bidding. e) After selection, a Letter of Intent (the "LOl) shall be issued, in duplicate, by the MPAKVN, Bhopal to the Successful Bidder and the Successful bidder shall, within 15 (Fifteen) days of the receipt of the LOl, sign and return the duplicate copy of the LOl in acknowledgment thereof. In the event the duplicate copy of the LOI duly signed by the Successful Bidder is not received by the stipulated date, the MPAKVN, Bhopal may, unless it consents to extension time for submission thereof, appropriate the Bid Security of such Bidder as mutually agreed genuine pre- estimated loss and damage suffered by the MPAKVN, Bhopal on account of failure of the Successful Bidder to acknowledge the LOl, and the next eligible Bidder may be considered. f) After acknowledgment of the LOI as aforesaid by the Successful Bidder, it shall execute the Concession Agreement within the prescribed period. The Successful Bidder shall not be entitled to seek any deviation in the Agreement. 22. DISQUALIFICATION: Even though the Bidder meets the pre-qualifying criteria, they could be disqualified if they have: a) Submit the tender document after the date mentioned in advertisement. b) Made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements. c) Submit the tender document, which is not accompanied by the required documents or is non-responsive. d) Failed to provide any clarifications related thereto. e) Where the bidder has already submitted the tender document and is a member of entity, which has already submitted the tender document, or vice versa.
28. Page 24 of 51 f) If any member of an entity is replaced or withdraws, except without prior written permission of MPAKVN, Bhopal at any stage. g) The successful bidder is not allowed to sub-lease the space to any other without the prior permission of Managing Director, MPAKVN, Bhopal. h) Violates any other condition mentioned herein before/herein after. i) If any such information which would have entitled MPAKVN, Bhopal to reject or disqualify the Bidder, becomes known after the bidder has been pre-qualified, MPAKVN, Bhopal reserves the right to cancel the pre-qualification of the bidder at any later stage, without assigning any reason thereof. j) Bidders who canvass or attempt to influence the pre/post – qualification or selection process shall necessarily be disqualified from the process at any stage. k) Where the bidder has been declared as defaulter or blacklisted by MPAKVN, Bhopal before the date of opening of techno commercial Bid. 23. EARNEST MONEY DEPOSIT (EMD): The tenderers are required to submit Earnest Money Deposit (EMD) of Rs.47000/-(Forty Seven Thousand only) be deposited through demand draft of a nationalized bank. (No other mode of payment shall be accepted). Tenders not accompanied by earnest money are liable for summary rejection. The earnest money of successful bidder shall be converted into non-refundable Project Development Fees. The EMD of unsuccessful tenderer(s) shall be refunded only after award of contract to the Successful Bidder. No interest will be paid on the EMD/Security deposit. The Managing Director, MPAKVN, Bhopalreserves its right to make recovery of claims, if any, from the EMD deposited against this tender. Earnest money shall be liable to be forfeited by the Managing Director, MPAKVN, Bhopalor any other official authorized by the Managing Director, MPAKVN, Bhopalon ground if the quotations are withdrawn by the tenderer(s) before opening the tender or within 60 days of the opening of the tender. The token EMD is indicated in the document however it may be appropriately enhanced before work order. Total 5% of the bid value shall be of the financial offer shall be required to deposit before final work order. The EMD will be forfeited in case the successful Tenderer fails to sign the contract in accordance with terms and conditions. After successful completion of the work EMD of all bidders will be returned /released. 24. SECURITY DEPOSITAND PERFORMANCE GURANTEE
29. Page 25 of 51 a) The successful bidder shall have to submit the Performance Security deposit in form of A Bank Draft/Pay Order/Bankers Cheque/Bank Guarantee in favour of Managing Director, MPAKVN, Bhopal by a Scheduled/ Nationalized bank for an amount equivalent to the 5% (Five) percent of the project cost/value (as quoted by the Successful Bidder), has to be made before the Traffic Signal site is handed over to Successful Bidder. However, in the event of deposition of security deposit by way of Bank Guarantee the period of the same shall be for the entire contract period plus 6 months i.e. for 60 months. b) Any offer, which is not accompanied by the requisite Earnest Money Deposit, shall be rejected outright. c) It is mentioned that EMD of successful bidder will be treated as Non-refundable Project development fees (PDF) &it shall not be released/refunded. d) The EMD of the other bidders shall be returned in accordance with other conditions of this tender. e) No interest will be payable to the tenderer on the Security Deposit deposited with the MPAKVN, Bhopal. f) The EMD shall however be forfeited in the following cases: I. If the bidder withdraws its proposal (offer) during the interval between the Proposal Due Date and expiration of the Proposal Validity Period; II. 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 MPAKVN, Bhopal; III. 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 MPAKVN, Bhopal. g) The Performance Guarantee will remain freeze during the entire contract period of Six (6)years orup to the period of extended contract and it will not be released to successful bidder. If successful bidder fails to hand over the functional Traffic Signals at the completion of contract period by him on this tender, the amount will be adjusted from Performance Guarantee. All the compensation/ claim or other dues/liabilities payable by the Successful bidderunder the terms or by virtue of this contract/or any other contracts shall be deducted by the MPAKVN, Bhopal from the Performance Guaranteeor from any other sum which may be due or may become due to the Successful Bidderfrom the MPAKVN, Bhopalon any account whatsoever and same amount will be deposited by Successful Bidder to MPAKVN, Bhopalwithin 10 Days. h) The amount of Performance Guarantee as Security deposit shall be forfeited if the Successful Bidder abandons or fails to perform the contract at any time during the contract period. Further, if it is observed at any time during the period of contract that the party has submitted fake/bogus documents in tender to gain the contract then the contract shall be terminated and performance security shall also be forfeited. i) The amount of the performance guarantee as security deposit shall be forfeited if the Successful Bidder fails to perform the contract at anytime and in such other events as are elsewhere provided in the contract.
30. Page 26 of 51 25. PROPOSAL PREPARATION COST a) 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. MPAKVN, Bhopal will not in any way be responsible or liable for such costs, regardless of the conduct or outcome of bidding. 26. PRE BID CONFERENCE a) Pre-Bid conference of the Bidders shall be convened on as per clause of this tender of the 9.08.2016. Bidders will be required tosend their queries in writing or mail at least 2 days prior to the pre- bid meeting to. b) During the course of Pre-Bid conference, the Bidders will be free to seek clarifications and make suggestions for consideration of the MPAKVN, Bhopal. The MPAKVN, Bhopal shall endeavor to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Bidding Process. c) The MPAKVN, Bhopalshall reply only those clarifications, which are received in writing. 27. VALIDITY OF OFFER a) The Proposal shall remain valid for a period not less than One Eighty (180) days from the date of opening of financial bid (Offer Validity Period). MPAKVN, Bhopalreserves 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 MPAKVN, Bhopal. b) 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. 28. PAYMENT TERMS After successful Supply, installation and commissioning of the system, the firm will raise the bill for the devices and allied equipment along with the completion / inspection report from the / designated authority. The Contract will be for Turn-key amount, however the billing
31. Page 27 of 51 will be for Net amount inclusive of all taxes and levies. (Installation charges shall be included in the quoted price).TDS as applicable will be deducted. 1. 95% of Work-order value shall be released after Successful Installation, and Commissioning against Submission of:- i.Appropriate Bills along with Challan in Triplicate, ii. Inspection Report cum Joint Commissioning Report duly signed by Bidder and concerned Inspecting Authority of the MPAKVN, Bhopal. iii. Colored photograph (s) of site duly certified by MPAKVN, Bhopal iv. Handing Over Certificate duly signed by beneficiary and concerned Inspecting Authority of the MPAKVN, Bhopal as & when needed. v. A certificate will have to be provided by the bidder, from any license holder contractor / supervisor, certifying that the electrical internal wiring carried out is in accordance with the norms of electrical safety standards. vi. The concerned inspecting/forwarding authority of the MPAKVN, Bhopal will ensure submission of the above documents duly attached with Bill Forwarding Note to head office. Note:- a) Commercial tax: It will be desirable for the participants to obtain registration from M.P. Commercial Tax Department (TIN). The details of the same are available at website www.mptax.nic else M.P.VAT and any other Tax / Duty if applicable shall be deducted at Source. b) Income tax shall be deducted at Source. c) Entry tax, if applicable, shall be deducted at source from the supplier/contractor if the supplier/contractor is from the State other than Madhya Pradesh. 29. DISPUTES a) All disputes between the successful bidder and MPAKVN, Bhopalshall be settled as per the applicable acts and rules. During the bidding process no dispute of any type would be entertained. Where MPAKVN, Bhopalasks for additional information from any bidder, the same cannot be adduced as a reason for citing any dispute. 30. LANGUAGE AND CURRENCY a) The Proposal and all related correspondence and documents shall be written in English language. b) The currency for the purpose of the Proposal shall be the Indian National Rupee (INR).
32. Page 28 of 51 31. REPRESENTATION OF THE PARTIES Each Party represents to the other Parties as of the date of this Agreement that: a) Such Party is duly organized, validly existing and in good standing under the laws of its incorporation and has all requisite power and authority to enter into this Agreement; b) The execution, delivery and performance by such Party of this Agreement has been authorized by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the person executing this Agreement for the delegation of power and authority to execute this Agreement: I. require any consent or approval not already obtained;
II. violate any Applicable Law presently in effect and having applicability to it;
III. violate the memorandum and articles of association, by-laws or other applicable organizational documents thereof;
IV. violate any clearance, permit, concession, grant, license or other governmental authorization, approval, judgment, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or V. create or impose any liens, mortgages, pledges, claims, security interests, charges or Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this Agreement; c) This Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against it; and
d) There is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its Affiliates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations under this Agreement.
33. Page 29 of 51 32. MAINTENANCE OF ALLTRAFFIC SIGNALSDURING CONTRACT PERIOD a) Minimum Maintenance to be ensured by the Successful Bidder: The Successful Bidder shall be fully responsible for the Maintenance and upkeep of the all Traffic Signals from the date of handing over the rights: i. The Traffic Signals shall be structurally sound and maintained in good and properly secured condition. The equipment's shall, at all time, be erected, fixed and retained in all respect to the satisfaction and in accordance with the requirement prescribed by the Managing Director, MPAKVN, Bhopal or his authorized officer. On completion of the contract period or its pre-determination for any reason whatsoever, including surrender by the Successful Bidder, the structure/equipment's of the site, shall become the property of the MPAKVN, Bhopal. ii. Any damage to the foot-path, tiles, curb-stones, central verge or any other ancillary structures, during up-gradation/ repair/ maintenance/ operation of the Traffic Signals, including supportingstructures, shall be the sole responsibility of the successful bidder, which shall be made good by the successful bidder, as per existing specifications, at its own cost. iii. The Contractor shall take all precautions to avoid any accidents during up-gradation/ repair/ maintenance/ operation of the Traffic Signal, electrical/ sanitary fittings and fixtures. If any accident occurs during up-gradation/ repair/ maintenance/ operation of the Traffic Signals/ fittings and fixtures, the contractor shall be directly responsible for the damages or any other consequences, whatsoever and MPAKVN, Bhopal shall be kept free of all such liabilities. Proper arrangement shall be made by the contractor to avoid any hindrance to the visitors during up-gradation, repair, maintenance and operation of the Traffic Signals. iv. During the entire term of contract the Traffic Signals structure/equipment's should be kept well maintained, clean, well painted and rust / corrosion free. v. The lighting arrangement at the Traffic Signalshould be functional at all times. Electrical safety is to be ensured for users as well as concessionaire's staff. vi. All structural members of Traffic Signalequipment's, structural part of Traffic Signalsare to be inspected and maintained in good condition as per the Maintenance manual. vii. Security of all Traffic Signals and equipment's is the responsibility of Agency including the lighting arrangement. b) Maintain Check procedure: Within 30 days from the date of handing over of Traffic Signal sites, MPAKVN, Bhopal shall be taking feedback about the standard/quality of the Maintain/upkeep of all the Traffic Signals and equipment's installed by the Successful Bidder during contract period. C. General Supplies and maintenance, Warrantee/Guaranty and CMC
34. Page 30 of 51 1. Supply Material and Spares: An undertaking that the manufacturer is able to supply material and has the sufficient infrastructure and capability to keep/store spares required for maintenances. This needs to be kept in Technical Bid. A format of undertaking from manufacturer about taking responsibility for un-interrupted supply of material, spares, parts etc. is attached. This undertaking is must to accompany with technical bid. 2. Technical Teams: Bidders shall have experience of traffic signaling, who possess adequate knowledge of the traffic conditions and are capable of designing the total signalization for intersections and areas. This will involve time study, traffic volume counts, traffic flow pattern etc. as well as thorough technical knowledge of the whole traffic signaling system. All details in respect of adequate qualified personnel must be kept in the Technical Bid. 3. Time Period and AMC: The Time Period for competition of the project after signing of the agreement shall be 90 days from the date of agreement. This will include installation and testing. The firm will be responsible for smooth operation of the system for a period of 5 years from the date of successful completion, installation & functioning of the allotted work and any defect /replacement of the equipment will be at the cost of the company. The company will also submit the rates & conditions for AMC i.e. i.e. up to the completion of 5TH year. The AMC shall cover, repair, maintenance and check up of all the equipment and accessories including consumables and fitting of new spares. Payments on account of AMC shall be made on a quarterly basis. 4. Guarantee/Warranty: The guarantee/warranty shall cover entire equipment with all its accessories UPS/batteries and all consumables. This shall also cover the satisfactory performance with all accessories during these periods. In case the system or its any part supplied by successful tenderer develops any manufacturing defect or otherwise does not function properly/correctly during the guarantee period, the successful tenderer shall have to replace the equipment/repair the fault at their costs and expenses with in a period of Three days from the date defect is communicated to them. The successful tenderer shall be bound to stock with the service engineer an adequate inventory of spares required for repair and maintenance of the equipment(s) to maintain their 90% uptime. During the guarantee period, software update if applicable shall be provided free of cost by the lowest tenderer. 5. TERMS AND CONDITIONS: The terms and conditions will be binding on all the Tenderers. Some of the following terms and conditions will also form part of the agreement signed with the successful tenderer after the outcome of tender process. All prospective Tenderers who have purchased this tender document shall be intimated of any amendment in writing by e-mail and or by fax, and all such amendments shall be binding on them without any further act or deed on MPAKVN, Bhopal part. These amendments shall also be posted/uploaded on website www.mpakvnbhopal.nic.in It is considered that the tenderer has visited the site of work, fully acquainted himself with the local situations regarding materials labour and other factors pertaining to work and
35. Page 31 of 51 studied the locations before submitting the tender. Especially, it is considered that the tenderer have understood climatic condition for operation of equipment's in rains, winter & hot temperature climate. MPAKVN, Bhopal may at its sole discretion waive any minor informality or non-conformity or irregularity in a proposed document, which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Tenderer. 33. ROLES & RESPONSIBILITIES (A) Agency: The Contractors role, responsibilities and obligations relating to the Project are providedherein below: a) The Agency shall undertake the work "Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid Traffic Signals In Mandideep Industrial Area", for the purposes of installing Traffic Signalsas per indicative list attached in Annexure A and adhere to requirements for the implementation of the Project as provided in this Agreement. b) The bidder shall inspect the Traffic Signalssite which will be given on 'as is where is' basis and may obtain necessary clarification, if any, regarding the same to his full satisfaction before offering the bid for the same. The bidder shall acquaint him of all the local conditions and the Traffic Signalssites condition. c) The Agency shall get the project rights of the Traffic Signals, for the purposes of installing equipment's on Traffic Signalsas per indicative list attached after the completion of the erection /installation of all Traffic Signalsin totality. d) The bidder should bid the amount by considering its entire revenue potential. MPAKVN, Bhopal will not be responsible for any decline in the revenue at the Traffic Signalssite for any reason whatsoever. Any claim for remission on the basis of harm to business interest on extraneous / unforeseen conditions / reasons whatsoever shall be summarily rejected by the MPAKVN, Bhopal without any kind of response to the licensee & the licensee shall not be entitled to make any claim / remission on that account. e) The Agency undertakes to comply with Applicable Laws in relation to the implementation of the Project and, at all times during the Term of the Agreement. f) The Agency shall ensure that all Taxes and Duties are paid in a timely manner and there are no arrears with regard to the Project. g) The Agency shall establish a local office separately for the project in Bhopal and appoint one or more officers of suitable seniority in rank and tenure for the project to act as a Nodal officer & point of contact for MPAKVN, Bhopal within the Agency's organization and who would assist in the implementation of the Project and for enabling the resolution of any issues that may arise in
36. Page 32 of 51 the implementation of the Project. It is clarified that information of such officer(s) shall communicated in writing by the Agency to MPAKVN, Bhopal within 15 (fifteen) working days from the Appointed Date. h) The Agency shall provide full assistance and cooperation at its own cost to MPAKVN, Bhopalto get all the necessary Applicable Clearances during the Term of this Agreement or any even after the Termination or expiration of the Term of this Agreement.Additionally: i. the Agency hereby warrants, covenants and undertakes that at no time, during the term of the Agreement, or post the expiry / termination of this Agreement, for whatever reason, the Agency shall make or be entitled to make any claim to the trade name or the Brand and alike or any part of the name or names under which MPAKVN, Bhopal is carrying on the business nor shall the Agency use a part of the style of its business any name(s), the Brand or logo(s), designs, manuals, technical know-how, or sign(s),which is or which are deceptively or confusingly similar to the Brand; ii. nothing in this project will ever be construed as giving the Agency any right, title or interest in whatsoever in or to the Brand or giving the Agency or others permission to use the same or any colorable imitation thereof in any manner, except in accordance with and during the subsistence of this Agreement or with the prior written approval of the Managing Director, MPAKVN, Bhopal. The Agency will not use the Brand, as part of its corporate or other formal business name, except as may result as a consequence of the Agency advertising on the buses under the Brand as per this Agreement. The Agency will not register or attempt to register the Brand in any state, nation or political subdivision thereof. The use by the Agency of the Brand outside the scope of this Agreement, without MPAKVN, Bhopal prior written consent, will be an infringement and/or passing off of MPAKVN, Bhopal right, title and interest in and to the Brand, and the Agency expressly covenants that during the term of this Agreement, and after the expiration or termination thereof, the Agency will not, directly or indirectly, commit an act of infringement or passing off or contest or aid in contesting the validity or ownership of the Brand, or take any other action in derogation thereof; and iii. The Agency shall be solely and exclusively responsible for all such employees, workmen, personnel and staff employed for the purposes of implementing the Project. iv. The Agency shall provide a summary of all the complaints and the written responses received on a monthly basis to MPAKVN, Bhopal. MPAKVN, Bhopal shall review the complaints received and the written responses with the course of action taken by the Agency. In the event that course of action that has been taken by the Agency is not appropriate, MPAKVN, Bhopal shall direct the Agency to take a suitable action. v. The Successful Bidder shall be responsible for damage caused to the public/property during running of Traffic Signals: MPAKVN, Bhopal shall not be responsible or liable or made a party to any damages or accidents which may happen at the site. The Successful Bidder shall be liable and responsible for any loss of life and / or physical harm/ any other loss to the public or any other agency including Government on account of negligence on the part of Successful Bidder in maintaining the Traffic Signals properly.
37. Page 33 of 51 (B) MPAKVN, Bhopal: MPAKVN, Bhopal agrees to observe, comply and perform the following: a) MPAKVN, Bhopal shall demarcate, provide & handover the space for the "Survey, Design, Supply, Installation, & Commissioning Solar-Hybrid Traffic Signals In Mandideep Industrial Area", for the implementation of the Project to the Contractor as per this Agreement; b) MPAKVN, Bhopal shall appoint one or more officers of suitable seniority in rank and tenure to act as the point of contact for the Agency within MPAKVN, Bhopaland who would assist in the implementation of the Project and for enabling the resolution of any issues that may arise in the implementation of the Project; c) MPAKVN, Bhopal shall conduct regular inspections as per the power conferred, at any time during the Term of the Agreement for the project. 34. COMPLIANCE TO RULES, REGULATIONS, INSTRUCTIONS AND STATUTORY PROVISIONS: It will be the responsibility of the contractor to ensure that all instructions/provisions issued time to time by MPAKVN, Bhopal, M.P Govt, Electricity Company, PWD or any other agency of the Union Govt. or M.P. Govt., or any other authority are strictly adhered to. Any violation of any lawful provision will be treated, as a violation of the terms and conditions of contract and action will be taken against the successful bidder as per provision of the contract. 35. CONTRACTOR'S RESPONSIBILITY FOR PUBLIC LIABILITY AND AGAINST ALL CLAIMS, ACT LOSSES ETC. The successful bidder shall indemnify the MPAKVN, Bhopalagainst all claims, actions, demands, losses, charges, and cost of expenses which the MPAKVN, Bhopal has to incur or which may occur on account of infringement of any of these conditions by the successful bidder or on any other account whatsoever. The successful bidder shall obtain a public liability policy of insurance in respect of MPAKVN, Bhopal allotted to him. 36.THE MANAGING DIRECTOR, MPAKVN, BHOPAL, AUTHORITY TO RECOVER THE COST IN CASE OF ANY DEFAULT If the successful bidder shall neglect or fail to do anything which he is required to do under the Provisions of the contract, the Managing Director, MPAKVN, Bhopal or any other authorized Person may serve a notice on the successful bidder asking him to do the things agreed upon as
38. Page 34 of 51 Aforesaid and on their neglect or failure to do as directed, cause the same to be done and recover the cost thereof from the successful bidder(s) without prejudice to any other rights, the MPAKVN, Bhopal may have on account of such default. 37. TERMINATION OF CONTRACT ON BREACH. a) In case of breach by the successful bidder of any terms and conditions of the tender or that of agreement, the Managing Director, MPAKVN, Bhopalor his authorized representative shall have absolute right to terminate the contract without notice to the successful bidder and cause the equipment's removed at the risk and cost of the contractor and forfeit the Performance Guarantee. The MPAKVN, Bhopalreserves its right to forfeit security deposit even before termination of the contract on breach. b) It is further agreed that the successful bidder shall not commit any breach of the terms and conditions of the agreement and in the unlikely event of any other breach, the MPAKVN, Bhopal shall give notice calling upon the successful bidder to rectify/remedy the breach, to satisfy the MPAKVN, Bhopal about there being no breach and satisfy the MPAKVN, Bhopal within a period of 30 days from the date of notice otherwise the MPAKVN, Bhopal shall be entitled to terminate the agreement without giving any further notice and in that event the MPAKVN, Bhopal shall be entitled to recover all its dues which can be adjusted from the dues of successful bidder,if any found due to him. c) It is further agreed that the successful bidder has to handover the Traffic Signals and Equipment's in good and working condition including Electricity Connection. Electric/Solar Fittings. In case of any damage/loss/ mishandling observed, expenditure occurred there upon to make it in good condition would be deducted from the Security Deposit. 38. SHIFTING / REMOVAL / DEMOLITION OF TRAFFIC SIGNAL. The Managing Director, MPAKVN, Bhopal or his authorized representative shall have the right to demolished, discontinued, shifted or removed at any time during the period of contract without any prior notice to the successful bidder for any reason whatsoever. In the event of such removal or shifting. The locations may be changed / relocated for the reasons beyond the control of MPAKVN, Bhopal. The Contractor shall re-commission the Traffic Signal Project Facility or the affected part thereof on receiving the instructions from MPAKVN, Bhopal in this regard. In such a case the cost of relocation of any / all the Traffic Signals shall be borne by thecontractor as per the instructions from MPAKVN, Bhopal and the Traffic Signalshall be relocated& recommissioned within 15 days. 39. TRANSFER OF RIGHTS. The successful bidder shall not assign or transfer the rights hereby granted to him to any person or persons, firm or company whosoever or whatsoever in any manner including by way of subcontract, agency or in any other manner without intimating in writing to Managing Director, MPAKVN, Bhopal.
39. Page 35 of 51 40. ACCEPTANCE/REJECTION OF TENDER. The Managing Director, MPAKVN, Bhopalreserves the right to accept or reject any tender without assigning any reason. 41. RISK PURCHASE CLAUSE. In case the successful tenderer fails to execute the project as mentioned above, Managing Director MPAKVN, Bhopal also reserves the right to procure the similar services from alternative source at the risk, cost and responsibility of the successful tenderer. 42. JURISDICTION OF COURT. The courts located in BHOPAL (M.P) only shall have Jurisdiction to try and decide the matter / dispute between the parties. 43. FORCE MAJEURE. MPAKVN, Bhopal and the contractor shall be excused of their failure to meet the obligations under the agreement and will be entitled to certain relief, including right to terminate the agreement, if such failure is due to Force Majeure. Any failure or omission to carry out the provisions of this contract shall not give rise to any claim by MPAKVN, Bhopal and the successful tenderer one against the other if such failure/omission arises from an act of God which shall include all acts of natural calamities such as fire, floods earthquakes, hurricanes or any pestilence of civil strikes compliances with any statute of regulations of Govt. lockouts, strikes, riots, embargoes or from any political or other reasons beyond the control of MPAKVN, Bhopal or the successful tenderer including war ( whether declared or not) civil war. However, force majeure clause shall not apply for the installation of the equipment's, its repairs and maintenance by the company's engineer and the service contract after the expiry of the guarantee/warranty period. 44. WRITTEN AGREEMENT The successful tenderer will have to enter into an agreement with the Managing Director, MPAKVN, Bhopal for the proper fulfillment of the contract on lines similar to terms of the tender or as modified or added by Managing Director, Managing Director, MPAKVN, Bhopal. Such tenderer shall have to furnish two non-judicial stamp paper Rs.100/- each within ten days from the date of issue of offer letter. An agreement shall be executed only on furnishing of DD of Performance Security as per clause of performance security. All documents submit by successful bidder at the time of Tender will be the part of Agreement.
40. Page 36 of 51 The successful tenderer shall have to execute a formal agreement both for equipment and AMC within a period of 10 days from the date of communication of the acceptance of their tender. All expenses on account of stamps, registration and other related charges shall be borne by the successful tenderer. It will be the duty of the successful tenderer to impart training to traffic personnel regarding operation of Traffic Signal. If Participant, who's Rates, have been accepted, does not sign the Agreement along with AMC within two weeks from the date of Intimation, EMD shall be forfeited and their Proposal will be treated as cancelled. 45. INSPECTION AND TEST a. MPAKVN, Bhopal shall have the right to inspect the systems / goods/get it tested from authorized test centers to confirm its conformity to the technical specifications. The cost of testing will be borne by the tenderer. b. MPAKVN, Bhopal shall have access and right to inspect the work or part thereof at any stage. c. Third party inspection will be done (100% systems) at the cost of tenderer. d. Inspection Charges will be maximum 1% of the contract value or as per actual, which will be deducted from the bills on pro-rata basis. 46. SUBMISSION OF STATEMENT The successful bidder will monthly submit the Traffic Signals status in listed form, along with details of equipment's to the Managing Director, Managing Director, MPAKVN, Bhopal or any other official authorized by the Managing Director, MPAKVN, Bhopalor as and when desired by the Managing Director, MPAKVN, Bhopal. 47. COUNTER OFFER No counter request/offer will be acceptable to the Managing Director, MPAKVN, Bhopal once the tender process is initiated. 48. DISPUTE SETTLEMENT MECHANISM
41. Page 37 of 51 If any dispute or difference or claims of any kind arises between the Parties in connection with Erection/Installation, construction, interpretation or application of any terms and conditions or any matter or thing in any way connected with or in connection with or arising out of the Contract Agreement for the "Survey, Design, Supply, Installation, & Commissioning Solar- Hybrid Traffic Signals In Mandideep Industrial Area" or the rights, duties or liabilities of any Party under the Agreement, whether before or after the termination of the Agreement, then the Parties shall meet together promptly, at the request of any Party, in an effort to resolve such dispute, difference or claim by discussion between them. There shall be a Dispute Settlement Committee, which shall try to settle all disputes at the first stage. Managing Director, MPAKVN, Bhopal shall chair the Dispute Settlement Committee. The authorized representative of the successful bidder will be allowed to participate in the Dispute Settlement procedure. The existence of any dispute or reference of the same for redressal in any forum shall not absolve the contractor of its liability to maintain the Traffic Signals as stipulated in the Agreement.
42. Page 38 of 51 ANNEXURE-'A' Indicative Quantity under this RFP is as below: Survey, Design, Supply, Installation, & Commissioning of Hybrid Traffic Signals System Installation at Mandideep Railway Station Road (Highway Junction) & Satlapur Joud (Highway Junction)in Mandideep Industrial Area, District Raisen (MP) Sr. No. Product Description - Minor Signal No. of squares / road Intersections ** Remarks 1 Survey, Design, Supply, Installation, & Commissioning Hybrid Traffic Signals System Installation at Mandideep Railway Station Road (Highway Junction) & Satlapur Joud (Highway Junction) - Standard pole having 16 ft height, Candilever Pole, Aspect, pedestrian dual colour graphics, Wireless Master Controller, Wireless Slave Controller, Charge Controller, Dual Colour Count Down Timer, Cable per Minor Junction, HDPE pipe per Minor Junction, Solar Panel 600 Watts, Exide battery 300 AH 26 X 6 BATTERY 42 x 4 Battery, Labour cost for all Fittings including logistics, PA System includes 4 speakers as per specification. Any change in estimated material requirement or any further addition or upgrade in material/product specification or increase in aforesaid quantity of required material in installation of these signals should be considered in proposed BOQ and it is complete in all aspect without any extra/additional payment. 2 ** However the quantity can be increased or decreased based on the requirement till contract period. We shall purchase systems/ materials as per requirement, even if we do not purchase any of the articles or purchase less then quantity communicated in tender document; the participant shall not be entitled to claim any compensation / damages.
43. Page 39 of 51 ANNEXURE- 'B' Technical Specification Wireless Traffic Controller (Master) * Solar Power Compatible 12V/24V DC * Micro controller Based * Display 20 X 4 LCD * Special function for VIP / Rescue Operations * Master Slave Controllers wireless Communication * Compatible for GPS, GSM, VAS, Ext. * Programmer 103 computer keyboard / RF Remote / GSM * Memory NVRAM / SREPROM * Possible to program forone year. * Communication Pots RS232, Networking with Any other manufactures controller. (Giving Protocol) * Facility for Synchronization through RS 232 bus or Cable less synchronization using Global Positioning System. * Power ON checks for software & data validity. * Conditional phase transition * Communication with slave Controllers ID Check and acknowledgment Slave Controllers wireless * Solar Power Compatible * Micro controller Based * Communication with masterController ID Check and acknowledgment * No Data received conditions Amber/Red Aspect Blinking (Automatically such to Blinker Mode) * Conflict monitoring Remote Police Control Panel . VIP / Rescue Operationwith remote & manual operated . Auto / Manual / Next. . Forced Blinker. . All Red / all off. CDT Dual Color12 Display " * Micro controller Based * Solar Power Compatible * 12V/24VDC operated * RS232 For Communicate Controller to CDT (Time Display Start on power ON) * High Bright LED * Count up to 199 * Data Communication * Dust and rain proof
44. Page 40 of 51 PEDESTRIAN REQUEST SWITCH  Rust and rain Proof  POWER:- 12 v to 30v DC/AC  LED indicator for Activation  Audio Buzzer POLY CARBONATE SIGNAL ASPECTS (300 MM) VEHICULAR RED, AMBER,GREEN LED ASPECT  International standard Ultra bright LEDs arranged randomly in various groups for uniform light intensity.  Power consumption up to 10 Watt.  Constant voltage and constant current LED Driver  Lamp head body material poly carbonate.  U-V stabilized  Dust and rain Proof  No off LED Red and Amber 190 no @20 ma, Green 66 no@20ma  POWER:- 12 v to 30v DC/AC (10W)  Driver:- CC & CVDC  OPERATING TEMPERATURE -40 C to 85 c  LED Viewing Angle -23°  LED Forward Current -20 Ma Full Graphics Pedestrian Count Down Timer  Hi Bright LEDS  12v to 30v DC/AC ( 8W)  Driver:- CC & CVDC  OPERATING TEMPERATURE -40 C to 85 c  U-V stabilized  Unbreakable  Dust and rain Proof  Count up to 99 dual color with audio buzzer  The Pedestrian Countdown timer should be dual color Graphics with RED MAN on STOP Animation & balance phase time on GREEN MAN in walking animation IntelligentSolar Charge Controller  Micro controller Based  OPERATING TEMPERATURE -40 C to 85 c  Dust and rain Proof  Automatically decide the system should run on solar /battery/Grid
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