flap gates and turnstiles final
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RESPONSE
TO
QUERIES
FOR
TENDER
FOR
SUPPLY
AND
INSTA
FLAP
GATE
BARRIERS
AND
TURNSTILES
FOR BUS STATIONS OF BUS RAPID TRANSIT SYSTEM (B
IN AHMEDABAD CITY
DATE : 28TH JANUARY, 2010
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Response to Queries by the bidders for Flap Gate Barriers and Turnstiles:
Sr. No. Query from Particulars Respons
1.
Sivananda Electronics For Flap Gate Barrier/Turnstiles:
1. Grade of Stainless steel. Finish either
MAT or Mirror
MAT Fin
2. Passenger Clearance (distance between
two flap barrier) mentioned in tender is
1000 mm. Normally in access control
application distance between two boxes
is maintained at 520mm for pedestrian
movement and 900 for handicappedmovement. In case of 1000 mm
distance two person can go. You can
plan to have 520 mm passage lanes as
required along with one 900 mm
passage lane for handicapped.
The vend
opening
type is n
partially handicap
retract fu
Software
provide
differenttypes of c
Sivananda Electronics 3. What is the depth of flap barrier
required? Width of box will depend on
passage clearance. Height will be 1000
mm and other dimension like depth isnot mentioned. Whether tailgate
detection is required. Attached please
find one such drawing of multi lane
configuration.
Minimum
300MM.
Total De
1100MMTailgatin
Tailgate
Sivananda Electronics 4. Aisle width asked as per tender is 910 910 MM
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mm. normally for tripod maximum 500
mm passage clearance and 50 mm gap
between two tripods is suggested.
Drawing attached for your reference.
for whole
Sivananda Electronics 5. In case of tripod option, handicapped
movement will not be possible as armswill be obstacles. You can think of P
type motorized or manual swing gate.
Detail attached.
Other op
Sivananda Electronics 6. Damping mechanism is required for
smooth rotation of tripod arms and
avoids hitting users
Required
with Turn
For RFID
Sivananda Electronics 7.
Detail specs of RFID System, Softwarefeatures are not mentioned in the
Tender.
The procunits insmentione
bidder sh
the Systsoftware
compone
Sivananda Electronics 8. Details of RFID token collector
mechanism is not mentioned in the
Tender.
The Tok
have a token. Th
to either on the in
The tokehave a bi
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Sivananda Electronics 9. Resident Engineer option is suggested
for ON time required by you.
Service L
have beevendor n
in-order
obligatiowith ser
vendor.
Others
Sivananda Electronics 10. Payment Terms: Some better payment
is expected like 20% advance, 70% on
delivery and 10% after installation.
The paym
tender do
Sivananda Electronics 11. Tender submission date extension is
requested by 15-20 days
The tend per the te
2 Kaizen Engineering Systems
Pvt. Ltd.
1.
Can we quote only for turnstiles? Is
there any preference or greater points
assigned to suppliers who can supply
flapgates and turnstiles?
The bidd
well as preferenc
who quot
Kaizen Engineering Systems
Pvt. Ltd.
2. The payment terms are very tough.
Please relax these payment terms to
allow for 90% against delivery and
installation and balance against
commissioning.
The paymtender do
Kaizen Engineering Systems
Pvt. Ltd.
3. Please specify if the tokens to be used
on the access gates are ISO 14443 type
A?
Yes
Kaizen Engineering Systems
Pvt. Ltd.
4. Can the Demand draft be taken from a
scheduled bank also?
The termDemand
documen
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TENDER FOR THE SUPPLY AND INSTALLATION
OF FLAP GATE BARRIERS AND TURNSTILES FOR BUS
STATIONS OF BUS RAPID TRANSIT SYSTEM (BRTS)
IN AHMEDABAD CITY
AHMEDABAD MUNICIPAL CORPORATION
January 2010
Ahmedabad Municipal Corporation,
Opposite Khamasa Gate,
Sardar Patel Bhavan,Danapith, Ahmedabad
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Disclaimer
Ahmedabad Municipal Corporation (herein after called the Authority) has prepared solely
to assist prospective Bidders in making their decision of whether or not to bid. While
Authority has taken due care in the preparation of information contained herein and
believes it to be accurate, neither the Authority or any of its authorities or agencies nor
any of their respective officers, employees, agents or advisors gives any warranty or
make any representations, express or implied as to the completeness or accuracy of the
information contained in this document or any information which may be provided in
association with it.
This information is not intended to be exhaustive and interested parties are required to
make their own inquiries that it may require in order to submit this bid. The information
is provided on the basis that it is non–binding on Authority, any of its authorities or
agencies or any of their respective officers, employees, agents or advisors.
Authority reserves the right not to proceed with the bidding process at any stage without
assigning any reasons thereof, or to alter the timetable reflected in this document or to
change the process or procedure to be applied. It also reserves the right to decline to
discuss the bid further with any party submitting a bid.
No reimbursement of cost of any type will be paid to persons or entities submitting the
Bid.
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Tender Notice
(Copy of the Advertisement Issued on _____________)
AHMEDABAD MUNICIPAL CORPORATION
TENDER FOR SUPPLY AND INSTALLATION OF FLAP GATE BARRIERS AND
TURNSTILES FOR BRTS BUS STATIONS IN AHMEDABAD CITY
Authority intends to seek duly qualified interested parties for above work. Interested
Parties may download details from A.M.C. website www.egovamc.com from 11-01-2010 to
01-02-2010 and submit their tender in a sealed envelope as specified by 16:00 hrs Dt: 01-
02-2010. The Tender shall be submitted to Asst. Manager (Projects), Ahmedabad Municipal
Corporation, 2nd
Floor, Bank Building, Sardar Patel Bhavan, Danapith, Ahmedabad 380001.
MUNICIPAL COMMISSIONER
http://www.egovamc.com/http://www.egovamc.com/
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Table of Contents
1 PREAMBLE............................................................................................................................................................... 7
2 DEFINITIONS........................................................................................................................................................ 8
3 INTERPRETATION ............................................................................................................................................ 10
4 BID SUMMARY.................................................................................................................................................... 12
1. FINANCIAL CAPABILITY:......................................................................................................................................13
2. TECHNICAL CAPABILITY:.....................................................................................................................................13
3. DEMONSTRATION AND PRESENTATION (TO BE HELD AT DISCRETION OF THE AUTHORITY): ........................13
5 SCOPE OF WORK............................................................................................................................................... 19
5.1 SCOPE OF WORK .................................................................................................................................................19
6 INSTRUCTION TO BIDDERS ....................................................................................................................... 20
6.1 DOCUMENTS CONSTITUTING TENDER................................................................................................................20
6.2 BIDDING FORMAT................................................................................................................................................20
6.3 BID SUBMISSION FORMAT..................................................................................................................................20
6.4 TENDER OPENING PROCESS...............................................................................................................................21
6.5 SUBMISSION DOCUMENT CHECKLIST ................................................................................................................21
6.6 BID SECURITY AND TENDER FEE ........................................................................................................................22
6.7 DISCHARGE OF BID SECURITY OF SUCCESSFUL BIDDER .................................................................................23
6.8 PERFORMANCE BANK GUARANTEE / PERFORMANCE SECURITY ........................................................................24
6.9 TECHNICAL BID EVALUATION CRITERIA ............................................................................................................24
6.9.1 FINANCIAL CAPABILITY...................................................................................................................................24
6.9.2 TECHNICAL CAPABILITY ..................................................................................................................................246.10 FURTHER INFORMATION..................................................................................................................................26
6.11 PRICE BID OPENING .......................................................................................................................................26
6.12 VALIDITY PERIOD ............................................................................................................................................27
6.13 EXTENSION OF PERIOD OF VALIDITY.............................................................................................................27
6.14 MODIFICATION AND WITHDRAWAL OF BID...................................................................................................27
7 OBLIGATIONS AND UNDERTAKINGS.................................................................................................... 28
7.1 GENERAL OBLIGATIONS OF THE SUPPLIER........................................................................................................28
7.2 OBLIGATIONS OF THE AUTHORITY .....................................................................................................................30
8 SYSTEM INSTALLATION, COMMISSIONING, WORK COMPLETION AND INSURANCE32
8.1 MONITORING AND SUPERVISION .......................................................................................................................32
8.2 PROJECT COMPLETION ........................................................................................................................................32
8.3 MAINTENANCE......................................................................................................................................................33
8.4 INSURANCE...........................................................................................................................................................34
8.4.1 INSURANCE DURING THE WARRANTY PERIOD AND AMC PERIOD ............................................................... 34
8.4.2 APPLICATION OF INSURANCE PROCEEDS ......................................................................................................35
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8.4.3 VALIDITY OF THE I NSURANCE COVER............................................................................................................35
9 COMMERCIAL AND PAYMENT TERMS.................................................................................................... 36
9.1 PAYMENT FOR SUPPLY .........................................................................................................................................36
9.2 PAYMENT FOR ANNUAL MAINTENANCE CONTRACT ...........................................................................................37
10 GENERAL TENDER CONDITIONS.............................................................................................................. 38
10.1 LETTER OF ACCEPTANCE & AGREEMENT .......................................................................................................38
10.2 WORK ORDER..................................................................................................................................................38
10.3 LEAD TIME AND LIQUIDATED DAMAGES........................................................................................................38
10.4 QUANTITY VARIATION.....................................................................................................................................38
10.5 TAX LIABILITY..................................................................................................................................................38
10.6 CHANGE M ANAGEMENT PROCEDURE .............................................................................................................39
10.7 TERMINATION OF CONTRACT AND TERMINATION PAYMENT.........................................................................39
10.8 DISPUTE RESOLUTION....................................................................................................................................40
10.9 EVENTS OF DEFAULT AND TERMINATION ......................................................................................................40
10.9.1 EVENT OF DEFAULT.....................................................................................................................................40
10.9.2 TERMINATION DUE TO EVENT OF DEFAULT AND TERMINATION PAYMENT .............................................42
10.9.3 RIGHTS OF AUTHORITY ON TERMINATION................................................................................................43
10.9.4 TERMINATION PAYMENTS ...........................................................................................................................43
10.10 INTELLECTUAL PROPERTY ...............................................................................................................................44
10.11 LIABILITY .........................................................................................................................................................44
10.12 INDEMNITY .......................................................................................................................................................44
10.13 FORCE MAJEURE ..............................................................................................................................................45
10.14 INDEPENDENT CONTRACTOR ..........................................................................................................................45
10.15 NO ASSIGNMENT .............................................................................................................................................46
10.16 NO CONSORTIUM ............................................................................................................................................46
10.17 TENDER DISQUALIFICATION CRITERIA..........................................................................................................46
10.18 UNDERSTANDING OF TERMS...........................................................................................................................47
10.19 CONFLICT OF INTEREST ..................................................................................................................................47
10.20 AUTHORITY’ S RIGHT TO ACCEPT ANY PROPOSAL AND TO REJECT ANY PROPOSAL ...................................... 47
10.21 NOTIFICATION OF AWARD ..............................................................................................................................47
10.22 SIGNING OF AGREEMENT................................................................................................................................47
10.23 FAILURE TO AGREE WITH THE TERMS AND CONDITIONS ..............................................................................48
10.24 SEVERABILITY AND WAIVER...........................................................................................................................48
10.25 REPRESENTATIONS AND WARRANTIES, DISCLAIMER ................................................................48
10.25.1 REPRESENTATIONS AND WARRANTIES OF THE SUPPLIER .......................................................................48
10.25.2 DISCLAIMER ................................................................................................................................................50
10.25.3 REPRESENTATIONS AND WARRANTIES OF AUTHORITY ............................................................................5010.25.4 GOVERNING L AW AND JURISDICTION .......................................................................................................51
10.25.5 SURVIVAL ....................................................................................................................................................51
10.25.6 AMENDMENTS ..............................................................................................................................................51
10.25.7 NO PARTNERSHIP ........................................................................................................................................51
10.26 MISCELLANEOUS ..............................................................................................................................................51
10.26.1 LANGUAGE ...................................................................................................................................................51
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10.26.2 OWNERSHIP AND PROTECTION OF PROPERTY ..........................................................................................52
LIST OF ANNEXURES
ANNEXURE 1: FORWARDING LETTER ..................................................................................................................................53
ANNEXURE 2: FORMAT FOR POWER OF ATTORNEY OF BIDDER APPOINTING DESIGNATED REPRESENTATIVE .............55
ANNEXURE 3: FORMAT FOR TECHNICAL BID......................................................................................................................56
3.1 CAPABILITY STATEMENT ...............................................................................................................................................56
3.2: FORMAT FOR PROVIDING REFERENCES......................................................................................................................57
3.3: QUALITY AND TECHNICAL SOLUTION.........................................................................................................................58
ANNEXURE 4: FORMAT FOR PRICE BID ..............................................................................................................................59
ANNEXURE 5: FORMAT FOR PERFORMANCE BANK GUARANTEE ........................................................................................61
ANNEXURE 6: TECHNICAL SPECIFICATIONS AND SERVICE L EVEL CONDITIONS FOR FLAP GATES AND TURNSTILES ..63
(1) FLAP G ATES / FLAP BARRIER .......................................................................................................................................63
(2) TURNSTILES ..................................................................................................................................................................66
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1 PREAMBLE
Ahmedabad Municipal Corporation invites Technical Bids and Price Bids from interested
Bidders for supply of Flap gates and Turnstiles for bus stations for Bus Rapid Transit
System (BRTS) in Ahmedabad city. The broad scope of work for Bidder includes supply
and installation of the above mentioned Flap gates and Turnstiles.
The Bids shall be prepared in English and all entries must be typed and written in blue /
black ink. Initials of the authorized representative of the Bidder must attest all erasures
and alterations made while filling the Bids. Over-writing of figures in Price Bid is not
permitted. Failure to comply with any of these conditions may render the Bid invalid. A
copy of this tender document with all pages signed by the Bidder’s authorized
representative shall accompany the bid.
Authority shall not be responsible for any costs or expenses incurred by the Bidders in
connection with the preparation and delivery of bids, including costs and expenses
related to visits to the sites. Authority reserves the rights to cancel, terminate, change
or modify this process and/or requirements of bidding stated in the Tender, without
assigning any reason or providing any notice and without accepting any liability for the
same.
The bid evaluation process is detailed in instruction to Bidders in Tender. The Capability
Statement would be evaluated based on the criteria set forth in Tender. Only those
firms/companies who qualify based on the evaluation of their Technical Bids
will be qualified Bidders for the purpose of opening of price bids and its
evaluation.
The date of opening of Price Bids will be communicated in writing to such Bidders at a
later date.
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2 DEFINITIONS
‘Ahmedabad Municipal Corporation’ or ‘Authority’ shall mean the company
established in July 1950 under the Bombay Provincial Corporation Act, 1949, responsible
for the civic infrastructure and administration of the city of Ahmedabad.
‘Annual Maintenance Contract or AMC’ shall mean the comprehensive contract for
maintenance of the supplied units in force after the Warranty Period to be signed at the
discretion of the Authority and for which the Bidder is required to quote in his bid.
‘Agreement’ shall mean the Agreement entered into between the Authority and the
Successful Bidder for the currency of this contract.
‘Bid’ or ‘Detailed Bid’ or ‘Tender’ shall mean the detailed Bid submitted by the Bidder
in response to this tender including clarifications and/or amendments, if any.
‘Bid Security’ or ‘EMD’ shall mean the Security furnished by the Bidder, as part of the
Detailed Bid.
“Completion or Project Completion “with respect to each unit shall mean the
successful installation and demonstration of each supplied unit as per specifications.
‘Due Date’ shall mean the last date for submission of bid by the Bidders.
‘Firm’ shall mean a single legal entity, which is a registered body, Government agency
or statutory body.
‘Letter of Intent’ or ‘Letter of Acceptance” shall mean the letter to be issued by
Authority to the Preferred Bidder indicating the acceptance of his offer in accordance
with the conditions of this Tender document.
‘Performance Security’ or ‘Performance Bank Guarantee’ shall mean the Bank
Guarantee furnished by the successful Bidder as per the terms and conditions of this
tender.
http://en.wikipedia.org/wiki/Ahmedabadhttp://en.wikipedia.org/wiki/Ahmedabad
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“Project Site” shall mean the site of the Bus Stations where the supplied units are to
be installed.
‘Supplier’ shall mean the successful Bidder who has been selected by Authority for the
currency of this contract.
‘System’ means the Flap gate/ Turnstile units being purchased by the Authority as per
the scope and terms of this Tender.
‘Taxes and Duties’ shall mean all taxes, duties, fees etc. payable as per applicable
laws in India in connection with the procurement, development, installation, operation,
maintenance and management of Work.
‘Work’ or ‘Works’ shall mean Supply and installation of Flap gates and/ or Turnstiles
for bus stations with 3 (three) years Warranty Period, with 4 more years of Annual
Maintenance at the option of Authority for Bus Rapid Transit System (BRTS) in
Ahmedabad city.
‘Work Order’ will have reference to the LoA or LoI for this Work
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3 INTERPRETATION
In the interpretation of this Tender, unless the context otherwise requires:
The singular of any defined term includes the plural and vice versa, and any word or
expression defined in the singular has the corresponding meaning used in the plural
and vice versa;
A reference to any gender includes the other gender;
Unless otherwise stated, a reference to a Clause, Sub-Clause, Paragraph,
Subparagraph, Annex, Exhibit, Attachment, Schedule or Recital is a reference to a
Clause, Sub-Clause, Paragraph, Subparagraph, Annex, Exhibit, Attachment, Schedule
or Recital of this Tender.
A reference to any agreement is a reference to that agreement and all annexes,
attachments, exhibits, schedules, appendices and the like incorporated therein, as
the same may be amended, modified, supplemented, waived, varied, added to,
substituted, replaced, renewed or extended, from time to time, in accordance with
the terms thereof;
The terms “include” and “including” shall be deemed to be followed by the words
“without limitation”, whether or not so followed;
Any reference to a person shall include such person’s successors and permitted
assignees;
A reference to a “writing” or “written” includes printing, typing, lithography and other
means of reproducing words in a visible form;
Any date or period set forth in this Tender shall be such date or period as may be
extended pursuant to the terms of this Tender ;
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A reference to “month” shall mean a calendar month, and a reference to “day” shall
mean a calendar day, unless otherwise specified.
The terms “hereof, “herein”, “hereto”, “hereunder” or similar expressions used in this
Tender mean and refer to this Tender and not to any particular Article,
The terms “Article”, “Clause”, “Paragraph” and “Schedule” mean and refer to the
Article, Clause, Paragraph and Schedule of this Tender so specified;
In case of inconsistency between the terms mentioned in the Bid Summary and
detailed description, the terms of the Bid Summary shall prevail.
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4 BID SUMMARY
Sr.
No.
Key
Information
Details
1 Tender for Supply and Installation of Flap gates and Turnstiles for
Bus Stations for Bus Rapid Transit System (BRTS) in
Ahmedabad city.
- The Bidder may quote the price per unit in the Price
Bid for both the items.
- The Authority shall select the final Bidder for one or a
combination of both items for Flap Gates/ Turnstiles.
Final decision regarding the same shall vest with the
Authority.
- The price of the item that will be lower will get a
preference.
2 Numbers of
units to be
quoted for
175 units of Flap gates
175 units of Turnstiles
In the event of additional units asked for by the
Authority, they shall be provided at the same ratequoted in this bid and no incremental cost per unit shall
be provided on such additional units.
3 Nodal
Department
Ahmedabad Municipal Corporation
4 Project Site/
Work Site
Ahmedabad
5 Tender
Submission
Format
a) Envelope 1: Bid Security and Tender fee,
b) Envelope 2: Forwarding Letter, Technical Bid as per
Annexure 3 and the Tender Document signed on each
page by the Bidder’s authorized representative,
Signatory’s authorization.
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c) Envelope 3: Price Bid
6 Tender
Evaluation
a) Envelope 1: Test of Responsiveness of the bid based
on Pass/Fail for Bid Security and Tender fee and timely
submission, marking and sealing.
b) Envelope 2: Evidence of meeting necessary eligibility
and qualifications criteria as Eligibility and Qualification
Criteria, Authorization of signatory in the form of Board
Resolution/ Partner’s Resolution or Power of Attorney, as
applicable.
c) Envelope 3: Price Bid
7 Evaluation
Criteria
1. Financial Capability:
Bidder’s annual audited turnover for the last Financial
year shall be more than Rs. 2 Crore (from the business
in India only).
2. Technical Capability:
Based on percentile marking System with 60 as
qualifying marks.
1) No of Units supplied / commissioned in Public Transit
System during the last 3 years from the due date of
tender. (30% weightage)
2) No of Units supplied / commissioned during the last 3
years from the due date of tender (30%)
3) The extent to which the Bidder has local resources,
presence or tie-up. (15%)
4) Quality Assurance Program for executing the Works in
place. (15%)
5) Project management capabilities (10%)
3. Demonstration and presentation (to be held at
discretion of the Authority):
1. Bidders meeting financial and technical capability
criteria would be called for a demonstration of the
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prototype.
2. The purpose of the demonstration would be to ensure
that there are no significant deviations from the
technical specifications
Bidders would finally be declared qualified if there are no
deviations in technical specifications which cannot be
permitted.
8 Tender Validity The tender shall be valid for period of 180 Days from the
Due Date of Bid Submission.
9 Time Limit 1. Total time limit for the whole work shall be 365 days
2. Time limit for the installation for an individual unit
shall be 15 days from the day of handing over of thesite from the Authority to the supplier.
10 Bid Security Rs. 2,50,000/- (Rs. Two lakh fifty thousand only) in the
form of a demand draft from a Nationalized Bank drawn
in favour of “Municipal Commissioner” and payable at
Ahmedabad.
11 Performance
Security
Within 30 (thirty) days of receipt of Letter of Acceptance,
the successful Bidder shall furnish a Performance
Security to Authority, for an amount equal to 5% of the
Bid Value (excluding cost of AMC) and payable in the
form of a Bank Guarantee from any Nationalized Bank.
The general format of the bank guarantee for
Performance Security is set forth in Annexure 5 of this
Tender.
The Performance Security shall be valid up to the end of
warranty period and an additional period of 90 (ninety)
days thereafter.
12 Non- refundable
Tender Fee
Rs. 10,000 (Rs Ten Thousand Only) in the form of
Demand Draft in favor of “Municipal Commissioner”, and
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payable at Ahmedabad.
13 Supply/
Installation of
Flap gates and
Turnstiles
The Flap gate/ Turnstile units shall be supplied against
Request for Supply by Authority. Such request shall be in
writing, indicating the number to be supplied, and the
supply and installation must be completed within 15
days of the date of request. Such requests shall be
continued to be made until the order is exhausted.
14 Completion
Certificate
The Authority/ its authorized representative shall issue a
Completion Certificate upon successful installation and
demonstration to the satisfaction of Authority.
15 Warranty
Period
Each unit supplied shall have a warranty period of three
(3) years commencing from the date of issue of
Completion Certificate. During the warranty period, any
complain will be required to be attended to as per
specified service levels.
16 Annual
Maintenance
Contract
Beginning from the end of the Warranty Period, the
Authority may, at its sole discretion, require the supplier
to provide maintenance for a further period of fours (4)
years under an Annual Maintenance Contract. The termsof the maintenance contract are part of this tender
document. The Bidder is required to quote annual fees
separately in the Price Bid for maintenance beyond the
specified warranty period. Price Bids without quote for
AMC shall be summarily rejected.
Payment during the Maintenance period shall be made
annually at the end of each year after issue of
Satisfactory Service Certificate for the tenure from the
Authority.
17 Payment Terms Order to be placed according to quantities required.
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Installation shall be done by the Supplier in 15 days of
written order.
50% of the invoiced amount shall be paid upon
successful installation and demonstration of
operation only. 40% of the amount shall be paid
on 3 months satisfactory operations of the System
and the balance 10% on 6 months satisfactory
operations of the System of the concerned units.
Payment can be made as per batch wise orders placed.
Payment shall be made within 30 days of invoice.
If the successful installation and commissioning of the
units is delayed as per Specifications, the Authority shallbe entitled, by reasonable notice, to forfeit the
Performance Security.
18 Signing of
Agreement
Agreement shall be signed between Authority and
Supplier incorporating the terms of the tender as
directed by Authority.
19 Pre-Bid Meeting Pre-bid meeting shall be held at 13.00 hrs on 22-01-
2010 in the office of Authority.
Bidders are required to send their queries for pre-bid
meeting in MS Word format only through email to
gautamppatel@gmail.com and
pranayshah@egovamc.com on or before 21-01-2010
by 17.00 hours.
20 Due Date of
Tenders
On 01-02-2010 Upto 16.00 hrs in the office of
Authority at Asst. Manager (Projects), Ahmedabad
Municipal Corporation, 2nd Floor, Bank Building, Sardar
Patel Bhavan, Danapith, Ahmedabad.
21 Date of opening
of Tenders
At 17.00 hrs on 01- 2-2010 in the office of Authority
at Asst. Manager (Projects), Ahmedabad Municipal
Corporation, 2nd Floor, Bank Building, Sardar Patel
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Bhavan, Danapith, Ahmedabad.
22 Liquidated
Damages/
Penalty
In the event of the units of Flap Gates/ turnstiles not
being supplied/ installed in time in operable condition as
per its specifications, Authority, at its own discretion,
reserves the right to charge liquidated damages of 0.5%
of value of delayed units per every week of delay in
successful installation and commissioning as per the
specifications. Such LDs will not exceed 10% of the
value of the units.
23 Taxes The amount quoted in the price bid shall have to be all-
inclusive, including service tax and all other taxes,
cesses and charges.
24 Storage/
Godown Facility
The Supplier shall have to make his own arrangement
for the storage of the materials required for this work.
The Authority shall have no responsibility to provide for
any such storage facility to the Supplier.
25 Insurance The Supplier shall, at its cost and expense, purchase and
maintain during the Implementation period, Warranty
period and AMC period such insurances as arenecessary, including but not limited to the following:
(a) Supplier’s all risk insurance;
(b) Comprehensive third party liability insurance
including injury or death to personnel of Persons who
may enter the Project Site;
(c) Workmen’s compensation insurance;
(d) Any other insurance that may be necessary to
protect the Supplier, its employees and its assets
(against loss, damage or destruction at replacement
value) including all Force Majeure Events that are
insurable and not otherwise covered in items (a) to (c).
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The Supplier shall, from time to time, provide to the
Authority copies of all insurance policies (or appropriate
endorsements, certifications or other satisfactory
evidence of insurance) obtained by the Supplier in
accordance with this Tender.
The Supplier shall pay the premium payable on such
insurance policy(ies) so as to keep the policy(ies) in
force and valid throughout the Period of Warranty and
AMC Period and furnish copies of the same to the
Authority.
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5 SCOPE OF WORK
5.1 Scope of Work
The Authority seeks suppliers for supply and installation of Flap gates and Turnstiles of
given specifications for the Bus Rapid Transit Project System Project in Ahmedabad. The
specifications for both the items are given in Annexure 6 of this Tender Document.
The prospective Bidders are free to seek clarifications regarding the specifications or any
tender conditions in the pre-bid meeting or earlier in writing at the address for
submission of this tender through e-mail/letter.
The Scope of the work for this particular Contract shall mean and include the following:
(a) Supply and Installation of Flab Gates and Turnstiles as per number mentioned in
the Bid Summary and Specifications in Annexure 6 of this Tender document, at
BRTS Bus stations as indicated by the Authority with a warranty period as
mentioned in the Bid Summary of this Tender Document.
(b) Maintenance of the above items during the Warranty Period and Annual
Maintenance Contract period as specified in the Bid Summary to ensure the
availability of the System in excess of 99% in accordance with the provisions of this
Tender and Guidelines and Specifications as may be stipulated herein.
(c) Performance and fulfillment of all other obligations incidental to and supporting the
above.
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6 INSTRUCTION TO BIDDERS
6.1 Documents Constituting Tender
The Tender documents comprise the following and are to be read together:
(i) This tender document, and
(ii) Other documents constituting the Tender and acceptance thereof and shall be
deemed to include any amendments, modifications to the tender document or its
constituent document.
6.2 Bidding Format
The Bidding is a two stage process comprising the Technical Bid and the Price Bid. The
purpose of the Technical Bid is to ensure the technical and financial capability of the
Bidder to supply the products and services as required. Price Bids of only those Bidders
qualifying in the Technical Bid would be opened.
6.3 Bid Submission Format
The Bidders will submit the Bid in three sealed envelopes, the details for which are
specified below. The title of the envelope shall be super scribed on the sealed envelope.
Envelope 1
(1) Bid Security and (2) Tender fee in the form of Demand Draft from Nationalized Bank
in favour of “Municipal Commissioner”, and payable at Ahmedabad. The envelope shall
be titled “Envelope 1 – Tender Fee and Bid Security”.
Envelope 2
a) Cover Letter as per Annexure 1.
b) Copy of tender document signed on every page by the Authorized representative
of the Bidder.
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c) Also, the Authorization of signatory in the form of Board Resolution/ Partner’s
Resolution or Power of Attorney, as applicable shall also be provided in this
Envelope.
d) Technical Bid as per Annexure 3.
The envelope shall be titled “Envelope 2 – Technical Bid“
Envelope 3
a) Price Bid
The envelope shall be titled “Envelope 3 – Price Bid“
6.4 Tender Opening Process
On the day of tender opening, Envelope 1 would be opened first and the Bid Security
and Tender fee would be verified.
On successful verification of the same, Envelope 2 would be opened.
The Bidder would be awarded points for the technical bid as per Clause 6.9.2 of this
tender document. Also, the evaluation shall be done on the basis of the contents of
Envelope 2 as against the criteria specified in the Tender document.
Envelope 3 shall be opened of only those Bidders who satisfy the Technical evaluation
criteria.
The formats and checklists for each submission have been explained in the Tender.
6.5 Submission Document Checklist
Bidders would be required to submit the following documents. The formats for these
documents where applicable are placed as Annexure.
Envelope
No,
Documents Relevant Annexure
for format/guidelines
1 Tender fee and Bid Security in the form of
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demand draft in favour of “Municipal
Commissioner”, and payable at Ahmedabad.
2 Technical Bid :
Forwarding Letter
Capability statement
Audited Financial Statements for last 3
years/ additional documents indicating
turnover from business in India only
List of References / work completed along
with Work orders / Satisfactory Completion
Certificates
Quality and Technical Solution Literature Any quality certifications
Copy of tender document signed on every
page by the Bidder’s authorized
representative.
Authorization of signatory in the form of
Board Resolution/ Partner’s Resolution or
Power of Attorney, as applicable.
Annexure 1,2 3
3 Price Bid Annexure 4
6.6 Bid Security and Tender fee
Tender submitted in response to the Tender Document shall be accompanied by Tender
Fee and Bid Security as mentioned in the Bid Summary of this tender document.
(1) The bid security furnished by the successful Bidder shall be refunded after the
acceptance of Performance Security.
(2) Bids not accompanied with requisite Bid security shall be summarily rejected.
(3) The bid security shall be returned to the Bidder –
(a) Whose bid has not been accepted by the Authority.
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(b) Whose bid has been accepted by the Authority but after receipt of Performance
security.
(c) If the Bid Security is not from a Nationalized Bank.
(4) Bid security is a non interest bearing deposit.
6.7 Discharge of Bid Security of successful Bidder
The Bid Security of a Successful Bidder shall be discharged only after the Performance
Security is furnished by the Bidder as per the requirement. The Successful Bidder’s Bid
Security shall not be adjusted against the Performance Security.
Bid security shall stand forfeited in the following situations:
(1) In case of unclear offer and/or conditional offer, such tender is not acceptable and
so the bid security shall be forfeited.
(2) In case of revision and/or modification of terms of bid or withdrawal of bid during
the validity period.
(3) In case of Bidder demands transfer of contract before acceptance of offer or after
acceptance of offer.
(4) For the successful Bidder, if the performance security is not deposited within the
time period as mentioned in the Bid Summary of this tender document.
(5) If the Agreement is not executed within the time period specified in the LoA or as
specified by the Authority, even though performance security has been paid. (In
this case, both Bid Security and Performance Security will be forfeited and LoA will
be cancelled).
(6) In the event, Bidder, after the issue of communication of acceptance of his bid by
the Authority, fails/refuses to start/execute the work as herein the Bidder shall be
deemed to have abandoned the work/contract and such an act shall amount to
and be construed as the Bidder’s calculated and willful breach of contract, the costand consequences of which shall be to the sole account of the Bidder and in such
an event the Authority shall have full right to claim damages thereof in addition to
the forfeiture of the Bid security deposited in terms of this bid documents.
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6.8 Performance Bank Guarantee/ Performance Security
The Successful Bidder shall be required to furnish a Performance Security as per the
terms set forth in the Bid Summary of this tender document. The Bid security shall be
returned back to the Supplier on the receipt of Performance Security. The general
format of the bank guarantee for Performance Security is set forth in Annexure 5 of this
Tender document.
Provided that if the contract is terminated for reasons other that that which can be
attributable to the Supplier, the Performance Security, shall, subject to the Authority’s
right to receive amounts, if any, due from the Supplier under this contract, be duly
discharged and released to the Supplier.
Performance Guarantee in the form of a bank guarantee shall be irrevocable and valid
for the installation and Warranty Period and an additional period of 90 (ninety) days
thereafter. The performance guarantee shall not be released in part for different units
despite exhaustion of warranty period for some of the units. However, Authority retains
its absolute discretion to release performance guarantee in parts if they are satisfied
that the warranty period exhaustion for different units is very far apart.
6.9 Technical Bid Evaluation Criteria
6.9.1 Financial Capability
Bidder’s annual turnover of the last financial year for which audited results are available
should be more than Rs. 2 Crores (from the business in India only) in order to be
technically qualified under this bid. Annual Audited reports for the last 3 years should be
submitted along with the technical bid.
6.9.2 Technical Capability
The following is an outline of the criteria that Authority would use for evaluation of the
technical capability of the Bidder along with the weightage that would be used for each
criterion. Evidence in the form of supporting documents should be submitted along with
the Technical Tender. The points for the criteria shall be calculated separately for the
Flap Gates and Turnstiles.
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Sr.No Description Points
1 No of Units of Flap gates/ Turnstiles supplied / commissioned
during the last 3 years from the due date of tender
0-25
2 No of Units of Flap gates/ Turnstiles supplied / commissioned
in Public Transit System during the last 3 years from the due
date of tender. (these units shall not be included in category
1 in order to avoid duplication)
0-35
3 The extent to which the proposed Bidder has local resources,
presence or tie-up.
0-10
4 Quality Assurance Programme for executing the Works in
place.
0-20
5 Project management capabilities of large scale system
integration in terms of number of large systems to which
Bidder has supplied Flap gates and Turnstiles worth more
than INR 1 Crore.
0-10
The Bidder shall produce all necessary documents in support of each of the category
listed in the following table applicable to its bid. The supporting documents shall include,
but not be limited by, the following:
(1) Certificates from the customers regarding numbers of units supplied, cost of the
project and project duration etc. attested by the statutory auditors.
(2) Satisfactory supply and installation certificates from the clients
(3) Quality Assurance Certificates/Programs (Such as ISO etc.)
(4) Certificate from statutory auditors regarding value of work done in last year
(5) Evidence of local presence/ tie up.
(6) Other documents as necessary.
Based on the above, the Evaluation committee appointed by the Authority or Authority
itself will carry out its evaluation applying the evaluation criteria and point system
specified above to each responsive bid. Any Bidder scoring above 60, and meeting
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the financial criteria shall be declared eligible. Authority’s decision in this
regard shall be final.
Eligible Bidders, at the sole discretion of the Authority, would be required to make a
demonstration/presentation to the Authority, indicating:
a) The demonstration of the prototype to evidence that the unit proposed to be
supplied is according to the Tender Specifications and what are the deviations, if
there are any, from the requirements.
b) Any other relevant information/ details as might be required.
The demonstration / presentation would serve as a platform for the Authority to betterevaluate the functioning of the units System proposed to be supplied by the bidder and
understand whether there are any deviations that cannot be permitted.
Based on the demonstration / presentation of the eligible Bidders, (or if the same is
deemed not to be required, without the presentation) the Authority would qualify the
eligible Bidders for the next stage.
6.10Further Information
Authority retains the right to ask for any further information that may be required from
the Bidder for evaluation purposes.
6.11Price Bid Opening
After the evaluation of technical bids, the Authority shall notify qualifying Bidders,
indicating the date and time set for opening the Price Bids.
The Price Bid shall be opened in the presence of the qualified Bidder’s representatives
who choose to attend. The name of the Bidder’s and the proposed price shall be read
loudly and recorded when the Price Bid is opened.
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The Evaluation committee will determine whether the Price Bid is complete and will
correct any computational error.
The Bidder’s qualified in the technical bid and who quotes the lowest in the Price bid will
be qualified as Preferred Bidder. Authority may hold further negotiations with the
Preferred Bidder before the assignment of Letter of Acceptance.
6.12Validity Period
Bids shall remain valid for a period as mentioned in the Bid Summary of this Tender
document. The Authority reserves the right to reject a Bid as non-responsive if such Bid
is valid for a period which is less than specified and Authority shall not be liable to send
an intimation of any such rejection to such Bidder.
6.13Extension of Period of Validity
In exceptional circumstances, the Authority may solicit the Bidder’s consent for an
extension of the period of Bid validity. Any such request by the Authority and the
response thereto shall be made in writing and such extension of Bid validity period by
the Bidder should be unconditional. A Bidder may refuse Authority’s request for such
extension without forfeiting the Bid Security. A Bidder accepting the request of Authority
shall not be permitted to modify its Bid.
6.14Modification and Withdrawal of Bid
No bid may be withdrawn in the interval between the deadline for submission of bid and
the expiration of the bid validity period and if a Bidder withdraws its bid, then the bid
security shall be forfeited.
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7 OBLIGATIONS AND UNDERTAKINGS
In addition to and not in derogation or substitution of any of the obligations set out
elsewhere in this Tender and the subsequent Agreement, the Parties shall agree and
undertake as under:
7.1 General Obligations of the Supplier
The Supplier shall at its own cost and expense:
(a) Supply, install, and commission the Systems at BRTS bus stations/ locations
decided by Authority in required quantity at stipulated price within specified time
limit in accordance with the provisions of this Tender, Good Industry Practice and
Applicable Laws.
(b) Repair and maintain the System in full operational condition as per the terms of the
Service Level Conditions included in Annexure 6 during the Warranty and Annual
Maintenance Contract Period, if required through changing the Spare Parts.
(c) Obtain all Applicable Permits in conformity with the Applicable Laws and be in
compliance with thereof at all times for execution of its obligations.
(d) Ensure compatibility of the System with the various softwares/ protocols of other
components/ systems of BRTS.
(e) Procure and maintain in full force and effect, as necessary, appropriate proprietary
rights, licenses, agreements and permissions for materials, methods, processes and
Systems used in or incorporated into the System.
(f) Allow and entitle the Authority or a nominee of the Authority to step into this
Contract at the Authority’s discretion, in place and substitution of the Supplier in
the event of Termination pursuant to the provisions of this Tender;
(g) Provide all assistance to the Authority or its representative as they may reasonably
require for the performance of their duties and services under this Tender;
(h) Provide to the Authority reports on a regular basis during the Warranty Period and
AMC period on the progress of the project as may be demanded by the Authority.
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(i) Ensure and provide full cooperation and assistance to the other vendors and to the
Authorities to ensure that the System is compatible with other components of the
BRTS.
(j) Make efforts to maintain harmony and good industrial relations among the
personnel employed in connection with the performance of the Supplier’s
obligations under this Tender.
(k) Develop, implement and administer a Surveillance and Safety Program for the
System and the users thereof and the Contractors personnel engaged in the
provision of any services including correction of safety violations and deficiencies,
and taking of all other actions necessary to provide a safe environment in
accordance with Applicable Laws and Good Industry Practice;
(l) Take all reasonable precautions for the prevention of accidents on or about the
System Installation Site/ Facility.
(m) Not to place or create nor to permit any Contractor or other person claiming
through or under the Supplier to create or place any Encumbrance over all or any
part of the Project Assets, or on any rights of the Supplier therein, save and except
as expressly set forth in this Tender;
(n) Be responsible for safety, soundness and durability of the System including all
structures forming part thereof and their compliance with the Specifications and
Standards set forth in this Tender through out the warranty period and the AMC
period.
(o) Remove promptly upon installation and according to Good Industry Practice, from
the Installation/Project Site, all surplus installation machinery and materials, waste
materials, rubbish and other debris and keep the site in a neat and clean condition
and in conformity with the Applicable Laws and Applicable Permits.
(p) Have requisite organization and designate and appoint suitably qualified officers/
representatives as it may deem appropriate to supervise the implementation of its
obligations under this Tender and to deal with the Authority or its representative
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and to be responsible for all necessary exchange of information required pursuant
to this Tender;
(q) Undertake, do and perform all such acts, deeds and things as may be necessary or
required to adhere to Project Completion under and in accordance with this Tender;
(r) Make available for inspection by Authority or any authorized person of the
Authority, copies of Tender, subsequent Agreement, Maintenance Manual and
copies of all documents relating to safety and its safety standards free of charge.
(s) The Supplier shall be responsible for ensuring that any existing utility on, under,
above, adjacent, adjoining or near the Project Site is kept in continuous satisfactory
use, if necessary, by the use of suitable temporary or permanent diversions with
prior approval of the Authority.
7.2 Obligations of the Authority
The Authority shall:
(a) Permit the Supplier to work on the project site to execute its obligations.
(b) Grant or where appropriate provide necessary assistance to the Supplier in securing
Applicable Permits;
(c) Grant in a timely manner all such approvals, permissions and authorizations whichthe Supplier may require or is obliged to seek from the Authority in connection with
implementation of the Project and the performance of the Supplier’s obligations as
per the tender;
(d) Ensure peaceful use of the Site by the Supplier without any let or hindrance from
the Authority or persons claiming through or under it;
(e) Upon written request from the Supplier, assist the Supplier in obtaining access to
necessary infrastructure facilities and utilities, including water, electricity andtelecommunication facilities at rates and on terms no less favorable to the Supplier
than those generally available to other contractors/ suppliers of the Authority
supplying substantially similar equivalent facilities/utilities. This provision shall not
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entitle the Supplier to be excused from its obligations under the Tender for the
Authority being unable to supply such assistance.
(f) Ensure that no barriers are erected or placed by the Authority or any Governmental
Agency on the Site, except on account of any law and order situation or upon
national security considerations;
(g) Make payments in timely manner for work completed in a satisfactory manner as
per the payment terms.
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8 SYSTEM INSTALLATION, COMMISSIONING, WORK
COMPLETION AND INSURANCE
8.1 Monitoring and Supervision
During the Warranty Period and AMC Period, the Supplier shall furnish to the Authority
periodic reports on actual progress of the Flap gate/ Turnstile works and furnish any
other relevant information as may reasonably be required by the Authority.
8.2 Project Completion
(a) The Flap gate/ Turnstile units shall be supplied against each request for supply by
the Authority. Such request shall be in writing, indicating the number of units to be
supplied and locations (Sites) where they are to be installed. Such requests shall becontinued to be made until the full order is exhausted.
(b) Upon getting the Request for Supply order, the supplier shall promptly and as soon
as possible but in any case not later than 15 days from the date of Request,
complete the supply, installation and commissioning of the System at the stated
site.
(c) After successful supply, installation and commissioning of required units of Flap
gates/ Turnstiles, the Supplier shall inform Authority/ its authorized representative
who shall conduct demonstration / testing of the System installed to test their
conformity to Supply Specifications. The system shall be checked for full
functionality in an integrated environment. Upon satisfaction, Authority/ its
authorized representative shall issue a Completion Certificate. No certificate shall be
issued against only delivery, partial installation or incomplete commissioning of any
individual unit.
(d) The supply shall be deemed to be complete only when the Completion Certificate is
issued by the Authority in accordance with the provisions set forth in this Tender
Document. Such certificate may be supplied individually for each Flap gate/
Turnstile unit of the System or for batches.
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(e) If the Completion is delayed beyond the stipulated time for any reason other than
Force Majeure or reasons attributable to the Authority, the Authority shall be
entitled, by Encashment notice to forfeit the Performance Security to recover the
liquidated damages payable.
(f) For delay in Completion beyond 90 days, the Authority shall subject to the
provisions of this Tender Document relating to excuse from performance of the
Supplier’s obligations hereunder, be entitled to terminate the contract in
accordance with the provisions for termination.
8.3 Maintenance
During the Warranty and the Maintenance Contract Period, the Supplier shall maintain
the System, modify, repair or otherwise make improvements to the Project/ Project
Facility to comply with Tender Specifications, Good Industry Practice, Applicable Laws
and Applicable Permits, and manufacturer’s guidelines and instructions. More
specifically, the Supplier shall be responsible for:
(a)Ensuring smooth and uninterrupted access to the facility in normal operating
conditions;
(b)Undertaking routine maintenance
(c) Adherence to the Safety Standards commensurate with the project size and function.
(d)Repair/ replacement of all faults during the warranty period and AMC Period arising
out of manufacturer’s defects and wear and tear of the unit within design limits. In such
circumstances the Supplier shall repair/replace the unit to restore full functionality.
Maintenance shall also include the replacement of spare parts damaged due to normal
wear and tear and defects.
Damages due to physical attack by passengers (vandalism), tampering of equipment by
passengers, Authority’s staff or any external party shall be the liability of the Authority.
In such an event, the Authority shall request the Supplier to repair/replace the damaged
unit and reinstall the same. All costs towards the same shall be reimbursed by the
Authority to the Supplier.
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Upon completion of the Project, the Supplier shall submit to the Authority for approval a
detailed manual for maintenance (the Maintenance Manual) incorporating a detailed
preventive and breakdown maintenance regime including frequency, type and methods
of maintenance interventions. Upon approval, such the maintenance regime shall be
followed strictly. The Manual shall not conflict with provisions of the Tender Document/
subsequent Agreement.
If the repair of a unit is likely to take substantial time, then Authority may request the
supplier to temporarily replace the unit until the original unit is repaired and replaced,
failing which the Authority shall reserve the right to claim damages.
8.4 Insurance
8.4.1 Insurance during the entire period
The Supplier shall, at its cost and expense, purchase and maintain during the
Implementation Period, Warranty Period and the AMC period, such insurances as are
necessary, including but not limited to the following:
(a) Supplier’s all risk insurance;
(b) Comprehensive third party liability insurance including injury or death to
personnel of Persons who may enter the Project Site;
(c) Workmen’s compensation insurance;
(d) Any other insurance that may be necessary to protect the Supplier, its employees
and its assets (against loss, damage or destruction at replacement value)
including all Force Majeure Events that are insurable and not otherwise covered in
items (a) to (c).
The Supplier shall, from time to time, provide to the Authority copies of all insurance
policies (or appropriate endorsements, certifications or other satisfactory evidence of
insurance) obtained by the Supplier in accordance with this Tender.
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8.4.2 Application of Insurance Proceeds
(a) All moneys received under insurance policies shall be promptly applied by the
Supplier towards repair or renovation or restoration or substitution of the supplied
units or any work related to it or any part thereof which may have been damaged
or destroyed.
(b) The Supplier shall carry out such repair or renovation or restoration or
substitution to the extent possible in such manner that the supplied units or any
part thereof, shall, after such repair or renovation or restoration or substitution be
as far as possible in the same condition as they were before such damage or
destruction, normal wear and tear excepted.
8.4.3 Validity of the Insurance Cover
The Supplier shall pay the premium payable on such insurance policy(ies) so as to keep
the policy(ies) in force and valid throughout the Period of Warranty and AMC period and
furnish copies of the same to the Authority. Each insurance policy shall provide that the
same shall not be cancelled or terminated unless 10 Days' clear notice of cancellation is
provided to the Authority in writing. If at any time the Supplier fails to purchase and
maintain in full force and effect any and all of the insurances required under this
tender/subsequent agreement, the Authority may at its option purchase and maintain
such insurance and all sums incurred by the Authority therefore shall be reimbursed by
the Supplier forthwith on demand, failing which the same shall be recovered by the
Authority by exercising right of set off or otherwise.
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9 COMMERCIAL AND PAYMENT TERMS
9.1 Payment for Supply
Upon successful Project Completion or its part thereof depending on the work order, the
Authority undertakes to pay the Supplier 50% of the invoiced amount upon successful
installation and demonstration of operations within 30 days of the delivery of the Invoice
to it, provided such obligation is not delayed on account of events beyond the control of
the Authority such as Force Majeure and further provided that the invoice is presented
along with Completion Certificate for the units represented in the invoice. 40% of the
amount shall be paid on 3 months satisfactory operations of the System and the balance
10% shall be paid on 6 months of satisfactory operations of the concerned units.
Payment can be made as per batch wise orders placed.
If the successful installation and commissioning of the units is delayed as per
Specifications, the Authority shall be entitled, by reasonable notice, to forfeit the
Performance Security.
Liquidated Damages for delay in supply and complete installation shall apply as specified
in the Bid Summary.
The rate approved by the Authority shall be valid for a period as specified in the bid
summary.
The payments shall be made, subject to the Authority’s right to deduct payments if any,
towards any damages, unsatisfactory services etc as per the provisions of the Tender.
No payment shall be made for part supply, part installation or part commissioning of any
individual units of the Flap gates/ Turnstiles. While payment can be invoiced for one or
more units, a completion certificate corresponding to each of the units represented in
the invoice must be submitted.
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9.2 Payment for Annual Maintenance Contract
Payment during the Annual Maintenance Contract period shall be made annually at the
end of each such year of the contract after issue of Satisfactory Service Certificate for
the payment tenure from the Authority.
The total amount payable for Annual Maintenance Contract of each supplied unit for a
period mentioned in the Bid Summary shall be quoted in the Price Bid.
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10 GENERAL TENDER CONDITIONS
10.1 Letter of Acceptance & Agreement
As the first step for the assignment, the Authority shall issue the successful Bidder a
Letter of Acceptance. This letter will refer to the proposal and confirm its acceptance.
The parties agree to enter into an agreement in due course which shall consist of these
Terms and Conditions- as mutually agreed between the parties and the additional terms
that the Authority finds suitable for the execution of this Contract.
10.2Work Order
Work Order once placed by the Authority cannot be cancelled or amended in normal
circumstances. But in case of any emergency situations it can be amended on mutual
consent in writing.
10.3 Lead Time and Liquidated Damages
The successful Bidder will be given a Request for Supply of certain number of units of
Flap gates/ Turnstiles. Such units will be required to be supplied and installed within the
time as mentioned in the Bid Summary of this tender document. The liquidated damages
in case of non-compliance would be as per the Bid Summary.
10.4Quantity Variation
In case of variation in quantity purchased, no claim shall be entertained or become
payable for price variation of supplied units.
10.5Tax liability
The Prices mentioned in the Price Bid should include all taxes applicable as on the date
of submission of the Tender. Any deviations due to change in the rate of taxes and
duties or any introduction of new taxes and duties would be adjusted at actual with
mutual consent from the Supplier and the Authority. The Authority shall be entitled to
deduct tax at source as may be applicable. The TDS certificate(s) shall be submitted as
per the due date specified in the Income Tax Act.
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10.6 Change Management Procedure
Any changes having technical or commercial implications will have to be mutually agreed
upon in advance, prior to making the change. In case of situations, that the impact is
not dependent on one or both parties’ agreement, the revised commercials will be
effective from the date of impact.
For avoidance of doubt, the parties expressly agree that:
a) Change Request shall not be effective and binding unless agreed in writing and
signed by both Authority and supplier.
b) The payment of any additional cost agreed under a Change Request shall be in
addition to the payments agreed upon under the Tender between the two parties.
c) Upon a Change Request becoming effective, the Works Schedule shallautomatically stand adjusted by the additional time required for implementing the
Change Request.
10.7Termination of Contract and Termination payment
This Contract may be terminated by either party:
1) By mutual agreement or by either party for its convenience by giving four week
written notice, or
2) In case of breach by one party of the terms and conditions of this tender and its
failure to remedy such breach within a period of four weeks from date of receipt
of a default notice in this regard from the non breaching party to the breaching
party, or
3) in case of the filing by or against the other Party in any court of competent
jurisdiction of a petition in bankruptcy or insolvency, or for a scheme of
rearrangement (reorganization) with creditors, for the appointment of a receiver
or trustees; or the making of an assignment for the benefit of creditors.
In case of issue of termination notice, the Authority will pay Supplier all payments due
as of the termination date stated in the notice, including those for the proportion of work
completed in the on-going stage, until termination.
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10.8Dispute Resolution
In the event of a dispute or difference of any nature whatsoever between the Supplier
and the Authority during the course of the Works, the same shall be referred to the
Municipal Commissioner for resolution. The decision of the Municipal Commissioner shall
be final and binding on both the parties.
10.9 Events of Default and Termination
10.9.1 Event of Default
Event of Default means the Supplier Event of Default or the Authority Event of Default or
both as the context may admit or require.
(a) Supplier Event of Default
Any of the following events shall constitute an event of default by the Supplier unless
such event has occurred as a result of Authority Event of Default or a Force Majeure
Event;
(1) The Supplier fails to commence the supply and installation works within specified
Lead Time.
(2) The Supplier fails to achieve Project Completion beyond permitted time as per the
Bid Summary of this Tender Document.
(3) Any representation made or warranties given by the Supplier under this tender is
found to be false or misleading.
(4) The Supplier creates any Encumbrance on the designated site, save and except as
otherwise expressly permitted under this Contract.
(5) The Supplier is in breach of Maintenance Requirements as per the Warranty terms
and maintenance manual.
(6) The Performance Security has been encased and appropriated in accordance with
clause and Supplier fails to replenish or provide fresh Performance Security within
Cure Period of 15 (fifteen) days.
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(7) The Supplier failed to make any payment to Authority within the Period specified in
the Tender.
(8) The Supplier submits to the Authority any statement which is false in material
particulars and which has a material effect on Authority’s right, obligations orinterests.
(9) The transfer, pursuant to law of either (a) the rights and/or obligations of the
Supplier under any of the Project Agreements, or (b) all or material part of the
Supplier except where such transfer in the reasonable opinion of Authority does not
affect the ability of the Supplier to perform, and the Supplier has the financial and
technical capability to perform, its material obligations under the Project
Agreements.
(10) A resolution is passed by the shareholders of the Supplier Company for the
voluntary winding up of the Supplier Company.
(11) Any petition for winding up of the Supplier firm/company is admitted by a court of
competent jurisdiction or the Supplier is ordered to be wound up by Court except
for the purpose of amalgamation or reconstruction, provided that, as part of such
amalgamation or reconstruction, the property, assets and undertaking of the
Supplier are transferred to the amalgamated or reconstructed entity and that the
amalgamated or reconstructed entity has unconditionally assumed the obligations
of the Supplier under this Contract, and provided that:
(a) the amalgamated or reconstructed entity has the technical capability and
operating experience necessary for the performance of its obligations under
this Contract.
(b) the amalgamated or reconstructed entity has the financial standing to perform
its obligations under this Supplier and has a credit worthiness at least as good
as that of the Supplier as at date of LOI; and
(c) each of the Contracts remains in full force and effect.
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(12) The Supplier suspends or abandons the operations of the Project without the prior
consent of Authority, provided that the Supplier shall be deemed not to have
suspended/ abandoned operation if such suspension/ abandonment was as a result
of Force Majeure Event and is only for the period such Force Majeure is continuing,
(13) The Supplier repudiates the Contract or otherwise evidences an intention not to be
bound by it.
(14) The Supplier is otherwise in Material Breach of the Contract or commits a default in
complying with any other provision of the tender document.
(b) Authority Event of Default
The following events shall constitute events of default by Authority (each an “Authority
Event of Default”), unless any such an event has occurred as a result of Supplier Event
of Default or due to a Force Majeure Event:
(1) Authority repudiates this Contract or otherwise evidences an intention not to be
bound by it.
(2) Authority or any Governmental Agency has by an act of commission or commission
created circumstances that have a Material Adverse Effect on the performance of its
obligations by the Supplier and has failed to cure the same within thirty (30) days
of notice thereof by the Supplier.
10.9.2 Termination due to Event of Default and Termination Payment
(a) Termination for Supplier Event of Default
(1) Without prejudice to any other right or remedy which Authority may have in respect
thereof under the Tender, upon the occurrence of a Supplier Event of Default,
Authority shall, subject to the provisions of the Contract, be entitled to terminate
this Contract by issuing a Termination Notice of 30 days to the Supplier, provided
that before issuing the Termination Notice, Authority shall by a notice in writing
inform the Supplier of its intention to issue the Termination Notice (the “Preliminary
Notice”). In case the underlying breach/default is not cured within a period of 7
(seven) days from the date of the Preliminary Notice (Cure Period) Authority shall
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be entitled, to terminate this Contract by issuing the Termination Notice. Provided
further, that
a. If the default is not cured within 7 (seven) days of the Preliminary Notice,
Authority shall be entitled to encash the Performance Security with a notice tothe Supplier (Encashment Notice),
b. If the default is not cured within 7 (seven) days of the Encashment Notice and a
fresh Performance Security is not furnished within the same period, Authority
shall be entitled to issue the Termination Notice.
c. Upon Termination the Authority shall be entitled for any legal remedies for
compensation as may be prescribed by law.
(b) Termination for Authority Event of Default
The Supplier may, upon the occurrence and continuation of any of Authority Event of
Default may terminate the Contract by issuing Termination Notice of 30 days to
Authority.
10.9.3 Rights of Authority on Termination
Upon Termination of this Contract for any reason whatsoever, Authority shall have the
power and authority to:
(1) Retain possession and control of Project Assets forthwith;
(2) Prohibit the Supplier and any person claiming through or under the Supplier from
entering upon the Project Assets/dealing with or any part thereof;
(3) Appoint another party or Supplier that may carry of the remaining obligations of
the Supplier.
10.9.4 Termination Payments
In case of termination, the Authority shall pay Bidder payments due as of the
termination date stated in the notice, for the proportion of work fully completed. The
Authority may, at its sole discretion, also pay termination compensation it may decide to
be reasonable in the circumstances.
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10.10Intellectual Property
The Intellectual Property Rights (IPR) in all the deliverables and documentation
associated therewith and developed or upgraded hereunder and ownership of tools,
processes, utilities, and methodology including any Supplier proprietary products or
components thereof used in the provision of services or development of deliverables and
all new ideas, inventions, innovations, or developments conceived, developed or made
by Supplier or its Consultants/Employees while providing services hereunder shall
remain the absolute property of Supplier.
10.11Liability
In no event shall the Supplier or the Authority be liable, one to the other, for special or,
indirect damages in connection with or arising out of the furnishing, performance or use
of the services or deliverables provided by Supplier under the terms of this tender
proposal.
10.12Indemnity
The Supplier shall, during the term of the whole contract, indemnify and hold the
Authority harmless from any loss, claim or damage, third party suit, proceedings,
judgments, cost and expenses (including reasonable attorney fees) relating to any
infringement claim by a third party if the same is based on any Supplier materialsprovided to Authority by or on behalf of Supplier or the access and use by Authority of
any Supplier provided software or materials in connection with Supplier’s performance of
Services hereunder without breaching the terms of the Tender.
Supplier will defend, indemnify and hold harmless Authority from and against any third-
party suit, proceeding, judgment, costs and expenses (including, reasonable attorney
fees) to the extent such action or claim is based on allegation that the Services or
Deliverables as provided to Authority by Supplier and the use thereof by Authority as
stated in the Tender constitutes an infringement of or misappropriation of the copyright,
patent, trademark or trade secret rights of any third party.
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10.13Force Majeure
Should either Party be prevented from performing any of its responsibilities (as detailed
in this proposal) by reason caused by an Act of God or any cause beyond its reasonable
control including but not limited to work stoppages, fires, riots, terrorist strikes,
accidents, explosions, floods, cyclones, storms wars, revolutions, acts of public enemies,
blockages, embargos any laws, orders, proclamations, ordinances, demands or
requirements for any government or authority or representative of any such government
including restrictive trade practices or regulations strikes, shutdowns, labor disputes
which are not instigated for the purpose of avoiding obligations herein failures and/or
fluctuations in electric power, light, telecommunications or air-conditioning equipment
the time for performance shall be extended until the operation or such cause has
ceased, provided the party affected gives prompt notice to the other of any such factorsor inability to perform, resumes performance as soon as such factors disappear or are
circumvented. Under this clause, if either party is excused performance of any obligation
for a continuous period of 30 days, then the other party may at any time thereafter
while such performance continues to be excused, terminate the Contract without
liability, by notice in writing to the other. However, the aforementioned reasons do not
include lack of personnel and non-performance of third parties hired.
The Supplier shall not be entitled to any termination payment from the Authority in case
of force majeure, including termination of contract due
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