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Page 1 of 47 KANPUR MUNICIPAL CORPORATION (KMC) Motijheel, Kanpur-208 002, Phone: 0512-2531215,2551416, FAX: 0512-2531662 E-mail : [email protected] Web-site: http://kmc.up.nic.in Short term Re-Tender Notice For For LED Lights The sealed bids are invited (in conformity with information to bid attached) from reputed LED Street Light manufacturers or their authorized dealers and Energy saving companies (ESCOs) accredited by Bureau of Energy efficiency having experience of Energy Savings on the basis of Energy Saving in Municipal Street Lighting. This request for Tenders, (RFT) is public and any qualified firm interested can submit a proposal. The bidder will be responsible to provide Energy Efficient LED Street Lighting System, 1100 numbers of 40 watt. Each proposal shall consist of two separate envelopes with clear indication “Technical Proposal” and “Financial Proposal”. EMD will be Rs. 1.5 Lakh/- in the form of Demand Draft in the favour of “Chief Finance & Accounts Officer, Kanpur Municipal Corporation”. The detailed RFT and other terms and conditions and tender form can be seen and collected from the office of Director City Cleansing/In charge Street Light, Motijheel Office on any working day on the payment of Rs.5000/- till 18-03-10 till 12:00 noon. The RFT documents/tender form can also be downloaded from the KMC site http://kmc.up.nic.in but the bidder will have to attach a bank draft of Rs.5000/- in favour of “Chief Finance & Accounts Officer, Kanpur Municipal Corporation” payable at Kanpur; as cost of bid document in the technical bid otherwise the bid will not be considered. The tenders will be received on 18-03-10 upto 3.30PM at the office of Director City Cleansing/In charge street lights, Motijheel

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KANPUR MUNICIPAL CORPORATION

Page 1 of 33

KANPUR MUNICIPAL CORPORATION (KMC) Motijheel, Kanpur-208 002,

Phone: 0512-2531215,2551416, FAX: 0512-2531662E-mail : [email protected]

Web-site: http://kmc.up.nic.in

Short term Re-Tender Notice For For LED Lights

The sealed bids are invited (in conformity with information to bid attached) from reputed LED Street Light manufacturers or their authorized dealers and Energy saving companies (ESCOs) accredited by Bureau of Energy efficiency having experience of Energy Savings on the basis of Energy Saving in Municipal Street Lighting. This request for Tenders, (RFT) is public and any qualified firm interested can submit a proposal. The bidder will be responsible to provide Energy Efficient LED Street Lighting System, 1100 numbers of 40 watt. Each proposal shall consist of two separate envelopes with clear indication “Technical Proposal” and “Financial Proposal”. EMD will be Rs. 1.5 Lakh/- in the form of Demand Draft in the favour of “Chief Finance & Accounts Officer, Kanpur Municipal Corporation”. The detailed RFT and other terms and conditions and tender form can be seen and collected from the office of Director City Cleansing/In charge Street Light, Motijheel Office on any working day on the payment of Rs.5000/- till 18-03-10 till 12:00 noon. The RFT documents/tender form can also be downloaded from the KMC site http://kmc.up.nic.in but the bidder will have to attach a bank draft of Rs.5000/- in favour of “Chief Finance & Accounts Officer, Kanpur Municipal Corporation” payable at Kanpur; as cost of bid document in the technical bid otherwise the bid will not be considered. The tenders will be received on 18-03-10 upto 3.30PM at the office of Director City Cleansing/In charge street lights, Motijheel office and will be opened on the same day at 4.00 PM in the presence of the bidders in the office of the Additional Commissioner-I, Kanpur Municipal Corporation, Motijheel, Kanpur. The same tender was invited on 05-03-2010 .The tender document will be the same except the conditions that 1. In place of 2 MW, ½ MW should be placed, Sample will be compulsory to be submitted with the bid , Light should have certification from CPRI/ERTL/India Solar Centre, CMC will be for 5 Years instead of 10 Years. These amendments should be treated and acknowledged by all bidders for the tender document already published previously .Other conditions will remain the same.

(Rajeev Sharma) Municipal Commissioner

BID DOCUMENT For

LED BASED STREET LIGHTING SYSTEM

NAME OF THE WORK: “Design, supply, installation, testing & commissioning & replacement as required of Energy Efficient LED street light system complete with lamp, luminaries, fittings and warranty period obligations at Kanpur Municipal Corporation-Kanpur”.

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Kanpur Nagar NigamMotijheel, Kanpur 208 001

Phone: 0512-2531215,2551416, FAX: 0512-2531662E-mail : [email protected]

Website:http://kmc.up.nic.in

Invitation to Bid

Tender No:

Sealed, Separate Bids, “Technical” and “Financial” Bid are invited from eligible bidders for the project: “Design, supply, installation, testing & commissioning of LED street light system complete with lamp, luminaries and fittings of 40 Watt LED Street Lighting System .

The eligible bidder means manufacturer or authorized distributor or authorized dealer of LED Lights or consortium of registered firms engaged in similar work, but shall include either a manufacturer, esco company or authorized distributor or authorized dealer of LED Lights, who have accomplished minimum of one LED based street lighting project at a Municipality/Municipal Corporation within the immediate past three years.

Cost of bid Documents: Rs. 5000/-(Rs. Five Thousand) + VAT @12.5%, EMD: 2% of the Bid Value .

Place for submission/ Office of Street Light, Motijheel.

Place of opening of tender document: Office of Street Light,Kanpur Nagar Nigam Motijheel, Kanpur 208 001

Date and time for sale of Tender Documents: 18/03/2010 up to 12.30 hrs.

Date & Time of submission of Tender Document: 18/03/2010 before 03.30 hrs.

Date & Time of opening of Technical Bid: 18/03/2010 at 16.00 hrs.

All payments shall be made by Bank draft in favor of Chief Finance and Account Officer, Kanpur Municipal Corporation payable at Kanpur.

Municipal Commissioner, Kanpur Municipal Corporation-Kanpur reserve the right to modify the time frames, cancel or reject any bid or to annul the bidding process any time without any liability or any obligation for such rejection or annulment, without assigning any reason thereof. Kanpur Municipal Corporation-Kanpur will not be responsible for any delay or loss or non-receipt of the bid document sent by post / courier.

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Municipal Commissioner Kanpur Municipal Corporation

Name of the work:

“Design, supply, installation, testing & commissioning & replacement of existing luminaries of Energy Efficient LED street light system complete with lamp, luminaries, & fittings.”

1.0 Background

a) To promote the efficient use of energy and its conservation, Govt. of India enacted the Energy Conservation Act, 2001 and subsequently Bureau of Energy Efficiency(BEE), was established in 2002 by Govt. of India.

b) Kanpur Municipal Corporation-Kanpur, is wanting to implement energy efficiency in the street light system and wants a to install 40 Watt LED Street Lights at 1100 points . c) Company should conduct the site visit and do testing of samples before the bidding and provide accurate details on the Energy consumption for the light along with report on LUX , LUMENS , POWER FACTOR , CRI and the same should be taken as a benchmark for the bid. d) All the lamps being tested should be duly certified by CPRI/ERTL or India Solar Centre as per the guidelines of MNRE ( for Solar LED Lights )

e) The work shall be commenced on or before the end of thirty days from the date of Agreement and agreement will be carried out within 10 days from the date of work order. The period of completion of work including installation, testing and conducting the feasibility study shall be three months which will be reckoned from thirty days after the date of agreement

2.0 Eligible Bidders

a) The bidder may be any Manufacturer , authorized dealer , system integrator or ESCO Company or body corporate or association or body of individuals, whether incorporated or not or artificial juridical person or a group of Companies, coming together to bring in the requisite technical and financial capabilities to implement the Project (hereinafter referred to as ―Consortium). The term Bidder used hereinafter would therefore apply to both a single entity and a Consortium. And the bidder shall consist of either a manufacturer or a distributor or a dealer of LED Lights; and the bidder should have accomplished minimum of one LED Street Lighting project of more than 500 lights , should have certificate from the Municipality / Municipal Corporation on the confirmation of Supply & Energy Savings and should also posses proof of receipt of payments from the municipality / municipal corporation against products supplied and the energy savings share and its satisfactory working.

b) Upon award of a work to a Bidder (Company, Firm or Consortium), the work shall be implemented only by the Bidder

c) The Bidder should submit a Power of Attorney as per the format enclosed at Appendix 1 authorizing the signatory of the Bid

d) In case of a Bid by a Consortium all members of the Consortium shall be collectively evaluated for the technical stage.

e) The Bidder would designate and authorize one of its members as the Lead Member to act on behalf of the Bidder, in the case of consortium.

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f) The Lead Member of a Consortium would be responsible for implementing the project at all times starting from the signing

of the Implementation Agreement and until the work is fully commissioned.

g) An entity may choose to apply for the execution of the work as a member of more than one Consortium, except the Lead

Member. The Lead Member can be member only in one consortium.

h) Each Consortium would be deemed as a separate Bidder, if there is any difference in the composition of the consortium or

the roles/ responsibilities of the respective members.

i) The Lead member will be responsible for entering into all agreements / commitments with Kanpur Municipal Corporation –

Kanpur, pertaining to the award of the project.

j) The Consortium will not be permitted to change its lead member either at the bidding stage or during implementation till

the completion of the project.

k) Wherever required, the Proposal shall contain the information required for each of the members of the Consortium.

l) The members of the Consortium shall furnish a Power of Attorney for designating the Lead Member duly signed by

authorized representative(s) of the members as per the format in Appendix 2. The Lead Member should be the same as

indicated in the Bid.

m) The Consortium shall submit a Memorandum of Understanding (MOU) as part of its Bid document with the following

details:

i. State that the members of the Consortium will agree upon and form, a consortium to implement

the Project awarded to the Consortium prior to signing of the Agreement.

ii. Clearly outline the proposed roles and responsibilities of each member of the Consortium

iii. Include a statement to the effect that all members of the Consortium shall be liable jointly and

severally for the implementation of the Project in accordance with the terms of the Agreement

iv. Convey the intent of the concerned Consortium Members to enter into suitable Agreements for

carry out all the responsibilities of the Successful Bidder in terms of the Agreement in case of

Project/s is/are awarded to the Consortium,

v. Clearly refer to the work for which arrangement is proposed

vi. Upon award of a Project to a Consortium, prior to signing of the Agreement its members shall

form Technical Service Agreement with the Lead member of the Consortium, thereby binding

the respective members to their technical/financial commitments towards the Project.

vii. A copy of the MoU should be submitted as part of the bid. The MoU entered into between the

members of the Consortium should be specific to the work and should contain the above

requirements, failing which the Bid would be liable to be considered non-responsive. Change in

Composition of the Consortium will not be permitted after the submission of the bid document.

viii. Bidder will have to submit a sample of the product along with the bid on 18/03/2010.

3. 0 Technical Specification

3.1 LED Light Fitting shall meet the following parameters, quantity about 1100 numbers for each category conforming to

meet the illumination standards and requirement and certification from CPRI/ERTL or India Solar Centre :

Supply Source 85 volt-265 volt AC

Frequency 50 Hz +/- allowable tolerance

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Expected Luminous Efficacy 100 lumens/watt

Output lux 25(Avg.) at ground level

Usage hours 12 hrs per day

Power Consumption Unique to each category

Electrical Connector Lead Wire with sufficient length and size and

insulation/sheathing.

Power Factor 0.9 (min) Lag

Life expectancy About 50,000 glow hours

Control Circuit: Constant Voltage & Constant Current

Casing Material Water Proof, UV stabilized reinforced, Plastic or treated

plastic with IP65

Total Harmonic Distortion 5%max

Physical Dimensions 4.0. Details on bid submission

The Bid shall be submitted in two parts, viz. Envelop I: ―Technical Bid; Envelop II: ―Financial Bid; and both the Envelops I & II to be placed and sealed inside Envelope III

4.1 Envelop I: shall be super scribed as: Bid No. xxxxxxxxxxx: TECHNICAL BID: “Earnest Money and Technical details and documents for Design, Supply, Installation, and Testing & Commissioning of 1100 numbers of 40 Watt LED based Street lighting system at Kanpur Municipal Corporation-Kanpur

Technical bid shall contain: i. Power of Attorney as per Appendix 1 authorizing the signatory of the bid

ii. Power of Attorney as per Appendix 2 for designating lead member of the consortium

iii. Covering letter duly signed by the authorized signatory and stamped in the letter head of the bidder as per the Appendix 3

iv. Anti-Collusion Certificate as per Appendix 4

v. Earnest Money Deposit of 1,50,000/- Lacs in the form of Demand Draft drawn in favour of Commissioner, Kanpur Municipal Corporation-Kanpur payable at Kanpur. The details of EMD shall be filled in as per Appendix 5

vi. Guaranteed technical particulars of LED, Lamp, Luminaire, etc. as per Appendix 6

vii. The bidder shall submit duly signed Agreement in Stamp paper as per Appendix 7 by the authorized authority

viii. Printed catalogue and technical specification/ literature

Page 6 of 33

ix. Preliminary lighting design scheme, indicating maximum, minimum, average illumination levels complying with standard along with certifications.

x. The bid documents duly signed by authorized signatory in each page and stamped.

xi. Declaration duly signed by signatory of the bidder in the official letter head stating that that “bidder has understood the scope of work and site conditions and carried out necessary site visits and completely comprehended the geographical aspects, works, land use aspects and all normal and specific quality, safety, health and environment requirement and have sufficient resources such as qualified and experienced man power , material and equipments/instruments to carry out the scope of work. “

xii. Memorandum of Understanding ( MoU) between bidder and Subcontractor(s) and/or consultant(s) and/or dealer, distributor or manufacturer of LED Lights as the case be, clearly showing portion of work, in physical and financial terms, intended under for subcontract(s) and/or consultancy, in the bidders letter head jointly signed and stamped by bidder as well as Subcontractor(s) and/or consultant(s), as detailed in Para 2.0(m) above

xiii. Project Schedule with activity and duration to accomplish the task within the scheduled project duration. Minimum work breakdown that shall be shown comprise of demo installation, design, design submission for approval, procurement, fabrication, delivery, civil works, electrical works, erection, testing & commissioning , as-built drawings and turn-over documentation.

xiv. Proof that bidder is either a manufacturer or authorized dealers/distributer of LED Lamps; and if it is a consortium specifically made for this project the consortium consists a manufacturer or authorized dealers/distributer of LED Lamps and submit formal Memorandum of Understanding (MoU) of such consortium and manufacturer or authorized dealers/distributer of LED Lamps . Certifications or registrations for lED based Street Lights with Government Organizations .

xv. Submit proof that the bidder have accomplished minimum of one Street lighting based supply project of at least 500 LED lights and ESCO project of at least 1/2 MW , certificate for the same and proof of payments received against the product / energy savings .

xvi. Quality and safety policy of the bidder

xvii. Key personnel from design through commissioning, service back-up during warranty period, spares and lamps availability after warranty period, details of long term annual maintenance contract, any other energy saving controls etc.

xviii. A brief description of the organization and an outline of recent experience on assignments of a similar nature. For each assignment, the outline should indicate, inter alia the profiles and names of the staff provided, duration of the assignment, contract amount, and bidder‘s involvement.

xix. Bidder must submit a company profile of the LED manufacturing activities, understanding of Photometry and LED Technology. Bidder must submit manufacturing system, process and final inspection system .:

xx. The Bidder must submit a basic note with supporting document on: Company‘s experience in ESCO Companies Experience IN LED Street Light manufacturing along with Purchase Orders Maintenance and product replace ability features.

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4.2 Envelop II : shall be super scribed as:

“Bid No. : xxxxxxxx: “Price Bids for Design, Supply, Installation, Testing & Commissioning of 1100 numbers of 40 Watt LED based Street lighting system at Kanpur Municipal Corporation, Kanpur”.

Financial bid shall contain only the duly filled in Price Bid Format as per Appendix 8 duly signed and stamped by signatory and Covering letter duly signed by the authorized signatory and stamped in the letter head of the bidder. The price shall be quoted in figure as well as in words. This envelop should be sealed and stamped.

4.3 Envelop III: shall be super scribed as:

Bid No. : xxxxxxxxxxx: Technical & Price Bids for Design, Supply, Installation, Testing & Commissioning of 1100 numbers of 40 Watt LED based Street lighting system at Kanpur Municipal Corporation, Kanpur”. Envelope III shall contain sealed Envelops I & II. This envelop should be sealed and stamped and address marked as:

The Municipal Commissioner Kanpur Municipal Corporation,Motijheel Kanpur

5.0. Specific Instruction to Bidders

5.1 Late submissions or incomplete bids shall be rejected

5.2. The Bid without Earnest Money Deposit shall be rejected.

5.3 Each Bidder should submit only one (1) bid. Any Bidder or Lead Member of a Consortium, which submits or participates in more than one bider the work would be disqualified and would also cause the disqualification of the Consortium in which it is a member.

5.4 The Bidder shall be responsible for all the costs associated with the preparation of its bid and its participation in the bidding process. Kanpur Municipal Corporation-Kanpur will not be responsible or in any way be liable for such costs, regardless of the conduct or outcome of the Proposal.

5.5 The bidders should carry out the complete scope of work in its entirety.

5.6 Prior to commencement of design the successful bidder shall provide proposed LED lamp and luminaries’ on atleast 10 pole as demonstration to prove the suitability of the fittings matching with the requirement in regards to lux level, quality of illumination for professional, objective & impartial review jointly by the bidders team along with team of professionals of Kanpur Municipal Corporation-Kanpur; representatives of BEE, Utility, Corporation, PWD , Traffic Department, Electrical Inspectorate or

members of a specific Committee formed for the same may also witness and review the same. This shall be carried out within two weeks from the date of issue of work order and prior to submission of detail design package for approval.

5.7 Successful bidder shall submit complete printed catalogue and technical specification/ literature and test certificate from approved/ ERTL/CPRI/INDIA SOLAR CENTRE lab

5.8 While preparing the technical proposal, Bidders must give particular attention to the following: a) The P/N junction temperature of individual LED must not exceed 60ºC.

b) High Thermal conduction must be achieved

c) Luminaire must be constructed with high corrosion proof, powder coated or anodized aluminum extracted aluminum sheet or bars.

d) LED must be mounted on heat sinking conductive bars with suitable large area surface by means of fins to dissipate the conduct heat. The fins must be exposed to ambient flowing air.

f) The electrical component of the LED and LED driver must be suitably enclosed in hermetically sealed unit.

g) There should be sufficient inventory of LED lamps, so that the defective lamps can be replaced immediately.

5.9 The bidder shall have to obtain formal approvals and permit / certification from the Electricity Board, Electrical Inspectorate and/or any statutory authority or officers of Government after depositing the requisite fee and details, forms/formats ,if any and shall have to manage to energize the installation complying all formal procedures. Also, necessary passes, permits, clearances from Corporation, Electricity Board, Traffic department, adhering to safety, environmental, health standards, other statutory agencies, in its entirety shall be the responsibility of the successful bidder for smooth conduct of the project. All such documents, permits, passes, approvals etc. shall be well documented and archived for reference and records at site office

5.10 The Technical proposal shall not include “Financial Bid”.

5.11 Validity The bidder shall specifically mention the period of validity of the Bid. The period validity shall not be less than 90 days as specified in the Last date of submission of Bids, and extendable, if required and sought by Kanpur Municipal Corporation-Kanpur, subjected to confirmation of bidder. If any bidder withdraws his Bid before the said period or makes any modifications in the terms or conditions of Bid which are not acceptable, then the Kanpur Municipal Corporation-Kanpur shall without prejudice to any other rights or remedies shall forfeit the said amount of earnest money.

5.13 Price

a) The price quoted shall be fixed and firm and not subjected to any escalation or variation. The price should be inclusive of all duties & taxes.

b)Municipal Commissioner, Kanpur Municipal Corporation-Kanpur reserves the right to add/delete the final quantity at the units rate quoted by the bidder

c) The bidder shall acquaint with the work and working conditions at site and locality. No claim shall be entertained on this issue after the bid has been submitted.

d) All or any accessories/consumables/items required for satisfactory commissioning of the work shall be deemed to be included in the contract and shall be provided by the bidder without extra charges .

5.14 Pre-Bid Meeting

a) To clarify and discuss issues with respect to this Bid document and agreements Kanpur Municipal Corporation-Kanpur may hold Pre-Bid meeting on 26-02-10. Prior to the Pre-bid meeting, the Bidders may submit a list of queries and propose deviations, if any, to the bid document to the Municipal Commissioner, Kanpur Municipal Corporation-Kanpur. Bidders must formulate their queries as per Appendix 9 and forward the same to Commissioner prior to the meeting. Kanpur Municipal Corporation-Kanpur may, at its sole discretion or based on inputs provided by Bidders that it considers acceptable, have the right to amend the Bid documents. Bidders may note that Kanpur Municipal Corporation-Kanpur will not entertain any deviations to the Bid document at the time of submission of the bid or thereafter.

b) The Offer to be submitted by the Bidders shall be unconditional and the Bidder should be deemed to have accepted the terms and conditions of the bid documents with all its contents including the Agreement. Any conditional bid shall be regarded as non-responsive and liable to be rejected. Kanpur Municipal Corporation-Kanpur will endeavor to hold the pre-bid meeting as per time Schedule. The details of the meeting may be separately communicated to the Bidders. Attendance of the Bidders at the Pre- bid meeting is not mandatory. However, subsequent to the meeting, Kanpur Municipal Corporation-Kanpur shall not respond to queries from any Bidder. All correspondence / enquiries shall be submitted to the following in writing by fax/ registered post / courier: to the

Municipal Commissioner, Kanpur Municipal Corporation

c) No interpretation, revision, or other communication from Kanpur Municipal Corporation-Kanpur regarding this solicitation is valid unless it is in writing and is signed by Commissioner, Kanpur Municipal Corporation-Kanpur. Kanpur Municipal Corporation-Kanpur choose to send to all the Bidders, written copies of Kanpur Municipal Corporation-Kanpur‘s responses, including a description of the enquiry, without identifying its source, to all the Bidders.

5.15. Penalty/damages for delay in delivery :- If the bidder fails to deliver the material/equipment/any deliverable including design package, drawings, other documentations within the stipulated delivery period of the purchase order/contract, the same is liable to be rejected and if accepted, the bidder shall be liable to pay as penalty charges a sum of 1% of the cost of undelivered/supplied/incomplete equipment work per week but not exceeding maximum limit of 5% of the cost of complete unit of undelivered equipment/work so delayed or part thereof.

5.16 Withdrawal/ Modification of the offer Earnest money shall be forfeited in case of withdrawal/modification of an offer within the validity period

5.17 Only authorized representative of the bidder with formal advance request and valid identity will be permitted for attending the bid opening or any discussions. A maximum of only two representatives from each bidder will be allowed.

5.18 No printed General Conditions of sale attached with the Bid shall be accepted.

5.19 The successful bidder, on the course of execution, shall produce invoice/gate pass of the manufacturer for major items of material to be installed against supply & erection of work for genuineness of the material. This is over and above factory inspections and test reports.

5.20 The bidder will be responsible to achieve the illumination standard, lux level, uniformity etc. in its entirety for the lighting system and all the testing equipment shall be arranged by the bidder at his own cost to check the same in the presence the representative of the Kanpur Municipal Corporation-Kanpur/BEE and/or Committee constituted for the purpose .

5.21 Alteration:- Kanpur Municipal Corporation-Kanpur reserves the right to waive off or to issue any amendments to the terms and provision of the work order/Purchase order as the emergency demands. All specifications and standards as applicable such as relevant I.S Code shall be followed Kanpur Municipal Corporation-Kanpur reserves the right to delete any item if the same is available in the store of Kanpur Municipal Corporation-Kanpur /UPSEB/any Government Departments.

5.22 The design shall comply with all statutory requirements, safety codes, regulating bodies, whether or not explicitly specified in this document. Any observations noticed shall immediately be brought to the notice of the department at the time of submission of Bid.

6.0 TEST CERTIFICATES AND INSTRUCTION BOOK ETC. The successful bidder shall furnish the soft copy and One set of hard copy well filed/bound, and indexed for easy and comprehensive reference following documents along with the consignment.

a) Printed Pamphlets, Catalogues, technical specifications, wiring diagrams, spare part catalogues, logic circuits, OEM and vendor/distributor/local dealer contact details:

b) Drawing of all the equipments, routing, installation, complete as-built drawings with section, elevation, plans etc drawn to scale to professional drafting standard, with tagging and id as given in the field

c) Any other relevant information to be incorporated at the time of placing the Purchase order.

d) The manufacturer/agency shall furnish the required inspection and test certificates along with consignment of material.

e) Type Test Certificate

f) Routine Test Certificate g) The successful bidder shall carry out necessary testing for the uniformity of lighting levels achieved on completion of the work and submit final lighting levels, in the presence of Kanpur Municipal Corporation-Kanpur / BEE/technical committee.

7.0 Guarantee All equipments and entire installation shall be guaranteed for a period of 5 years for years from the date of taking over the installation against performance, break design, workmanship, material. The equipments or components, or any part thereof, so found defective during guarantee period shall be forthwith repaired or replaced free of cost, to the satisfaction of the Kanpur Municipal Corporation-Kanpur/BEE/Official-in-charge /Technical Committee 8.0 Comprehensive Maintenance Contracts (CMC) The Bidder will maintain the complete system for 5 years with no additional cost.

a)The benchmarking of all items specifications used in the quoted LED fittings shall be done by experts from IIT Kanpur or HBTI at the expense of supplier. b) The Maintenance service shall include monthly examination of the installation during regular working hours by trained persons and shall include all necessary supplies and genuine standard parts to keep the lighting in proper working order. The call back should also be attended immediately.

9.0 Performance Security The bidder shall bound to submit a bank guarantee of 5% of contract value, valid for contract period from the date of work order as Performance Security. This bank guarantee shall be released after satisfactory completion of the project. The validity of the bank guarantee may be extended by the bidder to cover the total period or the bidder shall be required to submit the fresh bank guarantee of requisite amount. The format for performance security is given in Appendix 10

10.0 Jurisdiction All legal proceedings in connection with this contact shall be subject to the territorial of local civil courts at Kanpur, Utter Pradesh only.

11.0 Insurance Comprehension insurance cover for men, machinery, materials and all parts and third party damages/liabilities shall be arranged by the bidder for entire period of contract as well as during the maintenance period. The bidder shall make his own arrangement to receive and store the material at site. The settlement of claims with the insurance company, other authorities etc. for any loss/damage occurring during transit and storage at work site shall entirely be the responsibility of the bidder. In case bidder fails to provide such an insurance cover, the Kanpur Municipal Corporation-Kanpur would get the material insured at the cost of recoverable from bidder.

12.0 TERMS OF PAYMENTS a) 50% of the payment shall be released supply of material on pro- rata basis.

b) 30% of the payment shall be released after complete installation, testing & Commissioning and handing over.

c) Remaining 20% shall be released on completion of six months of guarantee period. This amount can be released against the bank guarantee of equal amount for a period of 6 months in favour of "The Municipal Commissioner- Kanpur Municipal Corporation-Kanpur. At this stage performance bank guarantee will be released.

d)The performance guarantee of 5% in the form of Bank guarantee will have to the submitted by the firm which will be released after the completion of 5 years.

13.0 Technical evaluations of the bids:- a) The Technical Evaluation of Bidders shall be carried out based on the capability to achieve the objective of the scope of work and energy efficient street lighting system based on LED , as detailed in the in this Bid.

b) Due weight-age will be given to experience in ESCO , energy efficiency, lumen efficacy, light power density in the design and design methodology and project management and technical aspects and professionalism

c) The Bidders a relevant experience for the assignment, for supply of LED Street Lights , ESCO project , Parameters specified in the specifications, track record in similar projects.

d) Also, the following may also be considered: i. The qualification of the key staff proposed. ii. Transfer of knowledge and training. iii. The proposal for CMC is optional for considering the weight age as the decision is vested with the Bid committee

e) Bidder are to submit bid documents page numbered and in hard bound form, failing which the bid will be summarily rejected.

f)Kanpur Municipal Corporation, Kanpur reserves the right to accept any or reject any or all bids in full or part including the lowest, without assigning any reasons thereof or incurring any liability thereby.

14.0 Financial Bid” of only technically qualified bidders shall be opened. 15 .0 The successful bidder shall be called upon to enter into an agreement on prescribed form, as shown in Appendix 11.

16.0. The bidder has to strictly follow the fair wage clause.17.0The Bidder has to complete as per Appendix 12,13&14.

APPENDIX 2

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF BID (On Stamp paper of adequate value)

POWER OF ATTORNEY

Know all men by these presents, We ……………………………………………….., do hereby constitute, appoint and authorize …………………. residing at …………………………………. who is presently employed with us and holding the position of ……………………… as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to, for taking up on work of Design, supply, installation, testing & commissioning of 1100 numbers of 40 Watt LED based Street lighting system complete with lamp, luminaries, fittings and warranty period obligations at Kanpur Municipal Corporation-Kanpur, including signing and submission of all documents and providing information/responses to Kanpur Municipal Corporation-Kanpur in all matters in connection with our offer for the work;

We do hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us.

Dated this the

For …………………… (Name and designation of the person(s) signing on behalf of the Lead Member)

Accepted By

Signature _______________________

………………………..(President)Name, Title and Address of the Attorney

Date: …………………….(contd.)

1 In case of partnership firm: name and address of principal office of the partnership firm to be provided

Note: To be executed by the Lead Member in case of a Consortium. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter - documents of the executants(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. Also, wherever required, the Bidder should submit for verification the extract of the charter - documents and documents such as a resolution/power of attorney in favour of the Person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder. In case the Bid is signed by an authorized Director/Partner or Proprietor of the Bidder, a certified copy of the appropriate resolution/ document conveying such authority may be enclosed in lieu of the Power of Attorney.

APPENDIX 2

FORMAT FOR POWER OF ATTORNEY FOR DESIGNATING LEADMEMBER OF CONSORTIUM

(On a Stamp Paper of adequate value)

POWER OF ATTORNEY

Whereas, the Energy Management Centre, Power Department, Government of Utter Pradesh “Kanpur Municipal Corporation-Kanpur” has invited offers from bidders for taking up on work of Design, supply, installation, testing & commissioning of 1100 numbers of 40 Watt LED based Street lighting system complete with lamp, luminaries & fittings and warranty period obligations at Kanpur Municipal Corporation-Kanpur.

Whereas, the Consortium consisting of M/s. ------, M/s. -------- and M/s. ---------- being one of the bidders is interested in bidding for the work and implementing the work in accordance with the terms and conditions of the Bid document and other connected documents in respect of the works, and Whereas, it is necessary under the Bid Document for the members of the Consortium to designate the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium‘s offer for the work who, acting jointly, would have all necessary power and authority to do all acts, deeds and things on behalf of the Consortium, as may be necessary in connection with the Consortium‘s Proposal/s for the following Project/s

NOW THIS POWER OF ATTORNEY WITNESSETH THAT; We, M/s. ——————————————, and M/s......................................... (the respective names and addresses of the registered office, in case of companies; principal office, in case of partnership firms; permanent residence, in case of sole proprietors and other individuals) do hereby designate M/s.....................................being one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium‘s offer for the Project/s, including submission of offer, participating in conferences, responding to queries, submission of information/ documents and generally to represent the Consortium in all its dealings with Kanpur Municipal Corporation-Kanpur, any other Government Agency or any person, in connection with the work until culmination of the process of bidding and thereafter till the Agreement is entered into with Kanpur Municipal Corporation-Kanpur. We hereby agree to ratify all acts, deeds and things lawfully done by the Lead Member and our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us/Consortium. Dated this the ......Day of .......2010....................................... (Executants)

(TO BE EXECUTED BY All THE MEMBERS OF THE CONSORTIUM)

Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure (for a body corporate).

APPENDIX 3

FORMAT FOR COVERING LETTER-CUM-WORK UNDERTAKING

(In bidders Letter head)

To

The Municipal Commissioner, Kanpur Municipal CorporationKanpur

Dear Sir,

Ref: Work of Design, supply, installation, testing & commissioning of 1100 numbers of 40 Watt LED based Street lighting system complete with lamp, luminaries, fittings and warranty period obligations at Kanpur Municipal Corporation-Kanpur.

Being duly authorized to represent and act on behalf of…(hereinafter referred to as “the Bidder”), and having reviewed and fully understood all of the information provided in the Bid document provided to us by Kanpur Municipal Corporation-Kanpur in respect of the captioned work, the undersigned hereby submits the offer in response to the Bid documents for your evaluation. Please find enclosed our Bid document in one (1) original and two (2) copies, with the details as per the requirements of the Bid document.

We confirm that our Proposal is valid for a period of 90 days from the due date of submission..

We also hereby agree and undertake that notwithstanding any qualifications or conditions, whether implied or otherwise, contained in our offer l we hereby represent and confirm that our offer is unqualified and unconditional in all respects and we agree to the terms of the proposed Agreement a draft of which also forms a part of the bid document provided to us.

.....................................................

Signature of the Authorized Person

....................................................

Name of the Authorized Person Date ……………………..

Note: On the Letterhead of the Bidder or Lead Member of Consortium (To be signed by the Lead Member in case of a Consortium).

APPENDIX 4

FORMAT FOR ANTI-COLLUSION CERTIFICATE

Anti-Collusion Certificate

We do hereby certify and confirm that in the preparation and submission of our offer (s) for the work of Design, supply, installation, testing & commissioning of 1100 numbers of 40 Watt LED based Street lighting system complete with lamp, luminaries, fittings and warranty period obligations at Kanpur Municipal Corporation-Kanpur, we have not acted in concert or in collusion with any other Bidder or other person(s) and also not done any act, deed or thing which is or could be regarded as anti-competitive and foul play.

We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to any person or agency in connection with the instant Proposal.

Dated this ..........................Day of ......................, 2010

.................................................... (Name of the Bidder1)

.................................................... (Signature of the Authorized Person)

.................................................... (Name of the Authorized Person)

Note: On the Letterhead of the Bidder. To be executed by all members in case of Consortium

1Names of all members in case of Consortium

APPENDIX 5

DETAILS AND MODE OF REMITTANCE OF EARNEST MONEY DEPOSIT

1. DD No. & Date

2. Name of Drawer Bank/Branch

3. DD Drawn in favour of

4. DD Amount (in figures and words)

5. Payable at

APPENDIX 6

GUARANTEED TECHNICAL PARTICULARS

S. No. Parameter Guaranteed Value

LED Operating Current

Output Luminous Flux

Beam Angle

Luminance

Photometric Curve

Material of Luminaries

Dimension

Weight

Conformity with IP-65 luminaries

LED Life

Attach pertinent technical certifications, literatures, catalogues etc. as required to substantiate the above, and List and index for comprehensive reference

APPENDIX 7

FORMAT OF AGREEMENT TO BE ATTACHED WITH BID DOCUMENT

(Agreement to be executed by the bidder and to accompany with the bid, in Utter Pradesh Government Stamp Paper to the Value of Rs.100/-)

Articles of agreement executed on this the…………………………day of…………………….two thousand……………….Between the KANPUR MUNICIPAL CORPORATION through……………………………………………………….here enter the designation of officer who has invited this tender) hereinafter referred to as “The KMC” of the one part and Shri …………………………………………. (here enter name and address of the bidder)…………………………………………………………(hereinafter referred to as “the bounden”) of the other part.

WHEREAS in response to the invitation for bid as per Notification No………………………….dated……………….and subsequent amendments thereto, the bounden has submitted to the KMC a bid for the ………………………………………specified therein subject to the terms and conditions contained in the said bid documents.

WHEREAS the bounden has also furnished a bank guarantee for Rs. ------------------or deposited with the KMC a sum of Rs…………………or furnished for a sum of Rs………..as EMD for execution of an agreement undertaking the due fulfillment of the contract in case his bid is accepted by the KMC.

NOW THESE PRESENTS WITNESS AND it is hereby mutually agreed as follows:

In case the bid submitted by the bounden is accepted by the KMC with or without modifications and the Contract for……………………………..is awarded to the bounden, the bounden shall within……………………………..days of acceptance of his bid execute an agreement with the KMC incorporating all the terms and conditions under which the KMC accepts his bid.

In case the bounden fails to execute the agreement as aforesaid incorporating the terms and conditions governing the contract the KMC shall have power and authority to recover from the bounden any loss or damages caused to the KMC by such breach as may be determined by the KMC , appropriating the moneys inclusive of EMD deposit or/any kind of security furnished by the bounden and if the money or security is found to be inadequate, the deficit amount may be recovered from the bounden and his properties movable and immovable and also in the manner hereinafter contained. The bounden will have no claim or right over the moneys and/or securities and EMD appropriated by the KMC and those moneys or/and securities shall belong to the KMC . All sums found due to the KMC under are by virtue of this agreement shall be recoverable from the bounden and his properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as those such sums are arrears of land revenue and also in such other manner as the KMC may deem fit.

In witness where of Shri……………………….(here enter name and (designation) for and on behalf of KMC and Shri……………………………the bounden have here unto set their names the day and year shown against their respective Signatures.

Signed by Shri………………………….(Date)

In the presence of witnesses:

1.

2.

Signed by Shri………………………….(Date}

In the presence of Witnesses:

1.

2.

APPENDIX- 8

PRICE BID FORMAT

Sl.No

Design, Supply, Erection, Testing, commissioning, documentation,

Rate, Rs. Unit Quantity

Amount, Rs(In Figures and Words)

and maintenance for 5 years obligations including taxes, duties complete

1 …….Watt LED Lamps, complete with fittings

2 …….Watt LED Lamps, complete with fittings .

3 …….Watt LED Lamps, complete with fittings

4 …….Watt LED Lamps, complete with fittings

5 …….Watt LED Lamps, complete with fittings

A. UNIT RATE

The unit rate may be considered for quantity variation, if any and the Rates quoted are subjected to negotiation and the consideration of the unit rates for bid evaluation is vested with the Bid committee

Activity Unit Rate (Rs.) (Unit rate includes Design, Supply, Installation, Testing & Commissioning, complete in all respects including documentation, warranty period obligation) upto 5 years.

1. LED Lamps with Fitting: Rs. ___________ each

2.

APPENDIX -9

PERFORMA FOR EXCEPTION & DEVIATIONS

(To be furnished on or before pre-bid meeting)

The Bidder is required to state clearly the list of Exceptions and Deviations, if any in the Performa given below.

Sl.No Description of Section of RFP

Clause No Exceptions & Deviations

Equivalent monitory Terms

Appendix – 10

FORMAT FOR PERFORMANCE SECURITY

(to be issued by any scheduled Bank of India in favor of the company on stamp paper of adequate value)

Bank Guarantee No................. Dated

This deed of guarantee executed by…………..(name of the Bank) having its registered office at…………and head office at ………..(place) and wherever the context so requires shall include its successors and assignees (herein after called “the surety / bank”) in favour of Kanpur Municipal Corporation-Kanpur and wherever the context so requires shall include its successors and assignees (herein after called “the Kanpur Municipal Corporation-Kanpur”)

Whereas, the KANPUR MUNICIPAL CORPORATION-KANPUR having agreed to exempt from payment of performance security in cash for due fulfillment of their offer to M/s……Company.……having its registered office at…………..and wherever the context so required include their successors or assignees (herein after called “Company”), who have awarded the work of Design, supply, installation, testing & commissioning of 1100 numbers of 40 Watt LED based Street lighting system complete with lamp, luminaries, fittings AND warranty period obligations at Kanpur Municipal Corporation-Kanpur and they have to submit the performance security @ 5% of contract value and the Company agreed to produce a security in the form of an unconditional and irrevocable bank guarantee equivalent to a sum of Rs. ……………(Rupees…………….only).

Now this deed witnessed that in consideration of the premises, we ------- (bank) hereby declare, undertake and agree as follows:

1. We……………….. (Bank) do hereby undertake to pay to Kanpur Municipal Corporation-Kanpur an amount not exceeding Rs……… (Rupees………… only), against breach by the said Company of any of the terms and / or conditions contained in the Bid document dated --------- and other prior / post communications (Herein after termed as “RFP and other communication”). The decision of the KANPUR MUNICIPAL CORPORATION-KANPUR as to any such breach having been committed and loss / damage caused or suffered shall be absolute and binding on us.

2. We…………………(name of bank) do hereby undertake without any reference to the Company or any other person and irrespective of the fact whether any dispute is pending between Government and the Company before any Court or Tribunal or Arbitrator relating thereto pay the amount during and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss suffered by reason of any breach by the said company of any of the terms and conditions contained in the said Bid and other communications or by reason of the said Company‘s failure to perform the covenant of the same. Any such demand made on the bank shall be conclusive, absolute and unequivocal as regards the amount due and payable by the bank under this guarantee. However, the bank‘s liability under this guarantee shall be restricted to an amount not exceeding Rs…… (Rupees ……..only).

3. We…………….. (bank) further agree that the guarantee herein contained shall remain in full force and effect for a period of …….. months from (date) or for such extended period as may be mutually agreed between the KANPUR MUNICIPAL CORPORATION-KANPUR and the Contractor and shall continue to be enforceable till all amounts under the guarantee are paid.

4. In order to give full effect to the guarantee herein contained, the KANPUR MUNICIPAL CORPORATION-KANPUR shall be entitled to act as if we (bank) are your principal debtor in respect of all your claims against the company hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights or surety ship and other rights, if any, which are in any way inconsistent with the above or any other provision of this guarantee. The banker‘s guarantee to pay hereunder will not be determined or affected by your proceeding against the Company and the bank will be liable to pay the said sum as and when demanded by you merely on first demand being made on the bank by you even before any legal or other proceedings are taken against the company. Any letter of demand delivered at the bank‘s above branch / branch in India or other

branch office under the seal of the Municipal Commissioner, KANPUR MUNICIPAL CORPORATION-KANPUR, shall be deemed to be sufficient under this guarantee.

5. We…………(bank) further agree that the KANPUR MUNICIPAL CORPORATION-KANPUR shall have the fullest liberty without our consent and without affecting in any manner our obligations here under to vary any of the terms and conditions to extend time of performance by the said company from time to time or to postpone for any time or from time to time any or the power exercisable by the KANPUR MUNICIPAL CORPORATION-KANPUR against the said Company and forbear or enforce any of the terms and conditions; and we shall not be relieved from our liability by reason of any such variation of execution being granted to the said bidder or for any of the forbearance, acts or omission on the path of the Board, or any indulgence by the KANPUR MUNICIPAL CORPORATION-KANPUR to the said Company or any such matter or things what so ever which under the law relating to the sureties would but for this provision, have effect of being relieved.

6. This guarantee herein contained would come into force from the date of issue and would not be affected by any change in the constitution of the Company or ourselves or liquidation or winding up or dissolution or insolvency of the Company, nor shall it be affected by any change in the KANPUR MUNICIPAL CORPORATION-KANPUR ‘s constitution or by any amalgamation or any absorption thereof or herewith, but shall ensure for and be available to and enforceable by the absorbing or amalgamated KANPUR MUNICIPAL CORPORATION-KANPUR or concern till the payment of the amount not exceeding Rs…….only made by the Bank.

7. This guarantee shall not be discharged / vitiated or affected if the KANPUR MUNICIPAL CORPORATION-KANPUR holds/obtains any other security/guarantee/ promissory note from any person and or the Company and this guarantee shall be in addition to any such guarantees.

8. We,……..(Name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the KANPUR MUNICIPAL CORPORATION-KANPUR in writing.

9. For the purpose of enforcing legal rights in respect of this guarantee, Courts in the State of Kerala alone shall have jurisdiction.

10. The Bank has powers to issue this guarantee in favour of the KANPUR MUNICIPAL CORPORATION-KANPUR and the undersigned has full powers to do so under power of Attorney dated….. granted to him by the Bank.

In Witnessed, whereof the Bank has set its hands hereunto on the day, month and year first here in above written.

Signed and delivered by the hand of Shri ________ its authorized signatory.

APPENDIX 11

FORM OF AGREEMENT (IN STAMP PAPER)

Article of Agreement No……………………………………..….…………………made the……………………………..….Day of…………………….200… between

Shri……………………………………………………………………………. (here enter name, designation and address of agreement authority) acting for an on behalf of the KANPUR MUNICIPAL CORPORATION-KANPUR (herein after called the “KMC ”) of the one part and Shri………………of……………………………and Company Limited incorporated under the………………………and having its registered office at…………………….(hereinafter called the Contractor) on the other. WHEREAS the KMC is taking up the work of……………..in connection with the……………………project.

AND WHEREAS the KMC is desirous of starting the actual work of the………….…at an early date for the benefit of the people AND WHEREAS the KMC has invited tenders for the work of ……………………AND WHEREAS the Contractor has tendered for …………………………………………work as per specifications, drawings and conditions mentioned herein after and appended to this.

AND WHEREAS KMC has been pleased to accept the bid for ……. without any modification/with the modifications incorporated as annexure.

AND WHEREAS the Contractor has furnished Performance guarantee/ Bank Guarantee No …………………..Dated…………………..for sum of Rs…….……….for the proper performance and the completion of the contract in every aspect, Now these presents witness and it is hereby mutually agreed as follows.

In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the conditions of contract herein after referred to.

ARTICLE 1 – SCOPE OF WORK

The Contractor shall perform everything required to be performed for the execution of …………………………………….project as described in and could be gathered from the documents appended herewith so that they will be finished in complete form as possible. He shall provide and furnish all labor, materials, tools, plant and equipments, design, manufacturing and supply of mechanical and electro mechanical equipments and incur all other expenses required to perform the work except to the extent provided in the attached documents and he shall complete every item of work in workman like manner complete in every respect strictly in accordance with drawings, specifications and conditions of contract as finally agreed to.

ARTICLE II - PAYMENT In consideration of what the Contractor does under the provisions of this contract, strictly in accordance with the terms thereof the KMC agrees to pay the Contractor in Indian currency for the work as shown in the work order which includes all the items of work contemplated under the agreement at payment conditions mentioned therein.

ARTICLE III- COMMENCEMENT AND COMPLETION The date of commencement of work under this contract shall be 15 days from the date of award of Contract and shall be diligently prosecuted until it is complete in every respect. It shall be made ready to be taken over by the agreement authority on or before……………………………………………………….

ARTICLE IV-COMPONENT PARTS OF THE AGREEMENT

The Contract documents among other things consist of this agreement on stamp paper. Bid document consisting of

Volume I - Bid Document

Volume II - Appendix of Technical particulars and prices submitted by bidder

Volume III -Project Profile and Drawings submitted by Contractor and approved by KMC Corrections and amendments to the specifications and conditions of contract included in the above volume.

Annexure, if any, to the above volume containing the change in specification and conditions of contract arrived at after mutual negotiations before awarding the work.

Schedule of prices as finally accepted. Approved Construction Programme.

ARTICLE V-ON ANNEXURE In case of modifications, if any, an annexure containing all modifications agreed to alone will be appended and not the intervening correspondence between the parties and all such correspondence including bid forwarding letters will be inoperative.

ARTICLE VI – RATES TO HOLD GOOD IN CASE THE PERIOD OF THE CONTRACT IS EXTENDED: The rate/rates quoted by the Contractor in Schedule of items and accepted by the KMC shall hold good for all works done towards the completion of the contract whether during the period mentioned herein or during the extended period, if any. No revision of rates for the works shall be allowed on any ground or on any reason.

ARTICLE VII- SERVICE OF NOTICE:

Every notice to be given to the contractor may be given to him personally or left at his residence or last known place of abode or business or handed over to his agent, personally or may be addressed to the Contractor by post at his usual or last known place of abode of business and is so addressed and posted shall be deemed to have been served on the contractor on the date on which in the ordinary course of post, a letter so addressed and posted would reach his place of abode of business.

ARTICLE VIII-ASSIGNMENT AND SUBLETTING:

The Contractor shall not assign or make over the contract or the benefits or burdens there of any part thereof to any other person or persons or body corporate. The Contractor shall not underlet or sublet to any person or persons body corporate the execution of the contract or any part thereof without the consent, in writing, of the KMC . If the contractor intends to sublet the work to a sub contractor, the contractor shall furnish the details pertaining to the competency of the sub contractor for the execution of the work along with the Pre-qualification bid. The competency of the sub- contractor will also be a deciding factor in evaluating the pre-qualification bid. The KMC shall have absolute power to refuse such consent or rescind such concept (if given} at any time, if they are not satisfied with the manner in which the contract is being executed and no allowance or compensation shall be made to the contractor or the sub contractor upon such rescission, provided always that is such consent be given at any time the Contractor shall not be relieved from any obligation, duty or responsibility under this contract.

ARTICLE IX- INSOLVENCY OR LIQUIDATION:

In case the Contractor becomes insolvent or goes in to liquidation or makes or proposes to make any assignment for the benefit of his creditors or proposes any composition with his creditors for the settlement of his debts or carries on his business or the contract under inspection on behalf of his creditors or in case any orders for the administration of his estate are made against him, or in case any orders for the administration of his estate are made against him, or in case the Contractor shall commit any act of insolvency or in case in which, under any clause or clauses of this

contract the Contractor shall have rendered himself liable to damages amounting to the whole of his security deposit, the Contract be determined and the agreement authority may complete the contract in such time and manner by any such person as the KMC shall think fit. But such termination of the contract shall be without any prejudice to any right of remedy of the KMC against the contractor or his sureties in respect of any breach of contract committed by the Contractor.

ARTICLE X- BREACH OF CONTRACT:

If the Contractor commits breach of all or any of the terms or any of the terms or Conditions of Contract the KMC shall be entitled to recover from the Contractor all damages it might suffer there by. The amount thus due could be recovered from the Contractor in any manner the KMC chooses including recovery by Revenue Recovery Proceedings.

ARTICLE XI - PERFORMANCE SECURITY:

During the performance guarantee period of ……. years from the date of taking over by the KMC, the contractor shall repair at free of charge , any accessory transported or installed by the contractor which fails or proves unsatisfactory under normal operations due to his faulty material handling or workmanship. The Contractor shall bound to submit a bank guarantee of 5% contract value for a period of one year from the date of work order and execution of agreement. However during the security period, if the contractor fails to rectify the defects if any, in reasonable time. In case the contractor does not respond after the reasonable time, the work will be arranged through a separate agency and the additional expense incurred will also be recovered from the amount kept for ensuring performance guarantee in addition to the penalty. On the expiry of the guarantee period, the amount kept for ensuring performance guarantee will be released after deducting the amount as above, if any.

ARTICLE XII - RELEASE OF PERFORMANCE SECURITY AND RETENTION /BANK GUARANTEE:

The Performance Guarantee and Retention/Bank Guarantee furnished by the Contractor will be released only after ………. from the date of taking over of the project and the Agreement Authority certifies that the Contractor has performed the contract in a full, complete and satisfactory manner.

ARTICLE XIII

The Contractor hereby agrees to extent the period of validity of Bank Guarantee furnished by him towards Performance Guarantee under this contract till such an extension is not required by the agreement.

In witness where of the parties here to have here unto set their hands the day and year first above written, Signed, sealed and delivered………………… (agreement authority) on behalf of the KANPUR MUNICIPAL CORPORATION-KANPUR.

Agreement Authority

In the presence of:

Full name,

address and Signature Full name,

address and Signature Signed, sealed and delivered by……………………………………… Contractor.

In the presence of:

Full name,

address and Signature Full name,

address and Signature.

Appendix 12

PERFORMA- - GENERAL DETAILS OF BIDDER

(This is a very important data as far as Technical Evaluation is concerned; attach copy of necessary registration, certifications , and documentation in support of details furnished and index them to the item specified below, very comprehensively)

1 NAME OF THE WORK:

2 Name of Company /Firm:

3 State the structure of the bidder‘s organization( bidder has to indicate as appropriate ):

Individual Company ( Partnership Firm/Pvt.Ltd/ Public Ltd) Joint Venture Consortium

Note: Attach copy of the registration of the firm/company 4 Individual bidder company or lead member ( in case of JV/Consortium) to provide this

information:1. Name of Company/Firm2. 2. Individual bidder company/lead member of JV/consortium 3. Legal Status of Company 4. Registered address5. Principal place of business 6. Whether wholly owned Subsidiary or foreign company: Yes/ No 7. Name and address of Principal/Parent Company (if applicable) 8. Name of contact person 9. Contact person designation: 10. Address ,telephone and fax number, e mail address of contact person

5 For bidders who are in Joint Venture/ Consortium .State the following information for other members of JV/Consortium ( include additional sheet if required) 1. Name of Company /Firm 2. Registered Address 3. Principal place of business 4. Whether wholly own subsidiary or foreign company : Yes/No 5. Name and address of Principal /Parent Company ( if applicable) 6. Name of the Contact person 7. Contact person‘s designation 8. Address, telephone, and facsimile number, email address of contact person

6 Does bid contain the power of attorney which empowers the person or persons to sign the letter of application?

7 State the number of years the bidder (or each constituent member of JV / Consortium) has been in business under the business name appearing in the question 4 or 5 above?

8 State the number of years the bidder (or each constituent member of JV/Consortium) has been in business undertaking work of similar in scope and nature of work?

9 Whether the Bidder (or each constituent member of the JV/Consortium) has constructed LED based street? If so, details thereof.

Appendix 13

COMPANY/FIRM’S EXPERIENCE LIST OF SIMILAR WORKS EXECUTED IN

LAST FIVE YEARS

Name of Company/Firm:

Sl No: NAME OF THE WORK

Client Name, telephone/fax no:,& e -mail

Date of award and completion

Whether participated as individual firm or consortium , mention the lead member

Value of work done in Lakhs

Cost of work ( Rupees in Lakhs)

No: of Kilometers of Street lighting

Current status of project

Project Brief

1

2

3

4

5

Note:

The information to be given by individual bidder or each member of the JV/Consortium including lead member

Bidder must have accomplished minimum of one similar LED based street light project of Rs. 30 Lakhs value with in last three years.

Attach certified copies of work order and completion certificate for each work as documentary proof.

Appendix 14

DETAILS OF ESCO IN STREET LIGHTING WORK DONE

Sl No Name of Client with full address

Project details MW LOAD Period of Completion

Note:

The information to be given by individual bidder or each member of the JV/Consortium including lead member

Attach certified copies of work order