DEPARTMENT OF ENVIRONMENT GOVERNMENT OF TAMIL NADU Ground Floor, Panagal Buildings, No.1, Jeenis Road, Saidapet, Chennai – 600 015 Ph. No. 044-2433641 Fax: 044-2433 6594 e.mail: [email protected]Website: www.environment.tn.nic.in ======================================================================== R.C No. JDO/567/2016 dated 16 .09.2016 Sir, Sub: NAFCC – Protection of Vaan Island in Gulf of Mannar- Project titled “Management and rehabilitation of coastal habitats and biodiversity for Climate Change Adaptation and Sustainable Livelihood in Gulf of Mannar, Tamil Nadu, India” –“Coral Rehabilitation” - regarding. Xxx The Project on “Management and rehabilitation of coastal habitats and biodiversity for Climate Change Adaptation and Sustainable Livelihood in Gulf of Mannar, Tamil Nadu, India” has been approved by the Ministry of Environment, Forests and Climate Change, Government of India, under the Grants-in-Aid component of the National Adaptation Fund for Climate Change (NAFCC) and administrative approval has been issued. 2) “Coral Rehabilitation” under the project ““Management and rehabilitation of coastal habitats and biodiversity for Climate Change Adaptation and Sustainable Livelihood in Gulf of Mannar, Tamil Nadu”- Coral rehabilitation will be undertaken in 4 Km 2 degarded reef area (2 Km 2 in Vilanguchalli Island and 2 Km 2 in Kariachalli Island in Tuticorin coast of Gulf of Mannar) by following Low tech and low cost transplantation techniques. The standardized substrates for coral rehabilitation in Gulf of Mannar, the concrete frames [1m X 1m X 0.25m] shall be used for the stability and fast attachment of fragments on the substrate. 3) Accordingly, You are hereby invited to submit technical and financial proposals to carry out the above works viz., “Coral Rehabilitation”, which would be the basis for future negotiations and a contract between your firm and the Department of Environment, Chennai-15.
(i) The following documents are enclosed to enable you to submit your proposals.
a) Terms of reference (enclosed in the Annexure)
b) Supplementary information for consultants (enclosed in the Annexure)
The proposals shall be submitted in two parts viz. technical and financial (price) and
should follow the form given in the “Supplementary Information for Consultants”
(ii) The “TECHNICAL” and “FINANCIAL” proposals must be submitted in two separate
sealed envelopes (Both respectively marked in bold letters) following the formats/schedules
given in the supplementary information for consultants. The first envelope marked
“TECHNICAL PROPOSAL” should indicate the description of the firm/organization, general
experience in the field of assignment, the qualification and competency of the personnel
proposed for the assignment and the proposed work plan methodology and approach in response
to suggested terms of reference. The second envelope marked “FINANCIAL” should contain
the detailed price offer for the consultancy services.
(iii) You will provide detailed breakdown of costs and fees as follows:
i. - Cost for underwater survey for identification of coral rehabilitation sites
(degraded reef areas) in Vilanguchalli and Kariachalli Islands in Tuticorin coast of
Gulf of Mannar
ii. - Cost for production of 1,200 Nos. concrete substrates ([1m X 1m X 0.25m]
iii. - Cost for production 12,000 Nos. of cement slabs (20 cm x 15-cm x1.5 cm].
iv. - cost for deployment of substrates
v. - Cost for transplantation of 12,000 coral fragments on slabs and on the deployed
concrete frames
vi. - cost for monthly monitoring of rehabilitated sites
vii. - Cost for still and video documentation of entire course of work
viii. - remuneration of staff
- - reimbursable such as per diem, transportation etc.,
.03.
(iv) Both the sealed envelopes should be placed inside a sealed cover, which will be
received in this office upto 16.00hrs on 24.10.2016. The Department of Environment shall not
be responsible for any delay in transit.
4.OPENING OF PROPOSALS:
The proposals (first envelope containing technical proposal only) will be opened by the
Director of Environment, Chennai-15 or his authorized representative in his office at 16.30 hrs
on 24.10.2016 in the presence of such consultants or their authorized representative who may
choose to be present. It may please be noted that the second envelope containing the detailed
price offer will be opened only after the technical evaluation has been completed and the result
approved by the review committee.
5. EVALUATION:
(i) A two stage procedure will be adopted in evaluating the proposals with the technical
evaluation being completed prior to any financial proposal being opened. The technical proposals
will be evaluated using the following criteria:
a) - the consultants‟ relevant experience for the assignment
b) - the quality of the methodology (coral rehabilitation work standardized in Gulf of
Mannar, including substrate construction and transplantation, underwater
monitoring (monthly), methodology and protocol) proposed
c) - the qualification of the key staff proposed for the assignment
d) - Expertise and experience of key staff in SCUBA diving for the assignment
.4.
(ii) Curriculum vitae of the Senior Personnel to be deployed for the project should be
included in the proposal (in the format for sample curriculum vitae) for assessing the
qualifications and experience. These personnel will be rated in accordance with
- general qualifications
- adequacy for the project , these include education, training, length of experience on
similar fields, type of positions held, time spent with the firm
- at least 10 years of minimum experience in the relevant similar type of works / field
in the coral rehabilitation and monitoring since the proposed project site is falling in
the Gulf of Mannar Marine National Park, a Eco sensitive area;
(evidences for the experience should be produced)
- adequacy in specialized skills like SCUBA diving training, length of experience on
similar underwater fields, type of certifications hold (certification copies shall be
enclosed), time spent with firm
- work experience of the organization / personnel in similar work
(Copies of work order shall be enclosed)
- their language and experience in the Tamil Nadu region
- involvement in skills transfer programme and training ability
(iii) The consultants whose proposals did not meet the minimum qualifying mark or were
considered not responsive to the letter of invitation and terms of reference will be
notified indicating that their financial proposals will be returned unopened after
completing the selection process. Those consultants whose proposals are selected
will also be simultaneously notified indicating the date and time set for opening of
financial proposals.
.5.
(iv) The financial proposals shall be opened publicly in the presence of the consultants
representatives who choose to attend. The name of the consultant, the quality
scores and the proposed prices shall be read loud and recorded when the financial
proposals are opened. The minutes of the public opening will be prepared. The
evaluation committee will determine whether the financial proposals are completed
(i.e whether they have costed all items of the corresponding Technical proposals, if
not it will be cost by the department and added to the initial cost), correct any
computational errors. The evaluation shall include local taxes.
v) The evaluation criteria for the technical proposal will be as follows:
I) Specific experience of the consultants with reference
to the following assignment Points 40
(a) Firm‟s experience 30%
(b) Personnel 30%
(c) Adequacy for the project 40%
II) Quality of the methodology proposed 40
(a) Data collection 30%
(b) Data analysis 30%
(c) Generation of result 40%
III) Qualification and competence of the key staff
for the assignment 20
(a) General qualification 30%
(b) Adequacy for the project 60%
(c) Experience in the region & language 10%
---------
Total Points 100
---------
Minimum technical score required is 75 points.
.6.
vi) The lowest financial proposal (Fm) will be given a financial score (Sf) of 100 points.
The financial scores (Sf) of the other financial proposals will be computed as Sf=100 X Fm/F, in
which Sf is the financial score, Fm is the lowest price and F the price proposal under
consideration. Proposals will be ranked according to their combined technical (St) and financial
(Sf) scores using the weights,
(T=0.8 & P=0.2) S=St X T% + Sf X P%
vii) The firm achieving the highest combined technical/financial score will be invited for
negotiations.
viii) During negotiations, the consultant must be prepared to furnish the detailed cost
breakup and other clarifications to the proposals submitted by him, as may be required to
adjudge the reasonableness of his price proposals.
ix) Negotiations will commence with a discussion of your technical proposal, the proposed
methodology (work plan), staffing and any suggestion you may have made to improve the Terms
of Reference (ToR). Agreement must then be reached on the final ToR, the staffing and staff
members, logistics and reporting. Special attention will be paid to optimization of the required
outputs from the consultants and to define clearly the inputs required from the department to
ensure satisfactory implementation of the Assignment.
x) Changes agreed upon will then be reflected in the financial proposal, using proposed
unit rates.
xi) Having selected the consultant, the department expects to negotiate a contract on
the basis of the staff named in the proposal and prior to the contract negotiations, will require
assurance that these staff will be actually available. The client will not consider substituting
during the course of implementation except in cases of unexpected delay in the starting date or
incapacity by professional staff for reasons of health.
xii) The negotiations will be considered with a review of the draft form of contract. The
department and the consultant will finalize the contract to conclude negotiations.
.7.
xiii) If the negotiations with the consultant are successful, the award will be made to
him and all other consultants notified. If negotiations fail, and if it is concluded that a contract
with reasonable terms cannot be reached with the consultant, the consultant with second
highest combine score will be invited for negotiations. This process will be repeated till an
agreed contract is concluded.
xiv) Please note that the department is not bound to select any of the firms submitting
proposals. Further, as quality is the principal selection criteria, the department does not bind
itself by you to undertake this assignment.
xv) It is estimated that twelve months of services will be required for this project and
generally you should base your financial proposal on this figure. However, you should feel free
to submit an alternate proposal on the basis of time required by you to undertake the
assignment.
xvi) You are requested to hold your proposal valid for 90 days from the date of
submission without change of the personnel proposed for the assignment and your proposed
price. The department will make its best efforts to select a consultant firm within this period.
xvii) Please note that the cost of preparing the proposal and of negotiating a contract
including visits to the places of assignment, if any is not reimbursable as a direct cost of the
assignment.
xviii) Assuming that the contract can be satisfactorily concluded, you will be expected to
take up/commence the assignment immediately and you have to furnish a irrecoverable bank
guarantee and shall be valid for the contract period, to the extent of mobilization advance to
be fixed.
xix) We wish to remind you that any manufacturing or construction firm with which you
might be associated with, will not be eligible to participate in bidding for any goods or works
resulting from or associated with the project of which this consulting assignment forms a part.
.8.
xx) Please note that if you consider that your firm does not have all the expertise for
the assignment, there is no objection to your firm associating with another firm to enable a full
range of expertise to be presented. However, joint ventures between firms on the shortlist are
not permitted except with the prior approval of the department. The request for a joint
venture should be accompanied with full details of the proposed associates.
xxi) Please note that the remuneration, which you receive from this contract, will be
subject to normal tax liability in India. Kindly contact the tax authorities for further
information in this regard if required.
xxii) We would appreciate your participation in the execution of above work.
xxiii) The hard copies of the tender documents shall be obtained from the Department
of Environment on the payment of Rs.1000/- (rupees one thousand only) plus 5% VAT on any
working day during officer hours upto 21.10.2016.
Director of Environment
Encl:
1. Terms of reference,
2. Supplementary information
.09.
SUPPLEMENTARY INFORMATION FOR CONSULTANTS
A – TECHNICAL PROPOSAL
Proposals should indicate the following information
1. A brief description of the firm/organization and an outline of recent experience on
assignments/projects of similar nature executed during the last three years in the
format given in Form-B
2. Any comments or suggestions of the consultant on the Terms of Reference
3. A description of the manner in which consultant would plan to execute the work. Work
plan time schedule in Form-C and approach or methodology proposed for carrying out the
required work.
4. The composition of the team personnel which the consultant proposes to provided and
the tasks that would be assigned to each member in Form-D
5. The Curriculum vitae of the individual key staff members to be assigned to the work and
of the team leader who would be responsible for supervision of the team. The
Curriculum vitae should follow the attached From-E duly signed by the concerned
personnel.
6. The consultant‟s comments, if any, on the date, services and facilities to be provided by
the line departments or any other agencies concerned as per the terms of reference.
B-FINANCIAL PROPOSALS
Proposals should indicate the following information
1. Schedule of price bid in Form-F with cost breakup
2. Work programme and time schedule for key personnel in Form-G
A review committee consisting of the following officers will review all the reports of the
consultant. Additional experts will be included if necessary.
1. The Additional Director, Department of Environment, Chennai-15
2. The Executive Engineer, EMAT, Chennai-15
3. The Assistant Conservator of Forests (Green Squad),
Department of Environment, Chennai-15
.10.
FORM-A
From To
The Director,
Department of Environment,
Ground Floor, Panagal Buildings,
Saidapet, Chennai – 600 015
Sir,
Sub: Consultancy Services – “Coral Rehabilitation” under the project “Management and
rehabilitation of coastal habitats and biodiversity for Climate Change Adaptation
and Sustainable Livelihood in Gulf of Mannar, Tamil Nadu, India” – Submission of
Technical/Financial Proposals
Ref: Your letter no.P1/567/2016 dated .09.2016
xxxxx
I/We……………………………………………. (organization) herewith enclose Technical and
Financial proposals for selection of our firm as consultant for the preparation of a
Comprehensive Shoreline Protection Management Plan / Scheme.
We undertake that, in competing for (and in the event of award being made to us),
we will strictly observe the laws against fraud and corruption in force in India namely
“Prevention of Corruption Act 1988”
we will strictly observe the laws against fraud and corruption in force in India
namely “Prevention of Corruption Act 1988”
Yours faithfully,
Signature:
Full Name: & Address:
Authorised Signatory
.11.
FORM-B
Assignments of similar nature successfully completed during the last three years
1. Brief description of the firm/Organisation
2. Outline of recent experience on assignments of similar nature
Nature of
assignment Nature
of
project
Owner/
sponsoring
authority
Cost of
assign-
ment
Date of
Commen
-cement
Date of
completion was assignment
satisfactorily
completed
Note:
Please attach certificates from the employers by way of documentary proof
.12.
FORM-C
WORKPLAN/TIME SCHEDULE
1. Field investigation (Coral rehabilitation)
Sl.
No. Item Month/Week wise programme
2. Field investigation (underwater monthly biodiversity monitoring in the rehabilitation
site including coral juveniles (recruits) and fish population covering entire coral reef areas
of project site)
Sl.
No. Item Month/Week wise programme
3. Compilation and submission of reports
Sl.
No. Description Month/Week wise programme
1 Inception report 2 Field survey/Planning design and to
determine methodology/data collection
3 Draft report 4 Conclusion and draft final report 5 Final report and documentation
4. Detailed description of approach and methodology outlining various steps for .
Underwater monthly monitoring of biodiversity including coral juveniles (recruits)
and fish population on the entire coral reef areas of project sites.
5. Comments/Suggestions on “Terms of Reference”
.13.
FORM-D
COMPETENCE OF TEAM PERSONNEL AND THE TASK WHICH WOULD BE ASSIGNED
TO EACH MEMBER
1. Technical Managerial staff
Sl.
No. Name Position Task assignment
2. Professional staff with accredited SCUBA diving capacity
Sl.No. Name Type / level of SCUBA
diving certificate hold
by the staff
Position Task assignment
3. Support field staff
Sl.
No. Name Position Task assignment
.14.
FORM-E
SUGGESTED FORM OF CURRICULUM VITAE FOR MEMBERS OF CONSULTANT TEAM
1. Name
2. Profession/Present designation
3. Years with the firm/organization
4. Area of specialization
5. Proposed position in the team
6. Key qualifications
(under this heading, give an outline of staff member‟s experience and training most
pertinent to assigned work. Describe the degree of responsibility held by the staff
member on relevant previous assignments and give dates and locations)
7. at least 10 years of minimum experience in the relevant similar type of works / field
of coral rehabilitation and under water monitoring of biodiversity including coral and
fish population since the proposed project site is falling in the Gulf of Mannar Bio
Sphere Reserve, a Eco sensitive area; (evidences for the experience should be
produced)
8. Specialized skills such as SCUBA diving
(under this heading, give an outline of staff member‟s experience and training most
pertinent to assigned work. Describe the SCUBA diving training certification and
responsibility held by the staff member on relevant previous assignments and give
dates and locations)
9. Education
(under this heading, summarize college/university and other specialized education
of the staff member, giving names of colleges etc., dates attended and degrees
obtained)
10. Experience
(under this heading, list all positions held by staff members since graduation, giving
dates, names of employing organization, position held and location of assignments.
For experience in last 10 years also give types of activities performed and client
reference, wherever appropriate)
11. Language
(Indicate proficiency in speaking, reading and writing of each language by
“excellent”. “good” or “fair”
Signature of the staff member
.15.
FORM-F
COST ESTIMATION OR SERVICES, LIST OF PERSONNEL AND SCHEDULE OF RATES
1. Remuneration of staff
Position Name Rate (per
month/day)
Time spent (no. of
month/day)
Total (In Rs.)
Team Leader
2. Reimbursables
Nature Rate Days Total Travel Local Transportation Per diem
Other (specify)
3. Total Cost with reference to coral rehabilitation with break- up of costs.
4. Monthly underwater biodiversity monitoring in the rehabilitated site including juvenile
corals (recruits) and fish population covering entire coral reef areas in Vaan Island
Nature Rate Days Total Monitoring Boat charges Transportation Other (specify)
.16.
5. Still and video documentation of entire course of work– in land and underwater
Nature Rate Days Total Still and video
photo
documentation - in
land
Still and video
photo
documentation -
Underwater
Other (specify)
.17.
FORM-G
WORK PROGRAMME AND TIME SCHEDULE FOR KEY PERSONNEL FORM-G
Sl. No.
Name Position Reports due/
Activities
Months (in the form of a Bar Chart)
1 2 3 4 5 6 7 8 9 10 11 12 Number of Months
1 Sub total (1)
2 Sub total (2)
3 Sub total (3)
4 Sub total (4)
Full Time Part Time Reports Due Activities duration Note separate sheets should be used for each of the towns
.18.
DRAFT TERMS OF REFERENCE FOR THE “CORAL REHABILITATION” under the
project ““Management and rehabilitation of coastal habitats and biodiversity for
Climate Change Adaptation and Sustainable Livelihood in Gulf of Mannar, Tamil Nadu”
1. Background
The coastline of Tamil Nadu has a length of about 1076 kms and constitutes about
15% of the coastal length of India. With a view to ensure livelihood security to the fishing
communities and other local communities living in the coastal areas; to conserve and
protect coastal stretches, Government of India have promulgated Coastal Regulation Zone
Notification 2011 on 6th January 2011, in supersession of Coastal Regulation Zone
Notification 1991.
ii) The Government of India, in exercise of the powers conferred under the
Environment (Protection) Act 1986, had constituted Tamil Nadu State Coastal Zone
Management Authority under the Chairmanship of Secretary to Government, Environment
and Forests Department to take measures for protecting and improving the quality of
Coastal Environment and preventing, abating and controlling Environmental Pollution in the
coastal areas of the State of Tamil Nadu and the Authority in performing its designated
responsibilities such as,
a) demarcation of High Tide Line and Low Tide Line
b) taking suitable action on the implementation and monitoring of the provisions of the
Coastal Regulation zone
c) Research Development works including Training
d) identifying and implementing coastal conservation programmes and projects
iii)Accordingly the Government of Tamil Nadu has issued orders in GO. Ms.No. 166
E&F Department dated 20.07.1999.
.19.
2. Introduction of the Project:
The Project on “Management and rehabilitation of coastal habitats and biodiversity
for Climate Change Adaptation and Sustainable Livelihood in Gulf of Mannar, Tamil Nadu,
India” has been approved by the Ministry of Environment, Forests and Climate Change,
Government of India, under the Grants-in-Aid component of the National Adaptation Fund
for Climate Change (NAFCC) and administrative approval has been issued.
3.Objectives:
To restore Habitats (Coral reef rehabilitation) in Kariyachalli and Vilanguchalli Islands in
Tuticorin coast of Gulf of Mannar as a climate adaptation strategy
4. Project Activity:
(i) The rehabilitation site/s has to be selected by underwater survey. Low tech and low
cost transplantation techniques standardized for Gulf of Mannar has to be followed.
The concrete frames [1m X 1m X 0.25m] were found most suitable based on the
stability of the substrate and fast attachment of fragments on the substrate. The
substrates has to be deployed in the identified degraded area in clusters of concrete
frames (each cluster will have 10-15 concrete frames) covering the required project
area.
(ii) The coral fragments (8 - 11 cm size) identified native coral species shall be precisely
cut at the nearby donor reefs with the maximum of 3-5% of the colony size and tied
with cement slabs (20 cm x 15 cm x 1.5 cm), and tied firmly using nylon rope and then
tied on the cement frames, which have already deployed. Due precision and care shall
be taken during fragmentation and transportation of fragments from donor site and
fixing (vertical / horizontal) with substrates. Different native species of corals shall
be transplanted to facilitate heterogeneity in the rehabilitation site. In order to
encourage regeneration of highly endangered coral species in Gulf of Mannar, a
minimum of 15% of endangered / threatened species shall be preferred in the
rehabilitation site. To study the sedimentation rate in the rehabilitation sites,
.20.
sedimentation traps shall be placed. Branching and non-branching coral species,
preferably resistant and resilient species / colonies to elevated SST shall be used.
(iii) Regular monthly monitoring shall be carried out to study the survival and growth of
the transplanted fragments and community structure at the rehabilitated areas. The
monthly sedimentation rate in the rehabilitation sites shall be monitored.
5. Terms and Conditions:
a) The low tech standardized transplantation technique shall be strictly followed.
b) The activity should not affect the natural corals
c) From donor coral sites, maximum of 3-5% of the colony size shall be taken for
fragments
d) The executing agency should obtain clearances/ permissions, if any required,
from the local authorities, Forests Department etc., concerned with out fail and
any breach of rules and regulations, the executing agency is responsible for the
consequences.
e) The Department of Environment is not responsible for any untoward incidents,
accidents if any occurred during the course of project implementations and the
Department of Environment is not liable for any loss, damage occurred during the
project implementation. The executing agency should ensure the safety and
effective implementation of the project.
f) A team consisting with the officials from the Department of Environment, Tamil
Nadu State Coastal Zone Management Authority and experts in the relevant
field will inspect the implementation of the project, as and when necessary and
the executing agency should furnish details required by the Members of
inspection and also the executing agency should facilitate and arrange for the
said inspections.
.21.
6. Duration
The c oral rehabilitation work shall be completed in 24 months from the date
of executing the MEMORANDUM OF UNDERSTANDING (MOU) and the
Monitoring shall be completed in 36 months from the date of executing the
MEMORANDUM OF UNDERSTANDING (MOU).
7. Project Cost
a) Project cost will be fixed as per the financial bid.
b) The cost shall remain fixed throughout period of agreement and should not be
liable to change at any circumstances.
8.Terms of Payments:
a) Mobilization Amount on receipt of Detailed Project
Report and other documents on the production of
irrecoverable bank guarantee to the extent of
mobilization amount - 10% of total cost
b) After Completion of work such as 1). Underwater survey
to select rehabilitation sites in Vilanguchalli and Kariayachalli
Islands in Tuticorin coast of Gulf of Mannar; and 2). Construction
of 600 Nos. of concrete substrates; and 3. Construction of 600 Nos.
cement slabs and on the confirmation of inspection
team (I installment) - 25% of total cost
c) After Completion of work such as 1). Construction of 1200 Nos.
of concrete substrates 2). construction of 12000 Nos. of
cement slabs; and 3) deployment of 600 Nos. of concrete
substrates and on the confirmation of inspection
team (II installment) - 25% of total cost
d) After Completion of 1) deployment of 1200 Nos. of concrete
substrates and 2). Completion of transplantation of 3000 Nos.
of fragments on cement slabs and on the confirmation of
inspection team (III installment) - 25% of total cost
.22.
e) After Completion of transplantation of 12000 Nos. of fragments
on cement slabs and on the confirmation of inspection team
(IV installment) - 15% of total cost
f) After Completion of underwater monthly monitoring and
submission of reports and on the confirmation of
inspection team (V installment) - 10% of total cost
Note 1: The 10% mobilization amount released (on the production of bank guarantee and shall
be valid for the contract period) will be recovered along with interest from the I installment
with interest or by equal installments from and out of I to V installments with interest, as
agreed upon with the successful bidder.
Note 2: The bidder/applicant should pay an Earnest Money Deposit (EMD) of 1% (One percent)
on the project cost quoted along with the tender documents by means of a Demand draft or
bankers cheque or Small savings instruments or irrevocable bank guarantee in a prescribed
form. The tender documents without EMD will be summarily rejected. The EMD will be returned
to the unsuccessful bidders after the tender finalization. The EMD will be adjusted with the
security deposit for the successful bidder.
Note 3: The successful bidder/ contractor, should pay the security deposit of 2% of the total
project cost by means of a Demand draft or bankers cheque or Small savings instruments or
irrevocable bank guarantee in a prescribed form and will be released to the Contractor
/successful bidder, after the completion of one year of project works and on the satisfaction
of the Technical Committee on the completed works.
Note 4: An amount of 5% will be withheld for specific performance of the project activities,
from each and every instalment and 2.5% of the total withheld amount will be released along
with the final instalment and the balance 2.5 % of the withheld amount will be will be released
to the Contractor /successful bidder, after the completion of one year of project works and on
the satisfaction of the Technical Committee on the completed works.
.23.
10. Non – fulfillment of the Contract: In the event of non-fulfillment of any or whole of the
contract., the parties shall use their best efforts to settle amicably all disputes arising
out of or in connection with this Contract or its interpretation. The consultation should
compensate the actual loss or the actual cost require to complete the unfinished work on
the date of valuation to the consultant. Any dispute, controversy, or claim arising out of or
relating to the Contract, or the breach, termination or invalidity thereof shall be settled
by arbitration. Each dispute submitted by a Party shall be heard by a sole arbitrator or by
an arbitration panel composed of three arbitrators. Arbitration proceedings shall be
conducted in accordance with procedure of the Arbitration and Conciliation Act.
11. Inspection team:
Inspection team will be constituted at the time of inspection with the prominent experts
in the field.
12. Jurisdiction:
Any dispute, controversy, or claim arising out of or relating to the Contract, or the breach,
termination or invalidity thereof shall be under the jurisdiction of Hon‟ble High Court of
Madras.
.24.
Annexure I
Form of Bank Guarantee for Advance Payments
(Reference Clause 9 of MOU)
(To be stamped in accordance with Stamp Act if any, of the country for issuing bank)
Ref.: ______________________ Bank Guarantee:
____________________
Date: ______________________
Dear Sir,
In consideration of M/s……………………….. (Hereinafter referred as the „Client‟, which
expression shall, unless repugnant to the context of meaning thereof include its
successors, administrators and assigns) having awarded to M/s. …………….…………….
(hereinafter referred to as the „Consultant‟ which expression shall unless repugnant to the
context of meaning thereof, include its successors, administrators, executors and assigns),
a Contract by issue of Client‟s Contract Agreement No…………………………... dated
………………………….. and the same having been unequivocally accepted by the Consultant,
resulting in a Contract valued at ……………. for ………………………………..
…………………………………………………………………………….. (Scope of Work) (hereinafter called the
„Contract‟) and the Client having agreed to make an advance payment to the Consultant for
performance of the above Contract amounting to …………………………………………………….. (in words
and figures) as an advance against Bank Guarantee to be furnished by the Consultant.
We ……………………….. (Name of Bank) having its Head Office at ………………………
(hereinafter referred to as the Bank), which expression shall, unless repugnant to the
context of meaning thereof, include its successors, administrators, executors and assigns)
do hereby guarantee and undertake to pay the Client immediately on demand and or, all
monies payable by the Consultant to the extent of ………………………………. as aforesaid at any
time up ……………………. @ ………………………. without any demur, reservation, contest, recourse or
protest and/or without any reference to the Consultant. Any such demand made by the
Client on the Bank shall be conclusive and binding notwithstanding any difference between
the Client and the Consultant or any dispute pending before any Court, Tribunal,
Arbitrator or any other authority. We agree that the guarantee herein contained shall be
irrevocable and shall continue to be enforceable till the Client discharges this guarantee.
.25.
The Client shall have the fullest liberty without affecting in any way the liability of
the Bank under this Guarantee, from time to time to vary the advance or to extend the
time for performance of the Contract by the Consultant. The Client shall have the fullest
liberty without affecting this guarantee, to postpone from time to time the exercise of
any powers vested in them or of any right which they might have against the Client and to
exercise the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained or implied, in the contract between the Client and the
Consultant any other course or remedy or security available to the Client. The Bank shall
not be relieved of its obligations under these presents by any exercise by the Client of its
liberty with reference to the matters aforesaid or any of them or by reason of any other
act or forbearance or other acts of omission or commission on the part of the Client or
any other indulgence shown by the Client or by any other matter or thing whatsoever
which under law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Consultant and notwithstanding any security or other guarantee that the Client
may have in relation to the Consultant‟s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee
is limited to ……………………. and it shall remain in force upto and including ……………… @
………………………… and shall extent from time to time for such ……………………... period (not
exceeding one year), as may be desired by M/s. ……………………………….. on whose behalf this
guarantee has been given.
Date this …………………………. day of……………………… 20……………. at …………..
WITNESS:
………………………………….. ………………………………...
(Signature) (Signature)
…………………………………… …………………………………
(Name) (Name)
……………………………………. …………………………………
(Official Address) (Designation)
(With Bank Stamp)
Attorney as per Power of
Attorney No………………
Dated …………………….
.26.
Strike out, whichever is not applicable The stamp papers of appropriate value shall be purchased in the name of bank which issues the „Bank Guarantee” The bank guarantee shall be issued either by a bank (Nationalized/Scheduled) located in
