M.P.HOUSING & INFRASTRUCTURE DEVELOPMENT BOARD
CORRIGENDUM NOTICE
Invitation of selection of consultant for providing consultancy services published on date 30.05.2016 for Redensification at Waidhan, Distt. Singrauli. (M.P.). The date of bid are further modified as under.
1. The Bid Documents will be available offline at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa. and online on the MPHIDB’s
website www.mphousing.in w.e.f. date 05/07/2016.
2. The Last date and time for submission of RFP responses is 14/07/2016 till 3:00 PM at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa.
3. The opening date and time of EMD and Technical qualification is 15/07/2015 at 3:30 PM.
4. Bid opening date and time is 23/07/2016 at 3:30 PM IST at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa .
Rest of terms and condition will remain same.
(Yashwant Kumar Dohare)
Dy. Housing Commissioner M.P. Housing & Infrastructure Development Board
Jay Stambh Chauk, Rewa – 486001 (M.P.)
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MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD
3RD
BLOCK, 4TH
FLOOR , PARYAWAS BHAWAN MOTHER TERESA MARG,
ARERA HILLS BHOPAL
PHONE : 07552551658
FAX : 07552556065
WEBSITE :www. mphousing.in
REQUEST FOR PROPOSAL (RFP)
TECHNICAL AND FINANCIAL BID
Selection of Consultancy Services for Preparation of DPR,Document for Bid Process, Architectural
Services, Project Monitoring, Supervision and Quality Control for Construction of 290 Houses of
(C.E.F.G.H.I Type Houses) Under Redensification Policy 2016 of Govt. of Madhya Pradesh at
Waidhan, Distt. Singrauli, (M.P.)
Cost of tender form Rs. 25000.00
Approximate cost of the project:-Rs. 4500 Lacs.
Cost of Earnest money Rs 135000.00
OFFICE OF THE DY. HOUSING COMMISSIONER
MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD
CIRCLE : REWA
PHONE : 07662241663
FAX : 07662241663
EMAIL : [email protected]
TENDER NOTICE NO. :MPHIDB/Consultant/2016-17/NIT OF 2016 DATE 30.05.2016
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INDEX
S.NO. DESCRIPTION PAGE NO.
SECTION I Brief RFP 03
SECTION II Information and Instruction to Applicant Firm 04
SECTION III Eligibility Criteria 10
SECTION IV Proposal Estimation 13
SECTION V Bid data sheet 15
SECTION VI Standard data for Technical Bid 17
SECTION VII Standard data for Financial Proposal 27
SECTION VIII Terms of Reference (TOR) 32
SECTION IX Draft of Contract 43
SECTION X General Conditions of the Contract 46
SECTION XII Special Conditions of the Contract 54
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SECTION XII APPENDICES 62
1. PROJECT BRIEF
• NO. of Houses : 290
• LOCATION : Waidhan, Distt. Singrauli (M.P.)
• TYPE OF HOUES : C.E.F.G.H.I Type
• OTHER DETAILS : Construction Under Redensification Policy 2016 of Govt. of
Madhya Pradesh
1.1 ABOUT MPHIDB
“MPHIDB” means Madhya Pradesh Housing and Infrastructure Development Board, Rewa Circle;
1.2 MPHIDB invites proposals from reputed consultancy firms for the above work having
proven experience in the field of Architecture, Building Design, Urban Infrastructure
Development and Project Management Consultancy.
The Consultancy assignment is broadly divided into the following two major phases:-
a. ARCHITECT :- Perform detail Engineering of project including Planning, Preparation
of layouts, Building drawings, Conceptual and Working Drawings, Structural and
Service design of the entire project, Preparation of preliminary and detailed cost
estimates (Based on prevailing MPPWD SOR/ DSR/ Market Rate Analysis),
Preparation of BOQ in the prescribed formats, Tender documents, Technical
Specifications, Bid Evaluation etc. Consultant shall also be responsible to obtain
Mandatory approvals from various Regulatory Authorities/ Departments.
b. SUPERVISION AND QUALITY CONTROL :- As the “ENGINEER” which involves
Project Management in terms of Detailed planning, Monitoring, Co-ordination with
other Departments / Agencies, Supervision of work, Contract Management, Quality
Assurance, Time Bound Engineering Decision and Approval from the Board, Timely
recording of measurements, full checking, preparation of bills and checking, Assistance
in resolution of disputes with the contractor and others including taking all necessary
steps to complete the work in stipulated terms of time schedule, cost and quality
parameters.
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2. INFORMATION AND INSTRUCTION TO APPLICANT FIRMS
2.1 GENERAL
2.1.1 Letter of submission and information for selection shall be submitted as per formats
attached.
2.1.2 All information called for shall be furnished against the respective columns in the
enclosed form. If information is furnished in a separate document, reference to the
same should be given against the respective column(s). If information is ‘NIL’ it
should also be mentioned as ‘NIL’ or ‘No such case’. If any particular query is not
applicable to the applicant firm it should be stated as ‘Not applicable’. However, the
applicant firms are cautioned that not giving complete information called for in the
application in the form required or not giving it in clear terms or making any change
in the prescribed forms may result in summary disqualification of the applicant firm.
Application made by telegram, fax, e-mail or telex and those received late may not
be considered.
2.1.3 All information shall be furnished in English.
2.1.4 The BID shall be filled up legibly. The BIDDER firm’s name shall appear on each
page of the application with authorized signature.
2.1.5 Reference information and Certificates from the respective clients certifying
suitability, technical know-how or capability of the BIDDER firm shall be signed by
the authorized signatory of client.
2.1.6 The eligible BIDDER firm is advised to furnish any additional information, which
they think is necessary in regard to its capabilities. No further information will be
entered after submission of documents unless it is called for by the Client.
2.1.7 Bidder/s shall bear all costs associated with the preparation and submission of their
Proposals. Costs might include site visit, collection of information etc.
2.1.8 The Employer is not bound to accept any Proposal and reserves the right to annul the
selection process at any time prior to contract award, without thereby incurring any
liability to the bidder/s.
2.1.9 In preparing their Proposals, Bidder/s is/are expected to examine in detail the
documents comprising the RFP material, deficiencies in providing the information
requested may result in rejection of a Proposal.
2.1.10 The assignment mentioned herein is intended to be job and time oriented. The
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consultant shall not be entitled to claim any compensation in the event of the time
estimated for the completion of the work being extended for any reason what so ever.
2.1.11 The Data Sheet indicates how long the Bidder/s’ Proposals must remain valid after
the submission date. During this period, the Bidder/s shall maintain the availability of
experts nominated in the Proposal. The Employer will make its best effort to
complete acceptance process within this period. In case of need, the Employer may
request Bidder/s to extend the validity period of their Proposals. Bidder/s has the
right to refuse to extend the validity period of their Proposals with valid reasons for
which employer’s decision shall be final & binding to the Bidder/s.
2.1.12 The Employer named in the “Data Sheet” will select a firm from those firms who
submitted proposals, in accordance with the method of selection indicated in the Data
Sheet.
2.1.13 The Employer requires that Consultants provide professional, objective and impartial
advice and at all times hold the Employer’s interest paramount, without any
consideration for future work, and strictly avoid conflicts with other assignments or
their own corporate interests.
2.1.14 A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates
shall not be hired for any assignment that, by its nature, may be in conflict with
another assignment of the Consultant to be executed for the same or for another
Employer.
2.1.15 The EMD is liable to be forfeited if successful Bidder fails to execute the agreement
within 15 Days from the date of Letter of Acceptance.
2.1.16 PMC cannot include current employees of Central & State Government as their
resource personnel/experts.
2.1.17 A Consultant (including its Personnel and Sub-Consultants) that has a business or
family relationship with a member of the Employer’s staff who is directly or
indirectly involved in any part of (i) the preparation of the Terms of Reference of the
assignment, (ii) the selection process for such assignment, or (iii) supervision of the
Contract, may not be awarded a Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable to the Employer throughout
the selection process and the execution of the Contract.
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2.2 DEFINITIONS
Words and expressions not else where defined in this contract or its Schedules/Sections
shall bear the following meanings, the singular including the plural and vice versa.
1 Consultant The firm Selected for the Project Management consultancy
(PMC) SERVICES including supervision consultancy.
2 Sub-consultant Any person or entity/ Experts with whom the Consultant
subcontracts any part of the Services.
3 Client/Employer Madhya Pradesh Housing and Infrastructure Development
Board, ParyawasBhawan, Mother Teresa Marg, Areara
Hills, Bhopal represented by the Executive Engineer of the
Division concerned.
4 Engineer-in-charge Executive Engineer of division concerned.
5 Government Madhya Prasesh Government
6 PWD Madhya Pradesh Public Works Department
7 Currency Means the Indian Rupees
8 MPHIDB Madhya Pradesh Housing and Infrastructure Development
Board
9 RFP Request for Proposal prepared by the Employer for the
selection of Consultants.
10 GDCR General Development Control Regulations.
11 SSRB Standard Specification for Roads and Bridges in India
12 Contractor To whom the Contract for Construction Works to be
awarded.
13 BIS Building Indian Standards
14 NBC National Building Code.
15 Data sheet Such part of the Instructions to Consultants used to reflect
specific assignment conditions.
16 Day Means calendar day.
17 Personnel Professionals and support staff provided by the Consultant
or by any Sub-Consultant and assigned to perform the
Services or any part thereof; “Foreign Personnel” means
such professionals and support staff who at the time of
being so provided had their domicile outside the
Government’s country; “Local Personnel” means such
professionals and support staff who at the time of being so
provided had their domicile inside the Government’s
country.
18 Terms of Reference”
(TOR)
The document included in the RFP as Section 5 which
explains the objectives, of work, activities, tasks to be
performed, respective responsibilities of the Employer and
the Consultant, and expected results and deliverables of the
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assignment.
19 Proposal The Technical Proposal and the Financial Proposal.
2.3 CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS
2.3.1 Bidder/s may request a clarification of any of the RFP documents prior to Bid
Submission . Any request for clarification must be sent in writing to the address
indicated in the Data Sheet .
2.3.2. A prospective bidder requiring any clarification of the bidding documents may notify
the Employer in writing or by fax (hereinafter, the term "fax" is deemed to include
electronic transmission such as facsimile, cable and telex) at the Employer's address
indicated in the Invitation for Bid. The Employer will respond to any request for
clarification.
2.4 PREPARATION OF THE PROPOSAL
2.4.1. A Bidder’s Proposal (the Proposal) will consist of two (2) components
(i) The Technical Proposal, and
(ii) The Financial Proposal
2.4.2. All related correspondence exchanged by the Bidder/s would also form part of the
Proposal.
2.4.3. The Technical & Financial Proposals should include separate cover letters signed by person(s)
with full authorization to make legally binding contractual (including financial) commitments
on behalf of the firm. The letter should specify all association arrangements, and certify that
each associated firm will perform its designated tasks under the assignment.
2.4.4. The Technical Proposal should clearly demonstrate the Consultant’s understanding of the
assignment requirements and capability and approach for carrying out the tasks set forth in the
TOR through the nominated experts.
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2.5 ELIGIBILITY AND METHOD OF SUBMISSION OF RFP
2.5.1. Reputed empanel or non impanel with MPHIDB and well established Firms/Individuals
registered as legal entity in India who dealt with Architectural/Project Management
consultancy Services having experience of minimum Five years in handling similar
building Projects and having permanent qualified Town /Urban planner, Architects,
Engineers like structural, civil, mechanical, electrical, services design engineers etc. in
related fields for Construction activities.
2.5.2 The bidder shall submit their technical and financial bid in one stage on or before the
last date of submission at prescribed office of the Board given in the Bid document.
2.5.3 The complete bid proposals received within time limit as mentioned above will be
opened at the Office of the Deputy Housing Commissioner Madhya Pradesh Housing
and Infrastructure Development Board of the Circle concerned in presence of the
consultant or the authorized representative, as specified in the Notice.
2.5.4 The Pre Bid will be held in the Office of the Deputy Housing Commissioner Madhya
Pradesh Housing and Infrastructure Development Board of the Circle concerned. The
bidders may request a clarification on any of the proposal document, but the same
should be submitted in writing to the client's address and should be submitted latest by
three clear days prior to the date of pre-proposal conference.
2.5.5 Requests received within stipulated time will be answered at the time of Pre-proposal
Conference. Copies of the client's response will be circulated to the all bidders who
have submitted online proposal, including description of the queries but without
identifying the source. Please note that late submission of request for clarification by
any bidder shall not be responded.
2.6 SELECTION PROCESS
2.6.1 The selection process will be done in a transparent manner and carry out evaluation of
proposal on the basis of mandatory requirement for general and technical criteria and
scoring criteria specified in the section.
2.6.1.1 Based on the information supplied in the RFP, firms would be qualified &
short-listed by the committee with reference to the eligibility criteria and only
the short listed (Technically Qualified) firms would be allowed to be present at
the time of opening of financial proposal.
2.6.1.2 The final selection of the firm would be based on the Quality and Cost Based
Selection (QCBS) procedure described in the RFP.
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TENDER FEE AND EARNEST MONEY DEPOSIT
2.6.2 RFP documents are available at web site http:// www.mphousing.in and Documents
can be downloaded from the web site. The Cost of tender form is Rs.25000/- shall be
payable in form of Demand Draft in favour of The Executive Engineer, Madhya
Pradesh Housing and Infrastructure Development Board Singrauli payable at Singrauli
issued by any scheduled/nationalized bank in India.The proof of purchase of tender
shall be attached on top of the bid envelope.
2.6.3 The tenderers are requested to furnish EMD amounting to Rs. 135000/-(Rs One Lacs.
only) , through Demand draft in favour of The Executive Engineer, Madhya Pradesh
Housing and Infrastructure Development Board Singrauli payable at Singrauli
2.6.4 Offers of those only those bidders shall be opened whose cost of tender forms and
EMD are received by Demand Draft.
2.6.5 The Madhya Pradesh Housing and Infrastructure Development Board reserves the right
to accept or reject any or all the tenders without assigning any reasons therefore.
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3. ELIGIBILITY CRITERIA
3.1 General Requirements
3.1.1 The Reputed firm empanel or non impanel with MPHIDB must be operating since
last proceeding 5 financial years (A certificate of statutory auditor shall be attached).
3.1.2 The firm must be registered under Companies Act 1956 or Counicil of Architects
1972 for preceding 5 years (Certificate of Incorporation shall be proof of this
3.1.3 The firm must have valid PAN CARD and Service Tax registration (A copy shall be
attached).
3.2 Technical Requirements
3.2.1 Minimum average annual turnover from professional fee in preceding three financial
years of lead or consortium member :-
• Rs. 0.30 crore for project cost less than 25 crore.
• Rs. 0.50crore for project cost less than 50 crore.
• . (Audited Balance sheet and CA certificate to be furnished)
3.2.2 The member of consortium must have works of PMC in hands on / successfully
completed at least two similar nature projects of cost more than this project or one
similar nature project of project cost min /equal to project cost of this project.
(Furnish a copy of performance certificate from owner/ employer).
3.2.3 The firm /Or/ consortium partner must have successfully designed (Architectural,
Structural, Services) at least two similar nature projects of cost more than this project
or one similar nature project of cost min /equal to the cost of this project in last 5
preceding financial years. (Furnish a copy of specific performance certificate for
designing of project from owner/ employer).
3.2.4 Consortium of three firms will be accepted.
3.3 Broad Qualifications and Experience Requirements of Professional Staff
3.3.1 Table -1
S.
N PARTICULARS
NO. OF
PERSONS
MINIMUM
QUALIFICATIONS
MINIMUM
EXPERIENCE
DURATION
REQUIREMENT
1 Principal Architect
cum Team leader
(Urban/town
Planner,)
01 Master of town
planning /urban
development and
planning,
Bachelors degree
in Architecture
and Membership
in council of
Architecture or
Institute of
Architects
30 years (10
years in Building
projects)
Full duration
(Intermittently)
2 Structural Design 01 M.Tech. / M.E. in 10years (5 years Full duration
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Engineer Structural
Engineering
in Building
projects)
(Intermittently)
3 Fire Fighting Expert
can be sub
consultant
01 B.E./B.Tech
(Fire/ Electrical/
Mechanical
Engineering)
10 years (5 years
in the field of
Electrical design
of Building)
As and when
required
(Intermittently)
4 Design Electrical
Engineer and BMS
Expert (MEP)
01 B.E. Electrical 10years (5 years
in the field of
Electrical design
of Building)
As and when
required
(Intermittently)
5 Sr.Architect 01 Bachelors degree
in Architecture
8 years (3 years
in Building
Projects)
Full Time
6 Assistant Architect 01 Bachelors degree
in Architecture
5 years (3 years
in Building
Projects)
Full Time
7 Assistant Engineer
(Civil)
01 each for 25
crores andpart
of it
Bachelors degree
in Civil
Engineering
5 years (3 years
in Building
Projects)
Full Time
8 Junior Engineer
(Electrical)
01 each for 25
crores andpart
of it
Bachelors degree
in Electrical
Engineering
5years (3 years
in Building
Projects)
Full Time
9 Field Engineer 02 each for 25
crores andpart
of it
Diploma in Civil /
Electrical
Engineering
5 years (3 years
in Building
Projects)
Full Time
Note:-
1. It is desirable that the majority of the professional staff proposed be permanent employee/retainer
ship basis of/with the firm or Consortium has an extended and stable working relation with it.
2. Maximum age limit for all professionals is 65 years.
3. Input of Professional staff at Serial 5 to Serial 9 shall be of full duration during the Architectural,
Design, Consultancy period and thereafter intermittently as and when required during the
execution of their related work.
4. Remuneration of professional staff at serial 1 to 5 and other professional experts in addition to
the above mentioned shall also be included in the fee quoted for Architectural, Design and
Consultancy.
5. Professional staff at Serial 1 to 5 is expected to visit the project site at Regular interval during the
execution of their related work to ensure the execution of work as per specification.
6. Professional staff at Serial 1 to5 are expected to remain present during the inspection of
Employer’s authority.
3.3.2 In case Consultant fails to satisfy the above requirements the bid shall be considered non
responsive and shall not be considered for further evaluation and Consultant shall be
disqualified at this stage.
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3.4 Scoring Criteria:-The relevant experience of firm shall be evaluated based on marking system
as under. The consultant shall have to satisfy the following criteria and as per the
performance marking shall be given and accordingly evaluation shall be made.
S.N. PARAMETER MAX
SCORE
CRITERIA
1 Relevant experience of
consultant firms in
preceding five years
60 Experience of Similar project
A. Having project cost equal to this project
(3 projects, 20 marks for each project)
60
B. Having project cost equal to 50% of this
project ( 6 projects, 10 marks for each
project)
60
C. Having project cost equal to 30% of this
project (5 projects, 12 marks for each
project)
60
2 Experience of Structural
and Services Designs
5 Experience of Similar projects having
similar nature service design experience ( 5
projects, 1 mark each)
5
3 Proposed Methodology
and Work plan
15 Understanding of TOR 5
Quality of Methodology, 5
Approach and methodology for execution
of the project
5
4 Relevant experience of
key personnel
70 Personnel No Min
Mark
Max for
experience and
education
above
Total
Architect and
Planner
1 10 4 14
Structural
Designer
1 7 3 10
Sr.Architect 1 7 3 10
Design
Electrical
Engineer and
BMS Expert
(MEP)
1 6 2 8
Assistant
Architect
1 6 2 8
Project
Manager
(Civil)
As
Reqd.
5 2 7
Project
Manager
(Electrical)
As
Reqd.
5 2 7
Field Engineer As
Reqd.
3 1 4
Safety
Engineer
1 2 - 2
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4. PROPOSAL EVALUATION
4.1 General :From the time the bids are opened to the time the contract is awarded any effort
made by the Firm to influence the Client in the Client's proposal evaluation, proposal
comparison or contract award decisions may result in the rejection of the consultant's
proposal.
4.2Evaluation of Technical Proposals :-The individual member of the evaluation committee
appointed by the Client will carry out the evaluation of proposals on the basis of mandatory
requirement for general and technical criteria and scoring criteria specified in the eligibility
criteria for qualification. Each responsive proposal shall be preliminarily evaluated to assess
their performance andtheir capability with respect to mandatory requirement for general and
technical criteria. Based on this evaluation of responsiveness of bid shall be decided. The
consultant do not satisfy this mandatory requirement, their bid will be considered non
responsive. No further evaluation shall be made for such bid and the consultant
disqualifying for further evaluation. Each responsive proposal shall be further evaluated for
technical content and will be given a technical score (St). The Client shall notify consultants
of the rejection of their Technical Proposal indicating that & their Financial Proposals shall
remain unopened after completing the selection process.For technical scoring a 70%
weightage of 150 marks is assigned, marking system is as under:-
Group
No
Category Maximum
Marks
1 Relevant Experience of the Consultant’s Firm in last five
years in India
60
2 Relevant Experience in structural design of high-rise building
using alternative technology (Other than traditional)
05
3 Proposed Methodology and Work Plan 15
4 Relevant Experience of the Key Personnel 70
Total 150
Any proposal not complying with the instructions or is poorly presented or has omissions
shall be liable to rejection at this stage.
4.3 Opening and Evaluation of Financial Proposals :- 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 aloud
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and recorded when the Financial Proposals are opened.
For financial evaluation, the total lump sum fee indicated in the Financial Proposal shall be
considered. MPHIDB will determine whether the Financial Proposals are complete,
qualified and unconditional. The cost indicated in the Financial Proposal shall be deemed as
final and reflecting the total cost of services. Omissions, if any, in costing any item shall not
entitle the Firm to be compensated and the liability to fulfill its obligations as per the RFP
within the total quoted price shall be that of the Consultant’ Firm.
4.4In order to allow comparison of financial proposal on a common basis, each financial
proposal will be carefully scrutinized and total price shall be determined. The score for each
financial proposal is inversely proportional to its total price. The lowest financial proposal
(Fm) will be given a financial score (Sf) of 100 points. The financial score (Sf) of other
financial proposal will be computed as under.
4.5 Formula for determining the financial scores:
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price
of the proposal under consideration. The weights given to the Technical and Financial Proposals are: T = 0.70, and P = 0.30
4.6 Combined and final evaluation
Proposals of the post qualified applicant consultants during the process of evaluation
of the technical bid will finally be ranked according to the total score (Technical Score
+ Financial Score).
For this QCBS (Quality & Cost Based Selection) evaluation, the lowest evaluated.
Proposals will be ranked according to their combined technical (St) and financial (Sf)
scores using the weights (T = the weight given to the Technical Proposal; P = the weight
given to the Financial Proposal; T + P = 1) as under.
S = St x T% + Sf x P%.
The Firm achieving the highest combined technical and financial will be ranked as
first
4.7 The Selected Applicant Consultant shall be the first ranked Applicant Consultant .The
second ranked Applicant Consultant shall be kept in reserve and may be invited for
agreement in case the first ranked Applicant Consultant withdraws, or fails to comply with
the requirements specified hereinabove. MPHIDB Reserves the rights to allot the work to
the next lowest bidder.
4.8 This evaluation procedure reflects the high importance attached to quality and competence.
Please note that the Client is not bound in any manner to select any of the Firms submitting
proposals or to select the Firm offering the lower price
4.9 AWARD OF CONTRACT :The allocation of the consultancy work will be decided by
competent authority of client without any prejudice to any consulting agency.
4.10 CONFIDENTIALITY :Information relating to evaluation of proposals and
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recommendations concerning awards shall not be disclosed to the consultants who
submitted the proposals or to other persons not officially concerned with the process, until
the winning Firm has been notified that it has been awarded the contract.
5. DATA SHEET
Information to Consultant
S.N. Name of work :
1 Appropriate project cost : 4500 Lacs
2 Source of fund : MPHIDB
3 The Employer : MPHIDB
4. Representative/Contact Person and Address of the
Employer/ Communication
: EE MPHIDB
SINGRAULI
5. Cost of Tender form : Rs 25000.00 by DD of
Nationalized Bank in
favour of The
Executive Engineer,
Madhya Pradesh
Housing and
Infrastructure
Development Board
Singrauli payable at
Singrauli
6. Earnest Money Deposit : Rs 1.35 Lacs in the form
of DD in fabour of the
Executive Engineer,
Madhya Pradesh
Housing and
Infrastructure
Development board
Singrauli payable at
Singrauli prepared by
any Nationalized Bank.
7. Project Implementation Period : 36 Month or actual
completion of project
whichever is less
8. Consultancy period : 36 Month or actual
completion of project
whichever is less
9. Bid Validity : 180 days from due date
for submission of bid.
10. Submission of document. : 29/06/2016 till 3:00PM
11. Opening of the Technical Bids (Date & time) : 30/06/2016 at 3:30 PM
12. Opening of the Financial Bids (Date & time) : 07/07/2016 at 1130 AM
12. Place of Opening of Bids
: Office of the Dy.
Housing
Commissioner
Housing and
Infrastructure
Development
Board,Rewa (M.P.) 13. Evaluation of Technical Bids : As per evaluation criteria
14. Security Deposit : 5% of accepted
Consultancy cost and
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will be recovered from
bill.
15. Performance Security(Bond) : 5% of accepted
Consultancy cost in form
of Bank Guarantee of
any Nationalized Bank
with validity 6 months
after stipulated project
consultancy period.
16. Liquidated Damages for Delay : There will be reduction
in the contract price
@1/2% (zero point five
percent) for each week
of delay or part there
of,subjected to a
maximum of 10% of the
consultancy cost.
17. Method of Selection : Quality and cost based
selection
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6.0 STANDARD DATA FOR TECHNICAL BID
6.1 Technical proposal submission form
6.2 Firm’s references
6.3 Consultants Turnover from Consultancy Services.
6.4 Comments and suggestions on the Terms of Reference.
6.5 Description of the methodology and work plan for performing the assignment
6.6 Team composition and task assignments
6.7 Format of Curriculum Vitae of proposed professional staff
6.8 Activity (work) schedule.
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6.1 TECHNICAL PROPOSAL SUBMISSION FORM
(On letter head of the firm)
To,
The
M.P. Housing and Infrastructure Development Board
4th
Floor, Block 3,
ParyavasBhavan
Arera Hills, Bhopal (M.P.)
Subject: Technical proposal for Selection of Consultancy Services for Preparation of DPR,
Document for Bid Process, Architectural Services, Project Monitoring, Supervision and
Quality Control for Construction of 290 Houses of (C.E.F.G.H.I Type Houses) Under
Redensification Policy 2016 of Govt. of Madhya Pradesh at Waidhan, Distt. Singrauli,
(M.P.)
Sir,
We, the undersigned, offer to provide the consulting services for Architectural, Design and Project
Management Consultancy Services for . . . . . .. . . . . . . . . . .. . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . accordance with your
Request for Proposal dated ............... We are hereby submitting our Proposal, which includes Technical
Proposal and a Financial Proposal sealed under a separate envelope.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Authorised Signatory
Name and Title of Signatory:
Name of Firm:
Address:
19
6.2 FIRM’S REFERENCES Relevant Services Carried out in the Last Five Years
Which Best Illustrate the Qualifications
Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within an
association/JV, was legally contracted.
Assignment Name: Country with location:
Assignment Period : Cost of Project (Construction) in INR:
Name of Employer : Address with Telephone No. & Fax No.:
Actual Start
(Date /Month /
Year)
Actual Completion
(Date/ Month / Year)
Value of Consultancy Services Received
(In INR):
No. of Staff Provided by the Firm: No. of Staff Months Provided by the Firm:
Name of Association Firm(s) if any : Address with Telephone No. & Fax No of the
Association Firm.:
No. of Professional Staffprovided by
Associated Firm(s)
No. of Staff Months Provided by the Associated
Firm:
Approx. Value of Services given by the
Consultant (In INR) :
Approx. Value of Services given by the
Associated Firm (In INR) :
Name of Senior Staff (Project Director / Coordinator, Team Leader, etc.) of the consultant
involved and functions performed:
Narrative Description of Project :
Description of Actual Services Provided by the consultant’s Staff :
20
6.3CONSULTANTS ANNUAL TURNOVER
ANNUAL TURNOVER DATA FOR THE LAST 3 YEARS
Note :
In support of the Annual Turnover, copies of the Audited Financial Statement/Turnover
Certificate duly certified by a Chartered Accountant should be enclosed.
Signature of Authorized Representative
Year Amount (in INR)
2011-2012
2012-2013
2013-2014
2014-2015
2015-2016
Average
21
6.4 COMMENTS AND SUGGESTIONS OF CONSULTANTS
ON THE TERMS OF REFERENCE
On the Terms of Reference
1
2
3
4
5
NAME CONSULTING FIRM:
23
6.6 TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Personnels:
Sn. Name Position Task
1. To be assigned
later
Principal Architect Cum
Team Leader
2 Structural Design Engineer
3 Sr.Architect
4 Design Electrical Engineer
and BMS Expert
5 Assistant Architect
6 Project Manager (Civil)
7 Project Manager
(Electrical)
8 Field Engineer
9 Safety Engineer
24
6.7 FORMAT OF CURRICULUM VITAE (CV)*
FOR PROPOSED PROFESSIONAL STAFF
Proposed Position:__________________________________________________
Name of Firm: ______________________________________________________
Name of Staff;______________________________________________________
Professional Qualification:_____________________________________________
Date of Birth________________________________________________________
Nationality_______________________
Years with Current Firm/Entity _________________________
Membership in Professional Societies _____________________________________
Detailed Tasks Assigned _______________________________________________-
Key Qualifications:
(Give an outline of staff member’s experience and training most pertinent to tasks an
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page).
Education
(Summarize college/university and other specialized education of staff member, giving names of
schools, dates attended ,proof of degrees obtained and documentary evidence of age proof)
Employment Record
(Starting with present position, list in reverse order every employment held). List all positions
held by staff member since graduation, giving dates, names of employing orgnizations, titles of
positions held, source of funding for the projects handled, types of activities performed and
client reference, where appropriate.)
Languages known
(For each language indicate proficiency – excellent, good fair or poor, in speaking reading and
writing)
25
Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be precise and
accurate. The information in the summary will have bearing on the evaluation of the CV).
A) Education:
i) Field of Diploma/Graduation and year
ii) Field of Graduation/Post graduation and year
iii) Any other specific qualification
B) Experience
Total experience in Building Project: ____________ YrsResponsibilities held
S.No. Position Held Period Assignment
period From To
Undertaking :
I, the undersigned certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience. Further I certify that I am available for the
assignment and shall be willing to work for the client for the entire duration of the position. I
have also not left any ongoing project of the client without its approval and have not been
debarred by the client in past.
Date (Day/Month/Year) :________
Signature of staff member Signature of Authorized representative of the Firm
Full name of staff member Full name of authorized representative
Note:- CVs should be originally signed in blue ink on each page by both the proposed
professional staff and the authorized representative of the firm along with the proof of age and
qualification. Key information should include number of years working for the firm/entity, and
degree of responsibility held in various assignments. Photocopy or unsigned CV shall not be
considered.
26
6.8ACTIVITY (WORK) SCHEDULE
A Field Investigation and Study Items
Sno. Item of Activity
(work) Monthwise Program (in form of Bar Chart)
[1st, 2
nd, etc. are months from the start of assignment]
1st 2
nd 3
rd 4
th 5
th 6
th
Reports (for each Work contract
package)
Frequency
1. Monthly Progress report Every month
By 10th
of following Month (3 copies)
2. Quarterly Progress Report Every Quarter
By 10th
day of April, July, October and January
(3 copies)
3. Supervision Manual At commencement time (3 copies)
4. Completion report On completion of construction
(3 copies)
5. Final Completion Report & CD Once
On completion of Defect Liability Period(3 copies)
27
7. STANDARD DATA FOR FINANCIAL PROPOSAL (On letter head of the firm)
(Location, Date)
To,
The
M.P. Housing And Infrastructure Development Board.
4th Floor, Block 3, ParyavasBhavan
Jail Road, Bhopal (M.P.)
Subject: Financial Proposal for Selection of Consultancy Services for Preparation of
DPR, Document for Bid Process, Architectural Services, Project Monitoring, Supervision
and Quality Control for Construction of 290 Houses of (C.E.F.G.H.I Type Houses) Under
Redensification Policy 2016 of Govt. of Madhya Pradesh at Waidhan, Distt. Singrauli,
(M.P.)
Sir,
We, the undersigned offer to provide the services for Architectural, Design and Project Management
Consultancy for . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . .in accordance with your
Request for Proposal dated …. . . .(Date)….. . . . . and our proposal (technical & financial).
The total financial quote for the assignment/ job is as under:
Particular Amount %
(percentage) in
figure
Amount % (Percentage) in
words
Total Cost for Architectural, Design
and Project Management
Consultancy Services including all
taxes, duties, cess, etc. but
excluding service tax for cost of
construction approximately Rs.
45.00 Cr
Our financial proposal shall be binding upon us subject to the modifications resulting from
contract negotiations, up to expiration of the validity period of the Proposal i.e. [Date]. We
undertake that in competing for (and, if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India namely
“Prevention of Corruption Act 1988”. No commission or gratuity of any kind is included in the
proposal as it is not allowed.
We understand that you are not bound to accept any Proposal you receive.
Yours sincerely,
Signature Authorised Person
Name and Title of Signatory:
28
Name & address of Firm:
7.1 SUMMARY OF COSTS
No. Description Amount in
figures (in INR)
Amount in words
(in INR)
I Architectural and Design
Consultancy Fee
II Project Management
Consultancy Fee (Remuneration
for professional Staff)
TOTAL COST (Including all
Taxes but excluding Service Tax)
Note: The Payments will be made as per stipulations of the Special Conditions of Contract
29
7.2 BREAKUP OF COSTS
7.2.1ARCHITECTURAL AND DESIGN CONSULTANCY:-
S.
No
.
Particular PAC Percentag
e on PAC
( in INR)
Amount
in
figures
(Rs)
1 Architectural and Design Consultancy Fee for.. .. .
. . . . .. . . . . . . . . . . . . . . . . . . . . . . .
2 Fee for Replication of Architectural Consultancy
. . . . . . . .. . . . . . . . . . . with ancillary work
mentioned in sub-clause 2.5 of TOR such as soil
investigation, geo-technical survey, preparation
of concept plan, drawings, budget, etc.
Total
Note :-
1. The Fee shall be calculated on the basis of Probable Amount of works initially. Any
increase/decrease in Probable Amount of works in comparison to the awarded value shall
subsequently be regulated in line with awarded value of works.
2. This shall include which Architect, Design and Project Management Consultancy Firm have
to incur to prepare the design and drawings of Civil, Electrical, Mechanical, Air Conditioning,
Intelligent Building Management System, Fire fighting/Security System, Land Scaping and all
other allied services required to complete the work in all respect including preparation of BOQ,
Bid Document, Technical Specification etc. including cost of engaging specialist Consultants
for any of these services. Firm has to submit detailed schedule of payment, on award of work,
based on different services required to be rendered and get approval of the Employer for
reimbursement of claim under this head. The payment will be regulated according to the
approved schedule of payment subjected to satisfactory completion of particular services.
3. This shall also include expenditure likely to be incurred on office furniture*, office
equipment**, electricity, other equipments necessary for site and required for executing the job,
water supplies, vehicles for office and field visits, office support staff, all traveling expenses of
all personnel, stationery required for regular office use, reporting, documentation etc.
* Office furniture shall comprise to run the Consultant’s office items like desks, chairs,
computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa set etc.
** Office equipments shall comprise Consultant’s office items like plotter, laser printer, photo
copy machine, external CD writer, lap top, camera, SLR, generator, refrigerator etc.
30
7.2.2 PROJECT MANAGEMENT CONSULTANCY FEE (REMUNERATION FOR
PROFESSIONAL STAFF)
Sn
.
Designation of
Professional
Staff
Man
months
No. of
Persons
Remunerat
ion Rate
per Man
month in
INR
Total Remuneration
Amount (INR)
in figure in words
1 Assistant
Engineer (Civil) 36 02
2 Sr.Architect
18 01
3 Assistant
Architect 18 01
4 Junior
Engineer
(Electrical)
36 02
5 Field Engineer
36 04
Subtotal for Professional staff (B)
Name &Signatureof Authorized
Signatory
With Seal of the Firm
31
7.3 Form in which bills for monthly payment are to be presented
Percentage/No. Rate in
(INR)
Amount (in
INR)
I Architectural, Design
Consultancy Fee
II Project Management
Consultancy Fee
(Remuneration for
professional Staff)
Total
Minus
Advance Repayment
Total Payment due
Add for service tax
Accumulated Total
Name & Signature
of Authorized Signatory
With Seal of the Firm
32
8. TERMS OF REFERENCE (TOR)
a. Background
i. Building Location – The Location of plot is Waidhan Distt. Singrauli.
ii.It is proposed to engage highly qualified Consultants with proven relevant experience for
construction of same nature of work.
iii.The EMPLOYER will be the Executing Agency for this project. The work will be executed
as deposit work by MPH&IDB which is a premier agency engaged in construction of
buildings for the State Government in Madhya Pradesh).
iv. Requirement of Minimum services to be rendered by the consultant :
(i) To prepare detailed layout plan of complete scheme, design and prepare
conceptual and working drawings for Architectural, Structural & other allied
services, specifications, detailed cost estimates, Bill of Quantities (BOQ), Bid
documents etc for all works.
(ii) Obtain all approvals from statutory authorities.
(iii) To assist MPH&IDB in Bid Invitation, appointment of contractor.
(iv) To act as representative, supervise and monitor the renovation/construction work
with a view to ensure quality and timely completion of work(s).
(v) To check & verify the measurement of work(s) of contractor (s) as per set norms
& procedures and propose it to the executing agency for realization of bills.
v. Board construction requirements:- The consultant has to design building taking into
account the maximum height limitations and maximum FSI (floor space index) at the
existing building locality. The vision of the employer is to have following additional
amenities.
8.1.6 Broad Scope of Work of the Consultant:- The selected Consultant is required to do
detailed Engineering Survey including Boring (at least one Bore upto 20 meter
depth)/Trial pit, obtain approval from competent authorities for any permission related
to the work, preparation of detailed layout plan of complete scheme, design and
prepare conceptual/working drawings, elevation proposals with 3D modeling &
renders for Architectural, Structural & other allied services, preparation of Detailed
Cost Estimate, Bill of Quantities (BOQ), Bid Documents and Technical Specifications
for Construction of 290 Houses (C.E.F.G.H.I Type Houses) the architectural firm
shall be replicated with suitable modifications as per availability of land, soil survey,
geotechnical investigations, etc. as mentioned below. The Consultant has to submit
separate concept plans, drawings, budgets, Bill of Quantities for each location.
However, as regards Project Management Consultancy, the selected Consultant has to
deploy separate team for each location.
The scope of work of the Consultant may include but not limited to the following.
i. Arranging site survey and all Geo-technical investigation required for structural
design and other purposes, soil investigation etc.
ii. Preparation of Inception reports
iii. Preparation of Concept/Master Plan (2-3 proposal till the satisfaction of
employer)
iv. Preparation of Detailed Project Report on the basis of various proposed schemes
33
v. The consultant has to prepare sections and elevation drawings of all items, 3D
view/model/computer walk through etc for work(s).
vi. Preparation of budget estimates for review and administrative approval
vii. Preparation of detailed Bill of Quantities, detailed estimates and drawings for
review and approval.
viii. Rate analysis of all the items on the basis of CPWD/MORTH and latest PWD
schedule of rates and for items not covered by PWD SOR, on the basis of
market rate with supporting documents in the standard format/pattern
ix. Preparation of tender documents including tender drawings, BOQ, technical
specification, furnishing copies in sufficient numbers to enable MPRDC call for
tenders.
x. Evaluation of tenders and preparation of tabulation, taking up clarification and
submitting recommendation to MPH&IDB for award of work.
xi. Issue of good for construction drawings to the contractor after award of work.
xii. Site Management and supervision of work at site and quality control by engaging
qualified and experienced site personnel.
xiii. Taking joint measurement of works completed and certification of Bills for
payment by MPH&IDB.
xiv. Progress monitoring, reporting and preparing / advising action plan for expediting
the work.
xv. Advising on safety measures.
xvi. Preparation of time lines and programme for project implementation.
xvii. Liaising with Government and local bodies.
xviii. Providing all assistance for statutory approvals.
8.2Scope of work: The scope of consultancy services for each major areas includes, but shall
not be limited to following activities broadly divided into the following two major phases.
The Consultant shall function as
(1) Architect to do detailed Engineering Survey including Boring (at least one Bore upto 20
meter depth)/Trial pit, obtain approval from competent authorities for any permission
related to the work, preparation of detailed layout plan of complete scheme, design and
prepare conceptual/working drawings, elevation proposals with 3D modeling & renders for
Architectural, Structural & other allied services, preparation of Detailed Cost Estimate, Bill
of Quantities (BOQ), Bid Documents and Technical Specifications for all works.
(2) Project Management Consultant as the ‘Engineer’ which involves Project
Management in terms of Detailed Planning, Monitoring , Coordination with other
department/agencies, Supervision of Work, Contract Management, Quality Assurance,
Timely Engineering decision and approval thereof from Employer, Recording of
Measurement/Bills, Assisting in arbitration & litigation cases and all other necessary
steps/decision required for timely completion of Project.
8.2.1 Architectural and allied Services:
34
1. Preparation of Three alternative sketch design plant elevation of the proposed work.
2. Timely Preparation of final Arch& allied works drawing and submission of drawings.
3. Obtaining statutory approval of local/govt. authorities i.e. corporation Electricity board
Fire department, Lift safety etc. Payments made to local/govt. department by consultant
shall be reimbursed by MPH&IDB.
4. Prepare of stage-I and detailed estimate, Bill of Quantities and specification and also
tender document in the approved tender forms of MPH&IDB.
5. Assist MPH&IDB in selection of tenderer. The consultant is required to furnish technical
clarification/explanation on specific quarries of bidder during pre-bid meeting if
required.
6 Preparing working drawing and detailing of entire work including detailing for interior
design, furniture design, electrification, plumbing, sanitary, acoustic, Lift, HVAC,
IBMS, CCTV, Access Control, PA System, Fire fighting, Water harvesting,
Landscaping, Graphic signage and Sewage and garbage disposal systems and external
development, water connection plan from Municipal Corporation..
7. Maintain periodical site visit and monthly site meetings
8. Preparation of time schedule for completion of project and revision thereof if needed.
9. Obtain completion certificate from local authorities, like Final completion drawing from
Bhopal Municipal Corporation, fire fighting certificate.
10.Supply of final drawings in 6 sets & supply of computerized drawing files in
CDs/Pendrives after finalization as & when required by employer in AutoCAD 10
drawing format.
8.2.2 Design / Technical:
The scope of work shall include preparation of detailed structural design of Building
and other services. All structural design shall be got vetted by structural Engineering
department of MANIT, Bhopal or any other reputed engineering collage suggested by
MPH&IDB. Payment for structural design approval to Govt Engineering college will
be done by the consultant, which will be not reimburse to him.
Consultant shall insure that all design and drawing are prepared in accordance with
relevant by-laws of statutory authority, Indian Electricity act and Indian standard
specification.
The consultant shall engage MANIT,Bhopalor any other reputed engineering collage
suggested by MPH&IDB as proof consultant for structural work/. All structural
drawings shall be provided to the contractor/employer after vetting by the proof
consultant and with specific certificate that the “design being provided is
economical, optimum, earthquake resistant and safe and is in accordance with
the upto date and relevant ‘IS Code”. However, the consultant shall be fully
responsible for the correctness and accuracy of structural/ services and drawings
notwithstanding the approval by the employer. Adequate scope for future expansion,
35
in case of possible improvement in building bylaws in due course, must be included in
the design before finalization.
8.2.3 Quality Control:
1. To finalise construction related procedures such as Technical Specifications,
Construction Practices and Quality Assurance.
2. To prepare, submit and implement a system of Quality Assurance of works; ensure
quality of materials and sources of materials; formulate and implement sampling and
testing procedure and Quality Control measures to ensure required standards and
consistency in quality.
3. Supervise & approve the setting up of laboratory (including calibration of
equipment’s) and field tests carried out by the Contractor. Consultant has to get
conducted 100% of the field test in their presence.
4. Undertake special tests of materials and/or completed works, undertake removal and
substitution of improper materials and /or works as required.
5. To issue orders for Stoppages of part of work or removal of any unapproved / rejected
work or materials and also covering work which has not been inspected for acceptance
or rejected as unacceptable from site forthwith, recording reasons for rejection etc.
6. To advise Employer on progress and quality of the works being executed by the
contractor on Monthly basis in the form of Monthly Progress Report, to the
satisfaction of employer.
7. Inspect and approve the materials at site as per specifications before they are used in
work.
8. Inspect the execution and performance of the work with regards to workmanship
compliance with specifications and all other testing required for acceptance any item
of Work.
8.2.4 Construction Supervision:
1. To supervise and monitor that the construction works are in accordance with the
approved technical specifications, Environmental provisions and other stipulation of
contract documents. The construction methods proposed are in compliance with the
stipulations particularly, in relation to construction equipment and other resource
deployment.
2. To scrutinize and certify whenever required, contractor’s materials reconciliation
statements prepared by contractor.
3. To supervise all site work(s), to approve the actions taken by the contractor and works
executed by the contractor. Employer shall take suitable action on the suggestions
deemed fit/all deviations, in terms of, as pointed out by the Consultant.
36
4. A detailed list of pending defects to be carried out by the Contractor will be handed
over to Employer before withdrawal of manpower by the Consultant, in case of fore
closure of the Consultant/contract agreement.
5. Whenever final measurements are to be made, the Consultants Team Leader will
inform the contractor and Employer 7 days in advance, the Employer may authorized
his representative who will be empowered to participate and check, if so wishes, any
measurements.
6. Getting the rectification of defects (if any) in the works carried out through the
respective contractor till payment of Final Bill.
7. Defect Labiality Period is 5 year after the completion.
8. During the Defect Liability Period, the Principal Architect cum Team Leader,
Structural Engineer of Consultant has to inspect the Building quarterly and submit the
report along with the remedial measures. Consultant will ensure for rectification of the
defects by the Contractor during the defect liability period and issue Defect Liability
Certificate.
9. Shall be responsible for obtaining good workmanship with respect to lines, levels,
plumb, finish, etc. Shall check all centerlines, dimensions, levels and plumb at all
stages of work with reference to working drawings and shall ensure correct
dimensions of all elements.
10. Inspection and certification of equipment at manufacturer’s works for HVAC,
Electrical, Communication, Fire fighting systems or any other equipment will be
planned in coordination with the officer designated by the Employer who may depute
his representative for the inspection.
11. The consultant should ensure proper functioning of all system before the completion
of DLP.
8.2.5 Project Management:
1. To approve construction schedule, method statements material sources,
manpower/machinery deployment plans submitted contractor and review the same
periodically as per PERT.
2. CONSULTANT shall provide manpower at site timely and only experienced persons
will be provided at site.
3. Review and approve contractors proposed Personnel for positions nominated in contract.
4. Approve/suggest modifications in contractors work programme, method statement and
material sources etc.
5. To prepare manual for maintenance and operation of the facilities during and after
execution of the project submitted by the contractor.
6. To prepare and issue working drawings timely at site or requisition new/supplementary
drawings, which are not provided.
7. Check contractor setting out for conformance with the good for construction/working
drawing.
8. To work out the savings on material and ensure that this benefit/tax concession passes on
to the Employer.
37
9. To maintain necessary record like measurement book including taking all measurement
as per MPH&IDB system of measurement
10. Prepare variations calculated by appropriate rate analysis for non-priced works, using
prevailing schedule of Rates as far as possible. The variations proposed to employer
for approval shall have proper reasoning justifying its necessity along with expected
financial implication on the project.
11. Identify Construction delays and recommend to the contractor the remedial measure to
expedite the progress under intimation to EMPLOYER.
12. To monitor Project for compliance to the Plans and Designs as detailed in the estimates,
for timely completion and within the Cost Estimates.
13. To monitor and check the day to day work/activities and certify for payment when the
quality of the works is satisfactory and the quantities are correct
14. To take measurements required for the purpose of Bill Payments and carry out all
calculation in a manner that Interim Payment Certificate is submitted to the employer
on monthly basis. The IPC shall reach the employer for payment by First week of
every month.
15. Consultant has to take prior approval of Employer in issuing / approving variation in
quantity exceeds 10% variation of individual items or aggregate variation exceeds 5%
of the contract value. Employer’s approval should also be obtained for issuing /
approving /sanction of additional cost, sums or cost and variation of rate and prices.
16. To maintain a site order book issued by Employer in duplicate at site for the issuance of
time to time instructions and compliance reports which shall be the property of
Employer and shall be duly certified by the Consultant. A copy of site order book
should accompany the IPC along with the copy of the test reports relevant to IPC.
17. Maintain record such as good for construction /working /as built drawing, test data,
details of variation, correspondence and diaries in format approved / specified by
Employer. They should also keep measurement record including measurement books
issued by the Employer.
18. Update cost estimates till completion (25%, 50%, 75% and 100%) of the project period
and submit variation statements as and when required.
19. To certify and re commend extension to be given to the contractor for delay in contract
for reasons not attributable to the contractor, or else. After approval from the
employer, the Consultant shall issue necessary orders for time extension.
20. To issue on behalf of Employer, notes, damages, claims, claims of interest, penalty etc.
wherever applicable to the contractor for Contract Administration.
21. Any other activity as per provision of the Agreement.
22. Analyze, any claims submitted by contractor, and prepare report based on contractual
documents addressing technical & financial issues, and propose recommendations.
Also prepare reply on behalf of Employer.
23. To mediate and assist in timely resolving disputes between EMPLOYER and contractor
during constructions and also after completion.
24. Assisting in Arbitration and Litigation cases with contractors/suppliers including
preparation of replies etc.
25. Submit all relevant details including replies and assist the Employer with respect to
arbitration, litigation etc., and to mediate in resolving disputes between Employer,
Consultant & Contractor.
38
26. Assist in replying audit queries and also suggest interpretations of technical
specifications and other contract documents.
27. Shall preserve field books and measurement books supplied by Employer in safe custody
and shall return the same to Employer after completion of project or as advised by
Employer.
28. Shall ensure safety of structure by taking all necessary precautions and by not allowing
excessive construction loads such as dumping of excessive materials, overcrowding
on floors and shall avoid such other factors which will endanger the safety of structure
during construction.
29. Shall ensure that safety of personnel working at site/ inspecting the site by taking
precautions by putting barricades, night lamps, near trenches, pits, open shafts, lift
shafts, edge of floors, terraces and such other places and to insist on compliance of
safety code such as use of helmets, etc., on work site.
30. The CONSULTANT shall see that advance action is taken by the contractor to
decoration, make suitable provisions for inserts during construction of civil works for
various services like electricity, air conditioning, water supply, sewage system,
interior ventilation etc.
31. Shall ensure that work proceeds smoothly and not hampered for want of decisions/
drawings/ clarifications.
32. A detailed Contract Completion/ Final Report in 6 copies are to be submitted to the
Employer. The Consultant will prepare a comprehensive final completion report of the
construction contract package after completion of the work. The report shall
incorporate summary of the method of construction, the construction supervision
performed, as built construction drawings for all works, problems encountered and
solutions undertaken thereon and recommendations for future projects of similar
nature to be undertaken by the employer. The Consultant shall submit the self
appraisal report within the prescribed time summarizing the following details:
a. Details of Personnel including substitution made during the assignment.
b. Details of variation orders issued.
c. Details of extension of time granted to the Contractor.
d. Details of Quality Assurance System.
e. Quality observed at site by the Consultant.
f. Details of claims.
g. Special preventive measures for maintenance suggested by the
Consultant.
33. A Quality Assurance Manual in 7 copies, detailing all QA/QC procedures, to be
submitted within 30 days of commencement of services.
34. Maintenance Manual, detailing routine and periodic maintenance tasks that will be
required to maintain the completed Project.
35. Shall ensure approval of extra items (if any) during the construction period and submit
the variation timely.
36. Certify completion of part or all of the work and submit it to Employer.
37. Obtain completion plans and “As Build” Drawings with all certificates of the
Completion from Contractor and approve them.
38. If the Consultant desires an extension of time for the completion of the work on the
grounds of CONSULTANT having been unavoidably hindered in its execution or any
other ground, CONSULTANT shall apply in writing to the officer designated by the
Employer within 7 days of the date of the hindrance on account of which
CONSULTANT desires such extensions as aforesaid and the Officer designated by
39
the Employer shall, if in his opinion reasonable (Which shall be final) there after
authorize such extension of time, if any, as may in his opinion be necessary or proper.
8.2.6 General:
1. To approve specifications of Materials required for the Project and to conduct Market
Survey and carry out Rate Analysis to arrive at Fixed Rates (Floor Price) of any
specific Materials required for the Project not covered in BOQ on or before the
currency of work(s).
2. Shall attend periodic site meetings/ meetings in Employer office and discuss site
conditions bottlenecks faced likely hindrances, time overruns, cost overruns and any
other important matter along with solutions proposed. CONSULTANT will be
required to submit periodic reports concerning quality standard and progress of the
project and also prepare Minutes of Meeting and submit immediately.
3. Shall ensure that contractors have complied with registration under Contract Labour
(Regulation and Abolition) Act and abide by laws pertaining to labour including
payment as per Minimum Wages Act (Consultant should ensure a submit a certificate
to MPH&IDB with each IPC that payment to laborers has been done in compliance
with Minimum Wages Act) and any other Act or enactment relating thereto and rules
framed there under from time to time. The CONSULTANT shall ensure compliance
by the contractors of all labour laws and relevant Statutory Acts including Labour
License, Minimum Wages Act, etc. and also monitor the status of contractor
compliance with HIV, AIDS/Child Labour, Labour Laws and equal payment to equal
work provision in Civil Contract.
4. Shall ensure that contractors have taken requisite “All Risk Insurance Policies” to
cover workman under Workman Compensation Act, loss/ damage caused by natural
calamities/ accident/ accidental collapse of partially completed work, materials and
plant at site and for third party claims for injury/ damages. CONSULTANT shall
ensure that all such policies remain in force throughout the execution of project.
5. Shall take custody of objects of value and antiquity found on site during excavation or
otherwise and hand over to Employer official.
6. The Employer undertakes no responsibility in respect of any life, health, accident,
travel and any other insurance for the personnel deployed by CONSULTANT.
7. The CONSULTANT shall be responsible for any damage or loss on account of
neglect of professional duty or conduct on the part of such staff or Engineers or
others. To this effect, the CONSULTANT shall indemnify Employer.
8. The Employer shall not be liable for any injury/ death, caused to any official,
employee, representative or agent of the CONSULTANT or their Consultants working
at the site or damage to their properties for any reason whatsoever and Employer shall
not entertain any claim from any person on that behalf. It would be the responsibility
of the CONSULTANT to get their officials, employees, representatives, agents or
their Consultants insured against the possible risks involved in the discharge of their
duties at the work site.
40
9. CONSULTANT shall make their own arrangements facilities in the site office for
their staff like furniture, telephone/ fan, Computer, e-mail facility, Fax etc. The
CONSULTANT at their cost will install PCs with requisite software's for Project
Management on site. Electricity for lights, Fan, PC etc. for the site office will have
to be arranged by CONSULTANT.
10. The CONSULTANT shall not have any objection to Employer maintaining any
Engineering staff at its own cost at the site of work to carry out work and duties
allotted to them by Employer, in respect of all the work at site or other areas outside
the scope of CONSULTANT works for overall surveillance, security and
verifications.
11. Except with the prior written consent by the Employer, the CONSULTANT and their
representatives shall not any time communicate to any person or entity any
confidential information disclosed to them for the purpose of the services. The
CONSULTANT shall not publicize any information pertaining to Employer which is
discussed with them during course of execution of work in the interest of project
completion.
8.2.7 Timing of Services:It is anticipated that the consulting services defined under this TOR
will commence in December 2016. The actual commencement date will be confirmed
during negotiations and will be dependent upon progress towards award of contract with
the Contractor(s) for construction of the Project.
The period of services has been derived on the basis of the consulting services
commencing two months prior to commencement of construction and extending sixty
months beyond completion i.e. up to the end of the Defect Liability Period. However,
neither the commencement nor completion of construction work shall be construed as
necessary conditions of either commencement or completion of services.
8.2.7.1 Staffing
Consultants are required to deploy atleast following personnel:
Sn. Particulars
1 Principal Architect cum Team Leader
2 Structural Design Engineer
3 Sr.Architect
4 Design Electrical Engineer and BMS Expert
5 Assistant Architect
6 Assistant Engineer (Civil)
7 Junior Engineer (Electrical)
8 Field Engineer
9 Safety Engineer
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10 --
8.2.7.2 The total implementation period for Construction Supervision and Project Management
Consultancy Services will consist of (i) the construction period of 36 months (ii) a
Defect Liability Period of 60 months, as per the arrangement proposed. The site
supervision team would be mobilized on the date of actual commencement of works by
the Consultant as decided by the Employer. During the defect liability period, the
Principal Architect cum Team Leader along with other staff, will be required to inspect
the work quarterly.
8.2.7.3 After award of the contract the Employer expects all the proposed personnel to be
available during implementation of the contract as per the agreed staffing schedule. The
Employer will not consider substitutions during contract implementation except under
compelling circumstances (such as death and/or extreme nature of ailment for which
Medical Certificate shall be produced from Hospital/Nursing Home). In case of such
replacements, the Consultant will ensure that there is a reasonable overlap between the
staff to be replaced and replacement wherever feasible/possible. Replacement of
Professional staff /personnel shall invite penalty. The new personnel/professional staff
shall be paid @ 95% of the agreed billing rates.
8.2.8 Deficiency of Services:Deficiencies in the services on part of supervision Consultants may
attract penal provisions in the form of fines, up to a maximum amount of 10% of contract price
and/or debarment etc. by the client. Sample deficiencies include but are not limited to the
following:
1. Not acting impartially or acting in collusion with contractor in award of variation,
fixation of new rates, etc.
2. Not keeping proper records regarding quality control, inspection, rejection/ rectification
of work, etc.
3. Failure to give proper and timely advice to client/contractor to enable correction during
execution.
4. Delay in design and withholding approvals, etc.
5. Recommending extension to the contractor with a view to extending duration of
supervision services.
6. Refusing to give reasons for decisions when called for by the client.
7. Not being fully conversant with manuals, specifications, standards, client's/ Ministry's
guidelines and requirement of the project to be followed during construction.
8. Certifying substandard work for payment.
9. Not exercising required scrutiny/non approval of temporary stretch/works.
10. Lack of proper coordination with contractors and Project Manager/ client's representative
other agencies like Municipal Corporation/Electricity Board etc. to ensure smooth
implementation of projects.
11. Permitting subletting of any part/ major works without authorisation.
12. Delay in mobilisation of required staff at any stage of the contract.
13. Indulging in corrupt, fraudulent, coercive or collusive practices.
14. Lack of providing expert personnel’s for work(s)
15. Delay in submission of requisite/ modified working drawings as per sets requirement
suggested by Executing Agency.
16. Joint measurement and approval of bills or withheld amount.
17. Delay in submission of details documents of variation or extra items.
18. Lack of providing services during DLP.
19. Delay in submitting the computerized drawing in digital AutoCAD format (.dwg file)
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8.2.9 Support from Employer :- The Employer shall provide assistance to the Consultant
wherever deemed necessary, in the form of issuing letters to concerns.
b. CONSULTANTS PROPOSAL SUBMISSION
8.3.1 The Consultants are advised to understand fully the specific requirements of the
Architectural Consultancy and Project Management Consultancy Services for the work. The Consultants are also advised to inspect the concerned project site and
acquaint themselves with the ground realities also verify the drawing and design
available.
8.3.2 The Consultant submission should be focused to the project requirements as per the
TOR details. The methodology to be submitted should address to the project site
requirements. All specific issues for which references have been made in the various
paragraphs of this TOR should be addressed effectively. General nature descriptions
should be avoided.
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9. DRAFT FORM OF CONTRACT
CONTRACT FOR CONSULTANT’S SERVICES
Between
_________________________________________
(Name of Client)
And
___________________________
(Name of Consultant)
Dated:
# This is a draft Contract for Consultancy Services. In case of any ambiguity, the provisions of TOR /
RFP will prevail while framing the Contract Agreement.
44
FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the. . . . . . .day of the Month of . . . . .
. . . . . . . , 200 ____, between, on the one hand . . . . . . . . . . . . (hereinafter called the “Client) and,
on the other hand, . . . . . . . . . . . . . .(hereinafter called the “Consultants”).
[Note* : If the Consultants consist of more than one entity, the above should be partially
amended to read as follows:
“….. . . . . . .. . . .. . . (hereinafter called the “Client”) and, on the other hand, a joint venture
consisting of the following entities, each of which will be jointly severally liable to the
Client for all the Consultants’ obligations under this Contract, namely, . . . . . . . . . . . . . .
and . . . . . . . . . . . . . . .. . . . . . . . . .. (hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide Architectural Consultancy and Project
Management Services as defined in the General Conditions of Contract attached to this
Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required professional
skills, personnel and technical resources, have agreed to provide the Services on the terms
and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
a. Letter of acceptance (LoA);
b. Addendum/Corrigendum;
c. RFP Document;
d. Technical Submissions.
e. Financial Submissions.
f. Copy of Performance Bank Guarantee.
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in
the Contract; in particular
a. The Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
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b. The Client shall make payments to the Consultants in accordance with theProvisions of
the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
Authorized Signatory
For and on behalf of the
MP Housing & Infrastructure
Development Board.
(………………………….)
Dy. Housing Commissioner
Authorized Signatory
For and on behalf of
M/s ……………………………….
(……………………)
Authorized Signatory
Witness
Signature
Name
Signature
Name
46
10. GENERAL CONDITIONS OF THE CONTRACT
a. DEFINITIONS AND INTERPRETATIONS
In this document , as hereunder defined, the following terms and expressions shall have the
meaning hereby assigned to them except where the context otherwise requires:
1.1. "AGREEMENT" means the 'Agreement' concluded on 'non-judicial stamp paper' of
'Madhya Pradesh State', between 'MPH&IDB' and the 'Consultant' for services as per
this RFP Document.
1.2. "MPH&IDB" shall mean ‘M.P. Housing & Infrastructure Development Board,
Bhopal’
1.3. "MPH&IDB’S REPRESENTATIVE" means the person appointed or authorized
from time to time by MPRDC for execution of the Contract.
1.4. "CONSULTANT'S REPRESENTATIVE" means the person appointed from time to
time by CONSULTANT for execution of the Contract.
1.5. "ENGINEER-IN-CHARGE"/"EXECUTIVE-IN-CHARGE" shall mean the person
designated from time to time by MPH&IDB and shall include those who are expressly
authorized by him to act for and on his behalf for operation of the Contract.
1.6. "SIGN-OFF" means a recorded statement for completion of a milestone / major
activity by Consultant as envisaged in this document and accepted by MPH&IDB.
1.7. "CONTRACT" shall mean the "Agreement" and all attached exhibits and documents
referred to therein and all terms and conditions thereof, together with any subsequent
modifications thereto.
1.8. "SERVICES" mean the duties to be performed and the services to be rendered by the
Consultant according to the terms and conditions of the Contract.
1.9. "HEADINGS" the headings appearing herein are for convenience only and shall
not be taken in consideration in the interpretation or construction of the Contract.
1.10. "SINGULAR & PLURAL WORDS" importing the 'singular' only also include the
'plural' and vice-versa, wherever the context so requires.
10.2.PERFORMANCE OF DUTIES & SERVICES BY CONSULTANT
10.2.1 Consultant shall perform its services in full accordance with the terms and conditions of
the Contract and any applicable local laws and regulations, and shall exercise all
reasonable professional skills, care and diligence in discharge of said work. Consultant
shall in all professional matters act as a faithful advisor to MPH&IDB, and will
provide all the expert commercial / technical advice and skills which are normally
required for the class of services for which it is engaged. Consultant, its staffs,
employees shall carry out all its responsibilities in accordance with the best professional
standards. Consultant shall prepare and submit the documents / reports, etc. in due time
and in accordance with the Tender conditions.
10.2.2 Consultant will maintain for the performance of the Contract, personnel as determined
to be responsible for carrying out this job and such persons shall not be replaced or
substituted without written approval of MPHIDB.
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10.3. MPH&IDB'S REPRESENTATIVE
10.3.1 MPH&IDB shall nominate its representative(s) who shall be entitled to act on behalf of
MPH&IDB with respect to any decision it is empowered to make. The bill / invoice of
Consultant will be certified for payment by such representatives.
10.4 CONSULTANT'S REPRESENTATIVE
10.4.1Consultant shall nominate a qualified and experienced person as its representative who
will be the contact person between EMPLOYER and Consultant for the performance of
the Contract. This nomination shall be done within ‘ten [10] days' after the coming
into force of the Contract. Consultant shall notify EMPLOYER in writing prior to the
appointment of a new representative. Consultant's representative may be replaced only
with EMPLOYER’s consent after getting approved his CV's from EMPLOYER.
EMPLOYER shall be at liberty to object to any nomination and to require the
Consultant to remove any Consultant’s representative for good causes. Consultant shall
replace immediately such person by a competent substitute at no extra cost to
EMPLOYER.
10.4.2 Consultant's representative shall be entitled to act on behalf of the Consultant with
respect to any decisions to be made under the Contract.
10.5 PAYMENT TERMS
10.5.1 EMPLOYER shall pay for the services rendered as per stipulation in the Tender through
cheque/RTGS. All bank-charges of the Consultant's Bankers shall be to Consultant's
account.
10.5.2. Consultant will invoice EMPLOYER according to the terms and conditions provided in
the Tender.
10.5.3. Payment terms shall be as detailed in "Special Conditions of the Contract".
10.5.4 In case of disputes concerning Invoice(s), EMPLOYER shall return said invoice(s) to the
Consultant within 'fifteen [15] days' from its/their receipt specifying, in writing, the
reasons for its / their rejection.
(i) EMPLOYER shall pay the undisputed amount of the invoice(s) according to
Article-10.5.3 hereof.
(ii) The disputed amount, if any, shall be paid after mutual settlement between
EMPLOYER and Consultant.
(iii) Total or partial rejection of the invoice(s) shall not release the Consultant from
any of its obligations under the Contract.
10.6 PERFORMANCE GUARANTEE:
Consultant shall be required to submit acceptable Bank Guarantee for an amount equal to
5.00% of the consultancy cost towards Performance Security before signing the
agreement. The validity of the Bank Guarantee (s) shall cover entire duration of
consultancy period. The format of the Bank Guarantee (s) shall be got approved by the
consultant from Employer. The Bank Guarantee (s) shall be released after satisfactory
completion of the assignment and defect liability period.
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10.7 CONFIDENTIALITY:
10.7.1 Consultant/MPH&IDB shall treat all matters in connection with the Contract as
strictly confidential and undertakes not to disclose, in any way, information,
documents, technical data, experience and know-how given to him by MPH&IDB /
Consultant without the prior written consent of the later.
10.7.2 Consultant further undertakes to limit the access to confidential information to
those of its employees, implementation-partners who reasonably require the same for
the proper performance of the Contract provided however that Consultant shall
ensure that each of them has been informed of the confidential nature of the
confidentiality and non-disclosure provided for thereof.
10.8. TAXES& DUTIES
10.8.1.Consultant shall pay any and all taxes, duties, levies, etc. which are payable in relation to
the performance of the Contract. The quoted price shall be inclusive of all such taxes and
duties [except Service Tax]. Service Tax shall be reimbursed by MPH&IDB as per
actual.
10.8.2.Statutory variation in taxes [C.S.T., L.S.T., W.C.T., Withholding Tax, Service Tax,
etc.] and duties, if any, within the contractual 'Completion Period' shall be borne by
MPH&IDB. No variation in taxes, duties or levies, other than statutory taxes and duties,
shall be payable.
10.8.3.MPH&IDB shall deduct Income Tax at source at applicable rates.
10.8.4. SERVICE TAX
Quoted prices should be inclusive of all taxes and duties, except Service Tax. Please
note that the responsibility of payment of Service Tax lies with the Employer only. In
case Service Tax is applicable for the Tendered Work, Consultant shall claim the
Service Tax indicating rate of abatement/deduction allowed as per "Service Tax Act"
in the 1st Invoice itself. Consultant providing taxable service shall issue an Invoice, a
Bill or as the case may be, a Challan which is signed, serially numbered, and shall
contain the following:
(a) Name, Address & Registration No. of such Person/Consultant
(b) Name & Address of the Person/Consultant receiving Taxable Service
(c) Description, Classification & Value of Taxable Service provided
(d) Service Tax Amount
Payments to Service Provider for claiming Service Tax amount will be made provided
the above formalities are fulfilled. In case of statutory variation in Service Tax during
currency of the Contract, the Consultant shall submit a copy of the 'Government
Notification' to evidence the rate as applicable on the date of submission of Bid and on
the date of revision. Claim for payment of Service Tax / statutory variation in Service
Tax, should be raised within two [02] months from the date of issue of
'Government Notification' for payment of differential Service Tax, otherwise claim
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in respect of above shall not be entertained for payment of arrears.
10.9. RESOLUTION OF DISPUTES/ARBITRATION
10.9.1. MPH&IDB and Consultant shall make every effort to resolve amicably by
direct informal negotiations any disagreement or dispute arising between them
under or in connection with the Contract.
10.9.2. All disputes, controversies, or claims between the parties [except in matters
where the decision of the "Executive / Engineer-in-Charge [EIC]" is deemed to
be final and binding] which cannot be mutually resolved within a reasonable time
shall be referred to Arbitration. Disputes shall be settled by arbitration in
accordance with the provisions of Madhya Pradesh
MadhyasthamAdhikaranAdhiniyam, 1996 and as amended up to date
10. 10. LEGAL CONSTRUCTION
10.10.1. Subject to the provisions of this Article, the Contract shall be, in all respects,
constructed and operated as an Indian Contract and in accordance with Indian
Laws as in force for the time being and is subject to and referred to the Court of
Law situated at Bhopal (M.P.), India.
10.11. SUSPENSION OF THE PERFORMANCE OF DUTIES AND SERVICES
10.11.1. MPH&IDB may suspend, in whole or in part, the performance of services of
Consultant any time upon giving not less than a fifteen [15] days' notice.
10.11.2. Upon notice of suspension, Consultant shall suspend immediately the services
and reduce expenditure to a minimum to be agreed upon by both the parties.
10.11.3. Upon suspension of the performance of services, Consultant shall be entitled to
reimbursement of the costs which shall have been actually incurred prior to the
date of such suspension.
10.11.4. By fifteen [15] days' prior notice, MPH&IDB may request Consultant to resume
the performance of the services, without any additional cost to MPH&IDB.
10.11.5. If the suspension of the duties and services exceeds 'six [06] months', either party
shall be entitled to terminate Contract according to Article-10.16, hereafter.
10.12. PRICE REDUCTION SCHEDULE [PRS]
10.12.1. In case, the Consultant fails to complete the services within the stipulated period,
then unless such failure is due to force Majeure, as defined in Article-19
hereinafter, or due to MPH&IDB's default, there will be a reduction in the
Contract Price @1/2% (zero point five percent) for each week of delay or part
thereof, subject to a maximum of 10% of the Contract Price.
10.12.2. MPH&IDB may, without prejudice to any methods of recovery, deduct the
amount of such 'PRS' from any money due or which may at any time become due
to Consultant from its obligations and liabilities under the Contract or by
recovery against the 'Performance Guarantee'. Both Consultant and MPH&IDB
50
agree that the above percentage of price reduction are genuine pre- estimates of
the loss / damage which MPH&IDB would have suffered on account of delay /
breach on the part of Consultant and the said amount will be payable on demand
without there being any proof of the actual loss or damage caused by such
breach / delay. A decision of MPH&IDB in the matter of applicability of price
reduction shall be final and binding.
10.13. ASSIGNMENT
Consultant shall not have the right to assign or transfer the benefit and obligations
of the Contract or any part thereof to a third party without the prior expressed
approval in writing of MPH&IDB, which it shall do at its discretion. However, in
event of that, all legal / contractual obligations shall be binding on Consultant
only.
10.14. INDUSTRIAL & INTELLECTUAL PROPERTY
10.14.1 .In order to perform the services, Consultant must obtain at its sole account,
the necessary assignments, permits and authorizations from the titleholder of
the corresponding patents, models, trademarks, names or other protected rights
and shall keep MPH&IDB harmless and indemnified from and against claims,
proceedings, damages, costs and expenses [including but not limited to legal
costs] for and/or on account of infringements of said patents, models,
trademarks, names or other protected rights.
10.14.2. All documents, report, information, data, etc. collected and prepared by
Consultant in connection with the scope of work submitted to MPH&IDB, will
be the property of MPH&IDB
10.14.3. Consultant shall not be entitled either directly or indirectly to make use of the
documents, reports given by MPH&IDB for carrying out of any services with any
third party.
10.14.4. Consultant shall not, without the prior written consent of MPH&IDB, be entitled
to publish studies or descriptive article with or without illustrations or data in
respect of or in connection with the performance of services.
10.15. LIABILITIES
10.15.1. Without prejudice to any express provision in the Contract, Consultant shall be
solely responsible for any delay, lack of performance deficiency in services,
breach of agreement and/or any default under this Contract.
10.15.2. Consultant shall remain liable for any damages due to its gross negligence within
the next 'Sixty [60] months' after the issuance of the provisional acceptance
certificate of the Contract.
10.15.3. The amount of liability will be limited to 5.0% of the Contract value.
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10.16. TERMINATION OF CONTRACT
10.16.1. Termination for Default:
MPH&IDB reserves its right to terminate / short close the Contract, without prejudice
to any other remedy for breach of Contract, by giving one [01] month notice if
Consultant fails to perform any obligation(s) under the Contract, and if Consultant,
does not cure his failure within a period of thirty [30] days' [or such longer period
as MPH&IDB may authorise in writing] after receipt of the default notice from
MPH&IDB.
10.16.2. Termination for Insolvency:
MPH&IDB may at any time terminate the Contract by giving written notice
without compensation to Consultant, if Consultant becomes bankrupt or otherwise
insolvent, provided that such termination will not prejudice or affect any right of
action or remedy which has accrued or will accrue thereafter to MPH&IDB.
10.16.3. Termination for Convenience:
MPH&IDB may by written notice sent to Consultant, terminate the Contract, in
whole or part, at any time for its convenience. However, the payment shall be
released to the extent to which performance of work executed as determined by
MPH&IDB till the date upon which such termination becomes effective.
10.17. MODIFICATION
10.17.1 Any modification of or addition to the Contract shall not be binding unless made in
writing and agreed by both the parties
10.18. CONTRACT AGREEMENT
10.18.1 The notification of award alongwith 'Agreement' on non-judicial stamp paper [of
Madhya Pradesh State, only] of appropriate value as per proforma, within 'fifteen [15]
days' from the date of receipt of "LOA", the cost of stamp-paper is to be borne by
Consultant, and its enclosures shall constitute the Contract between the parties and
supersedes all other prior agreements, arrangements and communications, whether
oral or written, between the parties relating to the subject matter hereof.
10.19. FORCEMAJEURE:
Shall mean and be limited to the following:
(a) War / hostilities
(b) Riots or Civil commotion
(c) Earthquake, flood, tempest, lightening or other natural physical disasters
(d) Restrictions imposed by the Government or other statutory bodies, which prevents or
52
delays the execution of the Contract by Consultant
10.19.1 Consultant shall advise MPH&IDB by a registered letter, duly certified by the local
Chamber of Commerce or statutory authorities, the beginning and end of the above
causes of delay within 'seven [07] days' of the occurrence and cessation of such Force
Majeure conditions. In the event of delay lasting over 'one [01] month', if arising
out of causes of Force Majeure, MPH&IDB reserves the right to cancel the Contract
and the provisions governing termination stated under Article-10.16 shall apply.
10.19.2 For delays arising out of Force Majeure, Consultant shall not claim extension in
completion date for a period exceeding the period of delay attributable to the causes
of Force Majeure and neither MPH&IDB nor Consultant shall be liable to pay extra
costs provided it is mutually established that Force Majeure conditions did actually
exist.
10.19.3Consultant shall categorically specify the extent of Force Majeure conditions
prevalent in their works at the time of submitting their Bid and whether the same
have been taken into consideration or not in their quotations. In the event of any force
majeure cause, Consultant or the MPH&IDB shall not be liable for delays in
performing their obligations under this order and the completion dates will be
extended to Consultant without being subject to price reduction for delayed
completion, as stated elsewhere.
10.20 RECTIFICATION PERIOD
10.20.1 All services shall be rendered strictly in accordance with the terms and conditions
stated in the Contract. No deviation from such conditions shall be made without
MPH&IDB's agreement in writing which must be obtained before any work against
the order is commenced. All services rendered by Consultant pursuant to the
Contract [irrespective of whether engineering, design data or other information has
been furnished, reviewed or approved by MPH&IDB] are guaranteed to be of the
best quality of their respective kinds. Consultant shall rectify at his own cost any
mistake in assumption of any data in the study or use of wrong data or faulty study
observed within 'sixty [60] months' of the acceptance of his report and will submit the
rectified report incorporating the changes wherever applicable within 'thirty [30] days'
of observance of mistake.
10.21 SUB-CONTRACT
10.21.1 Any sub-Contract to be made by the Consultant relating to the services shall be
made only to such extent and with such duly qualified specialists and entities as shall
be approved in writing in advance by MPH&IDB. Upon the request of MPH&IDB,
the consultant shall submit for prior approval, the terms of reference or any
amendment thereof for such sub-Consultant's services. Notwithstanding such
approval, the Consultant shall remain fully responsible or the performance of services
under the Contract.
10.22 NOTICES
10.22.1 Any notice given by one party to the other pursuant to the Contract shall be sent in
writing or by telegram or fax, email, telex/ cable confirmed in writing.
10.22.2 A notice shall be effective when delivered or on the notice's effective date, whichever
53
is later.
10.23 ACQUISITION OF DATA
10.23.1 If required, Consultant shall be responsible for carrying out any surveys and
acquisition of all data from necessary sources. MPH&IDB, if requested in writing
by Consultant, may assist the consultant in the said acquisition by way of
issue of recommendatory letters only. All requisite clearances, coordination, fees,
charges, etc.& compliance to the local laws required for completion of the job shall be
the responsibility of the Consultant.
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11. SPECIAL CONDITIONS OF THE CONTRACT
11.1 GENERAL INFORMATION : The "Scope of Work and Special Conditions of
Contract [SCC]" shall be read in conjunction with the "General Conditions of Contract
[GCC]", "Financial Proposals" and any other document forming part of the Contract,
wherever the context so requires. Notwithstanding the sub-divisions of the documents
into separate sections, each part shall be deemed to be supplementary of every other
part, and shall be read with and into the Contract so far as it may be practicable to do
so. Where any portion of the GCC is repugnant to or at variance with any provisions
of the SCC, unless a different intention appears the provisions of the SCC shall be
deemed to override the provisions of GCC, and shall to the extent of such repugnancy
or variations, prevail. In case of any contradiction, the decision of the
"Employer/Engineer-in-Charge [EIC]" will be final and binding on the Contractor.
11.2 ORDER OF PRECEDENCE :In the case of ambiguity in Financial Proposal,
Special terms, General Conditions of Contract, Scope of work etc., the following order
of precedence will prevail:
a) Fax of Intent / detailed Letter of Award along with statement of agreed
variations and its enclosures and any corrigendum / addendum.
b) Special terms in conjunction with Scope of Work.
c) General Conditions of Contract.
11.3 LOCATION :The bidders are requested to visit the site and accustom themselves
with the actual site conditions.
11.4 COST OF CONSTRUCTION OF THE WORKS :This shall mean the amount(s) of
tender(s) that may be accepted by the employer for award of work.
11.4.1 Cost of construction of works shall not include the following :-
a) Any escalation on any account whatsoever in the amount(s) of the said tender(s)
for the construction of the works that may be paid by EMPLOYER/MPH&IDB.
b) The amount of any deductions from the Contractor(s) bill(s) on account of
defective work or for other reasons.
c) Any payment to local authorities and any other expenditure for or in connection
with obtaining approval of plans, sanction of electrical loads etc.
d) Cost of advertisement for invitation of tenders.
e) Cost of any extra items necessitated due to any faulty planning and / or designs
of the Architects.
f) The fees quoted for the Architectural, Design & project Management
Consultancy will be applicable up to a variation of + 10% of the awarded cost
of construction. Consultant shall neither be paid any extra fees nor will the fees
be deducted up to a variation of + 10% of the awarded cost as compare to
executed cost. However, if the executed cost of each tender package has more
than + 10% variation in comparison to the awarded cost, the additional fees
will be paid / deducted at the quoted rate of fee on pro-rata basis on the amount
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beyond + 10% of the awarded cost subject to a ceiling limit of + 25% of the
awarded cost.
In case, if the work is not executed / abandoned / stopped during any
stage of work then the Architectural / Construction Supervision fees shall
be paid up to the stage of work done as per Clause 11.9.1, “Terms of Payment”
of special conditions of contract of the tender on the basis of the awarded cost
(if the work has not been awarded then on the basis of the approved estimated
cost).
g) The quoted fees shall be inclusive of charges for visit to site, local
transportation and other expenses & all types of taxes, etc. excluding Service
Tax.
11.5 TIME SCHEDULE :
1.01 (a) Preparation of Conceptual Plan (various
options), Sketch Design / Sketch Drawing.
Within 30 days of
notification of award.
1.01(b) Preparation of Various layout plans after
necessary instructions / approval of
MPH&IDB and preparation of
preliminary cost estimate and submission
to MPH&IDB.
Within 45 days of
notification of award.
1.02 Obtaining the approval of Statutory
Authorities (if required) including
coordinating/ liaisoning for getting
necessary approval.
Within 90 days of
notification of award.
1.03 Preparation of final detailed drawing and
detailed estimate including quantity take
off sheets and market rate analysis after
approval of MPH&IDB against Sr. No.
1.01 (b).
Within 120 days of
notification of award.
1.04(a) Preparation of Tender Documents for
inviting tenders from pre-qualified / open
tender.
Within 150 days of
notification of award.
1.04 (b) Scrutiny of tenders received and
submitting recommendations for award of
work after analysis of bids
Within 07 days after price
bid opening, if required by
Employer.
1.05 Issue of detailed working / Good For
Construction Drawings for necessary
execution of work at site including
schedule for carrying out the work.
To be issued along with
award of work and to be
revised as per the progress of
work and as per the
requirement at site.
1.06 Construction Management and
supervision by deploying necessary
technical manpower to ensure planned
progress.
Within 07 days of the award
of the work and till
completion of the work and
closure of contracts.
1.07(a) Completion of project, issue of
Completion certificate, submission of
“As Built drawings”., finalization of
Contractor’s Bill and closing contract
Within 60 days after
completion of the project.
1.07 (b) Obtaining completion certificate and
occupation certificate from local authority
Within 60 days after
completion of the work.
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(if required)
11.6 FINANCIAL PROPOSAL:
11.6.1 The "Financial Proposal" shall be read in conjunction with "Scope of Work and SCC",
GCC and any other document forming a part of this Contract.
11.6.2 EMPLOYER agrees that fees quoted by Consultant and accepted by EMPLOYER shall
be paid to them. In case, any activity, though specifically not covered in the Financial
Proposal, but the same is covered under "Scope of Work and SCC", etc., no extra
claim on this account shall be entertained [as Financial Proposal is to be read in
conjunction with other documents forming part of the Contract].
11.7 VALIDITY OF QUOTED RATES:
The 'quoted / accepted rates' shall remain valid for the entire duration of the Contract,
and no escalation, for whatsoever reason, shall be permissible after award of Contract.
11.8 TAXES AND DUTIES:
11.8.1 The rates quoted in the Financial Proposal shall include all taxes [except Service Tax],
duties, W.C.T., cess, other levies, etc., Employer's share of Provident Fund, insurance
charges, all other levies, etc., as applicable. Employer/ MPH&IDB shall not entertain
any such claim, whatsoever, on this account [except Service Tax]at a later date.
11.8.2 The rates quoted in the Financial Proposal shall be inclusive of all equipments [if any],
supervision, transportation, overheads, profits, etc.
11.9 TERMS OF PAYMENTS:
11.9.1 The Architect’s quoted professional fee for “Architectural Design & Project
Management Consultancy Services” will be paid based on the awarded cost of the work
as accepted by MPH&IDB for award of work..
The following are the mode of payment for various stages (As defined in clause no. 5
of SCC) of work for different sections of work. The stage-wise percentage (%)
payment will be applicable as and when the stage-wise service is completed in all
respect.
No. Stage Percentage
payment of I On completion of Item No: 11.5.1.01 (a) & (b) 10.00%
II On completion of Item No: 11.5.1.02 20.00%
III On completion of Item No: 11.5.1.03 25.00%
IV On completion of Item No. 11.5.1.04 (a) 30.00 %
V On completion of Item No. 11.5.1.04 (b) 35.00 %
VI On completion of Item No. 11.5.1.05 40.00 %
VII On completion of Item No. 11.5.1.06 (as per the
proportionally to the execution of work
85.00 %
VIII On completion of Item No: 11.5.1.07 (a) & (b) 100.00%
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Note:-
1. Percentage of fees initially release on the basis of Probable amount of
Construction Work. The fees so paid on the basis of Probable amount of
Construction work will subsequently be regulated inline with awarded value of
work.
2. If approval is not required from the Statutory Authorities then payments (Fee) for
stage 11.5.1.02 &11.5.1.07 (b) shall be paid on completion of stage 11.5.1.07 (a).
3. Payment against at Sr. No. VI shall be released in monthly installments as per the
progress of work in proportion to IPC of the contractors.
4. If the proposal is only for renovation the payment at Sr. No. I. above shall be
released along with the payment at Sr. No. II only.
11.9.2 Payments shall be released through Cheque/RTGS within fifteen (15) days
of submission of documentary proof/ certification against completion of work,
duly certified by representatives of MPH&IDB.
11.9.3 The bidder should give the details of his bank account to facilitate payment, if payment
is done through e-banking.
11.9.4 Necessary recoveries and all statutory deductions shall be made as per the relevant
rates [as per rules & regulations of Government] from the payments to the Contractor.
11.9.5 PAYMENT TO STATUTORY AUTHORITIES: Any payment / fee required to be
deposit / paid to the Statutory Authority in connection with any statutory permission /
approval, the same shall be borne by MPH&IDB. In case the fee / deposit was made
by the architects, the same shall be reimbursed to Architects on production of
documentary evidence having paid / deposit the fee to statutory authorities in
connection with work.
11.9.6 Remuneration of Professional Staff will be paid on man month basis.
11.9.7 During Defect Liability Period Principal Architect cum Team Leader and Assistant
Engineer (Civil) have to visit the site, monthly and submit their report.
11.10 TAX LIABILITIES:
11.10.1 The prices quoted in the Financial Proposal should be inclusive of all expenses of
transportation, overheads, profits, etc. The same should also be inclusive of all taxes
[except Service Tax], duties, levies, statutory payments, license fees, etc., imposed
by the Government of MP Works Contracts, etc. While quoting the prices, the Bidder
shall take into account all these aspects and no separate payment on any account shall
be payable to the Consultant at a later date.
11.10.2 Consultant shall be liable for timely payment of all taxes, duties & levies
imposed by any Government / Government Department / Agency / Body including
local autonomous bodies from time to time without any extra claim from EMPLOYER.
However, Service Tax payable by the Consultant, if any, shall be reimbursed on
production of receipt thereof. EMPLOYER (MPH&IDB) shall have no liability on
these accounts if Consultant informs EMPLOYER (MPH&IDB) for such liability after
closing of the agreement.
11.10.3 Income Tax deductions shall be made from all payments to the Consultant as per rules
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and regulations in force in accordance with the Income Tax Act prevailing from time to
time. However, Consultant shall be entitled to get the TDS Certificate for the amount
so deducted in the format prescribed by the 'Income Tax Department'.
11.11 DEVIATION:
Tender must be submitted without making any additions /alterations. The bidders shall
submit quotation based strictly on terms and conditions and specifications contained in
the Tender Document and not to stipulate any deviations. Deviations in any manner
against any clauses of this tender document are not allowed and any such deviation
if indicated any where will render the offer non- responsive and shall liable to be
rejected .
NOTE: The right to accept the offer will rest with the EMPLOYER. MPH&IDB,
however, does not bind himself to accept the lowest offer and reserves to itself the
Authority to reject any / all the offers received without assigning any reason
whatsoever.
11.12 LIABILITIES:
The Consultant shall be responsible for any discrepancies, errors or omissions in the
drawings, prepared and supplied by them whether the same shall have been
approved by Employer or not which shall not be treated as extra work as Upon
employer’s request, Consultant shall promptly rectify the deficiency by
amending/ replacing/supplementing the deficient drawings/documents as appropriate
at their own expense or else it may be treated as sufficiency in services as per clause
8.2 of scope of work..
11.13 AGREEMENT:The Architect / Consultant shall enter into an Agreement with
EMPLOYER. The proforma for Agreement is enclosed. This will be on a non-judicial
stamp paper of appropriate value the cost of which will be borne by Architect /
Consultant.
11.14 FAULTY DESIGN
In case there is any loss or collapse of structure due to the faulty design, drawings,
calculations and specifications, the Architect shall make good these losses from the
total fees payable. The decision of MPHIDB in this regard shall be final and binding on
consultant.
11.15 ENGINEER-IN-CHARGE [EIC]
11.15.1“EMPLOYER HC / Chief Engineer of MPH&IDB" shall nominate the "Engineer-in-
Charge [EIC]" for the work under the Contract.
11.15.2 The EIC shall look after general supervision and directions of the work. He will be
authorized to stop the work with due permission of EMPLOYER, whenever such
stoppage may be necessary to ensure proper execution of the Contract. He shall also
have authority to reject all works, which do not conform to the specifications.
11.15.3 The Engineer-in-Charge EIC, with due permission of EMPLOYER reserves the right to
59
suspend the work or part thereof at any time and no claim whatsoever on this account
shall be entertained. In case of any dispute, the Contractor may appeal to EMPLOYER,
whose decision shall be final and binding on the Consultant/Contractor.
11.15.4 The decision of EMPLOYER for determining the category of work with reference to
material of an item not mentioned in the Financial Proposal shall be final and binding
on the Consultant.
11.16 SUPERVISION OF WORK
The Architect shall be fully responsible for the soundness of the design of the works
including that of specialized Consultants engaged by him and also for the progress and
quality of works carried out by various contractors at site. They shall ensure by
continuous supervision and inspection of works, as may be necessary, that the works
are carried out strictly in accordance with the approved drawings and specifications
issued by them and as per owner’s instructions issued in writing from time-to-time.
11.17 WORKING HOURS
Work may be carried out on all days of the week, including Sundays & Holidays
(excluding restricted Holidays), and extra hours including nights. If contractor carried
out work in shifts to achieve the project completion schedule, Consultant has to arrange
staff, deployed for the work, accordingly. Consultant should ensure that all the safety
precautions have been followed by the contractor during the execution of the work.
11.18 LODGING, BOARDING & TRANSPORTATION: Lodging, Boarding &
Transportation shall be arranged by the Consultant at his own cost.
11.19 IDENTITY CARDS
The Consultant shall issue 'Identity-Cards' of their personnel to be deployed
inside premises, which shall be required to display prominently during the period of
their stay within the premises and the 'Identity- Cards' shall have the information as
demanded by EMPLOYER MPRDC authorities.
11.20 COMPLETION CERTIFICATE & FINAL BILL
11.20.1 The "Engineer-in-Charge EIC" shall normally issue to the Contractor, the "Work
Completion Certificate" within one (01) month after receiving an application through
Consultant thereof from the Contractor after verifying from the completion documents
and satisfying himself that the work has been completed in all respect in accordance
with the instructions, specifications of the Contract documents. However, it is the
responsibility of the Consultant to recommend for issuing the certificate after ensuring
the completion work in all respect.
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11.21 ADHERENCE TO SAFETY REGULATIONS
11.21.1All the Contractor's personnel as well as the personnel of Consultant, who would be
deployed inside the workplace, should strictly follow all safety rules and regulations.
They should be well-conversant with the safety precautions to be followed in the
workplace. The Consultant shall abide by the advice and guidance of the Safety-
Officer in the workplace. In addition, the Contractor/ Consultant shall follow all
Safety-Codes framed from time to time. Smoking inside the workplace premises is
strictly prohibited. No Contractor's/ Consultant’s personnel are allowed to possess
match boxes, lighters, cigarettes, biddies, transistors, or any other material which may
cause fire hazards.
11.21.2Contractor/ Consultant shall also ensure that all existing and amended Fire & Safety
rules / policies of MPH&IDB are strictly observed in the services rendered by him.
Contractor/ Consultant have to strictly adhere to guidance, instructions issued from
time to time in this regard. Any violation on this account shall be the Contractor's/
Consultant’s responsibility.
11.21.3EMPLOYER will not be responsible for any accident / mishap with the Contractor's/ /
Consultant’s employees. The Contractor/ Consultant shall take necessary action for his
employees in case of any incidents.
11.21.4EMPLOYER shall not provide any medical assistance and shall have no other liability
whatsoever except as expressly provided under the Contract.
11.22 TERMINATION OF AGREEMENT
The Agreement with Architect / Consultant may be terminated at any time on one
month’s notice by EMPLOYER without assigning any reason, therefore, such
termination notwithstanding, the Consultant shall be entitled to remuneration in
accordance with Clause No.11.5 for works actually done by them.
11.23 OTHER SERVICES & CONDITIONS
11.23.1If due to any reason on the part of the Employer, the work is abandoned/extended the
Architect/Consultant shall be paid for such a period for which services are rendered/are
to be rendered by them as per the Clause-9.1 work done as per Terms of Special
Conditions of Contract. Payment stages specified in Clause 11.9.1. For any incomplete
stage, suitable payment based on pro-rata efforts put in by the consultant shall be
payable. The decision of the Employer Engineer-in-Charge in this matter shall be final
and binding.
11.23.2The Architect/ Consultant shall be fully responsible to the Employer with regard
to the designs, specifications and soundness of the works executed by the Contractor
as per plans.
11.23.3If at any time during the currency of this Contract, the performance in whole or part by
the Architect, or any obligation under this Contract is prevented or delayed by
reasons of any destructive acts of country’s enemy, Civil commotion, sabotage,
fires, floods, explosion, epidemic or acts of God and provided notices of the
happening or any such event are given to the Employer by the Architects within 21
days from the date of occurrence thereof, the Architects shall not be held responsible
61
for delay occurring due to the above mentioned events and shall be paid as per 11.22
above.
11.23.4If the Employer deviates substantially from the approved scheme which involves for its
proper execution then extra services, expenses and extra labour/efforts on the part of
the Architects for making changes and additions to the drawings, specifications of
other documents, the Architects shall be reasonably compensated on the basis of man-
hour or man-days spent by the Architects except for situations arising out of clause no.
1.12 of SCC . The decision of the Engineer-In-Charge in finalizing such payments
shall be final and binding.
11.24 ALL OTHER TERMS &CONDITIONS OF THE CONTRACT SHALL BE AS
PER "GENERAL CONDITIONS OF CONTRACT (GCC)
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12. APPENDICES
12.1 APPENDICES -1
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
Bank Guarantee no. ………………. Date …………………
Name of Beneficiary: MP Housing &Infrastructure Development Board
WHEREAS ___________________ [Name and address of Consultants]1 (hereinafter called “the
consultants”) has undertaken, in pursuance of Contract No._________________dated _________ to
provide the services on terms and conditions set forth in this Contract ___________________ [Name of
contract and brief description of works) (hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee; NOW
THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Consultants up to a total of ___________ [amount of Guarantee] ____________________[in words],
such sum being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil or argument,
any sum or sums within the limits of __________________[amount of Guarantee] as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We
hereby waive the necessity of your demanding the said debt from the Consultants before
presenting us with the demand. We further agree that no change or addition to or other
modification of the terms of the Contract or of the services to be performed there under or of any
of the Contract documents which may be made between you and the Consultants shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification. The liability of the Bank under this Guarantee shall not be affected by
any change in the constitution of the consultants or of the Bank. Notwithstanding anything
contained herein before, our liability under this guarantee is restricted to Rs.__________
(Rs.__________________) and the guarantee shall remain valid till ________. Unless a claim or a
demand in writing is made upon us on or before ____________ all our liability under this
guarantee shall cease. This guarantee shall be valid until 5 year after the date of issue of the
complition Certificate.
Signature and Seal of the Guarantor ____________
In presence of
Name and Designation 1._____________________ 2. __________________
Signature