PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
INDUSTRIAL EXTENSION BUREAU (A Government of Gujarat Undertaking)
BID DOWNLOADING
28/02/2012 TO 20/03/2012
UP TO 4:00 PM
PRE BID MEETING 07/03/2012 AT
11.00 AM
LAST DATE OF ONLINE BID SUBMISSION
20/03/2012 up to 5 PM
LAST DATE OF PHYSICAL DOCUMENT SUBMISSION
20/03/2012
UP TO 5:30 PM
DATE OF TECHNICAL
BID OPENING
20/03/2012 AT 5:35PM Onwards
PRESENTATION
PLACE AND TIME SHALL BE INTIMATED SEPARATELY
RFP/iNDEXTb/Mahatma Mandir/2012/01
REQUEST FOR PROPOSALS FOR PROJECT MANAGEMENT CONSULTANCY
FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B AT,
GANDHINAGAR - PHASE 1 B WORKS
INDUSTRIAL EXTENSION BUREAU (A Govt. of Gujarat Organization) Block No. 18, 2nd Floor, Udyog Bhavan,
Sector - 11, Gandhinagar - 382 010
Phone: 91-79- 23250492/93, Fax: 079-232 50490,
Email: [email protected], Website: - www.indextb.com
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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TABLE OF CONTENTS
Sr.
No. Description Page No.
1. Expression of Interest and Introduction to project 3-7
2. Section 1-Letter of Invitation 8
3. Section 2-Instruction to PMC including Data Sheet and Evaluation
Criteria of Technical Proposal
9-23
4. Section 3 Technical Proposal Standard Forms 24-34
5. Section 4 Financial Proposal Standard Forms 35-39
6. Section 5 Terms of Reference 40-48
7. Section 6 Draft Form of Contract Agreement and General Condition of
Contract
49-66
8. Annexure I & IV 67-68
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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INVITATION FOR EXPRESSION OF INTEREST
PMC FOR EPC PROJECT ON CONSTRUCTION OF MAHATMA MANDIR CONVENTION
CENTER, GANDHINAGAR, GUJARAT.
INDUSTRIAL EXTENSION BUREAU (A Government of Gujarat Undertaking)
Subject: Online bids are invited for Project Management Consultant for EPC PROJECT ON
CONSTRUCTION OF MAHATMA MANDIR CONVENTION CENTER AT, GANDHINAGAR
- PHASE 1 B WORKS.
Dear Sir(s),
Online Bids are invited from PMCs or firms having experience of minimum Seven years in
handling Projects and having permanent qualified Engineers in related fields for Development and
Construction of Mahatma Mandir Convention Centre at Gandhinagar - PHASE 1 B WORKS.
The bidder will be required to provide sufficient technically qualified and experienced staff at site
for providing the required level of service. Based on the information supplied in the RFP, firms
would be short-listed and only the short listed (Technically Qualified) firms would be invited to be
present at the time of opening of financial proposal. The final selection of the firm would be based
on the Quality and Cost Based Selection (QCBS) procedure described in the RFP. The weightage
given to Technical Proposal and Financial Proposal would be 70 % and 30 % respectively
Joint Venture/Association is not allowed.
Tender document can be downloaded up to 28/2/2012 to 20/3/2012 up to 4:00 pm from
www.nprocure.com . Demand Draft for EMD of Rs. 16,00,000/- (Sixteen Lacs only ) and Tender
fee of Rs. 10,000 (Ten Thousand only) (Non Refundable) shall be submitted in electronic format
only through online (by scanning) while up loading the bid. This submission shall mean that EMD
and tender fees are received, accordingly offer to those shall be opened whose EMD and tender
fees is received electronically. However for the purpose of realization of DD, PMC shall send the
DD in original through RPAD or hand delivery so as to reach to The Managing Director,
iNDEXTb on or before 20/03/2012 up to 5:00 pm of Technical submission online. Penetrative
action as per government circular 10/2008/5/S/Part file dated 27/11/08 for not submitting EMD and
by bidder shall be invited. PMC has to submit the Entire Technical bid (Scanned and Submitted
online only) in hard copy which includes the Prequalification documents mandatory to qualify in
separate envelop on or before the online submission date and time. Spiral bound form, loose form,
etc. will be not accepted. In the event, any of the instructions mentioned herein have not been
adhered to, Employer will reject the proposal.
For online submission of the bids, prospector bidders may need to have valid digital
signatures/keys. For more details on the same, please visit
https://www.ncodesolutions.com/contact.asp or contact on phone number 079- 4000 7323.
The Employer will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, the Employer shall not be responsible for any delay in receiving the Proposal
and reserves the right to accept/reject any or all applications without assigning any reason
thereof. The firm(s) must include in their RFP the following information:
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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• The overall and similar type of experience of the firm. Bidder should provide evidence having
one work completed of supervision, monitoring & certification as PMC as a prime consultant
should have covered and completed minimum value of a single work not less than 50 Crore
INR. Satisfactory Completion Certificate by Owner or Employer or Employer shall have to be
furnished as a documentary proof.
• Experience of the firm(s) in the required area of consultancy (minimum Seven years
experience essential). • Summary of permanent professional employees and/or resource persons indicating the nature
of specialization, qualifications and experience considering requirements specified in earlier
paragraph. The CVs of key personnel proposed to be deployed on this assignment along with
documentary proof of qualification and experience; their written consent and availability shall
also be furnished.
The key personnel for this consultancy are the Team Leader preferably MBA with Civil
Engineering having minimum 20 years experience in relevant field, the Civil Engineers, the
Quality Engineer-Civil and relevant field, Structural Engineer, Mechanical Engineer,
Electrical Engineer, HVAC Engineers, Acoustic/Sound Engineer, Safety Officer,
Environmental Engineer and B.Sc Agriculture/Horticulture Engineer.
Bidders should ensure submission of complete information/ documentation in the first
instance itself. Short listing may be completed based on the details so furnished without
seeking any subsequent additional information. The Managing Director INDUSTRIAL EXTENSION BUREAU
Block No. 18, 2nd
floor, Udyog Bhavan,
Sector - 11, Gandhinagar - 382 017
Phone: 91-79-2325 6009, 2325 0492/93
Email: [email protected],
Website: - www.indextb.com Yours Sincerely,
(Authorized Signatory)
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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Introduction of project. 1. Source of funds
Project will be funded by Government of Gujarat and its Nodal Organization.
2. Brief Description of Project
iNDEXTb has already Selected Agency for EPC work on turnkey basis for Mahatma Mandir
Convention Center Phase 1 B works at, Gandhinagar.
Selection Procedure for bidders would be based on Quality Cost Based System. Detailed Technical
Presentation will have to be made by prequalified bidders.
The Presently Stipulated time limit for completion of concerned Mahatma Mandir Convention
Center (Phase 1 B) works is December, 2012.
Proposed Project Requirements for Phase -1 B Works under EPC Scope
AREA STATEMENT
Sr.No Project Components Nos. Area (Sq.Mt.)
1 Food Court 1 Ground Floor 3066
First Floor 2996
Mezzanine Level 115
6177
2 Infotainment Center 1 Ground Floor 929
First Floor 208
1137
3 Photo Gallery 1 Ground Floor 3521
First Floor 3109
Mezzanine Level 115
6745
4 Office Area 1 Ground Floor 762
First Floor 691
1453
5 Public Area
Food Court Mezzanine Level 115
Photo Gallery Mezzanine Level 115
230
6 Central Plaza 1 Ground Floor 11460
First Floor 371
11831 Total Built Up Area 27573 Roof Area 20008
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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JUST FOR REFERENCE
The above Scope of Works generally includes:
The EPC Contractor’s scope of services shall also include the following:
• Civil Works
• Mechanical and HVAC Works
• Electrical Works
• Interior, Ambience and Furniture Works
• Water Supply and Drainage System
• Infrastructural Developments.
• Landscape and Beautification Works
• Audio Visual and Acoustic Works
• Safety Operations like Fire Fighting Systems Development and related all statutory
compliance
• Environmental Aspects and social safeguards
• Green Building requirements and its compliance
3. The objective and description of the Assignment-
The main objective of this assignment is implementation, project monitoring and supervision of
Execution of work for Mahatma Mandir Convention Center – Phase 1 B Works at Gandhinagar.
The detailed description of services is mentioned in Terms of Reference. The main objective of the
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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assignment is to achieve high quality construction works to be carried out in full compliance of
approved design, specifications and other stipulations of the EPC contract documents within the
specified time demonstrating the efficiency of supervision by External agency as detailed out in
TOR.
4. Project Implementing Agency
The Industrial Extension Bureau which has been set up as a Government Organization shall be the
Nodal agency on behalf of Government of Gujarat for the project. It has appointed Professional
Advisor /Engineer In Charge and will now appoint Project Management Consultant with related
stipulated scope for day to day supervision, coordination, quality assurance, project monitoring and
Third Party Inspection, and bill payments.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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1. SECTION I
Letter of Invitation For Technical Proposals and Financial Proposals
Ref. No.: Dated: / /
…………………………………….. [Contact Person & Designation]
…………………………………….. [Name of Firm & Address]
Dear Mr. /Ms. ______________________
Project I.D.NO. --------/INDIA/ PMC FOR EPC PROJECT ON CONSTRUCTION OF MAHATMA MANDIR CONVENTION CENTER – PHASE 1 B WORKS.
1. Industrial Extension Bureau. (iNDEXTb) - herein after referred to as the “Employer” invites
Proposals for the PMC Services.
2. The background information and Terms of Reference for the Consulting services are provided
in Section 5 of the Request for Proposal (RFP).
3. This RFP has been addressed to the PMCs by Employer. It is not permissible for you to transfer
this invitation to any other consulting firm.
4. The RFP includes the following documents:
Section 1 Letter of Invitation
Section 2 Instructions to bidders including Data Sheet and Evaluation
Criteria of Technical Proposal
Section 3 Technical Proposal Standard Forms
Section 4 Financial Proposal Standard Forms
Section 5 Terms of Reference [TOR]
Section 6 Draft Form of Contract Agreement and General Conditions of Contract. 5. You are requested to acknowledge receipt of this letter of invitation within seven days of receipt
to the undersigned by facsimile with clear indication whether you intend to submit a proposal.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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SECTION- 2
INSTRUCTIONS TO PMC
CONTENTS
A -Instructions to PMC
B -Data Sheet
C -Evaluation for Technical Proposal
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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2. SECTION
A. INSTRUCTIONS TO PMC
2.1. INTRODUCTION
Definitions
(a) “Employer” means Nodal Agency/ Client i.e INDUSTRIAL EXTENSION BUREAU
(iNDEXTb). Undertaking the task of development of such project for strengthening and
enchancing the overall related infrastructure of Gujarat
(b) “Consultant” means any entity or person that may provide or provides the Services to the
Employer under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents listed in its
Clause 1 that is the General Conditions (GC), the Special Conditions (SC) and the Appendices.
(d) “Professional Advisor” shall mean the agency appointed by the Govt. of Gujarat/Employer or
its body to assist in preparing conceptual layout, tender preparation, evaluation of the agency,
approval of all drawings and design, Site Inspection and assist in contractual matters related to
appointing the Contractor & PMC for said project and assist in any other contractual matters
arising during ongoing works as directed by Employer.
(e) “Data Sheet” means such part of the Instructions to Consultants used to reflect specific
assignment conditions.
(f) “Day” means calendar day.
(g) “Government” means the Government of Gujarat / India.
(h) “Instructions to PMC” (Section 2 of the RFP) means the document which provides the
interested PMC with all information needed to prepare their Proposals.
(i) “Personnel” means 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.
(j) “Proposal” means the Technical Proposal and the Financial Proposal.
(k) “RFP” means the Request for Proposal prepared by the Employer for the selection of
Consultants.
(l) “Services” means the work to be performed by the Consultant pursuant to the Contract.
(m) “Sub-Consultant” means any person or entity/ Experts with whom the Consultant subcontracts
any part of the Services.
(n) “Terms of Reference” (TOR) means 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 assignment.
2.1.1. Bidder/s should familiarize themselves with local conditions and take them into account in
preparing their Proposals. To have an idea of the assignment and local conditions, Bidders
are encouraged to visit the site as well should have complete detailed review of
stipulated works or requested to contact any of the following officers at the address given
below:
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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Sr.
No. Name Designation Address Phone Email
1. Shri
Mukesh
Kumar
Managing
Director INDUSTRIAL
EXTENSION
BUREAU, Block No.
18, 2nd
floor, Udyog
Bhavan
Sector - 11, Gandhinagar-
382 017
91-79-232 0492/93 (Fax) 79-23250490
2. Shri
Kalpesh
Sheth
Assistant
General
Manager
(Projects)
-As above- -As above- [email protected]
om
3. Mrs.
Reshma
Shah
Project
Coordinator CEPT University,
Kasturbhai Lalbhai
Campus, University Road,
Navrangpura, Ahmedabad
–380 009
91-79-26302470 (Fax) 26302075
reshma.cept@gmail.
com
2.1.2. Bidder/s shall bear all costs associated with the preparation and submission of their
Proposals. Costs might include site visit, collection of information, and if selected,
attendance at contract negotiations.
2.1.3. 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.
2.1.4. 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.
2.1.5. The assignment mentioned herein is intended to be job and time oriented. The 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.
2.1.6. 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 negotiations
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 contractor.
2.1.7. 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.
2.1.8. 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
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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2.1.9. 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.
2.1.10. The EMD of Rs. 16,00,000/- (Rupees Sixteen Lacs Only) as a Lump sum in form of
Demand Draft or Bank Guarantee of any Nationalized Bank or private banks namely IDBI,
HDFC, ICICI and AXIS Bank having its office at Gandhinagar shall be furnished in favor
of Industrial Extension Bureau payable at Gandhinagar which shall be converted into
Security Deposit for successful bidder. EMD of the unsuccessful bidder shall be returned
within 30 days of the day of contract awarded to the successful bidder.
2.1.11. The EMD is liable to be forfeited if successful Bidder fails to execute the agreement
within 10 Days from the date of Letter of Acceptance.
2.1.12. PMC cannot include current employees of Central & State Government as their resource
personnel/experts. If PMCs nominate any Government employee retired within last two
years as experts in their Technical Proposal, such expert(s) must have written approval
from their Government.
2.1.13. 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.
2.1.14. The Data Sheet indicates how long Consultants’ Proposals must remain valid after the
submission date. During this period, Consultants shall maintain the availability of
Professional staff nominated in the Proposal. The Employer will make its best effort to
complete negotiations within this period. Should the need arise, however, the Employer
may request Consultants to extend the validity period of their proposals. Consultants who
agree to such extension shall confirm that they maintain the availability of the Professional
staff nominated in the Proposal, or in their confirmation of extension of validity of the
Proposal, Consultants could submit new staff in replacement, who would be considered in
the final evaluation for contract award. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals, with valid reasons for which employer’s
decision shall be final & binding to the contractor.
2.2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS
2.2.1. Bidder/s may request a clarification of any of the RFP documents prior to pre-bid meeting
indicated in the Data Sheet. Any request for clarification must be sent in writing to the
address indicated in the Data Sheet. These would be clarified at the pre-bid meeting without
identifying its source.
2.2.2. 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
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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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 which he
receives prior to holding of Pre-Bid Meeting.
2.2.3. Pre-bid meeting shall be convened on 07/03/2012 11.00 AM in the Conference Hall,
iNDEXTb, 2nd
Floor-Block no.18, Udyog Bhavan, Gandhinagar. It will be essential for
the Bidders to attend the Pre-Bid Meeting so as to understand and clarify any issues
related to Bid and related works.
2.2.4. The purpose of the meeting shall be to clarify issues and to answer questions on any matter
that may have been raised by the prospective bidders in writing and received by the
Employer’s office.
2.2.5. Non-attendance at the Pre-bid meeting will not be a cause for disqualification of the bidder.
Amendment to RFP
2.2.6. At any time before the submission of Proposals, the Employer may, whether at its own
initiative, or in response to a clarification requested by a short listed firm, or in response to
queries raised at the pre-bid meeting amend the RFP by issuing an addendum. The
addendum shall be sent to all short listed Bidder/s and will be binding on them. To give
Bidder/s reasonable time in which to take an amendment into account in their Proposals, the
Employer may at its discretion, if the amendment is substantial, extend the deadline for the
RFP submission.
2.3. PREPARATION OF THE PROPOSAL
2.3.1. A Bidder’s Proposal (the Proposal) will consist of two (2) components
(i) The Technical Proposal, and
(ii) The Financial Proposal
2.3.2. All related correspondence exchanged by the Bidder/s would also form part of the Proposal.
2.3.3. 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.
2.3.4. 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.
2.4. ELIGIBILITY CRITERIA
Bidders seeking pre-qualification shall meet the following minimum Eligibility & Pre-
qualification Criteria.
2.4.1. The Bidder should be working as Project Management Consultant to Govt. /Semi Govt.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 14
organization or MNC’s for a period not less than 7 years.
2.4.2. Average Annual Turnover of last 3 years, for the similar works shall not be less than Rs.
5.00 Crores.
2.4.3. The Bidder shall have experience of working as PMC for single similar work amounting
not less than Rs. 50.00 crores in last five years.
2.4.4. The Bidder should submit the certificates showing their satisfactory performance for at
least five similar works as per stipulated scope of works enlisted in bid for completed
works.
2.5. THE TECHNICAL PROPOSAL
General
The Technical Proposal shall not include any financial information and any Technical Proposals containing financial information shall be declared non-responsive.
Technical Proposal Format and Content
2.5.1. The Technical Proposal shall contain information indicated in the following
paragraphs from (i) to (xi) using the Standard Technical Proposal Forms (Section 3).
The bidder must provide such information. (i) A brief description of the organization and outline of recent experience (last 7 years) of
the PMCs on assignments of a similar nature as stipulated in bid is required in Form TECH-1. For each assignment, the outline should indicate inter alia, the assignment, Project Cost and the Consultant’s involvement. Assignments completed by individual experts working privately or through other consulting firms cannot be claimed as the experience of the Consultant, or that of the Consultant’s Associate(s), but can be claimed by the individuals themselves in their CVs. Bidder/s should be prepared to substantiate the claimed experience if so requested by the Agency.
(ii) A concise, complete, and logical description of how the Consultant’s team will carry out
the services to meet all requirements of the TOR in form TECH-2 supported by form
TECH-3.( Work plan time schedule in Form F-3 & approach or methodology proposed for
carrying out the required work in TECH-2a) (iii) Comments, if any, on the TOR (to be given in Form TECH - 2) to improve performance
in carrying out the assignment. Innovativeness will be appreciated, including workable suggestions that could improve the quality/effectiveness of the assignment. In this regard, unless the Consultant clearly states otherwise, it will be assumed by the Employer required to implement the work and any such improvements, are included in the inputs shown on the Consultant’s Staffing Schedule (Form TECH- 2b).
(iv) A work plan showing in graphical format (bar chart) the timing of major activities,
anticipated coordination meetings, and deliverables such as reports required under the
TOR (Section – 5).
(v) A Staffing Schedule (Form TECH-2b) indicating clearly the estimated duration in terms
of person-months (shown separately for work in the field and in the main office for each activity) and the proposed timing of each input for each nominated expert, including main office experts (if required) using the format shown in Form TECH – 2b. The schedule shall also indicate when main office experts are working in the site office.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 15
(vi) An organization chart indicating relationships amongst the Consultant and any Associate(s) involved in the assignment.
Personnel (vii) The name, age, background employment record, and professional experience of each
nominated expert, with particular reference to the type of experience required for the assignment should be presented in the CV format shown in Form TECH-4. A summary should be given in Form TECH – 5.
(viii) All nominated experts must be Indians Nationals. Only one CV may be submitted for
each position.
(ix) The Employer requires that each expert confirm that the content of his/her Curriculum
Vitae (CV) is correct and the experts themselves should sign the certification of the CV.
However the employer may accept a senior officer of the Consultant signing the CVs on
behalf of the experts. If, for valid reasons, the experts are unable to do so, and the
Consultant’s Proposal is ranked first, copy of the CVs signed in blue ink by the experts
concerned must be submitted to the employer prior to commencement of contract
negotiations. The majority of the key professional staff proposed must be permanent staff
of the firm. “Permanent Staff means the candidate had been employed with the Firm for a
minimum period of 1 (One) year. More weightage shall be given to the personnel
employed with more years with the firm. Photocopy Unsigned CV shall not be
evaluated.
(x) All the personnel shall have working knowledge of English and all the reports etc shall be
written in English
These personnel will be rated in accordance with:
(a) General qualifications
(b) Adequacy for the project (suitability to perform the duties for this assignment. These
include, length of experience on fields similar to those required as per terms of
reference, type of positions held, time spent with the firm etc)
(c) Their language and the experience in the Gujarat region
(d) Involvement in skills transfer program.
(xi) A zero rating will be given to a nominated expert if (a) The CV is not signed. (b) The expert is a current employee of Government of India/ any State Government /
Union Territory. As a checklist to ensure all these requirements have been complied with, Bidder/s are
required to complete the “Summary of Information on Proposed Experts”, Form TECH-5.
2.6. FINANCIAL PROPOSAL
2.6.1. All information provided in the PMCs’ Financial Proposal will be treated as confidential
unless otherwise specified. The Financial Proposal should list all costs associated with the
assignment. These normally cover : Remuneration for staff (Main office and Site
office), office accommodation, transportation (mobilization, demobilization, local),
equipments (vehicles, office equipment, furniture and supplies), communication facilities
and preparation of reports in requisite number of copies.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 16
2.6.2. The Financial Proposal must be submitted in hard copy using the format shown in Section
4. The Financial Proposal requires completion of three forms namely FIN-1, FIN-2, FIN-3 (i) Forms FIN-1 and FIN-2 shown in Section 4 relate to the costs of consulting services
under two distinct categories, namely: (a) Remuneration, and (b) Out-of-Pocket Expenditures.
(ii) Remuneration is divided into billing rate estimates for expert of PMCs; out-of-pocket
expenditures are divided costs for other out-of-pocket expenditure items required to perform the services.
2.6.3. Form FIN-3 summarizes the proposed cost(s) and the figures provided therein will be read
out aloud at the opening of Financial Proposals.
2.6.4. The amounts stated under provisional sums in the Financial Proposal must be the exact
figures as specified in the Data Sheet for these cost categories. Also, the list of experts, and
their respective inputs, identified on Form FIN-1 must match the list of experts and their
respective inputs shown in the Staffing Schedule in Form TECH-4 of the Bidder/s’
Technical Proposal. No proposed schedule of payments should be included in PMCs’
Financial Proposals. The payment schedule will be as per General Conditions of Agreement
as finalized by iNDEXTb.
2.6.5. Amounts payable to the Consultant by the employer may be subject to local taxes.
It is the responsibility of the Consultant to determine the estimated taxes payable and take
such amounts into account, as appropriate. All such taxes shall be deemed to be included in
the Bidder/s’ Financial Proposal.
Please note that the cost of preparing a proposal and of negotiating a contract including visits to iNDEXTb, Gandhinagar, if any is not reimbursable as a direct cost of the assignment.
iNDEXTb shall reimburse only Service Tax. Consultant has to assess all other Taxes and should inbuilt them in their financial proposal. These taxes (other than service tax) should not be provided separately. Please note that the remuneration, which you receive from the contract, will be subject to normal tax liability in India. Kindly contract the concerned tax authorities for further information in this regard if required.
2.6.6. The financial proposals shall be prepared to cover the tasks mentioned in the TOR and also
the tasks required to be carried out in order to meet the objectives.
2.7. SUBMISSIONS, RECEIPT AND OPENING OF PROPOSALS
2.7.1. The original proposal shall be prepared in indelible ink. The Proposal (both Technical and
Financial Proposals) shall contain no interlineations or overwriting, except as necessary to
correct errors made by Bidder/s. The person(s) who signed the Proposal must initial any
such corrections, interlineations or overwriting.
2.7.2. An authorized representative of the Consultant shall initial all pages of the Technical &
Financial Proposal. The letter of authorization must be confirmed by a written power of
attorney accompanying the proposals.
2.7.3. The Technical Proposal to be sent to the employer shall be placed in a sealed envelope
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 17
clearly marked “TECHNICAL PROPOSAL.” Similarly, the Financial Proposal shall be
placed in a sealed envelope clearly marked by red felt pen “FINANCIAL PROPOSAL” and
with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” The envelopes
shall be placed into an outer envelope and sealed. The outer envelope shall bear the
submission address, reference number and title of the Project. The outer envelope shall also
contain EMD as described. If the Financial Proposal is not submitted by the Bidder/s in a
separate sealed envelope and duly marked as indicated above, this will constitute grounds
for declaring both the Technical and Financial Proposals non-responsive.
2.7.4. The bids should be submitted in hard bound form with page numbering and index. Any
additional information shall also be furnished by the bidder in hard bound form with proper
indexing and page numbering. The details submitted in other forms like spiral bound form,
loose form etc would be rejected.
2.7.5. Proposals must be delivered at the indicated Employer’s submission addresses on or before
the time and date stated in the Data Sheet or any new date established by the employer.
2.8. PROPOSAL EVALUATION General
2.8.1. From the time the Proposals are opened to the time the contract is awarded, the Consultant
should not contact the employer on any matter related to its Technical and/or Financial
Proposal. Any effort by a Consultant to influence the employerin examination, evaluation,
ranking of Proposals or recommendation for award of contract shall result in rejection of
the Bidder/s’ Proposal. Evaluation of Technical Proposals
2.8.2. A PMC’s Selection Committee (SC)/ Professional Advisor constituted/appointed by
iNDEXTb will be responsible for evaluation and ranking of Proposals received.
2.8.3. The SC/ Professional Advisor evaluates and ranks the Technical Proposals on the basis of
Proposal’s responsiveness to the TOR using the evaluation criteria and points system
specified in the Data Sheet. Each Technical Proposal will receive a technical score.
A Proposal shall be rejected if it does not achieve the minimum technical mark of
75%.
2.8.4. A Technical Proposal may not be considered for evaluation in any of the following cases: (i) The Technical Proposal was submitted in the wrong format; or (ii) The Technical Proposal included details of costs of the services; or (iii) The Technical Proposal reached the employer after the submission closing time and date
specified in the Data Sheet.
2.8.5. After the technical evaluation is completed, the employer shall notify the bidders whose
Proposals did not meet the minimum qualifying technical mark or the bidders whose
Technical Proposals were considered non-responsive to the RFP requirements, indicating
that their Financial Proposals will be returned unopened after completion of the selection
process. The employer shall simultaneously notify, in writing the bidders whose Technical
Proposals received a mark of 75% or higher, indicating the date, time, and location for
conducting presentation and opening of Financial Proposals.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 18
2.8.6. Qualified bidders are expected to make presentation on their proposed methodology and
approach for overall execution of the concerned assignment before the Committee
Constituted by Government of Gujarat for the final selection. The Committee will select the
agency by giving 70% weight age on the technical/evaluation score and presentation
score presented before it and 30% weight age to the price bid. Based on this exercise
one bidder will be finally selected and the Committee if required will further negotiate
and finalize the price. The bidder shall come with his laptop and a CD for
presentation.
2.9. OPENING AND EVALUATION OF FINANCIAL PROPOSALS Opening of Online Financial Proposals
2.9.1. Bidder’s representative is encouraged to be present at the time of opening of Financial
Proposal. At the opening of Financial Proposals, Consultant representatives, who choose to
attend, will sign an Attendance Sheet. (i) The marks of each Technical Proposal that met the minimum marks of 75% will be read
out aloud. Eligible bidders shall have to secure minimum 60% marks for qualification in technical Presentation.
(ii) Financial Bid will be opened only for qualified bidder after evaluating Technical Presentations.
(iii) The Employer’s representative shall prepare minutes of the bid opening including the
information disclosed to those present in accordance with this sub clause.
Evaluation of Financial Proposals
2.9.2. The Employer will subsequently review the detailed contents of each Financial Proposal
during the examination of Financial Proposals, the employer staff / Professional Advisor
and any others involved in the evaluation process will not be permitted to seek clarification
or additional information from any Consultant who has submitted a Financial Proposal.
2.9.3. Financial Proposals will be reviewed to ensure that the figures provided therein are
consistent with the details of the corresponding Technical Proposal (e.g. personnel schedule
inputs, etc.).
2.9.4. The commercial terms in each Financial Proposal will be checked for compliance with the
requirements set forth in the Data Sheet. For instance the validity period of the employer’s
Proposals must accord with the validity period set down in the Data Sheet.
2.9.5. Financial Proposals will be checked for computational errors or material omissions, and
prices will be corrected and adjusted as necessary.
2.9.6. The total price (TP) for each Technical and Financial Proposal will be determined.
2.9.7. The lowest Financial Proposal (Fm) will be given a financial Score (Sf) of 100 points. The
financial scores (Sf) of the other Financial Proposals will be computed as follows: Sf = 100
x Fm / F (F is the amount of Financial Proposal).
Where,
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 19
Sf is the financial score of the price proposal being evaluated.
Fm is the TP of the lowest priced proposal
F is the TP of the Price proposal under consideration.
The lowest evaluated price proposal will receive the maximum score of 100 marks.
2.9.8. 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 [Evaluation score
and presentation score]; P = the weight given to the Financial Proposal; T + P = 1) indicated
in the Data Sheet; S = St x T% + Sf x P%. The firm achieving the highest combined score
(S) will be invited for negotiations.
2.10. NEGOTIATIONS
2.10.1. Negotiations will be held at the address indicated in the Data Sheet. Representatives
conducting negotiations on behalf of the Consultant must have written authority to
negotiate technical, financial, and other terms and conclude a legally binding agreement.
2.10.2. The technical negotiations cover the Consultant’s Technical Proposal, including the
proposed technical approach and methodology, work plan, staffing schedule, organizational
arrangements, and any suggestions made by the Consultant or the employer to improve the
implementation of the assignment. Negotiations will not result in substantial modifications
to either the Consultant’s Technical Proposal or the TOR.
2.10.3. The financial negotiations will generally fine-tune duration of expert’s inputs and
quantities of out-of-pocket expenditure items may be increased or decreased from the
relevant amounts shown or agreed otherwise, in the Financial Proposal. Unless exceptional
circumstances exist, the details of experts’ remuneration and specified unit rates for out-of-
pocket expenditures will not be subject to negotiations.
2.10.4. The consultant shall confirm the modifications made in his proposals in writing within
three days of conclusion of negotiations.
2.10.5. If contract negotiations are unable to be concluded for any reason, the employer will, at
its discretion, commence negotiations with the second lowest bidder.
2.10.6. During negotiations the PMCs must be prepared to furnish the detailed cost breakup and
other clarifications to the proposals submitted by him, as may be required. If the
negotiations with this consultant are successful, the award will be made to him and all other
bidders shall be notified.
2.11. CONFIDENTIALITY Information relating to evaluation of Proposals and recommendations concerning contract
award shall not be disclosed to bidders who submitted Proposals or to other persons not officially concerned with the recruitment process until the successful firm has been notified and contract awarded.
2.12. AWARD OF CONTRACT
Award Criteria
Following completion of evaluation of Technical proposal and Price proposals, final
ranking of the proposals will be determined. This will be done by applying weight age of
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 20
0.70T [ or 70 percent] and 0.30P [or 30 percent] respectively to Technical Score, Technical
Presentation and Financial score of each evaluated qualifying Technical and Financial
Proposal and then computing the relevant combined total score for each bidder. Eligible
bidders shall to secure minimum 60% marks for qualification in Technical presentation.
2.13. CONTRACT COMMENCEMENT DATE The Data Sheet indicates the anticipated date for the commencement of the contract
services.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 21
B. DATA SHEET
Information to Consultant
Package No: RFP/iNDEXTb/Mahatma Mandir/2012/01 State: Gujarat
Sr. No. Name of work : Project Management Consultancy for EPC of
Mahatma Mandir Convention Centre Phase-1
B works at, Gandhinagar.
1. Estimated Project Cost : Rs. 160,00,00,000.00 INR
2. Source of Funds : Government of Gujarat through its Nodal
Agency
3. The Employer/ Nodal Agency : iNDEXTb
4. Representative/Contact Person and
Address of the Employer/
Communication
: The Managing Director
INDUSTRIAL EXTENSION BUREAU Block No. 18, 2nd floor, Udyog Bhavan
Sector - 11, Gandhinagar – 382 017
Ph: (079) 2325 6009, 2325 0492/93
Email: [email protected]
Website: - www.indextb.com
5. Tender fee : Rs.10,000.00 (Rupees Ten Thousand only) by
cash or by Demand Draft of Nationalized
Bank or private banks namely IDBI, HDFC,
ICICI and AXIS Bank payable at
Gandhinagar in favour of Industrial Extension
Bureau.
6. Earnest Money Deposit : Rs.16,00,000.00 (Rupees Sixteen Lacs only)
by Demand Draft or Bank Guarantee of
Nationalized Bank or private banks namely
IDBI, HDFC, ICICI and AXIS Bank payable
at Gandhinagar in favour of Industrial
Extension Bureau.
7. Project Implementation Period : 15th
March, 2012 to March, 2013. Minimum
12 months from start of construction.
8. Consultancy period : Project Implementation period as mentioned
above + Defects Liability period of 24
Months.
9. Issue of Bid documents : From 28/02/2012 to 20/03/2012 up to 4.00
PM
10. Place of issue of documents : As per 4 above
11. Bid Validity : Ninety (90) days from due date for
submission of bid.(From Dt:20/03/2012)
12. Pre-bid meeting : 07/03/2012 at 11.00 am in conference hall of
iNDEXTb.
13. Submission of Bid : Up to Dt.20/03/2012 up to 5:30 PM At the
above address mentioned in Sr.No:4
14. Opening of the Technical Bids (Date &
time)
: Dt. 20/03/2012 at 5:35 PM onwards
15. Place of Opening of Bids : As per above Sr.No. 4
16. Evaluation of Technical Bids : As per Evaluation criteria
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 22
17. Technical Presentation : To be finalized by iNDEXTb
18. Security Deposit : EMD shall be converted in to SD and retained
as SD still submission of final report from
PMC.
19. Performance Security : 5% of Accepted Consultancy cost in form of
Bank Guarantee of any Nationalized Bank as
per Clause No:5.9
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 23
C. Evaluation for Technical Proposal
The numbers of points to be given under each of the evaluation criteria are:
Sr.No. Criteria Weightage
(i) Qualification of the Proposer 35
(a) Overall Experience 10
(b) Experience in similar nature of works. 25
(ii) Approach and methodology (Understanding of Objective and Progress
monitoring, Quality of Methodology: proposed for supervision, testing of
materials). Indicate Infrastructure support like equipments, available
software etc.
15
(iii) Personnel (Area of Expertise) 50
(a) Team Leader (MBA/M.E. preferably with B.E.Civil minimum 20 years
experience in relevant field) (1 No) ( 10 Marks/ 1 No)
10
(b) Resident Civil Engineers (B.E.Civil with Minimum 15 years
experience in relevant field) (2 No’s) At least One Resident Civil Engineer
should have relevant Master’s degree. ( 5 Marks/ 1 No)
10
(c) Site Engineers ( B.E.Civil with Minimum 5 years experience) ( 3 No’s)
( 3 Marks/ 1 No)
09
(d)Mechanical Engineer (B.E.Mechanical with Minimum 10 years
experience in relevant field) (1 No) ( 3 Marks/ 1 No)
03
(e) Electrical Engineer (B.E.Electrical with Minimum 10 years experience
in relevant field) (1 No) ( 3 Marks/ 1 No)
03
(f) HVAC Engineers ( Graduate Engineer with Minimum 10 years
experience in relevant field) (1 No) ( 3 Marks/ 1 No)
03
(g) Acoustic/Sound Engineer (Graduate Engineer with Minimum 10 years
experience in relevant field) (1 No) ( 3 Marks/ 1 No)
03
(h) Safety Officer (Minimum 10 years experience in relevant field) (1 No)
( 3 Marks/ 1 No)
03
(i) Environmental Engineer (Graduate Engineer with Minimum 10 years
experience in relevant field) (1 No) ( 3 Marks/ 1 No)
03
Total Points 100
The minimum Technical score required to qualify is: 75 Points
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 24
3. SECTION- 3.
TECHNICAL PROPOSAL STANDARD FORMS
CONTENTS
FORM TITLE
Annexure II : Format of Covering Letter
Form TECH-1 : Major works during last five years
Form TECH-1a : Additional attachment of details of each work.
Form TECH-2a : Approach on Methodology for performing the assignment and
comments on TOR
Form TECH-2b : Work program and time schedule for key personnel/ staffing
schedule
Form TECH-2c : Work plan time schedule
Form TECH-3 : Composition of Team Personnel and Task Assignment
Form TECH-4 : Curriculum Vitae (CV) format to be submitted with the Proposal
Form TECH-5 : Summary of information on proposed experts
Form TECH-6 : Audited Turn over and other financial data of last five years
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 25
ANNEXURE -II
FORMAT OF COVER LETTER TO TECHNICAL PROPOSAL:
FROM: TO: [Name & Address of the Consulting Firm] [Name & Address of the Agency]
Sir,
Subject: PMC Engagement (PMC) for Development and Construction of Mahatma Mandir
Convention Center – Phase 1B Works at, Gandhinagar.
Regarding Technical Proposal
1. I/We …………………… the undersigned, offer to provide the consulting services of the
above Project I.D. No. [________] in accordance with your request for proposal dated
[________]. I/We am/are hereby submitting my/our proposal, which includes this
technical proposal, and a financial proposal sealed under separate envelopes. The EMD
for Rs. [_________] furnished in the form of a DD or Bank Guarantee from the [Name of
the bank, branch] is also enclosed. The EMD is valid up to [Date].
2. I/We have submitted my/our offer for the following PMC in a participating Development
and Construction of Mahatma Mandir Convention Center – Phase 1 B works.
3. If negotiations are held during the period of validity of the proposal, i.e. before [Date], or
extended date _____ for valid reasons. I/We undertake to negotiate on the basis of the
proposed staff. My/Our proposal is binding upon me/us and subject to modifications
resulting from contract negotiations.
4. I/We understand that you are not bound to accept any proposal you receive.
Yours Faithfully,
Signature
Full Name :
Designation :
Address :
(Authorised Representative)
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 26
Form TECH-1
MAJOR WORKS DURING LAST FIVE YEARS
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.
Please provide information on each reference assignment for which the applicant under his
supervision must have completed a single construction/EPC project of same scope of work not less
than Rs. 50 Crores in last Five years.
Outline of recent experience on assignments of similar nature.
Sr.
No.
Name of
Assignment
Name
of
Project
Owner of
sponsoring
authority
Cost of
Assignment
Date of
Commencement
Date of
Completion
Was
Assignment
satisfactorily
completed
1 2 3 4 5 6 7 8
• Provide a copy of Satisfactory Completion Certificate from the Employer. Only those
studies would be considered for the evaluation for which the documentary proof i.e.
Employer Satisfactory Completion Certificate have been provided.
• Please provide additional Information in addition to the above information as per
Form TECH-1a for each project.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 27
Form TECH-1a
MAJOR WORKS DURING LAST FIVE YEARS
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.
The following information should be provided in the format below for each reference assignment
for which your firm, either individually as a corporate entity was legally contracted in addition to
Form TECH-1.
Assignment Name: Country:
Location within Country : Professional Staff Provided by your
firm:
Name of Employer : No. of Staff :
Address : No. of Staff – Months, duration of
assignments
Start Date
(Month / Year)
Completion Date
(Month / Year)
Approx. Value of Services : (in Indian
Rupees) :
Name of Associated Consultants, if any
:
No. of months of Professional Staff,
provided by Associated Consultants:
Name of Senior Staff (Project Director / Coordinator, Team Leader) involved and
functions performed:
Narrative Description of Project :
Description of Actual Services Provided by your Staff: (Consultancy for
implementation and supervision of operations and maintenance works).
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 28
Form TECH-2a
APPROACH ON METHODOLOGY PROPOSED FOR PERFORMING THE
ASSIGNMENT AND COMMENTS ON TOR
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.
[Technical approach, methodology and work plan are key components of the Technical Proposal. You
are suggested to present your Technical Proposal (50 pages, inclusive of charts and diagrams) divided
into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your understanding of the
objectives of the assignment, approach to the services, methodology for carrying out the activities and
obtaining the expected output, and the degree of detail of such output. You should highlight the
problems being addressed and their importance, and explain the technical approach you would adopt
to address them. You should also explain the methodologies you propose to adopt and highlight the
compatibility of those methodologies with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their content
and duration, phasing and interrelations, milestones (including interim approvals by the Employer),
and delivery dates of the reports. The proposed work plan should be consistent with the technical
approach and methodology, showing understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents, including reports, drawings, and tables to be
delivered as final output, should be included here. The work plan should be consistent with the Work
Schedule of Form TECH-2b.
c) Organization and Staffing. In this chapter you should propose the structure and composition of your
team. You should list the main disciplines of the assignment, the key expert responsible, and proposed
technical and support staff.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 29
Form TECH-2b
WORK PROGRAM AND TIME SCHEDULE FOR KEY PERSONNEL/ STAFFING
SCHEDULE
Months
Name Position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Number
of
Months
Total
Activities and Duration
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Field Full Time: _________ Part Time: ____________
Report Due: ____________
Activities Duration: _____________
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 30
Form TECH-2c
WORK PLAN TIME SCHEDULE A. Field Investigation
Month wise Programme
Sr Item 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th
B. Completion and submission of reports:
1. Inception Report
2. Interim Status Report as indicated under TOR
3. Draft Final Report
4. Final Report
5. Contractor’s Bill verification
• Indicate all main activities of the assignment, including delivery of reports (e.g.: inception,
quarterly, monthly and final reports), and other benchmarks such as Employer approvals
• Duration of activities shall be indicated in the form of a bar chart.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 31
Form TECH-3
COMPOSITION OF TEAM PERSONNEL AND THE TASK, WHICH WOULD BE
ASSIGNED TO EACH TEAM MEMBER
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.
a. Office Based Experts ……………………………………………………………………………………………………… S.No. Name Position Task assigned ………………………………………………………………………………………………………
1.
2.
3.
4.
…………………………………………………………………………………………………….. b. Project Site Based Experts
……………………………………………………………………………………………………… S.No. Name Position Task assigned
……………………………………………………………………………………………………… 1.
2.
3.
4.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 32
Form TECH-4
CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH PROPOSAL
ONE FOR EACH EXPERT (ONLY ONE CANDIDATE SHOULD BE NOMINATED FOR
EACH POSITION)
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.
(Please follow exactly the following format. Omission will be seen as noncompliance)
1. Proposed position for this project :
2. Name :
3. Date of Birth :
4. Nationality :
5. Personnel Address :
Tel. No. :
Fax. No. :
Email address :
6. Education (The years in which
various qualification obtained must
be stated
:
7. Other Training :
8. Language & Degree of Proficiency
(Indicate proficiency in speaking,
reading, writing of each language
by excellent, good, fair and poor)
:
9. Membership in Professional Bodies :
10. Experience with Organization
From To
Project and Task assigned
11. Employment Record
From
To (Starting with present position, list in reversed order
every employment held and state the start and end
month/year of each employment.)
Employer
Position held description of duties
CERTIFICATION
I, the undersigned, certify that to the best of my knowledge and belief, this Bio-data correctly
describes my qualifications, my experience, and me. I understand that any willful mis-statement
described herein may lead to my disqualification or dismissal, if engaged.
I have been employed or associated by [name of the firm] continuously/project base for the last
(__) months/years.
Signature
Date:
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 33
Form TECH-5
SUMMARY ON INFORMATION ON PROPOSED EXPERTS
Sr
No
Expertise
Discipline
viz
Civil/Elect
etc
No. of
post
Graduate
experts
No of
Graduate
experts
Experience
Experience in this Company
Remarks
Above
20
years
Between
15 to 20
years
Between
10 to 15
years
Below
10
years
Above
15
Between
10 to 15
Between
5 to 10
Below
5
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 34
Audited Financial Data : Form-TECH-6
Name of Applicant:
Applicants should provide financial information to demonstrate that they meet the requirements.
Each applicant must fill in this form. If necessary, use separate sheets to provide complete banker
information. A copy each of the audited balance sheet for the last five years should be attached.
Summarize actual assets and liabilities in INR for the previous five years.
Financial information
in INR
Previous five years
2010-2011 2009-2010 2008-2009 2007-2008 2006-2007
1. Total assets
2. Current assets
3. Total liabilities
4. Current liabilities
5. Profits before taxes
6. Profit after taxes
7. Depreciation
8. Net worth
9. Annual turnover
Specify proposed sources of credit line to meet the cash flow demands of the Work.
Source of credit line Amount in Rs.
1.
2.
3.
Attach audited financial statements for the last five years
Firms owned by individuals, and partnerships, may submit their balance sheets certified by a
registered accountant.
Attach Certificate(s) issued by any Bank or Financial Institution for available credit to the Lead
partner.
Name of banker:
Address of banker:
Telephone: Contact Name &Title:
Facsimile: TELEX:
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 35
4. SECTION- 4.
FINANCIAL PROPOSAL STANDARD FORMS
CONTENTS
FORM TITLE
Annexure III : Format of Covering Letter
Form FIN-1 : Remuneration: Proposed billing rates for experts
Form FIN-2 : Out-of-Pocket expenditure proposed
Form FIN-3 : Summary of Cost Estimates
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 36
ANNEXURE –III
FORMAT OF COVER LETTER TO FINANCIAL PROPOSAL:
FROM: TO: [Name & Address of the Consulting Firm] [Name & Address of the Agency]
Sir,
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center-
Phase 1 B Works.
Regarding Financial Proposal
1. I/We …………………… the undersigned, offer to provide the consulting services of the
above Project in accordance with your request for proposal dated [________] and my/our
proposal. My/Our attached financial proposal is for the sum of [Amount in words and
figures]. This amount is inclusive of all taxes (except service tax), levies.
2. My/Our financial proposal shall be binding upon me/us subject to the modifications
resulting from Contract negotiations, up to expiration of the validity period of the proposal
or the date extended by me/us i.e. [Date].
3. I/We certify that I/we have not engaged any Agents, nor I/we have paid any fee to any
Agent for procuring this consulting service.
4. I/We understand that you are not bound to accept any proposal you receive.
Yours Faithfully,
Signature
Full Name :
Designation :
Address :
(Authorised Representative)
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 37
Form FIN-1
REMUNERATION: PROPOSED BILLING RATES FOR EXPERTS
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center-
Phase 1 B Works.
Minimum Expected Project duration is 14 months.
Technical Staff
Expert’s Name Position Rate Rs.
(Per Month)
Months Total Rs.
Supporting Staff
Name Position Rate Rs.
(Per Month)
Months Total Rs.
Total Cost Rs.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 38
Form FIN-2
OUT OF POCKET EXPENSES
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center-
Phase 1 B Works.
Project duration is minimum 14 months.
Sr.No.
Description
Unit
Unit
Cost
Rs.
Qty.
Cost Rs.
1. Travel for Mobilization and Demobilization
2. Miscellaneous Travel Expenses
3. Overheads
4. Report preparation, production
5. Provisional Sums
6. Equipments
7. Purchase books of specifications/codes
8. Holding of Training and workshops
9. Other Costs
Total Cost Rs.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 39
Form FIN-3
SUMMARY OF PROPOSED COST
PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.
Sr.
No.
Description Cost Rs. %age derived of
the Project Cost
1. FIN-1. Remuneration to Professional
Personnel & Support Staff
2. FIN-2. Out of Pocket Expense
3. Total of 1 & 2
4. Add Service Tax
5. Fee or Profit
Total (3+4+5) Cost in Figure
Total Cost in Words
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 40
5. SECTION- 5.
TERMS OF REFERENCE FOR PMC (PMC)
5.1. The Consultant:
5.1.1. The services of the PMC may be provided by a consulting firm (Consultant) with adequate
experience in the relevant field. The consultant will provide the staffing as indicated in
Clause 5 of TOR, though in preparing their proposals the PMCs may propose alternative
arrangements that, in their opinion, will provide service of an equivalent quality. The final
staffing would be adjusted to suit the actual work and implementation schedule.
5.1.2. The Consultant will be engaged by the iNDEXTb by inviting Technical & Financial Offers.
5.2. Procedure for Engaging Consultant:
iNDEXTb shall engage the PMC by,
(i) Inviting Expressions of Interest.
(ii) Technical Evaluation by a Committee
(iii) Selection by Quality and Cost Based Selection (QCBS) procedure.
5.3. Implementation Arrangements:
5.3.1. The PMC would be attached to iNDEXTb for co-ordination, reporting and payment
purposes.
5.3.2. Status of all the activities entrusted to the Consultant would be reviewed through
Fortnightly meetings at iNDEXTb’s Office at Gandhinagar and monthly Regional Review
Meetings at site. Corrective actions as identified during such meetings would be required to
be taken by the Consultant.
5.4. Scope of Work
Industrial Extension Bureau iNDEXTb is desirous of appointing an Agency for Project
Management Consultancy (PMC) Services for the purpose of availing service / consultancy
assistance to Engineer-in-Charge of Projects by providing comprehensive services of complete day
to day supervision, monitoring and management of the works, project, quality assurance ,bill
certification and payments etc., for various functional facilities adhering to the respective contracts
execution of work as per the approved drawings, specifications duly following extant procedures of
Employer/Professional Advisor and also subject to such further variations and modifications as the
Employer may decide from time to time. The Consultant has to provide all service assistance to
Engineer-in-Charge/Employer of work with respect to all activities for administering/management
of the contract for the works of projects.
The above services shall be provided by the PMC for all activities within EPC Contractor’s Scope
of works for stipulated project. Majorly as;
• Survey and Soil Testing
• Civil Construction
• Mechanical and HVAC Works
• Electrical Works
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 41
• Interior, ambience and Furniture Works
• Water Supply and drainage System
• Infrastructural Development like Roads, Pathways, and Street Lights
• Landscape and Beautification Works
• Audio Visual and Acoustic Works
• Safety Operations like Fire Fighting Systems Development
• Environmental Aspects
• Overall Testing of all Facilities/Materials
THE VARIOUS ACTIVITIES BROADLY INVOLVED IN THE ABOVE SAID SERVICES
ARE:
Monitoring, Planning, Progress Reviewing and Co-ordination
• To review Planning, Scheduling and Implementing of detailed construction programs with
stipulated milestones framed by EPC bidder to complete the project in time and
indicate/srcutinse any works likely to be delayed or disrupted in written to Employer/Engineer-
In charge/Professional Advisor after a careful study and ensuring timely completion of project
by 15th
Nov’2012.
• To co-ordinate with the Engineer-in-charge / Employer / Professional Advisor/Contractor for
all works related to Entire Project
• To Study & scrutinize approved drawings and point out discrepancies if any, as also to ensure
incorporation by the Contractor.
• Documentation of all project related matters, including minutes of different meetings.
• To monitor complete implementation of detailed tender documents for each category of works,
like Civil works, Structural works, Electric works, HVAC, Plumbing Services, Sound Systems,
Material Testing requirement and other services completely within the EPC Contractor’s scope
of work and as directed by Employer.
• Preparation of periodical reports relating to time, cost and quality as directed by Employer.
• Ensure that the Employer and the Contractor abide by the Conditions of Contract.
• Check all the stipulated items of Work by EPC Contractor and estimation of BOQS.
• PMC should prepare cash flow charts and update budget estimate as per actual execution and
keep Employer informed on all changes prior to implementation and execution of works if any.
• Scrutinizing, the construction methods proposed by the Contractor for carrying out the works to
ensure that these are satisfactory with particular reference to the technical requirements and
deployment of plant and machinery, project implementation schedule and environment aspects
as well as safety of works, personnel and the general public.
In case the work is held up for more than 7 days, the representative of the PMC/Engineer will
report and work for Liasoning and coordination from the office of iNDEXTb:, for which no
additional fee will be payable to the PMC
Construction Supervision
• Shall physically verify all dimensions of site and ensure that they are as per approved drawings.
Discrepancies shall be notified to the Employer/Engineer in charge/Professional Advisor
immediately. Shall be responsible to maintain the dimension at site as per the approved
drawings.
• Shall study all approved drawings, Contract Agreement, Specifications etc. and ensure
implementation at site.
• Shall be responsible for overall monitoring of the construction.
• Shall be responsible for to deploy requisite number of qualified and experienced Engineers
(Civil, Water Supply and Sanitary, Structural, Mechanical and Electrical, Material testing based
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 42
on scope of works) at site on full time basis to supervise the day to day works and also shall be
responsible for monitoring of the progress of work as per approved drawings, construction
procedures and practices and to ensure quality in day to day work as per specifications and
standards.
• Shall be responsible for checking all the construction activities involved in project.
• Checking all the measurements recorded in the bill prepared by contractor at site with respect
to approved drawings and to certify the accuracy. If in case, it is necessary to take
measurements at site and record and finalize, certify the bills, the PMC shall also do so to make
timely payment for the works done.
• The PMC shall check the bills submitted by the contractor and certify the accuracy within
maximum 14 days or as stipulated in EPC bid from the date of receipt of bill from Contractor
by the Engineer-in-charge/Employer.
• If bills/measurements are not submitted by the Contractor, the PMC shall take measurements
jointly with Contractor’s representative, record them in measurement books (MBs) directed by
Employer and obtain contractor’s signature in token of acceptance & prepare bills. Hidden
measurements, which cannot be recorded after completion shall be recorded before covering up
the work. Minimum ten percent of such measurements will be got checked by Engineer-in-
charge.
• On completion of work, the PMC shall have the responsibility to finalize and certify the bills
for work as per actual execution.
• The PMC should settle the final bill immediately as per EPC bid after completion of Project
after complete rectification of notified defects by Contractor.
• Shall be responsible to verify day to day consumption of cement in the work and shall see that
the cement used in work is as per the theoretical requirement.
• Shall preserve field books and measurement books by completion of project or as advised by
Employer/Engineer- in-charge /Professional Advisor.
• 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. PMC shall ensure that all such policies remain in force
throughout the execution of project as applicable and as stipulated in Bid.
• Shall ensure safety of structure by taking all necessary precautions and by not allowing
excessive construction loads on floors and shall avoid such other factors, which will endanger
the safety of structure during construction.
• Shall take custody of objects of value and antiquity found on site during excavation or
otherwise and handover to Employer official.
• Shall keep a track of permissions required from local authorities and get revalidated whenever
necessary.
• Shall ensure the 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.
• The PMC shall make their own arrangements at no extra cost to the Employer for
instruments/equipments such as total station/theodolites, leveling instruments, prismatic
compass, chain, measuring tapes, plain tables and ranging rods, such other equipments.
• Suggest modification, if any, due to site conditions and advise reasoned justification of cost
variations on account of resultant extra items and excess supported by proper analysis.
• Check and review the test results/certificates of all construction material and or sources of
material and enforce the contractor to undertake additional tests as necessary to assess the
quality of works and shall monitor test reports and frequency of testing as per tender
stipulations and as approved by Professional Advisor.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 43
• Monitor the variations and deviations from the original designs, concept and work order and
keep the Employer informed including obtaining prior approvals from the Employer whenever
required.
Quality Control
• Monitor the quality of the work, material testing – its reports & frequency and control the
quality as per specification, relevant codes and as per sound engineering practices.
• Maintain the registers for mandatory tests to be conducted for all materials before incorporation
in work. The guidelines may be taken from the Engineer in charge regarding the registers to be
maintained.
• Inspect and approve the materials at site as per specifications before they are used in work.
• Shall be responsible for obtaining good workmanship with respect to lines, levels and plumb at
all stages of work with reference to working drawings and shall ensure correct dimensions of
all elements.
• Shall ensure that work proceeds as per tender conditions and specifications. All material
brought to site shall be of approved quality and make, rejected material is removed from site
and work executed is of high standard, good workmanship and desired quality.
• Evolve and implement a system for the quality assurance of the works. The system of control
of quality of material and completed works shall also include sampling method and acceptance
criteria. The sampling method and the acceptance criteria shall be based on statistical methods
and the recommendations of the relevant IS codes and State R&B specifications.
• To co-ordinate and ensure compliance of action on the reports of Quality monitoring.
Site Co-ordination
• 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. PMC will be required to submit periodic reports
concerning quality standard and progress of the project.
• To co-ordinate between the Employer and Contractors in all matters relating to obtaining
approved construction drawings from Professional Advisor.etc.
• To submit preliminary completion report, defect liability completion report, final job
completion report to the Employer.
• The PMC shall in accordance with and as required by the terms of Agreement or agreements
entered or to be entered into between Employer on one part, and the contractor or contractors
on the other part certify after the verification that the work measured and stipulation in the
specifications, drawings and Bill of Quantities prescribed in the contract agreement entered into
with the Contractor (s) are in order. In the matter of approving such bills, the PMC shall
confirm adherence to the rules and instructions issued by Employer and intimate to the
Employer, guarantee and correctness of all such certificates and shall hold themselves
responsible for the correctness of all bills and certificates issued, scrutinized or checked by
them, as to the quality of the work concerned as well as the quantities of various items of
works. Before certifying any bill PMC shall ensure that the work being certified is, in general
in accordance with the designs.
• Shall check periodically the quantities recorded for various items and keep watch on excess /
shortage. PMC shall account for all variations in tender quantities with respect to execution
drawings and submit a report. Shall assess impact of excessive quantities on the cost of project
and wherever felt necessary by Employer, prepare a Running Summary of Cost for perusal of
Employer/Engineer-in-Charge /Professional Advisor. PMC shall obtain approval from
Employer/Engineer-In-charge/Professional Advisor if the additional quantities outside the
scope put to tender are likely to arise prior to giving permission to Contractor to go ahead with
the work.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 44
• The PMC will, on submission of Contractor’s bill, verify the measurements at site and
recommend for the bill certification. Verification and Recommendation of bill by PMC shall be
forwarded to the Professional Advisor appointed by iNDEXTb who will further scrutinize the
received bill documents on random basis and then payment certificate shall be recommended
by Professional Advisor. Entire Bill Certification works shall be carried out within stipulated
time limit in EPC bid in accordance with quality of work executed and in compliance with
stipulated specifications.
• Shall co-ordinate with all agencies working at site, liaison with local authorities for proper
permissions / commencement certificate / completion certificate, etc.
• Shall submit detailed physical and financial progress reports once every month or as desired by
Employer/Professional Advisors in standard Performa approved by Employer/Engineer-in-
charge/Professional Advisor
• Detailed fortnightly reports will include physical progress, no. of test carried out along with
their results as well as summary of observations made during the fortnight. It will list the audit
points in respect to various activities & rectification required. It shall also highlight the
weaknesses observed, recommended remedial measures and degree of compliance of the audit
points raised in earlier visits. The consultant shall prepare a separate report on the progress of
work.
• Shall advise Employer with regard to extra claims / disputes / Chief Technical Examiner’s
observations / Arbitration cases between Institute and the Contractors, in any and assist
Employer in case of any dispute till the cases are resolved either by mutual negotiation or
through arbitration or court, as the case may be.
• Shall suggest modifications, if any, due to site conditions and advise reasoned justification of
cost variations on account of resultant extra items and excess supported by proper analysis.
• Shall provide construction supervision to the works assigned.
• Shall scrutinize bills of agencies after recording measurements in MB’s and recommend
payment to agencies by preparing final bills, as per direction of Engineer-in-
Charge/Employer/Professional Advisor.
• Keep a check on the operating staff so as to insure that all the systems are operated to the
satisfactory level.
• Prepare a checklist to monitor satisfactory performance of all the services as defined in Scope.
• Prepare list of shortcomings in day- to- day operation of each system.
• Get the shortcomings rectified through the operating staff.
• Shall get the system functional to the optimal level for maximum energy saving.
• Shall monitor the implementation of any alteration / addition based on the inputs from
Professional Advisor to optimize utilization.
• Shall maintain a record of all the preventive and routine maintenance so as to avoid breakdown
of the system.
• The Engineer shall ensure strict compliance of the Agreement by Contractor concerned with
their respective work.
• Prepare and present monthly progress reports to the Employer/Engineer-in-charge/Professional
Advisor, containing description of project activities.
• Shall assist the Employer/Engineer-in-charge in interpreting the Technical Specifications;
• Shall evolve a system of Quality Assurance of works;
• Shall assist the Employer in administering the Contract Maintenance System;
• Shall approve materials, and ensure that the quality of the works is in accordance with the
contractual specifications;
• Shall assist ‘Employer’ to order the removal of improper/substandard works;
• Shall advise and assist the ‘Employer’ with respect to the arbitration, the appeal of arbitration
or litigation relating to the works, whenever required;
• Obtain integrated as built up drawings, incorporating the details of various works actually
executed.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 45
• Obtain guarantee certificate, maintenance manuals from specialist agencies and compile them
in a easily understandable for future reference.
• Prepare a integrated housekeeping, operation and maintenance manual for proper upkeep of the
premises.
• Assist Employer in settlement of the Contractor’s account.
• Assist Employer in settlement of any extra/excess items if any.
5.5. Staffing and Other Inputs:
5.5.1. The Consulting firm will be expected to provide the following personnel for the indicated
duration. The durations given are indicative and subject to variation by agreement between
the Consultant and the iNDEXTb. The PMCs team composition and inputs are shown
below.
5.5.2. Staffing Schedule
Actual requirement of the staff to be employed by the PMC would depend upon the extent of the
work. For example –
Sr.
No.
Designation
Schedule
1. Team Leader – 1 Nos. Team Leader should visit the site at least once in a
week during construction period. He should
inspect the project once in two months during
defect liability period.
2 Project Engineer/Resident Engineer
(Civil, Structural,)
Should be available at all the works regularly
(daily day and night during time when work is in
progress)
During execution.
3 Site Engineer (Electrical, Mechanical,
Expert in Sound Systems, Environment
Engineer, Horticulture)
Should be available at site during execution of
work
4 Site Engineers –Minimum three (Civil) Should be available at site during execution of
work
After award of the contract the Employer expects all the proposed key 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 exceptional circumstances
(such as death and/or extreme nature of ailment for which Medical Certificate shall be produced
from Hospital/Nursing Home).
5.6. Facilities:
The Consultant will have to make his own arrangements for office, utilities, accommodation and
transport and should include cost of all these elements in his Financial Offer. It is necessary to set
up site office in Gandhinagar in the vicinity of project site.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 46
5.7. Reports: The consultant will prepare and submit the following reports (as given below) to the Employer on
the format prepared by the Consultants and as approved by the Employer /Engineer-in-
charge/Professional Advisor
Sr.
No.
Report Frequency Due Date/Time No. of
Copies
1. Inception Report One time 15 days after commencement of
services.
3
2. Detailed Progress Report
(Monthly) indicating
details as mentioned and
Fortnight Report
indicating details as
mentioned.
Every month /
Every 15 days
once in a
month
Monthly-By 7th
of the following
month.
Fortnightly-by 21st
of every
month.
3
3. Quarterly Report Every Quarter By 10th
of the Quarter
month
3
4. Final Report One time Within 15 days of completion of
services/contract.
3
The Commencement Report shall contain the details of all meetings held with the
Employer/Engineer –in-charge/Professional Advisor and the Contractor and decisions taken
therein, the resources mobilized by the Consultants as well as the contractor and the Consultants’
perception in the management and supervision of the maintenance works. The Report shall also
include the Work Program me and Resource Mobilization for the Project.
The monthly Progress Report shall contain details of all meetings, decisions taken therein,
mobilization of resources (Consultants’ and the Contractor), Detailed compliance report of each
activity, progress and the projected progress for the forthcoming periods. The Report shall clearly
bring out the delays, if any reasons for such delay(s) and the recommendations for corrective
measures.
Final Report
The Consultant will prepare a comprehensive final completion report after completion of the work.
The report shall incorporate summary of the method of maintenance supervision performed,
problems encountered and solutions undertaken thereon and recommendations for future projects of
similar nature to be undertaken by the Employer.
5.8. Additional Services:
The PMCs shall, if so required by the iNDEXTb, provide any additional services at man month
rates as per the contract, or mutually agreed upon as a variation order.
5.9. Performance Security:
The Consultant shall be required to submit acceptable Bank Guarantee for an amount equal to 5%
of the accepted consultancy cost towards Performance Security proportionately in the currencies of
payment asked for in the bid proposal within 10 days of signing the Agreement. The validity of the
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 47
Bank Guarantee(s) shall cover the entire duration of the Consultancy period plus 3 months. The
format of the Bank Guarantee(s) shall be got approved by the consultant from the
Employer/Professional Advisor. The Bank Guarantee(s) shall be released after satisfactory
completion of the assignment:
1. Bank Guarantee, in the name of the Employer from following banks would be accepted :
i. State Bank of India or its subsidiaries
ii. Any Indian Nationalized Bank
iii. IDBI or ICICI / ICICI Bank
iv. A Foreign Bank (issued by a branch outside India) with a counter guarantee from
SBI or its subsidiaries or any Indian Nationalized Bank
v. Any Scheduled Commercial Bank approved by RBI having a net worth of not less
than Rs.500 crores as per the latest Annual Report of the Bank. In the case of a
Foreign Bank (issued by a branch in India), the net worth in respect of the Indian
operations shall only be taken into account.
2. The acceptance of the guarantees shall also be subject to the following conditions :
i. The capital adequacy of the Bank shall not be less than the norms prescribed by RBI
ii. The bank guarantee issued by a Cooperative Bank shall not be accepted
5.10. Penalties:
5.10.1. The iNDEXTb may conduct independent quality monitoring and checking of works
executed by the Consultant. If such checks disclose that works carried out by the Consultant
do not meet the specified requirement, the Employer will not pay the Consultancy fees for
the affected portion.
5.10.2. If the service of a team member provided by the Consultant is not acceptable to the
iNDEXTb, the Consultant shall immediately replace the team member on request of
iNDEXTb. If the Consultant fails to quickly deploy/replace a team member as instructed by
the Employer, the Employer may make temporary arrangement. The temporary
deployment/replacement shall be paid by the iNDEXTb with commensurate reduction in
the person month scope of the PMC Contract.
This will however be a temporary arrangement and if the Consultant fails to deploy the requisite
personnel or replace any member as instructed, the Consultant shall be liable for action for
termination of Contract and or black listing.
5.11. Payment Schedule:
Presently the project completion duration is anticipated for 14 months. In the event of extension
of project duration the PMC consultants are not liable for any additional payments up to 18
months from the date of award of contract (i.e. 30th
September 2013 considering 1st April
2013 to be date of award of contract). All payments shall be made by the Employer to the PMC
in Indian Rupees as per data sheet on monthly basis [for 90% of the fees] within 30 days after
submission and its subsequent approval by the competent authority of iNDEXTb. 10% of the
PMC’s bill shall be held as security deposit (without the obligation of interest) which shall be
released within one month of issuing final completion certificate.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 48
5.12. Consultant’s Proposal Submission
The consultant’s submission should be focused to the project requirements as per the TOR details.
The methodology to be submitted should address to the project 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.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 49
6. SECTION-6
CONTRACT AGREEMENT AND GENERAL CONDITIONS OF
CONTRACT
6.1. AGREEMENT Agreement between Industrial Extension Bureau And
………………………………………………………………………………………………………
……………………………………………………………………… for MAHATMA MANDIR
CONVENTION CENTER. This agreement entered into at
……………………………………………………. On
……………………………………………………. between Industrial Extension Bureau., a
Government of Gujarat Organization registered under the Societies Act 1956 having its registered
Office at Block NO:18, 2nd
Floor, Udyog Bhavan, GH-4, Sector 11, Gandhinagar- 382010.
Hereinafter called the “iNDEXTb” (which expression shall, unless repugnant to the context,
include its legal representative, successors and assigns), of the one part.
AND
………………………………………………………………., a firm (which term shall include its
executors, administrators, administrator, successors, legal representatives and assigns) having its
office:
…………………………………………………………………………………………………..
………………………………………………………………………………………………………
………………………………………………………………………………………………………
…………………………………………………………………………
WHEREAS --------------------------- intends to develop the project: Mahatma Mandir Convention
Center, Phase 1 B Works at Gandhinagar in the state of Gujarat and hire professional Services of
………………………………………………….. for the said project.
AND WHEREAS …………………………………………………….. has offered and willing to
render its professional services as Project Management Consultant hereinafter referred to as
“PMC” for the said project.
NOW THIS PRESENTS WITNESS, it is hereby agreed by and between the parties here to as
follows:
The Nodal Agency/Employer hereby appoint and engage the services
of………………………………. as PMC in connection with project monitoring and project
management consultancy services for execution of the said project, the cost of which is
approximately ………………lac funded by Government of Gujarat, for stipulated scope of
services as mentioned etc. The PMC having represented to the Employer 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 the Contract. The PMC hereby accepts the said
appointment as PMC - on the terms and conditions set out in this agreement as well as Letter on
intent No. ………………………… as part and parcel of this agreement.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 50
1. NOW IT IS AGREED BETWEEN THE PARTIES AS UNDER: 1. The PMC is required to provide services in respect of monitoring, supervision,
implementation, execution of work as being correctly interpreted the approved design of
EPC Contractor for the following activities in consultation with Professional
Advisor/Engineer –in-charge:
1.1 Survey works, Civil, Structural works &Architectural works
1.2 External development and landscaping
1.3 Electrical, Mechanical and HVAC Installation works .
1.4 Building automation system
1.5 Security system
1.6 Safety operations like Fire Fightining Systems development.
1.7 Audio-visual and Acoustics works Telecommunication system.
1.8 Plumbing Services
1.9 Environment Aspects and Green Building requirements & Compliance
1.10 Interior works ,Ambience and Furniture works
1.11 Material testing and all related installations.
2. Any work/s related to completion of the project as assigned by INDEXTb or by its
Authorized representation as and when required.
The works mentioned in terms of reference are part of scope of work. All reports to
be furnished accordingly. The PMC shall carry out the services with the provisions of
the contract.
2. PAYMENT OF PROFFESSIONAL FEES AND MODE OF PAYMENT :
The Employer will make payments to the PMC in accordance with the provisions of the Contract.
The fee is also inclusive of to & for transportation to visit site, boarding and lodging and
recruitment of technical Staffs / Engineers and other incidental expenses. Payment made by.,
iNDEXTb for all the services mentioned above are part of comprehensive services which are
planned to take up and no other claim whatsoever shall lie against Employer in respect of services
herein agreed. Any other applicable Govt taxes/levies as and when imposed shall be born by PMC
except service tax as per Govt. rule.
3. OVERALL GENERAL TERMS
1. The PMC shall work and represent iNDEXTb and get necessary permission, interact all
concerned authorities on behalf of iNDEXTb.
2. PMC will declare the name of the team which will be on site with their address , telephone no.,
qualification, experience, etc. The site in charge should be conversant with English in writing
and speaking.
3. PMC will prepare documentation in form of Video, Photographs, survey etc. before
execution/during the execution/ post execution and submit a copy to iNDEXTb from time to
time.
4. PMC will be required to attend personally all meetings called either by Government or
iNDEXTb.
5. The PMC shall be responsible for the direction and integration-of the Professional Advisor &
Contractors work. The PMC, shall be fully responsible for the implementation of the detailed
design, day to day inspection and evaluation of the work entrusted work. The PMC shall not
make any deviations, alterations or omissions from the approved drawings, involving financial
implications without prior consent of the iNDEXTb. The PMC shall supervise and get the work
implemented for structural soundness of the works by the Contractor.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 51
6. PMC shall, regularly, check the’ progress of the work and shall submit the progress report to
the iNDEXTb, mentioning there in the progress of the work, quality of the work, etc. PMC may
also point out in the report as to whether the Contractor has carried out the work, as per design
and specification and materials of approved quality and quantity or not.
7. PMC shall not assign, sub-let or transfer their interest in this agreement
8. Drawing, plans and specification are the property and ownership of the iNDEXTb,
irrespective of whether the work has been executed or not.
9. This project is to be completed within a period of 12 months, with effect from 15/02/2012
including monsoon period.
4. CLEARANCE OF BILLS :
The iNDEXTb will endeavor to clear all the bills of PMC within Thirty (30) days from the date of
receipt of the bills/compliances necessary for clearances whichever is applicable/later. PMC will
comply with the queries / objections if any.
5. COMMISSION AND OMMISSION OF THE PROJECT : The iNDEXTb reserves the right to make changes in the project including revision in the total
value of the project.
In case of the discontinuation of the project, the payment would be made to PMC according to the
services rendered.
6. DISPUTES AND ARBITRATION : Where any difference or dispute arises out of these conditions of agreement or as to interpretation
of any terms of this agreement including scale of professional fees and charges, the parties shall
first Endeavour to co-operate to resolve the dispute or controversy by mutually determined
otherwise such difference or dispute shall be referred to the sole arbitrator as provided in
Arbitration and Conciliation Act, 1996 as mentioned in contract.
7. SERVISABILITY: If any terms, clause or provision of this agreement shall be judged, to be invalid for any reason
whatsoever, such invalidity shall not affect the validity or operation of any other term, clauses or
provisions of this agreement and such invalid terms, clause or provision shall be deemed to have
been deleted from this agreement and a valid term, clause or provision be substituted with
retrospective effect, if necessary.
8. ENTIRE AGREEMENT:
This agreement together with the details of schedules, annexure/appendix, exhibits and conditions
executed by the parties hereto constitute the entire agreement between the parties with respect to
the subject matter.
No forbearance, indulgence or relaxations by any party at any time to require performance of any
provision of this agreement shall' in any way affect, diminish or prejudice the right of such party to
require performance of the provision and any waiver by any party shall not be construed as a
waiver or an amendment of the provisions itself, or a waiver of any right under or arising out of
this agreement.
9. NON EXCLUSIVE : The business or services PMC shall not affect the services agreed to be offered to the
iNDEXTb and PMC shall not offer the same services of the project to any other party.
10. NON-SOLICITATION :-
Neither party shall directly or indirectly, offer employment or take on employment to the
employees of the other party, who were involved in the works under this agreement, either during
the subsistence of this agreement or after the termination of the agreement for a period of one year
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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thereafter.
11. COMMUNICATIONS :
All notices, requests, demands and other communications under this agreement or in
connection therewith shall be given to or made upon the respective parties as follows:
To, PMC ………………………….
……………………….
To, The iNDEXTb: Managing Director
Industrial Extension Bureau
2nd
Floor, Block No. :- 18,
Udhyog Bhavan, GH-4, Sector-11,
Gandhmagar-382010.GUJARAT-INDIA.
Or to such other person or address as any of the parties shall have notified to the others.
All notices, request, demands and other communications given or made in accordance with the
provisions of this agreement shall be in writing.
12. TERMINITATIQN OF CONTRACT :
If at any time, any party commits breach of any term of this agreement, other party shall be entitled
to terminate this agreement by giving one month of notice to other party to that effect and on
expiration of the notice period, this agreement shall be deemed to have been terminated.
MANAGING DIRECTOR AUTHORISED SIGNATORY
INDEXTb FOR AND ON BEHALF OF
M/S-----------------------------
WITNESS
1.SIGNATURE/NAME/ADDRESS
WITNESS
2.SIGNATURE/NAME/ADDRESS
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6.2. SPECIAL CONDITIONS OF THE CONTRACT
6.2.1. GENERAL PROVISIONS
6.2.1.1.Definitions
Unless the context otherwise requires, the following terms wherever used in this Contract have
following meanings:
a) "Applicable Law" means the laws and any other instruments having the force of law in
India as they may be issued and in force from time to time.
b) "Employer" means the Industrial Extension Bureau-iNDEXTb.
c) "Consultants" means____________________________ (Name of the consultant)
d) "Contract" means the Contract signed by the Parties, together with all
documents/Appendices attached hereto and includes all modifications made in terms of the
provisions of Clause 2.6 and 2.10 hereof,
e) "Operator" means any person or entity who are employed by the Employer for
Project Management Consultancy for Execution of work for EPC PROJECT ON
CONSTRUCTION OF MAHATMA MANDIR CONVENTION CENTER-PHASE 1
B WORKS
f) "Effective Date" means the date on which the Contract comes into force and effect
pursuant to Clause 2.1 hereof ;
g) "Government" means the Government of India /Gujarat
h) "Local Currency" means the Indian Rupees
i) "Personnel" means persons hired by the Consultants as employees and assigned to the
performance of the Services or any part thereof.
j) "Party" means the Employer or the Consultants, as the case may be, and "Parties" means
both of them.
k) "Services" means the work to be performed by the Consultants pursuant to this Contract
for the purpose of operations & maintenance work and stipulated scope of works.
l) "Starting Date" means the date referred to in Clause 2.3 hereof;
m)“Professional Advisor” shall mean the agency appointed by the Govt. of
Gujarat/Employer or its body to assist in preparing conceptual layout, tender site
preparation, evaluation of the agency, approval of all drawings and design. Inspection and
assist in contractual matters related to appointing the Contractor for said project and assist
in any other contractual matters arising during ongoing works as directed by the Employer.
n)“Engineer-in-Charge” shall mean person / official employed by Employer and shall
obtain the specific approval of the Employer in respect to the following:
a. Approving subletting of the work
b. Granting claims to the contractor/ Bill certification
c. Ordering suspension of the work
d. Determining extension of time
e. Waiving off the penalty and arranging the repayment of compensation for delay
f. Issuing of Variation order
g. Ordering any work/test beyond the scope of the contract
h. Determining rates for the extra items/extra work
i. Any variations in the contract condition
j. Approval to designs and working drawings
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k. Day to day supervises the work and test and examines any materials to be used or
workmanship employed in connections with the works.
6.2.1.2. Relations between the Parties
Nothing contained herein shall be construed as establishing a relation of master and servant or of
agent and principal as between the Employer and the Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel performing the Services and shall be fully responsible
for the services performed by them or on their behalf hereunder
6.2.1.3.Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Laws of the Government of India and State Government.
6.2.1.4. Language This Contract has been executed in English Language, which shall be the binding and controlling
language for all matters relating to the meaning of interpretation of this Contract.
6.2.1.5. Headings The headings shall not limit, alter or affect the meaning of this Contract.
6.2.1.6.Notices 6.2.1.6.1. Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been
given or made when delivered in person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such
Party at the addresses specified as under:
For the Employer :
Attention: THE MANAGING DIRECTOR
INDUSTRIAL EXTENSION BUREAU
Block No. 18, 2nd
floor, Udyog Bhavan
Sector-11, Gandhinagar-382010.
For the Consultants:
Attention: _____________________(Name of Authorised Representative)
Address: _______________________
______________________
Name and address of the consulting firm.
Fax:
Telephone:
6.2.1.6.2. Notice will be deemed to be effective as follows:
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a) In the case of personal delivery or registered mail, on delivery;
b) In the case of telexes, (24) hours following confirmed transmission;
c) In the case of telegrams, (24) hours following confirmed transmission; and
d) In the case of facsimiles, (24) hours following confirmed transmission
6.2.1.7.Location
The services shall be performed at such locations as are specified in TOR hereto and as the
Employer may approve.
6.2.1.8.Authorized Representatives
Any action required or permitted to be taken and any document required or permitted to be
executed under the Contract by the Employer or the Consultants be taken or executed by the
officials as under :
For the Employer : Managing Director or his designated representative
For the Consultants : Authorised Representative or his designated representative
6.2.1.9.Taxes and Duties
6.2.1.9.1. The consultant and the personnel shall pay the taxes and other impositions levied under
the existing amendment or enacted laws during life of this contract and the Employer shall perform
such duties in regard to the deduction of such taxes as may be lawfully imposed.
6.2.2. COMMENCEMENT, COMPLETION, MODIFICATION AND
TERMINATION OF CONTRACT
6.2.2.1.Effectiveness of Contract
This Contract shall come into force and effect on the date (The "Effective Date") of the Employer's
notice to this effect to the Consultants.
6.2.2.2.Termination of Contract for Failure to Become Effective
If this Contract has not become effective within Two (2) months of the date hereof, either Party
may, by not less than two (2) weeks written notice to other Party, declare this Contract to be null
and void, and in the event of such a declaration by either Party, neither Party shall have any claim
against the other Party with respect hereto.
6.2.2.3.Commencement of Services
The Consultants shall commence the Services not later than on a date (Starting Date) three (3) days
after the signing of the Agreement.
6.2.2.4.Expiration of Contract
Unless terminated earlier pursuant to Clause SC 6.2.2.9 & GC 12 of G.C. hereof, the Contract shall
expire when pursuant to the provisions hereof, the services have been completed and payments of
remuneration and reimbursable expenditure have been made.
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6.2.2.5.Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or
representative of either Party has authority to make, and the Parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein.
6.2.2.6.Modifications
Modifications of the terms and conditions of this Contract, including any modification of the scope
of the services, may only be made by written agreement between the Parties. Pursuant to 2.5 (iii) &
form Tech-2A & SC 6.2.7.2 hereof, however, each Party shall give due consideration to any
proposals for modifications made by the other Party.
6.2.2.7. Force Majeure
Force Majeure shall mean in respect of any Party an event beyond the reasonable control of such
Party which prevents or delays such Party from performing its obligations under this Agreement
(except for the obligation to pay money) or which materially increases its costs of performing those
obligations. Examples include, to the extent they otherwise meet the foregoing definition, the
following: war, hostilities, civil disturbances, any kind of local or national emergency, riot, fire,
flood, hurricane, storm, earthquake, concealed or subterranean conditions at the Site that could not
be discovered by a reasonable inspection of the Site, power failure or power surge, epidemic,
explosion, sabotage, act of God, acts or failures to act by Governmental Authorities (including
failure to issue, delays in issuing beyond the period provided by law (or if no such period is
provided, beyond the customary period), or revocation of Governmental Authorizations, except to
the extent any such failure, delay or revocation is due to the negligence or willful misconduct of
Consultant or its Affiliates), failure of the Expert consultants or Key personnel to perform or
deliver on a timely basis, to the extent such failure is due to a force majeure condition affecting the
Consultant, strike, slowdown or other lab our unrest (other than a localized strike against an
individual employer), delay of carriers, failure of the usual modes of transportation, embargo,
change in any applicable Law from that in effect on the date hereof, any condition at the Site that
requires remediation under any applicable Law related to the environment, or expropriation or
confiscation of facilities.
Force Majeure shall not include breach of contract by Expert Consultants.
The rights and obligations of the Affected Party shall be suspended to the extent they are affected
by the Force Majeure. EMPLOYER shall not be liable to make any payments to the Agency for it
being affected on account of Force Majeure.
EMPLOYER reserves the right to terminate the contract if the Force Majeure continues for more
than 15 (Fifteen) days at a stretch.
6.2.2.8.Suspension
The Employer may, by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure
within a period not exceeding fifteen (15) days after receipt by the Consultants of such notice of
suspension.
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6.2.2.9.Termination
6.2.2.9.1. By the Employer
The Employer may, by not less than fifteen (15) days written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be written
notice of not less than thirty (30) days), such notice to be given after the occurrence of any of the
event specified in paragraphs (a) through (g) of this Clause 2.9.1, terminate this Contract.
a) If the Consultants fail to remedy a failure in the performance of their obligations hereunder, as
specified in a notice of suspension pursuant to Clause 6.2.2.7, hereinabove, within fifteen (15) days
of receipt of such notice of suspension or within such further period as the Employer may have
subsequently approved in writing;
b) If the Consultants or if any of their members become insolvent or bankrupt or enter into any
agreement with their creditors for relief or debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary;
c) If the Consultants fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause 6.2.8 hereof;
d) If the Consultants submit to the Employer, a statement which has a material effect on the rights,
obligations or interests of the Employer and representation or statement, made/submitted by the
Consultants of any part thereof is found to be false;
e) If, as a result of Force Majeure, the Consultants are unable to perform a material portion of the
services for a period of not less than thirty (30) days;
f) If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract;
g) If the Consultants, in the judgement of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
For the purpose of this Clause :
Corrupt practice means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution.
"Fraudulent practice" means a misrepresentation of facts in order to influence a selection process or
the execution of a contract to the detriment of the Employer, and includes collusive practice among
Consultants (prior to or after submission of proposals) designed to establish prices at artificial non-
competitive levels and to deprive the Borrower of the benefits of free and open completion.
6.2.2.9.2. By the Consultants
Consultants may, by not less than thirty (30) days written notice of termination to the
Employer (except in the event listed in the paragraph (e) below for which there shall be written
notice of not less
than thirty (30) days), such notice to be given after the occurrence of any of the events specified in
paragraphs (a) through (e) of this Clause 2.9.2 terminate this Contract:
a) If the Employer fails to pay any money due to Consultants pursuant to this Contract and not
subject to dispute pursuant to Clause 6.2.8 of Govt of contract hereof within thirty (30) days after
receiving written notice from the Consultants that such payment is overdue;
b) If the Employer is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty five (45) days (or such longer period as the Consultants may have
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subsequently approved in writing) following the receipt by the Employer of the Consultants notice
specifying such breach;
c) If as a result of Force Majeure, the Consultants are unable to perform a material portion of the
services for a period of not less than thirty (30) days; or
d) If the Employer fails to comply with any final decision reached as a result of arbitration pursuant
to Clause 6.2.8 hereof
e) If the Consultants, in its sole discretion and for any reason whatsoever decides to terminate the
Contract.
6.2.2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract, pursuant to Clauses 6.2.2.2 or 6.2.2.9 hereof, or upon expiration
of this Contract pursuant to Clause 6.2.2.4 hereof, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of
termination or expiration (ii) the obligation of confidentiality set forth in Clause 3.3 hereof, (iii) the
Consultants' obligations to permit inspection, copying and auditing of their accounts and records
set forth in Clause 3.6 (ii) hereof, (iv) the Consultants' obligations regarding default in performance
of the service in accordance with the provisions of the Contract and for any loss suffered by the
Employer, whereof, as a result of such default, and (v) any right which a Party may have under the
Applicable Law.
6.2.2.9.4. Cessation of Services 47
Upon termination of this Contract, by notice of either Party to the other, pursuant to Clauses 6.2.9.1
or 6.2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take
all necessary steps to bring the services to a close in a prompt and orderly manner and shall make
every reasonable effort to keep expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultants and equipment and materials furnished by the Employer,
the Consultants shall proceed as provided, respectively by Clauses 3.9 hereof.
6.2.2.9.5. Payment under Termination
Upon termination of this Contract pursuant to Clauses 6.2.9.1 or 6.2.9.2 hereof, the Employer shall
make the following payments to the Consultants (after offsetting against these payments any
amount that may be due from the Consultants to the Employer):
i. Remuneration pursuant to Clause 6.2.6 hereof for Services satisfactorily performed prior to the
effective date of termination:
ii. Reimbursable expenditures pursuant to Clause 6.2.3.5 hereof for expenditure actually incurred
prior to the effective date of termination; and
iii. Except in the case of termination pursuant to paragraphs (a) through (d) of Clause 6.2.9.1
hereof, reimbursement of any reasonable cost incidental to the prompt and orderly termination of
the Contract including the cost of the return travel of the Consultants personnel and their eligible
dependents.
6.2.2.9.6. Disputes about Events of Termination
If either Party whether an event specified in Clause 6.2.9.1 or in Clause 6.2.9.2 hereof has
occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the
other Party, refer the matter to arbitration, pursuant to Clause 6.2.8 hereof, and this Contract, shall
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not be terminated on account of such event except in accordance with the terms of any resulting
arbitral award.
6.2.3. OBLIGATIONS OF THE CONSULTANT
6.2.3.1. General
6.2.3.1.1. Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional techniques
and practices, and shall observe sound management practices, and employ appropriate advanced
technology and safe and effective equipment, machinery, materials and methods. The Consultants
shall always act, in respect of any matter relating to this Contract, or to the Services, as faithful
advisers to
the Employer, and shall at all times support and safeguard the Employer's legitimate interests in
any dealing with Engineer-in-charge and Professional Advisor.
6.2.3.1.2. Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law and shall take
all practicable steps to ensure that any of the Personnel and agents of the Consultants, comply with
the Applicable Law.
6.2.3.2. Conflict of Interests
6.2.3.2.1. Consultants not to benefit from Commissions, Discounts, etc.
The remuneration of the Consultants pursuant to Clause 6.2.3.5 hereof shall constitute the
Consultants' sole remuneration in connection with the contract or the services, and subject to
Clause 6.3.2.2 hereof, the Consultants shall not accept for their own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this Contract or to the
Services or in the Discharge of their obligations hereunder, and the Consultants shall use their best
efforts to ensure that any of the Personnel and agents of either of them, similarly shall not receive
any such additional remuneration.
6.2.3.2.2. Procurement
If the Consultants, as part of the Services, have the responsibility of advising the Employer, on the
procurement of goods, works or services, the Consultants shall comply with any applicable
procurement guidelines of the Employer and shall at all times exercise such responsibility in the
best interest of the Employer.
6.2.3.2.3. Consultants and Affiliates not to engage in certain activities.
The Consultants agree that during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, shall be disqualified from providing
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goods, works or services (other than the Services and any continuation thereof) for the project to
the Services.
6.2.3.2.4. Prohibition of Conflicting Activities
Neither the Consultants nor their Sub-Consultants/Experts nor the personnel of either of them shall
engage, either directly or indirectly, during the term of this Contract, in any business or
professional activities in India which would conflict with the activities assigned to them under this
Contract.
6.2.3.3. Confidentiality
The Consultants, their Sub-Consultants/Experts and the Personnel of either of them shall not, either
during the term or within two (2) years after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the Services, this Contract or the
Employer's business or operations without the prior written consent of the Employer.
6.2.3.4. Liability of the Consultants
Subject to additional provisions, as under, the Consultants liability under this Contract shall be as
provided by the Applicable law.
a) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the
part of any person or firm acting on behalf of the Consultants in carrying out the services, the
Consultants, with respect to damage caused by the Consultants to the Employer's property, shall
not be liable to the Employer:
i. For any indirect or consequential loss or damage; and
ii. For any direct loss or damage that exceeds (A) total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the Consultants hereunder or (B) the
proceeds, the Consultants may be entitled to receive from any insurance maintained by the
Consultants to cover such a liability, whichever of (A) or (B) is higher.
b) This limitation of liability shall not affect the Consultants liability, if any for damage to
Engineer –in-charge and Professional Advisor caused by the Consultants or any person or firm
acting on behalf of the Consultants in carrying out the Services.
6.2.3.5. Accounting, Inspection and Auditing
The Consultants (i) shall keep accurate and systematic accounts and records of the Services
hereunder, in accordance with internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time charges and cost, and the basis thereof (ii) shall
permit the Employer or its designated representative periodically and up to one year from the
expiration or termination of this Contract, to inspect the same and make copies thereof as well as to
have them audited by auditors appointed by the Employer.
6.2.3.6. Consultants' Actions requiring Employer's prior Approval
The Consultants shall obtain the Employer's prior approval in writing before taking any of the
following actions:
a) Deployment of personnel as listed .
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b) Appointing such number of Personnel as are not listed herewith. ("Consultants, Sub-
Consultants"/Experts and "Consultants Key Personnel");
c) Substitution of any personnel if required on grounds beyond reasonable Control of the
Consultants;
d) Purchase of equipment required for performing the services.
6.2.3.7. Reporting Obligations
The Consultants shall submit to the Employer reports and documents specified herewith hereto in
the form and the numbers and within the time period set forth in the stipulated details.
6.2.3.8. Documents prepared by the Consultants to be the Property of the
Employer
All data /details related to plans, drawings, specifications, designs, reports and other documents
prepared/reviewed by the Consultants in performing the Services shall become and remain the
property of the Employer, and the Consultants shall, not later than upon termination or expiration
of this Contract, deliver all such documents to the Employer, together with a detailed inventory
thereof. The Consultants may retain a copy of such documents but shall not use these documents
for purposes unrelated to this Contract without the prior written approval of the Employer.
6.2.3.9. Equipment and Materials to be retained by PMC.
i. Telephone for official use with STD facility.
ii. Office with tables, chairs, storage cabinets etc.
iii. Computer, Printer, Fax, Photocopier .
6.2.4. CONSULTANTS' PERSONNEL
6.2.4.1. General
The Consultants shall employ and provide such qualified and experienced Personnel as are
required to carry out the Services.
6.2.4.2. Description of Personnel
a) The list of Consultants key personnel and their estimated periods of engagement have been
described herewith..
b) If additional work is required beyond the scope of the Services specified in TOR the estimated
periods of engagement of Key Personnel set forth in may be increased by agreement in writing
between the Employer and the Consultants.
6.2.4.3. Approval of Personnel
The Key Personnel listed by title as by name in Datasheets are hereby approved by the Employer.
In respect of other personnel whom the Consultants propose to use in carrying out of the Services,
the Consultants shall submit to the Employer for review and approval of a copy of their
biographical data. If the Employer does not object in writing (stating the reasons for the objection)
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within thirty (30) calendar days from the date of receipt of such biographical data and (if
applicable) such Personnel shall be deemed to have been approved by the Employer. The removal
and/or replacement of personnel is covered under Clause 6.2.4.5 hereof.
6.2.4.4. Working Hours, Overtime, Leave etc.
a) Working hours and holidays for the Consultants' Personnel shall match with that of the
Employer/ EPC Contractor/Professional Advisor/Engineer-in-charge. In case of any emergency,
the Consultants' Personnel will have to work on Saturdays, Sundays or any other holidays and
these leaves shall not be compensated by Employer by any means.
b) The Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation
leave. The Consultant's remuneration shall be deemed to cover these items. Any taking of leave by
personnel shall be subject to the prior approval by the Employer and the Consultant shall ensure
that absence for leave purposes will not delay the progress and adequate supervision of the
Services.
c) The man months shown against each personnel shall be exclusive of leave period. The period for
which the Consultant’s personnel will be on annual leave or on sick leave shall not be charged on
the bill. The work of the personnel of the Consultants will have to be adjusted within the regulatory
working hours, without any overtime according to the requirement at site.
d) The PMC consultant shall have to match the duly working hours of their personal to EPC’s
contractor working on site for which no extra payment shall be eligible.
6.2.4.5.Removal and/or Replacement of Personnel
a) No changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control
of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants shall
forthwith provide as a replacement a person of equivalent or better qualifications and experience
acceptable to the Employer. Such replaced person shall be inducted only after approval by the
Employer.
b) If the Employer (i) finds that any of the Personnel has committed serious misconduct or has
been charged with having committed a criminal action, or (ii) has reasonable cause to be
dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the
Employer's written request specifying the grounds therefore, forthwith provide as a replacement a
person with qualifications and experience acceptable to the Employer. Such person shall be
inducted only after approval by the Employer.
c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures (including
expenditures due to the number of eligible dependents) the Consultants may wish to claim as a
result of such replacement, shall be subject to the prior written approval by the Employer. Except
as the Employer may otherwise agree, (i) the Consultants shall bear all additional travel and other
costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be
paid for any of the Personnel provided as a replacement shall not exceed the remuneration which
would have been payable to the Personnel replaced.
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6.2.5. OBLIGATIONS OF THE EMPLOYER
6.2.5.1. Assistance and Exemptions
Unless otherwise specified, the Employer shall use its best efforts to ensure that the Government
shall:
a) Provide the Consultants, and Personnel with work permits and such other documents as shall be
necessary to enable the Consultants, or Personnel to perform the Services;
b) assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly
with all necessary entry and exit visas, residence permits, exchange permits and any other
documents required for their stay in Government’s country;
c) Advise on clearance through customs of any property required for the Services and of the
personal effects of the Personnel and their eligible dependents;
d) issue to officials, agents and representatives of the Government all such instructions as may be
necessary or appropriate for the prompt and effective implementation of the Services;
e) assist the Consultants and the Personnel employed by the Consultants for the Services from any
requirement to register or obtain any permit to practice their profession or to establish themselves
either individually or as a corporate entity according to the Applicable Law;
f) grant to the Consultants, and the Personnel of either of them the privilege, pursuant to the
Applicable Law, of bringing into Government’s country reasonable amounts of foreign currency
for the purposes of the Services or for the personal use of the Personnel and their dependents and
of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the
Services; and
g) provide to the Consultants and Personnel any such other assistance as may be specified in the
contract.
6.2.5.2. Access to Land and building
The Employer warrants that the Consultants shall have free and unimpeded access to all portions of
the land and building in respect of which access is required for the performance of the Services and
shall indemnify the Consultants and each their personnel in respect of liability for such damage
which is caused by the default or negligence of the Consultants or the Personnel of either of them.
6.2.5.3.Change in the Applicable Law
If after the date of signing of agreement there is any change in the Applicable Law with respect to
taxes and duties which increases or decreases the cost of reimbursable expenses incurred by the
Consultants in performing the Services, then the remuneration and reimbursable expenses
otherwise payable to the Consultants under this Contract shall not be increased or decreased
accordingly for stipulated duration of the Project.
6.2.5.4.Facilities to be provided by the Employer
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The Employer shall nominate an authorized representative to liaise with the Consultants on all
matters connected with this agreement. In turn, the Resident/Project engineer of the Consultants for
the work shall act as the Liaison Officer for the Consultants to liaise with the representative of the
Employer.
6.2.5.5. Payment
In consideration of the Services performed by the Consultants under this Contract the Employer
shall make to the Consultants such payments and in such manner as is provided in Clause 6 of the
Contract.
6.2.6. PAYMENTS TO THE CONSULTANTS
6.2.6.1.Payments to the Consultants
All payments shall be made by the Employer to the Consultants in Indian Rupees as per data sheet
and TOR ON MONTHLY BASIS within 30 days after submission and its subsequent
approval by the competent authority of iNDEXTb for 90% of project fees. Remaining 10%
fees shall be paid on issue of completion certificate.
6.2.6.2. Currency of Payment:
All payments shall be made in Indian Rupees.
6.2.6.3. Duties and Taxes:
The consultants, Sub-consultants /Experts and the Personnel shall pay the taxes, duties, fees, levies
and other impositions levied under the existing, amended or in acted laws during life of this
contract and the Employer shall perform such duties in regard to the deduction of such taxes as
may be lawfully imposed.
6.2.7. FAIRNESS AND GOOD FAITH
6.2.7.1. Good Faith
The Parties undertake to act in good faith in respect to each other's rights under this Contract and to
adopt all reasonable measures to ensure the realization of the objectives of this Contract.
6.2.7.2. Operation of the Contract:
The Parties recognise that it is impractical in this Contract to provide for every contingency which
may arise during the life of the Contract and the Parties hereby agree that it is their intention that
this contract shall operate fairly as between them and without detriment to the intere st of either of
them and that if during the term of this Contract either Party believes that this Contract is operating
unfairly, the Parties will use their best efforts to agree on such action as may be necessary to
remove the cause or causes of such unfairness but on failure to agree on any action pursuant to this
Clause shall have the right of dispute subject to arbitration in accordance with Clause 6.2.8 thereof.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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6.2.8. SETTLEMENT OF DISPUTES
6.2.8.1. Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection
with this Contract or the interpretation thereof.
6.2.8.2.Right to Arbitration and Rules of Procedure
.
6.2.8.2.1. Mutual Discussions
If any dispute or difference of any kind whatsoever (a "Dispute") arises between the Parties in
connection with, or arising out of, this Agreement, the Parties within 30 days shall attempt to settle
such Dispute in the first instance by mutual discussions between Employer and Contractor.
6.2.8.2.2. Further Procedures
If the Dispute cannot be settled within 7 days by mutual discussions, then the Dispute shall be
finally settled under the provisions of this Section 8.2.2 or Section 8.2.3. If the Parties fail to
resolve any dispute through discussions within 15 Business Days, either Party shall have the right
to provide written notice of the Dispute to the President or Chairman of the Committee of the other
Party. Upon a timely referral, the Senior Management of the Parties shall consider the Dispute,
review such relevant information as they may determine and issue their decision (which decision
shall be confirmed in writing) within 5 Business Days after receiving the referral. If the Senior
Management of the Parties cannot resolve the issue within the five Business Day period, then the
Parties shall have the rights set forth below in Contract Clauses.
6.2.8.2.3. Arbitration
Subject as hereinafter provided, any Dispute arising out of or in connection with, this Contract and
not settled by Section 8.2.1 or Section 8.2.2 above may (regardless of the nature of the Dispute) be
submitted by either Party to arbitration and finally settled in accordance with Indian Arbitration
and Conciliation Act, 1996 or any statutory amendment thereof.
Arbitration proceedings shall be held at Ahmedabad and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be English.
The decision of the majority of arbitrators shall be final and binding upon both parties. The
expenses of the arbitrators as determined by the arbitrators shall be shared equally by the Employer
and the Contractor. However, the expenses incurred by each party in connection with the
preparation, presentation, etc., of its case prior to, during and after the arbitration proceedings shall
be borne by each party itself
6.2.8.2.4. Continued Performance
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 66
During the conduct of dispute resolution procedures pursuant to this Clause 8.2, (a) the Parties
shall continue to perform their respective obligations under this Agreement, and (b) no Party shall
exercise any other remedies hereunder arising by virtue of the matters in dispute.
Annexure - I
Broad Qualification Requirements Of Key Personnel -Majorly
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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1. Team Leader -1 No.
i) Educational Qualification
Minimum MBA/M.E. Preferably with Graduate in Civil
Engineering
ii) Experience
a) Total Experience: 20 years Min. 20 yrs Experience in Similar Nature of projects.
b) Essential Work experience related to similar nature
iii) Age limit Not more than 50 years on the date of submission.
2. Resident Engineer (Civil, Structural)*
– 2 No.
i) Educational Qualification
a) Minimum B.E. Civil with relevant field experience.
At least one Resident Civil Engineer should have Master’s
degree in relevant field
ii) Experience
a) Total Experience : 15 years Min.15 years experience in construction work of similar
nature, experience in handling of construction and
maintenance of civil /structural works,
iii) Age limit Not more than 45 years on the date of submission.
3. Site Engineer (Electrical, Mechanical, HVAC, Safety, Sound Expert, Environment)*
–
1 No each category
i) Educational Qualification
a) Minimum Degree in relevant field of Engineering
ii) Experience
a) Total Experience : Min. 10 years for Construction of similar work is
desirable.
iii) Age limit Not more than 40years on the date of submission.
4. Site Engineer (Civil)*
– 3 No.
i) Educational Qualification
a) Minimum Preferably Degree in Civil Engineering
ii) Experience
a) Total Experience :
Min. 5-years relevant experience in construction of
similar works.
iii) Age limit Not more than 40 years on the date of submission.
*
Note: Number of persons required at a time will be decided by the Employer/Engineer-in-
charge/Professional Advisor based on the number of projects in hand and payment shall be
made proportionately.
Annexure: IV
Form of Bank Guarantee for Performance Security
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 68
Ref: _______________ Bank Guarantee: ________________
Date: _______________
To,
The Managing Director,
Industrial Extension Bureau,
Block No 18, 2nd
Floor, Udyogbhavan,
Sector 11, Gandhinagar-382017.
Dear Sir,
In consideration of “______________________” (hereinafter referred as the “Employer”, which
expression shall, unless repugnant to the context or meaning thereof include it successors,
administrators and assigns) having awarded to M/s. ____________________ (hereinafter
referred to as the “PMC” which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a contract by issue of
Employer’s Contract Agreement No. ________________ dated __________ and the same
having been unequivocally accepted by the PMC, resulting in a Contract valued at
___________________ for (name of the project) _____________________________________
(hereinafter called the “Contract”)
and the PMC having agreed to furnish a Bank Guarantee to the Employer as Performance
Security as stipulated by the Employer in the said contract for performance of the above Contract
amounting to ____________________ (in words and figures).
We _____________ (Name of the Bank) having its Head Office at _______________
(hereinafter referred to as the Bank), which expression shall, unless repugnant to the context or
meaning thereof, include its successors, administrators executors and assigns) do hereby
guarantee and undertake to pay the Employer immediately on demand any reservation, contest,
recourse or protest and/or without any reference to the PMC. Any such demand made by the
Employer on the Bank shall be conclusive and binding notwithstanding any difference between
the Employer and the PMC or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. We agree that the Guarantee herein contained shall be irrevocable and shall
continue to be enforceable till the Employer discharges this guarantee.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
iNDEXTb. 69
The Employer shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the contract by the PMC. The Employer shall have the fullest liberty without
affecting this guarantee, to postpone from time to time the exercise of any powers vested in them
or of any right which they might have against the Employer and to exercise the same at any time
in any manner, and either to enforce or to forebear to enforce any covenants, contained or
implied, in the Contract between the
Employer and the PMC any other course or remedy or security available to the Employer. The
bank shall not be relieved of its obligations under these presents by any exercise by the Employer
of its liberty with reference to the matters aforesaid or any of them or by reason of any other act
or forbearance or other acts of omission or commission on the part of the Employer or any other
indulgence shown by the Employer or by any other matter or thing whatsoever which under law
would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the PMC
and notwithstanding any security or other guarantee that the Employer may have in relation to
the PMC’s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is limited to
_______ and it shall remain in force up to shall be extended from time to time for such period
(not exceeding one year), as may be desired by M/s. ________________ on whose behalf this
guarantee has been given.
Dated this ________ day of ____ 20____at __________________________
WITNESS
_________________________ _________________________
(signature) (signature)
________________________ _________________________
(Name) (Name)
_______________________ _________________________
_______________________ _________________________
(Official Address) Designation (with Bank stamp) 61
Attorney as per Power of
Attorney No. ______________
Dated ___________________
Strike out, whichever is not applicable.
@ The date will be eighteen months after the date of commencement of services.
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who
issues the “Bank Guarantee”.
Note 2: The Bank Guarantee will be accepted which is issued by State Bank of India or its
subsidiaries or any Indian Nationalised Bank. If the Bank Guarantee is drawn on a
foreign bank it will be accepted by MNIT only if such Guarantee is also accepted either
by State Bank of India or any of its subsidiaries or any Indian Nationalised Bank.
PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B
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Annexure: V
BANK GUARANTEE FOR EARNEST MONEY DEPOSIT In accordance with the provisions and conditions of Bid Notice for the work of
“________________”, Sri.______________________________(name & Address of the
Contractor) shall deposit with the Employer / iNDEXTb ( a bank guarantee to guarantee his proper
and faithful Performance under the said contract an amount of (Amount of Guarantee) (in
words)*_________________________________________________
We, the _________________________ (Bank or Financial Institution) as requested by the
contractor, agree unconditionally and irrevocably to guarantee as primary obligatory
and as surety merely, the payment to the Employer / iNDEXTb on his demand without what so
ever right of objection on our part and without his first claim to the Employer / iNDEXTb for
recovery of the whole or part of the E.M.D from the contractor under the contract.
We further agree to change add to or other modifications of the forms of the contract
or of works to be performed there under or of any of the contract document which may be made
between the Employer / iNDEXTb, and the contractor shall in any way release us from any liability
under this guarantee and we here by waive notice of any such change, addition or modification.
THE CONDITIONS of this obligation are:-
If after Bid opening the Bidder withdraws or modifies his Bid during the period of bid validity
specified in the Form of Bid.
If the Bidder having been notified of the acceptance of his bid by the Department during the period
of validity.
Fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if
required; or fails or refuses to furnish the balance EMD and additional performance Security in
accordance with the instructions of PMC.
We undertake to pay to the Department up to the above amount upon receipt of his first
written demand, without the Department having to substantiate his demand, provided that in his
demand the Department will note the amount claimed by him is due to him owning to Project
Management Consultancy for EPC of Mahatma Mandir Convention Center to be developed at,
Gandhinagar.
This Guarantee will remain in force up to and including the date** …………………… after the
dead line for submission of Tenders as such deadline is stated in the Instructions to Tenders or as it
may be extended by the Department, notice of which extension(s) to the Bank is hereby waived.
Any demand in respect of this Guarantee should reach the Bank not later than the above date.
Yours truly,
Signature & Seal
(Name of the Bank)
WITNESS……………….. SEAL………………………………………………..
--------------------------------------------------------------------------------------------------------
(Signature, Name and Address)
--------------------------------------------------------------------------------------------------------
* The Tenderer should insert the amount of the EMD in words and figures denominated in Indian
Rupee. This figure should be the same as shown in the Contract Document.
** 6 months from the deadline date for submission of Tender [As specified in Contract Document].