m.p.housing & infrastructure … & infrastructure development board corrigendum notice...

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M.P.HOUSING & INFRASTRUCTURE DEVELOPMENT BOARD CORRIGENDUM NOTICE Invitation of selection of consultant for providing consultancy services published on date 30.05.2016 for Redensification at Waidhan, Distt. Singrauli. (M.P.). The date of bid are further modified as under. 1. The Bid Documents will be available offline at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa. and online on the MPHIDB’s website www.mphousing.in w.e.f. date 05/07/2016. 2. The Last date and time for submission of RFP responses is 14/07/2016 till 3:00 PM at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa. 3. The opening date and time of EMD and Technical qualification is 15/07/2015 at 3:30 PM. 4. Bid opening date and time is 23/07/2016 at 3:30 PM IST at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa . Rest of terms and condition will remain same. (Yashwant Kumar Dohare) Dy. Housing Commissioner M.P. Housing & Infrastructure Development Board Jay Stambh Chauk, Rewa – 486001 (M.P.)

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M.P.HOUSING & INFRASTRUCTURE DEVELOPMENT BOARD

CORRIGENDUM NOTICE

Invitation of selection of consultant for providing consultancy services published on date 30.05.2016 for Redensification at Waidhan, Distt. Singrauli. (M.P.). The date of bid are further modified as under.

1. The Bid Documents will be available offline at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa. and online on the MPHIDB’s

website www.mphousing.in w.e.f. date 05/07/2016.

2. The Last date and time for submission of RFP responses is 14/07/2016 till 3:00 PM at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa.

3. The opening date and time of EMD and Technical qualification is 15/07/2015 at 3:30 PM.

4. Bid opening date and time is 23/07/2016 at 3:30 PM IST at office of Dy. Housing Commissioner, M.P. Housing & Infrastructure Development Board Circle Rewa .

Rest of terms and condition will remain same.

(Yashwant Kumar Dohare)

Dy. Housing Commissioner M.P. Housing & Infrastructure Development Board

Jay Stambh Chauk, Rewa – 486001 (M.P.)

1

MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD

3RD

BLOCK, 4TH

FLOOR , PARYAWAS BHAWAN MOTHER TERESA MARG,

ARERA HILLS BHOPAL

PHONE : 07552551658

FAX : 07552556065

WEBSITE :www. mphousing.in

REQUEST FOR PROPOSAL (RFP)

TECHNICAL AND FINANCIAL BID

Selection of Consultancy Services for Preparation of DPR,Document for Bid Process, Architectural

Services, Project Monitoring, Supervision and Quality Control for Construction of 290 Houses of

(C.E.F.G.H.I Type Houses) Under Redensification Policy 2016 of Govt. of Madhya Pradesh at

Waidhan, Distt. Singrauli, (M.P.)

Cost of tender form Rs. 25000.00

Approximate cost of the project:-Rs. 4500 Lacs.

Cost of Earnest money Rs 135000.00

OFFICE OF THE DY. HOUSING COMMISSIONER

MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD

CIRCLE : REWA

PHONE : 07662241663

FAX : 07662241663

EMAIL : [email protected]

TENDER NOTICE NO. :MPHIDB/Consultant/2016-17/NIT OF 2016 DATE 30.05.2016

2

INDEX

S.NO. DESCRIPTION PAGE NO.

SECTION I Brief RFP 03

SECTION II Information and Instruction to Applicant Firm 04

SECTION III Eligibility Criteria 10

SECTION IV Proposal Estimation 13

SECTION V Bid data sheet 15

SECTION VI Standard data for Technical Bid 17

SECTION VII Standard data for Financial Proposal 27

SECTION VIII Terms of Reference (TOR) 32

SECTION IX Draft of Contract 43

SECTION X General Conditions of the Contract 46

SECTION XII Special Conditions of the Contract 54

3

SECTION XII APPENDICES 62

1. PROJECT BRIEF

• NO. of Houses : 290

• LOCATION : Waidhan, Distt. Singrauli (M.P.)

• TYPE OF HOUES : C.E.F.G.H.I Type

• OTHER DETAILS : Construction Under Redensification Policy 2016 of Govt. of

Madhya Pradesh

1.1 ABOUT MPHIDB

“MPHIDB” means Madhya Pradesh Housing and Infrastructure Development Board, Rewa Circle;

1.2 MPHIDB invites proposals from reputed consultancy firms for the above work having

proven experience in the field of Architecture, Building Design, Urban Infrastructure

Development and Project Management Consultancy.

The Consultancy assignment is broadly divided into the following two major phases:-

a. ARCHITECT :- Perform detail Engineering of project including Planning, Preparation

of layouts, Building drawings, Conceptual and Working Drawings, Structural and

Service design of the entire project, Preparation of preliminary and detailed cost

estimates (Based on prevailing MPPWD SOR/ DSR/ Market Rate Analysis),

Preparation of BOQ in the prescribed formats, Tender documents, Technical

Specifications, Bid Evaluation etc. Consultant shall also be responsible to obtain

Mandatory approvals from various Regulatory Authorities/ Departments.

b. SUPERVISION AND QUALITY CONTROL :- As the “ENGINEER” which involves

Project Management in terms of Detailed planning, Monitoring, Co-ordination with

other Departments / Agencies, Supervision of work, Contract Management, Quality

Assurance, Time Bound Engineering Decision and Approval from the Board, Timely

recording of measurements, full checking, preparation of bills and checking, Assistance

in resolution of disputes with the contractor and others including taking all necessary

steps to complete the work in stipulated terms of time schedule, cost and quality

parameters.

4

2. INFORMATION AND INSTRUCTION TO APPLICANT FIRMS

2.1 GENERAL

2.1.1 Letter of submission and information for selection shall be submitted as per formats

attached.

2.1.2 All information called for shall be furnished against the respective columns in the

enclosed form. If information is furnished in a separate document, reference to the

same should be given against the respective column(s). If information is ‘NIL’ it

should also be mentioned as ‘NIL’ or ‘No such case’. If any particular query is not

applicable to the applicant firm it should be stated as ‘Not applicable’. However, the

applicant firms are cautioned that not giving complete information called for in the

application in the form required or not giving it in clear terms or making any change

in the prescribed forms may result in summary disqualification of the applicant firm.

Application made by telegram, fax, e-mail or telex and those received late may not

be considered.

2.1.3 All information shall be furnished in English.

2.1.4 The BID shall be filled up legibly. The BIDDER firm’s name shall appear on each

page of the application with authorized signature.

2.1.5 Reference information and Certificates from the respective clients certifying

suitability, technical know-how or capability of the BIDDER firm shall be signed by

the authorized signatory of client.

2.1.6 The eligible BIDDER firm is advised to furnish any additional information, which

they think is necessary in regard to its capabilities. No further information will be

entered after submission of documents unless it is called for by the Client.

2.1.7 Bidder/s shall bear all costs associated with the preparation and submission of their

Proposals. Costs might include site visit, collection of information etc.

2.1.8 The Employer is not bound to accept any Proposal and reserves the right to annul the

selection process at any time prior to contract award, without thereby incurring any

liability to the bidder/s.

2.1.9 In preparing their Proposals, Bidder/s is/are expected to examine in detail the

documents comprising the RFP material, deficiencies in providing the information

requested may result in rejection of a Proposal.

2.1.10 The assignment mentioned herein is intended to be job and time oriented. The

5

consultant shall not be entitled to claim any compensation in the event of the time

estimated for the completion of the work being extended for any reason what so ever.

2.1.11 The Data Sheet indicates how long the Bidder/s’ Proposals must remain valid after

the submission date. During this period, the Bidder/s shall maintain the availability of

experts nominated in the Proposal. The Employer will make its best effort to

complete acceptance process within this period. In case of need, the Employer may

request Bidder/s to extend the validity period of their Proposals. Bidder/s has the

right to refuse to extend the validity period of their Proposals with valid reasons for

which employer’s decision shall be final & binding to the Bidder/s.

2.1.12 The Employer named in the “Data Sheet” will select a firm from those firms who

submitted proposals, in accordance with the method of selection indicated in the Data

Sheet.

2.1.13 The Employer requires that Consultants provide professional, objective and impartial

advice and at all times hold the Employer’s interest paramount, without any

consideration for future work, and strictly avoid conflicts with other assignments or

their own corporate interests.

2.1.14 A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates

shall not be hired for any assignment that, by its nature, may be in conflict with

another assignment of the Consultant to be executed for the same or for another

Employer.

2.1.15 The EMD is liable to be forfeited if successful Bidder fails to execute the agreement

within 15 Days from the date of Letter of Acceptance.

2.1.16 PMC cannot include current employees of Central & State Government as their

resource personnel/experts.

2.1.17 A Consultant (including its Personnel and Sub-Consultants) that has a business or

family relationship with a member of the Employer’s staff who is directly or

indirectly involved in any part of (i) the preparation of the Terms of Reference of the

assignment, (ii) the selection process for such assignment, or (iii) supervision of the

Contract, may not be awarded a Contract, unless the conflict stemming from this

relationship has been resolved in a manner acceptable to the Employer throughout

the selection process and the execution of the Contract.

6

2.2 DEFINITIONS

Words and expressions not else where defined in this contract or its Schedules/Sections

shall bear the following meanings, the singular including the plural and vice versa.

1 Consultant The firm Selected for the Project Management consultancy

(PMC) SERVICES including supervision consultancy.

2 Sub-consultant Any person or entity/ Experts with whom the Consultant

subcontracts any part of the Services.

3 Client/Employer Madhya Pradesh Housing and Infrastructure Development

Board, ParyawasBhawan, Mother Teresa Marg, Areara

Hills, Bhopal represented by the Executive Engineer of the

Division concerned.

4 Engineer-in-charge Executive Engineer of division concerned.

5 Government Madhya Prasesh Government

6 PWD Madhya Pradesh Public Works Department

7 Currency Means the Indian Rupees

8 MPHIDB Madhya Pradesh Housing and Infrastructure Development

Board

9 RFP Request for Proposal prepared by the Employer for the

selection of Consultants.

10 GDCR General Development Control Regulations.

11 SSRB Standard Specification for Roads and Bridges in India

12 Contractor To whom the Contract for Construction Works to be

awarded.

13 BIS Building Indian Standards

14 NBC National Building Code.

15 Data sheet Such part of the Instructions to Consultants used to reflect

specific assignment conditions.

16 Day Means calendar day.

17 Personnel Professionals and support staff provided by the Consultant

or by any Sub-Consultant and assigned to perform the

Services or any part thereof; “Foreign Personnel” means

such professionals and support staff who at the time of

being so provided had their domicile outside the

Government’s country; “Local Personnel” means such

professionals and support staff who at the time of being so

provided had their domicile inside the Government’s

country.

18 Terms of Reference”

(TOR)

The document included in the RFP as Section 5 which

explains the objectives, of work, activities, tasks to be

performed, respective responsibilities of the Employer and

the Consultant, and expected results and deliverables of the

7

assignment.

19 Proposal The Technical Proposal and the Financial Proposal.

2.3 CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS

2.3.1 Bidder/s may request a clarification of any of the RFP documents prior to Bid

Submission . Any request for clarification must be sent in writing to the address

indicated in the Data Sheet .

2.3.2. A prospective bidder requiring any clarification of the bidding documents may notify

the Employer in writing or by fax (hereinafter, the term "fax" is deemed to include

electronic transmission such as facsimile, cable and telex) at the Employer's address

indicated in the Invitation for Bid. The Employer will respond to any request for

clarification.

2.4 PREPARATION OF THE PROPOSAL

2.4.1. A Bidder’s Proposal (the Proposal) will consist of two (2) components

(i) The Technical Proposal, and

(ii) The Financial Proposal

2.4.2. All related correspondence exchanged by the Bidder/s would also form part of the

Proposal.

2.4.3. The Technical & Financial Proposals should include separate cover letters signed by person(s)

with full authorization to make legally binding contractual (including financial) commitments

on behalf of the firm. The letter should specify all association arrangements, and certify that

each associated firm will perform its designated tasks under the assignment.

2.4.4. The Technical Proposal should clearly demonstrate the Consultant’s understanding of the

assignment requirements and capability and approach for carrying out the tasks set forth in the

TOR through the nominated experts.

8

2.5 ELIGIBILITY AND METHOD OF SUBMISSION OF RFP

2.5.1. Reputed empanel or non impanel with MPHIDB and well established Firms/Individuals

registered as legal entity in India who dealt with Architectural/Project Management

consultancy Services having experience of minimum Five years in handling similar

building Projects and having permanent qualified Town /Urban planner, Architects,

Engineers like structural, civil, mechanical, electrical, services design engineers etc. in

related fields for Construction activities.

2.5.2 The bidder shall submit their technical and financial bid in one stage on or before the

last date of submission at prescribed office of the Board given in the Bid document.

2.5.3 The complete bid proposals received within time limit as mentioned above will be

opened at the Office of the Deputy Housing Commissioner Madhya Pradesh Housing

and Infrastructure Development Board of the Circle concerned in presence of the

consultant or the authorized representative, as specified in the Notice.

2.5.4 The Pre Bid will be held in the Office of the Deputy Housing Commissioner Madhya

Pradesh Housing and Infrastructure Development Board of the Circle concerned. The

bidders may request a clarification on any of the proposal document, but the same

should be submitted in writing to the client's address and should be submitted latest by

three clear days prior to the date of pre-proposal conference.

2.5.5 Requests received within stipulated time will be answered at the time of Pre-proposal

Conference. Copies of the client's response will be circulated to the all bidders who

have submitted online proposal, including description of the queries but without

identifying the source. Please note that late submission of request for clarification by

any bidder shall not be responded.

2.6 SELECTION PROCESS

2.6.1 The selection process will be done in a transparent manner and carry out evaluation of

proposal on the basis of mandatory requirement for general and technical criteria and

scoring criteria specified in the section.

2.6.1.1 Based on the information supplied in the RFP, firms would be qualified &

short-listed by the committee with reference to the eligibility criteria and only

the short listed (Technically Qualified) firms would be allowed to be present at

the time of opening of financial proposal.

2.6.1.2 The final selection of the firm would be based on the Quality and Cost Based

Selection (QCBS) procedure described in the RFP.

9

TENDER FEE AND EARNEST MONEY DEPOSIT

2.6.2 RFP documents are available at web site http:// www.mphousing.in and Documents

can be downloaded from the web site. The Cost of tender form is Rs.25000/- shall be

payable in form of Demand Draft in favour of The Executive Engineer, Madhya

Pradesh Housing and Infrastructure Development Board Singrauli payable at Singrauli

issued by any scheduled/nationalized bank in India.The proof of purchase of tender

shall be attached on top of the bid envelope.

2.6.3 The tenderers are requested to furnish EMD amounting to Rs. 135000/-(Rs One Lacs.

only) , through Demand draft in favour of The Executive Engineer, Madhya Pradesh

Housing and Infrastructure Development Board Singrauli payable at Singrauli

2.6.4 Offers of those only those bidders shall be opened whose cost of tender forms and

EMD are received by Demand Draft.

2.6.5 The Madhya Pradesh Housing and Infrastructure Development Board reserves the right

to accept or reject any or all the tenders without assigning any reasons therefore.

10

3. ELIGIBILITY CRITERIA

3.1 General Requirements

3.1.1 The Reputed firm empanel or non impanel with MPHIDB must be operating since

last proceeding 5 financial years (A certificate of statutory auditor shall be attached).

3.1.2 The firm must be registered under Companies Act 1956 or Counicil of Architects

1972 for preceding 5 years (Certificate of Incorporation shall be proof of this

3.1.3 The firm must have valid PAN CARD and Service Tax registration (A copy shall be

attached).

3.2 Technical Requirements

3.2.1 Minimum average annual turnover from professional fee in preceding three financial

years of lead or consortium member :-

• Rs. 0.30 crore for project cost less than 25 crore.

• Rs. 0.50crore for project cost less than 50 crore.

• . (Audited Balance sheet and CA certificate to be furnished)

3.2.2 The member of consortium must have works of PMC in hands on / successfully

completed at least two similar nature projects of cost more than this project or one

similar nature project of project cost min /equal to project cost of this project.

(Furnish a copy of performance certificate from owner/ employer).

3.2.3 The firm /Or/ consortium partner must have successfully designed (Architectural,

Structural, Services) at least two similar nature projects of cost more than this project

or one similar nature project of cost min /equal to the cost of this project in last 5

preceding financial years. (Furnish a copy of specific performance certificate for

designing of project from owner/ employer).

3.2.4 Consortium of three firms will be accepted.

3.3 Broad Qualifications and Experience Requirements of Professional Staff

3.3.1 Table -1

S.

N PARTICULARS

NO. OF

PERSONS

MINIMUM

QUALIFICATIONS

MINIMUM

EXPERIENCE

DURATION

REQUIREMENT

1 Principal Architect

cum Team leader

(Urban/town

Planner,)

01 Master of town

planning /urban

development and

planning,

Bachelors degree

in Architecture

and Membership

in council of

Architecture or

Institute of

Architects

30 years (10

years in Building

projects)

Full duration

(Intermittently)

2 Structural Design 01 M.Tech. / M.E. in 10years (5 years Full duration

11

Engineer Structural

Engineering

in Building

projects)

(Intermittently)

3 Fire Fighting Expert

can be sub

consultant

01 B.E./B.Tech

(Fire/ Electrical/

Mechanical

Engineering)

10 years (5 years

in the field of

Electrical design

of Building)

As and when

required

(Intermittently)

4 Design Electrical

Engineer and BMS

Expert (MEP)

01 B.E. Electrical 10years (5 years

in the field of

Electrical design

of Building)

As and when

required

(Intermittently)

5 Sr.Architect 01 Bachelors degree

in Architecture

8 years (3 years

in Building

Projects)

Full Time

6 Assistant Architect 01 Bachelors degree

in Architecture

5 years (3 years

in Building

Projects)

Full Time

7 Assistant Engineer

(Civil)

01 each for 25

crores andpart

of it

Bachelors degree

in Civil

Engineering

5 years (3 years

in Building

Projects)

Full Time

8 Junior Engineer

(Electrical)

01 each for 25

crores andpart

of it

Bachelors degree

in Electrical

Engineering

5years (3 years

in Building

Projects)

Full Time

9 Field Engineer 02 each for 25

crores andpart

of it

Diploma in Civil /

Electrical

Engineering

5 years (3 years

in Building

Projects)

Full Time

Note:-

1. It is desirable that the majority of the professional staff proposed be permanent employee/retainer

ship basis of/with the firm or Consortium has an extended and stable working relation with it.

2. Maximum age limit for all professionals is 65 years.

3. Input of Professional staff at Serial 5 to Serial 9 shall be of full duration during the Architectural,

Design, Consultancy period and thereafter intermittently as and when required during the

execution of their related work.

4. Remuneration of professional staff at serial 1 to 5 and other professional experts in addition to

the above mentioned shall also be included in the fee quoted for Architectural, Design and

Consultancy.

5. Professional staff at Serial 1 to 5 is expected to visit the project site at Regular interval during the

execution of their related work to ensure the execution of work as per specification.

6. Professional staff at Serial 1 to5 are expected to remain present during the inspection of

Employer’s authority.

3.3.2 In case Consultant fails to satisfy the above requirements the bid shall be considered non

responsive and shall not be considered for further evaluation and Consultant shall be

disqualified at this stage.

12

3.4 Scoring Criteria:-The relevant experience of firm shall be evaluated based on marking system

as under. The consultant shall have to satisfy the following criteria and as per the

performance marking shall be given and accordingly evaluation shall be made.

S.N. PARAMETER MAX

SCORE

CRITERIA

1 Relevant experience of

consultant firms in

preceding five years

60 Experience of Similar project

A. Having project cost equal to this project

(3 projects, 20 marks for each project)

60

B. Having project cost equal to 50% of this

project ( 6 projects, 10 marks for each

project)

60

C. Having project cost equal to 30% of this

project (5 projects, 12 marks for each

project)

60

2 Experience of Structural

and Services Designs

5 Experience of Similar projects having

similar nature service design experience ( 5

projects, 1 mark each)

5

3 Proposed Methodology

and Work plan

15 Understanding of TOR 5

Quality of Methodology, 5

Approach and methodology for execution

of the project

5

4 Relevant experience of

key personnel

70 Personnel No Min

Mark

Max for

experience and

education

above

Total

Architect and

Planner

1 10 4 14

Structural

Designer

1 7 3 10

Sr.Architect 1 7 3 10

Design

Electrical

Engineer and

BMS Expert

(MEP)

1 6 2 8

Assistant

Architect

1 6 2 8

Project

Manager

(Civil)

As

Reqd.

5 2 7

Project

Manager

(Electrical)

As

Reqd.

5 2 7

Field Engineer As

Reqd.

3 1 4

Safety

Engineer

1 2 - 2

13

4. PROPOSAL EVALUATION

4.1 General :From the time the bids are opened to the time the contract is awarded any effort

made by the Firm to influence the Client in the Client's proposal evaluation, proposal

comparison or contract award decisions may result in the rejection of the consultant's

proposal.

4.2Evaluation of Technical Proposals :-The individual member of the evaluation committee

appointed by the Client will carry out the evaluation of proposals on the basis of mandatory

requirement for general and technical criteria and scoring criteria specified in the eligibility

criteria for qualification. Each responsive proposal shall be preliminarily evaluated to assess

their performance andtheir capability with respect to mandatory requirement for general and

technical criteria. Based on this evaluation of responsiveness of bid shall be decided. The

consultant do not satisfy this mandatory requirement, their bid will be considered non

responsive. No further evaluation shall be made for such bid and the consultant

disqualifying for further evaluation. Each responsive proposal shall be further evaluated for

technical content and will be given a technical score (St). The Client shall notify consultants

of the rejection of their Technical Proposal indicating that & their Financial Proposals shall

remain unopened after completing the selection process.For technical scoring a 70%

weightage of 150 marks is assigned, marking system is as under:-

Group

No

Category Maximum

Marks

1 Relevant Experience of the Consultant’s Firm in last five

years in India

60

2 Relevant Experience in structural design of high-rise building

using alternative technology (Other than traditional)

05

3 Proposed Methodology and Work Plan 15

4 Relevant Experience of the Key Personnel 70

Total 150

Any proposal not complying with the instructions or is poorly presented or has omissions

shall be liable to rejection at this stage.

4.3 Opening and Evaluation of Financial Proposals :- The Financial Proposals shall be

opened publicly in the presence of the consultants' representatives who choose to attend.

The name of the consultant, the quality scores, and the proposed prices shall be read aloud

14

and recorded when the Financial Proposals are opened.

For financial evaluation, the total lump sum fee indicated in the Financial Proposal shall be

considered. MPHIDB will determine whether the Financial Proposals are complete,

qualified and unconditional. The cost indicated in the Financial Proposal shall be deemed as

final and reflecting the total cost of services. Omissions, if any, in costing any item shall not

entitle the Firm to be compensated and the liability to fulfill its obligations as per the RFP

within the total quoted price shall be that of the Consultant’ Firm.

4.4In order to allow comparison of financial proposal on a common basis, each financial

proposal will be carefully scrutinized and total price shall be determined. The score for each

financial proposal is inversely proportional to its total price. The lowest financial proposal

(Fm) will be given a financial score (Sf) of 100 points. The financial score (Sf) of other

financial proposal will be computed as under.

4.5 Formula for determining the financial scores:

Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price

of the proposal under consideration. The weights given to the Technical and Financial Proposals are: T = 0.70, and P = 0.30

4.6 Combined and final evaluation

Proposals of the post qualified applicant consultants during the process of evaluation

of the technical bid will finally be ranked according to the total score (Technical Score

+ Financial Score).

For this QCBS (Quality & Cost Based Selection) evaluation, the lowest evaluated.

Proposals will be ranked according to their combined technical (St) and financial (Sf)

scores using the weights (T = the weight given to the Technical Proposal; P = the weight

given to the Financial Proposal; T + P = 1) as under.

S = St x T% + Sf x P%.

The Firm achieving the highest combined technical and financial will be ranked as

first

4.7 The Selected Applicant Consultant shall be the first ranked Applicant Consultant .The

second ranked Applicant Consultant shall be kept in reserve and may be invited for

agreement in case the first ranked Applicant Consultant withdraws, or fails to comply with

the requirements specified hereinabove. MPHIDB Reserves the rights to allot the work to

the next lowest bidder.

4.8 This evaluation procedure reflects the high importance attached to quality and competence.

Please note that the Client is not bound in any manner to select any of the Firms submitting

proposals or to select the Firm offering the lower price

4.9 AWARD OF CONTRACT :The allocation of the consultancy work will be decided by

competent authority of client without any prejudice to any consulting agency.

4.10 CONFIDENTIALITY :Information relating to evaluation of proposals and

15

recommendations concerning awards shall not be disclosed to the consultants who

submitted the proposals or to other persons not officially concerned with the process, until

the winning Firm has been notified that it has been awarded the contract.

5. DATA SHEET

Information to Consultant

S.N. Name of work :

1 Appropriate project cost : 4500 Lacs

2 Source of fund : MPHIDB

3 The Employer : MPHIDB

4. Representative/Contact Person and Address of the

Employer/ Communication

: EE MPHIDB

SINGRAULI

5. Cost of Tender form : Rs 25000.00 by DD of

Nationalized Bank in

favour of The

Executive Engineer,

Madhya Pradesh

Housing and

Infrastructure

Development Board

Singrauli payable at

Singrauli

6. Earnest Money Deposit : Rs 1.35 Lacs in the form

of DD in fabour of the

Executive Engineer,

Madhya Pradesh

Housing and

Infrastructure

Development board

Singrauli payable at

Singrauli prepared by

any Nationalized Bank.

7. Project Implementation Period : 36 Month or actual

completion of project

whichever is less

8. Consultancy period : 36 Month or actual

completion of project

whichever is less

9. Bid Validity : 180 days from due date

for submission of bid.

10. Submission of document. : 29/06/2016 till 3:00PM

11. Opening of the Technical Bids (Date & time) : 30/06/2016 at 3:30 PM

12. Opening of the Financial Bids (Date & time) : 07/07/2016 at 1130 AM

12. Place of Opening of Bids

: Office of the Dy.

Housing

Commissioner

Housing and

Infrastructure

Development

Board,Rewa (M.P.) 13. Evaluation of Technical Bids : As per evaluation criteria

14. Security Deposit : 5% of accepted

Consultancy cost and

16

will be recovered from

bill.

15. Performance Security(Bond) : 5% of accepted

Consultancy cost in form

of Bank Guarantee of

any Nationalized Bank

with validity 6 months

after stipulated project

consultancy period.

16. Liquidated Damages for Delay : There will be reduction

in the contract price

@1/2% (zero point five

percent) for each week

of delay or part there

of,subjected to a

maximum of 10% of the

consultancy cost.

17. Method of Selection : Quality and cost based

selection

17

6.0 STANDARD DATA FOR TECHNICAL BID

6.1 Technical proposal submission form

6.2 Firm’s references

6.3 Consultants Turnover from Consultancy Services.

6.4 Comments and suggestions on the Terms of Reference.

6.5 Description of the methodology and work plan for performing the assignment

6.6 Team composition and task assignments

6.7 Format of Curriculum Vitae of proposed professional staff

6.8 Activity (work) schedule.

18

6.1 TECHNICAL PROPOSAL SUBMISSION FORM

(On letter head of the firm)

To,

The

M.P. Housing and Infrastructure Development Board

4th

Floor, Block 3,

ParyavasBhavan

Arera Hills, Bhopal (M.P.)

Subject: Technical proposal for Selection of Consultancy Services for Preparation of DPR,

Document for Bid Process, Architectural Services, Project Monitoring, Supervision and

Quality Control for Construction of 290 Houses of (C.E.F.G.H.I Type Houses) Under

Redensification Policy 2016 of Govt. of Madhya Pradesh at Waidhan, Distt. Singrauli,

(M.P.)

Sir,

We, the undersigned, offer to provide the consulting services for Architectural, Design and Project

Management Consultancy Services for . . . . . .. . . . . . . . . . .. . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . accordance with your

Request for Proposal dated ............... We are hereby submitting our Proposal, which includes Technical

Proposal and a Financial Proposal sealed under a separate envelope.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorised Signatory

Name and Title of Signatory:

Name of Firm:

Address:

19

6.2 FIRM’S REFERENCES Relevant Services Carried out in the Last Five Years

Which Best Illustrate the Qualifications

Using the format below, provide information on each reference assignment for which your

firm/entity, either individually as a corporate entity or as one of the major companies within an

association/JV, was legally contracted.

Assignment Name: Country with location:

Assignment Period : Cost of Project (Construction) in INR:

Name of Employer : Address with Telephone No. & Fax No.:

Actual Start

(Date /Month /

Year)

Actual Completion

(Date/ Month / Year)

Value of Consultancy Services Received

(In INR):

No. of Staff Provided by the Firm: No. of Staff Months Provided by the Firm:

Name of Association Firm(s) if any : Address with Telephone No. & Fax No of the

Association Firm.:

No. of Professional Staffprovided by

Associated Firm(s)

No. of Staff Months Provided by the Associated

Firm:

Approx. Value of Services given by the

Consultant (In INR) :

Approx. Value of Services given by the

Associated Firm (In INR) :

Name of Senior Staff (Project Director / Coordinator, Team Leader, etc.) of the consultant

involved and functions performed:

Narrative Description of Project :

Description of Actual Services Provided by the consultant’s Staff :

20

6.3CONSULTANTS ANNUAL TURNOVER

ANNUAL TURNOVER DATA FOR THE LAST 3 YEARS

Note :

In support of the Annual Turnover, copies of the Audited Financial Statement/Turnover

Certificate duly certified by a Chartered Accountant should be enclosed.

Signature of Authorized Representative

Year Amount (in INR)

2011-2012

2012-2013

2013-2014

2014-2015

2015-2016

Average

21

6.4 COMMENTS AND SUGGESTIONS OF CONSULTANTS

ON THE TERMS OF REFERENCE

On the Terms of Reference

1

2

3

4

5

NAME CONSULTING FIRM:

22

6.5 DESCRIPTION OF THE METHODOLOGY AND

WORK PLAN FOR PERFORMING THE ASSIGNMENT

23

6.6 TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Personnels:

Sn. Name Position Task

1. To be assigned

later

Principal Architect Cum

Team Leader

2 Structural Design Engineer

3 Sr.Architect

4 Design Electrical Engineer

and BMS Expert

5 Assistant Architect

6 Project Manager (Civil)

7 Project Manager

(Electrical)

8 Field Engineer

9 Safety Engineer

24

6.7 FORMAT OF CURRICULUM VITAE (CV)*

FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:__________________________________________________

Name of Firm: ______________________________________________________

Name of Staff;______________________________________________________

Professional Qualification:_____________________________________________

Date of Birth________________________________________________________

Nationality_______________________

Years with Current Firm/Entity _________________________

Membership in Professional Societies _____________________________________

Detailed Tasks Assigned _______________________________________________-

Key Qualifications:

(Give an outline of staff member’s experience and training most pertinent to tasks an

assignment. Describe degree of responsibility held by staff member on relevant previous

assignments and give dates and locations. Use about half a page).

Education

(Summarize college/university and other specialized education of staff member, giving names of

schools, dates attended ,proof of degrees obtained and documentary evidence of age proof)

Employment Record

(Starting with present position, list in reverse order every employment held). List all positions

held by staff member since graduation, giving dates, names of employing orgnizations, titles of

positions held, source of funding for the projects handled, types of activities performed and

client reference, where appropriate.)

Languages known

(For each language indicate proficiency – excellent, good fair or poor, in speaking reading and

writing)

25

Summary of the CV

(Furnish a summary of the above CV. The information in the summary shall be precise and

accurate. The information in the summary will have bearing on the evaluation of the CV).

A) Education:

i) Field of Diploma/Graduation and year

ii) Field of Graduation/Post graduation and year

iii) Any other specific qualification

B) Experience

Total experience in Building Project: ____________ YrsResponsibilities held

S.No. Position Held Period Assignment

period From To

Undertaking :

I, the undersigned certify that to the best of my knowledge and belief, these data correctly

describe me, my qualifications, and my experience. Further I certify that I am available for the

assignment and shall be willing to work for the client for the entire duration of the position. I

have also not left any ongoing project of the client without its approval and have not been

debarred by the client in past.

Date (Day/Month/Year) :________

Signature of staff member Signature of Authorized representative of the Firm

Full name of staff member Full name of authorized representative

Note:- CVs should be originally signed in blue ink on each page by both the proposed

professional staff and the authorized representative of the firm along with the proof of age and

qualification. Key information should include number of years working for the firm/entity, and

degree of responsibility held in various assignments. Photocopy or unsigned CV shall not be

considered.

26

6.8ACTIVITY (WORK) SCHEDULE

A Field Investigation and Study Items

Sno. Item of Activity

(work) Monthwise Program (in form of Bar Chart)

[1st, 2

nd, etc. are months from the start of assignment]

1st 2

nd 3

rd 4

th 5

th 6

th

Reports (for each Work contract

package)

Frequency

1. Monthly Progress report Every month

By 10th

of following Month (3 copies)

2. Quarterly Progress Report Every Quarter

By 10th

day of April, July, October and January

(3 copies)

3. Supervision Manual At commencement time (3 copies)

4. Completion report On completion of construction

(3 copies)

5. Final Completion Report & CD Once

On completion of Defect Liability Period(3 copies)

27

7. STANDARD DATA FOR FINANCIAL PROPOSAL (On letter head of the firm)

(Location, Date)

To,

The

M.P. Housing And Infrastructure Development Board.

4th Floor, Block 3, ParyavasBhavan

Jail Road, Bhopal (M.P.)

Subject: Financial Proposal for Selection of Consultancy Services for Preparation of

DPR, Document for Bid Process, Architectural Services, Project Monitoring, Supervision

and Quality Control for Construction of 290 Houses of (C.E.F.G.H.I Type Houses) Under

Redensification Policy 2016 of Govt. of Madhya Pradesh at Waidhan, Distt. Singrauli,

(M.P.)

Sir,

We, the undersigned offer to provide the services for Architectural, Design and Project Management

Consultancy for . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . .in accordance with your

Request for Proposal dated …. . . .(Date)….. . . . . and our proposal (technical & financial).

The total financial quote for the assignment/ job is as under:

Particular Amount %

(percentage) in

figure

Amount % (Percentage) in

words

Total Cost for Architectural, Design

and Project Management

Consultancy Services including all

taxes, duties, cess, etc. but

excluding service tax for cost of

construction approximately Rs.

45.00 Cr

Our financial proposal shall be binding upon us subject to the modifications resulting from

contract negotiations, up to expiration of the validity period of the Proposal i.e. [Date]. We

undertake that in competing for (and, if the award is made to us, in executing) the above

contract, we will strictly observe the laws against fraud and corruption in force in India namely

“Prevention of Corruption Act 1988”. No commission or gratuity of any kind is included in the

proposal as it is not allowed.

We understand that you are not bound to accept any Proposal you receive.

Yours sincerely,

Signature Authorised Person

Name and Title of Signatory:

28

Name & address of Firm:

7.1 SUMMARY OF COSTS

No. Description Amount in

figures (in INR)

Amount in words

(in INR)

I Architectural and Design

Consultancy Fee

II Project Management

Consultancy Fee (Remuneration

for professional Staff)

TOTAL COST (Including all

Taxes but excluding Service Tax)

Note: The Payments will be made as per stipulations of the Special Conditions of Contract

29

7.2 BREAKUP OF COSTS

7.2.1ARCHITECTURAL AND DESIGN CONSULTANCY:-

S.

No

.

Particular PAC Percentag

e on PAC

( in INR)

Amount

in

figures

(Rs)

1 Architectural and Design Consultancy Fee for.. .. .

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

2 Fee for Replication of Architectural Consultancy

. . . . . . . .. . . . . . . . . . . with ancillary work

mentioned in sub-clause 2.5 of TOR such as soil

investigation, geo-technical survey, preparation

of concept plan, drawings, budget, etc.

Total

Note :-

1. The Fee shall be calculated on the basis of Probable Amount of works initially. Any

increase/decrease in Probable Amount of works in comparison to the awarded value shall

subsequently be regulated in line with awarded value of works.

2. This shall include which Architect, Design and Project Management Consultancy Firm have

to incur to prepare the design and drawings of Civil, Electrical, Mechanical, Air Conditioning,

Intelligent Building Management System, Fire fighting/Security System, Land Scaping and all

other allied services required to complete the work in all respect including preparation of BOQ,

Bid Document, Technical Specification etc. including cost of engaging specialist Consultants

for any of these services. Firm has to submit detailed schedule of payment, on award of work,

based on different services required to be rendered and get approval of the Employer for

reimbursement of claim under this head. The payment will be regulated according to the

approved schedule of payment subjected to satisfactory completion of particular services.

3. This shall also include expenditure likely to be incurred on office furniture*, office

equipment**, electricity, other equipments necessary for site and required for executing the job,

water supplies, vehicles for office and field visits, office support staff, all traveling expenses of

all personnel, stationery required for regular office use, reporting, documentation etc.

* Office furniture shall comprise to run the Consultant’s office items like desks, chairs,

computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa set etc.

** Office equipments shall comprise Consultant’s office items like plotter, laser printer, photo

copy machine, external CD writer, lap top, camera, SLR, generator, refrigerator etc.

30

7.2.2 PROJECT MANAGEMENT CONSULTANCY FEE (REMUNERATION FOR

PROFESSIONAL STAFF)

Sn

.

Designation of

Professional

Staff

Man

months

No. of

Persons

Remunerat

ion Rate

per Man

month in

INR

Total Remuneration

Amount (INR)

in figure in words

1 Assistant

Engineer (Civil) 36 02

2 Sr.Architect

18 01

3 Assistant

Architect 18 01

4 Junior

Engineer

(Electrical)

36 02

5 Field Engineer

36 04

Subtotal for Professional staff (B)

Name &Signatureof Authorized

Signatory

With Seal of the Firm

31

7.3 Form in which bills for monthly payment are to be presented

Percentage/No. Rate in

(INR)

Amount (in

INR)

I Architectural, Design

Consultancy Fee

II Project Management

Consultancy Fee

(Remuneration for

professional Staff)

Total

Minus

Advance Repayment

Total Payment due

Add for service tax

Accumulated Total

Name & Signature

of Authorized Signatory

With Seal of the Firm

32

8. TERMS OF REFERENCE (TOR)

a. Background

i. Building Location – The Location of plot is Waidhan Distt. Singrauli.

ii.It is proposed to engage highly qualified Consultants with proven relevant experience for

construction of same nature of work.

iii.The EMPLOYER will be the Executing Agency for this project. The work will be executed

as deposit work by MPH&IDB which is a premier agency engaged in construction of

buildings for the State Government in Madhya Pradesh).

iv. Requirement of Minimum services to be rendered by the consultant :

(i) To prepare detailed layout plan of complete scheme, design and prepare

conceptual and working drawings for Architectural, Structural & other allied

services, specifications, detailed cost estimates, Bill of Quantities (BOQ), Bid

documents etc for all works.

(ii) Obtain all approvals from statutory authorities.

(iii) To assist MPH&IDB in Bid Invitation, appointment of contractor.

(iv) To act as representative, supervise and monitor the renovation/construction work

with a view to ensure quality and timely completion of work(s).

(v) To check & verify the measurement of work(s) of contractor (s) as per set norms

& procedures and propose it to the executing agency for realization of bills.

v. Board construction requirements:- The consultant has to design building taking into

account the maximum height limitations and maximum FSI (floor space index) at the

existing building locality. The vision of the employer is to have following additional

amenities.

8.1.6 Broad Scope of Work of the Consultant:- The selected Consultant is required to do

detailed Engineering Survey including Boring (at least one Bore upto 20 meter

depth)/Trial pit, obtain approval from competent authorities for any permission related

to the work, preparation of detailed layout plan of complete scheme, design and

prepare conceptual/working drawings, elevation proposals with 3D modeling &

renders for Architectural, Structural & other allied services, preparation of Detailed

Cost Estimate, Bill of Quantities (BOQ), Bid Documents and Technical Specifications

for Construction of 290 Houses (C.E.F.G.H.I Type Houses) the architectural firm

shall be replicated with suitable modifications as per availability of land, soil survey,

geotechnical investigations, etc. as mentioned below. The Consultant has to submit

separate concept plans, drawings, budgets, Bill of Quantities for each location.

However, as regards Project Management Consultancy, the selected Consultant has to

deploy separate team for each location.

The scope of work of the Consultant may include but not limited to the following.

i. Arranging site survey and all Geo-technical investigation required for structural

design and other purposes, soil investigation etc.

ii. Preparation of Inception reports

iii. Preparation of Concept/Master Plan (2-3 proposal till the satisfaction of

employer)

iv. Preparation of Detailed Project Report on the basis of various proposed schemes

33

v. The consultant has to prepare sections and elevation drawings of all items, 3D

view/model/computer walk through etc for work(s).

vi. Preparation of budget estimates for review and administrative approval

vii. Preparation of detailed Bill of Quantities, detailed estimates and drawings for

review and approval.

viii. Rate analysis of all the items on the basis of CPWD/MORTH and latest PWD

schedule of rates and for items not covered by PWD SOR, on the basis of

market rate with supporting documents in the standard format/pattern

ix. Preparation of tender documents including tender drawings, BOQ, technical

specification, furnishing copies in sufficient numbers to enable MPRDC call for

tenders.

x. Evaluation of tenders and preparation of tabulation, taking up clarification and

submitting recommendation to MPH&IDB for award of work.

xi. Issue of good for construction drawings to the contractor after award of work.

xii. Site Management and supervision of work at site and quality control by engaging

qualified and experienced site personnel.

xiii. Taking joint measurement of works completed and certification of Bills for

payment by MPH&IDB.

xiv. Progress monitoring, reporting and preparing / advising action plan for expediting

the work.

xv. Advising on safety measures.

xvi. Preparation of time lines and programme for project implementation.

xvii. Liaising with Government and local bodies.

xviii. Providing all assistance for statutory approvals.

8.2Scope of work: The scope of consultancy services for each major areas includes, but shall

not be limited to following activities broadly divided into the following two major phases.

The Consultant shall function as

(1) Architect to do detailed Engineering Survey including Boring (at least one Bore upto 20

meter depth)/Trial pit, obtain approval from competent authorities for any permission

related to the work, preparation of detailed layout plan of complete scheme, design and

prepare conceptual/working drawings, elevation proposals with 3D modeling & renders for

Architectural, Structural & other allied services, preparation of Detailed Cost Estimate, Bill

of Quantities (BOQ), Bid Documents and Technical Specifications for all works.

(2) Project Management Consultant as the ‘Engineer’ which involves Project

Management in terms of Detailed Planning, Monitoring , Coordination with other

department/agencies, Supervision of Work, Contract Management, Quality Assurance,

Timely Engineering decision and approval thereof from Employer, Recording of

Measurement/Bills, Assisting in arbitration & litigation cases and all other necessary

steps/decision required for timely completion of Project.

8.2.1 Architectural and allied Services:

34

1. Preparation of Three alternative sketch design plant elevation of the proposed work.

2. Timely Preparation of final Arch& allied works drawing and submission of drawings.

3. Obtaining statutory approval of local/govt. authorities i.e. corporation Electricity board

Fire department, Lift safety etc. Payments made to local/govt. department by consultant

shall be reimbursed by MPH&IDB.

4. Prepare of stage-I and detailed estimate, Bill of Quantities and specification and also

tender document in the approved tender forms of MPH&IDB.

5. Assist MPH&IDB in selection of tenderer. The consultant is required to furnish technical

clarification/explanation on specific quarries of bidder during pre-bid meeting if

required.

6 Preparing working drawing and detailing of entire work including detailing for interior

design, furniture design, electrification, plumbing, sanitary, acoustic, Lift, HVAC,

IBMS, CCTV, Access Control, PA System, Fire fighting, Water harvesting,

Landscaping, Graphic signage and Sewage and garbage disposal systems and external

development, water connection plan from Municipal Corporation..

7. Maintain periodical site visit and monthly site meetings

8. Preparation of time schedule for completion of project and revision thereof if needed.

9. Obtain completion certificate from local authorities, like Final completion drawing from

Bhopal Municipal Corporation, fire fighting certificate.

10.Supply of final drawings in 6 sets & supply of computerized drawing files in

CDs/Pendrives after finalization as & when required by employer in AutoCAD 10

drawing format.

8.2.2 Design / Technical:

The scope of work shall include preparation of detailed structural design of Building

and other services. All structural design shall be got vetted by structural Engineering

department of MANIT, Bhopal or any other reputed engineering collage suggested by

MPH&IDB. Payment for structural design approval to Govt Engineering college will

be done by the consultant, which will be not reimburse to him.

Consultant shall insure that all design and drawing are prepared in accordance with

relevant by-laws of statutory authority, Indian Electricity act and Indian standard

specification.

The consultant shall engage MANIT,Bhopalor any other reputed engineering collage

suggested by MPH&IDB as proof consultant for structural work/. All structural

drawings shall be provided to the contractor/employer after vetting by the proof

consultant and with specific certificate that the “design being provided is

economical, optimum, earthquake resistant and safe and is in accordance with

the upto date and relevant ‘IS Code”. However, the consultant shall be fully

responsible for the correctness and accuracy of structural/ services and drawings

notwithstanding the approval by the employer. Adequate scope for future expansion,

35

in case of possible improvement in building bylaws in due course, must be included in

the design before finalization.

8.2.3 Quality Control:

1. To finalise construction related procedures such as Technical Specifications,

Construction Practices and Quality Assurance.

2. To prepare, submit and implement a system of Quality Assurance of works; ensure

quality of materials and sources of materials; formulate and implement sampling and

testing procedure and Quality Control measures to ensure required standards and

consistency in quality.

3. Supervise & approve the setting up of laboratory (including calibration of

equipment’s) and field tests carried out by the Contractor. Consultant has to get

conducted 100% of the field test in their presence.

4. Undertake special tests of materials and/or completed works, undertake removal and

substitution of improper materials and /or works as required.

5. To issue orders for Stoppages of part of work or removal of any unapproved / rejected

work or materials and also covering work which has not been inspected for acceptance

or rejected as unacceptable from site forthwith, recording reasons for rejection etc.

6. To advise Employer on progress and quality of the works being executed by the

contractor on Monthly basis in the form of Monthly Progress Report, to the

satisfaction of employer.

7. Inspect and approve the materials at site as per specifications before they are used in

work.

8. Inspect the execution and performance of the work with regards to workmanship

compliance with specifications and all other testing required for acceptance any item

of Work.

8.2.4 Construction Supervision:

1. To supervise and monitor that the construction works are in accordance with the

approved technical specifications, Environmental provisions and other stipulation of

contract documents. The construction methods proposed are in compliance with the

stipulations particularly, in relation to construction equipment and other resource

deployment.

2. To scrutinize and certify whenever required, contractor’s materials reconciliation

statements prepared by contractor.

3. To supervise all site work(s), to approve the actions taken by the contractor and works

executed by the contractor. Employer shall take suitable action on the suggestions

deemed fit/all deviations, in terms of, as pointed out by the Consultant.

36

4. A detailed list of pending defects to be carried out by the Contractor will be handed

over to Employer before withdrawal of manpower by the Consultant, in case of fore

closure of the Consultant/contract agreement.

5. Whenever final measurements are to be made, the Consultants Team Leader will

inform the contractor and Employer 7 days in advance, the Employer may authorized

his representative who will be empowered to participate and check, if so wishes, any

measurements.

6. Getting the rectification of defects (if any) in the works carried out through the

respective contractor till payment of Final Bill.

7. Defect Labiality Period is 5 year after the completion.

8. During the Defect Liability Period, the Principal Architect cum Team Leader,

Structural Engineer of Consultant has to inspect the Building quarterly and submit the

report along with the remedial measures. Consultant will ensure for rectification of the

defects by the Contractor during the defect liability period and issue Defect Liability

Certificate.

9. Shall be responsible for obtaining good workmanship with respect to lines, levels,

plumb, finish, etc. Shall check all centerlines, dimensions, levels and plumb at all

stages of work with reference to working drawings and shall ensure correct

dimensions of all elements.

10. Inspection and certification of equipment at manufacturer’s works for HVAC,

Electrical, Communication, Fire fighting systems or any other equipment will be

planned in coordination with the officer designated by the Employer who may depute

his representative for the inspection.

11. The consultant should ensure proper functioning of all system before the completion

of DLP.

8.2.5 Project Management:

1. To approve construction schedule, method statements material sources,

manpower/machinery deployment plans submitted contractor and review the same

periodically as per PERT.

2. CONSULTANT shall provide manpower at site timely and only experienced persons

will be provided at site.

3. Review and approve contractors proposed Personnel for positions nominated in contract.

4. Approve/suggest modifications in contractors work programme, method statement and

material sources etc.

5. To prepare manual for maintenance and operation of the facilities during and after

execution of the project submitted by the contractor.

6. To prepare and issue working drawings timely at site or requisition new/supplementary

drawings, which are not provided.

7. Check contractor setting out for conformance with the good for construction/working

drawing.

8. To work out the savings on material and ensure that this benefit/tax concession passes on

to the Employer.

37

9. To maintain necessary record like measurement book including taking all measurement

as per MPH&IDB system of measurement

10. Prepare variations calculated by appropriate rate analysis for non-priced works, using

prevailing schedule of Rates as far as possible. The variations proposed to employer

for approval shall have proper reasoning justifying its necessity along with expected

financial implication on the project.

11. Identify Construction delays and recommend to the contractor the remedial measure to

expedite the progress under intimation to EMPLOYER.

12. To monitor Project for compliance to the Plans and Designs as detailed in the estimates,

for timely completion and within the Cost Estimates.

13. To monitor and check the day to day work/activities and certify for payment when the

quality of the works is satisfactory and the quantities are correct

14. To take measurements required for the purpose of Bill Payments and carry out all

calculation in a manner that Interim Payment Certificate is submitted to the employer

on monthly basis. The IPC shall reach the employer for payment by First week of

every month.

15. Consultant has to take prior approval of Employer in issuing / approving variation in

quantity exceeds 10% variation of individual items or aggregate variation exceeds 5%

of the contract value. Employer’s approval should also be obtained for issuing /

approving /sanction of additional cost, sums or cost and variation of rate and prices.

16. To maintain a site order book issued by Employer in duplicate at site for the issuance of

time to time instructions and compliance reports which shall be the property of

Employer and shall be duly certified by the Consultant. A copy of site order book

should accompany the IPC along with the copy of the test reports relevant to IPC.

17. Maintain record such as good for construction /working /as built drawing, test data,

details of variation, correspondence and diaries in format approved / specified by

Employer. They should also keep measurement record including measurement books

issued by the Employer.

18. Update cost estimates till completion (25%, 50%, 75% and 100%) of the project period

and submit variation statements as and when required.

19. To certify and re commend extension to be given to the contractor for delay in contract

for reasons not attributable to the contractor, or else. After approval from the

employer, the Consultant shall issue necessary orders for time extension.

20. To issue on behalf of Employer, notes, damages, claims, claims of interest, penalty etc.

wherever applicable to the contractor for Contract Administration.

21. Any other activity as per provision of the Agreement.

22. Analyze, any claims submitted by contractor, and prepare report based on contractual

documents addressing technical & financial issues, and propose recommendations.

Also prepare reply on behalf of Employer.

23. To mediate and assist in timely resolving disputes between EMPLOYER and contractor

during constructions and also after completion.

24. Assisting in Arbitration and Litigation cases with contractors/suppliers including

preparation of replies etc.

25. Submit all relevant details including replies and assist the Employer with respect to

arbitration, litigation etc., and to mediate in resolving disputes between Employer,

Consultant & Contractor.

38

26. Assist in replying audit queries and also suggest interpretations of technical

specifications and other contract documents.

27. Shall preserve field books and measurement books supplied by Employer in safe custody

and shall return the same to Employer after completion of project or as advised by

Employer.

28. Shall ensure safety of structure by taking all necessary precautions and by not allowing

excessive construction loads such as dumping of excessive materials, overcrowding

on floors and shall avoid such other factors which will endanger the safety of structure

during construction.

29. Shall ensure that safety of personnel working at site/ inspecting the site by taking

precautions by putting barricades, night lamps, near trenches, pits, open shafts, lift

shafts, edge of floors, terraces and such other places and to insist on compliance of

safety code such as use of helmets, etc., on work site.

30. The CONSULTANT shall see that advance action is taken by the contractor to

decoration, make suitable provisions for inserts during construction of civil works for

various services like electricity, air conditioning, water supply, sewage system,

interior ventilation etc.

31. Shall ensure that work proceeds smoothly and not hampered for want of decisions/

drawings/ clarifications.

32. A detailed Contract Completion/ Final Report in 6 copies are to be submitted to the

Employer. The Consultant will prepare a comprehensive final completion report of the

construction contract package after completion of the work. The report shall

incorporate summary of the method of construction, the construction supervision

performed, as built construction drawings for all works, problems encountered and

solutions undertaken thereon and recommendations for future projects of similar

nature to be undertaken by the employer. The Consultant shall submit the self

appraisal report within the prescribed time summarizing the following details:

a. Details of Personnel including substitution made during the assignment.

b. Details of variation orders issued.

c. Details of extension of time granted to the Contractor.

d. Details of Quality Assurance System.

e. Quality observed at site by the Consultant.

f. Details of claims.

g. Special preventive measures for maintenance suggested by the

Consultant.

33. A Quality Assurance Manual in 7 copies, detailing all QA/QC procedures, to be

submitted within 30 days of commencement of services.

34. Maintenance Manual, detailing routine and periodic maintenance tasks that will be

required to maintain the completed Project.

35. Shall ensure approval of extra items (if any) during the construction period and submit

the variation timely.

36. Certify completion of part or all of the work and submit it to Employer.

37. Obtain completion plans and “As Build” Drawings with all certificates of the

Completion from Contractor and approve them.

38. If the Consultant desires an extension of time for the completion of the work on the

grounds of CONSULTANT having been unavoidably hindered in its execution or any

other ground, CONSULTANT shall apply in writing to the officer designated by the

Employer within 7 days of the date of the hindrance on account of which

CONSULTANT desires such extensions as aforesaid and the Officer designated by

39

the Employer shall, if in his opinion reasonable (Which shall be final) there after

authorize such extension of time, if any, as may in his opinion be necessary or proper.

8.2.6 General:

1. To approve specifications of Materials required for the Project and to conduct Market

Survey and carry out Rate Analysis to arrive at Fixed Rates (Floor Price) of any

specific Materials required for the Project not covered in BOQ on or before the

currency of work(s).

2. Shall attend periodic site meetings/ meetings in Employer office and discuss site

conditions bottlenecks faced likely hindrances, time overruns, cost overruns and any

other important matter along with solutions proposed. CONSULTANT will be

required to submit periodic reports concerning quality standard and progress of the

project and also prepare Minutes of Meeting and submit immediately.

3. Shall ensure that contractors have complied with registration under Contract Labour

(Regulation and Abolition) Act and abide by laws pertaining to labour including

payment as per Minimum Wages Act (Consultant should ensure a submit a certificate

to MPH&IDB with each IPC that payment to laborers has been done in compliance

with Minimum Wages Act) and any other Act or enactment relating thereto and rules

framed there under from time to time. The CONSULTANT shall ensure compliance

by the contractors of all labour laws and relevant Statutory Acts including Labour

License, Minimum Wages Act, etc. and also monitor the status of contractor

compliance with HIV, AIDS/Child Labour, Labour Laws and equal payment to equal

work provision in Civil Contract.

4. Shall ensure that contractors have taken requisite “All Risk Insurance Policies” to

cover workman under Workman Compensation Act, loss/ damage caused by natural

calamities/ accident/ accidental collapse of partially completed work, materials and

plant at site and for third party claims for injury/ damages. CONSULTANT shall

ensure that all such policies remain in force throughout the execution of project.

5. Shall take custody of objects of value and antiquity found on site during excavation or

otherwise and hand over to Employer official.

6. The Employer undertakes no responsibility in respect of any life, health, accident,

travel and any other insurance for the personnel deployed by CONSULTANT.

7. The CONSULTANT shall be responsible for any damage or loss on account of

neglect of professional duty or conduct on the part of such staff or Engineers or

others. To this effect, the CONSULTANT shall indemnify Employer.

8. The Employer shall not be liable for any injury/ death, caused to any official,

employee, representative or agent of the CONSULTANT or their Consultants working

at the site or damage to their properties for any reason whatsoever and Employer shall

not entertain any claim from any person on that behalf. It would be the responsibility

of the CONSULTANT to get their officials, employees, representatives, agents or

their Consultants insured against the possible risks involved in the discharge of their

duties at the work site.

40

9. CONSULTANT shall make their own arrangements facilities in the site office for

their staff like furniture, telephone/ fan, Computer, e-mail facility, Fax etc. The

CONSULTANT at their cost will install PCs with requisite software's for Project

Management on site. Electricity for lights, Fan, PC etc. for the site office will have

to be arranged by CONSULTANT.

10. The CONSULTANT shall not have any objection to Employer maintaining any

Engineering staff at its own cost at the site of work to carry out work and duties

allotted to them by Employer, in respect of all the work at site or other areas outside

the scope of CONSULTANT works for overall surveillance, security and

verifications.

11. Except with the prior written consent by the Employer, the CONSULTANT and their

representatives shall not any time communicate to any person or entity any

confidential information disclosed to them for the purpose of the services. The

CONSULTANT shall not publicize any information pertaining to Employer which is

discussed with them during course of execution of work in the interest of project

completion.

8.2.7 Timing of Services:It is anticipated that the consulting services defined under this TOR

will commence in December 2016. The actual commencement date will be confirmed

during negotiations and will be dependent upon progress towards award of contract with

the Contractor(s) for construction of the Project.

The period of services has been derived on the basis of the consulting services

commencing two months prior to commencement of construction and extending sixty

months beyond completion i.e. up to the end of the Defect Liability Period. However,

neither the commencement nor completion of construction work shall be construed as

necessary conditions of either commencement or completion of services.

8.2.7.1 Staffing

Consultants are required to deploy atleast following personnel:

Sn. Particulars

1 Principal Architect cum Team Leader

2 Structural Design Engineer

3 Sr.Architect

4 Design Electrical Engineer and BMS Expert

5 Assistant Architect

6 Assistant Engineer (Civil)

7 Junior Engineer (Electrical)

8 Field Engineer

9 Safety Engineer

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10 --

8.2.7.2 The total implementation period for Construction Supervision and Project Management

Consultancy Services will consist of (i) the construction period of 36 months (ii) a

Defect Liability Period of 60 months, as per the arrangement proposed. The site

supervision team would be mobilized on the date of actual commencement of works by

the Consultant as decided by the Employer. During the defect liability period, the

Principal Architect cum Team Leader along with other staff, will be required to inspect

the work quarterly.

8.2.7.3 After award of the contract the Employer expects all the proposed personnel to be

available during implementation of the contract as per the agreed staffing schedule. The

Employer will not consider substitutions during contract implementation except under

compelling circumstances (such as death and/or extreme nature of ailment for which

Medical Certificate shall be produced from Hospital/Nursing Home). In case of such

replacements, the Consultant will ensure that there is a reasonable overlap between the

staff to be replaced and replacement wherever feasible/possible. Replacement of

Professional staff /personnel shall invite penalty. The new personnel/professional staff

shall be paid @ 95% of the agreed billing rates.

8.2.8 Deficiency of Services:Deficiencies in the services on part of supervision Consultants may

attract penal provisions in the form of fines, up to a maximum amount of 10% of contract price

and/or debarment etc. by the client. Sample deficiencies include but are not limited to the

following:

1. Not acting impartially or acting in collusion with contractor in award of variation,

fixation of new rates, etc.

2. Not keeping proper records regarding quality control, inspection, rejection/ rectification

of work, etc.

3. Failure to give proper and timely advice to client/contractor to enable correction during

execution.

4. Delay in design and withholding approvals, etc.

5. Recommending extension to the contractor with a view to extending duration of

supervision services.

6. Refusing to give reasons for decisions when called for by the client.

7. Not being fully conversant with manuals, specifications, standards, client's/ Ministry's

guidelines and requirement of the project to be followed during construction.

8. Certifying substandard work for payment.

9. Not exercising required scrutiny/non approval of temporary stretch/works.

10. Lack of proper coordination with contractors and Project Manager/ client's representative

other agencies like Municipal Corporation/Electricity Board etc. to ensure smooth

implementation of projects.

11. Permitting subletting of any part/ major works without authorisation.

12. Delay in mobilisation of required staff at any stage of the contract.

13. Indulging in corrupt, fraudulent, coercive or collusive practices.

14. Lack of providing expert personnel’s for work(s)

15. Delay in submission of requisite/ modified working drawings as per sets requirement

suggested by Executing Agency.

16. Joint measurement and approval of bills or withheld amount.

17. Delay in submission of details documents of variation or extra items.

18. Lack of providing services during DLP.

19. Delay in submitting the computerized drawing in digital AutoCAD format (.dwg file)

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8.2.9 Support from Employer :- The Employer shall provide assistance to the Consultant

wherever deemed necessary, in the form of issuing letters to concerns.

b. CONSULTANTS PROPOSAL SUBMISSION

8.3.1 The Consultants are advised to understand fully the specific requirements of the

Architectural Consultancy and Project Management Consultancy Services for the work. The Consultants are also advised to inspect the concerned project site and

acquaint themselves with the ground realities also verify the drawing and design

available.

8.3.2 The Consultant submission should be focused to the project requirements as per the

TOR details. The methodology to be submitted should address to the project site

requirements. All specific issues for which references have been made in the various

paragraphs of this TOR should be addressed effectively. General nature descriptions

should be avoided.

43

9. DRAFT FORM OF CONTRACT

CONTRACT FOR CONSULTANT’S SERVICES

Between

_________________________________________

(Name of Client)

And

___________________________

(Name of Consultant)

Dated:

# This is a draft Contract for Consultancy Services. In case of any ambiguity, the provisions of TOR /

RFP will prevail while framing the Contract Agreement.

44

FORM OF CONTRACT

COMPLEX TIME BASED ASSIGNMENTS

This CONTRACT (hereinafter called the “Contract”) is made the. . . . . . .day of the Month of . . . . .

. . . . . . . , 200 ____, between, on the one hand . . . . . . . . . . . . (hereinafter called the “Client) and,

on the other hand, . . . . . . . . . . . . . .(hereinafter called the “Consultants”).

[Note* : If the Consultants consist of more than one entity, the above should be partially

amended to read as follows:

“….. . . . . . .. . . .. . . (hereinafter called the “Client”) and, on the other hand, a joint venture

consisting of the following entities, each of which will be jointly severally liable to the

Client for all the Consultants’ obligations under this Contract, namely, . . . . . . . . . . . . . .

and . . . . . . . . . . . . . . .. . . . . . . . . .. (hereinafter called “Consultants”)]

WHEREAS

(a) the Client has requested the Consultants to provide Architectural Consultancy and Project

Management Services as defined in the General Conditions of Contract attached to this

Contract (hereinafter called the “Services”);

(b) the Consultants, having represented to the Client that they have the required professional

skills, personnel and technical resources, have agreed to provide the Services on the terms

and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this

Contract:

a. Letter of acceptance (LoA);

b. Addendum/Corrigendum;

c. RFP Document;

d. Technical Submissions.

e. Financial Submissions.

f. Copy of Performance Bank Guarantee.

2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in

the Contract; in particular

a. The Consultants shall carry out the Services in accordance with the provisions of the

Contract; and

45

b. The Client shall make payments to the Consultants in accordance with theProvisions of

the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

Authorized Signatory

For and on behalf of the

MP Housing & Infrastructure

Development Board.

(………………………….)

Dy. Housing Commissioner

Authorized Signatory

For and on behalf of

M/s ……………………………….

(……………………)

Authorized Signatory

Witness

Signature

Name

Signature

Name

46

10. GENERAL CONDITIONS OF THE CONTRACT

a. DEFINITIONS AND INTERPRETATIONS

In this document , as hereunder defined, the following terms and expressions shall have the

meaning hereby assigned to them except where the context otherwise requires:

1.1. "AGREEMENT" means the 'Agreement' concluded on 'non-judicial stamp paper' of

'Madhya Pradesh State', between 'MPH&IDB' and the 'Consultant' for services as per

this RFP Document.

1.2. "MPH&IDB" shall mean ‘M.P. Housing & Infrastructure Development Board,

Bhopal’

1.3. "MPH&IDB’S REPRESENTATIVE" means the person appointed or authorized

from time to time by MPRDC for execution of the Contract.

1.4. "CONSULTANT'S REPRESENTATIVE" means the person appointed from time to

time by CONSULTANT for execution of the Contract.

1.5. "ENGINEER-IN-CHARGE"/"EXECUTIVE-IN-CHARGE" shall mean the person

designated from time to time by MPH&IDB and shall include those who are expressly

authorized by him to act for and on his behalf for operation of the Contract.

1.6. "SIGN-OFF" means a recorded statement for completion of a milestone / major

activity by Consultant as envisaged in this document and accepted by MPH&IDB.

1.7. "CONTRACT" shall mean the "Agreement" and all attached exhibits and documents

referred to therein and all terms and conditions thereof, together with any subsequent

modifications thereto.

1.8. "SERVICES" mean the duties to be performed and the services to be rendered by the

Consultant according to the terms and conditions of the Contract.

1.9. "HEADINGS" the headings appearing herein are for convenience only and shall

not be taken in consideration in the interpretation or construction of the Contract.

1.10. "SINGULAR & PLURAL WORDS" importing the 'singular' only also include the

'plural' and vice-versa, wherever the context so requires.

10.2.PERFORMANCE OF DUTIES & SERVICES BY CONSULTANT

10.2.1 Consultant shall perform its services in full accordance with the terms and conditions of

the Contract and any applicable local laws and regulations, and shall exercise all

reasonable professional skills, care and diligence in discharge of said work. Consultant

shall in all professional matters act as a faithful advisor to MPH&IDB, and will

provide all the expert commercial / technical advice and skills which are normally

required for the class of services for which it is engaged. Consultant, its staffs,

employees shall carry out all its responsibilities in accordance with the best professional

standards. Consultant shall prepare and submit the documents / reports, etc. in due time

and in accordance with the Tender conditions.

10.2.2 Consultant will maintain for the performance of the Contract, personnel as determined

to be responsible for carrying out this job and such persons shall not be replaced or

substituted without written approval of MPHIDB.

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10.3. MPH&IDB'S REPRESENTATIVE

10.3.1 MPH&IDB shall nominate its representative(s) who shall be entitled to act on behalf of

MPH&IDB with respect to any decision it is empowered to make. The bill / invoice of

Consultant will be certified for payment by such representatives.

10.4 CONSULTANT'S REPRESENTATIVE

10.4.1Consultant shall nominate a qualified and experienced person as its representative who

will be the contact person between EMPLOYER and Consultant for the performance of

the Contract. This nomination shall be done within ‘ten [10] days' after the coming

into force of the Contract. Consultant shall notify EMPLOYER in writing prior to the

appointment of a new representative. Consultant's representative may be replaced only

with EMPLOYER’s consent after getting approved his CV's from EMPLOYER.

EMPLOYER shall be at liberty to object to any nomination and to require the

Consultant to remove any Consultant’s representative for good causes. Consultant shall

replace immediately such person by a competent substitute at no extra cost to

EMPLOYER.

10.4.2 Consultant's representative shall be entitled to act on behalf of the Consultant with

respect to any decisions to be made under the Contract.

10.5 PAYMENT TERMS

10.5.1 EMPLOYER shall pay for the services rendered as per stipulation in the Tender through

cheque/RTGS. All bank-charges of the Consultant's Bankers shall be to Consultant's

account.

10.5.2. Consultant will invoice EMPLOYER according to the terms and conditions provided in

the Tender.

10.5.3. Payment terms shall be as detailed in "Special Conditions of the Contract".

10.5.4 In case of disputes concerning Invoice(s), EMPLOYER shall return said invoice(s) to the

Consultant within 'fifteen [15] days' from its/their receipt specifying, in writing, the

reasons for its / their rejection.

(i) EMPLOYER shall pay the undisputed amount of the invoice(s) according to

Article-10.5.3 hereof.

(ii) The disputed amount, if any, shall be paid after mutual settlement between

EMPLOYER and Consultant.

(iii) Total or partial rejection of the invoice(s) shall not release the Consultant from

any of its obligations under the Contract.

10.6 PERFORMANCE GUARANTEE:

Consultant shall be required to submit acceptable Bank Guarantee for an amount equal to

5.00% of the consultancy cost towards Performance Security before signing the

agreement. The validity of the Bank Guarantee (s) shall cover entire duration of

consultancy period. The format of the Bank Guarantee (s) shall be got approved by the

consultant from Employer. The Bank Guarantee (s) shall be released after satisfactory

completion of the assignment and defect liability period.

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10.7 CONFIDENTIALITY:

10.7.1 Consultant/MPH&IDB shall treat all matters in connection with the Contract as

strictly confidential and undertakes not to disclose, in any way, information,

documents, technical data, experience and know-how given to him by MPH&IDB /

Consultant without the prior written consent of the later.

10.7.2 Consultant further undertakes to limit the access to confidential information to

those of its employees, implementation-partners who reasonably require the same for

the proper performance of the Contract provided however that Consultant shall

ensure that each of them has been informed of the confidential nature of the

confidentiality and non-disclosure provided for thereof.

10.8. TAXES& DUTIES

10.8.1.Consultant shall pay any and all taxes, duties, levies, etc. which are payable in relation to

the performance of the Contract. The quoted price shall be inclusive of all such taxes and

duties [except Service Tax]. Service Tax shall be reimbursed by MPH&IDB as per

actual.

10.8.2.Statutory variation in taxes [C.S.T., L.S.T., W.C.T., Withholding Tax, Service Tax,

etc.] and duties, if any, within the contractual 'Completion Period' shall be borne by

MPH&IDB. No variation in taxes, duties or levies, other than statutory taxes and duties,

shall be payable.

10.8.3.MPH&IDB shall deduct Income Tax at source at applicable rates.

10.8.4. SERVICE TAX

Quoted prices should be inclusive of all taxes and duties, except Service Tax. Please

note that the responsibility of payment of Service Tax lies with the Employer only. In

case Service Tax is applicable for the Tendered Work, Consultant shall claim the

Service Tax indicating rate of abatement/deduction allowed as per "Service Tax Act"

in the 1st Invoice itself. Consultant providing taxable service shall issue an Invoice, a

Bill or as the case may be, a Challan which is signed, serially numbered, and shall

contain the following:

(a) Name, Address & Registration No. of such Person/Consultant

(b) Name & Address of the Person/Consultant receiving Taxable Service

(c) Description, Classification & Value of Taxable Service provided

(d) Service Tax Amount

Payments to Service Provider for claiming Service Tax amount will be made provided

the above formalities are fulfilled. In case of statutory variation in Service Tax during

currency of the Contract, the Consultant shall submit a copy of the 'Government

Notification' to evidence the rate as applicable on the date of submission of Bid and on

the date of revision. Claim for payment of Service Tax / statutory variation in Service

Tax, should be raised within two [02] months from the date of issue of

'Government Notification' for payment of differential Service Tax, otherwise claim

49

in respect of above shall not be entertained for payment of arrears.

10.9. RESOLUTION OF DISPUTES/ARBITRATION

10.9.1. MPH&IDB and Consultant shall make every effort to resolve amicably by

direct informal negotiations any disagreement or dispute arising between them

under or in connection with the Contract.

10.9.2. All disputes, controversies, or claims between the parties [except in matters

where the decision of the "Executive / Engineer-in-Charge [EIC]" is deemed to

be final and binding] which cannot be mutually resolved within a reasonable time

shall be referred to Arbitration. Disputes shall be settled by arbitration in

accordance with the provisions of Madhya Pradesh

MadhyasthamAdhikaranAdhiniyam, 1996 and as amended up to date

10. 10. LEGAL CONSTRUCTION

10.10.1. Subject to the provisions of this Article, the Contract shall be, in all respects,

constructed and operated as an Indian Contract and in accordance with Indian

Laws as in force for the time being and is subject to and referred to the Court of

Law situated at Bhopal (M.P.), India.

10.11. SUSPENSION OF THE PERFORMANCE OF DUTIES AND SERVICES

10.11.1. MPH&IDB may suspend, in whole or in part, the performance of services of

Consultant any time upon giving not less than a fifteen [15] days' notice.

10.11.2. Upon notice of suspension, Consultant shall suspend immediately the services

and reduce expenditure to a minimum to be agreed upon by both the parties.

10.11.3. Upon suspension of the performance of services, Consultant shall be entitled to

reimbursement of the costs which shall have been actually incurred prior to the

date of such suspension.

10.11.4. By fifteen [15] days' prior notice, MPH&IDB may request Consultant to resume

the performance of the services, without any additional cost to MPH&IDB.

10.11.5. If the suspension of the duties and services exceeds 'six [06] months', either party

shall be entitled to terminate Contract according to Article-10.16, hereafter.

10.12. PRICE REDUCTION SCHEDULE [PRS]

10.12.1. In case, the Consultant fails to complete the services within the stipulated period,

then unless such failure is due to force Majeure, as defined in Article-19

hereinafter, or due to MPH&IDB's default, there will be a reduction in the

Contract Price @1/2% (zero point five percent) for each week of delay or part

thereof, subject to a maximum of 10% of the Contract Price.

10.12.2. MPH&IDB may, without prejudice to any methods of recovery, deduct the

amount of such 'PRS' from any money due or which may at any time become due

to Consultant from its obligations and liabilities under the Contract or by

recovery against the 'Performance Guarantee'. Both Consultant and MPH&IDB

50

agree that the above percentage of price reduction are genuine pre- estimates of

the loss / damage which MPH&IDB would have suffered on account of delay /

breach on the part of Consultant and the said amount will be payable on demand

without there being any proof of the actual loss or damage caused by such

breach / delay. A decision of MPH&IDB in the matter of applicability of price

reduction shall be final and binding.

10.13. ASSIGNMENT

Consultant shall not have the right to assign or transfer the benefit and obligations

of the Contract or any part thereof to a third party without the prior expressed

approval in writing of MPH&IDB, which it shall do at its discretion. However, in

event of that, all legal / contractual obligations shall be binding on Consultant

only.

10.14. INDUSTRIAL & INTELLECTUAL PROPERTY

10.14.1 .In order to perform the services, Consultant must obtain at its sole account,

the necessary assignments, permits and authorizations from the titleholder of

the corresponding patents, models, trademarks, names or other protected rights

and shall keep MPH&IDB harmless and indemnified from and against claims,

proceedings, damages, costs and expenses [including but not limited to legal

costs] for and/or on account of infringements of said patents, models,

trademarks, names or other protected rights.

10.14.2. All documents, report, information, data, etc. collected and prepared by

Consultant in connection with the scope of work submitted to MPH&IDB, will

be the property of MPH&IDB

10.14.3. Consultant shall not be entitled either directly or indirectly to make use of the

documents, reports given by MPH&IDB for carrying out of any services with any

third party.

10.14.4. Consultant shall not, without the prior written consent of MPH&IDB, be entitled

to publish studies or descriptive article with or without illustrations or data in

respect of or in connection with the performance of services.

10.15. LIABILITIES

10.15.1. Without prejudice to any express provision in the Contract, Consultant shall be

solely responsible for any delay, lack of performance deficiency in services,

breach of agreement and/or any default under this Contract.

10.15.2. Consultant shall remain liable for any damages due to its gross negligence within

the next 'Sixty [60] months' after the issuance of the provisional acceptance

certificate of the Contract.

10.15.3. The amount of liability will be limited to 5.0% of the Contract value.

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10.16. TERMINATION OF CONTRACT

10.16.1. Termination for Default:

MPH&IDB reserves its right to terminate / short close the Contract, without prejudice

to any other remedy for breach of Contract, by giving one [01] month notice if

Consultant fails to perform any obligation(s) under the Contract, and if Consultant,

does not cure his failure within a period of thirty [30] days' [or such longer period

as MPH&IDB may authorise in writing] after receipt of the default notice from

MPH&IDB.

10.16.2. Termination for Insolvency:

MPH&IDB may at any time terminate the Contract by giving written notice

without compensation to Consultant, if Consultant becomes bankrupt or otherwise

insolvent, provided that such termination will not prejudice or affect any right of

action or remedy which has accrued or will accrue thereafter to MPH&IDB.

10.16.3. Termination for Convenience:

MPH&IDB may by written notice sent to Consultant, terminate the Contract, in

whole or part, at any time for its convenience. However, the payment shall be

released to the extent to which performance of work executed as determined by

MPH&IDB till the date upon which such termination becomes effective.

10.17. MODIFICATION

10.17.1 Any modification of or addition to the Contract shall not be binding unless made in

writing and agreed by both the parties

10.18. CONTRACT AGREEMENT

10.18.1 The notification of award alongwith 'Agreement' on non-judicial stamp paper [of

Madhya Pradesh State, only] of appropriate value as per proforma, within 'fifteen [15]

days' from the date of receipt of "LOA", the cost of stamp-paper is to be borne by

Consultant, and its enclosures shall constitute the Contract between the parties and

supersedes all other prior agreements, arrangements and communications, whether

oral or written, between the parties relating to the subject matter hereof.

10.19. FORCEMAJEURE:

Shall mean and be limited to the following:

(a) War / hostilities

(b) Riots or Civil commotion

(c) Earthquake, flood, tempest, lightening or other natural physical disasters

(d) Restrictions imposed by the Government or other statutory bodies, which prevents or

52

delays the execution of the Contract by Consultant

10.19.1 Consultant shall advise MPH&IDB by a registered letter, duly certified by the local

Chamber of Commerce or statutory authorities, the beginning and end of the above

causes of delay within 'seven [07] days' of the occurrence and cessation of such Force

Majeure conditions. In the event of delay lasting over 'one [01] month', if arising

out of causes of Force Majeure, MPH&IDB reserves the right to cancel the Contract

and the provisions governing termination stated under Article-10.16 shall apply.

10.19.2 For delays arising out of Force Majeure, Consultant shall not claim extension in

completion date for a period exceeding the period of delay attributable to the causes

of Force Majeure and neither MPH&IDB nor Consultant shall be liable to pay extra

costs provided it is mutually established that Force Majeure conditions did actually

exist.

10.19.3Consultant shall categorically specify the extent of Force Majeure conditions

prevalent in their works at the time of submitting their Bid and whether the same

have been taken into consideration or not in their quotations. In the event of any force

majeure cause, Consultant or the MPH&IDB shall not be liable for delays in

performing their obligations under this order and the completion dates will be

extended to Consultant without being subject to price reduction for delayed

completion, as stated elsewhere.

10.20 RECTIFICATION PERIOD

10.20.1 All services shall be rendered strictly in accordance with the terms and conditions

stated in the Contract. No deviation from such conditions shall be made without

MPH&IDB's agreement in writing which must be obtained before any work against

the order is commenced. All services rendered by Consultant pursuant to the

Contract [irrespective of whether engineering, design data or other information has

been furnished, reviewed or approved by MPH&IDB] are guaranteed to be of the

best quality of their respective kinds. Consultant shall rectify at his own cost any

mistake in assumption of any data in the study or use of wrong data or faulty study

observed within 'sixty [60] months' of the acceptance of his report and will submit the

rectified report incorporating the changes wherever applicable within 'thirty [30] days'

of observance of mistake.

10.21 SUB-CONTRACT

10.21.1 Any sub-Contract to be made by the Consultant relating to the services shall be

made only to such extent and with such duly qualified specialists and entities as shall

be approved in writing in advance by MPH&IDB. Upon the request of MPH&IDB,

the consultant shall submit for prior approval, the terms of reference or any

amendment thereof for such sub-Consultant's services. Notwithstanding such

approval, the Consultant shall remain fully responsible or the performance of services

under the Contract.

10.22 NOTICES

10.22.1 Any notice given by one party to the other pursuant to the Contract shall be sent in

writing or by telegram or fax, email, telex/ cable confirmed in writing.

10.22.2 A notice shall be effective when delivered or on the notice's effective date, whichever

53

is later.

10.23 ACQUISITION OF DATA

10.23.1 If required, Consultant shall be responsible for carrying out any surveys and

acquisition of all data from necessary sources. MPH&IDB, if requested in writing

by Consultant, may assist the consultant in the said acquisition by way of

issue of recommendatory letters only. All requisite clearances, coordination, fees,

charges, etc.& compliance to the local laws required for completion of the job shall be

the responsibility of the Consultant.

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11. SPECIAL CONDITIONS OF THE CONTRACT

11.1 GENERAL INFORMATION : The "Scope of Work and Special Conditions of

Contract [SCC]" shall be read in conjunction with the "General Conditions of Contract

[GCC]", "Financial Proposals" and any other document forming part of the Contract,

wherever the context so requires. Notwithstanding the sub-divisions of the documents

into separate sections, each part shall be deemed to be supplementary of every other

part, and shall be read with and into the Contract so far as it may be practicable to do

so. Where any portion of the GCC is repugnant to or at variance with any provisions

of the SCC, unless a different intention appears the provisions of the SCC shall be

deemed to override the provisions of GCC, and shall to the extent of such repugnancy

or variations, prevail. In case of any contradiction, the decision of the

"Employer/Engineer-in-Charge [EIC]" will be final and binding on the Contractor.

11.2 ORDER OF PRECEDENCE :In the case of ambiguity in Financial Proposal,

Special terms, General Conditions of Contract, Scope of work etc., the following order

of precedence will prevail:

a) Fax of Intent / detailed Letter of Award along with statement of agreed

variations and its enclosures and any corrigendum / addendum.

b) Special terms in conjunction with Scope of Work.

c) General Conditions of Contract.

11.3 LOCATION :The bidders are requested to visit the site and accustom themselves

with the actual site conditions.

11.4 COST OF CONSTRUCTION OF THE WORKS :This shall mean the amount(s) of

tender(s) that may be accepted by the employer for award of work.

11.4.1 Cost of construction of works shall not include the following :-

a) Any escalation on any account whatsoever in the amount(s) of the said tender(s)

for the construction of the works that may be paid by EMPLOYER/MPH&IDB.

b) The amount of any deductions from the Contractor(s) bill(s) on account of

defective work or for other reasons.

c) Any payment to local authorities and any other expenditure for or in connection

with obtaining approval of plans, sanction of electrical loads etc.

d) Cost of advertisement for invitation of tenders.

e) Cost of any extra items necessitated due to any faulty planning and / or designs

of the Architects.

f) The fees quoted for the Architectural, Design & project Management

Consultancy will be applicable up to a variation of + 10% of the awarded cost

of construction. Consultant shall neither be paid any extra fees nor will the fees

be deducted up to a variation of + 10% of the awarded cost as compare to

executed cost. However, if the executed cost of each tender package has more

than + 10% variation in comparison to the awarded cost, the additional fees

will be paid / deducted at the quoted rate of fee on pro-rata basis on the amount

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beyond + 10% of the awarded cost subject to a ceiling limit of + 25% of the

awarded cost.

In case, if the work is not executed / abandoned / stopped during any

stage of work then the Architectural / Construction Supervision fees shall

be paid up to the stage of work done as per Clause 11.9.1, “Terms of Payment”

of special conditions of contract of the tender on the basis of the awarded cost

(if the work has not been awarded then on the basis of the approved estimated

cost).

g) The quoted fees shall be inclusive of charges for visit to site, local

transportation and other expenses & all types of taxes, etc. excluding Service

Tax.

11.5 TIME SCHEDULE :

1.01 (a) Preparation of Conceptual Plan (various

options), Sketch Design / Sketch Drawing.

Within 30 days of

notification of award.

1.01(b) Preparation of Various layout plans after

necessary instructions / approval of

MPH&IDB and preparation of

preliminary cost estimate and submission

to MPH&IDB.

Within 45 days of

notification of award.

1.02 Obtaining the approval of Statutory

Authorities (if required) including

coordinating/ liaisoning for getting

necessary approval.

Within 90 days of

notification of award.

1.03 Preparation of final detailed drawing and

detailed estimate including quantity take

off sheets and market rate analysis after

approval of MPH&IDB against Sr. No.

1.01 (b).

Within 120 days of

notification of award.

1.04(a) Preparation of Tender Documents for

inviting tenders from pre-qualified / open

tender.

Within 150 days of

notification of award.

1.04 (b) Scrutiny of tenders received and

submitting recommendations for award of

work after analysis of bids

Within 07 days after price

bid opening, if required by

Employer.

1.05 Issue of detailed working / Good For

Construction Drawings for necessary

execution of work at site including

schedule for carrying out the work.

To be issued along with

award of work and to be

revised as per the progress of

work and as per the

requirement at site.

1.06 Construction Management and

supervision by deploying necessary

technical manpower to ensure planned

progress.

Within 07 days of the award

of the work and till

completion of the work and

closure of contracts.

1.07(a) Completion of project, issue of

Completion certificate, submission of

“As Built drawings”., finalization of

Contractor’s Bill and closing contract

Within 60 days after

completion of the project.

1.07 (b) Obtaining completion certificate and

occupation certificate from local authority

Within 60 days after

completion of the work.

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(if required)

11.6 FINANCIAL PROPOSAL:

11.6.1 The "Financial Proposal" shall be read in conjunction with "Scope of Work and SCC",

GCC and any other document forming a part of this Contract.

11.6.2 EMPLOYER agrees that fees quoted by Consultant and accepted by EMPLOYER shall

be paid to them. In case, any activity, though specifically not covered in the Financial

Proposal, but the same is covered under "Scope of Work and SCC", etc., no extra

claim on this account shall be entertained [as Financial Proposal is to be read in

conjunction with other documents forming part of the Contract].

11.7 VALIDITY OF QUOTED RATES:

The 'quoted / accepted rates' shall remain valid for the entire duration of the Contract,

and no escalation, for whatsoever reason, shall be permissible after award of Contract.

11.8 TAXES AND DUTIES:

11.8.1 The rates quoted in the Financial Proposal shall include all taxes [except Service Tax],

duties, W.C.T., cess, other levies, etc., Employer's share of Provident Fund, insurance

charges, all other levies, etc., as applicable. Employer/ MPH&IDB shall not entertain

any such claim, whatsoever, on this account [except Service Tax]at a later date.

11.8.2 The rates quoted in the Financial Proposal shall be inclusive of all equipments [if any],

supervision, transportation, overheads, profits, etc.

11.9 TERMS OF PAYMENTS:

11.9.1 The Architect’s quoted professional fee for “Architectural Design & Project

Management Consultancy Services” will be paid based on the awarded cost of the work

as accepted by MPH&IDB for award of work..

The following are the mode of payment for various stages (As defined in clause no. 5

of SCC) of work for different sections of work. The stage-wise percentage (%)

payment will be applicable as and when the stage-wise service is completed in all

respect.

No. Stage Percentage

payment of I On completion of Item No: 11.5.1.01 (a) & (b) 10.00%

II On completion of Item No: 11.5.1.02 20.00%

III On completion of Item No: 11.5.1.03 25.00%

IV On completion of Item No. 11.5.1.04 (a) 30.00 %

V On completion of Item No. 11.5.1.04 (b) 35.00 %

VI On completion of Item No. 11.5.1.05 40.00 %

VII On completion of Item No. 11.5.1.06 (as per the

proportionally to the execution of work

85.00 %

VIII On completion of Item No: 11.5.1.07 (a) & (b) 100.00%

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Note:-

1. Percentage of fees initially release on the basis of Probable amount of

Construction Work. The fees so paid on the basis of Probable amount of

Construction work will subsequently be regulated inline with awarded value of

work.

2. If approval is not required from the Statutory Authorities then payments (Fee) for

stage 11.5.1.02 &11.5.1.07 (b) shall be paid on completion of stage 11.5.1.07 (a).

3. Payment against at Sr. No. VI shall be released in monthly installments as per the

progress of work in proportion to IPC of the contractors.

4. If the proposal is only for renovation the payment at Sr. No. I. above shall be

released along with the payment at Sr. No. II only.

11.9.2 Payments shall be released through Cheque/RTGS within fifteen (15) days

of submission of documentary proof/ certification against completion of work,

duly certified by representatives of MPH&IDB.

11.9.3 The bidder should give the details of his bank account to facilitate payment, if payment

is done through e-banking.

11.9.4 Necessary recoveries and all statutory deductions shall be made as per the relevant

rates [as per rules & regulations of Government] from the payments to the Contractor.

11.9.5 PAYMENT TO STATUTORY AUTHORITIES: Any payment / fee required to be

deposit / paid to the Statutory Authority in connection with any statutory permission /

approval, the same shall be borne by MPH&IDB. In case the fee / deposit was made

by the architects, the same shall be reimbursed to Architects on production of

documentary evidence having paid / deposit the fee to statutory authorities in

connection with work.

11.9.6 Remuneration of Professional Staff will be paid on man month basis.

11.9.7 During Defect Liability Period Principal Architect cum Team Leader and Assistant

Engineer (Civil) have to visit the site, monthly and submit their report.

11.10 TAX LIABILITIES:

11.10.1 The prices quoted in the Financial Proposal should be inclusive of all expenses of

transportation, overheads, profits, etc. The same should also be inclusive of all taxes

[except Service Tax], duties, levies, statutory payments, license fees, etc., imposed

by the Government of MP Works Contracts, etc. While quoting the prices, the Bidder

shall take into account all these aspects and no separate payment on any account shall

be payable to the Consultant at a later date.

11.10.2 Consultant shall be liable for timely payment of all taxes, duties & levies

imposed by any Government / Government Department / Agency / Body including

local autonomous bodies from time to time without any extra claim from EMPLOYER.

However, Service Tax payable by the Consultant, if any, shall be reimbursed on

production of receipt thereof. EMPLOYER (MPH&IDB) shall have no liability on

these accounts if Consultant informs EMPLOYER (MPH&IDB) for such liability after

closing of the agreement.

11.10.3 Income Tax deductions shall be made from all payments to the Consultant as per rules

58

and regulations in force in accordance with the Income Tax Act prevailing from time to

time. However, Consultant shall be entitled to get the TDS Certificate for the amount

so deducted in the format prescribed by the 'Income Tax Department'.

11.11 DEVIATION:

Tender must be submitted without making any additions /alterations. The bidders shall

submit quotation based strictly on terms and conditions and specifications contained in

the Tender Document and not to stipulate any deviations. Deviations in any manner

against any clauses of this tender document are not allowed and any such deviation

if indicated any where will render the offer non- responsive and shall liable to be

rejected .

NOTE: The right to accept the offer will rest with the EMPLOYER. MPH&IDB,

however, does not bind himself to accept the lowest offer and reserves to itself the

Authority to reject any / all the offers received without assigning any reason

whatsoever.

11.12 LIABILITIES:

The Consultant shall be responsible for any discrepancies, errors or omissions in the

drawings, prepared and supplied by them whether the same shall have been

approved by Employer or not which shall not be treated as extra work as Upon

employer’s request, Consultant shall promptly rectify the deficiency by

amending/ replacing/supplementing the deficient drawings/documents as appropriate

at their own expense or else it may be treated as sufficiency in services as per clause

8.2 of scope of work..

11.13 AGREEMENT:The Architect / Consultant shall enter into an Agreement with

EMPLOYER. The proforma for Agreement is enclosed. This will be on a non-judicial

stamp paper of appropriate value the cost of which will be borne by Architect /

Consultant.

11.14 FAULTY DESIGN

In case there is any loss or collapse of structure due to the faulty design, drawings,

calculations and specifications, the Architect shall make good these losses from the

total fees payable. The decision of MPHIDB in this regard shall be final and binding on

consultant.

11.15 ENGINEER-IN-CHARGE [EIC]

11.15.1“EMPLOYER HC / Chief Engineer of MPH&IDB" shall nominate the "Engineer-in-

Charge [EIC]" for the work under the Contract.

11.15.2 The EIC shall look after general supervision and directions of the work. He will be

authorized to stop the work with due permission of EMPLOYER, whenever such

stoppage may be necessary to ensure proper execution of the Contract. He shall also

have authority to reject all works, which do not conform to the specifications.

11.15.3 The Engineer-in-Charge EIC, with due permission of EMPLOYER reserves the right to

59

suspend the work or part thereof at any time and no claim whatsoever on this account

shall be entertained. In case of any dispute, the Contractor may appeal to EMPLOYER,

whose decision shall be final and binding on the Consultant/Contractor.

11.15.4 The decision of EMPLOYER for determining the category of work with reference to

material of an item not mentioned in the Financial Proposal shall be final and binding

on the Consultant.

11.16 SUPERVISION OF WORK

The Architect shall be fully responsible for the soundness of the design of the works

including that of specialized Consultants engaged by him and also for the progress and

quality of works carried out by various contractors at site. They shall ensure by

continuous supervision and inspection of works, as may be necessary, that the works

are carried out strictly in accordance with the approved drawings and specifications

issued by them and as per owner’s instructions issued in writing from time-to-time.

11.17 WORKING HOURS

Work may be carried out on all days of the week, including Sundays & Holidays

(excluding restricted Holidays), and extra hours including nights. If contractor carried

out work in shifts to achieve the project completion schedule, Consultant has to arrange

staff, deployed for the work, accordingly. Consultant should ensure that all the safety

precautions have been followed by the contractor during the execution of the work.

11.18 LODGING, BOARDING & TRANSPORTATION: Lodging, Boarding &

Transportation shall be arranged by the Consultant at his own cost.

11.19 IDENTITY CARDS

The Consultant shall issue 'Identity-Cards' of their personnel to be deployed

inside premises, which shall be required to display prominently during the period of

their stay within the premises and the 'Identity- Cards' shall have the information as

demanded by EMPLOYER MPRDC authorities.

11.20 COMPLETION CERTIFICATE & FINAL BILL

11.20.1 The "Engineer-in-Charge EIC" shall normally issue to the Contractor, the "Work

Completion Certificate" within one (01) month after receiving an application through

Consultant thereof from the Contractor after verifying from the completion documents

and satisfying himself that the work has been completed in all respect in accordance

with the instructions, specifications of the Contract documents. However, it is the

responsibility of the Consultant to recommend for issuing the certificate after ensuring

the completion work in all respect.

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11.21 ADHERENCE TO SAFETY REGULATIONS

11.21.1All the Contractor's personnel as well as the personnel of Consultant, who would be

deployed inside the workplace, should strictly follow all safety rules and regulations.

They should be well-conversant with the safety precautions to be followed in the

workplace. The Consultant shall abide by the advice and guidance of the Safety-

Officer in the workplace. In addition, the Contractor/ Consultant shall follow all

Safety-Codes framed from time to time. Smoking inside the workplace premises is

strictly prohibited. No Contractor's/ Consultant’s personnel are allowed to possess

match boxes, lighters, cigarettes, biddies, transistors, or any other material which may

cause fire hazards.

11.21.2Contractor/ Consultant shall also ensure that all existing and amended Fire & Safety

rules / policies of MPH&IDB are strictly observed in the services rendered by him.

Contractor/ Consultant have to strictly adhere to guidance, instructions issued from

time to time in this regard. Any violation on this account shall be the Contractor's/

Consultant’s responsibility.

11.21.3EMPLOYER will not be responsible for any accident / mishap with the Contractor's/ /

Consultant’s employees. The Contractor/ Consultant shall take necessary action for his

employees in case of any incidents.

11.21.4EMPLOYER shall not provide any medical assistance and shall have no other liability

whatsoever except as expressly provided under the Contract.

11.22 TERMINATION OF AGREEMENT

The Agreement with Architect / Consultant may be terminated at any time on one

month’s notice by EMPLOYER without assigning any reason, therefore, such

termination notwithstanding, the Consultant shall be entitled to remuneration in

accordance with Clause No.11.5 for works actually done by them.

11.23 OTHER SERVICES & CONDITIONS

11.23.1If due to any reason on the part of the Employer, the work is abandoned/extended the

Architect/Consultant shall be paid for such a period for which services are rendered/are

to be rendered by them as per the Clause-9.1 work done as per Terms of Special

Conditions of Contract. Payment stages specified in Clause 11.9.1. For any incomplete

stage, suitable payment based on pro-rata efforts put in by the consultant shall be

payable. The decision of the Employer Engineer-in-Charge in this matter shall be final

and binding.

11.23.2The Architect/ Consultant shall be fully responsible to the Employer with regard

to the designs, specifications and soundness of the works executed by the Contractor

as per plans.

11.23.3If at any time during the currency of this Contract, the performance in whole or part by

the Architect, or any obligation under this Contract is prevented or delayed by

reasons of any destructive acts of country’s enemy, Civil commotion, sabotage,

fires, floods, explosion, epidemic or acts of God and provided notices of the

happening or any such event are given to the Employer by the Architects within 21

days from the date of occurrence thereof, the Architects shall not be held responsible

61

for delay occurring due to the above mentioned events and shall be paid as per 11.22

above.

11.23.4If the Employer deviates substantially from the approved scheme which involves for its

proper execution then extra services, expenses and extra labour/efforts on the part of

the Architects for making changes and additions to the drawings, specifications of

other documents, the Architects shall be reasonably compensated on the basis of man-

hour or man-days spent by the Architects except for situations arising out of clause no.

1.12 of SCC . The decision of the Engineer-In-Charge in finalizing such payments

shall be final and binding.

11.24 ALL OTHER TERMS &CONDITIONS OF THE CONTRACT SHALL BE AS

PER "GENERAL CONDITIONS OF CONTRACT (GCC)

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12. APPENDICES

12.1 APPENDICES -1

FORM OF PERFORMANCE SECURITY

(PERFORMAMANCE BANK GUARANTEE)

Bank Guarantee no. ………………. Date …………………

Name of Beneficiary: MP Housing &Infrastructure Development Board

WHEREAS ___________________ [Name and address of Consultants]1 (hereinafter called “the

consultants”) has undertaken, in pursuance of Contract No._________________dated _________ to

provide the services on terms and conditions set forth in this Contract ___________________ [Name of

contract and brief description of works) (hereinafter called the “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for

compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee; NOW

THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the

Consultants up to a total of ___________ [amount of Guarantee] ____________________[in words],

such sum being payable in the types and proportions of currencies in which the Contract Price is

payable, and we undertake to pay you, upon your first written demand and without cavil or argument,

any sum or sums within the limits of __________________[amount of Guarantee] as aforesaid without

your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We

hereby waive the necessity of your demanding the said debt from the Consultants before

presenting us with the demand. We further agree that no change or addition to or other

modification of the terms of the Contract or of the services to be performed there under or of any

of the Contract documents which may be made between you and the Consultants shall in any way

release us from any liability under this guarantee, and we hereby waive notice of any such change,

addition or modification. The liability of the Bank under this Guarantee shall not be affected by

any change in the constitution of the consultants or of the Bank. Notwithstanding anything

contained herein before, our liability under this guarantee is restricted to Rs.__________

(Rs.__________________) and the guarantee shall remain valid till ________. Unless a claim or a

demand in writing is made upon us on or before ____________ all our liability under this

guarantee shall cease. This guarantee shall be valid until 5 year after the date of issue of the

complition Certificate.

Signature and Seal of the Guarantor ____________

In presence of

Name and Designation 1._____________________ 2. __________________

Signature

63

Name, address, seal, Phone & Fax no. of the Bank _________________________

Date ______________________________________ 1Give names of all partners if the Consultants is a Joint Venture.