REQUEST FOR PROPOSALS FOR PROJECT … · pmc for epc of mahatma mandir convention center phase 1 b indextb. 3 invitation for expression of interest pmc for epc project on construction

PMC FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B

INDUSTRIAL EXTENSION BUREAU (A Government of Gujarat Undertaking)

BID DOWNLOADING

28/02/2012 TO 20/03/2012

UP TO 4:00 PM

PRE BID MEETING 07/03/2012 AT

11.00 AM

LAST DATE OF ONLINE BID SUBMISSION

20/03/2012 up to 5 PM

LAST DATE OF PHYSICAL DOCUMENT SUBMISSION

20/03/2012

UP TO 5:30 PM

DATE OF TECHNICAL

BID OPENING

20/03/2012 AT 5:35PM Onwards

PRESENTATION

PLACE AND TIME SHALL BE INTIMATED SEPARATELY

RFP/iNDEXTb/Mahatma Mandir/2012/01

REQUEST FOR PROPOSALS FOR PROJECT MANAGEMENT CONSULTANCY

FOR EPC OF MAHATMA MANDIR CONVENTION CENTER PHASE 1 B AT,

GANDHINAGAR - PHASE 1 B WORKS

INDUSTRIAL EXTENSION BUREAU (A Govt. of Gujarat Organization) Block No. 18, 2nd Floor, Udyog Bhavan,

Sector - 11, Gandhinagar - 382 010

Phone: 91-79- 23250492/93, Fax: 079-232 50490,

Email: [email protected], Website: - www.indextb.com


iNDEXTb. 2

TABLE OF CONTENTS

Sr.

No. Description Page No.

1. Expression of Interest and Introduction to project 3-7

2. Section 1-Letter of Invitation 8

3. Section 2-Instruction to PMC including Data Sheet and Evaluation

Criteria of Technical Proposal

9-23

4. Section 3 Technical Proposal Standard Forms 24-34

5. Section 4 Financial Proposal Standard Forms 35-39

6. Section 5 Terms of Reference 40-48

7. Section 6 Draft Form of Contract Agreement and General Condition of

Contract

49-66

8. Annexure I & IV 67-68


iNDEXTb. 3

INVITATION FOR EXPRESSION OF INTEREST

PMC FOR EPC PROJECT ON CONSTRUCTION OF MAHATMA MANDIR CONVENTION

CENTER, GANDHINAGAR, GUJARAT.

INDUSTRIAL EXTENSION BUREAU (A Government of Gujarat Undertaking)

Subject: Online bids are invited for Project Management Consultant for EPC PROJECT ON

CONSTRUCTION OF MAHATMA MANDIR CONVENTION CENTER AT, GANDHINAGAR

- PHASE 1 B WORKS.

Dear Sir(s),

Online Bids are invited from PMCs or firms having experience of minimum Seven years in

handling Projects and having permanent qualified Engineers in related fields for Development and

Construction of Mahatma Mandir Convention Centre at Gandhinagar - PHASE 1 B WORKS.

The bidder will be required to provide sufficient technically qualified and experienced staff at site

for providing the required level of service. Based on the information supplied in the RFP, firms

would be short-listed and only the short listed (Technically Qualified) firms would be invited to be

present at the time of opening of financial proposal. The final selection of the firm would be based

on the Quality and Cost Based Selection (QCBS) procedure described in the RFP. The weightage

given to Technical Proposal and Financial Proposal would be 70 % and 30 % respectively

Joint Venture/Association is not allowed.

Tender document can be downloaded up to 28/2/2012 to 20/3/2012 up to 4:00 pm from

www.nprocure.com . Demand Draft for EMD of Rs. 16,00,000/- (Sixteen Lacs only ) and Tender

fee of Rs. 10,000 (Ten Thousand only) (Non Refundable) shall be submitted in electronic format

only through online (by scanning) while up loading the bid. This submission shall mean that EMD

and tender fees are received, accordingly offer to those shall be opened whose EMD and tender

fees is received electronically. However for the purpose of realization of DD, PMC shall send the

DD in original through RPAD or hand delivery so as to reach to The Managing Director,

iNDEXTb on or before 20/03/2012 up to 5:00 pm of Technical submission online. Penetrative

action as per government circular 10/2008/5/S/Part file dated 27/11/08 for not submitting EMD and

by bidder shall be invited. PMC has to submit the Entire Technical bid (Scanned and Submitted

online only) in hard copy which includes the Prequalification documents mandatory to qualify in

separate envelop on or before the online submission date and time. Spiral bound form, loose form,

etc. will be not accepted. In the event, any of the instructions mentioned herein have not been

adhered to, Employer will reject the proposal.

For online submission of the bids, prospector bidders may need to have valid digital

signatures/keys. For more details on the same, please visit

https://www.ncodesolutions.com/contact.asp or contact on phone number 079- 4000 7323.

The Employer will not be responsible for any delay, loss or non-receipt of RFP document sent by

post/courier. Further, the Employer shall not be responsible for any delay in receiving the Proposal

and reserves the right to accept/reject any or all applications without assigning any reason

thereof. The firm(s) must include in their RFP the following information:


iNDEXTb. 4

• The overall and similar type of experience of the firm. Bidder should provide evidence having

one work completed of supervision, monitoring & certification as PMC as a prime consultant

should have covered and completed minimum value of a single work not less than 50 Crore

INR. Satisfactory Completion Certificate by Owner or Employer or Employer shall have to be

furnished as a documentary proof.

• Experience of the firm(s) in the required area of consultancy (minimum Seven years

experience essential). • Summary of permanent professional employees and/or resource persons indicating the nature

of specialization, qualifications and experience considering requirements specified in earlier

paragraph. The CVs of key personnel proposed to be deployed on this assignment along with

documentary proof of qualification and experience; their written consent and availability shall

also be furnished.

The key personnel for this consultancy are the Team Leader preferably MBA with Civil

Engineering having minimum 20 years experience in relevant field, the Civil Engineers, the

Quality Engineer-Civil and relevant field, Structural Engineer, Mechanical Engineer,

Electrical Engineer, HVAC Engineers, Acoustic/Sound Engineer, Safety Officer,

Environmental Engineer and B.Sc Agriculture/Horticulture Engineer.

Bidders should ensure submission of complete information/ documentation in the first

instance itself. Short listing may be completed based on the details so furnished without

seeking any subsequent additional information. The Managing Director INDUSTRIAL EXTENSION BUREAU

Block No. 18, 2nd

floor, Udyog Bhavan,

Sector - 11, Gandhinagar - 382 017

Phone: 91-79-2325 6009, 2325 0492/93

Email: [email protected],

Website: - www.indextb.com Yours Sincerely,

(Authorized Signatory)


iNDEXTb. 5

Introduction of project. 1. Source of funds

Project will be funded by Government of Gujarat and its Nodal Organization.

2. Brief Description of Project

iNDEXTb has already Selected Agency for EPC work on turnkey basis for Mahatma Mandir

Convention Center Phase 1 B works at, Gandhinagar.

Selection Procedure for bidders would be based on Quality Cost Based System. Detailed Technical

Presentation will have to be made by prequalified bidders.

The Presently Stipulated time limit for completion of concerned Mahatma Mandir Convention

Center (Phase 1 B) works is December, 2012.

Proposed Project Requirements for Phase -1 B Works under EPC Scope

AREA STATEMENT

Sr.No Project Components Nos. Area (Sq.Mt.)

1 Food Court 1 Ground Floor 3066

First Floor 2996

Mezzanine Level 115

6177

2 Infotainment Center 1 Ground Floor 929

First Floor 208

1137

3 Photo Gallery 1 Ground Floor 3521

First Floor 3109

Mezzanine Level 115

6745

4 Office Area 1 Ground Floor 762

First Floor 691

1453

5 Public Area

Food Court Mezzanine Level 115

Photo Gallery Mezzanine Level 115

230

6 Central Plaza 1 Ground Floor 11460

First Floor 371

11831 Total Built Up Area 27573 Roof Area 20008


iNDEXTb. 6

JUST FOR REFERENCE

The above Scope of Works generally includes:

The EPC Contractor’s scope of services shall also include the following:

• Civil Works

• Mechanical and HVAC Works

• Electrical Works

• Interior, Ambience and Furniture Works

• Water Supply and Drainage System

• Infrastructural Developments.

• Landscape and Beautification Works

• Audio Visual and Acoustic Works

• Safety Operations like Fire Fighting Systems Development and related all statutory

compliance

• Environmental Aspects and social safeguards

• Green Building requirements and its compliance

3. The objective and description of the Assignment-

The main objective of this assignment is implementation, project monitoring and supervision of

Execution of work for Mahatma Mandir Convention Center – Phase 1 B Works at Gandhinagar.

The detailed description of services is mentioned in Terms of Reference. The main objective of the


iNDEXTb. 7

assignment is to achieve high quality construction works to be carried out in full compliance of

approved design, specifications and other stipulations of the EPC contract documents within the

specified time demonstrating the efficiency of supervision by External agency as detailed out in

TOR.

4. Project Implementing Agency

The Industrial Extension Bureau which has been set up as a Government Organization shall be the

Nodal agency on behalf of Government of Gujarat for the project. It has appointed Professional

Advisor /Engineer In Charge and will now appoint Project Management Consultant with related

stipulated scope for day to day supervision, coordination, quality assurance, project monitoring and

Third Party Inspection, and bill payments.


iNDEXTb. 8

1. SECTION I

Letter of Invitation For Technical Proposals and Financial Proposals

Ref. No.: Dated: / /

…………………………………….. [Contact Person & Designation]

…………………………………….. [Name of Firm & Address]

Dear Mr. /Ms. ______________________

Project I.D.NO. --------/INDIA/ PMC FOR EPC PROJECT ON CONSTRUCTION OF MAHATMA MANDIR CONVENTION CENTER – PHASE 1 B WORKS.

1. Industrial Extension Bureau. (iNDEXTb) - herein after referred to as the “Employer” invites

Proposals for the PMC Services.

2. The background information and Terms of Reference for the Consulting services are provided

in Section 5 of the Request for Proposal (RFP).

3. This RFP has been addressed to the PMCs by Employer. It is not permissible for you to transfer

this invitation to any other consulting firm.

4. The RFP includes the following documents:

Section 1 Letter of Invitation

Section 2 Instructions to bidders including Data Sheet and Evaluation

Criteria of Technical Proposal

Section 3 Technical Proposal Standard Forms

Section 4 Financial Proposal Standard Forms

Section 5 Terms of Reference [TOR]

Section 6 Draft Form of Contract Agreement and General Conditions of Contract. 5. You are requested to acknowledge receipt of this letter of invitation within seven days of receipt

to the undersigned by facsimile with clear indication whether you intend to submit a proposal.


iNDEXTb. 9

SECTION- 2

INSTRUCTIONS TO PMC

CONTENTS

A -Instructions to PMC

B -Data Sheet

C -Evaluation for Technical Proposal


iNDEXTb. 10

2. SECTION

A. INSTRUCTIONS TO PMC

2.1. INTRODUCTION

Definitions

(a) “Employer” means Nodal Agency/ Client i.e INDUSTRIAL EXTENSION BUREAU

(iNDEXTb). Undertaking the task of development of such project for strengthening and

enchancing the overall related infrastructure of Gujarat

(b) “Consultant” means any entity or person that may provide or provides the Services to the

Employer under the Contract.

(c) “Contract” means the Contract signed by the Parties and all the attached documents listed in its

Clause 1 that is the General Conditions (GC), the Special Conditions (SC) and the Appendices.

(d) “Professional Advisor” shall mean the agency appointed by the Govt. of Gujarat/Employer or

its body to assist in preparing conceptual layout, tender preparation, evaluation of the agency,

approval of all drawings and design, Site Inspection and assist in contractual matters related to

appointing the Contractor & PMC for said project and assist in any other contractual matters

arising during ongoing works as directed by Employer.

(e) “Data Sheet” means such part of the Instructions to Consultants used to reflect specific

assignment conditions.

(f) “Day” means calendar day.

(g) “Government” means the Government of Gujarat / India.

(h) “Instructions to PMC” (Section 2 of the RFP) means the document which provides the

interested PMC with all information needed to prepare their Proposals.

(i) “Personnel” means professionals and support staff provided by the Consultant or by any Sub-

Consultant and assigned to perform the Services or any part thereof; “Foreign Personnel” means

such professionals and support staff who at the time of being so provided had their domicile

outside the Government’s country; “Local Personnel” means such professionals and support staff

who at the time of being so provided had their domicile inside the Government’s country.

(j) “Proposal” means the Technical Proposal and the Financial Proposal.

(k) “RFP” means the Request for Proposal prepared by the Employer for the selection of

Consultants.

(l) “Services” means the work to be performed by the Consultant pursuant to the Contract.

(m) “Sub-Consultant” means any person or entity/ Experts with whom the Consultant subcontracts

any part of the Services.

(n) “Terms of Reference” (TOR) means the document included in the RFP as Section 5 which

explains the objectives, of work, activities, tasks to be performed, respective responsibilities of the

Employer and the Consultant, and expected results and deliverables of the assignment.

2.1.1. Bidder/s should familiarize themselves with local conditions and take them into account in

preparing their Proposals. To have an idea of the assignment and local conditions, Bidders

are encouraged to visit the site as well should have complete detailed review of

stipulated works or requested to contact any of the following officers at the address given

below:


iNDEXTb. 11

Sr.

No. Name Designation Address Phone Email

1. Shri

Mukesh

Kumar

Managing

Director INDUSTRIAL

EXTENSION

BUREAU, Block No.

18, 2nd

floor, Udyog

Bhavan

Sector - 11, Gandhinagar-

382 017

91-79-232 0492/93 (Fax) 79-23250490

[email protected]

2. Shri

Kalpesh

Sheth

Assistant

General

Manager

(Projects)

-As above- -As above- [email protected]

om

3. Mrs.

Reshma

Shah

Project

Coordinator CEPT University,

Kasturbhai Lalbhai

Campus, University Road,

Navrangpura, Ahmedabad

–380 009

91-79-26302470 (Fax) 26302075

reshma.cept@gmail.

com

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

Proposals. Costs might include site visit, collection of information, and if selected,

attendance at contract negotiations.

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

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

to the bidder/s.

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

comprising the RFP. Material deficiencies in providing the information requested may

result in rejection of a Proposal.

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

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

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

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

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

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

within this period. In case of need, the Employer may request Bidder/s to extend the

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

period of their Proposals with valid reasons for which employer’s decision shall be final &

binding to contractor.

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

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

Sheet.

2.1.8. The Employer requires that Consultants provide professional, objective and impartial

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

for future work, and strictly avoid conflicts with other assignments or their own corporate

interests


iNDEXTb. 12

2.1.9. A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall

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

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

2.1.10. The EMD of Rs. 16,00,000/- (Rupees Sixteen Lacs Only) as a Lump sum in form of

Demand Draft or Bank Guarantee of any Nationalized Bank or private banks namely IDBI,

HDFC, ICICI and AXIS Bank having its office at Gandhinagar shall be furnished in favor

of Industrial Extension Bureau payable at Gandhinagar which shall be converted into

Security Deposit for successful bidder. EMD of the unsuccessful bidder shall be returned

within 30 days of the day of contract awarded to the successful bidder.

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

within 10 Days from the date of Letter of Acceptance.

2.1.12. PMC cannot include current employees of Central & State Government as their resource

personnel/experts. If PMCs nominate any Government employee retired within last two

years as experts in their Technical Proposal, such expert(s) must have written approval

from their Government.

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

relationship with a member of the Employer’s staff who is directly or indirectly involved in

any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection

process for such assignment, or (iii) supervision of the Contract, may not be awarded a

Contract, unless the conflict stemming from this relationship has been resolved in a

manner acceptable to the Employer throughout the selection process and the execution of

the Contract.

2.1.14. The Data Sheet indicates how long Consultants’ Proposals must remain valid after the

submission date. During this period, Consultants shall maintain the availability of

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

complete negotiations within this period. Should the need arise, however, the Employer

may request Consultants to extend the validity period of their proposals. Consultants who

agree to such extension shall confirm that they maintain the availability of the Professional

staff nominated in the Proposal, or in their confirmation of extension of validity of the

Proposal, Consultants could submit new staff in replacement, who would be considered in

the final evaluation for contract award. Consultants who do not agree have the right to

refuse to extend the validity of their Proposals, with valid reasons for which employer’s

decision shall be final & binding to the contractor.

2.2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS

2.2.1. Bidder/s may request a clarification of any of the RFP documents prior to pre-bid meeting

indicated in the Data Sheet. Any request for clarification must be sent in writing to the

address indicated in the Data Sheet. These would be clarified at the pre-bid meeting without

identifying its source.

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

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


iNDEXTb. 13

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

Invitation for Bid. The Employer will respond to any request for clarification which he

receives prior to holding of Pre-Bid Meeting.

2.2.3. Pre-bid meeting shall be convened on 07/03/2012 11.00 AM in the Conference Hall,

iNDEXTb, 2nd

Floor-Block no.18, Udyog Bhavan, Gandhinagar. It will be essential for

the Bidders to attend the Pre-Bid Meeting so as to understand and clarify any issues

related to Bid and related works.

2.2.4. The purpose of the meeting shall be to clarify issues and to answer questions on any matter

that may have been raised by the prospective bidders in writing and received by the

Employer’s office.

2.2.5. Non-attendance at the Pre-bid meeting will not be a cause for disqualification of the bidder.

Amendment to RFP

2.2.6. At any time before the submission of Proposals, the Employer may, whether at its own

initiative, or in response to a clarification requested by a short listed firm, or in response to

queries raised at the pre-bid meeting amend the RFP by issuing an addendum. The

addendum shall be sent to all short listed Bidder/s and will be binding on them. To give

Bidder/s reasonable time in which to take an amendment into account in their Proposals, the

Employer may at its discretion, if the amendment is substantial, extend the deadline for the

RFP submission.

2.3. PREPARATION OF THE PROPOSAL

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

(i) The Technical Proposal, and

(ii) The Financial Proposal

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

2.3.3. The Technical & Financial Proposals should include separate cover letters signed by

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

commitments on behalf of the firm. The letter should specify all association arrangements,

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

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

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

the TOR through the nominated experts.

2.4. ELIGIBILITY CRITERIA

Bidders seeking pre-qualification shall meet the following minimum Eligibility & Pre-

qualification Criteria.

2.4.1. The Bidder should be working as Project Management Consultant to Govt. /Semi Govt.


iNDEXTb. 14

organization or MNC’s for a period not less than 7 years.

2.4.2. Average Annual Turnover of last 3 years, for the similar works shall not be less than Rs.

5.00 Crores.

2.4.3. The Bidder shall have experience of working as PMC for single similar work amounting

not less than Rs. 50.00 crores in last five years.

2.4.4. The Bidder should submit the certificates showing their satisfactory performance for at

least five similar works as per stipulated scope of works enlisted in bid for completed

works.

2.5. THE TECHNICAL PROPOSAL

General

The Technical Proposal shall not include any financial information and any Technical Proposals containing financial information shall be declared non-responsive.

Technical Proposal Format and Content

2.5.1. The Technical Proposal shall contain information indicated in the following

paragraphs from (i) to (xi) using the Standard Technical Proposal Forms (Section 3).

The bidder must provide such information. (i) A brief description of the organization and outline of recent experience (last 7 years) of

the PMCs on assignments of a similar nature as stipulated in bid is required in Form TECH-1. For each assignment, the outline should indicate inter alia, the assignment, Project Cost and the Consultant’s involvement. Assignments completed by individual experts working privately or through other consulting firms cannot be claimed as the experience of the Consultant, or that of the Consultant’s Associate(s), but can be claimed by the individuals themselves in their CVs. Bidder/s should be prepared to substantiate the claimed experience if so requested by the Agency.

(ii) A concise, complete, and logical description of how the Consultant’s team will carry out

the services to meet all requirements of the TOR in form TECH-2 supported by form

TECH-3.( Work plan time schedule in Form F-3 & approach or methodology proposed for

carrying out the required work in TECH-2a) (iii) Comments, if any, on the TOR (to be given in Form TECH - 2) to improve performance

in carrying out the assignment. Innovativeness will be appreciated, including workable suggestions that could improve the quality/effectiveness of the assignment. In this regard, unless the Consultant clearly states otherwise, it will be assumed by the Employer required to implement the work and any such improvements, are included in the inputs shown on the Consultant’s Staffing Schedule (Form TECH- 2b).

(iv) A work plan showing in graphical format (bar chart) the timing of major activities,

anticipated coordination meetings, and deliverables such as reports required under the

TOR (Section – 5).

(v) A Staffing Schedule (Form TECH-2b) indicating clearly the estimated duration in terms

of person-months (shown separately for work in the field and in the main office for each activity) and the proposed timing of each input for each nominated expert, including main office experts (if required) using the format shown in Form TECH – 2b. The schedule shall also indicate when main office experts are working in the site office.


iNDEXTb. 15

(vi) An organization chart indicating relationships amongst the Consultant and any Associate(s) involved in the assignment.

Personnel (vii) The name, age, background employment record, and professional experience of each

nominated expert, with particular reference to the type of experience required for the assignment should be presented in the CV format shown in Form TECH-4. A summary should be given in Form TECH – 5.

(viii) All nominated experts must be Indians Nationals. Only one CV may be submitted for

each position.

(ix) The Employer requires that each expert confirm that the content of his/her Curriculum

Vitae (CV) is correct and the experts themselves should sign the certification of the CV.

However the employer may accept a senior officer of the Consultant signing the CVs on

behalf of the experts. If, for valid reasons, the experts are unable to do so, and the

Consultant’s Proposal is ranked first, copy of the CVs signed in blue ink by the experts

concerned must be submitted to the employer prior to commencement of contract

negotiations. The majority of the key professional staff proposed must be permanent staff

of the firm. “Permanent Staff means the candidate had been employed with the Firm for a

minimum period of 1 (One) year. More weightage shall be given to the personnel

employed with more years with the firm. Photocopy Unsigned CV shall not be

evaluated.

(x) All the personnel shall have working knowledge of English and all the reports etc shall be

written in English

These personnel will be rated in accordance with:

(a) General qualifications

(b) Adequacy for the project (suitability to perform the duties for this assignment. These

include, length of experience on fields similar to those required as per terms of

reference, type of positions held, time spent with the firm etc)

(c) Their language and the experience in the Gujarat region

(d) Involvement in skills transfer program.

(xi) A zero rating will be given to a nominated expert if (a) The CV is not signed. (b) The expert is a current employee of Government of India/ any State Government /

Union Territory. As a checklist to ensure all these requirements have been complied with, Bidder/s are

required to complete the “Summary of Information on Proposed Experts”, Form TECH-5.

2.6. FINANCIAL PROPOSAL

2.6.1. All information provided in the PMCs’ Financial Proposal will be treated as confidential

unless otherwise specified. The Financial Proposal should list all costs associated with the

assignment. These normally cover : Remuneration for staff (Main office and Site

office), office accommodation, transportation (mobilization, demobilization, local),

equipments (vehicles, office equipment, furniture and supplies), communication facilities

and preparation of reports in requisite number of copies.


iNDEXTb. 16

2.6.2. The Financial Proposal must be submitted in hard copy using the format shown in Section

4. The Financial Proposal requires completion of three forms namely FIN-1, FIN-2, FIN-3 (i) Forms FIN-1 and FIN-2 shown in Section 4 relate to the costs of consulting services

under two distinct categories, namely: (a) Remuneration, and (b) Out-of-Pocket Expenditures.

(ii) Remuneration is divided into billing rate estimates for expert of PMCs; out-of-pocket

expenditures are divided costs for other out-of-pocket expenditure items required to perform the services.

2.6.3. Form FIN-3 summarizes the proposed cost(s) and the figures provided therein will be read

out aloud at the opening of Financial Proposals.

2.6.4. The amounts stated under provisional sums in the Financial Proposal must be the exact

figures as specified in the Data Sheet for these cost categories. Also, the list of experts, and

their respective inputs, identified on Form FIN-1 must match the list of experts and their

respective inputs shown in the Staffing Schedule in Form TECH-4 of the Bidder/s’

Technical Proposal. No proposed schedule of payments should be included in PMCs’

Financial Proposals. The payment schedule will be as per General Conditions of Agreement

as finalized by iNDEXTb.

2.6.5. Amounts payable to the Consultant by the employer may be subject to local taxes.

It is the responsibility of the Consultant to determine the estimated taxes payable and take

such amounts into account, as appropriate. All such taxes shall be deemed to be included in

the Bidder/s’ Financial Proposal.

Please note that the cost of preparing a proposal and of negotiating a contract including visits to iNDEXTb, Gandhinagar, if any is not reimbursable as a direct cost of the assignment.

iNDEXTb shall reimburse only Service Tax. Consultant has to assess all other Taxes and should inbuilt them in their financial proposal. These taxes (other than service tax) should not be provided separately. Please note that the remuneration, which you receive from the contract, will be subject to normal tax liability in India. Kindly contract the concerned tax authorities for further information in this regard if required.

2.6.6. The financial proposals shall be prepared to cover the tasks mentioned in the TOR and also

the tasks required to be carried out in order to meet the objectives.

2.7. SUBMISSIONS, RECEIPT AND OPENING OF PROPOSALS

2.7.1. The original proposal shall be prepared in indelible ink. The Proposal (both Technical and

Financial Proposals) shall contain no interlineations or overwriting, except as necessary to

correct errors made by Bidder/s. The person(s) who signed the Proposal must initial any

such corrections, interlineations or overwriting.

2.7.2. An authorized representative of the Consultant shall initial all pages of the Technical &

Financial Proposal. The letter of authorization must be confirmed by a written power of

attorney accompanying the proposals.

2.7.3. The Technical Proposal to be sent to the employer shall be placed in a sealed envelope


iNDEXTb. 17

clearly marked “TECHNICAL PROPOSAL.” Similarly, the Financial Proposal shall be

placed in a sealed envelope clearly marked by red felt pen “FINANCIAL PROPOSAL” and

with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” The envelopes

shall be placed into an outer envelope and sealed. The outer envelope shall bear the

submission address, reference number and title of the Project. The outer envelope shall also

contain EMD as described. If the Financial Proposal is not submitted by the Bidder/s in a

separate sealed envelope and duly marked as indicated above, this will constitute grounds

for declaring both the Technical and Financial Proposals non-responsive.

2.7.4. The bids should be submitted in hard bound form with page numbering and index. Any

additional information shall also be furnished by the bidder in hard bound form with proper

indexing and page numbering. The details submitted in other forms like spiral bound form,

loose form etc would be rejected.

2.7.5. Proposals must be delivered at the indicated Employer’s submission addresses on or before

the time and date stated in the Data Sheet or any new date established by the employer.

2.8. PROPOSAL EVALUATION General

2.8.1. From the time the Proposals are opened to the time the contract is awarded, the Consultant

should not contact the employer on any matter related to its Technical and/or Financial

Proposal. Any effort by a Consultant to influence the employerin examination, evaluation,

ranking of Proposals or recommendation for award of contract shall result in rejection of

the Bidder/s’ Proposal. Evaluation of Technical Proposals

2.8.2. A PMC’s Selection Committee (SC)/ Professional Advisor constituted/appointed by

iNDEXTb will be responsible for evaluation and ranking of Proposals received.

2.8.3. The SC/ Professional Advisor evaluates and ranks the Technical Proposals on the basis of

Proposal’s responsiveness to the TOR using the evaluation criteria and points system

specified in the Data Sheet. Each Technical Proposal will receive a technical score.

A Proposal shall be rejected if it does not achieve the minimum technical mark of

75%.

2.8.4. A Technical Proposal may not be considered for evaluation in any of the following cases: (i) The Technical Proposal was submitted in the wrong format; or (ii) The Technical Proposal included details of costs of the services; or (iii) The Technical Proposal reached the employer after the submission closing time and date

specified in the Data Sheet.

2.8.5. After the technical evaluation is completed, the employer shall notify the bidders whose

Proposals did not meet the minimum qualifying technical mark or the bidders whose

Technical Proposals were considered non-responsive to the RFP requirements, indicating

that their Financial Proposals will be returned unopened after completion of the selection

process. The employer shall simultaneously notify, in writing the bidders whose Technical

Proposals received a mark of 75% or higher, indicating the date, time, and location for

conducting presentation and opening of Financial Proposals.


iNDEXTb. 18

2.8.6. Qualified bidders are expected to make presentation on their proposed methodology and

approach for overall execution of the concerned assignment before the Committee

Constituted by Government of Gujarat for the final selection. The Committee will select the

agency by giving 70% weight age on the technical/evaluation score and presentation

score presented before it and 30% weight age to the price bid. Based on this exercise

one bidder will be finally selected and the Committee if required will further negotiate

and finalize the price. The bidder shall come with his laptop and a CD for

presentation.

2.9. OPENING AND EVALUATION OF FINANCIAL PROPOSALS Opening of Online Financial Proposals

2.9.1. Bidder’s representative is encouraged to be present at the time of opening of Financial

Proposal. At the opening of Financial Proposals, Consultant representatives, who choose to

attend, will sign an Attendance Sheet. (i) The marks of each Technical Proposal that met the minimum marks of 75% will be read

out aloud. Eligible bidders shall have to secure minimum 60% marks for qualification in technical Presentation.

(ii) Financial Bid will be opened only for qualified bidder after evaluating Technical Presentations.

(iii) The Employer’s representative shall prepare minutes of the bid opening including the

information disclosed to those present in accordance with this sub clause.

Evaluation of Financial Proposals

2.9.2. The Employer will subsequently review the detailed contents of each Financial Proposal

during the examination of Financial Proposals, the employer staff / Professional Advisor

and any others involved in the evaluation process will not be permitted to seek clarification

or additional information from any Consultant who has submitted a Financial Proposal.

2.9.3. Financial Proposals will be reviewed to ensure that the figures provided therein are

consistent with the details of the corresponding Technical Proposal (e.g. personnel schedule

inputs, etc.).

2.9.4. The commercial terms in each Financial Proposal will be checked for compliance with the

requirements set forth in the Data Sheet. For instance the validity period of the employer’s

Proposals must accord with the validity period set down in the Data Sheet.

2.9.5. Financial Proposals will be checked for computational errors or material omissions, and

prices will be corrected and adjusted as necessary.

2.9.6. The total price (TP) for each Technical and Financial Proposal will be determined.

2.9.7. The lowest Financial Proposal (Fm) will be given a financial Score (Sf) of 100 points. The

financial scores (Sf) of the other Financial Proposals will be computed as follows: Sf = 100

x Fm / F (F is the amount of Financial Proposal).

Where,


iNDEXTb. 19

Sf is the financial score of the price proposal being evaluated.

Fm is the TP of the lowest priced proposal

F is the TP of the Price proposal under consideration.

The lowest evaluated price proposal will receive the maximum score of 100 marks.

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

scores using the weights, (T= the weight given to the Technical Proposal [Evaluation score

and presentation score]; P = the weight given to the Financial Proposal; T + P = 1) indicated

in the Data Sheet; S = St x T% + Sf x P%. The firm achieving the highest combined score

(S) will be invited for negotiations.

2.10. NEGOTIATIONS

2.10.1. Negotiations will be held at the address indicated in the Data Sheet. Representatives

conducting negotiations on behalf of the Consultant must have written authority to

negotiate technical, financial, and other terms and conclude a legally binding agreement.

2.10.2. The technical negotiations cover the Consultant’s Technical Proposal, including the

proposed technical approach and methodology, work plan, staffing schedule, organizational

arrangements, and any suggestions made by the Consultant or the employer to improve the

implementation of the assignment. Negotiations will not result in substantial modifications

to either the Consultant’s Technical Proposal or the TOR.

2.10.3. The financial negotiations will generally fine-tune duration of expert’s inputs and

quantities of out-of-pocket expenditure items may be increased or decreased from the

relevant amounts shown or agreed otherwise, in the Financial Proposal. Unless exceptional

circumstances exist, the details of experts’ remuneration and specified unit rates for out-of-

pocket expenditures will not be subject to negotiations.

2.10.4. The consultant shall confirm the modifications made in his proposals in writing within

three days of conclusion of negotiations.

2.10.5. If contract negotiations are unable to be concluded for any reason, the employer will, at

its discretion, commence negotiations with the second lowest bidder.

2.10.6. During negotiations the PMCs must be prepared to furnish the detailed cost breakup and

other clarifications to the proposals submitted by him, as may be required. If the

negotiations with this consultant are successful, the award will be made to him and all other

bidders shall be notified.

2.11. CONFIDENTIALITY Information relating to evaluation of Proposals and recommendations concerning contract

award shall not be disclosed to bidders who submitted Proposals or to other persons not officially concerned with the recruitment process until the successful firm has been notified and contract awarded.

2.12. AWARD OF CONTRACT

Award Criteria

Following completion of evaluation of Technical proposal and Price proposals, final

ranking of the proposals will be determined. This will be done by applying weight age of


iNDEXTb. 20

0.70T [ or 70 percent] and 0.30P [or 30 percent] respectively to Technical Score, Technical

Presentation and Financial score of each evaluated qualifying Technical and Financial

Proposal and then computing the relevant combined total score for each bidder. Eligible

bidders shall to secure minimum 60% marks for qualification in Technical presentation.

2.13. CONTRACT COMMENCEMENT DATE The Data Sheet indicates the anticipated date for the commencement of the contract

services.


iNDEXTb. 21

B. DATA SHEET

Information to Consultant

Package No: RFP/iNDEXTb/Mahatma Mandir/2012/01 State: Gujarat

Sr. No. Name of work : Project Management Consultancy for EPC of

Mahatma Mandir Convention Centre Phase-1

B works at, Gandhinagar.

1. Estimated Project Cost : Rs. 160,00,00,000.00 INR

2. Source of Funds : Government of Gujarat through its Nodal

Agency

3. The Employer/ Nodal Agency : iNDEXTb

4. Representative/Contact Person and

Address of the Employer/

Communication

: The Managing Director

INDUSTRIAL EXTENSION BUREAU Block No. 18, 2nd floor, Udyog Bhavan

Sector - 11, Gandhinagar – 382 017

Ph: (079) 2325 6009, 2325 0492/93

Email: [email protected]

Website: - www.indextb.com

5. Tender fee : Rs.10,000.00 (Rupees Ten Thousand only) by

cash or by Demand Draft of Nationalized

Bank or private banks namely IDBI, HDFC,

ICICI and AXIS Bank payable at

Gandhinagar in favour of Industrial Extension

Bureau.

6. Earnest Money Deposit : Rs.16,00,000.00 (Rupees Sixteen Lacs only)

by Demand Draft or Bank Guarantee of

Nationalized Bank or private banks namely

IDBI, HDFC, ICICI and AXIS Bank payable

at Gandhinagar in favour of Industrial

Extension Bureau.

7. Project Implementation Period : 15th

March, 2012 to March, 2013. Minimum

12 months from start of construction.

8. Consultancy period : Project Implementation period as mentioned

above + Defects Liability period of 24

Months.

9. Issue of Bid documents : From 28/02/2012 to 20/03/2012 up to 4.00

PM

10. Place of issue of documents : As per 4 above

11. Bid Validity : Ninety (90) days from due date for

submission of bid.(From Dt:20/03/2012)

12. Pre-bid meeting : 07/03/2012 at 11.00 am in conference hall of

iNDEXTb.

13. Submission of Bid : Up to Dt.20/03/2012 up to 5:30 PM At the

above address mentioned in Sr.No:4

14. Opening of the Technical Bids (Date &

time)

: Dt. 20/03/2012 at 5:35 PM onwards

15. Place of Opening of Bids : As per above Sr.No. 4

16. Evaluation of Technical Bids : As per Evaluation criteria


iNDEXTb. 22

17. Technical Presentation : To be finalized by iNDEXTb

18. Security Deposit : EMD shall be converted in to SD and retained

as SD still submission of final report from

PMC.

19. Performance Security : 5% of Accepted Consultancy cost in form of

Bank Guarantee of any Nationalized Bank as

per Clause No:5.9


iNDEXTb. 23

C. Evaluation for Technical Proposal

The numbers of points to be given under each of the evaluation criteria are:

Sr.No. Criteria Weightage

(i) Qualification of the Proposer 35

(a) Overall Experience 10

(b) Experience in similar nature of works. 25

(ii) Approach and methodology (Understanding of Objective and Progress

monitoring, Quality of Methodology: proposed for supervision, testing of

materials). Indicate Infrastructure support like equipments, available

software etc.

15

(iii) Personnel (Area of Expertise) 50

(a) Team Leader (MBA/M.E. preferably with B.E.Civil minimum 20 years

experience in relevant field) (1 No) ( 10 Marks/ 1 No)

10

(b) Resident Civil Engineers (B.E.Civil with Minimum 15 years

experience in relevant field) (2 No’s) At least One Resident Civil Engineer

should have relevant Master’s degree. ( 5 Marks/ 1 No)

10

(c) Site Engineers ( B.E.Civil with Minimum 5 years experience) ( 3 No’s)

( 3 Marks/ 1 No)

09

(d)Mechanical Engineer (B.E.Mechanical with Minimum 10 years


03

(e) Electrical Engineer (B.E.Electrical with Minimum 10 years experience

in relevant field) (1 No) ( 3 Marks/ 1 No)

03

(f) HVAC Engineers ( Graduate Engineer with Minimum 10 years


03

(g) Acoustic/Sound Engineer (Graduate Engineer with Minimum 10 years


03

(h) Safety Officer (Minimum 10 years experience in relevant field) (1 No)

( 3 Marks/ 1 No)

03

(i) Environmental Engineer (Graduate Engineer with Minimum 10 years


03

Total Points 100

The minimum Technical score required to qualify is: 75 Points


iNDEXTb. 24

3. SECTION- 3.

TECHNICAL PROPOSAL STANDARD FORMS

CONTENTS

FORM TITLE

Annexure II : Format of Covering Letter

Form TECH-1 : Major works during last five years

Form TECH-1a : Additional attachment of details of each work.

Form TECH-2a : Approach on Methodology for performing the assignment and

comments on TOR

Form TECH-2b : Work program and time schedule for key personnel/ staffing

schedule

Form TECH-2c : Work plan time schedule

Form TECH-3 : Composition of Team Personnel and Task Assignment

Form TECH-4 : Curriculum Vitae (CV) format to be submitted with the Proposal

Form TECH-5 : Summary of information on proposed experts

Form TECH-6 : Audited Turn over and other financial data of last five years


iNDEXTb. 25

ANNEXURE -II

FORMAT OF COVER LETTER TO TECHNICAL PROPOSAL:

FROM: TO: [Name & Address of the Consulting Firm] [Name & Address of the Agency]

Sir,

Subject: PMC Engagement (PMC) for Development and Construction of Mahatma Mandir

Convention Center – Phase 1B Works at, Gandhinagar.

Regarding Technical Proposal

1. I/We …………………… the undersigned, offer to provide the consulting services of the

above Project I.D. No. [________] in accordance with your request for proposal dated

[________]. I/We am/are hereby submitting my/our proposal, which includes this

technical proposal, and a financial proposal sealed under separate envelopes. The EMD

for Rs. [_________] furnished in the form of a DD or Bank Guarantee from the [Name of

the bank, branch] is also enclosed. The EMD is valid up to [Date].

2. I/We have submitted my/our offer for the following PMC in a participating Development

and Construction of Mahatma Mandir Convention Center – Phase 1 B works.

3. If negotiations are held during the period of validity of the proposal, i.e. before [Date], or

extended date _____ for valid reasons. I/We undertake to negotiate on the basis of the

proposed staff. My/Our proposal is binding upon me/us and subject to modifications

resulting from contract negotiations.

4. I/We understand that you are not bound to accept any proposal you receive.

Yours Faithfully,

Signature

Full Name :

Designation :

Address :

(Authorised Representative)


iNDEXTb. 26

Form TECH-1

MAJOR WORKS DURING LAST FIVE YEARS

PMC Engagement for Development and Construction of Mahatma Mandir Convention Center.

Please provide information on each reference assignment for which the applicant under his

supervision must have completed a single construction/EPC project of same scope of work not less

than Rs. 50 Crores in last Five years.

Outline of recent experience on assignments of similar nature.

Sr.

No.

Name of

Assignment

Name

of

Project

Owner of

sponsoring

authority

Cost of

Assignment

Date of

Commencement

Date of

Completion

Was

Assignment

satisfactorily

completed

1 2 3 4 5 6 7 8

• Provide a copy of Satisfactory Completion Certificate from the Employer. Only those

studies would be considered for the evaluation for which the documentary proof i.e.

Employer Satisfactory Completion Certificate have been provided.

• Please provide additional Information in addition to the above information as per

Form TECH-1a for each project.


iNDEXTb. 27

Form TECH-1a

MAJOR WORKS DURING LAST FIVE YEARS


The following information should be provided in the format below for each reference assignment

for which your firm, either individually as a corporate entity was legally contracted in addition to

Form TECH-1.

Assignment Name: Country:

Location within Country : Professional Staff Provided by your

firm:

Name of Employer : No. of Staff :

Address : No. of Staff – Months, duration of

assignments

Start Date

(Month / Year)

Completion Date

(Month / Year)

Approx. Value of Services : (in Indian

Rupees) :

Name of Associated Consultants, if any

:

No. of months of Professional Staff,

provided by Associated Consultants:

Name of Senior Staff (Project Director / Coordinator, Team Leader) involved and

functions performed:

Narrative Description of Project :

Description of Actual Services Provided by your Staff: (Consultancy for

implementation and supervision of operations and maintenance works).


iNDEXTb. 28

Form TECH-2a

APPROACH ON METHODOLOGY PROPOSED FOR PERFORMING THE

ASSIGNMENT AND COMMENTS ON TOR


[Technical approach, methodology and work plan are key components of the Technical Proposal. You

are suggested to present your Technical Proposal (50 pages, inclusive of charts and diagrams) divided

into the following three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your understanding of the

objectives of the assignment, approach to the services, methodology for carrying out the activities and

obtaining the expected output, and the degree of detail of such output. You should highlight the

problems being addressed and their importance, and explain the technical approach you would adopt

to address them. You should also explain the methodologies you propose to adopt and highlight the

compatibility of those methodologies with the proposed approach.

b) Work Plan. In this chapter you should propose the main activities of the assignment, their content

and duration, phasing and interrelations, milestones (including interim approvals by the Employer),

and delivery dates of the reports. The proposed work plan should be consistent with the technical

approach and methodology, showing understanding of the TOR and ability to translate them into a

feasible working plan. A list of the final documents, including reports, drawings, and tables to be

delivered as final output, should be included here. The work plan should be consistent with the Work

Schedule of Form TECH-2b.

c) Organization and Staffing. In this chapter you should propose the structure and composition of your

team. You should list the main disciplines of the assignment, the key expert responsible, and proposed

technical and support staff.


iNDEXTb. 29

Form TECH-2b

WORK PROGRAM AND TIME SCHEDULE FOR KEY PERSONNEL/ STAFFING

SCHEDULE

Months

Name Position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Number

of

Months

Total

Activities and Duration

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Field Full Time: _________ Part Time: ____________

Report Due: ____________

Activities Duration: _____________


iNDEXTb. 30

Form TECH-2c

WORK PLAN TIME SCHEDULE A. Field Investigation

Month wise Programme

Sr Item 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th

B. Completion and submission of reports:

1. Inception Report

2. Interim Status Report as indicated under TOR

3. Draft Final Report

4. Final Report

5. Contractor’s Bill verification

• Indicate all main activities of the assignment, including delivery of reports (e.g.: inception,

quarterly, monthly and final reports), and other benchmarks such as Employer approvals

• Duration of activities shall be indicated in the form of a bar chart.


iNDEXTb. 31

Form TECH-3

COMPOSITION OF TEAM PERSONNEL AND THE TASK, WHICH WOULD BE

ASSIGNED TO EACH TEAM MEMBER


a. Office Based Experts ……………………………………………………………………………………………………… S.No. Name Position Task assigned ………………………………………………………………………………………………………

1.

2.

3.

4.

…………………………………………………………………………………………………….. b. Project Site Based Experts

……………………………………………………………………………………………………… S.No. Name Position Task assigned

……………………………………………………………………………………………………… 1.

2.

3.

4.


iNDEXTb. 32

Form TECH-4

CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH PROPOSAL

ONE FOR EACH EXPERT (ONLY ONE CANDIDATE SHOULD BE NOMINATED FOR

EACH POSITION)


(Please follow exactly the following format. Omission will be seen as noncompliance)

1. Proposed position for this project :

2. Name :

3. Date of Birth :

4. Nationality :

5. Personnel Address :

Tel. No. :

Fax. No. :

Email address :

6. Education (The years in which

various qualification obtained must

be stated

:

7. Other Training :

8. Language & Degree of Proficiency

(Indicate proficiency in speaking,

reading, writing of each language

by excellent, good, fair and poor)

:

9. Membership in Professional Bodies :

10. Experience with Organization

From To

Project and Task assigned

11. Employment Record

From

To (Starting with present position, list in reversed order

every employment held and state the start and end

month/year of each employment.)

Employer

Position held description of duties

CERTIFICATION

I, the undersigned, certify that to the best of my knowledge and belief, this Bio-data correctly

describes my qualifications, my experience, and me. I understand that any willful mis-statement

described herein may lead to my disqualification or dismissal, if engaged.

I have been employed or associated by [name of the firm] continuously/project base for the last

(__) months/years.

Signature

Date:


iNDEXTb. 33

Form TECH-5

SUMMARY ON INFORMATION ON PROPOSED EXPERTS

Sr

No

Expertise

Discipline

viz

Civil/Elect

etc

No. of

post

Graduate

experts

No of

Graduate

experts

Experience

Experience in this Company

Remarks

Above

20

years

Between

15 to 20

years

Between

10 to 15

years

Below

10

years

Above

15

Between

10 to 15

Between

5 to 10

Below

5


iNDEXTb. 34

Audited Financial Data : Form-TECH-6

Name of Applicant:

Applicants should provide financial information to demonstrate that they meet the requirements.

Each applicant must fill in this form. If necessary, use separate sheets to provide complete banker

information. A copy each of the audited balance sheet for the last five years should be attached.

Summarize actual assets and liabilities in INR for the previous five years.

Financial information

in INR

Previous five years

2010-2011 2009-2010 2008-2009 2007-2008 2006-2007

1. Total assets

2. Current assets

3. Total liabilities

4. Current liabilities

5. Profits before taxes

6. Profit after taxes

7. Depreciation

8. Net worth

9. Annual turnover

Specify proposed sources of credit line to meet the cash flow demands of the Work.

Source of credit line Amount in Rs.

1.

2.

3.

Attach audited financial statements for the last five years

Firms owned by individuals, and partnerships, may submit their balance sheets certified by a

registered accountant.

Attach Certificate(s) issued by any Bank or Financial Institution for available credit to the Lead

partner.

Name of banker:

Address of banker:

Telephone: Contact Name &Title:

Facsimile: TELEX:


iNDEXTb. 35

4. SECTION- 4.

FINANCIAL PROPOSAL STANDARD FORMS

CONTENTS

FORM TITLE

Annexure III : Format of Covering Letter

Form FIN-1 : Remuneration: Proposed billing rates for experts

Form FIN-2 : Out-of-Pocket expenditure proposed

Form FIN-3 : Summary of Cost Estimates


iNDEXTb. 36

ANNEXURE –III

FORMAT OF COVER LETTER TO FINANCIAL PROPOSAL:

FROM: TO: [Name & Address of the Consulting Firm] [Name & Address of the Agency]

Sir,

PMC Engagement for Development and Construction of Mahatma Mandir Convention Center-

Phase 1 B Works.

Regarding Financial Proposal

1. I/We …………………… the undersigned, offer to provide the consulting services of the

above Project in accordance with your request for proposal dated [________] and my/our

proposal. My/Our attached financial proposal is for the sum of [Amount in words and

figures]. This amount is inclusive of all taxes (except service tax), levies.

2. My/Our financial proposal shall be binding upon me/us subject to the modifications

resulting from Contract negotiations, up to expiration of the validity period of the proposal

or the date extended by me/us i.e. [Date].

3. I/We certify that I/we have not engaged any Agents, nor I/we have paid any fee to any

Agent for procuring this consulting service.

4. I/We understand that you are not bound to accept any proposal you receive.

Yours Faithfully,

Signature

Full Name :

Designation :

Address :

(Authorised Representative)


iNDEXTb. 37

Form FIN-1

REMUNERATION: PROPOSED BILLING RATES FOR EXPERTS


Phase 1 B Works.

Minimum Expected Project duration is 14 months.

Technical Staff

Expert’s Name Position Rate Rs.

(Per Month)

Months Total Rs.

Supporting Staff

Name Position Rate Rs.

(Per Month)

Months Total Rs.

Total Cost Rs.


iNDEXTb. 38

Form FIN-2

OUT OF POCKET EXPENSES


Phase 1 B Works.

Project duration is minimum 14 months.

Sr.No.

Description

Unit

Unit

Cost

Rs.

Qty.

Cost Rs.

1. Travel for Mobilization and Demobilization

2. Miscellaneous Travel Expenses

3. Overheads

4. Report preparation, production

5. Provisional Sums

6. Equipments

7. Purchase books of specifications/codes

8. Holding of Training and workshops

9. Other Costs

Total Cost Rs.


iNDEXTb. 39

Form FIN-3

SUMMARY OF PROPOSED COST


Sr.

No.

Description Cost Rs. %age derived of

the Project Cost

1. FIN-1. Remuneration to Professional

Personnel & Support Staff

2. FIN-2. Out of Pocket Expense

3. Total of 1 & 2

4. Add Service Tax

5. Fee or Profit

Total (3+4+5) Cost in Figure

Total Cost in Words


iNDEXTb. 40

5. SECTION- 5.

TERMS OF REFERENCE FOR PMC (PMC)

5.1. The Consultant:

5.1.1. The services of the PMC may be provided by a consulting firm (Consultant) with adequate

experience in the relevant field. The consultant will provide the staffing as indicated in

Clause 5 of TOR, though in preparing their proposals the PMCs may propose alternative

arrangements that, in their opinion, will provide service of an equivalent quality. The final

staffing would be adjusted to suit the actual work and implementation schedule.

5.1.2. The Consultant will be engaged by the iNDEXTb by inviting Technical & Financial Offers.

5.2. Procedure for Engaging Consultant:

iNDEXTb shall engage the PMC by,

(i) Inviting Expressions of Interest.

(ii) Technical Evaluation by a Committee

(iii) Selection by Quality and Cost Based Selection (QCBS) procedure.

5.3. Implementation Arrangements:

5.3.1. The PMC would be attached to iNDEXTb for co-ordination, reporting and payment

purposes.

5.3.2. Status of all the activities entrusted to the Consultant would be reviewed through

Fortnightly meetings at iNDEXTb’s Office at Gandhinagar and monthly Regional Review

Meetings at site. Corrective actions as identified during such meetings would be required to

be taken by the Consultant.

5.4. Scope of Work

Industrial Extension Bureau iNDEXTb is desirous of appointing an Agency for Project

Management Consultancy (PMC) Services for the purpose of availing service / consultancy

assistance to Engineer-in-Charge of Projects by providing comprehensive services of complete day

to day supervision, monitoring and management of the works, project, quality assurance ,bill

certification and payments etc., for various functional facilities adhering to the respective contracts

execution of work as per the approved drawings, specifications duly following extant procedures of

Employer/Professional Advisor and also subject to such further variations and modifications as the

Employer may decide from time to time. The Consultant has to provide all service assistance to

Engineer-in-Charge/Employer of work with respect to all activities for administering/management

of the contract for the works of projects.

The above services shall be provided by the PMC for all activities within EPC Contractor’s Scope

of works for stipulated project. Majorly as;

• Survey and Soil Testing

• Civil Construction

• Mechanical and HVAC Works

• Electrical Works


iNDEXTb. 41

• Interior, ambience and Furniture Works

• Water Supply and drainage System

• Infrastructural Development like Roads, Pathways, and Street Lights

• Landscape and Beautification Works

• Audio Visual and Acoustic Works

• Safety Operations like Fire Fighting Systems Development

• Environmental Aspects

• Overall Testing of all Facilities/Materials

THE VARIOUS ACTIVITIES BROADLY INVOLVED IN THE ABOVE SAID SERVICES

ARE:

Monitoring, Planning, Progress Reviewing and Co-ordination

• To review Planning, Scheduling and Implementing of detailed construction programs with

stipulated milestones framed by EPC bidder to complete the project in time and

indicate/srcutinse any works likely to be delayed or disrupted in written to Employer/Engineer-

In charge/Professional Advisor after a careful study and ensuring timely completion of project

by 15th

Nov’2012.

• To co-ordinate with the Engineer-in-charge / Employer / Professional Advisor/Contractor for

all works related to Entire Project

• To Study & scrutinize approved drawings and point out discrepancies if any, as also to ensure

incorporation by the Contractor.

• Documentation of all project related matters, including minutes of different meetings.

• To monitor complete implementation of detailed tender documents for each category of works,

like Civil works, Structural works, Electric works, HVAC, Plumbing Services, Sound Systems,

Material Testing requirement and other services completely within the EPC Contractor’s scope

of work and as directed by Employer.

• Preparation of periodical reports relating to time, cost and quality as directed by Employer.

• Ensure that the Employer and the Contractor abide by the Conditions of Contract.

• Check all the stipulated items of Work by EPC Contractor and estimation of BOQS.

• PMC should prepare cash flow charts and update budget estimate as per actual execution and

keep Employer informed on all changes prior to implementation and execution of works if any.

• Scrutinizing, the construction methods proposed by the Contractor for carrying out the works to

ensure that these are satisfactory with particular reference to the technical requirements and

deployment of plant and machinery, project implementation schedule and environment aspects

as well as safety of works, personnel and the general public.

In case the work is held up for more than 7 days, the representative of the PMC/Engineer will

report and work for Liasoning and coordination from the office of iNDEXTb:, for which no

additional fee will be payable to the PMC

Construction Supervision

• Shall physically verify all dimensions of site and ensure that they are as per approved drawings.

Discrepancies shall be notified to the Employer/Engineer in charge/Professional Advisor

immediately. Shall be responsible to maintain the dimension at site as per the approved

drawings.

• Shall study all approved drawings, Contract Agreement, Specifications etc. and ensure

implementation at site.

• Shall be responsible for overall monitoring of the construction.

• Shall be responsible for to deploy requisite number of qualified and experienced Engineers

(Civil, Water Supply and Sanitary, Structural, Mechanical and Electrical, Material testing based


iNDEXTb. 42

on scope of works) at site on full time basis to supervise the day to day works and also shall be

responsible for monitoring of the progress of work as per approved drawings, construction

procedures and practices and to ensure quality in day to day work as per specifications and

standards.

• Shall be responsible for checking all the construction activities involved in project.

• Checking all the measurements recorded in the bill prepared by contractor at site with respect

to approved drawings and to certify the accuracy. If in case, it is necessary to take

measurements at site and record and finalize, certify the bills, the PMC shall also do so to make

timely payment for the works done.

• The PMC shall check the bills submitted by the contractor and certify the accuracy within

maximum 14 days or as stipulated in EPC bid from the date of receipt of bill from Contractor

by the Engineer-in-charge/Employer.

• If bills/measurements are not submitted by the Contractor, the PMC shall take measurements

jointly with Contractor’s representative, record them in measurement books (MBs) directed by

Employer and obtain contractor’s signature in token of acceptance & prepare bills. Hidden

measurements, which cannot be recorded after completion shall be recorded before covering up

the work. Minimum ten percent of such measurements will be got checked by Engineer-in-

charge.

• On completion of work, the PMC shall have the responsibility to finalize and certify the bills

for work as per actual execution.

• The PMC should settle the final bill immediately as per EPC bid after completion of Project

after complete rectification of notified defects by Contractor.

• Shall be responsible to verify day to day consumption of cement in the work and shall see that

the cement used in work is as per the theoretical requirement.

• Shall preserve field books and measurement books by completion of project or as advised by

Employer/Engineer- in-charge /Professional Advisor.

• Shall ensure that Contractors have taken requisite “All Risk Insurance Policies” to cover

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

accident / accidental collapse of partially completed work, materials and plant at site and for

third party claims for injury / damages. PMC shall ensure that all such policies remain in force

throughout the execution of project as applicable and as stipulated in Bid.

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

excessive construction loads on floors and shall avoid such other factors, which will endanger

the safety of structure during construction.

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

otherwise and handover to Employer official.

• Shall keep a track of permissions required from local authorities and get revalidated whenever

necessary.

• Shall ensure the safety of personnel working at site/inspecting the site by taking precautions by

putting barricades, night lamps near trenches, pits, open shafts, lift shafts, edge of floors,

terraces and such other places and to insist on compliance of safety code such as use of

helmets, etc, on work site.

• The PMC shall make their own arrangements at no extra cost to the Employer for

instruments/equipments such as total station/theodolites, leveling instruments, prismatic

compass, chain, measuring tapes, plain tables and ranging rods, such other equipments.

• Suggest modification, if any, due to site conditions and advise reasoned justification of cost

variations on account of resultant extra items and excess supported by proper analysis.

• Check and review the test results/certificates of all construction material and or sources of

material and enforce the contractor to undertake additional tests as necessary to assess the

quality of works and shall monitor test reports and frequency of testing as per tender

stipulations and as approved by Professional Advisor.


iNDEXTb. 43

• Monitor the variations and deviations from the original designs, concept and work order and

keep the Employer informed including obtaining prior approvals from the Employer whenever

required.

Quality Control

• Monitor the quality of the work, material testing – its reports & frequency and control the

quality as per specification, relevant codes and as per sound engineering practices.

• Maintain the registers for mandatory tests to be conducted for all materials before incorporation

in work. The guidelines may be taken from the Engineer in charge regarding the registers to be

maintained.

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

• Shall be responsible for obtaining good workmanship with respect to lines, levels and plumb at

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

all elements.

• Shall ensure that work proceeds as per tender conditions and specifications. All material

brought to site shall be of approved quality and make, rejected material is removed from site

and work executed is of high standard, good workmanship and desired quality.

• Evolve and implement a system for the quality assurance of the works. The system of control

of quality of material and completed works shall also include sampling method and acceptance

criteria. The sampling method and the acceptance criteria shall be based on statistical methods

and the recommendations of the relevant IS codes and State R&B specifications.

• To co-ordinate and ensure compliance of action on the reports of Quality monitoring.

Site Co-ordination

• Shall attend periodic site meetings / meetings in Employer office and discuss site conditions

bottlenecks faced likely hindrances, time overruns, cost overruns and any other important

matter along with solutions proposed. PMC will be required to submit periodic reports

concerning quality standard and progress of the project.

• To co-ordinate between the Employer and Contractors in all matters relating to obtaining

approved construction drawings from Professional Advisor.etc.

• To submit preliminary completion report, defect liability completion report, final job

completion report to the Employer.

• The PMC shall in accordance with and as required by the terms of Agreement or agreements

entered or to be entered into between Employer on one part, and the contractor or contractors

on the other part certify after the verification that the work measured and stipulation in the

specifications, drawings and Bill of Quantities prescribed in the contract agreement entered into

with the Contractor (s) are in order. In the matter of approving such bills, the PMC shall

confirm adherence to the rules and instructions issued by Employer and intimate to the

Employer, guarantee and correctness of all such certificates and shall hold themselves

responsible for the correctness of all bills and certificates issued, scrutinized or checked by

them, as to the quality of the work concerned as well as the quantities of various items of

works. Before certifying any bill PMC shall ensure that the work being certified is, in general

in accordance with the designs.

• Shall check periodically the quantities recorded for various items and keep watch on excess /

shortage. PMC shall account for all variations in tender quantities with respect to execution

drawings and submit a report. Shall assess impact of excessive quantities on the cost of project

and wherever felt necessary by Employer, prepare a Running Summary of Cost for perusal of

Employer/Engineer-in-Charge /Professional Advisor. PMC shall obtain approval from

Employer/Engineer-In-charge/Professional Advisor if the additional quantities outside the

scope put to tender are likely to arise prior to giving permission to Contractor to go ahead with

the work.


iNDEXTb. 44

• The PMC will, on submission of Contractor’s bill, verify the measurements at site and

recommend for the bill certification. Verification and Recommendation of bill by PMC shall be

forwarded to the Professional Advisor appointed by iNDEXTb who will further scrutinize the

received bill documents on random basis and then payment certificate shall be recommended

by Professional Advisor. Entire Bill Certification works shall be carried out within stipulated

time limit in EPC bid in accordance with quality of work executed and in compliance with

stipulated specifications.

• Shall co-ordinate with all agencies working at site, liaison with local authorities for proper

permissions / commencement certificate / completion certificate, etc.

• Shall submit detailed physical and financial progress reports once every month or as desired by

Employer/Professional Advisors in standard Performa approved by Employer/Engineer-in-

charge/Professional Advisor

• Detailed fortnightly reports will include physical progress, no. of test carried out along with

their results as well as summary of observations made during the fortnight. It will list the audit

points in respect to various activities & rectification required. It shall also highlight the

weaknesses observed, recommended remedial measures and degree of compliance of the audit

points raised in earlier visits. The consultant shall prepare a separate report on the progress of

work.

• Shall advise Employer with regard to extra claims / disputes / Chief Technical Examiner’s

observations / Arbitration cases between Institute and the Contractors, in any and assist

Employer in case of any dispute till the cases are resolved either by mutual negotiation or

through arbitration or court, as the case may be.

• Shall suggest modifications, if any, due to site conditions and advise reasoned justification of

cost variations on account of resultant extra items and excess supported by proper analysis.

• Shall provide construction supervision to the works assigned.

• Shall scrutinize bills of agencies after recording measurements in MB’s and recommend

payment to agencies by preparing final bills, as per direction of Engineer-in-

Charge/Employer/Professional Advisor.

• Keep a check on the operating staff so as to insure that all the systems are operated to the

satisfactory level.

• Prepare a checklist to monitor satisfactory performance of all the services as defined in Scope.

• Prepare list of shortcomings in day- to- day operation of each system.

• Get the shortcomings rectified through the operating staff.

• Shall get the system functional to the optimal level for maximum energy saving.

• Shall monitor the implementation of any alteration / addition based on the inputs from

Professional Advisor to optimize utilization.

• Shall maintain a record of all the preventive and routine maintenance so as to avoid breakdown

of the system.

• The Engineer shall ensure strict compliance of the Agreement by Contractor concerned with

their respective work.

• Prepare and present monthly progress reports to the Employer/Engineer-in-charge/Professional

Advisor, containing description of project activities.

• Shall assist the Employer/Engineer-in-charge in interpreting the Technical Specifications;

• Shall evolve a system of Quality Assurance of works;

• Shall assist the Employer in administering the Contract Maintenance System;

• Shall approve materials, and ensure that the quality of the works is in accordance with the

contractual specifications;

• Shall assist ‘Employer’ to order the removal of improper/substandard works;

• Shall advise and assist the ‘Employer’ with respect to the arbitration, the appeal of arbitration

or litigation relating to the works, whenever required;

• Obtain integrated as built up drawings, incorporating the details of various works actually

executed.


iNDEXTb. 45

• Obtain guarantee certificate, maintenance manuals from specialist agencies and compile them

in a easily understandable for future reference.

• Prepare a integrated housekeeping, operation and maintenance manual for proper upkeep of the

premises.

• Assist Employer in settlement of the Contractor’s account.

• Assist Employer in settlement of any extra/excess items if any.

5.5. Staffing and Other Inputs:

5.5.1. The Consulting firm will be expected to provide the following personnel for the indicated

duration. The durations given are indicative and subject to variation by agreement between

the Consultant and the iNDEXTb. The PMCs team composition and inputs are shown

below.

5.5.2. Staffing Schedule

Actual requirement of the staff to be employed by the PMC would depend upon the extent of the

work. For example –

Sr.

No.

Designation

Schedule

1. Team Leader – 1 Nos. Team Leader should visit the site at least once in a

week during construction period. He should

inspect the project once in two months during

defect liability period.

2 Project Engineer/Resident Engineer

(Civil, Structural,)

Should be available at all the works regularly

(daily day and night during time when work is in

progress)

During execution.

3 Site Engineer (Electrical, Mechanical,

Expert in Sound Systems, Environment

Engineer, Horticulture)

Should be available at site during execution of

work

4 Site Engineers –Minimum three (Civil) Should be available at site during execution of

work

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

during implementation of the contract as per the agreed staffing schedule. The Employer will not

consider substitutions during contract implementation except under exceptional circumstances

(such as death and/or extreme nature of ailment for which Medical Certificate shall be produced

from Hospital/Nursing Home).

5.6. Facilities:

The Consultant will have to make his own arrangements for office, utilities, accommodation and

transport and should include cost of all these elements in his Financial Offer. It is necessary to set

up site office in Gandhinagar in the vicinity of project site.


iNDEXTb. 46

5.7. Reports: The consultant will prepare and submit the following reports (as given below) to the Employer on

the format prepared by the Consultants and as approved by the Employer /Engineer-in-

charge/Professional Advisor

Sr.

No.

Report Frequency Due Date/Time No. of

Copies

1. Inception Report One time 15 days after commencement of

services.

3

2. Detailed Progress Report

(Monthly) indicating

details as mentioned and

Fortnight Report

indicating details as

mentioned.

Every month /

Every 15 days

once in a

month

Monthly-By 7th

of the following

month.

Fortnightly-by 21st

of every

month.

3

3. Quarterly Report Every Quarter By 10th

of the Quarter

month

3

4. Final Report One time Within 15 days of completion of

services/contract.

3

The Commencement Report shall contain the details of all meetings held with the

Employer/Engineer –in-charge/Professional Advisor and the Contractor and decisions taken

therein, the resources mobilized by the Consultants as well as the contractor and the Consultants’

perception in the management and supervision of the maintenance works. The Report shall also

include the Work Program me and Resource Mobilization for the Project.

The monthly Progress Report shall contain details of all meetings, decisions taken therein,

mobilization of resources (Consultants’ and the Contractor), Detailed compliance report of each

activity, progress and the projected progress for the forthcoming periods. The Report shall clearly

bring out the delays, if any reasons for such delay(s) and the recommendations for corrective

measures.

Final Report

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

The report shall incorporate summary of the method of maintenance supervision performed,

problems encountered and solutions undertaken thereon and recommendations for future projects of

similar nature to be undertaken by the Employer.

5.8. Additional Services:

The PMCs shall, if so required by the iNDEXTb, provide any additional services at man month

rates as per the contract, or mutually agreed upon as a variation order.

5.9. Performance Security:

The Consultant shall be required to submit acceptable Bank Guarantee for an amount equal to 5%

of the accepted consultancy cost towards Performance Security proportionately in the currencies of

payment asked for in the bid proposal within 10 days of signing the Agreement. The validity of the


iNDEXTb. 47

Bank Guarantee(s) shall cover the entire duration of the Consultancy period plus 3 months. The

format of the Bank Guarantee(s) shall be got approved by the consultant from the

Employer/Professional Advisor. The Bank Guarantee(s) shall be released after satisfactory

completion of the assignment:

1. Bank Guarantee, in the name of the Employer from following banks would be accepted :

i. State Bank of India or its subsidiaries

ii. Any Indian Nationalized Bank

iii. IDBI or ICICI / ICICI Bank

iv. A Foreign Bank (issued by a branch outside India) with a counter guarantee from

SBI or its subsidiaries or any Indian Nationalized Bank

v. Any Scheduled Commercial Bank approved by RBI having a net worth of not less

than Rs.500 crores as per the latest Annual Report of the Bank. In the case of a

Foreign Bank (issued by a branch in India), the net worth in respect of the Indian

operations shall only be taken into account.

2. The acceptance of the guarantees shall also be subject to the following conditions :

i. The capital adequacy of the Bank shall not be less than the norms prescribed by RBI

ii. The bank guarantee issued by a Cooperative Bank shall not be accepted

5.10. Penalties:

5.10.1. The iNDEXTb may conduct independent quality monitoring and checking of works

executed by the Consultant. If such checks disclose that works carried out by the Consultant

do not meet the specified requirement, the Employer will not pay the Consultancy fees for

the affected portion.

5.10.2. If the service of a team member provided by the Consultant is not acceptable to the

iNDEXTb, the Consultant shall immediately replace the team member on request of

iNDEXTb. If the Consultant fails to quickly deploy/replace a team member as instructed by

the Employer, the Employer may make temporary arrangement. The temporary

deployment/replacement shall be paid by the iNDEXTb with commensurate reduction in

the person month scope of the PMC Contract.

This will however be a temporary arrangement and if the Consultant fails to deploy the requisite

personnel or replace any member as instructed, the Consultant shall be liable for action for

termination of Contract and or black listing.

5.11. Payment Schedule:

Presently the project completion duration is anticipated for 14 months. In the event of extension

of project duration the PMC consultants are not liable for any additional payments up to 18

months from the date of award of contract (i.e. 30th

September 2013 considering 1st April

2013 to be date of award of contract). All payments shall be made by the Employer to the PMC

in Indian Rupees as per data sheet on monthly basis [for 90% of the fees] within 30 days after

submission and its subsequent approval by the competent authority of iNDEXTb. 10% of the

PMC’s bill shall be held as security deposit (without the obligation of interest) which shall be

released within one month of issuing final completion certificate.


iNDEXTb. 48

5.12. Consultant’s Proposal Submission

The consultant’s submission should be focused to the project requirements as per the TOR details.

The methodology to be submitted should address to the project requirements. All specific issues for

which references have been made in the various paragraphs of this TOR should be addressed

effectively. General nature descriptions should be avoided.


iNDEXTb. 49

6. SECTION-6

CONTRACT AGREEMENT AND GENERAL CONDITIONS OF

CONTRACT

6.1. AGREEMENT Agreement between Industrial Extension Bureau And

………………………………………………………………………………………………………

……………………………………………………………………… for MAHATMA MANDIR

CONVENTION CENTER. This agreement entered into at

……………………………………………………. On

……………………………………………………. between Industrial Extension Bureau., a

Government of Gujarat Organization registered under the Societies Act 1956 having its registered

Office at Block NO:18, 2nd

Floor, Udyog Bhavan, GH-4, Sector 11, Gandhinagar- 382010.

Hereinafter called the “iNDEXTb” (which expression shall, unless repugnant to the context,

include its legal representative, successors and assigns), of the one part.

AND

………………………………………………………………., a firm (which term shall include its

executors, administrators, administrator, successors, legal representatives and assigns) having its

office:

…………………………………………………………………………………………………..

………………………………………………………………………………………………………

………………………………………………………………………………………………………

…………………………………………………………………………

WHEREAS --------------------------- intends to develop the project: Mahatma Mandir Convention

Center, Phase 1 B Works at Gandhinagar in the state of Gujarat and hire professional Services of

………………………………………………….. for the said project.

AND WHEREAS …………………………………………………….. has offered and willing to

render its professional services as Project Management Consultant hereinafter referred to as

“PMC” for the said project.

NOW THIS PRESENTS WITNESS, it is hereby agreed by and between the parties here to as

follows:

The Nodal Agency/Employer hereby appoint and engage the services

of………………………………. as PMC in connection with project monitoring and project

management consultancy services for execution of the said project, the cost of which is

approximately ………………lac funded by Government of Gujarat, for stipulated scope of

services as mentioned etc. The PMC having represented to the Employer that they have the

required professional skills ,personnel, and technical resources, have agreed to provide the services

on the terms and conditions set forth in the Contract. The PMC hereby accepts the said

appointment as PMC - on the terms and conditions set out in this agreement as well as Letter on

intent No. ………………………… as part and parcel of this agreement.


iNDEXTb. 50

1. NOW IT IS AGREED BETWEEN THE PARTIES AS UNDER: 1. The PMC is required to provide services in respect of monitoring, supervision,

implementation, execution of work as being correctly interpreted the approved design of

EPC Contractor for the following activities in consultation with Professional

Advisor/Engineer –in-charge:

1.1 Survey works, Civil, Structural works &Architectural works

1.2 External development and landscaping

1.3 Electrical, Mechanical and HVAC Installation works .

1.4 Building automation system

1.5 Security system

1.6 Safety operations like Fire Fightining Systems development.

1.7 Audio-visual and Acoustics works Telecommunication system.

1.8 Plumbing Services

1.9 Environment Aspects and Green Building requirements & Compliance

1.10 Interior works ,Ambience and Furniture works

1.11 Material testing and all related installations.

2. Any work/s related to completion of the project as assigned by INDEXTb or by its

Authorized representation as and when required.

The works mentioned in terms of reference are part of scope of work. All reports to

be furnished accordingly. The PMC shall carry out the services with the provisions of

the contract.

2. PAYMENT OF PROFFESSIONAL FEES AND MODE OF PAYMENT :

The Employer will make payments to the PMC in accordance with the provisions of the Contract.

The fee is also inclusive of to & for transportation to visit site, boarding and lodging and

recruitment of technical Staffs / Engineers and other incidental expenses. Payment made by.,

iNDEXTb for all the services mentioned above are part of comprehensive services which are

planned to take up and no other claim whatsoever shall lie against Employer in respect of services

herein agreed. Any other applicable Govt taxes/levies as and when imposed shall be born by PMC

except service tax as per Govt. rule.

3. OVERALL GENERAL TERMS

1. The PMC shall work and represent iNDEXTb and get necessary permission, interact all

concerned authorities on behalf of iNDEXTb.

2. PMC will declare the name of the team which will be on site with their address , telephone no.,

qualification, experience, etc. The site in charge should be conversant with English in writing

and speaking.

3. PMC will prepare documentation in form of Video, Photographs, survey etc. before

execution/during the execution/ post execution and submit a copy to iNDEXTb from time to

time.

4. PMC will be required to attend personally all meetings called either by Government or

iNDEXTb.

5. The PMC shall be responsible for the direction and integration-of the Professional Advisor &

Contractors work. The PMC, shall be fully responsible for the implementation of the detailed

design, day to day inspection and evaluation of the work entrusted work. The PMC shall not

make any deviations, alterations or omissions from the approved drawings, involving financial

implications without prior consent of the iNDEXTb. The PMC shall supervise and get the work

implemented for structural soundness of the works by the Contractor.


iNDEXTb. 51

6. PMC shall, regularly, check the’ progress of the work and shall submit the progress report to

the iNDEXTb, mentioning there in the progress of the work, quality of the work, etc. PMC may

also point out in the report as to whether the Contractor has carried out the work, as per design

and specification and materials of approved quality and quantity or not.

7. PMC shall not assign, sub-let or transfer their interest in this agreement

8. Drawing, plans and specification are the property and ownership of the iNDEXTb,

irrespective of whether the work has been executed or not.

9. This project is to be completed within a period of 12 months, with effect from 15/02/2012

including monsoon period.

4. CLEARANCE OF BILLS :

The iNDEXTb will endeavor to clear all the bills of PMC within Thirty (30) days from the date of

receipt of the bills/compliances necessary for clearances whichever is applicable/later. PMC will

comply with the queries / objections if any.

5. COMMISSION AND OMMISSION OF THE PROJECT : The iNDEXTb reserves the right to make changes in the project including revision in the total

value of the project.

In case of the discontinuation of the project, the payment would be made to PMC according to the

services rendered.

6. DISPUTES AND ARBITRATION : Where any difference or dispute arises out of these conditions of agreement or as to interpretation

of any terms of this agreement including scale of professional fees and charges, the parties shall

first Endeavour to co-operate to resolve the dispute or controversy by mutually determined

otherwise such difference or dispute shall be referred to the sole arbitrator as provided in

Arbitration and Conciliation Act, 1996 as mentioned in contract.

7. SERVISABILITY: If any terms, clause or provision of this agreement shall be judged, to be invalid for any reason

whatsoever, such invalidity shall not affect the validity or operation of any other term, clauses or

provisions of this agreement and such invalid terms, clause or provision shall be deemed to have

been deleted from this agreement and a valid term, clause or provision be substituted with

retrospective effect, if necessary.

8. ENTIRE AGREEMENT:

This agreement together with the details of schedules, annexure/appendix, exhibits and conditions

executed by the parties hereto constitute the entire agreement between the parties with respect to

the subject matter.

No forbearance, indulgence or relaxations by any party at any time to require performance of any

provision of this agreement shall' in any way affect, diminish or prejudice the right of such party to

require performance of the provision and any waiver by any party shall not be construed as a

waiver or an amendment of the provisions itself, or a waiver of any right under or arising out of

this agreement.

9. NON EXCLUSIVE : The business or services PMC shall not affect the services agreed to be offered to the

iNDEXTb and PMC shall not offer the same services of the project to any other party.

10. NON-SOLICITATION :-

Neither party shall directly or indirectly, offer employment or take on employment to the

employees of the other party, who were involved in the works under this agreement, either during

the subsistence of this agreement or after the termination of the agreement for a period of one year


iNDEXTb. 52

thereafter.

11. COMMUNICATIONS :

All notices, requests, demands and other communications under this agreement or in

connection therewith shall be given to or made upon the respective parties as follows:

To, PMC ………………………….

……………………….

To, The iNDEXTb: Managing Director

Industrial Extension Bureau

2nd

Floor, Block No. :- 18,

Udhyog Bhavan, GH-4, Sector-11,

Gandhmagar-382010.GUJARAT-INDIA.

Or to such other person or address as any of the parties shall have notified to the others.

All notices, request, demands and other communications given or made in accordance with the

provisions of this agreement shall be in writing.

12. TERMINITATIQN OF CONTRACT :

If at any time, any party commits breach of any term of this agreement, other party shall be entitled

to terminate this agreement by giving one month of notice to other party to that effect and on

expiration of the notice period, this agreement shall be deemed to have been terminated.

MANAGING DIRECTOR AUTHORISED SIGNATORY

INDEXTb FOR AND ON BEHALF OF

M/S-----------------------------

WITNESS

1.SIGNATURE/NAME/ADDRESS

WITNESS

2.SIGNATURE/NAME/ADDRESS


iNDEXTb. 53

6.2. SPECIAL CONDITIONS OF THE CONTRACT

6.2.1. GENERAL PROVISIONS

6.2.1.1.Definitions

Unless the context otherwise requires, the following terms wherever used in this Contract have

following meanings:

a) "Applicable Law" means the laws and any other instruments having the force of law in

India as they may be issued and in force from time to time.

b) "Employer" means the Industrial Extension Bureau-iNDEXTb.

c) "Consultants" means____________________________ (Name of the consultant)

d) "Contract" means the Contract signed by the Parties, together with all

documents/Appendices attached hereto and includes all modifications made in terms of the

provisions of Clause 2.6 and 2.10 hereof,

e) "Operator" means any person or entity who are employed by the Employer for

Project Management Consultancy for Execution of work for EPC PROJECT ON

CONSTRUCTION OF MAHATMA MANDIR CONVENTION CENTER-PHASE 1

B WORKS

f) "Effective Date" means the date on which the Contract comes into force and effect

pursuant to Clause 2.1 hereof ;

g) "Government" means the Government of India /Gujarat

h) "Local Currency" means the Indian Rupees

i) "Personnel" means persons hired by the Consultants as employees and assigned to the

performance of the Services or any part thereof.

j) "Party" means the Employer or the Consultants, as the case may be, and "Parties" means

both of them.

k) "Services" means the work to be performed by the Consultants pursuant to this Contract

for the purpose of operations & maintenance work and stipulated scope of works.

l) "Starting Date" means the date referred to in Clause 2.3 hereof;

m)“Professional Advisor” shall mean the agency appointed by the Govt. of

Gujarat/Employer or its body to assist in preparing conceptual layout, tender site

preparation, evaluation of the agency, approval of all drawings and design. Inspection and

assist in contractual matters related to appointing the Contractor for said project and assist

in any other contractual matters arising during ongoing works as directed by the Employer.

n)“Engineer-in-Charge” shall mean person / official employed by Employer and shall

obtain the specific approval of the Employer in respect to the following:

a. Approving subletting of the work

b. Granting claims to the contractor/ Bill certification

c. Ordering suspension of the work

d. Determining extension of time

e. Waiving off the penalty and arranging the repayment of compensation for delay

f. Issuing of Variation order

g. Ordering any work/test beyond the scope of the contract

h. Determining rates for the extra items/extra work

i. Any variations in the contract condition

j. Approval to designs and working drawings


iNDEXTb. 54

k. Day to day supervises the work and test and examines any materials to be used or

workmanship employed in connections with the works.

6.2.1.2. Relations between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of

agent and principal as between the Employer and the Consultants. The Consultants, subject to this

Contract, have complete charge of Personnel performing the Services and shall be fully responsible

for the services performed by them or on their behalf hereunder

6.2.1.3.Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be

governed by the Applicable Laws of the Government of India and State Government.

6.2.1.4. Language This Contract has been executed in English Language, which shall be the binding and controlling

language for all matters relating to the meaning of interpretation of this Contract.

6.2.1.5. Headings The headings shall not limit, alter or affect the meaning of this Contract.

6.2.1.6.Notices 6.2.1.6.1. Any notice, request or consent required or permitted to be given or made pursuant to this

Contract shall be in writing. Any such notice, request or consent shall be deemed to have been

given or made when delivered in person to an authorized representative of the Party to whom the

communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such

Party at the addresses specified as under:

For the Employer :

Attention: THE MANAGING DIRECTOR

INDUSTRIAL EXTENSION BUREAU

Block No. 18, 2nd

floor, Udyog Bhavan

Sector-11, Gandhinagar-382010.

For the Consultants:

Attention: _____________________(Name of Authorised Representative)

Address: _______________________

______________________

Name and address of the consulting firm.

Fax:

Telephone:

6.2.1.6.2. Notice will be deemed to be effective as follows:


iNDEXTb. 55

a) In the case of personal delivery or registered mail, on delivery;

b) In the case of telexes, (24) hours following confirmed transmission;

c) In the case of telegrams, (24) hours following confirmed transmission; and

d) In the case of facsimiles, (24) hours following confirmed transmission

6.2.1.7.Location

The services shall be performed at such locations as are specified in TOR hereto and as the

Employer may approve.

6.2.1.8.Authorized Representatives

Any action required or permitted to be taken and any document required or permitted to be

executed under the Contract by the Employer or the Consultants be taken or executed by the

officials as under :

For the Employer : Managing Director or his designated representative

For the Consultants : Authorised Representative or his designated representative

6.2.1.9.Taxes and Duties

6.2.1.9.1. The consultant and the personnel shall pay the taxes and other impositions levied under

the existing amendment or enacted laws during life of this contract and the Employer shall perform

such duties in regard to the deduction of such taxes as may be lawfully imposed.

6.2.2. COMMENCEMENT, COMPLETION, MODIFICATION AND

TERMINATION OF CONTRACT

6.2.2.1.Effectiveness of Contract

This Contract shall come into force and effect on the date (The "Effective Date") of the Employer's

notice to this effect to the Consultants.

6.2.2.2.Termination of Contract for Failure to Become Effective

If this Contract has not become effective within Two (2) months of the date hereof, either Party

may, by not less than two (2) weeks written notice to other Party, declare this Contract to be null

and void, and in the event of such a declaration by either Party, neither Party shall have any claim

against the other Party with respect hereto.

6.2.2.3.Commencement of Services

The Consultants shall commence the Services not later than on a date (Starting Date) three (3) days

after the signing of the Agreement.

6.2.2.4.Expiration of Contract

Unless terminated earlier pursuant to Clause SC 6.2.2.9 & GC 12 of G.C. hereof, the Contract shall

expire when pursuant to the provisions hereof, the services have been completed and payments of

remuneration and reimbursable expenditure have been made.


iNDEXTb. 56

6.2.2.5.Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or

representative of either Party has authority to make, and the Parties shall not be bound by or be

liable for, any statement, representation, promise or agreement not set forth herein.

6.2.2.6.Modifications

Modifications of the terms and conditions of this Contract, including any modification of the scope

of the services, may only be made by written agreement between the Parties. Pursuant to 2.5 (iii) &

form Tech-2A & SC 6.2.7.2 hereof, however, each Party shall give due consideration to any

proposals for modifications made by the other Party.

6.2.2.7. Force Majeure

Force Majeure shall mean in respect of any Party an event beyond the reasonable control of such

Party which prevents or delays such Party from performing its obligations under this Agreement

(except for the obligation to pay money) or which materially increases its costs of performing those

obligations. Examples include, to the extent they otherwise meet the foregoing definition, the

following: war, hostilities, civil disturbances, any kind of local or national emergency, riot, fire,

flood, hurricane, storm, earthquake, concealed or subterranean conditions at the Site that could not

be discovered by a reasonable inspection of the Site, power failure or power surge, epidemic,

explosion, sabotage, act of God, acts or failures to act by Governmental Authorities (including

failure to issue, delays in issuing beyond the period provided by law (or if no such period is

provided, beyond the customary period), or revocation of Governmental Authorizations, except to

the extent any such failure, delay or revocation is due to the negligence or willful misconduct of

Consultant or its Affiliates), failure of the Expert consultants or Key personnel to perform or

deliver on a timely basis, to the extent such failure is due to a force majeure condition affecting the

Consultant, strike, slowdown or other lab our unrest (other than a localized strike against an

individual employer), delay of carriers, failure of the usual modes of transportation, embargo,

change in any applicable Law from that in effect on the date hereof, any condition at the Site that

requires remediation under any applicable Law related to the environment, or expropriation or

confiscation of facilities.

Force Majeure shall not include breach of contract by Expert Consultants.

The rights and obligations of the Affected Party shall be suspended to the extent they are affected

by the Force Majeure. EMPLOYER shall not be liable to make any payments to the Agency for it

being affected on account of Force Majeure.

EMPLOYER reserves the right to terminate the contract if the Force Majeure continues for more

than 15 (Fifteen) days at a stretch.

6.2.2.8.Suspension

The Employer may, by written notice of suspension to the Consultants, suspend all payments to the

Consultants hereunder if the Consultants fail to perform any of their obligations under this

Contract, including the carrying out of the Services, provided that such notice of suspension (i)

shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure

within a period not exceeding fifteen (15) days after receipt by the Consultants of such notice of

suspension.


iNDEXTb. 57

6.2.2.9.Termination

6.2.2.9.1. By the Employer

The Employer may, by not less than fifteen (15) days written notice of termination to the

Consultants (except in the event listed in paragraph (f) below, for which there shall be written

notice of not less than thirty (30) days), such notice to be given after the occurrence of any of the

event specified in paragraphs (a) through (g) of this Clause 2.9.1, terminate this Contract.

a) If the Consultants fail to remedy a failure in the performance of their obligations hereunder, as

specified in a notice of suspension pursuant to Clause 6.2.2.7, hereinabove, within fifteen (15) days

of receipt of such notice of suspension or within such further period as the Employer may have

subsequently approved in writing;

b) If the Consultants or if any of their members become insolvent or bankrupt or enter into any

agreement with their creditors for relief or debt or take advantage of any law for the benefit of

debtors or go into liquidation or receivership whether compulsory or voluntary;

c) If the Consultants fail to comply with any final decision reached as a result of arbitration

proceedings pursuant to Clause 6.2.8 hereof;

d) If the Consultants submit to the Employer, a statement which has a material effect on the rights,

obligations or interests of the Employer and representation or statement, made/submitted by the

Consultants of any part thereof is found to be false;

e) If, as a result of Force Majeure, the Consultants are unable to perform a material portion of the

services for a period of not less than thirty (30) days;

f) If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate this

Contract;

g) If the Consultants, in the judgement of the Employer has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

For the purpose of this Clause :

Corrupt practice means the offering, giving, receiving or soliciting of anything of value to

influence the action of a public official in the selection process or in contract execution.

"Fraudulent practice" means a misrepresentation of facts in order to influence a selection process or

the execution of a contract to the detriment of the Employer, and includes collusive practice among

Consultants (prior to or after submission of proposals) designed to establish prices at artificial non-

competitive levels and to deprive the Borrower of the benefits of free and open completion.

6.2.2.9.2. By the Consultants

Consultants may, by not less than thirty (30) days written notice of termination to the

Employer (except in the event listed in the paragraph (e) below for which there shall be written

notice of not less

than thirty (30) days), such notice to be given after the occurrence of any of the events specified in

paragraphs (a) through (e) of this Clause 2.9.2 terminate this Contract:

a) If the Employer fails to pay any money due to Consultants pursuant to this Contract and not

subject to dispute pursuant to Clause 6.2.8 of Govt of contract hereof within thirty (30) days after

receiving written notice from the Consultants that such payment is overdue;

b) If the Employer is in material breach of its obligations pursuant to this Contract and has not

remedied the same within forty five (45) days (or such longer period as the Consultants may have


iNDEXTb. 58

subsequently approved in writing) following the receipt by the Employer of the Consultants notice

specifying such breach;

c) If as a result of Force Majeure, the Consultants are unable to perform a material portion of the

services for a period of not less than thirty (30) days; or

d) If the Employer fails to comply with any final decision reached as a result of arbitration pursuant

to Clause 6.2.8 hereof

e) If the Consultants, in its sole discretion and for any reason whatsoever decides to terminate the

Contract.

6.2.2.9.3. Cessation of Rights and Obligations

Upon termination of this Contract, pursuant to Clauses 6.2.2.2 or 6.2.2.9 hereof, or upon expiration

of this Contract pursuant to Clause 6.2.2.4 hereof, all rights and obligations of the Parties

hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of

termination or expiration (ii) the obligation of confidentiality set forth in Clause 3.3 hereof, (iii) the

Consultants' obligations to permit inspection, copying and auditing of their accounts and records

set forth in Clause 3.6 (ii) hereof, (iv) the Consultants' obligations regarding default in performance

of the service in accordance with the provisions of the Contract and for any loss suffered by the

Employer, whereof, as a result of such default, and (v) any right which a Party may have under the

Applicable Law.

6.2.2.9.4. Cessation of Services 47

Upon termination of this Contract, by notice of either Party to the other, pursuant to Clauses 6.2.9.1

or 6.2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take

all necessary steps to bring the services to a close in a prompt and orderly manner and shall make

every reasonable effort to keep expenditures for this purpose to a minimum. With respect to

documents prepared by the Consultants and equipment and materials furnished by the Employer,

the Consultants shall proceed as provided, respectively by Clauses 3.9 hereof.

6.2.2.9.5. Payment under Termination

Upon termination of this Contract pursuant to Clauses 6.2.9.1 or 6.2.9.2 hereof, the Employer shall

make the following payments to the Consultants (after offsetting against these payments any

amount that may be due from the Consultants to the Employer):

i. Remuneration pursuant to Clause 6.2.6 hereof for Services satisfactorily performed prior to the

effective date of termination:

ii. Reimbursable expenditures pursuant to Clause 6.2.3.5 hereof for expenditure actually incurred

prior to the effective date of termination; and

iii. Except in the case of termination pursuant to paragraphs (a) through (d) of Clause 6.2.9.1

hereof, reimbursement of any reasonable cost incidental to the prompt and orderly termination of

the Contract including the cost of the return travel of the Consultants personnel and their eligible

dependents.

6.2.2.9.6. Disputes about Events of Termination

If either Party whether an event specified in Clause 6.2.9.1 or in Clause 6.2.9.2 hereof has

occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the

other Party, refer the matter to arbitration, pursuant to Clause 6.2.8 hereof, and this Contract, shall


iNDEXTb. 59

not be terminated on account of such event except in accordance with the terms of any resulting

arbitral award.

6.2.3. OBLIGATIONS OF THE CONSULTANT

6.2.3.1. General

6.2.3.1.1. Standard of Performance

The Consultants shall perform the Services and carry out their obligations hereunder with all due

diligence, efficiency and economy, in accordance with generally accepted professional techniques

and practices, and shall observe sound management practices, and employ appropriate advanced

technology and safe and effective equipment, machinery, materials and methods. The Consultants

shall always act, in respect of any matter relating to this Contract, or to the Services, as faithful

advisers to

the Employer, and shall at all times support and safeguard the Employer's legitimate interests in

any dealing with Engineer-in-charge and Professional Advisor.

6.2.3.1.2. Law Governing Services

The Consultants shall perform the Services in accordance with the Applicable Law and shall take

all practicable steps to ensure that any of the Personnel and agents of the Consultants, comply with

the Applicable Law.

6.2.3.2. Conflict of Interests

6.2.3.2.1. Consultants not to benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause 6.2.3.5 hereof shall constitute the

Consultants' sole remuneration in connection with the contract or the services, and subject to

Clause 6.3.2.2 hereof, the Consultants shall not accept for their own benefit any trade commission,

discount or similar payment in connection with activities pursuant to this Contract or to the

Services or in the Discharge of their obligations hereunder, and the Consultants shall use their best

efforts to ensure that any of the Personnel and agents of either of them, similarly shall not receive

any such additional remuneration.

6.2.3.2.2. Procurement

If the Consultants, as part of the Services, have the responsibility of advising the Employer, on the

procurement of goods, works or services, the Consultants shall comply with any applicable

procurement guidelines of the Employer and shall at all times exercise such responsibility in the

best interest of the Employer.

6.2.3.2.3. Consultants and Affiliates not to engage in certain activities.

The Consultants agree that during the term of this Contract and after its termination, the

Consultants and any entity affiliated with the Consultants, shall be disqualified from providing


iNDEXTb. 60

goods, works or services (other than the Services and any continuation thereof) for the project to

the Services.

6.2.3.2.4. Prohibition of Conflicting Activities

Neither the Consultants nor their Sub-Consultants/Experts nor the personnel of either of them shall

engage, either directly or indirectly, during the term of this Contract, in any business or

professional activities in India which would conflict with the activities assigned to them under this

Contract.

6.2.3.3. Confidentiality

The Consultants, their Sub-Consultants/Experts and the Personnel of either of them shall not, either

during the term or within two (2) years after the expiration of this Contract, disclose any

proprietary or confidential information relating to the Project, the Services, this Contract or the

Employer's business or operations without the prior written consent of the Employer.

6.2.3.4. Liability of the Consultants

Subject to additional provisions, as under, the Consultants liability under this Contract shall be as

provided by the Applicable law.

a) Except in case of gross negligence or willful misconduct on the part of the Consultants or on the

part of any person or firm acting on behalf of the Consultants in carrying out the services, the

Consultants, with respect to damage caused by the Consultants to the Employer's property, shall

not be liable to the Employer:

i. For any indirect or consequential loss or damage; and

ii. For any direct loss or damage that exceeds (A) total payments for Professional Fees and

Reimbursable Expenditures made or expected to be made to the Consultants hereunder or (B) the

proceeds, the Consultants may be entitled to receive from any insurance maintained by the

Consultants to cover such a liability, whichever of (A) or (B) is higher.

b) This limitation of liability shall not affect the Consultants liability, if any for damage to

Engineer –in-charge and Professional Advisor caused by the Consultants or any person or firm

acting on behalf of the Consultants in carrying out the Services.

6.2.3.5. Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and records of the Services

hereunder, in accordance with internationally accepted accounting principles and in such form and

detail as will clearly identify all relevant time charges and cost, and the basis thereof (ii) shall

permit the Employer or its designated representative periodically and up to one year from the

expiration or termination of this Contract, to inspect the same and make copies thereof as well as to

have them audited by auditors appointed by the Employer.

6.2.3.6. Consultants' Actions requiring Employer's prior Approval

The Consultants shall obtain the Employer's prior approval in writing before taking any of the

following actions:

a) Deployment of personnel as listed .


iNDEXTb. 61

b) Appointing such number of Personnel as are not listed herewith. ("Consultants, Sub-

Consultants"/Experts and "Consultants Key Personnel");

c) Substitution of any personnel if required on grounds beyond reasonable Control of the

Consultants;

d) Purchase of equipment required for performing the services.

6.2.3.7. Reporting Obligations

The Consultants shall submit to the Employer reports and documents specified herewith hereto in

the form and the numbers and within the time period set forth in the stipulated details.

6.2.3.8. Documents prepared by the Consultants to be the Property of the

Employer

All data /details related to plans, drawings, specifications, designs, reports and other documents

prepared/reviewed by the Consultants in performing the Services shall become and remain the

property of the Employer, and the Consultants shall, not later than upon termination or expiration

of this Contract, deliver all such documents to the Employer, together with a detailed inventory

thereof. The Consultants may retain a copy of such documents but shall not use these documents

for purposes unrelated to this Contract without the prior written approval of the Employer.

6.2.3.9. Equipment and Materials to be retained by PMC.

i. Telephone for official use with STD facility.

ii. Office with tables, chairs, storage cabinets etc.

iii. Computer, Printer, Fax, Photocopier .

6.2.4. CONSULTANTS' PERSONNEL

6.2.4.1. General

The Consultants shall employ and provide such qualified and experienced Personnel as are

required to carry out the Services.

6.2.4.2. Description of Personnel

a) The list of Consultants key personnel and their estimated periods of engagement have been

described herewith..

b) If additional work is required beyond the scope of the Services specified in TOR the estimated

periods of engagement of Key Personnel set forth in may be increased by agreement in writing

between the Employer and the Consultants.

6.2.4.3. Approval of Personnel

The Key Personnel listed by title as by name in Datasheets are hereby approved by the Employer.

In respect of other personnel whom the Consultants propose to use in carrying out of the Services,

the Consultants shall submit to the Employer for review and approval of a copy of their

biographical data. If the Employer does not object in writing (stating the reasons for the objection)


iNDEXTb. 62

within thirty (30) calendar days from the date of receipt of such biographical data and (if

applicable) such Personnel shall be deemed to have been approved by the Employer. The removal

and/or replacement of personnel is covered under Clause 6.2.4.5 hereof.

6.2.4.4. Working Hours, Overtime, Leave etc.

a) Working hours and holidays for the Consultants' Personnel shall match with that of the

Employer/ EPC Contractor/Professional Advisor/Engineer-in-charge. In case of any emergency,

the Consultants' Personnel will have to work on Saturdays, Sundays or any other holidays and

these leaves shall not be compensated by Employer by any means.

b) The Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation

leave. The Consultant's remuneration shall be deemed to cover these items. Any taking of leave by

personnel shall be subject to the prior approval by the Employer and the Consultant shall ensure

that absence for leave purposes will not delay the progress and adequate supervision of the

Services.

c) The man months shown against each personnel shall be exclusive of leave period. The period for

which the Consultant’s personnel will be on annual leave or on sick leave shall not be charged on

the bill. The work of the personnel of the Consultants will have to be adjusted within the regulatory

working hours, without any overtime according to the requirement at site.

d) The PMC consultant shall have to match the duly working hours of their personal to EPC’s

contractor working on site for which no extra payment shall be eligible.

6.2.4.5.Removal and/or Replacement of Personnel

a) No changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control

of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants shall

forthwith provide as a replacement a person of equivalent or better qualifications and experience

acceptable to the Employer. Such replaced person shall be inducted only after approval by the

Employer.

b) If the Employer (i) finds that any of the Personnel has committed serious misconduct or has

been charged with having committed a criminal action, or (ii) has reasonable cause to be

dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the

Employer's written request specifying the grounds therefore, forthwith provide as a replacement a

person with qualifications and experience acceptable to the Employer. Such person shall be

inducted only after approval by the Employer.

c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of

remuneration applicable to such person as well as any reimbursable expenditures (including

expenditures due to the number of eligible dependents) the Consultants may wish to claim as a

result of such replacement, shall be subject to the prior written approval by the Employer. Except

as the Employer may otherwise agree, (i) the Consultants shall bear all additional travel and other

costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be

paid for any of the Personnel provided as a replacement shall not exceed the remuneration which

would have been payable to the Personnel replaced.


iNDEXTb. 63

6.2.5. OBLIGATIONS OF THE EMPLOYER

6.2.5.1. Assistance and Exemptions

Unless otherwise specified, the Employer shall use its best efforts to ensure that the Government

shall:

a) Provide the Consultants, and Personnel with work permits and such other documents as shall be

necessary to enable the Consultants, or Personnel to perform the Services;

b) assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly

with all necessary entry and exit visas, residence permits, exchange permits and any other

documents required for their stay in Government’s country;

c) Advise on clearance through customs of any property required for the Services and of the

personal effects of the Personnel and their eligible dependents;

d) issue to officials, agents and representatives of the Government all such instructions as may be

necessary or appropriate for the prompt and effective implementation of the Services;

e) assist the Consultants and the Personnel employed by the Consultants for the Services from any

requirement to register or obtain any permit to practice their profession or to establish themselves

either individually or as a corporate entity according to the Applicable Law;

f) grant to the Consultants, and the Personnel of either of them the privilege, pursuant to the

Applicable Law, of bringing into Government’s country reasonable amounts of foreign currency

for the purposes of the Services or for the personal use of the Personnel and their dependents and

of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the

Services; and

g) provide to the Consultants and Personnel any such other assistance as may be specified in the

contract.

6.2.5.2. Access to Land and building

The Employer warrants that the Consultants shall have free and unimpeded access to all portions of

the land and building in respect of which access is required for the performance of the Services and

shall indemnify the Consultants and each their personnel in respect of liability for such damage

which is caused by the default or negligence of the Consultants or the Personnel of either of them.

6.2.5.3.Change in the Applicable Law

If after the date of signing of agreement there is any change in the Applicable Law with respect to

taxes and duties which increases or decreases the cost of reimbursable expenses incurred by the

Consultants in performing the Services, then the remuneration and reimbursable expenses

otherwise payable to the Consultants under this Contract shall not be increased or decreased

accordingly for stipulated duration of the Project.

6.2.5.4.Facilities to be provided by the Employer


iNDEXTb. 64

The Employer shall nominate an authorized representative to liaise with the Consultants on all

matters connected with this agreement. In turn, the Resident/Project engineer of the Consultants for

the work shall act as the Liaison Officer for the Consultants to liaise with the representative of the

Employer.

6.2.5.5. Payment

In consideration of the Services performed by the Consultants under this Contract the Employer

shall make to the Consultants such payments and in such manner as is provided in Clause 6 of the

Contract.

6.2.6. PAYMENTS TO THE CONSULTANTS

6.2.6.1.Payments to the Consultants

All payments shall be made by the Employer to the Consultants in Indian Rupees as per data sheet

and TOR ON MONTHLY BASIS within 30 days after submission and its subsequent

approval by the competent authority of iNDEXTb for 90% of project fees. Remaining 10%

fees shall be paid on issue of completion certificate.

6.2.6.2. Currency of Payment:

All payments shall be made in Indian Rupees.

6.2.6.3. Duties and Taxes:

The consultants, Sub-consultants /Experts and the Personnel shall pay the taxes, duties, fees, levies

and other impositions levied under the existing, amended or in acted laws during life of this

contract and the Employer shall perform such duties in regard to the deduction of such taxes as

may be lawfully imposed.

6.2.7. FAIRNESS AND GOOD FAITH

6.2.7.1. Good Faith

The Parties undertake to act in good faith in respect to each other's rights under this Contract and to

adopt all reasonable measures to ensure the realization of the objectives of this Contract.

6.2.7.2. Operation of the Contract:

The Parties recognise that it is impractical in this Contract to provide for every contingency which

may arise during the life of the Contract and the Parties hereby agree that it is their intention that

this contract shall operate fairly as between them and without detriment to the intere st of either of

them and that if during the term of this Contract either Party believes that this Contract is operating

unfairly, the Parties will use their best efforts to agree on such action as may be necessary to

remove the cause or causes of such unfairness but on failure to agree on any action pursuant to this

Clause shall have the right of dispute subject to arbitration in accordance with Clause 6.2.8 thereof.


iNDEXTb. 65

6.2.8. SETTLEMENT OF DISPUTES

6.2.8.1. Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection

with this Contract or the interpretation thereof.

6.2.8.2.Right to Arbitration and Rules of Procedure

.

6.2.8.2.1. Mutual Discussions

If any dispute or difference of any kind whatsoever (a "Dispute") arises between the Parties in

connection with, or arising out of, this Agreement, the Parties within 30 days shall attempt to settle

such Dispute in the first instance by mutual discussions between Employer and Contractor.

6.2.8.2.2. Further Procedures

If the Dispute cannot be settled within 7 days by mutual discussions, then the Dispute shall be

finally settled under the provisions of this Section 8.2.2 or Section 8.2.3. If the Parties fail to

resolve any dispute through discussions within 15 Business Days, either Party shall have the right

to provide written notice of the Dispute to the President or Chairman of the Committee of the other

Party. Upon a timely referral, the Senior Management of the Parties shall consider the Dispute,

review such relevant information as they may determine and issue their decision (which decision

shall be confirmed in writing) within 5 Business Days after receiving the referral. If the Senior

Management of the Parties cannot resolve the issue within the five Business Day period, then the

Parties shall have the rights set forth below in Contract Clauses.

6.2.8.2.3. Arbitration

Subject as hereinafter provided, any Dispute arising out of or in connection with, this Contract and

not settled by Section 8.2.1 or Section 8.2.2 above may (regardless of the nature of the Dispute) be

submitted by either Party to arbitration and finally settled in accordance with Indian Arbitration

and Conciliation Act, 1996 or any statutory amendment thereof.

Arbitration proceedings shall be held at Ahmedabad and the language of the arbitration

proceedings and that of all documents and communications between the parties shall be English.

The decision of the majority of arbitrators shall be final and binding upon both parties. The

expenses of the arbitrators as determined by the arbitrators shall be shared equally by the Employer

and the Contractor. However, the expenses incurred by each party in connection with the

preparation, presentation, etc., of its case prior to, during and after the arbitration proceedings shall

be borne by each party itself

6.2.8.2.4. Continued Performance


iNDEXTb. 66

During the conduct of dispute resolution procedures pursuant to this Clause 8.2, (a) the Parties

shall continue to perform their respective obligations under this Agreement, and (b) no Party shall

exercise any other remedies hereunder arising by virtue of the matters in dispute.

Annexure - I

Broad Qualification Requirements Of Key Personnel -Majorly


iNDEXTb. 67

1. Team Leader -1 No.

i) Educational Qualification

Minimum MBA/M.E. Preferably with Graduate in Civil

Engineering

ii) Experience

a) Total Experience: 20 years Min. 20 yrs Experience in Similar Nature of projects.

b) Essential Work experience related to similar nature

iii) Age limit Not more than 50 years on the date of submission.

2. Resident Engineer (Civil, Structural)*

– 2 No.


a) Minimum B.E. Civil with relevant field experience.

At least one Resident Civil Engineer should have Master’s

degree in relevant field

ii) Experience

a) Total Experience : 15 years Min.15 years experience in construction work of similar

nature, experience in handling of construction and

maintenance of civil /structural works,


3. Site Engineer (Electrical, Mechanical, HVAC, Safety, Sound Expert, Environment)*

–

1 No each category


a) Minimum Degree in relevant field of Engineering

ii) Experience

a) Total Experience : Min. 10 years for Construction of similar work is

desirable.

iii) Age limit Not more than 40years on the date of submission.

4. Site Engineer (Civil)*

– 3 No.


a) Minimum Preferably Degree in Civil Engineering

ii) Experience

a) Total Experience :

Min. 5-years relevant experience in construction of

similar works.


*

Note: Number of persons required at a time will be decided by the Employer/Engineer-in-

charge/Professional Advisor based on the number of projects in hand and payment shall be

made proportionately.

Annexure: IV

Form of Bank Guarantee for Performance Security


iNDEXTb. 68

Ref: _______________ Bank Guarantee: ________________

Date: _______________

To,

The Managing Director,

Industrial Extension Bureau,

Block No 18, 2nd

Floor, Udyogbhavan,

Sector 11, Gandhinagar-382017.

Dear Sir,

In consideration of “______________________” (hereinafter referred as the “Employer”, which

expression shall, unless repugnant to the context or meaning thereof include it successors,

administrators and assigns) having awarded to M/s. ____________________ (hereinafter

referred to as the “PMC” which expression shall unless repugnant to the context or meaning

thereof, include its successors, administrators, executors and assigns), a contract by issue of

Employer’s Contract Agreement No. ________________ dated __________ and the same

having been unequivocally accepted by the PMC, resulting in a Contract valued at

___________________ for (name of the project) _____________________________________

(hereinafter called the “Contract”)

and the PMC having agreed to furnish a Bank Guarantee to the Employer as Performance

Security as stipulated by the Employer in the said contract for performance of the above Contract

amounting to ____________________ (in words and figures).

We _____________ (Name of the Bank) having its Head Office at _______________

(hereinafter referred to as the Bank), which expression shall, unless repugnant to the context or

meaning thereof, include its successors, administrators executors and assigns) do hereby

guarantee and undertake to pay the Employer immediately on demand any reservation, contest,

recourse or protest and/or without any reference to the PMC. Any such demand made by the

Employer on the Bank shall be conclusive and binding notwithstanding any difference between

the Employer and the PMC or any dispute pending before any Court, Tribunal, Arbitrator or any

other authority. We agree that the Guarantee herein contained shall be irrevocable and shall

continue to be enforceable till the Employer discharges this guarantee.


iNDEXTb. 69

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank

under this Guarantee, from time to time to vary the advance or to extend the time for

performance of the contract by the PMC. The Employer shall have the fullest liberty without

affecting this guarantee, to postpone from time to time the exercise of any powers vested in them

or of any right which they might have against the Employer and to exercise the same at any time

in any manner, and either to enforce or to forebear to enforce any covenants, contained or

implied, in the Contract between the

Employer and the PMC any other course or remedy or security available to the Employer. The

bank shall not be relieved of its obligations under these presents by any exercise by the Employer

of its liberty with reference to the matters aforesaid or any of them or by reason of any other act

or forbearance or other acts of omission or commission on the part of the Employer or any other

indulgence shown by the Employer or by any other matter or thing whatsoever which under law

would but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee

against the Bank as a principal debtor, in the first instance without proceeding against the PMC

and notwithstanding any security or other guarantee that the Employer may have in relation to

the PMC’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is limited to

_______ and it shall remain in force up to shall be extended from time to time for such period

(not exceeding one year), as may be desired by M/s. ________________ on whose behalf this

guarantee has been given.

Dated this ________ day of ____ 20____at __________________________

WITNESS

_________________________ _________________________

(signature) (signature)

________________________ _________________________

(Name) (Name)

_______________________ _________________________

_______________________ _________________________

(Official Address) Designation (with Bank stamp) 61

Attorney as per Power of

Attorney No. ______________

Dated ___________________

Strike out, whichever is not applicable.

@ The date will be eighteen months after the date of commencement of services.

Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who

issues the “Bank Guarantee”.

Note 2: The Bank Guarantee will be accepted which is issued by State Bank of India or its

subsidiaries or any Indian Nationalised Bank. If the Bank Guarantee is drawn on a

foreign bank it will be accepted by MNIT only if such Guarantee is also accepted either

by State Bank of India or any of its subsidiaries or any Indian Nationalised Bank.


iNDEXTb. 70

Annexure: V

BANK GUARANTEE FOR EARNEST MONEY DEPOSIT In accordance with the provisions and conditions of Bid Notice for the work of

“________________”, Sri.______________________________(name & Address of the

Contractor) shall deposit with the Employer / iNDEXTb ( a bank guarantee to guarantee his proper

and faithful Performance under the said contract an amount of (Amount of Guarantee) (in

words)*_________________________________________________

We, the _________________________ (Bank or Financial Institution) as requested by the

contractor, agree unconditionally and irrevocably to guarantee as primary obligatory

and as surety merely, the payment to the Employer / iNDEXTb on his demand without what so

ever right of objection on our part and without his first claim to the Employer / iNDEXTb for

recovery of the whole or part of the E.M.D from the contractor under the contract.

We further agree to change add to or other modifications of the forms of the contract

or of works to be performed there under or of any of the contract document which may be made

between the Employer / iNDEXTb, and the contractor shall in any way release us from any liability

under this guarantee and we here by waive notice of any such change, addition or modification.

THE CONDITIONS of this obligation are:-

If after Bid opening the Bidder withdraws or modifies his Bid during the period of bid validity

specified in the Form of Bid.

If the Bidder having been notified of the acceptance of his bid by the Department during the period

of validity.

Fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if

required; or fails or refuses to furnish the balance EMD and additional performance Security in

accordance with the instructions of PMC.

We undertake to pay to the Department up to the above amount upon receipt of his first

written demand, without the Department having to substantiate his demand, provided that in his

demand the Department will note the amount claimed by him is due to him owning to Project

Management Consultancy for EPC of Mahatma Mandir Convention Center to be developed at,

Gandhinagar.

This Guarantee will remain in force up to and including the date** …………………… after the

dead line for submission of Tenders as such deadline is stated in the Instructions to Tenders or as it

may be extended by the Department, notice of which extension(s) to the Bank is hereby waived.

Any demand in respect of this Guarantee should reach the Bank not later than the above date.

Yours truly,

Signature & Seal

(Name of the Bank)

WITNESS……………….. SEAL………………………………………………..

--------------------------------------------------------------------------------------------------------

(Signature, Name and Address)

--------------------------------------------------------------------------------------------------------

* The Tenderer should insert the amount of the EMD in words and figures denominated in Indian

Rupee. This figure should be the same as shown in the Contract Document.

** 6 months from the deadline date for submission of Tender [As specified in Contract Document].