RFP FOR SELECTION OF CONSULTANT

FOR

AIRPORT DEVELOPMENT

INCLUDING

MASTER PLANNING, DESIGNING AND CONSTRUCTION

AT

AMRELI, MEHSANA & MANDVI.

CIVIL AVIATION

GOVERNMENT OF GUJARAT

SEPTEMBER, 2018

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Table of Contents

DISCLAIMER.............................................................................................................................................2

1. BID DATASHEET...............................................................................................................................4

2. SECTION 1: INFORMATION TO BIDDERS .........................................................................................9

7. SECTION 2- INSTRUCTIONS TO BIDDERS.......................................................................................12

3.1 Introduction ..........................................................................................................................12

a. Conflict of Interest ....................................................................................................................15b. Site visit and verification of information ..................................................................................16

c. Acknowledgement by Bidder....................................................................................................16

d. Right to reject any or all Proposals ...........................................................................................16

e. Clarifications and Amendment of RFP Documents...................................................................17

f. Preparation of Proposal ............................................................................................................17

g. Proposal Evaluation ..................................................................................................................18

h. Award of Contract.....................................................................................................................18

i. Fraud and Corrupt Practices .....................................................................................................18

j. Payment schedule and duration of work..................................................................................20

4. MISCELLANEOUS...........................................................................................................................21

5. SECTION 3 - FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS..............................................22

Appendix A – Bidder’s Details ...........................................................................................................22

Appendix B – Financial Bid................................................................................................................23

6. SCOPE OF WORK ...........................................................................................................................24

6.1 Scope of Work.............................................................................................................................24

6.2 Penalty for delay in work ............................................................................................................27

6.3 Additions & Alterations...............................................................................................................27

6.4 Termination.................................................................................................................................28

6.5 Arbitration...................................................................................................................................28

6.6 Number of Drawings sets, etc. and Copy Right ..........................................................................29

6.7 Guarantee ...................................................................................................................................29

6.8 Determination or Recession of Agreement ................................................................................29

6.9 General........................................................................................................................................30

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DISCLAIMER

The information contained in this Request for Proposals document (“RFP”) or subsequentlyprovided to Bidders, whether verbally or in documentary or any other form by or on behalf ofthe “Director, Civil Aviation, Gujarat State Aviation Infrastructure Limited (GUJSAIL)” hereinafter called "the Authority" or any of its employees or advisers, is provided to Bidders on theterms and conditions set out in this RFP and such other terms and conditions subject towhich such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to theprospective Bidders or any other person. The purpose of this RFP is to provide interestedparties with information that may be useful to them in the formulation of their Proposalspursuant to this RFP. This RFP includes statements, which reflect various assumptions andassessments arrived at by the Authority in relation to the Consultancy. Such assumptions,assessments and statements do not purport to contain all the information that each Biddermay require. This RFP may not be appropriate for all persons, and it is not possible for theAuthority, its employees or advisers to consider the objectives, technical expertise andparticular needs of each party who reads or uses this RFP. The assumptions, assessments,statements and information contained in this RFP, may not be complete, accurate, adequateor correct. Each Bidder should, therefore, conduct its own investigations and analysis andshould check the accuracy, adequacy, correctness, reliability and completeness of theassumptions, assessments and information contained in this RFP and obtain independentadvice from appropriate sources.

Information provided in this RFP to the Bidders is on a wide range of matters, some of whichdepends upon interpretation of law. The information given is not an exhaustive account ofstatutory requirements and should not be regarded as a complete or authoritative statementof law.

The Authority accepts no responsibility for the accuracy or otherwise for any interpretation oropinion on the law expressed herein. The Authority its employees and advisers make norepresentation or warranty and shall have no liability to any person including any Bidderunder any law, statute, rules or regulations or tort, principles of restitution or unjustenrichment or otherwise for any loss, damages, cost or expense which may arise from or beincurred or suffered on account of anything contained in this RFP or otherwise, including theaccuracy, adequacy, correctness, reliability or completeness of the RFP and anyassessment, assumption, statement or information contained therein or deemed to form partof this RFP or arising in any way in this Selection Process.

The Authority also accepts no liability of any nature whether resulting from negligence orotherwise, howsoever caused, arising from reliance of any Bidder upon the statementscontained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to do so,update, amend or supplement the information, assessment or assumption contained in thisRFP. The issue of this RFP does not imply that the Authority is bound to select an Bidder orto appoint the Selected Bidder, as the case may be, for the Consultancy and the Authority

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reserves the right to reject all or any of the Proposals without assigning any reasonswhatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation andsubmission of its Proposal including but not limited to preparation, copying, postage, deliveryfees, expenses associated with any demonstrations or presentations which may be requiredby the Authority or any other costs incurred in connection with or relating to its Proposal. Allsuch costs and expenses will remain with the Bidder and the Authority shall not be liable inany manner whatsoever for the same or for any other costs or other expenses incurred byan Bidder in preparation or submission of the Proposal, regardless of the conduct oroutcome of the Selection Process.

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1. BID DATASHEET

RFP No. Dated:

Gujarat State Aviation Infrastructure Limited (GUJSAIL) is engaged in development of civilaviation and necessary infrastructure in the state of Gujarat. GUJSAIL intends to developAirport facilities at Amreli, Mandvi and Mehsana airstrips.

GUJSAIL invites proposal from interested firms/companies/organisations for providingconsultancy for preparation of Master Plan, Architectural, Engineering design and drawings,cost estimate and BOQ and tender document for selection of contractors for construction ofAirport Infrastructure facilities as mentioned in this document at Amreli, Mandvi andMehsana airstrips. Interested bidder should provide information, demonstrating that theyhave sufficient expertise, experience and qualification to perform the required services forthe subject project. Detailed information can be downloaded from the official websitewww.gujsail.gujarat.gov.in

Schedule of the bidding process is as under:

Bid Data Sheet

1

Name of the assignment:

Consultancy Services for Airport Development including Master Planning,Designing and Construction at Amreli, Mandvi and Mehsana airstrips.

2 Proposals must remain valid till 180 days after the last date of submission

to 18:10 hrs.

4 Proposal Security of Rs. 50,000/- (Rs. Fifty Thousand) shall be submitted in the formof irrevocable Bank Guarantee in favor of “Gujarat State Aviation InfrastructureCompany Limited” payable at Ahmedabad.

Validity of the proposal security shall not be less than 180 days from proposal duedate.

State Aviation Infrastructure Company Limited” payable at Ahmedabad.

GUJSAIL Complex,Nr. Torrent Sub Station, SVPI Airport, Ahmedabad.

3 Proposal shall be available on www.nprocure.com from 25/09/2018 to 19/10/2018 up

shall be submitted in the form of Bank Demand Draft in favour of “Gujarat5 Bid Processing Fee (non refundable) of Rs. 10000/- (Rs. Ten Thousand)

6 Pre Bid Meeting: Pre-Bid Meeting shall be held on 01/10/2018 at 12:00 hrs. at

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9 Evaluation pattern:

Qualification Requirement for Technical Proposal: Minimum 55% marks in overallTechnical ProposalHowever, Authority reserves the right to shortlist the number of bidders whoseFinancial Proposals will be opened based on the scores obtained by the biddersin the Technical Proposals

Financial Proposal: The consultant would be selected based on the Quality andCost Based Selection (QCBS) method with 60% weightage to Technical Proposalsand 40% weightage to Financial Proposal.

10 Technical EvaluationCriteria Maximum Points

Relevant project experience of the Bidders:

a) Experience as Project Consultant (including Master Planning,Designing, preparing BOQ and Tender for construction works) ofTransportation Projects which include Project of Airport, RailwayStation, Port, Bus Terminal having Bus Terminal Area shall notbe less than 15000 Sq.Meters and having minimum 10 yearsexperience. Only projects having cost more than Rs. 20 Crore willbe considered. Projects under consideration must be executed inlast seven years.-- 10 points per qualifying project

Maximum points for project experience: 40

b) Additional points for consultancy service to government agency forproject of Airport including Master Planning of the Airport15 points per projectMaximum points 30

c) Presentation of approach, methodology & 15concept design

d) Project Team 15Details of Project Team is as per below table:

7 Proposal due date and time:19/10/2018 up to 1810 hrs.

8 Opening of Technical proposal:22/10/2018 at 12:00 hrs.

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Sr.No.

Particulars Minimumyears ofexperiencerequired

Marks Marksobtained

1 Project Manager – PrincipalAviation Consultant withminimum 15 yearsexperience in AirportPlanning and AirportDevelopment Project,having bachelor’s degree inArchitecture/CivilEngineering and Master’sdegree in TransportationEngineering/TransportationPlanning.

20 Exp. 15 to 119yes.:15 Marks;Exp. 15+ yrs.: 20Marks

2 Architect having bachelor’sdegree in Architecture

10 Exp. 7 to 9yes.:10Marks;Exp. 10+ yrs.: 15Marks

3 Structural Engineer havingmaster’s degree instructural design

10 Exp. 7 to 9yes.:10 Marks;Exp. 10+ yrs.: 15Marks

4 Civil Engineer havingbachelor’s degree in CivilEngineering

10 Exp. 7 to 9 yes.:7Marks;Exp. 10+ yrs.: 15Marks

5 Electrical Engineer havingbachelor’s degree inElectrical Engineering andexperience in ElectricalSystem Design forAirport/Industrial Projects.

10 Exp. 7 to 9 yes.:10 Marks;Exp. 10+ yrs.: 15Marks

6 Mechanical Engineerhaving bachelor’s degree inMechanical Engineeringand experience inMechanical System Designfor Airport/IndustrialProjects.

10 Exp. 7 to 9 yes.: 3Marks;Exp. 10+ yrs.: 5Marks

7 Electronics &CommunicationEngineer/InformationTechnology Engineer withexperience inCommunication System andIT System design inAirport/Industrial projects.

10 Exp. 7 to 9 yes.:10 Marks;Exp. 10+ yrs.: 10Marks

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8 Aviation Operation Expert –Minimum 10 yearsexperience in flightoperations of an airport inIndia.

10 Exp. 7 to 9 yes.: 3Marks;Exp. 10+ yrs.: 5Marks

Maximum Total marks 100Note:

(1) Any team member having experience less than required minimumexperience shall not be considered for marking.

(2) 15% of the Maximum Total Marks of the Project Team shall be consideredfor evaluation.

(3) In addition to above mentioned team, the Consultant is required to deploy afull time Project Coordinator for entire contract tenure at Authority’s officewith minimum 7 years experience in construction projects, goodunderstanding and knowledge of construction contracts, good command overEnglish language, proficiency in preparing presentations and preferably aCivil Engineer.

Grand Total 100

Authority reserves the right to shortlist the number of bidders whose FinancialProposals will be opened based on the scores obtained by the bidders in theTechnical Proposals.

11 Financial Evaluation

After the technical evaluation is completed, the Authority shall inform in writing thebidders, who have been shortlisted for opening of their Financial Proposals, the date,time and location for opening the Financial Proposals. The Financial Proposals of allother bidders shall be returned unopened before opening of the financial bids of theshortlisted technically qualified bidders.

Financial Proposals shall be opened in presence of the bidders’ representatives, whochoose to attend, and the total prices read aloud and recorded.

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12 Bid Award Criteria:

The offers shall be evaluated in QCBS method. In this system, the lowest evaluatedFinancial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points.The Financial Proposal (F) shall be the arithmetic sum of Total Costs, as indicated inFinancial Proposal.

Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F theprice of the proposal under consideration. Proposals will be ranked according to theircombined technical score (St) and financial score (Sf) using the weights (T = theweight given to the Technical Proposal and P = the weight given to the FinancialProposal; T + P = 1)

S = St x T + Sf x P.

The weights given to the Technical and Financial Proposals are:

T = 0.60, and P = 0.40

The bidder achieving the highest combined technical and financial score (F1 bidder)will be the selected bidder and invited for negotiations, and if negotiations failed withhighest ranked consultant then second highest ranked consultant may be called fornegotiations.

Modifications/Amendments/Corrigendum, if any shall not be advertised in the newspapersbut,shall be published in the aforesaid web site only. The undersigned reserves the right tochange the terms and conditions, select/reject any application without assigning any reasonthereof.

Chief Executive OfficerGujarat State Aviation Infrastructure Limited.GUJSAIL Complex,Nr. Torrent Sub Station,SVPI Airport, Ahmedabad.

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2. SECTION 1: INFORMATION TO BIDDERSGENERAL :-

1.GUJSAIL invites proposal from interested firms/companies/organisations for providingconsultancy for preparation of Master Plan, Architectural, Engineering design and drawings,cost estimate and BOQ and tender document for selection of contractors for construction ofAirport Infrastructure facilities at Amreli, Mandvi and Mehsana Airstrips for followings.

Part A: Preparing Master Plan, Architecture and Engineering Design and drawings forproposed facilitiesPart B: Preparing Cost Estimates and BOQ with material and item specifications and Tenderdocuments for construction of proposed infrastructure facilities.

2. Selection of Consultant for above mentioned work shall be as per the procedures set forthin this RFP.

3. The proposal shall be submitted in English Language and all correspondences would bein the same language.

4. Interested consultancy firms may download the RFP from GUJSAIL’s official website asper the details given in table 1 – Bid Data Sheet. Bid document fee as per the Bid DataSheet payable at Ahmedabad shall be submitted by the bidder along with the hard copy ofthe RFP.

5. Stage -1 of the Evaluation shall consider the evaluation of the Technical Proposal for thepurpose of prequalification.

The firms qualifying as mentioned in RFP shall be considered pre-qualified for furtherevaluation. Under stage 2, the financial proposal of such qualified firms as selected aboveshall be opened and evaluated.

8. The Bidder shall furnish as part of its proposal a Proposal Security and Bid ProcessingFee as per the Bid Data Sheet.

The Proposal Security is returnable as per Bid Data Sheet from the opening of the financialproposals, except in case of two highest ranked Bidders. Bid Security of the selectedBidders and the second ranked Bidder shall be returned, upon the selected Bidder signingthe agreement.

9. The total time period for the assignment will be:1. For Preparation design and drawings: 4 months2. For preparation of cost estimates, material and item specifications, BOQ andTender documents for construction works: 2 months

10. Performance Security-

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The successful consulting firm shall have to submit a Bank Guarantee (BG) for thePerformance Security as below:

(i) 5% (Five percent) of the quoted price at the time of issuing of LOA , valid tillsuccessful completion of the work assigned.

(ii) The Bank Guarantee shall be in the format provided by the Authority at time ofissue of LOA from a Nationalized /Scheduled Bank approved by RBI.

11. Eligibility criteriaConsulting firms meeting the following criteria are only eligible for applying for thisassignment.

Technical & Financial Eligibility criteria:

(A) Technical eligibility: the bidder shall have following experience:Experience as Project Consultant (including Master Planning, Designing, preparingBOQ and Tender for construction works) of Transportation Projects which includeProject of Airport, Railway Station, Port, Bus Terminal having Bus Terminal Areashall not be less than 15000 Sq.Meters and having minimum 10 years experience.Only projects having cost more than Rs. 20 Crore will be considered. Projects underconsideration must be executed in last seven years. Minimum three projects in the last seven years whose total project cost shall

not be less than Rs. 40 Crore.

(B) Total Annual turnover from the consultancy business in last five years shall not beless than Rs. 25 Crore. The bidder is required to submit audited annual reports of lastfive years in the technical proposal.

The bidder fulfilling above mentioned criteria shall be considered for evaluation of technicalproposal as per Bid Data Sheet.

Note :1. For consideration of experience in any past Consultancy assignment experience,certificate from the client shall be accepted. .

2. The weightage given for experience of a firm would depend on the role of the firm in therespective assignments. The firms experience would get full credit if it was the sole firm inthe respective assignment. Experience weightage for firms joining lead partner/JV partnershall be considered in the same proportion as payment has been received by the firmtowards consultancy work in the project/as per the provision in the JV Agreement.

3. JV or Consortium of firms is permitted and there shall be maximum two members inJV/Consortium.

4. Consultants who have been debarred by Govt. of Gujarat/Other States Govt./ centralGovt. agency or its subsidiaries and the debarment is in force as on date of application, neednot apply as such Consultant is not eligible to take part in this bidding process. If such mattercomes to the notice of the GUJSAIL after issue of Work Order to the selected Consultant,then that Contract shall be terminated and the Consultant shall be Black Listed.

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5. GUJSAIL will not be responsible for any delay, loss or non-receipt of RFP document sentby Speed/Registered post/Courier/Parcel. Further, GUJSAIL shall not be responsible forany delay in receiving the Proposal and reserves the right to accept/reject any or allapplications without assigning any reason thereof.

6. The two parts of the Proposal (Technical proposal and Financial proposal) must besubmitted as mentioned in this document with all pages numbered serially, along with anindex of submission. In the event, any of the instructions mentioned herein have not beenadhered to, GUJSAIL may reject the Proposal.

7. Bidder needs to submit separate bids for each project location and accordingly tender feeand EMD shall be paid separately for each project.

8. RFP submission must be received not later than the time and date mentioned in the BidData Sheet, in the manner specified in the RFP document at the address given below:

Chief Executive OfficerGujarat State Aviation Infrastructure LimitedNear Torrent Sub StationSVPI International Airport – Ahmedabad.Pin: 380012Email: ceo@gujsail.org

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7. SECTION 2- INSTRUCTIONS TO BIDDERS

3.1 Introduction

1. Definitions:(1) Site: The “Site” shall mean the land and/or other places on into or through which

work is to be executed under the contract or any adjacent land, path or streetwhich may be allotted of used for the purpose of carryingout the contract.

(2) Consultant: The “Consultant” shall mean the individual or firm of company,whether corporate or not, and shall include the legal personal representative ofsuch individual of the persons composing such firm of company and the permittedassignee of such individual of firm of company selected as consultant based onthis bidding process.

(3) Authority: The “Authority” means the CEO, GUJSAIL/Director Civil Aviation,Government of Gujarat.

(4) Contract: The “Contract” means and includes the documents forming the tenderand “acceptance thereof together with the documents referred to therein andinstructions issued from time to time by the “Authority”.The formal agreement executed between the Authority and the Consultant and allthese documents taken together shall be complementary to one another.

2. Bids are invited from consulting firms willing to act as Consultants for preparation ofdesign, drawings, cost estimate, material and item specifications and BOQ andtender document for selection of civil contractor for construction and upgradation ofairstrip facilities at Amreli, Mandvi and Mehsana air strips. Your proposal could formthe basis for future negotiations and ultimately a contract between your firm and theGUJSAIL.

3. Bidder needs to submit separate bids for each project location and accordinglytender fee and EMD shall be paid separately for each project.

4. Bidder cannot submit more than one bid for a project either as single bidder or in JV.In case more than one bid is received from a bidder either single bidder or in JV, thenboth the bid of such bidder shall be summarily rejected.

5. A bidder can bid for more than one project, i.e. two or three projects also. However, abidder can be awarded only one project out of two or three. In this case, the bidderhas to provide preference list for all bided projects by him, so if that bidder would bea selected bidder based on this bidding process in more than one project, than thatbidder would be awarded first available project from his preference list. In theabsence of such preference list, the Authority’s decision shall be final for all projects.In case, after award of one project to a bidder, if the same bidder is L1 in the otherlocation, then the L2 bidder of that location has to match the Price Bid of L1 bidder inorder to be the Selected Bidder for the other location. If the L2 bidder refuses to

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match the Price Bid of L1 Bidder, then the bid for that location will be re-issued or asdecided by the Government.

6. A brief description of the assignment and its objectives are given in the Terms ofReference (TOR).

7. The assignment shall be implemented in various stages such as Preparation ofdesign and drawings and BOQ, and material and item specifications, cost estimatesand tender documents for selection of contractors for construction works.

8. This RFP is neither an agreement nor an offer by the GUJSAIL to the prospectiveBidders or any other person. The purpose of this RFP is to provide interested partieswith information that may be useful to them in the formulation of their Proposalspursuant to this RFP. This RFP includes statements and assumptions, which reflectvarious assessments, arrived at by the GUJSAIL in relation to the Consultancy. Suchassessments and statements do not purport to contain all the information that eachBidder may require. The information contained in this RFP, may not be complete,accurate, adequate or correct. Each Bidder should, therefore, conduct its owninvestigations about the assignment and the local conditions before submitting theproposal by paying a visit to the GUJSAIL and the project site, sending writtenqueries to the GUJSAIL, before the date and time specified in the Data Sheet.

9. Please note that (i) the costs of preparing the proposal and negotiating for thecontract, including a visit to site, are not reimbursable as a direct cost of assignmentand (ii) GUJSAIL is not bound to accept any of the proposals received by it andreserves the right to annul the selection process at any time prior to contract award,without thereby incurring any liability to the Consultants.

10. Bidder has an obligation to disclose any situation of actual or potential conflict thatimpacts their capacity to serve the best interest of GUJSAIL, or they may reasonablybe perceived as having this effect. Failure to disclose said situations may lead to thedisqualification of the Consultant or the termination of its Contract and/or any otheraction as deemed fit by the GUJSAIL at any stage.

11. The Consultant shall ensure proper coordination with GUJSAIL officials on thematters related to revenue and forest.

12. The consultant shall deploy modern project management tools.

13. It is the GUJSAIL’s policy that the consultants observe the highest standard of ethicsduring the selection and execution of such contracts. In pursuance of this policy, theGUJSAIL:(a) Defines, for the purpose of this paragraph, the terms set forth below as follows:(i) “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the action of a public official in theselection process or in contract execution; (ii) “Fraudulent practice” means amisrepresentation or omission of facts in order to influence a selection processor the execution of a contract;

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(ii) “Collusive practices” means a scheme or arrangement between two or moreconsultants with or without the knowledge of the GUJSAIL, designed to establishprices at artificial, non-competitive levels;

(iii) “Coercive practices” means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in a procurementprocess, or affect the execution of a contract.

(b) will reject a proposal for award if it determines that the Consultant recommendedfor award has, directly or through an agent, engaged in corrupt, fraudulent,collusive or coercive practices in competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to beawarded a contract if it at any time determines that the firm has fraudulentpractices in competing for, or in executing, a contract; and

14. Consultants, their Sub-Consultants shall be under a Declaration of ineligibility forcorrupt and fraudulent practices. Furthermore, the Consultants shall be aware of theprovisions on fraud and corruption as stated in this document.

15. Consultants shall furnish information on commissions and gratuities, if any, paid Toor be paid to agents relating to this proposal and during execution of the assignmentif the Consultant is awarded the Contract, in the Financial Proposal.

16. Proposals must remain valid as per Bid Data Sheet.

17. Should the need arise; however, the GUJSAIL may request Consultants to extendthe validity period of their proposals. Consultants who agree to such extension shallconfirm that they maintain the availability of the Professional staff nominated in theProposal during the extension of validity of the Proposal, Consultants could submitnew staff in replacement, which would be considered in the final evaluation forcontract Award. Consultants who do not agree have the right to refuse to extend thevalidity of their Proposals.

18. The Bidder shall enclose with its Proposal, certificate(s) from its Statutory Auditorsstating its total revenues from professional fees during each of the 5(five) financialyears preceding the Proposal Due Date (PDD) and the fee received in respect ofeach of the Eligible Assignments specified in the Proposal.

19. The Bidder should submit a Power of Attorney provided by its organization whichempowers the authorized person to take part in the meeting and negotiation, executethe project and sign in the Contract Agreement and related documents of the project.

20. Any entity which has been barred by the Central Government, any StateGovernment, a statutory authority or a public sector undertaking, as the case may be,from participating in any project, and the bar subsists as on the date of Proposal,shall not be eligible to submit a Proposal either by itself or through its Associate.

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21. An Bidder or its Associate shall have, during the last five years, neither failed toperform on any agreement, as evidenced by imposition of a penalty by the client, anarbitral or judicial authority or a judicial pronouncement or arbitration award againstthe Bidder or its Associate, nor been expelled from any project or agreement norhave had any agreement terminated for breach by such Bidder or its Associate.

22. While submitting a Proposal, the Bidder should attach clearly marked and referencedcontinuation sheets in the event that the space provided in the specified forms in theAppendices is insufficient. Alternatively, Bidders may format the specified formsmaking due provision for incorporation of the requested information.

a. Conflict of Interest1. An Bidder shall not have a conflict of interest that may affect the Selection Process or

the Consultancy (the “Conflict of Interest”). Any Bidder found to have a Conflict ofInterest shall be disqualified. In the event of disqualification, the GUJSAIL shall forfeitand appropriate the Bid Security as mutually agreed genuine pre-estimatedcompensation and damages payable to the GUJSAIL for, inter alia, the time, costand effort of the GUJSAIL including consideration of such Bidder’s Proposal, withoutprejudice to any other right or remedy that may be available to the GUJSAILhereunder or otherwise.

2. The GUJSAIL requires that the Consultant provides professional, objective, andimpartial advice and at all times hold the GUJSAIL’s interests paramount, avoidconflicts with other assignments or its own interests, and act without anyconsideration for future work. The Consultant shall not accept or engage in anyassignment that would be in conflict with its prior or current obligations to otherclients, or that may place it in a position of not being able to carry out the assignmentin the best interests of the GUJSAIL.

3. Without limiting the generality of the above, an Bidder shall be deemed to have aConflict of Interest affecting the Selection Process, if:(a) a constituent of such Bidder is also a constituent of another Bidder; or(b) such Bidder has received any direct or indirect subsidy or grant from any otherBidder or its Associate; or(c) such Bidder has the same legal representative for purposes of this Application asany other Bidder; or(d) such Bidder has a relationship with another Bidder, directly or through commonthird parties, that puts them in a position to have access to each other’s informationabout, or to influence the Application of either or each of the other Bidder; or(e) there is a conflict among this and other consulting assignments of the Bidder(including its personnel and Sub-consultant) and any subsidiaries or entitiescontrolled by such Bidder or having common controlling shareholders. The duties ofthe Consultant will depend on the circumstances of each case. While providingconsultancy services to the GUJSAIL for this particular assignment, the Consultantshall not take up any assignment that by its nature will result in conflict with thepresent assignment; or

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(f) a firm which has been engaged by the GUJSAIL to provide goods or works orservices for a project, will be disqualified from providing consulting services for thesame project; conversely, a firm hired to provide consulting services for thepreparation or implementation of a project, and its Members or Associates, will bedisqualified from subsequently providing goods or works or services related to thesame project;

b. Site visit and verification of informationBidders are encouraged to submit their respective Proposals after visiting the Project siteand ascertaining for themselves the site conditions, traffic, location, surroundings,climate, access to the site, availability of drawings and other data, applicable Laws andregulations or any other matter considered relevant by them.

c. Acknowledgement by BidderIt shall be deemed that by submitting the Proposal, the Bidder has:(a) made a complete and careful examination of the RFP;(b) received all relevant information requested from the GUJSAIL;(c) Acknowledged and accepted the risk of inadequacy, error or mistake in theinformation provided in the RFP or furnished by or on behalf of the GUJSAIL or relatingto any of the matters referred to this RFP;(d) satisfied itself about all matters, things and information, including matters referred toherein above, necessary and required for submitting an informed Application andperformance of all of its obligations there under;(e) acknowledged that it does not have a Conflict of Interest; and(f) agreed to be bound by the undertaking provided by it under and in terms hereof.

The GUJSAIL shall not be liable for any omission, mistake or error on the part of theBidder in respect of any of the above or on account of any matter or thing arising out ofor concerning or relating to RFP or the Selection Process, including any error or mistaketherein or in any information or data given by the GUJSAIL.

d. Right to reject any or all Proposals1. Notwithstanding anything contained in this RFP, the GUJSAIL reserves the right to

accept or reject any Proposal and to annul the Selection Process and reject allProposals, at any time without any liability or any obligation for such acceptance,rejection or annulment, and without assigning any reasons thereof.

2. Without prejudice to the generality of this RFP the GUJSAIL reserves the right toreject any Proposal if:(a) at any time, a material misrepresentation is made or discovered, or(b) the Bidder does not provide, within the time specified by the GUJSAIL, thesupplemental information sought by the GUJSAIL for evaluation of the Proposal.Misrepresentation/ improper response by the Bidder may lead to the disqualificationof the Bidder. If such disqualification / rejection occurs after the Proposals have beenopened and the highest ranking Bidder gets disqualified / rejected, then the GUJSAILreserves the right to consider the next best Bidder, or take any other measure as

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may be deemed fit in the sole discretion of the GUJSAIL, including annulment of theSelection Process.

e. Clarifications and Amendment of RFP Documents1. The Consultants may request a clarification of any of the RFP documents up to the

Number of days indicated in the Data Sheet before the Proposal submission date.Any request for clarification must be sent in writing by paper mail, facsimile, orelectronic mail to the GUJSAIL address indicated in the Data Sheet. The GUJSAILwill respond by cable, facsimile, or electronic mail to such requests and will sendcopies of the response (including a reply of the query but without identifying thesource of inquiry) to all consultants who have purchased the RFP document.Clarification/amendment will also be hosted on GUJSAIL web-site.

2. At any time before the submission of Proposals, the GUJSAIL may for any reason,whether at its own initiative or in response to a clarification requested by a Consultingfirm, modify the RFP documents by amendment. Any amendment shall be issued inwriting through addendum. Addendum may be sent by mail, cable, telex, facsimile orelectronic mail to consultants or/and will be hosted on GUJSAIL website which will bebinding on them. The GUJSAIL may at its discretion extend the deadline for thesubmission of Proposals.

f. Preparation of ProposalBidders are requested to submit proposals in Two Parts as follows:Part 1: Technical Proposal andPart 2: Financial Proposal.The proposal shall be written in the English language. All pages of the Proposal shall besigned by an authorized representative. The representative’s authorization shall beconfirmed by written Power of Attorney duly notarized to be submitted with the proposal.

Part 1: Technical Proposal1. Bidders are expected to examine all terms and conditions included in the documents.

Failure to act or to provide all requested information will be at your own risk and mayresult in rejection of your proposal.

2. Bidder’s Technical Proposal must provide the following information, using but notlimited to the formats provided.A brief description of the firm’s organization and an outline of recent experience ofthe Consultants on assignments of a similar nature. The information which Biddershall provide on each assignment should indicate, inter-alia, the profiles of the staffprovided, duration, and contract amount and firms involvement. The details ofassignments on hand shall also be furnished.

The technical proposal shall be submitted in hardcopy as per the time line provided inthe Bid Data Sheet.

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Part 2: Financial Proposal

1. Financial Proposal shall be submitted Online only, on the www.nprocure.com

2. Bidder is required to express the price of their services only in Indian Rupees.

The completed proposal must be delivered on or before the time and date stated inthe Data Sheet.

g. Proposal Evaluation1. A two -stage procedure shall be adopted for evaluating the proposals (1) Technical

Proposal and (2) Financial Proposal.

2. The Evaluation Committee appointed by the GUJSAIL shall carry out its evaluation.Each technically qualified proposal would be eligible for opening of its financialproposal.

3. After the evaluation of Technical Proposals is completed and the shortlist of qualifiedfirms is finalized, GUJSAIL may notify those consultants whose proposals were notconsidered as per conditions of RFP indicating that their Financial Proposal will bereturned unopened after completing the selection process. The GUJSAIL shallsimultaneously notify the finally shortlisted firms indicating the date and time set foropening of the Financial Proposals.

4. The Financial Proposals shall be opened publicly in the presence of the consultant’srepresentatives who choose to attend. The name of the consultant and the proposedprices shall be read aloud and recorded when the Financial Proposals are opened.The GUJSAIL shall prepare minutes of the public opening.

5. The Evaluation Committee will determine whether the submitted Financial Proposalsare complete i.e. whether Bidders have included cost of all items of thecorresponding proposals; if not, then the cost towards such missing items will beconsidered as NIL, but the Consultant shall, however, be required to carry out suchobligations without any additional compensation. In case under such circumstances,if GUJSAIL feels that the work cannot be carried out within the overall cost as per thesubmitted financial proposal, such proposals shall be considered non responsive andshall be rejected.

h. Award of ContractAfter completion of evaluation of the proposals, the GUJSAIL may award theContract to the selected Consultant. However, after signing of the Contract, GUJSAILmay return the unopened Financial Proposals to the unsuccessful Consultants.

i. Fraud and Corrupt Practices1. The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Selection Process. Notwithstanding

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anything to the contrary contained in this RFP, the GUJSAIL shall reject a Proposalwithout being liable in any manner whatsoever to the Bidder, if it determines that theBidder has, directly or indirectly or through an agent, engaged in corrupt practice,fraudulent practice, coercive practice, undesirable practice or restrictive practice(collectively the “Prohibited Practices”) in the Selection Process. In such an event,the GUJSAIL shall, without prejudice to its any other rights or remedies, forfeit andappropriate the Bid Security or Performance Security, as the case may be, asmutually agreed genuine pre-estimated compensation and damages payable to theGUJSAIL for, inter alia, time, cost and effort of the GUJSAIL, in regard to the RFP,including consideration and evaluation of such Bidder’s Proposal.

2. Without prejudice to the rights of the GUJSAIL under Clause 8.1 hereinabove and therights and remedies which the GUJSAIL may have under the LOA or the Agreement,if an Bidder or Consultant, as the case may be, is found by the GUJSAIL to havedirectly or indirectly or through an agent, engaged or indulged in any corrupt practice,fraudulent practice, coercive practice, undesirable practice or restrictive practiceduring the Selection Process, or after the issue of the LOA or the execution of theAgreement, such Bidder or Consultant shall not be eligible to participate in anytender or RFP issued by the GUJSAIL during a period of 2 (two) years from the datesuch Bidder or Consultant, as the case may be, is found by the GUJSAIL to havedirectly or through an agent, engaged or indulged in any corrupt practice, fraudulentpractice, coercive practice, undesirable practice or restrictive practice, as the casemay be.

3. For the purposes of this Section, the following terms shall have the meaninghereinafter respectively assigned to them:(a) “corrupt practice” means(i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of

value to influence the action of any person connected with the Selection Process(for avoidance of doubt, offering of employment to or employing or engaging inany manner whatsoever, directly or indirectly, any official of the GUJSAIL who isor has been associated in any manner, directly or indirectly with the SelectionProcess or the LOA or has dealt with matters concerning the Agreement or arisingthere from, before or after the execution thereof, at any time prior to the expiry ofone year from the date such official resigns or retires from or otherwise ceases tobe in the service of the GUJSAIL, shall be deemed to constitute influencing theactions of a person connected with the Selection Process); or

(ii) save as provided herein, engaging in any manner whatsoever, whether during theSelection Process or after the issue of the LOA or after the execution of theAgreement, as the case may be, any person in respect of any matter relating tothe Project or the LOA or the Agreement, who at any time has been or is a legal,financial or technical consultant/ adviser of the GUJSAIL in relation to any matterconcerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or disclosureof incomplete facts, in order to influence the Selection Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm,directly or indirectly, any persons or property to influence any person’sparticipation or action in the Selection Process;

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(d) “undesirable practice” means(i) establishing contact with any person connected with or employed or engaged by

the GUJSAIL with the objective of canvassing, lobbying or in any mannerinfluencing or attempting to influence the Selection Process; or

(ii) having a Conflict of Interest; and(e) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a fulland fair competition in the Selection Process.

j. Payment schedule and duration of workPayment schedule for the assignment shall be as follows:

Sr.no.

Mile stone Submissiontime

Paymentdetails

1 Finalisation and submission of Master Plan andArchitectural drawings

2 monthfrom issueof LOA

10%

2 Submission of drawings for approval from statutoryauthorities

1 monthfrom stage 1

10%

3 Submission of complete set of civil, electrical, Mechnical,plumbing drawings and structural designs, workingdrawings and Communication System and IT SystemDetails with all item and component specifications,drawings and BOQ.

2 monthsfrom stage 2

30%

4 Submission of BOQ with material and item specificationsand tender documents for selection of contractors forconstruction works including MEP (Mechanical,Electrical, Plumbing) and Communication and IT System.

2 monthsfrom stage 3

20%

5 Evaluation of tenders and selection of contractors 15 daysafteropening oftender

10%

6 After obtaining completion certificate, occupancycertificate and building use permission from localauthority

Within onemonth aftercompletionofconstructionwork

20%

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4. MISCELLANEOUS

1. The Selection Process shall be governed by, and construed in accordance with, the lawsof India and the competent jurisdiction of Court in Ahmedabad, Gujarat in which theGUJSAIL has its headquarters shall have exclusive jurisdiction over all disputes arisingunder, pursuant to and/or in connection with the Selection Process.

2. The GUJSAIL, in its sole discretion and without incurring any obligation or liability,reserves the right, at any time, to:(a) suspend and/or cancel the Selection Process and/or amend and/or supplement theSelection Process or modify the dates or other terms and conditions relating thereto;(b) consult with any Bidder in order to receive clarification or further information;(c) retain any information and/or evidence submitted to the GUJSAIL by, on behalf ofand/or in relation to any Bidder; and/or(d) independently verify, disqualify, reject and/or accept any and all submissions or otherinformation and/or evidence submitted by or on behalf of any Bidder.

3. It shall be deemed that by submitting the Proposal, the Bidder agrees and releases theGUJSAIL, its employees, agents and advisers, irrevocably, unconditionally, fully andfinally from any and all liability for claims, losses, damages, costs, expenses or liabilitiesin any way related to or arising from the exercise of any rights and/or performance of anyobligations hereunder, pursuant hereto and/or in connection herewith and waives anyand all rights and/or claims it may have in this respect, whether actual or contingent,whether present or future.

4. All documents and other information supplied by the GUJSAIL or submitted by an Biddershall remain or become, as the case may be, the property of the GUJSAIL. TheGUJSAIL will not return any submissions made hereunder. Bidders are required to treatall such documents and information as strictly confidential.

5. The GUJSAIL reserves the right to make inquiries with any of the clients listed by theBidders in their previous experience record.

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5. SECTION 3 - FORMATS FOR SUBMISSION OF BID

The proposal should contain the following information in enclosed format of Appendix A andAppendix B.

Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for thelast five years from the Bid Due Date. The proposal should also contain the details of the keypersonnel viz. their name, qualification, expertise area, experience and years of associationwith the firm.

Appendix A – Bidder’s DetailsThe following information related to the firm shall be provided in the proposal.

1. Year of establishment of firm2. Office/Business Address/ Telephone nos./Cable Address.3. Narrative description of firm (Not more than 2 sheets)4. Name of two (2) principals who may be contacted with title and telephone number/fax

number/E- mail.5. Audited Financial Statement of the last three years.6. Type of the organization: Proprietorship firm/Partnership firm/ Company/Others7. Experience in Design of building projects and infrastructure projects and preparing

BOQ and tender documents for construction worksSr.No.

Year Name ofProject

Brief TechnicalDescription of theproject

Estimated Cost of theproject – Rs. Crore

Total fees paidfor the project –Rs. Lakh

Add new rows as per the nos. of projects.

Above mentioned project details shall be supported by Letter of Award/Work Order andCompletion certificate issued by the client.

Above mentioned project details shall be supported by Letter of Award/Work Order andCompletion certificate issued by the client.

8. Details of key professional employed by the bidder for more than a year.Details will include name and contact details, educational qualification andprofessional experience.

Availability of Professional staff/expertsAuthority will require assurances that the Professional staff will be actually available asmentioned in Proposal Data. Authority will not consider substitutions during the Contractunless both parties agree in writing to any substitution. Any proposed substitute shall haveequivalent or better qualifications and experience than the original candidate.

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Appendix B – Financial Bid

Table 1: Summary of Financial Proposal

Name of Project location

No. Item Amount in Indian Rupees

In Figure In Words

1 Professional fees (Remuneration,out of pocket expenses and othercost) Inclusive of all Taxes

3 Total fees

Note:

(1) In case any discrepancy in amount in words and amount in number, amount in wordsshall be considered.

(2) Separate bids (both technical and financial) shall be submitted for each projectlocation of Amreli, Mandvi and Mehsana Airstrip.

Table 2: Preference List of Projects

Sr.No.

Preferenceno.

Name of Project

Note:(1) If a bidder bids for more than one project, the bidder is required to submit the

preference list mentioning preference order for all bided projects as mentioned inInstructions to Bidders.

(2) In the absence of the Preference List from the bidder, the Authority’s decision wouldbe final for all projects in this bidding process.

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6. SCOPE OF WORK

6.1 Scope of WorkThe Consultant shall render following services considering the nationally and internationallyaccepted Airport design parameters and Airport planning specified by DGCA (DirectorGeneral of Civil Aviation) and other concerned authority in India.

I. Preliminary StageA. Preparation of Drawings:a) Prepare Master Plan of the Airport considering guidelines and design parameters ofAirport Planning specified by DGCA (Director General of Civil Aviation), ICAO (InternationalCivil Aviation Organisation) and other concerned authority in India.

b) Prepare Architectural drawings of proposed work including all internal and external utilityservices like water supply, sewerage, storm water drainage, electrical, fire fighting,Communication system etc. However, the Authority reserves the right to exclude any of theabove services from the scope of the work or include any other in the scope of work.

c) Prepare MEP (Mechanical, Electrical and Plumbing) Design and drawings of proposedwork. Suggest the location of the new additional 500 KVA DG set and prepare electricaldrawing. The Consultant shall obtain necessary statutory approval from the concernedauthority.

d) Prepare complete details of System Design and Specifications of all system componentsfor Communication and Information & Technology System for the project

e) Obtain all approvals, NOC from concerned government authority, MunicipalCorporation/Local Authority for development and construction work of the project.

Site inspections for finalization of above details shall be conducted by the Consultant at theirown cost.

B. Obtaining statutory approvals:a) To prepare & submit the required drawing & details for approval of the drawings, plans/obtaining Clearances from the Competent Authority/Statutory Body, ie) MunicipalCorporation, Fire, and Electrical Departments (as applicable) according to the local Acts,Laws, Regulations etc. and make any changes desired by such authorities and obtain finalapproval and completion certificate from these authoritiesafter completion of the building.

b) Power enhancement- To prepare & submit the required drawing & details toElectricity board for approval and obtain the power enhancement fromElectricity Board.

d) Program of work assigned to them, up to the stage of tender documents.

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e) Preparing material and item specifications with BOQ and cost estimates and based onthis preparing tender documents, to assist GUJSAIL in issue of tender documents andevaluation of tender documents for selection of civil and electrical contractor forconstruction work of proposed project and to prepare contract agreement for proposedconstruction work to be executed between the GUJSAIL and the civil contractor selectedbased on this bidding process.

II. Working Drawing StageThe preparation of detailed working drawings with details incorporating services & scheduleof quantities .This will include:-

a) Preparation of working and detailed architectural and structural drawings of the proposedworks after studying the various details of the existing building. The Internal, External watersupply and sanitary drawings to be prepared after studying the existing water supply andsanitary lines as well. The electrical drawings and layouts of the proposed work & otherallied installations to be prepared after studying already laid electrical & power lines.Electrical work of the proposed area should be designed in such a way to suit to the existingelectrical layout and related installations. Details of structural design for whole of the work orin part to facilitate call of tender in stages by the authority.

b) Obtain the approval of the Corporation/Local Authority to above and modify them ifconsidered necessary by the Corporation/Local Authority.

c) Obtain the approval of the Corporation/Local Authority to (a) & (b) above and to allcomputations of all structural designs and all services designs which shall be in accordancewith the latest IS codes of practice. Such detailed computation of all designs shall be madeavailable to the Corporation/Local Authority for any check, the Corporation/Local Authoritymay like to exercise, before sanction of detailed estimates and call of tenders. TheConsultant shall indicate the names of his Associates, for various services and structuraldesigns, their organization, qualification and experience and get the same approved from theCorporation/Local Authority and shall be fully responsible for the correctness and accuracyof structural and services designs and the responsibility for safety of the structure shall beentirely that of the Consultant notwithstanding the approval of the Corporation/LocalAuthority of these designs. The Consultant and their Associates, if any, shall certify in writingthat the designs are in accordance with the up-to-date and relevant codes of practice.

d) Obtain approval of local authorities, if any, and make changes required by them.

e) Direct and co-ordinate the Architectural, Engineering and surveying work and prepare(with help of surveyors and other associates, as necessary) complete working details,schedules, specifications and bill of quantities to describe the whole project adequately forthe purposes of taking the approval of the Corporation as well as the approval of localauthorities.

f) Prepare specifications, detailed cost estimate and such other details along with detailedcalculation of all items of work for all work detailed above and other works (as deemed fit forcompletion of the project) etc as may be necessary for the purpose of inviting Tenders,

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scrutinizing and advising on the Tenders for selection of suitable Contractor and render allprofessional services up to the time of handing over the possession of the projects.

III Construction Stagea) Supply to the Corporation two copies of the detailed working drawings, specifications, etc.free of charge for use during execution of work.

b) Supply to the Corporation such further drawings, specifications or details which may berequired for proper execution of the work.

c) Obtain Corporation’s approval for any material, deviation in design, cost, workingdrawings, schedule and specifications from the approved scheme.

d) Visit the site of work and provide periodic supervision as and when necessary to clarifyany decision or interpretation of the drawings and specifications that may be necessary andattend conferences and meetings, as and when required.

IV. Completion Stagea) Obtain completion and occupation certificates, wherever necessary from the local bodiesafter completion of work and supply the same to the authority.

b) Prepare completion drawings on suitable scale including scale plans, elevations and crosssections, etc. indicating the details of the buildings and services as completed, and supply 2sets of completion drawings to the Corporation and also hand over the originals of thecompletion drawings to the Corporation.

c) Assist the authority in arbitration/litigation case that may arise out of the contract enteredinto in respect of above work, regarding clarifications/interpretations, supply of drawings,designs, specifications as and when required.

Details of proposed works at each project site is as under:

Tentative details of proposed works at Amreli, Mandvi and Mehsana airstrip:

Sr.no.

Description of works

1 Terminal building (for minimum 100 and maximum 200 passengers)2 VIP lounge for 75 persons (including facilities like recreation, waiting,

conference room, rest room for VIPs and pilots, pantry & other services)3 Administrative building for 100 persons4 ATC Tower & Control Room5 Security cabins6 Watch Towers for security7 Aeroplane hanger for two aeroplanes of 20 seats with suitable space to

carry out minor maintenance work8 Aircraft parking space

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9 CCR Room10 Utility room11 Bore well12 Under ground water tank – General and fire fighting purpose13 Compound wall repairing and raising11 Internal roads, VIP and General parking15 Leveling of ground and Gardening and Landscaping16 Rainwater harvesting system17 Electrical works including street lighting18 Furnishing works19 Fire fighting system20 Air conditioning21 Solid waste management system22 Solar Energy System23 Sewage treatment plant (Keep provision for development of STP in future)24 Other works as directed by the Authority

6.2 Penalty for delay in workIf the Work is not completed within the specified period and any extension thereof, theconsultant shall be liable to pay penalty for delay in completion of work @ 0.5% of the totalContract value for every week of delay or part thereof, subjected to a maximum of 7.5% ofthe Contract value.

6.3 Additions & Alterationsi) The Authority shall have the right to request in writing for additions, alterations,modifications or deletions in the design and drawing of any part of the work and to request inwriting for additional work in connection therewith and the Consultant shall comply with suchrequests.

ii) That if the Authority deviates substantially from the original scheme which involves for itsproper execution extra services, expenses and extra labour on the part of the Consultant formaking changes and additions to the drawings, specifications or other documents due torendering major part or whole of his work infractuous, the Consultant may then becompensated for such extra services and expenses on quantum merit basis at percentageapplicable under this agreement and to be determined mutually unless such changes,alterations are due to Architect’s omissions and/or discrepancies, including changes underclause related to scope of work due to changes required by Consultant of all internal,external services. The decision of the Authority shall be final on whether the deviations andadditions are substantial as requiring any compensation to be paid to the Consultant.However, for the minor modification or alteration which does not affect the entire design,planning etc., no amount will be payable.

iii) If it is found after call of tenders that the acceptable tender is not within the amountsanctioned, the Consultant shall, if so desired by the Authority, take steps to carry outnecessary modifications in the design and specifications to see that the tendered cost doesnot exceed the amount of corresponding sanction by more than 5% (five percent). The

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Consultant shall not be paid anything extra for such modification. If the Corporation isconvinced that the trend of the market rates is such that the work cannot be done within theamount of sanctioned estimate, the Consultant shall submit a revised estimate expeditiouslyfor obtaining sanction of the Competent Authority.

iv) The Consultant shall not make any material deviation, alteration, addition to or omissionfrom the work shown and described in the contracts documents except without first obtainingthe written consent of the Authority.

v) The cost of individual work shall not exceed the sanctioned estimates as approved by theAuthority. Authority’s approval in advance shall be taken for any such increase anticipatedgiving full justification.

6.4 TerminationThe Corporation without any prejudice to its right against the Consultant in respect of anydelay or otherwise or to any claims or damages in respect of any breaches of the contractsand without prejudice to any rights or remedies under any of the provisions of this contract,may terminate the contract by giving one month’s notice in writing to the Consultant and inthe event of such termination, the Architect shall be liable to refund the excess payment, ifany, made to him over and above what is due in terms of this agreement on the date oftermination and the Authority may make full use of all or any of the drawings prepared by theConsultant.

Termination of the Contract by the Consultant shall be subject to levy of a suitablecompensation by the Authority, quantum of which shall be decided by the CompetentAuthority upto a maximum of the security deposit.

6.5 ArbitrationAny dispute of any kind whatsoever at any time(s) arising out of or in connection with ortouching upon on incidental to this Agreement (including any dispute or difference regardingthe interpretation or termination of this Agreement or any part or portion thereof) shall bereferred to the CEO of the Authority who may, nominate any of the officers of the Authority toact as a Sole Arbitrator. The Architect will not be entitled to raise any objection to any sucharbitrator on the ground that the arbitrator is an officer of Authority or that he has to deal withthe matters to which this contracts relates or that in the course of his duties as an officer ofthe Authority he had expressed views on all or any of the matters in dispute or difference. Inthe event of the arbitrator to whom the matter is originally referred being transferred orvacating his offices or being unable to act for any reasons, the CEO shall designate anotherperson to act as arbitrator in accordance with the terms of the agreement. Such person shallbe entitled to proceed with the reference from the point at which it was left by hispredecessor. It is also a term of this contract/agreement that no person other than the CEOof the Authority or a person nominated by him as aforesaid shall act as arbitratorhereunder.& the award of the arbitrator so appointed shall be final, conclusive and bindingon all parties to the agreement, subject to the provisions of the Arbitration and ConciliationAct 1996 or any statutory modification or re-enactment thereof and the rules made

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thereunder and for the time being in fore shall apply to the arbitrator proceedings under thisclause.

The venue of the Arbitration shall be Ahmedabad and the Courts at Ahmedabad shall haveexclusive jurisdiction.

The Consultant shall continue to perform their duties with diligence notwithstanding the factthat a dispute has been referred to arbitration or any dispute or difference has arisen.

It is also the term of the agreement that if the Consultant do not make demand for arbitrationin respect of any item in writing within 90 days of receiving intimation from the Authority thatthe final bill is ready for payment, the claim of the Consultant will be deemed to have beenwaived and absolutely barred and the Authority shall be discharged and released of allliabilities under the agreement in respect of this claims.

6.6 Number of Drawings sets, etc. and Copy RightAll the estimates, details of quantities, detailed designs, reports and any other detailsenvisaged under this Agreement, including drawing-architectural, structural, electrical, air-conditioning or other services (Internal & External) would be supplied by the Consultant asindicated above, but not less than four sets of prints and one reproducible copy in A-1 sizeand 3 sets of soft copy on DVD. All these drawings will become the property of the Authority.The drawing cannot be issued to any other person, firm or authority or used by theConsultant for any other project. No copies of any drawing or document shall be issued toany one except the Authority and his authorized representative.

6.7 GuaranteeThe Consultant shall agree to re-design at their cost any portion of their engineering anddesign work, which due to their failure to use a reasonable degree of design skill, shallbecome defective within one year from the date of start of regular use of the portion of thework affected. The Authority shall grant right of access to the Consultant to these portions ofthe work claimed to be defectives for inspection.

The Authority may make good the loss by recovery from the dues of the Consultants in caseof failure to comply with the above clause.

6.8 Determination or Recession of AgreementThe Authority without any prejudice to its right against the Consultant in respect of any delayby notice in writing absolutely may determine the contract in any of the following cases:-

i) If the Consultant being a Company shall pass a resolution or the court shall make an orderthat the company shall be wound up or if a receiver or a manager on behalf of the creditorshall be appointed or if circumstances shall arise which entitle the court or creditor to appointa receiver or a manager which entitles the court to make up a winding order.

ii) If the Consultant commit breach of any of the terms of agreement.

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When the Consultant have made themselves liable for action under any of the clausesaforesaid, the Authority shall have powers:

a) to determine or rescind the agreement;b) to engages another Architect(s) to carry out the balance work debiting the Architect(s) theexcess amount, if any, so spent.

6.9 General(1) The Authority may appoint Executing Agency for execution of the work. The Authority

/ Executing agency may issue instructions, if deemed necessary, to the architect inrespect of the work, and the architect shall comply with the instructions and extendfull cooperation/ coordination with the Corporation/ Executing agency in the interestof successful completion of the work.

(2) The scrutiny of the drawing and designs by the Authority’s own supervisory staff, ifany, does not absolve the Consultant of their responsibility under the agreement. TheArchitect shall remain solely responsible for structural soundness of the designs andfor all provisions of the contract so as to satisfy the particular requirement of theArchitectural specifications.

(3) The Consultant shall supply to the Authority copies of all documents, instructionsissued to Contractors, if any, relating to the work, drawing, specifications, bill ofquantities and also other documents as may be required.

(4) The Consultant hereby agree that the comprehensive consultancy fee to be paid asprovided herein will be in full discharge or functions to be performed by him and noclaim whatsoever shall be against the Authority in respect of any proprietary rights orcopy rights on the part of any other party relating to the plans, models and drawings.

In case any discrepancy is found later on in architectural work due to which executionof the project work on the basis of architectural work is not possible the final paymentshall be withheld.

The Consultant shall indemnify and keep indemnified the Authority against any suchclaims and against all costs and expenses paid by the Authority in defending himselfagainst such claims.

(5) The Consultancy fee shall not be subject to any escalation on any accountwhatsoever even for the extended period granted by the Authority to the consultant.

The Consultant shall, however, be compensated actual expenses incurred during theextended period of contract, if construction period runs beyond twelve months of thecompletion period as per the construction contract.

(6) All statutory deductions like Income Tax/Service Tax/GST etc. shall be deductedfrom the consultancy fee as per prevailing rules.

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(7) The time allowed for consultancy services to the Consultant shall be correspondinglyextended due to delays on any account in completing the works. The Consultantshall be expected to continue, to render their services till the completion of the worksinspite of the delays caused. However, they shall not be entitled for any extraremuneration, etc. other than the agreed fees. All losses and damages to theAuthority including the determined claims or the contractors due to fault or delaycaused by the Consultant or their staff shall be compensated by the Consultant. Thedamages shall be subject to confirmation by the CEO of the Authority.

(8) The Authority reserves the right to postpone or not to execute any work and theConsultant shall not be entitled to any claim for non execution of the work. In theevent of suspension of work by the Authority for any reasons and if the Authoritydoes not decide about the resumption of work within six months from the date ofsuspension, the remuneration for the quantum of services rendered by theConsultant upto the date of suspension shall be paid by the Authority in accordancewith the schedule of payment. If the services upto a certain stage had not been fullyrendered by the Architect the remuneration shall be released proportionate to theservices rendered upto that stage. On resumption of work the remuneration thus paidshall be adjusted against full remuneration allotted for that stage subject tocompletion of services pertaining to that stage.