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RFP

REQUEST FOR PROPOSAL


FOR

Architectural, Design and Project Management


Consultancy Services for
Construction of Shramodaya Vidhyalaya at Bhopal,
Indore, Jabalpur and Gwalior

NIT No. MPRDC/Procu./Work/249/2014/9031

Dated: 05.11.2014

November 2014

M.P. ROAD DEVELOPMENT CORPORATION LTD.


(Govt. of M.P. Undertaking)

45-A, Arera Hills, Bhopal (Madhya Pradesh) India

0755-2765196/ 2765205/ 2765213/ 2765216/2559728-29 (EPBEX)


Fax: 0755-2572643 / 2765192 Website: www.mprdc.nic.in

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RFP

CONTENTS
ARCHITECTURAL, DESIGN AND PROJECT MANAGEMENT
CONSULTANCY SERVICES FOR CONSTRUCTION OF
CONSTRUCTION OF SHRAMODAYA VIDHYALAYA AT
BHOPAL, INDORE, JABALPUR AND GWALIOR
SECTION

TITLE
NOTICE INVITING TENDER

SECTION 1
SECTION 2

LETTER OF INVITATION
INSTRUCTION TO CONSULTANTS
Electronic Tendering System- Guidelines

PAGE NO.
03-04
05
06-13
14-16

DATASHEET

17-19

ANNEXURE I

20-21

ANNEXURE II

22-23

SECTION 3

TECHNICAL PROPOSAL- STANDARD


FORMS

24-32

SECTION 4

FINANCIAL PROPOSAL- STANDARD


FORMS

33-37

SECTION 5

TERMS OF REFERENCE

38-48

SECTION 6

DRAFT FORM OF CONTRACT

49-51

SECTION 7

GENERAL CONDITIONS OF CONTRACT

52-58

SECTION 8

SPECIAL CONDITIONS OF CONTRACT

59-66

SECTION 9

APPENDICES I

67

APPENDICES II

68

Seal & Signature

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RFP

MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED


(Govt. of M.P. Undertaking)

45-A, Arera Hills, Bhopal 462 011, Madhya Pradesh

0755-2765196, 205, 213, 216 (EPBX), Fax : 0755-2572643, Website : www.mprdc.nic.in


Dated: 05.11.2014

NIT No. MPRDC/Procu./Work/249/2014/9031

NOTICE INVITING TENDERS


Madhya Pradesh Road Development Corporation Limited (MPRDC) Bhopal invites
online sealed tender for following work:
Sn.

Name of Work

Bid Security
(EMD)
(in Rs.)

Cost of
Bid
Document
(in Rs.)

1 Architectural, Design and


Project Management
Consultancy Services for
Construction
of
Shramodaya Vidhyalaya at
Bhopal, Indore, Jabalpur
and Gwalior

6.00 lacs

15,000/-

Period of Completion System


(i/c rainy season)
No.

6
months
for
Architectural
and
Design Consultancy +
24
Months
for
Construction work +
12 Months of Defect
Liability Period

221

The dates for purchase, submission, etc. are mentioned in the key dates. Tender forms
can be purchased online only upt o 1730 hrs . on 08.12.2014 from website
www.mpeproc.gov.in. The bidders have to submit the Financial Bids online only.
The Addendum/Corrigendum (if any) shall only be published on the website of
ww w. m p rd c. ni c.i n and/or ww w.m pe p ro c. gov .i n only. If holiday is declared by
Govt. of M.P. on the date of physical submission or on the date of opening, the same will
automatically be shifted to subsequent working days.
MPRDC reserves the right to accept/reject any/ all tenders without assigning any
reason thereof.
Managing Director

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RFP
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED
(Govt. of M.P. Undertaking)

45-A, Arera Hills, Bhopal 462 011, Madhya Pradesh

0755-2765196, 205, 213, 216 (EPBX), Fax : 0755-2572643, Website : www.mprdc.nic.in


NIT No./MPRDC/Procu./PMC/Shramodaya/

Date: /2014

Key Dates for e-Tendering for

S.No.

Particulars

Start Date &


Time

Expiry
(End) Date
& Time

Purchase of Tender

10.11.2014
1730 hrs.

08.12.2014
1730 hrs.

Online Bid Submission

09.12.2014
1730 hrs.

10.12.2014
1730 hrs.

Physical Submission (EMD,


Technical Bids) in the Office of
MPRDC

Pre-Bid Meeting in the Office


of MPRDC

Open Cost of Bid Document,


EMD & Technical / PQ bid

Open Financial / Price-Bid

Envelopes

Envelope A,
Envelope B,
Envelope C
Envelope A,
Envelope B

24.11.2014 at 1130 hrs.


11.12.2014
1030 hrs.

Envelope A,
Envelope B

18.12.2014
1030 hrs.

Envelope C

Dy. General Manager


(Procu.)

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RFP
SECTION 1 - LETTER OF INVITATION (LOI)
1. Govt. of Madhya Pradesh intends to construct Shramodaya Vidhyalaya building at
Bhopal, Indore, Jabalapur & Gwalior for Directorate Public Instruction (Lok
Shikshan Sanchalanalaya, Bhopal.. The main objective for construction of
Shramodaya Vidhyalaya is to provide Education to School Children for Class 6 to 12th
Standard. The Building should have class rooms, Hostels, Laboratory, Library,
Administrative office Play ground, Meeting Hall, Swing pool etc.
2. M.P. Road Development Corporation Ltd. (MPRDC), a company fully owned by Govt.
of M.P., has been assigned the execution of this work
3.

MPRDC (Employer) invites proposals to engage Consultants of repute for above work,
having a full fledged office, with proven experience for Architectural, Design and
Project Management Consultancy. The Consultancy assignment is broadly divided into
the following two major phases. The Consultant shall function as:
(A) Architect to do detailed Engineering Survey including Boring/Trial pit, obtain
approval from competent authorities for any permission related to the work, preparation
of detailed layout plan of complete scheme, design and prepare conceptual/working
drawings for Architectural, Structural & other allied services, preparation of Detailed
Cost Estimate, Bill of Quantities (BOQ), Bid Documents and Technical Specifications
for all works.
(B) Project Management Consultant as the Engineer which involves Project
Management in terms of Detailed Planning, Monitoring, Coordination with other
department/agencies, Supervision of Work , Contract Management, Quality Assurance,
Timely Engineering decision and approval thereof from Employer, Recording of
Measurement/Bills, Assisting in arbitration & litigation cases and all other necessary
steps/decision required for timely completion of Project.
More details on the Services are provided in the attached Terms of Reference.

4. CONSULTANTS PROPOSAL SUBMISSION


The Consultants are advised to understand fully the specific requirements of the
Architectural, Design and Project Management Consultancy Services for the work. The
Consultants are also advised to inspect the concerned project site and acquaint
themselves with the ground realities.
The Consultant submission should be focused to the project requirements as per
TOR details. The methodology to be submitted should address to the project site
requirements. All specific issues for which references have been made in the various
paras of the TOR should be addressed effectively. General nature descriptions should be
avoided. Details of the Services are provided in the attached Terms of Reference (TOR).
5. A firm will be selected on least Cost procedure described in the RFP.
6. The RFP includes the following documents:
Section 1 Letter of Invitation
Section 2Instruction to Consultant with Data Sheet & Annexure
Section 3 Technical Proposal -Standard Forms
Section 4Financial Proposal Standard Forms
Section 5Terms of Reference
Section 6Draft Form of Contract
Section 7General Conditions of Contract
Section 8Special Conditions of Contract
Section 9Appendices
Managing Director
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RFP
SECTION 2 - INSTRUCTIONS TO CONSULTANTS
1. INTRODUCTION
Definitions

1.1
1.2

1.3

1.4

(a)

Client/Employer means the person who invited this Request for


Proposal and whose name is mentioned in the Data Sheet.
(b) Consultant means any entity or person that may provide or provides the
Services to the Client under this 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), Terms of Reference and the Appendices.
(d) Contractor means the agency selected by the Client/Employer for
executing the civil works.
(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 Madhya Pradesh.
(h) Instructions to Consultants (Section 2 of the RFP) means the
document which provides Consultants with all information needed to
prepare their Proposals.
(i) LOI (Section 1 of the RFP) means the Letter of Invitation.
(j) Personnel means professionals and support staff provided by the
Consultant and assigned to perform the Services or any part thereof;
(k) Proposal means the Technical Proposal and the Financial Proposal.
(l) RFP means the Request For Proposal prepared by the Client for the
selection of Consultants.
(m) Services means the work to be performed by the Consultant pursuant to
the Contract.
(n) Terms of Reference (TOR) means the document included in the RFP
as Section 5 which explains the objectives, scope of work, activities, tasks
to be performed, respective responsibilities of the Client and the
Consultant, and expected results and deliverables of the assignment.
The Client/Employer named in the Data Sheet will select a firm among those
invited as per the Letter of Invitation in accordance with the method of
selection indicated in the Data Sheet.
The consultants are invited to submit Technical Proposals and Financial
Proposals for consulting services required for the Assignment named in the
Data Sheet. The last date of sale of document is specified in the Data Sheet. The
Proposal will be the basis for contract negotiations and ultimately signing of a
contract with the selected firm.
The Consultants should familiarize themselves with Local Conditions &
Bylaws and take them into account in preparing their Proposals. To obtain first
hand information on the Assignment and on the local conditions, consultants
are encouraged to pay a visit to the Clients/Employers office and project site
before submitting a Proposal, and to attend a pre-proposal conference if one is
specified in the Data Sheet. Attending the pre-proposal conference is optional.
The Consultants representative should contact the officials named in the Data
sheet to arrange for their visit or to obtain additional information on the preproposed conference. Consultants should ensure that these officials are advised
of the visit in adequate time to allow them to make appropriate arrangements.
The Client will provide the inputs specified in the Data Sheet.

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RFP
1.5

1.6

1.6.1

1.6.2

1.6.3

1.7
(a)

(b)

(c)

Consultant shall bear all costs associated with the preparation and submission
of their proposals and contract negotiation. The Client 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
Consultant.
The client requires that consultants provide professional, objective, and
impartial advice and at all times hold the Clients interest paramount, without
any consideration for future work, and strictly avoid conflicts with other
assignments or their own corporate interests.
A Consultant (including its Personnel) 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 Client.
For example, a Consultant hired to prepare engineering design for an
infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project.
A Consultant (including its Personnel) that has a business or family relationship
with a member of the Clients 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 client throughout the selection
process and the execution of the Contract.
Consultants have an obligation to disclose any situation of actual or potential
conflict that impacts their capacity to serve the best interest of their Client, or
that may reasonably be perceived as having this effect. Failure to disclose said
situations may lead to the disqualification of the Consultant or the termination
of its Contract.
It is the Clients policy that the consultants observe the highest standard of
ethics during the selection and execution of such contracts. In pursuance of this
policy, the Client:
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 the selection process or in contract
execution;
(ii)
fraudulent practice means a misrepresentation or omission of
facts in order to influence a selection process or the execution of a
contract;
(iii) collusive practices means a scheme or arrangement between two
or more consultants with or without the knowledge of the Client,
designed to establish prices at artificial, noncompetitive levels;
(iv)
coercive practices means harming or threatening to harm, directly
or indirectly, persons or their property to influence their participation
in a procurement process, or affect the execution of a contract.
will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for the contract in
question;
will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the firm has engaged in

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RFP

(d)

1.8
1.9

1.10

2.0
2.1

2.2

3.
3.1
3.1 A

corrupt or fraudulent practices in competing for, or in executing, a domestic


financed contract; and
will have the right to require that, in contract, a provision be included requiring
consultant to permit the Client to inspect their accounts and records relating to
the performance of the contract and to have them audited by authorized
representatives of Client.
The Consultant shall be aware of the provisions on fraud and corruption
Consultant shall furnish information on commissions and gratuities, if any, paid
or to be paid to agents relating to this proposal and during execution of the
assignment if the Consultant is awarded the Contract, as requested in the
Financial Proposal submission form (Section 4).
The Data Sheet indicates how long Consultant's Proposals must remain valid
after the submission date. The Client will make its best effort to complete
negotiations within this period. Should the need arise; however, the Client may
request Consultant to extend the validity period of their proposals. Consultants
who agree to such extension shall confirm extension of validity of the Proposal.
Consultants who do not agree have the right to refuse to extend the validity of
their Proposals.
CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
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, cable, telex,
facsimile, or electronic mail to the Clients address indicated in the Data Sheet.
The Client will respond by cable, telex, facsimile, or electronic mail to such
requests and will send copies of the response (including an explanation of the
query but without identifying the source of inquiry) to all invited consultants
who intend to submit proposals.
At any time before the submission of Proposals, the Client may for any reason,
whether at its own initiative or in response to a clarification requested by an
invited firm, modify the RFP documents by amendment. Any amendment shall
be issued in writing through addenda. Addenda shall be sent by mail, cable,
telex, facsimile or electronic mail to all invited consultant and will be binding on
them. The Client may at its discretion extend the deadline for the submission of
Proposals.
PREPARATION OF PROPOSAL
Consultants are requested to submit a Proposal (para 1.2) written in the
language(s) specified in the Data Sheet.
Earnest Money Deposit:
The applicant shall have to deposit an Earnest Money Deposit of amount
specified in the Data Sheet, in the form of Demand Draft of any nationalised
bank/Scheduled Bank favoring the name mentioned in the Data Sheet. This should
be kept in a separate envelop. If EMD is not found proper then the proposal shall
be treated as non responsive and shall not be evaluated further and hence shall be
rejected. The Consultant may submit the Bank Guarantee also from any
Nationalized Bank/Scheduled Bank in favour of the name mentioned in the Data
Sheet as Earnest Money Deposit as per the format attached as Appendices-II of
Section 9. The validity of the Bank Guarantee should be 28 days after the
expiration of the Applicant's Proposal (i.e. 208 days from the last date of
submission).

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RFP
3.2
3.3

Technical Proposal
In preparing the Technical Proposal, consultants are expected to examine the
documents comprising this RFP in detail. Material deficiencies in providing the
information requested may result in rejection of a Proposal.
While preparing the Technical Proposal, consultants must give particular
attention to the following:
(i)

3.4

3.4.1

If a Consultant considers that it may enhance its expertise for the


assignment by associating with other Consultants in a joint venture, it
may associate with other Consultants if so indicated in the Data Sheet.
In case of a joint venture, all partners shall be jointly and severally liable
and shall indicate who will act as the leader of the joint venture but
subject to approval of the client.
(ii)
For part of assignments on a staff time (man month) basis, the estimated
number of professional staff is given in the Data Sheet.
(iii)
On issue of the letter for contract negotiation, successful consultant shall
submit the curriculum vitae (CV) of professional staff during the
contract negotiation;
(iv)
Documents to be submitted by the Consultants as part of this assignment
must be in the language(s) specified in the Reference Paragraph 3.1 of
the Data Sheet.
The Technical Proposal should provide the following information using the
attached Standard Forms (Section 3).
(i)
A brief description of the Consultants organization and an outline of
experience in last 5 financial years and, in the case of joint venture, for
each partner, on assignments of a similar type & nature is required
(Section 3B). For each assignment, the outline should indicate duration
of the assignment, contract amount, and Consultants fee, completion
date etc. Information should be provided only for those assignments for
which the Consultant was legally contracted by the Client as a company/
firms/partner of a joint venture. Assignments completed by individual
Professional staff working privately or through other consulting firms
cannot be claimed as the experience of the Consultant, or that of the
Consultants associates, but can be claimed by the Professional staff
themselves in their CVs. Consultants must substantiate his experience
by submitting the requisite experience certificate from the client.
Experience certificate issued by the Principal Employer shall only be
accepted.
(ii)
Financial details Turnover through consultancy business, etc, as
required through format annexed in this regard (Section 3C).
(iii)
Any comments or suggestions on the Terms of Reference (Section 3D).
(iv)
A description of the methodology and work plan for performing the
assignment (Section 3E)
(v)
The list of the proposed staff team by specialty, the tasks that would be
assigned to each staff team member, and their timing (Section 3F).
(vi)
Deleted
(vii)
Deleted
Audio visual presentation by top Seven (7) ranked Consultants showing plan,
elevation and 3 dimensional view of external/internal arrangement of proposed
building.

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RFP
3.4.2
3.5

Audio visual Presentation by top Seven (7) ranked Consultants for best
illustrated completed building project of same type & nature.
The Technical Proposal shall not include any financial information. A
Technical Proposal containing financial information may be declared non
responsive.

Financial Proposal
3.6

3.7

3.8

In preparing the Financial Proposal, Consultants are expected to take into account
the requirements and conditions of the RFP documents. The Financial Proposal
should follow Standard Form (Section 4). It shall include all costs associated
with the Assignment, including remuneration for staff and other incidental
expenses; which is a major component of the assignment. The rates to be
quoted shall be inclusive of all taxes, duties, cess, etc. (Excluding Service
Tax). The rates are to be filled in Indian National Rupees only.
The Financial Proposal should clearly identify as a separate amount, the local
taxes (including social security), duties, fees, levies and other charges imposed
under the applicable law, on the Consultants and their personnel (other than
nationals or permanent residents of the Employers country); unless the Data
Sheet specifies otherwise.
The Consultant is required to quote rates, including all taxes and duties but
excluding service tax as below;
Architectural and Design Consultancy:- In terms of Percentage (%) of the
total value of works awarded to complete the project. However, till
finalization of the Work Contracts, the initial payment to the consultant as
per the schedule mentioned in the Terms of Reference will be made on the
basis of Probable Amount of Work and the balance amount, if any, will be
adjusted in subsequent payments based on the value of works awarded. This
shall include all office expenditure, traveling charges of experts/staff to
project site, offices of other departments in Bhopal or outside to obtain any
type of permissions/clearances , MPRDC office at Bhopal, all perks payable
to experts/staff, out of pocket expenses and any other charges payable to
experts/staff.
Project Management Consultancy: - In terms of remuneration of
professional field staff designated at S.No. 6 to 10 in Annexure-I on Man
month basis. Remuneration shall include Salary, all type of perks to be paid
by the firm to the staff, any type of taxes and all other incidental expenses to
be born by the staff.

3.9

The Financial Proposal should be submitted online only and shall not be
considered by any other mode.

4.

SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS


The original proposal (Technical Proposal) shall be prepared in indelible ink. It shall
contain no inter-lineation or overwriting, except as necessary to correct errors made
by the firm itself. Any such corrections must be initiated by the person or persons
who sign(s) the Proposals.
An authorized representative of the firm shall initials all pages of the Proposal. The
representatives authorization in original/notarized is confirmed by a written power
of attorney accompanying the Proposal.

4.1

4.2

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RFP
4.3

For each Proposal, the consultant should prepare the number of copies indicated in
the Data Sheet. Each Technical Proposal should be marked Original. If there are
any discrepancies between the original and the copies of the Proposal, the original
governs.

4.4

First envelop shall contain Earnest Money Deposit. The original and all copies of the
TECHNICAL PROPOSAL shall be placed in a sealed envelope clearly marked
TECHNICAL PROPOSAL The envelopes containing the EMD and Technical
Proposals shall be placed into an outer envelope and sealed. This outer envelope
shall bear the submission address, reference number and be clearly marked DO NOT
OPEN, EXCEPT IN PRESENCE OF THE OFFICIAL APPOINTED, BEFORE [insert the
time and date of the submission deadline indicated in the Data Sheet]. The Client
shall not be responsible for misplacement, losing or premature opening if the outer
envelope is not sealed and/or marked as stipulated. This circumstance may be case
for Proposal rejection. If the Financial Proposal is submitted physically, this will
constitute grounds for declaring the Proposal non-responsive. The completed
Technical Proposal must be delivered at the submission address on or before
the time and date stated in the Key Dates (Physical Submission (EMD and
Technical Bids) in the Office of MPRDC, Bhopal). Any Proposal received after
the closing time for submission of proposals shall be returned unopened.

4.5

At the time of opening of proposals, outer envelope shall be opened and the
envelope containing the EMD shall be opened first and if found in order the
Technical Proposal shall be opened by the evaluation committee. The date and time
of opening the Technical Proposal is specified in the Data Sheet/Key Dates. Online
Financial offers of the technically qualified firms shall be publicly opened.

5.

PROPOSAL EVALUATION

5.1

To assist in the examination, evaluation, and comparison of the Technical and


Financial Proposals, the Client may, at its discretion, ask any Consultant for a
clarification of its Proposal. Any clarification submitted by a Consultant that is not in
response to the request by the Client shall not be considered. The Clients request for
clarification and the response shall be in writing. No change in the substance of the
Technical Proposal or Financial Proposal shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the Client in the
evaluation. Any effort by the firm to influence the Client in the Clients proposal
evaluation, proposal comparison or contract award decisions may result in the
rejection of the consultants proposal.

5.2

General

Evaluators of Technical Proposals shall have no access to the Financial Proposals


until the technical evaluation is completed and finalized.
Evaluation of Technical Proposals

5.3

First Stage Evaluation :- The evaluation committee will evaluate the proposals on the
basis of their responsiveness to the Terms of Reference, applying the evaluation
criteria, and point system specified in the Data Sheet. A proposal shall be rejected at
this stage if it does not respond to important aspects of the Terms of Reference or if
it fails to achieve the minimum technical score indicated in the Data Sheet. Top (7)
seven ranked consultant shall be considered for the Second stage evaluation. EMD
of unsuccessful consultant shall be returned. Each responsive proposal will be given
a technical score based on the following criteria .
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RFP

Consultants relevant experience* in Architectural, Design and Project


Management Consultancy for same type and nature of Building Works (additional
points for winner of nation /international award in Architectural planning)
Consultants Turnover from consultancy services of similar nature of works during
the last three years.
The Approach and methodology proposed including Work Plan

5.4

Second stage Evaluation: - Top (7) Seven ranked consultants are required to
demonstrate Audio Visual Presentation for the proposed building and the best
illustrated completed project of same type & nature before the high power committee
appointed by the Govt. of M.P./Client along with the submission of the hard copy of
presentation on the date and time mention in the Data Sheet. Submissions done by
the consultants (Soft and Hard copy) shall be the property of employer. Consultants
qualified for this stage shall be paid an honorarium of Rs. 50, 000/- (Rupees Fifty
thousand only). Honrarium of successful consultant shall be adjusted from their fee
during the course of consultancy services.
5.4.1 The High Power Committee will evaluate the proposals on the basis of their
presentation and top three ranked consultancy selected for opening of their financial
offer.
5.5
The date and time of opening of the financial proposal is mentioned in the Key
Dates.
Public Opening and Evaluation of financial Proposals; Ranking
5.6

The opening date should allow Consultants sufficient time to make arrangements for
attending the opening. The financial proposals of non qualified firms (except top
three ranked firms) will not be opened.

5.7

The Financial Proposals shall be opened publicly in the presence of the consultants
representatives who choose to attend. The name of the consultant, the proposed
prices shall be read aloud and recorded when the Financial Proposals are opened.
The Client shall prepare minutes of the public opening.
The Evaluation Committee will correct any computational errors. When correcting
computational errors, in case of discrepancy between a partial amount and the total
amount, or between word and figures the formers will prevail. In addition to the
above corrections, as indicated under para. 3.6, activities and items described in the
Technical Proposal but not priced, shall be assumed to be included in the prices of
other activities or items. In case an activity or line item is quantified in the Financial
Proposal differently from the Technical Proposal, (i) if the Time-Based form of
contract has been included in the RFP, the Evaluation Committee shall correct the
quantification indicated in the Financial Proposal so as to make it consistent with
that indicated in the Technical Proposal, apply the relevant unit price included in the
Financial Proposal to the corrected quantity and correct the total Proposal cost, (ii) if
the Lump-Sum form of contract has been included in the RFP, no corrections are
applied to the Financial Proposal in this respect. The evaluation shall exclude those
taxes, duties, fees, levies, and other charges imposed under the applicable law;
The firm offered lowest Financial Proposal shall be invited for negotiations.

5.8

5.9
6.
6.1
6.2

NEGOTIATIONS
Negotiations will be held at the date and address indicated in the Data Sheet.
Negotiations will include a discussion of the Technical Proposal, the proposed
technical approach and methodology, work plan, and organization and staffing, and
any suggestions made by the Consultant to improve the Terms of Reference. The
Client and the Consultants will finalize the Terms of Reference, staffing schedule,
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RFP

6.3

6.4

6.5

7.
7.1

7.2
8.
8.1

work schedule, logistics, and reporting. These documents will then be incorporated
in the Contract as Description of Services. Special attention will be paid to clearly
defining the inputs and facilities required from the Client to ensure satisfactory
implementation of the assignment. The Client shall prepare minutes of negotiations,
which will be signed by the Client and the Consultant.
It is the responsibility of the Consultant, before starting financial negotiations, to
contact the local tax authorities to determine the local tax amount to be paid by the
Consultant under the Contract. The financial negotiations will include a clarification
(if any) of the firms tax liability in the Clients country, and the manner in which it
will be reflected in the Contract; and will reflect the agreed technical modifications
in the cost of the services. Unless there are exceptional reasons, the financial
negotiations will involve neither the remuneration rates for staff nor other proposed
unit rates.
Having selected the firm on the basis of least cost, the Client expects the submission
of CVs of the experts designated in the Proposal at the time of contract negotiation.
During contract negotiations, the Client will require assurances that the experts will
be actually available.
Negotiations will conclude with a review of the draft Contract. To complete
negotiations the Client and the Consultant will initial the agreed Contract. If
negotiations fails, the Client may invite the Consultant to negotiate a Contract whose
Financial Proposal is the second lowest.
AWARD OF CONTRACT
After completion of negotiations with the consultants, the Client shall award the
Contract to the selected Consultant. Within 15 days from the date of issue of Letter
of Acceptance and before signing the agreement, the selected consultant has to
submit a Performance Guarantee as mentioned in the General Conditions of the
Contract. If the selected Consultant fails to submit the Performance Guarantee within
the time prescribed above, the EMD of the selected consultant will be forfeited and
the proposal of selected consultant will be rejected. Once the agreement is signed
with the successful agency the EMD of all agencies shall be refunded.
The firm is expected to commence the Assignment on the date and at the location as
instructed by the client.
CONFIDENTIALITY
Information relating to evaluation of proposals and recommendations concerning
awards shall not be disclosed to the consultants who submitted the proposals or to
other persons not officially concerned with the process, until the winning firm has
been notified that it has been awarded the contract.

Page 13 of 69

RFP

Electronic Tendering System- Guidelines


01. Guidelines
02. Registration

These conditions will over-rule the conditions stated in the


tender/RFP documents, wherever relevant and applicable.
All the Bidders (Contractors/Consultants) are required to register on
the e-Procurement System on the website www.mpeproc.gov.int o
get tender forms online.

For more details please contact: Tata Consultancy Services, 5th Floor, D.B. Mall, M.P.Nagar,
Bhopal (M.P). Tel.: 18002748484,18002745454 08965065346,
03. Digital Certificate

08965022417, 0755-6500102 email: eproc_helpdesk@mpsdc.gov.in

The Bids submitted online should be signed electronically with a


Class III Digital Certificate to establish the identity of the Bidder
submitting the Bid online. The Bidders may obtain Class III Digital
Certificates issued by an approved Certifying Authority authorized by
the Controller of Certifying Authorities, Government of India.
A Class III Digital Certificate is issued upon receipt of mandatory
identity proofs alongwith an Application Form. Only upon the receipt
of the required documents, a Digital Certificate can be issued.
Note: It may take upto 10-12 working days for issuance of Class
III Digital Certificate, hence the bidders are advised to obtain
them at the earliest.
The Bidders may obtain more information and the Application Forms
required to be submitted for the issuance of Digital Certificate from
the Tata Consultancy Services, 5th Floor, D.B. Mall,
M.P.Nagar, Bhopal (M.P). Tel.: 18002748484,18002745454
08965065346,
08965022417,
0755-6500102
email:
eproc_helpdesk@mpsdc.gov.in
Important Note: Bid for a particular tender can be submitted
during the ONLINE BID SUBMISSION stage only using the
Digital Certificate that is used to encrypt the data and sign the
bid during the SUBMISSION stage.
In case, during the process of a particular tender, the bidder looses
his Digital Certificate because of any problem (such as
misplacement, virus attack, hardware problem, operating system
problem, etc.); he may not be able to submit his bid online.
Hence, the bidders are advised to keep their Digital Certificates in a
safe place under proper security to be used whenever required.
The digital certificate issued to the Authorised User of a Partnership
firm / Private Limited Company / Public Limited Company / Joint
Venture and used for online bidding will be considered as equivalent
to a no-objection certificate / power of attorney to that user.
In case of Partnership Firm, majority of the Partners have to
authorize a specific individual through Authority Letter signed by
majority of the Partners of the firm.
In case of Private Limited Company, Public Limited Company, the
Managing Director / any other Person (having designated authority
to authorize a specific individual) has to authorize a specific
individual through Authority Letter.
Unless the certificate is revoked, it will be assumed to represent
adequate authority of the specific individual to bid on behalf of the
Organisation for online tenders as per Information Technology Act

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04. Setup of Bidders


Computer System

05. Publishing of NIT

2000. This Authorized User will be required to obtain a Digital


Certificate. The Digital Signature executed through the use of Digital
Certificate of this Authorized User will be binding on the firm. It shall
be the responsibility of Management / Partners of the concerned firm
to inform the Certifying Authority, if the Authorized User changes,
and apply for a fresh digital certificate for the new Authorized User.
In order for a Bidder to operate on the e-Procurement System, the
Computer System of the Bidder is required to be set up for
Operating System, Internet Connectivity, Utilities, Fonts, etc. A help
file on setting up of the Computer System can be obtained from the
website: www.mpeproc.gov.in.
For the Tenders processed using the e-Procurement System, only a
brief Advertisement related to the Tender shall be published in the
newspapers and the Detailed Notice shall be published only on the
e-Procurement System. The contractors can view the Detailed
Notice and the time schedule for all the Tenders processed using
the e-Procurement System on the website www.mpeproc.gov.in.

06. Key Dates

The Bidders are strictly advised to follow the time schedule (Key
Dates) of the Tender for their side for tasks and responsibilities to
participate in the Tender, as all the stages of each Tender are
locked before the start time and date and after the end time and date
for the relevant stage of the Tender as set by the concerned
Department Official.

07. Purchase of
Tender Documents

The Tender/RFP documents can be purchased/downloaded


free of cost. However, at the time of submission, the bidder has
to pay the Cost of bid Document and Processing Fee online.
The Tender shall be available for purchase/download to concerned
eligible contractors immediately after online release of the Tender
and upto scheduled date and time as set in the key dates.
Arrangements have been made for the Bidders to make payments
online via Debit Card /Credit Card, Internet Banking. In case of
online tendering, the application form for the purchase of tender
documents shall not be required.
The cost of the Tender processing Fee and Tender Document will
not be refunded.

08. Submission of Bid

The Bidders have to prepare their Bids online, encrypt their Bid
Data in the Bid Forms and submit Bid in all the envelopes and
documents required to be uploaded related to the Tender as per the
time schedule mentioned in the key dates of the Notice Inviting
Tenders after signing of the same by the Digital Signature of their
authorized representative.
The Bidder shall submit the following in three separate envelopes
online:
1.
Bid Security (Scanned Copy)
-Envelope 'A'
2.

Technical Bid

-Envelope 'B'

3.

Financial Bid

-Envelope 'C'

Note: Bidders are required to submit the Original Bid Security in


Envelope - A and Technical Bids in Envelope 'B' physically. Both
the Envelopes should be marked "Bid Security/EMD" and
"Technical Bid" respectively and shall then be enclosed in one
single envelope. The same should be sealed and marked as
specified above. The Physical Envelope should be reached at the
Employer's Address not later than the date & time indicated in the
BDS. Scanned copies of the same are to be uploaded on Online.
In the Technical Bid, the Bidders are required to submit the
documents described above. However, the Financial Bids are

Page 15 of 69

RFP
to be submitted Online only and shall not be considered by
any other mode.
09. Withdrawal,
Substitution, and
Modification of
Bids
10. Opening of
Tenders

Bidder can withdraw, substitute or modify the bids after submission


till the bid submission end date and time by the Contractor.
MPRDC shall first open the Bid Security & Cost Tender Document
(Envelope-A) Online as well as Manually of all the Bidders and
verify the scanned copy of the Earnest Money Deposit & Cost of
Tender Document uploaded by the Bidders and check for the validity
of Earnest Money Deposit as required.
The concerned Official shall then open the Technical bid (Envelope- B)
submitted online as well as physical by the Bidders in the presence of the
Bidders or their authorised representatives who choose to be present in
the order of opening. The Financial bid of Technically Qualified bidders
will only be opened online.

11. Line Query System

For any further queries, Bidders may kindly contact,


1. Mr. Narendra Kumar , Chief Engineer
M.P.Road Development Corporation Ltd.,
45-A, Arera Hills, Bhopal (M.P) - 462 011
Telephone: +91 755 2765196/205/213/216
Facsimile number: +91 755 2572643
Electronic mail address: prcmprdc@mp.nic.in
2. Mr. Rajendra Khade, Dy. General Manager
M.P.Road Development Corporation Ltd.,
45-A, Arera Hills, Bhopal (M.P) - 462 011
Telephone: +91 755 2765196/205/213/216
Facsimile number: +91 755 2572643
Electronic mail address: prcmprdc@mp.nic.in
3. For e-tendering process:

Tata Consultancy Services,


5th Floor, D.B. Mall, M.P.Nagar, Bhopal (M.P).
Tel.: 18002748484,18002745454, 08965065346, 08965022417,
0755-6500102 email: eproc_helpdesk@mpsdc.gov.in

Page 16 of 69

RFP
DATA SHEET
(This Section consists of provisions that are specific to and supplement the information
or requirements included in Section 2 Instruction to Consultants)
Clause

Description

Reference

1.1
1.1

The name of the Client/Employer is : Madhya Pradesh Road Development


Corporation Ltd,
45-A, Arera Hills, Bhopal.
The method of selection is:
Least Cost Based Selection.

1.2

Name of Assignment :
Name of Work

Architectural, Design and Project Management


Consultancy Services for Construction of
Shramodaya Vidhyalaya at Bhopal, Indore,
Jabalpur and Gwalior

1.2

EMD (INR)

6.00 lacs

Last date of sale of document(Online only) :

Stipulated Time Period for


Assignment

6 months for Architectural


and Design Consultancy
+ 24 Months for Construct
work
+ 12 Months of Defect
Liability Period

As per Key Dates


1.3

Date, Time & Venue of pre-proposal conference :


Date 24.11.2014
Time : 1130 hrs.
Venue : Madhya Pradesh Road Development Corporation Ltd,
45-A, Arera Hills, Bhopal.

1.3

Contacting Person :
Dy. General Manager (Procurement)

1.4

Inputs provided by the Client are : NIL

1.10

The validity of proposal should be :


180 days after the date of submission.

2.1

Last date of receipt of clarification: 15 days prior to submission date.

2.1

Address for submission of clarification :


Dy. General Manager (Procurement)
Madhya Pradesh Road Development Corporation Ltd,
45-A, Arera Hills, Bhopal.

Page 17 of 69

RFP
3.1

The language in which the proposals should be submitted :


English

3.1 A

The amount of Earnest Money :


Rs. 6, 00, 000/- (Rupees Six Lacs only)

3.1 A

Name & Address to be mentioned on the EMD :


Managing Director
Madhya Pradesh Road Development Corporation Ltd,
Payable at : Bhopal.

3.3 (i)

For Joint Venture, Maximum Number of Partners is limited to 2 (two) only.

3.3 (ii)

The estimated number of professional staff required for the work is enclosed at
Annexure-II

3.3 (iii)

Minimum required experience of proposed Professional staff is enclosed at


Annexure-II.

3.7

The rates quoted under the financial proposal shall be inclusive of all statutory
duties, taxes, levies, octoroi, cess, etc. but excluding service tax. Consultants are
requested to consult tax consultants for details.

4.3

Number of Copies required for Technical & Financial Proposal :


The Bidder has to submit one original and one copy of Technical
Proposal Physically. The Financial proposal has to be submitted online
only. No. physical copy of Financial proposal should be submitted.

4.4

The proposal submission address is:


Managing Director,
Madhya Pradesh Road Development Corporation Ltd.,
45 A, Arera Hills, Bhopal.
0755-2765196/205/213/216 (EPBX)
The information on the outer envelope should also include:
"PROPOSALS FOR ARCHITECTURAL, DESIGN & PROJECT
MANAGEMENT CONSULTANCY SERVICES FOR SHRAMODAYA
VIDHYALAYA AT BHOPAL, INDORE, JABALPUR AND GWALIOR ".

4.4

Last date and time of submission of proposal : As per Key Dates

4.5

Date and time of opening of Technical Proposal:


As per Key Dates

5.3

Evaluation Criteria is enclosed at Annexure-I

5.3

Minimum Technical Score required for technical qualification :


Page 18 of 69

RFP
A firm to be qualified in the technical evaluation shall have to attain a
minimum technical score of 750 marks (75% of 1000).
5.4

The Date and Time of Audio Visual Presentation :


Intimated by separate letter.
Place : Meeting Hall
Madhya Pradesh Road Development Corporation Ltd.,
45 A, Arera Hills, Bhopal

6.1

The address for negotiation is:


Madhya Pradesh Road Development Corporation Ltd.,
45 A, Arera Hills, Bhopal.
0755-2765196/205/213/216 (EPBX)

7.2

The assignment is expected to commence immediately after the award of


contract or as directed by the Client at the project site.

Page 19 of 69

RFP
ANNEXURE-I

Evaluation Criteria for Technical Proposal


FIRST STAGE EVALUATION :Sn
I

(a) Consultants relevant experience* in Architectural, Design


and Project Management Consultancy for same type and
nature of Building Works
(b) Extra points for winner of national /international award in
Architectural planning

II
III

I.(a)

Description

Consultants Turnover from consultancy services


The Approach and methodology proposed including Work Plan
Total

Max.
Points
600
50
250
100
1000

CONSULTANTS RELEVANT EXPERIENCE (Maximum 600 Points)


Firms Experience in the Architectural, Design and Project management
consultancy services for same type & nature of Building work in last 5 years shall
only be considered. The minimum requirement for individual applicant or lead
partner (in case of JV) shall be that it should have completed architectural, Design
and Project management consultancy services for at least two same type & nature of
Building work for an amount of Rs. 23.00 Crores or three works of same type and
nature for an amount of Rs.17.00 Crores each in last 5 years. In case of Joint
Venture, all members except lead member should fulfill 50% of the criteria
mentioned for the lead partner. The experience certificate issued by the Principal
Employer will only be considered. Higher scores will be given to a firm which has
more experiences for projects with relevant nature.
Same type of work shall be the Successful completion of Design,
Architectural and Project Management Consultancy for an office building
projects/School Building/ other commercial projects which inter-alia include
renovation/construction/new construction of Civil, Mechanical, Electrical, Interior,
Exterior, Air conditioning, Fire fighting, Lifts, Communication system, IBMS work,
Horticulture and all other appurtenant jobs required for smooth functioning of the
building.
Work such as Factory premises, Highway/Road projects, Bridges and
Flyovers, will not be considered as similar works. Similarly providing only
Design/Architectural Consultancy or providing only Project management
Consultancy will not be considered as similar work.

I.(b)

Extra points for winner of national /international award in Architectural


planning (maximum 50 points)
Completed Building Project which has been submitted by the Consultant in the
National/International Competition and has been declared as Winner shall be given
extra marks. Higher scores will be given to a firm which has more awards for
national /international award in Architectural planning.

Note: More than one awards for a single project shall be treated as one award
only.

Page 20 of 69

RFP
II.

Consultants Turnover from consultancy services of building work : (Maximum


250 Points)
The Average of Annual Turnover from consultancy services of building
works for the last 3 years of the consultant should be minimum Rs. 5.00 Crore The
consultant is required to submit Audited Balance Sheet and Certificate issued by
Chartered Accountant for his claim of receiving consultancy services from building
work mentioning name of the assignment and the fee received for consultancy
services.. Higher scores will be given to a firm which has more turnover.

III.

APPROACH AND METHODOLOGY (100 Points)


A.
Understanding of Objectives (20 points)
Criteria: General understanding of the project requirements; coverage of
principal components as requested in TOR; and site visit assessment.
B.

Quality of Methodology (30 points)


Criteria: The degree to which the consultant presented written
methodology/approach addresses the requirements of the TOR.

C.

Innovativeness/Comments on Terms of Reference (10 points)


Criteria: Suggestions, which could improve the quality of the project.
Factors to consider: Points will be given for workable suggestions
proposed. No innovativeness will be given zero points.

D.

E.

Work Program (20 points)


Criteria: A work program showing graphical presentation of activities (bar
chart); an organization chart showing the relationship of the Client, the
Consultant and the Civil Works contractor.
Personnel Schedule (20 points)
Criteria: Relationship between required person-months and proposed work
program.

Second Stage Evaluation:- Top7 ranked consultant shall be invited for second stage
I.

PRESENTATION ON PROPOSED BUILDING (Maximum 300 points)

II.

PRESENTATION ON BEST ILLUSTRATED


BUILDING PROJECT (200 points)

COMPLETED

Financial Bid of Top 3 ranked consultant shall be opened.

Page 21 of 69

RFP

Annexure-II
BROAD QUALIFICATION AND EXPERIENCE REQUIREMENTS
OF PROFESSIONAL STAFF
Broad qualifications and experience of the professionals given below are clients' perception
in respect of the specific requirement of the project. Consultants are advised to prepare the
CVs of their proposed personnel specifically highlighting the qualification and experience in
the related area of expertise as per requirements. The CVs should also highlight higher
education, training and publication of technical papers etc., by the personnel in the related
field as well as their experience in providing training in the related fields. The CVs of the
proposed personnel should reflect size of the project handled in terms of costs, duration for
which services were provided, type of contract document used etc. Broadly speaking,
qualification and experience higher than the minimum requirement will be given higher
weightage.
TABLE 1
Sn.

Particulars

No. of
Persons

Minimum
Qualification

Minimum
Experience

Duration
Requirement

Deduction
per day for
non
deployment
-

Principal
Architect
Cum Team
Leader

01

Bachelors in
Architecture
and
Membership in
Council of
Architecture or
Indian Institute
of Architects

15 years
(5 yrs in
Building
Projects)

Full duration
(Intermittently)

Structural
Design
Engineer

01

M.Tech/ME in
Structural
Engineering

Full duration
(Intermittently)

Design
Electrical
Engineer and
BMS Expert

01

B.E. Electrical

As and when
required
(Intermittently)

Assistant
Engineer
(Civil)

04

Bachelors
Degree in Civil

Full Time
(24 Months)

Junior
Engineer
(Electrical)

04

Bachelors
Degree in
Electrical

Assistant
Architect

04

Bachelors
Degree in
Architecture

10 years
( 5 yrs in
Building
Projects)
10- years
( 5 yrs in the
field of
Electrical
design of
Buildings
10 years
( 5 yrs in
Building
Projects)
7 years
(5 yrs in
Building
Projects)
05 years
(3 yrs in
Building
Projects)

1.25 times
the
Remunerati
on quoted
1.25 times
the
Remunerati
on quoted
1.25 times
the
Remunerati
on quoted

Full Time
(24 Months)
10 Months

Page 22 of 69

RFP
7

Field
Engineer

04

Diploma in
Civil

Lab
Technician

04

Diploma in
Civil/BSc

5 years
(3 yrs in
Building
Projects)
5 years
(3 yrs in the
field of
Material
Testing)

Full Time
(24 Months)
Full Time
(24 Months)

1.25 times
the
Remunerati
on quoted
1.25 times
the
Remunerati
on quoted

Note:
1. It is desirable that the majority of the professional staff proposed be permanent
employees of the firm or have an extended and stable working relation with it.
2. At least two CVs for each proposed following Professional Staff shall be
submitted at the time of contract negotiation. Professional staff securing 750 or
more marks shall be called for personal interview with all original documents. If,
for any designation, no Professional staff secures 750 or more marks, new CVs
shall be submitted. Professional staff selected in interview can only be deployed
for his respective assignment on this project.
Each expert is to be evaluated against the tasks assigned in accordance
with following three main criteria:
(i) General qualification: (20%)
(ii) Total, Relevant Task and Project related experience: (75%)
(iii)Permanent Employment : (5 %) Only if they have worked for the current
employer on a regular/permanent full-time basis continuously for the last 12
months.
3. Maximum age limit for all professionals is 60 Years.
4. Input of Professional Staff at Sn. 3, 4, 5 shall be for full duration during the
Architectural, Design Consultancy period and thereafter intermittently as and
when required during the execution of their related work.
5. Remuneration of Professional Staff at Sn. 1 to 5 and any other Professional
expert, in addition to above mentioned, shall be included in the Fee quoted for
Architectural, Design Consultancy.
6. Professional Staff at Sn. 1 to 5 are expected to visit the Project Site at regular
interval during the execution of their related work to ensure the execution of
work as per specification.
7. Professional Staff at Sn. 1 to 5 are expected to be present during the inspection of
Employers authority.

Page 23 of 69

RFP
SECTION 3. TECHNICAL PROPOSAL STANDARD FORMS
3A

Technical Proposal submission form

3B

Firms references

3C

Consultants Turnover from Consultancy Services.

3D

Comments and suggestions on the Terms of Reference .

3E

Description of the methodology and work plan for performing the assignment

3F

Team composition and task assignments

3G

Format of Curriculum Vitae of proposed professional staff

3H

Activity (work) schedule.

Page 24 of 69

RFP
3A.

TECHNICAL PROPOSAL SUBMISSION FORM (on letter head of the firm)

To,
The Managing Director,
M.P. Road Development Corporation Ltd.
45-A, Arera Hills, Bhopal (M.P.)
Subject: Technical proposal for Architectural, Design and Project Management
Consultancy Services for Construction of Shramodaya Vidhyalaya at Bhopal, Indore,
Jabalpur and Gwalior.
Sir/ Madam,
We, the undersigned, offer to provide the consulting services for Architectural,
Design and Project Management Consultancy Services for Construction of Shramodaya
Vidhyalaya at Bhopal, Indore, Jabalpur and Gwalior in accordance with your Request for
Proposal dated ............... We are hereby submitting our Proposal, which includes
Technical Proposal and a Financial Proposal sealed under a separate envelope.
If negotiations are held during the period of validity of the Proposal, we undertake
to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject
to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,

Authorised Signatory
Name and Title of Signatory:
Name of Firm:
Address:

Page 25 of 69

RFP

3B-FIRMS REFERENCES
Relevant Services Carried out in the Last Five Years
Which Best Illustrate Qualifications
Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within
an association/JV, was legally contracted.
Assignment Name:

Country with location:

Assignment Period :

Cost of Project (Construction) in INR:

Name of Employer :

Address with Telephone No. & Fax No.:

Actual
Start Actual Completion Value of Consultancy Services Received
(Date /Month / (Date/ Month / (In INR):
Year)
Year)
No. of Staff Provided by the Firm:
No. of Staff Months Provided by the Firm:
Name of Association Firm(s) if any :

Address with Telephone No. & Fax No of


the Association Firm.:

No. of Professional Staff


provided by Associated Firm(s)

No. of Staff Months Provided by the


Associated Firm:

Approx. Value of Services given by Approx. Value of Services given by the


the Consultant (In INR) :
Associated Firm (In INR) :
Name of Senior Staff (Project Director / Coordinator, Team Leader, etc.) of the
consultant involved and functions performed:
Narrative Description of Project :
Description of Actual Services Provided by the consultants Staff :

Signature of Authorized Representative


(Certificate from Principal Employer regarding experience should be furnished)

Page 26 of 69

RFP
3C.

CONSULTANTS ANNUAL TURNOVER

ANNUAL TURNOVER DATA FOR THE LAST 3 YEARS


Year

Amount (in INR)

2011-2012
2012-2013
2013-2014
Average

Note : In support of the Annual Turnover, copy of the Audited Financial


Statement/Turnover Certificate duly certified by a Registered Chartered
Accountant should be enclosed.

Signature of Authorized Representative

Page 27 of 69

RFP

3D.

COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS


OF REFERENCE

On the Terms of Reference


1
2
3
4
5

CONSULTING FIRMs NAME:

3E.

DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR


PERFORMING THE ASSIGNMENT

Page 28 of 69

RFP
3F.

TEAM COMPOSITION AND TASK ASSIGNMENTS

1.

Personnels:
Sn.

Name

1.

To be
assigned later

Position
Principal Architect Cum
Team Leader

Structural
Engineer

Design
Engineer
Expert

Assistant
(Civil)

Engineer

Junior
(Electrical)

Engineer

6
7
8

Task

Design
Electrical
and BMS

Assistant Architect
Field Engineer
Lab Technician

Page 29 of 69

RFP
3G.

FORMAT OF CURRICULUM VITAE (CV)*


FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:__________________________________________________
Name of Firm: ______________________________________________________
Name of Staff;______________________________________________________
Professional Qualification:_____________________________________________
Date of Birth________________________________________________________
Nationality_______________________
Years with Current Firm/Entity _________________________
Membership in Professional Societies _____________________________________
Detailed Tasks Assigned _______________________________________________Key Qualifications:
(Give an outline of staff members experience and training most pertinent to tasks an
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page).
Education
(Summarize college/university and other specialized education of staff member, giving
names of schools, dates attended ,proof of degrees obtained and documentary evidence of
age proof)
Employment Record
(Starting with present position, list in reverse order every employment held). List all
positions held by staff member since graduation, giving dates, names of employing
orgnizations, titles of positions held, source of funding for the projects handled, types of
activities performed and client reference, where appropriate.)
Languages :
(For each language indicate proficiency excellent, good fair or poor, in speaking reading
and writing)

Page 30 of 69

RFP
Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be precise
and accurate. The information in the summary will have bearing on the evaluation of
the CV).
A)

Education:
i)
Field of Diploma/Graduation and year
ii)
Field of Graduation/Post graduation and year
iii)
Any other specific qualification

B)

Experience
Total experience in Building Project:
Responsibilities held :
S.No.

Position Held

____________ Yrs
Period

From

To

Assignment period

Undertaking :
I, the undersigned certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience. Further I certify that I am available for
the assignment and shall be willing to work for the client for the entire duration of the
position. I have also not left any ongoing project of the client with out its approval and
have not been debarred by the client in past.
Date (Day/Month/Year) :________
Signature of staff member

Signature of Authorized representative of


the Firm

Full name of staff member

Full name of authorized representative

Note:- CVs should be originally signed in blue ink on each page by both the proposed
professional staff and the authorized representative of the firm along with the proof of age
and qualification. Key information should include number of years working for the
firm/entity, and degree of responsibility held in various assignments. Photocopy or unsigned
CV shall not be considered.

Page 31 of 69

RFP
3H.

ACTIVITY (WORK) SCHEDULE

A Field Investigation and Study Items


S.No.

Item of
Monthwise Program (in form of Bar Chart)
st nd
Activity (work) [1 , 2 , etc. are months from the start of assignment]
1st 2nd 3rd 4th 5th 6th

Reports (for each Work contract package)

Frequency

1. Monthly Progress report

Every month
By 10th of following Month (3 copies)

2. Quarterly Progress Report

Every Quarter
By 10th day of April, July, October and
January
(3 copies)

3. Supervision Manual

At commencement time (3 copies)

4. Completion report

On completion of construction (3
copies)

5. Final Completion Report & CD

Once
On completion of Defect Liability
Period(3 copies)

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SECTION 4. FINANCIAL PROPOSAL STANDARD FORM
(On letter head of the firm)
(Location, Date)
To,
The Managing Director,
M.P. Road Development Corporation Ltd.
45-A, Arera Hills, Bhopal (M.P.)
Subject:
Financial Proposal for Consultancy services for Architectural
Consultancy and Project Management Consultancy Services for Construction of
Shramodaya Vidhyalaya at Bhopal, Indore, Jabalpur and Gwalior
.
Sir/Madam,
We, the undersigned offer to provide the services for Architectural, Design and
Project Management Consultancy for Construction of Shramodaya Vidhyalaya at
Bhopal, Indore, Jabalpur and Gwalior in accordance with your Request for Proposal
dated .(Date).. and our proposal (technical & financial).
Our Total financial quote for this job is as under:

Particular
Total Cost for Architectural, Design
and
Project
Management
Consultancy Services including all
taxes, duties, cess, etc. but
excluding service tax

Amount (INR) in
figure

Amount (INR) in words

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


resulting from contract negotiations, up to expiration of the validity period of the Proposal
i.e. [Date].
We undertake that in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption in force in
India namely Prevention of Corruption Act 1988. No commission or gratuity of any kind
is included in the proposal as it is not allowed.
We understand that you are not bound to accept any Proposal you receive.
Yours sincerely,
Signature Authorised Person
Name and Title of Signatory:
Name & address of Firm:

Page 33 of 69

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4A.

SUMMARY OF COSTS

No.

Description

Architectural and Design


Consultancy Fee
Project Management
Consultancy Fee (Remuneration
for professional Staff)
TOTAL COST (Including all
Taxes but excluding Service
Tax)

II

Amount in
figures (in INR)

Amount in words
(in INR)

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

(Signature of Authorized Signatory)

Page 34 of 69

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MPRDC

4B BREAKUP OF COSTS

I. ARCHITECTURAL AND DESIGN CONSULTANCY:S.No.

Particular

Architectural and Design Consultancy


Fee Shramodaya Vidhyalaya at Bhopal

Fee for Replication of Architectural


Consultancy
of
Shramodaya
Vidhyalaya at Bhopal Bhopal with
ancillary work mentioned in subclause 2.5 of TOR such as soil
investigation, geo-technical survey,
preparation of concept plan, drawings,
budget, etc. for the location at Indore.
Fee for Replication of Architectural
Consultancy
of
Shramodaya
Vidhyalaya at Bhopal Bhopal with
ancillary work mentioned in subclause 2.5 of TOR such as soil
investigation, geo-technical survey,
preparation of concept plan, drawings,
budget, etc. for the location at
Jabalpur
Fee for Replication of Architectural
Consultancy
of
Shramodaya
Vidhyalaya at Bhopal Bhopal with
ancillary work mentioned in subclause 2.5 of TOR such as soil
investigation, geo-technical survey,
preparation of concept plan, drawings,
budget, etc. for the location at Gwalior

PAC

Percenta
ge on
PAC( in
INR)

Amount in
figures (Rs)

23.00
Crore
23.00
Crore

23.00
Crore

23.00
Crore

Total

Note :- 1. The Fee shall be calculated on the basis of Probable Amount of works
initially. Any increase/decrease in Probable Amount of works in
comparison to the awarded value shall subsequently be regulated in line
with awarded value of works.2. This shall include which Architect,
Design and Project Management Consultancy Firm have to incur to
prepare the design and drawings of Civil, Electrical, Mechanical, Air
Conditioning, Intelligent Building Management System, Fire
fighting/Security System, Land Scaping and all other allied services
required to complete the work in all respect including preparation of
BOQ, Bid Document, Technical Specification etc. including cost of
Page 35 of 69

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MPRDC
engaging specialist Consultants for any of these services. Firm has to
submit detailed schedule of payment, on award of work, based on
different services required to be rendered and get approval of the
Employer for reimbursement of claim under this head. The payment will
be regulated according to the approved schedule of payment subjected to
satisfactory completion of particular services.
2.

This shall also include expenditure likely to be incurred on office


furniture*, office equipment**, electricity, other equipments necessary
for site and required for executing the job, water supplies, vehicles for
office and field visits, office support staff, all traveling expenses of all
personnel, stationery required for regular office use, reporting,
documentation etc.
* Office furniture shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table
with chairs, white boards, sofa set etc.
** Office equipments shall comprise Consultants office items like
plotter, laser printer, photo copy machine, external CD writer, lap
top, camera, SLR, generator, refrigerator etc.

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MPRDC

II. PROJECT MANAGEMENT CONSULTANCY FEE (REMUNERATION


FOR PROFESSIONAL STAFF)
Sn.

Designation of
Professional Staff

Man
months

No. of
Persons

Assistant
Engineer (Civil)

24

04

Junior Engineer
(Electrical)

24

04

10

04

24

04

24

04

3
4
5

Assistant Architect
Field Engineer
Lab Technician

Remuneration
Rate per Man
month in INR

Total Remuneration Amount


(INR)
in figure

in words

Subtotal for Professional staff (B)

Name & Signature


of Authorized Signatory
With Seal of the Firm

Page 37 of 69

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MPRDC

Form in which bills for monthly payment are to be presented


I
II

Architectural, Design
Consultancy Fee
Project Management
Consultancy Fee (Remuneration
for professional Staff)

Percentage/No.

Rate in (INR)

Amount (in INR)

Total

Minus
Advance Repayment

Total Payment due


Accumulated Total

Name & Signature


of Authorized Signatory
With Seal of the Firm

Page 38 of 69

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MPRDC

SECTION 5, TERMS OF REFERENCE (TOR)


1.

BACKGROUND

Directorate Public Instruction (Lok Sikshan Sanchalanalaya) Bhopal has


entrusted MPRDC to act as Nodal agency for Construction of Shramodaya
Vidhyalaya at Bhopal, Indore, Jabalpur and Gwalior.
MPRDC, a company fully owned by Govt. of Madhya Pradesh intends to
engage a Consultant for Architectural, Design and Project Management Consultancy
Services for construction of Shramodaya Vidhyalaya at Bhopal, Indore, Jabalpur and
Gwalior. The Probable amount of Civil Work for each Shramodaya Vidhyala shall be
Rs.23.00 Crores.

1.1

Building Location
The location of Plot is at Bhopal, Indore, Jabalpur and Gwalior.

2.1

It is proposed to engage highly qualified Consultants with proven relevant


experience for construction of same nature of work.
The EMPLOYER will be the Executing Agency for this project. The work will
be executed as deposit work by MPRDC (which is premier agency of the
Government of Madhya Pradesh engaged in Development of Infrastructure in
Madhya Pradesh).

2.2

2.3

Requirement of Minimum services to be rendered by the Consultant.


(i) To prepare detailed layout plan of complete scheme, design and prepare
conceptual and working drawings for Architectural, Structural & other
allied services, specifications, detailed cost estimates, Bill of Quantities
(BOQ), Bid documents etc for all works.
(ii) Obtain all approvals from statutory authorities.

(iv) To assist MPRDC in Bid Invitation, appointment of contractor.


(v)
To act as representative, supervise and monitor the
renovation/construction work with a view to ensure quality and
timely completion of work(s).
(vi)
To check & verify the measurement of work(s) of contractor (s) as
per set norms & procedures and propose it to the executing agency
for realization of bills.
2.4
Broad construction requirements :The consultant has to design the building taking into account the maximum
height limitations and maximum FSI (floor space index) at the existing building
locality. The vision of the employer is to have following additional amenities
2.5

Broad Scope of Work of the Professional firm:The selected Consultant is required to do detailed Engineering Survey
including Boring (at least one Bore upto 20 meter depth)/Trial pit, obtain approval
from competent authorities for any permission related to the work, preparation of
Page 39 of 69

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MPRDC
detailed layout plan of complete scheme, design and prepare conceptual/working
drawings, elevation proposals with 3D modeling & renders for Architectural,
Structural & other allied services, preparation of Detailed Cost Estimate, Bill of
Quantities (BOQ), Bid Documents and Technical Specifications for Shramodaya
Vidhyalaya at Bhopal. For other location, the architectural shall be replicated with
suitable modifications as per availability of land, soil survey, geotechnical
investigations, etc. as mentioned below. The Consultant has to submit separate
concept plans, drawings, budgets, Bill of Quantities for each location. However, as
regards Project Management Consultancy, the selected Consultant has to deploy
separate team for each location.

The scope of work of the Consultant may include but not limited to the following.
i. Arranging site survey and all Geo-technical investigation required for structural
design and other purposes, soil investigation etc.
ii. Preparation of Inception reports
iii. Preparation of Concept/Master Plan (2-3 proposal till the satisfaction of
employer)
iv. Preparation of Detailed Project Report on the basis of various proposed schemes
v. The consultant has to prepare sections and elevation drawings of all items, 3D
view/model/computer walk through etc for work(s).
vi. Preparation of budget estimates for review and administrative approval
vii. Preparation of detailed Bill of Quantities, detailed estimates and drawings for
review and approval.
viii. Rate analysis of all the items on the basis of CPWD/MORTH and latest PWD
schedule of rates and for items not covered by PWD SOR, on the basis of
market rate with supporting documents in the standard format/pattern
ix. Preparation of tender documents including tender drawings, BOQ, technical
specification, furnishing copies in sufficient numbers to enable MPRDC call
for tenders.
x. Evaluation of tenders and preparation of tabulation, taking up clarification and
submitting recommendation to MPRDC for award of work.
xi.
Issue of good for construction drawings to the contractor after award of
work.
xii. Site Management and supervision of work at site and quality control by
engaging qualified and experienced site personnel.
xiii. Taking joint measurement of works completed and certification of
Bills for payment by MPRDC.
xiv.
Progress monitoring, reporting and preparing / advising action plan for
expediting the work.
xv. Advising on safety measures.
xvi. Preparation of time lines and programme for project implementation.
xvii. Liaising with Government and local bodies.
xviii. Providing all assistance for statutory approvals.

Page 40 of 69

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2.6

MPRDC
EMPLOYER now invites proposals to engage Consultants of repute with
proven experience for Architectural Consultancy and Construction Management
for the above work.

3. SCOPE OF WORK:
The scope of consultancy services for each major areas includes, but
shall not be limited to following activities broadly divided into the following two
major phases. The Consultant shall function as
(1) Architect to do detailed Engineering Survey including Boring (at least one
Bore upto 20 meter depth)/Trial pit, obtain approval from competent authorities for
any permission related to the work, preparation of detailed layout plan of complete
scheme, design and prepare conceptual/working drawings, elevation proposals with
3D modeling & renders for Architectural, Structural & other allied services,
preparation of Detailed Cost Estimate, Bill of Quantities (BOQ), Bid Documents
and Technical Specifications for all works.
(2) Project Management Consultant as the Engineer which involves Project
Management in terms of Detailed Planning, Monitoring , Coordination with other
department/agencies, Supervision of Work , Contract Management, Quality
Assurance, Timely Engineering decision and approval thereof from Employer,
Recording of Measurement/Bills, Assisting in arbitration & litigation cases and all
other necessary steps/decision required for timely completion of Project.
3.A.
1.
2.
3.
4.
5.
6

7.
8.
9.

ARCHITECTURAL AND ALLIED SERVICES


Preparation of Three alternative sketch design plant elevation of the proposed
work.
Timely Preparation of final Arch & allied works Drawing and submission of
drawings.
Obtaining statutory approval of local/govt. authorities i.e. corporation
Electricity board Fire department, Lift safety etc. Payments made to local/govt.
department by consultant shall be reimbursed by MPRDC.
Prepare of stage-I and detailed estimate, Bill of Quantities and specification and
also tender document in the approved tender forms of MPRDC.
Assist MPRDC in pre-qualification and selection of tenderer. The consultant is
required to furnish technical clarification/explanation on specific quarries of
bidder during pre-bid meeting.
Preparing working drawing and detailing of entire work including detailing for
interior design, furniture design, electrification, plumbing, sanitary, acoustic,
Lift, HVAC, IBMS, CCTV, Access Control, PA System, Fire fighting, Water
harvesting, Landscaping, Graphic signage and Sewage and garbage disposal
systems and external development, water connection plan from Municipal
Corporation..
Maintain periodical site visit and monthly site meetings
Preparation of time schedule for completion of project and revision thereof if
needed.
Obtain completion certificate from local authorities, like Final completion
drawing from Bhopal Municipal Corporation, fire fighting certificate.
Page 41 of 69

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MPRDC

10.

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


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

3.B.
1.

DESIGN / TECHNICAL
The scope of work shall include preparation of detailed structural design of
Building and other services. All structural design shall be got vetted by
structural Engineering department of MANIT, Bhopal or any other reputed
engineering collage suggested by MPRDC.
Consultant shall insure that all design and drawing are prepared in
accordance with relevant by-laws of statutory authority, Indian Electricity act
and Indian standard specification.

The consultant shall engage MANIT, Bhopal or any other reputed


engineering collage suggested by MPRDC as proof consultant for structural
work/. All structural drawings shall be provided to the
contractor/employer after vetting by the proof consultant and with
specific certificate that the design being provided is economical,
optimum, earthquake resistant and safe and is in accordance with the
upto date and relevant IS Code. However, the consultant shall be
fully responsible for the correctness and accuracy of structural/ services
and drawings notwithstanding the approval by the employer. Adequate
scope for future expansion, in case of possible improvement in building
bylaws in due course, must be included in the design before finalization.
3. C.
1.
2.

3.
4.
5.

6.
7.

QUALITY CONTROL
To finalise construction related procedures such as Technical Specifications,
Construction Practices and Quality Assurance.
To prepare, submit and implement a system of Quality Assurance of works;
ensure quality of materials and sources of materials; formulate and implement
sampling and testing procedure and Quality Control measures to ensure required
standards and consistency in quality.
Supervise & approve the setting up of laboratory (including calibration of
equipments) and field tests carried out by the Contractor. Consultant has to get
conducted 100% of the field test in their presence.
Undertake special tests of materials and/or completed works, undertake removal
and substitution of improper materials and /or works as required.
To issue orders for Stoppages of part of work or removal of any unapproved /
rejected work or materials and also covering work which has not been inspected
for acceptance or rejected as unacceptable from site forthwith, recording
reasons for rejection etc.
To advise Employer on progress and quality of the works being executed by the
contractor on Monthly basis in the form of Monthly Progress Report, to the
satisfaction of employer.
Inspect and approve the materials at site as per specifications before they are
used in work.
Page 42 of 69

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MPRDC

8.

Inspect the execution and performance of the work with regards to


workmanship compliance with specifications and all other testing required for
acceptance any item of Work.

3.D.
1.

CONSTRUCTION SUPERVISION
To supervise and monitor that the construction works are in accordance with the
approved technical specifications, Environmental provisions and other
stipulation of contract documents. The construction methods proposed are in
compliance with the stipulations particularly, in relation to construction
equipment and other resource deployment.
To scrutinize and certify whenever required, contractors materials
reconciliation statements prepared by contractor.
To supervise all site work(s), to approve the actions taken by the contractor and
works executed by the contractor. Employer shall take suitable action on the
suggestions deemed fit/all deviations, in terms of, as pointed out by the
Consultant.
A detailed list of pending defects to be carried out by the Contractor will be
handed over to Employer before withdrawal of manpower by the Consultant, in
case of fore closure of the Consultant/contract agreement.
Whenever final measurements are to be made, the Consultants Team Leader
will inform the contractor and Employer 7 days in advance, the Employer may
authorized his representative who will be empowered to participate and check,
if so wishes, any measurements.
Getting the rectification of defects (if any) in the works carried out through the
respective contractor till payment of Final Bill.
Defect Labiality Period is 1 year after the completion.
During the Defect Liability Period, the Principal Architect cum Team Leader,
Structural Engineer of Consultant has to inspect the Building quarterly and
submit the report along with the remedial measures. Consultant will ensure for
rectification of the defects by the Contractor during the defect liability period
and issue Defect Liability Certificate.
Shall be responsible for obtaining good workmanship with respect to lines,
levels, plumb, finish, etc. Shall check all centerlines, dimensions, levels and
plumb at all stages of work with reference to working drawings and shall ensure
correct dimensions of all elements.
Inspection and certification of equipment at manufacturers works for HVAC,
Electrical, Communication, Fire fighting systems or any other equipment will
be planned in coordination with the officer designated by the Employer who
may depute his representative for the inspection.
The consultant should ensure proper functioning of all system before the
eompletion of DLP.

2.
3.

4.
5.

6.
7.
8.

9.

10.

11.
3.E.
1.
2.

PROJECT MANAGEMENT
To approve construction schedule, method statements material sources,
manpower/machinery deployment plans submitted contractor and review the
same periodically as per PERT.
CONSULTANT shall provide manpower at site timely and only experienced
persons will be provided at site.
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3.
4.
5.
6.
7.
8.1
8.2
9.

10.
11.
12.
13.

14.

15.

16.

17.
18.

19.

MPRDC
Review and approve contractors proposed Personnel for positions nominated in
contract.
Approve/suggest modifications in contractors work programme, method
statement and material sources etc.
To prepare manual for maintenance and operation of the facilities during and
after execution of the project submitted by the contractor.
To prepare and issue working drawings timely at site or requisition
new/supplementary drawings, which are not provided.
Check contractor setting out for conformance with the good for
construction/working drawing.
To work out the savings on material and ensure that this benefit/tax concession
passes on to the Employer.
To maintain necessary record like measurement book including taking all
measurement as per PWD system of measurement
Prepare variations calculated by appropriate rate analysis for non-priced works,
using prevailing schedule of Rates as far as possible. The variations proposed to
employer for approval shall have proper reasoning justifying its necessity along
with expected financial implication on the project.
Identify Construction delays and recommend to the contractor the remedial
measure to expedite the progress under intimation to EMPLOYER.
To monitor Project for compliance to the Plans and Designs as detailed in the
estimates, for timely completion and within the Cost Estimates.
To monitor and check the day to day work/activities and certify for payment
when the quality of the works is satisfactory and the quantities are correct
To take measurements required for the purpose of Bill Payments and carry out
all calculation in a manner that Interim Payment Certificate is submitted to the
employer on monthly basis. The IPC shall reach the employer for payment by
First week of every month.
Consultant has to take prior approval of Employer in issuing / approving
variation in quantity exceeds 10% variation of individual items or aggregate
variation exceeds 5% of the contract value. Employers approval should also be
obtained for issuing / approving /sanction of additional cost, sums or cost and
variation of rate and prices.
To maintain a site order book issued by Employer in duplicate at site for the
issuance of time to time instructions and compliance reports which shall be the
property of Employer and shall be duly certified by the Consultant. A copy of
site order book should accompany the IPC along with the copy of the test
reports relevant to IPC.
Maintain record such as good for construction /working /as built drawing, test
data, details of variation, correspondence and diaries in format approved /
specified by Employer. They should also keep measurement record including
measurement books issued by the Employer.
Update cost estimates till completion (25%, 50%, 75% and 100%) of the project
period and submit variation statements as and when required.
To certify and re commend extension to be given to the contractor for delay in
contract for reasons not attributable to the contractor, or else. After approval
from the employer, the Consultant shall issue necessary orders for time
extension.
To issue on behalf of Employer, notes, damages, claims, claims of interest,
penalty etc. wherever applicable to the contractor for Contract Administration.
Page 44 of 69

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20.
21.
22.
23.
24.
25.
26.
27.

28.

29.

30.
31.

31.1

MPRDC
Any other activity as per provision of the Agreement.
Analyze, any claims submitted by contractor, and prepare report based on
contractual documents addressing technical & financial issues, and propose
recommendations. Also prepare reply on behalf of Employer.
To mediate and assist in timely resolving disputes between EMPLOYER and
contractor during constructions and also after completion.
Assisting in Arbitration and Litigation cases with contractors/suppliers
including preparation of replies etc.
Submit all relevant details including replies and assist the Employer with
respect to arbitration, litigation etc., and to mediate in resolving disputes
between Employer, Consultant & Contractor.
Assist in replying audit queries and also suggest interpretations of technical
specifications and other contract documents.
Shall preserve field books and measurement books supplied by Employer in
safe custody and shall return the same to Employer after completion of project
or as advised by Employer.
Shall ensure safety of structure by taking all necessary precautions and by not
allowing excessive construction loads such as dumping of excessive materials,
overcrowding on floors and shall avoid such other factors which will endanger
the safety of structure during construction.
Shall ensure that safety of personnel working at site/ inspecting the site by
taking precautions by putting barricades, night lamps, near trenches, pits, open
shafts, lift shafts, edge of floors, terraces and such other places and to insist on
compliance of safety code such as use of helmets, etc, on work site.
The CONSULTANT shall see that advance action is taken by the contractor to
decoration, make suitable provisions for inserts during construction of civil
works for various services like electricity, air conditioning, water supply,
sewage system, interior ventilation etc.
Shall ensure that work proceeds smoothly and not hampered for want of
decisions/ drawings/ clarifications.
A detailed Contract Completion/ Final Report in 6 copies are to be submitted to
the Employer. The Consultant will prepare a comprehensive final completion
report of the construction contract package after completion of the work. The
report shall incorporate summary of the method of construction, the
construction supervision performed, as built construction drawings for all
works, problems encountered and solutions undertaken thereon and
recommendations for future projects of similar nature to be undertaken by the
employer. The Consultant shall submit the self appraisal report within the
prescribed time summarizing the following details:
a. Details of Personnel including substitution made during the assignment.
b. Details of variation orders issued.
c. Details of extension of time granted to the Contractor.
d. Details of Quality Assurance System.
e. Quality observed at site by the Consultant.
f. Details of claims.
g. Special preventive measures for maintenance suggested by the Consultant.
A Quality Assurance Manual in 7 copies, detailing all QA/QC procedures, to be
submitted within 30 days of commencement of services.
Page 45 of 69

RFP
31.2

MPRDC

34.

A Maintenance Manual, detailing routine and periodic maintenance tasks that


will be required to maintain the completed Project.
Shall ensure approval of extra items (if any) during the construction period and
submit the variation timely.
Certify completion of part or all of the work and submit it to Employer.
Obtain completion plans and As Build Drawings with all certificates of the
Completion from Contractor and approve them.
If the Consultant desires an extension of time for the completion of the work on
the grounds of CONSULTANT having been unavoidably hindered in its
execution or any other ground, CONSULTANT shall apply in writing to the
officer designated by the Employer within 7 days of the date of the hindrance
on account of which CONSULTANT desires such extensions as aforesaid and
the Officer designated by the Employer shall, if in his opinion reasonable
(Which shall be final) there after authorize such extension of time, if any, as
may in his opinion be necessary or proper.

3.F.

GENERAL

1.

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


Market Survey and carry out Rate Analysis to arrive at Fixed Rates (Floor
Price) of any specific Materials required for the Project not covered in BOQ. On
or before the currency of work(s).
Shall attend periodic site meetings/ meetings in Employer office and discuss site
conditions bottlenecks faced likely hindrances, time overruns, cost overruns and
any other important matter along with solutions proposed. CONSULTANT will
be required to submit periodic reports concerning quality standard and progress
of the project and also prepare Minutes of Meeting and submit immediately.
Shall ensure that contractors have complied with registration under Contract
Labour (Regulation and Abolition) Act and abide by laws pertaining to labour
including payment as per Minimum Wages Act (Consultant should ensure a
submit a certificate to MPRDC with each IPC that payment to laborers has been
done in compliance with Minimum Wages Act) and any other Act or enactment
relating thereto and rules framed there under from time to time. The
CONSULTANT shall ensure compliance by the contractors of all labour laws
and relevant Statutory Acts including Labour License, Minimum Wages Act,
etc. and also monitor the status of contractor compliance with HIV, AIDS/Child
Labour, Labour Laws and equal payment to equal work provision in Civil
Contract.
Shall ensure that contractors have taken requisite All Risk Insurance Policies
to cover workman under Workman Compensation Act, loss/ damage caused by
natural calamities/ accident/ accidental collapse of partially completed work,
materials and plant at site and for third party claims for injury/ damages.
CONSULTANT shall ensure that all such policies remain in force throughout
the execution of project.
Shall take custody of objects of value and antiquity found on site during
excavation or otherwise and hand over to Employer official.
The Employer undertakes no responsibility in respect of any life, health,
accident, travel and any other insurance for the personnel deployed by
CONSULTANT.

31.3
32.
33.

2.

3.

4.

5.
6.

Page 46 of 69

RFP
7.
8.

9.

10.

11.

MPRDC
The CONSULTANT shall be responsible for any damage or loss on account of
neglect of professional duty or conduct on the part of such staff or Engineers or
others. To this effect, the CONSULTANT shall indemnify Employer.
The Employer shall not be liable for any injury/ death, caused to any official,
employee, representative or agent of the CONSULTANT or their Consultants
working at the site or damage to their properties for any reason whatsoever and
Employer shall not entertain any claim from any person on that behalf. It would
be the responsibility of the CONSULTANT to get their officials, employees,
representatives, agents or their Consultants insured against the possible risks
involved in the discharge of their duties at the work site.
CONSULTANT shall make their own arrangements facilities in the site office
for their staff like furniture, telephone/ fan, Computer, e-mail facility, Fax
etc. The CONSULTANT at their cost will install PCs with requisite software's
for Project Management on site. Electricity for lights, Fan, PC etc. for the site
office will have to be arranged by CONSULTANT.
The CONSULTANT shall not have any objection to Employer maintaining any
Engineering staff at its own cost at the site of work to carry out work and duties
allotted to them by Employer, in respect of all the work at site or other areas
outside the scope of CONSULTANT works for overall surveillance, security
and verifications.
Except with the prior written consent by the Employer, the CONSULTANT and
their representatives shall not any time communicate to any person or entity any
confidential information disclosed to them for the purpose of the services. The
CONSULTANT shall not publicize any information pertaining to Employer
which is discussed with them during course of execution of work in the interest
of project completion.

3.G. TIMING OF SERVICES


It is anticipated that the consulting services defined under this TOR will
commence in Oct. 2014. The actual commencement date will be confirmed
during negotiations and will be dependent upon progress towards award of
contract with the Contractor(s) for construction of the Project.
The period of services has been derived on the basis of the consulting
services commencing two months prior to commencement of construction and
extending twelve months beyond completion i.e. up to the end of the Defect
Liability Period. However, neither the commencement nor completion of
construction work shall be construed as necessary conditions of either
commencement or completion of services.
3.G.1 Staffing
Consultants are required to deploy atleast following personnel:
Sn.
1
2
3
4
5
6
7
8
9
10

Particulars
Principal Architect cum Team Leader
Structural Design Engineer
HVAC Design Expert
Design Electrical Engineer and BMS Expert
Fire fighting Expert
Assistant Engineer (Civil)
Junior Engineer (Electrical)
Assistant Architect
Field Engineer
Lab Technician

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3.G.2 The total implementation period for Construction Supervision and Project
Management Consultancy Services will consist of (i) the construction period of
24 months (ii) a Defect Liability Period of 12 months, as per the arrangement
proposed. The site supervision team would be mobilized on the date of actual
commencement of works by the Consultant as decided by the Employer. During
the defect liability period, the Principal Architect cum Team Leader along with
other staff, will be required to inspect the work quarterly.
3.G.3 After award of the contract the Employer expects all the proposed personnel to
be available during implementation of the contract as per the agreed staffing
schedule. The Employer will not consider substitutions during contract
implementation except under compelling circumstances (such as death and/or
extreme nature of ailment for which Medical Certificate shall be produced from
Hospital/Nursing Home). In case of such replacements, the Consultant will
ensure that there is a reasonable overlap between the staff to be replaced and
replacement wherever feasible/possible. Replacement of Professional staff
/personnel shall invite penalty. The new personnel/professional staff shall be
paid @ 90% of the agreed billing rates.
3.H.

DEFICIENCY OF SERVICES:
Deficiencies in the services on part of supervision Consultants may attract penal
provisions in the form of fines, up to a maximum amount of 10% of contract
price and/or debarment etc. by the client. Sample deficiencies include but are
not limited to the following:
Not acting impartially or acting in collusion with contractor in award of
variation, fixation of new rates, etc.
Not keeping proper records regarding quality control, inspection,
rejection/ rectification of work, etc.
Failure to give proper and timely advice to client/contractor to enable
correction during execution.
Delay in design and withholding approvals, etc.
Recommending extension to the contractor with a view to extending
duration of supervision services.
Refusing to give reasons for decisions when called for by the client.
Not being fully conversant with manuals, specifications, standards,
client's/ Ministry's guidelines and requirement of the project to be
followed during construction.
Certifying substandard work for payment.
Not exercising required scrutiny/non approval of temporary
stretch/works.
Lack of proper coordination with contractors and Project Manager/
client's representative other agencies like Municipal Corporation of
Bhopal/Electricity Board etc. to ensure smooth implementation of
projects.
Permitting subletting of any part/ major works without authorisation.
Delay in mobilisation of required staff at any stage of the contract.
Indulging in corrupt, fraudulent, coercive or collusive practices.
Lack of providing expert personnels for work(s)
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Delay in submission of requisite/ modified working drawings as per sets


requirement suggested by Executing Agency.
Joint measurement and approval of bills or withheld amount.
Delay in submission of details documents of variation or extra items.
Lack of providing services during DLP.
Delay in submitting the computerized drawing in digital AutoCAD10
format (.dwg file)

3.I.
SUPPORT FROM EMPLOYER
1. The Employer shall provide assistance to the Consultant wherever deemed
necessary, in the form of issuing letters to concerns.
4.
4.1

4.2

CONSULTANTS PROPOSAL SUBMISSION


The Consultants are advised to understand fully the specific requirements
of the Architectural Consultancy and Project Management Consultancy
Services for the work. The Consultants are also advised to inspect the
concerned project site and acquaint themselves with the ground realities also
verify the drawing and design available.
The Consultant submission should be focused to the project requirements as per
the TOR details. The methodology to be submitted should address to the project
site requirements. All specific issues for which references have been made in
the various paras of this TOR should be addressed effectively. General nature
descriptions should be avoided.

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Section : 6, DRAFT FORM OF CONTRACT


CONTRACT FOR CONSULTANTS SERVICES

Between

_________________________________________
(Name of Client)

And

___________________________

(Name of Consultant)

Dated:
# This is a draft Contract for Consultancy Services. In case of any ambiguity, the
provisions of TOR / RFP will prevail while framing the Contract Agreement.
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1. FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the Contract) is made the _____day of

the
Month

of

_________,

200

____,

between,

on

the

one

hand

_______________(hereinafter
Called the Client) and, on the other hand,

______________(hereinafter called the

Consultants).
[Note* : If the Consultants consist of more than one entity, the above should be
partially amended to read as follows:
(hereinafter called the Client) and, on the other hand, a joint venture consisting
of the following entities, each of which will be jointly severally liable to the Client for
all the Consultants obligations under this Contract, namely,
_____________________and ________________________(hereinafter called
Consultants)]
WHEREAS
(a) the Client has requested the Consultants to provide Architectural
Consultancy and Project Management Services as defined in the General
Conditions of Contract attached to this Contract (hereinafter called the
Services);
(b) the Consultants, having represented to the Client that they have the required
professional skills, personnel

and technical resources, have agreed to

provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1.

The following documents attached hereto shall be deemed to form an integral


part of this Contract:

2.

(a)

Letter of acceptance (LoA);

(b)

Addendum/Corrigendum;

(c)

RFP Document;

(d)

Technical Submissions.

(e)

Financial Submissions.

(f)

Copy of Performance Bank Guarantee.

The mutual rights and obligations of the Client and the Consultants shall be as
set forth in the Contract; in particular
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(a)

The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and

(b)

The Client shall make payments to the Consultants in accordance with the
Provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.
Authorized Signatory
For and on behalf of the
MP Road Development Corporation Ltd.

Authorized Signatory
For and on behalf of
M/s .

(.)
Dy. General Manager (Procu.)

()
Authorized Signatory

(MP Road Development Corpn. Limited)


45-A, Arera Hills, Bhopal.
Witness
1. Signature

2. Signature

Name

Name

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SECTION 7 : GENERAL CONDITIONS OF CONTRACT


ARTICLE - 1: DEFINITIONS & INTERPRETATIONS
In this Document, as hereunder defined, the following terms and expressions
shall have the meaning hereby assigned to them except where the context otherwise
requires:
"AGREEMENT" means the 'Agreement' concluded on 'non-judicial stamp
paper' of 'Madhya Pradesh State', between 'MPRDC' and the 'Consultant' for
services as per this RFP Document.
1.2.
"MPRDC" shall mean M.P. Road Development Corporation Ltd., Bhopal
1.3.
"MPRDCS REPRESENTATIVE" means the person appointed or
authorized from time to time by MPRDC for execution of the Contract.
1.4.
"CONSULTANT'S REPRESENTATIVE" means the person appointed
from time to time by CONSULTANT for execution of the Contract.
1.5.
"ENGINEER-IN-CHARGE"/"EXECUTIVE-IN-CHARGE" shall mean
the person designated from time to time by MPRDC and shall include those
who are expressly authorized by him to act for and on his behalf for operation
of the Contract.
1.6.
"SIGN-OFF" means a recorded statement for completion of a milestone /
major activity by Consultant as envisaged in this document and accepted by
MPRDC.
1.7.
"CONTRACT" shall mean the "Agreement" and all attached exhibits and
documents referred to therein and all terms and conditions thereof, together
with any subsequent modifications thereto.
1.8.
"SERVICES" mean the duties to be performed and the services to be
rendered by the Consultant according to the terms and conditions of the
Contract.
1.9.
"HEADINGS" the headings appearing herein are for convenience only
and shall not be taken in consideration in the interpretation or
construction of the Contract.
1.10. "SINGULAR & PLURAL WORDS" importing the 'singular' only also
include the 'plural' and vice-versa, wherever the context so requires.
1.1.

2.
2.1.

ARTICLE - 2: PERFORMANCE OF DUTIES & SERVICES BY


CONSULTANT
Consultant shall perform its services in full accordance with the terms and
conditions of the Contract and any applicable local laws and regulations, and
shall exercise all reasonable professional skills, care and diligence in
discharge of said work. Consultant shall in all professional matters act as a
faithful advisor to MPRDC, and will provide all the expert commercial /
technical advice and skills which are normally required for the class of
services for which it is engaged. Consultant, its staffs, employees shall carry
out all its responsibilities in accordance with the best professional standards.
Consultant shall prepare and submit the documents / reports, etc. in due time
and in accordance with the Tender conditions.
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2.2.

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


determined to be responsible for carrying out this job and such persons shall
not be replaced or substituted without written approval of MPRDC.

3.
3.1

ARTICLE - 3: MPRDC 'S REPRESENTATIVE


MPRDC shall nominate its representative(s) who shall be entitled to act on
behalf of MPRDC with respect to any decision it is empowered to make. The
bill / invoice of Consultant will be certified for payment by such
representatives.

4.
4.1.

ARTICLE - 4: CONSULTANT'S REPRESENTATIVE


Consultant shall nominate a qualified and experienced person as its
representative who will be the contact person between EMPLOYER and
Consultant for the performance of the Contract. This nomination shall be
done within ten [10] days' after the coming into force of the Contract.
Consultant shall notify EMPLOYER in writing prior to the appointment of a
new representative. Consultant's representative may be replaced only with
EMPLOYERs consent after getting approved his CV's from EMPLOYER.
EMPLOYER shall be at liberty to object to any nomination and to require the
Consultant to remove any Consultants representative for good causes.
Consultant shall replace immediately such person by a competent substitute at
no extra cost to EMPLOYER.
Consultant's representative shall be entitled to act on behalf of the Consultant
with respect to any decisions to be made under the Contract.

4.2.
5.
5.1.
5.2.
5.3.
5.4.

6.

ARTICLE - 5: PAYMENT TERMS


EMPLOYER shall pay for the services rendered as per stipulation in the
Tender through cheque/RTGS. All bank-charges of the Consultant's Bankers
shall be to Consultant's account.
Consultant will invoice EMPLOYER according to the terms and conditions
provided in the Tender.
Payment terms shall be as detailed in "Special Conditions of the Contract".
In case of disputes concerning Invoice(s), EMPLOYER shall return said
invoice(s) to the Consultant within 'fifteen [15] days' from its/their receipt
specifying, in writing, the reasons for its / their rejection.
(i)
EMPLOYER shall pay the undisputed amount of the invoice(s)
according to Article-5.3 hereof.
(ii) The disputed amount, if any, shall be paid after mutual settlement
between EMPLOYER and Consultant.
(iii) Total or partial rejection of the invoice(s) shall not release the
Consultant from any of its obligations under the Contract.
ARTICLE - 6: PERFORMANCE GUARANTEE:
Consultant shall be required to submit acceptable Bank Guarantee for an
amount equal to 5.00% of the consultancy cost towards Performance Security
before signing the agreement. The validity of the Bank Guarantee (s) shall
cover entire duration of consultancy period. The format of the Bank Guarantee
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(s) shall be got approved by the consultant from Employer. The Bank
Guarantee (s) shall be released after satisfactory completion of the assignment
and defect liability period.

7
7.1

7.2

8.
8.1.

8.2.

8.3.
8.4.

ARTICLE - 7: CONFIDENTIALITY:
Consultant/MPRDC shall treat all matters in connection with the Contract
as strictly confidential and undertakes not to disclose, in any way,
information, documents, technical data, experience and know-how given to
him by MPRDC / Consultant without the prior written consent of the later.
Consultant further undertakes to limit the access to confidential information
to those of its employees, implementation-partners who reasonably require
the same for the proper performance of the Contract provided however that
Consultant shall ensure that each of them has been informed of the
confidential nature of the confidentiality and non-disclosure provided for
hereof.
ARTICLE - 8: TAXES & DUTIES
Consultant shall pay any and all taxes, duties, levies, etc. which are payable in
relation to the performance of the Contract. The quoted price shall be
inclusive of all such taxes and duties [except Service Tax]. Service Tax shall
be reimbursed by MPRDC as per actual.
Statutory variation in taxes [C.S.T., L.S.T., W.C.T., Withholding Tax,
Service Tax, etc.] and duties, if any, within the contractual 'Completion
Period' shall be borne by MPRDC. No variation in taxes, duties or levies,
other than statutory taxes and duties, shall be payable.
MPRDC shall deduct 'Income Tax' at source at applicable rates.
SERVICE TAX
Quoted prices should be inclusive of all taxes and duties, except Service Tax.
Please note that the responsibility of payment of Service Tax lies with the
Service Provider only. In case Service Tax is applicable for the Tendered
Work, Consultant shall claim the Service Tax indicating rate of
abatement/deduction allowed as per "Service Tax Act" in the 1st Invoice
itself. Consultant providing taxable service shall issue an Invoice, a Bill or as
the case may be, a Challan which is signed, serially numbered, and shall
contain the following:
(a)
Name, Address & Registration No. of such Person/Consultant
(b)
Name & Address of the Person/Consultant receiving Taxable Service
(c)
Description, Classification & Value of Taxable Service provided
(d)
Service Tax Amount
Payments to Service Provider for claiming Service Tax amount will be
made provided the above formalities are fulfilled. In case of statutory
variation in Service Tax during currency of the Contract, the
Consultant shall submit a copy of the 'Government Notification' to
evidence the rate as applicable on the date of submission of Bid and on
the date of revision. Claim for payment of Service Tax / statutory
variation in Service Tax, should be raised within two [02] months
from the date of issue of 'Government Notification' for payment
of differential Service Tax, otherwise claim in respect of above shall
not be entertained for payment of arrears.
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9.
9.1.
9.2.

MPRDC

ARTICLE - 9: RESOLUTION OF DISPUTES/ARBITRATION


MPRDC and Consultant shall make every effort to resolve amicably by
direct informal negotiations any disagreement or dispute arising between
them under or in connection with the Contract.
All disputes, controversies, or claims between the parties [except in
matters where the decision of the "Executive / Engineer-in-Charge [EIC]"
is deemed to be final and binding] which cannot be mutually resolved within a
reasonable time shall be referred to Arbitration. Disputes shall be settled by
arbitration in accordance with the provisions of Madhya Pradesh
Madhyastham Adhikaran Adhiniyam, 1983 and as amended up to date

10.
10.1

ARTICLE - 10: LEGAL CONSTRUCTION


Subject to the provisions of this Article, the Contract shall be, in all
respects, constructed and operated as an Indian Contract and in accordance
with Indian Laws as in force for the time being and is subject to and referred
to the Court of Law situated at Bhopal (M.P.), India.

11.

ARTICLE - 11: SUSPENSION OF THE PERFORMANCE OF DUTIES


AND SERVICES
MPRDC may suspend, in whole or in part, the performance of services of
Consultant any time upon giving not less than a fifteen [15] days' notice.
Upon notice of suspension, Consultant shall suspend immediately the services
and reduce expenditure to a minimum to be agreed upon by both the parties.
Upon suspension of the performance of services, Consultant shall be entitled
to reimbursement of the costs which shall have been actually incurred prior to
the date of such suspension. However, the total reimbursement shall be
restricted to the Contract Price.
By fifteen [15] days' prior notice, MPRDC may request Consultant to resume
the performance of the services, without any additional cost to MPRDC.
If the suspension of the duties and services exceeds 'six [06] months', either
party shall be entitled to terminate Contract according to Article-16, hereafter.

11.1.
11.2.
11.3.

11.4.
11.5.

ARTICLE - 12: PRICE REDUCTION SCHEDULE [PRS]


In case, the Consultant fails to complete the services within the stipulated
period, then unless such failure is due to force Majeure, as defined in Article19 hereinafter, or due to MPRDC's default, there will be a reduction in the
Contract Price @1/2% for each week of delay or part thereof, subject to a
maximum of 5% of the Contract Price.
12.2. MPRDC may, without prejudice to any methods of recovery, deduct the
amount of such 'PRS' from any money due or which may at any time become
due to Consultant from its obligations and liabilities under the Contract or by
recovery against the 'Performance Guarantee'. Both Consultant and MPRDC
agree that the above percentage of price reduction are genuine pre- estimates
of the loss / damage which MPRDC would have suffered on account of delay /
breach on the part of Consultant and the said amount will be payable on
demand without there being any proof of the actual loss or damage caused by
such breach / delay. A decision of MPRDC in the matter of applicability of
price reduction shall be final and binding.
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12.
12.1.

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13.
ARTICLE - 13: ASSIGNMENT
13.1. Consultant shall not have the right to assign or transfer the benefit and
obligations of the Contract or any part thereof to a third party without the prior
expressed approval in writing of MPRDC, which it shall do at its discretion.
However, in event of that, all legal / contractual obligations shall be binding
on Consultant only.
14.
ARTICLE - 14: INDUSTRIAL & INTELLECTUAL PROPERTY
14.1. In order to perform the services, Consultant must obtain at its sole
account, the necessary assignments, permits and authorizations from the
titleholder of the corresponding patents, models, trademarks, names or other
protected rights and shall keep MPRDC harmless and indemnified from and
against claims, proceedings, damages, costs and expenses [including but not
limited to legal costs] for and/or on account of infringements of said patents,
models, trademarks, names or other protected rights.
14.2. All documents, report, information, data, etc. collected and prepared by
Consultant in connection with the scope of work submitted to MPRDC, will
be the property of MPRDC
14.3. Consultant shall not be entitled either directly or indirectly to make use of the
documents, reports given by MPRDC for carrying out of any services with any
third party.
14.4. Consultant shall not, without the prior written consent of MPRDC, be entitled
to publish studies or descriptive article with or without illustrations or data in
respect of or in connection with the performance of services.
15.
ARTICLE - 15: LIABILITIES
15.1. Without prejudice to any express provision in the Contract, Consultant shall
be solely responsible for any delay, lack of performance deficiency in
services, breach of agreement and/or any default under this Contract.
15.2. Consultant shall remain liable for any damages due to its gross negligence
within the next 'twelve [12] months' after the issuance of the provisional
acceptance certificate of the Contract.
15.3. The amount of liability will be limited to 10% of the Contract value.
16.
ARTICLE - 16: TERMINATION OF CONTRACT
16.1. Termination for Default:
MPRDC reserves its right to terminate / short close the Contract, without
prejudice to any other remedy for breach of Contract, by giving one [01]
month's notice if Consultant fails to perform any obligation(s) under the
Contract, and if Consultant, does not cure his failure within a period of 'thirty
[30] days' [or such longer period as MPRDC may authorise in writing] after
receipt of the default notice from MPRDC.
16.2. Termination for Insolvency:
MPRDC may at any time terminate the Contract by giving written
notice without compensation to Consultant, if Consultant becomes bankrupt
or otherwise insolvent, provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue thereafter
to MPRDC.
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16.3. Termination for Convenience:


MPRDC may by written notice sent to Consultant, terminate the
Contract, in whole or part, at any time for its convenience. However, the
payment shall be released to the extent to which performance of work executed
as determined by MPRDC till the date upon which such termination becomes
effective.
17.
17.1

ARTICLE - 17: MODIFICATION


Any modification of or addition to the Contract shall not be binding unless
made in writing and agreed by both the parties

18.
18.1

ARTICLE - 18: CONTRACT AGREEMENT


The notification of award alongwith 'Agreement' on non-judicial stamp paper
[of Madhya Pradesh State, only] of appropriate value as per proforma, within
'fifteen [15] days' from the date of receipt of "LOA", the cost of stamp-paper is
to be borne by Consultant, and its enclosures shall constitute the Contract
between the parties and supersedes all other prior agreements, arrangements
and communications, whether oral or written, between the parties relating to
the subject matter hereof.

19.

ARTICLE - 19: FORCE MAJEURE :Shall mean and be limited to the


following:
(a)
(b)
(c)
(d)

19.1

19.2

19.3

War / hostilities
Riots or Civil commotion
Earthquake, flood, tempest, lightening or other natural physical disasters
Restrictions imposed by the Government or other statutory bodies,
which prevents or delays the execution of the Contract by Consultant
Consultant shall advise MPRDC by a registered letter, duly certified by the
local Chamber of Commerce or statutory authorities, the beginning and end of
the above causes of delay within 'seven [07] days' of the occurrence and
cessation of such Force Majeure conditions. In the event of delay lasting over
'one [01] month', if arising out of causes of Force Majeure, MPRDC
reserves the right to cancel the Contract and the provisions governing
termination stated under Article-16 shall apply.
For delays arising out of Force Majeure, Consultant shall not claim extension
in completion date for a period exceeding the period of delay attributable to the
causes of Force Majeure and neither MPRDC nor Consultant shall be liable
to pay extra costs provided it is mutually established that Force Majeure
conditions did actually exist.
Consultant shall categorically specify the extent of Force Majeure
conditions prevalent in their works at the time of submitting their Bid and
whether the same have been taken into consideration or not in their quotations.
In the event of any force majeure cause, Consultant or the MPRDC shall not be
liable for delays in performing their obligations under this order and the
completion dates will be extended to Consultant without being subject to price
reduction for delayed completion, as stated elsewhere.
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20
20.1

ARTICLE - 20: RECTIFICATION PERIOD


All services shall be rendered strictly in accordance with the terms and
conditions stated in the Contract. No deviation from such conditions shall be
made without MPRDC's agreement in writing which must be obtained before
any work against the order is commenced. All services rendered by
Consultant pursuant to the Contract [irrespective of whether engineering,
design data or other information has been furnished, reviewed or approved
by MPRDC] are guaranteed to be of the best quality of their respective kinds.
Consultant shall rectify at his own cost any mistake in assumption of any data
in the study or use of wrong data or faulty study observed within 'twelve [12]
months' of the acceptance of his report and will submit the rectified report
incorporating the changes wherever applicable within 'thirty [30] days' of
observance of mistake.

21
21.1

ARTICLE - 21: SUB-CONTRACT


Any sub-Contract to be made by the Consultant relating to the services shall be
made only to such extent and with such duly qualified specialists and entities as
shall be approved in writing in advance by MPRDC. Upon the request of
MPRDC, the consultant shall submit for MPRDC's prior approval, the
terms of reference or any amendment thereof for such sub- Consultant's
services. Notwithstanding such approval, the Consultant shall remain fully
responsible or the performance of services under the Contract.

22
22.1

ARTICLE - 22: NOTICES


Any notice given by one party to the other pursuant to the Contract shall be sent
in writing or by telegram or fax, email, telex/ cable confirmed in writing.
A notice shall be effective when delivered or on the notice's effective date,
whichever is later.

22.2
23
23.1

ARTICLE - 23: ACQUISITION OF DATA


If required, Consultant shall be responsible for carrying out any surveys and
acquisition of all data from necessary sources. MPRDC, if requested in
writing by Consultant, may assist the consultant in the said acquisition
by way of issue of recommendatory letters only. All requisite clearances,
coordination, fees, charges, etc. & compliance to the local laws required for
completion of the job shall be the responsibility of the Consultant.

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SECTION : 8 - SPECIAL CONDITIONS OF CONTRACT


1.0

GENERAL INFORMATION
The "Scope of Work and Special Conditions of Contract [SCC]" shall be read in
conjunction with the "General Conditions of Contract [GCC]", "Financial
Proposals" and any other document forming part of the Contract, wherever the
context so requires. Notwithstanding the sub-divisions of the documents into
separate sections, each part shall be deemed to be supplementary of every other
part, and shall be read with and into the Contract so far as it may be practicable
to do so. Where any portion of the GCC is repugnant to or at variance with any
provisions of the SCC, unless a different intention appears the provisions of the
SCC shall be deemed to override the provisions of GCC, and shall to the extent
of such repugnancy or variations, prevail. In case of any contradiction, the
decision of the "Employer/Engineer-in-Charge [EIC]" will be final and binding
on the Contractor.

2.0

ORDER OF PRECEDENCE
In the case of ambiguity in Financial Proposal, Special terms, General
Conditions of Contract, Scope of work etc., the following order of precedence
will prevail:
a)
Fax of Intent / detailed Letter of Award along with statement of agreed
variations and its enclosures and any corrigendum / addendum.
b)
Special terms in conjunction with Scope of Work.
c)
General Conditions of Contract.

3.0

LOCATION
The bidders are requested to visit the site and accustom themselves with the
actual site conditions.

4.0

COST OF CONSTRUCTION OF THE WORKS


This shall mean the amount(s) of tender(s) that may be accepted by the employer
for award of work.

4.1

COST OF CONSTRUCTION OF WORKS SHALL NOT INCLUDE THE


FOLLOWING:
a)
Any escalation on any account whatsoever in the amount(s) of the said
tender(s) for the construction of the works that may be paid by
EMPLOYER/MPRDC.
b)
The amount of any deductions from the Contractor(s) bill(s) on account
of defective work or for other reasons.
c)
Any payment to local authorities and any other expenditure for or in
connection with obtaining approval of plans, sanction of electrical loads
etc.
d)
Cost of advertisement for invitation of tenders.
e)
Cost of any extra items necessitated due to any faulty planning and / or
designs of the Architects.
f)
The fees quoted for the Architectural, Design & project Management
Consultancy will be applicable up to a variation of + 10% of the awarded
cost of construction. Consultant shall neither be paid any extra fees nor
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will the fees be deducted up to a variation of + 10% of the awarded cost
as compare to executed cost. However, if the executed cost of each
tender package has more than + 10% variation in comparison to the
awarded cost, the additional fees will be paid / deducted at the quoted
rate of fee on pro-rata basis on the amount beyond + 10% of the awarded
cost subject to a ceiling limit of + 25% of the awarded cost.
In case, if the work is not executed / abandoned / stopped during
any stage of work then the Architectural / Construction Supervision
fees shall be paid up to the stage of work done as per Clause 9.0, Terms
of Payment of special conditions of contract of the tender on the basis of
the awarded cost (if the work has not been awarded then on the basis of
the approved estimated cost).
g)

5.0

The quoted fees shall be inclusive of charges for visit to site, local
transportation and other expenses & all types of taxes, etc. excluding
Service Tax.

TIME SCHEDULE
The following time schedule will be applicable for the tender package.
1.01 (a)

Preparation of Conceptual Plan


(various options), Sketch Design /
Sketch Drawing.
Preparation of Various layout plans
after necessary instructions / approval
of MPRDC and preparation of
preliminary cost estimate and
submission to MPRDC.

Within 30 days
notification of award.

of

Within 45 days
notification of award.

of

1.02

Obtaining the approval of Statutory


Authorities (if required) including
coordinating/ liaisoning for getting
necessary approval.

Within 90 days
notification of award.

of

1.03

Preparation of final detailed drawing


and detailed estimate including
quantity take off sheets and market
rate analysis after approval of
MPRDC against Sr. No. 1.01 (b).

Within
120 days
notification of award.

of

1.04(a)

Preparation of Tender Documents


for
inviting tenders from prequalified / open tender.

Within
150 days
notification of award.

of

1.04 (b)

Scrutiny of tenders received and


submitting recommendations for
award of work after analysis of bids

Within 07 days after price


bid opening, if required by
Employer.

1.01(b)

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1.05

Issue of detailed working / Good For


Construction Drawings for necessary
execution of work at site including
schedule for carrying out the work.

To be issued along
with award of work and to
be revised as per the
progress of work and as
per the requirement at site.

1.06

Construction
Management
and
supervision by deploying necessary
technical manpower to ensure
planned progress.

1.07 (a)

Completion of project, issue of


Completion Certificate, submission of
As Built Drawings, finalization of
Contractors final bill & closing of
contract.
Obtaining completion certificate
and occupation certificate from local
authority (if required)

Within 07 days of the


award of
the work
and
till completion of
the work and closure of
contracts.
Within
60
days
after completion of the
work.

1.07 (b)

Within 60
days
after completion of the
work.

NOTE:
The above time schedule will be strictly adhered. However, the same may
deviate on account of authentic valid reasons to be recorded and approved by
EMPLOYERMPRDC.
In case of delay in any of the above stage, the Price Reduction Schedule shall be
applicable on the corresponding stage payment to be paid as per clause 9.0
6.0
6.1
6.2

FINANCIAL PROPOSAL
The "Financial Proposal" shall be read in conjunction with "Scope of Work and
SCC", GCC and any other document forming a part of this Contract.
EMPLOYER agrees that fees quoted by Consultant and accepted by
EMPLOYER shall be paid to them. In case, any activity, though specifically not
covered in the Financial Proposal, but the same is covered under "Scope of
Work and SCC", etc., no extra claim on this account shall be entertained [as
Financial Proposal is to be read in conjunction with other documents forming
part of the Contract].

7.0

VALIDITY OF QUOTED RATES


The 'quoted / accepted rates' shall remain valid for the entire duration of the
Contract, and no escalation, for whatsoever reason, shall be permissible after
award of Contract.

8.0
8.1

TAXES AND DUTIES


The rates quoted in the Financial Proposal shall include all taxes [except Service
Tax], duties, W.C.T., cess, other levies, etc., Employer's share of Provident
Fund, insurance charges, all other levies, etc., as applicable. Employer/MPRDC
shall not entertain any such claim, whatsoever, on this account [except Service
Tax]at a later date.
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8.2

The rates quoted in the Financial Proposal shall be inclusive of all equipments
[if any], supervision, transportation, overheads, profits, etc.

9.0
9.1

TERMS OF PAYMENT
The Architects quoted professional fee for Architectural Design & Project
Management Consultancy Services will be paid based on the awarded cost of
the work as accepted by MPRDC for award of work.
The following are the mode of payment for various stages (As defined in clause
no. 5 of SCC) of work for different sections of work. The stage-wise percentage
(%) payment will be applicable as and when the stage-wise service is completed
in all respect.
No.
Stage
%age payment of quoted
Professional Fee
I

On completion of Item No: 5.1.01 (a) & (b)

5%

II

On completion of Item No: 5.1.02

15%

III

On completion of Item No: 5.1.03

25%

IV

On completion of Item No. 5.1.04 (a)

5%

On completion of Item No. 5.1.04 (b)

5%

VI

On completion of Item No. 5.1.05

30%

VII On completion of Item No. 5.1.06


VIII On completion of Item No: 5.1.07 (a) & (b)
Note:-

1.

2.
3.
4.
9.2

9.3
9.4
9.5

5%
10%

%age of fees initially release on the basis of Probable amount of


Construction Work. The fees so paid on the basis of Probable amount of
Construction work will subsequently be regulated inline with awarded
value of work.
If approval is not required from the Statutory Authorities then payments
(Fee) for stage 5.1.02 & 5.1.07 (b) shall be paid on completion of stage
5.1.07 (a).
Payment against at Sr. No. VI shall be released in monthly installments
as per the progress of work in proportion to IPC of the contractors.
If the proposal is only for renovation the payment at Sr. No. I. above
shall be released alongwith the payment at Sr. No. II only.

Payments shall be released through Cheque/RTGS within fifteen (15) days of


submission of documentary proof/ certification against completion of work, duly
certified by representatives of MPRDC.
The bidder should give the details of his bank account to facilitate payment, if
payment is done through e-banking.
Necessary recoveries and all statutory deductions shall be made as per the
relevant rates [as per rules & regulations of Government] from the payments to
the Contractor.
PAYMENT TO STATUTORY AUTHORITIES: Any payment / fee required
to be deposit / paid to the Statutory Authority in connection with any statutory
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9.6
9.7

10.0
10.1

10.2

10.3

11.0

MPRDC
permission / approval, the same shall be borne by MPRDC. In case the fee /
deposit was made by the architects, the same shall be reimbursed to
Architects on production of documentary evidence having paid / deposit the fee
to statutory authorities in connection with work.
Remuneration of Professional Staff will be paid on man month basis.
During Defect Liability Period Principal Architect cum Team Leader and
Assistant Engineer (Civil) have to visit the site, monthly and submit their report.
A additional visit on the written request of client have to be arranged for which
remuneration will be made @ Rs. 3000/- (Three Thousand Only) per visit and @
Rs. 1000/- (One Thousand Only) per day respectively.
TAX LIABILITIES
The prices quoted in the Financial Proposal should be inclusive of all expenses
of transportation, overheads, profits, etc. The same should also be inclusive of
all taxes [except Service Tax, and cess thereon], duties, levies, statutory
payments, license fees, etc., imposed by the Government of MP Works
Contracts, etc. While quoting the prices, the Bidder shall take into account all
these aspects and no separate payment on any account shall be payable to the
Consultant at a later date.
Consultant shall be liable for timely payment of all taxes, duties & levies
imposed by any Government / Government Department / Agency / Body
including local autonomous bodies from time to time without any extra claim
from EMPLOYER.MPRDC. However, Service Tax payable by the Consultant,
if any, shall be reimbursed on production of receipt thereof.
EMPLOYERMPRDC shall have no liability on these accounts if Consultant
informs EMPLOYER MPRDC for such liability after closing of the agreement.
Income Tax deductions shall be made from all payments to the Consultant as per
rules and regulations in force in accordance with the "Income Tax Act"
prevailing from time to time. However, Consultant shall be entitled to get the
"TDS Certificate" for the amount so deducted in the format prescribed by the
'Income Tax Department'.
DEVIATION
Tender must be submitted without making any additions /alterations. The
bidders shall submit quotation based strictly on terms and conditions and
specifications contained in the Tender Document and not to stipulate any
deviations. Deviations in any manner against any clauses of this tender
document are not allowed and any such deviation if indicated any where
will render the offer non- responsive and shall liable to be rejected .
NOTE: The right to accept the offer will rest with the EMPLOYER.
EMPLOYERMPRDC. MPRDC, however, does not bind himself to accept the
lowest offer and reserves to itself the Authority to reject any / all the offers
received without assigning any reason whatsoever.

12.0

LIABILITIES
The Consultant shall be responsible for any discrepancies, errors or omissions
in the drawings, prepared and supplied by them whether the same shall
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have been approved by Employer or not which shall not be treated as extra
work as per clause 22.4. Upon employers request, Consultant
shall
promptly rectify the deficiency by amending/ replacing/supplementing the
deficient drawings/documents as appropriate at their own expense or else it may
be treated as sufficiency in services as per clause 3.4 of scope of work..

13.0

AGREEMENT: The Architect / Consultant shall enter into an Agreement with


EMPLOYER.MPRDC. The proforma for Agreement is enclosed. This will be
on a non-judicial stamp paper of appropriate value the cost of which will be
borne by Architect / Consultant.

14.0

FAULTY DESIGN
In case there is any loss or collapse of structure due to the faulty design,
drawings, calculations and specifications, the Architect shall make good these
losses from the total fees payable. The decision of owner in this regard shall be
final and binding.

15.0
15.1

ENGINEER-IN-CHARGE [EIC]
EMPLOYERMD / Chief Engineer of MPRDC" shall nominate the "Engineerin-Charge [EIC]" for the work under the Contract.
The EIC shall look after general supervision and directions of the work. He will
be authorized to stop the work with due permission of EMPLOYER MPRDC,
whenever such stoppage may be necessary to ensure proper execution of the
Contract. He shall also have authority to reject all works, which do not conform
to the specifications.

15.2

15.3

15.4

The Engineer-in-Charge EIC, with due permission of EMPLOYER MPRDC,


reserves the right to suspend the work or part thereof at any time and no claim
whatsoever on this account shall be entertained. In case of any dispute, the
Contractor may appeal to EMPLOYER MPRDC, whose decision shall be final
and binding on the Consultant/Contractor.
The decision of EMPLOYER MPRDC for determining the category of work
with reference to material of an item not mentioned in the Financial Proposal
shall be final and binding on the Consultant.

16.0

SUPERVISION OF WORK
The Architect shall be fully responsible for the soundness of the design of the
works including that of specialized Consultants engaged by him and also for the
progress and quality of works carried out by various contractors at site. They
shall ensure by continuous supervision and inspection of works, as may be
necessary, that the works are carried out strictly in accordance with the approved
drawings and specifications issued by them and as per owners instructions
issued in writing from time-to-time.

17.0

WORKING HOURS
Work may be carried out on all days of the week, including Sundays &
Holidays (excluding restricted Holidays), and extra hours including nights. If
contractor carried out work in shifts to achieve the project completion schedule,
Consultant has to arrange staff, deployed for the work, accordingly. Consultant
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should ensure that all the safety precautions have been followed by the
contractor during the execution of the work.

18.0

LODGING, BOARDING & TRANSPORTATION: Lodging, Boarding &


Transportation shall be arranged by the Consultant at his own cost.

19.0

IDENTITY CARDS
The Consultant shall issue 'Identity-Cards' of their personnel to be
deployed inside premises, which shall be required to display prominently
during the period of their stay within the premises and the 'Identity- Cards' shall
have the information as demanded by EMPLOYER MPRDC authorities.

19.0
19.1

COMPLETION CERTIFICATE & FINAL BILL


The "Engineer-in-Charge EIC" shall normally issue to the Contractor, the "Work
Completion Certificate" within one (01) month after receiving an application
through Consultant thereof from the Contractor after verifying from the
completion documents and satisfying himself that the work has been completed
in all respect in accordance with the instructions, specifications of the Contract
documents. However, it is the responsibility of the Consultant to recommend for
issuing the certificate after ensuring the completion work in all respect.

20.0
20.1

ADHERENCE TO SAFETY REGULATIONS


All the Contractor's personnel as well as the personnel of Consultant, who would
be deployed inside the workplace, should strictly follow all safety rules and
regulations. They should be well-conversant with the safety precautions to be
followed in the workplace. The Consultant shall abide by the advice and
guidance of the Safety-Officer in the workplace. In addition, the Contractor/
Consultant shall follow all Safety-Codes framed from time to time. Smoking
inside the workplace premises is strictly prohibited. No Contractor's/
Consultants personnel are allowed to possess match boxes, lighters, cigarettes,
biddies, transistors, or any other material which may cause fire hazards.
Contractor/ Consultant shall also ensure that all existing and amended Fire &
Safety rules / policies of MPRDC are strictly observed in the services rendered
by him. Contractor/ Consultant have to strictly adhere to guidance, instructions
issued from time to time in this regard. Any violation on this account shall be
the Contractor's/ Consultants responsibility.

20.2

20.3

EMPLOYERMPRDC will not be responsible for any accident / mishap with the
Contractor's/ / Consultants employees. The Contractor/ Consultant shall take
necessary action for his employees in case of any incidents.

20.4

EMPLOYERMPRDC shall not provide any medical assistance and shall have
no other liability whatsoever except as expressly provided under the Contract.

21.0

TERMINATION OF AGREEMENT
The Agreement with Architect / Consultant may be terminated at any time on
one months notice by EMPLOYERMPRDC without assigning any reason,
therefore, such termination notwithstanding, the Consultant shall be entitled to
remuneration in accordance with Clause No.5 for works actually done by them
prior to such termination and shall be liable to pay to the EMPLOYERMPRDC
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all damages which, EMPLOYERMPRDC may have become entitled to for
omission or commission on their part upon termination of the Agreement subject
to maximum of 10% of the total fee payable.

22.0
22.1

22.2
22.3

22.4

23.0

OTHER SERVICES & CONDITIONS


If due to any reason on the part of the Employer, the work is
abandoned/extended the Architect/Consultant shall be paid for such a period for
which services are rendered/are to be rendered by them as per the Clause9.1work done as per Terms of Special Conditions of Contract. Payment stages
specified in Clause 9.0. For any incomplete stage, suitable payment based on
pro-rata efforts put in by the consultant shall be payable. The decision of the
Employer Engineer-in-Charge in this matter shall be final and binding.
The Architect/ Consultant shall be fully responsible to the Employer with
regard to the designs, specifications and soundness of the works executed by
the Contractor as per plans.
If at any time during the currency of this Contract, the performance in whole or
part by the Architect, or any obligation under this Contract is prevented or
delayed by reasons of any destructive acts of countrys enemy, Civil
commotion, sabotage, fires, floods, explosion, epidemic or acts of God and
provided notices of the happening or any such event are given to the Employer
by the Architects within 21 days from the date of occurrence thereof, the
Architects shall not be held responsible for delay occurring due to the above
mentioned events and shall be paid as per 22.1 above.
If the Employer deviates substantially from the approved scheme which involves
for its proper execution then extra services, expenses and extra labour/efforts on
the part of the Architects for making changes and additions to the drawings,
specifications of other documents, the Architects shall be reasonably
compensated on the basis of man-hour or man-days spent by the Architects
except for situations arising out of clause no. 12.0 of SCC . The decision of
the Engineer-In-Charge in finalizing such payments shall be final and binding.
ALL OTHER TERMS & CONDITIONS OF THE CONTRACT SHALL
BE AS PER "GENERAL CONDITIONS OF CONTRACT (GCC)
==================== X ====================

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SECTION : 9 - Appendices-I
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
Bank Guarantee no. . Date
Name of Beneficiary: The Managing Director, Madhya Pradesh Road Development
Corporation Ltd., 45 A, Arera Hills, Bhopal
WHEREAS ___________________ [Name and address of Consultants]1
(hereinafter called the consultants) has undertaken, in pursuance of Contract
No._________________ dated _________ to provide the services on terms and
conditions set forth in this Contract ___________________ [Name of contract and
brief description of works) (hereinafter called the the Contract).
AND WHEREAS it has been stipulated by you in the said Contract that the
Consultants shall furnish you with a Bank Guarantee by a recognized bank for the sum
specified therein as security for compliance with his obligations in accordance with the
Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank
Guarantee; NOW THEREOF we hereby affirm that we are the Guarantor and
responsible to you, on behalf of the Consultants up to a total of ___________ [amount
of Guarantee] ____________________[in words], such sum being payable in the types
and proportions of currencies in which the Contract Price is payable, and we undertake
to pay you, upon your first written demand and without cavil or argument, any sum or
sums within the limits of __________________[amount of Guarantee] as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the
sum specified therein. We hereby waive the necessity of your demanding the said
debt from the Consultants before presenting us with the demand. We further
agree that no change or addition to or other modification of the terms of the
Contract or of the services to be performed there under or of any of the Contract
documents which may be made between you and the Consultants shall in any way
release us from any liability under this guarantee, and we hereby waive notice of
any such change, addition or modification. The liability of the Bank under this
Guarantee shall not be affected by any change in the constitution of the
consultants or of the Bank. Notwithstanding anything contained herein before,
our liability under this guarantee is restricted to Rs.__________
(Rs.__________________) and the guarantee shall remain valid till ________.
Unless a claim or a demand in writing is made upon us on or before ____________
all our liability under this guarantee shall cease. This guarantee shall be valid
until 365 days after the date of issue of the Defects Liability Certificate.
Signature and Seal of the Guarantor ____________
In presence of
Name and Designation 1._____________________ 2. __________________
Signature
Name, address, seal, Phone & Fax no. of the Bank _________________________
Date ______________________________________
1
Give names of all partners if the Consultants is a Joint Venture.
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Earnest Money Deposit

Appendices-II

Bank Guarantee
........................................................ Banks Name, and Address of Issuing Branch or Office .................................

Beneficiary: ............................... Name and Address of Employer ...........................................


Date: ...............................................................................................................................................................................................................
Bid Security/EMD No.: ......................................................................................................................................................................
We have been informed that . . . . . name of the Consultant . . . . (hereinafter called "the
Applicant") is being submitted to you its proposal dated . . . . . . . . . (hereinafter called
"the proposal") for Architectural, Design and Project managemnt Consultancy Services
for ................(name of work).................... under Invitation No. ........................................
dated ..................2014.
Furthermore, we understand that, according to your conditions, proposal
supported by a Bid Security.

must be

At the request of the Applicant, we . . . . . name of Bank. . . . . hereby irrevocably and


unconditionally undertake to pay you any sum or sums not exceeding in total an
amount of . . . . . . . . . .amount in figures . . . . . . . . . (. . . . . . .amount in words . . . . . . . )
upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Applicant is in breach of its obligation(s) under the conditions, because
the Applicant:
(a) has withdrawn its Proposal during the period of bid validity specified by the
Applicant in the Form of Proposal; or
(b) does not accept the correction of errors in accordance with the Instructions to
Consultants (hereinafter the ITC); or
(c) having been notified of the acceptance of its Proposal by the Employer during the
period of Proposal validity, (i) fails or refuses to execute the Contract Agreement, or
(ii) fails or refuses to furnish the Performance Security, in accordance with the ITC.
This guarantee will expire: (a) if the Applicant is the successful Applicant, upon our
receipt of copies of the Contract Agreement signed by the Applicant and the
performance security issued to you upon the instruction of the Applicant; and (b) if the
Bidder is not the successful Applicant, upon the earlier of (i) our receipt of a copy your
notification to the Applicant of the name of the successful Applicant; or (ii) twenty-eight
days after the expiration of the Applicants Proposal (i.e. 208 days from the last date of
submission).
Consequently, any demand for payment under this guarantee must be received by us at
the office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458.
. . . . . . . . . . . .Banks seal and authorized signature(s) . . . . . . . . . .
Note: All italicized text is for use in preparing this form and shall be deleted from the final
document

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