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Tender Document for Empanelment for Architect

tender document for empanelment for architect engineering companies (aec) for development of various works identified by rgrhcl ­­
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Tender Document for Empanelment for Architect Engineering Companies
(AEC) for Development of various works identified by RGRHCL
­­­­­­­­­­­­­­
.
RAJIV GANDHI RURAL HOUSING CORPORTION LIMITED
Bengaluru
Tender [EoI] Document
for
Empanelment for Architect Engineering Companies [AEC] [EoI] for
Development of various works identified by
Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL)
Detailed Tender Notice, Instructions to Tenderers and Detailed Scope
of Work
Tender Notice No.
RGRHCL/TEMP/01/201718 Dated: 26.12.2017.
The Managing Director, Rajiv Gandhi Rural Housing Corporation Limited,
No. 1,2,3,4 I.T. Park,
Rajajinagar Industrial Area, Rajajinagar,
Bengaluru – 560 044.
Tender Notice: RGRHCL/TEMP/01/201718 Date: 26.12.2017
To,
Sub: Tender Document for Empanelment for Architecture Engineering
Companies (AEC) for Development of various works identified by Rajiv
Gandhi Rural Housing Corporation Limited (RGRHCL).
Sir,
Please find enclosed herewith Tender Document for Empanelment for
Architect Engineering Companies (AEC) for Development of various works
identified by Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL).
Date of submission of documents is 16.01.2018 upto 16.00 Hrs.
Thanking you,
General Manager (Technical)
Rajiv Gandhi Rural Housing Corporation Limited
Encl: Detailed Tender Notice, Instructions to Tenderers & Detailed
Scope of Work.
Tender Document
for
Empanelment for Architect Engineering Companies [AEC] for Development
of various works identified by
Rajiv Gandhi Rural Housing Corporation Limited (RGRHCL)
Dated: 26.12.2017.
CONTENTS
SECTION DESCRIPTION
Section 1 Letter of Invitation
Section 2 Information to Consultants (ITC)
Data Sheet – Information to Consultants
Section 3 Technical Proposal – Standard Forms
Section 4 Financial Proposal – Standard Forms
Section 5 Terms of Reference
Section 6 Payment Terms
LETTER OF INVITATION
Tender Notice No RGRHCL/TEMP/01/201718. Dated:26.12.2017
Introduction:
In its quest 'to transform Bangalore into an ideal global destination
with high quality infrastructure, better quality of life by ensuring
sustainable and planned development based on effective monitoring,
regulation, through participatory and innovative approach'. Rajiv
Gandhi Rural Housing Corporation Limited (RGRHCL) has decided for
Appointment of Empanelment for Architect Engineering Companies (AEC)
for Development of various identified works.
2. Eligibility criteria of Consultant for Bidding:
The Consultant should be a legal entity under The Indian Companies Act
and no joint ventures/consortium or associations are allowed.
The company should have the following threshold qualifications to be
eligible for bidding and issuance of Bid Documents:
Financial:
I. Minimum annual turnover of Rs. 5 Crores in each of the two
financial years in the preceding 3 years (201415. 201516, 20162017)
II. Should be a profit making company and should have positive
networth as on 313 2017
Technical:
I. The Consultant should have been in existence for last ten years as
consultant to government and semi government institutions
II. Consultant should have an established office in Bangalore City for
last three years. The Consultant should have experience in development
of EWS/ Affordable housing projects for at least 2000 dwelling Units
in multistored buildings in Metropolitan areas in India for a
Government I SemiGovernment Agency in the last 7 years
III. Should have dEMDnstrated capacity of preparation of DPR to
provide support to the govt. body for implementing large housing
projects with allied infrastructure in schemes Karnataka.
V. Should have dEMDnstrated capacity to assist public sector in
designing, structuring and acting as transaction advisor to execute
building projects through Public Private Partnership.
The last date of submission of proposals is up to 16.00 hrs till
16.01.2018.
The bids will be opened at 16.30 hrs on 18.01.2018 if possible in the
presence of those bidders who choose to attend.
The consultants shall be empanelled based on technical scores scored
during technical evaluation. Minimum three and maximum six top scorers
shall be invited to negotiate rate and those accepting the commonly
negotiated rates shall be empanelled. A common rate shall be
negotiated and finalized for all the empanelled consultants and work
shall be assigned to interested bidders on the same rates & it shall
be binding for them to work on the agreed rates for minimum period of
two years from the empanelment. The Managing Director of RGRHCL
reserves the right to allocate the work to the any project or part
thereof to any empanelled or qualified agency / agencies at the common
rate worked out for a sector/project. The agency scoring highest and
have highest related experience shall be given preference to award the
assignment.
The Consultant(s) shall be solely responsible for any cost they may
incur for site visit, transport, faxes, postage and telephones etc. in
the process of submission of proposal. The 'Rajiv Gandhi Rural Housing
Corporation Limited' reserves the rights at its absolute discretion to
proceed or not to proceed with the project. Should they require any
further information they may contact the Rajiv Gandhi Rural Housing
Corporation Limited Office at the aforesaid address.
General Manager (T),
Bangalore
SECTION 1
INSTRUCTIONS TO BIDDERS
Section 1 Instructions to Bidders
The objective of this Tender Document for Empanelment for Architect
Engineering Companies (AEC) for Development of various works
identified by Rajiv Gandhi Rural Housing Corporation Limited
1. With the aforesaid broad objectives, the 'Rajiv Gandhi Rural
Housing Corporation Limited' invites proposal from reputed consultants
for Empanelment for Architect Engineering Companies (AEC) for
Development of various works identified by Rajiv Gandhi Rural Housing
Corporation Limited
2. Formats for submission of Proposals and the Terms of Reference
(TOR) are enclosed in Section 2, viz, "Scope of Work and Terms of
Reference".
3. Submission of Proposal
Proposals shall be submitted in two separate folders "Folder 1" and
"Folder 2". The contents of these folders will be as under:
1) Folder1: "Technical proposal" through eprocurement portal only.
EMD shall be enclosed along with folder 1
2) Folder2: "Financial Proposal" through eprocurement portal only.
(a) Receipt of Tender through eprocurement portal only.
(b) The proposal should be submitted by a firm individually.
Consortium/Joint Ventures are allowed.
(c) Tender Documents may be downloaded from Government of
KarnatakaeProcurement websitehttp://eproc.karnataka.qov.in through
contractor's login. Aspiring Bidders/Contractors who have not
registered in eprocurement should register before participating
through the website http://eproc.karnataka.qov.in.
(d) Bidders/Contractors can access tender documents on the website,
fill them and submit the completed tender documents into electronic
tender on the website http://eproc.karnataka.gov.inafter submitting
the tender processing fee in the form of epayment.
(e) Bidders/Contractors Should attach all the Scanned copies of
certificates pertaining to their eligibility criteria, qualification
information documents, EMD through epayment only. No physical
documents shall be considered.
(f) Nonsubmission of tender attracts action as per conditions
stipulated in the rules of Registration of Contractors.
(g) Any effort by the Bidders/Contractors to influence in the bid
evaluation, bid comparison or contract award decision results in
rejection of the consultants bid.
(h) A successful tenderer will have to execute an agreement for the
related schedules of a project awarded to the successful tenderer /
agency / bidder as per Standard document for procurement of work with
the Managing Director, Rajiv Gandhi Rural Housing Corporation Limited,
Bangalore within 7 days upon receipt of intimation, falling which is
tender will be rejected and EMD will be forfeited.
(i) The work shall be commenced with all earnestness within 7 days
from the date of issue of work order, failing which it would be
presumed that he is not interested in the work and action will be
taken to get the work executed through alternate agency.
j) The Managing Director of RGRHCL reserves the right to allocate the
work to the any project or part thereof to any empanelled or qualified
agency / agencies at the common rate worked out for a sector/project.
(k) Corrigendum's/ modifications/ correction, if any, will be
published in the website only.
(l) Rajiv Gandhi Rural Housing Corporation Limited, reserves the right
to accept I reject any or all tender without assigning any reasons.
(m) Further details of work can be obtained of the office of the
Managing Director Rajiv Gandhi Rural Housing Corporation Limited,
No.1,2,3,4 I.T. Park, Rajajinagar industrial Area, Rajajinagar,
Bangalore 560 044 on all working days between 3.30 P.M to 5.30 P.M
(n) For details, registration and epayment visit GOK eProcurement
website http://eproc.karnataka.gov.in or contact eProcurement
Helpdesk at 080 23010900, 080 23010901, 08038013000, 08041296235.
5. Language of Proposals: All information in the Proposals shall be in
English. Information in any other language shall be accompanied by its
translation in English. Failure to comply with this may disqualify the
Proposal. In the event of any discrepancy in meaning, the English
Language copy of all documents shall prevail.
6. Local Conditions: It will be imperative on each bidder to fully
acquaint themselves of all local conditions and factors, which may
have any effect on the execution of services covered under this
document. It must be understood and agreed that all the factors have
properly been investigated and considered while submitting the
proposals. No claim for financial adjustment will be entertained by
'RGRHCL'. Please note that the cost of preparing the proposal,
presentation and of negotiating the contract including site visits
etc. will not be reimbursable by the RGRHCL.
7. Price Proposals: The Bidders are required to quote their fees as
percentage of project cost inclusive of prevailing taxes and statutory
taxes as on the date of submission of tender except Goods & Service
Tax which shall be paid at the rates applicable on the date of
payment. In this connection, please refer FORM 5 as per which the
prices are required to be quoted.
8. Duties and Taxes: All duties, taxes and other levies as applicable
on date of submission of Tender shall be payable by the Agency in
respect of the transaction between the Agency and their
vendors/subsuppliers shall be included in the Proposal's price and
'Corporation' will entertain no claim on this behalf. All taxes,
duties and levies in respect of the transaction between 'Corporation'
and Agency shall be included in the price quoted. However, any
increase in the statutory tax after submission of bid shall be on
'Corporation's account and shall be reimbursed on actual basis
wherever there is any increase.
9. Validity: The proposal shall be kept valid for a period of Two
years from the stipulated last date for receipt of proposals as
mentioned hereafter. The overall offer including key personnel
proposed for the assignment and your quoted prices shall remain
unchanged during the period of validity.
10. Evaluation of Offers: Proposals received and found responsive will
be evaluated by 'Technical Committee' of 'Corporation'. The Bidders
should take enough care to submit all the information sought in this
document in the desired formats. The Proposals are liable to be
rejected if information is not provided in the desired formats.
10.1 Technical Proposal The Technical Proposal shall comprise the
following and will be submitted as per formats (wherever indicated and
enclosed in Appendix 1):
I. Details of Organization set up State whether proprietorship,
partnership, Private Limited or Public Limited.
ii. Financial status indicating annual turnover. Ill. Balance sheet
for the past three years.
iii. Details of Similar Assignments
iv. Certificates of having worked as Consultant for similar jobs as
per scope of work defined in section 2 for completion/Ongoing works of
infrastructure projects for Corporation or any other government firm
from not below the rank of Superintending Engineer/City Engineer of
organization in last five year
vi. Staff strength of organization and Curriculum vitae of Key
personnel's.
11. Evaluation: The proposals, in general, shall be evaluated on the
following basis:
{a) Technical Proposal: The technical strength of the consultant is
evaluated after combining the marks scored as per the Evaluation
Criteria (See Annexure 2 of Section 2). The minimum qualifying score
in each part would be 75% and overall minimum qualifying score shall
be 80%. The combined score will be treated as marks achieved under
Technical proposal.
{b) Financial Proposal: The Bidders who secure more than or equal to
80% marks in the technical proposal shall only qualify for
consideration of opening of financial proposal. Financial Proposals of
all qualifying Bidders will be opened.
The Bidders will quote their fees as percentage of project cost
inclusive of all prevailing taxes and statutory taxes except Goods &
Service Tax which shall be paid at the rates applicable on the date of
payment for conducting each Schedule of the assignment separately, and
will include interalia, the fee for all components identified in the
Terms of Reference. The Price Proposals is to be provided in the
formats shown in Appendix2. Significant lack of clarity on cost of any
item as called for above could lead to the Proposals being rejected,
if it hinders a uniform evaluation process, even if the Proposals
meets all other Bidders and technical criteria.
12. Award of Contract:
Notification on Award of Contract to the Consultant will be made in
writing to the qualified bidder by "Corporation". There shall not be
any binding on the part of RGRHCL to assign the job to the lowest
bidder. Successful tenderers will have to execute an agreement for the
related schedules of a project. The selection of consultant will be at
the sole discretion of 'Corporation" who reserves their rights to
accept or reject any or all the proposals without assigning any
reason. 'Corporation" reserves the right to call for additional
information from the Bidders.
After evaluation of Technical bid, financial Bids of minimum three or
maximum six Top accepted qualified Bidders as per table in Annexure 2
Section 2 shall be opened at the notified time, date and place in the
presence of the qualified Bidders or their representatives. The Bids
shall remain valid for normal 120 days from the date of opening of
Financial Bid.
13. Tender document:
Please note that the Request for Proposal (TENDER) documents shall not
be sent by post, courier, etc. The proposal shall be submitted in
terms of Para 4 of this Section 1. No offer will be accepted after the
last date & time of submission.
14. Earnest Money Deposit: Refer epayment details in the portal.
14.1 The consultant shall furnish, as part of his tender, Earnest
Money Deposit (EMD) in the amount as shown in column 3 and Tender
processing fee in the amount as shown in column 4 of the Table of IFT
for this particular work. This earnest money deposit/Tender processing
fee can be paid in the e procurement portal using any of the following
modes:
a. Credit Card
B. Direct Debit
C. National Electronic Fund Transfer (NEFT)
D. Over the Counter (OTC)
E. Net banking
NEFT payment procedure
If a consultant chooses to make payment of EMD/ Tender processing fees
using Reserve Bank of India's (RBI) National Electronic Fund Transfer
(NEFT) system, the consultant will need to log into e procurement
system, access the tender for which bid is being created and then
select the NEFT option under the payment section and print the Challan
shown in that section. The printed challan will have the unique bid
reference number, account details of Government of Karnataka and the
amount to be remitted. The consultant has to submit the printed
challan to its bankbranch (NEFTenabled) and request for an
accounttoaccount transfer, wherein the money will get transferred
from request the consultants' bank account to GoK's bank account. The
consultant should ensure that NEFT transfer instructions are executed
and the funds are wired to the Government of Karnataka's principal
account before the last date for bid submission and preferably 24
hours before the last date for bid submission. If the consultants'
bank transfers/wires the money after the last date for bid submission,
the consultant's bid will be liable for rejection. Upon executing the
transfer, the consultants' bank will provide a reference number
generated by NEFT software as confirmation of transfer, which has to
be inputted by consultant in the payment section of its bid as payment
confirmation before the bid is submitted (i.e.) as prerequisite for
bid submission. Also, the account number from which the funds were
transferred have to be inputted in thee procurement system as part of
its bid.
OTS payment procedure
If a consultant chooses to make payment of EMD/Tender processing fees
Over The Counter (OTC) in any of the designated ICICI Bank branches
listed in the e procurement website (http://eproc.karnataka.gov.in),
the tenderer will need to log into e procurement system, access the
tender for which bid is being created and then select the OTC option
under the payment section and print the Challan shown in that section.
The printed challan will have the unique bid reference number and the
amount to be remitted. Along with the challan, consultant can choose
to make the payment either in the form of cash or in the form of
Demand Draft. Cheque payments will not be accepted. The consultant is
requested to specifically inform the bank officer to input the unique
bid reference number printed in the challan in the banking software.
Upon successful receipt of the payment the bank will provide a
16digit reference number acknowledging the receipt of payment. This
16digit reference number has to be inputted by consultant in the
payment section of its bid as payment confirmation before the bid is
submitted (i.e.) as a prerequisite for bid submission.
a) EMD amount will have to be submitted by the consultant taking into
account the following conditions:
(i) EMD will be accepted only the form of electronic cash (and not
through Demand Draft or Bank Guarantee) and will be maintained in the
Govt.'s central pooling account at ICICI Bank until the contract is
closed.
(ii) The entire EMD amount for a particular tender has to be paid in a
single transaction
(iii) An Amount of Rs. 1,00,000/ needs to be paid as earnest money
deposit (EMD).
b) The consultant's bid will be evaluated only on confirmation of
receipt of the payment (EMD) as indicated in SubClauses 10.1 (a) in
the Government of Karnataka Central pooling a/c held at ICICI Bank.
14.1 Any tender not accompanied by an acceptable earnest money deposit
and not secured as non indicated in Sub Clauses 10.1 above shall be
rejected by the Employer as nonresponsive
14.2 The earnest money deposit of unsuccessful consultants will be
returned within 30 days of the end of the tender validity period
specified in SubClause 9.10.
14.3 The Earnest money deposit of the successful consultant will be
discharge only after entering into agreement with RGRHCL.
14.4 The earnest money deposit may be forfeited:
a) If the Tenderer withdraws the Tender after tender opening during
the period of tender validity.
b) If the Tenderer does not accept the correction of the Tender Price,
pursuant to Clause 21; or
c) In the case of a successful Tenderer, if the Tenderer fails within
the specified time limit to
(i) sign the Agreement; or
(ii) furnish the required Security deposit
15. The proposal which is not accompanied with the required fee / Bid
security money as per 15 and 16 above shall not be processed and shall
be deemed to be nonresponsive.
The schedule of bidding is given below:
Pre bid meeting
29.12. 2017 AT 11.00 am
Last Date & Time for Receipt of Tender
16.01.2018 AT 4:00 PM
Date & Time Opening of Technical Bid
18.01.2018 AT 4:30 PM
Date & Time Opening of Financial Bid
Will be intimated to the qualified tenderer
17. Security Deposit: Initial Performance Security shall be Rupees
Three Lakhs and further 2% of the contract value.
Within 10 days of receipt of the Letter of Acceptance, the successful
consultant shall deliver to the Employer a Security deposit in any of
the forms given below for an amount of Rupees Three Lakhs.
Cash or
Banker's Cheque / Demand Draft / Fixed Deposit Receipt / Pay order
in favour of The Managing Director, Rajiv Gandhi Rural Housing
Corporation Limited, Bangalore, payable at Bangalore, or
A bank guarantee in the form given in Section 9 or
Specified Small Savings Instruments pledged to The Managing
Director, Rajiv Gandhi Rural Housing Corporation Limited, Bangalore.
If the security deposit is provided by the successful consultant in
the form of a Bank Guarantee, it shall be issued either by a
Nationalized/Scheduled bank.
The security deposit if furnished in demand draft can, if requested,
be converted to interest bearing securities at the cost of the
consultant.
Failure of the successful consultant to comply with the requirements
of SubClause 26.1 shall constitute sufficient grounds for
cancellation of the award and forfeiture of the Earnest money deposit
as stated in Clause 10.5 (c) of ITT.
Security deposit of the successful consultant shall be returned after
the final bill of the contracting agency is accepted.
18. The Bidders are requested to go through (i) Instructions to
Bidders, (ii) Terms of Reference, (iii) General Conditions of
Contract, (iv) Special Conditions of the Contract and (v) the List of
Various Enclosures/Forms to be submitted by them along with complete
Proposals document and the scope of work under the Consultancy
Services to be offered by them for this Project. The Bidders should
fully inform themselves of all the terms & conditions, scope of work
and the local conditions of this project.
19. The Consultants and their sub vendors if any appointed to assist
the RGRHCL in evaluation and selection of the
contractors/developers/BOOT operators/ entrepreneurs for
implementation of the particular work or project will not be eligible
for participation in Bidding for execution of the project in any
capacity.
20. Checklist for Submission: Check list for submission of offer is
given for the guidance of the bidders. The proposal should be checked
with reference to this list before its submission.
21.1 Folder 1. Technical Proposal
i. Details of Organization set up State whether proprietorship,
partnership, Private Limited or Public Limited.
ii. Financial status indicating annual turnover.
Ill. Balance sheet for the past three years.
iv. Details of Similar Assignments
v. Certificates of having worked as Consultant for similar jobs as per
scope of work defined in section 2 for completion/Ongoing works of
infrastructure projects for Corporation or any other government firm
from not below the rank of Superintending Engineer/City Engineer of
organization in last five year
vi. Staff strength of organization and Curriculum vitae of Key
personnel's.
21.2 Folder 2 Financial Proposal
1. Covering letter
2. Summary Price Proposal (Form 5)
21.3. Conditional Bids will not be accepted and RGRHCL reserves the
rights to modify /split the work to more than one applicant and accept
or reject any or all the proposals at its sole discretion.
SECTION 2
SCOPE OF WORK AND TERMS OF REFERENCE
SECTION 2
SCOPE OF WORK & TERMS OF REFERENCE
The objective of this Tender Document is for Empanelment for Architect
Engineering Companies (AEC) for Development of various works
identified by Rajiv Gandhi Rural Housing Corporation Limited
1. Background:
Bangalore, with its strategic location as well as congenial climate,
fertile land and adequate rainfall is the fastest growing major
metropolis in India. Today Bangalore is home to many of the most
wellrecognized colleges and research institutions in India. Numerous
public sector heavy industries, software companies, aerospace,
telecommunications, and defense organizations are located in the city.
Bangalore is known as the Silicon Valley of India because of its
position as the nation's leading IT exporter, dEMDgraphically diverse
city, Bangalore is a major economic and cultural hub in southern
India.
Rajiv Gandhi Rural Housing Corporation Limited was created in the year
2000 as a special purpose vehicle "To provide housing for socially and
economically weaker sections of the society through effective
implementation of Central and State housing schemes".
Objectives:
• Provide affordable housing for EWS throughout the State.
• Promote Costeffective building technologies especially in Rural
areas through strengthening of Nirmithi Kendras and establishing new
Kendras.
• Transparency and Efficiency in Management.
Public Participation:
• The Company promotes SelfHelp housing and supports the initiative
of the beneficiaries. The Company has taken the following initiatives.
• Selection of beneficiaries is only from the eligible houseless list
approved in the Gram Sabha.
• The beneficiary has the first option to construct the house on his
own initiative. Construction assistance is provided by the Company, if
required by the beneficiary.
• Nirmithi Kendras, through Model Houses, demonstrate the practical
usage of cost effective technology and housing concepts like Core
housing, Incremental housing, sites and services etc.
Achievements
• The Company successively has received National Awards as follows:
• National eGovernance Award 20132014 (GOLD) for "GPS Mobile Based
Housing Monitoring and Fund Release System"
• National eGovernance Award 20102011 for "ELECTRONIC FUND TRANSFER
SYSTEM"
• National eGovernance Award 20102011 for "ELECTRONIC FUND TRANSFER
SYSTEM"
• Outstanding Performance Award from HUDCO for the year 20012002.
• Commendable Performance Award from HUDCO for 20002001.
In its quest 'To transform cities into an ideal global destination
with high quality infrastructure, better quality of life by ensuring
sustainable and planned development based on effective monitoring,
regulation, through participatory and innovative approach'. Rajiv
Gandhi Rural Housing Corporation Limited (RGRHCL) has decided to
reputed consultants for providing assistance for project
Conceptualization and execution for the projects such as,:
1. Economically Weaker Section (EWS) Housing Projects
2. Development/ Redevelopment of Layouts
3. Development/ Redevelopment of Commercial Complexes/ Buildings
4. Improvements in recovered properties
(The list is indicative in nature and the RGRHCL can also assign
projects as per their requirements from time to time)
2. Detailed Scope of Consultancy Services and Role of Consultant:
The 'Consultant' appointed by the "RGRHCL' to act on its behalf to
safeguard its interest during the entire duration of project spread
over aforesaid points. The Role and responsibility of the consultants
in aforesaid schedules are briefly enumerated in the following points.
1. Providing assistance in preparation of Detailed Project Reports
(DPR) including writeups, designs and estimates of the project
a. surveys and Primary Data Collection
b. Taking of project requirement and design briefs from stakeholders.
c. Preparation of the conceptual designs and alternatives.
d. Preliminary Site evaluation, analysis and impact of existing and /
or proposed development on its immediate environs.
e. Architectural Designs including preparation of Plans, Elevations,
Sections, Perspective Drawings, Architectural Details, Design
documentation etc.
f. Structural Design of the Building including vetting of the
Structural Design of the building.
g. Design & drawings of Water Supply, Sewerage, Drainage, Electricals,
Air Conditioning, firefighting and other related ancillaries.
h. Preparation of Detailed Project Report (DPR) as per the prescribed
guidelines of various state as well as central government schemes
i. All drawings and designs submitted in the DPR should be upto level
of Good for Tendering purposes.
2. Providing services for preparation of tender documents and Bid
process management of the projects for 'RGRHCL'
a. Preparation of bid documents including but not limited to the Terms
of References and the Contract for Services and draft Agreements;
b. Preparation of supporting information to assist bidders in
preparation of their bid, and where relevant creation of a data base
and management of access to the data base;
c. Assist the employer in evaluating and prequalifying contractors
and developing the shortlist of qualified contractors.
d. Assist RGRHCL in developing Invitation to Bid (1TB) advertisements.
e. Assist RGRHCL in developing Invitation to Bid (1TB) letter.
f. Attend pre bid site meeting/conference, respond to queries, issue
bid addenda, clarify bid documents etc.
g. Support to communication with the bidders and interaction with the
bidders, including managing and responding to requests for
clarification;
h. The thorough evaluation of received bids both technically and
financially
i. Assistance in negotiation with one or more parties prior to
contract award;
j. Assist the employer in the issue of all correspondences including
clarifications, letters of Intent (LoI), letters of appointment,
notice to proceed (NTP), etc.
k. Prepare all required evaluation, clarifications, addenda, etc.
reports.
I. Management of other advisory inputs, and overall management of the
transaction team, to ensure a successful conclusion.
The above description is not exhaustive and only indicative. The
consultant shall carry out any other function which in the opinion of
Corporation's essential to achieve the project objectives.
3. Period of Services
The period of services shall be as mentioned in the individual Letter
of Entrustment of each project. The period of empanelment shall be
five years after which it may be continued on mutual consent and till
the new list of empanelment comes to force after the lapse of
empanelment period.
In case the contract period of the contract is extended, the time
limit for this consultancy will subsequently be increased with
reasonable increase in payment.
4. Notice of Termination of Contract
If the Bidder withdraws or does not provide services as per time
schedule approved by Raj iv Gandhi Rural Housing Corporation Limited,
or the quality of the deliverables are not up the international
standard as per terms of the contract, the Managing Director, Rajiv
Gandhi Rural Housing Corporation Limited shall be at liberty to
terminate this contract by giving 180 days notice in writing to Bidder
clearly stating the reasons of dissatisfaction of the RGRHCL& the cure
period of 60 days shall be given to the consultant to minimize the
dissatisfaction of the RGRHCL in the cure period , even after the cure
period situation does not improve than the appointment of Bidder
shall, stand cancelled and Security
Deposit will be forfeited.
5. Disputes
All disputes and difference arising between Rajiv Gandhi Rural Housing
Corporation Limited and the party in any manner connected with this
agreement shall be referred to the Managing Director, RGRHCL, whose
decision will be final and binding. if aggrieved by the Decision of MD
then the resolution shall be done through Indian Arbitration Act.
6. Data, services and assistance to be provided by the 'RGRHCL'
(i). The Consultant would be assisted by the 'RGRHCL' in obtaining
relevant information from various authorities and will extend
cooperation on the following areas:
a) Earlier reports, available survey plans ,data and information
related to the study
b) Issue of authority/recommendation letters
(ii). RGRHCL will give decisions on the sketches, drawings, reports
and recommendations and other matters and proposals submitted by the
Consultant for decision, in a reasonable time but not later than 45
days as not to hamper the performance of the Consultancy service.
(iii). Apart from above mentioned the inputs RGRHCL's shall allow to
use facilities to consultants staff available with RGRHCL free of cost
including office space, electricity, water, and with climate control
devices including available Data. Where possible, the RGRHCL shall
provide above facilities for use by consultants during the course of
their assignment. The RGRHCL shall provide list of coordination staff
to be assigned to the consultants before the assignment begins.
7. Project Team Requirements:
RGRHCL expects that the bidder has the required resources for carrying
out the work within the defined time frame. In case the bidder does
not possess all these resources in house, it is suggested that a
suitable tie up with reputed service providers in the respective areas
may be entered into with a clear scope split. The team shall be led by
a Team Leader and Task Leaders of various tasks/disciplines. All the
key personnel's shall be available throughout the currency of the
assignment, as per the project requirements and as mutually agreed
upon. The role of 'Consultant' is critical to the successful and
timely implementation of the Project and the bidder, in
acknowledgement of this fact, shall endeavor to propose such a team
that is highly proactive, responsive and result ¬oriented. The team
shall be complete and fully equipped with all skill sets required to
carry out this assignment. The suggested area of expertise / team
composition is indicated below for guidance:
i. Team Leader
ii. Design Architect
iii. Construction Expert
iv. Landscape Architect
v. Urban Planner/ Environment Expert
vi. Quantity Surveyor
vii. Financial Analyst
viii. Legal Expert
ix. Contract Specialist
x. Photogrammetry Expert
The minimum qualifications and experience of the above key personnel
are enclosed at Annexure 1 of Section 2.
Annexure 1 of Section 2
Qualifications & Experience of Key Experts
Sr. No.
Key Expert
Qualification
Experience
1
Team Leaders
Minimum Engineering
graduate/
Architect
• Total Post Qualification Experience 20 years.
• 5 years Experience as Project Leader in a Construction Project of
urban Infrastructure within last 7 years.
2
Design
Architect
Graduate in
Architecture
• Total Post Qualification Experience 15 years, out of which 3 years
experience in relevant Affordable housing project within last 10 years
3
Construction
Expert
Minimum
Engineering Graduate
• Total Post Qualification Experience 10 years.
• 5 years Experience in planning/ implementing a city infrastructure
project.
• 2 years Experience in planning /implementing structural engineering
aspects of urban Infrastructure
4
Quantity
Surveyor
Graduate in Civil Engineering
• 5years Experience in getting approvals with understanding of
planning/designing & implementing engineering aspects of urban
Infrastructure
5
Architect
Minimum Graduate in Architecture
• Should have dealt with at least one major city infrastructure
project in Metropolitan region
6
Urban Environment Planner
Minimum Engineering/ Planning Graduate
• Total experience1O years out of which 5years Experience in urban
Planning /traffic Management with at least one major city
infrastructure project
7
Landscape Architect
Minimum Architecture Graduate
• At least 7years post qualification experience
8
Financial Analyst
Minimum Law Graduate
• At least 7years post qualification
• At least 4 years experience in Financial Modeling and Project
Structuring
9
Legal Expert
Minimum Law Graduate
• At least 10 years post qualification experience
• Litigation, real estate, intellectual property, documentation,
conveyance, etc.
10
Contract
Specialist
Minimum Engineering Legal Graduate
• At least 10 years post qualification
• Experience in Contract Management Law, MIS etc.
11
Photogrammetry
Expert
Minimum Engineering
• At least 10 years post qualification
• Experience and exposure of Photogrammetry and 3D visual Modeling
Annexure 2 of Section 2
EVALUATION CRITERIA
1. General:
1.1 The evaluation of valid proposals received shall be carried out by
the Evaluation Committee (EC) of the Corporation on the basis of
responsiveness to the TOR and the criteria specified below.
1.2 The proposals received by RGRHCL in response to TENDER shall be
evaluated in three stages as under:
S. No.
Particulars
Criteria
Remarks
1.
Responsiveness
Hurdle
Includes submission in accordance with the guidelines in the
Instructions to Bidders.
2.
Technical Proposal
Hurdle
Minimum points to be
achieved for qualifying is
75%
Qualifications of the Consultant.
Coverage of overall scope of the
assignment, Approach and Methodology, Manning Schedule,
consistency with the requirements of project, etc.
3.
Financial Proposal
After evaluation of Technical bid, financial Bids of minimum
three or maximum six Top accepted qualified Bidders as per table
in Annexure 2 Section 2 shall be opened at the notified time,
date and place in the presence of the qualified Bidders or their
representatives. The Bids shall remain valid for normal 120 days
from the date of opening of Financial Bid.
2. Evaluation Criteria:
2.1 The evaluation committee appointed by RGRHCL shall evaluate the
proposals on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria, sub criteria and point
system specified in 2.2 below. Each responsive proposal will be
evaluated. A proposal will be rejected at the relevant stage if it
does not respond to important aspects of TOR or if it fails to achieve
the minimum prescribed technical score.
The evaluation of each technical proposal shall be done taking into
account the criteria and subcriteria given below:
S. No.
Particulars
Marks
I
Financial Criteria
Turnover in the last 3 Financial Years
a)
510 Cr.
b)
1030 Cr.
c)
Above 30cr.
I
Experience of consultant
1
Experience in development
of
EWS housing projects (Vertical
Development) in Metropolitan areas in India for a
Government I
SemiGovernment Agency in the last 7 years
a)
Upto 2000 Units
b)
2000 4000 Units
c)
Above 4000 Units
2
Experience in EWS housing projects (Completed) in Karnataka for a
Government I SemiGovernment Agency in the last 7 years
a)
Upto 2000 Units
b)
2000 4000 Units
c)
Above 4000 Units
3
Experience in Project Visualization of Building / Infrastructure
Projects for a Government/ SemiGovernment Agency
4
Having valid Licenses of STAAD Pro, Revit, 3D Max and AutoCAD
on the name of the Consultant/ Agency
5
Exposure
of
PPP
Projects
in
Building
Projects
(Housing
I
Commercial) for project conceptualization, feasibility & Bid process
management
6
Registered
I
Empanelled
as
Transaction
Advisors
for
any
Government Agency
7
Acquainted
with
the
Regulation
&
Development
Rules
of
Government of Karnataka including The Karnataka Town & Country
Planning Act
Ill
Understanding of approach and methodology
a)
Understanding of the Project & Comments
b)
Coverage
of
overall
scope
through
Work
Breakdown
Structure,
Approach & Methodology
c)
Organization chart and Manning Schedule
d)
Presentation of visualizations and as built
of earlier projects with
concepts of proposed projects as per objectives of the
proposed project
IV
Key Personnel/ Experts (as per table below)
Total
Ill) Key Expert/ Person's Qualification and Experience: The key
expert/ person's qualifications and competence shall be assessed as
given in Table 1
and weight age for the key personnel shall be as given in Table 2.
Table 1 EVALUATION OF KEY PERSONNEL QUALIFICATIONS
a)
General Qualifications

Professional Qualifications

Length of Experience and Positions held
Sub Total
b)
Adequacy for the project

Adequacy for the
project
experience
(e.g.
duration
of relevant
experience, Water Supply, Sanitation, Storm Water,
eGovernance,
managerial skills, Real Estate Marketing)
Sub Total
Grand Total
Table 2 Weight age of Points for Qualification and Experience of Key
Personnel likely to be deployed
S.No.
Key Personnel/ Experts
Points
1
T earn Leaders
2
Design Architect
3
Construction Expert
4
Landscape & site development architect
5
Design Architect
6
Urban Planner
7
Quantity Surveyor
8
Financial Analyst
9
Legal Expert
10
Contract Specialist
11
Photogrammetry Expert
Sub Total
Based on this technical evaluation, a list of top six shortlisted
applicants shall be prepared. In the second. stage, a financial
evaluation will be carried out as specified in Clause 11, Section 1
and Appendix 2 Financial Proposal. Proposals will finally be ranked
according to their combined technical and financial scores as
specified in Clause 11, Section 1. The first ranked Applicant based on
technical as well as financial scores (as per Clause 11, Section 1)
shall be selected for negotiations (the "Selected Applicant") while
the second, third, fourth, fifth and sixth ranked Applicant shall be
asked to match the rates of the first ranked applicant (the "Selected
Applicants").
Based on this technical evaluation, a list of top six shortlisted
applicants shall be prepared. In the second. stage, a financial
evaluation will be carried out as specified in Clause 11, Section 1
and Appendix 2 Financial Proposal. Proposals will finally be ranked
according to their combined technical and financial scores as
specified in Clause 11, Section 1. The first ranked Applicant based on
technical as well as financial scores (as per Clause 11, Section 1)
shall be selected for negotiations (the "Selected Applicant") while
the second, third, fourth, fifth and sixth ranked Applicant shall be
asked to match the rates of the first ranked applicant (the "Selected
Applicants").
2.2 The Hurdle Criteria in Technical Proposal:
2.2.1 Financial Soundness: The consultant shall have no losses in
terms of 'Profit before Tax' during the past three years and should
have positive networth as per books on 3132017.
2.2.2 No Consortium of the consultants shall be allowed.
2.2.3 The Consultant should have interdisciplinary expertise as per
section 2 of this document covering interalia the following:
• Costing
• Experience in preparation of DPR including approvals etc.
• Experience in arranging finance in terms of grants, term loans etc.
for infrastructure project.
• Project Management Consultancy
• Bid Process Management
• Transaction Advisory
2.2.4 The consultant must achieve a minimum of 60% points in each of
the items (i), (ii) and (iii) of paragraph 2.2 of this Annexure and
80% overall in the technical proposal.
3. Consultant's Organizational Set Up:
It is mandatory that the consultants provide adequate numbers of key
personnel as given above and in TOR.
4. The Corporation reserves the right to effect minor changes in the
sub criteria depending on nature and scope of each subproject.

SECTION 3
SCHEDULE OF PAYMENTS
SECTION 3
SCHDULE OF PAYMENT
1. The Consultants shall quote the price bid in the formats given in
point 2 for all the projects separately. The quoted rate should
include all cost like remuneration of experts and supporting staff,
out of pocket expenses, profit, including all taxes at the rates
applicable on date of submission of tender except Goods & Service Tax
or any other replacement I substitution of Goods & Service Tax which
shall be paid by the RGRHCL.
2. Schedule of Payment: The payments shall be made as per the
following schedule:
I
Submission of Inception Report (Action Plan)
10% of charges quoted
II
Submission of Viability Report including Survey and
Architectural Concepts
25% of charges quoted
111
Submission of DPR
35% of charges quoted
IV
Submission of Tender Documents
20% of charges quoted
V
Review of Design during construction
10% of charges quoted
Payment stages as per deliverables which shall be upto the stage and
even if the stages not required the payment shall have to be made to
the Consultant if next stage is to be done like if DPR is to be made
then payment of concept drawings will to be made to the consultant
even if the RGRHCL does not require conceptual plan.
2.3 Payments shall be made within 15 days on receipt of invoice from
the consultant.
2.4 Security deposit of 2% shall be deducted in every bill and which
shall be released after completing task.
2.4.2 The security deposit if furnished in demand draft can, if
requested, be converted to interest bearing securities at the cost of
the consultant.
2.4.3 Failure of the successful consultant to comply with the
requirements of SubClause 26.1 shall constitute sufficient grounds
for cancellation of the award and forfeiture of the Earnest money
deposit as stated in Clause 10.5 © of ITT.
2.4.4 Security deposit of the successful consultant shall be returned
after the final bill of the contracting agency is accepted.
2.5 Contract for consultancy shall be till commissioning of the scheme
which may be extended as per requirement with mutually agreed terms
and conditions.
SECTION4
GENERAL CONDITIONS OF CONTRACT
GENERAL CONDITIONS OF CONTRACT
PARTI
INTERPRETATIONS AND DEFINITIONS
1. Singular and Plural where the context 'so requires, words importing
the singular shall also mean the plural and vice versa.
2. Gender Words imparting the masculine gender shall also include the
feminine gender.
3. Definitions
"Corporation" shall mean 'Rajiv Gandhi Rural Housing Corporation
Limited'
The 'Managing Director' shall mean the Managing Director of the
'Corporation ', for the time being holding that office and also his
successor and shall include any officer authorized by him.
The 'Engineer' shall mean the Managing Director of the RGRHCL or any
other officer or officers of the Corporation who is authorized by the,
RGRHCL to carry out the functions of the Engineer.
'Engineer's Representative/EngineerInCharge shall mean Engineer/
Sectional Engineer /Junior Engineer or any other Corporation Employee
or Employees appointed from time to time by the Engineer to perform
the duties here of and generally to assist the Engineer for the
purpose or the contract and whose, authority shall be notified in
writing to the Consultant by the Engineer
The 'Contract' shall mean the tender and acceptance thereof and the
formal agreement if any, executed between the Consultant, and the
Corporation together with the documents referred to there in including
these conditions and appendices and any special conditions,
specifications, designs, drawings, price schedules, bills of
quantities and schedule of rates etc. All these documents taken
together shall be deemed to form one Contract and shall be
complementary to one another. The order of precedence in case of
discrepancies shall be as under,
1. Contract Agreements
2. The letter of Acceptance
3. Notice inviting Tender &Instructions to Tenderer
4. Special Conditions of Contract
5. The General Conditions of Contract
6. Schedule of Rates & Quantities
7. The Technical specifications
8. The Drawings
9. Schedules & Annexure
The 'Consultant' shall mean the individual firm incorporated or not,
undertaking the Works and shall include legal representatives of such
individual or persons composing such firm or unincorporated company or
successors .of such firm or company as the case may be and permitted
assigns of such individual or firm or company.
'Contract charges' means the amount named in the letter of acceptance
calculated as per the rates approved in terms of percentage of the
total project cost approved by board of 'RGRHCL' from time to time.
'Excepted risks' are risks due to riots (otherwise than among
Consultants' employees) and civil commotion (in so far as both these
are Uninsurable), war (whether declared or not), invasion, act of
foreign enemies, hostilities, civil war, rebellion, revolution,
insurrection, military or usurped power, any act of government, damage
from aircraft, acts of god, such as earthquake, lightning and
unprecedented floods and other causes over which the Consultant has no
control and accepted as such by the Engineer, RGRHCL.
"Project Cost", means Total Cost of project as sanctioned by RGRHCL
including escalation, contingencies applicable and revised time to
time;
The 'Site' means the land and other places, on which the Works or
temporary Works are to be executed and any other lands and places
provided by the Corporation for working space or any other purpose as
may be specifically designated in the contract as forming part of the
site.
'Urgent Works' shall mean any measures which in the opinion of the
Engineer become necessary during the progress or the Work to obviate
any risk of accident or failure or which become necessary for
security.
The 'Works' shall mean the tasks to be executed in accordance with the
contract or part(s) there of as the case may be and shall include all
extra or additional, altered or substituted Works as required for
performance of the contract
'Temporary Works' shall mean all temporary tasks of every kind
required in or about execution, completion or maintenance of the Work.
'Drawing' shall mean the drawings referred to in the specification and
any modification of such drawings approved in writing by the Engineer
and such drawings as may from time to time be furnished or approved in
writing by the Engineer
'Approved' shall mean approved in writing including subsequent
confirmation of previous verbal approval and "Approval" shall mean
approval in writing including as aforesaid.
'Specification' means the specification referred to in the tender and
any modification there of or addition or deduction there to as may be
the case, from time to time be furnished or approved in Writing by the
Engineer.
"Tender" means the Consultant's priced offer to the Corporation for
the execution and completion of the Works and the remedying of any
defects there in accordance with the provision of the Contract, as
accepted by the Letter of Acceptance.
'Letter of Acceptance' means the formal acceptance by the 'Corporation
'. 'Commencement Date' means the date upon which the Consultant
receives the notice to commence the work issued by the Engineer
pursuant to Clause 80.
'Time for Completion' means the time for completing the execution of
and passing the Tests on Completion of the Works or any Section or
part there of as stated in the Contract (or as extended under Clause
83 calculated from the Commencement Date.
The 'Annexure' referred to in these conditions shall means the
relevant annexure appended to the tender papers issued by the
'Corporation '.
PART II
INSTRUCTIONS TO CONSULTANTS
4. Scope of Work:
The Work to be carried out under the Contract shall, except as
otherwise provided in these conditions, include all labour, materials,
tools, plant, equipment and transport which may be required in
preparation of and for and in the full and entire Execution and
completion of the Works. The descriptions given in the schedule of
Works /items / quantities and the Bills of Quantities shall unless
otherwise stated be held to include waste on materials, carriage and
cartage carrying in return of empties, Hoisting, setting, fitting and
fixing in position and all other labour necessary in and for the full
and entire execution and completion as aforesaid in accordance with
good practice and recognized principles. Detailed scope of work would
be enumerated in detail along with letter of award of work.
5. Corrupt or Fraudulent Practices:
The Corporation requires that the bidders/suppliers/ Consultants under
this tender observe the highest standards of ethics during the
procurement and execution of such contracts. In pursuance of this
policy, the Corporation defines for the purpose of this provision, the
terms set forth as follows:
a) Corrupt practice means the offering, giving, receiving or
soliciting of anything of value to influence the action of the public
official in the procurement process or in contract execution, and
b) "Fraudulent practice" means a misrepresentation of facts in order
to influence a procurement process or a execution of a contract to the
detriment of the 'Corporation ', and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid
prices at artificial noncompetitive levels and to deprive the
Corporation of the benefits of the free and open competition.
The Corporation will reject a proposal for award if it determines that
the Bidder recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question, The Corporation
will a firm in eligible, 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 Corrupt and fraudulent practices in competing for,
or in executing, a contract.
6. Intimation to Successful Tenderers:
The acceptance of tender may be communicated to the Successful
Tenderer in writing or otherwise either by the tender opening
authority or any authority in the 'Corporation'.
7. Issue of Work Order:
Work Order will be issued after execution of contract document.
8. Contract Documents:
The Consultant shall be furnished, free of charge, two certified true
copies of the contract documents.
9. Details to be Confidential:
The Consultant shall treat the details of the Contract as private and
confidential; save in so far as may be necessary for the purposes
thereof and shall not publish or disclose the same or any particulars
thereof in any trade or technical paper or elsewhere without the
previous consent in writing of the Engineer. If any dispute arises as
to the necessity of any publication or disclosure for the purpose of
the contract the same shall be referred to the Corporation whose
decision shall be final.
10. Official Secrecy:
The Consultant shall, whenever required, take necessary steps to
ensure that all persons employed on any Work in connection with this
Contract have noticed that the India official Secrets Act 1923 (XIX of
1923) applies to them and shall continue to apply even after execution
of such Work under the Contract.
11. Assignment:
The Consultant shall not assign transfer or attempt to assign.
Transfer the Contract or any part thereof or any benefit or interest
therein or there under otherwise than by a charge in favour of the
Consultant's bankers of any Money due or to become due under this
contract, without the prior written Approval of the Managing Director,
RGRHCL.
12. Subletting:
The Consultant shall not sublet or attempt to sublet the whole of
the Works. Except where otherwise provided by the Contract, the
Consultant can sublet some part of the Works to specialized sub
consultants with the prior written approval of the Engineer, which
shall not be unreasonably with held and such approval, if given, shall
not relieve the Consultant from any liability or obligation under
defaults and neglects of any subConsultant, his agents, servants or
Workmen as fully as if they were the acts, defaults or neglects of the
Consultant, his agents, servants or Workmen Provided always that the
engagement of labour on a . The Consultant shall be responsible for
observance by his subConsultants of the foregoing provisions.
13. Changes in Constitution:
Where the Consultant is a partnership firm, the prior approval in
writing of the Managing Director, RGRHCL shall be obtained before any
change is made in the constitution of the firm.
14. Power of Attorney:
The Consultant may at his discretion issue power of attorney in favour
of his bankers for routine payments to the Consultants through Bank.
15. Consultants Staff:
The Consultant shall employ in and about the execution of Works only
such persons as are skilled and are experienced in their respective
skills and the Engineer shall be at liberty to object to and require
the Consultant to remove from the Works any person, employed by the
Consultant in or about the execution of the Works, who in the opinion
of the Engineer misconducts himself or is incompetent or negligent in
the proper performance of his duties and such person shall not be
again employed upon the Works without permission of the Engineer.
16. Personnel:
The Consultant shall employ the key personnel named in the schedule of
key personnel or other personnel approved by the Engineer to carry out
the functions. The Engineer will approve any proposed replacement of
key personnel only if their qualifications, abilities and relevant
experience are substantially equal toor better than those of the
personnel listed in the schedule.
17. Facilities to the Other Consultants:
The Consultant shall, in accordance with the requirements of the
Engineer, afford all reasonable facilities to other Consultants
engaged contemporaneously on separate Contracts In connection with the
Works and for departmental labour and labour of any other properly
organization authority or statutory body which may be employed at the
Site on execution of any Work not included in the Contract or of any
Contract which the Corporation may enter into in connection with or
ancillary to the Works.
18. Patent' Right and Royalties:
The Consultant shall save harmless and indemnify the Corporation from
and against all claims and proceedings for or on account of
infringement of any Patent rights, design trademark or name of other
protected rights in respect of any constructional plant, machine Work,
or material used for or in connection with the Works or any of them
and from and against all claims, proceedings. Damages, costs, charges
and expenses whatsoever in respect thereof or in relation thereto.
19. Notices to Local Bodies:
(i) The Consultant shall comply with and give all notices required
under any Government Authority, Instrument, rule or Order made under
any Act of parliament, state laws or any regulation or Byelaws of any
local authorities or public utilities concern relating to Works. He
shall before making any variation from the contract drawings
necessitated by such compliance give to the Engineer a notice giving
reasons for the proposed variation and obtained Engineer's
instructions thereon.
20.Notices:
Subject as otherwise provided in this contract all notice to be given
on behalf of the Corporation and all other actions to be taken on its
behalf may be given or taken by the Engineer or any officer for the
time being entrusted with the functions, duties and powers of the
Engineer. All instructions, notices and communications etc. under the
contract shall be given in writing in English language only and if
sent by registered post to the last known place or abode or business
of the Consultant shall be deemed to have been served on the date when
in the ordinary course of post these would have been served on or
delivered to him.
21. Use of B.I.S. Specifications:
In case where no particular specification is given for any article to
be used under the contract, the relevant specification, where one
B.I.S. exists, of the Bureau of Indian Standards shall apply.
22. REPORTS
22.1 The Consultant shall summaries the findings, analysis, results
and recommendations of the previous study with all supporting
material. It shall cover the alignments proposed, methodologies for
shifting the services, traffic management schemes, structural schemes
during and after construction, construction methods proposed and
economic viability of the project.
23. 2. Reports should consist of:
• Designs concept of all components of structure
• Technical specification and design standard.
• General arrangement drawing.
• Shifting of utilities
• Selection of construction technology and methodology
• Aesthetics of grade separator and other urban design elements.
• Traffic diversion.
• Land acquisition
The Consultant shall prepare and sul5mit four copies of Monthly
Progress Report to RGRHCL by the 10th day of every month.
22.3 All reports and documents relevant to the project, maps, field
survey
notes/ calculations, computer programmes, etc., shall become the
property of the RGRHCL. Consultant shall provide soft copy of all
data, drawings, maps, plans, documents, reports, and presentations.
The Consultant shall certify all the design and drawings proof checked
made available for construction as "Good for construction" with the
signature of the competent Authority of the Consultant. Just
submission of proof checked design & drawings will not relieve the
consultant from their responsibilities.
It is the responsibility of the proof checking consultant regarding
the soundness of the structure/ all components of the said flyover.
22.4 Actions requiring specific approval of RGRHCL:
The Consultant will be required to obtain specific approval of RGRHCL
before taking any of the following actions:
a) approving subcontracting of any parts of the works.
b) Certifying additional cost.
c) Determining an extension of times.
d) Issue a variation order,
e) Recommendation for variation in work quantities, fixing rates or
prices.
22.5 Submission of Monthly Progress Report
The monthly progress reports shall be brief and concise and provide
means of closely monitoring project progress and forecasting
construction costs and shall cover the following:
Main activities undertaken and events for the period and progress
Report on the activities of the Contractor and Supervision staff.
Monitoring and evaluation of project progress and summary of
Consultants observations/result on quality control tests.
The Consultant shall prepare and submit four copies of Monthly
Progress Report to RGRHCL by the io" day of every month.
23 Final Deliverables
All the deliverables should be submitted in two hard copies and one
soft copy in DVD/ Pendrive. Any additional hard copy of the drawing
and designs , bid documents , estimates etc shall be payable over and
above the contract at market rates.
24. SPECIFIC RESPONSIBILITIES OF THE CONSULTANT
i) The consultant shall be responsible for arranging necessary living
accommodation, office facilities, transportation, equipment supplies,
investigations, testing secretarial services and all other input
required for the purpose of the services.
ii) The Consultant shall make his own arrangements for document
reproduction, printing and reproduction of all study reports during
the course of the study.
PARTIll
TIME SCHEDULE AND DELAYS
25. Commencement Time:
The time allowed for projects as specified in the contract documents
shall be the essence of the contract. The execution of the Works shall
commence from the date specified by the Engineer in writing. "lf the
Consultant fails or neglects to commence the execution of the Works as
aforesaid, the Corporation shall without prejudice to any other right
or remedy be at liberty to forfeit the security deposit absolutely.
26. Extension of Time due to unforeseen events:
If the work be delayed by (a) Force measure such as acts of God, act
of public enemy, act of government, floods, epidemics etc. or (b)
Abnormally bad weather, or I Serious loss or damage by fire, or (d)
Civil commotion, local combination of workmen, strike or lockout
affecting any of the trades employed on the work, or (e) Delay on the
part of other Consultant or tradesmen engaged by the Corporation in
executing works not forming part of the contract or (f) The reasons
stated In condition No 26 and 27.(g) Any other cause, in the absolute
discretion of the Engineer. Then upon the happening of any such event
causing delay, the Consultant shall immediately give notice thereof in
writing to the Engineer but shall nevertheless use constantly his best
endeavors to prevent or make good the delay and shall do all that may
be reasonable required to the satisfaction of the Engineer to proceed
with the work. Request for extension of time, to be eligible for
consideration shall be made by the Consultant in writing within 14
(fourteen) days of the happening of the event causing delay. The
Consultant may also, if practicable indicate in such a request the
period for which extension is desired. In any such case, the engineer
may give a fair reasonable extension of time for completion of
individual items or groups of items of work for which separate periods
of completion are specified in the contract or the contact as whole.
The decision of the Engineer in regard to the extension will be
communicated to the Consultant in writing within a reasonable time.
The time extended for completing the work shall be the essence of the.
27. Rate of Progress:
If for any reason, which does not entitle the Consultant to an
extension of time, the rate of progress of the Works or any Section is
at any time, in the opinion of the Engineer, too slow to comply with
the Time for Completion, the Engineer shall so notify the Consultant
who shall there upon take such steps as are necessary, subject to the
consent of the Engineer, to expedite progress so as to comply with the
time for Completion. The Consultant considers that it is necessary to
do any Work at night or on locally recognized days of rest, he shall
be entitled to seek the consent of the Engineer so to do. Provided
that if any steps, taken by the Consultant in meeting his obligations
under this Clause, involve the Corporation in additional supervision
costs, such costs shall be determined by the Engineer and shall be
recoverable from the Consultant and may be deducted by the Corporation
from any monies due or to become due to the Consultant and the
Engineer shall notify the Consultants accordingly.
28. Suspension of Work:
(a) The Consultant shall, on receipt of the order in writing of the
Engineer, suspend the progress of the Works or any part thereof for
such time and in such manner as the Engineer may consider necessary
for any of the following reasons:
(i) On account of continued noncompliance of the instructions of the
Engineer or any other default on the part of the Consultant, or
(ii) For proper execution of the Works or part thereof for reasons
other than the default of the Consultant, or
(iii) For safety of the Works or part thereof. The Consultant shall,
during such suspension, properly protect and secure the Works to the
extent necessary and carry out the instructions given in that behalf
by the Engineer.
(b) If the suspension is ordered for reasons (ii) and (iii) in
subpara (a) above, the Consultant shall be entitled to an extension
of time equal to the period of every such suspension plus a reasonable
time as decided by the Engineer. If the suspension is ordered for
reasons of (i) in subpara (a) above, the Engineer shall have powers
to suspend the payment under the contract. Such suspension of payment
may be continued until default shall have been rectified.
29. Non performance of Services levying of penalty
A penalty at 2% of the Consultants bill amount will be levied for Non
performance of Services as per Terms of Reference in respective
monthly bills, till the Consultant's performance is found satisfactory
to the Employer.
Total failure on the performance of services will render forfeiture of
the Security deposit.
PARTIV
BILLS AND PAYMENTS
30. Payments of Bills and Other Claims:
a) The payment of bills and other claims arising out of the contract
will be made by RTGS or by bank cheque. The fees to be paid to the
consultant shall be paid on the applicable project cost including
escalation as sanctioned by RGRHCL form time to time inclusive of all
prevailing taxes and statutory taxes except Goods & Service Tax which
shall be paid at the rates applicable on the date of payment. The
consultant shall submit the monthly invoices for Schedule for work
supervision to the Corporation. The Fees shall be paid on monthly
basis Equated over the construction period as stipulated in execution
tender.
PARTVI
TERMINATION OF CONTRACT AND SETTLEMENT OF DISPUTES
31. Jurisdiction:
31.1 In case of any claim, dispute or difference arising in respect of
a contract, the cause of action thereof shall be deemed to have arisen
in RGRHCL and all legal proceedings in respect of any such claim,
dispute or difference shall be instituted in a competent court in the
City of Bangalore only.
32. Laws Governing The Contract:
This contract shall be governed by the Indian Laws for the time being
in force
SECTION5
SPECIAL CONDITIONS OF CONTRACT
SECTION 5
SPECIAL CONDITIONS OF CONTRACT
Note: In case of any conflict between the Special Conditions of
Contract incorporated in this section with General Condition of
Contract given in Section 4, the former shall prevail over the latter.
1.0 General provision
1.1 Definitions
In addition to the definitions given in GCC, unless the context
otherwise requires the following terms whenever used in this contract
have the following meanings
(a) "Applicable law" means the law and any other instruments having
the force of law in India, as they may be issued and in force from
time to time;
(b) "Consultant" means a sole bidder
(c) "GC" means general conditions of contract of Rajiv Gandhi Rural
Housing Corporation Limited ;
(d) "SC" means the special conditions of contract by which these
general conditions of contract may be amended or supplemented;
(e) "Government" means the Government of India;
(f) "State Government" means the State Government of Karnataka
(g) "Corporation" means Rajiv Gandhi Rural Housing Corporation Limited
(h) "Local Currency" means Indian Rupees;
(i) "Personnel" means persons hired by the consultant or by any sub
consultant as employee and assigned to the performance the services or
any part thereof; "Local Personnel" means such persons who at the time
of being so hired had their domicile inside India and 'Key Personnel'
mean the personnel referred to in clause SC 4.2(a);
(j) "Party " means the Corporation or the consultant, as the case may
be and parties means both of them;
k) "Project Cost" ,means Total Cost of project as sanctioned by
RGRHCL including escalation, contingencies applicable from time to
time;
(I) "Services" means the work to be performed by the consultants
pursuant to this contract for the purposes of the project, as
described in Terms of reference hereto;
(rn) "Sub consultants " means any entity to which the consultants sub
contract any part of the services in accordance with the provisions of
Clause SC 3.7;
(n) "Third Party" means any person or entity other than the Central
Government, State Government, 'Corporation', Consultant or a
SubConsultant;
(o) '"Corporation', means "Rajiv Gandhi Rural Housing Corporation
Limited"; represented by the Chief officer and shall include any
official authorized by him;
(p) ''Technical Proposal" means the technical proposal submitted by
the consultant and accepted by the 'Corporation';
1.2 Relations between the parties
Nothing contained herein shall be construed as establishing a relation
of master and servant or of agent and principal as between the
Corporation and the consultants. The consultants, subject to this
contract, have complete charge of Personnel performing the services
and shall be fully responsible for the services performed by them or
on their behalf hereunder.
1.3 Language
This contract has been executed in English, which shall be binding and
controlling language for all matters relating to or interpretation of
this contract
1.4 Headings
The headings shall not limit, alter or affect the meaning of this
contract.
1.5 Notices
1.5.1 Any notice, request or consent required or permitted to be given
or made pursuant to this contract shall be in writing. Any such
notice, request or consent shall be deemed to have been given or made
when delivered in person to an authorized representative of the party
to whom the communication is addressed, or when sent by registered
mail, telex, telegram or facsimile to such party at the address
specified in the SC.
1.5.2 Notice will be deemed to be effective as specified in the SC.
1.5.3 A party may change its address for notice hereunder by giving
the other party notice of such change pursuant to the provisions
listed in the SC with respect to clause 1.5.2 above
1.6 Location
The Services shall be performed at such locations as approved by the
Corporation hereto and, where the location of a particular task is not
so specified, at such locations, whether in India or elsewhere, as the
Corporation may approve.
1.7. Authority of Member in charge
The member hereby authorize the entity specified in the SC to act on
their behalf in exercising all the consultants' rights and obligations
towards the Corporation under this contract, including without
limitation the receiving of instructions and payments from the
'Corporation' .
1.8. Authorized Representatives
Any action required or permitted to be taken, and document required or
permitted to be executed, under this contract by the Corporation or
the consultants may be taken or executed by the officials specified in
the SC.
2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
2.1 Effectiveness of Contract
This contract shall come into force and effect on the date (the
"Effective Date") of the 'Corporation's notice to the consultants
instructing the consultants to begin carrying out the services. This
notice shall confirm that the effectiveness conditions that, if any,
listed in the SC have been met.
2.3 Termination of contract for Failure to become Effective
If this contract has not become effective within such time period
after the date of the contract signed by the parties as shall be
specified in the SC, either party may, by not less than four (4) weeks
written notice to the other party, declare this contract to be null
and void and in the event of such a declaration by either party
neither party shall have any claim against the other party with
respect hereto.
2.4 Commencement of services
The consultant shall begin carrying out the services at the end of
such time period after the effective date as shall be specified in the
SC.
2.5 Expiration of contract
Unless terminated earlier pursuant to clause SC 2.9 hereof, this
contract shall expire when services have been completed and all
payments have been made at the end of such time period after the
effective date as shall be specified in the SC.
2.6 Entire Agreement
This contract contains all covenants, stipulations and provisions
agreed by the parties. No agent or representative of either party has
authority to make, and the parties shall not be bound by or be liable
for, any statement representation, promise or agreement not set forth
herein.
2.7 Modification
Modification of the terms and conditions of this contract, including
any modification of the scope of the services, may only be made by
written agreement between the parties, however each party shall give
due consideration to any proposals for modification made by the other
party.
2.7 Force Majeure
2.7.1 Definition
(a) For the purposes of this contract, " Force Majeure" means an event
which is beyond the reasonable control of a party and which makes
parties performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action
(except where such strikes, lockouts or other industrial action are
within the power of the party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a party or such party's sub
consultants or agents or employees, nor (ii) any event which a
diligent party could reasonably have been expected to both [A] take
into account at the time of the conclusion of this contract and [BJ
avoid or overcome in the carrying out its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure
to make any payment required hereunder.
2.7.2 No Breach of Contract
The failure of a party to fulfill any of its obligations hereunder
shall not be considered to be a breach of, or default under, this
contract insofar as such inability arises from an event of Force
Majeure, provided that the party affected by such an event has taken
all reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this contract.
2.7.3 Measures to be taken
(a) A party affected by an event of Force Majeure shall take all
reasonable measures to rEMDve such party's inability to fulfill its
obligations hereunder with minimum of delay.
(b) A party affected by an event of Force Majeure shall notify the
other party of such event as soon as possible and in any event not
later than fourteen (14) days following the occurrence of such event
providing evidence of the nature and cause of such event and shall
similarly give notice of the restoration of normal conditions as soon
possible.
(c) The parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.7.4 Extension of Time
Any period which a party shall pursuant to this contract complete any
action or task shall be extended for a period equal to the time during
which such party was unable to perform such action as a result of
Force Majeure.
2.7.5 Consultation
Not later than thirty (30) days after the Consultants, as the result
of an event of Force Majeure, have become unable to perform a material
portion of the services, the parties shall consult with each other
with a view to agreeing on appropriate measures to be taken in the
circumstances.
2.8 Suspension
The Corporation may by written notice of suspension to the
consultants, suspend all payments to the consultants hereunder if the
consultants fail to perform any of their obligations under this
contract, including the carrying out of the services provided that
such notice of suspension (i) shall specify the nature of the failure
and (ii) request the consultant to remedy such failure within the
period not exceeding thirty (30) days after giving the consultants of
such notice of suspension.
2.9 Termination
2.9.1 by the ‘Corporation’
The Corporation may by not less than thirty (30) days written notice
of termination to the consultants (except in the event listed in
paragraph (f) below, for which there shall be a written notice of not
less than forty five (45) days, such notice to be given after the
occurrence of the events specified in the paragraph (a) through (f) of
this clause SC 2.9.1 terminate this contract.
(a) If the consultants fail to remedy in the performance of their
obligations hereunder, as specified in a notice of suspension pursuant
to clause GC 2.8 herein above , within thirty (30) day of receipt of
such notice of suspension or within such further period as the
Corporation may have subsequently approved in writing;
(b) If the consultants become ( or , if the consultants consist of
more than one entity , if any of their members become) insolvent or
bankrupt or enter into any agreements with their creditors for relief
of debt or take advantage of any law for the benefit of debtors or go
into liquidation or receivership whether compulsory or voluntary;
(c) If the consultants fail to comply with any final decision reached
as a result of arbitration proceedings pursuant to clause SC 8 hereof
;
(d) If the consultants submit to the Corporation a statement which has
a material effect on the rights , obligations or interests of the
Corporation and which the consultants know to be false;
(e) If as the result of Force Majeure, the consultants are unable to
perform a material portion of the services for a period of not less
than thirty (30) days; or
(f) If the 'Corporation', in its sole discretion and for any reason
whatsoever, decides to terminate this contract.
2.9.2 By the Consultants
The consultants may, by not less than thirty (30) days written notice
to the 'Corporation ' , such notice to be given after the occurrence
of any of the events specified in paragraphs (a) through (d) of this
clause SC 2.9.2, terminate this contract.
(a) if the Corporation fails to pay any money due to the consultants
pursuant to this contract and not subject to dispute pursuant to
clause 8 hereof within 180(0ne Hundred eighty Days) after receiving
written notice from the consultants that such payment is overdue;
(b) if the Corporation is in material breach of its obligations
pursuant to this contract and has not remedied the same within180(0ne
Hundred eighty Days) ( or such longer period as the consultant may
have subsequently agreed in writing ) following the receipt by the
RGRHCL or the Consultants notice specifying such breach;
(c) if, as the result of Force Majeure, the consultants are unable to
perform a material portion of the services for a period of 180(0ne
Hundred eighty Days)
or
(d) If the Corporation fails to comply with any final decision reached
as a result of arbitration pursuant to clause SC 8 hereof.
2.9.3 Cessation of Rights and Obligation:
Upon termination of this Contract pursuant to Clauses SC2.2 or 2.9
hereof, or upon expiration of this Contract to Clause SC2.4 hereof,
all rights and obligations of the Parties hereunder shall cease,
except:
(i) Such rights and obligations as may have accrued on the date of
termination or expiration;
(ii) The obligation of confidentially set forth in Clause SC3.3
hereof; (iii) Any right which a Party may have under the Applicable
Law.
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the
other pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Consultants
shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents
prepared by the Consultants and equipment and materials furnished by
the 'Corporation', the Consultants shall proceed as provided,
respectively, by Clauses SC 3.9 or 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses SC 2.9.1 or
2.9.2 hereof, the Corporation shall make the following payments to the
Consultants (after offsetting against these payments any amount that
may be due from the Consultant to the 'Corporation'):
(i) Payment pursuant to Clause SC 6 hereof for Services satisfactorily
performed prior to the effective date of termination, and
(ii) Except in the case of termination pursuant to paragraphs (a)
through (d) of Clause SC 2.9.1 hereof, reimbursement of any reasonable
cost incident to the prompt and orderly termination of the Contract.
2.9.6 Disputes about Events of Termination
If either Party disputes whether as event specified in paragraphs (a)
through (e) of Clause SC 2.9.1 or in Clause SC 2.9.2 hereof has
occurred, such party may, within 45 days after receipt of notice of
termination from the other Party, refer the matter to arbitration
pursuant to Clause SC 8 hereof, and this Contract shall not be
terminated on account of such event except in accordance with the
terms of any resulting arbitral award.
3.0 OBLIGATIONS OF THE CONSULTANTS
3.1 General
3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their
obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment,
machinery, materials and methods. The Consultants shall always act, in
respect of any matter relating to this Contract or to the Services, as
faithful advisors to the 'Corporation ' , and shall at all times
support and safeguard the 'Corporation ' s legitimate interests in any
dealings with subconsultants or third parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the
Applicable Law and shall take all practicable steps to ensure that any
subconsultants, as well as the personnel and agents of the
Consultants and any subconsultant comply with the Applicable Law. If
required the Corporation shall advise the Consultants in writing of
relevant loccl customs and the Consultants shall, after such
notifications, respect such customs.
3.2 Conflict of Interests
3.2.1 Consultants not to benefit from Commissions, Discounts, etc.
The remuneration of the Consultants pursuant to Clause SC 6 hereof
shall constitute the Consultants' sole remuneration in connection with
this Contract or the Services and, subject to Clause SC 3.2.2 hereof,
the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities
pursuant to this Contract or to the Services or in the discharge of
their obligations hereunder, and the Consultants shall use their best
efforts to ensure that any subconsultants, as well as the personnel
and agents of either of them, similarly shall not receive any such
additional remuneration.
3.2.2 Procurement Rules
If the Consultants, as part of the Services, have the responsibility
of advising the Corporation on the procurement of goods, works or
services, the Consultants shall at all times exercise such
responsibility in the best interest of the 'Corporation ' . Any
discounts or commissions obtained by the Consultants in the exercise
of such procurement responsibility shall be for the account of the
'Corporation'.
3.2.2 Consultants and Affiliates not to engage in certain Activities
The Consultants agree that, during the term of this Contract and after
its termination, the Consultants and any entity affiliated with the
Consultants, as well as any other subconsultant and any entity
affiliated with such subconsultant, shall be disqualified from
providing goods, works or services for any project resulting from or
closely related to the Services under this Contract to any
Consultant/concessionaire.
3.2.3 Prohibition of Conflicting Activities
Neither the consultants nor their subconsultants nor the personnel of
either of them shall engage, either directly or indirectly, in any of
the following activities:
(a) During the term of this Contract, any business or professional
activity in the Governments' country which would conflict with the
activities assigned to them under this Contract; or
(b) After the termination of this contract, such other activities as
may be specified in the SC.
3.3 Confidentiality
The Consultants, their subconsultants and the personnel of either of
them shall not, either during the term or within two (2) years after
the expiration of this contract, disclose any proprietary or
confidential information relating to the project, the Services, this
Contract or the 'Corporation's business or operations without the
prior written consent of the 'Corporation'.
3.4 Limitation of the Consultants' Liability towards the Corporation
(a) Except in case of gross negligence or willful misconduct on the
part of the Consultants or on the part of any person or firm acting on
behalf of the Consultants in carrying out the Services, the
Consultants with respect to damage caused by the Consultants to the
'Corporation ' s property, shall not be liable to the 'Corporation '
(i) For any indirect or consequential loss or darnaqe; and
(ii) For any direct loss or damage that exceeds
(A) The total payments for professional Fees for each schedules made
or expected to be made to the Consultants under this contract, or
(B) the proceeds the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a liability,
whichever of (A) or (8) is higher.
3.5 This limitation of liability shall not affect the consultants'
liability, if any, for damage to third parties caused by the
Consultants or any person or firm acting on behalf of the Consultants
in carrying out the Services.
3.6 Indemnification of the 'Corporation' by the Consultant:
3.6.1 The Consultant shall indemnify, protect and defend at his own
expense the "Corporation", its agents and its employees from and
against any and all actions, claims, losses or damages arising out of
Consultant's failure to exercise the skill and care required under
foregoing clause 3.1.1.
3.6.2 Consultant shall, at his own expense, upon request of
'Corporation' reperform the services in the event of Consultant's
failure to exercise the skill and care required under foregoing clause
3.1.1.
3.6.3 Notwithstanding the provisions of the foregoing sections, the
Consultant shall have no liability whatsoever for actions, claims,
losses or damages occasioned by (i) 'Corporation' overriding a
decision or recommendation of the Consultant or requiring Consultant
to implement a decision or recommendation with which Consultant does
not agree, or (ii) the improper execution of Consultant's instructions
by agents, employees or independent Consultants of 'Corporation'.
3.6.4 The Consultant will execute an Indemnity Bond as per Form9 of
this TENDER Document.
3.7 Consultants' Actions requiring Corporation's prior Approval
The Consultants shall obtain the 'Corporation's prior approval in
writing before taking any of the following actions:
(a) Appointing such members of the Personnel as are listed in
Technical proposal merely by title but not by name.
(b) Entering into a subcontract for the performance of any part of the
Services, it being understood (i) that the selection of the
subconsultant and the terms and conditions of the subcontract shall
have been approved in writing by the Corporation prior to the
execution of the subcontract, and (ii) that the Consultants shall
remain fully liable for the performance of the Services by the
Subconsultant and its Personnel pursuant to this Contract; and
(c) The Consultants shall not use these documents for purposes
unrelated to this contract without the prior written approval of the
'Corporation'.
3.8 Reporting Obligations
The Consultants shall submit to the Corporation the reports and
documents specified in section 2 scope of work, in the form, in the
numbers and within the time periods as specified.
3.9 Documents prepared by the Consultants to be the Property of the
'Corporation
All plans, drawings, specifications, designs, reports and other
documents prepared by the Consultants in performing the Services shall
become and remain the property of the 'Corporation', and the
Consultants shall, not later than upon termination or expiration of
this Contract, deliver all such documents to the 'Corporation',
together with a detailed inventory thereof. The Consultants may retain
a copy of such documents, however the Consultants shall not use these
documents for purposes unrelated to this contract without the prior
written approval of the 'Corporation'.
4.0 CONSULTANT'S PERSONNEL
4.1 General
The consultants shall employ and provide such qualified and
experienced personnel as are required to carry out the services.
4.2 Description of Personnel
(a) The titles, job descriptions and minimum qualification of the
consultant's minimum Key personnel are described in Annexure 1 of
Section2. The estimated period of their engagement is to be indicated
by the bidder in his technical proposal.
(b) If the additional work is required beyond the scope of the
services specified in Terms of reference the estimated periods of
engagement of key personnel set forth in Technical proposal may be
increased by agreement in writing between the Corporation and the
consultants; with a corresponding increase in the fee to be paid to
the consultants due to such additional work.
4.3 Approval of personnel
The key personnel and sub consultants listed by title as well as by
name in Technical Proposal and accepted by the Corporation shall deem
to be approved by the 'Corporation'. In respect of other Key Personnel
that the consultants propose to use in carrying out of the service, in
terms of para 4.4 of the sec , the consultants shall submit to the
RGRHCL or review and approval a copy of their biographical data. If
the Corporation does not object in writing (stating the reasons for
the objection) within twenty one (21) calendar days from the date of
receipt of such biographical data and (if applicable) such
certificate, such key personnel shall be deemed to have been approved
by the 'Corporation '.
4.4 REMDval and/or Replacement of Personnel
(a) Except as the Corporation may otherwise agree, no changes shall be
made in the Key Personnel. If, for any reasons beyond the reasonable
control of the consultants, it becomes necessary to replace any of the
personnel, the consultants shall forthwith provide as a replacement
another person of equivalent or better qualifications.
(b) If the Corporation (i) finds that any of the personnel has
committed serious misconduct or has been charged with having committed
a criminal action or (ii) has reasonable cause to be dissatisfied with
the performance of any of the personnel, then the consultants shall at
the 'Corporation's written request specifying the grounds therefore,
forthwith provide as a replacement a person with qualification and
experience acceptable to the 'Corporation '.
5.0 OBLIGATIONS OF THE 'RGRHCL'
5.1 Assistance and exemptions
Unless otherwise specified in the SC, the Corporation shall use its
best efforts to ensure that the Corporation shall:
(a) Assist the consultants, Sub consultants and Personnel in obtaining
work permits and such other documents as shall be necessary to enable
the Consultants, Sub consultants or Personnel to perform the services;
(b) Assist for the personnel and if appropriate, their eligible
dependence to be provided promptly with all necessary entry and exit
visas, residence permits, exchange permits and any other documents
required for their stay in India;
(c) Provide to the consultants, sub consultants and personnel any such
other assistance as may be specified in the SC.
5.3 Changes in the Applicable Law
If after the date of this contract, there is any change in the
Applicable Law with the respect to taxes and duties which increase or
decrease the cost or reimbursable expenses incurred by the consultants
in performing the services then the remuneration and reimbursable
expenses otherwise payable to the Consultants under this Contract
shall be increased or decreased accordingly by agreement between the
parties hereto, and corresponding adjustments shall be made to the
ceiling amounts specified in Clause SC 6.1 (b).
5.4 Payment
In consideration of the Services performed by the consultants under
this Contract, the Corporation shall make to the Consultants such
payments and in such manner as is provided by the Clause SC 6 of this
Contract.
6.0 PAYMENTS TO THE CONSULTANTS
6.1 Currency of Payment
All payments shall be made in Indian Rupees only.
6.2 Mode of Billing and Payment
Billing and payment in respect of the Services shall be made as
follows:
The payment shall be made as given in payment schedule.
The fees to be paid to the consultant shall be paid on the applicable
project cost including escalation as sanctioned by RGRHCL form time to
time inclusive of all prevailing taxes and statutory taxes at rates
prevailing a time of submission of tender except Goods & Service Tax
which shall be paid at the rates applicable on the date of payment.
The Corporation shall cause the payment of the Consultants
periodically as given in schedule of payment above within fifteen (15)
days after the receipt by the Corporation of bills with supporting
documents. Only such portion of a monthly statement that is not
satisfactorily supported may be withheld from payment.
a. In case any consultancy services outside the scope of work is
required to be provided for successful completion of the assignment in
any schedule, the same shall be carried out by the consultants.
Payments for such services shall be made on the mutually agreed rates
and other terms and conditions.
7.0 FAIRNESS AND GOOD FAITH
7.1 Good Faith
The parties undertake to act in good faith with respect to each
other's rights under this contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.
7.2 Operation of the Contract
The parties recognize that it is impractical in this contract to
provide for every contingency which may arise during the life of the
Contract, and the parties hereby agree that it is their intention that
this contract shall operate fairly as between them, and without
detriment to the interest of either of them, and that, if during the
term of this Contract either party believes that this Contract is
operating unfairly, the parties will use their best efforts to agree
on such actions as may be necessary to remove the cause or causes of
such unfairness, but no failure to agree on any action pursuance to
this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause 8 hereof.
8.0 SETTLEMENT OF DISPUTES
8.1 Amicable Settlement
The parties shall use their best efforts to settle amicably all
disputes arising out of or in connection with this Contract or the
interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this
contract which cannot be settled amicably within thirty (30) days
after receipt by one party on the other party's request for such
amicable settlement may be submitted by either party for settlement
through arbitration in accordance with the following provisions:
8.2.1 If a dispute of any kind whatsoever arises between the Engineer
lncharge and the Consultant in connection with, or arising out of, the
Contract or the scope of the work, whether during the study period or
after completion of the study and whether before or after repudiation
or termination of the Contract, including any dispute as to any
opinion, instruction, determination, certification or valuation of the
Engineer lncharge, the matter shall be in the first place, be referred
in writing to the Engineer lncharge within 180 days of its occurrence
for review, with a copy to the 'Corporation'. If the Consultant fails
to refer the dispute for review within 180 days, the Engineer
lncharge's decision shall be final and binding on the Consultant. Such
reference shall state that it is made pursuant to this Clause. No
later than the fourteenth day after the day on which he received such
reference, the Engineer In charge shall give notice of his decision to
the Corporation and the Consultant. Such decision shall state that it
is made pursuant to this Clause.
Notwithstanding the arising of any dispute, unless the Contract has
already been repudiated or terminated, the Consultant shall, in every
case, continue to proceed with the work with all due diligence and the
Consultant and the Engineer In charge shall give effect forthwith to
every such decision unless and until the same shall have been revised,
as hereinafter provided.
8.2.2 If either the RGRHCL or the Consultant disagrees with the
decision of the Engineer In charge, the decision shall then be
referred by the RGRHCL or by the Consultant, within 30 days of the
decision of the Engineer In charge to the Project Implementation Unit
(PIU) constituted by the "Chief Officer''. A copy of such reference
shall also be endorsed to the Engineer. The PIU shall give its advice
in writing to the Corporation within 180 days of receipt of
notification by it. The Pl U may call upon the Engineer In charge and
the Consultant to hear their case before giving its advice. The
Corporation shall then take appropriate decision on the said advice of
the Pl U and communicate to the Consultant within 30 days failing
which the advice of the Committee shall be binding on the
'Corporation'.
8.2.3 If a dispute of any kind whatsoever arises between the Engineer
In charge and the Consultant in connection with any discrepancy found
to be exist between actual payment or delay in payment and costs
authorized to be incurred by the Consultants, the Corporation may add
or subtract the difference from any subsequent payments with Interest
at the rate of prime lending rate of State Bank of India plus two
percent for the period over and above fifteen days shall become
payable as from the above due date on any amount due by, but not paid
on such due date.
8.2.3 If the decision of the Corporation reached on consideration of
the advice of the Project Implementation unit (PIU) is not acceptable
to the Consultant, the Consultant may notify the Corporation within 30
days of the receipt of the said decision, failing, which the
Corporation's decision shall be final and binding on the Consultant.
The arbitration proceedings shall be conducted in accordance with the
Arbitration and Conciliation Act 1996, or any modification thereof.
The arbitrator shall give his decision within 4 months from the date
of reference of the dispute to him. The decision of the above said
arbitrator shall be final and binding on the RGRHCL and the
Consultant.
8.2.4 Miscellaneous
In any arbitration proceeding hereunder:
a. Proceedings shall, unless otherwise agreed by the Parties, be held
in Bangalore
b. The English language shall be the official language for all
purposes.
9.0 FORE CLOSURE
9.1 In the event that the Consultancy services has to be terminated at
any stage for any reason whatsoever during the currency of the
consultancy contract, the Corporation may, by not less than Sixty (60)
days written notice of foreclosure (the expiry of the notice period
whereof being the date of termination) to the consultant, terminate
the contract.
9.2 Upon termination of this contract, the consultant shall take
necessary steps to bring the work to a close in a prompt orderly
manner and shall handover all the documents/ reports prepared by the
Consultant up to and including the date of termination to the
'Corporation '.
9.3 The consultant shall be duly paid for the works carried out and
services rendered till the date of termination.
FORM 1
FORM FOR SUBMISSION OF PROPOSAL
FORM 1
PROPOSAL SUBMISSION FORM
(On letter head of the Consultant Leader)
To,
The Managing Director,
Rajiv Gandhi Rural Housing Corporation Limited
No.1,2,3,4 I.T. Park,
Rajajinagar industrial Area,
Rajajinagar, Bangalore 560 044
Sub: Tender Document for Empanelment for Architect Engineering
Companies (AEC) for Development of various works identified by Rajiv
Gandhi Rural Housing Corporation Limited
Ref: Tender Notice No.
Sir,
1. Having examined the completeness of TENDER documents, studied the
terms and conditions of contract stipulated in the TENDER documents,
we the undersigned offer to provide 'Tender Document for Empanelment
for Architect Engineering Companies (AEC) for Development of various
works identified by Rajiv Gandhi Rural Housing Corporation Limited' as
specified in the Terms of Reference.
2. We undertake, if our proposal is accepted, to:
(i) Enter into the contract agreement within 30 days (Thirty) of issue
of letter of award.
3. Unless and until a formal agreement is prepared and executed, this
proposal together with your written acceptance thereof shall
constitute a binding contract between us.
4. We, (Name of Company) submit herewith our Proposal for selection of
our firm as Owners Consultant for the above mentioned Project. The
submission comprises of;
(1) Folder1: Technical Proposal
(2) Folder2: Financial proposal
5. The Proposal is being submitted by (Name of the consultant) in
accordance with the conditions stipulated in the TENDER.
6. We have examined in detail and have understood the terms and
conditions stipulated in the TENDER Document issued by 'Corporation •.
We agree and undertake to abide by all these terms and conditions. Our
Proposal is consistent with all the requirements of submission as
stated in the TENDER or any of the subsequent communications from
'Corporation'. Our proposal contains no conditions.
7. The information submitted in our Proposal is complete, is strictly
as per the requirements stipulated in the TENDER document and is
correct to the best of our knowledge and understanding. We would be
solely responsible for any errors or omissions in our proposal.
8. The Consultancy Firm of satisfies the legal requirements and meets
all the eligibility criteria laid down in the TENDER.
9. We as the Consultant, designate Mr. (mention name, designation,
contact address, phone no. fax no. etc.,) as our Authorized
Representative and Signatory who is authorized to perform all tasks
including, but not limited to providing information, responding to
enquires, entering into contractual commitments etc. on behalf of us
in respect of the Assignment.
10. 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".
11. We certify that in preparation and submission of Technical and
Financial information, we have not taken any action which is or which
constitutes a corrupt or fraudulent practice as defined in the TENDER
documents.
12. We agree to allow 'Corporation', at its option, to inspect and
audit all accounts, documents, and records relating to the
Consultant's Proposal and to the performance of the ensuing
Consultant's Contract.
13. We understand that, the Corporation is not bound to accept any
proposal that they may receive.
14. This offer is valid for a period of 180 days from the date of
opening of the bid.
Yours Faithfully
For and on behalf of:
Enclosures: As Above
APPENDIX 1
FORMS FOR TECHNICAL PROPOSAL
Form 2
Relevant Experience and Project Credentials as per section 2 scope of
work of this document in the Last 7 Years Which Best Illustrate
Qualifications and As per eligibility criteria stated in clause 3 of
letter of invitation.
The following information should be provided in the format below for
each reference assignment for which your firm, was legally contracted
by the Employer stated below.
Assignment Name :
Location within country:
Field of Professional Services Provided by your Firm:
Name of Employer :
No. of Staff:
Address of the Employer :
No. of Staff Months :
Start Date (Month/Year)
Completion Date: (in Current Rs.)
(Month/Year)
Approx. Value of the Project:
Approx. Value of Services :
(in Current Rs.)
Brief details of the Project:
Names of Senior Staff (including Project Director/Coordinator, Team
Leader) involved and functions performed:
Narrative Description of Project :
Description of Actual Services Provided by your Staff:
PLEASE ATTACH THE CLIENT'S CERT/FICA TE IN SUPPORT OF THE CLAIM OF
EXPERIENCE. IN CASE THE CLIENT'S CERTIFICATE IS NOT ATTACHED, THE
CLAIMED EXPERIENCE WILL NOT BE CONSIDERED.
Form 3
Format of Curriculum Vitae (CV) of proposed Key Personnel
Proposed Position on this Study:

Name of
Firm:
Name of
Staff:
Profession:

Year with the Firm:

Details of Tasks Assigned:

Education:
(Summarize College/ University and other specialized education of
staff member, giving names of schools, dates attended and degrees
obtained)

Employment Record & Present commitments:
(Starting with present position, list in reversed order, every
employment held. List all positions held by staff member since
graduation, giving dates, names of employing organization, title of
positions held and location of assignments. For experience in last ten
years, also give types of activities performed and Corporation
references, where appropriate. The information to be provided will
include the position, commitment in man¬days for this project along
with all other ongoing projects, project brief including location,
cost, duration of assignment & current status etc).
Certification:
I, the undersigned, certify that to the best of my knowledge and
belief, this biodata correctly describes my qualification my
experience and me.
Date: Day/ Month/ Year
Signature of Staff Member / Authorized official from the firm:

Form 4
Summary of proposed Key Personnel
SN
Area of
Expertise
Name of Expert
Date of Birth
Educational/Professional Qualification
Experience
Note 1 : Above listed Key personnel shall not be replaced unless
written permission of the Managing Director, otherwise it will attract
deduction in consultancy fees.
2: The total replacement of the above Key personnel shall not be more
than 25 %.
APPENDIX2
FORMATS OF FINANCIAL PROPOSAL
Form 5
SCHEDULE OF PRICE PROPOSAL
SN
Description of item
Fee (as percentage of Project cost as approved by RGRHCL from time to
time)
In figures
In words
Total contract charges as per defined scope of work
(as percentage of total project cost including professional charges,
other expenses, out of pocket expenses, traveling cost & taxes
applicable on date of the submission of proposal excluding Goods &
Service Tax 2017 or any other tax replacing Goods & Service Tax which
shall be paid over and above the charges mentioned here to the
consultant)
We understand fees as percentage of project cost inclusive of all
prevailing taxes and statutory taxes except Goods & Service Tax which
shall be paid at the rates applicable on the date of payment of the
consultancy services as per which prices have been quoted. The rates
quoted shall have no bearing on financial bid submitted by us and
shall not be considered for evaluation.
We understand that Corporation is not bound to accept any proposal
that they may receive.
Note: Price Should be quoted only in eprocurement portal, above table
is for reference purpose only.
Appendix 3
AGREEMENT FORM
(On appropriate Legal Stamp Paper)
This Agreement made this day of 2017, between Rajiv Gandhi Rural
Housing Corporation Limited (RGRHCL), (hereinafter called "The
Authority") on one hand and on the other hand (hereinafter called "The
Consultant".)
Whereas the Consultant has offered to perform certain services in this
Contract No . . .. . . . . . . . .. . . . ... . . . . . . .. . . for
"Tender Document for Empanelment for Architect Engineering Companies
(AEC) for Development of various works identified by Rajiv Gandhi
Rural Housing Corporation Limited". The Corporation has accepted the
offer of the Consultant for the performance of such services.
Now this Agreement Witnesseth as follows:
1. The following documents shall be deemed to form and be read and
construed as part of this Agreement, namely:
(a) Tender Document & Proposal Submission Form
(b) The Conditions of Contract (General Conditions of Contract and
Special Conditions of Contract)
(c) The Appendices 1 to 3 (as per Tender Document)
(d) Section 2 Scope of Work
(e) Section 3 Payment Schedule
2. The mutual rights and obligations of the Authority and the
Consultant shall be set forth in the contract,
(a) The Consultant shall carry out the Services in accordance with the
provisions of the contract,
(b) After issuing of work order to the successful bidder by RGRHCL,
RGRHCL will give one copy of work order to the Consultant
(c) The consultant shall assist RGRHCL Engineer from time to time in
measuring the works, taking levels, etc. as required for recommending
the RA Bills jointly for recording the measurement in the measurement
book which will be done by RGRHCL Engineer,
(d) After completion of work, Final Bill with necessary completion
report as per Govt. procedure will be prepared and the Consultant
shall submit it to RGRHCL for approval of Engineer who will finally
and issue the Completion Certificate,
(e) The Client shall make the payments to the Consultant(s) in
accordance with the Section 3.
f) Law Governing the Contract
This Contract, its meaning and interpretation, and the relation
between the Parties shall be governed by the Applicable Law.
(g) Language
The Contract has been executed in the English language, which shall be
the binding and controlling language for all matters relating to the
meaning of interpretation of this Contract.
(h) Notices
Any notice, request or consent required or permitted to be given or
made pursuant to this Contract shall be in writing and shall be deemed
to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or
when sent by registered mail, telex, telegram or facsimile to such
Party at the address specified to each other from time to time.
(i) Authorized Representatives :
Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by the
RGRHCL or the Consultant may be taken or executed by the officials
specified from time to time or any other official duly appointed.
U) Taxes and Duties
All duties, taxes and other levies as applicable on date of submission
of Tender shall be payable by the Bidders (except GST and related
payments as per GST Rules 2017 or any other tax substituting GST, and
value added tax whichever tax shall be paid extra as applicable on
date and shall be over and above the bid price) in respect of the
transaction between the Bidders and their vendors/subsuppliers shall
be included in the Proposal's price and 'Corporation' will entertain
no claim on this behalf. All taxes, duties and levies (except GST and
value added tax) in respect of the transaction between 'Corporation'
and Bidders shall be included in the price quoted. However, any
increase in the statutory tax after submission of bid shall be on
'Corporation's account and shall be reimbursed on actual basis
wherever there is any increase. GST and value added tax is not
included in the bid price quoted by bidder and shall be paid over and
above the price quoted at the rates prevailing on the date of each
payment. Any other tax applicable after submission of tender shall be
borne by Corporation.
3. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
Effectiveness of Contract
This Contract shall come into effect on the date of signing of this
Agreement.
The Consultant shall begin carrying out the Services immediately on
issue of Work Order.
Time period
The time period of consultant for each project under the contract
shall be same as that of mentioned in the tender document of the
appointed execution agency of the said project. Any extension of time
period being granted to the appointed execution agency by Authority
shall automatically shall be applicable to the consultant also however
the consultant shall be liable to received additional remuneration
based on prorate basis as per mutually agreed terms.
Expiration of Contract
Unless terminated earlier, this contract shall expire when all
services required for all project for which services have been
rendered by consultant are completed and all payments have been made
at the end of such time period after the effective date of work order
however for providing services for a particular execution work for
supervision the time period specified in the execution tender shall be
deemed to be the time period of consultant for work supervision and
such extension of time as may be granted . to the work execution shall
be granted to consultant with his consent and additional cost
implications.
Modification
Modification of the terms and conditions of this contract, including
any modification of the scope of the services or of the contract
price, may only be made by written agreement between the parties.
Force Majeure
a) Definition
For the purpose of this contract, "Force Majeure" means an event which
is beyond the reasonable control of a party and includes war,
invasion, revolution, sabotage, act of God, earthquake, floods and
which makes a party's performance of its obligations under the
contract impossible or so impractical as to be considered impossible
under the circumstances.
b) No Breach of Contract
The failure of a party to fulfill any of its obligations under the
contract shall not be considered to be a breach of, or default under
this contract on so far as such inability arises from an event of
force Majeure, provided that the party affected by such an event (a)
has taken all reasonable precautions, due care and reasonable
alternative measures on order to carry out the terms and conditions of
this Contract, and (b) has informed the other Party as soon as
possible about the occurrence of such an event.
c) Political Force Majeure Events
Political Force Majeure Event shall mean one or more of the following
acts or events:
I. Change in Law;
ii. Unlawful or unauthorized or without jurisdiction revocation of,
or any political motivated reasons or refusal to renew or grant
without valid cause any consent or approval required by the consultant
to perform their respective obligations under the Agreements, provided
that such delay, modification, denial, refusal or revocation did not
result from the Consultant's inability or failure to comply with any
condition relating to work.
Ill. GOI or GOM or any Governmental Agency has by an act of commission
or omission created circumstances that have a Material Adverse Effect
on the performance of its obligations by the consultant.
iv. Where the Force Majeure Event is a Political Force Majeure Event,
Authority shall bear cost of such event by paying remuneration due for
complete project or projects for which consultant had performed their
respective obligations.
d) Extension of Time on account of Force Majeure
Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action as
a result of Force Majeure. For Extended period consultant shall be
paid at prorate basis for the services rendered during the extended
time period.
Foreclosure of Contract
By Rajiv Gandhi Rural Housing Corporation Limited
The RGRHCL may terminate this Contract, by One Hundred Eighty (180)
days written notice to be issued by Managing Director, RGRHCL, of
termination to the Consultant, to be given after the occurrence of any
of the event specified in paragraphs (a) through (d) of this Clause.
a) If the Consultant does not remedy a failure in the performance of
their obligations under the Contract, within one eighty (180) days
after being finally notified or within such further period as the
RGRHCL may have subsequently approved in writing.
b) If the Consultant becomes insolvent or bankrupt as per laws of
insolvency.
c) If, as the result of Force Majeure, the Consultant is unable to
perform a material portion of the Services for a period of not less
than one eighty (180) days, or such further period as the RGRHCL may
have subsequently approved in writing.
d) If the consultant, in the judgment of the RGRHCL, has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract.
For the purpose of this clause:
"Corrupt practice" means the offering, giving, receiving or soliciting
of anything of value to influence the action of a public official in
the selection process or in contract execution.
"Fraudulent practice" means a misrepresentation of facts in order to
influence a selection process or the execution of a contract to the
detriment of the RGRHCL and includes collusive practice among
Consultant (prior to or after submission of proposals) designed to
establish prices at artificial noncompetitive levels and to deprive
the RGRHCL of the benefits of free and open competition.
Payment upon Termination
Upon termination of this Contract, the RGRHCL shall make the following
payments to the consultant.
a) Payment for Services performed prior to the effective date of
termination;
b) In the case of termination RGRHCL shall reimbursement of any cost
claimed incident to the prompt and orderly termination of the Contract
for work done up to the date of such termination. The Consultant shall
be entitled to receive payment in respect of amount due and payable
for all works performed up to the date of termination, if termination
is for reasons not attributable to the Consultant.
c) In the case of termination RGRHCL on account of Political Force
Majeure Event shall reimbursement of any cost claimed incident to the
prompt , and future discounted cash flows of future revenue and
orderly termination of the Contract for work done up to the date of
such termination. The Consultant shall be entitled to receive payment
in respect of amount due and payable for all works performed up to the
date of termination, if termination is for reasons not attributable to
the Consultant.
4. The Consultant shall be responsible for the correctness of the
information, data, reports, survey, documents, findings, etc.
submitted by him.
5. OBLIGATIONS OF THE CONSUL TANT
General
Entirety & Construction of Agreement
This agreement contains the entire agreement by and between the
parties hereto with respect to the Consultancy Works and all previous
communications relative hereto are superseded unless otherwise
incorporated herein.
Standard of Performance
The Consultant shall perform the Services and carry out his
obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Consultant shall
always act, in respect of any matter relating to this Contract or to
the Services, as faithful advisers to the RGRHCL. The consultants
shall provide Three Hard copies & one soft copy of all reports/ plans
etc. to the Authority in the provided cost however extra copies of the
same if demanded by the Authority has to be provided by the consultant
at going market rates at that time. Any dEMDnstrative or display model
or film documentary broachers, animation etc. related to the scheme
has to be prepared by the consultant & supplied to the Authority at
the mutually agreed rates based on going market trends at that time.
The Authority shall pay these charges over & above the agreed
compensation immediately on submission of invoice from the consultants
to the Authority.
Conflict of Interests
6. Confidentiality
The consultant shall not, either during term or within two (2) years
after the expiration of this Contract, disclose any proprietary
information relating to the Project, the services, this Contract, or
the RGRHCL's business or operations without the prior written consent
of the RGRHCL.
6.1 Documents prepared by the Consultant to be the Property of the
RGRHCL
The language of the report shall be in English.
All plans, drawings, specifications, designs, reports and other
documents and software submitted by the Consultant shall become and
remain the property of the RGRHCL and the Consultant shall, not later
than upon termination or expiration of this Contract, deliver all such
documents and software to the RGRHCL together with a detailed
inventory thereof. The Consultant may retain a copy of such documents
and software.
7. SETTLEMENT OF DISPUTES
Amicable settlement
The parties shall use their best efforts to settle amicably all
disputes arising out of or in connection with this contract or the
interpretation thereof.
Dispute settlement
Any dispute between the parties as to maters arising pursuant to this
contract which cannot be settled amicably within thirty (30) days
after receipt by one party of the other Party's request for such
amicable settlement may be submitted by either Party for settlement to
the Managing Director then an arbitrator as may be specified in the
SC.
Arbitrators
For arbitration under the provisions of the Arbitration and
conciliation Act 1966 and the decision of the Arbitrator shall be
final and binding on the Parties.
Penalty for Material Breach of Contract:
On the breach of any term or condition of this contract by the
Consultant, and as a consequence any amount becomes due to the RGRHCL
by the Consultant then the Managing Director shall be entitled to
forfeit the amount equivalent to five percent of the Security deposit
and to realize and retain the same as damages and compensation for the
said breach.
In the event of RGRHCL being in Material Breach of this Agreement
RGRHCL shall pay to the Consultant as compensation, all direct
additional costs actually suffered or incurred by the Concessionaire
arising out of such Material Breach by RGRHCL, in one lump sum amount
within 30 (thirty) days of receiving the demand.
Retention of security Deposit shall be made without prejudice• to the
right of the Managing Director to recover any sums as damages as per
the Contract from any sum due or which may become due to the
Consultant or the Authority.
Jurisdiction
The applicable jurisdiction for the Contract shall be the courts at
Thane.
8. Approvals
Any approvals to be obtained by either party from the other under this
Agreement shall not be unreasonably delayed, denied or withheld.
9. CoOperation Between Parties
The parties hereto shall fully cooperate with each other in order to
ensure timely and successful completion of the services by Consultant.
It is, however, understood and agreed to by and between the parties
hereto that the parties shall work in close co¬operation with each
other at all times in order to ensure timely completion of the
project. The Authority shall bring to the notice of the consultant any
previous & existing work / scheme in progress executed in the water
sector & shall execute all existing & future works in concurrence with
the consultant in order the smooth facilitation of the scheme proposed
by the consultant.
10. Extended and Additional Services
Consultant shall, on the Authority's written request, provide the
Authority extended services for extended time on price which includes
professional charges based on cost escalation due to time and
additional items also additional services on the Consultancy works may
be provided, which are not specifically covered under this Agreement.
The compensation and other terms and conditions for such additional
services shall be mutually discussed and shall be at par with the
quoted rates for similar work & on mutually agreed rates for different
work upon by and between the parties.
11. In case of any bureaucratic or political hurdle like Authority not
accepting the tenders of the execution of the work undertaken under
the purview of the said scheme than the consultants will be entitled
for payment of last installment within three months from the date of
work order irrespective of any other condition as mentioned in this
agreement.
CONTRACT FEES:
The total Contract Price payable shall be at percentage rate of % (In
Words only) (plus Goods & Service Tax
or any other tax replacing Goods & Service Tax as applicable of date
of payment) of the approved Project Cost as sanctioned by the
Authority from time to time. The Breakup of each component of scope of
work is mentioned in Annexure 1 of this agreement.
Payment shall be made within 15 days of receipt of the invoice and
within 60 days in the case of the final payment. Statutory Fees/
Revenue payable to various government bodies for getting approvals
shall be paid directly to concerned department by the Authority.
In witness whereof the parties hereto have caused this Agreement to be
signed in their respective hands as of the day and year first before
written.
Signed Sealed & Delivered by
FOR AND ON BEHALF OF THE RGRHCL By
For Rajiv Gandhi Rural Housing Corporation Limited
FOR AND ON BEHALF OF THE CONSULTANT
By
Witness:
1. . ……………………………………………………
2 . . ……………………………………………………
Signatures of Standing Committee Member:
1. . ……………………………………………………
2 . . ……………………………………………………
S.NO.
PARTICULAR
1
Annexure 1 : Deleted.
2
Annexure 2 : Scope of Work
3
Annexure 3 : Payment Schedule
ANNEXURE 2
SCOPE OF WORK
[This Appendix shall include the final Terms of Reference (TORs)
worked out by the Client and the Consultant during the negotiations;
dates for completion of various tasks; location of performance for
different tasks and detailed reporting requirements; Client's input,
including counterpart personnel assigned by the Client to work on the
Consultant's team; specific tasks or actions that require prior
approval by the Client.
Insert the text based on the Section 2 (Scope of Work & Terms of
Reference) of the RFP and modified based on the Forms 1 through
Form4 of the Consultant's Proposal. Highlight the changes to Section
7 of the RFP]
ANNEXURE 3
SCHEDULE OF PAYMENT
[This Appendix shall include the final Schedule of Payment worked out
by the Client and the Consultant during the negotiations including
dates for completion of various tasks and list of deliverables against
which the payments to the Consultant will be made.
Insert the text based on the Clause 2 of Section 3 (Payment Schedule)
of the RFP and modified based on the Forms 1 through Form4 of the
Consultant's Proposal. Highlight the changes to Clause 2 of Section 3
of the RFPJ
87
Signature of Tenderer General Manager (T), RGRHCL

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U NITED NATIONS DEVELOPMENT PROGRAMME ANNEX II SERVICE EVALUATION
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