PMC Phase IV and VI Tender
PMC Phase IV and VI Tender
PMC Phase IV and VI Tender
Sl.
No: Description Page
-----sd----
Executive Engineer
Gujarat Housing Board,
AHMEDABAD.
TECHNICAL BID
(BID – I)
Sr. No. Description Page No.
5 Proposal Evaluation 38 – 41
7 Forms 1 to 14 44-59
For developing the affordable housing project at various places in Gujarat State as shown in
1.2 below, following consultancy services are needed.
1.2 LOCATION:
Phase -IV
Time Limit
Indicative Carpet
Sr. No. Location In months for
area (in Sqm.)
construction
Division No. 01 (Ahmedabad Division)
01 Chandkheda 645205.00 The time limit of PMC shall
be considered as below:
Time limit of Pre-Contract
work + Time limit of
Contractor selection + Time
limit for execution of work as
02 Zundal 378710.00 per contractor’s work order
Note:- The work order to PMC of
individual site shall be released as
and when finalized by competent
authority.
Total 1023915.00
Phase-VI
Time Limit
Indicative Carpet
Sr. No. Location In months for
area (in Sqm.)
construction
Division No. 01 (Ahmedabad Division)
01 Gota 10752.00 The time limit of PMC shall
02 Hathijan 127400.00 be considered as below:
Time limit of Pre-Contract
03 Old Office Building 22363.00 work + Time limit of
04 Gujarat Municipal Finance 3048.00 Contractor selection + Time
Board (GMFB) limit for execution of work as
Note: Above carpet area & Numbers of sites are indicative. This will change as per demand
survey and actual work order to contractor. PMC will get work order and payment
accordingly.
2.1.1 Letter of submission and information for selection shall be submitted as per
formats attached.
2.1.2 All information called for shall be furnished against the respective columns in
the enclosed form. If information is furnished in a separate document, reference
to the same should be given against the respective column(s). If information is
‘NIL’ it should also be mentioned as ‘NIL’ or ‘No such case’. If any particular
query is not applicable to the applicant Consultant it should be stated as ‘Not
applicable’. However, the applicant Consultants are cautioned that not giving
complete information called for in the application in the form required or not
giving it in clear terms or making any change in the prescribed forms may result
in summary disqualification of the applicant Consultant. Application made by
telegram, fax, e-mail or telex and those received late may not be considered.
2.1.3 All information shall be furnished in English.
2.1.4 The BID shall be filled up legibly. The BIDDER Consultant’s name shall appear
on each page of the application with authorized signature.
2.1.5 Reference information and Certificates from the respective clients certifying
suitability, technical know-how or capability of the BIDDER Consultant shall be
signed by the authorized signatory of client.
2.1.6 The eligible BIDDER Consultant is advised to furnish any additional
information, which they think is necessary in regard to its capabilities. No
further information will be entered after submission of documents unless it is
called for by the Client.
2.1.7 Bidder/s shall bear all costs associated with the preparation and submission of
their Proposals. Costs might include site visit, collection of information, and if
selected, attendance at contract negotiations.
2.1.8 The Employer is not bound to accept any Proposal and reserves the right to
annul the selection process at any time prior to contract award, without thereby
incurring any liability to the bidder/s.
2.1.9 In preparing their Proposals, Bidder/s is/are expected to examine in detail the
documents comprising the RFP. Material deficiencies in providing the
information requested may result in rejection of a Proposal.
2.1.10 The assignment mentioned herein is intended to be job and time oriented. The
consultant shall not be entitled to claim any compensation in Engineering
REVIEW & APPROVE. For Construction Supervision Services consultant shall
not be entitled to claim any compensation up to 30 months from the actual date
Signature of Bidder/s Executive Engineer, GHB. Page 14
of start of work for individual site. After those 30 months actual enumeration
will only be paid to the consultant on the bases of staff on site at that time and
cost of man month quoted in the tender document till only the physical
completion of the works. No other any compensation till completion in the event
of the time estimated for the completion of the work being extended for any
reason what so ever.
2.1.11 The Data Sheet indicates how long the Bidder/s’ Proposals must remain valid
after the submission date. During this period, the Bidder/s shall maintain the
availability of experts nominated in the Proposal. The Employer will make its
best effort to complete negotiations within this period. In case of need, the
Employer may request Bidder/s to extend the validity period of their Proposals.
Bidder/s has the right to refuse to extend the validity period of their Proposals
with valid reasons for which employer’s decision shall be final & binding to
contractor.
2.1.12 The Employer named in the “Data Sheet” will select a Consultant from those
Consultants who submitted proposals, in accordance with the method of
selection indicated in the Data Sheet.
2.1.13 The Employer requires that Consultants provide professional, objective and
impartial advice and at all times hold the Employer’s interest paramount,
without any consideration for future work, and strictly avoid conflicts with other
assignments or their own corporate interests.
2.1.14 A Consultant (including its Personnel and Sub-Consultants if applicable) or any
of its affiliates shall not be hired for any assignment that, by its nature, may be in
conflict with another assignment of the Consultant to be executed for the same
or for another Employer.
2.1.15 The EMD is liable to be forfeited if successful Bidder fails to execute the
agreement within 15 Days from the date of Letter of Acceptance.
2.1.16 PMC cannot include current / retired employees of Central & State Government
as their resource personnel/experts.
2.1.17 A Consultant (including its Personnel and Sub-Consultants if applicable) that
has a business or family relationship with a member of the Employer’s staff who
is directly or indirectly involved in any part of (i) the preparation of the Terms of
Reference of the assignment, (ii) the selection process for such assignment, or
(iii) supervision of the Contract, may not be awarded a Contract, unless the
conflict stemming from this relationship has been resolved in a manner
acceptable to the Employer throughout the selection process and the execution of
the Contract.
2.1.18 The Data Sheet indicates how long Consultants’ Proposals must remain valid
after the submission date. During this period, Consultants shall maintain the
availability of Professional staff nominated in the Proposal. The Employer will
Signature of Bidder/s Executive Engineer, GHB. Page 15
make its best effort to complete negotiations within this period. Should the need
arise, however, the Employer may request Consultants to extend the validity
period of their proposals. Consultants who agree to such extension shall confirm
that they maintain the availability of the Professional staff nominated in the
Proposal, or in their confirmation of extension of validity of the Proposal,
Consultants could submit new staff in replacement, who would be considered in
the final evaluation for contract award. Consultants who do not agree have the
right to refuse to extend the validity of their Proposals, with valid reasons for
which employer’s decision shall be final & binding to the contractor.
2.2 DEFINITIONS
2.3.2. A prospective bidder requiring any clarification of the bidding documents may
notify the Employer in writing or by fax (hereinafter, the term "fax" is deemed to
include electronic transmission such as facsimile, cable and telex) at the
Employer's address indicated in the Invitation for Bid.
2.3.3. The Employer will respond to any request for clarification about RFP. The purpose
of the meeting shall be to clarify issues and to answer questions on any matter that
may have been raised by the prospective bidders in writing and received by the
Employer’s office.
2.3.4. Non-attendance at the Pre-bid meeting will not be a cause for disqualification of
the bidder.
2.4.1. A Bidder’s Proposal (the Proposal) will consist of two (2) components
(i) The Technical Proposal, and
2.4.2. All related correspondence exchanged by the Bidder/s would also form part of the
Proposal.
2.4.4. The Technical Proposal should clearly demonstrate the Consultant’s understanding of the
assignment requirements and capability and approach for carrying out the tasks set forth
in the TOR through the nominated experts.
(ii) Bids of only those bidders who have submitted all information, statistical
details as required in the bid document through E Tendering will be
considered.
(iv) If the bidder desires any verification/ clarification on ambiguity found in the
bid document same shall be furnished within stipulated time limit.
(vi) Pre-Bid will be held in the Conference room of the Gujarat Housing Board,
Pragatinagar, Naranpura, Ahmedabad. Bidders may request a clarification
on any of the proposal document, but the same should be submitted in
writing to the client's address and should be submitted latest by three clear
days prior to the date of pre-proposal conference.
(vii) Requests received within stipulated time will be answered at the time of
Pre-proposal Conference/with Minutes of the pre-bid meeting. Copies of the
client's response will be uploaded online, including description of the
queries but without identifying the source. Please note that late submission
of request for clarification by any bidder shall not be responded to.
(1) The selection process will be done in a transparent manner and carry out evaluation
of proposal on the basis of mandatory requirement for general and specific criteria
and scoring criteria specified in the section.
(i) Based on the information supplied in the RFP, Consultants would be qualified
& short-listed by the committee with reference to the eligibility criteria and
only the short listed (Technically Qualified) Consultants would be invited to be
present at the time of opening of financial proposal.
(ii) The final selection of Consultant would be based on the Quality and Cost Based
Selection (QCBS) procedure described in the RFP.
NEGOTIATION:-
2.6.1 Negotiations/ Discussion, if any will be held in the office of the Housing
Commissioner, Gujarat Housing Board, Ahmedabad or Tender committee or by any
higher authority situated at Gandhinagar. Representatives conducting negotiations
on behalf of the Consultant must have written authority to negotiate technical,
financial, and other terms and conclude a legally binding agreement.
2.6.2 The technical negotiations cover the Consultant’s Technical Proposal, including the
proposed technical approach and methodology, work plan, staffing schedule,
organizational arrangements, and any suggestions made by the Consultant or the
employer to improve the implementation of the assignment. Negotiations will not
result in substantial modifications to either the Consultant’s Technical Proposal or
the TOR.
2.6.3 The financial negotiations will generally fine-tune duration of expert’s inputs and
quantities of out-of-pocket expenditure items may be increased or decreased from
the relevant amounts shown or agreed otherwise, in the Financial Proposal. Unless
exceptional circumstances exist, the details of experts’ remuneration and specified
unit rates for out-of pocket expenditures will not be subject to negotiations.
2.6.4 The consultant shall confirm the modifications made in his proposals in writing
within three days of conclusion of negotiations without changing the content of
technical proposal and requirements.
2.6.5 If contract negotiations are unable to be concluded for any reason, the employer
will, at its discretion, commence negotiations with the second lowest bidder.
Tender fee Rs. 20,000.00 (Rupees twenty thousand only) (Not refundable) by
DD/Bankers cheque in favour of the “Executive Engineer, Gujarat Housing board,
AHMEDABAD.” payable at AHMEDABAD. DD/Bankers cheque issued after the
last date of submission of bid shall not be considered or accepted.
2.6.8 The tenderers are requested to furnish EMD amounting Rs. 56,50,000.00 i.e. Rs.
5,00,000.00 ( Rupees five lacs only), through Demand Draft in favour of The
Executive Engineer, Gujarat Housing Board, Ahmedabad payable at Ahmedabad
and balance Rs. 51,50,000.00 in form of by B.G. in favour of the “Executive
Engineer, Gujarat Housing board, AHMEDABAD.” Payable at AHMEDABAD
from any bank listed. B.G. shall be valid up to at least 180 days. And both will
be submitted in electronic format online (by scanning) while uploading the Bid.
2.6.9 Offers of only those bidders shall be opened whose Tender fee & EMD are
received electronically & physical, However for the purpose of realization of
both D.D. bidder shall send the same in physical form (in original) so as to reach
on the date shown in notice during the office hours at 6th Floor, Superintending
Engineer-II, Gujarat Housing Board, Ahmedabad by post or hand delivery.
2.6.10 The G.H.B. reserves the right to reject any or all the tenders without assigning
any reasons therefore.
PRE-BID MEETNG
2.6.11 Pre-Proposal meeting will be held on date: - 19/03/2019 at 16:00 hrs in the
Conference Room, Gujarat Housing Board, Pragatinagar, Naranpura,
Ahmedabad 380 013. Consultants may request a clarification on any of proposal
document but the same should be submitted in writing by R.P.A.D. Post on the
client’s address and should be submitted latest before three days of Pre-Bid
meeting. Consultant may also request clarification through hand copy
submission on day of pre-bid meeting before 18:00 hrs. Request received within
stipulated time will be answered at the time of pre-bid meeting/with Minutes of
Pre-Bid Meeting.
2.6.13 Copies of client’s response will be uploaded online, including description of the
queries but without identifying the source. The clarifications and amendments if
any will be uploaded on the website www.nprocure.com. Please note that late
submission of request for clarification by any consultant shall not responded to.
iv. Consultants are not allowed to form Joint venture or Consortium with other
Consultants. Subletting or subcontracting of any part of work except survey and
soil investigations is not permitted. (A copy of the self declaration on authorized
letter pad must be furnished with Technical Proposal)
v. Experience of key personnel working presently in consultancy organizations shall
only be considered.
The relevant experience of Consultant shall be evaluated based on the marking system
as under. The consultant shall have to satisfy the following criteria and as per the
performance, marking shall be given and accordingly evaluation shall be made.
Group Max.
Parameter Criteria
No Score
1 Relevant 50 1. Experience in High rise Residential/Township projects
Experience of the
Consultant’s Firm A > 200.00 Crore projects. 50
in last ten years in (10 marks per Project) 5 Projects
India. The Each project:
Experience should - Architectural Master Planning and Concept
include Design- 04 marks
Architectural - Review Engineering and PMC- 06 marks
Master Planning
and Concept B > 150.00 Crore projects. 50
Design, Review (7.14 marks per Project) 7 Projects
Engineering and Each project:
PMC. - Architectural Master Planning and Concept
Design- 03 marks
- Review Engineering and PMC- 4.14 marks
C > 50.00 Crore projects. 50
(5 marks per Project) 10 projects
Each project:
- Architectural Master Planning and Concept
Design- 02 marks
- Review Engineering and PMC- 03 marks
Note:- The consultant shall have to secure minimum 60% marks in group 01 to 04
mentioned above and total of groups shall be minimum 80%.
Phase-IV
Indicative field staff required per Division
Sr. Resident Fire-
Location
No. constructio Site MEP Safety Quality fighting
Engineer Engineer Engineer Engineer experts
n manger
Division No. 01 (Ahmedabad Division)
01 Chandkheda 02
(01 for each
field i.e.
02 Zundal 01 30 Electrical- 01 01 01
01, Civil-01
for
plumbing)
Total 01 30 02 01 01 01
Note: Minimum one site Engineer per site should be provided. More site Engineer
should be provided by PMC as per requirement in consultation with GHB.
Technical Proposal:
The list of the proposed staff team by specialty, the tasks that would
be assigned to each staff team member, and their timing (in annexed
Form).
Estimates of the total staff effort (professional and support staff; staff
time) to be provided to carry out the Assignment, supported by bar
chart diagrams showing the time proposed for each professional staff
team member.
Financial Proposal:
The period shall also include for the consultant's mobilization prior
to the contractor entering the site. The consultant shall mobilize
immediately after entering the contract agreement. The time period
for completion of various projects ranging from 15 to 30 months as
Signature of Bidder/s Executive Engineer, GHB. Page 33
shown below in the table
Time Limit
Sr.
Location In months for
No.
Consultant/PMC
PHASE - IV
01 Chandkheda, Ahmedabad
02 Zundal, Ahmedabad
PHASE - VI The time limit of PMC
shall be considered as
01 Gota, Ahmedabad below:
02 Hathijan, Ahmedabad Time limit of Pre-Contract
work + Time limit of
03 Old Office Building, Ahmedabad Contractor selection stage +
04 Gujarat Municipal Finance Building(GMFB), Time limit for execution of
work as per contractor’s
Ahmedabad
work order
05 Gorwa, Vadodara Note:- The work order to PMC of
individual site shall be released as
06 Tarsali, Vadodara
and when finalized by competent
07 Chaprabhatha, Surat authority.
08 Sachin, Surat
09 Kosad, Surat
10 Jetpur, Rajkot
The consultant shall be entitled to claim agreed milestone based payment as indicated in
this bid, for the Architectural Concept Design and Master Planning of Site works upon
completion of pre-contract works, but shall not be entitled to claim variation in case of
multiple revisions of the Architectural Concept Design during pre-contract works
The consultant shall not be entitled to claim any variation compensation in
Architectural Concept Design and Master Planning, Contractor Selection and
Engineering REVIEW & APPROVE.
For Construction Supervision Services consultant shall not be entitled to claim
any variation compensation up to 10 months from the stipulated date of the
completion of work for individual site. After those 10 months actual
enumeration will only be paid to the consultant on the bases of staff approved
by GHB (maximum 2 engineers on per site) on site at that time and cost of man
month at Rs.1.5 lac per month per engineer till only the physical completion of
the works. No other any compensation till completion in the event of the time
estimated for the completion of the work being extended for any reason what
so ever.
ii. Transportation
The rates hereto shall be all-inclusive per vehicle type per month and
cover rent/depreciation, running and maintenance, driver's wages,
charges and allowances, consumables & any other accountable and
variables.
5.4 The consultant who scores (Technical Stage ) 60 % marks in group no.
01 to 04 and 80 % min marks overall as stated here in above shall be
post qualified and included in the short list for opening and evaluation
of their financial proposals.
5.5 Public Opening and Evaluation of Financial Proposals:
T = 0.80, and
P = 0.20
For this QCBS (Quality & Cost Based Selection) evaluation, the
proposals will be ranked according to their combined technical (St) and
financial (Sf) scores using the weights (T = the weight given to the
Technical Proposal; P = the weight given to the Financial Proposal; T +
P = 1) as under.
S = St x T% + Sf x P%
The works of High rise building are spread over entire Gujarat state.
A number of works are to be taken up simultaneously in the state.
Therefore , the online tenders for consultancy work is invited at the
level of Executive Engineer of GHB The receipt of tenders, evaluation
of the bid, selection of consultant and award of work shall be processed
at head office of GHB The successful consultant shall execute the
agreement for consultancy work with the Executive Engineer, GHB,
Ahmedabad. However the actual work shall be performed with the
concerned Executive Engineer of the project. The Executive Engineer,
GHB, Ahmedabad shall issue the orders to the consultant stating the
name of the project, location along with the name of concerned
Executive Engineer in charge of the project. The consultant shall be
responsible to the concerned officers in charge of the work for the
implementation of consultancy work. The performance of the consultant
shall be monitored, REVIEW & APPROVED based on the report of
project in charge of officers.
Information to Consultant
Ladies/Gentlemen:
We, the undersigned, offer to provide the Consultancy services for the above in
accordance with your Request for Proposal dated ------,. We are hereby submitting our Proposal
which includes this Technical Proposal, and Financial Proposal submitted online.
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Address:
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
INFORMATION ON BLACKLISTING
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Note:- (1) Furnish notarized true copy of the TDS/PF statement proposed staff shall be attached as
a proof is essential with all required documents i.e. resume, degree certificates, experience
certificates… etc. for each of the proposed key staff as per the table above.
(2) Above information shall be given for project monitoring cell at Ahmedabad and for each site
separately.
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
FY: 2017-18 FY: 2016-17 FY: 2015-16 FY: 2014-15 FY: 2013-14
Annual turnover
from professional
fees of the
consultant ‘s firm
(Rs. Crores)
Note: Attach Copy of the audited Balance Sheet certified by Chartered Accountant or Audit Firm.
Authorized Signature:
Name and Title of Signatory
Name of Consultant:
Sr. Name of Project Project Client Project cost No. of Total Commissioning / Type of
Carpet
No Location in Rs. Cr. storey area Commencement Consultancy
With address of Operation Services
Date FY
1
2
3
4
5
..
..
..
Total
Notes:
1. Only the works in which the consultant had offered their services for the consultancy work for project management services including
architectural concept design services, concept master planning and construction supervision and inspection services, are to be listed.
2. A notarized true copy of Client certificate shall be enclosed for each work, without client’s certificate, the performance shall not be considered for evaluation.
3. Projects successfully implemented and commissioned between FY 2013-14 to FY 2017-18 are to be mentioned, chronologically.
4. Details of each project to be provided in form 8 attached.
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Sr. Name of Project Project Client Project cost No. of Total Commissioning / Type of
No Location in Rs. Cr. storey Carpet area Commencement Consultancy
With address of Operation Services
Date FY
1
2
3
4
5
..
..
..
Total
Notes:
1. Only the works in which the consultant had offered their services for the consultancy work for project management services including architectural concept design
services, concept master planning construction supervision and inspection services, are to be listed.
2. Furnish notarized true copy of Client certification. Client certificate shall be enclosed for each work, without client’s certificate, the performance shall not be considered for evaluation.
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Date FY
1
..
Notes:-
1. The project in which size of (minimum G+7 and above) shall be mentioned.
2. Projects successfully implemented and commissioned between FY 2013-14 to FY 2017-18 are to be
mentioned, chronologically.
3. Furnish copy of notarized true copy of Client certification
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Consultant’s Technical approach, methodology and work plan for this assignment are to
be elaborated in this sections, broadly under following sections:
• The write up should explain Consultant insight with respect to the objectives of the
assignment, approach to the services, methodology for carrying out the activities and
obtaining the expected output, and the degree of detail of such output. The Consultant
should also explain the methodologies propose to adopt and highlight the
compatibility of those methodologies for the project envisaged.
• Consultants should propose the main activities of the assignment, their content and
duration, phasing and interrelations, milestones (including interim approvals by the
Client), and deliverables. The proposed work plan should be consistent with the
technical approach and methodology, showing understanding of the TOR and ability
to translate them into a feasible working plan. The work plan should be consistent
with the suggested Work program of the consultant
• Consultants should also propose the structure and composition of the proposed team,
indicating main disciplines of the assignment, the key expert responsible, and
proposed technical and support staff.
Note:- (i) Information for project management cell at Ahmedabad and for each project site shall be given in separate sheet.
2 Name :
3 Date of Birth :
4 Nationality :
5 Education :
(The years in which
various qualifications
were obtained must be
stated)
6 Other Training :
8 Membership of :
Professional Societies
9 Countries/State of work :
Experience
Dates : From to
Employer :
I/We understand that any willful mis-statement described herein may lead to disqualification.
Authorized Signature: :
Name of Consultant: :
4.
5.
4.
5.
Consulting Firm's Name:
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
The Consultant:
The services of the PMC may be provided by a consulting firm (Consultant) with
adequate experience in the relevant field.
The consultant will provide the staffing as indicated in TOR, though in preparing their
proposals the PMCs may propose alternative arrangements that, in their opinion, will
provide service of an equivalent quality.
The final staffing would be adjusted to suit the actual work and implementation
schedule.
The Consultant will be engaged by the Gujarat Housing Board by inviting Technical
& Financial Offers.
Gujarat Housing Board shall engage the PMC by, Inviting Expressions of Interest. Technical
Evaluation by a Committee Selection by Quality and Cost Based Selection (QCBS)
procedure.
Implementation Arrangements:
The PMC would be attached to Gujarat Housing Board for co-ordination, reporting,
supervision of each activity to achieve quality at site and payment certification purposes.
Status of all the activities entrusted to the Consultant would be reviewed through Fortnightly
meetings at Gujarat Housing Board’s Office at Ahmedabad and weekly Regional review
Meetings at site. Corrective actions as identified during such meetings would be required to
be taken by the Consultant.
Scope of Work
The above services shall be provided by the PMC for all activities within Contractor’s Scope
of works for stipulated project. Majorly as;
ii. Supervision of civil & electrical Works & other infrastructure works
Architectural Concept Design and Master Planning of EWS1, EWS2, LIG1, LIG2,
MIG1, MIG2, HIG and commercial as per GHB’s requirement.
Attending meetings and preparing minutes of meetings.
Detailed estimate
Preparations of tender for works
Selection of Contractors
Finalization of contract
Review & Approval of drawings/ documents submitted by the contractor shall be done in
a time bound manner.
PMC has to prepare DCI, sequence of submission of DBR, drawings etc. & no. of DCI to
complete the project as a whole aspect including services, external services, infrastructure
development etc. complete. Inform contractor to submit DBR, drawings etc. as per PMC DCI.
The approval of engineering documents such as Design Basis reports (including proof
checking of structural design), Drawings etc. shall be carried out as per Index of
drawings finalized. Engineering documents shall be REVIEWED & APPROVED by
PMC engineering specialists such as Architectural, General Civil, Structural, Electrical
etc. in line with technical requirements spelt out in the tender/ statutory requirements,
finalized design basis reports and best engineering practices being followed in the
industry.
In case the work is held up for more than 7 days, the representative of the
PMC/Engineer will report and work for Liassoning and coordination from the office
of Gujarat Housing Board, for which no additional fee will be payable to the PMC.
Construction Supervision
Physically verify all dimensions of site and ensure that they are as per APPROVED
drawings. Discrepancies shall be notified to the Employer/Engineer in
charge/Architect / Consultant immediately. Shall be responsible to maintain the
dimension at site as per the APPROVED drawings.
Study all APPROVED drawings, Contract Agreements, Specifications etc. & ensure
implementation at site.
Checking all the measurements recorded in the bill prepared by contractor at site with
respect to APPROVED drawings and to certify the accuracy. If in case, it is necessary
to take measurements at site and record and finalize, certify the bills, the PMC shall
also do so to make timely payment for the works done.
The PMC check the bills submitted by the contractor and certify the accuracy within
maximum 5 days in Turnkey bid from the date of receipt of bill from Contractor by
Signature of Bidder/s Executive Engineer, GHB Page 63
the Engineer-in-charge/Employer.
Contractor will take measurements of hidden items. PMC has to check all the hidden
measurement submitted by the contractor before covering up the work. PMC has to
certify detailed measurements dully signed and submitted by the contractor, then it
should be submitted to Engineer-in-charge for record purpose. On completion of
work, the PMC shall have the responsibility to finalize and certify the bills for work
as per actual execution.
The PMC should settle the final bill immediately as per bid after completion of
Project after complete rectification of notified defects by Contractor.
Responsible to verify day to day consumption of cement in the work and shall see that
the cement used in work is as per the theoretical requirement.
Ensure that Contractors have taken requisite “All Risk Insurance Policies” to cover
workman under Workman Compensation Act, loss / damage caused by natural
calamities / accident / accidental collapse of partially completed work, materials and
plant at site and for third party claims for injury / damages. PMC shall ensure that all
such policies remain in force throughout the execution of project as applicable and as
stipulated in Bid.
Ensure safety of structure by taking all necessary precautions and by not allowing
excessive construction loads on floors and shall avoid such other factors, which will
endanger the safety of structure during construction.
Take custody of objects of value and antiquity found on site during excavation or
otherwise and handover to Employer official.
Keep a track of permissions required from local authorities and get revalidated
whenever necessary.
The PMC make their own arrangements with the help of contractor at no extra cost to
the Employer for instruments / equipments such as total station/theodolites, leveling
instruments, prismatic compass, chain, measuring tapes, plain tables and ranging rods,
such other equipments.
Suggest modification, if any, due to site conditions and advise reasoned justification
of cost variations on account of resultant extra items and excess supported by proper
analysis.
Monitor the variations and deviations from the original designs, concept and work
order and keep the Employer informed including obtaining prior approvals from the
Employer whenever required.
Quality Control
Monitor the quality of the work, all material testing (including sampling and witness
of all the testing)– its reports & frequency and control the quality as per specification,
relevant codes and as per sound engineering practices.
Maintain the registers for mandatory tests to be conducted for all materials before
incorporation in work. The guidelines may be taken from the Engineer in charge
regarding the registers to be maintained.
Inspect and approve the materials at site as per specifications before they are used in
work.
Responsible for obtaining good workmanship with respect to lines, levels and plumb
at all stages of work with reference to working drawings and ensure correct
dimensions of all elements.
Ensure that work proceeds as per tender conditions and specifications. All material
brought to site to be of approve quality and make, rejected material is removed from
site and work executed is of high standard, good workmanship and desired quality.
Evolve and implement a system for the quality assurance of the works. The system of
control of quality of material and completed works shall also include sampling
method and acceptance criteria. The sampling method and the acceptance criteria
shall be based on statistical methods and the recommendations of the relevant IS
codes and State R&B specifications.
Maintain checklists of all items and keep record of checklists before start of each
activity and after completion of each activity.
Site Co-ordination
Attend periodic site meetings / meetings in Employer office and discuss site
conditions bottlenecks faced likely hindrances, time overruns, cost overruns and any
other important matter along with solutions proposed. PMC will be required to submit
periodic reports concerning quality standard and progress of the project.
To co-ordinate between the Employer and Contractors in all matters relating to
obtaining APPROVED construction drawings from Architect / Consultant of PMC
Signature of Bidder/s Executive Engineer, GHB Page 65
etc.
To submit preliminary completion report, defect liability completion report, final job
completion report to the Employer.
The PMC in accordance with and as required by the terms of Agreement or
agreements entered or to be entered into between Employer on one part, and the
contractor or contractors on the other part certify after the verification that the work
measured and stipulation in the specifications, drawings and Bill of Quantities
prescribed in the contract agreement entered into with the Contractor (s) are in order.
In the matter of approving such bills, the PMC shall confirm adherence to the rules
and instructions issued by Employer and intimate to the Employer, guarantee and
correctness of all such certificates and shall hold themselves responsible for the
correctness of all bills and certificates issued, scrutinized or checked by them, as to
the quality of the work concerned as well as the quantities of various items of works.
Before certifying any bill PMC ensure that the work being certified is, in general in
accordance with the designs.
Check periodically the quantities recorded for various items and keep watch on excess
/ shortage. PMC shall account for all variations in tender quantities with respect to
execution drawings and submit a report. Shall assess impact of excessive quantities on
the cost of project and wherever felt necessary by Employer, prepare a Running
Summary of Cost for perusal of Employer/Engineer-in-Charge. PMC shall obtain
approval from Employer/Engineer-In-charge if the additional quantities outside the
scope put to tender are likely to arise prior to giving permission to Contractor to go
ahead with the work.
The PMC will, on submission of Contractor’s bill, verify the measurements at site and
recommend for the bill certification. Verification and Recommendation of bill by
PMC shall be forwarded to the Gujarat Housing Board. Entire Bill Certification works
shall be carried out within stipulated time limit in Turnkey bid in accordance with
quality of work executed and in compliance with stipulated specifications.
Co-ordinate with all agencies working at site, liaison with local authorities for proper
permissions / commencement certificate / completion certificate, etc.
Submit detailed physical and financial progress reports once every month or as
desired by Employer in standard Performa APPROVED by Employer/ Engineer-in
charge.
Detailed fortnightly reports will include physical progress, no. of test carried out
along with their results as well as summary of observations made during the fortnight.
It will list the audit points in respect to various activities & rectification required. It
shall also highlight the weaknesses observed, recommended remedial measures and
degree of compliance of the audit points raised in earlier visits. The consultant shall
prepare a separate report on the progress of work.
Advise Employer with regard to extra claims / disputes / Chief Technical Examiner’s
observations / Arbitration cases between Institute and the Contractors, in any and
assist Employer in case of any dispute till the cases are resolved either by mutual
negotiation or through arbitration or court, as the case may be.
The Consulting firm will be expected to provide the following personnel for the indicated
duration. The durations given are indicative and subject to variation by agreement between
the Consultant and the Gujarat Housing Board. The PMCs team composition and inputs are
shown below.
Staffing Schedule Actual requirement of the staff to be employed by the PMC would depend
upon the extent of the work. For example –
Sr.
Designation Schedule
No.
After award of the contract the Employer expects all the proposed key personnel to be
available during implementation of the contract as per the agreed staffing schedule.
The Employer will not consider substitutions during contract implementation except
under exceptional circumstances (such as death and/or extreme nature of ailment for
which Medical Certificate shall be produced from Hospital/Nursing Home). Design
engineers & architect must have to station at Ahmedabad or HQ
If the GHB finds that any of the Personnel have (i) committed serious misconduct or
have been charged with having committed a criminal action, or (ii) have reasonable
cause to be dissatisfied with the performance of any of the Personnel, then the
Consultant shall, at the GHB’s written request specifying the grounds thereof, provide
as a replacement a person with qualifications and experience acceptable to the GHB.
The Consultant will have to make his own arrangements for office, utilities,
accommodation and transport and should include cost of all these elements in his
Financial Offer. It is necessary to set up site office in the vicinity of each project site.
Reports:
The consultant will prepare and submit the following reports (as given below) to the
Employer on the format prepared by the Consultants and as APPROVED by the
Employer /Engineer in charge.
The Commencement Report shall contain the details of all meetings held with the
Employer/Engineer –in-charge and the Contractor and decisions taken therein, the
resources mobilized by the Consultants as well as the contractor and the Consultants’
perception in the management and supervision of the maintenance works. The Report
shall also include the Work Programme and Resource Mobilization for the Project.
The monthly Progress Report shall contain details of all meetings, decisions taken
therein, mobilization of resources (Consultants’ and the Contractor), detailed
compliance report of each activity, progress and the projected progress for the
forthcoming periods. The Report shall clearly bring out the delays, if any reasons for
such delay(s) and the recommendations for corrective measures.
The Consultant will prepare a comprehensive final completion report with progressive
photograph after completion of the work. The report shall incorporate summary of the
method of maintenance supervision performed, problems encountered and solutions
undertaken thereon and recommendations for future projects of similar nature to be
undertaken by the Employer.
Additional Services:
The PMCs shall, if so required by the Gujarat Housing Board, provide any additional
services at man month rates mutually agreed upon as a variation order.
Performance Bond:
The Consultant shall be required to submit acceptable Bank Guarantee for an amount
equal to 5% of the accepted consultancy cost towards Performance Bond
proportionately in the currencies of payment asked for in the bid proposal within 15
days of signing the Agreement (please also refer next para applicable for this section)
The validity of the Bank Guarantee(s) shall cover the entire duration of the
Consultancy period plus 3 months or DLP of contractor whichever is greater. The
format of the Bank Guarantee(s) shall be got APPROVED by the consultant from the
Employer/Engineer In-Charge. The Bank Guarantee(s) shall be released after
satisfactory completion of the assignment.
At the time of signing the Agreement, the Bank Guarantee shall be submitted by
selected PMC according to the work order released for execution of work as
mentioned above. Upon subsequent release of work order, the selected PMC shall
provide additional Bank Guarantee in proportion to the total consultancy fee of the
subsequent work order. This subsequent Bank Guarantee will be released upon
satisfactory completion of assignment of this subsequent site.
Bank Guarantee, in the name of the Employer shall be from the banks as specified in
the notice.
Penalties:
The Gujarat Housing Board may conduct independent quality monitoring and
checking of works executed by the PMC Consultant. If such checks disclose that
works carried out by the Consultant do not meet the specified requirement, the
Employer will not pay the Consultancy fees for the affected portion.
If the service of a team member provided by the Consultant is not acceptable to the
Gujarat Housing Board, the Consultant shall immediately replace the team member on
request of Gujarat Housing Board. If the Consultant fails to quickly deploy/replace a
team member as instructed by the Employer, the Employer may make temporary
arrangement. The temporary deployment/replacement shall be paid by the Gujarat
This will however be a temporary arrangement and if the Consultant fails to deploy
the requisite personnel or replace any member as instructed, the Consultant shall be
liable for action for termination of Contract and or black listing.
For each of service in the scope of work, the Consultant shall be paid at the following
stages consistent with work. Payments made to the Consultant are ‘On account’ and
shall be adjusted against the final amount payable. The schedule of payment shall be
as per details given below. All payments shall be made by the Employer to the PMC
in Indian Rupees
Breakup in
Description of
Sr. No. % of Remarks
services
offered rate
Total 100%
TERMS OF PAYMENT:
Deduction of Income tax at the time of payment shall be made from Consultant’s bill as
per the applicable law.
AGREEMENT
NOW THIS PRESENTS WITNESS, it is hereby agreed by and between the parties here to
as follows:
2. Any work/s related to completion of the project as assigned by Gujarat Housing Board or
by its Authorized representation as and when required.
The works mentioned in terms of reference are part of scope of work. All reports to be
furnished accordingly. The PMC shall carry out the services with the provisions of the
contract.
The Employer will make payments to the PMC in accordance with the provisions of
the Contract. The fee is also inclusive of to & fro transportation to visit site, boarding and
lodging and recruitment of technical Staffs / Engineers and other incidental expenses.
Payment made by, Gujarat Housing Board for all the services mentioned above are part
of comprehensive services which are planned to take up and no other claim whatsoever
shall lie against Employer in respect of services herein agreed.
1 The PMC shall work and represent Gujarat Housing Board and get necessary
permission, interact all concerned authorities on behalf of Gujarat Housing Board.
2 PMC will declare the name of the team which will be on site with their address,
telephone no., qualification, experience, etc. The site in charge should be conversant
with English in writing and speaking.
3 PMC will prepare documentation in form of Video, Photographs, survey etc. before
4 PMC will be required to attend personally all meetings called either by Government
or Gujarat Housing Board.
5 The PMC shall be responsible for the direction and integration-of the Architect /
Consultant & Contractors work. The PMC, shall be fully responsible for the
implementation of the detailed design, day to day inspection and evaluation of the
work entrusted work. The PMC shall not make any deviations, alterations or
omissions from the REVIEWED & APPROVED drawings, involving financial
implications without prior consent of the Gujarat Housing Board. The PMC shall
supervise and get the work implemented for structural soundness of the works by the
Contractor.
6 PMC shall, regularly, check the’ progress of the work and shall submit the progress
report to the Gujarat Housing Board, mentioning there in the progress of the work,
quality of the work, etc. PMC may also point out in the report as to whether the
Contractor has carried out the work, as per design and specification and materials of
APPROVED quality and quantity or not.
7 PMC shall not assign, sub-let or transfer their interest in this agreement
8 Drawing, plans and specification are the property and ownership of the Gujarat
Housing Board, irrespective of whether the work has been executed or not.
CLEARANCE OF BILLS:
The Gujarat Housing Board will endeavor to clear all the bills of PMC within Thirty (30)
days from the date of receipt of the bills/compliances necessary for clearances whichever
is applicable/later. PMC will comply with the queries / objections if any.
The Gujarat Housing Board reserves the right to make changes in the project including
revision in the total value of the project.
In case of the discontinuation of the project, the payment would be made to PMC
according to the services rendered only.
ENTIRE AGREEMENT:
This agreement together with the details of schedules, annexure/appendix, exhibits and
conditions executed by the parties hereto constitute the entire agreement between the
parties with respect to the subject matter.
No forbearance, indulgence or relaxations by any party at any time to require
performance of any provision of this agreement shall' in any way affect, diminish or
prejudice the right of such party to require performance of the provision and any waiver
by any party shall not be construed as a waiver or an amendment of the provisions itself,
or a waiver of any right under or arising out of this agreement.
NON EXCLUSIVE:
The business or services PMC shall not affect the services agreed to be offered to the
Gujarat Housing Board and PMC shall not offer the same services of the project to any
other party.
NON-SOLICITATION:
Neither party shall directly or indirectly, offer employment or take on employment to the
employees of the other party, who were involved in the works under this agreement,
either during the subsistence of this agreement or after the termination of the agreement
for a period of one year thereafter.
COMMUNICATIONS:
All notices, requests, demands and other communications under this agreement or in
connection therewith shall be given to or made upon the respective parties as follows:
To, PMC
SUSPENSION
Owner may at any time, should Owner deem it necessary to do so for any valid
reason, suspend all or part of the Services giving not less than fourteen days
written notice to PMC. Such notice of suspension shall specify the part of
Services to be suspended and the effective date of suspension. PMC shall
suspend Services on the date or dates specified by Owner in any notice under
this clause and shall use every reasonable effort to recommence Services with
the least possible delay upon receipt of Owner's notice to resume.
GHB will not make any payment for such suspended services to consultant.
PMC may, by giving not less than one month written notice to Owner, suspend
the Services, if Owner fails to fulfill its obligations under this Contract, and such
non-fulfillment persists even after giving the written notice of 45 days by PMC.
PMC will not claim any payment for suspended work.
If all or part of the Services is suspended then the amounts due and payable to
PMC for services rendered shall be settled as mutually agreed to compensate
PMC.
TERMINATION
Owner may, at any time, should Owner deem it necessary to do so, terminate
this Contract forthwith by giving one month written notice to PMC.
In the event of termination, PMC shall carry out any reasonable instructions of
Owner in connection with such termination.
In the event of termination, OWNER shall pay to PMC for all the SERVICES
performed by PMC under this CONTRACT upto the date of termination such
compensation as may be mutually agreed upon and proportionate to the
percentage progress of Services as indicated in the latest progress report
submitted.
GENERAL PROVISIONS
Definitions
Unless the context otherwise requires, the following terms wherever used in this Contract
have following meanings:
a) "Applicable Law" means the laws and any other instruments having the force of law in
India as they may be issued and in force from time to time.
d) "Contract" means the Contract signed by the Parties, together with all
documents/Appendices attached hereto and includes all modifications made in terms of the
provisions of Clause 2.2 hereof,
e) "Operator" means any person or entity who are employed by the Employer for
SELECTION OF CONSULTANT FOR ARCHITECT CONCEPT DESIGN, MASTER
PLANNING, CONTRACTOR SELECTION, PROJECT MANAGEMENT
CONSULTANCY (PMC) SERVICES INCLUDING CONSTRUCTION SUPERVISION
FOR HIGH-RISE & LOW-RISE HOUSING PROJECT – PHASE – IV & VI AT
VARIOUS PLACES FOR GUJARAT HOUSING BOARD.
f) "Effective Date" means the date on which the Contract comes into force and effect
pursuant to Clause 2.1 hereof ;
g) "Government" means the Government of India /Gujarat
i) "Personnel" means persons hired by the Consultants as employees and assigned to the
performance of the Services or any part thereof.
j) "Party" means the Employer or the Consultants, as the case may be, and "Parties" means
both of them.
k) "Services" means the work to be performed by the Consultants pursuant to this Contract
for the purpose of operations & maintenance work and stipulated scope of works.
m)“Architect / Consultant” shall mean the agency appointed by the Gujarat Housing Board
or its body to assist in preparing conceptual layout, tender site preparation, evaluation of the
agency, approval of all drawings and design. Inspection and assist in contractual matters
related to appointing the Contractor for said project and assist in any other contractual matters
arising during ongoing works as directed by the Employer.
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Laws of the Government of India and State Government.
Language
This Contract has been executed in English Language, which shall be the binding and
controlling language for all matters relating to the meaning of interpretation of this Contract.
Headings
The headings shall not limit, alter or affect the meaning of this Contract.
It shall be done as per requirement of site and mutual understanding between and PMC.
Notices
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, to such Party
at the addresses specified as under:
Location
The services shall be performed at such locations as are/to be specified in TOR hereto and as
the Employer may approve & inform.
Any action required or permitted to be taken and any document required or permitted to be
executed under the Contract by the Employer or the Consultants be taken or executed by the
officials as under :
The consultant and the personnel shall pay the taxes and other impositions levied under the
existing amendment or enacted laws during life of this contract and the Employer shall
perform such duties in regard to the deduction of such taxes as may be lawfully imposed.
Effectiveness of Contract
This Contract shall come into force and effect on the date (The "Effective Date") of the
Employer's notice to this effect to the Consultants.
If this Contract has not become effective within Two (2) months of the date hereof, either
Party may, by not less than two (2) weeks written notice to other Party, declare this Contract
to be null and void, and in the event of such a declaration by GHB, no payment of PMC but
in case of PMC, EMD/SD shall be forfeited or Housing commissioner decision is final.
Commencement of Services
The Consultants shall commence the Services not later than on a date (Starting Date) three
(3) days after the signing of the Agreement.
Expiration of Contract
Unless terminated earlier pursuant to Clause hereof, the Contract shall expire when pursuant
to the provisions hereof, the services have been completed and payments of remuneration and
reimbursable expenditure have been made.
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.
Modifications of the terms and conditions of this Contract, including any modification of the
scope of the services, may only be made by written agreement between the Parties. Pursuant
to 2.5 (iii) & forms & SC 6.2,7.2 hereof, however, each Party shall give due consideration to
any proposals for modifications made by the other Party.
Force Majeure
Force Majeure shall mean in respect of any Party an event beyond the reasonable control of
such Party which prevents or delays such Party from performing its obligations under this
Agreement (except for the obligation to pay money) or which materially increases its costs of
performing those obligations. Examples include, to the extent they otherwise meet the
foregoing definition, the following: war, hostilities, civil disturbances, any kind of local or
national emergency, riot, fire, flood, hurricane, storm, earthquake, concealed or subterranean
conditions at the Site that could not be discovered by a reasonable inspection of the Site,
power failure or power surge, epidemic, explosion, sabotage, act of God, acts or failures to
act by Governmental Authorities (including failure to issue, delays in issuing beyond the
period provided by law (or if no such period is provided, beyond the customary period), or
revocation of Governmental Authorizations, except to the extent any such failure, delay or
revocation is due to the negligence or willful misconduct of Consultant or its Affiliates),
failure of the Expert consultants or Key personnel to perform or deliver on a timely basis, to
the extent such failure is due to a force majeure condition affecting the Consultant, strike,
slowdown or other lab our unrest (other than a localized strike against an individual
employer), delay of carriers, failure of the usual modes of transportation, embargo, change in
any applicable Law from that in effect on the date hereof, any condition at the Site that
requires remediation under any applicable Law related to the environment, or expropriation
or confiscation of facilities. Force Majeure shall not include breach of contract by Expert
Consultants. The rights and obligations of the Affected Party shall be suspended to the extent
they are affected by the Force Majeure. EMPLOYER shall not be liable to make any
payments to the Agency for it being affected on account of Force Majeure. EMPLOYER
reserves the right to terminate the contract if the Force Majeure continues for more than 15
(Fifteen) days at a stretch.
Suspension
The Employer may, by written notice of suspension to the Consultants, suspend all payments
to the Consultants hereunder if the Consultants fail to perform any of their obligations under
this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to
remedy such failure within a period not exceeding fifteen (15) days after receipt by the
Consultants of such notice of suspension.
By the Employer
The Employer may, by not less than fifteen (15) days written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be written
notice of not less than thirty (30) days), such notice to be given after the occurrence of any of
the event specified in paragraphs (a) through (g) of this Clause, terminate this Contract.
b) If the Consultants or if any of their members become insolvent or bankrupt or enter into
any agreement with their creditors for relief or debt or take advantage of any law for the
benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;
c) If the Consultants fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause hereof;
d) If the Consultants submit to the Employer, a statement which has a material effect on the
rights, obligations or interests of the Employer and representation or statement,
made/submitted by the Consultants of any part thereof is found to be false;
e) If, as a result of Force Majeure, the Consultants are unable to perform a material portion of
the services for a period of not less than thirty (30) days;
f) If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate
this Contract;
g) If the Consultants, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
Corrupt practice means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution.
"Fraudulent practice" means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of the Employer, and includes
collusive practice among Consultants (prior to or after submission of proposals) designed to
establish prices at artificial noncompetitive levels and to deprive the Borrower of the benefits
of free and open completion.
By the Consultants
Consultants may, by not less than thirty (30) days written notice of termination to the
Employer (except in the event listed in the paragraph (e) below for which there shall be
written notice of not less than thirty (30) days), such notice to be given after the occurrence of
a) If the Employer fails to pay any money due to Consultants pursuant to this Contract and
not subject to dispute pursuant to Clause of Govt of contract hereof within thirty (30) days
after receiving written notice from the Consultants that such payment is overdue;
b) If the Employer is in material breach of its obligations pursuant to this Contract and has
not remedied the same within forty five (45) days (or such longer period as the Consultants
may have subsequently APPROVED in writing) following the receipt by the Employer of the
Consultants notice specifying such breach;
c) If as a result of Force Majeure, the Consultants are unable to perform a material portion of
the services for a period of not less than thirty (30) days; or
d) If the Employer fails to comply with any final decision reached as a result of arbitration
pursuant to Clause hereof
e) If the Consultants, in its sole discretion and for any reason whatsoever decides to terminate
the Contract.
Upon termination of this Contract, pursuant to Clauses hereof, or upon expiration of this
Contract pursuant to Clause hereof, all rights and obligations of the Parties hereunder shall
cease, except (i) such rights and obligations as may have accrued on the date of termination
or expiration (ii) the obligation of confidentiality set forth in Clause hereof, (iii) the
Consultants' obligations to permit inspection, copying and auditing of their accounts and
records set forth in Clause hereof, (iv) the Consultants' obligations regarding default in
performance of the service in accordance with the provisions of the Contract and for any loss
suffered by the Employer, whereof, as a result of such default, and (v) any right which a Party
may have under the Applicable Law.
Cessation of Services
Upon termination of this Contract, by notice of either Party to the other, pursuant to Clauses
hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the services to a close in a prompt and orderly manner and shall
make every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultants and equipment and materials furnished by
the Employer, the Consultants shall proceed as provided, respectively by Clauses hereof.
Upon termination of this Contract pursuant to Clauses hereof, the Employer shall make the
following payments to the Consultants (after offsetting against these payments any amount
that may be due from the Consultants to the Employer):
ii. Reimbursable expenditures pursuant to Clause hereof for expenditure actually incurred
prior to the effective date of termination; and
iii. Except in the case of termination pursuant to paragraphs (a) through (d) of Clause hereof,
reimbursement of any reasonable cost incidental to the prompt and orderly termination of the
Contract including the cost of the return travel of the Consultants personnel and their eligible
dependents.
If either Party whether an event specified in Clause hereof has occurred, such Party may,
within forty-five (45) days after receipt of notice of termination from the other Party, refer the
matter to arbitration, pursuant to Clause hereof, and this Contract, shall not be terminated on
account of such event except in accordance with the terms of any resulting arbitral award.
General
Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment, machinery, materials and
methods. The Consultants shall always act, in respect of any matter relating to this Contract,
or to the Services, as faithful advisers to the Employer, and shall at all times support and
safeguard the Employer's legitimate interests in any dealing with Engineer-in-charge and
Architect / Consultant.
The Consultants shall perform the Services in accordance with the Applicable Law and shall
take all practicable steps to ensure that any of the Personnel and agents of the Consultants,
comply with the Applicable Law.
Conflict of Interests
Jurisdiction :
The remuneration of the Consultants pursuant to Clause hereof shall constitute the
Consultants' sole remuneration in connection with the contract or the services, and subject to
Clause hereof, the Consultants shall not accept for their own benefit any trade commission,
Procurement
If the Consultants, as part of the Services, have the responsibility of advising the Employer,
on the procurement of goods, works or services, the Consultants shall comply with any
applicable procurement guidelines of the Employer and shall at all times exercise such
responsibility in the best interest of the Employer.
The Consultants agree that during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, shall be disqualified from
providing goods, works or services (other than the Services and any continuation thereof) for
the project to the Services.
Neither the Consultants nor their Sub-Consultants/Experts nor the personnel of either of them
shall engage, either directly or indirectly, during the term of this Contract, in any business or
professional activities in India which would conflict with the activities assigned to them
under this Contract.
Confidentiality
The Consultants, their Sub-Consultants/Experts and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract, disclose
any proprietary or confidential information relating to the Project, the Services, this Contract
or the Employer's business or operations without the prior written consent of the Employer.
Subject to additional provisions, as under, the Consultants liability under this Contract shall
be as provided by the Applicable law. a) Except in case of gross negligence or willful
misconduct on the part of the Consultants or on the part of any person or Consultant acting on
behalf of the Consultants in carrying out the services, the Consultants, with respect to damage
caused by the Consultants to the Employer's property, shall not be liable to the Employer:
ii. For any direct loss or damage that exceeds (A) total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the Consultants hereunder or (B)
the proceeds, the Consultants may be entitled to receive from any insurance maintained by
the Consultants to cover such a liability, whichever of (A) or (B) is higher.
The Consultants (i) shall keep accurate and systematic accounts and records of the Services
hereunder, in accordance with internationally accepted accounting principles and in such
form and detail as will clearly identify all relevant time charges and cost, and the basis
thereof (ii) shall permit the Employer or its designated representative periodically and up to
one year from the expiration or termination of this Contract, to inspect the same and make
copies thereof as well as to have them audited by auditors appointed by the Employer.
The Consultants shall obtain the Employer's prior approval in writing before taking any of the
following actions:
b) Appointing such number of Personnel as are not listed herewith. ("Consultants, Sub-
Consultants"/Experts and "Consultants Key Personnel");
Reporting Obligations
The Consultants shall submit to the Employer reports and documents specified herewith
hereto in the form and the numbers and within the time period set forth in the stipulated
details.
All data /details related to plans, drawings, specifications, designs, reports and other
documents prepared, reviewed & APPROVED by the Consultants in performing the Services
shall become and remain the property of the Employer, and the Consultants shall, not later
than upon termination or expiration of this Contract, deliver all such documents to the
Employer, together with a detailed inventory thereof. The Consultants may retain a copy of
such documents but shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Employer.
CONSULTANTS' PERSONNEL
General
The Consultants shall employ and provide such qualified and experienced Personnel as are
required to carry out the Services.
Description of Personnel
a) The list of Consultants key personnel and their estimated periods of engagement have been
described herewith..
b) If additional work is required beyond the scope of the Services specified in TOR the
estimated periods of engagement of Key Personnel set forth in may be increased by
agreement in writing between the Employer and the Consultants.
Approval of Personnel
The Key Personnel listed by title as by name in Datasheets are hereby APPROVED by the
Employer. In respect of other personnel whom the Consultants propose to use in carrying out
of the Services, the Consultants shall submit to the Employer for REVIEW and approval of a
copy of their biographical data. If the Employer does not object in writing (stating the reasons
for the objection) within thirty (30) calendar days from the date of receipt of such
biographical data and (if applicable) such Personnel shall be deemed to have been
APPROVED by the Employer. The removal and/or replacement of personnel is covered
under Clause hereof.
a) Working hours and holidays for the Consultants' Personnel shall match with that of the
Employer/ Contractor/Architect / Consultant/Engineer-in-charge. In case of any emergency,
the Consultants' Personnel will have to work on Saturdays, Sundays or any other holidays and
these leaves shall not be compensated by Employer by any means.
b) The Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave. The Consultant's remuneration shall be deemed to cover these items. Any
taking of leave by personnel shall be subject to the prior approval by the Employer and the
Consultant shall ensure that absence for leave purposes will not delay the progress and
adequate supervision of the Services.
c) The man months shown against each personnel shall be exclusive of leave period. The
period for which the Consultant’s personnel will be on annual leave or on sick leave shall not
be charged on the bill. The work of the personnel of the Consultants will have to be adjusted
within the regulatory working hours, without any overtime according to the requirement at
site.
a) No changes shall be made in the Key Personnel. If, for any reason beyond the reasonable
control of the Consultants, it becomes necessary to replace any of the Personnel, the
Consultants shall forthwith provide as a replacement a person of equivalent or better
qualifications and experience acceptable to the Employer. Such replaced person shall be
inducted only after approval by the Employer.
b) If the Employer (i) finds that any of the Personnel has committed serious misconduct or
has been charged with having committed a criminal action, or (ii) has reasonable cause to be
dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the
Employer's written request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the Employer. Such
person shall be inducted only after approval by the Employer.
c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate
of remuneration applicable to such person as well as any reimbursable expenditures
(including expenditures due to the number of eligible dependents) the Consultants may wish
to claim as a result of such replacement, shall be subject to the prior written approval by the
Employer. Except as the Employer may otherwise agree, (i) the Consultants shall bear all
additional travel and other costs arising out of or incidental to any removal and/or
replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a
replacement shall not exceed the remuneration which would have been payable to the
Personnel replaced.
Unless otherwise specified, the Employer shall use its best efforts to ensure that the
Government shall:
a) Provide the Consultants, and Personnel with work permits and such other documents as
shall be necessary to enable the Consultants, or Personnel to perform the Services;
b) assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all necessary entry and exit visas, residence permits, exchange permits and any
other documents required for their stay in Government’s country;
c) Advise on clearance through customs of any property required for the Services and of the
personal effects of the Personnel and their eligible dependents;
d) Issue to officials, agents and representatives of the Government all such instructions as
may be necessary or appropriate for the prompt and effective implementation of the Services;
f) Grant to the Consultants, and the Personnel of either of them the privilege, pursuant to the
Applicable Law, of bringing into Government’s country reasonable amounts of foreign
currency for the purposes of the Services or for the personal use of the Personnel and their
dependents and of withdrawing any such amounts as may be earned therein by the Personnel
in the execution of the Services; and
g) Provide to the Consultants and Personnel any such other assistance as may be specified in
the contract.
The Employer warrants that the Consultants shall have free and unimpeded access to all
portions of the land and building in respect of which access is required for the performance of
the Services and shall indemnify the Consultants and each their personnel in respect of
liability for such damage which is caused by the default or negligence of the Consultants or
the Personnel of either of them.
If after the date of signing of agreement there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost of reimbursable expenses
incurred by the Consultants in performing the Services, then the remuneration and
reimbursable expenses otherwise payable to the Consultants under this Contract shall not be
increased or decreased accordingly for stipulated duration of the Project.
The Employer shall nominate an authorized representative to liaise with the Consultants on
all matters connected with this agreement. In turn, the Resident/Project engineer of the
Consultants for the work shall act as the Liaison Officer for the Consultants to liaise with the
representative of the Employer.
Payment
In consideration of the Services performed by the Consultants under this Contract the
Employer shall make to the Consultants such payments and in such manner as is provided in
Clause of the Contract.
Currency of Payment:
The consultants, Sub-consultants /Experts and the Personnel shall pay the taxes, duties, fees,
levies and other impositions levied under the existing, amended or in acted laws during life of
this contract and the Employer shall perform such duties in regard to the deduction of such
taxes as may be lawfully imposed.
Good Faith
The Parties undertake to act in good faith in respect to each other's rights under this Contract
and to adopt all reasonable measures to ensure the realization of the objectives of this
Contract.
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
action as may be necessary to remove the cause or causes of such unfairness but on failure to
agree on any action pursuant to this Clause shall have the right of dispute subject to
arbitration in accordance with Clause thereof.
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.
Mutual Discussions
If any dispute or difference of any kind whatsoever (a "Dispute") arises between the Parties in
connection with, or arising out of, this Agreement, the Parties within 30 days shall attempt to
Further Procedures
If the Dispute cannot be settled within 7 days by mutual discussions, then the Dispute shall be
finally settled under the provisions of the Section. If the Parties fail to resolve any dispute
through discussions within 15 Business Days, either Party shall have the right to provide
written notice of the Dispute to the President or Chairman of the Committee of the other
Party. Upon a timely referral, the Senior Management of the Parties shall consider the
Dispute, REVIEW such relevant information as they may determine and issue their decision
(which decision shall be confirmed in writing) within 5 Business Days after receiving the
referral. If the Senior Management of the Parties cannot resolve the issue within the five
Business Day period, then the Parties shall have the rights set forth below in Contract
Clauses.
Arbitration
Subject as hereinafter provided, any Dispute arising out of or in connection with, this
Contract and not settled by above may (regardless of the nature of the Dispute) be submitted
by either Party to arbitration and finally settled in accordance with Indian Arbitration and
Conciliation Act, 1996 or any statutory amendment thereof.
Arbitration proceedings shall be held at Ahmedabad and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be
English.
The decision of the majority of arbitrators shall be final and binding upon both parties. The
expenses of the arbitrators as determined by the arbitrators shall be shared equally by the
Employer and the Contractor. However, the expenses incurred by each party in connection
with the preparation, presentation, etc., of its case prior to, during and after the arbitration
proceedings shall be borne by each party itself
During the conduct of dispute resolution procedures pursuant to the Clause the Parties shall
continue to perform their respective obligations under this Agreement, and no Party shall
exercise any other remedies hereunder arising by virtue of the matters in dispute.
Date: _______________
To,
EXECUTIVE ENGINEER
GUJARAT HOUSING BOARD
AHMEDABAD - 380 013
Dear Sir,
In consideration of “______________________” (hereinafter referred as the “Employer”,
which expression shall, unless repugnant to the context or meaning thereof include it
successors, administrators and assigns) having awarded to M/s. ____________________
(hereinafter referred to as the “PMC” which expression shall unless repugnant to the context
or meaning thereof, include its successors, administrators, executors and assigns), a contract
by issue of Employer’s Contract Agreement No. ________________ dated __________ and
the same having been unequivocally accepted by the PMC, resulting in a Contract valued at
___________________ for (name of the project)
_____________________________________ (hereinafter called the “Contract”) and the
PMC having agreed to furnish a Bank Guarantee to the Employer as Performance Security as
stipulated by the Employer in the said contract for performance of the above Contract
amounting to ____________________ (in words and figures).
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank
who issues the “Bank Guarantee”.
Note 2: The Bank Guarantee will be accepted which is issued by State Bank of India
or its subsidiaries or any Indian Nationalized Bank. If the Bank Guarantee is
drawn on a foreign bank it will be accepted by MNIT only if such Guarantee
is also accepted either by State Bank of India or any of its subsidiaries or any
Indian Nationalized Bank
In accordance with the provisions and conditions of Bid Notice for the work of
“________________”, Sri.______________________________(name & Address of the
Contractor) shall deposit with the Employer / Gujarat Housing Board ( a bank guarantee to
guarantee his proper and faithful Performance under the said contract an amount of (Amount
of Guarantee) (in words)*_________________________________________________
We further agree to change add to or other modifications of the forms of the contract or of
works to be performed there under or of any of the contract document which may be made
between the Employer / Gujarat Housing Board, and the contractor shall in any way release
us from any liability under this guarantee and we here by waive notice of any such change,
addition or modification.
If after Bid opening the Bidder withdraws or modifies his Bid during the period of bid
validity specified in the Form of Bid.
If the Bidder having been notified of the acceptance of his bid by the Department during the
period of validity.
Fails or refuses to execute the Form of Contract in accordance with the Instructions to
Bidders, if required; or fails or refuses to furnish the balance EMD and additional
performance Security in accordance with the instructions of PMC.
We undertake to pay to the Department up to the above amount upon receipt of his first
written demand, without the Department having to substantiate his demand, provided that in
his demand the Department will note the amount claimed by him is due to him owning to
SELECTION OF CONSULTANT FOR ARCHITECT CONCEPT DESIGN, MASTER
PLANNING, CONTRACTOR SELECTION, PROJECT MANAGEMENT CONSULTANCY
(PMC) SERVICES INCLUDING CONSTRUCTION SUPERVISION FOR HIGH-RISE &
LOW-RISE HOUSING PROJECT – PHASE – IV & VI AT VARIOUS PLACES FOR
GUJARAT HOUSING BOARD.
This Guarantee will remain in force up to and including the date** …………………… after
the dead line for submission of Tenders as such deadline is stated in the Instructions to
Tenders or as it may be extended by the Department, notice of which extension(s) to the Bank
is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later
than the above date.
WITNESS……………….. SEAL………………………………………………..
* The Tenderer should insert the amount of the EMD in words and figures denominated in Indian
Rupee.
This figure should be the same as shown in the Contract Document. ** 6 months from the deadline
date for submission of Tender [As specified in Contract Document].
VALIDITY OF TENDER:
The Tender will be valid for a period of 180 days from the date of submission of tender as mentioned
in clause.
INELIGIBILITY / DISQUALIFACTION
Any proposal shall be automatically disqualified if it does not contain the requisite EMD as per clause
Letter of Acceptance for selection of Project Management Consultant will be issued to the BIDDER
whose tender has been accepted by the GHB.
Once the Letter of Acceptance (LOA) of the tender is sent, then it is considered as acceptance of
contract.
The selected BIDDER should arrange to submit Security Deposit as specified and sign the Agreement
within SPECIFIED days from the date of receipt of LOA.
and
……………………………………..
This CONTRACT is made this ___________ day of ____________ Two Thousand and Sixteen
between ………………………………………………………. (herein after called “the Consultant”).
Which expression shall unless excluded by or repugnant to the subject or context shall include his
successors in office of the one part
AND the Gujarat Housing Board (hereinafter called “the Client” which expression shall unless
excluded by or repugnant to the subject or context shall include his successors in office and assigns of
the other part).
WHEREAS the Client intends to proceed with the work of SELECTION OF CONSULTANT FOR
ARCHITECT CONCEPT DESIGN, MASTER PLANNING, CONTRACTOR SELECTION,
PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES INCLUDING CONSTRUCTION
SUPERVISION FOR HIGH-RISE & LOW-RISE HOUSING PROJECT – PHASE – IV & VI AT
VARIOUS PLACES FOR GUJARAT HOUSING BOARD.
Described in the first Schedule Hereto (hereinafter called “the project”) and has requested the
Consultant to undertake and perform the service described in the second Schedule hereto (hereinafter
called “the Services”) which the Consultant has agreed to do upon and subject to the terms and
conditions set out in this Contract.
(1) In this Contract, words and expressions shall have the same meanings, as are respectively
assigned to them, in the conditions of Contract hereinafter referred to.
(2) The following documents attached hereto shall be deemed to form and be read and construed
as an integral part of this Contract:
(3) The mutual rights and obligations of the Client and the Consultant shall be as set forth in the
Contract, in particulars:
(a) The Consultant shall carry out the services in accordance with the provisions of the
Contract; and
(b) The Client shall make payments to the Consultant in accordance with the provisions of
the Contract.
In the presence of: Acting for and behalf of and by order and direction of the Gujarat Housing Board.
Executive Engineer.
---------------------------------------------------
---------------------------------------------------
[Authorized Representative]
By-------------------------------------------------------
(Authorized Representative)
- Actual amount to be paid to PMC as per work order given to agency. Pre-contract stage
payment will be done on base of estimated cost of work and same shall be settled as per the cost
of work actually executed.
- For all required fees to be paid at local authority will be borne by G.H.B.
I/We am/are willing to carry out the work at above mentioned rates.
(NOTE: - This amount is inclusive of applicable GST, Income Tax and other taxes)
TITLE
FROM: TO:
[Name & Address of the Consulting Firm] [Name & Address of the Client]
Sir,
1. I/We …………………… the undersigned, offer to provide the consulting services of the above
Project in accordance with your request for proposal dated [________] and my/our proposal.
My/Our attached financial proposal is for Rs………………. Per sqm. of carpet area [Amount in
words and figures]. This amount is excluding of all taxes.
2. My/Our financial proposal shall be binding upon me/us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the proposal or the date
extended by me/us i.e. [Date].
3. I/We certify that I/we have not engaged any Agents, nor I/we have paid any fee to any Agent for
procuring this consulting service.
4. I/We understand that you are not bound to accept any proposal you receive.
Yours Faithfully,
Signature
Full Name:
Designation:
Address:
(Authorized Representative)
PART-I
Minimum Required Project Monitoring and Engineering REVIEW & APPROVAL
Cell at Ahmedabad
PART-II
2 ---do--- 02
3 ---do--- 03
4 ---do--- 04
5 ---do--- 05
14 ---do--- 03 ---do---
15 ---do--- 04 ---do---
16 ---do--- 05 ---do---
19 ---do--- 03 ---do---
20 ---do--- 04 ---do---
21 ---do--- 05 ---do---
22 Firefighting 01 ---do---
expert
23 ---do--- 02 ---do---
24 ---do--- 03 ---do---
25 ---do--- 04 ---do---
26 ---do--- 05 ---do---
Total Rs
PART-I
For Project Monitoring and Engineering REVIEW & APPROVAL Cell at Ahmedabad
Unit
Sr. No. Description Unit Cost Rs.
Cost Rs.
1. Travel for Mobilization and Demobilization
2. Miscellaneous Travel Expenses
3. Overheads
4. Report preparation, production
5. Provisional Sums
6. Equipment
7. Purchase books of specifications/codes
8. Holding of Training and workshops
9. Other Costs
Total Cost Rs.
PART-II
For Field staff at various (all) project sites.
Unit
Sr. No. Description Unit Cost Rs.
Cost Rs.
1. Travel for Mobilization and Demobilization
2. Miscellaneous Travel Expenses
3. Overheads
4. Report preparation, production
5. Provisional Sums
6. Equipment
7. Purchase books of specifications/codes
8. Holding of Training and workshops
9. Other Costs
Total Cost Rs.
PART –I
PART-II
Field staff at various project sites.
3 Total of 1 & 2
4 Add GST
5 Fee or Profit
Note: - Details in FIN-1, FIN-2 & FIN-3 is only supporting data for justification of rate quoted
per sqm. It should not be linked with quoted rate in any circumstances. These costs are
not payable by the client.