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Page 1 of 45 REQUEST FOR PROPOSAL (RFP) FOR PROVIDING COMPREHENSIVE ARCHITECTURAL CONSULTANCY SERVICES FOR CONSTRUCTION OF ADVANCED MOTHER & CHILD CENTRE (PHASE-I) AT PGIMER, CHANDIGARH Tender No. HITES/IDN/PGIMER- CHD/2018-19/ (June, 2018) B-14A, Sector – 62, NOIDA (UP) -201307 Phone no: 0120-4071500, Fax no: 0120-4071513

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Page 1: REQUEST FOR PROPOSAL (RFP) FOR PROVIDING …hllhites.com/uploads/tenders/_2011282811.pdfDefect liability period and obtaining final GRIHA Certification 12 months 1.1 Consultancy Fee:

Page 1 of 45

REQUEST FOR PROPOSAL (RFP)

FOR

PROVIDING COMPREHENSIVE

ARCHITECTURAL CONSULTANCY

SERVICES FOR CONSTRUCTION OF

ADVANCED MOTHER & CHILD CENTRE

(PHASE-I) AT PGIMER, CHANDIGARH

Tender No. HITES/IDN/PGIMER-

CHD/2018-19/

(June, 2018)

B-14A, Sector – 62,

NOIDA (UP) -201307

Phone no: 0120-4071500,

Fax no: 0120-4071513

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RFP-Request Proposal for Architectural Services for HITES

HLL INFRA TECH SERVICES Limited (HITES) Page 2 of 45

HLL INFRA TECH SERVICES LIMITED (HITES)

NOTICE INVITING e-PROPOSAL

Bids are invited from eligible architects as detailed in the RFP document for below mentioned work

through e-tendering:

Name and Description

of work

Estimated

Cost

Last Date to

upload Bids

Processing

Fee Bid Security

Construction of

Advanced Mother &

Child Centre (Phase-I) at

PGIMER, Chandigarh

Rs. 223 Cr. 23.06.2018 up to

15:00 Hrs

Rs. 5900/-

incl. GST Rs. 2,33,00,000/-

For details, please visit CPP portal www.eprocure.gov.in, www.hllhites.com/tenders,

https://etender.lifecarehll.com. Amendments, if any, will be notified on these websites only.

Vice President (ID), HITES

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HLL INFRA TECH SERVICES Limited (HITES) Page 3 of 45

TABLE OF CONTENTS

Sr. No. Items Page No.

1. Disclaimer 4

2. Definitions 5

3. Section-I- Request for Proposal 6-9

4. Section II-Instructions For Applicants 10-19

5. Section III- Terms And Conditions of Contract 20-35

6. Form of Bid 36-37

7. Form of Performance Security (Guarantee) by Bank 38-40

8. Form of EMD / Bid Security Bank Guarantee 41-42

9. Contract Agreement 43-44

10. Form of Power of Attorney for Authorized Signatory 45

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RFP-Request Proposal for Architectural Services for HITES

HLL INFRA TECH SERVICES Limited (HITES) Page 4 of 45

DISCLAIMER

HLL Infra Tech Services Ltd. (HITES) has prepared this ‘Request for Proposal’ (RFP)

document as Executing Agency of Ministry of Health & Family Welfare, Government of

India for this project. The purpose of this RFP is to provide interested parties with

information to assist in preparation of their bid.

While HITES has taken due care in the preparation of the information contained herein,

and believe it to be complete and accurate, neither they nor any of their authorities or

agencies nor any of their respective officers, employees, agents or advisors give any

warranty or make any representations, expressed or implied as to the exhaustiveness/

completeness or accuracy of the information contained in this document or any

information which may be provided in association with it.

Respondents to this RFP are required to make their own inquiries/surveys with respect

to the subject of this RFP and will be required to confirm, in writing, that they have done

so and that they did not rely solely on the information in RFP.

This RFP is neither an agreement, nor an offer or invitation to perform work of any kind

to any party.

HITES reserves the right not to proceed with the Project or to change the configuration

of the Project, to alter the time-table reflected in this document or to change the process

or procedure to be applied. It also reserves the right to decline to discuss the Project

further with any respondent.

No reimbursement of cost of any type on any account will be paid to persons or entities

submitting their Bid in response to this RFP.

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HLL INFRA TECH SERVICES Limited (HITES) Page 5 of 45

DEFINITIONS

i) “Application” shall mean the response/ signed offer submitted by the

applicant in response to this request for proposal (RFP).

ii) "Approved" means approved by HITES/Client’s representative in writing.

iii) “Architectural Consultant/Consultant/Back-up Consultant” shall mean

all parties participating in the bidding process pursuant to and in accordance

with the terms of the RFP.

iv) “Bid”/“Proposal” shall mean the signed Technical and Financial offer

submitted by the Consultant in response to this RFP.

v) “Bid Security/ Earnest Money” shall mean the amount to be deposited by

the Consultant with the proposal.

vi) “Client” shall mean Director of Postgraduate Institute of Medical Education

and Research (PGIMER), Chandigarh.

vii) “Consultancy Fee” shall mean the fee to be paid for services for the project

as per schedule of payments by the HITES to the Consultant as given in the

Bid document.

viii) “Contract Agreement” shall mean the agreement to be signed between the

Successful applicant and HITES for the execution of the Project.

ix) “HITES” shall mean HLL Infra Tech Services Limited (100% Subsidiary of

HLL Lifecare Ltd., A Government of India Enterprise).

x) “LOA” shall mean Letter of Award issued by HITES to the Successful

Consultant inviting him to sign the Contract Agreement.

xi) “Project” shall mean “Providing Comprehensive Architectural

Consultancy Services, as Backup Consultant to HITES, for the

Construction of Advanced Mother & Child Centre (Phase-I) At PGIMER,

Chandigarh

xii) “Processing Fee” shall mean the amount to be paid by the Consultants in

consideration of cost of bid document.

xiii) “RFP” shall mean this Request for Proposal.

xiv) “Security Deposit” shall mean the amount to be collected by deductions

from the due payments of Successful applicant and held with HITES.

xv) “Site” shall mean the location of PGIMER, Chandigarh for which the services

as mentioned under the scope of work of the Project are to be carried out.

xvi) “Processing Fee” shall mean the amount to be paid by the Consultants with

the Bid.

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HLL INFRA TECH SERVICES Limited (HITES) Page 6 of 45

SECTION I

REQUEST FOR PROPOSAL

1.1 BRIEF DESCRIPTION OF THE PROJECT

HITES wishes to appoint Architectural Consultant for Construction of Advanced

Mother & Child Centre (Phase-I) At PGIMER, Chandigarh. The proposed Centre is

planned to be constructed vertically, with 2 basement levels and ground plus six levels

for optimal utilization of available space. The Advanced Mother & Child Center (Phase-I)

will have 300 general ward beds, Modular OT complex and ICUs, 10 HDU/observational

beds and facility for private ward beds. The proposed building plan should ensure

smooth flow of patients with facilities for emergency services, OPD clinics, full

diagnostic and other support services, special investigative labs, adequate number of

operation theaters, ICU’s and a brain suite. There should be available space and facility

for promotion of research in the field of Mother & Child care. The objective to establish

the State of Art Advanced Mother & Child Centre of National Importance is for providing

quality health care facilities to the people of Chandigarh, Punjab, Haryana, Jammu &

Kashmir, Himachal Pradesh as well as adjoining areas of Uttarakhand, U.P and

Rajasthan.

The nature of services to be provided by the Architectural Consultant will

include, but will not be limited to, visiting the site, soil investigation, topographical

survey, preparing Architectural Design and Details, Lay out plan, Structural Design,

planning of all services, preparation of BOQ and provide supervision and coordination

with local authorities with due emphasis on quality of design. The scope of services

would also include getting all requisite approvals and NOCs at all stages as required

from the State/Central Government, local bodies, Ministry of Environment and Forests,

Civil Aviation Fire etc. The proposed up-gradation shall be in conformity as per GRIHA

(Green Rating for Integrated Habitat Assessment) National Green Building Rating

System to achieve 5 star rating.

The back-up Consultant will be required to provide sufficient technically

qualified and experienced staff for providing the required level of services.

Project details:

No. Description Details

1. Name & Description of

Work

“RFP for providing comprehensive

Architectural & Engineering Consultancy

Services for Construction of Advanced

Mother & Child Centre (Phase-I) At PGIMER,

Chandigarh”

2. Estimated cost of the

project (in Rs.)

223.00 Cr

3. Bid Security (EMD) amount

(in Rs.)

Rs. 2,33,00,000/- (Demand Draft / Pay order or

Banker’s Cheque, Bank Gaurantee)

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HLL INFRA TECH SERVICES Limited (HITES) Page 7 of 45

4. Processing Fee Amount (in

Rs.)

Rs. 5900/-incl. GST (Demand Draft / Pay order or

Banker’s Cheque)

5. Date of availability of Bid

documents on line.

12.06.2018

6. Date & time for Pre bid

meeting

18.06.2018 at 11:30 Hrs

7. Last date to fill/upload the

e-tender through e-

Tendering.

23.06.2018 at 15:00 Hrs

8. Date & time for opening of

Technical Bids

23.06.2018 at 15:30 hrs.

9. Date of opening of Financial

Bids

Technically qualified consultants to be intimated

at appropriate stage.

Time schedule for completion of the project

Table 2

S. No. Description of Activities Duration (Months)

1. Planning of Works includes Finalization of layout,

schemes and preliminary drawing, Detailed

Project Report, detailed drawings, model,

walkthrough (Civil & Services)

2 Months

2. Tendering 3 Months

3. Construction Period 24 Months

4. Time for Commissioning 6 Months

5. Defect liability period and obtaining final GRIHA

Certification

12 months

1.1 Consultancy Fee:

The back-up consultants shall be paid the Lump-sum fixed fees inclusive of

Goods & Service Tax and all other applicable taxes. However, the amount of

GST shall be indicated separately as in the format provided.

1.2 Eligibility Criteria:

The Consultant should meet the following minimum eligibility criteria:

i. Architects/ firms empanelled in HLL Lifecare Ltd./ HITES in ‘A’ Category

subject to Para iii below.

ii. In the past three years from 01.06.2018 onwards; Architects who have either got

Work Order from HITES/ HLL Lifecare Ltd. of Architectural Consultancy work

of minimum value Rs. 200 Cr. or are “Technically Qualified” by HITES/ HLL

Lifecare Ltd. for works costing Rs. 200 Cr. or above as individual architects/

firms, even if they did not get the Work Order (JV/ Consortium not allowed).

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HLL INFRA TECH SERVICES Limited (HITES) Page 8 of 45

iii. Architects/ Architectural firms who have three or more ongoing Architectural

Consultancy works awarded by HITES/ HLL Lifecare Ltd. or works of total value

of Rs. 500 Crs or above, whichever is less, will not be considered.

1.3 Submission of RFP:

The authorized signatory of the applicant shall sign each page of the RFP

Document and submit along with the Technical Package as per Checklist

Annexure-I.

1.4 HITES reserves right to use the services of the back-up Consultants. This shall

mean that the back-up Consultant shall be working and supplying all the

details as per RFP and scope of work in the manner and in the name of HITES.

1.5 Responsiveness of RFP: The RFP shall be declared non- responsive if the RFP

submitted is conditional, without processing Fee, EMD, Valid DSC (Class III

having both signing and encryption rights).

1.6 The successful applicant shall be required to execute a Contract Agreement

immediately on issue of Letter of Award by HITES.

1.7 The intending consultant must have class-III digital signatures to submit the bid.

After submission of bid the consultant can re-submit revised bid any number of

times but before the last time and the date of submission of bid as notified. While

submitting the revised bid, the consultant can revise the rate of one or more

item(s) any number of times (he need not re-enter rate of all the items) but before

the last time of date of submission of bids as notified.

1.8 The bid shall be submitted online only after uploading the mandatory scanned

documents such as e-Proposal Fee/Processing Fee in favour “HLL Infra Tech

Services Limited” and Earnest Money Deposit (EMD) in favour of “HLL Infra Tech

Services Limited” as per details specified in the Bid Document.

Procedure for e-tendering

1. The sites CPP portal www.eprocure.gov.in, www.hllhites.com is only for e-

publishing. The consultants can submit their bid only on e-tender portal, i.e.,

https://etender.lifecarehll.com/irj/portal. Price bid shall be uploaded on the e-

tender portal only.

2. Registration

i. The consultants are advised to register on the portal

https://etender.lifecarehll.com at the earliest to avoid last minute rush but at

least 24 hours prior to the last date and time of submission of bids/uploading

of bids.

ii. The consultants would be intimated about their successful registration via

email which was used at the time of registration.

iii. After registration, the consultants would be provided with login id and

password. This may take a few hours.

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HLL INFRA TECH SERVICES Limited (HITES) Page 9 of 45

iv. The consultants would then be able to login in the e-tender portal.

3. Uploading of Bids

i. To participate in the bid, the consultants should first submit the scanned

copy of processing fee and EMD/ Bid Security via mail to

[email protected]. This activity can be done by a prospective consultant

even before registration. However, consultants are advised to send the

scanned copy of Processing Fee and EMD/Bid Security latest by 22.06.2018

upto 15:00 Hrs in order to upload bids by 23.06.2018 upto 15:00 Hrs.

ii. “Create Response” link will then be enabled by HITES. The registered

consultant can then upload the bid.

4. Consultants who are already registered in the portal may not register again and may

directly take Step 2 above.

5. Max. size of single file for uploading is 5MB.

6. For uploading bid, Internet explorer 9 & above should be run on compatible mode

with full administrator permission. Also please run the SRM pre-installer before

starting the e-tender process for smooth running of the portal.

7. It may be noted that the Digital Signature Certificate (DSC) used at the time of

registration will only work at the time of uploading of the bid documents also.

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HLL INFRA TECH SERVICES Limited (HITES) Page 10 of 45

SECTION II

INSTRUCTIONS TO APPLICANTS

I. SCOPE OF WORK

1. The back-up consultant shall provide comprehensive architectural and

engineering services, from beginning till the end of the project, including

preparation of detailed drawings depicting interior layouts and schematics with

all specifications viz. Architectural, Electrical , Fire Fighting, HVAC etc. for

various areas required to undertake the construction of the project out of the

following fields / services any /all of which may be required for the project:

i. Concept plan in consultation with Client and preparation of Detailed

Project Report.

ii. Architectural Planning and Design including Preparation of Architectural

Planning and Design for the Hospital, Interior design of various spaces in

the hospital etc. Circulation and traffic movement including pedestrian,

vehicular movement.

iii. Structural Design includes Comprehensive structural design of all

buildings and infrastructure. Design has to keep into consideration that

this is lifeline building. Structural design shall be got vetted from IIT by

the backup consultant. The cost of Structural Design vetting from IIT shall

be borne by the backup consultant.

iv. Electrical Systems including Comprehensive planning & designing of

Electrical systems both low and high voltage including power

distribution, emergency and UPS power supply system. Low voltage

systems such as LAN / fiber optics other advanced communication

technology, PA system, Internet / Wi-Fi / data communication, Television,

channel music (BGM), display etc. Security and surveillance system

including CCTV, Access Control, perimeter security, emergency and

disaster control facility. Lighting design for various hospital areas

including wards, consultation and other areas, laboratories, general

lighting, outdoor lighting, façade lighting, security lighting etc.

v. Mechanical Engineering systems comprising of Comprehensive planning

& designing of all Mechanical services and systems, including HVAC,

Escalators, Moving Walkways, Ventilation System etc.

vi. Plumbing systems comprises of Comprehensive planning & designing of

Plumbing systems, water supply storage & distribution, hot water system,

sanitary, sewerage, waste water circulation and disposal, storm water

drainage system with Rain water harvesting etc.

vii. Fire and Life Safety includes planning & designing of Fire detection and

alarm system, fire suppression system, specialized firefighting systems

such as mist and clean/ inert agent based, smoke exhaust system

including pressurization system, egress plan and design including

compartmentation, horizontal and staged egress, structural fire

protection, etc. Fire protection and fire safety measures as per National

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HLL INFRA TECH SERVICES Limited (HITES) Page 11 of 45

Building Code 2016 and Chandigarh administration bye-laws

viii. Medical & other Support Services/system Comprises of services planning

& designing of ancillary and related medical support services such as

Kitchen, Laundry, CSSD, Mortuary, Gas Manifold, medical waste handling-

treatment and disposal, medical gases supply and distribution- air,

Oxygen, Nitrogen, Vacuum (exhaust), solid waste management system,

Pneumatic Tube System etc.

ix. Design to comply C.P.W.D. requirements such that all provisions as per

the Disability Act should be provided. Handicap-friendly ramps and

doorways for movement of wheel-chair bound patients and handicap-

friendly toilets at each level shall form integral part of building design.

x. Landscaping includes designing of soft and hard surface details for open

spaces, green areas (including terrace garden options).

xi. Signages must include all the required names/signs that are required for

a hospital building for easy communication.

xii. Any other or all services not specifically mentioned herein but required

for the proper and successful completion of the project in accordance

with international standards or Bureau of Indian Standards (BIS)

including National Building Code 2016, Water Treatment / Purification,

solar water heating system etc.

xiii. Provide 3D modal of suitable scale as and when required by the HITES /

Local authority at no extra cost.

2. The back-up consultant shall prepare preliminary designs, cost estimates,

tender drawings, detailed cost estimates, drawings depicting interiors layouts

and schematics with all specifications viz. Architectural, Electrical for various

areas required as per CPWD norms to undertake the construction of the project.

3. The back-up consultant shall prepare drawings including all necessary

architectural and engineering details to suitable scale to enable the consultants

to prepare shop drawings , bar bending schedules etc. and all such other details

of works as are required for execution of the project and modify the same if so

decided by any authorized officer of client.

4. The back-up consultant shall ensure that all drawings / designs are prepared in

accordance with the relevant bye laws of local authority, Indian Electricity rules

and Indian Standard specification as amended upto the date or as per sound

engineering practice and shall be responsible to ensure the structural stability

and efficiency / adequacy of various other services and utilities as per design.

5. The back-up consultant shall get the designs, plans and Architectural/

Engineering details of the project approved by the local authorities as required.

The back-up consultant shall make all additions, alterations as may be required

in the designs, calculations, by the local authorities. The back-up consultant

shall deposit all the required fees for obtaining the approval from the

concerned statutory/ local bodies which will be reimbursed to the back-up

consultant on production of receipts in original by the concerned authorities.

Necessary assistance will be provided by HITES/Client.

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1.1 Services to be provided:

a) The back-up Consultant shall undertake Preparations of detailed estimates

containing detailed specification and quantities of various items on the basis of

latest Specifications and Schedule of Rates issued by CPWD.

b) The back-up Consultant shall ensure that the proposals are structurally sound

and the estimates are accurately calculated based on adequate data. The back-up

Consultant shall be responsible for technical soundness of the estimate as well as

the quantity of items of the BOQ.

c) The back-up Consultant shall assist HITES in preparation of tender documents by

following latest provisions of CPWD Works Manual, CPWD schedule of rates,

CPWD Specifications and up to date Contract & Manual circulars issued by

CPWD. Any deviation from the above to be got approved from HITES/ Client.

d) The back-up Consultant shall assist the HITES in processing of call, receipt,

scrutiny, processing and evaluation of bids as per procedure laid down in the

CPWD Works Manual. The back-up Consultant shall assist HITES in collection of

prevalent market rates so that HITES can prepare proper justification based on

prevalent market rates and coefficients as per CPWD Analysis of rates.

e) The back-up Consultant shall undertake Preparation of detailed design and

Structural Drawings for Civil Constructions works including all services.

f) The back-up Consultant shall undertake any other additional responsibility that

may be entrusted with respect to the project.

g) All the documents prepared by the back-up Consultant shall be the property of

HITES/ Client.

h) The back-up Consultant shall be required to obtain required completion

certificates/ NOC from local authorities to occupy the building (s).

1.2 Certification of Facilities as per GRIHA Standards:

The project is to be planned, designed and executed for Certification as per GRIHA

(Green Rating for Integrated Habitat Assessment) National Green Building Rating

System. Accordingly all required services from concept planning to completion,

documentation including obtaining certification from GRIHA Secretariat are

included in the scope of work. This shall also include Energy Simulation and

Modeling, Documentation & Co-ordination with GRIHA Council and obtaining

Provisional & Final Certification. The Consultant shall ensure that the Project shall

be registered with GRIHA Council after approval of the drawings by Client. The

Consultant shall be required to incorporate all the necessary provisions required

for Five Star GRIHA Rating in the drawings, specifications and BOQ’s etc. & to

undertake the necessary documentation and submissions with GRIHA Council

accordingly. They will also be required to provide the various services as referred

below:

a) Feasibility:

The Consultant will evaluate the certification levels that may be achieved by

the project. The feasibility report will comprise of a report, which will divide

the overall points in three categories:

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i) Points that are already planned, if any,

ii) Points which are possible to be planned

iii) Points those are not feasible (not applicable) for the project.

b) All the design and tender documents prepared for Civil, Structural, MEP, HVAC,

and Firefighting Systems etc. shall be in conformity to GRIHA requirements.

c) The Consultant shall ensure registration of the Project with GRIHA Council.

d) To provide continuous assistance or support to HITES project team including the

Construction Team in execution of work including selection of materials etc. to

achieve Five Star Rating under GRIHA Green Building Rating Systems.

e) To periodically monitor the parameters set out in the planned score card &

suggest remedial measures in case of any shortcomings.

f) To carry out Building Envelope Analysis, Orientation and Shading Analysis, Day

lighting Studies, Energy Modeling, Water Balance Charts etc. using relevant

simulation tools.

g) Preparation, submission and documentation from initiation till completion and

receipt of required Green Building Rating for the Project which amongst other

requirements as per GRIHA shall include collection, compilation & preparation of

filled-in templates/documents in close co-ordination with HITES, submission of

complete compliance documents as required by GRIHA Council in order to get

the GRIHA- 5 Star Rating for the Project. This shall also include all required

coordination with GRIHA Council etc. and other relevant statutory bodies

inclusive of responding to queries from these offices.

h) Consultant shall provide necessary Guidelines, Procedures and formats for

records to be maintained (at various stages of the Project) by HITES /

Consultants as per requirements of GRIHA Council.

i) Consultant should apprise HITES of the status with regard to implementation of

provisions of GRIHA periodically as per the requirements.

j) The Consultant shall arrange to get the Energy Audit completed & report

prepared through BEE Certified Energy Auditor as per GRIHA norms for

obtaining Final GRIHA Certification from GRIHA Council & nothing extra is

payable on this account.

k) The Consultant shall co-ordinate with GRIHA Council & all other relevant

statutory authorities as per requirements and nothing extra is payable on this

account. However, the required statutory fee payable to the GRIHA Council

/statutory authorities, if any, will be borne by HITES. The Consultant shall incur

such expenditure after prior approval of HITES who shall pay/ reimburse the

same to Consultant on submission of payment receipts and documents towards

this expenditure. However, Consultant shall be responsible for all the required

coordination and liaisoning work.

II. VALIDITY OF THE RFP.

a) The RFP shall be valid for a period of 90 days from last date of submission of bid.

b) Extension of RFP Validity, if any shall be decided by HITES.

c) Prior to the expiry of the original RFP, HITES may request Consultants to extend

the Bid Validity Period for a specified additional period.

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III. AWARD OF CONTRACT:

Subject to the requirements, HITES will award, the Contract to the Applicant/

Consultant, whose bid is found responsive, complete and in accordance with the RFP

documents.

IV. HITES'S RIGHT TO ACCEPT ANY TENDER AND TO REJECT ANY OR ALL

TENDERS:

HITES reserves the right to accept or reject any offer, and to annul the process and

reject all offers, at any time prior to award of Contract without thereby incurring any

liability to the affected applicants. HITES has no obligation to inform the affected

applicant(s) of the grounds for rejection of RFP.

V. NOTIFICATION OF AWARD:

a. Prior to the expiry of period of validity/extended validity of the offer as

prescribed in this bid document and as subsequently extended by the

consultant, HITES will notify the successful applicant by e-mail and confirm

in writing by registered post /speed post / courier, that his offer has been

accepted.

b. The Letter of Award shall constitute a part of the contract.

VI. PERFORMANCE GUARANTEE:

The successful applicant shall furnish to HITES a Performance Guarantee in the form

of demand draft of a scheduled bank issued in favour of “HLL Infra Tech Services

Limited” Payable at New Delhi/ NOIDA or fixed deposit receipt or Banker’s cheque or

Bank Guarantee in favour of “HLL Infra Tech Services Limited” @ of 5% of the

consultancy fee payable to the back-up Consultant from a Scheduled Commercial

bank based in India in the prescribed format at the end of this Volume-1, valid for

the completion period and defect liability period plus sixty days, i.e., 4 years & 2

months. The Performance Security shall be furnished within the time limit specified.

Failure of the successful applicant to submit the required Performance Guarantee by

due date, shall constitute sufficient grounds for the annulment of the award of

Contract and forfeiture of EMD.

VII. SIGNING OF AGREEMENT:

HITES shall prepare the Agreement in the Performa (Form D) included in this

Document, duly incorporating all the terms & conditions of agreement between

HITES and successful applicant. Successful applicant will be required to execute the

Contract agreement within 15 days from the date of issue of the Letter of Award. The

performance guarantee should be submitted immediately after issue of letter of

award but not later than 15 days of issue of letter of award. One copy of the

Agreement duly signed by HITES and The back-up Consultant through their

authorized signatories will be supplied by HITES to The back-up Consultant.

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VIII. Processing Fee and Earnest Money Deposit (EMD)

1. Processing Fee: Interested Consultant who wishes to participate in the bid has to

make payment of Rs. 5900/- (inclusive of GST) towards the Processing Fee in the

form of Demand Draft / Pay order or Banker’s Cheque of any Scheduled Bank

drawn in favour of “HLL Infra Tech Services Limited” Payable at New Delhi /

NOIDA and the relevant Demand Draft / Pay order or Banker’s Cheque to be

scanned and uploaded on the e-Tendering website before the due date and closing

time of submission of bids as notified and original should be deposited in the office

of The Vice President (ID), HLL Infra Tech Services Limited, B-14A, Sector – 62,

NOIDA (UP) -201307 before the Date & time for opening of RFP. Processing Fee is

non–refundable.

2. Earnest Money Deposit (EMD): Bid shall be accompanied with Earnest money of

Rs. 2,33,00,000/- in shape of demand draft of a scheduled bank issued in favour of

“HLL Infra Tech Services Limited” Payable at New Delhi/ NOIDA or fixed deposit

receipt or Banker’s cheque or Bank Guarantee in favour of “HLL Infra Tech

Services Limited” as per Form C, having validity for six months or more from the

last date of receipt of tenders or any extension thereof.

The earnest money amount in the form of demand draft or pay order or Banker’s

cheque or Bank Guarantee shall be scanned and uploaded to the e-Tendering

website within the period of bids submissions and original should be deposited in

the office of The Vice President (ID), HLL Infra Tech Services Limited, B-14A,

Sector – 62, NOIDA (UP) -201307 before the Date & Time for opening of RFP.

3. Online bid documents submitted by intending consultants shall be opened only of

those consultants, whose EMD and e-tender Fee/Processing Fee and other

documents placed in the envelope are found to be in order.

4. The intending consultant must have Class-III digital signatures with both Signing &

Encryption rights to submit the bid. After submission of bid, the consultant can re-

submit revised bid any number of times but before the last time and the date of

submission of bid as notified. While submitting the revised bid, the consultant can

revise the rate of one or more item(s) any number of times (he need not re-enter

rate of all the items) but before the last time of date of submission of bids as

notified.

5. The bid can be submitted online only after uploading the mandatory scanned

documents such as Processing Fee in favour “HLL Infra Tech Services Limited” and

Earnest Money Deposit (EMD) in favour of “HLL Infra Tech Services Limited” as

per details specified in the Bid Document.

IX. The bid submitted shall become invalid and processing fee shall not be refunded if:

(i) The consultant is found ineligible whose EMD and Processing Fee and other

documents placed in the envelope are found to be incorrect.

(ii) If any discrepancy is noticed between the documents as uploaded at the time

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of submission of bid and hard copies as submitted physically in the office of

tender opening authority.

X. Contents of Technical Package:

The technical package, clearly labelled as “TECHNICAL PACKAGE”, has to be submitted

in two parts.

(A) Envelope No. 1 shall be submitted in physical form/hardcopy in

ORIGINAL in Envelope no. 1 and also a scanned copy be uploaded

online. This shall comprise of:

I. Original Non – Refundable Processing Fee of Rs. 5900/- (Rupees Five

Thousand Nine Hundred only) inclusive of GST in form of Demand Draft /

Pay order or Banker’s Cheque of any Scheduled Bank drawn in favour of

“HLL Infra Tech Services Limited” Payable at New Delhi / NOIDA should be

deposited along with physical submission of technical bid, in the office of The

Vice President (ID), HLL Infra Tech Services Limited, B-14A, Sector – 62,

NOIDA (UP) -201307 before the Date & time for opening of Technical Bids.

The scanned copy of the original relevant Demand Draft / Pay order or

Banker’s Cheque to be uploaded on the e-Tendering website before the due

date and closing time of submission of bids as notified. Processing Fee is non

– refundable. Any physical submission not accompanied by the requisite

Processing Fee will be rejected.

II. Bid Security/EMD, in original,

a. The Consultant shall enclose EMD with their Bid for an amount, as

mentioned in Notice Inviting Bids.

b. The EMD will be in the form of demand draft of a scheduled bank issued

in favour of “HLL Infra Tech Services Ltd. (HITES)”payable at New Delhi

or fixed deposit receipt or Banker’s cheque or Bank Guarantee in favour

of “HLL Infra Tech Services Ltd. (HITES)”as per format enclosed, having

validity for six months or more from the last date of receipt of

proposals or any extension thereof. The Bank guarantees should be

irrevocable and operative for a period of six months or more from the

last date of receipt of proposals or any extension thereof.

c. Bids not accompanied by EMD, shall be treated as non-responsive, and

will be summarily rejected by HITES.

d. The Bid securities of unsuccessful Consultants shall be discharged/

returned by HITES in not later than 30 days after the expiration of the

period of Bid Validity.

e. The Bid Security shall be forfeited if a consultant withdraws his bid

during the period of bid validity or in the case of the successful

consultant, if he fails to furnish the necessary performance security or

enter into the Contract within the specified time limit.

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(B) Envelope No. 2 shall be submitted in physical form/hardcopy in

ORIGINAL in Envelope no. 2 and also a scanned copy be uploaded

online. This shall comprise of:

III. Form of Bid duly signed and filled as per format enclosed.

IV. HITES/ HLL Lifecare Ltd. Empanelment Letter/ Letter of Award/ Intimation

giving information of getting Technically Qualified.

V. GST Registration as per format enclosed/ In case the firm is not registered at

the time of submission of bid, they will submit an undertaking that they will

get themselves registered with the concerned authorities in case they are

awarded the work.

VI. Power of Attorney in favour of person signing the Bid on a Non-judicial stamp paper of appropriate value as per format enclosed.

VII. Signed RFP Document

XI. Contents of Financial Package

The financial package (VOLUME II - PRICE BID) should be submitted ONLINE

only. Physical submission of financial bid will not be accepted and e-tender shall

be rejected. Quoted rates shall include all prevailing Central, State, Local taxes,

duties, cess, and surcharges and any other applicable statutory levies including

Goods and service tax (GST) applicable till the last stipulated date for the

receipt of proposal including extensions if any. In case Government

levies/modifies any tax subsequently the same will be adjusted plus/minus as

the case may be.

12. Language of Bid

The Bid and all related correspondence and documents relating to the Project

shall be in English language only.

13. Currency of Bid

Bid prices shall be quoted in Indian Rupees only. The amount mentioned

elsewhere in the bid document will also deemed to be in Indian Rupees unless

otherwise mentioned.

14. Extension of Bid Validity

Prior to the expiry of the original Bid Validity Period, HITES may, at its

discretion, request Consultants to extend the Bid Validity Period for a specified

additional period and also correspondingly extend the period of validity of Bid

Security/ EMD submitted in the form a Bank Guarantee.

15. Format and Signing of Bid

a. Bid documents (Vol-I (RFP) and Vol-II (Price Bid)) shall be digitally

signed by a person duly authorized to sign the Bid documents. The

Consultant shall also submit a Power of Attorney in original authorizing

the person signing the documents.

b. Entries to be filled in by the Consultant shall be typed or written in

indelible ink.

c. All witnesses and sureties shall be persons of status and probity and their

full names, occupations and addresses shall be written below their

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signatures.

16. Sealing and Marking of Bids

The Bid shall be submitted along with documents and mode of

submission mentioned above in this section and also mentioned in the

Checklist at Annexure - I of this Volume I.

Please note that the price should not be indicated in any of the

documents enclosed in Technical Package-I and Technical Package-II.

Non-compliance shall entail rejection of the Bid.Please note that the price

should not be indicated in any of the documents enclosed in Technical

package. Non-compliance shall entail rejection of the Bid.

17. Submission of Bids

i. Bids should be submitted online to:

The Vice President (ID) M/s HLL Infra Tech Services Ltd. (HITES) B-14A, Sector – 62, NOIDA (UP) -201307 Executing Agency Ministry of Health & Family Welfare, Govt. of India

ii. The last date for submission of completed Bids is given in Notice Inviting Bids. HITES may, at their discretion, extend this date, in which case all rights and obligations of HITES and the Consultant shall thereafter be subjected to the new deadline as extended. If such nominated date for submission of Bid is subsequently declared as a public holiday, the next official working day shall be deemed as the date for submission of Bid.

iii. Required documents which are required to be submitted in original as per mode defined in Checklist at Annexure I of Volume I, shall be submitted by hand or through speed post/ registered post or courier service at the address mentioned above. HITES shall not take any cognizance and shall not be responsible for delay/loss in transit or non-submission of said documents in time.

iv. Required documents sent telegraphically or through other means of transmission (Tele-fax, E-mail etc.), which cannot be delivered in a sealed envelope, shall be treated as defective, invalid and shall stand rejected.

v. Modifications/ Substitution/ Withdrawal of Bids

a. No modification or substitution of the submitted Bid shall be allowed after last date and time of submission of bids.

b. A Consultant may withdraw its submitted Bid, provided that written notice of the withdrawal is received by The Vice President (ID), HITES, B-14A, Sector – 62, NOIDA (UP) -201307, before the last date for submission of Bids.

c. Only a single copy of the withdrawal notice shall be prepared and each page of the notice shall be signed and stamped by the authorized signatory. The notice shall be duly marked “WITHDRAWAL”. This withdrawal notice will be opened at the time of opening of bid and not earlier. The signature of GPA holder will be verified and withdrawal shall be considered only in case both are same.

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vi. Bid Due Date

a. Hard Copies of the Bids should be received at the address mentioned in this document, on or before the stipulated/extended time and date as specified in Notice Inviting Bids.

b. The Financial Bid is to be submitted online & List of documents to be scanned and maybe uploaded on or before the stipulated/extended time and date as specified in Notice Inviting Bids.

c. HITES may, in exceptional circumstances, and at its sole discretion, extend the Bid due date by issuing an addendum.

vii. Late Bids

Any Bid received at the address mentioned above after the deadline prescribed for submission of Bids in Notice Inviting Bids/extended date as the case may be, herein will not be considered and will be returned unopened to the Consultant.

18. Power of Attorney:

Bidders shall submit as per format enclosed, a power of attorney, on a stamp paper of appropriate value, in favour of the person signing the Bid documents authorizing him to sign the Bid documents, make corrections/ modifications thereto and interacting with HITES and act as the contact person. In case bids are signed by Managing Director/Partner/Proprietor himself, Power of Attorney is not required.

In the event of tender being submitted by a firm, it must be signed separately by each partner thereof or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power of attorney authorizing him to do so, such power of attorney to be produced with the tender, and it must disclose that the firm is duly registered under the Indian Partnership Act 1932. In case company is registered under Company act 1956 and 2013, POA should be signed by the person authorized by the Board. In the support of this copy of relevant resolution is to be attached.

19. Bid Opening

i. The Bids will be opened in the presence of Bidders or their authorized representatives who may choose to attend on date & time as mentioned in Notice Inviting Bids. If such nominated date for opening of Bid is subsequently declared as a public holiday, the next official working day shall be deemed as the date of opening of the Bid.

ii. On opening of the Bid, it will be checked if they contain Technical & Financial Bids and EMD/ Bid Security as detailed above.

iii. Technical Package of the Bids will only be opened. They will be checked for correctness of the submission of the requisite Bid Security and Eligibility Criteria.

iv. The Financial Bids of the eligible consultants as per the RFP will be then opened either on the same day or a date of financial opening will be intimated to the consultants after the opening of Technical Bid.

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SECTION-III

TERMS AND CONDITIONS OF CONTRACT

1. SCOPE OF WORK:-

1.1 The scope of work relates to providing comprehensive Architectural & Engineering

Consultancy Services for Construction of Mother and Child Care center at PGIMER,

Chandigarh.

1.2 Preliminary stage

The services to be provided by the back-up Consultants shall interalia include the

following:-

a. Visiting the site, Soil investigation, topographical survey, discussing details

with the HITES/ Client.

b. Preparing and submitting concept drawings and designs conforming to

prevailing national standards, local bye laws as well as compliant to GRIHA

(Green Rating for Integrated Habitat Assessment) National Green Building

Rating System, i.e. developing lay out plan of the complex; complete

preliminary drawings/preliminary sketches, plans, elevations, sections /

perspectives of various proposed blocks of buildings all required to present

the general view of the proposed buildings with basic dimensions and building

layouts for obtaining approval of the Client/ HITESs including all necessary

modifications based on interactive evaluation by the Client/ HITES up till

finalization of concept designs.

c. Preliminary planning of all internal and external services like water

supply, sewerage, storm water drainage, acoustics, landscaping, development

plans showing internal roads, paths, parking lots, paved areas, drains,

culverts, compound walls, external lighting, indicating position of lifts, AC

ducts and other conduits for services, firefighting arrangements etc.

complete.

d. Preparation of preliminary Architectural drawings, general specifications for

the work.

e. Obtaining the approval of the Client/ HITES to b, c, d above and to any

subsequent changes which The back-up Consultant will carry out on the

advice of the HITES, and to computations of designs including structural

designs, drawings and services design which shall be in accordance with all

the relevant BIS codes of practice. This may include discussions with and

incorporation of requirements of the HITES.

f. The back-up Consultant shall indicate the name of his sub- consultants for

various services like structural designs with their details. The Sub-consultant

shall be associated from the preliminary drawing stage to the final stage of

work. However, he shall be fully responsible for the correctness and

accuracy of services design prepared by such sub-consultants & shall

indemnify the HITES for damage or loss caused due to negligence of sub-

consultant (s).

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g. Approvals/ NOCs:-

i. Obtaining approval of all the competent authorities and other statutory

bodies like Ministry of Environment and forests, Forest department, State

Pollution Control Board, civil aviation, railways and local development

bodies etc. as applicable necessary according to the local Acts, Laws,

Regulations, etc. and make any changes desired by such authorities at no

extra cost. The original documents of approval shall be submitted to the

HITES.

ii. Obtaining approval of the Architectural drawings from relevant local

statutory body & obtain Commencement Certificate from local bodies

leading to commencement of construction of the project if required.

iii. Obtaining NOCs (no objection certificates) from Fire Department, Storm

water drainage & sewerage department Municipal Corporation / Local

Bodies, Civil Aviation, Railways etc. as per the requirement.

iv. Obtaining approval of electrical drawings from Central / State Electrical

Inspectorate, as applicable if required.

h. Prepare a three dimensional model of suitable scale as and when required by

the HITES / local authority at no extra cost.

1.3 Working drawings stage:-

Consultant shall be responsible for Preparation of detailed architectural

drawings (hereinafter called Working drawings), structural drawings, bar

bending schedules, service drawings including drawings showing the details of

all the utility services such as water supply, sanitary, electrical installations,

acoustics, air-conditioning, firefighting, etc., internal and external, mentioned

above including details of specifications of all items of work. All the drawings

and design calculations shall be made available by the back-up Consultant to the

HITES in duplicate along with the soft copy thereof in CD/pen drive for checking

and approval. However, the responsibility for the correctness and accuracy of the

structural design and safety of structure shall be entirely that of consultant. This

activity may necessitate the back-up Consultant to interact with HITES or any

authority /institution appointed by HITES for Proof Checking of structural design

& drawings.

a. Obtaining approval of the HITES in respect of items mentioned in above

clause and modifying them, if considered necessary by the HITES.

b. If required, obtaining the approval of local and other authorities

mentioned above and making any changes required by them

c. Preparation of complete working details, schedules, specifications and

bill of quantities, co-ordinating medical equipment lay out including

those of various services in the manner prescribed by HITES, to

describe the part/whole project adequately and supplying details of

calculations of such bill of quantities to enable the HITES to check them

before preparation of tender documents by HITES. Supplying free of

charge required sets of approved bill of quantities along with the

drawings needed for tender purpose

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d. Bid Document

i. Assist HITES in preparing bid document including Special Condition

of Contract (SCC); Bill of quantities; Particular/additional

specifications of the work (which are not available in standard

specification of CPWD); The GCC, NIB and ITB shall be appended by

HITES as per requirements.

ii. Assist HITES in bid evaluation by providing/supplying market rate

analysis and quotations whatever required for schedule (As per

CPWD DSR) and non-schedule items (Non DSR) of the work in

prescribed manner as per directions of HITES.

1.4 Execution/Completion stage

The back-up Consultant shall:

a. Supply all the approved & duly marked “Good for Construction” (GFC)

working drawings and Structural drawings, specifications and details in the

manner required by HITES for proper execution of the work. (Required sets

of approved drawings shall be supplied free of charge to HITES)

b. Make scrutiny of any shop drawings required in connection with work

pertaining to manufacturing designs for their correctness and incorporation

in the working drawings and release the duly vetted drawings for

construction.

c. Obtain HITES’s approval for any material deviation in design or specifications

before any revision of Drawings already approved by them.

d. Shall visit the site during execution as per requirements and directions of

HITES

e. Coordinate the various activities of his sub-consultants.

f. Shall obtain approval / sanctions and drainage completion certificate for

sewerage connection, water supply, electric supply, occupancy certificate

(part / full) as may be required by the HITES and also to obtain necessary

water supply connection.

g. Shall obtain all the required completion certificates / NOCs from the various

local authorities and furnish to the HITES the building completion certificate

along with six sets of completion plans/drawings and other connected

documents. These drawings will be in addition to drawings and details

mentioned in above clauses.

h. Provide necessary drawings for electrical works for final approval of

Electrical Inspectorate.

2. PAYMENT OF REMUNERATION

2.1 Fee payable to Consultant

a. HITES shall pay the Consultant the consultancy Fees as a Lumpsum fixed

fee, covering the scope of work including civil works, electrical works,

HVAC, Lifts, Firefighting, PHE, etc., subject to the rendering timely and

satisfactory services.

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b. The intermediate payments shall however be made on the basis of

approved estimated cost of component works. The payments made to the

Consultant shall be subject to deductions as per Indian Tax Laws.

c. The above fees shall be deemed to be inclusive of fees payable by the

Consultant to any other sub-consultants and associates engaged by him,

needed to accomplish the job and nothing extra, whatsoever, shall be

payable by HITES. The professional fees of the Consultant shall be

inclusive of all cost related to visits to the site, attending meetings, and

conferences and making suitable presentations.

d. However, the above fee shall exclude:-

i. Any other statutory charges incurred by the Consultant on behalf of

HITES/ Client for obtaining required statutory approvals etc.

ii. Fees / charges paid by Consultant on behalf of HITES/ Client for

registration, obtaining approvals and provisional & final certification

from GRIHA Council.

iii. Fees / charges paid by Consultant to Statutory Authorities /Local

Bodies shall be reimbursed by HITES on submission of documentary

proof and payment receipts from relevant Statutory Authorities/Local

Bodies.

e. Fees/ charges for proof checking shall be borne by HITES and paid

directly to the proof checking agency.

f. The statutory expenses paid to statutory bodies for the Project for

obtaining approvals shall be reimbursed by the HITES over and above the

Consultancy Fees. No reimbursement(s) shall be made by the HITES until

the Consultant has submitted a written claim for the same and has

attached sufficient documentary evidence.

g. The Consultant shall bear the charges, if any, paid by him towards Due

Diligence Site visits, Orientation Workshop by the representatives of

GRIHA Council.

3. PAYMENTS TERMS

3.1 Payments Terms:-

Phase 1:- Pre-Construction Stage

Stage Sl.

No

Milestone %

Payment

Cumulative

percentage

payment

Stage 1 1.

Topographical survey and Soil investigation

and preparation & approval of Preliminary

designs & drawings by client 7.5% 7.5%

2.

Preparation of Detailed Project report & its

approval by the client 7.5% 15%

3. Preparation of submission drawings for local 5% 20%

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bodies / authorities and approval from local

bodies, EIA etc.

Stage 2

4.

Preparation of detailed engineering

drawings for internal and external electrical

services, water supply, sanitary sewerage,

etc. based on detailed civil drawings for

approval.

5% 25%

5.

Preparation of Civil and Structural drawings.

Preparation of bills of quantities, estimated

project cost, technical specifications &

tender documents for building, services for

approval.

10% 35%

Stage 3 6.

Preparation & Submission of complete set of

GFC drawings & details (Civil and Services

complete)

10% 45%

Phase 2-Construction & Post Construction Stage

Stage Sl.

No

Milestone %

Payment

Cumulative

percentage

payment

Stage-4

7. Pro-rata quarterly payment based on %

progress of construction work of building

plus other services.

(i) After 20% financial progress of total contract

value

5% 50%

(ii) After 40% financial progress of total contract

value

5% 55%

(iii) After 60% financial progress of total contract

value

5% 60%

(iv) After 80% financial progress of total contract

value

5% 65%

(v) After completion of hospital structure

including finishing

5% 70%

Stage-5

8. 100% completion, as built drawings,

installation of all Engineering Services

7.5% 77.5%

9. Approval / NOC’s (Fire Deptt.) including

Completion/ Occupancy certificate &

commissioning of the project

7.5% 85%

10. Obtain 5 Star GRIHA Rating certificate from

the (Green Rating for Integrated Habitat

Assessment) , EIA etc.

5% 90%

Stage-6 11. Defect liability period and obtaining final

GRIHA Certification

10% 100%

Note:

All Miscellaneous additional details/ drawings, if required, for execution

shall be issued within 7 days of requisition by the HITES.

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Completion of scope of work for the back-up Consultant will be

considered only after the completion of Stage 5.

3.2 The fees will be paid in installments as specified above. On completion of the work

of any stage, the back-up Consultant shall submit his gross bill to the Project-in-

charge in Triplicate. Admissible amounts, as assessed by the Project-in-charge,

against invoice raised by The back-up Consultant on completion of various stages

of the work shall as far as possible be paid within 20th working day after the day of

presentation of the invoice by The back-up Consultant to the Project-in-charge or

his authorized Engineer.

4. TIME SCHEDULE

4.1 Time Schedule

The timelines for the project are as follows:

S. No. Description of Activities Duration (Months)

1. Planning of Works includes Finalization of

layout, schemes and preliminary drawing,

detailed Project report, detailed drawing

2 Months

2. Tendering 3 Months

3. Construction Period 24 Months

4. Time for Commissioning 6 Months

5. Defect liability period and obtaining final GRIHA

Certification

12 months

4.2 Activities schedule

Stage Activities

Duration

in

months

Total

duration

(months)

Stage 1

Topographical survey and Soil investigation and

preparation & approval of Preliminary designs &

drawings by client 0-2 2

Preparation of Detailed Project report & its approval

by the client 1-2 2

Preparation of submission drawings for local bodies

/ authorities and approval from local bodies, EIA etc. 1-3 3

Stage 2

Preparation of detailed engineering drawings for

internal and external electrical services, water

supply, sanitary sewerage, etc. based on detailed civil

drawings for approval.

2-4 4

Preparation of Civil and Structural drawings.

Preparation of bills of quantities, estimated project

cost, technical specifications & tender documents for

building, services for approval.

3-4 4

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Stage 3 Preparation & Submission of complete set of GFC

drawings & details (Civil and Services complete) 4-5 5

Stage-4 Construction work of building plus other services. 5-29 29

Stage-5

Approval / NOC’s (Fire Deptt.) including

Completion/ Occupancy certificate & commissioning

of the project and Obtain 5 Star GRIHA Rating

certificate from the (Green Rating for Integrated

Habitat Assessment) , EIA etc.

29-35 35

Stage-6 Defect liability period and obtaining final GRIHA

Certification 35-47 47

5. EXTENSION OF TIME:

5.1 The time allowed for performance of the Works as specified in the contract or the

extended time in accordance with these conditions shall be the essence of the

Contract. The performance of the works shall commence from such time period as

mentioned in contract. The back-up Consultant shall be provided on demand

necessary required documents/ information and certificates/undertakings by the

HITES. If the back-up Consultant commits default in commencing the performance

of the work as aforesaid, HITES shall without prejudice to any other right or

remedy available in law, be at liberty to forfeit the performance guarantee

absolutely.

The HITES after satisfying himself about the reasonableness of grounds, may grant

extension of time as in his opinion be justified and communicate the same in

writing. The decision of VP (ID), HITES shall be final and binding in this regard.

Whenever such extension of time is granted, it would be without prejudice to the

rights of HITES to recover the liquidated damages from the back-up Consultant.

Any extension of time granted as stated above shall neither entitle The back-up

Consultant to any claim for increase in their fees nor shall it release him from any

of the obligations under the said agreement.

5.2 If the work(s) be delayed by:-

a) force majeure, or

b) serious loss or damage by fire, or

c) civil commotion, local commotion of workmen, strike or lockout, affecting

any of the trades employed on the work, or

d) Any delay in supplying the requisite documents and delay due to any

cause beyond the control of The back-up Consultant, or

e) Any other cause which, in the absolute discretion of the HITES is beyond

The back-up Consultants’ control. Then upon the happening of any such

event causing delay, The back-up Consultant shall immediately give notice

thereof in writing to the authority as indicated in the contract but shall

nevertheless use constantly his best endeavors to prevent or make good

the delay and shall do all that may be reasonably required to the

satisfaction of the HITES to proceed with the works.

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5.3 Force Majeure

i. War, invasion, revolution, riots, sabotage, lockouts, strikes, work shut-

down imposed by Government Acts or legislature or other authorities,

stoppage in supply of materials, fuel or electricity, breakdowns of

machinery, act of God, epidemics, fires, earthquakes, floods, explosions,

accidents, sea navigation blockades or any other acts or events

whatsoever which are beyond reasonable control and which shall directly

or indirectly prevent completion of the project within the time specified in

the agreement, will be considered Force Majeure. The back-up

Consultants shall be granted necessary extension of time to cover the

delay as caused by Force Majeure without any financial repercussions.

ii. Should one or both parties be prevented from fulfillment of the

contractual obligations by a state of force majeure, the two parties shall

consult each other and decide regarding the future execution of the

contract.

6. LIQUIDATED DAMAGES FOR DELAYS

If The back-up Consultant fails to maintain the required progress in terms of clause

5 or to complete the work and obtains completion certificate(s) from statutory

authorities on or before the contract or extended date of completion, he shall,

without prejudice to any other right or remedy available under the law to the HITES

on account of such breach, pay as agreed compensation the amount calculated at the

rates stipulated below as the authority specified (whose decision in writing shall be

final and binding) may decide on the amount of contract value of the work for every

completed day/month (as applicable) that the progress remains below that specified

in Clause 5 or that the work remains incomplete.

This will also apply to items or group of items for which a separate period of

completion has been specified.

(i) Compensation for delay of work @ 1.5 % of the consultancy fee per

month of delay to be computed

on per day basis

Provided always that the total amount of compensation for delay to be paid under

this Condition shall not exceed 10% of the gross consultancy Fee or of the

corresponding consultancy Fee of the item or group of items of work for which a

separate period of completion is originally given.

The amount of compensation may be adjusted or set-off against any sum payable to

the back-up Consultant under this or any other contract with the HITES.

7. PERFORMANCE GUARANTEE

(i) The back-up Consultant will be required to furnish Performance Guarantee

of 5% (Five Percent) of the total consultancy fee payable to the back-up

Consultant within the period specified in RFP. This guarantee shall be in the

form of cash (in case guarantee amount Bankers cheque of any scheduled

bank/Demand Draft of any scheduled bank/Pay order of any scheduled bank

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or Guarantee Bonds of any Scheduled Bank or the State Bank of India in

accordance with the prescribed form.

(ii) In case the time for completion of work gets enlarged, the back-up Consultant

shall get the validity of Performance Guarantee extended to cover such

enlarged time for completion of work After recording of the completion

certificate for the work by the competent authority, the performance

guarantee shall be returned after Defect liability period and obtaining final

GRIHA Certification to the back-up Consultant, without any interest.

(iii) The HITES shall not make a claim under the performance guarantee except

for amounts to which the HITES is entitled under the contract (not

withstanding and/or without prejudice to any other provisions in the

contract agreement) in the event of:

a) Failure by the back-up Consultant to extend the validity of the

Performance Guarantee as described herein above, in which event

the HITES may claim the full amount of the Performance Guarantee.

b) Failure by the back-up Consultant to pay HITES any amount due,

either as agreed by the back-up Consultant or determined under any

of the Clauses/Conditions of the agreement, within 30 days of the

service of notice to this effect by HITES.

(iv) In the event of the contract being determined or rescinded under provision

of any of the Clause/Condition of the agreement, the performance guarantee

shall stand forfeited in full and shall be absolutely at the disposal of the

HITES.

8. FORFEITURE OF PERFORMANCE GUARANTEE

In case The back-up Consultant fails to complete the work, HITES, without

prejudice to rights and remedies available under the contract, shall forfeit and

encash the Performance Guarantee Amount and credit it to HITES.

In case the bank goes in liquidation or for any reason is unable to make payment

against the said Bank Guarantee the loss caused thereby shall be borne by the

back-up Consultant. The back-up Consultant forthwith, on demand from HITES,

shall make good the deficit.

9. SECURITY DEPOSIT

The back-up Consultant whose proposal may be accepted (hereinafter called The

back-up Consultant) shall permit the HITES at the time of making any payment

to him for work done under the contract to deduct a sum at the rate of 5% of the

gross amount of each running bill will amount to Security Deposit of 5% of the

contract value of the work. Such deductions will be made and held by the HITES

by way of Security Deposit unless he/they has/have deposited the amount of

Security at the rate mentioned above.

The security deposit as deducted above can be released against bank guarantee

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issued by a scheduled bank, on its accumulations to a minimum of Rs. 5 lac

subject to the condition that amount of such bank guarantee, except last one,

shall not be less than Rs. 5 lac. Provided, further, that the validity of bank

guarantee shall be upto the completion of the project, i.e., till issuance of

substantial completion to the contractor.

10. DETERMINATION AND RESCISSION OF AGREEMENT

10.1 The HITES without any prejudice to their right against the Consultant in respect

of any delay by notice in writing, may absolutely determine the contract in any of

the following conditions:-

i) If The back-up Consultant, being a firm/company shall pass a resolution or

the court shall make any order that the firm/company shall be wound up

or if a receiver or a manager on behalf of the creditor shall be appointed

or if circumstances shall arise which entitle the court to appoint a receiver

or a manager or which entitles the court to make up a winding order.

ii) If the back-up Consultant commits breach of any of the terms of agreement.

10.2 When The back-up Consultant has made himself liable for action under any of

the clauses aforesaid, the HITES shall have power:

a) To rescind the agreement and forfeited the Performance Guarantee submitted by

the back-up Consultant absolutely.

b) To engage another Consultant to carry out the balance work debiting The back-

up Consultant the extra amount, if any, so spent for getting the balance work

done. This amount would be in addition to the recovery of liquidated damages

under Clauses 6 herein above.

10.3 In any case in which any of the powers conferred upon the HITES under this

clause, shall have become exercisable and the same are not exercised, the non-

exercise thereof shall not constitute a waiver of any of the conditions hereof and

such powers shall notwithstanding be exercisable in the event of any future case of

default by The back-up Consultant and the liability of The back-up Consultant for

compensation shall remain unaffected.

11. SUB-CONTRACTING& SUB-CONSULTANT

11.1 The back-up Consultant shall not subcontract whole of the work. The back-up

Consultant shall not subcontract any part of the work without notifying and

obtaining prior approval from the HITES.

11.2 The back-up Consultant shall indicate the name of sub- consultants for various

services like structural designs and labs designs with their organization details,

qualification and experience of the main personals and shall obtain prior approval

of the HITES before their engagement for the consultancy. Such Sub consultant

approved by HITES shall be associated from the preliminary drawing stage to the

final design work. However, the back-up Consultant shall be fully responsible for

the correctness and accuracy of the designs prepared by sub-consultants and shall

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indemnify the HITES for damage or loss caused due to any negligence of sub-

consultant(s). The copy of the agreement between sub-consultant and The back-up

Consultant shall be submitted to the HITES and in case the fees agreed between

consultant and sub consultant are not paid to the sub-consultant in time as per

agreement between them, the HITES shall have a right to recover the disputed

amount payable to the sub-consultant from The back-up Consultant’s bills and shall

keep the disputed amount in deposit till such time the dispute is resolved.

12. PROOF CHECKING OF STRUCTURAL DESIGNS

The back-up Consultant shall get the design proof checked through any IIT/

institute nominated by the HITES. The back-up Consultant shall carry out

necessary coordination with the Proof Checking agency and carry out any

correction/ modifications as suggested by the said agency. The suggestions of the

proof checking agency shall be binding on the back-up Consultant.

13. PROJECT MONITORING COMMITTEE

The progress of the assignment shall be reviewed by a Project Monitoring

Committee constituted by the HITES/Client. The Project Monitoring Committee

shall be responsible for day to day monitoring of the Project. The Project

Monitoring Committee shall conduct monthly periodic reviews for the

performance of the back-up Consultant and report the same to the HITES. The

back-up Consultant shall comply with the instructions of the committee and the

same shall be bound on him.

14. CONSULTANTS SITE VISITS DURING PLANNING, EXECUTION/COMPLETION

STAGE

The back-up Consultant shall maintain a “Project Team” in his office consisting of

adequate key personnel during the construction phase and render advice to the

HITES and the Implementing Agency as and when called upon.

During planning (pre-construction) the back-up Consultant and his team shall visit

the site as per requirements. Also, during execution and post construction, the back-

up Consultant and his team shall visit as and when required depending upon the

execution of works.

15. QUALITY ASSURANCE

The back-up Consultant shall ensure quality in his work. The documents and

design/ drawings prepared by the back-up Consultant shall correspond to the

best practices w.r.t the required consultancy services.

16. OWNERSHIP OF THE DESIGNS AND DRAWINGS

All copyright and other proprietary rights in the Works shall vest and stand

assigned to HITES and HITES shall consequently own, absolutely and exclusively

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on a worldwide basis, the whole of property, rights, title and interest including

all copyright in the Works, present or future, vested or contingent, generally and

without limitation, for the whole term of the copyright, including the right to

modify and/or make any alterations to the Works and all the above rights shall

not lapse even if such rights are not exercised by HITES during the terms of the

copyright and The back-up Consultant shall be required/ obliged to execute any

deeds/documents, as may be required or considered necessary, by HITES to give

effect to and secure the abovementioned rights of HITES in the Works. For the

purpose of this clause, the term “Works” shall include all “works” covered by the

copyright 1957 including the design, documents prepared by The back-up

Consultant at the inception of, during the course of and until the completion of

the Project and also includes any work created directly or indirectly in the

performance of the obligations of The back-up Consultant in connection with the

Project.

The back-up Consultant shall not use or allow anyone to use these drawings,

designs, documents and software without the prior written permission of the

HITES and any such act without the permission of the HITES shall constitute

violation of Intellectual Property Rights.

All these drawings shall become the property of the HITES and he shall have the

right to use the same anywhere else. In that event, the HITES shall pay a royalty

to the back-up Consultant on mutually acceptable basis. Such drawings and

designs shall not be issued to any other person firm or authority or used by the

back-up Consultant for any other project. No copies of any drawings or

documents shall be issued to anyone except the HITES and/or his authorized

representatives.

17. ADDITIONS AND ALTERATIONS

a. The HITES shall have the right to request in writing for changes, additions,

modifications or deletions in the design and drawings or any part of the work

and to request in writing additional work in connection therewith and The

back-up Consultant shall comply with such request.

b. In the event of changes, alterations are due to Consultant’s own commission

and/or discrepancies including changes required for meeting the requirements

of bye laws & BIS codes and specifications for design of buildings and their

services and due changes required by consultants of all internal, external utilities

and services, The back-up Consultant shall not be compensated for such changes

/ alterations etc. The decision of the HITES shall be final on whether the

deviations and additions are substantial as requiring any compensation to be

paid to the back-up Consultant. However, for the minor modification or

alteration which does not affect the entire design/planning etc., no amount will

be payable.

c. If it is found after call of tenders that the acceptable tender is not within the

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amount sanctioned, The back-up Consultant may be required, if so desired by the

HITES, to make suitable alternative specifications for certain items of work to

bring down the costs so that expenditure do not exceed the Preliminary

Estimate by more than 5%. The back-up Consultant shall not be paid anything

extra for such modification. If the HITES is convinced that the trend of market

rates is such that work cannot be done within the amount of approved estimate,

the back-up Consultant shall submit a revised estimate expeditiously for

obtaining revised approval.

d. The back-up Consultant shall not make any deviations, alterations, additions, to

or omissions from the work shown/described and awarded to the consultant

except through and with proper approval of the HITES in writing.

18. ABANDONMENT OF WORK

a. That if the back-up Consultant abandons the work for any reason whatsoever or

becomes incapacitated from acting as Consultant as aforesaid, the HITES shall

forfeit/ encash the Performance Guarantee and the decision of CEO, HITES shall

be final and binding. The HITES shall be at liberty to make full use of all or any of

the drawings prepared by the Consultant The back-up Consultant shall also be

liable to refund all the fees paid to him up to date plus such damages as may be

assessed by the HITES (Decision of CEO, HITES shall be final and binding)

subject to a maximum of 10% of the total fee payable to The back-up Consultant

under this agreement including the recovery of liquidated damages under clause

No. 6 herein above.

b. Provided, however, that in the event of the termination of the agreement under

proper notice as provided in the contract agreement, The back-up Consultant

shall be liable to refund any excess payment made to him over and above which

is due to him in accordance with the terms of this agreement, for the services

rendered by him till the date of termination of contract agreement.

19. Professional Liabilities / Indemnity Insurance

The back-up Consultant is required to indemnify HITES against losses and

damages incurred by the HITES through the acts of The back-up Consultant and

shall take out and maintain a Professional Indemnity Insurance Policy, for a sum

of equivalent to 25% the total consultancy fee payable to The back-up Consultant

based on estimated cost of the work, as per estimated cost, with a Nationalized

Insurance Company or any other recognized Insurance Company by paying a

requisite premium. The Professional Indemnity Insurance Policy shall be

effective from the date of release of deliverables as at Sl. No. 4.2 above and shall

be valid up to actual completion of work.

20. Guarantee

a. Consultant shall guarantee that the Services as specified/described under the

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scope of work in this Agreement, and technical documents to be developed by

Consultant shall be in accordance with sound and established engineering

practices, using Indian Codes and Regulations and wherever applicable,

International Standards, for the purpose(s) specified, free from defects and

suitable for respective uses intended.

b. The back-up Consultant shall be liable to HITES for the performance of services

in accordance with the provision of this Agreement and for loss suffered by

HITES as a result of default of the back-up Consultant in such performance.

c. The back-up Consultant shall agree to redesign at his cost any portion of his

engineering and design work, which due to his failure to use a reasonable degree

of skill shall be found defective within two years from the date of start of regular

use of the portion of the work affected. The HITES shall grant right of access to

back-up Consultant, of this portion of the work claimed to be defective for

inspection.

d. The HITES may make good the loss by recovery from the dues of the back-up

Consultant in case of failure to comply with the above clause.

21. General

i. The Consultant shall be fully responsible for the technical soundness of

the work including those of specialists engaged if any, by him and also

ensure that the work is carried out generally in accordance with drawings,

specifications and his conception. Any deviations, if noticed by the back-up

Consultant, should be brought to the notice of the Project-in-Charge

immediately.

ii. The HITES will have the work of Consultant and/or his sub-consultants

supervised/inspected at any time by any officer, check estimates and

designs.

iii. The back-up Consultant shall be responsible for designs of structures and

all provisions/ services of the work entrusted to him so as to satisfy the BIS

& other Design standards/ requirements.

iv. The back-up Consultant hereby agrees that the fee to be paid as provided

herein, in the contract agreement, will be in full discharge of functions to be

performed by him and no claim whatsoever shall be made against the

HITES in respect of any proprietary rights or copy right on the part of any

other party relating to plans, models and drawings.

v. The back-up Consultants shall indemnify and keep indemnified the HITES

against any such claims and against all costs and expenses paid by the

HITES in defending himself against such claims.

vi. The back-up Consultant hereby agrees that the HITES shall have the right to

take out any of the activities, which in the opinion of the HITES is not being

performed by The back-up Consultant with due diligence, and within the

agreed time schedule, and which can be performed independently. The fees

or the expenses incurred shall be debited to the back-up Consultant.

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vii. Maintenance of Record: The back-up Consultant is required to maintain all

records related to the project for a minimum period of 4 years after the

issuance of Certificate of Virtual Completion.

22. Arbitration

All disputes or differences whatsoever arising between the parties to this

contract shall be settled by arbitration. Claims / counter claims to be arbitrated

upon shall be referred to a sole Arbitrator, to be appointed by the CEO, HITES

Ltd. The award made in pursuance thereof shall be binding on both the parties.

Such arbitration shall be governed by the Indian Arbitration and Conciliation Act

1996.

It is hereby further agreed between the parties that the stamp duty payable

under the law in respect of this agreement shall be borne by the back-up

Consultant.

Any clarifications, amendments issued before the last date of submission of the

bids, letters of negotiations with successful consultant and the LOA, etc. deemed

to form and be read in conjunction with this agreement and construed as part of

this agreement

In witness whereof the parties hereto have set their hands and seals the-----------

day of ---------------------------------- above written.

For and on behalf of The back-up Consultant

For and on behalf of the HITES

Signature of the authorized official Signature of the authorized official

Name of the official Name of the official

Stamp/Seal of The back-up Consultant

Stamp/Seal

SIGNED, SEALED AND DELIVERED

By the said

________________________Name ___________________

on behalf of The back-up Consultant in the

presence of:

Witness _________________

Name ___________________

Address__________________

________________________

By the said

_________________________ Name ____________________

on behalf of the HITES in the presence of:

Witness _________________

Name ____________________

Address___________________

_________________________

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Annexure -1 Checklist

CHECK LIST OF DOCUMENTS TO BE SUBMITTED WITH THE BID

TECHNICAL PACKAGE – Hardcopy and Online

Sl. No. Name of Document Mode of

submission 1. Non–refundable Demand Draft of Rs. 5900/- (Rs. Five

Thousand Nine Hundred only) inclusive of GST as Processing Fee, in favour of “HLL Infra Tech Services Limited” payable at Noida /Delhi

In Original in Envelope No. 1

& submit Scanned Copy

Online 2. Bid Security / EMD in favour of “HLL Infra Tech Services

Limited” payable at Noida / Delhi 3. Form of Bid duly signed and filled as per format enclosed.

In Original in Envelope No. 2

& submit Scanned Copy

Online

4. HITES/ HLL Lifecare Ltd. Empanelment Letter/ Letter of Award/

Intimation giving information of getting Technically Qualified.

5. GST Registration/ In case the firm is not registered at the time of submission of bid, they will submit an undertaking that they will get themselves registered with the concerned authorities in case they are awarded the work.

6. Power of Attorney in favour of person signing the Bid on a Non-judicial stamp paper of appropriate value.

7. Signed RFP Document

FINANCIAL PACKAGE: Online

Sl. No. Name of Document Mode of

submission 1. Digitally signed bid / Price Bid (Bill of Quantities – Volume-V) Online only

Notes:

1. All Forms are provided at the end of Volume-I

2. All documents shall be uploaded in PDF format only.

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FORM OF BID/ RFP

Note: i. The Appendix forms part of the RFP

ii. Applicant(s) are required to fill up all the blank spaces in this form of Tender

and Appendix.

To

Vice President (ID)

HLL INFRA TECH SERVICES Ltd.,

B-14A, Sector – 62

Noida – 201307 (U.P)

Having examined the Terms of Reference and the terms of the Architectural &

Engineering Consultancy attached thereto and the RFP for “Providing Comprehensive

Architectural & Engineering Services for the Construction of Advanced Mother &

Child Centre (Phase-I) At PGIMER, Chandigarh, I / We the undersigned offer to

provide comprehensive Architectural & Engineering Consultancy Services in conformity

with the Terms of Reference, fixed fee as proposed and its stage payment structure and

the terms & conditions of the Architectural & Engineering Consultancy Contract

attached thereto.

1. I / We undertake, if our Offer is accepted, I / We shall commence the work

immediately on receipt of Letter of Award and to complete the whole of the

Work comprised in the Contract within the Time Schedules mentioned

therein from the date of issue of the Letter of Award.

2. If my / our Offer is accepted, I / we will furnish a Bank Guarantee for

Performance as security for the due performance of the Contract @ of 5% of

the contract amount as detailed in Form-C.

3. I / We agree to abide by this Offer for a minimum period of 90 days from the

last date fixed for receiving the same and it shall remain binding upon us and

offer may be accepted at any time before the expiry this period or any extended

period mutually agreed to.

4. I / We declare and confirm that no agent, middleman or any intermediary has

been, or will be engaged to provide any services, related to the award of this

Contract. I / We further confirm and declare that no agency commission or any

payment, which may be construed as an agency, commission has been, or will

be, paid and that the offer price does not include any such amount. I / We

acknowledge the right of HITES that if it finds our declaration to the contrary, it

can declare our Offer to be non-compliant and if the Contract has been

awarded to us then declare the same as null and void.

5. If my / our Offer is accepted I / we understand that I /we, am / are to be held

solely responsible for the due performance of the Contract.

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Dated this…………day of…………2018

Signature …………………………………

Name………………..……………… in the capacity of …………………………..

duly authorized to sign documents for and on behalf of…………..…………………

Address ……………………………………………………………………..………..

Witness ………………………………

Signature …………………………….

Name ……………………………………………..

Address ………………………………………………………………………………

Occupation ……………………………………………………………………………

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FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK

In consideration of M/s HLL Infra Tech Services Limited, B-14-A, Sector-62, Noida -201307,

(herein after called HITES) , having offered to accept the terms and conditions of the proposed

agreement between HITES (which expressions shall include his success and assigns) and M/s

_______________ _____________________ (hereinafter referred to as “the said Consultant (s)”, which

expression shall include his successor and assignees) for the work of

“_____________________________________________ ________________________” a Contract No _____________in terms

inter alia, of the ______ Letter No._ _____________ dated__________ and the General Conditions of

Contract and upon the condition of The back-up Consultant's furnishing Security for the

performance of The back-up Consultant's obligations and discharge of The back-up

Consultant's liability under and in connection with the said Contract upto a sum of Rs.

______________________ (Rupees ___________________only) amounting to ________percent of the total

Contract value.

1. We,___________________________(hereinafter called `The Bank' which expression shall include its

successors and assignees) hereby jointly and severally undertake to guarantee the payment

to the HITES in rupees forthwith on demand in writing and without protest or demur or

any and all moneys payable by The back-up Consultant to the HITES in respect of or in

connection with the said Contract inclusive of all the HITES's losses and damages and costs,

(inclusive between attorney and client) charges and expenses and other moneys payable in

respect of the above as specified in any notice of demand made by the HITES to the Bank

with reference to this guarantee upto an aggregate limit of Rs.______________(Rupees

___________________ only).

2. We_______________________ Bank Ltd. further agree that the HITES shall be sole judge of and as

to whether the said Consultant has committed any breach or breaches of any of the terms

and conditions of the said Contract and the extent of loss, damage, cost, charges and

expenses caused to or suffered by or that may be caused to or suffered by the HITES on

account thereof and the decision of the HITES that the said Consultant has committed such

breach or breaches and as to the amount or amounts of loss, damage, costs, charges and

expenses caused to or suffered by the HITES from time to time shall be final and binding on

us.

3. The HITES shall be at liberty without reference to the Bank and without affecting the full

liability of the Bank hereunder to take any other Security in respect of The back-up

Consultant's obligations and liabilities hereunder or to vary the Contract or the work to be

done there under vis-a-vis The back-up Consultant or to grant time or indulgence to The

back-up Consultant or to reduce or to increase or otherwise vary the prices of the total

Contract value or to release or to forbear from enforcement of all or any of the Security

and/or any other Security(ies) now or hereafter held by The HITES and no such dealing(s)

reduction(s) increase(s) or other indulgence(s) or arrangements with The back-up

Consultant or release or forbearance whatsoever shall absolve the bank of the full liability

to the HITES hereunder or prejudice the rights of the HITES against the bank.

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4. This guarantee shall not be determined or affected by the liquidation or winding up,

dissolution, or change of constitution or insolvency of The back-up Consultant but shall in

all respects and for all purposes be binding and operative until payment of all monies

payable to the HITES in terms thereof.

5. The bank hereby waives all rights at any time inconsistent with the terms of this guarantee

and the obligations of the Bank in terms hereof shall not be anywise affected or suspended

by reason of any dispute or disputes having been raised by The back-up Consultant

stopping or preventing or purporting to stop or prevent any payment by the Bank to the

HITES in terms hereof.

6. The amount stated in any notice of demand addressed by the HITES to the Bank as liable to

be paid to the HITES by The back-up Consultant or as suffered or incurred by the HITES on

account of any losses or damages or costs, charges and/or expenses shall be conclusive

evidence of the amount so liable to be paid to the HITES or suffered or incurred by the

HITES as the case may be and shall be payable by the Bank to The HITES in terms hereof.

7. This guarantee shall be a continuing guarantee and shall remain valid and irrevocable for all

claims of the HITES and liabilities of the back-up Consultant arising upto and until midnight

of________________________.

8. This guarantee is valid till _______________(date to be mentioned) (completion period

and defect liability period plus Sixty days beyond defect liability period or the

extended period, thereof)

9. This guarantee shall be in addition to any other guarantee or Security whatsoever that the

HITES may now or at any time anywise may have in relation to The back-up Consultant's

obligations/or liabilities under and/or in connection with the said Contract, and the HITES

shall have full authority to have recourse to or enforce this Security in preference to any

other guarantee or Security which the HITES may have or obtain and no forbearance on the

part of the HITES in enforcing or requiring enforcement of any other Security shall have the

effect of releasing the Bank from its full liability hereunder.

10. It shall not be necessary for the HITES to proceed against the said Consultant before

proceeding against the Bank and the Guarantee herein contained shall be enforceable

against the Bank notwithstanding that any Security which The HITES may have obtained or

obtain from The back-up Consultant shall at the time when proceedings are taken against

the said bank hereunder be outstanding or unrealised.

11. We, the said Bank undertake not to revoke this guarantee during its currency except with

the consent of the HITES in writing and agree that any change in the constitution of the said

Consultant or the said bank shall not discharge our liability hereunder.

12. We___________________ the said Bank further that we shall pay forthwith the amount stated in

the notice of demand notwithstanding any dispute/difference pending between the parties

before the arbitrator and/or that any dispute is being referred to arbitration.

13. Notwithstanding anything contained herein above, our liability under this guarantee shall

be restricted to Rs.________________ (Rupees________ _________________) and this guarantee shall

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remain in force till___________________ and unless a claim is made on us within 3 months from

that date, that is before ______________ all the claims under this guarantee shall be forfeited

and we shall be relieved of and discharged from our liabilities there under.

In witness whereof I/We of the Bank have signed and sealed this guarantee on the

____________________day of________________2018 being herewith duly authorized.

For and on behalf of

The………………………….Bank.

Signature of Authorized Bank official

Name…………………………………………….:…………………………..

Designation……………………………………...:...…………………………

Stamp/Seal of the Bank: ………..

Signed, sealed and delivered

for and on behalf of the

Bank by the above

Named___________in

The presence of:

Witness 1. Witness 2.

Signature ……………………… Signature ……………………….

Name ………………………….. Name ……………………………

Address ……………………….. Address …………………………

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FORMAT FOR EMD/ BID SECURITY BANK GUARANTEE

(To cover payment of Bid Security and Conditions of Contract)

(On a stamp paper of appropriate value from any Nationalised Bank or Scheduled Bank)

To

-------------------

---------------------

-----------------------

Dear Sir,

In consideration of your agreeing to accept Bank Guarantee for Rs. .........................

(Rupees ......................................................................................................... ) in lieu of payment from

M/s ...................................................................................... having its /their registered office at

........................................................................................(hereinafter called the Consultant) towards

Bid Security in respect of your Tender no. ..................................................................... calling for

Tender for ....................................at ............................................................ and for due fulfilment of

the terms and conditions of the said Tender, we hereby undertake and agree to

indemnify and keep you indemnified to the extent of Rs ................................. (Rupees

.................................................................................).

In the event of any loss or damages, costs, charges or expenses caused to or suffered by

you by reason of any breach or non-observance on the part of the Consultant of any

terms and conditions of the said Tender, we shall on demand and without cavil or

argument, and without reference to the Consultant, irrevocably and unconditionally pay

you in full satisfaction of your demand the amounts claimed by you, provided that our

liability under this guarantee shall not at any time exceed Rs .....................................(Rupees

.................................................................................).

This guarantee herein contained shall remain in full force and till you finalise the

Tender and select the Tender as per your choice and it shall in the event of the said

Consultant being selected and entrusted with the said work, continue to be enforceable

till the said Consultant executes the Agreement with you and commences the work as

stipulated under the terms and conditions of the said Tender have been fully and

properly carried out by the said Consultant and accordingly discharges the guarantee.

We also agree that your decision as to whether the Consultant has committed any

breach or non-observance of the terms and conditions of the said Tender shall be final

and binding on us.

We undertake to pay The back-up Consultant any money so demanded by The back-up

Consultant not withstanding any dispute or disputes raised by The back-up

Consultant(s) in any suit or proceedings pending before any Court or Tribunal relating

thereto, our liability under this present being absolute and equivocal.

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The payment so made by us under this bond shall be a valid discharge of our liability for

payment there under and the back-up Consultant(s) shall have no claim against us for

making such a payment.

This guarantee shall continue to be in full force and effect for a period of 120 days from

the date of submission of Bid. Notwithstanding the above limitations, we shall honour

and discharge the claims preferred by you within thirty days of expiry of this guarantee.

We shall not revoke this guarantee during its currency except with your previous

consent in writing. This guarantee shall not be affected by any change in Constitution of

our bank or of the Consultant firm. Your neglect or forbearance in the enforcement of

the payment of any money, the payment whereof is intended to be hereby secured or

the giving of time for the payment hereto shall in no way relieve us our liability under

this guarantee.

Dated this ..................... day of ...................

Yours faithfully,

For and on behalf of

The………………………….Bank.

Signature of authorized bank official

Name: ……………………………..

Designation: …………………………...…

Stamp/Seal of the Bank: …………………….………..

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CONTRACT AGREEMENT

This agreement made on this __________________________ day of ________ Two Thousand

Eighteen between HITES Limited, B-14A, Sector-62, Noida(U.P.) (hereinafter referred

to as HITES) which expression unless excluded by or repugnant to the context shall

include their successors and assignees of the part and

M/s._________________________________________________ having their Registered Office at

________________________________________ (Hereinafter referred to as Consultant) which

expression unless excluded by or repugnant to the context, shall include their

successors and assignees of the other part.

Whereas HITES, on behalf of Government of Chandigarh “Providing Comprehensive

Architectural Consultancy Services, as Backup Consultant to HITES, for the Construction

of Advanced Mother & Child Centre (Phase-I) At PGIMER, Chandigarh in accordance

with the general requirements and conditions hereinafter appearing and whereas The

back-up Consultant has agreed to perform the same.

Whereas the work has been awarded to M/s ______________________________ vide letter of

Award No. ______________________ dated_____________.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this agreement words and expression shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred

to.

2. The following documents shall be deemed to form and be read in conjunction

with this agreement and construed as part of this agreement:-

i. Part I: Technical Bid

Section I : Notice Inviting Bid (NIB)

Section II : Instructions to Applicant (Including Annexure)

Section III : Terms & Conditions of Contract

ii. Part II: Financial Bid

Section IV : Financial Bid

iii. Amendments/Clarifications:

All Amendments/Corrigendum and clarifications issued, if any, before the

last date of receipt and opening of the bids.

3. In consideration of the payments to be made by HITES to The back-up Consultant

as hereinafter mentioned, The back-up Consultant hereby covenants with HITES

to execute and complete the Project by ________ (stipulated date of completion).

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4. HITES hereby covenants to pay the back-up Consultant in consideration of

Providing Comprehensive Architectural Consultancy Services.

5. Providing Comprehensive Architectural Consultancy Services, as Backup

Consultant to HITES, for the Construction of Advance Mother and Child

Center at PGIMER, Chandigarh to HITES at a total Consultancy Fees ------- ---

-------, covering the scope of work including civil works, electrical works, PHE,

HVAC, Lifts, FF, etc., subject to the rendering timely and satisfactory services

stated in the Letter of Award subject to such additions thereto or deductions

there from as may be made under the provisions of the Contract at the times and

in the manner prescribed by the Contract.

6. Obligation of The back-up Consultant

The back-up Consultant shall ensure full compliance of all the central/state

Government tax laws with regard to this Contract and shall be solely responsible

for the same. The back-up Consultant shall fully indemnify HITES for any liability

of tax (including GST), interest, and penalty etc. arising out of this Contract or in

respect thereof.

IN WITNESS WHEREOF the parties hereto have caused their respective common seals

to be hereunto affixed / (or have hereunto set their respective hands and seals) the day

and year first above written.

For and on behalf of The back-up

Consultant

For and on behalf of HITES”

Signature of the authorized official Signature of the authorized official

Name of the official Name of the official

Stamp/ Seal of The back-up

Consultant

Stamp/ Seal

SIGNED, SEALED AND DELIVERED

Witnesses:-

By the said

________________________ Name ___________________

on behalf of The back-up Consultant in the

presence of:

Witness _________________

Name ___________________

Address__________________

_______________________

By the said

_________________________ Name

____________________

on behalf of HITES in the presence of:

Witness _________________

Name ____________________

Address___________________

Note: - Any clarifications, amendments issued before the last date of submission of the

bids, letters of negotiations with successful consultant and the LOA, etc. deemed to form

and be read in conjunction with this agreement and construed as part of this agreement.

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FORMAT FOR POWER OF ATTORNEY FOR AUTHORIZED SIGNATORY

(On a duly notarized non judicial stamp paper of appropriate value)

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF PROPOSAL

Know all men by these presents, we ……………………………………………. (Name of the

Tenderer and address of their registered office) do hereby constitute, appoint and

authorize Mr / Ms………………………………(name and residential address of Power of

Attorney holder) who is presently employed with us and holding the position of

……………………………………………………………….………. as our attorney, to do in our name

and on our behalf, all such acts, deeds and things necessary in connection with or

incidental to our Bid for the Project and submission of all documents and providing

information / responses to ______ _______, representing us in all matters before ______

______, and generally dealing with ______ ______ in all matters in connection with our

proposal for the said Project. His/ Her three specimen signatures are as given

below:

……………………. ………………………….. ………….………….

We hereby agree to ratify all acts, deeds and things lawfully done by our said

attorney pursuant to this Power of Attorney and that all acts, deeds and things done

by our aforesaid attorney shall and shall always be deemed to have been done by us.

In witness whereof Mr / Ms …………………………………… of the company /

firm/Proprietorships acting for and on behalf of company/ firm/Proprietorships has

signed this power of attorney at………………………………….. on this ……………… 2018.

_________________________________________________

Signed by Director/ Head/ Proprietor of the Firm