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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
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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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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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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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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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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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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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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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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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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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