Professional Documents
Culture Documents
The filled-in Expression of Interest document should reach the office of the Engineer-in-Chief, GHMC, Hyderabad on
or before 03.08.2009 by 4.00 P.M. For further details visit the Website: www.ghmc.gov.in Telefax No: 040-23225267.
Sd/-
Dr. P.Panduranga Rao, M.E., PhD.
Engineer-in-Chief, GHMC,
// Forwarded By Order //
COUNCIL HALL CUM OFFICE COMPLEX AT GHMC LAND IN LOWER TANK BUND ROAD
Greater Hyderabad Municipal Corporation (GHMC), invites Expression of Interest with Proposed
Concept plan from reputed consultants with proven track record under International Competitive bidding
with two cover system for “PREPARATION OF CONCEPT PLAN AND DETAILED PROJECT REPORT,
DESIGNS AND PLANS WITH GREEN BUILDING CONCEPT, PROJECT MANAGEMENT AND QUALITY
CONTROL FOR CONSTRUCTION OF COUNCIL HALL CUM OFFICE COMPLEX AT GHMC LAND IN
LOWER TANK BUND ROAD” as per the terms and conditions laid down in the Request for proposal (RFP)
Document.
The estimate cost of the work of “Construction of Council Hall cum Office Complex at GHMC land in Lower
Tank bund road” is about Rs.50.00 Crores approximately.
The Executive Engineer, Project Division –IV, GHMC (Mobile No. 98499-06746) can be contacted for
visiting the site with prior intimation. Interested parties can download the ‘Expression of Interest’ Document
from 17.07.2009 onwards from the Website: www.ghmc.gov.in and furnish a non refundable documentation
charges amounting to Rs.1,00,000/- (one lakh) in the form of Demand Draft drawn on any Indian National
Bank/Indian Branch of foreign Bank in favour of “The Commissioner & Special Officer, GHMC” payable at
Hyderabad and Sales tax component amounting to Rs12,500/- separately in the shape of Demand Draft in
favour of “the Commercial Tax Officer, Basheerbagh, Hyderabad” along with EOI Document at the time
of submission. The filled-in Expression of Interest document should reach the office of the Engineer-in-Chief,
GHMC, Hyderabad on or before 03.08.2009 by 4.00 P.M.
Sd/-
Dr. P.Panduranga Rao, M.E., PhD.
Engineer-in-Chief, GHMC,
CONSULTANT 1 Engineer-In-Chief,
GHMC
C
Consultancy Services for preparation of Concept plan and detailed project report, designs
and plans with Green Building concept, Project Management and Quality Control for
Construction of Council Hall cum Office Complex in 15 floors including provision for
parking in 3 floors at GHMC land in Lower Tank bund road.
CONSULTANT 2 Engineer-In-Chief,
GHMC
SECTION – 1
LETTER OF INVITATION
Sub: Consultancy Services for preparation of Concept plan and detailed project report,
designs and plans with Green Building concept, Project Management and Quality
Control for Construction of Council Hall cum Office Complex in 15 floors including
provision for parking in 3 floors at GHMC land in Lower Tank bund road.
1.2. A brief description of the assignment and its objectives are given in the enclosed Terms
of reference (Section 6). The Consultant will be responsible for the “Consultancy Services
for preparation of Concept plan and detailed project report, designs and plans with
Green Building concept, Project Management and Quality Control for Construction of
Council Hall cum Office Complex in 15 floors including provision for parking in 3
floors at GHMC land in Lower Tank bund road”.
1.3. For submission, evaluation and selection of Consultant a “two stage” process has been
planned. The proposal should be submitted in two parts in two separate envelopes/packages and
put together in one single outer envelope/package.
The two parts of the proposal are
(i) Part 1: Firm’s credentials and Technical proposal and
(ii) Part 2: Financial Proposal.
Part 1 of the proposal would be first opened and evaluated in two stages and the firms scoring
minimum qualifying marks as mentioned in RFP would be considered for further evaluation.
The ‘Part 2’ (Financial Proposal) of only those firms, who fulfill minimum eligibility criteria
prescribed for Firm’s Credentials and score qualifying marks in the ‘Part 1’ would be opened and
evaluated. The final selection of the firm would be based on combined score of ‘Part 1’
(Technical Score) and ‘Part 2’ (Financial Score). The weightage to technical and financial Score
would be 70% & 30% respectively.
1.4. Documentation Charge:- The bidder is required to pay a non refundable documentation
Charge amounting to Rs1,00,000/- (Rupees one lakh Only) in the form of Demand Draft drawn
on any Indian National Bank/ Indian branch of foreign bank in favour of “The Commissioner
and Special Officer, GHMC” payable at Hyderabad, India, and shall be furnished in a separate
cover while submitting the proposal. ‘Request for Proposal (RFP)’ document can be down loaded
from GHMC website at www.ghmc.gov.in
1.5. GHMC shall not be responsible for any delay in receiving the Proposal and reserves the right
to accept/reject any or all applications without assigning any reason thereof.
CONSULTANT 3 Engineer-In-Chief,
GHMC
1.6. The two parts of the Proposal (Part 1: Firm’s Credential & Technical Proposal and Part 2:
Financial Proposal) must be submitted in a hard bound form (hard bound implies binding
between two covers through stitching or otherwise whereby it may not be possible to replace any
paper without disturbing the documents. Spiral bound form, loose form, etc. will be not accepted)
with all pages numbered serially, along with an index of submission. All figures quoted in the
financial proposal should be covered with a transparent adhesive tape. In the event, any of the
instructions mentioned herein have not been adhered to, GHMC will reject the proposal.
A firm either individually or in Joint Venture may apply. In case of Joint venture,
maximum two firms (including lead partner) are permitted. The proposal either in
association or in sub consultancy is not allowed.
Sealed proposals should reach GHMC the address given below in the manner specified in
RFP by 4.00 PM on 03.08.2009
CONSULTANT 4 Engineer-In-Chief,
GHMC
SECTION 2
INFORMATION TO CONSULTANTS
2.1. INTRODUCTION
Definitions
(a) “Client” means Greater Hyderabad Municipal Corporation
(b) “Consultant” means any entity or person that may provide or provides the Services to the
Client under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents , that is
the General Conditions (GC), the Special Conditions (SC), and the Appendices.
(d) “Data Sheet” means such part of the Instructions to Consultants used to reflect specific
assignment conditions.
(e) “Day” means calendar day.
(f) “GOAP” means the Government of Andhra Pradesh.
(g) “GOI” means the Government of India.
(h) “GHMC” means Greater Hyderabad Municipal Corporation.
(i) “Information to Consultants” (Section 2 of the RFP) means the document which provides
Consultants with all information needed to prepare their Proposals.
(j) “LOI” (Section 1 of the RFP) means the Letter of Invitation being issued by the Client to the
Consultants.
(k) “Personnel” means professionals and support staff provided by the Consultant and assigned to
perform the Services or any part thereof; “Foreign Personnel ”means such professionals and
support staff who at the time of being so provided had their domicile outside the Government’s
country; “Local Personnel” means such professionals and support staff who at the time of being
so provided had their domicile inside the Government’s country.
(l) “Proposal” means the Part 1: Firm’s Credentials & Technical Proposal and Part 2 : Financial
Proposal.
(m) “RFP” means the Request for Proposal prepared by the Client for the selection of
Consultants.
(n) “Services” means the work to be performed by the Consultant pursuant to the Contract.
(o) “Terms of Reference” (TOR) means the document included in the RFP as Section 5 which
explains the objectives, scope of work, activities, tasks to be performed, respective
responsibilities of the Client and the Consultant, and expected results and deliverables of the
assignment.
2.1.1 The Client named in the “Data Sheet” will select a firm among those invited as per the
Letter of Invitation in accordance with the method of selection indicated in the Data Sheet.
The proposal will be basis for contract negotiations and ultimately signature of a contract with the
selected firm.
2.1.3 The Consultants should familiarize themselves with local conditions and take them into
account in preparing their Proposals. To obtain first hand information on the Assignment and on
the local conditions, consultants are encouraged to pay a visit to the Client before submitting a
Proposal, and to attend a pre-proposal conference if one is specified in the Data Sheet. Attending
the pre-proposal conference is optimal. The Consultant’s representative should contact the
officials named in the Data sheet to arrange for their visit or to obtain additional information on
the pre-proposed conference. Consultants should ensure that these officials are advised of the
visit in adequate time to allow them to make appropriate arrangements.
CONSULTANT 5 Engineer-In-Chief,
GHMC
2.1.4 The Client will provide the inputs specified in the Data Sheet, assist the firm in obtaining
licenses and permits needed to carry out the services, and make available relevant project and
data reports at no cost to the consultants.
2.1.5 Consultants shall bear all costs associated with the preparation and submission of their
proposals and contract negotiation. The Client is not bound to accept any proposal, and reserves
the right to annul the selection process at any time prior to Contract award, without thereby
incurring any liability to the Consultants.
2.1.6 The client requires that consultants provide professional, objective, and impartial advice
and at all times hold the Client’s interest paramount, without any consideration for future work,
and strictly avoid conflicts with other assignments or their own corporate interests.
2.1.6.1 A Consultant (including its Personnel) or any of its affiliates shall not be hired for any
assignment that, by its nature, may be in conflict with another assignment of the Consultant to be
executed for the same or for another Client. For example, a Consultant hired to prepare
engineering design for an infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project.
2.1.6.2 A Consultant (including its Personnel) that has a business or family relationship with a
member of the Client’s staff who is directly or indirectly involved in any part of (i) the
preparation of the Terms of Reference of the assignment, (ii) the selection process for such
assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the
conflict stemming from this relationship has been resolved in a manner acceptable to the client
throughout the selection process and the execution of the Contract.
2.1.6.3 Consultants have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the disqualification
of the Consultant or the termination of its Contract.
2.1.6.4 If a Consultant could derive a competitive advantage from having provided consulting
services related to the assignment in question, the Client shall make available to all Consultants
together with this RFP all information that would in that respect give such Consultant any
competitive advantage over competing Consultants.
2. 1.7 It is the GHMC’s policy that the consultants under domestic funded contracts observes the
highest standard of ethics during the selection and execution of such contracts. In pursuance of
this policy, the GHMC.
(a) defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence the action of a public official in the selection process or in contract
execution;
(ii) “Fraudulent Practice” means a misrepresentation or omission of facts in order to influence a
selection process or the execution of a contract;
(iii) “Collusive practices” means a scheme or arrangement between two or more consultants with
or without the knowledge of the Client, designed to establish prices at artificial, noncompetitive
levels;
(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in a procurement process, or affect the execution of
a contract.
(b) will reject a proposal for award if it determines that the Consultant recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in
competing for the contract in question;
CONSULTANT 6 Engineer-In-Chief,
GHMC
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
domestic financed contract if it at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a domestic financed contract; and
(d) Will have the right to require that, in domestic financed contract, a provision be included
requiring consultants to permit the GHMC to inspect their accounts and records relating to the
performance of the contract and to have them audited by authorized representatives of GHMC.
2.1.8 Consultants shall not be under a declaration of ineligibility for corrupt and fraudulent
practices. Furthermore, the Consultants shall be aware of the provisions on fraud and corruption
stated in the specific clauses in the General Conditions of Contract.
2.1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and during execution of the assignment if the Consultant is
awarded the Contract, if requested in the Financial Proposal submission form (Section 4).
2.1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the
submission date. During this period, Consultants shall maintain the availability of Professional
staff nominated in the Proposal. The Client will make its best effort to complete negotiations
within this period. Should the need arise, the Client may request Consultants to extend the
validity period of their proposals. Consultants who agree to such extension shall confirm that they
maintain the availability of the Professional staff nominated in the Proposal, or in their
confirmation of extension of validity of the Proposal, Consultants could submit new staff in
replacement, which would be considered in the final evaluation for contract award. Consultants
who do not agree have the right to refuse to extend the validity of their Proposals.
2.1.11.2 In case a Joint Venture of firms, the proposal shall be accompanied by a certified
copy of legally binding Memorandum of Understanding (MOU), signed by all firms to the
joint venture confirming the following therein:
CONSULTANT 7 Engineer-In-Chief,
GHMC
The duties & responsibilities and powers of such lead firm shall be specifically included in the
MOU / agreement. It is expected that the lead partner would be authorized to incur liabilities and
to receive instructions and payments for and on behalf of the Joint Venture.
2.1.11.4 A firm can bid for a project either as a sole consultant or in the form of joint venture
with other consultant with any other consultant. However, alternative proposals i.e. one as sole or in JV
with other consultant and another in JV with any other consultant will be summarily rejected. In such
cases, all the involved proposals shall be rejected.
2.2.2 At any time before the submission of Proposals, the Client may for any reason, whether at
its own initiative or in response to a clarification requested by an invited firm, modify the RFP
documents by amendment. Any amendment shall be issued in writing through addenda. Addenda shall
be sent by mail, cable, telex, facsimile or electronic mail to all invited consultants and will be binding
on them. The Client may at its discretion extend the deadline for the submission of Proposals.
2.3 DOCUMENTS
2.3.1 To enable you to prepare a proposal, please find and use the attached Documents listed in
the Data Sheet.
2.4. PREPARATION OF PROPOSAL
2.4.1 Consultants are requested to submit the proposal written in languages specified in the Data
Sheet.
2.4.2 The proposal should be submitted in the following 2 covers:
(i) Firm’s Credentials & Technical Proposal (Part 1)
(ii) Financial Proposal (Part 2)
2.4.3 FIRM’S CREDENTIALS & TECHNICAL PROPOSAL
2.4.3.1 FIRM’S CREDENTIALS
Following documents must be furnished in support of ‘Firm’s Credentials’ as per format in Form
II of Section 3 :
(i) A brief description of the Consultant’s organization and an outline of recent experience of the
Consultant and in case of Joint Venture for each partner, on assignments offering Architectural a
CONSULTANT 8 Engineer-In-Chief,
GHMC
structural service of Consultancy services for Construction of Commercial residential and
Institutional Buildings for the last five (5) years is required with fast track using pre cast technology
construction methods.
(ii) Firm’s turnover for the last 5 years, certified copy of the audit report may be furnished in
support of the details.
(iii) Key persons employed by the firm may be furnished.
(iv) The firm should have designed at least one completed building with gross built up area of
2 lakhs sft and height over 40mts in last five years as per Green Building concept gold/platinum
rating as its equivalent using fast track pre cast technology construction methods. The firm
should have carried out consultancy services not less than Rs.1.00 Crore of similar nature of
work in any one year during last 5 years.
2.4.3.1.2 The experience certificate from clients (certificate should indicate substantial
completion i.e. at least 90% completion) in support of having successfully designed/supervised
Construction of Commercial residential and Institutional Buildings of 2.00 lakh sft area as specified
above for the project size preferably in terrain of similar nature as that of proposed project. Certificate
should indicate clearly the firms Design/Proof Consultancy or Supervision Consultancy in
multistoried buildings. Scope of services rendered by the firm should be clearly indicated in the
certificate obtained from the client.
2.4.3.1.3 The minimum essential requirement in respect of Firm’s Credentials has been indicated
above. The proposal not meeting these requirements will not be considered for further
evaluation.
2.4.3.2.1 In preparing in Technical Proposal consultants are expected to examine the documents
comprising this RFP in detail. Material deficiencies in providing the information requested may
result in rejection of Proposal.
2.4.3.2.2 Under the Technical Proposal, the CVs of the key personnel in the prescribed format as
per Section 4 have to be furnished. It may please be ensured that the format is strictly followed and
the information furnished therein is true and correct. The CV must indicate the work in hand and the
duration till which the person will be required to be engaged in that assignment.
2.4.3.2.3 During preparation of the technical proposal, you must give particular attention to the
following:
i. Total assignment period is as indicated in the enclosed TOR. A manning schedule in respect of
requirement of key personnel be should furnished in the Technical Proposal which shall be the basis
of the Financial proposal. However, your own assessment of support personnel both technical and
administrative may be made to undertake the assignment. Additional support and administrative staff
need to be provided for timely completion of the project within the total estimated cost. It is stressed
that the time period for the assignment indicated in the TOR should be strictly adhered to.
ii. No alternative to key personnel may be proposed and only one CV may be submitted for each
position in the format given at Section 4. The minimum requirements of Qualification and Experience
of all key personnel are listed in para 6.5 of Section 6.
iii. The availability of key personnel must be ensured at site during the period as per the manning
schedule approved during negotiation. The replacement for Team Leader cum Sr. Engineer, Architect
Design Engineer and Structural Engineer is not allowed except in exceptional cases like death or
extreme medical grounds.
iv. The proof of age and qualification of the key personnel must be furnished in the Technical
Proposal.
v. An undertaking from the key personnel must be furnished that he/she will be available for
entire duration of the project assignment and will not engage himself/herself in any other
assignment during the currency of his/her assignment on the project. After the award of work, in
CONSULTANT 9 Engineer-In-Chief,
GHMC
case of non availability of key personnel in spite of his/her declaration, he/she shall be debarred
for a period of two years for all projects of GHMC.
vi. Age limit for supporting staff to be deployed on project is 60 years.
vii. A good working knowledge of English Language is essential for key professional staff on this
assignment. Study reports must be in ENGLISH Language.
2.4.3.2.4 The Technical Proposal must include the following information using but not limited to
the formats attached in Section 4.
i. The composition of the proposed Team and Task Assignment to individual personnel with
duration.
ii. Original Curriculum Vitae (CV) need to be recently signed in ink by the proposed key
professional staff and also by an authorized official of the Firm and each page of the CV must be
signed. The key information shall be as per the format. Photocopy or unsigned CVs shall be
rejected.
iii. Proposed work programme and methodology for the execution of the services illustrated with
bar charts of activities, including survey equipment and procedure, any change proposed in the
methodology of services indicated in the TOR, and procedure for quality assurance.
iv. Estimates of the total time effort (person x months) to be provided for the services, supported
by bar diagrams showing the time proposed (person x months) for each Key Professional staff.
v. Comments or suggestion on the TOR.
2.4.3.2.5 The Technical Proposal must not include any financial information. A Technical
Proposal containing financial information may be declared non-responsive.
2.4.4.2 The financial proposal shall take into account all types of the tax liabilities and cost of
insurance specified in the Data Sheet.
2.5.1 The Applicants shall submit the details on issued/downloaded Application and in hard
bound form with all pages numbered serially and by giving an index of submissions.
Applications submitted in other forms like spiral bound form; loose form etc shall be rejected.
Copies of Applications shall not be submitted and considered.
2.5.2 The applicant must submit original proposal as indicated in the Data Sheet. Each proposal
will be sealed in an outer envelope which will bear the address and information indicated in the
Data Sheet. The envelope must be clearly marked:
Project Name …………………………..
CONSULTANT 10 Engineer-In-Chief,
GHMC
2.5.2.1 This outer envelope will contain two separate envelopes, one clearly marked ‘Part 1 :
Firm’s Credential and Technical Proposal’ and the second clearly marked ‘Part 2 : Financial
Proposal’ (The two envelopes indicating ‘ORIGINAL’).
2.5.2.2 The proposal must be prepared in indelible ink and must be signed by the authorized
representative of the consultants. The letter of authorization must be confirmed in
original/notorised by a written power of attorney accompanying the proposals. All pages of the
proposals (i) Firm’s Credentials & Technical Proposal and (ii) Financial Proposal) must be
initialed by the person or persons signing the proposal.
2.5.3 The proposal must contain no interlineations or overwriting except as necessary to correct
errors made by the Consultants themselves, in which cases such corrections must be initialed by
the person or persons signing the proposal
2.5.4 Your completed proposal (i) Firm’s Credentials & Technical Proposal and (ii) Financial
Proposal must be delivered on or before the time and date stated in Data Sheet.
2.5.5 After the dead line for submission of proposal, the Firm’s Credentials and Technical
Proposal (Part 1) shall be opened by the evaluation committee. The Financial Proposal (Part 2)
shall remain sealed and deposited with concerned Technical Division.
2.6.3.2 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the Technical Score and the
proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The
Client shall prepare minutes of the public opening. Consultant must laminate or cover their
quoted unit rates with transparent adhesive tape for evaluation of their proposal.
2.6.3.3 The Evaluation Committee will correct any computational errors. When correcting
computational errors, in case of discrepancy between a partial amount and the total amount, or
CONSULTANT 11 Engineer-In-Chief,
GHMC
between word and figures the formers will prevail. In case an activity or line item is quantified in
the Financial Proposal differently from the Technical Proposal, (i) if the Time-Based form of
contract has been included in the RFP, the Evaluation Committee shall correct the quantification
indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical
Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity
and correct the total Proposal cost, (ii) if the Lump-Sum form of contract has been included in the
RFP, no corrections are applied to the Financial Proposal in this respect. Prices shall be converted
to a single currency using the selling rates of exchange, source and date indicated in the Data
Sheet. The evaluation shall exclude those taxes, duties, fees, levies, and other charges imposed
under the applicable law; and those applied to foreign and non-permanent resident consultants.
The financial evaluation would be done based on the months, if any, prescribed in the formats.
2.6.3.4 The lowest Financial Proposal net of taxes will be given a financial Score (F) of 100
points. The financial scores (F) of the other Financial Proposals will be computed as indicated in
Para: 2.6.4. Proposals will be ranked according to their combined technical (T) and financial (F)
scores using the weightage of 70 % for technical proposal and 30 % for financial proposal. The
firm achieving the highest combined technical/financial score will be invited for negotiations. For
Financial evaluation, total cost of financial proposal will be considered. This however does not
include service tax which is reimbursable.
2.6.4 The evaluation committee will determine whether the financial proposals are complete (i.e.
whether they have costed all items of the corresponding proposals, if not, then their cost will be
considered as NIL), correct any computational errors and correct prices in various currencies to
the single currency specified in Data Sheet. The lowest financial proposal will be given a
financial score (F) of 100 points. The financial scores of other proposals will be computed as
follows: F=100 x lowest financial bid amount / financial bid amount of the bidder (F = amount of
financial proposal converted in the common currency)
2.7.1 The Contract will be awarded to the Agency who secures highest combined Score(S)
2.7.2 The selected Consultant is expected to commence the Assignment on the date and at the
location specified in the Data Sheet.
CONSULTANT 12 Engineer-In-Chief,
GHMC
SECTION 3
DATA SHEET
Clause Reference
The Engineer-in-Chief,
GHMC
CC Complex, VI Floor
Tank Bund Road, Hyderabad.
CONSULTANT 13 Engineer-In-Chief,
GHMC
The envelopes must be clearly marked:
i. ORIGINAL PROPOSAL;
ii. DOCUMENTS IN FIRM’S CREDENTIALS & TECHNICAL PROPOSAL
or FINANCIAL PROPOSAL as Appropriate; and,
iii. DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION
COMMITTEE on the outer envelope.
iv. Consultancy Services Package No. :-------------
v. Project Name :------------
vi. Name and Address of Consultant
3.14 The date and time of proposal submission are :
3.2 Firm’s Credentials
Minimum Eligibility Criteria are as under:
(i) The firm should have successfully designed a Multistoried Storied Buildings for
Commercial/ residential/institutional Buildings.
(ii) The firm should have supervised the construction of at least one Multistoried Storied
Commercial/ residential/institutional Buildings of height not less than 40 Mts during the
last 5 years. Preference will be given to consultant having experience in fast track precast
construction methods.
(iii) The average annual turnover in any one year during the last 5 years of firm (Sole or JV)
should be at least Rs.1.00 crore.
(iv) The firm should be well versed with the preparation of EPC bid documents. Experience
in having prepared EPC bid documents for high raise buildings will be an added
advantage.
3.3 Evaluation Criteria
The points given to evaluation criteria are:
Evaluation Criteria for Technical Score
The marks for the technical evaluation stage –I by the selection committee.
Through Presentation
Evaluation Stage II
Description Marks
Similar business in the last five years. 15
Design of Green Building in the last five years 10
Preparation of IBM and Bid documents under EPC Mode 10
Designing of completed building of height 40 mts and above in the
10
last five years
Lead architect with ten years of experience 10
Architect with five years of experience 5
CONSULTANT 14 Engineer-In-Chief,
GHMC
Structural Engineer with 10 years of experience having
10
experience in Multi storied building of height 40 mts and above
Structural Engineer with five years experience 5
Experienced Engineer / Accredited personnel in Green Energy
concept in HVAC with 5 years experience 10
Technical score (T) = 0.6 x marks scored in stage I + 0.4 x marks scored in stage II.
The lowest financial proposal will be given a financial score (F) of 100 points.
The financial scores of other proposals will be computed as follows: Amount of financial
proposal (F) of each bidder is calculated as follows:
F=100 x lowest financial bid amount in Rs. / financial bid amount of the bidder in Rs.
The weightage given to the Technical Score (T) is 70 Percent. The weightage
given to the Financial Score (F) is 30 per cent.
The firm getting highest combined score will be awarded the work.
6.5 Commencement of Assignment (Date, Location): The Consultants shall commence the
services within 15 days of the date of effectiveness of the contract at locations as required for the
project stretch stated in TOR.
*****
CONSULTANT 15 Engineer-In-Chief,
GHMC
SECTION - 4
FORMAT FOR FIRM’S CREDENTIALS AND
TECHNICAL PROPOSAL
CONSULTANT 16 Engineer-In-Chief,
GHMC
Section 4
(Form 1)
Sir:
Subject: Consultancy Service for Consultancy Services for preparation of Concept
plan and detailed project report, designs and plans with Green Building concept,
Project Management and Quality Control for Construction of Council Hall cum
Office Complex in 15 floors including provision for parking in 3 floors at GHMC
land in Lower Tank bund road.
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated (Date), and our Proposal. We are hereby submitting our
Proposal, which includes this (i) Part 1: Firm’s Credentials & Technical Proposal and (ii) Part 2:
Financial Proposal sealed under separate envelopes.
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we
undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and
subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
Authorized Signature
Name and Title of Signatory:
Name of Firm:
Address:
CONSULTANT 17 Engineer-In-Chief,
GHMC
SECTION 4
(FORM-II)
FIRM’S CREDENTIALS
1. Name of the package applied for:-
2. Year of establishment of firm.
Type of Organization Consultant
Year of Country Type of organization
Establishment Individual Partnership Corporation Other
CONSULTANT 18 Engineer-In-Chief,
GHMC
Sl. Project Type of Salient Employer Duration Page no. of
No. Name/Year Services Features of The Proposal
rendered Project at which the
certificate is
enclosed
1 2 3 4 5 6 7
The projects mentioned above should be substantially completed (90% of financial value) and a
certificate from client should be attached.
10. Supporting Statements to Employer’s Certificates may be furnished giving full details of the
projects carried out as below:
Name of the Project: ____________________________________
Owner’s Name and Address: ____________________________________
____________________________________
Completion (Actual and Estimated): ____________________________________
Description of Project: ____________________________________
Description of Services Provided by the Firm:
____________________________________________________________________
CONSULTANT 19 Engineer-In-Chief,
GHMC
SECTION 4
(FORM-III)
FIRM’S REFERENCES
Relevant Services carried out in the Last 5 Years with Best Illustrate Qualifications
The following information should be provided in the format below for each reference assignment
(related Green House Building, Multi storied building) for which your firm, either individually as
a corporate entity or as one of the major companies within a consortium, was legally contracted
by the client stated below:
Assignment Name: Country:
Location within Country Professional Staff Provided by your firm:
Name of Client & address: No. of Staff:
Start Date Completion Date No. of Staff Months
(Month / Year) (Month /Year)
Approx. Value of Services : (in current USD) :
Signature of Authorized
Representative
(Certificate from Employer regarding experience should be furnished. Please also mention
the page No. of the Technical proposal at which the certificate is attached).
CONSULTANT 20 Engineer-In-Chief,
GHMC
SECTION 4
(Form-IV)
DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING
THE ASSIGNMENT
CONSULTANT 21 Engineer-In-Chief,
GHMC
SECTION 4
(Form-V)
COMMENTS/ SUGGESTIONS OF CONSULTANT
On the Terms of Reference:
1.
2.
3.
4.
5.
..
..
On the Data, services and facilities to be provided by the Client indicated in the
Terms of Reference.
1.
2.
3.
4.
5.
..
..
CONSULTANT 22 Engineer-In-Chief,
GHMC
SECTION 4
(Form-VI)
Composition of the Team Personnel and the task which would be assigned to each Team
Member
I. Technical/Managerial Staff
S.No. Name Assignment Position /experience in years Task
1
2
3
4
..
..
..
CONSULTANT 23 Engineer-In-Chief,
GHMC
SECTION 4
(Form-VII)
Format of Curriculum Vitae (CV) For Proposed Key Staff
A) Education:
i) Field of Graduation and year
ii) Field of post graduation and year
iii) Any other specific qualification
B) Experience
i) Total experience in Multi storied buildings : ____________ Yrs
ii) Responsibilities held : i) _____________________ Yrs.
ii) ____________________ Yrs.
iii) ___________________ Yrs.
iii) Relevant Experience to the assignment: __________ Yrs.
CONSULTANT 24 Engineer-In-Chief,
GHMC
(Starting with present position, list in reversed order, every employment held). List all positions
held by staff member since graduation, giving dates, names of employing organization, source of
funding (World Bank, ADB, JBIC, UN etc.) title of positions held and location of assignments
for the projects handled. For experience period of specific assignment must be clearly
mentioned, also give types of activities performed and client references, where appropriate).
15. Languages:
(For each language indicate proficiency – excellent, good, fair or poor in speaking, reading and
writing.)
16. Undertaking:
I, the undersigned (give address & phone no), certify that to the best of my knowledge
and belief, these data correctly describe me, my qualifications, and my experience.
Further I certify that I am available for the assignment “Consultancy Services for
preparation of Concept plan and detailed project report, designs and plans with
Green Building concept, Project Management and Quality Control for Construction
of Council Hall cum Office Complex in 15 floors including provision for parking in
3 floors at GHMC land in Lower Tank bund road”.
and shall be willing to work for GHMC for the entire duration of the position. I have also not left
any GHMC project (completed/ongoing) with out its approval and have not been debarred by
GHMC in past.
Signature of the Candidate ____________________
Place ____________________ Date ____________________
CONSULTANT 25 Engineer-In-Chief,
GHMC
SECTION 4
(Form-VIII)
WORK PROGRAM AND TIME SCHEDULE FOR KEY PERSONNEL MONTHS (in the
Form of Bar Chart)
Sl. No. Name Position Report Due/Activities Months (in the form of a 1)
1 1 2 3 4 5 6
2
3
4
..
..
..
..
Reports Due:
Activities Duration :
Title : ______________________
Address : ___________________
CONSULTANT 26 Engineer-In-Chief,
GHMC
SECTION 4
(Form IX)
Month wise Program (in form of Bar chart) [1st, 2nd,etc., are months from the start
of assignment]
S.No. Item of 1st 2nd 3rd 4th 5th 6th 7th 8th 9th …Remarks. ……
Activity (work)
B. Reports
Reports Frequency
1. Monthly Progress report Every month By 10th of following Month (5 copies)
2. Quarterly Progress Report Every quarter By 20th day of April, July, October
and January (5 copies)
3. Supervision Manual At commencement time (6 copies)
4. O & M Manual 6 Months before taking over certificate (6 copies)
5. Detailed design specification On completion of Phase I (6 copies)
6. Construction methodology On completion of Phase I (6 copies)
7. Final Completion Report & CD Once On completion of the package (10 copies)
CONSULTANT 27 Engineer-In-Chief,
GHMC
SECTION – 5
FORMAT FOR SUBMITTING FINANCIAL
PROPOSAL
Section 5
(Form-I)
FINANCIAL PROPOSALS
FROM: TO:
________________________ ________________________
________________________ ________________________
________________________ ________________________
Sir:
Subject: Hiring of Consultants’ Services for
Consultancy Services for preparation of Concept plan and detailed project report, designs and plans
with Green Building concept, Project Management and Quality Control for Construction of Council
Hall cum Office Complex in 15 floors including provision for parking in 3 floors at GHMC land in
Lower Tank bund road – Regarding price proposed.
We, the undersigned, offer to provide the consulting services for the above in accordance with your Request for
Proposal dated [date], and our Proposal (technical and Financial Proposals). Our attached financial proposal is for the
sum, of [Amount in words and figures]. This amount is inclusive of all taxes except service tax which will be paid
separately as per the rates in vogue.
We undertake that in competing for (and, if the award is made to us, in executing) the above contract, we will strictly
observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.
________________ __________________
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature
Name and Title of Signatory:
Name of Firm:
Address:
CONSULTANT 28 Engineer-In-Chief,
GHMC
Time Period and Fees Payable
Time Schedule for Phase –I (Selection of Contractor)
a) Commencement of services 0w
b) Draft tender document and contract agreement 3w
c) Comments and approval by the GHMC 1w
d) Final Tender documents 2w
e) Evaluation of tender documents and selection of
contractor. 2w
Phase -II
Proof checking of foundation designs 10% of fees for Phase –II
Proof checking of Super Structure
(RCC Frame Work) 30% of fees for Phase –II
Proof checking of Interior designs
Exterior designs drawings 25% of fees for Phase –II
Proof checking of lighting, HVAC,
Sanitary and plumbing, fire fighting etc., 20% of fees for Phase –II
CONSULTANT 29 Engineer-In-Chief,
GHMC
Proof checking of landscaping and other
Ground level works 15% of fees for Phase –II
Note: - Deductions as admissible will be made towards the Central/State Government Taxes and
Duties.
CONSULTANT 30 Engineer-In-Chief,
GHMC
SECTION 6
TERMS OF REFERENCE
(TOR)
6. 1 PROJECT:
Consultancy Services for preparation of Concept plan and detailed project report,
designs and plans with Green Building concept, Project Management and Quality
Control for Construction of Council Hall cum Office Complex in 15 floors including
provision for parking in 3 floors at GHMC land in Lower Tank bund road.
6.1.1 The GHMC has proposed to Construct the Council Hall Cum office Complex in lower
Tank Bund road. GHMC will be the executive agency. The built up area should be 2lakh sft in
4000syds area in 15 floors including parking provision. The Building is Planned with Green
building concepts (Platinum/gold rating) with high energy efficiency and more environmental
friendly.
Construction of Council Hall cum Office Complex at GHMC land in Lower Tank bund road.
contractors shall be selected on the basis of International Competitive Bidding.. It is proposed to
engage consultant as Proof Check Consultant, who would finalize/approve the design criteria and
detailed designs/drawings submitted by the Design Consultant of the contractor. The Team
Leader cum Engineer would act as Employer’s Representative as per EPC/Turnkey Contract.
6.1.2 The consultant so engaged should be highly qualified with proven relevant experience in
implementing the projects of similar nature and size, for the supervision of proposed works. The
proposed construction technology involves use of latest fast track precast construction
technology, machinery and equipment and it is expected that the consultants engage experts to be
deployed to have proven National/International experience of handling such construction works
in getting appropriate accreditation from international rating agencies under Green Building
concept.
CONSULTANT 31 Engineer-In-Chief,
GHMC
Construction of Council Hall cum Office Complex at GHMC land in Lower Tank bund
road in 15 floors including 3 level parking provisions as detailed below:
6.3. OBJECTIVE
The objectives and description of consultancy services shall be the Fixation of the internal
benchmark supported with detailed plans, elevations, interiors with specifications and structural
designing, preparation of tenders document for the work on EPC, proof checking of the designs
and drawings submitted by the EPC contractor and carry out the construction supervision.
GHMC expect the consultants to illustrate the interest and commitment to utilize the latest fast
track technology with National and International techniques in order to ensure fast, efficient,
economical and early completion of works through all the projects phases.
To systematically scrutinize and check the designs of the proposed Council Hall Complex.
Working drawings and bill of quantities for the project will be prepared by the Design Consultant
of the Contractor. As a part of Consultancy services, the Consultant will accord approval to
submissions (Design, Drawings etc.) made by the contractor, supervise the work and ensure the
work that conforms to the approved design, drawings and conditions laid in the contractor and
make necessary quality checks. The proof checking of designs/drawings may be done as per
requirement by the consultant from their Home Office. Consultant will carry out liaison with the
contractor’s representative. Consultant shall hold site meeting on regular pre-fixed intervals (say
every month), to carry out monitoring of the project. Consultant may request for revised work
plan whenever required and issue instructions. Consultants shall also certify progress/payments.
After the completion of Civil work, the maintenance will also be supervise by the consultant.
6.4. SCOPE OF SERVICES (DELIVERABLES):
“Consultancy Services for preparation of Concept plan and detailed project report,
designs and plans with Green Building concept, Project Management and Quality
Control for Construction of Council Hall cum Office Complex at GHMC land in
Lower Tank bund road in 15 floors including 3 level parking provisions”.
CONSULTANT 32 Engineer-In-Chief,
GHMC
Preparation of tender drawings and tender documents etc for EPC tenders. Assistance in
bid process management including technical evaluation, clarifications to bidders, Pre bid
meeting and specifying the construction methodology.
The Building is to be planned with Green building concepts (Platinum/gold rating) with
high energy efficiency and more environmental friendly.
CONSULTANT 33 Engineer-In-Chief,
GHMC
Review of the work carried out by the Contractor for detailed design. Working plan and
drawing including design for construction stage, sequence of construction stage,
sequence of construction of structures. The Consultant should ensure that the details
prepared are sufficient for execution of the project.
c ) PHASE III ( Construction Supervision):
The consultant will oversee the construction up to completion, visit the site, provide the solution
as needed and supervise the quality of construction work. The consultant shall submit the
schedule of visits and methodology of quality control. The consultant shall submit the final report
on quality aspects of the entire job on its completion.
CONSULTANT 34 Engineer-In-Chief,
GHMC
WORD/MS.EXCEL/MS-ACCESS/AUTOCAD/POWER POINT and similar format.
Each of the reports will be presented to a committee as an audio-visual presentation.
Preliminary & Engineering Design and Drawings, preparation of Pre-qualification and
Tender Documents, Tender Assistance i.e. Pre-qualification of Contactors and Evaluation
of Tenders.
All reports and documents relevant to the project, maps, field survey notes/ calculations,
computer programmes etc shall become the property of GHMC. Consultant shall provide
the originals and soft copies of maps, plans and all drawings with final tender documents.
Consultant shall provide soft copy of all data, drawings, maps, plans, documents, reports
and presentations.
f) Final Report
On completion of the Project, the consultant shall prepare a final report which will form a
comprehensive record of the construction works including any changes or modification
of design, As-build Drawings, problems encountered and solutions recommended
operational procedure, expenses and variations.
All reports and documents relevant to the services, maps, field notes, computer
programmes etc., shall become the property of the GHMC. The consultant shall provide
one reproducible copy each of constructional and as-built drawings.
g) Time Schedule: Both the phases of Consultancy are to be operated concurrently till the
completion of the project.
6.5 Key Professional Staff
1. Architect with ten years experience having designed 40 mts and above multi
storied commercial/residential/institutional building.
2. Architect with minimum 5 years experience.
3. Structural Engineer with 10 years experience having designed a Multi storied
building of 40 mts and above
4. Structural Engineer with five years of experience
5. Experienced Engineer/Accredited personal in Green Energy concept in HVAC
with 5 years experience
6. Engineer with minimum 5 years experience in plumbing and sanitary.
7. Quantity surveyor with minimum 5 years of experience
8. Landscape Architect with minimum of 5 years experience
Note:- i) All key professionals are to be at least holders of a university degree in their respective
filed.
ii) As far as possible the staff identified shall be permanent staff of the bidder on his payroll.
Additional professional staff mobilized will be an additional qualification.
CONSULTANT 35 Engineer-In-Chief,
GHMC
6.6 SERVICES AND FACILITES TO BE PROVIDED BY THE GHMC:
The GHMC shall NOT provide any services and /or facilities to the appointed Consultant during
the Course of the Consulting Services. The Consultants have to arrange for all facilities/ services
required to carry out the assigned work on this project at their cost. The financial proposal to be
submitted should include all the required costs with breakups. However, introductory letters shall
be provided to the Consultants on request for facilitating to obtain the desired services and
facilities from the concerned authorities.
6.7 PROPOSED CONSULTANCY ARRANGEMENT
Under the proposed arrangement consultant will be required to create office, located at a suitable
place. The office will have key personnel/experts performing advisory, supervision land
regulatory functions. A set of experts along with the Field Engineers will be deployed for
construction package, to carry out the day-to-day supervision of the works as well as quality
control testing etc. Some of the experts will have relatively short duration stay, because of their
work being more of expert advisory nature.
CONSULTANT 36 Engineer-In-Chief,
GHMC
Time Schedule for Phase –II & Phase –III
It is estimated that period of 12 calender months will be needed for the supervision of proposed
work.
Payment Terms:
The completion period is proposed as 12 months. The fees payable shall remain unchanged for
the period of ( + or -) 1month beyond the scheduled 12 months period.
The payment for the extended period beyond the above shall be decided on mutually agreed
terms
The consultant will be paid fees as detailed below:
Payment Stage
Phase –I – Selection of contractor and proof checking
On Award of work 20% of the fees for Phase –I
Preparation and submission of draft
tender document 20% of fee for Phase -I
Preparation and submission of final tender
document 40% of the fees for Phase –I
Evaluation of tenders and selection of
Contractors 20% of fees for Phase –I
Phase -II
Proof checking of foundation designs 10% of fees for Phase –II
Proof checking of Super Structure
(RCC Frame Work) 30% of fees for Phase –II
Proof checking of Interior designs
Exterior designs drawings 25% of fees for Phase –II
Proof checking lighting, HVAC,
Sanitary and plumbing, fire fighting etc., 20% of fees for Phase –II
Proof checking of landscaping and other
Ground level works 15% of fees for Phase –II
Phase –III – Project Management
50% in 12 equal monthly instalments
45% in relation with the value of work done by the contractor
5% on completion of work and defect liability of the contractor
In addition to the above statutory service tax currently at 10.2% of fees payable shall be paid
separately.
Fees Payable during the extended period:
CONSULTANT 37 Engineer-In-Chief,
GHMC
In the event of period of construction extending beyond 12 months, the monthly additional
payment shall be as below.
0.95 (Total remuneration of Phase –III X Balance value of work to be completed)
12 Total value of EPC Contract
5% on completion of work and defect liability of the contractor
Rebate for earlier completion
In case of construction work gets completed in x months (x being less than 12 months) then the
total rebate to be given by the consultant shall be
Total remuneration for Phase –III X (12- x) X 50
12 100
Note:- Deductions as admissible will be made towards the Central/State Government Taxes and
Duties.
CONSULTANT 38 Engineer-In-Chief,
GHMC
SECTION 7
(Draft Contract Agreement)
CONTRACT AGREEMENT
Between
Greater Hyderabad Municipal Corporation
Hyderabad.
For
Consultancy Services for preparation of Concept plan and detailed project report,
designs and plans with Green Building concept, Project Management and Quality
Control for Construction of Council Hall cum Office Complex in 15 floors including
provision for parking in 3 floors at GHMC land in Lower Tank bund road.
CONTENTS
Sl. No. Description Page No.
I. CONTRACT FOR CONSULTANT’S SERVICES
I. Power of Attorney on behalf of Consultants
II. Letter of submission of Technical bid
III. Letter of submission of Financial bid
V. GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in Charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification and Termination
of Contract
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition
2.7.2 No Breach of Contract
2.7.3 Measures to be Taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
2.9 Termination
2.9.1 By the Client
2.9.2 By the Consultants
2.9.3 Cessation of Rights and Obligations
2.9.4 Cessation of Services
2.9.5 Payment upon Termination
CONSULTANT 39 Engineer-In-Chief,
GHMC
2.9.6 Disputes about Events of Termination
CONSULTANT 40 Engineer-In-Chief,
GHMC
VI. SPECIAL CONDITIONS OF CONTRACT
VII. APPENDICES
Appendix A : Description of the Services
Appendix B : Reporting Requirements
Appendix C : Key Personnel
Appendix D : Medical Certificate
Appendix E : Hours of Work for Key Personnel
Appendix F : Duties of the Client
Appendix G : Cost Estimates in Foreign Currency
Appendix H : Cost Estimates in Local Currency
Appendix I : Form of Performance Bank Guarantee
Appendix J : Form of Bank Guarantee for Advance Payments
“Consultancy Services for preparation of Concept plan and detailed project report,
designs and plans with Green Building concept, Project Management and Quality
Control for Construction of Council Hall cum Office Complex in 15 floors including
provision for parking in 3 floors at GHMC land in Lower Tank bund road”.
This CONTRACT (hereinafter called the “Contract”) is made the _____day of the Month of
_________, 200 ____, between, on the one hand _______________(hereinafter Called the
“Client) and, on the other hand,_____(hereinafter called the “Consultants”). [Note : If the
Consultants consist of more than one entity, the above should be partially amended to read as
follows: “…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of
the following entities, each of which will be jointly severally liable to the Client for all the
Consultants’ obligations under this Contract, namely, _____________________and
________________________(hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as defined in
the General Conditions of Contract attached to this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required processional
skills, and personnel and technical resources, have agreed to provide the Services on the terms
and conditions set forth in this Contract; NOW THEREFORE the parties hereto hereby agree as
follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’
(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices :
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below
next to the title of the Appendix on the sheet attached hereto carrying the title of that Appendix ].
Appendix A: Description of the Services ______________
Appendix B: Reporting Requirements ______________
Appendix C: Key Personnel ______________
Appendix D: Medical Certificate ______________
Appendix E: Hours of Work for key Personnel ______________
Appendix F: Duties of the Client ______________
Appendix G: Cost Estimates in Foreign Currency ______________
Appendix H: Cost Estimates in Local Currency ______________
Appendix I: Form of Guarantee for Performance security
CONSULTANT 41 Engineer-In-Chief,
GHMC
______________
Appendix J: Form of Guarantee for Advance Payments
______________
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the provisions of the Contract;
and
(b) The Client shall make payments to the Consultants in accordance with the Provisions of the
Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
___________________________________________________________________________
___________
FOR AND ON BEHALF OF
[NAME OF THE CLIENT]
By
(Authorized Representative)
___________________________________________________________________________
______
FOR AND ON BEHALF OF
[NAME OF THE CONSULTANTS]
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner]
___________________________________________________________________________
__________
FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANTS
___________________________________________________________________________
___________
[Name of the Member]
By
(Authorized Representative)
[Name of the Member]
___________________________________________________________________________
__________
By
(Authorized Representative)
etc.
CONSULTANT 42 Engineer-In-Chief,
GHMC
CONSULTANT 43 Engineer-In-Chief,
GHMC
GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have
the following meanings:
(a) “Applicable Law means the laws and any other instruments having the force of law in the
Government’s country as they may be issued and in force from time to time;
(b) “Contract” means the Contract signed by the Parties, to which these General Conditions of
Contract are attached, together with all the documents listed in Clause 1 of such signed Contract;
(c) “Effective Date” means the date on which this Contract comes into force and effect pursuant
to Clause GC 2.1;
(d) “foreign currency” means any currency other than the currency of the Government;
(e) “GC” means these General Conditions of Contract;
(f) “Government” means the Government of India;
(g) “local currency” means the currency of the Government;
(h) “Member”, in case the Consultants consist of a joint venture of more than one entity, means
any of these entities, and “Members” means all of these entities;
(i) “Personnel” means persons hired by the Consultants or by any Sub consultant as employees
and assigned to the performance of the Services or any part thereof; “foreign Personnel” means
such persons who at the time of being so hired had their domicile outside India; and “local
Personnel” means such persons who at the time of being so hired had their domicile inside India;
(j) “Party” means the Client or the Consultants, as the case may be, and Parties
means both of them;
(k) “Services” means the work to be performed by the Consultants pursuant to this Contract for
the purposes of the Project, as described in Appendix A hereto;
(l) “SC” means the Special Conditions of Contract by which these General Conditions of
Contract may be amended or supplemented;
(m) “Sub consultant” means any entity to which the Consultants subcontract any part of the
Services in accordance with the provisions of Clause GC 3.7; and
(n)“Third Party” means any person or entity other than the Government, the Client, the
Consultants or a Sub consultant.
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master and servant or of
agent and principal as between the Client and the Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel performing the Services and shall be fully
responsible for the Services performed by them or on their behalf hereunder.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of this Contract.
1.5 Heading
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been
given or made when delivered in person to an authorized representative of the Party to whom the
CONSULTANT 44 Engineer-In-Chief,
GHMC
communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such
Party at the address specified in the SC.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A hereto and,
where the location of a particular task is not so specified, at such locations, whether in India or
elsewhere, as the Client may approve.
CONSULTANT 45 Engineer-In-Chief,
GHMC
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of the
scope of the Services, may only be made by written agreement between the Parties. Pursuant to
Clause GC 7.2 hereof, however, each party shall give due consideration to any proposals for
modification made by the other Party.
2.7.1 Definition
(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party, and which makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial
action (except where such strikes, lockouts or other industrial action are within the power of the
Party invoking Force Majeure to prevent), confiscation or any other action by government
agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional
action of a Party or such Party’s Subconsultants or agents or employees, nor (ii) any event which
a diligent Party could reasonably have been expected to both (A) take into account at the time of
the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations
hereunder.
(c) Force Majuere shall not include insufficiency of funds or failure to make any payment
required hereunder.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably and
necessarily incurred by them during such period for the purposes of the Services and in
reactivating the Services after the end of such period.
CONSULTANT 46 Engineer-In-Chief,
GHMC
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure,
have become unable to perform a material portion of the Services, the Parties shall consult with
each other with a view to agreeing on appropriate measures to be taken in the circumstances.
2.8 Suspension
The Client may, by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure
within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of
suspension.
2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30) days’ written notice of termination to the Consultants
(except in the event listed in paragraph (f) below, for which there shall be a written notice of not
less than sixty (60) days), such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (f) of this Clause 2.9.1, terminate this Contract:
(a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder, as
specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of
receipt of such notice of suspension or within such further period as the Client may have
subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of
their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors
for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the Consultants know to be false; (e) if, as the
result of Force Majeure, the Consultants are unable to perform a material portion of the Services
for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices
in competing for or in executing the Contract. For the purpose of this clause: "corrupt practice"
means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to
influence the action of a public official in the selection process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a selection process
or the execution of a contract.
The Consultants may, by not less than thirty (30) day’s written notice to the Client, such notice to
be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this
Clause 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and not
subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving written
notice from the Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Consultants may have
CONSULTANT 47 Engineer-In-Chief,
GHMC
subsequently approved in writing) following the receipt by the Client of the Consultants’ notice
specifying such breach;
(c) if, as the result of Force Majeure, the Consultant are unable to perform a material portion of
the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of arbitration pursuant
to Clause 8 hereof.
Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration of this
Contract pursuant to Clause 2.4 hereof, all rights and obligations of the Parties hereunder shall
cease, except (i) such rights and obligations as may have accrued on the date of termination or
expiration, (ii) the obligation of confidentiality set forth in Clause 3.3 hereof, (iii) the
Consultant’s obligation to permit inspection, copying and auditing of their accounts and records
set forth in Clause 3.6 hereof, and (iv) any right which a Party may have under the Applicable
Law.
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses 2.9.1
or 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take
all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make
every reasonable effort to keep expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultants and equipment and materials furnished by the Client, the
Consultants shall proceed as provided, respectively, by Clauses 3.9 or 3.10 hereof.
CONSULTANT 48 Engineer-In-Chief,
GHMC
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law and shall take
all practicable steps to ensure that any Sub consultants, as well as the Personnel and agents of the
Consultants and any Sub consultants, comply with the Applicable Law. The Client shall advise
the Consultants in writing of relevant local customs and the Consultants shall, after such
notifications, respect such customs.
3.3 Confidentiality
The Consultants, their Sub consultants and the Personnel of either of them shall not, either during
the term or within two (2) years after the expiration of this Contract, disclose any proprietary or
confidential information relation to the Project, the Services, this Contract or the Client's business
or operations without the prior written consent of the Client.
CONSULTANT 49 Engineer-In-Chief,
GHMC
this Contact, to inspect the same and make copies thereof as well as to have them audited by
auditors appointed
by the Client.
4 CONSULTANTS' PERSONNEL
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel as are
required to carry out the Services.
4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualification and estimated periods of
engagement in the carrying out of the Services of each of the Consultants' Key Professional / Sub
Professional Personnel are described in Appendix C.
(b) If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments with
respect to the estimated periods of engagement of Key Professional / Sub Professional Personnel
set forth in Appendix C may be made by the Consultants by written notice to the Client, provided
(i) that such adjustments shall not alter the originally estimated period of engagement of any
individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such
adjustments shall not cause payments under this Contract to exceed the ceilings set forth in
Clause 6.1 (b) of this Contract. Any other such adjustments shall only be made with the Client's
written approval.
(c) If additional work is required beyond the scope of the Services specified in Appendix A, the
estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by
agreement in writing between the Client and the Consultants, provided that any such increase
CONSULTANT 50 Engineer-In-Chief,
GHMC
shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings
set forth in Clause 6.1 (b) of this Contract.
(ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the
Consultants shall, at the Client's written request specifying the grounds therefore, forthwith
provide as a replacement a person with qualifications and experience acceptable to the Client. (c)
Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures (including
expenditures due to the number of eligible dependents) the Consultants may wish to claim as a
result of such replacement, shall be subject to the prior written approval by the Client. Except as
the Client may otherwise agree, (i) the Consultants shall bear all additional travel and other costs
arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be
paid for any of the Personnel provided as a replacement shall not exceed the remuneration which
would have been payable to the personnel replaced. Further for Key Professional Personnel
replaced, the remuneration payable shall not exceed 90% of the remuneration which would have
been payable for the Personnel replaced. However during O&M period the key professional staff
can be replaced once without any penalty by equally or better qualified and experienced
personnel.
CONSULTANT 51 Engineer-In-Chief,
GHMC
4.6 Resident Project manager
If required by the SC, the Consultants shall ensure that at all times during the Consultants'
performance of the Services in the Government's country a resident project manager, acceptable
to the Client, shall take charge of the performance of such Services.
CONSULTANT 52 Engineer-In-Chief,
GHMC
(b) Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1(c), the
payments under this Contract shall not exceed the ceiling specified in the SC. The Consultants
shall notify the Client as soon as cumulative charges incurred for the Services have reached 80%
of the ceiling.
(c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses 5.4 hereof, the Parties shall
agree that additional payments shall be made to the Consultants in order to cover any necessary
additional expenditures not envisaged in the cost estimates referred to in Clause 6.1(a) above, the
ceiling set forth in Clause 6.1(b) above shall be increased by the amount or amounts, as the case
may be, of any
such additional payments.
6.2 Remuneration and Reimbursable Expenditures
(a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client shall pay to the
Consultants (i) remuneration as set forth in Clause GC 6.2(b), and (ii) reimbursable expenditures
as set forth in Clause GC 6.2(c). If specified in the SC, said remuneration shall be subject to price
adjustment as specified in the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time actually spent by
such Personnel in the performance of the Services after the date determined in accordance with
Clause GC 2.3 and Clause SC 2.3 (or such other date as the Parties shall agree in writing)
(including time for necessary travel via the most direct route) at the rates referred to, and subject
to such additional provisions as are set forth, in the SC. (c) Reimbursable expenditures actually
and reasonably incurred by the Consultants in the performance of the Services, as specified in
Clause SC 6.3(b).
6.3 Currency of Payment
In local currency only.
6.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the Consultants an interest bearing advance payment as
specified in the SC, and as otherwise set forth below. The advance payment will be due after
provision by the Consultants to the Client of a bank guarantee by a bank acceptable to the Client
in an amount (or amounts) and in a currency ( or currencies) specified in the SC, such bank
guarantee (I) to remain effective until the advance payment has been fully set off as provided in
the SC, and (ii) to be in the form set forth in Appendix I hereto or in such other form as the Client
shall have approved in writing. (b) As soon as practicable and not later than fifteen (15 days) after
the end of each calendar month during the period of the Services, the Consultants shall submit to
the Client, in duplicate, itemized statements, accompanied by copies of receipted invoices,
vouchers and other appropriate supporting materials, of the amounts payable pursuant to Clauses
GC 6.3 and 6.4 for such month. Separate monthly statements shall be submitted in respect of
amounts payable in foreign currency and in local currency. Each such separate monthly statement
shall distinguish that portion of the total eligible costs which pertains to remuneration from that
portion which pertains to reimbursable expenditures.
(c) The Client shall cause the payment of the Consultants periodically as given in schedule of
payment above within sixty (60) days after the receipt by the Client of bills with supporting
documents. Only such portion of a monthly statement that is not satisfactorily supported may be
withheld from payment. Should any discrepancy be found to exist between actual payment and
costs authorized to be incurred by the Consultants, the Client may add or subtract the difference
from any subsequent payments. Interest at the rate specified in the SC shall become payable as
from the above due date on any amount due by, but not paid on. such due date.
(d) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultants and approved as
satisfactory by the Client. The Services shall be deemed completed and finally accepted by the
Client and the final report and final statement shall be deemed approved by the Client as
satisfactory ninety (90) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90)-day period, gives written notice to the
Consultants specifying in detail deficiencies in the Services, the final report or final statement.
CONSULTANT 53 Engineer-In-Chief,
GHMC
The Consultants shall thereupon promptly make any necessary corrections, and upon completion
of such corrections, the foregoing process shall be repeated. Any amount which the Client has
paid or caused to be paid in accordance with this Clause in excess of the amounts actually
payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants
to the Client within thirty, (30) days after receipt by the Consultants of notice thereof. Any such
claim by the Client for reimbursement must be made within twelve (12) calendar months after
receipt by the Client of a final report and a final statement approved by the Client in accordance
with the above. (e) All payments under this Contract shall be made to the account of the
Consultants specified in the SC.
7. Fairness and Good Faith
7.1 Good Faith
The Parties undertake to act in good faith with respect to each other's rights under this Contract
and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to the
interest of either of
them, and that, if during the term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on such action as may be
necessary to remove the cause or causes of such unfairness, but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause
GC 8 hereof.
8. SETTLEMENT OF DISPUTES
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or the interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be
settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for
such amicable settlement may be submitted by either Party for settlement in accordance with the
provisions specified in the contract.
8.3 ARBITRATION
If any dispute or difference of any kind whatsoever shall arise between the Employer and the
Consultant in connection with, or arising out of the Consultant, of the execution of the works,
whether during the progress of the works or after their completion and whether before or after the
termination, abandonment or breach of the Contract, it shall in the first place, be referred to and
settled by the Executive Engineer who shall, within a period of thirty days after being requested
by the Consultant to do so, given written notice of his decision to the consultant. Upon receipt of
the written notice of the decision of the Executive Engineer the Consultant shall promptly
proceed without delay to comply with such notice of decision.
If the Executive Engineer fails to give notice of his decision in writing with in a period of thirty
days after being requested or if the consultant is dissatisfied with the notice of the decision of the
Executive Engineer, the consultant may with in Thirty days after receiving the notice of decision
appeal to the Superintending Engineer of the Employer who shall afford an opportunity to the
consultant to be heard and to offer evidence in support of his appeal, the Superintending Engineer
of the Employer shall give notice of his decision within a period of thirty days after the
Consultants has given the said evidence in support of his appeal, subject to arbitration. As
hereinafter provided. If the Superintending Engineer fails to give notice of his decision in writing
within a period of thirty days after being requested or if the consultants is dissatisfied with the
notice of the decision of the Superintending Engineer, the consultant may within thirty days after
receiving the notice of decision appeal to the Engineer- In- Chief of the Employer, who shall
CONSULTANT 54 Engineer-In-Chief,
GHMC
afford an opportunity to the consultant to be heard and to offer evidence in support of his appeal,
the Engineer- In- Chief of the Employer shall give notice of his decision within a period of thirty
days after the consultant has given the said evidence in support of his appeal, subject to
arbitration as hereinafter provided. Such decision of the Engineer- In- Chief of the Employer in
respect of every matter so referred shall be final and binding upon the Consultant and shall
forthwith be given effect to by the Consultant, who shall proceed with the execution of the works
with all due diligence whether he requires arbitration as hereinafter provided, or not. If the
Engineer- In- Chief of the Employer has given written notice of his decision to the consultant and
no claim to arbitration, has been communicated to him by the Consultant within a period of thirty
days from receipt of such notice, the said decision shall remain final and binding upon the
Consultant. If the Engineer- In- Chief of the Employer shall fail to give notice of his decision, as
aforesaid, within a period of thirty days after being requested as aforesaid, or if the Consultant be
dissatisfied with any such decision, then and in any such case the Consultant within thirty days
after the expiration of the first named period of thirty days as the case may be, require that the
matter or matters in dispute be referred to arbitration as hereinafter provided. Except as otherwise
providing in the contract, any dispute and differences arising out of or relating to the contract
shall be referred to adjudication as follows:
(i). Settlement of all claims upto Rs.50,000/- in value and below by way of
arbitration to be referred as follows:
(a). Claims up to Rs.10,000/- : Superintending Engineer
GREATER HYDERABAD MUNICIPAL
CORPORATION
Hyderabad.
(a). All claims above Rs.50,000/- in value shall be decided by the Civil Court of
competent jurisdiction by way of a regular suit and not by Arbitration.
(b). A reference for adjudication under this clause shall be made by either party to the
contract with in six months from the date of intimating the Consultants of the
preparation of final bill or his having accepted payment whichever is earlier.
(c). The relevant clause of A.P. Standard Specification Stands modified to the extent
provided in this clause.
9. FAIRNESS AND GOOD FAITH
9.1 Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this Contract
and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
9.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to the
interest of either of them, and that, if during the term of this Contract either Party believes that
CONSULTANT 55 Engineer-In-Chief,
GHMC
this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as
may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any
action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with
Clause 9 hereof. 103
APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks,
place of performance for different tasks; specific tasks to be approved by Client, etc.]
Details as per TOR
[List under: C-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. experience of Personnel to be assigned to work
in India, and staff- months for each.
C-2 Same information as C-l for Key local Personnel. C-3 Same as C-l for
Key foreign Personnel to be assigned to work outside India.
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in
India. If there is no need for a medical certificate, state here: "Not applicable. "] The form of
Medical Certificate as required under the. rules of Govt. of India
CONSULTANT 56 Engineer-In-Chief,
GHMC
5. Unaccompanied Luggage Allowance
6. Relocation/Storage Allowance
7. Travel document and miscellaneous cost
8. Temporary Lodging during Mobilisation/demobilization
9. Establishment allowance
10. Exit charges
CONSULTANT 57 Engineer-In-Chief,
GHMC
APPENDIX I: FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
(CLAUSE-9 OF SECTION 2)
To
The Commissioner & Special Officer
GHMC
HYDERABAD.
CONSULTANT 58 Engineer-In-Chief,
GHMC
APPENDIX J: FORM OF BANK GUARANTEE FOR ADVANCE PAYMENTS
(REFERENCE CLAUSE 6.4(A) OF CONTRACT)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Ref:__________________ Bank Guarantee: _________________________
Date: ____________________________
Dear Sir,
In consideration of M/s.______________ (hereinafter referred as the "Client", which expression
shall, unless repugnant to the context or meaning thereof include it successors, administrators and
assigns) having awarded to M/s. ___________________________________(hereinafter referred
to as the "Consultant" which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators, executors and assigns), a contract by issue of client's
Contract Agreement No. _________________dated ____________and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at___________
for____________ Contract (hereinafter called the "Contract") (scope of work) and the Client
having agreed to make an advance payment to the Consultant for performance of the above
Contract amounting to (in words and figures) as an advance against Bank Guarantee to be
furnished by the Consultant. We ____________________________ (Name of the Bank) having
its Head Office at _______________________(hereinafter referred to as the Bank), which
expression shall, unless repugnant to the context or meaning thereof, include its successors,
administrators executors and assigns) do hereby guarantee and undertake to pay the client
immediately on demand any or, all monies payable by the Consultant to the extent of
___________________________- as aforesaid at any time up to
______________________________@ ___________________________ without any
demur, reservation, contest, recourse or protest and/or without any reference to the consultant.
Any such demand made by the client on the Bank shall be conclusive and binding
notwithstanding any difference between the Client and the Consultant or any dispute pending
before any Court, Tribunal, Arbitrator or any other authority. we agree that the Guarantee herein
contained shall be irrevocable and shall continue to be enforceable till the Client discharges this
guarantee. The Client shall have the fullest liberty without affecting in any way the liability of the
Bank under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the contract by the Consultant. The Client shall have the fullest liberty without
affecting this guarantee, to postpone from time to time the exercise of any powers vested in them
or of any right which they might have against the Client and to exercise the same at any time in
any manner, and either to enforce or to forebear to enforce any covenants, contained or implied,
in the Contract between the Client and the Consultant any other course or remedy or security
available to the Client. The bank shall not be relieved of its obligations under these presents by
any exercise by the Client of its liberty with reference to the matters aforesaid or any of them or
by reason of any other act or forbearance or other acts of omission
or commission on the part of the Client or any other indulgence shown by the Client or by any
other matter or thing whatsoever which under law would but for this provision have the effect of
relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee that the Client may have in
relation to the Consultant's liabilities. Notwithstanding anything contained herein above our
liability under this guarantee is limited to ____________________and it shall remain in force
upto and including ___________and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s.
_____________________________________________on whose behalf this guarantee has been
given.
CONSULTANT 59 Engineer-In-Chief,
GHMC
Dated this ___________________day of
_____________________200_______at_____________
WITNESS
____________________________
_____________________ (signature)
(Signature)
______________________________
____________________
(Name)
(Name)
_______________________________
___________________
_______________________________
__________________
(Official Address) Designation (with Bank
stamp)
Attorney as per Power of
Attorney No.
_______________
Dated
____________________
Strike out, whichever is not applicable.
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues
the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be confirmed by any
Nationalized Bank in India.
CONSULTANT 60 Engineer-In-Chief,
GHMC