PSIEC DETAILED SCOPE OF WORK INCLUDING TERMS AND CONDITIONS For Consultancy Services For Designing of Rigid/Flexible pavement, sewerage/storm sewerage system, OHSR and other allied services for the development of the New Industrial Focal Point at Nabha 1 Table of Contents 1. Invitation for Bids……………………………………………………………………3 2. Scope of work………………………………………………………………………..3 3. Schedule of Services……………………………………………………………….4 4. Schedule of Payment…………………………………………………………........6 5. Fees to include……………………………………………………………………...7 6. Time Schedule……………………………………………………………………...7 7. Engagement Team…………………………………………………………………7 8. Disclaimer……………………………………………………………………….......7 9. General Conditions of the Contract…………………………………………. …..8 9.1 Award Criteria………………………………………………………………………8 9.2 PSIEC Right to accept or reject any of all Proposals …………..………….......9 9.3 Notification of Award………………………………………………………………9 9.4 Signing of Contract………………………………………………………………...9 9.5 Disqualification Criteria……………………………………………………….. ... 9 9.6 Termination for default……………………………………………………………9 9.7 Termination for convenience…………………………………………………….10 9.8 “No claim” Certificate……………………………………………………………..10 9.9 Documents prepared by the Consultant to be the Property of the client…...10 9.10 Confidentiality…………………………………………………………………….10 9.11 Force Majeure…………………………………………………………………….10 9.12 Governing Language……………………………………………………………11 9.13 Delay in the Consultant’s performance & penalty……………………………11 9.14 Use of contract documents and information ………………………………….11 Format for Financial Bid- Form A………………………………………………………12 Format of Contract Agreement – Form B……………………………………………. 13-14 2 1. Invitation for Bids Schedule for invitation to tender a) Name of the concern by which tender called: PUNJAB SMALL INDUSTRIES AND EXPORTS CORPORATION LTD b) Address at which tenders are to be submitted:Executive Engineer-II, PUNJAB SMALL INDUSTRIES AND EXPORTS CORPORATION LTD 4TH Floor Udyog Bhawan, Plot No 18, Himalaya Marg Sector-17, Chandigarh. c) Latest time and date for submission of bids:- d) Technical Bid : 12-6-2014 by 3-00 PM : Opening on 12-6-14 at 3-30 PM The financial bids will be opened in the presence of the representatives of bidders on 18-6-2014 at 3-00 PM e) Validity of bid 90 days from the last date for submission of bids. 2. Scope of work 2.1 The Engineering Consultant is required to provide services in respect of the following projects:- Designing of Rigid/Flexible pavement, sewerage/storm sewerage system, OHSR, STP and other allied services for the development of the New Industrial Focal Point at Nabha The services shall include the following scope of work with respect to consultancy i) Taking Client’s instructions and preparation of design brief. ii) Conducting relevant field tests iii) Design and assist for site development. iv) Respond to all government reviews and revise construction documents, if required. v) Design of the Pavements ( Rigid/Flexible) 3 vi) Water supply scheme including design of T/Wells, laying of distribution pipe network, Construction of OHSR, including installation of the pumping machinery complete in all respect. vii) Design of sewerage scheme including its final disposal. viii) Design of STP including provision for recycling of treated water in the area, green belts and to the industries for the use etc. ix) Design of storm water drainage scheme with the provision of underground pipe network or open channel including its disposal including rain water harvesting system, if required. x) Conducting site Visits necessarily involved for designing, resolving field problems/disputes and making necessary amendments in designs/drawings during execution if required by the department. 3. Schedule of Services: The Engineering Consultant after taking instructions from the client shall render the following services:- PRE DESIGN STAGE (STAGE 1) : i) Ascertain Client’s requirements, examine site constraints & potential and prepare a design brief for Client’s approval. ii) Prepare report on site evaluation, state of existing area, if any and analyzing and impact of existing and/or proposed development on its immediate environs. iii) Conducting all relevant field tests for the design of pavements & other services. iv) Submission of report of the conducted field test for the design of pavement. v) Collection of all data required for design of the all the services vi) Furnish report on measures required to be taken to mitigate the adverse impact, if any, of the existing and/or proposed development on its immediate environs Duration: Two weeks from the date of the allotment. vii) 4 DESIGN AND DRAWINGS (STAGE 2) : viii) Designing of pavements, water supply schemes, drainage/storm drainage system on the basis of the report submitted during pre design stage and prepare the preliminary drawings sketches, study model etc for the client approval. The Design shall be accompanied with all design Calculation in respective works. The Consultant shall submit three sets of design calculation along with soft copy. ix) Duration: Two weeks from the submission of field data i.e. stage-I CONSTRUCTION DOCUMENT STAGE (STAGE 3):x) xi) xii) xiii) Preparation of the detailed estimate on the basis of the submitted design for Clients/statutory approvals and ensure compliance with codes, standards and legislation, as applicable and assist the Client in obtaining the statutory approvals thereof, if required. Duration: Two weeks from the submission of Design stage-2 Technical vetting of the Estimate from the office of the Advisor Technical to the Hon’ble CM Punjab and making the required amendments on the Advice of their office Duration: One weeks from the submission of Detailed estimate i.e. stage 3(xi) TENDER DRAWINGS AND TENDER DOCUMENTS (STAGE 4):xiv) Prepare tender documents, specifications and schedule of quantities sufficient to prepare estimate of cost and tender documents including code of practice covering aspects like mode of measurement, method of payments, quality control procedures on materials & works and other conditions of contract. xv) Duration: One weeks from the submission of Detailed estimate from stage 3 CONSTRUCTION (STAGE 5):xvi) Prepare and issue 10 sets of working drawings and details for the proper execution of works. xvii) Offer interpretation of the drawings/specifications, attend conferences and meetings to ensure that the project proceeds generally in accordance with the conditions of contract and keep the Client informed and render advice on actions, if required. xviii) Issue three sets of as built –up drawings for the services laid after completion of works duly showing the route plan. The consultant will also submit the soft copy of the drawings. 5 xix) Duration: Immediate after the Virtual completion of the Work 4. Schedule of Payment The Engineering Consultant shall be paid professional fee in the following stages consistent with the work done plus other charges: Retainer On the appointment/signing Agreement/Acceptance of offer. of The person/persons whose tender may be accepted shall permit the Punjab Small Industries & Export - Corporation Ltd. at the time of making any payment under the contract to deduct such sum as will amount to five percent of all payments so payable which shall be held by the corporation by way of security deposit Stage-1 On submission of field test report, other services for design purposes Stage-2 On submitted design for pavements, public health services. Stage-3 On submission of the Detailed estimate for approval and technical vetting of the estimate from the office of Advisor Technical to Hon’ble CM Punjab Stage-4 a)On submission of the tender documents, DNIT, working drawings specification etc. b) On submission working drawings marked good for construction & details required for commencement of work at site. c)During the stages of construction (i) On Virtual completion Stage 5 On submission of the built up drawings on completion of the work. 5% of the total fees payable. 5% of the total fees payable 15% of the total fees payable 20% of the total fees payable. 20% of the total fees payable 20% of the total fees payable 10% of the total fees payable 5% of the fee payable. 6 5. Fees to include:The fee quoted should include: i) All Travel expenses i.e. TA/DA in connection with the assignment. ii) Printing, Copying, and distributing deliverables iii) iv) Service Tax payable should be inclusive in the price quote. All the statutory payments such as , Income Tax, WC tax , labour cess, etc will be deducted at source at the time of releasing payment by the PSIEC. v) The offer shall be accompanied with earnest money amounting to Rs 50,000/- in shape of DAC/DD in favour of Executive Engineer-II on any scheduled bank to the full value of the amount of earnest money pledged to the Punjab Small Industries & Export Corporation Ltd (PSIEC), Udyog Bhawan Sector 17, Chandigarh vi) The earnest money shall be adjustable from the security which shall be deducted from the running payment to be released as per the payment schedule 6. Time Schedule Following is the indicative schedule for the project:Particulars Designing of Rigid/Flexible pavement, sewerage/storm sewerage system, OHSR and other allied services for the development of the Industrial Focal Point at Nabha Time Period Two months or 8 weeks from the date of the allotment in work 7. Engagement Team The assignment will be carried out by a team of professionals with wide experience in executing assignments of similar nature. The Engineering Consultant engaged for this assignment must have a minimum 5 years of experience. 8. Disclaimer i) This document is being published in order to enable the applicant’s to participate in the process of Appointment of an Engineering consultant for Designing of Rigid/Flexible pavement, sewerage/storm sewerage system, OHSR and other allied services for the development of the New Industrial Focal Point at Nabha 7 ii) iii) This document does not constitute nor should it be interpreted as an offer or invitation for the appointment of the Engineering Consultant described herein. This document is meant to provide information only and upon the express understanding that recipients will use it only for the purposes set out above. No representation or warranty, expressed for implied, is or will be made as to the reliability, accuracy or the completeness of any of the information contained herein. It shall not be assumed that there shall be no deviation or change in any of the herein mentioned information on roles and responsibilities of the. Engineering Consultant While this document has been prepared in good faith, neither PSIEC, nor any of their officers make any representation of warranty or shall have any responsibility or liability whatsoever in respect of any statements or omissions here from. Any liability is accordingly and expressly disclaimed by PSIEC and any of their officers even if any loss or damage is caused by any act or omission on the part of PSIEC or any of their officers, whether negligent or otherwise. iv) By acceptance of this document, the recipient agrees that any information herewith will be superseded by any subsequent written information on the same subject made available to the recipient by or on behalf of the PSIEC. PSIEC and any of their respective officers undertake no obligation, among others, to provide the recipient with access to any additional information or to update this document or to correct any inaccuracies therein which may become apparent, and they reserve the right, at any time and without advance notice, to change the procedure for the selection of or any part of the interest or terminate negotiations or the due diligence process prior to the signing of any binding agreement. v) Accordingly, interested recipients should carry out an independent assessment and analysis of the requirements of the information, facts and observations contained herein. 9. General Conditions of the Contract 9.1 Award Criteria The PSIEC will award the Contract to the successful consultant whose proposal has been determined to be substantially responsive and has been determined as the best bid, provided further that the Consultant has demonstrated that it is qualified to perform services required for the project satisfactorily. 8 9.2 PSIEC Right to accept or reject any or All Proposals The PSIEC reserves the right to accept or reject any proposal, and to annul the RFP process and reject all proposals at any time prior to award of contract, without incurring any liability to the affected consultant or consultants or any obligation to inform the affected consultant or consultant of the grounds for PSIEC’s action. 9.3 Notification of Award Prior to expiry of the validity period, PSIEC will notify the successful consultant in writing that its proposal has been accepted. 9.4 Signing of Contract 9.5 Once the PSIEC notifies the successful Engineering Consultant that its proposal has been accepted, PSIEC shall enter into a separate contract, incorporating all agreements (to be discussed and agreed upon separately) between PSIEC and the successful consultant. Disqualification Criteria PSIEC may at its sole discretion, disqualify and Consultant, if he has i) Made misleading or false representation(s) in the form of statements and attachments submitted in proof of the eligibility requirements. ii) Submitted a proposal that is not accompanied by required documents. iii) iv) Failed to provide clarifications as needed by PSIEC Been declared ineligible by Gol for corrupt and fraudulent practices or blacklisted. v) Submitted more than one proposal or submitted a proposal with price adjustments/variations. 9.6 Termination for default The client may, without prejudice, to any other remedy for breach of contract, by written notice of default sent to the Consultant, terminate the contract in whole or in part it :i) The consultant fails to deliver any or all the obligations within the time period(s) specified in the contract, or any extension thereof granted by the client. ii) The consultant fails to perform any other obligation(s) under the contract. 9 9.7 Termination for convenience The client may be written notice sent to the consultant, terminate the contract, in whole or part at any time for its convenience. The notice of termination shall specify that termination is for client’s convenience, the extent to which performance of work under the contract is terminated, and the date on which such termination becomes effective. 9.8 “No claim” Certificate The consultant shall not be entitled to make any claim, whatsoever, against the client under or by virture of or arising out of this contract nor shall be client entertain or consider any such claim, if made by the consultant after he shall have signed a “no claim” certificate in favour of the concerned department/office in such forms as shall be required by the client after the works are finally accepted. 9.9 Documents prepared by the Consultant to be the Property of the Client All plans, drawings, specifications, designs and other documents prepared by the vendor in the execution of the contract shall become and remain the property of the client, and before termination or expiration of this contract, the Consultant shall deliver all such documents to the client under the contract along with the detailed inventory thereof. 9.10 Confidentially The Consultant, its sub-vendor(s) or sub-contractor(s) and their personnel shall not, either during the team or after expiration of this contract, disclose any proprietary or confidential information relating to the services, contract or the client’s business or operations without the prior written consent of the client. 9.11 i) Force Majeure Notwithstanding the provisions of the tender, the vendor shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that, its delay in performance are other failure to perform its obligations under the contract is the result of an event of Force Majeure. ii) For purposes of this Clause, “Force Majeure” means an event beyond the control of the Consultant and not involving the Consultant and not involving the consultant’s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the client either in its sovereign or contractual capacity, wars or revolutions, fires, floods, equdemics, quarantine restrictions and freight embargoes. iii) If a Force Majeure situation arises, the vendor shall promptly notify the client in writing of such conditions and the cause thereof. Unless 10 otherwise directed by the client in writing, the vendor shall continue to perform its obligations under the contract as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. The client may terminate this contract, by giving a written notice of minimum 10 days to the vendor, if as a result of Force Majeure, the vendor being unable to perform a material portion of the services for a period of more than 30 days. 9.12 Governing Language The contract shall be written in the language of the bid, as specified by the client, in the instructions to the tenders. All correspondence and other documents pertaining to the contract which are exchanged by the parties shall be written in that same language. 9.13 i) Delay in the Consultant’s performance & penalty Services will be provided in accordance with the time schedule specified by the client. ii) An unexcused delay by the agency in the performance of its service obligations shall render him liable to Forfeiture of earnest money/security. iii) Hiding of facts by the consultant if revealed at any stage, would amount of forfeiture of Security and subsequently the firm may also be black listed. iv) If the consultant abandons the work for any reason whatsoever, the PSIEC may make full use of all or any of the drawings prepared/supplied by him and he shall be liable to refund all the fees paid to him up to the date plus such damages as assessed by the engineer-in-charge subject to maximum of 10% of the total allotted amount 9.14 i) Use of contract documents and information The consultant shall not, without the client’s prior written consent, disclose the contract or any provision thereof, or any specification or information furnished by or on behalf of client in connection therewith to any person other than a person employed by the Consultant in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. ii) The consultant shall not without the Corporation’s prior written consent, make use of any document or information. iii) Any document other than the contract itself shall remain the property of the client and shall be returned (in all copies) to the client on completion of the consultant performance under the contract if so required by the client. 11 Form for Financial Bid –Form ‘A’ (to be submitted in sealed Cover) The Executive Engineer-II PSIEC Udyog Bhawan , Sector 17, Chandigarh Sir, Sub: Financial Bid for Consultancy Services S.No 1. Description Consultation charges to be quoted by the Consultant of the total cost of Designing of Rigid/Flexible pavement, %age------the Project sewerage/storm sewerage system, OHSR and other allied services for the development of the Industrial Focal Point at Nabha. (Signature of the Authorized person) Date: Name: Place: Designation: Business address: 12 Form ‘B’ – Agreement Date Reference no. AGREEMENT THIS AGREEMENT PUNJAB SMALL is made INDUSTRIES on AND the ________2014 EXPORTS BETWEEN CORPORATION LTD CHANDIGARH having its Regd. Office at Udyog Bhawan, Sector-17, Chandigarh, India hereinafter referred to as “Corporation” ( which term or expression unless excluded by or repugnant to the subject or context shall mean and include its successors-in-office and assigns) of the FIRST PART: AND M/s ____________________________ incorporated in India udder the Companies Act, 1956 and having its registered office at _________________ (India) and place of business at _____________________________ hereinafter referred to as “The Architect” (which term or expression unless excluded by or repugnant to the subject or context shall mean and include its successors-in-office and assigns) of the SECOND PART: WHEREAS a) The Corporation is desirous that the consultant should implement the Project of Designing of Rigid/Flexible pavement, sewerage/storm sewerage system, OHSR and other allied services for the development of the Industrial Focal Point at Nabha. For the purpose, the Corporation floated Request for Proposal (-----------------------------------), for selecting Consultant to implement the project. b) The Consultant, having represented to the Corporation that it has the required professional skills, and personnel and technical resources, has agreed to provide the services on the terms and conditions set forth in this Contractor. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:a) In this agreement words and expressions shall have the same meanings as are respectively assigned to them in the RFP. b) The following documents in relation with Request for Proposal issued for selection of Consultants shall be deemed to form and be read and constructed as part of this Agreement viz: 13 1. 2. 3. 4. 5. Invitation for Proposal(IFP) Instruction to Bidders(ITB) General conditions of the Contract(GCC) Scope of work (SOW) All annexure, amendments, supplements, corrigendum or clarifications thereto 6. Notification of the award c) The contract shall begin from the date of signing of the contract, as and when the Project would be assigned to the Consultant. d) The mutual rights and obligations of the Corporation and the Consultant shall be as set forth in the Contract, in particular: 1. The Consultant shall carry out the services in accordance with the provisions of the contractors. 2. The Consultant shall provide professional, objective and impartial advice and at all times hold the Corporation’s interest paramount, strictly avoid conflicts with other assignments/jobs, downstream projects of their corporate interests and act without any consideration for future work: and 3. The Corporation shall make payments to the 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. Signed by (Name & designation) Authorized Signatory of the Corporation Signed by ( Name & designation) Authorized Signatory of the Consultant 14