MUNICIPAL CORPORATION GURGAONmcg.etenders.in/tpoimages/mcg/tender/Tender1756.pdf · MUNICIPAL CORPORATION GURGAON Expression of Interest for the Selection of Consultant TECHNICAL

MUNICIPAL CORPORATION GURGAON

Expression of Interest for the Selection ofConsultant

TECHNICAL CONSULTANCY SERVICE FOR IMPROVEMENT OFTRAFFIC SIGNAGES IN GURGAON

2014

Endst. No. EE-WSS/MCG/2014/4527-4552 Dated: 09-07-2014

1. Commissioner, Municipal Corporation Gurgaon.2. Deputy Commissioner, Gurgaon.3. Chief Engineer, Municipal Corporation Gurgaon.4. Superintending Engineer-I, Municipal Corporation Gurgaon.5. Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.6. Superintending Engineer, Public Health Engineering Circle, Gurgaon.

Municipal Corporation GurgaonWeb Site: - www.mcg.gov.in

SHORT TERM NOTICE INVITING TENDER/COMMUNITY PATICIPATION NOTICE

No. EE(WSS)/MCG/2014/4527-4552 Dated: 09-07-2014

On behalf of Commissioner, Municipal Corporation Gurgaon, Online bids are hereby invited /reinvited on prescribed forms from registered contractors with Municipal Corporation Gurgaon & other StateGovt./ Semi Govt. Corporations/ Boards of State of Haryana for similar nature for the following works:

Name of Work:

“TECHNICAL CONSULTANCY SERVICE FOR IMPROVEMENT OF TRAFFIC SIGNAGES INGURGAON”

Sr.No.of

work

DNITCost

Rs. inLacs

EarnestMoneyin Rs.

TimeLimit

inMont

hs

TenderDocument Feein Rs.

During date & TimeDownloading of TenderDocument alongwithTender fees

Online Bid preparationand hash submission

1. - 100000/- Nine 5000/- 20-07-2014 Up to 17:00 PM 20-07-2014 Up to 17:00PM

1. The Pre-bid Meeting Will be held on dated 15-07-2014 at 3.00 PM in the office of Chief Engineer,Municipal Corporation, Gurgaon.

2. Tender will be opened on dated 25-07-2014 from 09:00AM to 17:00 PM3. The detail tender notice can be seen on website: http://mcg.gov.in4. Possession of Digital Signature Certificate (DSC) and registration of the contractors on the portal i.e.

http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact o/o Nextenders (India) Pvt. Ltd., O/OExecutive Engineer, MCF, Near B.K. Chowk, Faridabad, Contact persons: Sh. Sanjay Kumar –8743042801.

5. For any other queries, please contact Executive Engineer, (WSS), Municipal Corporation Gurgaon (M)8826794016 Address: - New Colony Mor, P.H.E.D. Building Gurgaon.For further details and e-tendering schedule, visit website http://mcg.etenders.in

For & on behalf of Commissioner MCG

Executive Engineer (WSS)Municipal CorporationGurgaon

7. Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.8. GM, BSNL Gurgaon for taking necessary steps during execution of works.9. Chief Account Officer, Municipal Corporation Gurgaon.10. Executive Engineer I/ III/ IV/ V/VI/Roads, Municipal Corporation Gurgaon.11. Executive Engineer, Marketing Board, Gurgaon.12. Executive Engineer, Public Health Engineering Division, Gurgaon.13. Executive Engineer, PWD B&R Prov. Division No. 1 & 2, Gurgaon.14. Assistant Engineer- I/II (WSS), Municipal Corporation Gurgaon.15. Assistant Register, Cooperative Societies, Gurgaon.16. Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.17. PRO, Municipal Corporation, Gurgaon for publication in 1 Nos. English and 1 Nos. in

Hindi of Local News Paper.18. Notice Board, Municipal Corporation Gurgaon.19. CFC, Municipal Corporation Gurgaon for publication20. Various Contractors.

Executive Engineer (WSS)

Sr. No. MCG State Contractor Stage Start Date andTime

Expiry Date andTime

1 Release of Tender document 09-07-2014 09:00Hrs.

10-07-2014 17:00Hrs.

2

-

Downloading ofTender Documentsalongwith Tender

fees

10-07-2014 17:01Hrs.

20-07-2014 17:00Hrs.

3-

Online BidPreparation & Hash

Submission

10-07-2014 09:01Hrs.

20-07-2014 17:00Hrs.

4 Technical & Financial Lock - 21-07-2014 09:00Hrs.

21-07-2014 17:00Hrs.

5-

Re-Encryption ofOnline Bids

21-07-2014 17:01Hrs.

23-07-2014 17:00Hrs.

6

-

Manual Submissionof EMD &AdditionalDocuments

21-07-2014 17:01Hrs.

23-07-2014 17:00Hrs.

7 Open EMD & Technical/PQBid

-24-07-2014 09:00Hrs

24-07-2014 17:00Hrs.

8 Eligibility criteriaevaluation

-24-07-2014 09:00Hrs

24-07-2014 17:00Hrs.

9 Open Financial/Price-Bidtentative

-25-07-2014 09:00Hrs

25-07-2014 17:00Hrs.

Municipal Corporation Gurgaon

Improvement of Traffic Signages at Gurgaon Page 1

CONTENTS

Sl. No. Particulars Page

1. Section 1. Notice Inviting Proposals

Section 2. Part-I-Instructions to Agencies2.

Section 2. Part-II- Data Sheet

3. Section 3. Technical Proposal-Standard Forms

4. Section 4. Financial Proposal – Standard Forms

5. Section 5. Terms of Reference

6. Annexure: Standard Forms of Contract



Section 1MUNICIPAL CORPORATION GURGAON

Notice Inviting Proposals

Municipal Corporation Gurgaon has invited the proposals for the Improvement of Traffic Signages atGurgaon

Eligibility Criteria:

a) The agency can submit a proposal, if the agency is a Central Public Sector Undertaking (CPSU)or a State Public Sector Undertaking (SPSU) or State Undertaking or company substantiallyowned by the Govt. having experience in similar work.

b) The agency, as sole entity:i) should have done DPR/Feasibility study of urban roads including design of signages/street

furniture in the last 5 yearsii) should have done construction supervision of urban roads, RoB, underpasses, pedestrian facilities

in the last 5 yearsiii) must have successfully completed Traffic Study and Mobility Plan of at least 3 cities for similar

work in urban area, in the last 5 years. Details of the projects should be furnished along with thedocument proof like client’s certificate, agreement, offer letter etc.

iv) The average annual turnover of the bidder during past 3 years should be minimum INR 5 croreand net worth should be minimum INR 1 crore. The audited copies of the balance sheet andprofit & loss account for the last 3 years shall be enclosed with the technical bid.

Copies of the Request for Proposals (RFP) document can be collected from the office of the ChiefEngineer, Municipal Corporation Gurgaon on all working days till __________ 2014 between 10:00Hrs to 16:00 Hrs (IST) on payment of Rs. 5,000/- in the shape of demand draft of any scheduled bankpayable at Gurgaon in favour of Commissioner, Municipal Corporation Gurgaon. The document canalso be downloaded from www.mcg.gov.in

The bids will be opened in the presence of the prospective parties on _______________ at 11:00 hours(IST) in the office of Chief Engineer, Municipal Corporation, Civil Lines, Gurgaon.

Proposals shall be submitted in the office of the Chief Engineer, Municipal Corporation, Civil Lines,Gurgaon on or before ________________ till 15:00 hrs.Late or delayed submissions will not be accepted.

CommissionerMunicipal Corporation Gurgaon

Civil Lines RoadGurgaon, Haryana



Section 2Instructions to Consultants (ITC)

Part I1. Definitions

a) “Assignment / job” means the work to be performed by the Agency pursuant to theContract.

b) “Agency” means any eligible entity as per RFP which submits a Proposal and which uponselection, would provide Services to the Employer under the Contract.

c) “Contract” means the contract signed by and between Employer and the Agency and all itsattached documents.

d) “Day” means calendar day.

e) “Employer” means the Commissioner, Municipal Corporation Gurgaon, Haryana.

f) “Government” means the Government of India or Government of Haryana as the case maybe.

g) “Personnel” means professionals and support staff provided by the Agency or by any sub-agency and assigned to perform the Services or any part thereof.

h) “Proposal” means the Technical Proposal and the Financial Proposal, considered together.

i) “RFP” means the Request for Proposal issued by the Employer for the selection of Agency.

j) “Terms of Reference” (TOR) means the document included in the RFP as Section5 which explains the objectives, scope of work, activities, tasks to be performed by theAgency and the deliverables of the Assignment/job.

2. Introduction

2.1 The Employer, named in the Part II Data Sheet, will select an Agency in accordance with themethod of selection specified in the RFP including in the Part II Data Sheet.

2.2 The name of the Assignment/Job has been mentioned in Part II Data Sheet. Detailed scope ofthe Assignment/ job has been described in the Terms of Reference (TOR) in Section 5.

2.3 Date, time and address for submission of Proposals have been given in Part II Data Sheet.

2.4 Agencies are invited to submit a Proposal, for consulting Assignment/job named in ITC 2.2.

2.5 Agencies should familiarize themselves with local conditions and take them into account inpreparing their Proposal. Agencies are encouraged to attend a pre-Proposal meeting at the timeand venue as specified in the Part II Data Sheet.



2.6 The Employer will provide at no cost to the selected Agency various inputs and facilitiesspecified in the Part II Data Sheet, assist the Agency in obtaining licenses and permits needed tocarry out the Assignment/job, and make available relevant project data and reports.

2.7 Agencies shall bear all costs associated with the preparation and submission of their Proposalsand contract negotiation. The Employer is not bound to accept any Proposal, and reserves theright to annul the selection process at any time prior to Contract award.

3. Consortium Related Details

3.1 Agency may submit Proposal individually, in its sole capacity.

3.2 Agency must fulfill the criteria laid down in Part II Data Sheet.

4. Clarification and Amendment of RFP Documents

4.1 Agencies may request for a clarification on any clause of the RFP documents at the addresswithin the timelines indicated in the Part II Data Sheet. The Employer will respond in writing, orby standard electronic means and will send copies of the response to all Agencies.

4.2 At any time before the due date for submission of Proposal, the Employer may amend the RFP byissuing an addendum in writing or by standard electronic means.

5. Conflict of Interest

5.1 Employer requires that Agency provide professional, objective, and impartial advice and at alltimeshold theEmployer’sinterestsparamount,strictlyavoidconflicts with other Assignment/jobs ortheir own corporate interests and act without any consideration for future work

5.2 Without limiting the generality of the foregoing, Agency, and any of their sub-agency(s), shall beconsidered to have a conflict of interest when:

(i) Conflicting Assignment/job: A Agency (including its Personnel and Sub-Agency) or anyof its affiliates shall not be hired for any Assignment/job that, by its nature, may be inconflict with another Assignment/job of the Agency to be executed for the same or anotherEmployer.

(ii) Conflicting relationships: A Agency (including its Personnel and sub-agency)that has abusiness or family relationship with a member of the Employer’s staff and who is directlyor indirectly involved in any part of (a) the preparation of the Terms of Reference of theAssignment/job, (b) the selection process for such Assignment/job, or (c) supervision of theContract, may not be awarded a Contract.

5.3 Agencies have an obligation to disclose any situation of actual or potential conflict that impactstheir capacity to serve the best interest of the Employer, or that may reasonably be perceived ashaving this effect. If the Agency fails to disclose said situations, it may lead to disqualificationof the Agency during the bidding process or the termination of its Contract during execution ofAssignment.



5.4 Unfair Advantage: If a Agency could derive a competitive advantage from having providedconsulting Assignment/job related to the Assignment/job in question and which is not defined asconflict of interest as per para 5.2 above, the Employer shall make available to all Agencytogether with this RFP all information that would in that respect give such Agency anycompetitive advantage over competing Agencies.

6. Proposal

A Agency must only submit one Proposal. If a Agency participates in more than one Proposal,all such Proposals shall be rejected and not considered for the purposes of evaluation under theRFP.

7. Proposal Validity

The Part II Data Sheet indicates how long Agencies’ Proposals must remain valid after thesubmission date. During this period, Agencies shall maintain the availability of Professionalstaff nominated in the Proposal and also keep their Financial Proposal unchanged. Should theneed arise; however, the Employer may request Agencies to extend the validity period of theirProposal. Agencies who do not agree have the right to refuse to extend the validity of theirProposal; under such circumstance the Employer shall not consider such Proposal for furtherevaluation.

8. Eligibility Criteria:

The Agency submitting a Proposal must fulfill the criteria laid down in the Part II: Data Sheetfor it to become eligible for submitting Proposal in response to this RFP.

9. Preparation of Proposal

9.1 The Proposal as well as all related correspondence exchanged by the Agencies and the Employershall be written in the English language.

9.2 While preparing the Technical Proposal, Agencies must ensure that alternative professional staffis not proposed and only one curriculum vita (CV) may be submitted for each position.

9.3 Technical Proposal: Agencies are required to submit Technical Proposal (TP) informs providedin Section-3. The Part II Data sheet in Section-2 also indicates the formats of the TechnicalProposal to be submitted. Submission of the Technical Proposal not complying with therequirements will result in the Proposal being deemed non-responsive. Content of the TechnicalProposal is prescribed below:

a) Form TECH-1 in Section-3 is cover letter accompanying Technical Proposal.

b) A brief description of the Agency’s organization will be provided in Form TECH-2. In thesame Form, the Agency will provide details of experience of eligible Assignments.



c) A description of the technical approach, methodology and work plan for performing theAssignment/job (Form TECH-3 of Section 3).

d) The list of the proposed key Professional staff by area of expertise, along with theirCurriculum Vitae (CV) duly signed by the concerned staff or authorized representative, theposition that would be assigned to each staff team member and their tasks, is to be providedin Form TECH-4 of Section 3.

e) Project Scheduling & Planning (Form TECH-5 of Section 3).

f) Power of Attorney / authorisation in favour of person signing the Proposal.

9.4 The Technical Proposal shall not include any financial information. A Technical Proposalcontaining financial information may be declared non- responsive.

9.5 Financial Proposal: The Financial Proposal shall be prepared using the attachedStandard Forms(Form FIN-1 in Section 4).

9.6 The Financial Proposal shall not include any conditions attached to it and any such conditionalFinancial Proposal shall be summarily rejected.

9.7 The Estimated Project Cost (EPC) for the purpose of this RFP shall be Indian Rupees (INR) 8.75Croresin total. The tentative cost has been arrived at for the project on the basis of estimate ofexpenditure done on construction of other works of similar nature in National Capital Region(NCR). It is hereby clarified that the actual payment to the successful agency, under the contract,shall be restricted to Estimated Project Cost or actual cost of the project whichever is minimum.Theactual cost of the project shall be worked out as provided in Annexure 3 of the draft contract.

10. Taxes

All applicable taxes except service tax will be included in the financial proposal in Form FIN-1 inSection 4. Service tax will be paid extra at applicable rates.

11. Currency

Subject to provisions of ITC 9.7 above, Agencies shall express the price of their Assignment/jobin percentage of the estimated project cost (EPC), which will then be converted to absoluteamount in Indian Rupees (INR) for the purpose of evaluation as per ITC 13.

12. Submission, Receipt and Opening of Proposals

12.1 Submission letters for both Technical Proposal and the Financial Proposal should respectively bein the format of TECH-1 of Section 3, and FIN-1 of Section 4.

12.2 An authorized representative of the Agency shall initial all pages of the original Technical andFinancial Proposals. The authorization shall be in the form of a written power of attorneyaccompanying the Proposal or in any other form demonstrating that the representative has beendully authorized to sign. The signed Technical and Financial Proposals shall be marked



“ORIGINAL”.

13.1 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearlymarked “TECHNICAL PROPOSAL” Similarly, the original Financial Proposal shall be placed ina sealed envelope clearly marked “FINANCIAL PROPOSAL” followed by the name of theAssignment/job. The envelopes containing the Technical Proposals and Financial Proposal, shallbe placed into an outer envelope and sealed. This outer envelope shall bear the submissionaddress, reference number be clearly marked “DO NOT OPEN, BEFORE______________________”. The Employer shall not be responsible for misplacement, losing orpremature opening if the outer envelope is not sealed and/or marked as stipulated. If the FinancialProposal is not submitted in a separate sealed envelope duly marked as indicated above, this maybe ground for declaring the Proposal non-responsive.

12.4 The Proposals must be sent to the address/addresses indicated in the Data sheet and received bythe Employer no later than the time and the date indicated in the Data sheet, or any extension tothis date in accordance with para 4.2 above. Any Proposal received by the Employer after thedeadline for submission shall be returned unopened.

13. Proposal Evaluation

13.2 The Agencies should not contact the Employer on any matter related to its Technical and/orFinancial Proposal. Any effort to influence the Employer in the examination or evaluation ofproposals may result in the rejection of the Agency’s Proposal.

13.3 The Employer has constituted Agency Selection Committee (CSC) which will carry out the entireevaluation process.

13.4 Evaluation of Technical Proposals: CSC while evaluating the Technical Proposalsshall have noaccess to the Financial Proposals until the technical evaluation is concluded and the competentauthority accepts the recommendation.

13.5 The CSC shall evaluate the Technical Proposals on the basis of their responsiveness to the Termsof Reference and by applying the evaluation criteria, sub-criteria specified in the Data sheet. Inthe first stage of evaluation, a Proposal shall be rejected if it is found deficient as per therequirement indicated in the Data sheet for responsiveness of the Proposal. Only responsiveProposals shall be further taken up for evaluation. Evaluation of the technical Proposal will startfirst and at this stage the financial bid (Proposal) will remain unopened. The qualification of theAgency and evaluation criteria for the technical Proposal shall be as defined in the Data sheet.

13.6 Public opening & evaluation of the Financial Proposals:

Financial Proposals of only those entities that are technically qualified shall be opened on the date& time to be specified later, in the presence of the Agencies’ representatives who chose to attend.The name of the Agencies, their technical score and their financial Proposal shall be read aloud.

13.6 The CSC will correct any computational errors. When correcting computational errors between



word and figures, the former will prevail.

13.7 After opening of Financial Proposals, selection method as described in the Data Sheet: DetailedEvaluation Method shall be applied to determine the Agency eligible for award of Contract. Theselected Agency will be invited for negotiations, if considered necessary.

14. Negotiation of Contract

14.1 Negotiations may be held at the date, time and address intimated to the selected Agency.

14.2 Technical negotiations:

Before final MOU is signed, negotiations on technical and financial proposal may be done toclarify the work plan, staffing schedule, logistics etc.

14.3 Financial negotiations:

Under no circumstance, the financial negotiation shall result in to increase in the price originallyquoted by the Agency. Unless there are exceptional reasons, the financial negotiations willinvolve neither the remuneration rates for staff nor other proposed unit rates.

14.4 Availability of Professional staff/experts: The Employer expects to negotiate a Contract on thebasis of the Professional staff named in the Proposal. Before contract negotiations, the Employerwill require assurances that the Professional staff will be actually available.

15. Award of Contract

15.1 The Employer shall issue a Letter of Intent (LOI) to the selected Agency and promptly notify allother Agencies who have submitted Proposals about the decision taken.

15.2 Unless otherwise agreed, the Agency will sign the Contract within 15 days of issuance of LOI.

15.3 The Agency is expected to commence the Assignment/job on the date and at the location specifiedin the Part II Data Sheet.

16. Confidentiality

Information relating to evaluation of Proposals and recommendations concerning awards shall notbe disclosed to the Agencies who submitted the Proposals or to other persons not officiallyconcerned with the process, until the publication of the award of Contract. The undue use by anyAgency of confidential information related to the process may result in the rejection of itsProposal and may be subject to the provisions of the Employer’s anti fraud and corruption policy.

17. Dispute Redressal Mechanism:

17.1 The Employer and the Agency shall make every effort to resolve amicably by direct informalnegotiation any disagreement or dispute arising between them in connection with or under theContract.

17.2 If after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by



such mutual consultation, then either the Employer or the agency may give notice to the otherparty of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute,and no arbitration in respect of this matter may be commenced unless such notice is given.Arbitration proceedings shall be conducted in accordance with the rules of procedure under theArbitration & Conciliation Act, 1996, and the place for such proceedings shall be only atGurgaon.

18. Transparency & Disclosure provision:

18.1 Employer shall publish the results identifying the Proposal and lot numbers and the followinginformation: (i) name of each Agency who submitted a Proposal; (ii) name and evaluated prices ofeach Proposal that was evaluated; (iii) name of Agency whose Proposal were rejected and thereasons for their rejection; and (iv) name of the winning Agency, and the price offered, etc.



Instructions to Agencies (ITA)

Part-II: Data Sheet

SlNo.

Ref. ofITC

Particulars of Data Sheet

1 2.1 Name of the Employer: Commissioner, Municipal Corporation, GurgaonHaryanaTelephone: 0124-222011 Facsimile: 0124-2225243E-mail: [email protected]

2 2.2 Name of the Assignment/job is: Provision of Technical Consultancy Servicefor Improvement of Traffic Signages in Gurgaon

3 2.3 Last Date, time and address for submission of Proposal:Last Date : ____________ Time : upto 15:00 hrsAddress : Commissioner, Municipal Corporation Gurgaon, Civil Lines Road,Gurgaon Haryana - 122001

4 2.5 Opening of Bidwill be held onDate: ________________Time : 11:00amVenue: Chief Engineer, Municipal Corporation, Civil Lines, Gurgaon

5 2.6 The Employer will provide the following inputs and facilities:Site map, project area and indicative project cost. Visit to site will be allowedwith prior permission



6 3.1 Eligibility Criteria:

a) The agency can submit a proposal, if the agency is a Central Public SectorUndertaking (CPSU) or a State Public Sector Undertaking (SPSU) orState Undertaking or company substantially owned by the Govt.(substantially owned means at least 50% stake of Govt.) havingexperience in similar work.

b) The agency, as sole entity:i) should have done DPR/Feasibility study of urban roads including design

of signages/street furniture in the last 5 yearsii) should have done construction supervision of urban roads, RoB,

underpasses, pedestrian facilities in the last 5 yearsiii) must have successfully completed Traffic Study and Mobility Plan of

atleast 3 cities for similar work in urban area, in the last 5 years. Detailsof the projects should be furnished along with the document proof likeclient’s certificate, agreement, offer letter etc.

iv) The average annual turnover of the bidder during past 3 years should beminimum INR 5 crore and net worth should be minimum INR 1 crore.The audited copies of the balance sheet and profit & loss account for thelast 3 years shall be enclosed with the technical bid.

v) should have in house service of transport planner, traffic engineers,Structure design, Civil Engineerand Financial Analyst with post-graduation qualification in respective discipline and each should haveminimum 10 years of experience.

vi) The bidder should not have any pending litigation & non-performingcontracts during last 5 years. Further any bidder which have been barredby Government of India/any State Government/ Government Agency,Supreme Court and the bar subsists as on the date of Proposal submissionwould not be eligible to submit a Proposal.

7 4.1 Clarifications may be requested till the date of Pre-Proposal meeting. The addressfor requesting clarifications is:Fax: 0124-2225243E-mail: [email protected]

8 7 Proposals must remain valid for 120 (one hundred twenty) days after thesubmission date,

9 9.3 The formats of the Technical Proposal to be submitted are:Form Tech 1: Letter of Proposal submissionForm Tech 2 : Agency’s organization & experienceForm Tech 3 : Approach & methodologyForm Tech 4 : Team compositionForm Tech 5 : Project Scheduling & Planning

10 11 Deleted



12 12.3 Agency must submit the original and one copy of the Technical Proposal, and theoriginal of the Financial Proposal.

13 13.4 Prior to evaluation of Proposals, Employer will determine whether each Proposalis responsive to the requirements of the RFP document. A Proposal shall beconsidered responsive if it satisfies all the criteria stated below:(a) It is received by the Proposal due date.(b) It is signed, sealed, and marked as stipulated.(c) It contains the information and documents as requested in the RFP.(d) It provides the information in reasonable detail. (“Reasonable Detail” meansthat, but for minor deviations, the information can be reviewed and evaluated byEmployer without communication with the Agency). Employer reserves the rightto determine whether the information has been provided in reasonable detail.(e) There are no inconsistencies between the Proposal and the supportingdocuments.(f) It does not contain any condition or qualification.

Agencies are expected to submit a complete Proposal in all respect. All therequired documents and details must be included. In the absence of the same,leading to material deviation or reservation, the Proposal is liable to be rejected.

Employer reserves the right to reject any Proposal which in its opinion is notresponsive and no request for modification or withdrawal shall be entertained byEmployer in respect of such Proposals.Only those Technical Proposals that are found to be responsive shall be furtherevaluated on the following parameters:

Sl Evaluation Criteria Maximum Marks1 Specific experience of the Agency, as sole

entity, relevant to the Assignment/job40 Marks

2 Adequacy of the proposed methodologyand Work plan in response to the terms ofreference

35 Marks

3 Key Professional staff for the Assignment/ job

25 Marks

Total 100 Marks

Criteria, sub-criteria and point system for evaluation to be followed under thisprocedure are as under:Agency, as sole entity or Consortium, relevant to the

Assignment/job40 marks

should have done DPR/Feasibility study of urbanroads including design of signages/street furniture inthe last 5 years

10 marks



One projectTwo Projects

Three or more Projects

5 marks7 marks10 marks

i) should have done construction supervision of urbanroads, RoB, underpasses, pedestrian facilities in thelast 5 years

15 marks

One projectTwo Projects

Three or more Projects


i) must have successfully completed Traffic Study andMobility Plan of atleast 3 cities for similar work inurban area, during the last five years. Details of theprojects should be furnished along with the documentproof like client’s certificate, agreement, offer letteretc.

15 marks

3 Cities4 Cities5 Cities


(ii) Adequacy of the proposed methodology and ProjectScheduling & Planning in response to the Terms ofReference [Details in Tech Forms-3 & 5].

(a) Technical approach & methodology [see TECHFORM-3]

(b) Project Scheduling & Planning [see TECH FORM- 5]

35 marks

25 marks

10 marks

(iii) Key Professional staff for the Assignment / job andquality systems

25 marks

Qualifications and competency of each of the key professional will be evaluatedseparately

The marks for key professionals will be furtherdivided as under:

a) Team Leader

b) Other key professionals, relating to design,supervision etc (see Form Tech-4)

(25%)

(75% ) in total & equalscore assigned to eachprofessional staff proposed)



For evaluation of each of the key professionals the following sub- criteria shall befollowed:

A Educational qualifications 30%

B Adequacy for the Assignment / job 70%

14 13.7 Method of Selection:The technical quality of the Proposal will be given weightage of 80%, the method ofevaluation of technical qualification will follow the procedure given above.The Price Proposals of only those Agencies who qualify technically that is who scoreminimum 70 out of 100 marks will be opened. The Proposal with the lowest costmay be given a financial score of 100 and the other Proposal given financial scorethat are inversely proportionate to their prices. The financial Proposal shall beallocated weight of 20%. For working out the combined score, the employer will usethe following formula:Total points = T (w) x T (s) + F (w) x LEC / EC,whereT (w) stands for weight of the technical score.T (s) stands for technical scoreF (w) stands for weight of the Financial ProposalEC stands for Evaluated Cost of the Financial ProposalLEC stands for Lowest Evaluated Cost of the Financial Proposal.The Proposals will be ranked in terms of total marks scored. The Proposal with thehighest total marks (H-1) will be considered for award of contract and will be calledfor negotiations, if required.

15 15.3 Expected date for commencement of consulting Assignment/job: immediately afterapproval of the DPRLocation: At Gurgaon, Haryana



Section 3

Technical Proposal - Forms



FORM TECH-1

LETTER OF PROPOSAL SUBMISSION[Clause 9.3, Section 2, Instructions to Agencies (ITC), Part I]

[Location, Date]

To: [Name and address of Employer]

Dear Sir:

We, the undersigned, offer to provide Consultancy Services ________________________________________________________________________________________________ inaccordance with your Request for Proposal. We are hereby submitting our Proposal, which includes thisTechnical Proposal, and a Financial Proposal sealed under separate envelops.

We are submitting our Proposal in association with: [Insert a list with full name and address ofnamedsub-agency, as applicable]

We hereby declare that all the information and statements made in this Proposal are true and accept thatany misinterpretation contained in it may lead to our disqualification.

Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations, ifany.

We understand that you are not bound to accept any Proposal you receive.

Yours sincerely,

Signature of Authorized Signatory

Name:

Title:

Address:



FORM TECH-2

AGENCY’S ORGANIZATION AND EXPERIENCE[Clause 9.3, Section 2, Instructions to Agencies (ITC), Part I]

A . Agency’s Organization

[Provide here a brief description of the background and organization of the entity for thisAssignment/job.]

B . Agency’s/Consortium’s Experience

Using the format below, provide information on each assignment/job for which your firm, and/orthe consortium member as well as identified and named sub-agency(s), was legally contractedeither individually as a corporate entity or as one of the major partners within an association, forcarrying out consulting assignment/job similar to the ones requested under this Assignment/job.

Firm’s name:

1 Assignment/job name:

1.1 Description of Project

1.2 Approx. value of the contract (in Rupees):

1.3 Location:

1.4 Duration of Assignment/job (months) :

1.5 Name & address of Employer:

1.6 (i) Start date(ii) Completion date

1.7 Description of the activities performed by your staffwithin the overall Assignment/job

Note: Please provide documentary/material evidence from the client i.e. copy of workorder, contract, Purchase Order, Agreement, etc in support of above mentionedAssignment/job.



FORM TECH-3

DESCRIPTION OF APPROACH, METHODOLOGY AND WORKPLAN FOR PERFORMING THE ASSIGNMENT/JOB

[Clause 9.3, Section 2, Instructions to Agencies (ITC), Part I]

[Technical approach, methodology and work plan are key components of the Technical Proposal]

[You should explain your understanding of the objectives of the Assignment/job, approach to theAssignment/job, methodology for carrying out the activities and obtaining the expected output, and thedegree of detail of such output. You should highlight the problems being addressed and theirimportance, and explain the technical approach you would adopt to address them. You should alsoexplain the methodologies you propose to adopt and highlight the compatibility of those methodologieswith the proposed approach.

Approach and methodology should, inter alia, cover the Agency’s proposed approach regarding thefollowing:

Evaluation and analysis of site and surroundings. Preparation of project requirements. Highlights of design and design efficiencies. Detailed engineering brief containing proposed technology Optimization strategies for manpower deployment. Measures proposed to be taken for achieving financial economies



FORM TECH-4

TEAM COMPOSITION[Clause 9.3 Section 2, Instructions to Agencies (ITC), Part I]

1. Key Professional Staff

Sl. No. Name of Name of Area of Position / Task assignedStaff Firm Expertise

Team Leader

Transport Planner

Traffic Engineer

Financial Analyst

Structural Engineer

**

**Any other specialty agencies as may be required to complete the assignment.

2. Curriculum Vitae (CV) of Key Professional Staff listed above to be attached, dulyauthenticated



FORM TECH-5

PROJECT SCHEDULING & PLANNING[Clause 9.3 Section 2, Instructions to Agencies (ITC), Part I]

Project Scheduling & Planning.

The Agency should propose and justify the main activities of the Assignment/job, their content andduration, phasing and interrelations, milestones (including interim approvals by the Employer), anddelivery dates of the reports. The proposed work plan should be consistent with the technical approachand methodology, showing understanding of the TOR and ability to translate them into a feasibleworking plan.

1 Indicate all main activities of the Assignment/job including design, construction, ,commissioning

2 Duration of activities shall be indicated in the form of a bar chart.

3. Brief description will be given of management systems & tools employed



Section 4

Financial Proposal - Forms



FORM FIN-1

FINANCIAL PROPOSAL SUBMISSION FORM[Clause 9.5 Section 2, Instructions to Agencies (ITC), Part I]

[Location, Date]

To:[Name and address of Employer]

Dear Sir:

We, the undersigned, offer to provide Consultancy Services _____________________________________________________________________________________________________ Haryanain accordance with your Request for Proposal and our Technical Proposal.

We hereby submit our Financial Proposal at the following rate:

A. Fees for Consultancy Services –

S. No. Description Estimated Qty

Unit Rate Amount in INR

1 Preparation of Signage Guidelines 1 Lumpsum

2 Preparation of Project specification including

Survey, Identification of Locations with

Designs, Drawings and

350 Per Km

3 Preparation of bidding documents for selection

of contractor, Assistance in bid process

management and selection of contractor

1 Lumpsum

4 Supervision of construction during project

implementation phase.6 Per

Month

Total

This amount is inclusive of all applicable taxes except service tax which shall be paid extra at prevailingrates.

The amount quoted above is based on the estimated quantity which can be increased or decreased asbelow:

In context to S.No. 2 of above mentioned table, any increase/decrease in length of road, the amount



quoted shall be suitably adjusted proportionality to the amount quoted in per kilometer, subject tominimum length of 200 km payable to consultant.

In context to S.No. 4 of above mentioned table, time period considered for implementation of the ProjectManagement Servicesis 6 months, beyond which the additional fee for Project Management Servicesshall be paid as on pro-rata based on per month bases.

We hereby confirm that the Financial Proposal is unconditional and we acknowledge that any conditionattached to Financial Proposal may result in rejection of our Financial Proposal.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contractnegotiations, if any, as per RFP.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,Signature of Authorized Signatory

Name:

Title:

Address:



Section 5

Terms of Reference



Terms of ReferenceBackground, Objectives and Detailed Scope of the Assignment

Introduction:Municipal Corporation of Gurgaon was formed in 2008 keeping in mind the growing need for a formalcivic structure in Gurgaon. As per Haryana Municipal Corporation Act,1994, the Governor of Haryanadeclared the constitution of Municipal Corporation of Gurgaon in June 08’.New Gurgaon has witnessed sudden boom of population. With the advent of MNCs and IT companies inlarge numbers, the city had experience an unplanned growth of population. Although HaryanaGovernment has projected Gurgaon as a millennium city, the infrastructure of Gurgaon has seriouslacunas. Broken roads, lack of law and order, inadequate power and water, and absence of publictransport are some of the serious problems facing Gurgaon. General public has to face a number ofproblems on a day to day basis and a general common body was required to focus on citizen’s welfare.The role of MCG is to look after the basic needs of the citizens and work towards the development ofinfrastructure for betterment of citizen’s life.

Role of Municipal Corporation of Gurgaon

Municipal Corporation of Gurgaon holds the responsibility of taking care of each and every aspect ofcitizen’s welfare. Following is a list of a few important things that MCG takes care of:

o Construction of New Roadso Maintaining Old Roadso Road Signages and road furnitureo Building and Maintaining Parks for Public Utilityo Maintenance of Sewage Systemo Proper Drainage Systemo Rain Water Harvestingo Making Provision for Sufficient and Safe Drinking Water

Apart from these the MCG also undertakes activities like issuing Birth and Death certificates, HousingTax Collection, Garbage Dumping, and so on.

Working of MCG

MCG is a Government body formed by the Haryana State Government. The Corporation is a legislativebody that drafts principals for the governance of the city. The committee is Signature of TendererSignature of Engineer-In-Charge headed by a commissioner who is the head of the executive wing of thecommittee. The Commissioner is responsible for implementing and executing the policies.MCG has Councilors or representatives from various areas in Gurgaon who will act as a bridge betweenthe committee and common public. The purpose is to carry overall and uniform developmental work forthe welfare of the citizens. For selecting the councilors, MCG shall hold elections in every 5 years.Citizens will select a suitable councilor by the process of voting and that candidate will represent thepublic in each ward.

Initiatives taken by MCG in last few year



o Construction of Bio Diversity Park to maintain a healthy ecological systemo Inception of Gaushala to provide a shelter to stray cattleo Renovation of Cremation Groundo Putting a proper Sewage system in placeo Employing residents to monitor roads

Gurgaon has been divided into 4 zones with 35 wards.

Project Background

The purpose of Road Signs is to promote road safety and efficiency by providing for the orderlymovement of all road users on all roads in both urban and non-urban areas. Road signs notify road usersof regulations and provide warning and guidance needed for reasonable safe, uniform and efficientoperation.

MCG has been taking up various important urban infrastructure development initiatives for theIntegrated Development of the Gurgaon considering present & future development. MCG intends to takeup road signages along the roads / corridors / sub arteal roads within Gurgaon MunicipalCorporationarea.

SCOPE OF SERVICES OF THE AGENCY:

Scope of services (“Services”) shall be as described below:

Phase I: Preparation of the Tender Document

2.1 Preparation of Signage Guidelines

A Signage Guideline document would be prepared taking into account IRC and other

international guidelines for barrier free environment. This will be in line with the current NUTP

and Gurgaon master-plan requirements, and cover specific requirements such as bicycle

infrastructure and barrier free environments.

The Location Guidelines of signages will be based on the International Standard Reaction Time,

Visual Distances, Orientation and Lateral and Vertical Clear Distances. The guidelines would

also include specifications, like size, color, mounting details, etc. as per road types (like Arterial

roads, Distributary Roads, Access roads etc).

Consultant would prepare detailed designs drawings of 1:20/1:50/1:100 scale for the following:

o Signage Typology: Detailed drawings of the Typical Signages at 1:20 scale with Color,

Content and Text and Symbol heights.



o Designing Mounting Type:- Single pole, Double pole, Cantilevered Pole or Portal frame

Gantry.

o Foundation Type

o Structural Design for mounting and foundation of Signages.

2.2 Detailed Design and specifications.

i. Site Reconnaissance survey.ii. Inventory of existing signages

iii. Location Plans of 1:500 scales to be prepared for all the proposed roadsiv. Type of Signages with their Locationv. All types of crossings, intersections, junctions, mid-blocks and service lanes

vi. Develop Designs as part of this engagement throughout the area of its jurisdictionvii. Prepare detailed design including structures and drawings for signages.

viii. Implementation of Re-designed Signage Schemeix. Prepare specifications and Bill of Quantities (BOQ).x. Estimation of Capital Expenditure (CAPEX).

2.3 Tender Management/ Bid Process Management.

(a) Prepare pre-qualification criteria for short-listing of construction agencies.(b) Prepare the tender documents comprising of the following:-

(i) Notice inviting tender.(ii) Instruction to tenderers.(iii) General conditions of contract.(iv) Special conditions of contract.(v) Technical specifications.(vi) Tender drawings.(vii) Bill of quantities.(viii) Assist MCG for Evaluation of Bids including Award of Works.(ix) Any other document, as may be required.

2.4 Project Management Services

(i) Issue drawings to contractor for construction(ii) Review and approval of drawings, documents schedules submitted by Contactor.(iii) Supervision and quality control of Signages executed by Contractor.(iv) Certification of payment made to Contractor.(v) Review and monitor the progress of works.(vi) Assist MCG to issue provisional completion certificate to contracting agency.





4 DELIVERABLES AND TIMELINES:

Stage DurationPreparation of Signage Guidelines

2 weeks

Detailed Design and specifications 4 weeks

Tender Management/ Bid Process Management 6 weeks

Project Management Services 6 months

Total 9 months



Annexure

STANDARD FORMS OF CONTRACT

Consulting Services



CONTRACT AGREEMENT FOR ______________________________________________________________________

____________________________

between

[name of the Client]

and

[name of the Agency]

Dated:



This agreement (“Contract”) is entered into on this day the ___day of ___ , 2014

Between Municipal Corporation Gurgaon, acting through Commissioner, Municipal CorporationGurgaon (hereinafter referred to as“Employer” which expression shall unless repugnant to the context ormeaning hereof mean and include its successors or assign) of the First Part; and

_________________________________________________________, having its registered office at

____________________________________, acting through its authorized representative (hereinafterreferred to as “Agency” which expression shall, unless repugnant to the context thereof, include itssuccessors and permitted assigns), of the Second Part;

Individually referred to as “the Party” and collectively referred to as “Parties”.

WHEREAS

(a) the Agency, having represented to the “Employer” that he has the required professional skills,personnel and technical resources, has offered to provide in response to the Request for Proposaldated issued by the Employer ;

(b) the “Employer” has accepted the offer of the Agency to provide the services on the terms andconditions set forth in this Contract.

NOW THEREFORE IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER

Article 1 Definitions

1.1 Definitions

The following terms shall have the meanings hereby assigned to them for the purposes of thisAgreement unless defined otherwise:

‘Approval’ shall mean written or verbal instructions, directions and consent provided byEmployer from time-to-time relating to the Project.

‘Agreement’ or ‘Contract’ shall means this agreement including the Annexure hereto and anyamendments made thereto in accordance with the provisions contained in this agreement.

‘Contractor’ means any agency or agencies appointed by Agency, for carrying out constructionof or supply for the Project.

‘Core Group’ means the group constituted by Employer comprising senior officials ofassociated departments / agencies for discussions and providing prompt clearances for utilitydiversion / traffic diversion Proposals and also day to day administrative decisions, for smoothexecution of the Project.

‘Detailed Estimated Cost’ shall mean the cost estimate based on the detailed design drawings.



‘Liquidated Damages (LD)’: to settle the issue of payment in case of default or otherwiseonaccount of termination of the project.

‘Month’ shall mean calendar month.

‘Project’ shall mean Providing Technical Consultancy Service for Improvement of TrafficSignages in Gurgaon

‘Project Contract’ shall mean any/all contract(s) to be entered into by the Agency with theContractors.

‘Site’ shall mean the land and other areas required for execution of the Project.

Article 2 Scope of Services

2.1 Subject to the provisions of this Contract, Agency shall be responsible for discharging the Scopeof Services set out in Annexure 1.

Article 3: Obligations of Agency

3.1 Standard of Performance

The Agency shall perform its services and carry out its obligations hereunder with all duediligence, efficiency and economy, in accordance with generally accepted professionaltechniques and practices, and shall always observe sound management practices. It shall cause tobe employed appropriate advanced technology and safe and effective equipment, machinery,materials and methods in connection with the Project at all stages of the Project. The Agencyfurther covenants with Employer to furnish its best skill, care, diligence, and judgement in therendition of all services under this Agreement which shall be no less than that exercised by aAgency of good reputation performing work for projects of a size, scope and complexity similarto the Project and to further the interest of Employer at all times through efficient businessadministration, management and construction management services.

3.2 Standard of Care

Agency acknowledges the relationship of trust and confidence established between the Agencyand Employer by this Agreement. Accordingly, the Agency’s acts shall be consistent with thisrelationship. The Agency shall always act, in respect of any matter relating to this Agreement, asan honest and faithful adviser to Employer. The Agency shall at all times support and safeguardEmployer’s legitimate interests in any dealings with the Contractor or other third parties.

3.3 Personnel, Sub-Agencies and Consortium Members

3.3.1 The Agency shall employ such qualified and experienced personnel as are required to perform itsservices hereunder in a proper, effective and timely manner. The Agency shall employ, in



connection with the Project, only such personnel as are acceptable to Employer. If required, theAgency shall submit to Employer for written approval the biographical data of all suchpersonnel. If Employer does not object in writing (stating the reasons for the objection) withinthirty (30) calendar days from the date of receipt of such biographical data, such personnel shallbe deemed to have been approved by Employer. The Agency shall make changes in its personnelonly with the advance, written permission of Employer which shall not be unreasonablywithheld. Employer may require the Agency to remove from the work/Project any of itsapproved personnel to which Employer develops a reasonable objection and thereupon theAgency shall forthwith provide as a replacement a person of equivalent or better qualificationsacceptable to Employer, such replaced person to be inducted only after written approval byEmployer. If Employer (i) finds that any of the Agency’s personnel has committed seriousmisconduct or has been charged with having committed any criminal act, or (ii) has reasonablecause to be dissatisfied with the performance of any of the personnel, then the Agency shall, atEmployer’s written request specifying the grounds therefor, forthwith provide as a replacement aperson with qualifications and experience acceptable to Employer.

3.3.2 The Agency shall employ only such sub-agencies that have been named and identified in itsproposal submitted in response to RFP. The Agency shall not change its sub-agencies orConsortium Member who were evaluated during the RFP process. The engagement of any sub-agency by the Agency shall not relieve the Agency of any of its obligations under thisAgreement.

3.4 Adherence to Law

The Agency shall perform the work/services under this Agreement in accordance with theapplicable laws, bye-laws, rules, regulations, etc and shall also ensure that any sub-agencies, aswell as any personnel of the Agency and/or sub-agencies and agents, comply with the applicablelaws, bye-laws, rules, regulations etc.

3.5 Agency Not to Benefit from Commissions Discounts, Etc.

The remuneration of the Agency pursuant to Article 5 of this Agreement shall constitute theAgency’s sole remuneration in connection with this Agreement and the Project. The Agencyshall not accept for its own benefit any trade commission, discount or similar payment in thedischarge of its obligations hereunder and the Agency shall ensure that its personnel, agents, sub-agencies, etc. similarly shall not receive any such additional remuneration. The Agency shall atall times perform its responsibilities hereunder in the best interest of Employer. Any discounts orcommissions obtained by the Agency in exercise of its responsibilities hereunder, whether fromsub-agencies, Contractor or any third parties shall be to the account of Employer.

3.6 Insurance and other liabilities to be taken out by the Agency :

The Agency shall:

(i) Take out and maintain, and shall cause any sub-agency to take out and maintain at their



(or the sub-agency’s as the case may be) own cost insurance against the risks, and for thecoverage, as specified in (a) to (c) below:

(a) Third party motor vehicle liability insurance as required under Motor Vehicle Act 1988 inrespect of motor vehicles operated in India by the Agency or its personnel or any subAgency or its personnel for the period of this Agreement;

(b) Employer’s liability and worker’s compensation insurance in respect of the personnel of theAgency and of any sub Agency, in accordance with relevant provisions of the applicablelaw, as well as, with respect to such personnel, any such life, health accident, travel or otherinsurance as may be deemed appropriate by Agency; and

(c) Insurance against other risks that Agency may consider reasonably appropriate.

(ii) At Employer’s request, provide evidence to Employer showing that such insurance hasbeen taken out and maintained and that the current premiums there for have been paid.

(iii) The employers shall not have any liability in case of litigation /loss or damage to anyworker(s) employed by the agency or contractor during the execution of the project.

3.7 Accounting, Inspection and Auditing:

The Agency shallKeep accurate and systematic accounts and records in respect of the servicesrendered by it hereunder, in accordance with accepted accounting principles and in such form anddetail as will clearly identify all relevant time charges and cost, and the basis thereof;

3.8 Reporting Obligations

The Agency shall submit to Employer, in connection with the Project such information, reportsand documents in such form, numbers and within the time period as Employer may reasonablyrequire.

3.9 Documents prepared by the Agency to be the Property of Employer

All plans, drawings, specifications, designs, reports and documents prepared by or through theAgency for Employer under this Agreement together with all intellectual property rights thereinshall become and remain the property of Employer. The Agency shall, upon termination orexpiration of this Agreement, deliver all such plans drawings, specifications designs, reports,documents etc. to Employer, together with a detailed inventory thereof.

3.10 Agency will provide assistance in tender process including but not limited to preparation oftender documents, setting out pre-qualification criteria, invite tenders, evaluate Proposalsreceived for and on behalf of Employer.

3.11 Agency shall provide necessary assistance to Employer in preparation and submission ofnecessary applications with details and in making representations before the appropriate



authorities for obtaining the necessary approvals / clearances for the Project.

3.12 Take all necessary decisions as per the provisions of the Project Contract including approval ofany variation / deviation / extra item of work / change in scope of work/ extension of time / priceadjustment etc. for the smooth implementation of the project. However, any variation beyond20% for any individual item of bill of quantities and beyond 15% variation of the ProjectContract value shall be referred to the Employer for written approval.

3.13 Agency may undertake its obligations either on its own or may appoint any other agencies for thedischarge of its obligations. However, appointment of any other agencies shall not relieve theAgency of any of its obligations under this Contract. The terms of any sub-contract shall besubject to and conform to the provisions of this Contract.

3.14 Approve the concept drawings including other submissions

3.15 On completion of the said works, Agency will hand over the said works to Employer. For thispurpose all documents required in the form of completion plans, services etc. shall befinalized/prepared by Agency and handed over to Employer.

3.16 Any dispute arising out of the operation of the Project Contract(s) for the subject work will besubject to arbitration as provided for in the Project Contract with the Contractor. Agency willdefend the arbitration proceedings as best as it can and challenge the same before court. Any/allexpenses borne by Agency by way of litigation cost shall be paid to Agency by Employer overand above Agency’s remuneration and as per actual cost incurred. However for disputesattributable to Agency no payment towards litigation expenses shall be made by Employer.

3.17 Liquidated Damages

(i) The Agency shall be liable to pay as liquidated damages 0.25% of the fee of applicableservices for delay of each week or part thereof in completing the same with respect to itsstipulated schedule.

(ii) Notwithstanding anything to the contrary contained herein, in case, the agency fails tosuccessfully implement the project as per the provisions of the agreement, employer shallhave the right and be entitled to recover a sum equal to 10% of the contract value (asspecified in Annexure-3, Part A), as liquidated damages from the agency. The Partiesagree that this is a genuine pre-estimated loss that employer would suffer, in terms of lossof reputation, goodwill and faith and disruption in services to citizens, on account of theagency’s failure to successfully implement the project. The liquidated damages shall be inaddition to other remedies available to employer under the agreement and applicable laws,including forfeiture of consultancy fee.

Article 4: Obligations of Employer

4.1 Employer agrees to provide all the requisite support to Agency to enable carrying out theactivities listed under the Scope of Services. Such support by Employer will include sharing ofall the information, records, data, reports, all drawings of existing structure and utilities etc.



prepared either by Employer, itself or through other Agencies/ advisors on the Project, any otherinformation about the Project relevant to the work being carried out under this Agreement,assigning of any Employer manpower resources, whenever and wherever required andobtain/accord the necessary decisions and approvals to enable expeditious execution of the Scopeof Services.

4.2 Handover the Project Site free from encumbrances including but not limited to have the Sitevacated from the users / allottees / lessee and other encroachments if any and arrange theirrelocation etc. as required for implementation of the Project.

4.3 For undertaking various surveys and studies, Employer shall provide peaceful access to theProject Site and other facilities, etc. which may be necessary for carrying out the Scope ofServices.

4.4 Employer shall constitute a Core Group comprising senior officials of associated departments/agencies for discussions and providing prompt clearances for utility diversion / traffic diversionProposals and also day to day administrative decisions for smooth progress of works.

4.5 Designate a representative, who shall be fully acquainted with the Project and has authority tocommunicate approvals of Project Construction Budgets, changes in the Project, render decisionspromptly consistent with Project Schedule and furnish information expeditiously.

4.6 Issue all appropriate necessary request/letter/ instructions for effective and prompt sanctions,approvals, permissions and other act, as may be required, by officials, agents and representativesof the respective Government departments for the implementation of the Project.

4.7 Issue letter of Award and sign Contract Agreement with contractor

4.8 The Employer shall be the first respondent to the Contractor(s) and any other agency(ies) in anydispute/arbitration. The expenditure incurred by Agency in defending the arbitration / litigationcases shall be paid by the employer.

Article 5: Fees for Services & Payment of taxes etc.

5.1 In lieu of the Services rendered hereunder, Employer shall pay the mutually agreed fees to theAgency, as set out in Annexure 3 (“Agency’s Remuneration”).

5.2 All out of pocket expenses such as travel expenses/commissions etc. shall be borne by theagency.

5.5 Payment shall be made to Agency after due verification by the employer after deduction of taxesas applicable within four weeks.

Article 6: Effectiveness, Commencement, Expiry and Termination of the Agreement.

6.1 The Agency shall make all reasonable efforts to have the Project implemented within time periodof 9 (Nine) months from the date of release of the first payment by Employer towards ProjectFund or the date on which the site is made available to Agency free from all encumbrances,



whichever is later. However, the agency shall not be held responsible for any delay inconstruction/implementation of the Project, for reasons not exclusively attributable to the agency.

6.2 Agency shall fulfill its obligations in accordance with this Agreement. Any unexcused delay bythe Agency in the performance of its obligations under this Agreement shall render the Agencyliable to Termination of the Agreement;

Provided that the Employer may terminate this Agreement by giving written notice to theAgency of such intended termination and specifying the effective date thereof, at least (30) thirtydays before the effective date of such termination; provided, however, that the Agency maycorrect/remedy or commence to correct/remedy its alleged default at any time prior to theproposed date of termination, in which event, the Termination Notice may be withdrawn byEmployer if it is satisfied by the pace of work or correction of defects. If the Agreement isterminated by Employer for cause as provided herein, the Agency shall be paid for the servicesrendered till the effective date of termination and thereafter receive no further compensation.

6.3 The agency shall submit a calendar/work chart for execution of the project in the DPR forapproval by the employer.

6.4 Notwithstanding anything to the contrary contained herein, upon Termination of this agreementdue to an agency’s Event of Default, employer shall have a right to get the project completedand/or services delivered thorough a third party, at the risk and cost of the agency. In such a caseemployer shall retender for the remaining areas/services and the agency shall be liable to theemployer for any excess costs for such similar services, if any.

Article 7: Dispute Resolution

7.1. In the event of any dispute of whatever nature howsoever arising under or out of or in relation tothis Agreement that cannot be mutually resolved by the parties within 30 (thirty) days of serviceof written notice by one party to the other clearly setting out the dispute in question, the sameshall be settled by way of arbitration proceedings to be conducted by a sole arbitrator to beappointed by the Employer. The arbitration proceedings shall be held in accordance with theArbitration and Conciliation Act, 1996, or any subsequent enactment or amendment thereto.Award of the arbitral tribunal shall be final and binding on both the parties. The venue of thearbitration shall be only at Gurgaon. The language of the arbitration and the award shall beEnglish. Subject to the foregoing, the Parties agree to subject themselves to the jurisdiction ofcompetent courts at Gurgaon alone to try and adjudicate upon any matter concerning thisAgreement. However, any award passed in pursuance of the arbitration proceedings may beexecuted by any court of competent jurisdiction anywhere.

7.2 It is expressly agreed that the Agency (including its sub- Agencies, contractors, agents, etc.) shallcontinue to perform the services uninterruptedly pending the resolution of any dispute between theEmployer and Agency, timely and satisfactory completion of the Project being of the essence ofthis Agreement. The submission to arbitration of any dispute arising during construction shall not



delay or otherwise affect the continuing performance of the work by the Agency.

Article 8: Exclusions, Waiver and Amendments, etc.

8.1 Nothing contained in this Agreement shall prevent Agency to pursue their interests in other statesas well as in Haryana and, for that purpose to enter into other partnerships and / or agreementsfor specific projects provided such partnerships and / or specific projects are not in conflict withthe Project.

8.2 Failure by any Party to enforce, at any time, any provision of the Agreement shall not beconstrued as a waiver of its right to enforcement of the breach of such provision or any otherprovision of the Agreement, or as a waiver of any continuing, succeeding or subsequent breachof any such provision or other provision of the Agreement or as a waiver of any right under theAgreement.

8.3 No amendments, modifications, or alterations of or any additions to the terms and conditions ofthis Agreement shall be valid unless the same is in writing and agreed to by the Parties.

8.4 This Agreement may be executed in two originals, each of which when executed and deliveredshall constitute an original of this Agreement.

8.5 Nothing contained in this Agreement shall constitute or be deemed to constitute a partnershipbetween the Parties, and no Party shall hold oneself out as an agent for the other Party, exceptwith the express prior written consent of the other Party or as provided herein.

8.6 Any date or period as set out in any Article of this Agreement may be extended with the writtenconsent of the Parties failing which time shall be of the essence.

8.7 Each of the rights of the Parties hereto under this Agreement are independent, cumulative, andwithout prejudice to all other rights available to them, and the exercise or non-exercise of anysuch rights shall not prejudice or constitute a waiver of any other right of the Party, whetherunder this Agreement or otherwise.

Article 9: Confidentiality

9.1 Neither Party shall disclose to anyone not a party to this Agreement any confidential orproprietary information as to the other Party’s business affairs which may come to its knowledgeby reason of this Agreement, including without limitation, financial, technology and businessinformation, trade secrets, any structuring or tax structuring advice provided by Agency andknow-how (collectively, the “Confidential Information”) and both Parties undertake to treat allConfidential Information as strictly confidential unless it has become part of the public domainor is required to be disclosed as mandated by applicable law, regulation, legal process orregulatory authority. The obligation herein stated shall survive the Termination of thisAgreement.



Article 10: Non Assignability

10.1 Subject to the provisions of this Agreement, this Agreement is personal to the Agency and shallnot be capable of Assignment, except with the prior written consent of Employer. TheAssignment rights of the Agency shall be subject to the transferee agreeing to be bound by theterms of this Agreement and executing a deed of adherence.

Article 11: Governing Law

11.1 Subject to the provisions of Article 7, this Agreement shall be governed and construed inaccordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction ofthe Courts at Gurgaon.

Article 12: Force Majeure

12.1 Force Majeure means acts of God (including, but not limited to natural disaster, fire, thunder,lightning, explosion, earthquake, storm, typhoon, tornado, drought, tidal wave and flood) terroristattacks or war (whether declared or not), invasion or an act of foreign enemy or any judgment ororder of any court of competent jurisdiction or statutory Authority whereby a Party is preventedfrom complying with its obligations under this Agreement. The period of compliance with itsobligations under this Agreement by the Party affected by the Force Majeure event shall beextended on a day for day basis for the period during which the Force Majeure event continues.

12.2 In the event of a Party (affected Party) not being able to perform its obligations pursuant to thisAgreement as a result of a Force Majeure event, such affected Party shall give notice (“ForceMajeure Notice”) to the other Party, as provided in Article 12, of any such Force Majeure eventas soon as reasonably practicable but not later than seven days after the date on which theaffected Party knew or should have reasonably known the commencement of the Force Majeureevent.

12.3 If the affected Party has taken all necessary steps towards mitigating the effect of a ForceMajeure event, then:

1. the obligations of the affected Party shall be suspended to the extent that they are affectedby the Force Majeure event so long as the Force Majeure event continues;

2. to the extent the performance of the obligations of the affected Party is affected by theForce Majeure event, the time period for the performance of the obligations of the affectedParty shall be extended by a similar time period on a day to day basis.

12.4 Force Majeure shall not include any event, which is caused by the negligence or intentionalaction of a Party or such Party’s sub-agency or agent or employees or, which a diligent Partycould reasonably have been expected to:

(i) Take into account at the time of the conclusion of this Agreement and/or;

(ii) Avoid or overcome in the carrying out of its obligations hereunder.



ARTICLE 13: Representations and Warranties

13.1 Representations and Warranties

Both the Parties to this Agreement represent and warrant to each other that:

(i) The Party is duly organized, validly existing and in good standing under the laws of India;

(ii) The Party has full power and authority to execute, deliver and perform its obligationsunder this Agreement and to carry out the transactions contemplated hereby;

(iii) The Party has taken all necessary corporate and other action under Applicable Laws andits constitutional documents to authorize the execution, delivery and performance of thisAgreement;

(iv) This Agreement constitutes the Party’s legal, valid and binding obligation enforceableagainst it in accordance with the terms hereof;

(v) There are no actions, suits, proceedings, or investigations pending or, to the Party’sknowledge, threatened against it at law or in equity before any court or before any otherjudicial, quasi judicial or other authority, the outcome of which may result in the breachof or constitute a default of the Party under this Agreement or which individually or in theaggregate may result in any material adverse effect;

(vi) The Party has no knowledge of any violation or default with respect to any order, writ,injunction or any decree of any court or any legally binding order of any governmentagency which may result in any material adverse effect or impairment of the Party’sability to perform its obligations and duties under this Agreement.

ARTICLE 14: Indemnity

14.1 Each party shall indemnify and keep indemnified the other party from and against allconsequences and liabilities arising out of or in any way connected with the indemnifying party'snegligence, fault, nuisance, breach and failure to perform its obligations under this Contract /Project Contract, except to the extent that the same is attributable to a negligent or willful act oromission of the party seeking to be indemnified.

ARTICLE 15: Notice

15.1 All notices and other communication in respect of this Agreement shall be given in English byregistered airmail, postage prepaid or facsimile to the party entitled thereto at its address as itshall hereafter designate for this purpose:

To AGENCY:



Attn. :

To Municipal Corporation Gurgaon :

Attn. : CommissionerMunicipal Corporation GurgaonCivil Lines Road, Gurgaon, Haryana – 122 001Phone No. 0124-222011 Fax No. 0124-2225243E-mail address: [email protected]

Notice shall be deemed to have been received and shall be effective three days after the date ofmailing in the case of a dispatch thereof any registered air mail, and on the next working dayafter the dispatch thereof by facsimile.

IN WITNESS WHEREOF the Parties hereto have put their hand this day and date firstabovementioned.

Signed on behalf of Agency by: Signed on behalf of Employer by:

Signature: Signature:

Name: Name:

Position: Position:

Witnessed by: Witnessed by:

Signature: Signature:

Name: Name:

Address: Address:

Date: Date:



Annexure 1

SCOPE OF SERVICES

SCOPE OF SERVICES OF THE AGENCY:

Scope of services (“Services”) shall be as described below:

Phase I: Preparation of the Tender Document

1 Preparation of Signage Guidelines

A Signage Guideline document would be prepared taking into account IRC and other

international guidelines for barrier free environment. This will be in line with the current NUTP

and Gurgaon master-plan requirements, and cover specific requirements such as bicycle

infrastructure and barrier free environments.

The Location Guidelines of signages will be based on the International Standard Reaction Time,

Visual Distances, Orientation and Lateral and Vertical Clear Distances. The guidelines would

also include specifications, like size, color, mounting details, etc. as per road types (like Arterial

roads, Distributary Roads, Access roads etc).

Consultant would prepare detailed designs drawings of 1:20/1:50/1:100 scale for the following:

o Signage Typology: Detailed drawings of the Typical Signages at 1:20 scale with Color,

Content and Text and Symbol heights.

o Designing Mounting Type:- Single pole, Double pole, Cantilevered Pole or Portal frame

Gantry.

o Foundation Type

o Structural Design for mounting and foundation of Signages.

2 Detailed Design and specifications.

I. Site Reconnaissance survey.II. Inventory of existing signages

III. Location Plans of 1:500 scales to be prepared for all the proposed roadsIV. Type of Signages with their LocationV. All types of crossings, intersections, junctions, mid-blocks and service lanes

VI. Develop Designs as part of this engagement throughout the area of its jurisdictionVII. Prepare detailed design including structures and drawings for signages.

VIII. Implementation of Re-designed Signage Scheme



IX. Prepare specifications and Bill of Quantities (BOQ).X. Estimation of Capital Expenditure (CAPEX).

3 Tender Management/ Bid Process Management.

(a) Prepare pre-qualification criteria for short-listing of construction agencies.(b) Prepare the tender documents comprising of the following:-

(i) Notice inviting tender.(ii) Instruction to tenderers.(iii) General conditions of contract.(iv) Special conditions of contract.(v) Technical specifications.(vi) Tender drawings.(vii) Bill of quantities.(viii) Assist MCG for Evaluation of Bids including Award of Works.(ix) Any other document, as may be required.

4 Project Management Services

(i) Issue drawings to contractor for construction(ii) Review and approval of drawings, documents schedules submitted by Contactor.(iii) Supervision and quality control of Signages executed by Contractor.(iv) Certification of payment made to Contractor.(v) Review and monitor the progress of works.(vi) Assist MCG to issue provisional completion certificate to contracting agency.



5 DELIVERABLES AND TIMELINES:

Stage DurationPreparation of Signage Guidelines

2 weeks

Detailed Design and specifications 4 weeks

Tender Management/ Bid Process Management 6 weeks

Project Management Services 6 months

Total 9 months



Annexure 2

PROJECT DURATION

1. The Project duration shall be 9(Nine)months from the date of Award or the date on which the site ismade available to Agency free from all encumbrances, whichever is later.

2. Work shall be carried out in accordance with the implementation schedule as defined in the ProjectContract with the Contractor/s.

3. Project Site shall be free of encumbrances, in line with the agreed implementation schedule of theProject.

4. Agency shall make earnest efforts to get approvals from statutory bodies, within a shortest possibletime. However, Agency shall not be held responsible for any delay in implementation of the Projectdue to delays in such approvals.

5. In case of any delay in completion of the Project due to reasons that are not attributable to theAgency, the Agency shall neither be liable nor responsible.

6. Agency shall provide a Construction schedule to Employer from time to time in the form of a barchart and such other relevant means.



Annexure 3

AGENCY’S REMUNERATION

Agency shall be entitled to receive following payments on the basis outlined below, in view of the roleto be performed:

B. Fees for Consultancy Services –C.

S.No. Description Estimated Qty

Unit Rate Amount in INR

1 Preparation of Signage Guidelines 1 Lumpsum

2 Preparation of Project specification including

Survey, Identification of Locations with

Designs, Drawings and

350 Per Km

3 Preparation of bidding documents for selection

of contractor, Assistance in bid process

management and selection of contractor

1 Lumpsum

4 Supervision of construction during project

implementation phase.6 Per

Month

Total

This amount is inclusive of all applicable taxes except service tax which shall be paid extra atprevailing rates.

The amount quoted above is based on the estimated quantity which can be increased or decreased asbelow:

In context to S.No. 2 of above mentioned table, any increase/decrease in length of road, the amountquoted shall be suitably adjusted proportionality to the amount quoted in per kilometer, subject tominimum length of 200 km payable to consultant.

In context to S.No. 4 of above mentioned table, time period considered for implementation of theProject Management Services is 6 months, beyond which the additional fee for Project ManagementServices shall be paid as on pro-rata based on per month bases.