RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...

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GENERAL CONDITIONS OF CONTRACT1. GENERAL PROVISIONS1.1 DefinitionsUnless the context otherwise requires, the following terms whenever used in this Contract havethe following meanings:(a) “Applicable Law” means the laws and any other instruments having the force of law.(b) “Contract” means the Contract signed by the Parties, to which these General Conditions ofContract are attached, together with all the documents listed in Clause 1 of such signedContract;(c) “Effective Date” means the date on which this Contract comes into force and effect pursuantto Clause GC 2.1;(d) “GCC” means these General Conditions of Contract;(e) “Government” means the Government of Madhya Pradesh;(f) “currency” means the Indian National Rupee;(g) “Member”, in case the Consultants consist of a joint venture of more than one entity, meansany of these entities, and “Members” means all of these entities;(i) “Personnel” means persons hired by the Consultants as approved by EMPLOYER asemployees and assigned to the performance of the Services or any part thereof; “foreignPersonnel” means such persons who at the time of being so hired had their domicile outsideIndia; and “local Personnel” means such persons who at the time of being so hired had theirdomicile inside India;(j) “Party” means the Employer or the Consultants, as the case may be, and Parties means bothof them;(k) “Services” means the work to be performed by the Consultants pursuant to this Contract forthe purposes of the Project;(m) “Sub-consultant” means any entity to which the Consultants subcontract any part of theServices in accordance with the provisions of Clause GC 3.7; and(n)“Third Party” means any person or entity other than the Government, the Employer, theConsultants or a Sub-consultant.(o) “SC” means the Special Conditions of Contract by which these General Conditions of Contract maybe amended or supplemented;ADB-IV109
1.2 Relation between the PartiesNothing contained herein shall be construed as establishing a relation of master and servant or ofagent and principal as between the Employer and the Consultants. The Consultants, subject tothis Contract, have complete charge of Personnel performing the Services and shall be fullyresponsible for the Services performed by them or on their behalf hereunder.1.3 Law Governing the ContractThis Contract, its meaning and interpretation, and the relation between the Parties shall begoverned by the Applicable Law as prevalent in India.1.4 LanguageThis Contract has been executed in English, which shall be the binding and controlling languagefor all matters relating to the meaning or interpretation of this Contract.1.5 Heading1.6 NoticesThe headings shall not limit, alter or affect the meaning of this Contract.1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contractshall be in writing. Any such notice, request or consent shall be deemed to have been given ormade when delivered in person to an authorized representative of the Party to whom thecommunication is addressed, or when sent by registered mail, telex, telegram or facsimile to suchParty at the address as specified in the SC.1.6.2 Notice will be deemed to be effective as specified in the SC.1.6.3 A party may change its address for notice hereunder by giving the other Party notice of suchchange at the address mentioned as underEmployer :Managing Director,Madhya Pradesh Road Development Corp. Ltd.16-A, Arera Hills,Bhopal.Consultant:1.7 LocationThe Services shall be performed at such locations as are specified in TOR.1.8 Authority of Member in ChargeIn case the Consultants consist of a joint venture of more than one entity, the Members herebywill authorize an entity to act on their behalf in exercising the entire Consultants’ rights andobligations towards the Employer under this Contract, including without limitation the receivingof instructions and payments from the Employer.ADB-IV110
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MPRDCDPR - ADB -IVINVITATION FOR CO
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MPRDCDPR - ADB -IVMadhya Pradesh Ro
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MPRDCDPR - ADB -IVMADHYA PRADESH RO
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MPRDCDPR - ADB -IVSection 3 - Techn
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MPRDCDPR - ADB -IVConsultant should
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MPRDCDPR - ADB -IVParticipation of
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MPRDCDPR - ADB -IVType ofProposalCo
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MPRDCDPR - ADB -IV(b)(c)(d)(e)is pr
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MPRDCDPR - ADB -IVspecified in the
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MPRDCDPR - ADB -IVSection - 3DATA S
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MPRDCDPR - ADB -IVRATINGExcellent 1
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NARRATIVE EVALUATION CRITERIAFOR FU
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F. Counterpart Personnel and Facili
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2.3 The Detailed Project Report wou
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3.12 Deleted.3.13 In order to have
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4.3 The consultant shall plan the a
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4.7 Traffic Survey4.7.1 Number and
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4.7.3.5 The distribution of lead an
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pessimistic and most likely traffic
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upgrading costs. The detailed topog
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4.9.2.7 Details of utility Services
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(ii)(iii)(iv)shoulder condition;emb
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section testing shall involve carry
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4.9.4.2.3 For bridges and cross dra
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4.9.4.5.3 Environmental restriction
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(i)(ii)(iii)(iv)(v)horizontal align
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Government guidelines, use of flyas
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4.9.6.9 Arboriculture and Landscapi
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4.10.1.10 The consultant shall prep
Page 59 and 60: feasibility and effectiveness of in
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Page 65 and 66: 7. Project Team and Project Office
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Page 69 and 70: estimation, environmental aspects,
Page 71 and 72: (ii)(iii)(iv)(v)Locations of median
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Page 75 and 76: A. Selection Criteria for ProjectsS
Page 77 and 78: Handbook on Resettlement -A Guide t
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Page 87 and 88: Schedule for Submission of Reports
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Page 93 and 94: (Form-III)FIRM’S REFERENCESReleva
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Page 97 and 98: (Form-VII)Format of Curriculum Vita
Page 99 and 100: (Form-IX)A. FIELD INVESTIGATION(1st
Page 101 and 102: FORM FIN-1FINANCIAL PROPOSALS ForPa
Page 103 and 104: LIST OF ADB MEMBER COUNTRIES1. AFG
Page 105 and 106: Agreement & General Conditions of C
Page 107 and 108: 7. Responsibility for accuracy of t
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Page 113 and 114: 2.6 ModificationModification of the
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Page 121 and 122: value. Such bank guarantee (i) to r
Page 123 and 124: 7.4 ACTION FOR DEFICIENCY IN SERVIC
Page 125 and 126: APPENDIX- IFORM OF BANK GUARANTEERe
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