RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...
RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ... RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...
this Contact, to inspect the same and make copies thereof as well as to have them audited byauditors appointed by the Employer.3.7 Consultants' Actions requiring Employer's prior ApprovalThe Consultants shall obtain the Employer's prior approval in writing before taking any of thefollowing actions:(a) appointing such members of the Personnel as are listed in Appendix B;(b)entering into a subcontract for the performance of any part of the Services, it beingunderstood (i)that the selection of the Sub-consultant and the terms and conditions of thesubcontract shall have been approved in writing by the Employer prior to the execution ofthe subcontract, and (ii) that the Consultants shall remain fully liable for the performanceof the Services by the Sub-consultant and its Personnel pursuant to this Contract;3.8 Reporting ObligationsThe Consultants shall submit to the Employer the reports and documents specified in AppendixA/E hereto, in the form, in the numbers and within the time periods set forth in the saidAppendix.3.9 Documents prepared by the Consultants to be the Property of the EmployerAll plans, drawings, specifications, designs, reports and other documents prepared by theConsultants in performing the Services shall become and remain the property of the Employer,and the Consultants shall, not later than upon termination or expiration of this Contract, deliverall such documents to the Employer, together with a detailed inventory thereof. The Consultantsmay retain a copy of such documents.3.10 Equipment and Materials furnished by the EmployerEquipment and materials made available to the Consultants by the Employer, or purchased by theConsultants with funds provided by the Employer, shall be the property of the Employer and shallbe marked accordingly. Upon termination or expiration of this Contract, the Consultants shallmake available to the Employer an inventory of such equipment and materials and shall disposeof such equipment and materials in accordance with the Employer's instructions. While inpossession of such equipment and materials, the Consultants, unless otherwise instructed by theEmployer in writing, shall insure them in an amount equal to their full replacement value.4. CONSULTANTS' PERSONNEL4.1 GeneralThe Consultants shall employ and provide such qualified and experienced Personnel as arerequired to carry out the Services.4.2 Description of Personnel(a)The titles, agreed job descriptions, minimum qualification and estimated periods ofminimum engagement of the key professionals is to be adhered.ADB-IV117
(b)If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments withrespect to the estimated periods of engagement of Key personnels is to be increased. Theconsultant will have to take into account the requirement of personals and other relevantinfrastructure required for timely completion of the project. Based on assessment ofrequired professional, equipments and other infrastructure the consultant should quote therates per kilometer (excluding exploratory boring for bridges/fly over/ROBs.) and itshall include all costs / expenses, taxes, duties, service tax, cess etc as applicableThe rates for exploratory boring shall be quoted on per meter basis and it shallinclude all costs / expenses, taxes, duties, service tax, cess etc as applicable .(c)If additional work is required beyond the scope of the Services specified in TOR, theremuneration shall be fixed on mutually agreed terms.4.3 Approval of PersonnelIn respect of Key Personnel, which the Consultants propose to use in the carrying out of theServices, the Consultants shall submit to the Employer for review and approval a copy of theirbiographical data. If the Employer does not object in writing (stating the reasons for the objection)within twenty-one (21) calendar days from the date of receipt of such biographical data, such KeyPersonnel shall be deemed to have been approved by the Employer.4.4 Working Hours, Overtime, Leave, etc.Working hours and holidays for Key Professional shall be as per labour laws.4.5 Removal and/or Replacement of Personnel(a)(b)Once approved by the Employer no changes shall be made in the Key personnels. If, forany reason beyond the reasonable control of the Consultants, it becomes necessary toreplace any of the key Personnel, the Consultants shall forthwith provide as a replacementa person of equivalent or better qualifications.If the Employer (i) finds that any of the key Personnel has committed serious misconductor has been charged with having committed a criminal action, or (ii) has reasonable causeto be dissatisfied with the performance of any of the key Personnel, then the Consultantsshall, at the Employer's written request specifying the grounds therefore, forthwith provideas a replacement of the person with qualifications and experience acceptable to theEmployer. Any such replacement shall be at risk & cost of the consultant.4.6 Resident Project ManagerThe Consultants shall ensure that at all times during the Consultants' performance of the Services aresident project manager, acceptable to the Employer, shall be in charge of the performance ofsuch Services.5. OBLIGATION OF THE EMPLOYER5.1 Assistance and ExemptionsThe Employer shall use its best efforts to ensure that the EMPLOYER shall:ADB-IV118
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this Contact, to inspect the same and make copies thereof as well as to have them audited byauditors appointed by the Employer.3.7 Consultants' Actions requiring Employer's prior ApprovalThe Consultants shall obtain the Employer's prior approval in writing be<strong>for</strong>e taking any of thefollowing actions:(a) appointing such members of the Personnel as are listed in Appendix B;(b)entering into a subcontract <strong>for</strong> the per<strong>for</strong>mance of any part of the Services, it beingunderstood (i)that the selection of the Sub-consultant and the terms and conditions of thesubcontract shall have been approved in writing by the Employer prior to the execution ofthe subcontract, and (ii) that the Consultants shall remain fully liable <strong>for</strong> the per<strong>for</strong>manceof the Services by the Sub-consultant and its Personnel pursuant to this Contract;3.8 Reporting ObligationsThe Consultants shall submit to the Employer the reports and documents specified in AppendixA/E hereto, in the <strong>for</strong>m, in the numbers and within the time periods set <strong>for</strong>th in the saidAppendix.3.9 Documents prepared by the Consultants to be the Property of the EmployerAll plans, drawings, specifications, designs, reports and other documents prepared by theConsultants in per<strong>for</strong>ming the Services shall become and remain the property of the Employer,and the Consultants shall, not later than upon termination or expiration of this Contract, deliverall such documents to the Employer, together with a detailed inventory thereof. The Consultantsmay retain a copy of such documents.3.10 Equipment and Materials furnished by the EmployerEquipment and materials made available to the Consultants by the Employer, or purchased by theConsultants with funds provided by the Employer, shall be the property of the Employer and shallbe marked accordingly. Upon termination or expiration of this Contract, the Consultants shallmake available to the Employer an inventory of such equipment and materials and shall disposeof such equipment and materials in accordance with the Employer's instructions. While inpossession of such equipment and materials, the Consultants, unless otherwise instructed by theEmployer in writing, shall insure them in an amount equal to their full replacement value.4. CONSULTANTS' PERSONNEL4.1 GeneralThe Consultants shall employ and provide such qualified and experienced Personnel as arerequired to carry out the Services.4.2 Description of Personnel(a)The titles, agreed job descriptions, minimum qualification and estimated periods ofminimum engagement of the key professionals is to be adhered.ADB-IV117
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