Cancellation of Tender Corrigendum – Extension of last date for submission of bids Corrigendum - Opening of RFP documents Corrigendum - Last date for submission of bids Addendum dated June 30, 2021 Please refer the tender notice for the captioned RFP published on the Bank’s website www.rbi.org.in on December 11, 2020, inviting Request for proposal (RFP) from firms/ companies to provide comprehensive consultancy services for the proposed work. 2. The following sections of the RFP have been revised and the modified provisions are as under: | Section | Existing Provision | Revised Provision | | 4.44.3 Insurance | The consultant shall indemnify and keep the Bank indemnified against all risks during the entire period of implementation of the project against any claims, demands, actions for proceedings that may be made or initiated against the Bank or that may be suffered by the Bank by reason of anything done by the consultant pursuant to any work done by them towards the project.
Before commencing establishment of ABPC and on-site support, it shall be obligatory to the consultant to obtain at his cost, all necessary and relevant insurance cover for appropriate value and which shall remain valid till end of stabilisation period and on-site support respectively, for the requirements, such as, but not limited to:
a. Accident/s to staff, engineers, consultants, supervisors and others
b. Professional Liability Insurance for all professionals like Architects, Structural Consultants, Electrical Consultants, automation consultants etc. who shall be engaged by the Consultant for designing the ABPC. The insurance cover shall be a minimum of 100% of the consultancy charges.
The above mentioned policies shall be in joint names mentioning the Bank’s name first and a copy of the same shall be submitted to the Bank before commencement of execution of work. Alternatively, an endorsement on the policy in favour of the Bank may be provided in the Performance Liability Insurance policy where the ABPC project and all the consortium partners are covered. No adjustments in the consultancy charges or on-site support charges shall be made for providing insurance. | The consultant shall indemnify the RBI and keep the Bank indemnified during the entire period of implementation of the project against any damage, expense, liability, loss or claim which the RBI might incur, sustain or be subjected to, which is attributable to any defect in the design of the ABPC facility (including technical and automation design), or any other work done towards this project by the Consultant and/or any person acting on behalf of the consultant including its employees or sub-consultants.
At the time of signing of the contract and commencement of on-site support, as applicable, it shall be obligatory to the consultant to obtain at his cost, all necessary and relevant insurance cover for appropriate value issued only from an insurance company operating in India and which shall remain valid till end of stabilisation period/ on-site support, as applicable for the requirements but not limited to:
a. Accident/s of staff, engineers, consultants, sub-consultants, supervisors and others
b. Professional Liability Insurance (PLI) for designing and execution of the ABPC project. The insurance cover shall be a minimum of 100% of the consultancy charges excluding on-site support and shall be valid till stabilization period.
c. Commercial General Liability for any injury / property damage sustained during execution and stabilization of the project.
The above mentioned policies shall be in joint names mentioning the Bank’s name first and a copy of the same shall be submitted to the Bank before commencement of work. In case of PLI, where such joint policy cannot be provided, an endorsement on the policy in favour of the Bank may be provided in the Professional Liability Insurance policy where the ABPC project and all the consortium partners are covered. No adjustments in the consultancy charges or on-site support charges shall be made for providing insurance. | | 4.44.4 Professional Indemnity Bond | The consultant shall, at the time of signing the contract, submit a signed Professional Indemnity Bond covering the design of the ABPC for a value equal to 100% of the Consultancy charges. This Bond shall be valid up to the service life of the facility. A format of the bond is provided in Form M. | The consultant shall, at the time of signing the contract, submit a signed Professional Indemnity Bond covering the design of the ABPC for a value equal to 100% of the Consultancy charges This Bond shall be valid up to 10 years after stabilization of the facility. A format of the bond is provided in Form M. | Draft Contact Clause 2.10
Standard of Care | The consultant shall observe the highest standard of care and considering the significance, exclusive and unique scope of work, the standard of duty shall be special. | Considering the significance, exclusive and unique scope of work, the Consultant shall observe the highest standard of skill and care. | 3. The following provision has been added in the RFP at Section V: Conditions of Contract at para 5.34 as follows and, accordingly, existing para 5.34 is now revised as para 5.35. 5.34 LIMITATION OF LIABILITY (A) Consultant’s Liability - (i) In case of any damage or loss to the property of any person, directly or indirectly attributable to negligence or misconduct on the part of the Consultant or on the part of any person or firm acting on behalf of the Consultant, the Consultant would be liable to make good the damage/ loss irrespective of the amount. (ii) In all other cases, the Consultant’s liability would not exceed, the total contract value or the proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultant to cover such a liability, whichever is higher. (B) Bank’s liability The liability of the Bank (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any claim in any manner related to the consultancy services shall be limited to the amount of fees remaining to be paid to the Consultant. 5.35 All decisions taken by the Bank regarding this Tender (as mentioned in this Tender Document) shall be final & irrevocable. 4. The existing Form M has been modified and the revised form is given in Annex. 5. It is further advised that Consultant is expected to both plan and supervise the execution of the project and obtaining all statutory approvals and NOCs are part of the scope of work of the consultant. It is reiterated that, Price Adjustment in the costs shall be made only for the milestones and addition / deletion / modification/ deferrals derived from the milestones, carried out during the ‘contract period’. The ‘contract period’ shall mean ‘original scheduled completion period till completion of stabilisation period’ (as in the Project Report approved by the Bank) and/or authorised extension/s granted to cover the period/s of hindrance/s on account of force majeure conditions taken together under reckoning / delays beyond the control of the consultant. 6. It is clarified that all other terms and conditions of the RFP shall remain unchanged. This shall also be part of the RFP document. Chief General Manager-in-Charge,
Department of Currency Management,
Central Office,
Reserve Bank of India,
Mumbai 400 001. |