Pre-Qualification Document - Uttar Pradesh Tourism
Pre-Qualification Document - Uttar Pradesh Tourism
Pre-Qualification Document - Uttar Pradesh Tourism
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<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
UTTAR PRADESH STATE TOURISM<br />
DEVELOPMENT CORPORATION (UPSTDC)<br />
PRE-QUALIFICATION CUM TENDER NOTICE<br />
VISUALISATION CUM CREATIVE<br />
DIRECTION FOR MOUNTING OF<br />
SOUND AND LIGHT SHOW<br />
AT SHILPGRAM, AGRA/ RESIDENCY, LUCKNOW /<br />
GHATS AT VARANASI, UTTAR PRADESH<br />
JANUARY 2013<br />
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
3 rd Floor, ParyatanBhawan, C-13, VipinKhand, Gomti Nagar, Lucknow: 226 010<br />
Request for Proposal 1
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Contents<br />
1 INTRODUCTION ................................................................................................... 3<br />
1.1 Background ............................................................................................................... 3<br />
1.2 Scope of Works ......................................................................................................... 3<br />
1.3 Concept ...................................................................................................................... 4<br />
1.4 Schedule .................................................................................................................... 4<br />
1.5 Remuneration ............................................................................................................ 5<br />
1.6 Payment terms ........................................................................................................... 5<br />
1.7 Ownership ................................................................................................................. 5<br />
2 BIDDING PROCESS ............................................................................................. 5<br />
2.1 <strong>Pre</strong>-<strong>Qualification</strong> Criteria .......................................................................................... 5<br />
2.2 Sale of Bid <strong>Document</strong> ............................................................................................... 6<br />
2.3 Site visit and verification of information .................................................................. 6<br />
2.4 Validity of the Bid ..................................................................................................... 6<br />
2.5 Schedule of Bidding Process .................................................................................... 7<br />
2.6 Cost of Bid ................................................................................................................. 7<br />
2.7 Right to reject any or all Bids ................................................................................... 7<br />
2.8 Amendment of Bid <strong>Document</strong> .................................................................................. 7<br />
2.9 Language ................................................................................................................... 7<br />
2.10 Currency .................................................................................................................... 8<br />
2.11 Late Bids .................................................................................................................... 8<br />
2.12 Submission of Bid <strong>Document</strong>s ................................................................................. 8<br />
3 CRITERIA FOR EVALUATION ........................................................................ 9<br />
3.1 Evaluation of Technical Bids .................................................................................... 9<br />
3.2 Evaluation of Price Bid ............................................................................................. 9<br />
3.3 Agreement ................................................................................................................. 9<br />
3.4 Arbitration ................................................................................................................. 9<br />
Request for Proposal 2
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
1 INTRODUCTION<br />
1.1 Background<br />
1.1.1 <strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation Ltd. (UPSTDC) invites<br />
bids through this <strong>Pre</strong>-qualification cum Tender (Tender or Bid) document for<br />
the selection of “Visualizer-cum-Creative Director” for Sound and Light<br />
(SEL) shows at Shilpgram, Agra/ Residency, Lucknow and Ghats at Varanasi,<br />
<strong>Uttar</strong> <strong>Pradesh</strong> based on a competitive offer in two Envelope system i.e.<br />
Envelope No. I:<strong>Pre</strong>-qualification-cum-technical bid followed by presentation<br />
and then followed by the opening of Envelope No. II: Price bid.<br />
1.1.2 The total estimated cost of each project is Rs. 400.00 Lakh (includingHardware<br />
works) for each site.<br />
1.1.3 Interested firms/agency/individual should be from the Entertainment World<br />
having experience in Direction of similar works such as Sound &<br />
LightShows/Theatre Shows /Open Air extravaganza’s /laser and projection<br />
shows.<br />
1.2 Scope of Works<br />
1.2.1 Visualisation and Creative Direction<br />
1.2.2 Writing of the script in English and translation of script in Hindustani/Hindi<br />
1.2.3 Arranging voices, music, recording, mixing, remixing etc. in both languages.<br />
1.2.4 Working out film/still sequences, shooting/procurement of visuals from various<br />
sources, editing/mixing of the film etc. as per requirements.<br />
1.2.5 Designing Light and Sound and subsequently working out equipment<br />
requirement indicating specifications, quantities of the material and brand<br />
names. Cost estimate with supporting document to be procured. This cost should<br />
be adjusted to UPSTDC budget provisions.<br />
1.2.6 <strong>Pre</strong>paring tender documents for the above and evaluating final tenders received<br />
for award of work.<br />
1.2.7 Designing of Stage and Sets and having them executed.<br />
1.2.8 Sourcing of Cast/Extras if required.<br />
1.2.9 Rehearsal of show for 1 week before presentation.<br />
1.2.10 Sourcing of Props and Costumes.<br />
1.2.11 Supervision of works/installation at site till commissioning of the show.<br />
Checking and confirming all hardware supply and scrutinizing /recommending<br />
of payments /counter signing Bills.<br />
1.2.12 Creation of Artifacts as designed & approved.<br />
1.2.13 Content generation and creating laser art and animation as required to form a<br />
part of the visuals for the show.<br />
1.2.14 Any other art work/artifacts/costumes etc. if conceived as part of overall scheme<br />
as approved by UPSTDC be detailed out and the execution of the same be<br />
entrusted to Visualizer-cum-Creative Director.<br />
1.2.15 The stage, costume and properties must be designed by an art director with<br />
experience.<br />
1.2.16 Designers for Light and Sound must be used<br />
Request for Proposal 3
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
1.2.17 Overall System Integration.<br />
1.2.18 The Visualizer-cum-Creative Director has to submit the master recorded script in<br />
form of DVD in the original version loaded / transferred to the hardware for the<br />
show for all the languages.<br />
1.2.19 The scope of work includes Sound and Light show in two languages.If the show<br />
is required to be made in more language, the Visualizer-cum-Creative Director<br />
shall arrange the sameat no extra cost. He should also be able toensure<br />
involvement of the best talents for music, voice-over, recording etc. He should<br />
have experience in lighting, design and representation toconfigure and select<br />
state- of-the-art equipment for Sound & Light Showof commercial importance<br />
on a permanent basis for outdoor installationconsidering weather effects.<br />
1.3 Concept<br />
1.3.1 The show at Shilpgram,Agra must be based on the love story of Shah Jahan and<br />
MumtazMahal and conclude with the building of the TajMahal. The show at the<br />
Residency, Lucknow should deal with the history of the city and struggle of<br />
1857. The show at the Ghats of Varanasi should be part history art mythology<br />
dealing with the stories around Varanasi and the Ganga.<br />
1.3.2 The ethos of the time and its culture and style must be brought out. Court<br />
etiquette and Customs must be depicted. The Indian Ganga- Jamni customs must<br />
also be highlighted. All performance based art forms such as dance, music,<br />
song, drama, poetry must be shown. All the above must be illustrated in a form<br />
close to the original period.<br />
1.3.3 The script must be written by a person who has a historical/cultural and literary<br />
background. It must be based on history/ mythology and popular legend. There<br />
must be no controversial elements to the story. Under no circumstances must<br />
there be any elements promoting communal or caste misunderstandings.<br />
1.4 Schedule<br />
1.4.1 Visualizer-cum-Creative Directorshall ensure delivery of the Script within 45<br />
days of the award of work.<br />
1.4.2 He shall be responsible for its translation into Hindi/Hindustani.<br />
1.4.3 The Visualizer-cum-Creative Director shall make himself/ herself available for<br />
the supervision of the work at site as and when required so that the work is<br />
completed timely.<br />
1.4.4 The entire work including installation and commissioning is scheduled to be<br />
completed within 6 months.<br />
1.4.5 A detailed work programme will be drawn up with the concurrence of<br />
UPSTDC.<br />
1.4.6 The Visualizer-cum-Creative Directorshall ensure timely delivery of the script<br />
duly recorded to the Agency selected by UPSTDC for supply, installation,<br />
Testing and commissioningthe hardware for mounting the SEL Show.<br />
1.4.7 The correctness of the script as well as its translation into other languages has to<br />
be ensured. Any certification/approval required in this regard shall be obtained<br />
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<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
by the Visualizer-cum-Creative Directorand the Agency selected by UPSTDC.<br />
1.4.8 The Visualizer-cum-Creative Directorshall work in close co-ordination with the<br />
Agency and make available for supervision of the work at site as and when<br />
required so that the work is completed timely.The entire work including the<br />
installation and commissioning is scheduled to be completed bySeptember 30,<br />
2013.<br />
1.5 Remuneration<br />
1.5.1 Creative fee: This will include all fees payable to the Visualizer-cum-Creative<br />
Director, for all his efforts in the show.<br />
1.5.2 The fee on the cost of Art component, if becoming part of the final scheme<br />
approved byUPSTDC shall be within the creative scope of the Visualizer-cum-<br />
Creative Director fees and nothing shall be paid extra on this account for<br />
consultancy.<br />
1.5.3 Creative fee is further inclusive of travel expenses for to the sites.<br />
1.5.4 Once the Visualizer-cum-Creative Director is selected all the other budgets like<br />
cost of Art components/Filming /Projection/ Animations/ Hardware will be<br />
budgeted by the Visualizer-cum-Creative Director and UPSTDC as per the<br />
concept chosen keeping in mind the overall budget. A schedule of payments will<br />
be mutually worked out keeping in mind the type and scope of work. This may<br />
include administrative charges including boarding and lodging.<br />
1.6 Payment terms<br />
1.6.1 10% of the agreed amount after approval of Conceptby UPSTDC.<br />
1.6.2 20% of the agreed amount on submission of basic Script, basic design for Civil<br />
Works (not Architectural Design), and list of sound light and projection<br />
equipment.<br />
1.6.3 15% of the amount after tender for hardware (SEL) equipment is awarded.<br />
1.6.4 15% of the amount against completion of recording in the first language as per<br />
the approved Script.<br />
1.6.5 15% of the agreed amount on submission of second language recording and<br />
projection software if any.<br />
1.6.6 5% of the agreed settled amount after installation of hardware at site.<br />
1.6.7 10% after 1 Complete Rehearsal witnessed by UPSTDC.<br />
1.6.8 10% one month after official inauguration.<br />
1.7 Ownership<br />
1.7.1 The Script recording and other artifacts/content generation shall have the sole<br />
ownership of UPSTDC and will not be utilized by the Visualizer-cum-Creative<br />
Director in any form.<br />
2 BIDDING PROCESS<br />
2.1 <strong>Pre</strong>-<strong>Qualification</strong> Criteria<br />
2.1.1 The Visualizer-cum-Creative Director must have experience of writing plays,<br />
Request for Proposal 5
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Sound & Light scripts/ Film Scripts and must have written a minimum of 3<br />
scripts that have been performed.<br />
2.1.2 The Visualizer-cum-Creative Director must be a person of national or<br />
international repute. <strong>Pre</strong>ference shall be given to the Director who has won<br />
Padma /National /State awards for creative work. He must have executed<br />
Programmes/Cultural shows / theatre shows in Delhi/Mumbai/Lucknow and<br />
other places in India and abroad. He must have done in the last 15 years:<br />
• One show costing over 1.5 crores OR<br />
• Two shows costing over 50 lakhs OR<br />
• Three or more shows costing over 25 lakhs<br />
2.1.3 The Visualizer-cum-Creative Director should have experience of Live Shows<br />
/Performances NOT including Film Shows.<br />
Proof of the above must be given through Government orders/CA certificates<br />
and press reports (only national dailies)<br />
2.1.4 The Visualizer-cum-Creative Director is required to submit:<br />
• Details of Annual Turnover of last three years OR<br />
• Balance Sheet of last 3 YearsOR<br />
• Income Tax ReturnsOR<br />
• Latest bank solvency of not less Rs.5.00 Lakhs to ascertain financial<br />
capabilities to handle the Creative Direction.<br />
2.2 Sale of Bid <strong>Document</strong><br />
2.2.1 <strong>Pre</strong>-<strong>Qualification</strong> cum Tender <strong>Document</strong> can be obtained between 1100 hrs and<br />
1600 hrs on all working days from February 01, 2013 to February 25, 2013 from<br />
the office of Managing Director, UPSTDC, 3 rd Floor, ParyatanBhawan, C-13,<br />
VipinKhand, Gomti Nagar, Lucknowonpayment of a fee of Rs. 10,000 (Rupees<br />
Ten thousand) only (cost of Tender <strong>Document</strong>)per site in the form of a Demand<br />
Draft drawn on any Nationalised/Scheduled Bank in India in favour of<br />
Managing Director,UPSTDC and payable at Lucknow. The Tender <strong>Document</strong><br />
can also be downloaded from the Official Website of the Authority (www.uptourism.com/tender).<br />
In case of a downloaded form, the Bidder has to provide<br />
the aforesaid Demand Draft along with the Tender.The Tender without the<br />
aforesaid Demand Draft will not be considered. The cost of Tender <strong>Document</strong> is<br />
not refundable in any case.<br />
2.3 Site visit and verification of information<br />
2.3.1 Bidders are encouraged to submit their respective Bids after visiting the Project<br />
site/s and ascertaining for themselves the site conditions, location, surroundings,<br />
climate, access to the site, or any other matter considered relevant by them for<br />
the Project.<br />
2.4 Validity of the Bid<br />
Request for Proposal 6
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
2.4.1 The Tender shall be valid for a period of 180 days from the date of opening of<br />
the PriceBid.<br />
2.5 Schedule of Bidding Process<br />
2.5.1 UPSTDC would endeavour to adhere to the following schedule:<br />
Bid Due Date Upto 1500 Hrs of February 26, 2013<br />
Opening of Technical<br />
Bids<br />
February 26, 2013<br />
1530 Hrs. at Conference Hall<br />
ParyatanBhawan<br />
C-13, VipinKhand, Gomti Nagar<br />
Lucknow: 226 010<br />
<strong>Pre</strong>sentation on the 7 th March 2013<br />
Concept by the Bidders<br />
Opening of Price Bids 11 th March 2013 at 15.00 hrs<br />
Letter of Intent (LOI) Within 15 days from opening of PriceBids<br />
Signing of Agreement Within 15 days from issuance of LOI<br />
2.6 Cost of Bid<br />
2.6.1 The Bidders shall be responsible for all of the costs associated with the<br />
preparation of their Bids and their participation in the Bidding Process; visits to<br />
the Project site etc.UPSTDC will not be responsible or in any way liable for<br />
such costs, regardless of the conduct or outcome of the BiddingProcess.<br />
2.7 Right to reject any or all Bids<br />
2.7.1 Notwithstanding anything contained in this Bid <strong>Document</strong>, UPSTDC reserves<br />
the right to accept or reject any or all Bid and to annul the Bidding Process at<br />
any time without any liability or any obligation for such acceptance, rejection or<br />
annulment, and without assigning any reasons thereof.<br />
2.8 Amendment of Bid <strong>Document</strong><br />
2.8.1 At any time prior to the last date for submission of Bid, UPSTDC may, for any<br />
reason, whether at its own initiative or in response to clarifications requested by<br />
an Bidder, modify the Tender document by the issuance of Addendum/<br />
Amendment and posting it on the Official Website (www.up-tourism.com) and<br />
will be binding on all Bidders.<br />
2.8.2 In order to afford the Bidders a reasonable time for taking an amendment into<br />
account, or for any other reason, UPSTDC may, in its sole discretion, extend the<br />
Bid Due Date.<br />
2.9 Language<br />
2.9.1 The Bid and all related correspondence and documents should be written in the<br />
English language. Supporting documents and printed literature furnished by the<br />
Request for Proposal 7
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Bidder with the Bid may be in any other language provided that they are<br />
accompanied by appropriate translations of the pertinent passages in the English<br />
language.<br />
2.10 Currency<br />
2.10.1 The currency for the purpose of the Bid shall be the Indian Rupee (INR).<br />
2.11 Late Bids<br />
2.11.1 Bids received by UPSTDC after the specified time on Bid Due Date shallnot be<br />
eligible for consideration and shall be summarily rejected.<br />
2.12 Submission of Bid <strong>Document</strong>s<br />
2.12.1 Each page of the bid document shall be signed in blue ink by the authorised<br />
representative.<br />
2.12.2 The interested firms/individuals should submit their bids in two Envelopes<br />
containing the documents/information as under:<br />
2.12.3 The Envelope I shall be super scribed as “<strong>Pre</strong>-qualification-cum-technical bid”<br />
with the name of work and date of opening and contain the following:<br />
• Bid <strong>Document</strong> Fee of Rs 10,000 (non-refundable) for each site<br />
• Company or Individual Profile as per Annexure 1<br />
• Details of Annual Turnover of last three years ORBalance Sheet of last 3<br />
Years(Audited Annual Report) ORIncome Tax Returns<br />
• Latest bank solvency of not less Rs.5.00 Lakhs to ascertain financial<br />
capabilities to handle the Creative Direction<br />
• Photographs /visuals/films of the works showing actual workcarried out.<br />
• The documentary evidence/work order/performance certificateissued by<br />
the client of having successfully completed similarworks during last15<br />
years.<br />
• Copy of PAN.<br />
• Copy of registration with competent authorities<br />
• Affidavit on non-judicial stamp paper of Rs.50/- stating that “Incase any<br />
ambiguity is noticed in the documents submitted atany stage, I/we shall be<br />
entirely responsible and liable for anyaction as deemed fit under the law.”<br />
2.12.4 Envelope II shall contain the Price Bid as per Annexure 2. The total lum sum fee<br />
quoted shall include all the taxes as applicable and the envelop shall be super<br />
scribed as“Price bid with the name of work and due date of opening.”<br />
2.12.5 Both the envelopes shall be enclosed in a master envelope indicating the nameof<br />
work and due date of opening.<br />
2.12.6 The bids complete in all respects as above should be put up in TenderBox<br />
placed at UPSTDC’s office on 3 rd floor, ParyatanBhawan,C-13,Vipin Khand,<br />
Request for Proposal 8
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Gomti Nagar, Lucknow-226010.<br />
3 CRITERIA FOR EVALUATION<br />
3.1 Evaluation of Technical Bids<br />
3.1.1 In the first stage, the Technical Bids will be evaluated on the basis of<br />
Bidder’sexperience and documents submitted in Envelop I. UPSTDC shall have<br />
the right to review the Technical Bids and seek clarifications wherever<br />
necessary.<br />
3.1.2 UPSTDC may invite the Bidders to make a presentation before a duly<br />
constituted committee on the Concept with a brief Script of about 1000 words<br />
with all necessary explanation/effects/simulation etc. The presentation of the<br />
Technical Bid, in soft format, shall be submitted as part of the Technical Bid<br />
submissions.<br />
3.1.3 On the basis of presentation a final selection will be made and bidders will be<br />
short-listed for opening of their Price bids.<br />
3.2 Evaluation of PriceBid<br />
3.2.1 The Fee quotedin Price bid would be the sole criteria for selection the <strong>Pre</strong>ferred<br />
Bidder.UPSTDC will determine whether the Price Bids are complete,<br />
unqualified and unconditional. Omissions, if any, shall not entitle the Bidder to<br />
be compensated and the liability to fulfil its obligations as per the Scope of<br />
Works within the total fee.<br />
3.2.2 While submitting the Price Bid, the Bidder shall ensure the total amount<br />
indicated in the Price Bid shall be without any condition attached or subject to<br />
any assumption, and shall be final and binding. In case any assumption or<br />
condition is indicated in the Price Bid, it shall be considered non-responsive and<br />
liable to be rejected.<br />
3.2.3 Bidder offering the lowest feeshall be declared as the Selected Bidder.<br />
3.3 Agreement<br />
3.3.1 On award of work, the Visualizer-cum-Creative Director will enter into an<br />
agreement as per the format enclosed at Annexure 3.<br />
3.4 Arbitration<br />
3.4.1 In case any dispute arises, the same shall be resolved through arbitration<br />
under the Arbitration & Recommendation Act 1996 as amended time to time<br />
for which the arbitrator shall be appointed by the Managing Director,<br />
UPSTDC on receipt of request of the Visualizer-cum-Creative Director or<br />
UPSTDC. The arbitrator must be a person of repute and should be acceptable to<br />
both parties.<br />
Request for Proposal 9
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Annexure<br />
Request for Proposal 10
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Annexure 1<br />
S. N.<br />
a) Name<br />
Particulars<br />
Details<br />
b) Director’s Name<br />
c) Name & Profile of the Visualiser<br />
cum Artistic Director, who will be<br />
the Team Leader<br />
d) Name of the Script Writer<br />
e) Registered Office Address with<br />
Telephone No, Fax No.,<br />
f) Details of the contact person with<br />
mobile no. And e-mail id<br />
g) Details of Office establishment<br />
h) Year of establishment<br />
Signature<br />
Name<br />
Designation<br />
Company<br />
Company seal<br />
Date<br />
Request for Proposal 11
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Annexure 2<br />
(Format for Price bid to be submitted in Envelope II)<br />
VISUALIZATION CUM CREATIVE DIRECTION FOR MOUNTING<br />
OF SOUND AND LIGHT SHOW AT SHILPGRAM, AGRA/ RESIDENCY,<br />
LUCKNOW / GHATS AT VARANASI, UTTAR PRADESH<br />
This must be submitted in a separate sealed envelope which will be opened only if<br />
evaluation meets with criteria set out in the tender. The decision on evaluation will be<br />
that of UPSTDC and this decision will not be open to question.<br />
I/We ___________________________________ wish to offer myself/ourself as<br />
Visualizer-cum-Creative Directorfor the ___________________________ (name of the<br />
Project site) of UPSTDC. For that purpose (as detailed in the Bid) I/We would charge a<br />
fee of Rs._________ (in words as well as figures). The fee quoted is inclusive of all<br />
taxes as applicable.<br />
Date:<br />
Signature of the Authorised representative<br />
Request for Proposal 12
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
Annexure 3<br />
Draft Agreement<br />
THIS AGREEMENT (“Agreement”) is made on the ___ th day of ____, 2013<br />
atLucknow.<br />
BETWEEN:<br />
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation through Managing Director,<br />
having its office at 3 rd Floor, ParyatanBhawan,C-13, VipinKhand, Gomt Nagar,<br />
Lucknow(hereinafter referred to as “UPSTDC”, which expression shall mean and include<br />
its successor in office) of the ONE PART<br />
AND<br />
_____________, and having its registered office at ___________(hereinafter referred to as<br />
the “Visualizer-cum-Creative Director”)which expression shall, unless it be repugnant<br />
to the context or meaning thereof, include itssuccessorsof the SECOND PART<br />
UPSTDC and the Visualizer-cum-Creative Director are collectively referred to as 'Parties'<br />
and individually as “Party”.<br />
WHEREAS<br />
A. UPSTDC is desirous to of executing the Sound and Light Show at-<br />
__________________ and has invited bids describing the works to be done<br />
(“Project”) to showcase the cultural heritage and history of the city in order to<br />
increase the duration of stay of the tourists.<br />
B. And whereas the Visualizer-cum-Creative Director has responded to the Bid<br />
invitation and has submitted the bid, followed by<br />
subsequentpresentation/discussions with the Committee appointed by UPSTDC and<br />
the Visualizer-cum-Creative Director confirmed the Fee and of the Project as<br />
negotiated and agreed before the Committee.<br />
C. And whereas the Visualizer-cum- Creative Director has necessary experienceand<br />
expertise to plan and execute the Project and whereas he/she/they has/haveagreed to<br />
undertake the Visualization and Creative Direction of the Sound andLight Show at<br />
______________ of high standard in two language at an agreedsettled amount of<br />
Rs. (Rupees ……………………………………)inclusive of all<br />
expenditure and all taxes applicable.<br />
NOW THIS AGREEMENT WITNESSTH AS FOLLOWS<br />
In this Agreement, the words and expressions shall have the same meaning asare<br />
respectively assigned to them in the payment terms, the scope of workand terms and<br />
conditions, attached with the letter of intent (LOI) issued by UPSTDC and accepted by<br />
the Visualizer –cum- Creative Director for the Project.<br />
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<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
The following documents shall also be deemed to form and be read andconstrued as part<br />
of the agreement and shall be complementary to oneanother.<br />
1.<br />
2.<br />
3.<br />
NOW IT IS HEREBY AGREED AS FOLLOWS;<br />
After the receipt of approved Script from UPSTDC, the Visualizer-cum-Creative<br />
Director will start the work of recording sound track, mixing and forward the CD/DVD<br />
for approval within a period of 60 days and prepare the soundtrack as required for<br />
handing over to the hardware supplier/system integratorappointed by UPSTDC.<br />
The Visualizer-cum-Creative Director will also ask the lighting designer appointed by<br />
him toidentify the location of the luminaries and the type make of luminaries foreach<br />
location as per the sequence of the Script and do all other related work.<br />
The acceptance of the Visualizer-cum-Creative Director’s work will be subject to the<br />
finalapproval of the UPSTDC, and if in their opinion it is necessary to makecertain<br />
changes in any part of the Show the Visualizer-cum-Creative Director will carry outthe<br />
changes free of charge and decision of UPSTDC will be final inthis regard. All actions<br />
will be completed as per the schedule and approvalsby the UPSTDC.<br />
The UPSTDC will have the right to inspect the works while the sameare in progress.<br />
The Visualizer-cum-Creative Director will not deviate from the Script approved by<br />
theUPSTDC without obtaining prior written permission.<br />
The copyright of the production will rest with the UPSTDC and willbe transferred to<br />
the Agency that will take over the show aftercompletion. The Visualizer-cum-Creative<br />
Director shall not use the Script or any input,technical or otherwise related to this Project<br />
with any other client or similar Projects which have been undertaken by him or which he<br />
might undertake.<br />
The Visualizer-cum-Creative Director will complete all the works in their scope of work<br />
latest by 30th September 2013. The UPSTDC shall extend its full co-operation to the<br />
Creative Director in the same and shall be responsible for:<br />
• All government/ Municipal /local city/police/permissions.<br />
• All the A.S.I clearances<br />
• All water / river Authority permissions<br />
• All Electrical and water permissions and supply<br />
• Watch and Ward<br />
• Any other government /semi government clearances<br />
Mutually agreeable time lines and milestone will be adhered to by both parties.<br />
Request for Proposal 14
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
All bills must be paid within ten working days of being raised and submitted on site<br />
/UPSTDC office. No additional /new conditions can be applied other than is contained in<br />
Payment terms for Visualizer-cum-Creative Director.<br />
Despite the above being met if there is a case of failure to complete the works, UPSTDC<br />
will have full right to recover paid amount (paid stage wise) if any with interest from the<br />
Visualizer-cum-Creative Director and in case of inordinate delay in completing the<br />
work, UPSTDC will have the right to withdraw the work from the Visualizer-cum-<br />
Creative Director and get the same executed form any other agency at risk and cost<br />
of the Visualizer-cum-Creative Director.<br />
The UPSTDC shall pay the Visualizer-cum-Creative Director the said amount of<br />
Rs. (Rupees )or such amounts that shall become<br />
payable at the time and in the manner hereinafter specified herein before. All such<br />
payments shall be subject to tax deduction at source as required by the state, against<br />
which the corporation shall furnish necessary certified copy to the Visualizer-cum-<br />
Creative Director immediately.<br />
The Visualizer-cum-Creative Director will supply two sets of script one in each of the<br />
two languages duly marking the lighting cues.<br />
This contract shall be subject to Force Majeure.<br />
The Agreement is valid for a period of 12 months from the issuance of Letter of Intent.<br />
In pursuant to an order/direction of Government of India or any statutoryauthority, the<br />
UPSTDC is constrained to foreclose this Agreement beforethe period of completion, the<br />
Agreement shall be treated as close with effect from the date of the foreclosure notice.<br />
However, the Visualizer-cum-Creative Director shall be paid proportionately to the<br />
extent of the work completed byhim till the date of the issue of the said foreclosure<br />
notice.<br />
The contract can be terminated any time by either party upon giving threemonths’ notice<br />
to the other party and in the event of such termination, the Visualizer-cum-Creative<br />
Director shall be liable to refund the excess amount paid/payment, ifany made to him<br />
over and above what is due to him on the date oftermination and the UPSTDC will be<br />
entitled to make full use of all or anyof the material prepared.<br />
In such an event, the UPSTDC shall also be liable to pay the Visualizer-cum-Creative<br />
Director any such amount as may be pending in respect of the workscompleted by him<br />
up to that period in terms of this contract.If at any time during the progress of the works<br />
or after the completionthere of any time during the continuances of this Agreement any<br />
dispute ordifferences arise between the parties hereof in relation to or in connection<br />
withthis Agreement, the same shall be referred to the arbitration by the Chairmanand<br />
Managing Director of the UPSTDC. The arbitrator shall be a retired High Court Judge or<br />
a person of repute who will be chosen by mutual consent and his decision shall be final<br />
and binding on the parties.<br />
Request for Proposal 15
<strong>Uttar</strong> <strong>Pradesh</strong> State <strong>Tourism</strong> Development Corporation<br />
The Arbitration shall be conducted as per the provision of Arbitration &Conciliation Act<br />
1996 subject to provision on arbitration, as above LucknowCourts alone will have<br />
jurisdiction.<br />
In witness whereof the parties mentioned above have signed on the date,month and year<br />
stated above.<br />
Agreed by Visualizer-cum-Creative<br />
Director<br />
Agreed for and behalf of <strong>Uttar</strong> <strong>Pradesh</strong><br />
State <strong>Tourism</strong> Development Corporation<br />
Ltd.<br />
(Name and Signature)<br />
(Signature with seal)<br />
In the presence of<br />
In the presence of<br />
Request for Proposal 16