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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 />

Request for Proposal 4


<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 />

Request for Proposal 13


<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

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