GOVERNMENT OF WEST BENGAL
PUBLIC WORKS DIRECTORATE
Request for Proposal (RFP) No. 01 of 2020-2021 of the
Superintending Engineer, Western Circle No.-I
SUPERVISION CONSULTA NCY SERVICES
For
“Bolpur -Nanoor Road - Ch. from 0.0 kmp. to 19.0 kmp., widening and strengthening under Birbhum Division, P.W.D.in the district of Birbhum . [2nd Call (Retender)] ”
WESTERN CIRCLE NO-I PUBLIC WORKS DIRECTORATE GOVERNMENT OF WEST BENGAL
RFP 01 of 2020-21 for Supervision Consultancy Service
TABLE OF CONTENTS
Section – 1. Letter of Invitation Page 3-5
Section – 2. Information to Consultants with Data Sheet Page 6-27
Section – 3. Formats for submission of Firm’s Credentials Page 28 -30
Section – 4. Format for submission of Technical Proposal Page 3 1-41
Section – 5. Format for submission of Financial Proposal Page 4 2-48
Section – 6. Terms of Reference (TOR) Page 4 9-63
Section – 7. Page 6 4-10 1 Contract Agreement For Consultant’s Services
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Memo. No.43/5-1 Date : 11.01.2021 SECTION-1 LETTER OF INVITATION
ALL BIDDERS Dear Sir , 1. Public Works Department , Government of West Bengal ("PWD/Client") is entrusted with the work as detailed below (here inafter referred to as the "Project").
Table 1: Details of Project
Consultancy ROAD SECTION Concern Length of Estimated Assignment period Package No Division Project Project Cost Stretch (KM) / Civil Cost (Cr.) Bolpur -Nanoor Road - Ch. from
I 0.0 kmp. to 19.0 kmp., widening and strengthening under 60.46 13 months Project Duration + 2 months Birbhum 19.00 54.15 Birbhum Division, P.W.D.in the for preparation of
district of Birbhum. [2nd Call final statement / bill (Retender)]
2. Public Works Directorate now invites proposals for Supervision Consultancy to provide the fo llowing Services: Supe rvision of civ il works as defined in a ttached Terms of Reference, as the 'Consultant' ensuring that the ter ms of the Contract to be entered into between the Client and the Consultant related to the quality and quantity are adhered to and that the works are implemented in accordance with the provis ions/specifications as contained the rein wit hin the st ipulated time . The Services extends to implementation of all items of su pervis ion works pertaining to the Project complete in all respects up to the end o f cer tification of the final Statement . Complete details on the Serv ices are provided in the attached Terms of Reference. 3. The Client intends to select the Consultant for the project through an open competitive bidding process. 4. The Invitation of Proposals will be done as per the following schedule:
Last date for receipt of queries 20 th January, 2021 at 15-00 hrs
Pre -proposal conference 27 th January, 2021 at 12-00 hrs
Last date for receipt of Proposals 8th February, 2021 up to 15-00 hrs.
Opening of Technical Bid 15 th February, 2021 at 12-00 hrs.
Note: The pre-proposal conference shall be held in the office chamber of the Superintending Engineer, Western Circle No-I, PWD, Court Compound, Burdwan , PIN-713101 at the time and on the date mentioned herein above.
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5. The request for proposal (the "RFP") document can be viewed / downloaded from the PWD website (i.e. http://www .pwd .in) and also from e -tendering portal http://www.wbtenders.gov.in from 12.01.2021 to 08.02.2021 up to 15.00 hours IST . Bid must be submitted online at http://www.wbtenders.gov.in on or before 08.02.2021 (up to 15.00 hours IST). Technical Bids shall be opened on 15.02.2021 after 12-00 hours IST.
6. The two parts of the Proposal (Technical proposal and Financial proposal) must be submitted on -line with all pages numbered serial ly, along with an index of submission as per procedure under e-tendering. The technical proposal is also required to be submitted in a hard bound form exactly as per submission made online with all pages numbered serially along with an index of submission . The Financial proposal is to be submitted online only . Submission in any other form shall no t be accepted.
7. The hard copies of the technical proposal along with the Power of Attorney, joint b idding agreement and / or any other specified documents shall be submitted physically by the Bidder on or before 12-02-2021 (up to 15.00 hours IST) to: Superintending Engineer, Western Circle No.-I, PWD, Court Compound, Burdwan, Dist.- Purba Bardhaman PIN-713101
8. The Consultan t shall be selected under Quality and Cost based selection method (QCBS) and procedures described in this RFP . The Proposal sha ll consist of two parts which are as follows: (i) Part 1: Technical Proposal; and [ii) Part 2 : Financial Proposal . The Part 1 of the proposal i.e. the Technical Proposal would be opened first . The Consultants qualifying in the first stage would be considered for further eva luation . The F inan cial Proposal would be opened of those Shortlisted Consultants only secured qua lifying marks in the Technical eva luation. The final se lection of the Consultant would be based on combined score of the evaluated Technical Proposal and Financial Proposa l. The we ightage of Technical Proposal and Financial Proposal would be 70 % & 30 %, respective ly. This is in terms of memo No. 8385F(Y) dated 22-11-2013 of the Finance Department, Government of West Bengal.
9. The time period for the assignment of Supervision Consultant shall be as per Table 1 : Details Project.
10. The RFP includes the following documents:
Section 1 - Letter of Invitation Section 2 - Information to Consultants (including Data Sheet) Section 3 - Format for Submission of Firm’s credentials Section 4 - Technical Proposal Section 5 - Financial Proposal Section 6 - Terms of Reference Section 7 - Forms of Contract
11. PWD shall not be responsible for any de la y in receiving the Pr oposal and reserves the right to accept/reject any or all Proposals without assignin g any reason whatsoever .
Yours sincerely ,
Superintending Engineer, Western Circle No.-I, P.W.Dte.
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Memo. No.43/1(1) Dated :11.01.2021 Copy forwarded to the Joint Director of Information & Cultural Affairs Department, Writers’ Buildings, Kolkata- 700001 for information with the request for circulation of the widely as per norms through advertisement in the renowned/ widely circulated News Papers along with one No. C.D. for incorporation in the respective Website.
Superintending Engineer, Western Circle No.-I, P.W.Dte.
Memo No. :43/ 2(35) Date:11 .01.2021
Copy forwarded for information and wide circulation through his office NOTICE BOARD.
1) The Sabhadhipati, Purba Bardhaman/ Paschim Bardhaman / Birbhum / Purulia Zilla Parishad. 2) The P.S. to Principal Secretary, Govt. of West Bengal, Public Works Department. 3) The Chief Engineer (H.Q.), P.W.D., West Bengal, Nabanna, Howrah for his kind information. 4) The Chief Engineer (West Zone), P.W.D., West Bengal, Durgapur for his kind information. 5) The District Magistrate, Purba Bardhaman/ Paschim Bardhaman / Birbhum / Purulia. 6) The Superintending Engineer, P.W.D., Western Circle-II / Presidency Circle-I / Central Circle / South Western Circle / Western Electrical Circle. 7) The Executive Engineer, P.W.D., Burdwan / Asansol / Birbhum / Purulia Division 8) Assistant Labour Commissioner, Purba Bardhaman/ Paschim bardhaman / Birbhum/ Purulia. 9) District Contractor’s Association, Burdwan / Birbhum / Purulia. 10) District Unemployed Engineers Co-operative Society Association, Burdwan / Birbhum / Purulia. 11) Federation of Labour Co-operative Society Association, Court Compound, Burdwan / Birbhum / Purulia. 12) This Office Estimating Section / Notice Board of this office
Superintending Engineer, Western Circle No.-I, P.W.Dte.
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SECTION 2. INFORMA TIO N TO CONSULTANTS
1. INTRODUCTION
Definition
a) "Assignment" shall have t he mea ning set fo rth in the Da ta Sheet .
b) "Associate" or "Affiliate " mea ns, in relation to either Party and /or JV Members, a person who cont rols, is co ntroll ed by , or is un der th e commo n control with such Party or JV Member (as used in this defini tion, the expression "control" mea ns, with res pect to a person which is a com pany or corporation, the ownership, direc tl y or ind ir ectly, of more than 50% (fifty per cent) of the voting sha res of such pers on, and wi th respect to a person w hich is not a company or corpora tion , the powe r to direct the management a nd policies of such person, w hether by operation of law or by con tract o r otherwise) ;
c) "Bid Security" shall have t he mean ing as ascribe d under Cla use 1 .20.
d) "Client" means Public Wo rks Department, Govt . of West Bengal .
e) "Consultant" means an Applica nt to whic h th e Assignment wou ld be awa rde d pursuant to the eval uation of the Proposa ls that may provide or pr ovi des th e Services to the Client under the Contract .
f) "Contract" means the Contract signed be tween the Client and t he Consu lt ant after selection of the same unde r this RFP and all the attached doc ume nts listed in its Clause 1 i .e. the Ge neral Con ditions (GC), the Special Con dit io ns (Se) , and the App endices.
g) "Data Sheet" means suc h p art of t he In formation to Consultants used to reflect specific Assignment condi tio ns.
h) "Day" means calendar day.
i) "Government" means the Government of West Bengal . j) "Information to Consultants" (Sect ion 2 of the RFP) means the doc um ent which provides Appl ican ts wi th all informat ion nee ded to prepare t heir Proposal .
k) "LOI" means the Letter of Invitation provided at Sec tion 1 of the RFP .
1) "Personnel " means professionals and s upport staff provided by the Cons ulta nt assigned to perform the Services or a ny part thereof .
m) "Proposal" means the Tec hn ica l Pro posal and t he Financ ial Proposal submitted by an Applicant .
n) "RFP " mea ns th e Requ es t for Prop osa l do cument provid ed b y th e Client to the A ppli cants f or the purpose of selection of the Consultant .
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o) "Services " mean s the work to be performed by the Consultant pursuant to the Contract .
p) "Terms of Reference " means the document includ ed in th e RFP as Section which explain s the obj ective s, scop e of work , activities , and tasks to be p erformed , resp ecti ve responsibilities of the Client and the Consultant , and e xpected r esult s and deli verables of the Assignment .
1.1 In case an Applicant possess es the requisit e experienc e and capab ilit ies r equired fo r und er taking the role of th e Con sultant , it ma y partic ipate in the Se lection Pro cess eith er indi viduall y (the "Sole Firm ") or as a joint ve nture/con sortium o f 2 (tw o) consulting firms ( "Joint Venture ") in response to th is RFP . In th e event an applicant participates in the S election Process as a joint Venture, then on e of th e members of the said joint Venture shal l be des ignated a s the lead member of such Joint Venture ("Lead Member") for the purpose of thi s RFP . Ho wever , it i s her eby clarified that in the event an applican t partic ipates in the S election Proce ss in the form of a joint Venture , th en each memb er of such joint Ven ture shall be jointly and severally liable and respon sible t o the Client for all matters related to the Consultancy and shall be represent ed in the ir individual capacit y. For the avoidance of doubt, references to the te rm applicant in this RFP shall mean the Sole Firm or the jo int V enture , as the case ma y be. The manner i n wh ic h the Proposal is r equired to be submitted , e valua ted and accepted is explained in this RFP.
1.2 Conditions of eligibility of Applicants
1. 2.1 Appli cants must read carefully the minimum conditions of el igibil ity ( the "Conditions of Eligibility ") provided herein. Proposals of only those applicants who satisf y the Conditions of Eligibility will be considered for evaluation .
1.2.2 To b e e ligibl e for eva luation of its Proposal , an applicant shall fulfil /submit the following :
SI . Criteria For Sole Firm For Lead For other member No. Member in Joint in Joint Venture Venture Eligible applicant shall be either (i) proprietorship firm (with the proprietor having residence in India)or (ii) limited liability partnership or Must meet Must meet Must meet 1 partnership firm (with all the requi rement requir ement requirement partners having residence in India) or (iii) Company registered in India under Indian Companies Act 1956 or 2013 Minimum of 5 (fi ve) years of Must meet Must meet Must meet 2 consulta ncy experience i n the requir ement requir ement requirement rele vant discipline Net Worth should be minimum Must meet Must meet Must meet 3 positi ve requir ement requir ement requirement Minimum averag e turn ov er per annum from consultan cy ser vices 4 Rs.10 crores Rs.7 cr ores Rs.5 cr ores over the las t 3 (thr ee) financial ye ar s Ex peri enc e in supervision consultancy of c ivil wo rks of 26 kms (for 2 strengthening and widening 20 km s(for 2 lane lan e roads) /13 to2 -lane with paved shoulders or roads) /15 kms (for 15 kms ( for 2 -lane 5 kms (for 4 lane 4-lane di vid ed carriageway of 4 lane roads) in ro ad s) in aggregate roads) in NH/SH or equi valent road s abroad aggregate ag gr egate completed within las t 5 years or achieved a t least 90% progress (*)
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SI . Criteria For Sole For Lead Member For other member No. Firm in Joint Venture in Joint Venture
Provide strong consulting and evaluation team with at le ast 6 (six) Must meet Must meet Must meet 6 dedicated indi viduals as spe cified in requir ement requir ement requirement Clause 1. 21 of this RFP The app licant should not be an ent ity which has been barred b y t he Central/State Go vernmen t i n India or Must meet Must meet Must meet 7 an y entit y controlled b y them from requir ement requir ement requirement parti cipating in any project and the bar subsi sts as on . the date of subm iss ion of th e Proposal The firm should have minimum experience of preparation of Preparation of DPR / FSR cum Detailed Project Report/ Feasibility Study cum Preliminary 8 Preliminary Design Report for a Design Report of projects of aggregate length equal to 10 km or Highway Project more
(*) Note : The we ight age gi ve n for ex peri ence of a firm would d epend on th e role of the fi rm in th e res pective a ss ignmen ts . Sole firm : 100 %, Lead Partner : as per share or 75%, Other partner in a JV: as per share or 40%, As associate : as per share or 25%. For Joint Ve ntur es w ith mor e than thr ee firm s, e xp eri ence sh all not b e e ligibl e for eva luation .
To be eligible for e valuation of it s Proposal , an app licant shall submit the following :
• In c as e of joint Venture , the applicant shall submit a copy of the m emorandum of understanding executed between the members of the said joint Venture as p er the format specifi ed at Section 3 of this RFP , along with the Proposal ; • Th e applicant sho uld submit its ann ual audited financial statements for the last 3 (three) financial years . I n case of joint Venture, al l Members of joint Ventur e s hould subm it the annual audited financial statement s as per format specified at section 3 of this RFP and • The Propo sal should be accompanied with the Bid Security (as defined her einafter) as specified in Clause 1 .20 of this Section 2 of RFP .
Th e Propo sal o f a n applicant , which does not fulfil all or an y above -mentioned Condition s of Eligibilit y, shall be summaril y reject ed by PWD.
1.3 App lican ts ar e a dvised that the sel ec tion of the Consultant shal l' be on the ba sis of evaluation b y PWD through the Selection Process specified in this RFP. Applicants shall be deemed to ha ve understood and agreed that no explanation or jus tification for an y aspect of the Selection Process will be g ive n and that PWD 's decision with regard to selection of the Consultant is witho ut any right of appeal whatsoever .
1.4 Eac h applicant shall submit its Proposal in the form and manner spe cified in this R FP an d any Proposal that deviates from such form and manner as sp ecified in thi s RFP shall be li able to be summar il y rejec ted by PWD . The Te chnical Proposa l shall be submi tted in the form specified at Section 4 and the Finan cia l Propo sal shall be submitted in the form specified at Section 5. Upon select io n, t he Consultant shall be required to ent er into an agreement with P WD in t he f or m spec ifi ed at Section 7(the "Agreement ").
1.5 The Applicants are e nc ouraged to familiari ze themselves with the Assignment and local conditions before submitting their Proposals and pay a visit to the Client and the s ite of the Project before submitting a Proposal and to attend a pre-proposa l c onferen ce on the specified date and timeas specified in the Data Sh ee t. For the a voidance of do ubt , please note that attend ing the pre - pro posal conference is optional .
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1.6 Brief description of the Selection Process
PWD ha s adop ted a t wo stag e s el ec tion proc ess (collectiv ely the "Selection Process ") in evaluating th e Proposals compri sing Technical and Financi al Propo sa ls to be submitt ed in t wo se para te envelopes as specified in Clau se 3. 5 of this section . In th e first s tag e, a tec hni cal evaluation wil l be carri ed out as spec ifi ed in C lause 4.1. Ba sed on thi s technical evaluation, a list of short -list ed appli cants shall b e prepared . In the next s tage , a financial evaluation will be carried out a s sp ecified in Cla uses 4 .2. The ap plicant a chi eving th e highest combined t ec hni cal and fina ncial score as per Cla use 4.3 shall be selected for negotiation (the "Selected A ppl icant"), whil e th e n ext ranked Applicant wil l be kept in res erve. The C li en t intends to select th e Con sultant for the project th ro ugh an op en competitiv e bi dd ing proc ess .
1.7 Currency conversion rate and payment
1.7.1 Following enhancement factor will be used for the cost of services provided and for the turnover from consultancy business to a common base value for works completed in India:
Year of completion of Services / Turnover Enhancement Factor
F.Y.- 2018-19 1.00
F.Y. - 2017-18 1.10
F.Y. - 2016-17 1.21
Applicant should indicate actual figures of costs and amount for the works executed by them without accounting for the above mentioned factors. In case the financial figures and values of services provided are in foreign currency, the above enhancement factors will not be applied. Instead, current market exchange rate (State Bank of India BC Selling rate as on last date of submission of the bid) will be applied for the purpose of conversion of amount in foreign currency into Indian Rupees.
1.7.2 All Payments to the Consultan t shall be ma de in INR in a cc ordance with the provi si on s of this R FP and the Agreement . The Consultant may con vert INR into any f or eign c urrency as per applicable laws and th e ex change risk, if a ny, shall be born e by the Consu ltant .
1.8. Schedule of Selection Process PWD would endeavour to adhere to the following schedule:
Last date for receipt of queries 20 th January, 2021 at 15-00 hrs Pre -proposal conference 27 th January, 2021 at 12-00 hrs Last date for receipt of Proposals 8th February, 2021 up to 15-00 hrs. Opening of Technical Bid 15 th February, 2021 at 12-00 hrs.
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1.9 Communications
All communi cation s including th e Proposal should be addr essed to :
Superintending Engineer, Western Circle No.-I P. W. Directorate Court Compound, Burdwan P.O.-Burdwan, Dist. Purba Bardhaman, PIN-713101 e-mail : [email protected]
1.10. Number of Proposals An applicant shall be entitled to submit only one Proposal, either individually or as a member of any Joint Venture , as the case may be. If an Applicant submits or participates in more than one proposal , proposals of such Applicants shall be disqualified.
1.11 . Cost of Proposal App licants shall be responsible for all of the costs associated with the preparation of their Propo sals and their participation in the Selection Process including subsequent negotiati on, visits to PWD, the Project Site etc . PWD will not be respons ible or in any way liable for such costs, regardless of the conduct or outcome of the Selection Process .
1.12. Right to reject any or all Proposals Notwithstand ing anything contained in this RFP, PWD reserves the right to accept or reject any Proposal and to annul the Selection Process and reject all Proposals , at an y time without any liability or obligation for such acceptance , rejection or annulment , and without assigning any reasons thereof . More specifically, PWD res erves the right to reject any Proposal and forfeit the Bid Security if :
(a) at any time, a material misrepresentation/ improper response is made or uncovered , or
(b) an applicant does not provide , within the time specified by PWD , the supplemental information sought by the Authority for evaluation of its Proposal .
If such disqualification/rejection occurs after the Proposal (Technical Proposal and/or Financial Proposal) has been opened and the Selected Applicant gets disqualified/ rej ected, then the Authority reserves the right to:
(i) in vite the remaining applicants to submit their Proposals; or
(ii) take any such measures as may be deemed fit in the sole discretion of the Authority, including annulment of the Selection Process. Conflict of Interest
1.13 The Client requires that Applicant provides professional , objective, and impart ial ad vice and at all times h old the Client's interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work
1.14 Without limitation on the generality of the foregoing , the Applicant, and any of their Affiliates , shall be considered to have a conflict of interest and shall not be recruited , under any of the circumstances set forth below:
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(i) Conflicting activities
A firm that has been engaged by the Client to provide goods, works or services other than consulting services for a project and any of its Affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project and any of its Affiliates , shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the firm 's consulting services for such preparation or implementation. For the purpose of this paragraph, Services, other than consulting services are defined as those leading to a measurable physical output , for example surveys etc .
(ii) Conflicting assignments
An Applicant (including its Personnel and Sub -Consultants) or any of its Affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Applicant to be executed for the same or for another Client . For example, a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project , and a Consultant assisting a Client in the privatization of public assets shall not purchase, nor advise purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question.
(iii) Conflicting relationship
A Consultant (including its Personnel and Sub-Consultants) that has a business or family relationship with a member of the Client 's staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the Assignment, (ii) the selection process for the Assignment , or (iii) supervision of the Contract , may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Client throughout the selection process and the execution of the Contract.
1.15 The Applicants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the Client , or that may reasonably be perceived as having this effect . Failure to disclose said situations may lead to the disqualification of the Applicant or the termination of the Contract . In the event of such disqualification of the Applicant , the Client shall be entitled to forfeit and appropriate the Bid Security.
1.16 No agency or current employees of the Client shall work as Consultants under their own m inistries, departments or agencies. Recruiting former employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates an y government employee as a Personnel in their Technical Proposal , su ch Personnel must have written " certification from their respective government depar tment or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their pr evious official position. Such certification shall be provided to the Client by the Shortlisted Consultants as part of their Technical Proposal .
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1.17 Fraud &Corruption
The Applicants shall observe the highest standard of ethics during the selection process and execution of the Contract . In pursuance of the above, the PWD:
a) defines , the following terms which shall have the meaning hereinafter respectively assigned to them;
(i) "Corrupt practice" means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or for execution of the Contract;
(ii) "Fraudulent practice " means a misrepresentation or omission of facts in order to influence a selection process or the execution of the Contract;
(iii) "Collusive practices" means a scheme or arrangement between two or mor e Shortlisted Consultants with or without the knowledge of the Client , designed to establish prices at artificial , non -competitive levels;
(iv) "Coercive practices" means harming or threatening to harm , directly or indirectly , persons or their property to influence their participation in the selection process, or affect the execution of the Contract .
b) Shall reject a Proposal for award and appropriate the Bid Security , if it determines that the Applicant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the award o f a ny contract .
c) shall declare a Consultant ineligible , either indefin itely or for a stated period of time, to be awarded a domestic f inanced contract if it at any time determines that the Applicant has engaged in corrupt or fraudulen t practices in competing for , or in executing , a domes tic financ ed contract; and
d) shall have the right to require that, in d omestic financed contract , a provision be included requiring consultants to permit the PWD to inspect their accounts and records rela tin g to t he performance of t he contract and to have them audi ted by authorized representatives of PWD.
1.18 Applicants shall not be under a declaration of ine li gibility by PWD, WB fo r corrupt and fraudulent practices . Fu rthermore, the App licants shall be awa re of the provisions on fraud and corruption sta ted in the specif ic clauses in the General Conditions of Contract .
1.19 Proposal validity
The validity of the Proposals shall be as provided in the Data Sheet . During this period, Consultants shall maintain the availability of Profess ional staff nominated in the Proposal . The Client will make its best effor t to complete negotiations within this period . However, the Client may request the Consultants to extend the validity period of their proposals. The Consul tants who agree to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirma tion of extension of validity of the Proposal . Consultants who do not agree have the right to refuse to extend the validity of their Proposa ls.
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1.20 Bid Security The Applicants are required to deposit, along with their Proposal, a bid security of Rs. 3,00,000.00 (Rupees Three Lakh only) (the "Bid Security"), in the following payment mode:
Bid security to be submitted for the work shall be paid by either Net Banking or through RTGS/NEFT as per order No. 3975-F(Y) dated 28.07.2016 of Secretary to the Government of West Bengal, Finance Department.
A Proposal shall be summarily rejected if it is not accompanied by the Bid Security.
In addition to other provisions contained in this RFP for forfeiture of Bid Security, the Bid Security shall be forfeited as damages without prejudice to any other right or remedy that may be avai lable to the Client , under the following conditions :
(a) If an applicant submits a non -responsive Proposal .
(b) If an applicant is found to have a conflict of interest pursuant to Clause 1.13,1.14,1.15 &1.16 of this Section of RFP.
(c) If an applicant withdraws Proposal during the validity period as specified in Clause 1.19 of this Section of RFP.
(d) In the case of the Selected Applicant , if the members of the Joint Venture fail within the specified time limit - (i) to execute the Agreement with the Client, or (ii) to furnish the Performance Security within the period prescribed in the Agreement ."
1.21 Key Personnel
The consultancy team of the applicants shall consist of the following key personnel (the "Key Personnel "), who must fulfil the conditions of eligibility as specified below:
Sl. Key personnel Qualification No.
Graduate in Civil Engineering with at least 20 years professional experience of handling highway projects. He Project Team Leader cum should have worked as Resident Engineer /Project Manager 1 Highway Engineer or equivalent for minimum 10 years on supervision/
construction of highway projects with use of modem construction techniques. Graduate in Civil Engineering with at least 10 years professional experience of hand ling highway projects . He should have worked as Resident Engineer/ Project Manager/ Assistant Resident Engineer/ Highway Engineer 2 Resident Engineer or equivalent for minimum 5 years on supervision /construction of highway projects with use of modem cons tr uction techniques and also involve understanding the design provisions of approach road geometrics,
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pavement compositions, safety aspects and other road furniture, checking & controlling proper mix design, identifying and rectification of apparent faults / mistakes in respect of them.
He will be a civil engineering graduate with qualifications and / or experience of about 15 years with the specialization in procurement/contract management. He should have at least 4 years of experience and handled at least two projects in construction supervision of large size 3 Quantity Engineer Highway/complex road/bridge projects as a Quantity Surveyor with prime responsibilities of taking all measurements required to control project cost and time over-runs, examination of contractor’s claim, variation orders, processing of the invoices etc. He will be a Graduate Civil Engineer . He should have about 10 years of relevant professional experience (in flexible / rigid pavement) establishing quality assurance 4 Material cum pavement Engineer programs in respect of pavement related area for two similar highway construction projects including complex projects , using modern pavement construction technology .
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2. CLARIFICATION AND AMENDMENT 0F RFP DOCUMENTS
2.1. Clarifications
Applicants requiring any clarification on the RFP may send their queries to PWD in writing to the address mentioned at Clause 1.9 before the date mentioned in the schedule of Selection Process at Clause 1.8, by post or e-mail. PWD shall endeavour to respond to the questions raised or clarifications sought by the applicants. However, PWD reserves the right to not respond to any question or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring PWD to respond to any question or to provide any clarification. PWD shall not take any responsibility for postal or any other delay in response. PWD may also on its own, if deemed necessary, issue interpretations and clarifications to all applicants. All clarifications and interpretations issued by PWD shall be deemed to be part of the RFP. Verbal clarifications and information given by PWD or its employees or representatives shall not in any way or manner be binding on PWD.
2.2. Amendment of RFP
At any time prior to the Proposal Due Date, PWD may, for any reason, whether at its own ini tiative or in response to clarifications requested by an applicant , modify the RFP by the issuance of an addendum/amendment /corrigendum and posting it on its off icial website , i.e., http://www.pwd.in. In order to order to afford the applicants a reasonable time for taking an amendment into account, or for any other reason, PWD may, in its sole discretion, extend the Proposal Due Date as specified in Clause 1.8.
3. PREPARATION OF PROPOSALS
3.1 Language
All Proposals with all accompanying documents (the "Documents") and a11 communications in relation to or concerning the Selection Process shall be in English and strictly in the forms provided in this RFP . No supporting document or printed literature shall be submitted with the Proposal unless specifically ask ed for and in case any of these Documents is in another language, it must be accompanied by an accurate translation of the relevant passages in English, in which case, for all purposes of interpretation of the Proposal , the translation in English shall prevail .
3.2 Format and signing of Proposal
3.2 .1. The applicants shall provide all the information sought under this RFP . PWD would evaluate only those Proposals that are received in the specified forms and complete in all respects . 3.2.2 The Standard Forms (Section 4) of the Technical Proposal are listed below :
Appendix-B1 : Technical Proposal Submission Form Appendix- B2 : Firm’s Comments or Suggestions on the Terms of Reference Particulars and on data, services and facilities to be provided by the Client
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Appendix- B3 : Description of the Approach, Methodology and Work Plan for performing the assignment
Appendix- B4 : Composition of the Team and Task(s) of each Team member Appendix- B5 : Curriculum Vitae (CV) for proposed Key Professional Staff. Appendix- B6 : Time Schedule for deployment of Professional Staff Appendix- B7 : Activity (Work) Schedule Appendix- B8 : Affidavit for correctness of CV’s of Key Professional and experience claimed by the Firm Appendix- B9 : Memorandum of Understanding
The Standard Forms (Section 5) of the Financial Proposal are listed below :
Appendix-C1 : Financial Proposal Submission Form
Appendix – C2 : Summary of Costs
Appendix- C3 : Breakdown of Costs by activity
3.2.3 The Applicant shall prepare 1 (one) original set of the Technical Proposal (together with originals/ copies of documents required to be submitted along therewith pursuant to this RFP) and clearly marked "ORIGINAL" along with documents, if any, required to be submitted in pursuant to this RFP . The online submission of the Technical Proposal shall be the scanned copy of the Original . In the event of any discrepancy among the Original , the copies and the online submission, proposal will be rejected.
3.2.4 Proposals shall be typed and signed by the authorised representative of the applicant who shall initial each page. In case of printed and published Documents, only the cover shall be initialled. All alterations, omissions, additions or any other amendments made to a Proposal shall be initialled by the person(s) signing the Proposal . Unsigned Proposals will be summarily rejected.
3.2.5 In the event that the applicant constitutes a joint Venture , the applicant shall submit (i) a copy of the Memorandum Of Understanding executed between members of the joint Venture in the format prescribed in Appendix M of this RFP, and (ii) a power of attorney (executed by all members of the joint Venture) in favour of the designated Lead Member of the joint Venture in suitable format that authorizes the designated Lead Member of the joint Venture to act for and on behalf of the joint Venture and all the members of the joint Venture and to legally bind such joint Venture and all the members of the joint Venture in any contractual or similar documentation. The memorandum of understanding in accordance with Appendix M and power of attorney for Lead Member of joint Venture shall be attached to Standard Forms (Section 4) and submitted as part of the Appendix-B1 for Technical Proposal of such applicant . The Memorandum of Understanding shall identify the Lead Member . All members of the joint Venture shall sign the Proposal unless the Lead Member is empowered to do so in the power of attorney . It is hereby clarified that an Applicant (either single or in joint venture) is not permitted to have sub -Consultants or Associates during submission of the Proposal . Applicants should note the Proposal Due Date, as specified in Clause 1.8, for submission of Proposals. Except as specifically provided in this RFP , no supplementary material will be
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entertained by PWD and evaluation will be carried out only on the basis of Documents received by the closing time of the Proposal Due Date .
3.3 Technical Proposal
3.3.1 Applicants shall submit the technical proposal in the format specified at Section 4 (the "Technical Proposal").
3.3.2 While submitting the Technical Proposal , an applicant shall , in particu lar, ensur e that :
(a) All forms ar e submitt ed in the prescribed formats and signed by th e author ized signatories ; (b) Curriculum Vitae (CV) of all Professional Personnel (as defined her einafter) have been included ;
(c) Key Personnel have been proposed only if they meet the Conditions of Eligib ility laid down at Clause 1 .21 of this RFP ;
(e) No a lternativ e proposal for any Key Personne l is being made and only one Curriculum Vitae (CV) for each po sition ha s been furnished ;
(e) Professional Personnel proposed have good working knowledge of English language ; ~" (f) Key Personnel would be available for the period indicated in the TOR ; (g) Bid Security as spec ified in this RFP has been provided; (h) Power of attorney , if applicable, is executed as per applicable laws; (i) In case of joint Venture , a cop y of the memorandum of und erstanding executed between the members of such joint V enture and a power of attorney in favour o f the Lead M ember of the joint Ventur e are submitted along with the Proposal.
3.3.3 Failur e to compl y with th e requirements spelt out in this Clause 3.3 shall make the Proposal liable to be rejected .
3.3.4 If any Key P ersonnel of an applicant makes a false av erment regarding his qualification , experience or other particulars , or his commitment regarding availability for the Project is not fu lfilled at an y s tage after signing of the Agreement, he shall be liable to be permanen tly debarred for any future assignment of PWD. The award o f Con sultan cy to such applicant may also be liable to cancell ation/rej ection in such an ev ent.
3.3.5 The Technica l Proposal shal l not include any financial information relating to the Financial Proposal.
3.3.6 PWD reserves the right to verify all statements , information and documents , submitted by an applicant in response to this RFP .
3.4. Financial Proposal
3.4.1. Applicants shall submit the financial proposal in the format specified at Section 5(the
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"Financial Proposal") clearly indicating the total cost of providing the Consultancy in both figures and words, in Indian Rupees and signed by the applicant's authorised representative. In the event of any difference between figures and words , the amount indicated in words shal l prevail .
3.4.2. While submitting the Financial Proposal, all applicants shall ensure the following:
(i) All the costs associated with the assignment shall be included in the Financial Proposal . Th ese shall normally cover (a) remuneration including per diem for staff and (b) reimbursable expenses indicated in the Data Sheet . All activities and items described in the Technical Proposal must be priced separately ; activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items. The total amount indicated in the Financial Proposal shall be without any condition attached or subject to any assumption, and shall be final and binding . In case any assumption or condition is indicated in the Financial Proposal, it shall be considered non -responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all expenses and tax liabilities. For the avoidance of doubt, it is clarified that all taxes shall be deemed to be included in the costs shown under different items of the Financial Proposal . Further , all payments shall be subject to deduction of taxes at source as per applicable laws. However , GST, at applicable rates, shall be reimbursed by the Client on submission of documentary evidence, if applicable, to appropriate authorities.
(iii) Costs shall be expressed in Indian Rupees .
3.5. Submission of Proposal
3.5 .1. Detailed RFP may be downloaded from E-tendering portal of Client.(ht tp://www .wbtenders .gov .in / http ://www .pwd .in) and the Application may be submitted online at http ://www.wbtenders.gov .in .
3.5.2 The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be up loaded on the E -tende ring po rtal of Employer)
a. Technical Proposal scanned from the hard copy of the Technical Proposal in original as indicated in para "B" be low b. Financial proposal in the prescribed format (Appendix C1 to C3 of Section 5)
B. Hard copy of Technical Proposal in or iginal as per Clause 3.5.3. 3 .5.4 and 3.5
3.5.3 The applicants shall submit their Technical Proposals in bound form with all pages numbered serially and by giving an index of submissions. 3.5.4 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked "TECHNICAL PROPOSAL" . which will bear the address of PWD. as indicated at Clause 1 .9. and shall bear the name and address of the applicant . It shall bear on top . "Do not o pen. except in presence of an authorised person ofPWD '. The name of the work should be specified as for “Bolpur -Nanoor Road - Ch. from 0.0 kmp. to 19.0 kmp., widening and strengthening under Birbhum Division, P.W.D.in the district of Birbhum. [2nd Call (Retender)] ”
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3.5.5. If the envelope is not sealed and marked as instructed above , PWD assumes no responsibility for the misplacement or premature opening of the conten ts of the Proposal submitted and consequent losse s, if any, suffered by the applicant and such Proposal shall b e summarily rejected.
3.5.6 The envelope marked "Technical Proposal" shall contain, if applicable :
(i) Application in the prescribed form at as detailed in Section 4 and supporting documents (ii) Copy of the charter/ constitutional documents of the applicant (e.g . a copy of the memorandum and articles of association if the applicant is a com pany. a copy of the partnership deed if the applicant is a partnership firm, a copy of the limited liability partne rship agreement if the app licant is a limi ted liabili ty partne rship (LLP) , e tc.); It is hereby clarified that in the event the app licant is a Joint Venture, each member of such Joint Venture shal l submi t copies of their respective charter/constitutional documents in the manner specified above.
(iii) Copies of applicant 's duly audited balance sheet for the 3 (three) years preceding FY 2016-17. In case of joint venture , each member of the joint venture shall submit duly audited balance sheets for three years preceding FY 2016 -201 7;
(iv) Bid Security as specified in Clause No. 1.20 and
(v) Application processing fee as applicab le shall be paid to th e Service provider of E-tendering portal, if any .
3.6 Proposal Due Date
3.6.1 . Scanned copies of the Technical and Fi nancial Proposals should be uploaded on the e-tendering portal of the Employer submitted on or before 15-00 hours on 12th of February, 2021 (the "Pro posal D ue Date").
3.6.2. PWD may, in its sole discretion , extend the Proposal Due Date by issuing an addendum in accordance with Clause 2 .2 uniformly for all applicants.
3.7. Late Proposals
Proposals received by PWD after the specified time on the Proposal Due Date shall not be eligible for consideration a nd shall be summar ily rejected .
3.8. Modification/substitution/withdrawal of Proposals
3.8.1. An applicant may modify, substitute or withdraw its Proposal after submission , provided that written notice of the modification, substitution or withdrawal is received by PWD prior to the Proposal Due Date . No Proposal shall be modified , substituted or withdrawn by the applicant on or after the Proposal Due Date.
3.8.2. The modification, substi tution or withdrawal notice shall be prepare d, sealed, marked and delivered with the envelopes bein g additionally marked "MODIFICATION ", "SUBSTITUTION" or "WITHDRAWAL ", as appropriate.
Any alteration/ modifi cation in the Proposal or additional information o r material supplied subsequent to the Proposal Due Date, shall be disregarded unless the same has been exp ressly sought for by PWD.
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EVALUATION PROCESS 3.9. Evaluation of Proposals
3.9.1 . Opening of Proposals will be done through online for Financial Proposal and both on -line and manually for Technical Proposal .
3.9.2. For participating in the tender, the authorized signatory holding Power of Attorney shall be the Digital Signatory. In case the authorized signatory holding Power of Attorney and Digital Signatory ar e not the same , the bid shall be considered non -responsive .
3.9 .3. PWD shall open the Technical Proposals at a time duly announced on the Date of Opening of Technical Bid , at the place specified in Clause 1 .9 and in the presence of the applicants who choose to attend.
3.9 .4. Any Proposal for which a written notice of withdrawal has been submitted shall not be opened.
3.9 .5. Prior to evaluation of Proposals , PWD will determine whether each Proposal is responsive to the requirements specified in this RFP . PWD may, in its sole discretion, reject any Proposal that is not responsive hereunder. A Proposal shall be considered responsive only if :
(a) The Proposal is received on or before the Proposal Due Date including any extension thereof pursuant to Clause 3 .6;
(b) It is signed, sealed, bound together in hard cover and marked as stipulated in Clauses 3 .2 and 3.5 ;
(c) It is accompanied by the power of attorney as specified in Clause. 1 .2.2 along with an extract of the resolution passed by its board of directors (if applicable) authorizing the issuance of such power of attorney;
(d) Bid Security has been provided as specified in Clause 1.20; and (e) It contains all the information (complete in all respects) as requested in this RFP. (f) In case of joint Venture, it is accompanied with a copy of the memorandum of understanding (as per the format prescribed in Appendix M of the RFP) executed between the members of the joint Venture and a power of in favour of the Lead Member of the joint Venture as specified in Clause 3.2 .5.
3.9.6 PWD reserves the right to reject any Proposal which is non - responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by PWD in respect of such Proposal .
3.9.7. PWD sha ll subsequently examine and evaluate Proposals in accordance with the Selection Process and the cr iteria set out in this RFP .
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3.9.8. After the technical evaluation, PWD shall prepare a list of pre - qualified and shortlisted applicants for opening of their Financial Proposa ls. The result of technical evaluation and the date , time and venue for opening of Financial Proposals will be uploaded on the website of PWD (Le. http://www .pwd .in) / e -tendering portal http ://www .wb tenders .gov .in. The Client shall also notify those Consultants whose Proposals did not meet the minimum qualifying mark or were considered non-responsive to the RFP and TOR , that their financial proposals will remain unopened. The opening of Financial Proposals shall be done in the presence of the respective representatives of the applicants who choose to be present . PWD will not entertain any query or c larification from applicants who fail to qual ify any of the stages of the Select ion Process. The financia l evaluation and final ranking of the Proposals shal l be carried out in terms of Clauses 4 .2 and 4.3 .
3.9 .9. Applicants are advised that selection will be entire ly at the discretion of PWD. Applicants wil l be deemed to have understood and agreed that no explanation or justification on any aspect of the Selection Process wi ll be given .
3.9.10. Any information contained in the P roposal shall not in any way be construed as binding on PWD, its agents , successors or assigns, but shall be binding against the applicant if the Consul tancy is subsequently awarded to it .
3.1 0. Confidentiality
Informat ion relating to the examination, clarification , evaluation and recommendat ion for the selection of applicants shall not be disclosed to any person who is not officially concerned with the Selection Process or is not a retained professional adviser advising PWD in relation to matters arising out of, or concerning the Selection Process. PWD will treat all info rmation, submitted as part of a Proposal, in confidence and will require all those who have access to such mater ial t o treat the s ame in confidence. PWD may not divulge any such informatio n un less i t is directed to do so by any statutory entity that has the power under applicable la w to " require its disclosure or is to enforce or assert any right or privilege of any statutory entity and/or PWD .
3. 11 . Clarifications
3.1 1. 1. To facilitate evaluation of Proposa ls, PWD may, at its sole discretion , see k clarifications from any applicant regarding its Proposal . Such c larifications shall be provided within the time spec ified by PWD for t his purpose. Any request for clarif ic ation(s) and all clarification(s) in response thereto shall be in writing.
3.1 1. 2. if an applicant does not provide clarifications sought under Clause 3 .11.1 above within the specified t ime, its Proposal shall be liable to be rejected at the discretion of PWD . In case the Proposal is not rejected, PWD may proceed to evaluate the Proposal by construing the particulars requiring clarification to the best of its understanding, and the applicant shall be barred from subsequently questioning such interpretation of PWD.
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APPOINTMENT OF CONSULTANT
3.12. Negotiations
The Selected Applicant may, if necessary, be invited for negotiations. The negotiations may not be necessarily for reducing the price of the Proposal, but also for re-confirming the obligations of the Consultant under this RFP. Issues such as deployment of Key Personnel, understanding of the RFP, methodology and quality of the work plan shall be discussed during negotiations.
3.1 3. Substitution of Key Personnel
3.13 .1 . PWD will not normally consider any request of the Selected Applicant for substitut ion of Key Personnel as the ranking of the Selected Applicant will be based on the evaluation of Key Personnel and any change therein may upset the ranking. Subst itut ion will, however , be permitted at the sole discretion of PWD if the Key Personnel is not available for reasons of any incapacity, death or due to health reasons, subject to equally or better qualified and experienced personnel being provided to the satisfaction of PWD.
3.13.2 . PWD expects all the Key Personnel to be available during implementation of the Consultancy and fulfilment of the terms and conditions specified in this RFP and the Agreement .
3.14 . Indemnity
The Consu ltant shal l, subject to the provisions of the Agreement, indemnify PWD for any direct loss or damage that is caused due to any deficiency in services on the part of the Co nsultant during implementation of the . Consultancy and fulfilment of the terms and conditions specified in this RFP and the Agreement .
3.15 . Award of Consultancy
After selection , a letter of award (the "LOA") shall be iss ued , in duplicate , by PWD to the Selected Applicant and the Selected Applicant shall, wit hin 7 (seven) days of the receipt of the LOA , sign and re turn the d uplicate copy of the LOA in acknowledgement thereof . In the event the duplica te copy of the LOA duly signed by the Selected Applicant is not received by the stipulated date, PWD may, unless it consents to extension of time fo r submission thereof , consider the next highest ranking applicant and appoint the said applicant as the Consultant if the said app lican t fulfils all the eligibility criteria men tioned in this RFP. It is hereby clarified that in the event the Selected Applicant is a joint Venture , then the LOA shall be issued jointly, in the name of each member of such joint Venture.
3.16. Execution of Agreement
After issuance of the LOA in favour of the Selected Applicant and after receiving th e Performance Security from such Selected Applicant, the LOA and the Acknowledgement of receiving toe Performance Securi ty will be uploaded in the e-procurement portal by PWD. The Selected Applicant shall execute the Agreement within 7 (seven) days of the date of such acknowledgement by PWD. The Selected Applicant shall not be en titled to seek any deviation in the Agreement . It is hereby clarified that in the event the Selected Applicant is a joint Venture , then the Authority shall execu te the A greement with each of the members forming a part of such joint Venture.
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3.17. Commencement of assignm ent
The Consultant shall commence the Consultancy at the Project Site with imm ediate effect from the date of the Agreement o r such other date as may be mutually agreed . If the Consultant fails to either sign the Agreement as specified in Clause 3 .16 or commence the Consultancy as specified herein, PWD may invite the second ranked applicant for negotiati ons.
3.18. Proprietary data All documents and other information provided by PWD or submitted by an applicant to PWD shall remain or become the property of PWD . Appl icants and the Consultant , as the case may be, are to treat all information as strictly confidential . PWD will not ret urn any Pro po sal or any information related thereto to any of the applicants. All inform ation colle ct ed, analysed, processed or in whatever manner provided by the applican ts and /or the Consultant , as the case may be, to PWD in relation to the Consul tancy shall be the property of PWD.
4. CRITERIA FOR EVALUATION
4.1. Eva luation of Technical Proposals
4.1 .1. From the time of the opening of the Te chnical Proposals till the time the Contract is awarded, the Shortlisted Consultants should not contact the Client on any matter related to its Technical and/or Financia l Proposal . Any effort by Shortlisted Consultants to influence the Cl ient in the examination , evaluation, ranking of Proposals , and recommendation for award of Contract may result in the rejection of the Shortlisted Consultants' Propos al. Evaluators of Technical Proposals shall have no access to the F inancial Proposals until the technical evaluation is concluded.
4.1.2. The evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, sub -criteria, and point system specified in the Data Sheet . Each responsive Prop osa l will be given a technical score (St). A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP, and particularly the Terms of Reference or if it fa ils to achieve the minimum technical score ind icated in the Data Sheet .
4.2. Evaluation of Financial Proposal
Each Financial Proposal will be assigned a financial score S f. PWD wil l dete rmine whether the f inancial proposals are responsive as per terms of RFP, complete, unqualified and unconditional . The Eva luation Committee will correct any computational errors . When co rrecting computational errors, in case of discrepancy between a partia l amount and the total amount, or between word and figures the formers will prevail . In addition to the above corrections, activities and items described in the Technica l Proposal but not priced, shall be assumed to be included in the p rices of other act ivities or items .
The lowes t eva luated F inancial Proposal (F m) will be given the maximum financial score (S f) of 100 points. The formula for determining the financial scores is the following:
Sf= 100 x Fm/F where, S f is the financial score, F m is the lowest price and F the price of the Proposal under consideration.
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4.3. Final Scoring
4.3 .1 Proposals will be ranked according to their combined technical (S t) and financial (S f) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet:
S = St x T% + Sf x P%.
The weights given to Technical and Financial Proposals are : T = 0.70 and P = 0.30
4.3.2 The f irst ranked App licant sha ll be one , who shall score the highest combined score . The subsequent ranked Applicant may be kept in reserve and may be invited for negot iations in case the selected Applicant withdraws or fails to comply with the requirement specified in the Clause 3 .12, 3 .16 and 3 .17 .
5. PRE-PROPOSAL CONFERENCE
5. 1 Pre-proposal conference of the app licants shall be convened at the designated date , time and place . All prequalified app licants sha ll be allowed to participate in the pre-proposal conference. A maximum of 2 (two) representatives of each pre -qualified applicant shall be allowed to participate on production of an authority letter from the concerned app licant .
5.2 During the course of the pre -proposal conference, the applicants will be free to seek clarif ica tions and make suggestions for consideration of the Client. The Client shal l endeavour to provide clarifications and such further information as it may , in its sole discret ion, consider appropriate for facilitating a fair, transparent and competitive Selection Process .
6. MISCELLANEOUS
6.1 The Selection Process shall be governed by , and construed in accordance with, the laws of India and the courts at Kolkata shall have exclusiv e jurisdiction over all disputes arising under, pursuant to and/or in connection with the Selection Process .
6.2 The Client , in its sole discretion and without incurring any obligation or liability, reserves the right , at any time, to :
(a) suspend and/or cancel the Selection Pr ocess and/or amend and /or supplement the Selection Process or modify the dates or other terms and conditions relating thereto;
(b) consult with any applicant in o rder to receive clarification or further information;
(c) retain any information and/or ev idence submitted to the Au thority by, on behalf of and /or in relation to any appli cant; and /or
(d) independently verify, disqualify, reject and /or accept any and all submissions or other information an d/or evidence submitted by or on behalf of any applicant .
6.3 It shall be deemed that by submitting a Proposal, the applicant agrees and releases the Client, its employees, agents and advisers, ir revocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs , expenses or liabilities in any w ay related to or arising from the exercise of any rights and/or performance of any obligations hereunder , pursuant hereto and/or in connection herewith and waives any and all righ ts and/or claims it may have in th is respect, w hether actual or contingent, whether present or future .
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DATA SHEET
(Refer Clause 2.1, 3, 3.2, 3.3 of Section-2)
1.1 Pre-Proposal Conference shall be held in the office chamber of the Superintending Engineer, Western Circle No.-I, PWD, Court Compound, Burdwan, PIN-713101. 1.2 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to Pre-Proposal Conference. The address for requesting clarification is: Superintending Engineer, Western Circle No.-I P. W. Directorate Court Compound, Burdwan P.O.-Burdwan, Dist. Purba Bardhaman, PIN-713101 e-mail : [email protected]
3.1 The Language of documents and correspondence shall be in English. 3.2 All the personnel shall have working knowledge of English and all the reports etcshall be written in English. 3.3 Client shall pay Goods and Services tax (GST) as applicable for Consultancy services. Consultant has to assess all other taxes and should inbuilt them in their financial proposal. These taxes (other than GST) should not be provided separately. 3.4 The Consultants to state all cost in Indian Rupee only. 4.1 The points assigned to Technical Evaluation criteria are: Sl. Description Marks Reference No. 1 Relevant experience for the assignment 25 Refer Item A for Sub-criteria 2 Qualifications and competence of the Key Staff for the 75 Refer Item B assignment for Sub-criteria Total = 100
A) Sub-criteria for Relevant Experience of the firm for the assignment: Criteria Marks
Year of Establishment of the Firm (In case of JV year of establishment of 1 Lead Member shall be considered) Average Annual Turnover (last 3 years) from consultancy business 2 Organizing and Staffing 2 Technical Approach and Methodology for the Work Plan in response to 2 the TOR Experience in Construction Supervision as Independent Engineer / 12 Authority Engineer in similar projects within last 5 years. Experience in DPR preparation / Feasibility Study cum Preliminary 6 Design Report for similar projects in last 5 years Total = 25
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Note: 1. In case of JV, the turnover and experience details of Lead and JV partners will be added for evaluation. Credentials of associate firm(s), except key personnel if any, will not be considered for evaluation. However, consultant should submit details as per section 3 separately for Lead partner, JV partner and associate. Employer’s certificate should be submitted substantiating the experience claimed by the firm. 2. Applicants having only the Minimum qualification shall be given 75% of allotted points while the applicant having the maximum qualification shall be given 100% of allotted points. Points of any applicant having qualification between the maximum & minimum shall be proportionately calculated. 3. The term ‘Similar Project’ shall mean Ex peri enc e in supervision consultancy of c ivil wo rks of strengthening and widening to 2 -lane with paved shoulders or 4 -lane di vid ed carriageway of NH/SH or equi valent road s abroad completed within las t 10 years or achieved a t least 90% progress as detailed in clause 1.2.2 of Section 2 of RFP . 4. The technical proposal should score at least 75 marks to be considered responsive for financial evaluation.
B) Qualification and competence of following professional/sub-professional staff for the assignment: B.1 The weightage for various Key Professional staff are as under:- Sl. Staff Position Marks allotted No. 1 Team Leader cum Highway Engineer 25 2 Resident Engineer 18 3 Quantity Engineer 16 4 Material cum pavement Engineer 16 Total = 75
B.2 Sub-criteria for qualification of Key Professional staff: Sl. Weightage on Break-up of Weightage Sub-criteria No. marks allotted 1 General 30% Educational Qualification 12% qualification Professional Experience: 18% 2 Adequacy for 70% Experience in specific positions in similar 30% the project projects: Experience relevant to particular 40% assignment as per TOR
Note: 1. Applicants having only the Minimum qualification shall be given 75% of allotted points while the applicant having the maximum qualification shall be given 100% of allotted points. Points of any applicant having qualification between the maximum & minimum shall be proportionately calculated. 2. The term ‘Similar Project’ shall mean Ex peri enc e in supervision consultancy of c ivil wo rks of strengthening and widening to 2 -lane with paved shoulders or 4 -lane di vid ed carriageway of NH/SH or equi valent road s abroad completed within las t 10 years or achieved a t least 90% progress as detailed in clause 1.2.2 of Section 2 of RFP . 3. The technical proposal should score at least 75 marks to be considered responsive for financial evaluation.
5.0 Commencement of Assignment: The firm shall begin carrying out the services within one month of signing of the Consultancy Agreement.
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Enclosure – A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF OF SUPERVISION CONSULTANT
SL. Key Personnel Staffing Input Man-month against each during Total Man-month No. Service Period during Service A. Key Personnel Period 1 Team Leader cum Highway Engineer 1 (Full Time) 15 15 2 Resident Engineer 1 (Full Time) 15 15 3 Quantity Engineer 1 (Full Time) 15 15 4 Material cum pavement Engineer 1 (Full Time) 15 15 Sub-total = 4 60 60
B. Sub-Professional Staff (a) Quantity Surveyor 1 (Full Time) 15 15 (b) Junior Highway Engineer 1 (Full Time) 13 13 Junior Highway Engineer (For culvert and (c) 1 (Full Time) 13 13 CD structure) (d) Lab Technician 1 (Full Time) 13 13 Sub-total = 4 54 54
Note: The qualification and experience of Sub Professional staff would not be accounted in the evaluation. However, Consultant shall have to get their CVs approved from Employer before mobilization. The other inputs like support staff shall also be provided by the Consultant of an acceptable type commensuration with the roles and responsibilities of each position.
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Section – 3:
Formats for submission of firm’s credentials
The proposal should contain the following information in enclosed format attached at Appendix A. • Year of establishment of Firm. • Average Annual Turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last three years (FY 2018-2019, FY 2017-2018 and FY 2016-2017). For claiming experience of Highway projects, completion certificate from employer should be enclosed . The proposal should also contain the details of the key personnel viz. their name, qualification, expertise area, experience and years of association with the firm along with documental proof.
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APPENDIX – A (The following information related to the firm should be provided in the proposal.)
i. Name of the Project applied for: ______ii. Year of establishment of firm*: Type of Organisation Year of Consultant Country Establishment Individual Partnership Corporation Other
Individual / Lead Partner (of JV)/ Minor
Partner of JV/Associate
NOTE:- (a) Year of Establishment of Lead Partner of JV shall be considered. (b) *Copy of Certificate of incorporation shall be submitted. iii. Office/Business Address/Telephone nos./Cable Address.: ______iv. Narrative description of firm (Not more than 2 sheets): v. Name of two(2) principals who may be contacted with title and telephone number/fax number/e-mail. vi. Financial Statement of the last three years. ** Sl. No. Particular FY 2018-2019 FY 2017-2018 FY 2016-2017
1. Annual turnover from Consulting Business.
2. Total Assets
3. Current Assets
NOTE:- Financial statement should be submitted in the letter head of Chattered Accountant duly signed by him.
(a) ** The amount shall be stated in INR. (Consider 1US Dollar = _____ Rs. and 1 Euro = ______Rs.). (This will be the exchange rates as per Reserve Bank of India rounded off to nearest Rupee applicable at the time of RFP invitation). (b) The currency conversion rate for the respective years shall be mentioned for other international currencies. (c) Balance Sheet/ Auditor Certificate of the corresponding years shall be submitted as evidence of Annual Turnover.
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vii. Experience as Construction supervision of Highway projects, separately for PPP and non-PPP Projects during the last 5 years.
Sl. Project Type of services Description of Client Total Fee for Fee received %age of Approx. Period no. Name rendered as Project / the by the total fee cost of (with complete & Year Length (km) Assignment applicant received Project (Sole Consultant / address, contact by the Prime Consultant of person, (Rs.) (for JV / (Rs) firm JV / Minor Consultant telephone/FAX no.) Association) of JV / Associate Consultant)
1 2 3 4 5 6 7 8 9 10 A. Completed / Substantially completed project: 1 2 … B. Projects in progress: 1 2 … viii. Experience in DPR / Feasibility Study cum Preliminary Design Report preparation of projects separately for the PPP and non-PPP projects during the last 5 years.
Sl. Project Type of services Length of Client Total Fee for Fee received %age of total Approx. cost no. Name rendered as Project the by the fee received of Project (with complete & Year (km) consultancy applicant by the firm (Sole Consultant / address, contact (Rs) Assignment Prime Consultant of person, (for JV / JV / Minor Consultant telephone/FAX no.) (Rs.) Association) of JV / Associate Consultant)
1 2 3 4 5 6 7 8 9
NOTE:-
(a) The weightage given for experience of a firm would depend on the role of the firm in the respective assignments . Sole firm : 100 %, Lead Partner : 75%, Other partner in a JV: 25%, As associate : 25%. For Joint Ve ntur es w ith mor e than thr ee firm s, e xp eri ence sh all not b e e ligibl e for eva luation . (b) For weightage of experience in any past Consultancy assignment, experience certificate from the client shall be submitted . Sole firm : 100 %, Lead Partner : 75%, Other partner in a JV: 25%, As associate : 25%. For Joint Ve ntur es w ith mor e than thr ee firm s, e xp eri ence sh all not b e e ligibl e for eva luation . Annual turnover duly certified by Chartered Accountant shall be accepted. In case of non-availability of such documents no weightage of turnover/experience will be considered. (c) The term ‘Similar Project’ shall mean Experience in supervision consultancy of civil works of strengthening and widening to 2 -lane with paved shoulders or 4 -lane di vid ed carriageway of NH/SH or equi valent road s abroad completed within las t 10 years or achieved a t least 90% progress as detailed in clause 1.2.2 of Section 2 of RFP.
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Section – 4
Formats for submission of Technical Proposal
Appendix – B1 Technical proposal submission form.
Firm’s comments and suggestions on the Terms of Reference and on data, Appendix – B2 services, and facilities to be provided by the Employer
Approach paper on methodology and work plan for performing the Appendix – B3 assignment.
Appendix – B4 Composition of the Team and Task(s) of each Team member
Appendix – B5 Curriculum vitae of proposed Professional staff.
Appendix – B6 Time schedule for deployment of Professional staff
Appendix – B7 Activity (works) schedule.
Affidavit for correctness of CVs of key personnel and experience claimed Appendix – B8 by the firm.
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APPENDIX – B1 Technical proposal submission form
From: ______
Superintending Engineer, Western Circle No.-I P. W. Directorate Court Compound, Burdwan P.O.-Burdwan, Dist. Purba Bardhaman, PIN-713101 e-mail : [email protected]
Sub : Submission of Technical and Financial Proposal for “Bolpur -Nanoor Road - Ch. from 0.0 kmp. to 19.0 kmp., widening and strengthening under Birbhum Division, P.W.D.in the district of Birbhum. [2nd Call (Retender)] ”
Sir, We, the undersigned, offer to provide the consulting services for the above in accordance with your Request for Proposal dated (Date), and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal for the above mentioned work.
[if the applicant is in the capacity of Joint Venture, then the proposal is to be submitted as a Joint Venture with a list showing full name and legal address of each member and the applicant should be the Lead member and inserting a Memorandum Of Understanding of the Joint Venture signed by every participating member which details the likely legal structure of and the confirmation of joint and severable liability of the members of the said Joint Venture].
We declare that all the information and statements made in this proposal are true and correct and all documents accompanying such proposal are true copies of their respective originals.
We understand that Employer shall be at liberty to keep the credentials of Consultants submitted at bidding stage, in public domain and the same may be uploaded by Employer on official website of Employer. We undertake that we shall have no objection if Employer uploads/hosts the information pertaining to credentials of our firm as well as of our key personnel.
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive
We remain, Yours sincerely,
Managing Director / Head of the firm / Authorized Representative of the firm* Name of the firm *Lead Member in case of JV Address
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APPENDIX – B2 COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON SERVICES AND FACILITIES TO BE PROVIDED BY THE EMPLOYER
On the Terms of Reference (not more than one page):
1.
2.
3.
4.
….
On the services and facilities to be provided by the Employer (not more than one page)
1.
2.
3.
4.
….
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APPENDIX – B3 APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT
(not more than six pages)
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APPENDIX – B4 COMPOSITION OF THE TEAM PERSONNEL AND TASK(S) OF EACH TEAM MEMBER
1. Technical / Managerial Staff: Sl. No. Name Position Task
1.
2.
3.
4.
….
2. Support Staff: Sl. No. Name Position Task
1.
2.
3.
4.
….
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APPENDIX – B5 FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
1. Proposed Position :
2. Name of Firm :
3. Name of Staff :
4. Profession : Photograph 5. Date of Birth :
6. Nationality :
7. Years with Firm / Entity :
8. Membership of Professional Societies :
9. Detailed Task Assigned : Period Sl. Name of Post Project Assignment Client of the Remarks No. Employer Held Name in the project project From To
10. Education: [Summarise college/university and other specialised education of staff member, giving their names, dates attended, and degrees obtained with documental proof . Use about one quarter of a page]
11. Key Qualification: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use about half a page]
12. Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, name of employing organisations, titles of positions held, and locations of assignments. For experience also give types of activities performed and client references, where appropriate. Use about three-quarters of a page.]
13. Summary of Qualification & Experience vis-à-vis the requirement as per TOR Break-up of experience Requirements as per Possessed by the Staff TOR Member Brief Description of Project Man-month provided
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14. Certification by the Candidate: I, the undersigned, (Name and Address) undertake that this CV correctly describes myself, my qualifications and my experience and Employer would be at liberty to debar me if any information given in the CV, in particular the Summary of Qualification & Experience vis-à-vis the requirements as per TOR is found incorrect. I further undertake that I have neither been debarred by NHAI or any other central/state government organization nor left any assignment with the consultants engaged by Employer / contracting firm (firm to be supervised now) for any continuing work of Employer without completing my assignment. I will be available for the entire duration of the current project (named…..). If I leave this assignment in the middle of the work, Employer would be at liberty to debar me from taking any assignment in any of the Employer works for an appropriate period of time to be decided by the Employer. I have no objection if my services are extended by the Employer for this work in future. I further undertake that my CV is being proposed for this project by ------(the applicant firm) and I have not given consent to any other consultant(s) to propose my CV for any position for this project. I further undertake that if due to my inability to work on this project due to unavoidable circumstances, due to which consultant’s firm is forced to seek replacement. In such unavoidable circumstances, I shall not undertake any employment in Employer projects during the period of assignment of this project and Employer shall consider my CV invalid till such time. I undertake that I have no objection in uploading/hosting of my credentials by Employer in public domain.
(For Key Personnel having intermittent inputs, add the following:)
I further certify that I am associated with the following assignments as on date (as on 7 days prior to due date for submission of proposal) including those for which LOA has been received by the firm and the inputs in these assignments shall not affect the work of the current assignment.
Name of Assignment Client Date of Likely start Likely end Total input of the LOA (Month/Year) (Month/Year) person (Man-month)
Note: CVs of Key Personnel having intermittent inputs will be considered only if the assignments on hand as on 7 days before due date of proposal including those for which LOA has been received from the Client or for which Consultant has been declared as H1 do not exceed 3 (three) for Senior Contract Specialist
______Date : ______
(Signature of Key Personnel) (Day / month / year)
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15. Certification by the firm: The undersigned on behalf of ------(name of consulting firm) certify that the qualification and experience details of Shri ------(name of the proposed personnel and address) as described in the CV has been checked and found to be correct. It is also certified that Shri------(name of proposed personnel) to the best of our knowledge has neither been debarred by MORT&H/NHAI or any other Central/State Government organization nor left his assignment with any other consulting firm engaged by the Employer / Contracting firm (firm to be supervised now) for the ongoing projects. We understand that if the information about leaving the past assignment is known to the Employer, Employer would be at liberty to remove the personnel from the present assignment and debar him for an appropriate period to be decided by the Employer.
______Date : ______
(Signature of Authorised representative of the firm) (Day / month / year)
Note:-
a) Personnel is to affix his recent photograph on first page of CV. b) Complete address and phone number of the Personnel is to be provided. c) Document for proof of age is to be enclosed. d) Document for proof of qualification is to be enclosed. e) Age of the personnel shall not be more than as specified. f) Experience Certificates from Employers to be attached.
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APPENDIX – B6 TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
(A) Activity Schedule: Month-wise Program (in form of Bar Chart)
[1st, 2nd, etc. are months from the start of assignment] Sl. Name Position No. Number
1st 1st 4th 5th 6th 7th 8th 9th 3rd 2nd of months 10th 11th 12th 13th 14th 15th
1 Subtotal 1
2 Subtotal 2
3 Subtotal 3
…
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APPENDIX – B7 ACTIVITY (WORKS) SCHEDULE
(A) Activity Schedule: Item of Month wise Program (in form of Bar Chart) Sl. Activity [1st, 2nd, etc. are months from the start of assignment] No. (Works) 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th
1
2
3
…
(B) Completion and submission of Reports: Sl. Reports Programme (Date) No.
1 Monthly reports (Design & Construction)
2 Quarterly Report
3 Various others reports as provided in the Contractor’s Contract Agreement.
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APPENDIX – B8 AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND EXPERIENCE CLAIMED BY THE FIRMS
(To be submitted on non-judicial Stamp Paper)
I, the undersigned, on behalf of ______(name of the Consultant submitting the proposal), do hereby certify that the details furnished in this proposal including CV of key personnel and experience claimed by the firm/firms are true and correct to the best of my knowledge and belief.
Managing Director/Head of the Firm/Authorised Representative of the firm*
Address
*Lead Member in case of JV
*****
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Section – 5 :
Formats for submission of Financial Proposal
Appendix – C1 Financial proposal submission form
Appendix – C2 Summary of costs
Appendix – C3 Breakdown of costs
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APPENDIX – C1 Financial Proposal submission form
From: ______
Superintending Engineer, Western Circle No.-I P. W. Directorate Court Compound, Burdwan P.O.-Burdwan, Dist. Purba Bardhaman, PIN-713101 e-mail : [email protected]
Subject : Submission of Technical and Financial Proposal for “Bolpur -Nanoor Road - Ch. from 0.0 kmp. to 19.0 kmp., widening and strengthening under Birbhum Division, P.W.D.in the district of Birbhum. [2nd Call (Retender)] ”
Sir,
We, the undersigned, offer to provide the consulting services for the above in accordance with your Request for Proposal dated ______, and our proposal. Our attached financial proposal is for the sum of ______[Amount in words and figures]. This amount is inclusive of the local taxes, which we have estimated at ______(Amount in Words and Figures).
Our financial proposal shall be binding upon us subject to the modifications resulting from contract negotiations, up to the expiration of the validity period of the proposal, i.e., ______.
We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.
No Commission and gratuities have been paid or are to be paid by us to agents relating to this proposal and contract execution.
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,
Managing Director / Head of the firm /Authorised Representative of the firm *Name of the firm Address *Lead Member in case of JV
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APPENDIX – C2 SUMMARY OF COSTS
No. Description Amount (Rs.) I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Office Rent
V Office Supplies, Utilities and Communication
VI Office Furniture and Equipment
VII Reports and Document Printing
VIII Contingencies
GST Payable in India for Consultancy Services
Total Costs (Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract.
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APPENDIX – C3 BREAKDOWN OF COSTS
I. Remuneration for Professional Staff: No. Personnel Man-month Billing Rate Amount (Rs) During Service (Rs) Period
A. Key Personnel
1 15 Team Leader cum Highway Engineer 2 15 Resident Engineer 3 15 Quantity Engineer 4 15 Material cum pavement Engineer Sub-total = 60
B. Sub-Professional Staff
(a) Quantity Surveyor 15
(b) Junior Highway Engineer 13
(c) Junior Highway Engineer (For culvert 13 and CD structure)
(d) Lab Technician 13
Sub-total = 54
Grand Total =
II. Support Staff: No. Position Name Staff-month Rate Amount (Rs) (Rs) 1 Office Manager (1 no. for each job) 15 2 Office Boy (1 no. for each job) 15 3 Night Watchman (1 no. for each job) 15 Computer operator cum steno (1 no. 4 15 for each job)
Sub-Total =
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III. Transportation (Fixed rate on rental basis): The vehicles provided by the Consultants shall include the cost for rental, drivers, operation, maintenance, repairs, insurance, etc. for all complete.
No. Description of Vehicles Quantity Rate per Amount vehicle month (No. of vehicle-month) (Rs)
During Service Period
1 Car – Bharat Stage-IV 30 (not more than 5 years old)
Total =
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IV. Office Rent (Fixed Costs): The rent cost includes electricity and water charges, maintenance, Cleaning, repairs, etc. complete.
Amount Number of Months Rate / month (Rs.)
15
V. Office Supplies, Utilities and Communication (Reimbursable) No. Item Month Monthly Rate Amount (Rs.) (Rs.) 1 Office Supplies 15 Communication facilities with 15 2 telephone, internet etc. Total :
VI. Office Furniture and Equipment (Rental) [Fixed monthly cost]: No. Description Unit Qty. Rate / Period Amount month in (Rs.) / Unit months (Rs.) Office Furniture (Rental / Hire) Executive Table (Godrej make, model 1 Each 2 15 No. T-108 or equivalent) Executive Chairs (Godrej make, model 2 Each 2 15 No. PCH-701 or equivalent) Tables (Godrej make, model No. 3 Each 4 15 T-104 or equivalent) Ordinary Chairs Type-1 (Godrej make, 4 Each 4 15 model No T-CHR –6 or equivalent) Tables (for all other staff) (Godrej 5 Each 2 15 make, model No. T-101 or equivalent) Ordinary Chairs –Type II (for all other 6 staff) (Godrej make, model No. Each 6 15 CHR-6 or equivalent Steel Almirah 1270mm x 765mm x 7 440mm (Godrej make, model minor Each 3 15 plain or equivalent) Visitors chairs/Conference room 8 chairs (Godrej make, model No. Each 4 15 DCH7004 or equivalent) Tables for computers with 3 drawers, key board/mouse pull out 9 Each trays size 1664mm x 900 (Godrej 2 15 make. Or equivalent as per Engineer’s design) 10 Revolving Chairs for Computer Each 2 15 Room
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No. Description Unit Qty. Rate / Period Amount month / Unit in (Rs.) (Rs.) months Office Equipments (Rental / Hire) 15 11 Photocopier Each 1
Computer PC (including running 15 12 Each 2 cost) 15 13 Laser Jet Printers Each 1 15 14 Binding Machine Each 1
15 15 Water Coolers Each 1
16 Software L.S. 1
Total :
VII. Reports & Document Printing:
No. Description No. of No. of copies Total no. Rate per Amount Reports per Report of copies copy 1 Monthly Reports 13 5 65
2 Quarterly Reports 4 5 20
3 Various others reports as 3 10 30 provided in the Agreement such as Completion Report
Total =
VIII. Contingencies: A fixed amount of Indian Rupees ONE MILLION shall be included in the Financial Proposal. The provisions of Contingency shall be operated with the specific approval from the Client.
*****
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Section – 6
: Terms of Reference (TOR) for Supervision Consultant
Note: The term “Agreement” and clauses thereof refer to the Agreement dated ______, entered between Authority/Client and ______(the Contractor) for the work “Bolpur -Nanoor Road - Ch. from 0.0 kmp. to 19.0 kmp., widening and strengthening under Birbhum Division, P.W.D.in the district of Birbhum. [2nd Call (Retender)] ”
The contractor has been selected based on Tender procedure in accordance with the West Bengal Form No. 2911 and Special Terms and Conditions of the Contract and with detailed BOQ (item wise) thereby arriving at total estimated cost of the project. The Contractor is selected by accepting the Financial bid of the technically qualified bidders only whose offered percentage rate over the Estimated amount put to the tender stands lowest.
PROPOSED CONSULTANCY ARRANGEMENT
Under the proposed arrangement, the Consultant will be required to create field offices. All the field offices are to be located at the site of the project in consultation with the client. A set of experts and field Engineers are to be deployed to carry out day to day supervision of works as well as quality control testing etc. as brought out in the Chart placed separately.
OBJECTIVES
The objectives of the Consultant’s services are:
To ensure that high quality construction is achieved within the stipulated time period and to ensure that all works are carried out in full compliance with the engineering design, technical specifications and other contract documents.
CONTRACT MANAGEMENT FRAMEWORK
(i) The Tender Inviting Authority will be the overall in-charge of the civil work. He will be supported by the Concern Executive Engineer, PWD with other supporting staff including Accounts section of the Division Office. The Division Office will interact with both the Supervision Consultant and the contractor and shall be reporting to the Superintending Engineer at the Circle office. The Division office will be the field formation of the Circle office and shall act on behalf of the Client in the construction work.
(ii) The Client's Representative will have authority to give directions to the Consultant in all routine matters related to the contract management/administration which will include among other things application of correctives for any laxity in respect of slow progress and poor quality level of execution, to examine the cases of variation orders including variations in quantities and additional work items recommended by the Consultant.
(iii) The Supervision Consultant shall assist the Client in all matters pertaining to contract management, as required.
(iv) The Client or his representative may inspect and review the progress of works and may issue appropriate directions to the Engineer for taking necessary action. The Client or his representative may also test check the quality and quantity of the materials brought to the site
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for incorporating in the permanent works and may also test check the quantity, quality and workmanship of the work executed in the presence of the representatives of the Engineer and the Contractor.
6. THE CONSULTANT
; 6.1 The Consultant shall be eligible to undertake supervision and contract management of the proposed construction of the Project. The Consultant so selected shall nominate a person to be the "Consultant’s Representative". This person will reside at the site of the Project on a full-time basis throughout the period of the construction supervision services and will be known as Team Leader . He will be the overall in-charge of the Consultant at the site of the Project and shall interact with the Division office as well as with the Circle office on routine basis. Team Leader shall discharge all the duties and responsibilities of the Consultant.
6.2 The supervision team of the Consultant shall be composed of highly qualified and experienced Key Professionals. The indicative qualification and experience criteria are furnished in Annexure-I and the proposed aggregate man- months in Para 13 subsequently. The criteria indicated are for the guidance of the Consultant. The relevant professional experience means, the actual experience in the concerned area of expertise on similar nature of highway projects. The quality of experience will be given due weightage during technical evaluation.
6.3 The Consultant is required to develop the proper understanding of the Project design and drawings. Review of the contractors/manufacturer's designs in the case of specialized work will be the responsibility of the Consultant .
6.4 The suggestive qualification experience for Key Sub-professional Staff as indicated in Annexure -II shall regulate the approval of these Personnel during the implementation stage. The approval in respect of these Personnel from the Client will be required before the deployment.
6.5 There are certain positions of Key Personnel like Team Leader cum Highway Engineer, Material cum pavement Engineer, Bridge Engineer, Quantity cum Contract Engineer, Resident Engineer and Highway Engineer cum Pavement Expert where deployment of suitable personnel is considered essential for successful completion of the Project. These positions are to be considered for the purpose of technical evaluation. Consultant is therefore advised to field truly competent and experienced experts at these positions.
7. DUTIES AND RESPONSIBILITIES OF THE CONSULTANT
7.1 The Consultant is required to appoint a Team Leader to act as the "Consultant’s Representative". The Consultant shall delegate the responsibilities to this Team Leader to work and act on behalf of the Consultant to carry out most of the functions related to the Assignment. The Consultant may have the internal regulatory and controlling arrangement with the Team Leader and for this purpose a Team Leader might interact and receive the directions from the Consultant as decided by the Consultant. The Client may also interact with the Consultant if required. 7.2 The duties of the consultant will be (i) to review and approval of drawings, (ii) issue of 'Good for Construction' drawings, (iii) properly supervise the works, (iv) approve the materials and workmanship of the works in cooperation and in consultation with the Client, (v) administering the Contract, (vi) certifying payments due to the Contractor, (vii) issuing and in valuing Variations to the Contract, (viii) in awarding extensions of time, (ix) valuing the Compensation Events and Road Safety Audit during construction stage for the road sections under the Supervision consultancy package .The Consultant shall administer all the construction works contracts related to the Project (the 'CCD") and shall ensure that the contractual clauses, whether related to quality or quantities of work, are specifically adhered. The 'Consultant' shall have no authority to relieve the contractors of any of their duties or
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obligations under the contracts or to impose additional obligations not included in the contracts. The duties of the Consultant will also include issue of decisions, certificates and orders as specified in details in the CCD .
7.2 .1 Principal responsibilities of the Consultant shall be to carry out all the duties as specified in the CCD , within the limitations specified therein , but not limited to the following. In case of any disparity, the stipulations made in the civil CCD shall prevail in the order of precedence mentioned therein. Broad responsibilities of the Consultant are ; (i) Review of all the drawings prepared by the DPR Consultants and / or the contractor ; (ii) To approve the Contractor's key superintendent personnel, construction mobilization program s, temporary land to be occupied by the Contractor; (iii) To approve the contractor 's work program including activity scheduling and resource programming; (v) Ensure that the construction works are in accordance with the technical specifications , Environmental Management Plan and other stipulation of CCD and the construction methods proposed by the Contractor are in compliance with the above stipulations particularly , in relation to Contractor 's construction equipment and other resource deployment; (vi) To approve setting out of the works; (vii) To verify and if necessary order correction of the as built drawings supplied by the Contractor ; (viii) Ensure a system of Quality Assurance of works, approve materials and sources of materials, review all bituminous mix designs and concrete mix designs proposed by the Contractor and approve/suggest modifications in the mix design, if required, laying methods, sampling and testing procedure and Quality Control measures to ensure required standard and consistency in quality, at the commencement of item;
(ix) Check the laboratory and field tests carried out by the Contractor and develop a mechanism in consultation with the Client to involve Team Leader to carry out adequate number of independent tests other than the regular testing done by the Contractor;
(x) Order special tests of materials and/or completed works , order removal and substitution of improper materials and/or works as required ;
(xi) To make independent measurements and check all quantity measurements and calculations required for payment purpose and ensure that all measurements and cal culations are carried out in a manner and at the frequencies specified in the CCD ;
(xi) To issue a working drawing or modify the existing drawing or to supply a new/supplementary drawing which is not included in the CCD, wherever required and to give instructions thereof in this connection to the Contractor ;
(xii) To control and appraise the progress of the construction of the Project works. (xiii) To monitor and check the day to day quality control and quantity measurements of the works carried out under the CCD, keep all measurement records as per the directions of the Client and issue monthly/interim payment certificates when the quality of the Works is satisfactory and the quantities are correct ; (xiv) To carry out Road Safety Audit during construction by examining the maintenance of existing lanes , ensuring safe and smooth flow of traffic , safety of all road users , construction workers, required road signs, markings and other traffic control
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devices, lighting of work zones, provision of guards, watchmen, etc. and issuing necessary instruction to the Contractor in respect of taking required safety measures.
(xv) To direct the Contractor to carry out all such Works or to do such things as may be necessary in his opinion to avoid or to reduce the risk in any emergency affecting the safety of life or of adjoining property ; (xvi) To direct the Contractor to take all necessary steps including those mentioned in the CCD to protect the environment on and off the site of the Project which arise due to construction operations of the Project; (xvii) Issue interim certificates for monthly payments and final payment certificate for final payment to the Contractors , and specify completion of parts of the totality of the works , details of progress. Quantities executed and P ayments recommended are to be recorded in the measurement books before issue of interim certificate and final certificate ;
(xix) To verify and correct the as-built drawings supplied by the Contractor;
(xx) To direct the Contractor to take all n ecessary steps to maintain the rate of progress of works as p er the approved programme of the Contractor on monthly basis ; (xxi) To provide adequate Supervision of Contractor's work carried out in more than one shift thus matching the working hours to be the same as that of the Contractor.
(xxii) To ensure timely completion of the Project without diluting the quality standards envisaged and be fully accountable to the Client in this regard ; (xxiii) Provide assistance to the Client in respect of contract implementation , claims and other matters ; (xxiv) Advise and assist the Client with respect to arbitration, litigation if so required ; (xxv) Review and ensure continuity of contractor's services in approved formats; (xxvi) Prepare quarterly cash flow projects for the Client in a format acceptable to the Client . Cash flow should identify budget estimates for all outstanding Works ; (xxviii) Maintain records of all plant, labour and material used in the construction of the Works;
7.2 .2 The other responsibilities of the Consultant will be to carry out all such duties which are essential for effective implementation of the Project and Road Safety Audit as mentioned in but not limited to the following: (i) To prepare , in consultation with the Client, a Construction Supervision Manual outlining routines and procedures to be applied in contract management, construction supervision and administration. The routines and procedures will be in accordance with the requirements.
(ii) Assist/advise the Client for advance actions required to be taken for handing over of the site of the Project and in achieving different milestones for completion of Project as per schedule ; (iii) To verify the quantities of all items in the BOQ and suggest modifications to the same if necessary as per the prevailing site conditions , for the approval of the Client; (iv) Assist the Client in proper monitoring/progress of works and implementation of Project through computer aided project management technique and Management Information System (MIS) ;
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(v) To write a day by day project diary which shall record all events pertaining to the admission of the CCD , request from and orders given to the Contractor, any other information which may at a later date be of assistance in resolving queries which may arise concerning execution of the Works ; (vi) Prepare and issue monthl y and quarterly progress reports along with detailed quality control test statement in an approved format and also prepare detailed contract completion report ; (vii) To advise the Client on all matters relating to execution of the works , claims from the Contractor and to make recommendations thereon, including the possible recourse to arbitration; (viii) To prepare detailed recommendations to the Client for incorporation of any addenda to the CCD , as necessary, to ensure the best possible technical results are achieved with the available funds;
(ix) To assist the Client in taking over from the Contractor of each section , in particular by preparing lists of deficiencies which need to be corrected;
(x) Prepare a maintenance manual, outline the routines to be adopted in each specific reach and for the CD works and bridges; (xi) Assist the Client in providing clarifications/explanations to observations made , from time to time, by the Auditor; (xii) Assist the Client in co-ordination works with different agencies like Railways, Forest etc. and those related to utility services and local administration for resettlement issues and hold meetings for proper and timely implementation of the Project ; (xiii) Advise and assist the Client in case of imposition of Liquidated Damages in case of failure in complying to schedule of Completion due to Contractor's default ;
(xiv) Advise and assist th e Client for appropriate action in case of termination of CCD , assessment o f valuation of unpaid works and termination payments ; (xv) In case of termination of CCD , the C onsultant may require to prepare estimates and bid document s for balance Works. In situation where it is f elt es sential to mak e som e changes in the design/drawings , the Consultan t shall undertake the same by deploying experts and these experts may be hired by the Client or through the Consultant as per the requirement after mutual negotiation; (xvi) To carry out any other duties relevant to the Project agreed during the negotiations ; 8. ACTION REQUIRING SPECIFIC APPROVAL OF THE CLIENT
8.1 The Consultant will be required to obtain the specific approval of the Client in the matters as specified in CCD.
8.2 The Consultant will seek prior permission of the Client before taking any of the following actions ; (i) Cons enting to the sub contracting of an y part of the Works , if allowable in the CCD ; (ii) Certifying additional cost determined ;
(iii) Ordering suspension of Works; (iv) Issuing a variation except if such variation would be within the limits as indicated in the CCD;
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(v) Approving new rates either for existing items of work , which arises from variation quantities beyond the limit , defined in the CCD or fixing rates of non-priced works involving any extra item and certifying any additional cost determined under the provisions of CCD ; (vi) Issuing the order for special tests not provided for in the CCD and determining the cost of such tests, which shall be added to the contract price ; (vii) Issuing/approving the Technical Specification , if not provided for an item of Works in the CCD , similarly ; for an y change in Technical Specification of an y item of work in cluding those for geo-textile/modified bitumen/SMA etc .
(viii) Issuing/approving any alterations in , any omissions from , additions to, or substitutions for the original specifications, drawings , designs and instructions that may appear to be necessary or advisable during the progress of the work.
9. INTERIM AND FINAL PAYMENTS
The Consultant will process interim and final payments to the contractor . Interim payments shall be based on interim payment certificates processed by the Consultant following claims filed by the Contractor . The Consultant /Consultant's Representative will be responsible for ensuring that all measurements are taken as per specifications and drawings for the works and are recorded in presence of the representative of Contractor and are countersigned by him. All measurements will be taken by the Quantity Surveyors or any senior Technical staff deployed by the Consultant . In processing contractual payments , the Team Leader of the Consultant will certify the measurements and quality control tests . The Team Leader or any of his concerned experts shall do the repeat tests or measurements, if directed by the Executive Engineer or any of his representative of the construction package.
10. LIKELY ADDITIONAL SERVICE
The Consultant may be required to carry out the following in the event of the contingencies arising for them on the request of the Client as per terms negotiated then. No financial cost should be provided against them in the present financial proposal . The events are : (i) Preparation of reports or additional contract documents for consideration of proposals for carrying out any additional work; (ii) To assist the Client in joint inspection of Black spots with the Police Authority as and when required and notified by the Client, collect the accident details of the Black spots, analyse the accident data and suggest for short term and long term mitigating measures to reduce accidents. (iii) Any other specialist services by the Consultant or by other specialists. pertaining to the works contract supervised by the Consultant as may be agreed upon;
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11 . REPORTING REQUIREMENTS 11 .1 The Consultant shall prepare and submit the following reports in hard and soft copies (Table 3) to the Client on the format prepared by the Consultant and as approved by the Client .
Table 3
Particulars of the Report Frequency No. of Copies
Every month by 5 th of the following 5 hard &1 soft 1) Monthly Progress Reports month By 20 th of 1 st month of Every Quarter 5 hard &1 soft 2) Quarterly Progress reports
Once On completion of contract 10 hard &2 soft 3) Final Completion Report with CD packages
11 .2 MONTHLY REPORTS
The Consultant will , no later than 5 th of each month , prepare a brief progress report summarizing th e work accomplished by the supervision team for the preceding month . The report will outline any problems encountered (administrati ve, technical or financial) and give recommendations on how these problems may be overcome . Brief work progress summaries will be included for ongoing road and bridge works , outlining problems encountered and re commending solutions . The report should record the status of payment of Contractor 's monthly certificates , of all claims for cost or time extensions , and of action required of government and other agencies to permit unconstrained works implementation . The report would also include the status of mobilisation and equipment , material and Personnel of the Contractor at the site of the Project . The report would also analyse the physical and financial progress of civil works vis-a-vis the Contractor's Works programme .
11 .3 QUARTERLY PROGRESS REPORTS
The Consultant will prepare a c omprehensive report summarizing all activities under the Services at the end of each quarter, and also at other times when considered warranted by either the Consultant or the Client because of delay of the construction works or because of the occurrence of technical or contractual difficulties . Such reports shall summarize (i) the activities of the Consultant (ii) th e progress of th e Contracts (iii) all contract variations and change orders (iv) the status of Contractor 's claims , if any ; etc . and will include br ief descr iptions of the technical and contra ctual problems being encountered, physical and financial progress on approved formats , financial status of the CCD as a whole consisting the cost incurred , and cost forecast, as well as financial plan and other relevant information for the on-going CCD .
11 .4 FINAL COMPLETION REPORTS
The Consultant will prepare a comprehensive final Completion Report of the CCD , after entire section reaches a stage of substantial completion during the period of the Services . These reports must be submitted immediately after the completion of the Works by the Contractor and before taking over of such section by the Client . The report shall incorporate inter alias among other things summary of the method of construction , the construction supervision performed , as built construction drawings , category-wise project cost incurred, problems encountered &solutions undertaken thereon and recommendations for future projects of similar nature to be undertaken by the Client . The Consultant shall summarize and consolidate in a single report the key information to prepare the final Completion Report for the entire construct ion package.
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11.5 The Consultant shall also prepare and submit the following reports (hard &soft copies) from time to time to the client .
Sl. No. Description Frequency No. of Copies 1 Supervision Manual Once immediately after 5 hard copies and 1 soft commencement of services copy 2 O & M Manual Once after completion of contract 5 hard copies and 1 soft package copy
12. EXPEC TED INPUTS :
TABLE-4
KEY PERSON NEL - for Supervision consultancy package
Position IN PUT Remarks
Team Leader cum Highway Engineer No. 1 Resident Engineer No. 1 Fo r supervision consultancy Quantity Engineer No. 1 package Material cum pavement Engineer No. 1 Total No. 4
TABLE- 5
KEY SUB-PROFESSIONAL STAFF for Supervision Consultancy package
Position INPUT Remarks
Quantity Surveyors T No . 1 Junior Highway Engineer a No . 1 b For supervision consultancy Junior Highway Engineer (For culvert and CD l No. 1 package structure) e Lab Technician No. 1 6 TOTAL No. 4
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TABLE-6
SUPPORT STAFF for Supervision Contract
Position INPUT Remarks
Office Manager No. 1 Office Boy No. 1 for One office Night Watchman No 1
Computer operator cum steno No. 1
TOTAL No 4
13.3 Consul tants are required to furnish CVs of Team Leader cum Highway Engineer, Material cum pavement Engineer, Quantity cum Contract Engineer, and Resident Engineers, which will be evaluated .
The Key Personnel shall include:
1. Team Leader cum Highway Engineer 2. Resident Engineer 3. Quantity Engineer 4. Material cum pavement Engineer
Key Sub Professionals (CVs of these staff are not required to be submit ted but only the n umber and man-mon th s of s uch s taff need to be indicated in the technical proposal .)
1. Junior Highway Engineers 2. Quantity S urveyors 3. Junior Highway Engineer (For culvert and CD structure) 4. Lab Technician
14 . STAF FING SCHEDUL E
14.1 The i mp le mentat ion p eriod will consist of a constr uction period p urs uant to para 2.1 and a Period of 3 months for prepara tion of f inal statement / bill . The Team Leader will assist the Client in management of CCD , besides finalizing the details/ formats/sched ules to be followed during the project implementation stage .
14 .2 The site supervision team would be mobilized on the date of actual commencement of works by the contractor.
14.3 After award of the Contract the Client expects all of the proposed Key Personnel to be ava il able during impl ementation of the Contract as per the agreed staffing sched ule . Th e Client will not consider substitutions during Contract implementation except under exceptional circumstances. In case of such replacements , the Consultant will ensure that there is a reasona ble overlap of at least one m onth between the staff to be replaced and replacement, at the cost of the Consultant .
14 .5 The client may ask for mob ili zation or demobilization of some Key Professional with one-month prior notice as per requirement and progress of Works.
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15. DATA , SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT
15 .1 THE SHORTLISTED CONSU LT ANTS AR E REQUIR ED TO QUOTE THEIR R ATE S ON MON THLY BASIS FOR PROVIDI NG TH E FOLLOWING FOR THEIR OW N U SE:
15.1 .1 All offices shall be on mon thly hire basis (indicating the rate per sq. m) and computing at the cost for the office area 175 sq.m. All the offices shall be situa ted at si te of the Project . A porti on of one of the field offices shall be used as Team Lea der 's office . A portion of the area for all the field offices woul d be maintained for Client 's officials with due consultations with Client 's officials during i mplementation. The exact requirements of the area will be determined during negotiations .
15.1 .2 2(Two) nos. Car-BS-IV (not more than 5 years old) for on hire basis for this project.
15 .1.4 Computers 6 nos for Consultant 's personn el with minimum configuration as Intel Core i3, 4 GB RAM, 500 GB Hard Disk , office furniture and equipment etc. on hire basis per office by the Client along with all latest compatible software as per requirement of the Client .
15.1 .5 The cost for all these items will be included in the Financial Proposal and shall be considered for evaluation . 15.2 In case the Client decides to provide any or all of these items either by procuring it from the Contractor or by supplying the material already available with the Client, then these services may not be taken from the Consultant . But cost of these items are required to be provided in the Financial Proposal as per Para 15.1 above.
15.3 Client will provid e to the Shortlisted Consultants the copies of all the Project reports in cluding design and drawings and relevant databases collected by the design consultants .
16. DEF ICIEN CIE S OF SE RVICES
Deficiencies in the services on part of Consultant may attract penal provisions in the form of fines, up to a maximum amount of 5 % of contract price and/or debarment etc. by the Client . Deficiencies in Services may include. • Not acting impartially or acting in collusion with Contractor in award of variation, fixation of new rates etc.; • Not keeping proper records regarding quality control , inspection , rejection/rectification of Works etc .; • Failure to give proper and timely advice to Client/Contractor to enable correction during execution ; • Withholding approvals etc. ; • Refusing to give reasons for decisions when called for by the Client .; • Not being fully conversant with manuals, specifications , standards, Client's /Ministry's guidelines and requirement of the Project to be followed during construction ; • Certifying substandard work for payment • Not exercising required scrutiny/non approval of temporary stretch/works
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• • Lack of proper coordination with Contractor and Project Director/ Client 's representative to ensure smooth implementation of the Project ; • Permitting subletting of any part/major Works without authorization .
17. PERFORMANCE SECURITY
Co nsu ltant shall be required to submit acceptab le Bank Guarantee for an amo un t equa l to 2.50% of th e accepted s upervision consultancy cost towards Performan ce Sec urity within 14 {fourteen} days of award of the Contract . Th e validity of the Bank Guarantee (s) shall cover entir e duration of consultanc y period plus 6months. Th e Bank Guarantee (s) shall be r eleased after satisfactor y completion of the Assignment. For the avoidance of doubt , the submission of Performanc e Security shall be a condition precedent for signing of the Contract an d non -submission of the sam e by the Consultant sha ll result in with drawa l of the award of the Contract and forfeiture of the Bid Security .
18 . PROPOSA L SUBMISSION :
18 .1 The T OR is pre pare d to address the Assignment in a general w ay. The Consultants are advised to unde rstand full y the specific requirements of the Assignment . The Consultants are also advised to inspect the site of t he Project and acquaint t hemselves with the ground realities. 18.2 The submissi on of Proposals by the Consultants should be focused to the Pr oject requirements as per the TOR details. The methodology to be submitted shou ld address to the Project stretch requirements . All specific issues for which references have been made in the various paras of this TOR should be add ressed effectively . Genera l nature descriptions should be avoided.
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Ann exure -I
BROAD QUA LIFICAT ION REQUIREME NTS OF K EY P ERSO NN EL
Broad q ualifica tions and experience of the Key Personnel and sub-professionals given below ar e Clients ' perception in resp ec t of the specific requirem ent of the Project . Consultants ar e advised to pr epare the CVs of their proposed Key Personnel specifically highlighting the qualification and experience in the rela ted area of expertise as per requirements . The CVs should also highl ight higher education , training and publication of techni cal papers e tc., by the Key Personnel in the related fie ld. The CVs of the proposed Key Personnel should reflect size of the project handled in terms of length / costs , duration for which services were provided , source of funding for the project , ty pe of contract document used etc . Broadly speaking , qual ification and experience higher than the minim um requirement wi ll be given higher weightage. Similarly, the Key Personne l's experience in services related to construction supervision will be given more weightage . The age limit of Key Professionals and sub-professionals would be 65 years on the date of receipt of proposals . KEY PERSO NNEL
1. The Te am Le ade r cu m Highwa y Engineer (Full Time )
Dut ies : The Team Leader shall reside at the si te of the Project on a full time basis throughout the period of the Assignme nt. He will be overall in-charge of the Project supervision of the Works. He shall act as an 'Engineer's Representative ' acting on behalf of the Consultant a ppointed by the Client as already defined before. He will be assisted by other key personnel . Sub- professionals and other staff of the construction packages. He will guide , monitor, supervise and control all the activities related to supervision for the co nstr uction package . He will interact with the Executive Engineer, Superintending Engineer and the Client .
Qualifications and Experienc e: He will be a Civil engineer ing graduate and not more than 65 years of age. He sh oul d be we ll verse d in managing the highway contracts of the size comparable to the proposed Project . As the proposed Project involves construction of flex ible / rigid pavement , it wi ll be desirable that this expert has handled highway projects having both f lexib le and rigi d pavements . He should h ave experience in supervision of highway projects in the capacity of Project Manager / Resident Enginee r / Team Leader . He should have about 20 years of professional experience of handling highway contracts, o ut of which he should have worked as Resident Engineer/ Project Manager or equivalent for minimum 10 years on su pervision/construction of highway projects with use of modem construction techniques.
The candidate should also have a proven record of managerial capability in directing /managing of major civil engineering works , including two projects on FIDIC format . He should be able to communicate in Englis h. 2. Resident Engi ne er (Full time) Duties : He shall be the in-charge of the supervision of the construction of the Project and shall coordinate with all other experts of the construction projects and shall report to the Team Leader and concerned Executive Engineer as per the delegation established . He shall be directly responsible for regulating the cons truction process i .e. various activ it ies like ear thwork , sub-base/ base courses , bitumino us pavement, bridge/culve rt works pro posed for being carried out under stipulated specifications/manuals etc . He shall coordinate with other Key Personnel and Sub-professional staff to ensure that the constru ction process is well controlled as per established specification controls to avoid later qua lity control stage prob lems
Qualif ication and Experience : He wi ll b e a civil engineering gra duate with about 10 years of professional engineering ex perience, out of which at least 5 years experience as a Resident Enginee r/Assistant Resident Engineer/Project Manager on similar construction works . He will be required to be fielded throughout the duration of the Project . The candi date is ex pected to be thoroughl y familiar with various standards/ specifica tions , contract proced ures , design and quality control etc
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3. Bridge Engineer (Full time) Duties: His duties will involve understanding the design provisions of both bridges/ROB/flyovers and culverts, guiding and checking of reinforcement/cable laying operations , rectifying any apparent mistakes in respect of them , checking and controlling the proper mix designs , checking the adequac y of proper form-work , laying/compacting of concrete including curing operations. For this purpose , he will work in close coordination with the Material Engineer and the Contractor 's Expert to effectively control the quality of execution. He will be responsible for minor modifi cations in design of bridges/culverts , wherever requi red during execution .
Qualification and Experience: He will be a graduate Civil Engineer with Master's degree in the field of structural engineering . He will have relevant professional experience of about 10 years. Out of his total experience, he should have worked for at least 4 years on major bridge across rivers , stream, creeks etc ./culvert construction projects. The candidate must be familiar with modern methods of construction of bridges/ROB//flyover involving RCC/pre- stress concrete, design standards, technical specifications and statistical Quality Con troll Assurance procedures for construction of different component of bridges. He should have experience in construction of deep foundation viz. well and desirably pile foundations . He should have executed at least two major bridges on pile or well foundations and should have executed at least two projects in similar capacit y. 4. Quantity Engineers (Full time)
Duties: His key responsibilities will be to guide and assist Team Leader/Resident Engineers/Client in all aspects of work management He will provide necessary guidance to the Quantity Surveyor, and shall issue directions/procedures/formats of reporting to the Quantity Surveyor. He should be able to understand the contract for the construction package, even though the thrust of his responsibilities will be in the areas of quantity surveying / processing of the invoices etc. He will be responsible for taking all measures required to control the project cost and time over-runs. He will examine the claims of the contractor, variation orders, if any, and will approve the progress reports as per the project requirements. He will approve the measurement of all items of works executed in different stages for payment purpose prepared by Quantity Surveyors. Qualifications and Ex perience : He will be a civil engineering graduate with not more than 65 years of age. He should have about 15 years of relevant experience with the specialization in procurement/contract management. He should have at least 4 years of experience and should have handled at least 2 (two) projects in construction supervision of large size Highway/complex road/bridge projects as a Quantity Surveyor. 5. Material cum pavement Engineer (Full time)
Duties: He will be responsible for preparing the quality assurance and testing program for the consultant . He will guide the field supervision teams in supervising all the tests to be done in different stages of construction, besides ensuring that specified tests ar e done as per codal stipulations and as per the specifications laid down in the contract for the different stages of construction . He will be coordinating and controlling the support personnel placed with him and will be reporting to the Team Leader . Qualification and Experience: He will be a Graduate Civil Engineer . This position requires a Senior Engineer with about 10 years of relevant professional experience (in flexible / rigid pavement) establishing quality assurance programs in respect of pavement related area for two similar highway construction projects including complex projects , using modem pavement construction technology. The expert should have capability of setting up the Contractor's field laboratories , devising control tests procedures, guiding mix designs including deployment of the proper type of concrete mixing plants etc. He should be capable to communicate in English .
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6. HIGHWAY ENGINEER cum PAVEMENT EXPERT (Full time)
DUTIES: His duties will involve understanding the design provisions of approach road geometrics, pavement compositions, safety aspects and other road furniture, checking & controlling proper mix design, identifying and rectification of apparent faults / mistakes in respect of them. For this purpose, he will work in close coordination with the Material / Geotechnical Engineer and the Contractor’s Expert to effectively Control the quality of execution. He will be responsible for minor modifications in design of road alignment / pavement construction, whenever required during execution. The candidate is expected to be thoroughly familiar with various standards/specifications, design and quality control etc. In addition, he will be responsible for ensuring road safety during construction and maintenance period of the project. He should have the following qualification / experience.
Qualif ication and Experience: The candidate shall be Graduate in Civil Engineering from recognized university and not more than 65 years of age. Minimum Professional Experience of 10 years in Design/supervision of construction of Highway / Bridge Projects and should have handled at least two Highway Design/construction Projects of length more than 25 km. Preferential Qualifications shall be Post Graduate Degree in Transportation / Pavement Engineering and Experience in preparation of DPR/FSR of Highway Projects.
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KEY SUB-PROFESIONALS
1. Junior Highway Engineers (Full Time) Duties: He will be reporting and assisting the Resident Engineer in monitoring and process control for all the activities related to the Project . His main area of working will be focused to the process control pertaining to construction of different layers of pavement . In addition to this , he will be assisting the Resident Engineer in all aspects of project management . Qualifications and Experience: He should be a diploma in Civil Engineering with about 8-10 years of working experience / graduate in Civil Engineering wi th about 4-5 years of working experience. He should have worked as Highway Engineer for at least 3 years on any National/State Highway Project s.
Experience in Flexible pavement construction for the candidate proposed would be required .
2. Quantity Surveyors: (Full Time) Duties: He will be reporting to the Resident Engineer in day to day working. He will also work under the guidance of the Quantity cum Contract Engineer and shall abide by the directions/procedures/formats of reporting and approvals settled . He will act as a contract specialist also for the construction package, even though the thrust of his responsibilities will be in the areas of quantity surveying / processing of the invoices etc. He will be responsible for reporting all measures required controlling the project cost and time over-runs . He will examine the claims of the contractor , variation orders, if any , and will prepare the progress reports as per the Project requirements. For the purpose, he will be required to get the levels and quantity measurements checked in all items of works executed in different stages for calculations required for payment purpose . Qualification and experience: The candidate should be a graduate in Civil Engineering with relevant experience in the field of estimating , preparation and processing of the invoices, analysing rates , checking survey details etc . of the projects. He should have about 5 years of relevant professional experience involving resource planning and scheduling , quantity survey, cost control , contract management etc. Diploma holders with longer relevant experience of about 10 years could also be considered. He must have worked as Quantity Surveyors for at least 4 years in any Nationa l/State Highway Projects .
3. Junior Highway Engineer [ for CD and Culverts] (Full time):
Duties : His duties will involve guiding and checking of reinforcement/cable laying opera tions , rectifying any apparent mistakes in respect of them, checking and controlling the proper mix designs , checking the adequacy of pr oper f orm-work , lay ing/com pacting of concrete including curing operat ions . For this purpose, he will work i n close coordination with the Material cum pavement Engineer and the Contractor 's Expert to effectively contr ol the q ual ity of executio n. He wi ll be responsible for minor modifications in design of bri dges/cu lver ts, wherever req uired d uring execution. Qualificat ions & Experience : He should b e a diploma in Civil Engineering with about 8-10 years of working experi ence / graduate in Civil Engineering with about 4-5 years of working ex perience . He should be conversant with c on st ru ct ion s up ervis io n of R OBs / bridges . He should have ex perience in welding , testing and fabrication of steel str uctures.
4. Lab Technician (Full time) : Duties : His duties will involve supervising control tests of materials, construction processes of pavement , structures , etc. He is required to conduct laboratory tests for mix design, selection of materials , etc. Qualificat ions & Exper ience: He should be a diploma in Civ il Engineering with about 8-10 years of working experienc e / graduate in Civ il Engine ering with about 4 -5 years of working experience . He should be conversant with testing of materials in at least two major high way projects.
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Section-7
CONTRACT FORCONSULTANT’S SERVICES
Between
The Superintending Engineer
Western Circle No.-I
Public Works Directorate
Government of West Bengal
And
______
______
______
(Name of Consultant)
Dated: ______
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CONTENTS
I. FORM OF CONTRACT
II. GENERAL CONDITIONS OF CONTRACT 1.0 General Provisions 1.1 Definitions 1.2 Relation between the Parties 1.3 Law Governing the Contract 1.4 Language 1.5 Headings 1.6 Notices 1.7 Location 1.8 Authority of Member in charge 1.9 Authorized Representatives 1.10 Taxes and Duties 2.0 Commencement, Completion, Modification, and Termination of Contract 2.1 Effectiveness of Contract 2.2 Termination of Contract for Failure to Become Effective 2.3 Commencement of Services 2.4 Expiration of Contract 2.5 Entire Agreement 2.6 Modification 2.7 Force Majeure 2.7.1 Definition 2.7.2 No Breach of Contract 2.7.3 Measures to be taken 2.7.4 Extension of Time 2.7.5 Payments 2.7.6 Consultation 2.8 Suspension 2.9 Termination 2.9.1 By the Client 2.9.2 By the Consultants 2.9.3 Cessation of Rights and Obligations 2.9.4 Cessation of Services 2.9.5 Payment upon Termination 2.9.6 Disputes about Events of Termination 3.0 Obligations of the Consultants 3.1 General 3.1.1 Standard of Performance 3.1.2 Law Governing Services 3.2 Conflict of Interests 3.2.1 Consultants not to Benefit from Commissions, Discounts, etc. 3.2.2 Procurement Rules of Funding Agencies 3.2.3 Consultants and Affiliates Not to Engage in certain Activities. 3.2.4 Prohibition of Conflicting Activities 3.3 Confidentiality 3.4 Liability of the Consultants 3.5 Insurance to be Taken out by the Consultants 3.6 Accounting, Inspection and Auditing 3.7 Consultant’s Actions requiring Client’s prior Approval
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3.8 Reporting Obligations 3.9 Documents prepared by the Consultants to be the Property of the Client 3.10 Equipment and Materials Furnished by the Client 4.0 Consultants’ Personnel and Sub-consultants. 4.1 General 4.2 Description of Personnel 4.3 Approval of Personnel 4.4 Working Hours, Overtime, Leave etc. 4.5 Removal and /or Replacement of Personnel 4.6 Resident Project Manager 5.0 Obligations of the Client 5.1 Assistance and Exemptions 5.2 Access to Land. 5.3 Change in the Applicable Law. 5.4 Services, Facilities and Property of the Client 5.5 Payment 5.6 Counterpart Personnel 6.0 Payments to the Consultants 6.1 Cost Estimates, Ceiling Amount 6.2 Remuneration and Reimbursable Expenditures 6.3 Currency of Payment 6.4 Mode of Billing and Payment 7.0 Fairness and Good Faith 7.1 Good Faith 7.2 Operation of the Contract 8.0 Settlement of Disputes 8.1 Amicable Settlement 8.2 Dispute Settlement
III. .SPECIAL CONDITIONS OF CONTRACT
IV. APPENDICES Appendix A : Description of the Services Appendix B : Reporting Requirements Appendix C : Key Personnel and Sub-consultants Appendix D : Medical Certificate Appendix E : Hours of Work for Key Personnel Appendix F : Duties of the Client Appendix G : Cost Estimates Appendix H : Form of Performance Bank Guarantee Appendix I : Form of Bank Guarantee for Advance Payments Appendix J : Letter of invitation Appendix K : Letter of Award Appendix L : Minutes of pre-bid meeting Appendix-M : Memorandum of Understanding (in case of JV) Appendix-N: Form of Bank Guarantee for Bid Security
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V. ANNEXURES
I. FORM OF CONTRACT
Complex Time-based Assignments
This CONTRACT (hereinafter called the “ Contract ”) is made the ____th day of the month of ______, 20____, between, on one hand The Superintending Engineer, Western Circle No-I, Public Works Directorate, Government of West Bengal (hereinafter called the “ Client ”), and, on the other hand, ______(hereinafter called the “ Consultants ”)
[Note: If the Consultants consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the following entities, each of which will be jointly severally liable to the Client for all the Consultants’ obligations under this Contract, namely, and (hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter called the “ Services ”); (b) the Consultants, having represented to the Client that they have the required processional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract; NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) The General Conditions of Contract (hereinafter called “GC”)’ (b) The Special Conditions of Contract (hereinafter called “SC”); (c) The following Appendices :
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next to the title of the Appendix on the sheet attached hereto carrying the title of that Appendix ].
Appendix A : Description of the Services Appendix B : Reporting Requirements Appendix C : Key Personnel and Sub-consultants Appendix D : Medical Certificate Appendix E : Hours of Work for Key Personnel Appendix F : Duties of the Client Appendix G : Cost Estimates Appendix H : Form of Performance Bank Guarantee Appendix I : Form of Bank Guarantee for Advance Payments Appendix J : Letter of invitation Appendix K : Letter of Award Appendix L : Minutes of pre-bid meeting Appendix-M : Memorandum of Understanding (in case of JV) Appendix-N: Form of Bank Guarantee for Bid Security
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2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the Contract; in particular (a) The Consultants shall carry out the Services in accordance with the provisions of the Contract; and (b) The Client shall make payments to the Consultants in accordance with the Provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
FOR &ON BEHALFOF The Superintending Engineer Western Circle No- I P. W. Directorate ______
(Authorised Representative)
FOR & ON BEHALF OF
______
______
(Name of Consultant)
______
(Authorised Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear as signatures, e.g. in the following manner ]
FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANTS
______
[Name of the Member]
By ______(Authorized Representative) ______[Name of the Member] By ______(Authorized Representative)
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II. GENERAL CONDITIONS OF CONTRACT
1.0 General Provisions 1.1 Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: (a) “Applicable Law” means the laws and any other instruments having the force of law in the Government’s country [or in such other country as may be specified in the Special Conditions of Contract (SC)] , as they may be issued and in force from time to time.
(b) “Contract means the Contract signed by the Parties, to which these General Conditions of Contract are attached, together with all the documents listed in Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the “Authority Engineer (AE)” and includes sub-consultants or Associates engaged by the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity, means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants and or Associates as Employees and assigned to the performance of the Services or any part thereof; “Foreign Personnel” means such persons who at the time of being so hired had their domicile outside the Government’s Country, “Local Personnel” means such persons who at the time of being so hired had their domicile inside the Government’s Country; and ‘key personnel’ means the personnel referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General Conditions of Contract may be amended or supplemented;
(m) “Services" means the work to be performed by the Consultants pursuant to his contract, as described in Appendix A hereto. The scope of work will be strictly as given in various Clauses in TOR. The approach and methodology to be adopted by the Consultant for carrying out the assignment as Authority Engineer may be modified depending on the site requirements and work programme of the EPC Contractor after mutual discussions with Employer, the EPC Contractor and the Authority Engineer. The work plan as indicated by the Consultant may be modified accordingly to the site requirements.
(n) "Sub-consultant and or Associates " means any entity to which the Consultants subcontract any part of the Services in accordance with the provisions of Clause GC 3.7; and
(o) "Third Party" means any person or entity other than the Government, the Client, the Consultants or a Sub-consultant.
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1.2 Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent as between the Client and the Consultants. The Consultants, subject to this Contract, have complete charge of Personnel and Sub- consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
1.3 Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
1.4 Language This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
1.5 Headings The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices 1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telegram or facsimile to such Party at the address specified in the SC. 1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.2 A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2.
1.7 Location The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations. whether in Government's Country or elsewhere, as the Client may approve.
1.8 Authority of Member in Charge In case the Consultants consist of a joint venture of more than one entity, the Members hereby authorize the entity specified in the SC to act on their behalf in exercising all the Consultants' rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.
1.9 Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultants may be taken or executed by the officials specified in the SC.
1.10 Taxes and Duties
The Financial Proposal shall take into account all expenses and tax liabilities. For the avoidance of doubt, it is clarified that all taxes shall be deemed to be included in the costs shown under different
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items of the Financial Proposal . Further , all payments shall be subject to deduction of taxes at source as per applicable laws. However , GST, at applicable rates, shall be reimbursed by the Client on submission of documentary evidence, if applicable, to appropriate authorities.
2.0 Commencement, Completion, Modification and Termination of Contract 2.1 Effectiveness of Contract This Contract shall come into force and effect on the date (the "Effective Date") of the Client's notice to the Consultants instructing the Consultants to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC have been met.
2.2 Termination of Contract for Failure to Become Effective If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as shall be specified in the SC, either Party may, by not less than four (4) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.
2.3 Commencement of Services The Consultants shall begin carrying out the Services at the end of such time period after the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire when services have been completed and all payments have been made at the end of such time period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.
2.6 Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties as the case may be, has been obtained. Pursuant to Clause GC 7.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party.
2.7 Force Majeure 2.7.1 Definition (a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action ( except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.
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(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a party or such Party's Sub consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the .time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder . (c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
2.7.2 No Breach of Contract The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care" and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
2.7.3 Measures to be Taken (a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party's inability to fulfil its obligations hereunder with a minimum of delay. (b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. (c) (c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 2.7.4 Extension of Time Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
2.7.5 Payments During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Services after the end of such period.
2.7.6 Consultation Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.
2.8 Suspension The Client may, by written notice of suspension to the Consultants, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.
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2.9 Termination 2.9.1 By the Client The Client may, by not less than thirty (30) days' written notice of termination to the Consultants (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than sixty ( 60) days), such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (h) of this Clause GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing; (b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; (c) if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof; (d) if the Consultants submit to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultants know to be false; (e) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or (f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. (g) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this clause: "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. "fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition. (h) if Contractor represents to Client that the Consultant is not discharging his duties in a fair, efficient and diligent manner and if the dispute remains unresolved, Employer may terminate this contract. 2.9.2 By the Consultants The Consultants may, by not less than thirty (30) days' written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue;
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(b) if the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultants may have subsequently approved in writing) following the receipt by the Client of the Consultants' notice specifying such breach; (c) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or (d) if the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.
2.9.3 Cessation of Rights and Obligations Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of termination or expiration; (ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof; (iii) the Consultants' obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.6 (ii) hereof; and (iv) any right which a Party may have under the Applicable Law 2.9.4 Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultants and equipment and materials furnished by the Client, the Consultants shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10 hereof.
2.9.5 Payment upon Termination Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client shall make the following payments to the Consultants (after offsetting against these payments any amount that may be due from the Consultant to the Client}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective date of termination; (b) reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures actually incurred prior to the effective date of termination; and (c) except in the case of termination pursuant to paragraphs (a) through (d) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of the return travel of the Consultants' personnel and their eligible dependents.
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2.9.6 Disputes about Events of Termination If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
3.0 Obligation of the Consultants 3.1 General 3.1.1 Standard of Performance The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods" The Consultants shall always" act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in any dealings with Sub-consultants or Third Parties.
3.1.2 Law Governing Services The Consultants shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub-consultants and or Associates, as well as the Personnel of the Consultants and any Sub-consultants and/or Associates, comply with the Applicable Law. The Client shall advise the Consultants in writing of relevant local customs and the Consultants shall, after such notifications, respect such customs.
3.2 Conflict of Interests 3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc. The Remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the Consultants' sole remuneration in connection with this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the Consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consultants shall use their best efforts to ensure that any Sub- consultants and or Associates, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client on the procurement of goods, works or services, the Consultants shall comply with any applicable procurement guidelines of the Client (Employer) and or Associates Bank or of the Association, as the case may be, and other funding agencies and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the account of the Client.
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3.2.3 Consultants and Affiliates Not to engage in Certain Activities The Consultants agree that, during the term of this Contract and after its termination, the Consultants and any entity affiliated with the Consultants, as well as any Sub- consultant and or Associates and any entity affiliated with such Sub-consultant and or Associates, shall be disqualified from providing goods works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services. .
3.2.4 Prohibition of Conflicting Activities The Consultants shall not engage, and shall cause their Personnel as well as their Sub-consultants and or Associates and their Personnel not to engage, either directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in the Government's country which would conflict with the activities assigned to them under this Contract; and (b) after the termination of this Contract, such other activities as may be specified in the SC. 3.3 Confidentiality The Consultants, their Sub-consultants and the Personnel of either of them shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Client's business or operations without the prior written consent of the Client.
3.4 Liability of the Consultants Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability under this Contract shall be as provided by the Applicable Law.
3.5 Insurance to be Taken Out by the Consultants The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to take out and maintain, at their ( or the Sub-consultants', as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverages, as shall be specified in the SC, and (ii) at the Client's request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid.
3.6 Accounting, Inspection and Auditing The Consultants (i) shall keep accurate and systematic accounts and records in respect of the Services, hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof (including such bases as may be specifically referred to in the SC); (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client; and (iii) shall permit the client to inspect the Consultant's accounts and records relating to the performance of the Consultant and to have them audited by auditors appointed by the client.
3.7 Consultants' Actions Requiring Client's Prior Approval The Consultants shall obtain the Client's prior approval in writing before taking any of the following actions:
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appointing such members of the Personnel as are listed in Appendix C ("Consultants' Sub-consultants' Key Personnel") merely by title but not by name;
(a) entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection of the Sub-consultant and the terms and conditions of the subcontract shall have been approved in writing by the Client prior to the execution of the subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the Services by the Sub- consultant and its Personnel pursuant to this Contract; and (b) any other action that may be specified in the SC
3.8 Reporting Obligations The Consultants shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.
Documents Prepared by the Consultants to Be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultants for the Client under this Contract shall become and remain the property of the Client, and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultants may retain a copy of such documents and software. Restrictions about the future use of these documents and software, if any, shall be specified in the SC.
3.9 Equipment and Materials Furnished by the Client Equipment and materials made available to the Consultants by the Client, or purchased by the Consultants with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to the Client an inventory of such equipment and materials and shall dispose of- such equipment and materials in accordance with the Client's instructions. While in possession of such equipment and materials, the Consultants, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.
4.0 Consultants' Personnel and Sub-consultants and or Associates 4.1 General The Consultants shall employ and provide such qualified and experienced Personnel and Sub-consultants as are required to carry out the Services. Description of Personnel (a) The titles, agreed job descriptions, minimum qualification and estimated periods of engagement in the carrying out of the Services of each of the Consultants’ Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the clients his/her name is listed as well.
(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof, adjustments with respect to the estimated periods "of engagement of Key Personnel set forth in Appendix C may be made by the Consultants by written notice to the Client, provided (i) that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.1(b) of this Contract. Any other such adjustments shall only be made with the Client's written approval.
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(c) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in writing between the Client and the Consultants, provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.1 (b) of this Contract.
4.2 Approval of Personnel The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well as by name in Appendix C are hereby approved by the Client. In respect of other Key Personnel which the Consultants proposed to use in the carrying out of the Services, the Consultants shall submit to the client for review and approval a copy of their biographical data and (in the case of Key personnel to be used within the country of the Government) a copy of a satisfactory medical certificate in the form attached hereto as Appendix D. If the Client does not object in writing (stating the reasons for the objection) within thirty (30) calendar days from the date of receipt of such biographical data and (if applicable) such certificate, such Key Personnel shall be deemed to have been approved by the Client.
4.3 Working Hours, Overtime, Leave, etc. (a) Working hours and holidays for Key Personnel are set forth in Appendix E hereto. To account for travel time, foreign Personnel carrying out Services inside the Government's country shall be deemed to have commenced (or finished) work in respect of the Services such number of days before their arrival in (or after their departure from) the Government's country as is specified in Appendix E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services on this Contract shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified in Appendix E hereto, and except as specified In such Appendix, the Consultants' remuneration shall be deemed to cover these items. All leave to be allowed to the Personnel is included in the staff-months of service set for in Appendix C. Any taking of leave by Personnel shall be subject to the prior approval by the Client and the Consultants shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services.
4.4 Removal and/or Replacement of Personnel (a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better qualifications.
(b) If the Client (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the Client's written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of remuneration applicable to such person as well as any reimbursable expenditures (including expenditures due to the number of eligible dependents) the Consultants may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Client. Except as the Client may otherwise agree, (i) the Consultants shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be paid to any of the Key Personnel provided as a replacement shall be 90% of the remuneration
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which would have been payable to the Key Personnel replaced. However, for the reason other than death/extreme medical ground, (i) for total replacement upto 33% of key personnel, remuneration shall be reduced by 20% (ii) for total replacement upto between 33% to 50%, remuneration shall be reduced by 25% and (iii) for total replacement upto between 50% to 66%, remuneration shall be reduced by 30% (iv) For total replacements beyond 66% of the key personnel the client shall initiate action of higher penalty/termination/debarment upto 2 years as considered appropriate.
(d) In order to prevent the tendency of the personnel and consulting firm to submit incorrect and inflated CV, they should sign every page of CV before submission in order to authenticate that CV furnished by them is correct. The consulting firm and the personnel through consulting firm should be informed by Employer while accepting CV of the new personnel that if CV is found in correct and inflated at a later date, the personnel accepted would be removed from his assignment and debarred from further Employer’s works for an appropriate period to be decided by Employer and the new proposed personnel in place of removed personnel would be paid 15% less salary than the original personnel. 15% reduction in the salary will be imposed as a penalty for submitting the incorrect information. This penalty will be imposed only once. If the same consulting firm submits incorrect information again second time, necessary action will be taken by Employer to black-list that firm.
4.5 Resident Project Manager If required by the SC, the Consultants shall ensure that at all times during the Consultants' performance of the Services in the Government's country a resident project manager, acceptable to the Client, shall take charge of the performance of such Services.
5.0 Obligations of the Client 5.1 Assistance and Exemptions Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the Government shall:
(a) provide the Consultants, Sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants, Sub- consultants or Personnel to perform the Services;
(b) assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly with all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in Government's country;
(c) facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Personnel and their eligible dependents;
(d) issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services;
(e) assist the Consultants and the Personnel and any Sub-consultants and or Associates employed by the Consultants for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law;
(f) grant to the Consultants, any Sub-consultants and or Associates and the Personnel of either of them the privilege, pursuant to the Applicable Law, of bringing into Government's country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Personnel and their dependents and of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the Services: and
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(g) Provide to the Consultants, Sub-consultants and or Associates and Personnel any such other assistance as may be specified in the SC.
5.2 Access to Land The Client warrants that the Consultants shall have, free of charge, unimpeded access to all land in the Government's country in respect of which access is required for the performance of the Services. The Client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultants or any Sub-consultant or the Personnel of either of them.
5.3 Change in the Applicable Law If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost or reimbursable expenses incurred by the Consultants in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultants under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6.1(b).
5.4 Services, Facilities and Property of the Client The Client shall make available to the Consultants and the Personnel, for the purposes of the services and free of any charge, the services, facilities and property described in Appendix F at the times and in the manner specified in said Appendix F, provided that if such services, facilities and property shall not be made available to the Consultants as and when so specified, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultants for the performance of the Services, (ii) the manner in which the Consultants shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultants as a result thereof pursuant to Clause GC 6.l(c) hereinafter.
5.5 Payment In consideration of the Services performed by the Consultants under this Contract, the Client shall make to the Consultants such payments and in such manner as is provided by Clause GC 6 of this Contract.
5.6 Counterpart Personnel (a) If so provided in Appendix F hereto, the Client shall make available to the Consultants, as and when provided in such Appendix F, and free of charge, such counterpart personnel to be selected by the Client, with the Consultants' advice, as shall be specified in such Appendix F. Counterpart personnel shall work under the exclusive direction of the Consultants. If any member of the counterpart personnel fails to perform adequately any work assigned to him by the Consultants which is consistent with the position occupied by such - member, the Consultants may request the replacement of such member, and the Client shall not unreasonably refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as and when specified in Appendix F, the Client and the Consultants shall agree on (i) how the affected part of the Services shall be carried out, and (ii) the additional payments, if any, to be made by the Client to the Consultants as a result thereof pursuant to Clause GC 6.1(c) hereof.
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6.0 Payments to the Consultants 6.1 Cost Estimates; Ceiling Amount (a) An estimate of the cost of the Services payable is set forth in Appendix G.
(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC 6.1(c), payments under this Contract shall not exceed the ceilings specified in the SC. The Consultants shall notify the Client as soon as cumulative charges incurred for the Services have reached 80% of these ceilings.
(c) Notwithstanding Clause GC 6.l(b) hereof, if pursuant to clauses GC 5.3,5.4 or 5.6 hereof, the Parties shall agree that additional payments shall be made to the Consultants in order to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Clause GC 6.1 (b) above shall be increased by the amount or amounts, as the case may be, of any such additional payments.
6.2 Remuneration and Reimbursable Expenditures (a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client shall pay to the Consultants (i) remuneration as set forth in Clause GC 6.2(b), and (ii) reimbursable expenditures as set forth in Clause GC 6.2(c). If specified in the SC, said remuneration shall be subject to price adjustment as specified in the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time actually spent by such Personnel in the performance of the Services after the date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or such other date as the Parties shall agree in writing) (including time for necessary travel via the most direct route) at the rates referred to, and subject to such additional provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the Consultants in the performance of the Services, as specified in Clause SC 6.3(b).
6.3 Currency of Payment All payments shall be made in Indian Rupees and shall be subjected to applicable Indian laws withholding taxes if any.
6.4 Mode of Billing and Payment Billing and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the Consultants an interest bearing advance payment as specified in the SC, and as otherwise set forth below. The advance payment will be due after provision by the Consultants to the Client of a bank guarantee by a bank acceptable to the Client in an amount (or amounts) and in a currency ( or currencies) specified in the SC, such bank guarantee (I) to remain effective until the advance payment has been fully set off as provided in the SC, and (ii) to be in the form set forth in Appendix I hereto or in such other form as the Client shall have approved in writing.
(b) As soon as practicable and not later than fifteen (15 days) after the end of each calendar month during the period of the Services, the Consultants shall submit to the Client, in duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and other appropriate supporting materials, of the amounts payable pursuant to Clauses GC 6.3 and 6.4 for such month. Each monthly statement shall distinguish that portion of the total eligible costs which pertains to remuneration from that portion which pertains to reimbursable expenditures.
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(c) The Client shall cause the payment of the Consultants periodically as given in schedule of payment above within sixty (60) days after the receipt by the Client of bills with supporting documents. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultants, the Client may add or subtract the difference from any subsequent payments. Interest at the rate specified in the SC shall become payable as from the above due date on any amount due by, but not paid on. such due date.
(d) The final payment under this Clause shall be made only after the final report and a final statement, identified as such, shall have been submitted by the Consultants and approved as satisfactory by the Client. The Services shall be deemed completed and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90)-day period, gives written notice to the Consultants specifying in detail deficiencies in the Services, the final report or final statement. The Consultants shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Client within thirty, (30) days after receipt by the Consultants of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above.
(e) All payments under this Contract shall be made to the account of the Consultants specified in the SC.
7.0 Fairness and Good Faith 7.1 Good Faith The Parties undertake to act in good faith with respect to each other's rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
7.2 Operation of the Contract The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.
8.0 Settlement of Disputes 8.1 Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof.
8.2 Dispute Settlement Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.
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III. SPECIAL CONDITIONS OF CONTRACT
GC Clause
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A. Amendments of, and Supplements to, Clauses in the General Conditions of Contract
1.1(a) The words’’ in the Government’s country” are amended to read ‘in INDIA” 1.4 The language is: English 1.6.1 The addresses are: Client: Superintending Engineer, Western Circle No.-I P. W. Directorate Court Compound, Burdwan P.O.-Burdwan, Dist. Purba Bardhaman, PIN-713101 e-mail : [email protected] Attention: Telex : Facsimile : Consultant: ______[Address of Consultant] Attention: Cable address : Telex : Facsimile : 1.6.2 Notice will be deemed to be effective as follows: (a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.
1.8 The Member in Charge is: Member (P) Sh. (Note: If the Consultants consist of a joint venture of more than one entity, the name of the entity whose address is specified in SC 1.6.1 should be inserted here. If the Consultants consist of one entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorised Representatives are: For the Client:
Executive Engineer, Birbhum Division, P. W. Directorate, Suri, Dist. Birbhum, PIN-731 101 e-mail : [email protected]
For the Consultants:
______
______
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1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in regard to the deduction of such tax as may be lawfully imposed. 2.1 The effectiveness conditions are the following: (i) Approval of the Contract by the client. 2.2 The time period shall be four months or such other time period as the parties may agree in writing. 2.3 The time period shall be one month or such other time period as the Parties may agree in writing.
2.4 The time period for the assignment of Supervision Consultant shall be as per Table 1 : Details Project. 3.4 Limitation of the Consultants' Liability towards the Client (a) Except in case of gross negligence or wilful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants, with respect to damage caused by the Consultants to the Client's property, shall not be liable to the Client: (i) for any indirect or consequential loss or damage; and (ii) Consultant will maintain at its expenses; Professional Liability Insurance including coverage for errors and omissions caused by Consultant’s negligence in the performance of its duties under this agreement, (A) For the amount not exceeding total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder OR (B) the proceeds, the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (B) is higher. (iii) The policy should be issued only from an Insurance Company operating in India. (iv) The policy must clearly indicate the limit of indemnity in terms of “Any One Accident” (AOA) and “Aggregate limit on the policy period” (AOP) and in no case should be for an amount less than stated in the contract. (v) If the Consultant enters into an agreement with Employer in a joint venture or ‘in association’, the policy must be procured and provided to Employer by the joint venture/in association entity and not by the individual partners of the joint venture/association. (vi) The contract may include a provision thereby the Consultant does not cancel the policy midterm without the consent of the Employer. The insurance company may provide an undertaking in this regard. (b) This limitation of liability shall not affect the Consultants' liability, if any, for damage to Third Parties caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the Services. (c) Professional Liability Insurance may be accepted for initially one year which shall be extended annually for five years. PLI shall be uniformly taken for a period of five years. 3.5 The risks and the coverage shall be as follows (a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988 in respect of motor vehicles operated in India by the Consultants or their Personnel or any Sub-consultants or their Personnel for the period of consultancy.
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(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million for the period of consultancy. (c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a minimum coverage equal to estimated remuneration and reimbursable. (d) Employer's liability and workers' compensation insurance in respect of the Personnel of the Consultants and of any Sub-consultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and (e) Insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultants' property used in the performance of the Services, and (iii) any documents prepared by the Consultants in the performance of the Services. 3.7(c) The other actions are (i) taking any action under a civil works contract designating the Consultants as "Authority’s Engineer", for which action, pursuant to such civil works contract, the written approval of the Client as "Employer" is required". 3.9 The Consultants shall not use these documents for purposes unrelated to this Contract without the prior written approval of the Client. 4.6 "The person designated as Team Leader cum Highway Engineer in Appendix C shall serve in that capacity, as specified in Clause GC 4.5." 6.1(b) The amount payable Indian Rupee is : ______
6.2(a)(i) (1) It is understood (i) that the remuneration rates shall cover (A) such salaries and allowances as the Consultants shall have agreed to pay to the Personnel as well as factors for social charges and overhead, and (B) the cost of backstopping by home office staff not included in the Personnel listed in Appendix C, and (C) the Consultants' fee; (ii) that bonuses or other means of profit-sharing shall not be allowed as an element of overhead, and (iii) that any rates specified for persons not yet appointed shall be provisional and shall be subject to revision, with the written approval of the Client, once the applicable salaries and allowances are known. (2) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the Consultants' home office and directly attributable to the Services (one hour being equivalent to 1/240th of a month) and on a calendar-day basis for time spent away from home office (one day being equivalent to 1/30th of a month). 6.2(a)(ii) The rates for foreign and local Personnel are set forth in Appendix G
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7.2 Disputes shall be settled in accordance with the following provisions: 7.2.1 Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever, in any way arising out of relating to the contracts designs, drawings specification, estimates, instructions, orders or these conditions or otherwise concerning the works, or after the completion or abandonment thereof shall be dealt with as mentioned hereinafter. If the contractor considers any work demanded of him to be outside the requirements of the contract, or disputes any drawings, record or decision given in writing by the Engineer – In – Charge on any matter in connection with or arising out of the contract or carrying out of the work, to be unacceptable, he shall promptly within 15 days request the Chairman of the Dispute Redressal Committee in writing for written instruction or decision. Thereupon, the Dispute Redressal Committee shall give its written instruction or decision within a period of three months from the date of receipt of the Consultant’s letter.
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The Dispute Redressal Committee in each of the Works Departments shall be constituted with the following officials as members – 1 Additional Chief Secretary / Principal Secretary / Chairman Secretary of the Department concerned 2 Engineer-In-Chief / Chief Engineer or any officer of Member equivalent rank of the Department 3 One Designated Chief Engineer / Engineer of the Member Department to be nominated by the Department Secretary and concerned. Convenor 4 One representative of Finance Department of the Member Government not below the rank of Joint Secretary of Financial Adviser in case of the works Department where FA system has been introduced
This provision will be applicable irrespective of the value of the works to which the dispute may relate.
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IV. APPENDICES
APPENDIX A: Description of the Service
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks, place of performance for different tasks; specific tasks to be approved by Client, etc.]
** Details as per TOR **
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APPENDIX B: Reporting Requirements
[List format, frequency, contents of reports and number of copies; persons to receive them; dates of submission, etc. If no reports are to be submitted, state here "Not applicable".}
** Please refer TOR **
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APPENDIX C: Key Personnel and Sub-consultant
[List under: C-l Titles [and names, if already available}, detailed job descriptions and minimum qualifications. experience of Personnel to be assigned to work in India, and staff- months for each. C-2 Same information as C-l for Key local Personnel. C-3 Same as C-l for Key foreign Personnel to be assigned to work outside India. C-4 List of approved Sub-consultants [if already available]; same information with respect to their Personnel as in C-l through C-4]
** Please refer TOR **
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APPENDIX D: Medical Certificates
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in India. If there is no need for a medical certificate, state here: "Not applicable. "]
The form of Medical Certificate as required under the rules of Govt. of India / Govt. of West Bengal.
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Appendix E: Hours of Work for Key Personnel
The Consultants Key personnel and all other Professional / Sub Professional / Support Staff / Sub-Consultancy personnel shall work 6 days (Mondays through Saturday) every week and observe the Gazetted Holidays of Government of India as Holidays. The Consultant shall work as per the work programme of the Contractor. In this context in case the work plan of the Consultant needs suitable modifications, the same shall be carried out and submitted to the client for consideration. The Consultants hours of work normally shall match with that of Contractor’s activities on the site. No extra remuneration shall be claimed or paid for extra hours of work required in the interest of Project completion. In respect of foreign personnel, one day per trip as travel time from and to the country of the Government shall be allowed.
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Appendix F: Duties of the Client
[List here under:
1 Services, facilities and property to be made available to the Consultants by the Client. 2 Counterpart personnel to be made available to the Consultants by the Client.]
Please refer TOR
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Appendix G: Cost Estimate
[List hereunder cost estimate in INR:
1 Monthly rates of Local Personnel (Key and other Personnel)
2 Reimbursable / Rental / Fixed expenditures as follows:
(a) Cost of local transportation. (b) Cost of other local services, rentals, utilities etc.
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Appendix H: FORM OF PERFORMANCE SECURITY
(PERFORMANCE BANK GUARANTEE)
(Clause 13 of TOR)
To,
The Superintending Engineer, Western Circle No.-I P. W. Directorate Court Compound, Burdwan P.O.-Burdwan, Dist. Purba Bardhaman, PIN-713101 e-mail : [email protected]
WHEREAS ______[Name & Address, Email Id, of Consultants 1](hereinafter called “ the consultants ”) has undertaken, in pursuance of Contract No. ______, dated ______to provides the services on terms and conditions set forth in this Contract ______(Name of contract and brief description of works) (hereinafter called the “ the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Consultants up to a total of Rs. ______[amount of Guarantee 2](Rupees ______[in words] , such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of Rs. ______[amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultants before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of the services to be performed there under or of any of the Contract documents which may be made between you and the Consultants shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the constitution of the consultants or of the Bank.
Notwithstanding anything contained herein before, our liability under this guarantee is restricted to Rs. ______(Rs. ______) and the guarantee shall remain valid till ______. Unless a claim or a demand in writing is made upon us on or before all our liability under this guarantee shall cease.
This guarantee shall be valid for a period of 21 months from the issue of Bank Guarantee
Signature and Seal of the Guarantor ______In presence of
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Name and Designation ______1(Name, Designation & Occupation)
Name of the Bank ______
Address ______
Phone/Fax No. ______
Email Id ______
Date ______
1 Give names of all partners if the Consultant is a Joint Venture
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues the "Bank Guarantee” .
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign commercial Bank acceptable to client for Foreign Consultant with counter guarantee from Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be confirmed by any Nationalized Bank in India.
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Appendix I
Letter of Invitation
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Appendix J
Letter of Award
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Appendix K
Minutes of Pre-Bid Meeting
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Appendix L
Memorandum of understanding
Between
______
And
______Whereas the Superintending Engineer, ______(the ‘ Employer ’) has invited proposal for appointment of Authority’s Engineer for ______(Name of project) hereinafter called the Project. And Whereas ______(Lead Partner) and ______JV partner/s have agreed to form a Joint Venture to provide the said services to the Employer as Authority’s Engineer; and Now, therefore, it is hereby agreed by and on behalf of the partners as follows: (i) ______will be the lead partner and ______will be the other JV partner/s. (ii) ______(lead partner) shall be the in charge of overall administration of contract and shall be authorised representative of all JV partners for conducting all business for and on behalf of the JV during the bidding process and subsequently, represent the joint venture for and on behalf of the JV for all contractual matters for dealing with the Employer/EPC Contractor if Consultancy work is awarded to JV. (iii) All JV partners do hereby undertake to be jointly and severely responsible for all the obligation and liabilities relating to the consultancy work and in accordance with the Terms of Reference of the Request for Proposal for the Consultancy Services. (iv) Subsequently, if the JV is selected to provide the desired consultancy services, a detailed MOU indicating the specific project inputs and role of each partner/s along with percentage sharing of cost of services shall be submitted to the Employer (Consultant may submit the detailed MOU along with percentage sharing of cost at the time of bidding also). For______(Name of Lead partner)
______
Managing Director/Head of the Firm
Address:
For______(Name of JV partner/s)
______
Managing Director/Head of the Firm
Address
For______(Name of Associate Partner/s)
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