Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(National Competitive Bidding)

Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections.

REQUEST FOR PROPOSAL

August 2018

. Superintending Engineer Southern Highway Circle P.W.(Roads)Directorate KIT Building, 1st Floor, P-16, India Exchange place Extension, Kol- 700073

-0-

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

CONTENTS

TITLE Page No

SECTION 1 LETTER OF INVITATION…………………………. 2 – 4

SECTION 2 INFORMATION TO CONSULTANTS……………. 5 -28

DATASHEET…………………………………….. 29 – 31

SECTION 3 TECHNICAL PROPOSAL- STANDARD FORMS 32 – 57

SECTION 4 FINANCIAL PROPOSAL- STANDARD FORMS 58 – 66

SECTION 5 TERMS OF REFERENCE 67 – 92

SECTION 6 FORM OF CONTRACT 93 – 134

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

SECTION 1. LETTER OF INVITATION

Memo No:1481/D-26 Date-24.08.2018

ALL BIDDERS Dear Sir,

1. Superintending Engineer, Southern Highway Circle, P.W.(Roads) Directorate, Public Works Department, Govt. of West Bengal (“PWD/Client”) invites e tender as Nodal officer for the work of Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections and comprises of up-gradation and construction of 2-lane / 3-lane / 4- lane carriageways with / without paved shoulders with rigid/flexible pavement, construction / rehabilitation / widening of bridges and culverts, construction of high embankment/elevated structures, etc. along the existing highways including realignment and intersection improvements in the road sections (hereinafter referred to as the “Project”).

Administrative District Division Road Section/Civil Works Package Zone Southern Circle, South 24- South 24-Parganas i. Amtala-Baruipur Road-Chainage from PWD. Parganas Division, P.W.Dte. 1.552 Km to 17.084 Km-Widening & Strengthening work under South 24- Parganas Division, PWD, in the district of South 24-Parganas during year 2018-19.

ii. Widening & Strengthening of Auliapur- Uttarbag-Dhosa Road (0.00 Kmp to 25.000 Kmp) under South 24-Parganas Division, PWD, in the district of South 24-Parganas during year 2017-18.

Diamond Harbour iii.Widening & Strengthening of Fatepur-Falta Division, PWD Road from 0.00 Kmp to 14.776 Kmp under Diamond Harbour Division , in the district of South 24-Parganas during year 2017-18.

iv.Widening & Strengthening of Purbabishnupur- Lakshmikantapur-Kulpi Road from Chainage 0.00 Kmp to 16.60 Kmp under Diamond Harbour Division in the district of South 24-Parganas during year 2018-19.

v.Uttarbad to Mandir Ghat Road from 0.00 Kmp to 16.10 Kmp- Widening & Strengthening work under Diamond Harbour Division, PWD, in the district of South 24- Parganas during year 2017-18.

Administrative District Division Road Section/Civil Works Package Zone Southern Highway South 24- Diamond Harbour vi.Widening & Strengthening of Jamtala- Circle, Parganas Highway Division, Kishorimohanpur Road from 0.00 Kmp to P.W. (Roads) P.W. (Roads) 31.95 Kmp under Lakhsmikantapur Highway Directorate Directorate Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas.

vii.Widening & Strengthening of Jibanmondalhat -Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas.

viii.Widening & Strengthening of Joynagar- Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas.

ix.Widening & Strengthening of Kakdwip- Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas.

x.Widening & Strengthening of Mayagoalini- Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)-XXIV in the district of South 24-Parganas during Financial Year 2018-19. Southern Highway South 24- South 24-Parganas xi.Sikharpur-Kulti Cannal Road, from 3.500 Circle, Parganas Highway Division, , Kmp to 12.550 Kmp, in the district of South P.W. (Roads) P.W. (Roads) 24-Parganas, for Widening & Strengthening Directorate Directorate works under South 24-Parganas Highway Division.

xii.Kolkata-Basanti Highway (SH-3A), from 68.000 Kmp to 86.000 Kmp and Basanti- Godkhali Road from 0.000 Kmp to 10.750 Km, for Widening & Strengthening works under South 24-Parganas Highway Division in the district of South 24-Parganas.

Southern Highway Howrah Howrah Highway xiii.Amta Bridge approach Road from 3.277 Km to Circle, Division, 5.36 Km, Betai Narit Road from 0.00 Km to 0.232 P.W. (Roads) P.W. (Roads) Km, Amta Jhikira Road from 0.00 Kmp to 10.70 Directorate Directorate Kmp. Widening & Strengthening under Howrah Highway Division in the district of Howrah.

xiv.Bagnan Sricole Kamalpur Road from 0.00 Kmp to 20.60 Km. Widening & Strengthening under Howrah Highway Division in the district of 4

Howrah.

xv.Bagnan-Amta Road from 0.00 Kmp to 13.40 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah.

2. For Supervision Consultancy to provide the following Services , Supervision of civil works under the Supervision Consultancy package as defined in attached Terms of Reference, as the ‘Engineer’ ensuring that the terms 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 provisions/specifications as contained therein within the stipulated time. The Services extends to implementation of all items of supervision works pertaining to the Project complete in all respects up to the end of certification of the final Statement. Complete details on the Services are provided in the attached Terms of Reference

3. The Client intends to select the Consultant for consultancy package through an open competitive bidding process in accordance with this RFP for consultancy package.

4. The Invitation of Proposals will be done as per the following schedule:

Last date for receipt of queries 4 th September 2018

Pre-proposal conference 4 th September 2018 at 15-00 Hrs. h Proposal submission start date 14 September 2018 15.00 Hrs th Last date for submission of proposal 28 September 2018 15.00 Hrs Opening of Technical Bid 1 st October 2018 15.00 hrs.

Opening of Financial Bid To be intimated.

Note: The pre-proposal conference shall be held in the chamber of the Superintending Engineer Southern Highway Circle, P.W.(Roads)Directorate, KIT Building, 1st Floor, P-16, India Exchange place, Kolkata-700073 at the time and on the date mentioned herein above.

5. The request for proposal (the “RFP”) document can be viewed / downloaded from the PWD website (i.e. http://www.pwdwb.in) and also from e-tendering portal http://www.wbtenders.gov.in from 25.08.2018 up to 15.00 hrs. IST. Bid must be submitted online at http://www.wbtenders.gov.in on or before 28.09.2018 (up to 15.00 hours IST). Bids received online shall be opened on 01.10.2018 (at 15.00 hours IST). 6. The two parts of the Proposal (Technical proposal and Financial proposal) must be submitted on-line with all pages numbered serially, 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 not be acceptable.

7. The hard copies of the technical proposal along with the Power of Attorney, joint bidding agreement and / or any other specified documents shall be submitted physically by the Bidder on or before 28.09.2018 (up to 15.00 hours IST) to:

Superintending Engineer, Southern Highway Circle P.W.(Roads) Directorate KIT Building, 1st Floor, P-16, India Exchange place, Kolkata-700073

8. The Consultant shall be selected under Quality and Cost based selection method (QCBS) and procedures described in this RFP. The Proposal shall 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 evaluation. The Financial Proposal of only those Shortlisted Consultants would be opened, which score qualifying marks in the Technical evaluation. The final selection of the Consultant would be based on combined score of the Evaluated Technical Proposal and Financial Proposal. The weightage of Technical Proposal and Financial Proposal would be 70% & 30%, respectively.

9. The time period for the assignment of Supervision Consultant shall be 24 (Twenty four) months for consultancy package.

10. The RFP includes the following documents:

Section 1 – Letter of Invitation Section 2 – Information to Consultants (including Data Sheet) Section 3 – Technical Proposal – Standard Forms Section 4 – Financial Proposal – Standard Forms Section 5 – Terms of Reference Section 6 – Forms of Contract

11. Proposal must be received not later than 28.09. 2018 (up to 15.00 hours IST). (the “Proposal Due Date”) in the manner specified in the RFP document

12. PWD shall not be responsible for any delay in receiving the Proposal and reserves the right to accept/reject any or all Proposals without assigning any reason whatsoever.

Yours sincerely, . Superintending Engineer, Southern Highway Circle P.W.(Roads) Directorate KIT Building, 1st Floor, P-16, India Exchange place, Kolkata-700073 6

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

SECTION 2. INFORMATION TO CONSULTANTS

1. INTRODUCTION

Definition a) “Assignment” shall have the meaning set forth in the Data Sheet. b) “Associate” or “Affiliate” means, in relation to either Party and/or JV Members, a person who controls, is controlled by, or is under the common control with such Party or JV Member (as used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person, whether by operation of law or by contract or otherwise); c) “Bid Security” shall have the meaning as ascribed under Clause 1.20. d) “Client” means Public Works Department, Govt. of West Bengal. e) “Consultant” means an Applicant to which the Assignment would be awarded pursuant to the evaluation of the Proposals that may provide or provides the Services to the Client under the Contract. f) “Contract” means the Contract signed between the Client and the Consultant after selection of the same under this RFP and all the attached documents listed in its Clause 1 i.e. the General Conditions (GC), the Special Conditions (SC), and the Appendices. g) “Data Sheet” means such part of the Information to Consultants used to reflect specific Assignment conditions. h) “Day” means calendar day. i) “Government” means the Government of West Bengal. j) “Information to Consultants” (Section 2 of the RFP) means the document which provides Applicants with all information needed to prepare their Proposal. k) “LOI” means the Letter of Invitation provided at Section 1 of the RFP. l) “Personnel” means professionals and support staff provided by the Consultant assigned to perform the Services or any part thereof. m) “Proposal” means the Technical Proposal and the Financial Proposal submitted by an Applicant.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

n) “RFP” means the Request for Proposal document provided by the Client to the Applicants for the purpose of selection of the Consultant.

o) “Services” means the work to be performed by the Consultant pursuant to the Contract.

p) “Terms of Reference” means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the Assignment.

1.1 In case an Applicant possesses the requisite experience and capabilities required for undertaking the role of the Consultant, it may participate in the Selection Process either individually (the “Sole Firm”) or as a joint venture/consortium of 2 (two) consulting firms (“Joint Venture”) in response to this RFP. In the event an applicant participates in the Selection Process as a Joint Venture, then one of the members of the said Joint Venture shall be designated as the lead member of such Joint Venture (“Lead Member”) for the purpose of this RFP. However, it is hereby clarified that in the event an applicant participates in the Selection Process in the form of a Joint Venture, then each member of such Joint Venture shall be jointly and severally liable and responsible to the Authority for all matters related to the Consultancy and shall be represented in their individual capacity. For the avoidance of doubt, references to the term applicant in this RFP shall mean the Sole Firm or the Joint Venture, as the case may be. The manner in which the Proposal is required to be submitted, evaluated and accepted is explained in this RFP. 1.2 Conditions of eligibility of Applicants 1.2.1 Applicants must read carefully the minimum conditions of eligibility (the “Conditions of Eligibility”) provided herein. Proposals of only those applicants who satisfy the Conditions of Eligibility will be considered for evaluation. 1.2.2 To be eligible for evaluation of its Proposal, an applicant shall fulfil/submit the following: Sl. Criteria For Sole Firm For Lead For other No Member in member in . Joint Venture Joint Venture 1. Eligible applicant shall be either (i) Must meet Must Meet Must meet proprietorship firm (with the requirement Requirement requirement proprietor having residence in India), (ii) Limited liability partnership or partnership firm (with all the partners having residence in India) or (iii) Company registered in India under Indian

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Sl. Criteria For Sole For Lead For other No. Firm Member in member in Joint Joint Venture Venture Companies Act 1956 or 2013 2 Minimum of 5 (five) years Must meet Must meet Must meet of consultancy experience requirement requirement requirement in the relevant discipline 3 Net Worth should be Must meet Must meet Must meet minimum positive requirement requirement requirement 4 Minimum average turnover Rs. 40 Rs. 30 Rs. 16 crores per annum from crores crores consultancy services over the last 3 (three) financial years 5 Experience in supervision 100 kms 70 kms (for 40 kms (for consultancy of civil works (for 2 lane 2 lane 2-lane roads) of strengthening and roads) / 50 roads) / 35 in aggregate widening to 2-lane with kms (for 4 kms (for 4 paved shoulders or 4-lane lane roads) lane roads) divided carriageway of in aggregate in aggregate NH/SH or equivalent roads abroad completed within last 10 years or achieved at least 90% progress (*) 6 Provide strong consulting Must meet Must meet and evaluation team with at requirement requirement least 4 (four) dedicated individuals as specified in Clause 1.21 of this RFP 7 The applicant should not Must meet Must meet Must meet be an entity which has been requirement requirement requirement barred by the Central/ State Government in India, or any entity controlled by them, from participating in any project, and the bar subsists as on the date of submission of the Proposal

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(*) Note: The weightage given for experience of a firm would depend on the role of the firm in the respective assignments. The firm’s experience would get full credit if it was the sole firm in the respective assignment. In case it was a lead firm, it would get 75% weightage; if it was the other partner in a Consortium of two firms or an associate, it would get 25% weightage for the respective assignment. For Joint Ventures with more than three firms, experience shall not be eligible for evaluation.

To be eligible for evaluation of its Proposal, an applicant shall submit the following:  In case of Joint Venture, the applicant shall submit a copy of the memorandum of understanding executed between the members of the said Joint Venture as per the format specified at Section 3 of this RFP, along with the Proposal;   The applicant should submit a power of attorney as per the format(s) specified at Section 3 of this RFP;   The applicant should submit its annual audited financial statements for the last 3 (three) financial years. In case of Joint Venture, all Members of Joint  Venture should submit the annual audited financial statements; and  The Proposal should be accompanied with the Bid Security (as defined hereinafter) as specified in Clause 1.20 of the RFP.

The Proposal of an applicant, which does not fulfil all or any above-mentioned Conditions of Eligibility, shall be summarily rejected by PWD.

1.3 Applicants are advised that the selection of the Consultant shall be on the basis of evaluation by PWD through the Selection Process specified in this RFP. Applicants shall be deemed to have understood and agreed that no explanation or justification for any aspect of the Selection Process will be given and that PWD’s decision with regard to selection of the Consultant is without any right of appeal whatsoever.

1.4 Applicant shall submit its Proposal in the form and manner specified in this RFP and any Proposal that deviates from such form and manner as specified in this RFP shall be liable to be summarily rejected by PWD. The Technical Proposal shall be submitted in the form specified at Section 3 and the Financial Proposal shall be submitted in the form specified at Section 4. Upon selection, the Consultant shall be required to enter into an agreement with PWD in the form specified at Section 6 (the “Agreement”).

1.5 The Applicants are encouraged to familiarize themselves with the Assignment and local conditions before submitting their Proposal and pay a visit to the Client and the site of the Project before submitting Proposal and to attend a pre- proposal conference on the specified date and time. as specified in the Data Sheet. For the avoidance of doubt, please note that attending the pre-proposal conference is optional.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

1.6. Brief description of the Selection Process

PWD has adopted a two stage selection process (collectively the “Selection Process”) in evaluating the Proposals comprising Technical and Financial Proposals to be submitted in two separate envelopes as specified in Clause 3.5. In the first stage, a technical evaluation will be carried out as specified in Clause 4 .1. Based on this technical evaluation, a list of short-listed applicants shall be prepared. In the next stage, a financial evaluation will be carried out as specified in Clauses 4.2. The applicant achieving the highest combined technical and financial score as per Clause 4.3 shall be selected for negotiation (the “Selected Applicant”), while the next ranked Applicant will be kept in reserve. The Client intends to select the Consultant through an open competitive bidding process in accordance with this RFP for consultancy package.

Currency conversion rate and payment

1.6.1. For the purposes of technical evaluation of applicants, Rs.75 per US$ shall be considered as the applicable currency conversion rate. In case of any other currency, the same shall first be converted to US$ and the amount so derived in US$ shall be converted into INR at the aforesaid rate. The conversion rate of such currencies into US$ shall be the conversion rate as on the last date of submission of the Proposal.

1.6.2. All payments to the Consultant shall be made in INR in accordance with the provisions of this RFP and the Agreement. The Consultant may convert INR into any foreign currency as per applicable laws and the exchange risk, if any, shall be borne by the Consultant.

1.7. Schedule of Selection Process PWD would endeavour to adhere to the following schedule: Last date for receipt of queries 4 th September 2018

Pre-proposal conference 4 th September 2018 at 15-00 Hrs.

Proposal submission start date 14 th September 2018 at 15-00 Hrs. th Last date for receipt of Proposal 28 September 2018 15.00 hrs.

Opening of Technical Bid 1st October 2018 15.00 Hrs

Opening of Financial Bid To be intimated.

1.8. Communications

All communications including the Proposal should be addressed to: Superintending Engineer, Southern Highway Circle,P.W.(Roads) Directorate KIT Building, 1st Floor, P-16, India Exchange place, Kolkata- 700073

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

1.9. Number of Proposal An applicant shall be entitled to submit Proposal, either individually or as a member of any Joint Venture, as the case may be. If found to have applied severally in a single job all of his / their bids will considered as nonresponsive for that proposal, without assigning any reason thereof .

1.10. Cost of Proposal Applicants shall be responsible for all of the costs associated with the preparation of their Proposals and their participation in the Selection Process including subsequent negotiation, visits to PWD, the Project Site etc. PWD will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Selection Process.

1.11. Right to reject the Proposal Notwithstanding anything contained in this RFP, PWD reserves the right to accept or reject Proposal and to annul the Selection Process and reject the Proposal, at any time without any liability or obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof. More specifically, PWD reserves 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 occur after the Proposal (Technical Proposal and/or Financial Proposal) has been opened and the Selected Applicant gets disqualified/ rejected, then the Authority reserves the right to:

(i) invite 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 impartial advice and at all times hold the Client’s interests paramount, strictly

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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

(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

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 ministries, 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 any government employee as a Personnel in their Technical Proposal, such Personnel must have written certification from their respective government department or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the Client by the Shortlisted Consultants as part of their Technical Proposal.

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 more 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 of any contract.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

c) shall declare a Consultant ineligible, either indefinitely or for a stated period of time, to be awarded a domestic financed contract if it at any time determines that the Applicant has engaged in corrupt or fraudulent practices in competing for, or in executing, a domestic financed contract; and

d) shall have the right to require that, in domestic financed contract, a provision be included requiring consultants to permit the PWD to inspect their accounts and records relating to the performance of the contract and to have them audited by authorized representatives of PWD.

1.18 Applicants shall not be under a declaration of ineligibility by PWD, WB for corrupt and fraudulent practices. Furthermore, the Applicants shall be aware of the provisions on fraud and corruption stated in the specific clauses in the General Conditions of Contract.

1.19 Proposal validity The validity of the Proposal shall be as provided in the Data Sheet. During this period, Consultants shall maintain the availability of Professional staff nominated in the Proposal. The Client will make its best effort to complete negotiations within this period. However, the Client may request the Consultants to extend the validity period of their proposal. The Consultants who agree to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirmation of extension of validity of the Proposal. Consultants who do not agree have the right to refuse to extend the validity of their Proposals

1.20 Bid Security The Applicants are required to deposit, along with their Proposal, a bid security of Rs. 2,00,000/- (Rupees Two Lakh only) (the “Bid Security”), in either of the following payment modes: a) Net banking (any of the Banks listed in the ICICI Bank payment gateway) in case of payment through ICICI Bank payment gateway, For the details of the payment procedures and refund / settlement process of the bid security, refer to Memorandum No. 3975-F(Y) dated 28 July 2016 of Audit Branch, Finance Department, Govt. of West Bengal, available at www.wbtenders.gov.in/nicgep/app?page=WebAnnouncements&service=page, 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 available to the Client, under the following conditions: (a) If an applicant submits a non-responsive Proposal.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(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 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. Refund/Settlement Process of Bid Security: i. After opening of the bids and technical evaluation of the same by the tender inviting authority pursuant to Clause 3.9 and 4.1 through electronic processing in the e-Procurement portal of the State Government, the tender inviting authority will declare the status of the bids as successful or unsuccessful which will be made available, along with the details of the unsuccessful Applicants, to IClCI Bank by the e- Procurement portal through web services.

ii. On receipt of the information from the e-Procurement portal, the Bank will refund, through an automated process, the Bid Security of the Applicants disqualified at the technical evaluation to the respective bidders' bank accounts from which they made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on rejection of bid is uploaded to the e-Procurement portal by the tender inviting authority. iii. Once the financial bid evaluation by the tender inviting authority pursuant to Clause 3.9 and 4.2 and Final Scoring pursuant to Clause 4.3 are electronically processed in the e-procurement portal, Bid Security of the technically qualified bidders other than that of the first ranked and second ranked Applicants will be refunded, through an automated process, to the respective Applicant’s bank accounts from which they made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on rejection of financial bid is uploaded to the e-Procurement portal by the tender inviting authority. However, the second ranked Applicant should not be rejected till the LOA process pursuant to Clause 3.15 is successful. iv. If the Selected Applicant accepts the LOA pursuant to Clause 3.15 and the same is processed electronically in the e-Procurement portal, Bid Security of the second ranked bidder will be refunded through an automated process, to his bank account from which he made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on Letter Of Award (LOA) to the Selected Applicant is uploaded to the e-Procurement portal by the tender inviting authority. v. As soon as the Selected Applicant is awarded the contract (LOA) and the same is processed electronically in the e-Procurement portal –

a). Bid Security of the Selected Applicant for tender of State Government offices will automatically get transferred from the pooling account to the State Government deposit head “8443- 00 -103-001-07" through GRIPS along with the bank particulars of the Selected Applicant. b). Bid Security of the Selected Applicant for tenders of the State PSUs/Autonomous Bodies/Local Bodies/PRls, etc will automatically get transferred from the pooling account to their respective linked bank accounts along with the bank particulars of the L1 bidder.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

In both the above cases, such transfer will take place within T+1 Bank Working Days where T will mean the date on which the Letter Of Award (LOA) is issued. vii. The Bank will share the details of the GRN No. generated on successful entry in GRIPS with the E-Procurement portal for updating. viii. Once the Bid Security of the L1 bidder is transferred in the manner mentioned above, Tender fees, if any, deposited by the bidders will be transferred electronically from the pooling account to the Government revenue receipt head “0070-60-800-013-27" through GRIPS for Government tenders and to the respective linked bank accounts for State PSU/Autonomous Body/Local Body/PRls, etc tenders.

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 Qualification No. personnel 1 Project Team Graduate in Civil Engineering with at least 20 years Leader cum professional experience of handling highway projects. He Highway should have worked as Resident Engineer/Project Manager Engineer or equivalent for minimum 10 years on supervision/construction of highway projects with use of modem construction techniques

2 Material He will be a Graduate Civil Engineer. He should have about Engineer 15 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 modern pavement construction technology.

3 Quantity He will be a civil engineering graduate with qualifications cum Contract and / or experience in the field of contract management, Engineer Law, MIS, etc. 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 as a Contract Specialist in respect of large size/complex road/bridge/expressway projects. He should have handled management of a large highway contract say over Rs 150 crore, on ICB/NCB norms, including experience of handling variation orders to contracts, claims of contractors and their appropriate disposal.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Sl. Key Qualification No. personnel 4 Resident Graduate in Civil Engineering with at least 10 years Engineer professional experience of handling highway projects. He should have worked as Resident Engineer/Project Manager/Assistant Resident Engineer or equivalent for minimum 3 years on supervision/construction of highway projects with use of modem construction techniques

2. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS 2.1. 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, fax 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 initiative 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 official website, i.e., http://www.pwdwb.in In

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 PROPOSAL 3. 1. Language

The Proposal with all accompanying documents (the “Documents”) and all 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 asked 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 3) of the Technical Proposal are listed below: TECH 1: Technical Proposal Submission Form TECH 2: Particulars of the Applicant TECH 2A: Memorandum of Understanding TECH 3: Power of Attorney TECH 3A: Power of Attorney for Joint Venture TECH 4: Financial Capacity of the Applicant TECH 5: Abstract of the eligible assignment of the Applicant. TECH 6: Firm’s References TECH 7: Comments or Suggestions on the Terms of Reference TECH 8: Description of the Approach, Methodology and Work Plan for performing the assignment TECH 9: Team composition and task assignment TECH 10: Curriculum Vitae (CV) for proposed Key Personnel TECH 11: Staffing Schedule. TECH 12: Work Schedule The Standard Forms (Section 4) of the Financial Proposal are listed below: FIN-1: Financial Proposal submission form FIN-2: Summary of costs FIN-3: Breakdown of costs by activity FIN-4: Breakdown of remuneration, FIN-5: Reimbursable expenses

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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”. In addition, the Applicant shall submit 2 (two) copies of the Technical Proposal, along with documents required to be submitted along therewith pursuant to this RFP, marked “COPY”. 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, the online submission shall prevail.

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 Tech 2A of Section 3 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 the format prescribed in Tech 3A of Section 3 of this RFP, 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 Tech 2A of Section 3 and power of attorney for Lead Member of Joint Venture in accordance with Tech 3A of Section 3 shall be attached to Tech-1, Standard Forms (Section 3) and submitted as part of the 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 Proposal. Except as specifically provided in this RFP, no supplementary material will be 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.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

3.3. Technical Proposal

3.3.1. Applicants shall submit the technical proposal in the format specified at Section 3 (the “Technical Proposal”).

3.3.2. While submitting the Technical Proposal, an applicant shall, in particular, ensure that:

(a) All forms are submitted in the prescribed formats and signed by the authorized signatories; (b) Curriculum Vitae (CV) of all Professional Personnel (as defined hereinafter) have been included; (c) Key Personnel have been proposed only if they meet the Conditions of Eligibility laid down at Clause 1.21 of this RFP; (d) No alternative proposal for any Key Personnel is being made and only one Curriculum Vitae (CV) for each position has 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 specified in this RFP has been provided; (h) Power of attorney, if applicable, is executed as per applicable laws; (j) The Proposal is responsive as per Clause 3.9.3. (k) In case of Joint Venture, a copy of the memorandum of understanding executed between the members of such Joint Venture and a power of attorney in favour of the Lead Member of the Joint Venture are submitted along with the Proposal

3.3.3. Failure to comply with the requirements spelt out in this Clause 3.3 shall make the Proposal liable to be rejected.

3.3.4. If any Key Personnel of an applicant makes a false averment regarding his qualification, experience or other particulars, or his commitment regarding availability for the Project is not fulfilled at any stage after signing of the Agreement, he shall be liable to be permanently debarred for any future assignment of PWD. The award of Consultancy to such applicant may also be liable to cancellation/rejection in such an event.

3.3.5. The Technical Proposal shall not include any financial information relating to the Financial Proposal.

3.3.6. The Ministry of Road Transport & Highways has developed “INFRACON” (www.infracon.nic.in) which is comprehensive National Portal for Infrastructure Consultancy firms & Key Personnel. This portal enables the consultancy firms and key personnel to register themselves and upload their

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

credentials public domain. The portal has the facility to host Firms & personnel credentials online with option to link to Aadhar & Digilocker for data validity and purity. It is mandatory for the Consultants to register on INFRACON portal. 3.3.7. 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 4 (the “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 shall prevail (proposed value should be within the 3.00% of the total amount of civil cost of all road projects).

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. These 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/ rules in force. However, service tax, at applicable rates, shall be reimbursed by the Authority on submission of documentary evidence of deposit of service tax, 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 Employer (http://www.wbtenders.gov.in / http://www.pwdwb.in) and the Application may be submitted online at http://www.wbtenders.gov.in

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

3.5.2. The following shall be the form of various documents in the Application: A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer) a. Technical Proposal scanned from the hard copy of the Technical Proposal in original as indicated in para “B” below b. Financial proposal in the prescribed format (FIN 1 to 6 of Section 4) B. Hard copy of Technical Proposal in original as per Clause 3.5.3, 3.5.4 and 3.5.6

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. Each page of the submission shall be initialled by an authorised representative of the applicant as per the terms of the RFP.

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 open, except in presence of an authorised person of PWD”. The name of the work should be specified as “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections.

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 contents of the Proposal submitted and consequent losses, if any, suffered by the applicant and such Proposal shall be summarily rejected.

3.5.6. The envelope marked “Technical Proposal” shall contain, if applicable: (i) Application in the prescribed format (TECH 1 of Section 3) along with TECH 2 to 12 of Section 3 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 company, a copy of the partnership deed if the

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

applicant is a partnership firm, a copy of the limited liability partnership agreement if the applicant is a limited liability partnership (LLP), etc.); It is hereby clarified that in the event the applicant is a Joint Venture, each member of such Joint Venture shall submit 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 2017-18. In case of joint venture, each member of the joint venture shall submit duly audited balance sheets for three years preceding FY 2017-2018; (iv) Printed copy of the receipt of Bid Security as specified in Clause No. 1.20 and (v) Application processing fee as applicable shall be paid to the Service provider of E-tendering portal.

3.6. Proposal Due Date

3.6.1. Scanned copies of the Technical and Financial Proposals should be uploaded on the e-tendering portal of the Employer submitted at or before 15-00 hours on 28.09. 2018 (the “Proposal Due 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 and shall be summarily 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 t h e 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, substitution or withdrawal notice shall be prepared sealed, marked and delivered with the envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION” or WITHDRAWAL”, as appropriate.Any alteration/ modification in the Proposal or additional information or material supplied subsequent to the Proposal Due Date, shall be disregarded unless the same has been expressly sought for by PWD

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 are 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 Tech 2A of Section 3 of the RFP) executed between the members of the Joint Venture and a power of attorney (as per the format prescribed in Tech 3A of Section 3 of the RFP) in favour of the Lead Member of the Joint Venture as specified in Clause 3.2.5

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 shall subsequently examine and evaluate Proposals in accordance with the Selection Process and the criteria set out in this RFP.

3.9.8. After the technical evaluation, PWD shall prepare a list of pre-qualified and shortlisted applicants for opening of their Financial Proposals. The result of technical evaluation and the date, time and venue for opening of Financial Proposals will be uploaded on the website of PWD (i.e. http://www.pwdwb.in) / e-tendering portal http://www.wbtenders.gov.in. The Authority 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 clarification from applicants who fail to qualify any of the stages of the Selection Process. The financial evaluation and final ranking of the Proposals shall be carried out in terms of Clauses 4.2 and 4.3.

3.9.9. Applicants are advised that selection will be entirely at the discretion of PWD. Applicants will be deemed to have understood and agreed that no explanation or justification on any aspect of the Selection Process will be given.

3.9.10. Any information contained in the Proposal 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 Consultancy is subsequently awarded to it.

3.10. Confidentiality

Information relating to the examination, clarification, evaluation and recommendation 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 information, submitted as part of a Proposal, in confidence and will require all those who have access to such material to treat the same in confidence. PWD may not divulge any such information unless it is directed to do so by any statutory entity that has the power under applicable law to require its disclosure or is to enforce or assert any right or privilege of any statutory entity and/or PWD.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

3.11. Clarifications

3.11.1. To facilitate evaluation of Proposals, PWD may, at its sole discretion, seek clarifications from any applicant regarding its Proposal. Such clarification(s) shall be provided within the time specified by PWD for this purpose. Any request for clarification(s) and all clarification(s) in response thereto shall be in writing.

3.11.2. If an applicant does not provide clarifications sought under Clause 3.11.1 above within the specified time, 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.

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.

3.13. Substitution of Key Personnel

3.13.1. PWD will not normally consider any request of the Selected Applicant for substitution 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. Substitution 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 Consultant shall, 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 Consultant during implementation of the

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 issued, in duplicate, by PWD to the Selected Applicant and the Selected Applicant shall, within 7 (seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate 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 for submission thereof, consider the next highest ranking applicant and appoint the said applicant as the Consultant if the said applicant fulfils all the eligibility criteria mentioned 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 the Performance Security from such Selected Applicant, the LOA and the Acknowledgement of receiving the Performance Security 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 entitled 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 execute the Agreement with each of the members forming a part of such Joint Venture

3.17. Commencement of assignment

The Consultant shall commence the Consultancy at the Project Site with immediate effect from the date of the Agreement or 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 negotiations.

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. Applicants and the Consultant, as the case may be, are to treat all information as strictly confidential. PWD will not return any Proposal or any information related thereto to any of the applicants. All information collected, analysed, processed or in whatever manner provided by the applicants and/or the Consultant, as the case may be, to PWD in relation to the Consultancy shall be the property of PWD.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

4. CRITERIA FOR EVALUATION

4.1. Evaluation of Technical Proposals

4.1.1. From the time of the opening of the Technical 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 Financial Proposal. Any effort by Shortlisted Consultants to influence the Client in the examination, evaluation, ranking of Proposals, and recommendation for award of Contract may result in the rejection of the Shortlisted Consultants’ Proposal. Evaluators of Technical Proposals shall have no access to the Financial 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 Proposal 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 fails to achieve the minimum technical score indicated in the Data Sheet.

4.2. Evaluation of Financial Proposal

Each Financial Proposal will be assigned a financial score Sf. PWD will determine whether the financial proposals are responsive as per terms of RFP, complete, unqualified and unconditional.

The Evaluation Committee will correct any computational errors. When correcting computational errors, in case of discrepancy between a partial 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 Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items.

The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points. The formula for determining the financial scores is the following:

Sf = 100 x Fm/F

where, Sf is the financial score, Fm is the lowest price and F the price of the Proposal under consideration.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

4.3. Final Scoring

4.3.1 Proposals will be ranked according to their combined technical (St) and financial (Sf) 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 first ranked Applicant shall be one, who shall score the highest combined score. The subsequent ranked Applicant may be kept in reserve and may be invited for negotiations in case the selected Applicant withdraws or fails to comply with the requirement specified in the Clause 3.12, 3.16 and 3.17.

4.3.3 An Applicant may submit proposal in response to RFP for consultancy package. In case of a tie in combined score, Client shall consider the Technical score and the one with higher technical score shall be chosen.

5. PRE-PROPOSAL CONFERENCE

5.1 Pre-proposal conference of the applicants shall be convened at the designated date, time and place. All prequalified applicants shall 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 applicant.

5.2 During the course of the pre-proposal conference, the applicants will be free to seek clarifications and make suggestions for consideration of the Authority. The Client shall endeavour to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Selection Process

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 exclusive 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 Process 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 order to receive clarification or further information;

(c) retain any information and/or evidence submitted to the Authority by, on behalf of and/or in relation to any applicant; and/or

(d) independently verify, disqualify, reject and/or accept any and all submissions or other information and/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, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way 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 rights and/or claims it may have in this respect, whether actual or contingent, whether present or future.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

INFORMATION TO CONSULTANTS DATA SHEET

Reference paragraph

1.(a) Name of the Assignment is “Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections”

Administrative District Division Road Section/Civil Works Package Zone Southern Circle, South South 24-Parganas Division, i.Amtala-Baruipur Road-Chainage PWD. 24- P.W.Dte. from 1.552 Km to 17.084 Km- Parganas Widening & Strengthening work under South 24-Parganas Division, PWD, in the district of South 24- Parganas during year 2018-19. ii.Widening & Strengthening of Auliapur-Uttarbag-Dhosa Road (0.00 Kmp to 25.000 Kmp) under South 24-Parganas Division, PWD, in the district of South 24- Parganas during year 2017-18.

Diamond Harbour Division, PWD iii.Widening & Strengthening of Fatepur-Falta Road from 0.00 Kmp to 14.776 Kmp under Diamond Harbour Division , in the district of South 24-Parganas during year 2017-18. iv.Widening & Strengthening of Purbabishnupur- Lakshmikantapur-Kulpi Road from Chainage 0.00 Kmp to 16.60 Kmp under Diamond Harbour Division in the district of South 24- Parganas during year 2018-19. v.Uttarbad to Mandir Ghat Road from 0.00 Kmp to 16.10 Kmp- Widening & Strengthening work under Diamond Harbour Division, PWD, in the district of South 24- Parganas during year 2017-18.

Southern Highway South Diamond Harbour Highway vi.Widening & Strengthening of Circle, 24- Division, P.W. (Roads) Directorate Jamtala-Kishorimohanpur Road P.W. (Roads) Parganas from 0.00 Kmp to 31.95 Kmp Directorate under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. vii.Widening & Strengthening of Jibanmondalhat -Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. viii.Widening & Strengthening of Joynagar-Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. ix.Widening & Strengthening of Kakdwip-Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24- Parganas. x.Widening & Strengthening of Mayagoalini-Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)- XXIV in the district of South 24- Parganas during Financial Year 2018-19. Southern Highway South South 24-Parganas Highway xi.Sikharpur-Kulti Cannal Road, Circle, 24- Division, , P.W. (Roads) from 3.500 Kmp to 12.550 Kmp, in P.W. (Roads) Parganas Directorate the district of South 24-Parganas, Directorate for Widening & Strengthening works under South 24-Parganas Highway Division. xii.Kolkata-Basanti Highway (SH- 3A), from 68.000 Kmp to 86.000 Kmp and Basanti-Godkhali Road from 0.000 Kmp to 10.750 Km, for Widening & Strengthening works under South 24-Parganas Highway Division in the district of South 24- Parganas.

Southern Highway Howrah Howrah Highway Division, xiii.Amta Bridge approach Road Circle, P.W. (Roads) Directorate from 3.277 Km to 5.36 Km, Betai

P.W. (Roads) Narit Road from 0.00 Km to 0.232 Directorate Km, Amta Jhikira Road from 0.00 Kmp to 10.70 Kmp. Widening & Strengthening under Howrah Highway Division in the district of Howrah. xiv.Bagnan Sricole Kamalpur Road from 0.00 Kmp to 20.60 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah. xv.Bagnan-Amta Road from 0.00 Kmp to 13.40 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah.

2.00 A pre-proposal conference will be held:

Date: 04.09.2018

Time: 3-00 PM

Venue: Office of the Superintending Engineer,Southern Highway Circle ,P.W.(Roads) Directorate,KIT Building, 1st Floor, P-16, India Exchange place, Kolkata-700073

3.00 Proposals must remain valid for 120 days after the Proposal Due Date

3.4.2 (i) (1) cost of necessary travel, including transportation of the Personnel by the most appropriate means of transport and the most direct practicable route;

(2) cost of office accommodation, investigations and surveys;

(3) cost of applicable local communications such as the use of telephone and facsimile required for the purpose of the Services;

(4) cost, rental and freight of any instruments or equipment required to be provided by the Consultant for the purposes of the Services;

(5) cost of printing and dispatching of the reports to be produced for the Services;

(6) other allowances where applicable and provisional or fixed sums (if any); and

Govt . of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(7) cost of such further items required for purposes of the Services not covered in the foregoing.

4.1.2 Criteria, sub-criteria, and point system for the evaluation of Full Technical Proposals are:

Points

(i) Specific experience of the Applicant relevant to the assignment: a) Experience in Construction Supervision/IC 12 b) Experience in preparation of DPR/FS cum DPR 8 Total points for criteria (i) 20

(ii) Adequacy of the proposed methodology and work plan in responding to the Terms of Reference: 3 a) Technical approach and methodology 1 b) Work plan 1 c) Organization and staffing

Total points for criteria (ii) 5

(iii) Key Personnel staff qualifications and competence for the assignment:

A. Professional common for consultancy package a) Team Leader cum Sr. Highway Engineer 20 b) Material Engineer 15 c) Quantity cum Contract Engineer 15 d) Resident Engineers 25

Total points for criteria (iii) 75

Total Points 100 The number of points to be given for qualifications and competence of the key staff for the assignment are:

(i) General qualifications a) Educational qualifications 20%

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

5% b) Additional qualifications including trainings, publications, etc.

Sub-total for (i) 25%

(ii) Adequacy for the Assignment a) Professional experience 10% b) Experience relevant to similar kind of Assignment 20% c) Experience relevant to the similar capacity and one post / rank below the 35% capacity d) Nature of employment with firm 5% Sub-total for (ii) 70% (iii) Experience in region and language 5% Total points 100% The minimum technical score required to pass is 70 Points

Govt. of West Bengal

Public Works (Roads) Directorate Southern Highway Circle

SECTION 3: TECHNICAL PROPOSAL – STANDARD FORMS

Refer to reference paragraph 3.4 of the Data Sheet for format of Technical Proposal to be submitted and paragraph 3.4 of Section 2 of the RFP for Standard Forms required and number of pages recommended

TECH 1: Technical Proposal Submission Form TECH 2: Particulars of the Applicant TECH 2A: Memorandum of Understanding TECH 3: Power of Attorney TECH 3A: Power of Attorney for Joint Venture TECH 4: Financial Capacity of the Applicant TECH 5: Abstract of the eligible assignment of the Applicant. TECH 6: Firm’s References TECH 7: Comments or Suggestions on the Terms of Reference TECH 8: Description of the Approach, Methodology and Work Plan for performing the assignment TECH 9: Team composition and task assignment TECH 10: Curriculum Vitae (CV) for proposed Key Personnel TECH 11: Staffing Schedule. TECH 12: Work Schedule

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Dear Madam / Sir

Subject “Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections. ”

With reference to your RFP Document dated [],we, having examined all relevant document and understood their contents, hereby submit our Proposal for selection as Consultant for Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle under South Administrative Zones , P.W.(Roads) Directorate of Public Works Department (PWD), Govt. of West Bengal for some selected road sections having commencement of civil works in 2018”. The proposal is unconditional and unqualified and includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.

If the applicant is a Joint Venture, insert the following: We are submitting our Proposal as a Joint Venture with: [Insert a list with full name and the legal address of each member, and indicate the Lead Member]. We have attached a copy [insert: “of the 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 hereby 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 shall make available to the Public Works Department (PWD), Govt. of West Bengal any additional information it may deem necessary or require for supplementing or authenticating the Proposal.

We declared that a) We have examined and have no reservation to the RFP Documents, including any Addendum issued by PWD; b) We do not have any conflict of interest in accordance with the RFP Document; and

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle c) We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined under the RFP Document, in respect of any tender or request for proposal issued by or any agreement entered into with the PWD or any other public sector enterprise or any government, Central or State and also certify that no person acting for us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

We hereby irrevocably waive any right or remedy which we may have at any stage at all or howsoever otherwise arising to challenge or question any decision taken by PWD in connection with the selection of Consultant or in connection with the Selection Process itself in respect of the above mentioned Project.

We agree and understand that the proposal is subject to the provisions of the RFP document. In no case, shall we have any claim or right of whatsoever nature if the Consultancy for the Project is not awarded to us or our proposal is not opened or rejected.

We agree to keep this offer valid as specified in the RFP document.

We have studied RFP and all other documents carefully and also surveyed the site of the Project. We understand that except to the extent as expressly set forth in the Contract, we shall have no claim, right or title arising out of any documents or information provided to us by PWD or in respect of any matter arising out of or concerning or relating to the Selection Process including the Award of Consultancy.

If negotiations are held during the period of validity of the Proposal, i.e., before the date indicated in Paragraph Reference 1.19 of the Data Sheet, 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 undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in Para 3.17 of RFP.

We understand you are not bound to accept any Proposal you receive.

We agree and undertake to abide by all the terms and conditions of the RFP Document. In witness thereof, we submit this Proposal under and in accordance with the terms of the RFP Document.

We remain, Yours sincerely,

Authorised Signature (in full and initials) Name and title of signatory: Name of firm: Address

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH-2: PARTICULARS OF THE APPLICANT

[In case of Joint Venture, for each member of the Joint Venture for this assignment]

“ Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways 1.1 and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections. ”

Title of Project:

[*************] 1.2 State the following (as applicable): Name of the applicant: Legal status (e.g. incorporated private/ public company, government company, unincorporated business, partnership etc.): Country of incorporation: Registered address: Year of incorporation: Year of commencement of business (if applicable): Principal place of business: Brief description of the applicant including details of its main 1.3 lines of Business: Name, designation, address and phone numbers of authorised representative of the applicant: Name: Designation: Company: Address: Phone No.: Fax No. :

E-mail add:

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Form TECH 2A

(Memorandum of understanding to be executed between the members of the

Joint Venture applicant)

is to be replaced by the draft of the memorandum of understanding attached

herewith.

(To be executed on stamp paper of appropriate value as applicable in the state of execution)

THIS MEMEORANDUM OF UNDERSTANDING (“MOU”) for consortium/joint venture is entered into on this the ………… day of ………, 20....…

AMONGST

1. [▪], proprietorship firm (with the proprietor having residence in India), /

limited liability partnership or partnership firm (with all the partners having residence in India) / company registered in India under Indian Companies Act 1956 (as amended or substituted) and having its registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. [▪], proprietorship firm (with the proprietor having residence in India), / limited liability partnership or partnership firm (with all the partners having residence in India) / company registered in India under Indian Companies Act 1956 (as amended or substituted) and having its registered office at ………… (hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the “Parties” and each is individually referred to as a “Party”

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

WHEREAS

(A) Public Works Department, Government of West Bengal (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited proposal by its Request for Proposal No. _****___dated ____***____, 2018 (“RFP”) for consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections”in conformity with the terms of reference specified in Section 5 of the RFP (the “Consultancy”).

(B) The Parties are interested in jointly bidding for the Consultancy in accordance with the terms and conditions of the RFP document and other bid documents in respect of the Consultancy, and

(C) It is a necessary condition under the RFP document that the parties applying jointly for the Consultancy, shall enter into this MOU and furnish a copy thereof with the Proposal.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

1.1 In this MOU, the capitalised terms shall, unless the context otherwise requires, have the meaning ascribed thereto under the RFP.

2. Joint Venture

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

2.1 The Parties do hereby irrevocably constitute a consortium/joint venture (the “Joint Venture”) for the purposes of jointly participating in the bidding process for selection of the Consultant for carrying out the Consultancy.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this Joint Venture and not individually and/ or through any other Joint Venture constituted for the Consultancy, either directly or indirectly or through any of their Associates.

2.3 The Parties hereto shall co-operate in making such formal submissions as is

required under the terms of the RFP and the clarifications/modifications/additions/corrigenda issued in lieu thereof, if any, as well as in taking any formal actions required or deemed to be appropriate by both Parties for the purposes of participation in the bidding process.

3. Covenants

3.1 The Parties hereby undertake that in the event the Joint Venture is declared as the Selected Applicant, the LOA for awarding the Consultancy shall be issued jointly in the name of each Party hereto and not in the name of the Joint Venture.

3.2 After the issuance of the LOA in favour of the Parties hereto and acknowledgement by the Authority of the receipt of Performance Security from the Parties, as provided for under the RFP, the Authority shall execute the Agreement, with each Party hereto being made party to such Agreement, within 7 (seven) days of the date of such acknowledgement by the Authority.

4. Role of the Parties

4.1 The Parties hereby undertake to perform the roles and responsibilities as described below:

a) Party of the First Part shall be the lead member of the Joint Venture formed hereunder (“Lead Member”) and shall have the power of attorney from the Party of the Second Part for conducting all business

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

for and on behalf of the Joint Venture and/or the Party of the Second Part during the bidding process and until the execution of the Agreement between the Parties and the Authority; and

b) Each Party shall bear its own costs with respect to entering into this MOU and up to the signing of the Agreement with the Authority.

c) The Lead Member shall receive the payment on behalf of the Parties from the Authority for the Consultancy and immediately upon receipt of such payment, the Lead Member shall pay to the Party of the Second Part its share of such payment, which share shall be agreed between the Parties based on the personnel deployment and responsibilities assigned.

5. Joint and Several Liabilities

5.1 The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to the Consultancy and in accordance with the terms of the RFP document and the Agreement.

6. Representation of the Parties

6.1 Each Party represents to the other Parties as of the date of this MOU that:

(a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation and has all requisite power and authority to enter into this MOU;

(b) The execution, delivery and performance by such Party of this MOU has been authorised by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the person executing this MOU for the delegation of power and authority to

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

execute this MOU on behalf of the said Party is annexed to this MOU, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained; or

(ii) violate any Applicable Law presently in effect and having applicability to ; or

(iii) violate the memorandum and articles of association, by-laws or other applicable organisational documents thereof; or

(iv) violate any clearance, permit, concession, grant, license or other governmental authorisation, approval, judgment, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this MOU or the Agreement thereafter;

(d) there is no litigation pending or, to the best of such Party’s knowledge, threatened to which it or any of its affiliates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfilment of its obligations under this MOU or the Agreement thereafter.

7. Termination

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

7.1 This MOU shall be effective from the date hereof and shall continue in full force and effect until expiry or termination of the Agreement, provided however, this MOU shall cease to be operative in the following circumstances:

i) The MOU is substituted by a detailed Agreement between the Parties on award of the Consultancy in favour of the Parties hereto.

ii) The Consultancy is not awarded to the Parties herein.

8. Miscellaneous

8.1 This MOU shall be governed by laws of India.

8.2 The Parties acknowledge and accept that this MOU shall not be amended by the Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS MEMORANDUM OF UNDERSTANDING AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED For and on behalf of FIRST PART by: For and on behalf of SECOND PART by:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

In the presence of:

1. 2.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Notes:

1 The mode of the execution of the MOU should be in accordance with the procedure, if any, laid down by the Applicable Law and the charter documents of the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

2 Each MOU should attach a copy of the extract of the charter documents and documents such as resolution / power of attorney in favour of the person executing this MOU for the delegation of power and authority to execute this MOU on behalf of the members of the Joint Venture.

3 For a MOU executed and issued overseas, the document shall be legalised by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been executed.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Form TECH 3

Power of Attorney for Sole Firm

Know all men by these presents, We, ______(insert name of applicant and address of the registered office of the applicant) do hereby constitute, nominate, appoint and authorise Mr./ Ms...... [son/daughter/wife] of ______and presently residing at ...... , who is presently employed with us and holding the position of ...... as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Proposal for selection as the Consultant for “Consultancy services for -Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections. ”, including but not limited to, signing and submission of all applications, proposals and other documents and writings, participating in pre-bid and other conferences and providing information/ responses to the Client, representing us in all matters before the Client, signing and execution of all contracts and undertakings consequent to acceptance of our proposal and generally dealing with the Client in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the entering into of the Agreement with the Authority.

AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by this power of attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

Capitalised terms used herein shall have the meaning assigned to them in the RFP dated ______.

IN WITNESS WHEREOF WE, ...... THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ...... DAY OF ...... , 20**

For ......

(Signature, name, designation and address) Witnesses:

Notarised

Accepted

......

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(Signature, name, designation and address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down under law and the charter documents of the executants(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.

Wherever applicable, the applicant should submit for verification the extract of the charter documents and other documents such as a resolution authorizing the issuance of this power of attorney and power of attorney in favour of the person executing this power of attorney for the delegation of power hereunder on behalf of the applicant.

For a power of attorney executed and issued overseas, the document will also have to be legalised by the Indian embassy and notarised in the jurisdiction where the power of attorney is being issued .

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle Form TECH 3A

Power of Attorney for Lead Member of Joint Venture

Whereas Public Works Department, Government of West Bengal (the “Client”) has invited proposal (“Proposal”) by its Request for Proposal No. _**___dated ____****____, 2018(“RFP” for consultancy services for “Consultancy services for“Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections. ”, (the “Consultancy”).

Whereas, ……….. and………………… being interested in bidding for the

Consultancy in accordance with the terms and conditions of the RFP document and other connected documents in respect of the Consultancy, have formed a consortium/joint venture (the “Joint Venture”).”and

Whereas, it is necessary for the members of the Joint Venture to designate one of them as the lead member with all necessary power and authority to do for and on behalf of the Joint Venture, all acts, deeds and things as may be necessary in connection with the Joint Venture’s bid for the Consultancy and its execution.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS

We, ……………… having our registered office at …………………, M/s.

……………………, having our registered office at …………………, and M/s.

…………………, having our registered office at ………………, (hereinafter

collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorise M/s …………………, having its registered office at ………………………, being one of the members of Joint

Venture, as the lead member and true and lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”) and hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the

Joint Venture and any one of us during the bidding process, and in this regard, to do

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle on our behalf and on behalf of the Joint Venture, all or any of such acts, deeds, or things as are necessary or required or incidental to the submission of its bid for the Consultancy, including but not limited to signing and submission of all applications, bids and other documents and writings, accept the letter of award, participate in bidders’ and other conferences, respond to queries, submit information/ documents, sign and execute contracts and undertakings consequent to acceptance of the bid of the Joint Venture and generally to represent the Joint Venture and/or each of the member of the Joint Venture, in all its/their dealings with the Authority, and/ or any other government agency or any person, in all matters in connection with or relating to or arising out of the Joint Venture’s bid for the Consultancy and/ or upon award thereof till the agreement is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us/ Joint Venture.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……………… DAY OF

………….., 20.…

For ……………………...

(Signature, Name & Title)

For …………......

(Signature, Name & Title)

For ………………………

(Signature, Name & Title)

(Executants)

(To be executed by both the members of the Joint Venture)

Witnesses:

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Notes:

� The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

� Wherever required, the applicant(s) should submit for verification the extract of the charter documents and documents such as a board or shareholders resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the applicant(s).

� For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by applicant(s) from countries that have signed the Hague Legislation Convention, 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Apostle certificate.

� The Representative of Lead Member of Joint Venture who is submitting the Bid on behalf of JV shall also be duly authorized by lead Member and necessary authorization Document in this regard ( Board Resolution / POA) shall also be submitted along with the Bid Proposal.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Form TECH 4

Financial Capacity of the Applicant

[In case of Joint Venture, for each member of the Joint Venture for this assignment]

Sl. Particulars 2017-‘18 2016-‘17 2015-‘16 No. 1 Annual turnover from consulting business 2 Total Assets 3 Current Assets 4 Total Liability 5 Current Liability 6 Net Worth 7 Working Capital 8 Net Profit

Note: The audited balance sheets of the above-mentioned financial years are required to be attached

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Form TECH 5

Abstract of Eligible Assignments of the Applicant [In case of Joint Venture, for each member of the Joint Venture for this assignment]

HIGHWAY AND BRIDGE PROJECTS HANDLED BY THE APPLICANT FOR THE LAST TEN YEARS (Only those projects to be included ,which are supported by the certificate of the clients mentioning that the consultancy work has been completed satisfactorily or has been substantially completed (substantial completion means 90% work in financial value having been executed) satisfactorily.

Road / Highway Type of Client with Length Fee in INR Years projects with / services complete of (Applicant’s share (duration) without Bridges rendered address, highway in case of JV) Name (prime (A,B,C) telephone projects Fee for Fee for Consultant / JV) no. & fax with construc design no.) details tion and other of supervis services bridges ion (1) (2) (3) (4) (5) (6) (7)

A - Design of 4-lane / 2-lane Highway projects / Bridges / Interchanges B - Construction Supervision of similar Highway Projects / Bridges / Interchanges C - Review of Detailed Project Reports / Design / Proof checking of highway projects / bridges

Note: The applicant should provide details of only those projects that have been undertaken by it under its own name or any name previous to the existing name. The work must be undertaken by the entity who have materially and substantially related to the working of the entity in its present name, i.e., by way of amalgamation, takeover, merger, acquisition etc.”

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Form TECH 6

FIRM’S REFERENCES [In case of Joint Venture, for each member of the Joint Venture for this assignment]

EXPERIENCE OF FIRM OR JOINT VENTURE MEMBERS IN THE LAST TEN YEARS WHICH BEST ILLUSTRATE QUALIFICATIONS RELEVANT TO THIS PROJECT* (Furnish experience related to Highway / Bridge projects as well as other projects and Projects related to Road Safety Audit).

Name of Overall Project: ______Location of Overall Project: ______Consultant’s Fee: In Rupees ______(Furnish Currency conversion rate, if applicable) Owner’s Name and Address: ______Completion (Actual and Estimated): ______Description of Project: ______Description of Services Provided by the Firm ______I certify that the information in the above Request For Proposal formats is true to the best of my knowledge.

PRESIDENT / MANAGING DIRECTOR OR AUTHORIZED SIGNATORY# SUBSCRIBED AND SWORN to before me this ______date of ______, 200___ at ______. NOTARY PUBLIC * Certificate showing the claimed experience furnished by the client or any satisfactory proof of the experience must be enclosed.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH-7: COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE

[Present and justify here any modifications or improvement to the Terms of Reference you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary, or adding another, or proposing a different phasing of the activities). Such suggestions should be concise and to the point, and incorporated in your Proposal.]

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH-8: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT

[Technical approach, methodology and work plan are key components of the Technical Proposal. Applicants are suggested to present their Technical Proposal divided into the following three chapters: a) Technical Approach and Methodology, b) Work Plan, and c) Organization and Staffing, a) Technical Approach and Methodology. In this chapter the Applicant should explain its understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Applicant should highlight the problems being addressed and their importance, and explain the technical approach it would adopt to address them. The Applicant should also explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with the proposed approach. b) Work Plan. In this chapter you should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the Terms of Reference and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. The work plan should be consistent with the Work Schedule of Form TECH-12. c) Organization and Staffing. In this chapter the Applicant should propose the structure and composition of its team.]

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH – 9 TEAM COMPOSITION AND TASK ASSIGNMENTS

Professional Staff

Name of staff Firm Area of Expertise Position Assigned Task Assigned

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH-10 CURRICULUM VITAE (CV) FOR PROPOSED KEY PERSONNEL

1. Proposed Position [only one candidate shall be nominated for each position. For Resident Engineer only, the name of the project of the specific road section / civil works package is required to be mentioned]:______

2. Name of Firm:[insert name of firm proposing the staff]:______

3. Name of staff [Insert full name]:______

4. Date of Birth ______Nationality______

5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]:______

6. Membership of Professional Associations:______

7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]: ______

8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: ______

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]: ______

10. Employment Record [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]:

From [Year]:_____ To [Year]______

Employer:______

Positions held:______

11. Detailed Tasks 12. Work Undertaken that Best Illustrates Assigned Capability to Handle the Tasks Assigned

[List all tasks to be [Among the assignments in which the staff has been Performed under involved, indicate the following information for those This assignment] assignments that best illustrate staff capability to handle the tasks listed under point 11.]

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Name of assignment or project: ______

Year: ______

Location: ______

Client: ______

Main project features: ______

Positions held: ______

Activities performed ______

13. Undertaking:

Undertaking from the professional: I, …………………. (Name and INFRACON registered e-mail ID) have not left any assignment with the consultants engaged by Client viz. MoRT&H /NHAI/NHIDCL/ IAHE/BRO/State PWD for any continuing works of ______without completing my assignment. I will be available for the entire duration of the current project (name of project). If I leave this assignment in the middle of the completion of the work, I may be debarred for an appropriate period to be decided by Client. I have also no objection if my services are extended by Client for this work in future. I, the undersigned, certify that to the best of my knowledge and belief, my bio data, information and credentials provided herein and also uploaded through INFRACON portal describes myself, my qualification and my experience. I am liable for any action, as deemed fit, in case there is any mis-representation in this regard. Signature of the Key Personnel______Position under the assignment______Place:______Date:______Undertaking from the Consulting Firm: The undersigned on behalf of ………………. (name of consulting firm) certify that Shri………………………(name of the proposed personnel and INFRACON registered e-mail ID) to the best of our knowledge has not left his assignment with any other consulting firm engaged by Client viz. MoRT&H /NHAI/NHIDCL / IAHE/BRO/ State PWD for the ongoing projects. We understand that if the information about leaving the past assignment with _____ without completing his assignment is known to Client, the Client would be at liberty to remove the personnel from the present assignment and debar him for an appropriate period to be decided by Client. We also confirm the truthfulness of the credentials uploaded by the Key Personnel on INFRACON.

Signature of Authorised Representative of the Consultant______Place:______Date:______

Govt. of West Bengal Public Works (Roads) Directorate Project Implementation Unit - I

FORM TECH-11 STAFFING SCHEDULE (FOR CONSULTANCY PACKAGE) Sl. Name of Position Staff input (in of a bar chart) Total staff staff month No. Staff month input

1 2 3 4 5 6 7 8 9 10 11 12 N 1. Team Leader cum 24+3=27 Highway Engineer-I

2. Material Engineer-I 24+3=27

4. Quantity cum Contract (24+3)=27 Engineer- 1 5. Resident Engineer-15** (18+3)+(18 +3)+(18+3) +(24+3)+ (15+3)+(15 +3)+(18+3) +(18+3)+(1 2+3)+(15+3 )+(15+3)+( 24+3)+(18+ 3)+(24+3)+ (24+3)=321 6. Junior Highway (18+3)+(18 Engineer-15** +3)+(18+3) +(24+3)+ (15+3)+(15 +3)+(18+3) +(18+3)+(1 2+3)+(15+3 )+(15+3)+( 24+3)+(18+ 3)+(24+3)+ (24+3)=321 7. Quantity Surveyors - (18+3)+(18 15** +3)+(18+3) +(24+3)+ (15+3)+(15 +3)+(18+3) +(18+3)+(1 2+3)+(15+3 )+(15+3)+( 24+3)+(18+ 3)+(24+3)+ (24+3)=321

8. Jr. Bridge Engineer- 5x(24+3)=1 5Nos 35 9. Lab-in-Charge-15** 321

10. Auto CAD Operator-5 5x(24+3)=1 35

Total 1635

Note : (*) Period from commencement of the first civil works package (s) to completion of the last civil works package (s) = 24 months. (**) No. of civil works packages =15 (1 person for each civil works package) (***) Arithmetic sum of duration of civil works of all the civil works packages=18+18+18+24+15+15+18+18+12+15+15+24+18+24+24==276 months.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM TECH-12 WORK SCHEDULE (Applicant is required to submit separate sheet for each road package)

Sl. No. Activity1 Months2 1 2 3 4 5 6 7 8 9 10 11 12 n 1 2 3 4 5

1 Indicate all main activities of the assignment, including delivery of reports, and other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase. 2 Duration of activities shall be indicated in the form of a bar chart.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

SECTION 4. FINANCIAL PROPOSAL STANDARD FORMS

FIN-1 Financial Proposal submission form

FIN-2 Summary of costs

FIN-3 Breakdown of costs by activity

FIN-4 Breakdown of remuneration

FIN-5 Reimbursable expenses

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FORM FIN-1 FINANCIAL PROPOSAL SUBMISSION FORM

(Location, Date)

FROM (Name of Firm) To: (name and address of Client) ______

Ladies / Gentlemen

Subject: “Consultancy services for“Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections.

We, the undersigned offer to provide the consulting services for the above in accordance with your Request for Proposal dated [date], and our Proposal (technical and Financial Proposals). Our attached financial proposal is for the sum, of [Amount in words and figures1] for the Consultancy package Our financial proposal shall be binding upon us subject to the modifications resulting from contract negotiations, up to expiration of the validity period of the Proposal, i.e. [Date]

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 commissions or gratuities have been 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,

Authorised Signature [in full and initials]______Name and title of Signatory:______Name of Firm: ______Address: ______

1 Amounts must coincide with the ones indicated under total cost of financial proposal in form FIN-2

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FIN-2 SUMMARY OF COSTS

(Applicant is required to submit separate sheet for each consultancy package, for which he/she intends to apply)

Sl. Cost component Costs (INR) No. 1 Remuneration including per diem 2 Reimbursable expenses 3 Total Cost net of GST [Sl. No. (1) + Sl. No. (2)] 4 GST @ 18%* on Sl. No. 3 5 Total Cost including GST [Sl. No. (3) + Sl. No. (4)]

Note: (*) Prevailing GST rates for Engineering Services for Transportation projects

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FIN-3: BREAKDOWN OF COSTS BY ACTIVITY

Sl. Description Amount (INR) No. 1 Remuneration including per diem for professional staff

2 Remuneration including per diem for supporting staff

3 Sub-total for remuneration including per diem (1+2)

4 Transportation

5 Office rent

6 Office supplies, utilities and communication

7 Office furniture and equipment

8 Cost of licensed software

9 Reports and document printing

10 Sub-total for reimbursable expenses (4+5+6+7+8+9)

11 Total cost net of GST (3+10)

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FIN-4 BREAKDOWN OF REMUNERATION INCLUDING PER DIEM (FOR ALL ROAD PROJECT PACKAGE)

No. Position Name Rate SM Amount Key Personnel Staff

1. Team Leader cum Highway 24+3=27 Engineer – 1 2. Material Engineer – 1 24+3=27 3 Quantity cum Contract Engineer - 1 24+3=27

4 Resident Engineer -1 (Amtala- 18+3=21 Baruipur Road 5 Resident Engineer -2 (Auliapur- 18+3=21 Uttarbhag-Dhosa Road and Uttarbad to Mandir Ghat Road) 6 Resident Engineer -3 (Fatepur-Falta 18+3=21 Road ) 7 Resident Engineer – 4 24+3=27 (Purbabishnupur- Lakshmikantapur-Kulpi Road) 8 Resident Engineer – 5 (Jamtala- 18+3=21 Kishorimonpur Road and Joynagar- Jalaberia-Kultali Road)) 9 Resident Engineer – 6 18+3=21 (Jibanmondalhat -Sonatikerihat Road) Resident Engineer – 7(Kakdwip- Patharpratima Road and Mayagoalini-Kamalpur Road at 10 Sagar Island) 15+3=18 Resident Engineer – 8 (Sikharpur- 11 Kulti Cannal Road) 15+3=18 Resident Engineer – 9 (Kolkata- Basanti Highway (Sh-3a), 12 Basanti-Godkhali Road) 24+3=27 Resident Engineer – 10 (Amta Bridge approach Road, Betai Narit Road, Amta Jhikira 13 Road.) 18+3=21 Resident Engineer – 11 (Bagnan Sricole Kamalpur Road and 14 (Bagnan-Amta Road)) 24+3=27

Sub total 324 Key Sub-professional Staff

1. Junior Highway Engineer - 15 18+18+18+ 68

24+15+15+ 18+18+12+ 15+15+24+ 18+24+24= 276 18+18+18+ 24+15+15+ 18+18+12+1 5+15+24+18 2. Quantity Surveyors – 15 +24+24=276

18+18+18+2 4+15+15+18 +18+12+15+ 15+24+18+2 3. Junior Bridge Engineers - 5 4+24=276 18+18+18+2 4+15+15+18 +18+12+15+ 15+24+18+2 4. Lab-in-Charge – 15 4+24=276 5. AutoCAD Operator – 5 12+18+15= 45 Sub – total 1149

Total 1473

SM = STAFF MONTH

Support Staff: No. Position Name Rate SM Amount

1. Office Manager / Secretary – 5* (24X5) + 3x5 = 135

2. Office Boy – 5* (24X5) + 3x5 = 135

3. Night Watchman – 5* (24X5) + 3x5 = 135 4. Secretary for Team Leader - 1 24+3 = 27

Total 432

(*) Number of field offices under the supervision consultancy package = 5 (1person for each field office)

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

FIN-5: REIMBURSABLE EXPENSES (FOR CONSULTANCY PACKAGE ) Sl. Description Unit Quantity Unit Amount No. cost

Transportation

1 Nox27+1No x24+1No 1 Veh- x276+1 No x243= 570 Vehicles for month veh-month Consultant’s Personnel 2 Vehicle for Client Veh- 2 nos. x 24 months = 48 veh- month month Sub-total for 618 veh-month Transportation Office rent

{(18+18+15+24+24) + 1 Rental and Sq.m- 3x5 = 114 office maintenance of month month x 175 sq.m} = 19950 office space sq.m-month Office Supplies, Utilities and communication (Reimbursable) 1 Office supplies Office- 135 month 2 Drafting Supplies Office- 135 month Computer Running costs and software compatible with that Office- 3 of civil work. month 135

4 Communication Office- 135 Facilities with month telephone, fax, internet, etc. Sub-total of Office Supplies, Utilities and communication

Office Furniture and Equipment (Rental) 1 Office- Office furniture* month 135 2 Office equipment** Office month 135

Cost of licensed software LS like AutoCAD, Primavera, etc*** Total =

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

* Office furniture rental shall comprise to run the Consultant’s office items like desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa set etc. should be adequate to the requirement for both the Consultant’s personnel and the Client’s personnel. The exact requirements of the furniture will be determined during negotiations.

** Office equipments rental shall comprise to run the Consultant’s office items includes plotter, laser printer, photo copy machine, external CD writer, lap top, camera, SLR, generator, refrigerator etc. should be adequate to the requirement for both the Consultant’s personnel and the Client’s personnel. The exact requirements of equipments will be determined during negotiations.

***The amount shall consist of cost for licensed software like AutoCAD, Primavera etc. The Applicants have to quote the ceiling amount of this reimbursable item.

Reports and Document Printing

No. Description No. of Rate Amount (INR) volumes (Amount per volume) Monthly Progress Report. (Each volume contains report of 15 1. number projects). 120

2. Quarterly Progress 30 Report. (Each volume contains report of 15 number projects).

3. Final Completion Report with 15 CD (Each volume contains report of each project) Supervision Manual (Each volume contains report each 4. project) 15

O & M Manual (Each volume 5. contains report of each project) 15

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

SECTION 5

TERMS OF REFERENCE (TOR)

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

“Construction Supervision for Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections.” (the “Assignment”):

Administrative District Division Road Section/Civil Works Zone Package Southern Circle, South 24- South 24-Parganas Division, i.Amtala-Baruipur Road- PWD. Parganas P.W.Dte. Chainage from 1.552 Km to 17.084 Km-Widening & Strengthening work under South 24-Parganas Division, PWD, in the district of South 24-Parganas during year 2018- 19. ii.Widening & Strengthening of Auliapur-Uttarbag-Dhosa Road (0.00 Kmp to 25.000 Kmp) under South 24-Parganas Division, PWD, in the district of South 24-Parganas during year 2017-18.

Diamond Harbour Division, PWD iii.Widening & Strengthening of Fatepur-Falta Road from 0.00 Kmp to 14.776 Kmp under Diamond Harbour Division , in the district of South 24-Parganas during year 2017-18. iv.Widening & Strengthening of Purbabishnupur- Lakshmikantapur-Kulpi Road from Chainage 0.00 Kmp to 16.60 Kmp under Diamond Harbour Division in the district of South 24-Parganas during year 2018-19. v.Uttarbad to Mandir Ghat Road from 0.00 Kmp to 16.10 Kmp- Widening & Strengthening work under Diamond Harbour Division, PWD, in the district of South 24-Parganas during year 2017- 18.

Administrative District Division Road Section/Civil Works Zone Package Southern Highway South 24- Diamond Harbour Highway vi.Widening & Strengthening Circle, Parganas Division, P.W. (Roads) Directorate of Jamtala-Kishorimohanpur P.W. (Roads) Road from 0.00 Kmp to 31.95 Directorate Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. vii.Widening & Strengthening of Jibanmondalhat - Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24- Parganas. viii..Widening & Strengthening of Joynagar-Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. ix..Widening & Strengthening of Kakdwip-Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24- Parganas. x.Widening & Strengthening of Mayagoalini-Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)-XXIV in the district of South 24-Parganas during Financial Year 2018-19. Southern Highway South 24- South 24-Parganas Highway xi.Sikharpur-Kulti Cannal Circle, Parganas Division, , P.W. (Roads) Directorate Road, from 3.500 Kmp to P.W. (Roads) 12.550 Kmp, in the district of Directorate South 24-Parganas, for Widening & Strengthening works under South 24- Parganas Highway Division. xii.Kolkata-Basanti Highway (SH-3A), from 68.000 Kmp to 86.000 Kmp and Basanti- Godkhali Road from 0.000 Kmp to 10.750 Km, for 74

Widening & Strengthening works under South 24- Parganas Highway Division in the district of South 24- Parganas.

Southern Highway Howrah Howrah Highway Division, xiii.Amta Bridge approach Circle, P.W. (Roads) Directorate Road from 3.277 Km to 5.36 P.W. (Roads) Km, Betai Narit Road from Directorate 0.00 Km to 0.232 Km, Amta Jhikira Road from 0.00 Kmp to 10.70 Kmp. Widening & Strengthening under Howrah Highway Division in the district of Howrah. xiv.Bagnan Sricole Kamalpur Road from 0.00 Kmp to 20.60 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah. xv.Bagnan-Amta Road from 0.00 Kmp to 13.40 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah.

1. BACKGROUND

1.1. Public Works Department, Govt. of West Bengal (the “Client”) shall be the executive agency for the work for Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections under West Bengal Compensatory Entry Tax Fund and domestic fund and contractors shall be selected on the basis of Item Rate Tender in accordance with West Bengal Form No. 2911/2911(i)/2911(ii) and Special Terms and Conditions of Contract, if any thereof. The civil works will be supervised by the Consultant on behalf of the Client. The Client intends to engage supervision consultant for the Assignment. The Project comprises of up- gradation and construction of 2-lane/3-lane/4-lane carriageways with / without paved shoulders with rigid/flexible pavement, construction / rehabilitation / widening of bridges and culverts, construction of high embankment/elevated structures, etc. along the existing highways including realignment and intersection improvements in the said corridor. The road section falls in flat terrain. 1.2. The proposed construction technology involves use of latest machinery and equipment and it is expected from the Consultant to engage/deploy experts and Personnel which have proven experience of handling such construction works.

2. WORKS

2.1 The Item Rate contract works will be procured in packages division-wise as shown below:

Sl. Road Section/ Apprx. Main features cost Concern Concerned Consultan Constructi Tentative No. Civil Works Length civil Division Circle cy Charge on period date of package (Km.) works (Rs. In (months) Commence (Rs. in Crore) ment Crore) i Amtala- 15.532 Widening & 59.01 1.75 18 Baruipur Road Strengthening ii Auliapur- 25.00 Widening & 47.91 South 1.42 18 Uttarbhag- Strengthening 24-

Dhosa Road Parganas

Division, P.W. Dte iii Fatepur-Falta 14.776 Widening & 44.61 1.32 18 Road Strengthening Southern Circle PWD iv Purbabihnupur- 16.60 Widening & 72.33 Diamond 24 Lakshmikantapu Strengthening Harbour 2.14 r-Kulpi Road Division, v Uttarbad to 16.10 Widening & 30.41 P.W. Dte. 0.90 15 Mandir Ghat Strengthening Road vi Jamtala- 31.95 Widening & 35.00 1.05 15 Kishorimonpur Strengthening Southern Road Highway vii Jibanmondalhat 23.40 Widening & 58.00 Circle, 1.74 18 P.W.(Road -Sonatikerihat Strengthening s) Road Directorate. viii Joynagar- 12.40 Widening & 60.00 1.8 18 Jalaberia-Kultali Strengthening Road ix Kakdwip- 12.30 Widening & 30.00 Diamond 12 Patharpratima Strengthening Harbour 0.9 Road Highway x Mayagoalini- 9.35 Widening & 29.00 Division, 0.87 15 Kamalpur Road Strengthening P.W. at Sagar Island (Roads) Directora te xi Sikharpur-Kulti 9.05 Widening & 40.00 1.2 15 Cannal Road Strengthening xii Kolkata-Basanti 28.75 Widening & 176 South 5.28 24 Highway (Sh- Strengthening 24- 3a), Parganas Basanti- Highway

Godkhali Road Division,

P.W.

(Roads) Directora te xiii Amta Bridge 13.015 Widening & 50 1.5 18 approach Road, Strengthening Betai Narit Road, Amta Jhikira Howrah Road. Highway xiv Bagnan Sricole 15.532 Widening & 65 Division, 1.95 24 Kamalpur Road Strengthening P.W. xv Bagnan-Amta 25.00 Widening & 40 (Roads) 1.2 24 Road Strengthening Directora te Total Amount = 837.27 25.02

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

2.2 Broadly speaking, the works would consist of the following activities, in addition to the details of construction of pavement etc. as mentioned above.

I. Embankment, sub grade, Sub base, base, concrete pavement and/or bituminous pavement. II. Strengthening / Strengthening and Widening along the existing roads to 2–lane / 3-lane / 4-lane / 6-lane carriageway with / without paved shoulders configurations. III. Soil Reinforced Structures. IV. Traffic safety features; V. Road signs and road markings; VI. Construction of bridges (RCC/Steel) and other Cross drainage structures; VII. Maintenance of existing stretches during construction period. VIII. Environmental mitigation measures etc. IX. Ensuring smooth and safe flow of existing traffic during construction

3. PROPOSED CONSULTANCY ARRANGEMENT

3.1 All the above mentioned civil construction packages to be covered under the Assignment of respective Consultancy package.

3.2 Under the proposed arrangement the Consultant will be required to create field offices. All the offices are to be located at the site of the Project in consultation with the Client. A set of experts along with the Field Engineers will be deployed separately for each of the construction package, to carry out the day to day supervision of works as well as quality control testing etc. as brought out in the Chart placed subsequently.

Organization Chart

(To be proposed by Consultant)

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

4. OBJECTIVES

The objectives of the Consultants’ services are:

(i) To ensure that high quality construction is achieved and to ensure that all works are carried out in full compliance with the engineering design, technical specifications and other contract documents within the stipulated time period;

5. CONTRACT MANAGEMENT FRAMEWORK

A Contract Management Framework (CMF) will govern the execution of the works for construction of the Project by providing Consultancy Services. The main features of CMF are described below:

(i) The Client shall administer the contracts for the Consultancy services for construction supervision of the Project. The Superintending Engineer of Southern Highway Circle will act as Client’s Representative and the Executive Engineer of the following Division will act as Drawing and Disbursing Officer on behalf of Client to make payment to the Supervision Consultant for the consultancy package:

Client’s Representative Drawing and Disbursing Officer on behalf of Client to make payment to Supervision Consultant

 For road section (i) to (ii)— Executive Engineer, South 24-Parganas Superintending Engineer, Division, Public Works Directorate. Southern Circle, (ii) T P.W Directorate  For road section (iii) to (v)— T Executive Engineer, Diamond Harbour h Division, Public Works Directorate. eSuperintending Engineer,  For road section (vi) to (x)— Southern Highway Circle, Executive Engineer, Diamond Harbour EP.W(Roads) Directorate Highway Division,P.W. (Roads) Dte. x e c  For road section (xi) to (xii)— u Executive Engineer, South 24-Parganas t Highway Division,P.W. (Roads) Dte. i v  For road section (xiii) to (xiv)— e Executive Engineer, Howrah Highway Division,P.W. (Roads) Dte. E Engineer of the concerned project as mentioned in the list of work , Terms of Reference will be the overall in-charge of the civil works packages. He will with other supporting staff including Accounts people at the Division office. The Division office will interact with both the Supervision Consultant and Contractor and shall be reporting to the Superintending Engineer at the Circle office.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(iii) 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.

(iv) The Consultant shall assist the Client in all matters pertaining to contract management, as required.

(v) 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 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 Client shall employ the qualified Consultant meeting the eligibility criteria by selecting a consultant, to undertake supervision and contract management of the proposed construction of the Project. The Consultant so selected shall nominate a person to be the “Engineer’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 ‘Engineer’s Representative’.

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 Annex-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 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 Annex –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.

6.6 There are certain positions of Key Personnel like Team Leader cum Highway Engineer, Material Engineer, Quantity cum Contract Engineer, Resident Engineer and Road Safety Auditor 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.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

7. DUTIES AND RESPONSIBILITIES OF THE ENGINEER

7.1 The Engineer as such is the Consultant engaged by the Client. The Consultant is, however, required to appoint a Team Leader to act as the “Engineer’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 ‘Engineer’ will be to review and approval of drawings, issue of ‘Good for Construction’ drawings, properly supervise the works, approve the materials and workmanship of the works in cooperation and in consultation with the Client, administering the Contract, certifying payments due to the Contractor, issuing and in valuing Variations to the Contract, in awarding extensions of time, valuing the Compensation Events and Road Safety Audit during construction stage for the road sections under the Supervision consultancy package and during DPR stage for pipeline projects and/or for existing roads under PWD other than the road sections mentioned in the supervision consultancy package, which, as and when required by the Client and will be notified to the Consultant. The Engineer 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 ‘Engineer’ shall have no authority to relieve the contractors of any of their duties or obligations under the contracts or to impose additional obligations not included in the contracts. The duties of the Engineer will also include issue of decisions, certificates and orders as specified in details in the CCD.

7.2.1 Principal responsibilities of the Engineer shall be to carry out all the duties of the Engineer 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 Engineer are;

(i) Review of all the drawings prepared by the DPR Consultants and / or Public Works (Roads) Department;

(ii) To approve the Contractor’s key superintendent personnel, construction mobilization programs, 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;

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(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, 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 calculations 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 works of the Project (the “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 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;

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(xv) 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)To inspect the Works, during the construction period and at proper interval during the Defects Liability Period and to issue Defects Liability Certificates after the rectification, by the Contractor, of possible defects and issue final payment certificates;

(xviii) 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 Payments 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 Contractor to take all necessary steps to maintain the rate of progress of works as per 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(s);

(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;

(xxvii) Update cost estimate each year or at quarterly completion (25 percent, 50 percent, 75 percent and 100 percent) of the Project whichever takes place early; and

(xxviii) Maintain records of all plant, labour and material used in the construction of the Works;

7.2.2 The other responsibilities of the Engineer will be to carry out all such duties which are essential for effective implementation of the Project but not limited to the following:

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(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);

(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 monthly 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;

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

(xiv) Advise and assist the Client for appropriate action in case of termination of CCD, assessment of valuation of unpaid works and termination payments;

(xv) In case of termination of CCD, the Consultant may require to prepare estimates and bid documents for balance Works. In situation where it is felt essential to make some changes in the design/drawings, the Consultant 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;

(xviii) 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 Engineer will be required to obtain the specific approval of the Client in the matters as specified in CCD.

8.2 The Engineer will seek prior permission of the Client before taking any of the following actions;

(i) Consenting to the subcontracting of any 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;

(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 any change in Technical Specification of any item of work including 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.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

9. INTERIM AND FINAL PAYMENTS

The Consultant will process interim and final payments to the contractor. Interim monthly payments shall be based on interim payment certificates processed by the Consultant following claims filed by the Contractor. The Engineer/Engineer’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 Engineer’s Quantity Surveyors or any senior Technical staff. 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 of the construction package, in the presence of Executive Engineer or any of his representative.

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 Clint, 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 Engineer or by other specialists, pertaining to the works contract supervised by the Consultant as may be agreed upon;

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 1) Monthly Progress Every month by 5th of the 8 hard & 1 soft Reports following month 2) Quarterly Progress Every Quarter by 20th day 8 hard & 1 soft Reports of April, July, October and January (may be changed as per commencement of work) 3) Final Completion Once on completion of 15 hard & 2 soft Report with CD contract packages

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

11.2 MONTHLY REPORTS

The Engineer will, no later than 5th of each month, prepare a brief progress report summarizing the work accomplished by the supervision team for the preceding month. The report will outline any problems encountered (administrative, 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 recommending 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-à-vis the Contractor’s Works programme.

11.3 QUARTERLY PROGRESS REPORTS

The Engineer will prepare a comprehensive report summarizing all activities under the Services at the end of each quarter, and also at other times when considered warranted by either the Engineer 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 Engineer (ii) the progress of the Contracts (iii) all contract variations and change orders (iv) the status of Contractor’s claims, if any; etc. and will include brief descriptions of the technical and contractual 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 ongoing CCD.

11.4 FINAL COMPLETION REPORTS

The Engineer 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 Engineer shall summarize and consolidate in a single report the key information to prepare the final Completion Report for the entire construction package.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

11.5 The Consultant shall also prepare and submit the following reports (hard & soft copies) from time to time to the client.

Sl. Description Frequency No. of Copies No. 5 hard copies and 1 1 Supervision Once immediately after Soft copy. Manual commencement of services 2 O & M Manual Once after completion of 5 hard copies and 1 contract packages soft copy

12. EXPECTED INPUTS

TABLE 4 KEY PERSONNEL – for Supervision consultancy package (Comprising of 15 (Fifteen) civil works Road Project under the consultancy package)

Position INPUT Remarks Team Leader cum No. 1 Common for all civil works Highway Engineer packages Material Engineer No. 1 Common for all civil works packages Quantity cum Contract No. 1 Common for all civil works Engineer packages Resident Engineers No. 11 South 24 Parganas Division, PWD - 2 nos, Diamond Harbour Division , PWD- 2 nos, Diamond Harbour Hwy Division- 3 Nos, South 24 Parganas Hwy Division- 2 Nos, Howrah Highway Division-2 Nos. Total No. 14

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle Table 5 KEY SUB-PROFESSIONAL STAFF for Supervision Consultancy package for road project.

Position INPUT for road project Remarks

I Junior Highway No. 15 One for each civil works Engineer package Quantity No. 15 One for each civil works Surveyors package Junior Bridge No. 5 Engineer Lab-in-Charge No. 15 One for each civil works package AutoCAD No. 5 Common for all civil works Operator packages in an office

Table 6 SUPPORT STAFF for Supervision Contract package (comprising of 5 field offices for road project ): Position INPUT for road project Remarks

I Office Manager No. 5 One for each office. Office Boy No. 5 One for each office. Night Watchman No 5 One for each office TOTAL No 15

13.3 Consultants are required to furnish CVs of Team Leader cum Highway Engineer, Material Engineer, Quantity cum Contract Engineer, and Resident Engineers, which will be evaluated. During furnishing the CV of each of the Resident Engineers, the Applicant is required to mention the specific civil works package for which that particular Resident Engineer is proposed.

The Key Personnel shall include:

1. Team Leader cum Highway Engineer 2. Material Engineer 3. Quantity cum Contract Engineer 4. Resident Engineers

Key Sub Professionals (CVs of these staff are not required to be submitted but only the number and man-months of such staff need to be indicated in the technical proposal.)

5. Junior Highway Engineers 6. Quantity Surveyors 7. Junior Bridge Engineers 8. Lab-in-Charge 9. AutoCAD Operators

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

14. STAFFING SCHEDULE

14.1 The implementation period will consist of a construction period pursuant to para 2.1 and a Period of 3 months for each contract package for preparation of final statement / bill. The Team Leader will assist the Client in management of CCD, besides finalizing the details/formats/schedules 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 contractors.

14.3 After award of the Contract the Client expects all of the proposed Key Personnel to be available during implementation of the Contract as per the agreed staffing schedule. The 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 reasonable overlap of at least one month between the staff to be replaced and replacement, at the cost of the Consultant.

14.4 The client may ask for mobilization or demobilization of some Key Professional with one-month prior notice as per requirement and progress of Works.

15. DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT

15.1THE SHORTLISTED CONSULTANTS ARE REQUIRED TO QUOTE THEIR RATES ON MONTHLY BASIS FOR PROVIDING THE FOLLOWING FOR THEIR OWN USE:

15.1.1 All offices shall be on monthly hire basis (indicating the rate per sq. m) and computing at the cost for (no. of offices) x175 sq.m. All the offices shall be situated at site of the Project. A portion of one of the field offices shall be used as Team Leader’s office. A portion of the area for all the field offices would be maintained for Client’s officials with due consultations with Client’s officials during implementation. The exact requirements of the area will be determined during negotiations.

15.1.2 Hatchback type car 1 no. for each of civil works contract packages, 1 no. for the Team Leader, 1 no. for each Resident Engineer and 1 no. for the other key personnel on hire basis.

15.1.3 Consultant may be required to provide hatchback type car 2 nos. for Client’s officials.

15.1.4 Computers 3 nos for Consultant’s personnel and 1 no. for the Client with minimum configuration as Intel Core i5, 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.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 provide to the Shortlisted Consultants the copies of all the Project reports including design and drawings and relevant databases collected by the design consultants.

16. DEFICIENCIES OF SERVICES

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  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

Consultant shall be required to submit acceptable Bank Guarantee for an amount equal to 2.00% of the accepted supervision consultancy cost towards Performance Security within 14 (fourteen) days of award of the Contract. The validity of the Bank Guarantee (s) shall cover entire duration of consultancy period plus 36 months. The Bank Guarantee (s) shall be released after satisfactory completion of the Assignment. For the avoidance of doubt, the submission of Performance Security shall be a condition precedent for signing of the Contract and non-submission of the same by the Consultant shall result in withdrawal of the award of the Contract and forfeiture of the Bid Security.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

18. PROPOSAL SUBMISSION:

18.1 The TOR is prepared to address the Assignment in a general way. The Consultants are advised to understand fully the specific requirements of the Assignment. The Consultants are also advised to inspect the site of the Project and acquaint themselves with the ground realities.

18.2 The submission of Proposals by the Consultants should be focused to the Project requirements as per the TOR details. The methodology to be submitted should address to the Project stretch requirements. All specific issues for which references have been made in the various paras of this TOR should be addressed effectively. General nature descriptions should be avoided.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Annex-I

BROAD QUALIFICATION REQUIREMENTS OF KEY PERSONNEL

Broad qualifications and experience of the Key Personnel and sub-professionals given below are Clients' perception in respect of the specific requirement of the Project. Consultants are advised to prepare the CVs of their proposed Key Personnel specifically highlighting the qualification and experience in the related area of expertise as per requirements. The CVs should also highlight higher education, training and publication of technical papers etc., by the Key Personnel in the related field. 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, type of contract document used etc. Broadly speaking, qualification and experience higher than the minimum requirement will be given higher weightage. Similarly, the Key Personnel's experience in services related to construction supervision will be given more weightage. The age limit of Key Professionals and sub-professionals would be 70 years on the date of receipt of proposals.

KEY PERSONNEL

1. The Team Leader cum Highway Engineer (Full Time)

Duties: The Team Leader shall reside at the site of the Project on a full time basis throughout the period of the Assignment. 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 appointed 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 construction package. He will interact with the Executive Engineer, Superintending Engineer and the Client.

Qualifications and Experience: He will be a Civil engineering graduate. He should be well versed in managing the highway contracts of the size comparable to the proposed Project. As the proposed Project involves construction of flexible / rigid pavement, it will be desirable that this expert has handled highway projects having both flexible and rigid pavements. He should have experience in supervision of highway projects in the capacity of Project Manager / Resident Engineer / Team Leader. He should have about 20 years of professional experience of handling highway contracts, out of which he should have worked as Resident Engineer/Project Manager or equivalent for minimum 10 years on supervision/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 English. 2. Material Engineer (Full time)

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 are 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 15 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.

3. Quantity cum Contract Engineers (Full time)

Duties: His key responsibilities will be to guide and assist Team Leader/Resident Engineers/Client in all aspects of contract management in proper implementation of FIDIC contract provisions including controlling the cost of construction of the Project. He will also be required to offer his advice on contractual complications arising during the implementation as per the request of the Client. He will be required to prepare manuals/schedules for the Consultant/Client based on the provisions of the CCD. He will be responsible for giving appropriate suggestions in handling claims of the Contractor and any dispute arising thereof. Qualifications and Experience: He will be a civil engineering graduate with qualifications and experience in the field of contract management, Law, MIS, etc. 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 as a Contract Specialist in respect of large size/complex road/bridge/expressway projects. He should have handled management of a large highway contract say over Rs 150 crore, on ICB/NCB norms, including experience of handling variation orders to contracts, claims of contractors and their appropriate disposal. He should have also handled arbitration cases in respect of any project involving use of FIDIC document. He should be capable to communicate in English

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

4. Resident Engineers (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 construction process i.e. various activities like earthwork, sub-base/base courses, bituminous pavement, bridge/culvert works proposed for being carried out under stipulated specifications/manuals etc. He shall coordinate with other Key Personnel and Sub-professional staff to ensure that the construction process is well controlled as per established specification controls to avoid later quality control stage problems. Qualification and Experience: He will be a civil engineering graduate with about 10 years of professional engineering experience, out of which at least 5 years experience as a Resident Engineer/Assistant Resident Engineer/Project Manager on similar construction works. He will be required to be fielded throughout the duration of the Project. The candidate is expected to be thoroughly familiar with various standards/specifications, contract procedures, design and quality control etc

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle Annex-2

KEY SUB-PROFESIONALS

7. 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 years of working experience / graduate in Civil Engineering with about 4 years of working experience. He should have worked as Highway Engineer for at least 3 years on any National/State Highway Projects. Experience in Flexible pavement construction for the candidate proposed would be required. 8. 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 National/State Highway Projects. 9. Junior Bridge Engineer (Full time):

Duties: His duties will involve 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 adequacy 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 modifications in design of bridges/culverts, wherever required during execution. Qualifications & Experience: He should be a diploma in Civil Engineering with about 8 years of working experience / graduate in Civil Engineering with about 4 years of working experience. He should be conversant with construction supervision of ROBs / bridges. He should have experience in welding, testing and fabrication of steel structures.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

10. Lab-in-Charge (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. Qualifications & Experience: He should be a diploma in Civil Engineering with about 8 years of working experience / graduate in Civil Engineering with about 4 years of working experience. He should be conversant with testing of materials in at least two major highway projects

11. AutoCAD Operator (Full time):

Duties: He shall be assisting the Team Leader and will be placed in the Consultant's main office. He is proposed to be deployed throughout the construction period to assist the Team Leader in discharging all his day to day functions. His main responsibilities include modification in drawings of highway and cross-drainage structures as required during the execution of works, besides discharging any other work assigned to him by the Team Leader. Qualification and Experience: He should be a diploma in Engineering or graduate in any discipline of Science with an Autodesk certification course. He should have 4 years experience and should have been involved earlier in at least two highway projects.

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

SECTION 6

FORM OF CONTRACT

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

CONTRACT FOR CONSULTANT’S SERVICES

Between

(Name of Client)

And

(Name of Consultant)

Dated:

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

CONTENTS

I. FORM OF CONTRACT ……………………………………..

II. GENERAL CONDITIONS OF CONTRACT ………………. 1. General Provisions ……………………………………….

a. Definitions b. Relation between the Parties c. Law Governing the Contract d. Language e. Headings f. Notices g. Location h. Authority of Member in charge i. Authorized Representatives j. Taxes and Duties

2. 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 ………………………………

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 ……………….

3. 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 Consultants Actions requiring Client’s prior Approval 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 3.11 Accuracy of Documents 3.12 Deficiency of Services 4. 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 Key Personnel 4.6 Resident Engineer……

5. Obligations of the Client ………………………………….

100

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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. Payments to the Consultants ……………………………. 6.1 Cost Estimates, Ceiling Amount ………………. 6.2 Remuneration and Reimbursable Expendituresc 6.3 Currency of Payment ………………………… 6.4 Mode of Billing and Payment ………………….

7. Fairness and Good

Faith ……………………………………. 7.1 Good Faith a) Operation of the Contract …………………… 7.2 Settlement of Dispute……… a) Amicable Settlement …………………………. b) Dispute Settlement …………………………….

III. SPECIAL CONDITIONS OF CONTRACT …………………… IV. Appendices V. Annexure...

101

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 in Local Currency ………..

Appendix H : Form of Performance Bank Guarantee

102

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

I. FORM OF CONTRACT

This CONTRACT for Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections”(hereinafter called the “Contract”) is executed on this ______day of the Month______of 2018 between ______(hereinafter Called the ”Client”) on one hand and* on the other hand, ______(hereinafter called the “Consultant”)

Administrative District Division Road Section/Civil Works Package Zone Southern Circle, South 24- South 24-Parganas Division, i.Amtala-Baruipur Road-Chainage PWD. Parganas P.W.Dte. from 1.552 Km to 17.084 Km- Widening & Strengthening work under South 24-Parganas Division, PWD, in the district of South 24- Parganas during year 2018-19. ii.Widening & Strengthening of Auliapur-Uttarbag-Dhosa Road (0.00 Kmp to 25.000 Kmp) under South 24-Parganas Division, PWD, in the district of South 24-Parganas during year 2017-18.

Diamond Harbour Division, iii.Widening & Strengthening of PWD Fatepur-Falta Road from 0.00 Kmp to 14.776 Kmp under Diamond Harbour Division , in the district of South 24-Parganas during year 2017-18. iv.Widening & Strengthening of Purbabishnupur- Lakshmikantapur- Kulpi Road from Chainage 0.00 Kmp to 16.60 Kmp under Diamond Harbour Division in the district of South 24-Parganas during year 2018-19. v.Uttarbad to Mandir Ghat Road from 0.00 Kmp to 16.10 Kmp- Widening & Strengthening work under Diamond Harbour Division, PWD, in the district of South 24- Parganas during year 2017-18.

Southern Highway South 24- Diamond Harbour Highway vi.Widening & Strengthening of Circle, Parganas Division, P.W. (Roads) Jamtala-Kishorimohanpur Road P.W. (Roads) Directorate from 0.00 Kmp to 31.95 Kmp under Directorate Lakhsmikantapur Highway Sub- Division of Diamond Harbour 103

Highway Division in the district of South 24-Parganas. vii.Widening & Strengthening of Jibanmondalhat -Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. viii..Widening & Strengthening of Joynagar-Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. ix..Widening & Strengthening of Kakdwip-Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. x.Widening & Strengthening of Mayagoalini-Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)-XXIV in the district of South 24-Parganas during Financial Year 2018-19. Southern Highway South 24- Diamond Harbour Highway vi.Widening & Strengthening of Circle, Parganas Division, P.W. (Roads) Jamtala-Kishorimohanpur Road P.W. (Roads) Directorate from 0.00 Kmp to 31.95 Kmp under Directorate Lakhsmikantapur Highway Sub- Division of Diamond Harbour Highway Division in the district of South 24-Parganas. vii.Widening & Strengthening of Jibanmondalhat -Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. viii..Widening & Strengthening of Joynagar-Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. ix..Widening & Strengthening of Kakdwip-Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division 104

in the district of South 24-Parganas. x.Widening & Strengthening of Mayagoalini-Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)-XXIV in the district of South 24-Parganas during Financial Year 2018-19. Southern Highway South 24- Diamond Harbour Highway vi.Widening & Strengthening of Circle, Parganas Division, P.W. (Roads) Jamtala-Kishorimohanpur Road P.W. (Roads) Directorate from 0.00 Kmp to 31.95 Kmp under Directorate Lakhsmikantapur Highway Sub- Division of Diamond Harbour Highway Division in the district of South 24-Parganas. vii.Widening & Strengthening of Jibanmondalhat -Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. viii..Widening & Strengthening of Joynagar-Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. ix..Widening & Strengthening of Kakdwip-Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. x.Widening & Strengthening of Mayagoalini-Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)-XXIV in the district of South 24-Parganas during Financial Year 2018-19. Southern Highway South 24- South 24-Parganas Highway xi.Sikharpur-Kulti Cannal Road, Circle, Parganas Division, , P.W. (Roads) from 3.500 Kmp to 12.550 Kmp, in P.W. (Roads) Directorate the district of South 24-Parganas, Directorate for Widening & Strengthening works under South 24-Parganas Highway Division. xii.Kolkata-Basanti Highway (SH-3A), from 68.000 Kmp to 86.000 Kmp and Basanti-Godkhali Road from 0.000 Kmp to 10.750 Km, for Widening & Strengthening works under South 24-Parganas Highway 105

Division in the district of South 24- Parganas.

Southern Highway Howrah Howrah Highway Division, xiii.Amta Bridge approach Road Circle, P.W. (Roads) Directorate from 3.277 Km to 5.36 Km, Betai P.W. (Roads) Narit Road from 0.00 Km to 0.232 Directorate Km, Amta Jhikira Road from 0.00 Kmp to 10.70 Kmp. Widening & Strengthening under Howrah Highway Division in the district of Howrah. xiv.Bagnan Sricole Kamalpur Road from 0.00 Kmp to 20.60 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah. xv.Bagnan-Amta Road from 0.00 Kmp to 13.40 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah.

[Note* : If the Consultants consist of more than one entity, the above should be partially amended to read as follows:

on the other hand, a joint venture consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Consultants obligations under this Contract……………………………… hereinafter called “Consultants”)]

WHEREAS

a) the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”); b) the Client has prescribed the technical and commercial terms and conditions, and invited Proposals (the “Request for Proposals” or “RFP”) from the shortlisted Consultants for undertaking the Services. c) the Consultant, having represented to the Client that they have the required professional skills, personnel, financial and technical resources, had submitted its proposal to provide the Services on the terms and conditions set forth in the RFP and this Contract; d) After evaluation of the Proposals received, the Client had accepted the Proposal of the Consultant and issued its Letter of Acceptance No. ______to the Consultant requiring, inter alia, submission of Performance Security in the format provided and subsequent execution of this Contract. e) The Client has accordingly agreed to enter into this Contract with the Consultant for execution of the Services, subject to and on the terms and conditions set forth hereinafter.

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: 106

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

1.1. The Request For Proposal document consisting of the following sections:

Section 1 - Letter of Invitation Section 2 - Information to Consultants (including Data Sheet) Section 3 - Technical Proposal - Standard Forms Section 4 - Financial Proposal - Standard Forms Section 5 - Terms of Reference Section 6 - Forms of Contract

1.2. The Letter of Acceptance

1.3. Notice to proceed with the works

1.4. Amendments, Corrigenda, Addenda to the Bidding Documents issued prior to the last date of submission of bid

1.5. Technical Proposal submitted by the Consultant (as per Standard Forms as per Section 3 of Request For Proposal)

1.6. Financial Proposal submitted by the Consultant (as per Standard Forms as per Section 4 of Request For Proposal)

1.7. Authorisation for signing of this Agreement, correspondences and Minutes of Meetings between the Client and the Consultant prior to issuance of Letter of Acceptance.

1.8. Securities and other Forms submitted by the Consultant under Section 6 of Request For Proposal

1.9. The following Appendices :

[Note: If any of these Appendices are not used, the words “Not Required” 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

Appendix D: Medical Certificate

Appendix E: Hours of Work for Key Personnel

Appendix F: Duties of the Client

107

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix G: Cost Estimates in Local Currency

Appendix H: Form of Guarantee for Performance security

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract; in particular

2.1. The Consultant shall carry out the Services in accordance with the provisions of the Contract; and

2.2. The Client shall make payments to the Consultant 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 on the day and year first above written.

FOR AND ON BEHALF OF [NAME OF THE CLIENT]

(Authorized Representative) FOR AND ON BEHALF OF [NAME OF THE CONSULTANT]

[Note: If the Consultant consist of more than one entity, all of these entities through their Authorised Representative should put their signatures in the following manner]

FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANT

[Name of the Member]

(Authorized Representative) [Name of the Member]

(Authorized Representative) etc.

108

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

II. GENERAL CONDITIONS OF CONTRACT

1. 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) “Engineer” or “Engineers’ Representative” shall have the meaning as ascribed in the Terms of Reference;

e) “GC” means these General Conditions of Contract;

f) “Government” means the Government of West Bengal;

g) {“Member”, in case the Consultant consist of a joint venture of more than one entity, means any of these entities and “Members” means all of these entities;}

h) “Party” means the Client or the Consultant, as the case may be, and Parties means both of them;

i) “Personnel” means persons hired by the Consultant or by any Sub- Consultant as Employees and assigned to the performance of the Services or any part thereof; and ”Key Personnel” means the personnel referred to in Clause GC 4.2 (a).

j) "SC" means the Special Conditions of Contract by which these General Conditions of Contract may be amended or supplemented;

k) "Services" means the work to be performed under the Contract, as described in Appendix A hereto;

l) "Sub-consultant" means any entity to which the Consultant subcontract any part of the Services in accordance with the provisions of Clause GC 3.7; and

m) "Third Party" means any person or entity other than the Government of West Bengal, the Client, the Consultant or a Sub-consultant.

109

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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, the Consultant and the Personnel. The Consultant, subject to this Contract, has 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 its 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 including all communications, documentation and proceedings relevant to this Contract.

1.5. Headings

The headings or sub-headings in this Contract are for convenience of reference only and shall not be used in, and shall not affect, the construction or interpretation 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, telex, or facsimile to such Party at the address 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 as the Client may approve.

110

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

1.8. Authority of Member in Charge

In case the Consultant is 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 Consultant may be taken or executed by the officials specified in the SC.

1.10. Taxes and Duties

Unless otherwise specified in the SC, the Consultant, Sub-consultants and Personnel shall pay such taxes, duties, fees and other impositions as may be levied under the Applicable Law.

2. 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 Consultant instructing the Consultant 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 Consultant shall begin carrying out the Services immediately after the Effective Date.

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.

111

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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. 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.

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

112

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

objective of carrying out the terms and conditions of this Contract.

2.7.3. Measures to be Taken

2.7.3.1. 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.

2.7.3.2. 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.

2.7.3.3. 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, is required to complete any action or task, such period shall be extended for a period equal to the time during which such Party was unable to perform such action or task as a result of Force Majeure.

2.7.5. Payments

During the period of its inability to perform the Services as a result of an event of Force Majeure, the Consultant shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred 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 Consultant, 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 Consultant, suspend all payments to the Consultant hereunder if the Consultant shall be in breach of this Agreement or shall fail to perform any of its obligations under this Contract, including the carrying out of the Services; provided that such notice of suspension (i) shall specify the nature of the breach or failure, and (ii) shall request the Consultant to remedy such breach or failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension.

113

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 Consultant (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 (g) of this Clause GC 2.9.1, terminate this Contract.

a) if the Consultant fails to remedy any breach hereof or any failure in the performance of its 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 Consultant become (or, if the Consultant consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with its 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 Consultant fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 7.2 (b) hereof;

d) if the Consultant submits to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultant knows to be false;

e) if, as the result of Force Majeure, the Consultant is 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.

114

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

"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 bidders (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the client of the benefits of free and open competition.

2.9.2. By the Consultant

The Consultant 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 (c) of this Clause GC 2.9.3, terminate this Contract:

a) 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 Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach;

b) if, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days; provided the Parties agree that an event of Force Majeure has occurred and subsisting on the day of the issuance of the notice; or

c) if the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 7.2 (b) 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:

2.9.3.1. such rights and obligations as may have accrued on the date of termination or expiration;

2.9.3.2. the obligation of confidentiality set forth in Clause GC 3.3 hereof;

2.9.3.3. the Consultant’s obligation to permit inspection, copying and auditing of its accounts and records set forth in Clause GC 3.6 (ii) hereof; and

2.9.3.4. any right which a Party may have under the Applicable Law

2.9.4. Cessation of Services

115

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 Consultant 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 Consultant and equipment and materials furnished by the Client, the Consultant 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 Consultant (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) in the case of termination except paragraphs (a) through (e) and (f) 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 Consultant’s Personnel and its eligible dependents.

3. Obligation of the Consultant

3.1. General

3.1.1. Standard of Performance

The Consultant shall perform the Services and carry out its 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 Consultant 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

116

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

The Consultant shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub- consultants, as well as the Personnel of the Consultant and any Sub- consultants, comply with the Applicable Law. The Client shall advise the Consultant in writing of relevant local customs and the Consultant shall, after such notifications, respect such customs.

3.2. Conflict of Interests

3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc.

The Remuneration of the Consultant pursuant to Clause GC 6 hereof shall constitute the Consultant’s sole remuneration in connection with this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the Consultant shall not accept for its 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 its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Sub- consultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2. If the Consultant, as part of the Services, have the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with any applicable procurement guidelines of the 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 Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

3.2.3. Consultant and Affiliates Not to engage in Certain Activities

The Consultant agree that, during the term of this Contract and after its termination, the Consultant and any Affiliate of the Consultant, as well as any Sub-consultant and any entity Affiliate of such Sub- consultant, 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 Consultant shall not engage, and shall cause its Personnel as well as its Sub-consultants 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

117

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

b) after the termination of this Contract, such other activities as may be specified in the SC.

3.3. 3.3 Confidentiality

The Consultant, its Sub-consultants, agents and the Personnel 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 Consultant

Subject to additional provisions, if any, set forth in the SC, the Consultant’s liability under this Contract shall be as provided by the Applicable Law.

3.5. Insurance to be Taken Out by the Consultant

The Consultant (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 Consultant (i) shall keep accurate and systematic accounts and records in respect of the Services, hereunder, in accordance with 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. Consultant’s Actions Requiring Client's Prior Approval

The Consultant shall obtain the Client's prior approval in writing before taking any of the following actions:

a) appointing such members of the Personnel as are listed in Appendix C ("Consultants' Key Personnel") merely by title but not by name;

118

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

b) 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 Consultant shall remain fully liable for the performance of the Services by the Sub- consultant and its Personnel pursuant to this Contract; and

c) any other action that may be specified in the SC

3.8. Reporting Obligations

The Consultant 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.

3.9. Documents Prepared by the Consultant to Be the Property of the Client

All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultant for the Client under this Contract shall become and remain the property of the Client, and the Consultant 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 Consultant 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.

3.10. Equipment and Materials Furnished by the Client

Equipment and materials purchased by the Consultant 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 Consultant 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 Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to its full replacement value.

3.11. Accuracy of Documents

the Consultant shall be responsible for accuracy of the data collected by it directly or procured from other agencies/authorities, the designs, drawings, estimates and all other details prepared by it as part of these services. Subject to the provisions of Clause 3.4, it shall indemnify the Client against any inaccuracy in its work which might surface during implementation of the Project, is such inaccuracy is the result of any negligence or inadequate due diligence on part of the Consultant or arises out of its failure to confirm to good industry practice. The Consultant shall also be responsible for promptly correcting, at its own cost and risk, the drawings including any re- survey/investigations.

119

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

3.12. Deficiencies of Services

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 include but not limited to the following:

• 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;

• 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.

4. Consultants' Personnel and Sub-consultants

4.1. General

The Consultant shall employ and provide such qualified and experienced Personnel and Sub-consultants as are required to carry out the Services.

4.2. 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 Client his/her name is listed as well.

120

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 Consultant 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.

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 Consultant, 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.

4.3. Approval of Personnel

The Key Personnel 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 Consultant propose to use in the carrying out of the Services, the Consultant shall submit to the client for review and approval a copy of its 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.

4.4. Working Hours, Overtime, Leave, etc.

a) The Key Personnel 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 Consultant shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services.

4.5. Removal and/or Replacement of Personnel

a) Except as the Client may otherwise agree, no changes shall be made in

121

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

the Key Personnel. If, for any reason beyond the reasonable control of the Consultant, it becomes necessary to replace any of the Personnel, the Consultant 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 Consultant 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 Consultant 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 Consultant 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 for any of the key Personnel provided as a replacement shall be 95% of the remuneration which would have been payable to the key Personnel replaced. However for the reason other than death/extreme medical ground) (iii) for total replacement upto 33% of Key Personnel, remuneration shall be reduced by 5% (iv) for total replacement upto between 33% to 50%, remuneration shall be reduced by 10% and (v) for total replacement beyond 50% of the total of Key Personnel, the client may initiate action for termination/debarment of such Consultant for future projects of PWD.

4.6. Resident Engineer

If required by the SC, the Consultant shall ensure that at all times during the Consultants' performance of the Services a Resident Engineer, acceptable to the Client, shall take charge of the performance of such Services.

5. 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 Consultant, Sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultant, Sub- consultants or Personnel to perform the Services;

b) issue to officials, agents and representatives of the Government all

122

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services;

c) assist the Consultant and the Personnel and any Sub-consultants employed by the Consultant for the Services from any requirement to register or obtain any permit to practice its profession or to establish themselves either individually or as a corporate entity according to the Applicable Law;

d) provide to the Consultant, Sub-consultants and Personnel any such other assistance as may be specified in the SC.

5.2. Access to Land

Subject to Applicable Laws the Client warrants that the Consultant 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 Consultant 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 Consultant 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 service taxes, the same would be payable to the Consultant under this contract. However, the remuneration and reimbursable expenses would not be increased or decreased due to change of taxes and duties.

5.4. Services, Facilities and Property of the Client

The Client shall make available to the Consultant 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 Consultant as and when so specified, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultant for the performance of the Services, (ii) the manner in which the Consultant shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultant as a result thereof pursuant to Clause GC 6.l(c) hereinafter.

5.5. Payment

In consideration of the Services performed by the Consultant under this Contract, the Client shall make to the Consultant such payments and in such manner as is provided by Clause GC 6 of this Contract.

5.6. Counterpart Personnel

123

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

a) If so provided in Appendix F hereto, the Client shall make available to the Consultant, 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 Consultant. If any member of the Counterpart Personnel fails to perform adequately any work assigned to him by the Consultant which is consistent with the position occupied by such member, the Consultant 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 Consultant as and when specified in Appendix F, the Client and the Consultant 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 Consultant as a result thereof pursuant to Clause GC 6.1(c) hereof.

6. Payments to the Consultant

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 Consultant shall notify the Client as soon as cumulative charges incurred for the Services have reached 80% of this ceiling.

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 in local currency shall be made to the Consultant 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 Consultant (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

124

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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) 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 Consultant in the performance of the Services, as specified in SC.

6.3. Currency of Payment

a) All remuneration and reimbursable expenditures would be paid in the currencies as specified in the SC.

6.4. Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:

a) 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 Consultant 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 such monthly statement shall distinguish that portion of the total eligible costs which pertains to remuneration from that portion which pertains to reimbursable expenditures.

b) The Client shall cause the payment of the Consultant periodically as given in schedule of payment above 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 Consultant, the Client may add or subtract the difference from any subsequent payments.

c) 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 Consultant 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 Consultant specifying in detail deficiencies in the Services, the final report or final statement. The Consultant shall thereupon promptly make any necessary corrections, and upon completion of such

125

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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 Consultant to the Client within thirty, (30) days after receipt by the Consultant 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.

d) All payments under this Contract shall be made to the account of the Consultant specified in the SC.

7. 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.

a) 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.

7.2. Settlement of Disputes

a) 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.

7.3. Warning/Debarment

Notwithstanding any other right including claiming compensation for any breach, default or negligence in providing the Services, warning may be issued to the erring Consultant or penal action including debarring the Consultant for a specified period from participating in future projects of the Client may also be initiated.

126

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

III. SPECIAL CONDITIONS OF CONTRACT Number of GC Clause A. Amendments of, and Supplements to, Clauses in the General Conditions of Contract

1.1(a) The words in the “in the Government’s country” are amended to read “In India”

1.4 The language is: English

1.6.1 The address is:

For consultancy package Client : Public Works Department Attention : Superintending Engineer, Southern Highway Circle, P.W.(Roads) Directorate Cable [] Address :1st Floor, 1st floor, KIT Building. Kol-73

E-mail :[email protected]

Consultant: [] Attention: [] Cable: [] Address: [] Telex: [] E-mail [] [Fill in the Blanks]

1.8 The Member in Charge is:

(Note: If the Consultant 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

127

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

here. If the Consultant consist of one entity, this Clause 1.8 should be deleted from the SC)

1.9 The Authorised Representative are:

For the Client:

For consultancy package Attention : Superintending Engineer, Southern Highway Circle, P.W.(Roads) Directorate

For the Consultant: []

1.10 The Consultant, 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 ii) Submission of Performance Security as per the format provided at Appendix H.

2.2 The time period shall be four months or such other time period as the parties may agree in writing.

2.4 The time period shall be as follows: Consultancy 21 months (18 months for civil works and 3 package months for final statement of bills)

or such other time period as the parties may agree in writing.

128

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Limitation of the Consultants' Liability towards the Client

3.4.(a) Except in case of gross negligence or wilful misconduct on the part of the Consultant or on the part of any person or firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused by the Consultant to the Client's property, shall not be liable to the Client:

i) for any indirect or consequential loss or damage; and

ii) for any direct loss or damage that exceeds (A) the total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultant hereunder, or (B) the proceeds the Consultant may be entitled to receive from any insurance maintained by the Consultant to cover such a liability, whichever of (A) or (B) is higher.

(a) This limitation of liability shall not affect the Consultants' liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services.

3.5 The risks and the coverages 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 Consultant or its Personnel or any Sub- consultants or its Personnel for the period of consultancy.

b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million for the period of the Services.

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. The period of insurance should extend 24 months beyond the period for consultancy services.

d) Client's liability and workers' compensation insurance in respect of the Personnel of the Consultant 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 Consultant in the performance of the Services.

129

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

3.7(c) The other actions are

"(i) taking any action under a civil works contract designating the Consultant as "Engineer", for which action, pursuant to such civil works contract, the written approval of the Client is required.

3.9 The Consultant 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 in Appendix C shall serve in that capacity, as specified in Clause GC 4.6."

6.1(b) The ceiling in local currency is:

6.2(a) Payments for remuneration made in accordance with Clause GC 6:2(a) shall be adjusted as follows:

Remuneration of Personnel employed pursuant to the rates set forth in Appendix G and Clause 4.5 of General Conditions of Contract shall not be subject to price adjustment.

Notwithstanding any other provisions in the Contract in this regard, this provision will prevail and over ride any other provision to the contrary in this Contract.

6.2(b) The rates for Personnel are set forth in Appendix G.

6.2 (c) The Reimbursable expenses (fixed rate) to be paid in local currency are set forth in Appendix G.

6.3(a) Remuneration for all Personnel shall be paid in INR only.

6.4 The accounts are:

- For local currency : []

[Note: Insert account number, type of account and name and address of the Bank]

130

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

IV. APPENDICES

Appendix A: Description of the Services

[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

131

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

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

132

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix C: Key Personnel

[List under: C-l Titles [and names, if already available}, detailed job descriptions and minimum qualifications. experience of Personnel to be assigned to work, and staff- months for each.

Please refer TOR

133

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix D: Medical Certificate

[Not applicable]

134

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix E: Hours of Work for Key Personnel

[not applicable]

135

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix F: Duties of the Client

[List here under:

F-l Services, facilities and property to be made available to the Consultant by the Client.

Please refer TOR

136

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix G: Cost Estimates in Local Currency

List hereunder cost estimate in local currency:

1. Monthly rates for local Personnel (Key Personnel and other Personnel)

2. Reimbursable expenditures (fixed rate) as follows:

a. Cost of local transportation.

b. Cost of other local services, rentals, utilities, etc.

137

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Appendix H: FORM OF PERFORMANCE SECURITY (PERFORMAMANCE BANK GUARANTEE) (Clause-17 of TOR)

For Consultancy Package

Executive Engineer, - Name of the Division------,P.W.D/ P.W.(Roads) Directorate

WHEREAS [Name and address of Consultant]1 (hereinafter called “the Consultant”) has undertaken, in pursuance of Contract No. dated ______to provide the Services on terms and conditions set forth in the Contract for “Consultancy services for “Construction Supervision for Strengthening / Strengthening & Widening of State Highways and district roads of Southern Highway Circle, Southern Circle (PWD) under South 24 Parganas District and Howrah District, Govt. of West Bengal for some selected road sections”(hereinafter called the “Contract”)

138

Parganas during year 2017-18.

vi.Widening & Strengthening of Jamtala-Kishorimohanpur Road from 0.00 Kmp to 31.95 Kmp under Lakhsmikantapur Highway Sub- Division of Diamond Harbour Highway Division in the district of South 24-Parganas. vii.Widening & Strengthening of Jibanmondalhat -Sonatikerihat Road from 0.00 Kmp to 23.40 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. viii..Widening & Strengthening of Joynagar-Jalaberia-Kultali Road from 7.40 Kmp to 19.80 Kmp under Lakhsmikantapur Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. ix..Widening & Strengthening of Kakdwip-Patharpratima Road from 0.00 Kmp to 12.30 Kmp under Kakdwip Highway Sub-Division of Diamond Harbour Highway Division in the district of South 24-Parganas. x.Widening & Strengthening of Mayagoalini-Kamalpur Road from 0.00 Kmp to 9.350 Kmp at Sagar Island under Diamond Harbour Highway Division by loan assistance fund NABARD (RIDF)-XXIV in the district of South 24-Parganas during Financial Year 2018-19. Southern Highway South 24- South 24-Parganas Highway xi.Sikharpur-Kulti Cannal Road, Circle, Parganas Division, , P.W. (Roads) from 3.500 Kmp to 12.550 Kmp, in P.W. (Roads) Directorate the district of South 24-Parganas, Directorate for Widening & Strengthening works under South 24-Parganas Highway Division. xii.Kolkata-Basanti Highway (SH-3A), from 68.000 Kmp to 86.000 Kmp and Basanti-Godkhali Road from 0.000 Kmp to 10.750 Km, for Widening & Strengthening works under South 24-Parganas Highway Division in the district of South 24- Parganas.

Southern Highway Howrah Howrah Highway Division, xiii.Amta Bridge approach Road Circle, P.W. (Roads) Directorate from 3.277 Km to 5.36 Km, Betai P.W. (Roads) Narit Road from 0.00 Km to 0.232 139

Directorate Km, Amta Jhikira Road from 0.00

Kmp to 10.70 Kmp. Widening & Strengthening under Howrah

Highway Division in the district of Howrah.

xiv.Bagnan Sricole Kamalpur Road from 0.00 Kmp to 20.60 Km. Widening & Strengthening under

Howrah Highway Division in the district of Howrah. xv.Bagnan-Amta Road from 0.00

Kmp to 13.40 Km. Widening & Strengthening under Howrah Highway Division in the district of Howrah.

AND WHEREAS the Contract requires the Consultant to furnish to the Public Works Department, Govt. of West Bengal (the “Client”), a Bank Guarantee by a recognized bank for the sum not exceeding Rs. ______(in words) as a guarantee for compliance with its obligations in accordance with the Contract (the “Guarantee Amount”);

AND WHEREAS the Consultant having agreed to furnish such a Bank Guarantee has specifically requested us,______(Name of the Bank) (hereinafter referred to as the “Bank/Guarantor”) to provide the Guarantee Amount and the Bank has agreed to provide the Guarantee Amount;

NOW THEREFORE, the Bank hereby affirms that the Bank shall pay to the Client, the Guarantee Amount being payable in the types and proportions of currencies in which the Contract Price is payable, and the Bank undertakes to pay the Client, upon its first written demand and without cavil or argument, any sum or sums within the limits of the Guarantee Amount as aforesaid without the Client needing to prove or to show grounds or reasons for its demand for the sum specified therein.

The Bank hereby waives the necessity of the Client demanding the said debt from the Consultant before presenting the Bank with such demand.

The Bank does hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from the Client. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, the Bank’s liability under this Guarantee shall be restricted to an amount not exceeding the Guarantee Amount.

The Bank undertakes to pay to the Client any money so demanded notwithstanding any dispute or disputes raised by the Consultant in any suit or proceeding pending before any Court or tribunal relating thereto, the Bank’s liability under this present being absolute and unequivocal. The payment so made by the Bank under this Guarantee shall be a valid discharge of its liability for payment there under and the Consultant shall have no claim against the Bank for making such payment.

The Bank further agrees that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the Contract and that it shall continue to be enforceable till all the dues of the Client under or by virtue of the said Agreement have been fully paid and its claim satisfied or discharged or till the Client certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Consultant and accordingly discharges this Guarantee.

The Bank further agrees with the Client that the Client shall have the fullest liberty without the consent of the Bank and without affecting in any manner the obligation of the Bank hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Consultant from time to time or to postpone for any time or from time to time any of the powers exercisable by the 140

Govt. of West Bengal Public Works (Roads) Directorate Southern Highway Circle

Client against the said Consultant and to forbear or enforce any of the terms and conditions relating to the said Agreement and the Bank shall not be relieved from its liability by reason of any such variation, or extension being granted to the said Consultant or for any forbearance, act or omission on the part of the Client or any indulgence by the Client to the said Consultant or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of so relieving the Bank.

The Bank further agrees 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 the Client and the Consultant shall in any way release the Bank from any liability under this Guarantee, and the Bank hereby waives 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 Consultant or of the Bank.

The Bank also undertakes not to revoke this Guarantee during its currency except with the prior written consent of the Client.

Notwithstanding anything contained herein before, the liability of the Bank under this Guarantee is restricted to the Guarantee Amount and the Guarantee shall remain valid till ,unless a claim or a demand in writing is made upon the Bank on or before ..

This Guarantee shall be valid until 1095 days after the date of issue of the Final Payment Certificate.

Signature and Seal of the Guarantor

In presence of Name and Designation Name of the Bank

1 (Name, Signature & Occupation)

Address

2. ______(Name & Occupation)

Date

1 Give names of all partners if the Consultant is a Joint Venture.

141

Memo. No.:1481/ 1 Date : 24.08.2018

Copy forwarded to the Joint Director of Information & Cultural Affairs Department, Writers’ Buildings, Kolkata – 700001 for information please.

Superintending Engineer Southern Highway Circle Public Works (Roads) Directorate

Memo. No.:1481 / 2( 34 ) Date : 24.08.2018 Copy forwarded for information and wide circulation through his office NOTICE BOARD. 1. Chief Engineer, P.W. (Roads) Directorate Head Quarter/ South Zone. 2. Technical Advisor, Finance (IF) Department, Govt. of West Bengal. 3. Sabhadhipati, North/South 24 Parganas/Howrah Zilla Parishad.

4. Superintending Engineer, Health Circle /Southern Circle/ Central Circle /Eastern Circle/ Western Circle –I/II, P.W.D. / Western Highway Circle /Eastern Highway Circle /State Highway Planning Circle/Bridge Planning Circle. 5. District Magistrate, North/South 24 Parganas/Howrah.

6. Executive Engineer, South 24-Parganas/Diamond Harbour /Howrah Highway Division.

7. Executive Engineer, Highway Design Division No.-I/II/III/V, Highway Survey Division No. I/II/III/V.

8. Executive Engineer, IT, PWD with request to publish the Notice in the PWD web site. 9. District Information & Cultural Officer, South 24 Parganas/Howrah. 10. This Office Notice Board.

Superintending Engineer Southern Highway Circle Public Works (Roads) Directorate

142