gujarat water infrastructure ltd · email: [email protected] or u.p. electronics corporation...

REQUEST FOR PROPOSALS FOR SELECTION ANDAPPOINTMENT OF CONSULTANT FOR PROJECTMANAGEMENT AND CONSTRUCTION SUPERVISIONSERVICES FOR VARIOUS PROJECTS

CONSTRUCTION & DESIGN SERVICES (C&DS)

UTTAR PRADESH JAL NIGAM(A Govt. of U.P. Undertaking)

VOLUME – ITECHNICAL PROPOSAL

September-2019

CONSTRUCTION & DESIGN SERVICESTC-38-V, VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW-226010E-mail:- [email protected]

CONTENT

VOLUME - I

SECTION CONTENT PAGE NO.

Section – 1: Letter of invitation 9

Section – 2: (A) Information to consultants

(B) Data sheet

(C)Eligibility criteria for Qualification

(D)Special instructions

12

24

31

38

Section – 3: Technical proposal - standard forms 44

Section – 4: Broad scope of work and term of reference forPMC & construction supervision

73

Section – 5: General conditions of contract

Special conditions of the contract

95

Section – 6: Appendices and standard forms of contract 115

VOLUME - II

Financial proposal 1-13

CONSTRUCTION & DESIGN SERVICES (C&DS)

TC-38-V, VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW-226010

NOTICE INVITING RFP

Department Name CONSTRUCTION & DESIGN SERVICES (C&DS)

UNITRFP Notice No 08@fu&10@fufonk@06 fnukad 27-09-2019

Name of Project:

Request for proposals for selection and appointment ofconsultant for project management and constructionsupervision services for various ongoing/new projects.

Name of Work:

Project Management Services including ConstructionSupervision Services for Various Ongoing/New Projectscomprising of Civil, Electrical/Mechanical/Architectural etc.for works costing Rs 1 crores or more.

Period of completion of work (inMonths)

24 Months after issuance of work order to Firm/ Consultant(Time limit may be extended, if required based on mutualconsent)

Bidding Type Open

Bid Call (Nos) One(1)

Tender Currency Type Single

Tender Currency Settings Indian Rupee (INR)

Joint Venture Not Applicable

Rebate Not Applicable

Amount Details

Bid Document Fee / BidProcessing Fees / Tender Fee :

Rs. 23600 (20,000/- + GST @18%)(Rupees Twenty three thousand six hundred Only)

Bid Document Fee Payable To : Demand draft in favour of

Bid Security / EMD / ProposalSecurity (INR) :

Rs. 20,00,000/- ( Rupees Twenty lakhs only ) in form ofD.D./ F.D.R./ B.G

Bid Security / EMD In Favour of : DIRECTOR, CONSTRUCTION & DESIGN SERVICES,U.P.JAL NIGAM LUCKNOW

Tender Dates Note: All Dates are in dd/mm/yyyy, hr:min as per IndianStandard Time (IST)

Bid Document Downloading StartDate

28/09/2019 onwards

Pre Bid Meeting 05/10/2019 @ 15.00 onwards

Address for pre bid meetingat C&DS, Head Office, TC-38-V, VibhutiKhand, GomtiNagar, Lucknow

Bid Document Downloading EndDate

23/10/2019 17:00:00 hrs

Last Date & Time for OnlineReceipt of Bids

24/10/2019 17:00:00 hrs

Last Date & Time of PhysicalSubmission of documents

26/10/2019 upto 17:00:00 hrs

Bid Opening Date 06/11/2019....... 12:00:00 hrs (If possible)

Bid Validity Period 180 Days from the last date of submission of bid, may beextended on request.

Physical submission of TenderFee, Earnest Money Deposit andPQ supporting document.

Instrument of tender fee & EMD shall be submitted inelectronic format only through online (By scanning whileuploading the bid). This submission shall mean thatTender Fee and EMD are received for purpose of openingthe bid. Accordingly offer of only those shall be openedwhose tender fee and EMD is received electronically.However for the purpose of realization of instrument oftender fee & EMD, bidder shall send the same in originalthrough Speed Post so as to reach to " Director,C&DS,TC-38-V, Vibhuti Khand, Gomti Nagar,Lucknow" within seven days of the last date of biddingduring office hours. For not submitting DD/FDR/BG inoriginal, bid shall be outright rejected and not consideredfor evaluation.Any document in supporting to tender bid shall besubmitted in electronic format only through online (byscanning etc.) and submission only in hard copy will notbe accepted separately.

Payments details

1. Tender fee, Earnest money deposit, PAN Card shall beuploaded online only.

2. Tender Fee (Document fee) amounting toRs. 23,600/- (Rupees Twenty three Thousand sixhundred only) in favor of "Director, C&DS, TC-38-V,Vibhuti Khand, Gomti Nagar, Lucknow " in form ofDemand Draft shall be issued by any Nationalized bankor issued by ICICI bank/ IDBI Bank / Axis Bank/ HDFCbank.Earnest Money DepositRs. 20,00,000 /- (Rupees Twenty Lakhs Only) in form ofFDR or Bank Guarantee in favour of " Director, C&DS,TC-38-V, Vibhuti Khand, Gomti Nagar, Lucknow " validup to 45 days from the date of closure of the bid validity

period of 180 days i.e. (Total of 180+45=225 days), shallbe issued by any Nationalized Bank or issued by ICICIbank/ IDBI Bank / Axis Bank/ HDFC bank.

OTHER DETAILS

Officer Inviting Bids : DIRECTOR , C&DS, U.P. JAL NIGAM, LUCKNOW

Bid Opening Authority : C.G.M , C&DS, U.P. JAL NIGAM, LUCKNOW

Address :Office of Director, Construction & Design Services, UPJal Nigam,TC-38-V, Vibhuti Khand, Gomti Nagar, Lucknow.

Contact no. of officer inviting bids

Submission of tender

The following documents shall be uploaded whilesubmitting the BID online: Scanned copy of Demand Draft as tender fee

Scanned copy of FDR / BG as EMD Scanned copy of consultancy / company registration

certificate in Govt. Scanned copy of PAN card Scanned copies of Experience certificates showing

successful completion of work (with certificate) Scanned copies of financial documents.

In addition to the documents mentioned above, thedocuments required as per attached Forms& Annexureare also to be uploaded. Bidder shall submit their offeri.e. Technical bid as well as price bid in Electronic formaton stipulated website& date as mentioned in the tenderdocument. No offer in physical form will be accepted.The scanned images of uploaded documents should bevery clear to read as it is the sole responsibility of thebidder.

General Terms& Conditions As Per Tender Document

For any clarification the bidder may contact:Mr. Jitesh NigamGeneral Manager(N-10)C&DS, U.P. Jal Nigam, Lucknow.Ph. 9473941884e-mail:- [email protected]

General Terms& Conditions :1 Downloading of Tender Document

Interested consultants can download the tender document free of cost from thewebsite. www.etender.up.nic.in

Bidders wish to participate in the Tender will have to register on web sitewww.etender.up.nic.in

2 Digital Certificate Bidders who wish to participate in this Tender will have to procure / should have

legally valid Digital Certificate as per Information Technology Act-2000 (Class-III) using which they can sign their electronic RFP.

Bidders can procure the same from (n)Code Solutions-A Division of GNFCLtd.- who are licensed Certifying Authority by Govt of India having followingaddress and contact information:

(n)Code Solutions (A Division of GNFC Ltd.)(n) Procure CellC-2, Tilak Marg, Dalibag, Lucknow-226001email: [email protected]. Electronics Corporation Ltd., 10-Ashok Marg, Lucknowwww.uplc.in

Bidders who already have a valid Digital Certificate need not procure a newDigital Certificate.

3 Pre-Bid Conference Pre-bid conference for this tender shall be conducted on Dt. 05/10/2019 shown

above at C&DS, TC-38-V, Vibhuti Khand, Gomti Nagar, Lucknow.

The Bidders shall obtain the clarifications to the queries raised in form ofMinutes of Meeting which will be uploaded by C&DS on the website with in oneweek. These Minutes and any Amendments to the tender shall be a part ofTender Document.

4 Online Submission of Technical and Price Bid Bidders can prepare and edit their offers number of times before final submission.

Once submitted finally bidder can not edit their offers submitted contain in any case.No written or online request in this regards shall be granted.

Bidder shall submit their offer i.e. Technical bid as well as price Bid in Electronicformat on above mentioned website after digitally signing the same.

Offers submitted without digitally signed will not be accepted. Offers in physical form will not be accepted in any case.

5 Opening of Tender Opening of Bid documents will be held on Dt. 06/11/2019 & 12:00:00 time (if

possible) shown above in the office of C&DS.

Intending bidders or their representative who wish to remain present at C&DS,premises at the time of tender opining can do so.

The Offline technical evaluation of the tenders receive donor before last date ofsubmission would be done and results will be displayed on website.

After Successful completion of Technical Evaluation, price bid of only thosebidders would be opened online who are found to be substantially responsive.

6 Contacting officer Further Details/Clarifications if any required will be available from:

In case bidder needs any clarification/assistance or if training required forparticipating in online tender, they can contact the following office.

7 General Instruction The fees for online tender document will not be refunded under any circumstances.

Consulting Firms shall have to submit technical bid as well as price bid in electronicformat only on www.etender.up.nic.in website till the last date and time forsubmission.

Bids shall only be signed by Authorised Signatory.

Offers in physical form will not be accepted in any case

EMD in the form specified in tender document only shall be accepted.

Tenders without Tender fees, Earnest Money Deposit (EMD) and which do notfulfill all or any of the condition or submitted incomplete in any respect will berejected.

Conditional tender shall not be accepted.

Bids shall be self explanatory, self content proposal, no reference to externaldocuments will be considered. Reference documents uploaded with the bid will onlybe considered

The bidder are advised to read carefully the Instruction to Bidder, Eligibility criteriafor qualification contained in the tender documents

Bid once submitted shall not be amended /appended after the last date ofsubmission, unless in response to some queries or clarification sought by C&DS.

The tender notice shall form a part of tender document.

The Bidders are advised to read carefully the “Instruction for Bidder” and "Eligibility Criteria” contained in the tender documents.

The internet site address for E-Tender is Error! Hyperlink reference notvalid.er Documents are also available on C&DS website,https://www.cdsupjn.org

Other terms and conditions as per detailed tender documents.

8 C&DS reserves the rights to reject any or all the tenders without assigning any reasonthereof.

Director,C&DS, U.P. Jal Nigam,T.C.-38-V, Vibhuti Khand,Gomti Nagar, Luckow-226010

SECTION – 1LETTER OF INVITATION

SECTION – 1LETTER OF INVITATION

To,.. . . . . . ... . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . .

Sub: Request for Proposal (RFP) for selection and appointment of Consultant for ProjectManagement and Construction Supervision services for various ongoing/new projects withindividual project cost of Rs 1 crores or more.

(1) C&DS has taken up various projects. The projects are running in a phased manner. Theeligible payments under this contract shall be made from the funds received fromGovernment of UTTAR PRADESH and /or Government of India. The projects are beingexecuted through Item rate/ EPC/Turn key etc type of Contracts.

C&DS intend to appoint Consultant for Project Management Services includingConstruction Supervision Services from qualified, technically competent, experiencedconsultancy agencies. Consultants should note that the objective of the assignment is toensure quality assurance, timely completion of projects within the budgeted costs.Aggregated cost of the projects put under the consultancy service is to the tune of Rs. Twothousand Crore (approximately). Allocation of the consultancy work will be decided bycompetent authority of client without any prejudice to any consulting agency as per tenderprovisions. The consultant who shall achieve highest combined score (technical andfinancial) may be considered for allocation of consultancy work. In case, if it may happenthat there may be more than one first rank bidders based on equal combined technical andfinancial scoring, the award of the consultancy work may be decided based on the lowestquoted price among the first rank bidders.

(2) The duration time of completion and commissioning of the projects is planned formonths; which may be extended if required.

(3) Broadly the scope of the Consultancy service is envisaged as follows:“To assist client in overall Project Management and Implementation of the Item rate/ EPC / Turnkey Contracts, that includes:

Construction Supervision Services and Contract Administration, Review of Contractor’s design and construction document, Quality and safety assurance and required testing as per IS Codes Inspection of materials, machineries and equipment Commissioning assistance Services during defects liability period”.

More details on the services are provided in Request for Proposal

(4) A Firm will be selected based on procedures described in this RFP.

(5) The eligibility criteria as per the Section-2 of this RFP.

(6) Consultants are, therefore, invited through this Request for Proposal (RFP) toupload with digitally signed then Technical and Financial offers for furtherconsideration by C&DS for selection of the consultants.

(7) This Volume- 1 of Technical proposal includes the following sections. Volume- 2, isthe price proposal, provided in a separate volume

Section – 1: Letter of Invitation.Section – 2: Information to Consultants

DatasheetEligibility criteria for qualificationSpecial instructions

Section – 3: Technical Proposal- Standard FormsSection – 4: Broad scope of work and request for

proposalSection – 5: General Conditions of Contract

Special Conditions of ContractSection – 6: Appendices Standard Form of Contract

Tender for Consultancy Services

Please inform us in writing the following:(a) That you received the letter of invitation; and(b) Whether you will submit a proposal alone or in association.The Consultants are requested to ensure that the Technical Proposal along withRFP Fee and EMD (original) are submitted by them during office hours with thereference number, name of the project and clear identification of the contentson the envelope to:

Tender for Consultancy Services

(8) Address for Submission of Bid

Director,C&DS, U.P. Jal Nigam,T.C.-38-V, Vibhuti Khand,Gomti Nagar, Luckow-226010Phone No.: +91 0522-2728985Email: [email protected]

Yours sincerely,Mr. Jitesh NigamGeneral Manager(N-10)C&DS, U.P. Jal Nigam, Lucknow.Ph. 9473941884e-mail:- [email protected]

SECTION – 2(A)INFORMATION TO CONSULTANTS

SECTION – 2(A)INFORMATION TO CONSULTANTS

1.0 INTRODUCTION :

1.1 The Client named in the "Data Sheet" will select a Firm in accordance with themethod of selection indicated in the Data Sheet and detailed in the Guidelines givenin the Data Sheet.

Selection of consultant by the C&DS will be Technical qualification followed byfinancial bid evaluation of the firms responding from the RFP

1.2 The consultants are invited to submit electronically under e-tender procedure theTechnical Proposal and a Financial Proposal as specified in the Data Sheet (theproposal) for consulting services required for the Assignment named in the Data Sheet.The Proposal will be the basis for contract negotiations and ultimately signature of acontract with the selected Firm.

The consultancy work having individual project cost more than Rs.1.0 crores may beawarded to the consultant. However if required, the individual work costing more thanRs. 0.500 crores may also be awarded by C&DS

1.3 The Assignment shall be implemented in accordance with the phasing indicated in theData Sheet. When the Assignment includes several phases, continuation of services forthe next phase shall be subject to satisfactory performance of the previous phase, asdetermined by the Client.

1.4 The Consultants must familiarize themselves with local conditions and take them intoaccount in preparing their proposals. To obtain firsthand information on the assignmentand on the local conditions, consultants are encouraged to pay a visit to theClient/Project Locations before submitting a Proposal. The Consultant's representativeshould contact the officials named in the Data Sheet to arrange for their visit or to obtainadditional information. Consultants should ensure that these officials are advised of thevisit in adequate time to allow them to make appropriate arrangements.

1.5 The client will provide the inputs specified in the Data Sheet, assist the Consultantsin obtaining licenses and permits needed to carry out the services, and makeavailable relevant project data and reports.

In preparing their proposals, consultant are expected to examine in detail thedocuments comprising the RFP, material deficiencies in providing the informationrequested may results in rejection of a proposal.

1.6 Please note that (i) the costs of preparing the proposal and of negotiating thecontract, including a visit to the Client, are not reimbursable (ii) the Client is notbound to accept any of the Proposals submitted.

1.7 The Client policy requires that Consultants provide professional, objective, andimpartial expert Technical advice which is technologically sound, economical&environmentally sustainable and at all times hold the Client's interests paramount,without any consideration for future work, and strictly avoid conflicts with otherassignments or their own Corporate interests. Consultants shall not be hired forany assignment that would be in conflict with their prior or current obligations to

other clients, or that may place them in a position of not being able to carry out theassignment in the best interest of the Client.

1.7.1 Without limitation on the generality of this rule, consultants shall not be hiredunder the circumstances set forth below;

(a) A Consultant who has been engaged by the Client to provide goodsor works for a project, and any of their affiliates, shall be disqualifiedfrom providing consulting services for the same project. Conversely,Consultants hired to provide consulting services for the preparationor implementation of a project, and any of their affiliates, shall bedisqualified from subsequently providing goods or works or servicesrelated to the initial assignment (other than a continuation of theConsultant's earlier consulting services) for the same project.

(b) Consultants or any of their affiliates shall not be hired for anyassignment which, by its nature, may be in conflict with anotherassignment of the consultants.

1.7.2 As pointed out in Para 1.7.1(a) above, consultants may be hired fordownstream work, when continuity is essential, in which case this possibilityshall be indicated in the Data Sheet and the factors used for the selection ofthe consultant should take the likelihood of continuation into account. It willbe the exclusive decision of the Client whether or not to have thedownstream assignment carried out, and if it is carried out, which consultantwill be hired for the purpose.

1.7.3 Any previous or ongoing participation in relation to the assignment by theFirm, its professional staff, or its affiliates or associates under a contract withthe Client may result in rejection of the proposal. Consultants should clarifytheir situation in that respect with the Client before preparing the proposal.

1.8 It is the Client's policy to require that consultants under contracts observe thehighest standard of ethics during the selection and execution of contracts. Inpursuance of this policy, the Client ;

(a) defines, for the purposes of this provision, the terms set forth below asfollows :

i) "corrupt practice" means the offering, giving, receiving, or soliciting ofanything of value to influence the action of a public official in theselection process or in contract execution; and

ii) "fraudulent practice" means a misrepresentation of facts in order toinfluence a selection process or the execution of a contract to thedetriment of the Borrower, and includes collusive practices amongconsultants (prior to or after submission of proposals) designed toestablish prices at artificial, noncompetitive levels and to deprive theBorrower of the benefits of free and open competition.

(b) will reject a proposal for award if it determines that the Firm recommendedfor award has engaged in corrupt or fraudulent activities in competing for thecontract in question;

(c) will cancel the portion of the payment allocated to the Firm's contract if it atany time determines that corrupt or fraudulent practices were engaged in byrepresentatives of the Consultant during the selection process or theexecution of that contract, without the Consultant having taken timely andappropriate action satisfactory to the Client to remedy the situation;

(d) will declare a Firm ineligible, either indefinitely or for a stated period of time,to be awarded a contract if it at any time determines that the Firm hasengaged in corrupt or fraudulent practices in competing for, or in executing,a contract; and

(e) will have the right to require that, in contract a provision be includedrequiring consultants to permit the Client to inspect their accounts andrecords relating to the performance of the contract and to have them auditedby auditors appointed by the Client.

1.9 Consultants shall not be under a declaration of ineligibility for corrupt andfraudulent practices issued by the Client in accordance with the above sub Para1.8(c).

1.10 The terms / conditions and detailed scope of work with the contractor shall bepart of the RFP

1.11 Consultant shall bear all costs associated with the preparation and submissionof their proposals. Costs might include site visit, collection of information and ifselected attendance at contract negotiation.

1.12 Conditional bids are liable to be rejected.

1.13 Bids with variable costs/rates shall be rejected.

2.0 DOCUMENTS COMPRISING THE RFP :

This RPF include following

Volume :1 Technical ProposalSection – 1: Letter of Invitation.Section – 2: Information to Consultants

DatasheetEligibility criteria for qualificationSpecial instructions

Section – 3: Technical Proposal - Standard FormsSection – 4: Broad scope of work and request for proposalSection – 5: General Conditions of Contract

Special Conditions of ContractSection – 6: Appendices Standard Form of ContractVolume :2 Financial Proposal

2.1 Clarification shall only be asked during pre-bid meeting or through e-mail([email protected]) upto

2.2 Pre-bid meeting

The consultant or his official representative is invited to attend a pre bidmeeting, which will take place at time and place indicated in data sheet.

The purpose to the meeting will be to clarify issues and to answer questionon any matter related to the RFP that may be raised at that stage includingthe clarifications requested under 2.1 above.

Non-attendance at the pre-bid meeting will not be a cause fordisqualification of a bidder.

2.3 At any time before the submission of proposals, the Client may, for anyreason, whether at its own initiative or in response to a clarificationrequested by an invited Firm, modify the RFP documents by amendment.Any amendment shall be issued in writing through addenda. Addenda shallbe sent by mail/cable/telex/facsimile or electronic mail to all invitedconsultants and will be binding on them. The Client may at its discretionextend the deadline for the submission of Proposals.

3.0 PREPARATION OF PROPOSALS :

3.1. Consultants are requested to submit a Proposal (Para 1.2) written in thelanguage(s) specified in the Data Sheet. it should be submitted in two bidsviz, Technical and Financial.

Technical Proposal:

3.2 In preparing the Technical Proposal, consultants are expected to examinethe documents comprising this RFP in detail. Substantial deficiencies inproviding the information requested may result in rejection of a Proposal.

The technical proposal should clearly demonstrate the consultantsunderstanding of the assignment requirements and capability and approachfor carrying out the tasks set forth in the RFP.

3.3 While preparing the Technical Proposal, consultants must give particularattention to the following :

i) The assignment carried out by individual staff member or anyassociates prior to joining the Firm of consultant cannot be called asthe experience of the Firm but may be referred to in the curriculumvitae of staff proposed for the services.

ii) All the key staff proposed shall be regular full time employees of the firmfor not less than 12 months and the age of maximum 65 years shall beconsidered prior to date of submission of the proposal.However, in case of Financial Analyst and Legal Expert the experienceof the person engaged by the consultant for their firm may be considered.Copy of the TDS/PF statement of staff must be attached as a proof.

iii) Proposed professional staff must have at least the experience indicatedin the Section 2(C) Eligibility Criteria for qualification, preferably underconditions similar to those prevailing in the country of the Assignment.

iv) Alternative professional staff shall not be proposed, and only onecurriculum vitae (CV) may be submitted for each position.

v) Reports to be issued by the consultants as part of this assignmentmust be in the language(s) specified in the Data Sheet. It isdesirable that the Firm’s personnel have a working knowledge of theclient’s national / local language.

3.4 The Technical proposal should provide the following information usingthe attached Standard Forms (Section-3):

i) A brief description of the Firm’s organization and an outline of recentexperience on assignments (Section3; Form 3C- 1 to 5)of a similarmagnitude and nature and present workload

ii) Any comments or suggestions on the Request for Proposal and onthe data, a list of services, and facilities to be provided by the Client(Section3; Form 3E-1).

iii) A description of the methodology and work plan for performing theassignment (Section3; Form 3D-6).

iv) The list of the proposed staff team by specialty, the tasks that wouldbe assigned to each staff team member, and their timing (Section3;Form 3D-8).

v) CVs must be recently signed by the proposed professional staff onFirms letter pad and the authorized representative submitting theproposal. Key information should include educational qualification,number of years working for the Firm/entity, and degree ofresponsibility held in various assignments in the past 10 to 15 years(Section3; Form 3D-9).

vi) Copy of TDS and PF statement for each key staff to be provided.(Section3; Form 3B-5).

vii) Estimates of the total staff effort (professional and support staff; stafftime) to be provided to carry out the Assignment, supported by barchart diagrams showing the time proposed for each professional staffteam member.

viii) Forms for specific Project Experience Section.

3.5 The Technical Proposal shall not include any financial information.

Financial Proposal:

3.6 In preparing the Financial Proposal, consultants are expected to take intoaccount the requirements and conditions of the RFP documents. TheFinancial Proposal should follow Standard Forms (Volume 1 Section - 4). Itlists all costs associated with the Assignment are deemed to be included inthe financial offer, such costs could be (a) remuneration for staff (foreign andlocal, in the field and at head quarters), and (b) reimbursable such assubsistence (per diem, housing), transportation (international and local, formobilization and demobilization), services and equipment (vehicles, officeequipment, furniture, and supplies), office rent, insurance, printing ofdocuments, surveys; and training, if it is a major component of theassignment.

3.7 The Financial Proposal shall be exclusive of GST but inclusive of all othertaxes, insurances, including local taxes (including social security), duties,fees, levies, and other impositions imposed under the applicable law, on theconsultants, the sub-consultants, and their personnel. GST shall be quotedseparately.

3.8 Consultants may express the price of their services in terms of percentageof the approved project cost of work.

3.9 Commissions and gratuities, if any, paid or to be paid by consultants andrelated to the Assignment will be born by the consultant.

3.10 The Data Sheet indicates how long the proposals must remain valid after thesubmission date. During this period, the consultant is expected to keepavailable the professional staff proposed for the assignment. The Client willmake its best effort to complete negotiations within this period. If the Clientwishes to extend the validity period of the proposals, the consultants who donot agree have the right not to extend the validity of their proposals.

3.11 The financial proposal shall be quoted as percentage of approved projectcost for Project Management and construction supervision ConsultancyServices as given in the price bid. Payment shall be paid as per paymentschedule.

(a) The costs shall be given inclusive for phases of work, i.e. Construction Supervision Services, and Defects correction supervision

In due consideration of the pertaining descriptions of the Request forProposal as included and the Sample Draft Contract Agreement and of thefollowing.

(i) The Period for the Pre-contract work is assumed at four weeks and shallbe used to ensure that all head (branch) office and site staff to beinvolved fully understands

The Contract Agreement The construction contract documentation The activities and tasks required under their proposed

position The particular procedures and ways of interaction with the

Employer and the contractorChecking and approval of detailed designs of civil (structuraldesigns) & electro-mechanical equipment's etc.

The period shall also include for the consultant's mobilization prior tothe contractor entering the site. The consultant shall mobilizeimmediately after entering the contract agreement.

(ii) The services period of the Consultant’s is Twenty Four Months. If it isrequired to extend contract due to any reason, payment will be made atthe approved tender rate, for the balance portion of work beyond 24months. The Agency shall base his pricing on this duration but take into

account the various items in the construction contract (e.g. workschedule and bill of quantities), which may affect the need for reduced/increased staff input during particular stages of works' execution.

(iii) Works of Rs1 crores or more could be awarded to the PMC.Following Works are envisaged during construction supervision period.

Inspection of materials and equipments Over all supervision of Construction activities, assist in verification

of measurement, certification of bills, monitoring of progress ofwork, submission of periodical progress report, monitoring ofQuality Assurance Program, inspection of materials andequipment at site as well as factory site (manufacturing unit),satisfactory certification of work and satisfactory completioncertificate of the project.

Monitoring towards Commissioning of projects Periodical monitoring for Defect correction period up to completion of

the project

(iv) The “Defects Correction Supervision” will be of duration of 12(Twelve)months from the date of issue of the certificate of completion to thecontractor. During this period, permanent presence of Agency staff onsite is not necessary. However, Agency Personnel shall visit all site atleast once in a month and submit report. Further Agency personnelshould be readily available for a site visit at any time on 48 hours noticeby the Client when ever required.

(c) Consultant’s price proposed shall include the followings.

Professional staff site office:All decision making key personals shall be deployed by theconsultant at site office. The rates hereto shall be all inclusive perstaff member and month, and cover basic salary, social charges(incl. pension fund and similar payments), over time changes etc.overheads (incl. tax and insurance liabilities, sickness, holiday andbonus payments, charges for support staff office and backstopping,etc.) consultant's fees and any other accountable and variables. Therate shall also include staff required by consultant at head andbranch office for their own general administration. Charges for travelof staff from home base to site and field allowances for boarding andlodging, etc. shall also be covered.

TransportationThe rates hereto shall be all-inclusive per vehicle type per month andcover rent/depreciation, running and maintenance, driver's wages,charges and allowances etc., consumables and any otheraccountable and variables.

Site office and equipmentThe rates hereto shall be all-inclusive per month and cover rent/depreciation, operation, running and maintenance, internet facility,costs for document reproduction, communication, support staff like

computer operator with AutoCAD knowledge, draughtsman, tracers,office staff, computer operator, etc. and any other accountable andvariables.

Other expenses (if any)(To be specified by consultant in his financial proposal)All costs and rates quoted shall be fixed for the duration of thecontract agreement, except as otherwise provided for therein.Any costs not entered shall not be payable, except as otherwiseprovided for in the contract agreement.

4.0 SUBMISSION, RECEIPT AND OPENING OF PROPOSALS :

4.1 The original Proposal (Technical Proposal and Financial Proposal; shall besubmitted electronically.

4.2 An authorized representative of the Firm initials all pages of the Proposalsubmitted in hard copy. The representative's authorization is confirmed by awritten power of attorney accompanying the proposals.

4.3 Bid processing fees and earnest money deposit shall be submitted to theclient as shown in Data sheet

4.4 The technical proposal and financial proposal must be uploaded online on orbefore the time and date stated in the data sheet. All submission shall be inPDF portable document format or joint photographic experts group (JPG)

4.5 After the deadline for submission of proposals the technical proposal shallbe opened immediately by the Authorized representative of C&DS. Thefinancial proposal shall remain encrypted with a until all submitted proposalsare opened publicly, as decided by the client.

4.6 A consultant should submit only one proposal if a consultant submits orparticipate in more than one proposal for the same project such a consultantshall be disqualified.

4.7 The tenders shall be rejected outright if:

a) Tender is in the name of person or firm who is not a consulting firm.

b) Tender fees and Earnest Money Deposit not received in the time prescribedby C&DS.

c) Offer submitted in physical form only.

d) If the consultant has quoted rates with additional condition and counterconditions

e) In case of any deviation in the terms of reference, terms and conditions ofthe tender.

f) If the tender is not digitally signed by the consulting firm.

g) If the “Technical Bid” of any firm is decided as non-responsive the “Price Bid”of that firm shall not be opened

h) If the rate are not workable.

5.0 PROPOSAL EVALUATION :

5.1 General:

From the time the bids are opened to the time the contract is awarded anyeffort made by the Firm to influence the Client in the Client's proposalevaluation, proposal comparison or contract award decisions may result inthe rejection of the consultant's proposal.

5.2 Evaluation of Technical Proposals:

The individual member of the evaluation committee appointed by the Clientwill carry out the evaluation of proposals on the basis of mandatoryrequirement for general and specific criteria and scoring criteria specified inthe section 2 (c) eligibility criteria for qualification. Each responsive proposalshall be preliminarily evaluated to assess their performance and theircapability with respect to mandatory requirement for general and specificcriteria. Based on this evaluation of responsiveness of bid shall be decided.The consultant, who do not satisfy this mandatory requirement, the bid willbe considered non responsive. No further evaluation shall be made for suchbid and the consultant will be disqualified for further evaluation. Eachresponsive proposal shall be further evaluated for technical content and willbe given a technical score (St). Any proposal found unsuitable shall berejected at this stage if it fails to achieve the minimum technical scoreindicated in the section 2 (c) eligibility criteria for qualification The Clientshall notify consultants of the rejection of their Technical Proposal indicatingthat &their Financial Proposals shall remain unopened after completing theselection process.

For technical scoring a weightage of 100 marks is assigned. To qualifytechnically, it is required that a consultant should score minimum 50% marksin the following each individual parameters (group) and at least 70 marksoverall.

5.3 First Stage Evaluation for qualification:

The qualification of the consultants offer shall be based on mandatory qualifyingrequirement and further by marking system proposed as under:

Group No Category MaximumMarks

1. Relevant Experience of the Consultant's firmin Infrastructure Project in India

30

2. Relevant Experience of the Consultant’sFirm in buildings, roads, drainage etc. in lastten years in India

30

3. Proposed Methodology and Work Plan 104. Relevant Experience of the Key Personnel 30

Total 100

Any proposal not complying with the instructions or is poorly presented or hasomissions shall be liable to rejection at this stage.

5.4 The consultant who scores Technical (St) 50 % marks in each group and 70 marksout of 100 marks as stated here in above shall be post qualified and included in theshort list for opening and evaluation of their financial proposals.

5.5 Public Opening and Evaluation of Financial Proposals;

After the completion of technical evaluation, The Client shall notify the successfulconsultants that they have secured the minimum qualifying mark, indicating thedate and time set for opening the Financial Proposals.

The Financial Proposals shall be opened publicly in the presence of the consultants'representatives who choose to attend. The name of the consultant, the qualityscores, and the proposed prices shall be read aloud and recorded when theFinancial Proposals are opened.

For financial evaluation, the total lump sum fee indicated in the Financial Proposalshall be considered. C&DS will determine whether the Financial Proposals arecomplete, qualified and unconditional. The cost indicated in the Financial Proposalshall be deemed as final and reflecting the total cost of services. Omissions, if any,in costing any item shall not entitle the Firm to be compensated and the liability tofulfill its obligations as per the RFP within the total quoted price shall be that of theConsultant’ FirmOn the basis of financial bid evaluation first lowest (L1) will be decided.

5.6 The Selected Applicant Consultant shall be the first ranked Applicant Consultant.The second ranked Applicant Consultant shall be kept in reserve and may beinvited for negotiations in case the first ranked Applicant Consultant withdraws, orfails to comply with the requirements specified hereinabove.

5.7 This evaluation procedure reflects the high importance attached to quality andcompetence. Please note that the Client is not bound in any manner to select any ofthe Firms submitting proposals or to select the Firm offering the lower price

6.0 AWARD OF CONTRACT :

The allocation of the consultancy work will be decided by competent authority of clientwithout any prejudice to any consulting agency as per tender provisions. Theconsultant who shall technically qualify on basis of technical score and tendered thelowest rates/cost may be considered for allocation of consultancy work.In case, if it may happen that there may be more than one first lowest bidders basedon financial evaluation, the award of the consultancy work may be decided based onthe score gained in the evaluation of technical bid.

7.0 CONFIDENTIALITY :

Information relating to evaluation of proposals and recommendations concerningawards shall not be disclosed to the consultants who submitted the proposals or toother persons not officially concerned with the process, until the winning Firm has beennotified that it has been awarded the contract.

8.0 Mode of execution

The projects/works of C&DS are spread over entire U.P. and some other states. Anumber of works are to be taken up simultaneously in the state. The project works areto be taken up by C&DS. Therefore, the online tenders for consultancy work is invitedat the level of head office of C&DS. The receipt of tenders, evaluation of the bid,selection of consultant and award of work shall be processed at head office of C&DS atLucknpw. The successful consultant shall execute the agreement for consultancy workwith. However the actual work shall be performed with the concerned Project Manageror equivalent, General Manager or equivalent, Chief General Manager or equivalent orhead of the project under C&DS. shall issue the orders to the consultant stating thename and location of the project, along with the name of concerned Project Manager,General Manager, Chief General Manager in charge of the project and the name oforganization (C&DS)The consultant shall be responsible to the concerned officers incharge of the work for the implementation of consultancy work. The performance of theconsultant shall be monitored, reviewed based on the report of project in charge ofofficers.

SECTION – 2(B)DATASHEET

SECTION- 2(B)

DATA SHEET

Information to Consultants

ClauseReference

1 The name of the Client is CONSTRUCTION & DESIGN SERVICES (C&DS),U P Jal Nigam, T C -38V, Vibhuti Khand, GomtiNagar, Lucknow.

The method of selection is Technical Qualification and first lowest rate(L1)

The Guidelines are As mentioned in this RFP

2 Technical and a Financial Proposalsare requested

Yes

3 The Assignment in phased YesThe consultancy work shall be for new projects orfor remodeling/ renovation of the existing project orfor the project in which DPR is already availablewith C&DS

Broadly, the role of PMC consultant shall be infollowing phases. Activities during Construction Defects correction Supervision Post Construction Activities Checking of detailed designs and drawings

of civil works, E& M works, etc. is in thescope of the PMC Consultant

4 The main objectives and description ofthe Assignment are

The broad role of the Project ManagementConsultant shall be to act on behalf of C&DSto manage various Item rates /EPC/TurnkeyWorks/ Project of C&DS, and the responsibilityshall include: Assist C&DS in carrying out construction

supervision, contract administrationprogress monitoring, quality control,testing, test check of invoices, resolutionof claim, change in design, and takingover, and safety management for allcontracts.

Carry out review of design andconstruction documents furnished by theContractor. The review and approval ofshall run parallel to the construction

works Inspect mechanical and electrical

equipment at manufacturer’s works asand when required in India and submitan acceptance/rejection report forconsiderations of C&DS engineers whowill also witness such equipmentinspection along with consultant’sinspection engineer(s).

Prepare project schedule and rendernecessary assistance to C&DS inmonitoring the project

Ensure time bound completion of theworks to be executed strictly as per thespecifications laid down in the biddocuments. Assist the C&DS Engineersfor other project management relatedactivities of the contracts.

5 Scope of Services for ConsultancyServices

The scope of the Consultant can be broadlyclassified in following areas. Review Contractor’s Design and Drawing

documents Report on compliance to statutory requirements Report on safety and Health aspects Report on Physical Progress of the project Report on Financial progress and fund

utilization Report on Quality Assurance systems and

Project quality- as per Checklist for QualityControl

Report on variations with respect to sanctionedcovenants

Report on cost variations and time overruns Report on remedial measures to improve

physical and financial progress and quality ofthe works.

Commissioning, trial run and testing stage Reports on completion of projects

Post construction Stage: Report on functionality & usage Report on overall performance and

sustainability of the assets createdBroad scope of work and term of reference areprovided in Section 4

6 A pre bid conference will be held Yes. The pre bid conference will be held in theHead Office, C&DS at Lucknow on Dt.05/10/2019 15:00 hrs onward.

7 The Client will provide the inputs /assistance to the Firm

As mentioned in Request for Proposal.

8 The Client envisages the need forcontinuity for downstream work

No

9 Proposals should be submitted in thelanguage(s)

English.

10 Firm / entity may associate with othershort-listed Firm

No

11 Minimum required qualification of theFirm and experience

Section 2(C)

12 The minimum required experience ofproposed key staff

Section 2(C)

13 Reports which are part of theassignment must be written in thelanguage(s):

English.

14 The Client will provide the followinginputs/ assistance

Refer Section 4 Clause 6.8 of Terms ofReference

15 The clauses on fraud and corruption inthe contract are

Section 5, GCC Clause 1.12

16 Training is an important feature of thisAssignment

Yes

17 Cost in Indian Rupees

18 Validity of the Proposal 180 days after date of submission

19 Clarification on Bid May be requested seven days before the lastsubmission date.

The address for requesting clarifications is ;

Mr. Jitesh NigamGeneral Manager(N-10)C&DS, U.P. Jal Nigam, Lucknow.Ph. 9473941884e-mail:- [email protected]

20 The proposal submission address is Director,C&DS, U.P. Jal Nigam,T.C.-38-V, Vibhuti Khand,Gomti Nagar, Luckow-226010

21 Proposals must be submitted not laterthan the date and time

26/10/2019, upto 17:00 hrs.

22 Mode of Submission On line Submission and Hard copy Submission

Consultants must submit its technical proposalin CD rom with one hard copy where as the

financial proposal in Hard Copy only induplicate.

Technical and price bid shall be submittedonline on or before date 24/10/2019 upto17:00 hrs.

Tender fee and earnest money shall besubmitted (original) in physical form (hardcopy) to

Up to 26 /10/2019, 17:00 hrs

Bid Processing Fee - Rs. 23600/-

Earnest Money Deposit – Rs. 20 Lacs

23 Opening of the bid a) The online preliminary bid opening shallbe on date 06/11/2019, at 15:00 hrs (ifpossible)

b) In the first phase, the opening offollowing formats for preliminaryrequirement of the proposal such asEMD, bid processing fee (tender fee) andtechnical proposal.

Technical FormsSl.No.

Form No Content Remarks

1 3A Technical Proposal Submission Form

2 3B-1 Information on Consultancy firms organization

3 3B-2 ISO 9001 certification

4 3B-3 Information on blacklisting

5 3B-4 Project Experience in western region of India -Deleted

6 3B-5 Key Personnel’s Employment Details

For evaluation of MandatoryRequirement. Forms will beopened for those consultantswho have submitted EMD andBid Processing fee online aswell as in physical form

7 3C-1 Financial Information of Consultants firm

8 3C-2A Firms References in Building, Institutional&Commercial Complex projects in last seven years

9 3C-2B Firms References in Road work projects in lastseven years

10 3C-3A Firms References in Nallah work projects in lastseven years

11 3C-3B Firms References in Drainage projects in lastseven years

123C-4 Firms References in Water Retaining Structure

projects in last seven years

133C-5 Firms References in STP work projects in last

seven years

For evaluation of SpecificCriteria. Forms will be openedfor those consultants whohave passed the mandatoryrequirement

14 3D-1 Experience of the firm in Building works.

15 3D-2 Experience of the firm in Institutional&Commercial Complex.

163D-3A Experience of the firm in road works.

173D-3B Experience of firm in Nallah work

18 3D-4 Experience of the firm in drainage19 3D-4A Experience of the firm in water retaining structure20 3D-5 Experience of the firm in STP work

21 3D-6 Consultant’s proposed methodology and workplan

22 3D-7 Activity Schedule

For Technical Scoring. Formswill be opened for thoseconsultants who have passedthe mandatory requirementand specific criteria

Sl.No.


23 3D-8 Team Composition and Task assigned24 3D-9 Format for the Curriculum Vitae25 3E-1 Comments and suggestions on RFP and on data,

services, facilities to be provided by the client

The formats mentioned above shall only be opened of those consultants whohave submitted details of EMD and bid processing fee in the format online aswell as instruments in physical form as prescribed in Data sheet.

Second stage openingVolume 2 Financial proposal

SECTION – 2(C)ELIGIBILITY CRITERIA FOR QUALIFICATION

SECTION – 2(C)ELIGIBILITY CRITERIA FOR QUALIFICATION

To qualify, the consultant must have to satisfy the following Mandatory(General & Specific) qualifying requirements.1.0 General Requirement(a) The Firm must have an office in India, operating for minimum last 10 Years and should

be registered under Indian companies Act. 1956. from last 10 years (certificate ofincorporation and PAN Card must be furnished with technical proposal)

(b) The Firm must be having an ISO:9001 certification since last 5 years as on last date ofbid submission. (A copy of the certificates must be furnished with Technical Proposal)

(c) The Firm should not have been blacklisted or debarred by any Government / SemiGovernment Organizations / funding agency (e.g. world bank, ADB, NABARD etc.)during last 3 years from the last date of bid submission.

(d) The experience and financial capability of parent company shall not be considered incase of any Indian Subsidiary.

(e) Firms are not allowed to form Joint venture or Consortium with other Firms. Sublettingor subcontracting of any part of work except survey and soil investigations is notpermitted.

(f) Experience of personnel in consultancy organizations shall only be considered.However in case of Financial Analyst and Legal Expert engaged by the consultant, theexperience of that analyst/ expert may be considered.

2.0 Specific Requirement

The Firm shall have a minimum Annual Turnover of Rs. 15.0 (Rupees Fifteen) crore perannum from professional fees in any 3 (three) financial years during last seven yearsfrom Indian Operations only. (Audited Balance sheet from certified CharteredAccountant to be furnished)

Note: Financial year means period beginning from the 1st April to 31stMarch of the next

year. The details pertaining to Turnover for the year 2013-2014 to 2018-2019 shall be

certified by Chartered Accountant on his own letter head and duly attested.

The Firm should have experience in Project Management Services of at least onesingle project of the value of not less than Rs. 100 Crores in last five years.In case consultant fails to satisfy the above requirements, the bid shall beconsidered non responsive and shall not be considered for further evaluation andthe consultant shall be disqualified at the stage.

3.0 Scoring CriteriaThe relevant experience of the firm shall be evaluated based on the markingsystem as under. The consultant shall have to satisfy the following criteria and asper the performance, marking shall be given and accordingly evaluation shall bemade.

Note:- The consultant shall have to secure minimum 50% marks in each groupmentioned and total of all the groups shall be minimum 70%.

GroupNo

Parameter MaximumScore

Criteria

1 RelevantExperienceof theConsultant’sFirm invarious typesofInfrastructureprojectsduring lastfive years inIndia

30 1. Experience of the firm in Project Management of

Infrastructure projects:-

(i) Project Cost Rs. 1200 Cr. or above. 30 marks

(ii) Project Cost Rs. 800 – 1199 Cr. 25 marks

(iii) Project Cost Rs. 600 – 799 Cr. 20 marks

(iv) Project Cost Rs. 400 – 599 Cr. 15 marks

Note: Any one of the above will be counted forscoring.

2 RelevantExperienceof theConsultant’sFirm invarious typesof worksduring lastFive years inIndia

30 1. Experience of the building work:- (any one of the

following will be counted for scoring)

(i) Single story building. 1 marks

(ii) Ground + 3 storey building. 1.5 marks

(iii) Ground + 3 storey RCC framedstructure. 2 marks

(iv) Ground + 4 to 10 storeybuilding. 4 marks

(v) Ground + more than 10 storeybuilding. 6 marks

2. Experience of Auditorium/ Mall/

Shopping Complex/ Cinema Hall 6 marks

Note:- Add Extra –

(a) if building in above (1) & (2) are with

basement 2 marks

(b) if building is with Air Conditioning

System 2 marks

3. Experience of Road Works - (any one of the


(a) Up to 50 km 1.5 marks

GroupNo


Criteria

(b) More than 50 km 2 marks

4. Experience in Nallah Works -(any one of the


(a) Up to 1 km 1.5 marks

(b) More than 1 km 3 marks

5. Experience in Drainage Works - (any one of the


(a) Part of Drainage Net Works 2 marks

(b) Drainage works of hole town 3 marks

6. For Water Retaining structures such asReservoir, Swing Pool , etc. 3 marks

7. STP (any one of the following will becounted for scoring)

a) Upto 5 MLD 2 Marksb) Above 5 MLD 3 Marks

3 ProposedMethodologyand workPlan

10 (i) Understanding of TOR – 01 Marks(ii) Quality of Methodology – 08 Marks

(a) Understanding of Existing System – 0.5 Marks

(b) Analysis of inadequacy of existing system – 0.5 Marks

(c) Approach and Methodology for executing the project – 02 Marks

(d) Training program with schedule Training program with schedule related to: (d1) Quality Assurance and Quality control - 01 mark (d2) Safety - 01 mark (d3) Operation & maintenance - 01 mark (e) Grievance redresses - 02 marks

(iii) Work Program and personnel Schedule – 01 Marks

GroupNo


Criteria

4 RelevantExperienceof the KeyPersonnel

30 1. Project Manager (Team Leader) 3 Marks2. Structural Design Engineer 2 Marks3. Geotechnical Engineer 1 Marks4. Architect 2 Marks5. Procurement Engineer/ 2 Marks

Contracts Evaluation Engineer6. Construction Manager 2 Marks7. Quality control & Quality

Assurance Engineer 2 Marks8. Construction Engineer (Site engineer) 2 Marks

(for quantity survey/ billing/constructionsupervision, etc.)

9. Interior Designer 2 Marks10. Mechanical Engineer 1 Marks11. Electrical Engineer 1 Marks12. Instrumentation & Control Engineer/

IT Expert 1 Marks13. Safety Engineer /Expert 1 Marks14. Financial Analyst 1 Marks15. Legal Expert (Contract Specialist) 1 Marks16. Nallah/Drainage Expert 1 Marks17. Road Work Expert 1 Marks18. Surveyor 1 Marks19. Supervisors 1 Marks20. Auto CAD Draftsman 1 Marks21. Lab Technician 1 Marks

The weightage to be applied for qualification,experience etc. of the staff for the assignment areGeneral qualification - 30%

Above Master Degree – 1.00Master’s degree - 0.75Graduate degree - 0.50

Relevant Experience - 40%

Above 15 years -1.00Above 10 and up to 15 years - 0.75Below 10 years - 0.50Full time permanent staff – 30%More than 2 years - 1.001 to 2 years – 0.50

GroupNo


Criteria

Team Composition – Key PersonnelAll the key staff proposed shall be regular full time employees of the firm for not less than 12months and the age of maximum 65 years shall be considered prior to date of submission ofthe proposal.However in case of Financial Analyst and Legal Expert the experience of the person engagedby the consultant for their firm may be considered.Copy of the TDS/PF statement of staff must be attached as a proof.

No Position Qualification Minimum Experience in Years1 Project Manager (Team Leader) MBA/ M.E. with 15 year's experience in project

management of infrastructure project.2 Structural Design Engineer ME in Structural Design Engineering with 10 year's

in designing of structures3 Geotechnical Engineer M.E (Geotech. Engg.) with 7 year's experience in

soil investigation and geotechnical works4 Architect B.Arch. with 10 year's experience5 Procurement Engineer/

Contracts Evaluation EngineerB.E. with 7 year's experience

6 Construction Manager M.E./ B.E. with 10/15 year's experience in projectmanagement of major infrastructure project.

7 Quality control & QualityAssurance Engineer

B.E. (Civil) with 7 year's experience

8 Construction Engineer (Siteengineer) (for quantity survey/billing/construction supervision,etc.)

B.E (Civil) with 5 year's experience or Diploma(Civil) with 15 year's experience

9 Interior Designer B.Arch. (Interior Specialist) with 5 year's experience10 Mechanical Engineer B.E. (Mechanical Engg.) with 5 year's experience11 Electrical Engineer B.E. (Electrical Engg.) with 5 year's experience12 Instrumentation & Control

Engineer/ IT ExpertB.E. (Instrumentation & Control/IT) with 5 year'sexperience.

13 Safety Engineer /Expert Degree/Diploma with 5/10 year's of experience.14 Financial Analyst CA/ ICWA or Equivalent with 10 year's experience

or MBA in finance with 15 year's experience ofworking in Infrastructure projects.

15 Legal Expert (ContractSpecialist)

LLB in general and Associated Member of companySecretary with 15 year's experience in Techno-Legal Arbitration, Litigation and company secretarialservices.

16 Nallah/Drainage Expert M.E.(Env. Engg.)/ B.E. (Civil) with 7/10 year'sexperience.

17 Road Work Expert M.E.(Transport Engg.)/ B.E. (Civil) with 7/10 year'sexperience.

18 Surveyor BE(Civil)/Diploma (Civil) with 5/10 year's experience

No Position Qualification Minimum Experience in Years19 Supervisors Engineering Diploma20 Auto CAD Draftsman Diploma with 5 year's experience21 Lab Technician Diploma (Civil/Mech. Engineering) with 5 years

experience.22 Other required staff for

supervision of execution on fieldor for help as per requirement.

As essential/required and mutually agreed

Note:1. The Consultant may assess the requirement of the support staff mentioned in Sr no 22 at the

time of bidding.2. Actual requirement shall be decided in consultation with Engineer- In-charge of project of

C&DS during work programming of project. Accordingly, consultant shall have to engagesupport staff on field during execution.

3. In the evaluation, key staff mentioned above in Sr. No 1 to 21 shall be considered.4. In above table for evaluation M.E. means M.Tech or any equivalent Degree and B.E. means

B.Tech. or any equivalent Degree.

SECTION – 2(D)SPECIAL INSTRUCTIONS

SECTION – 2(D)SPECIAL INSTRUCTIONS

Information to Consultants

1.0 Submission of Proposal:

Your proposal shall be submitted in two parts, viz.

Technical proposal for qualification

Financial Proposal i.e. Price Bid.

The proposal is to be submitted on online and hard copy as described in the RFPdocuments. The consultant is advised to take care that all the formalities are completed asrequired. These include:

1. Bid processing fee of Rs. 23600.00 is paid and its scan copy of receipt is submittedonline by uploading scanned copy of the same.

2. EMD of Rs 20.00 lakh is paid in required format and its receipt / document is submittedonline by uploading the scanned copy of the same.

3. Selection of consultant by the agency will be quality and cost based selection (QCBS)method out of firms responding to the RFP.

2.0 Technical proposal for qualification:

The technical proposal for qualification shall demonstrate firm’s general and specificexperience in project management, supervision of construction, inspection and qualitycontrol aspects of project typically having components pipes, pumps, motors, valves etc.The technical proposal should also demonstrate resources for carrying out engineeringsupervisor services.

The technical proposal shall also demonstrate the Firm's understanding of the projectrequirements and of the requisite tasks set forth in the Request for Proposal, as includedin Section - 4. The technical proposal shall not contain any cost information whatsoeverrelated to the Services to be rendered. The information and documentation to be providedin the technical proposals is listed below and shall be provided in the specific format asindicated in Section – 3.

(a) Information of the history, background, organization, registration and legal status (Pvt.Ltd., Ltd. Co., Partnership, etc.) and on general experience and experience of similarnature as the services put to proposal of your Firm.

(b) Descriptions, in the format enclosed, of the works carried out by consultancy Firm, ifany. The experience so claimed shall be limited to projects for which your Firm andassociate(s) were legally contracted as (a) corporate entity(ies).

(c) Financial information regarding your Firm.

(d) A description of the general understanding of the Firm about the projects and theapproach the Firm will take to carry out the services based on the requirements of theRequest for Proposal. Such description may include as deemed relevant and alsocomprise comments on the Request for Proposal or other aspects of the services tobe rendered. e.g. site supervision procedures, methods of measurements and acting

in the capacity of Engineer in the manner determined, which may contribute toperformance in carrying out the services.

(e) A work program, which shall distinguish clearly between the phases of

Checking and approval of detailed design and construction documents of thecontractor.

Pre-Contract work

Contract Management, inspection of materials and supervision of constructionworks.

Defects Correction Supervision

Post contract work Supervision

For each phase, the program shall include an organization chart, an activity Bar-Chartand a staffing schedule, consistent with the construction contract information enclosedherein or otherwise made available to the consultant. The staffing schedule shallclearly indicate the duration of the assignments of proposed staff to be employed onthe site of the works and elsewhere. Generally, it is considered that a competentconsultant is able to carry out the pre-contract work with minimal time inputs. In takingaccount of this, consultant may presume proper coordination by the Client betweenthe mobilization of the consultant and the contractor.

Regarding project management, inspection of materials and Supervision ofconstruction, Consultant shall consider the need for staff inputs such that standardProcedures of C&DS are adhered to while any checking of contractor's work andsubsequent approval of certificates for payment by the Client can be carried outquickly and efficiently.

The consultant must establish proper system for site working procedures,documentation and communication. The Consultant is expected to provide full-timestaff for qualitative and quantitative inspection of works', experienced in works likeArchitectural, reinforced concrete construction, mechanical and electrical installationincluding instrumentation.

In determining staff inputs, Agency shall give due attention to certain complicatedparts of the construction works, which will in particular cases be carried out under daywork provisions like e.g. rehabilitation of existing facilities, etc. However, dependingon the caliber of the proposed staff, additional inputs for such parts of the works shallbe deployed.

Under this consultancy, Agency will be required to appoint a “Project Manager/Team Leader for project management services including constructionSupervision Services & inspection of materials” to act on his behalf in managingoffice works & site supervision in carrying out all contractual and administrativeactivities based on the requirements of the Request for Proposal. The “projectmanager or person authorized by project manager” is key functionary andevaluation of the technical proposals will be influenced significantly by the caliber ofthe person proposed; apart from being management expert / technically competent,he must be familiar with and capable to carry out all procedural activities required.

To provide proper contract management, inspection of materials and supervision ofconstruction, it is expected that, for the purpose of this Contract Agreement,supervision during the defects correction period will be limited to routine site visits, bythe “Project Manager” to ensure outstanding work is completed and to supervise thefunctioning of the trained operators. Any other requirements will be on a Client-demand basis and paid on pro-rata basis to rates entered into the ContractAgreement.

For all components of the service, Agency shall provide adequate backstopping fromhis head/ branch office. Whilst such backstopping will normally be considered part ofthe Firm's overheads, Agency may- depending on the caliber of the staff proposed-provide for this separately at risk to his financial competitiveness.

(f) A named list of proposed staff including location and duration of assignments as wellas proposed positions shall be submitted by the consultant. Number and thequalifications of the staff required are provided in the specific criteria.

Full curriculum vitae of all staff proposed, in the format enclosed, shall be part of thetechnical proposal. The curricula vitae shall comprise a description of academic ortrade qualifications and of previous exposure to work related to their proposedpositions.

(g) A list of facilities and provisions required to provide the service.

3.0 Financial Proposal

The financial proposal shall be quoted as a percentage of project cost for projectmanagement services including Supervision of construction and inspection of materialsas given in the price bid. This cost shall contain the details of costs together withbreakdowns as listed in the price bid.

(a)The costs shall be given for the following phases of work, i.e.

Contract management, inspection of materials & Supervision of construction

Defects correction supervision

Post Contract work

In due consideration shall be given of the pertaining descriptions of the Request forProposal as included in Section - 4 and of the following.

i.) The Project management, inspection of materials & Supervision of constructionperiod is “”, from date of work order issued to the Consultant, which includes thecontractor’s mobilization period. The Firm shall base his pricing on this duration andaccount for various items in the construction contract, material and equipment to beinspected at various vendor premises located anywhere in the country, review ofconstruction documents. It is clarified that the cost towards travel of consultant’sstaff for third party inspection in/outside UTTAR PRADESH shall not be reimbursedseparately by C&DS and it shall be borne by the consultant. Consultant mayincrease / decrease the staff as per work load of the project during particular stageof work’s execution but with the permission of Engineer – In – Charge in consultationwith Concern Head of project.(Engineer – In – charge means concern Project Manager of the concerned project)

ii.) The “Defects Correction Supervision” will be of duration of from the date of issue ofthe certificate of completion to the contractor. During this period, permanentpresence of Agency staff on site is not necessary. However, The Team Leaderduring contract management and Supervision of construction shall be on standby tobe available for a site visit at any time on 48 hours notice by the Client.

iii.) Post Contract Work will be of duration of four weeks and shall be used toensure:

The removal of all material, plant, equipment and staff from the site by thecontractor, agree with the Client and the contractor on all monies owed to or bythe contractor, including the remaining retention money, and release allguarantees and securities in accordance with the provisions of the constructioncontract.

After clearing up of the site by the contractor is complete, carry out all workrequired to close the construction contract administratively.

(b)For each phase of the works, Agency shall consider the costs on followingaccounts in his pricing.

i.) Professional staff

Requisite professional staff for project management services, services andinspection of materials & equipments. Some of these professional staff shall beat site of work, for which office setup will be required.

The price of the consultant shall be all inclusive of salaries, social charges,overheads, charges for travel of staff from home to site and field allowances forboarding and lodging, etc.

ii.) Transportation

The consultant shall make adequate transportation facilities including runningand maintenance, driver's wages, charges and allowances, consumables andany other accountable and variables. This facility shall be available throughoutthe period of project implementation. These facilities shall also be consideredwhile quoting Firm and fixed price under this project management consultancyservices.

iii.) Site Office and equipment

The price quoted by the consultant shall be all-inclusive for site officeaccommodation &equipment which shall cover rent/ depreciation, operation,running and maintenance, costs for document reproduction, communication,support staff like draughtsman, tracers, office staff, computer operator withAutoCAD knowledge etc. and any other accountable and variables.

iv.) Other expenses (if any)

(a) Any expenses not covered anywhere in foregoing paras but essential foreffective, efficient project contract management shall be covered in pricequoted by the consultant.

(b) Price quoted shall be fixed for the duration of the contract agreement, exceptas otherwise provided for therein.

(c) Cost as per the breakdown of price requested in the price bid to entered inrequired format provided. All rates and amounts shall be quoted in figuresand words. The rates in words shall be governing in the event of adiscrepancy between figures and words.

4.0 Joint venture is not allowed.

SECTION – 3TECHNICAL PROPOSAL - STANDARD FORMS

Sl.No.


1 3A Technical Proposal Submission Form

2 3B-1 Information on Consultancy firms organization

3 3B-2 ISO 9001 certification

4 3B-3 Information on blacklisting

5 3B-4 Deleted6 3B-5 Key Personnel’s Employment Details

For evaluation of MandatoryRequirement. Forms will beopened for those consultantswho have submitted EMD andBid Processing fee online aswell as in physical form

7 3C-1 Financial Information of Consultants firm

8 3C-2A Firms References in Building, Institutional&Commercial Complex projects in last seven years

9 3C-2B Firms References in Road work projects in lastseven years

10 3C-3A Firms References in Nallah work projects in lastseven years

11 3C-3B Firms References in Drainage projects in lastseven years

123C-4 Firms References in Water Retaining Structure

projects in last seven years

133C-5 Firms References in STP work projects in last

seven years

For evaluation of SpecificCriteria. Forms will be openedfor those consultants whohave passed the mandatoryrequirement

14 3D-1 Experience of the firm in Building works.

15 3D-2 Experience of the firm in Institutional&Commercial Complex.

163D-3A Experience of the firm in road works.

173D-3B Experience of firm in Nallah work

18 3D-4A Experience of the firm in drainage19 3D-4B Experience of the firm in water retaining structure20 3D-5 Experience of the firm in STP work

21 3D-6 Consultant’s proposed methodology and workplan

22 3D-7 Activity Schedule23 3D-8 Team Composition and Task assigned24 3D-9 Format for the Curriculum Vitae25 3E-1 Comments and suggestions on RFP and on data,

services, facilities to be provided by the client

For Technical Scoring. Formswill be opened for thoseconsultants who have passedthe mandatory requirementand specific criteria

FORM 3ATECHNICAL PROPOSAL SUBMISSION FORM

(Location, Date)

From :( Name of Firm) To: (Name & Address of Client)

Ladies/Gentlemen:

Subject: Selection of Consultant for Project management services including constructionsupervision services for various projects of C&DS.

We, the undersigned, offer to provide the Consultancy services for the above inaccordance with your Request for Proposal dated ------,. We are hereby submitting ourProposal which includes this Technical Proposal, and Financial Proposal submitted online.

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

We remain,

Yours sincerely,

Authorized Signature:Name and Title of Signatory:Name of Firm:Address:

FORM 3B-1INFORMATION ON CONSULTANCY FIRMS ORGANISATION

Sl. No. Information Details Remarks1 Name of the Firm :2 Year of incorporation : Certified copy of

incorporation to beattached

3 Place of incorporation :4 Type of organization

(Partnership/Privatelyheld/Publicly held)

:

5 No. of years of operation inIndia

:

6 Areas of business :7 Number of technical employee :8 PF Registration number :9 PAN Detail : Certified copy to be

attached10 Brief profile of the firm : Separate document

may be attached

Authorized Signature:Name and Title of Signatory:Name of Firm:

FORM 3B-2ISO 9001 CERTIFICATION

Sl. No. Information Details Remarks1 Name of the Firm :2 Year of receipt of ISO

Certification for the first time:

3 Name of ISO Auditor :4 Latest re-certification audit

held in the year:

5 Certified copy of the latestcertificate

: To be attached


FORM 3B-3INFORMATION ON BLACKLISTING

Sl. No. Information Details Remarks1

Was the consultant firm everblacklisted by any government/ non-government / privateagency/ organization/institution / funding agency atthe time of submission of thebid.

Attached affidavit, incase no history ofblacklisting

2 Is the consultant firmblacklisted at the time of bidsubmission?


FORM 3B-4

Deleted

FORM 3B-5KEY PERSONNELS’ EMPLOYMENT DETAILS

Sl.No.

ProposedPosition

Name ofthe Person

Date ofJoining of

Consultant’sFirm

No. ofyears of

experience

Number of yearsof Service with

the Consultant’sOrganisation

Permanent/Contract

Employee

12345........

Note: Attach Copy of the TDS and PF statement for each of the proposed key staff as perthe table above.


FORM 3C-1FINANCIAL INFORMATION OF CONSULTANT’S FIRM LAST FIVE YEARS

FY:2018-19

FY:2017-18

FY:2016-17

FY:2015-16

FY:2014-15

FY:2013-14

AnnualTurnover fromprofessionalfees of theConsultant’sfirm (Rs.Crore)

Note: (i) Attach Copy of the audited Balance Sheet certified by Chartered Accountant(ii)Firms are required to provide above information for only last five years.


FORM 3C-2AFIRM REFERENCE IN BUILDING, INSTITUTIONAL & COMMERCIAL COMPLEX

PROJECTS IN LAST SEVEN YEARS

Assignment Name : Country :

Type of Building: (FramedStructure/Load Bearing)Location within country : Professional Staff Provided by

Your Firm/ Entity (profiles) :

Name of Client : No. of staff :

Address : No. of Staff -Months; duration ofassignment :

Start Date(Month/Year) :

Completion Date(Month/Year) :

Value of consultancyservices:

Name of Associated Consultants, ifany :

No. of Months of professional Staff,provided by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) involved andfunctions performed :

Narrative Description of Project :

Description of Actual Services* Provided by Your Staff :

Note. : Attached separate sheet for each work.


FORM 3C-2 BFIRM REFERENCE IN ROAD WORKS PROJECTS IN LAST SEVEN YEARS


Location within country : Professional Staff Provided byYour Firm/ Entity (profiles) :













FORM 3C-3AFIRM REFERENCE IN NALLAH WORKS PROJECTS IN LAST SEVEN YEARS















FORM 3C-3 B

FIRM REFERENCE IN DRAINAGE PROJECTS IN LAST SEVEN YEARS















FORM 3C-4

FIRM REFERENCE IN WATER RETAINING STRUCTURE PROJECTS IN LAST SEVENYEARS















FORM 3C-5

FIRM REFERENCE IN STP WORKS PROJECTS IN LAST SEVEN YEARS















FORM 3D-1

EXPERIENCE OF THE FIRM IN BUILDING, INSTITUTIONAL & COMMERCIAL COMPLEX PROJECT WORKS

Sr.No

Name ofthe

Project

ProjectLocation

Type ofBuilding (RCC

FramedStructure/

Load Bearing)/SeatingCapacity(Persons)

Client Projectcost inRs. Cr.

Cost ofConsultancy

services

Statusof the

project

Dateof

start

Timelimit

Date ofcompletio

n

Actualdate of

completion

Actual cost ofconsultancy

12345......

Total

Notes:-1. Projects successfully implemented and commissioned between FY 2012-13 to FY 2018-19 are to be mentioned, chronologically2. Attach Client certification


FORM 3D-2EXPERIENCE OF THE FIRM IN INSTITUTIONAL & COMMERCIAL COMPLEX PROJECT WORKS

Sr.No

Name ofthe

Project

ProjectLocation

Type ofBuilding (RCC

FramedStructure/

Load Bearing)/SeatingCapacity(Persons)


Cost ofConsultancy

services

Statusof the

project

Dateof

start

Timelimit

Date ofcompletio

n

Actualdate of

completion


12345......

Total



FORM 3D- 3A

EXPERIENCE OF THE FIRM IN ROAD WORKS PROJECT

Sr.No

Name of theProject

ProjectLocation

Type of Road(Bituminous/RCC Road/

Others)

Length ofRoad (in

KM)

Client Project costin Rs. Cr.

Cost ofConsultancy

services

Status of theproject

Date ofstart

Timelimit

Date ofcompletion

Actualdate of

completion


1

2

3

4

5

..

..

..

Total



FORM 3D- 3B

EXPERIENCE OF THE FIRM IN NALLAH WORK PROJECT

Sr.No

Name of theProject

ProjectLocatio

n

SystemCapacity (m3/s)

Lengthof Nallah(in KM)


Cost ofConsultancy services

Status ofthe

project

Dateof

start

Timelimit

Date ofcompletio

n

Actualdate of

completion

Actualcost of

consultancy

12345......

Total



FORM 3D-4A

EXPERIENCE OF THE FIRM IN DRAINAGE PROJECT

Sr.No

Name of theProject

ProjectLocatio

n

SystemCapacity (m3/s)

Length(in KM)



Status ofthe

project

Dateof

start

Timelimit

Date ofcompletio

n

Actualdate of

completion

Actualcost of

consultancy

12345......

Total



FORM 3D-4B

EXPERIENCE OF THE FIRM IN WATAR RETAINING STRUCTURE ( RESERVOIR/ SWIMMING POOL etc.)PROJECT

Sr.No

Name of theProject

ProjectLocatio

n

SystemCapacit

y

Type(Sub-

Surface/Above

Surface)

Client

Projectcost inRs. Cr.

Cost ofConsultancy

services

Status ofthe

project

Dateof

start

Timelimit

Date ofcompletio

n

Actualdate of

completion

Actualcost of

consultancy

12345......

Total



FORM 3D-5

EXPERIENCE OF THE FIRM IN STP WORK PROJECT

Sr.No

Name of theSewerage

Project

ProjectLocatio

n

SystemCapacity (ml/d)



Status ofthe

project

Dateof

start

Timelimit

Date ofcompletio

n

Actualdate of

completion

Actual costof

consultancy

12345......

Total



FORM 3D-6CONSULTANT’S PROPOSED METHODOLOGY AND WORK PLAN

Consultant’s Technical approach, methodology and work plan for this assignment are to beelaborated in this sections, broadly under following sections:

a) Understanding of the TORb) Technical Approach and Methodology,c) Work Programd) Organization and Staffing

The write up should explain Consultant insight with respect to the objectives of theassignment, approach to the services, methodology for carrying out the activities andobtaining the expected output, and the degree of detail of such output. The Consultantshould also explain the methodologies propose to adopt and highlight the compatibility ofthose methodologies for the project envisaged.

Consultants should propose the main activities of the assignment, their content andduration, phasing and interrelations, milestones (including interim approvals by the Client),and deliverables. The proposed work plan should be consistent with the technicalapproach and methodology, showing understanding of the TOR and ability to translatethem into a feasible working plan. The work plan should be consistent with the suggestedWork program of the consultant

Consultants should also propose the structure and composition of the proposed team,indicating main disciplines of the assignment, the key expert responsible, and proposedtechnical and support staff.

FORM 3D-7ACTIVITY SCHEDULE

A. Construction Supervision including material inspection Service up to completion of DLP.Month-wise Program (In form of Bar-Chart)Sl. No. Item of

Activity(Work)

Ist 2nd 3rd 4th -- -- -- --

Notes:(1) Consultant should proposed a typical schedule envisaged by him for

a. Construction Supervision including material inspection Service up to completion of DLP. for a projects of monthsduration.( and for month DLP )

b. Indicating key milestone and detailed activities should be identified and listed in the form.

FORM 3D-8Team Composition and Task Assigned.

Sr no Category No ofstaff

Name

EducationalQualification

Number ofyears of

experience

Number ofyears

employedwith the

firm

Task Assigned Man monthproposed for

month durationof service of the

consultantI: Key staff

1 Project Manager (Team Leader)

2 Structural Design Engineer

3 Geotechnical Engineer

4 Architect

5 Procurement Engineer/Contracts EvaluationEngineer

6 Construction Manager

7 Quality control & QualityAssurance Engineer

8 Construction Engineer (Siteengineer) (for quantity survey/billing/constructionsupervision, etc.)

9 Interior Designer10 Mechanical Engineer11 Electrical Engineer

Sr no Category No ofstaff

Name

EducationalQualification

Number ofyears of

experience

Number ofyears

employedwith the

firm

Task Assigned Man monthproposed for

month durationof service of the

consultant12 Instrumentation & Control

Engineer/ IT Expert13 Safety Engineer /Expert14 Financial Analyst15 Legal Expert (Contract

Specialist)16 Nallah/Drainage Expert17 Road Work Expert18 Surveyor19 Supervisors20 Auto CAD Draftsman21 Lab Technician22 Other required staff for

supervision of execution onfield or for help as perrequirementNote:1. Actual requirement shall be decided in consultation with Engineer- In-charge of project of C&DS

during work programming of project. Accordingly consultant shall have to engage support staff onfield during execution.

2. In the evaluation, key staff mentioned above in Sr. No 1 to 22 shall be considered.

Page No. 70

FORM 3D-9FORMAT FOR CURRICULAM VITAE

1 Proposed Position :

2 Name :

3 Date of Birth :

4 Nationality :

5 Education(The years in whichvarious qualificationswere obtained must bestated)

:

6 Other Training :

7 Languages and Degreesof Proficiency

:

8 Membership ofProfessional Societies

:

9 Countries/State of workExperience

:

10 Employment Record : (Starting with present position. List inreversed order employment held)

Dates : From to

Employer :

Position Held andDescription of Duties

:

11 Detailed Tasks Assigned(List of tasks one by oneand support each task byproject experience on theright hand side)

: Work Undertaken Which Best IllustratesCapability To Handle The Tasks PertainingTo The Proposed Position

: (List project names, locations, years,positions held, i.e. supervision engineer,site inspector, etc. with exact dutiesrendered and time spent on each project)

12 Certification : I, the undersigned, certify that, to the bestof my knowledge and belief, this bio-datacorrectly describe myself, my qualificationsand my experience.

I/We understand that any willful mis-statement described herein may lead todisqualification.

Signature of Named Person :

Page No. 71

Authorized Signature: :

Name and Title of Signatory: :

Name of Firm: :

Note: Consultant presented in format other than this will be rejected

Page No. 72

FORM 3E -1Comments and suggestions on the Request for Proposal and on data, services, and

facilities to be provided by the Client

On the Request for Proposal:1.2.3.

4.

5.

On the data, services, and facilities to be provided by the Client1.2.3.

4.5.Consulting Firm's Name :


Page No. 73

SECTION – 4BROAD SCOPE OF WORK

AND TERMS OF REFERENCE FORPROJECT MANAGEMENT SERVICESINCLUDING

CONSTRUCTION SUPERVISION SERVICES

Page No. 74

SECTION - 4BROAD SCOPE OF WORK AND TERM OF REFERENCE

FOR PROJECT MANAGEMENT SERVICES INCLUDING CONSTRUCTIONSUPERVISION SERVICE

Background Information

The U.P. Jal Nigam is a Public Sector Undertaking of the Government of U.P. andhas approximately 4500 Engineers. U.P. Jal Nigam has constituted a commercialwing named C&DS.

This wing started with a meager turnover of Rs.99 Iakhs in 1989-90 which soaredhigh to Rs. 63856.89 lakhs in the year 2008-09, thus achieving a growth of 600times during the last 20 years. Since inception Construction & Design Services hascompleted 6578 schemes costing Rs. 2333.97 crores and 1652 scheme costingRs. 3308.19 crores are in different stages of completion.

C&DS is equipped with the requisite expertise and wide-ranging experience toundertake Lump Sum Turnkey (LSTK) contracts with single-source responsibility.LSTK assignments are executed using state-of-the-art design tools and projectmanagement techniques.C&DS's track record covers every facet of industrial sector and infrastructuredevelopment projects.

1.0 Service Spectrum

C&DS's Range of Services Includes :

Pre-engineering, feasibility studies and detailed project reports. Engineering, design and consultancy services. Complete civil and structural construction services for all types of buildings,

industrial and infrastructure projects. Complete mechanical/electrical engineering including fabrication and erection of

structural steel works, manufacture, supply, erection, testing and commissioning ofplant and equipment, heavy lift erection, high-pressure piping; fire-fighting, HVACutility piping networks.

Page No. 75

2.0 Background of this consultancy service

(a) This Request for Proposal (RFP) is of this consultancy service for selection andappointment of Consultants Project Management Services includingConstruction Supervision for various projects. The works will be undertaken onbehalf of the Government and funds for the works will be obtained from thestate Govt./Govt. of India.

(b) The projects as a whole are monitored by the CONSTRUCTION & DESIGNSERVICES (C&DS) intends to appoint a consultant for execution of the projectswith respect to Bid process management, construction supervision andinspection of materials. The projects are being implemented on modular basisand in a phased manner. The eligible payments under this contract shall bemade from the funds received from the government and funding agencies.

(c) The extent of services of the PMC consultant will be to monitor the various typeof contracts and to carry out third party inspections of works as well asmaterials, material testings and preparation of various related reports.

3.0 Works subject of the consultancy service:

Broadly the Consultant will provide assistance to client in overall projectmanagement and implementation of the Item rate/ EPC / Turnkey Contracts thatincludes:

Review of contractor’s construction document,

Inspection of materials, machineries and equipment

Construction Supervision and Contract Administration,

Testing of materials

Assist in commissioning activities

Services during defects liability period”.

4.0 Appointment of agency for project management services including construction,supervision services

(a) C&DS intend to appoint Consultants for Project Management andConstruction Supervision Consultancy services from qualified, technicallycompetent, experienced consultancy agencies with a view to ensure qualityassurance, timely completion of the projects within the determined costs andwithout any time and cost overrun.The consultancy work shall be for new works or for re-modeling/ renovationof the existing project or for the project in which DPR is already availablewith C&DS

(b) The C&DS will appoint a reputed Consultancy Firm, having adequateexperience in similar projects which shall act as the Consultant for thepurposes of overall management of the projects during the contract period.

Page No. 76

The role of Consulting Firm will be mainly in the areas as described in para3.0.

(c) The Consulting Firm shall act as an extended arm of the client in thetechnical and contractual issues connected with the implementation of theproject. The agreement are deemed to be a part of this RFP, in so far as theduties and obligations of the Consulting Firm are concerned, and theConsulting Firm shall equipped himself to the letter and spirit of theagreements.

(d) The projects identified are ongoing works under the existing contracts. Theprojects under the consultant’s scope are to be managed from constructionsupervision and implementation stage. C&DS will decide the priority of theprojects to be taken up under this assignment and inform he consultantprogressively.

5.0 Broad scope of work : Review of Contractor’s Design and drawings

The consultancy work shall be for new works or for remodelling/ renovations of theexisting project or for the project in which DPR is already available with C&DS.The scope of consultant shall be as under.

(a) Review of Contractor’s Design and drawings

The consultant shall review proof check and furnish comments / advise/ recommendations on the acceptability of detailed designs, drawings,data sheets, vender data, including all documents / data / design to befurnished by the successful contractor of the work at the time ofconstruction / manufacture, erection, commissioning, testing of theworks, till takeover of the works by the employer in accordance with theconditions of contract applicable. In case of major construction work,consultant will arrange vetting of designs by IITs. The consultant shallcontinue to perform this activity till all the designs, drawings, furnishedby the contractor are approved as good for construction by theemployer on the recommendations of the consultants. Review thedesign prepared by the contractor including the following:

Civil and Structural designs with reference to BIS and other codesapplicable

Equipment vendor design / drawings / data for all mechanical, electricalequipments instruments and systems

Final civil/structural drawings and general assembly drawings for allworks

Prepare construction drawings for civil works and structural works asrequired.

Consultant shall compile and furnish all the as built drawings/ designsfor each of the contract carried out under the project.

Page No. 77

Note: “Consultant shall furnish their final clearance within 15 days afterfirst submission of design, drawing etc. by contractor duly complying allkinds of observations.Consultant shall discuss personally with the field officer of C&DS and therepresentative of the contractor for avoiding delay in the clearance of thedocuments.’’

(b) Construction Management Services

Broadly, following scope is envisaged

Ensure environmental and social safeguards as per standard practices

Scrutinize construction methods proposed by contractor includingenvironmental, safety, personnel and public issues

Monitor the construction methods by assessing the adequacy of thecontractors input materials, labour, equipment and constructionmethods;

Examine the soil/Strata condition at Structural location and check for itssustainability for foundation

Assist the C&DS in obtaining utility diversions, connections and anyclearances from different service Departments such as Revenue,Railways, Highways (National &State), Pollution Control Board,Telephone, Electricity Department etc. for the purpose of executing theworks without any delay

Supervise and Monitor construction work of each and every stage ofcontract package as per the schedule of each works.

Supervise construction works from start to finish by using the modernmethods of control. Verify the setting out of the works done by thecontractors and ensure that it is as per drawings and designs. Ensurethat the works adhere to the levels, alignment and dimensionsspecified in the approved drawings and designs.

Establish Quality assurance system including verification of source ofall the material and certification;

Supervise the works to ensure conformance of construction works andmaterials to relevant IS standards/ Bid specifications/ Designs/drawings. Approve materials and quality of works based on test resultsproduced by the works Contractor, factory inspection, site testing etc.(Quality control)

Factory Inspection of equipment under the project

Assist in record measurements in measurement books at variousstages of works, verification of measurement and certification ofpayments based on recorded measurements jointly with theDepartmental Officers during each stage. In case of such of those

Page No. 78

works where measurements are hidden after completion, as in thecase of foundations, reinforcements in RCC structures etc., checkmeasurements are to be carried out immediately after each activity iscompleted.

Monitor and achieve progress with reference to pre-fixed targets drawnup jointly with the Contractors and furnish monthly progress reports inthe formats as decided in consultation with the C&DS.

Advise on extra claims and time extension on works contractdemanded by the contractor. In case of any need for execution of non-tendered items of works, take advance action to prepare specifications,carry out rate analysis with supporting documents and got approved bythe competent authority to take further action strictly as per theconditions in the bidding documents.

Co-ordinate with all concerned agencies and C&DS to be appraised ofall.

To ensure strict compliance of labour laws by the contract RFP Firm.

Inspect and certify that the works are completed according to thespecifications on final completion before final settlement of bills.Prepare completion of work report for all the works.

Obtain as-built drawings for all the works from the contract RFP, verifythe correctness and furnish to the C&DS. Obtain O&M manual from thecontract RFP after completion and before commissioning the scheme.

Inspect all the completed works once in two months during the defectsliability period of 12 months and assist the C&DS in ensuring that thecontract RFPs attend to all kinds of construction /laying defects broughtto their notice.

Prepare monthly project progress reports describing the physical andfinancial progress of each package, highlighting impediments to thequality and progress of the works and remedial actions, for submissionto the Client.

Prepare periodic Statement of Expenditure for getting reimbursementof expenditure in external funded projects

In case of dispute, arbitration arising during the PMC servicesconsultants will assist the C&DS.

To assure the safety measures of the construction site.

6.0 TERMS OF REFERENCE FOR PMC & CONSTRUCTION SUPERVISION SERVICES

6.1 Preamble

The consultant shall provide consultancy services for project management includingSupervision of construction and inspection of Materials for Projects/Works as per theterms set forth herein. The works will be undertaken up by the EPC contact underthe control of client with the help of Project Management Consultant.

Page No. 79

The project as a whole is monitored by the consultant. For the purpose of the worksimplementation, the project management including supervision of construction &inspection of materials shall be the scope of the project management consultantappointed under this contract.

6.2 Works subject of the consultancy service

Whatever items are to be executed by the EPC contractor and to be managed,inspected and supervised by the Project Management Agency. The client hasalready entered in to the contract for execution of the works and such schemes willbe identified under the consultant’s scope. The PMC consultant will act forsuccessive implantation of the project.

6.3 Appointment of consultant

C&DS intend to appoint a reputed consultant having adequate experience in suchprojects. The role of the consultant will be to prepare bid document, to carry outevaluation of bids, assist C&DS in finalizing the contractor, provide projectmanagement and construction supervision services covering review of design andapproval, construction supervision, inspection, and determining and ensuringcompliance with the Technical Requirements, the Performance Standards,management the progress and certification of measurements and payments duringthe contract period.

6.4 Scope of work – Explained in paragraph 6.11 below

6.5 Consultant’s general obligations

(a) The broad role of the consultant shall be to act as the Client's representative for:

Detailed checking and approval of Structural design as well as process

Design submitted by the contractor

Check of survey and settings

Construction supervision, Quality Assurance and Progress Management andinspection of mechanical and electrical equipments

Measurements / scheduling and certification

Reporting

Other activities related to the technical and contractual aspects of the constructionof the Project.

(b) Consultant shall, during the pre-construction period, inspect the project site on dayto day basis in order to determine the progress of mobilization. The Consultant shallmonitor the progress of surveys and setting out, review the construction drawingsubmitted by the contractor and the extent of compliance with the TechnicalRequirements and the Performance Standards stipulated for the Facility, as well asconformity to the Contractor's proposals.

(c) The Consultant shall, during the construction period, be available on a continuousbasis at the project site in order to supervise, inspect, monitor and certify the works,and conformity with Technical Requirements and the Performance Standardsstipulated for the Facility. The Consultant shall also monitor the progress of setting

Page No. 80

out, and review the construction drawings and as-built-drawings submitted by thecontractor. The Consultant shall also perform functions of certification of payments,adherence to project program, and reporting. The Consultant shall be responsible togenerate the data/reports required to be submitted to Client on a periodic basis asrequired in the contract agreement and also give opinion for contractual matter viz;excess, extra items, extension of time limit and other contractual matter.

(d) The Consultant shall, during the defects liability period, inspect the Project Site atintervals as and when required to monitor technical performance of the Project.

(e) The Consultant shall report to the Client at very frequent intervals, on a daily,weekly, and monthly basis, such details as are mutually agreed between the Clientand Consultant. Apart from period reports, the Consultant shall intimate the Client inwriting of any deviations from the Technical Requirements and PerformanceStandards.

(f) It is reiterated that the contract is EPC/other forms also, the Client binds thecontractor only on performance. The measurements and reviews do not constituteapproval rights as between the Client and the contractor, but in so far as theConsultant is concerned, he shall ensure that a complete internal record of the workis available. The Consultant shall ensure that his inspections do not impede thedesign, construction and operation and maintenance of the Facility.

(g) The Consultant shall be required for

Detailed checking and approval of Structural design as well as Process & HydraulicDesign submitted by the contractor.

Review and approve the Quality Assurance and Quality control plan.

Review and approve the Program Schedule.

Review and approve the construction drawings.

Carry out day-to-day site supervision for quality control.

Assisting in taking and recording the measurements, preparation of the bills anddimension control. All the measurements are to be taken and recorded by anauthorized engineer of C&DS. The measurement recorded by the authorizedengineer of C&DS will be certified by the PMC Consultant.

Witness the testing and inspection of materials of construction and the inspection ofthe mechanical, electrical as well as automation components of the project at factoryanywhere in India. The inspection of materials will be done at factory and site byPMC consultant in all over UTTAR PRADESH and outside UTTAR PRADESH

Monitor Work program, identify slacks and slippage, and suggest remedialmeasures.

Monitor adequacy of manpower, machinery and other resources to meet the target.

Co-ordinate the review meetings.

Review and certify milestone payments.

Review and verify variations due to excess extra item and advise in valueengineering.

Page No. 81

Review and advice on time extensions.

Monitor implementation of quality assurance procedures.

Generate and compile reports as required under the contract agreement.

Review and certify stages of work such as Taking Over, Construction

Completion and Maintenance certificate.

Ensure the Environmental and Social covenants are implemented duringconstruction.

Monitor operations & maintenance of system and safety at site.

Assist clearance in ROU matter and getting approval from authorities for variousactivities.

Any other work which may deem fit and decided by the client in consultation with theconsultant.

6.6 Reporting and co-ordination

The Consultant (and his staff) shall report only to the Client's representative. TheConsultant shall not exercise any direct control over the contractor, but shall reportto the Client's representative who shall be the sole point of contact with theContractor. The Client shall also have senior and supervisory staff as required atsite. The contracts shall provide for a Consultant to supervise the contractagreement. Similarly the Lenders may appoint a Lender's engineer. The Consultantshall co-ordinate with all such persons for the fulfillment of obligations, but shallreport solely to the Client's representative.

The consultant shall submit daily report, weekly report, monthly reports, Quarterlyreport, Half yearly report, and yearly reports as per the requirement of the C&DS.

6.7 Project team

The Consultant shall be required to form a multi-disciplinary Project Team for thisassignment, from the areas given below;

Project Management.

Structural Engineering

Mechanical, Electrical, Instrumentation.

Quality Assurance and Quality Control.

Contract expert.

Specific field of Engineering as per requirement of work to complete the projectsatisfactorily.

Sewage Treatment Plant Expert

Construction supervision expert

Inspection Expert

The Consultant Team shall also have multi-disciplinary skills with various experience

Page No. 82

in management of the Environmental Management Plan.

− Geotechnical Engineering / Foundation Engineering / Soil Mechanics

− Geo-hydrologist

− Legal

− Financial expert

− Safety engineer

6.8 Assistance from client:

Client would help in co-coordinating site visits and also any clarifications sought byConsultants, before the Proposals are submitted.

The Consultants would be assisted by client obtaining relevant information from theauthorities as well extend co-operation on following areas:

a) Exchange of data and information related to the study.

b) Day-to-day interactions and management of activities to enable active projectmanagement, issue letters of authority to consultants to facilitate activitiesrelated to Assignments and collection of data from Government Departmentsand other agencies.

c) The Terms& Conditions, Contract Agreement with detailed scope of work ofItem rates/ EPC / TURN KEY /other type of Contract shall be made availableto the consultant

6.9 Phasing of and location for consultancy services

The Consultancy services are to be rendered in following four phases together withthe locations:

a) Pre-Contract work :Office / site, as appropriate

b) Contract Management, Construction Supervision Site / at venders premisesMaterial inspection anywhere in India

c) Defects Correction Supervision site

d) Post-Contract work Office site as appropriate

6.10 Procedures and authority level:

(a) The Consultant shall carry out the Services as defined in Clause 6.11 of theseTerms of Reference or as otherwise required for efficient works' execution,while acting in the capacity of the "Representative of the Client" according to theintentions of the "Conditions of Contract", which form part of the tender/contractdocuments for works execution and shall be available for review at the C&DS.The "Conditions of Contract" clarifies in detail, the duties and authorities of theConsultant and of his representative, to whom the Consultant may delegateduties and authorities as required.

(b) Principally, the Consultant have to carry out the day-to-day qualitative and

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supervision of works execution and construction contract administration onbehalf of the Client following the laid down procedures.

The powers vested in the Consultant there to under the terms and conditions ofthis Contract are subject to limitations as stipulated in the above said"Conditions of Contract" in respect of taking major steps in construction contractadministration notably referring to.

approving assignment and sub-contracting issuing a notice to commence

certifying additional costs and payments

determining extensions of time

issuing a certificate of substantial completion

issuing a defects correction certificate

for which the specific approval of the Client in writing shall be needed inadvance.

(c) Whilst therefore being fully accountable to the client in ensuring that the worksare executed within the tender cost or such other sum as may become payableto the contractor under the provisions of this contract and within the scheduledtime for completion, the Consultant also has duties towards the contractor inadministrating and interpreting the contract properly and fairly to maintain thework schedule and to avoid disputes. There to the Consultant shall ensure thatthe Client's and the contractors’ rights under the construction contract areupheld by ensuring good verbal and written communication between himself,the Client and his representatives and the contractor and his representatives.The Consultant shall follow the contractor's progress carefully and forecast wellahead the needs for critical actions to be taken. He shall ensure, that items witha lead time or otherwise not readily available e.g. Mechanical etc. installationitems are ordered well in time by the contractor. He shall also ensure thatexcessive quantities of materials are not ordered where the delivery of suchquantities could cause difficulties on site or the materials could deteriorate.

(d) In particular, the Consultant shall ensure that payments to the contractor can bemade on time by giving ample notice and opportunity to the Client'srepresentative to carry out whatever quality checks and measurements he maywish prior to authorizing payment of amounts certified by the Project Engineer.The Consultant shall therefore agree with the Client's representative on aregular basis and well in advance on items on which the Client'srepresentative wishes to carry out checks and measurements and on theextent of such checks and measurements. Provided that the Clientsrepresentatives has been given adequate notice in writing to carry out his ownchecks and measurements but fails to do so, works execution will continuewithout delay and payment of the amounts certified by the Consultant will bedeemed to be authorized. In such events, the Consultant shall state in writingto the Client that he was requested to carry out his own checks andmeasurements but failed to do so. This Clause is not in any way limiting theClient's rights to carry out spot checks and measurements at any time.

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The Project Engineer, during the contract, shall provide the Client with monthlyreports indicating physical progress compared to the work schedule and costaspects including amounts certified so far and during that month and any financialimplication in the reports, the Consultant shall also include observations andcomments on testing results and quality of workmanship.

6.11 Broad Scope of work – Construction supervision stage

The Consultant shall carry out duties and authorities which include, without beinglimited to them, the following functions and tasks by phase of work.

6.11.1 Pre-Contract work

Read and understand the concept of the details of the works and of the Servicesfrom the various documents prepared by or on behalf of the Client.

Inspect all existing surveys, mapping and other site data to determine andidentify additional work as required to provide the contractor with sufficientinformation to execute the works with no claims or time extension.

Jointly with the Client, develop formats for reporting and recording.

Mobilize all staff and other requirements well in time to carry out the services.

Technical and financial evolution of the bids

6.11.2 Contract Management, Construction supervision and inspection of materialsmachineries & equipment.

a) Contract Management

Within the powers granted to the Consultant, administer the constructioncontract on behalf of the client.

Work closely with the client, to assist him to carry out his obligations under theconstruction contract in order that the contractor is not hampered in any way incarrying out his duties.

ensure that the contractor carries out the works in accordance with theconstruction contract and assist the contractor therewith, all to enable thecontractor to fully carry out his obligations within the tender total or such othersum as may become payable to him under the provisions of his contract andwithin the scheduled time for completion.

Liaise between the Client and the Contractor to ensure good communicationbetween all parties such that disputes do not arise and that any such disputesare settled reasonably and amicably and assist in any adjudication.

Keep accurate records of all site activities and operations and those requiredelsewhere for efficient works execution from the contractor and others under theconstruction contract, including but not restricted to

- Correspondence between client, Consultant and contractor as well asbetween them and third parties.

- Minutes of scheduled meetings

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- Daily, weekly and monthly report from the Engineer's representative and thesite inspectors

- Instructions, variation orders, approval forms, etc.- Level and survey books, including checks on setting out and completed work.- Work records, such as measurements, levels, dimensions, drawings and

material delivery notes.

b) Progress Reports based on Prima Vera or M.S. Project software charts anddrawings

− test data and laboratory reports− plant and labor returns− day work records− financial records, including interim statements plus supporting particulars and

certificates administrative records concerning leave, sickness, accidents,where applicable as submitted and as corrected, if necessary.

c) Work's programming:

Agree with the Client on the overall construction program.

Agree with the contractor at the start of the works on his detailed work program.

Monitor progress of the works and ensure that the contractor, as and whenrequired, produces revised programs.

Ensure that the contractor allows for sufficient lead time for the provision of allmaterials, plant, equipment and labor to avoid hold ups or bottlenecks.

Timely devise, jointly with the contractor, a plan of action for detailedinvestigations and testing of existing facilities, if any to be incorporated in thepermanent works.

prevent any hold ups due to factors beyond the control of the contractor,including such factors in the hands of the client like granting of access to allparts of the site, provision of certain facilities and storage areas, obtaining ofrights of way and way leaves and any such other items which are the duty of orwhere assistance is to be given by the Client

assist the contractor in case, notwithstanding the above time problems notcaused by him occur in making up for any lost time or in negotiating interimextension of time

finalize the no. of personnel to be engaged for particular project in consultationwith engineer in charge

d) Inspection of Materials, Machineries and Equipments

Inspection of Materials, Machineries and equipment sat the place ofmanufacture within UTTAR PRADESH and outside UTTAR PRADESH in thecountry.

The inspection shall consist of preparation of methodology sequences andsystem report inclusive its commissioning for each category works ensuring

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quality assurance and control so as to achieve the desired objective andsustainability of the system for the anticipated serve life to each category.

Any effective modification found necessary during their inspection process forachieving the designated aim shall be brought to the notice of the Client andobligatory on the agency.

Typical inspection checklists shall be prepared for each category of works oneach operation and activities with reference to documents and standards. Theacceptance / rejection report through the concerted inspection engineerensuring all the points shall be mandatory.

The inspection system and procedure shall be prepared and maintained on day-to-day basis. The inspection crews shall have guidelines, test plans, scope ofinspection, procedures, checklists and various formats to carry out inspection ina systematic method.

The computerized inspection reports shall have to be prepared.

The inspection report on based on factory and / or onsite inspection shall besubmitted to the engineer-in-charge of the project, periodically as perrequirement.

All stationary, drawing stationary, design facilities, reprographic facilities etc.shall be provided by Consultant at his own cost.

The Consultant shall issue necessary certification on progressive completion ofeach category of work after ensuring quality control and assurance so as toachieve the designed objectives of the particulars works. The certification shallbe based on satisfactory adherence of the system and procedures of theinspection.

e) Review and Approval

Study of contract documents for civil, mechanical and electrical works

Inspection of Test Plan (ITP) prepared by the contractor / Vendors

Review of quality assurance plan.

Welding procedure, testing procedure etc. prepared by the contractor.

Checking and inspecting Factory / field laboratories provided by Vendor/contractor to conduct laboratory tests.

Test certificates / reports of materials to be used for finished product for use inconstruction and installation.

Provide construction as well as supervisory staff on regular basis at site of workduring excavation, foundation, any type of concreting, supply, laying and testing.

The support field staff shall have to remain present during concreting works forsupervision and quality control as per the tender specification and also keep thework related record.

Construction field staff shall be provided in consultation with Engineer in Chargeas under

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1. Construction Engineer as per annexure-C2. Support staff for field execution level (Degree/Diploma/ITI) for reinforcementchecking, concreting, all types of activities related to the project as per workrequirement.3. Record keeping personnel to be engaged depending upon the site of work,Cost of the work, quantities involved etc.

f) Quality surveillance:

Foundation approval Construction material

M.S. Bars, Sections, Specials Material & fittings, etc.

EOT – Cranes

Window Air Conditions

Exhaust Fans

Welding electrodes

Ordinary port land cement

Slag Cement

Building materials steel, cement bricks, coarse aggregates, sand etc.

Power transformers

3.3 to 11 KV switch gear

Capacitors with Panel

415 V – Switch gear

Air circuit Breakers

Starters

Contactors

Current and Voltage Transformers

Indicating Meters

Terminal Blades

Lighting fixture

Protective Relays

LT/HT cable & cable termination

Miniature circuit Breaker

Instrument and control cables

Programmable logic controller

Local central panel

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Rader type Measurement systems

Computers

Lightning Protection Unit

UPS

Panel Enclosure

g) Supervision of construction

Supervise the mobilization of the contractor, his staff, plant, equipment etc. andhis provisions for storage and other operating areas, paying particular attentionto land made available for the construction of the works, including rights-of-wayand way leaves.

Provide the contractor with points, lines and levels of reference, as madeavailable by the Client or otherwise established, and check the contractor’ssetting out his shall include the accurate locations and levels of all structures,the lines and levels of pipelines and the locations of accesses, storage areas,working areas, way leaves etc.

Check all construction materials and equipment arriving on site to ensure thatthey are in compliance with the lists of supplies submitted by the contractor andmeet the requirements of the specification and the applicable standards’ ensurethat all materials handling and storage is in accordance with the manufacturers’recommendations. Advise to the EPC contractor for safety measures &epidemics.

Monitor and inspect the contractor’s methods of construction for permanent andtemporary works, including false work, checking of centering & scaffolding,reinforcement and supervision of concrete & other civil work, as well asmaterials and equipment installation, workmanship and other site operations inregard of compliance with the requirements of the specification, the applicablestandards and the manufacturer’s recommendations, with all due attention beinggiven to adherence to safety codes, labour laws, either laws, bye-laws andregulations and avoidance of public nuisance.

Prepare and Issue to the contractor from time to time, as and when necessary,such further drawings, specification and instructions as required under theconstruction contract to enable the contractor to complete his obligations underhis contract in a timely manner.

Direct and witness from time to time such tests regarding construction materialsand equipment and workmanship as required under the construction contract tobe executed by the contractor or elsewhere and instruct the contractor toundertake corrective action in case of non- compliance with the specification orthe applicable standards.

Supervise the contractor’s detailed investigations and testing of existingfacilities, if any, in regard of compliance with the plan of action and decide onthe basis of the results of the testing on whether the said facilities are sufficiently

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sound to be incorporated in the permanent works without adversely effectinglater operation and functioning.

In the event of technical problems arising on site, assist the contractor inovercoming them in the interest of the Client. Within the tender total or suchother sum as may become payable to the contractor under the provisions of hiscontract and within the scheduled time for completion.

Agree with the contractor on the breakdowns of any provisional sums providedfor in the bill of quantities of the construction contract and issue instructions asregards the extent to and the manner in which the provisional sums will beexpended.

Upon having obtained approval of the client, issue variation orders or orderextension of time as required under the construction contract.

“ Provide construction as well as supervisory staff on regular basis at site of workduring excavation, foundation, any type of concreting etc. “

The support field staff shall have to remain present during concreting works forsupervision and quality control as per the tender specification and also keep thework related record.

Construction field staff shall be provided in consultation with Engineer in Charge asunder

1. Construction Engineer as per annexure-C2. Support staff for field execution level (Degree/Diploma/ITI) for reinforcement

checking, concreting, all types of activities related to the project as per workrequirement.

3. Record keeping personnel to be engaged depending upon the site of work,Cost of the work, quantities involved etc.

h) Review / Approval of the documents

Study of contract documents for Civil / Mechanical and Electrical work.

Inspection test plan prepared by the contractor for Civil, Mechanical andElectrical works.

Material test certificates for cement, reinforcement and major bulk materials.

All check test reports laboratory as well as internal for the materials convert,mortar etc.

i) Site Supervision of construction

Ensuring setting up of field laboratories

Contractors internal test on materials, concrete, mortar etc.

Proper alignment of pipeline trenching.

Nallah/ River crossings – culverts bridges etc.

Major / Minor road

Orientation location of structures depth of foundation etc. with respect toapproved drawings and approved test plan

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Dimensions, reinforcement, concreting in foundation for major civil works.

Shuttering, plumb, dimensions, concreting etc. in sub structure including verticalwall, ring beams, tie beams, columns, slab etc. as per approved inspection testplan.

Civil, mechanical and electrical works on required in project.

The items listed in scope of works are major items covered under theconstruction contract.

The miscellaneous items and any other major items remained in the lists butrequired for the successful implementation of the project shall also form the partof scope of work under this consultancy.

j) Measurement, Valuation, Certification Settlement of claims and financialcontrol.

Monthly or otherwise periodically measure the permanent works and value themin accordance with the methods of measurement and notes on pricing as well asthe unit rates of the bill of quantities as included in the construction contract.

Receive the contractor's monthly statement and upon verification against themeasurement and valuation as above, certify the statements or correct them asrequired under the construction contract and forward them to the Client forpayment.

Keep accurate records to maintain an effective cost control system in order thatthe cost of works execution remains within the approved amount of contractduring the period of the execution of the works, the estimate of the total costsshall be continuously updated and the Client kept informed of his financialcommitments and when he shall be required to make payments.

Keep accurate records of all variations made and all Claims forwarded by thecontractor, together with the reasons thereof, which may affect the sumbecoming payable to the contractor under the provisions of his contract; claimsshall be verified skillfully, but fairly interpreting the provisions of the constructioncontract and shall only be agreed upon when truly justified.

Upon agreement with the contractor on outstanding work still to be carried outby him during the defects correction period and upon having obtained approvalof the Client thereto, issue at the appropriate time the certificate of substantialcompletion and certify for erase the portion of the retention money relatedthereto.

k) Operation and Maintenance Manuals and Training of Operators

Ensure that "as-built" drawings meeting professional standards are provided bythe contractor.

Prepare detailed project report "as-executed" and operation and maintenancemanuals for all components of the permanent works, as required.

Train scheme operators, selected by the Client or others, to give them the

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appropriate skills for proper operation and maintenance of the works.

6.12 Defects Correction Supervision

Make periodic site visits to ensure that any outstanding work agreed upon withthe contractor before the issue of the certificate of substantial completion isproperly carried out.

In the event of any defect and whenever required, visit the site, ensure thatrepairs are properly carried out.

On the occasion of site visits as above and / or request of the Client, superviseperformance of the operators and report to the Client in case of shortcomings,including recommending on corrective actions.

At the end of the defects correction period and when all outstanding work iscompleted and all repairs are carried out satisfactorily, issue the defectscorrections certificate in accordance with the provisions of the constructioncontract.

6.13 Post Contract Work

On removal of all material, plant, equipment and staff from the site by thecontractor, agree with the Client and the contractor on all monies owed to or bythe contractor, including the remaining retention money, and release allguarantees and securities in accordance with the provisions of the constructioncontract.

After clearing and tidying up of the site by the contractor is complete, carry outall work required to finalize the construction contract administratively.

7.0 MILESTONE FOR CONSTRUCTION SUPERVISION CONSULTANT FORPROJECTS

The following is a typical general guide line that gives an overall responsibility andthe duties of Construction supervision consultant for different types and kinds ofworks that are generally the part of civil and mechanical activities of projects. Theremay be various other categories of works, but the general guide lines willremain more or less same.

7.1 General

Broadly following activities are expected to be carried out under constructionsupervision services.

To study the tender document thoroughly including specifications, drawings andbill of quantities and to offer ambiguity if any

To visit the site, examine the soil, analysis, report, survey data and opine

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regarding the location of the structures and lay out prepared by the contractor –water table, flood level, etc.

To study the methodology and work plan submitted by the contractor

To collect the samples of the material, steel, and send the same for testing fromthe approved laboratory and approve the material to be consumed in the work

To attend project review meeting and submit the progress report to employer

To opine regarding excess, extra items, time limit and other contractual matter

7.2 Inspection/Supervision of Projects

The supervision team to visit the site at various important and critical stages foreach component of the project as under:

7.2.1 Civil Work

It is essentially the responsibility of the consultant to arrange for overall supervisionand inspection of works, however there should be some bare minimum visits forregular supervision and checking of the works as shown against each item of work.

7.2.2 Building Work

Approval of the foundation along with comparison with S.B.C. report and watertable etc.

Visit at plinth level. Visit at slab level including checking of reinforcement, centering and cube

testing, etc. for each floor at the building. Visit at final finishing including verification of excess extra items, time limits and

important contractual matter. Similar to above for each floor Visit at the time of electrification of building. Visit at the time of plumbing work Visit at the time of sanitary & drainage works. Visit during air conditioning works Visit during the plastering and other allied works. Visit during finishing/ flooring/ Paneling etc.

7.2.3 Elevated Service Reservoir Foundation approval along with comparison with S.B.C. report and water table,

etc. Visit at the time of casting the footing and vertical shaft wall or columns etc. with

dimension check, vertically check and cube test, etc. Visit at 30% staging height with dimension check, vertically check and cube test,

etc. Visit at 60% staging height with dimension check, vertically check and cube test,

etc. Visit at 100% staging height with ring beam, checking the centering,

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reinforcement, centering, dimensions of container, vertically check includingcube test, and casting of base slab and slant wall

Visit at the time of vertical wall of container – reinforcement, centering anddimensions of container and verticality check including cube test

Visit at the time of casting roof slab/dome – checking centering, reinforcement,etc.

Visit at the time of erection of vertical pipes – pipe checking and alignmentcheck

Visit during the plastering and other allied works Visit at the time of testing and commissioning along with checking of excess,

extra items time limit and other contractual matter

7.3 Mechanical and Electrical 100% inspection of material i.e. transformer, cables, panel, valves, etc.

Finalization of P. &I. diagram

Checking of layout of foundation blocks

Erection of electro mechanical equipments

Trial run and testing of equipment

Note:- For other works not mentioned above , the duties & responsibility will be settledwith the consultation of client following above guidelines.

8.0 Penalties (Limitation of Liability)

The Consultant shall carry out the Consulting engineering services in conformity withgeneral accepted norms and sound standard of engineering. The Consultant shall beresponsible for technical soundness of the services rendered. C&DS may review,monitor and check the works carried out by the consultant. If such checks disclose thatthe works carried out by the consultant do not meet the specified requirements, C&DSmay not pay the consultancy fees for their affected portion. In the event of any deficiencyin these services, the Consultant shall inter-alia promptly re-do such engineeringservices at no additional cost to C&DS. In addition, C&DS may impose a penalty, asdefined in GCC paragraph no. 9.1, limited to 10% of the consultancy fees of the portionaffected and without entitlement to payment for further fees in this respect, for theaffected portion.

9.0 Special terms and conditions of the contract

a) Staff deployment: The staff deployed for the project shall not be changedwithout the permission of C&DS.

b) Transportation: The consulting Firm shall have to engage vehicles in goodworking condition as per requirement at site. In case, vehicles are found to beshorter than requirement, deduction shall be made at prevailing market rate orrate given in breakup of price shown in appendix-E by him, whichever is higheron per day basis.

c) Office Requirement: The consulting Firm shall establish office at site as wellas at Lucknow as per tender requirement immediately on receipt of work order.

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d) Overall supervision: C&DS is engaging consulting Firm for the work ofProject Management and construction supervision consultant for quality andtimely execution of work. Thus essence of the contract is quality of work andC&DS wants no compromise in this respect due to any action of ConsultingFirm.

e) If the Consultant does not establish their office at site with furniture, computer,printer/plotter, Scanner, fax, stationary, staff, vehicle for supervision etc. withinone month from date of LOI, then Rs. 1000 per day for the number of daysdelayed for establishing the office for the particular project will be deductedfrom the bill.

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SECTION – 5GENERAL CONDITIONS OF CONTRACT

ANDSPECIAL CONDITIONS OF CONTRACT

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SECTION 5:GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS1.1 Definitions;

Unless the context otherwise requires, the following terms whenever used in thisContract have the following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force oflaw in the Government’s country, or in such other country as may be specified inthe Special Conditions of Contract (SC), as they may be issued and in force fromtime to time.

(b) “C&DS” means the CONSTRUCTION & DESIGN SERVICES, U.P. JAL NIGAM,LUCKNOW a Govt. of UTTAR PRADESH undertaking.

(c) ”Consultant” means Agency / Bidder, any private or public entity that will providethe Services to the C&DS under the Contract.

(d) “Contract” means the Contract signed by the Parties and all the attacheddocuments listed in its Clause 1 that is this General Conditions (GC), the SpecialConditions (SC), and the Appendices.

(e) “Day” means calendar day.

(f) “Effective Date” means the date on which this Contract comes into force andeffect pursuant to Clause GC 2.1.

(g) “Foreign Currency” means any currency other than the currency of the C&DS'scountry.

(h) “GC” means these General Conditions of Contract.

(i) “Government” means the Government of the Uttar Pradesh/Government of India.

(j) “Local Currency” means the currency of the union of India.

(k) “Member” means any of the entities that make up the jointventure/consortium/association, and “Members” means all these entities.

(l) “Party” means the C&DS or the Consultant, as the case may be.

(m) “Personnel” means professionals and support staff provided by the Consultantsor by any Sub-Consultants and assigned to perform the Services or any partthereof; “Foreign Personnel “means such professionals and support staff who atthe time of being so provided had their domicile outside the Government’scountry; “Local Personnel” means such professionals and support

Staff who at the time of being so provided had their domicile inside theGovernment’s country; and “Key Personnel” means the Personnel referred to inClause GC 4.2(a).

(n) “Reimbursable expenses” means all assignment-related costs other thanConsultant’s remuneration.

(o) “SC” means the Special Conditions of Contract by which the GC may beamended or supplemented.

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(p) “Services” means the work to be performed by the Consultant pursuant to thisContract, as described in Appendix A hereto.

(q) “Third Party” means any person or entity other than the Government, the C&DS,the Consultant or a Sub-Consultant.

(r) “In writing” means communicated in written form with proof of receipt.

(s) “Project Cost” means the cost of the project finally approved as a result ofevaluation of bid which is included in the contract agreement & duly certified byC&DS / PMC(Excluding Operation and Maintenance cost.). In case of ongoingprojects, project cost means cost of the balance works to be executed at the time ofdeployment of PMC.

(t) Client mean deptt. in C&DS.

1.2 Performance Security

(A) The selected consultant shall have to pay “Performance Security” 10% of thevalue of work in the form of a fix deposit receipt given by a Schedule bank(except cooperative bank) having branch in Lucknow or unequivocal/unconditional Bank Guarantee issued by a Schedule bank (except cooperativebank) having its branch at Lucknow in the name of the C&DS.The performance security shall be paid as under:-

(1) The selected consultant has to deposit the performance security ofvalue 5% of the consultancy charges of contract valueat C&DSoffice in the name of at the time contract agreement for PMC work.And

(2) The selected consultant has to deposit 5% as performance securityof the value of the PMC charges of particular work allotted at C&DSoffice in the name of at the time award of particular project work.The project wise work orders may be issued by the C&DS, Headoffice.

(3) The release of performance security shall be as per para (B) belowand it shall be released work wise.

(B) 50% performance security shall be returned to the agency within 30 daysfrom the date of successful completion of the contract and remaining 50% will bereturned after 6 month from the date of successful completion of the entirecontract after getting No objection certificate from concerned CGM of the Project.

1.3 Relationship between the Parties

Nothing contained herein shall be construed as establishing a relationship of masterand servant or of principal and agent as between the C&DS and the Consultant. TheConsultant, subject to this Contract, has complete charge of Personnel and Sub-Consultants, if any, performing the Services and shall be fully responsible for theServices performed by them or on their behalf hereunder.

1.4 Law Governing Contract

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This Contract, its meaning and interpretation, and the relation between the Partiesshall be governed by the Applicable Law.

1.5 Language

This Contract has been executed in the language specified in the special conditionwhich shall be the binding and controlling language for all matters relating to themeaning or interpretation of this Contract.

1.6 Headings

The headings shall not limit, alter or affect the meaning of this Contract.

1.7 Notices

1.7.1 Any notice, request or consent required or permitted to be given or madepursuant to this Contract shall be in writing. Any such notice, request orconsent shall be deemed to have been given or made when delivered inperson to an authorized representative of the Party to whom thecommunication is addressed, or when sent to such Party at the addressspecified in the SC.

1.7.2 A Party may change its address for notice hereunder by giving the other Partynotice in writing of such change to the address specified in the SC.

1.8 Location

The Services shall be performed at such locations as are specified in Appendix – Aand where the location of a particular task is not so specified, at such locations,whether in the Government’s country or elsewhere, as the client may approve.

1.9 Authority of Member in Charge

Every member of the consultant’s team deployed for the assignment under thiscontract shall have the authority to provide services and also be responsible to theC&DS for the quality of services to be provided under this contract.

1.10 Authorized Representatives

Any action required or permitted to be taken, and any document required orpermitted to be executed under this Contract by the C&DS or the Consultant may betaken or executed by the officials specified in the SC.

1.11 Taxes and Duties

The Consultant, Sub-Consultants, and their Personnel shall pay such indirect taxes,duties, fees, and other impositions levied under the Applicable Law as specified inthe SC, the amount of which is deemed to have been included in the Contract Price.

1.12 Fraud and Corruption

It is the policy of C&DS to observe the highest standard of ethics during execution ofthis contract. In pursuance of this policy, if the Client determines that the Consultantand /or its Personal, has engaged in corrupt, fraudulent, collusive, coercive, orobstructive practices, in competing for or in executing the Contract, and theprovisions of Clause 2 shall apply as is such expulsion had been made under Sub-Clause 2.9.1 (d).

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Should any Personnel of the Consultant be determined to have engaged in corrupt,fraudulent, collusive, coercive, or obstructive practice during the execution of theContract, then that Personnel shall be removed in accordance with Sub-Clause 4.5

1.11.1 Definitions

For the purposes of this Sub-Clause, the terms set-forth below are defined as follows:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,of anything of value to influence improperly the actions of another party;

(ii) “fraudulent practice” 'is any act or omission, including a misrepresentation, thatknowingly or recklessly misleads, or attempts to mislead, a pal1y to obtain afinancial or other benefit or to avoid an obligation;

(iii) “collusive practice” is an arrangement between two or more parties designed toachieve an improper purpose, including to influence improperly the actions ofanother party;

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directlyor indirectly, any part or the property of the party to influence improperly the actionsof a party;

(v) "obstructive practice" is

(a) deliberately destroying, falsifying, altering or concealing of evidence material to theinvestigation making false statements to investigators in order to materially impedea client’s investigation into allegations of a corrupt, fraudulent, coercive or collusivepractice; and/or threatening, harassing or intimidating any patty to prevent it fromdisclosing its knowledge of matters relevant to the investigation o from pursuing theinvestigation; or

(b) Acts intended to materially impede the exercise Client’s inspection and audit rightsprovided for under Clause 3.6.

1.11.2 Measures to be taken

(a) C&DS will cancel and terminate the contract if it determines that representatives ofthe Consultant were engaged in corrupt, fraudulent, collusive or coercive practicesduring the selection process or the execution of that contract.

(b) will sanction a Consultant, including declaring the Consultant ineligible, eitherindefinitely or for a stated period of time, to be awarded a C&DS -financed contractif it at any time determines that the Consultant has, directly or through an agent,engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or inexecuting, a C&DS-financed contract;

2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OFCONTRACT

2.1 Effectiveness of Contract

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This Contract shall come into force and become effective on the date (the “EffectiveDate”) of the C&DS's notice to the Consultant instructing the Consultant to begincarrying 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 agreement has not become effective within such time period after agreementsigned by the parties as shall be specified in special condition of documents, theC&DS or consultant by less than 30- days written notice to the other party, maydeclare this agreement to be null and void and in the event of such a declaration byeither party, neither party shall have any claim against the other party with respecthereto.

2.3 Commencement of Services

The Consultant shall begin carrying out the Services not later than the ten numbersof days after the effective Date shall be the date of issue of LOI.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause no 2.9 hereof, this contract shall expirewhen services have been completed and all payments have been made at the endof such time period after the effective date’ (for commencement of services asmentioned in clause no 2.3 of General Condition of contract) as be specified in thedocument.

2.5 Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by theParties. No agent or representative of either Party has authority to make, and theParties shall not be bound by or be liable for, any statement, representation,promise or agreement not set forth herein.

2.6 Modifications or Variations

(a) Any modification or variation of the terms and conditions of this Contract, includingany modification or variation of the scope of the Services, may only be made bywritten agreement between the Parties. Pursuant to Clause GC 7.2 here of,however, each Party shall give due consideration to any proposals for modificationor variation made by the other Party.

(b) In cases of substantial modifications or variations, the prior written consent of theC&DS is required.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Contract, “Force Majeure” means an event which is beyondthe reasonable control of a Party, is not foreseeable, is unavoidable, and whichmakes a Party’s performance of its obligations hereunder impossible or soimpractical as reasonably to be considered impossible in the circumstances, andincludes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion,storm, flood or other adverse weather conditions, strikes, lockouts or other industrialaction (except where such strikes, lockouts or other industrial action are within the

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power of the Party invoking Force Majeure to prevent), confiscation or any otheraction by Government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence orintentional action of a consultant or such Sub-Consultants or agents or employees,nor (ii) any event which a diligent consultant could reasonably have been expectedboth to take into account at the time of the conclusion of this Contract, and avoid orovercome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make anypayment required hereunder.

2.7.2 No Breach of Contract

The failure of a consultant to fulfill any of its obligations hereunder shall not beconsidered to be a breach of, or default under, this Contract insofar as such inabilityarises from an event of Force Majeure, provided that the Consultant affected bysuch an event has taken all reasonable precautions, due care and reasonablealternative measures, all with the objective of carrying out the terms and conditionsof this Contract.

2.7.3 Measures to be taken

(a) A Consultant affected by an event of Force Majeure shall continue to perform itsobligations under the Contract as far as is reasonably practical, and shall take allreasonable measures to minimize the consequences of any event of Force Majeure.

(b) A Consultant affected by an event of Force Majeure shall notify the C&DS of suchevent as soon as possible, and in any case not later than fourteen (14) daysfollowing the occurrence of such event, providing evidence of the nature and causeof such event, and shall similarly give written notice of the restoration of normalconditions as soon as possible.

(c) Any period within which a Consultant shall, pursuant to this Contract, complete anyaction or task, shall be extended for a period equal to the time during which suchConsultant was unable to perform such action as a result of Force Majeure.

(d) During the period of their inability to perform the Services as a result of an event ofForce Majeure, the Consultant, upon instructions by the C&DS, shall either:

(i) demobilize, in which case the Consultant shall be reimbursed for additional coststhey reasonably and necessarily incurred, and, if required by the C&DS, inreactivating the Services; or

(ii) continue with the Services to the extent possible, in which case the Consultant shallcontinue to be paid under the terms of this Contract and be reimbursed foradditional costs reasonably and necessarily incurred.

(e) In the case of disagreement between the Parties as to the existence or extent ofForce Majeure, the matter shall be settled according to Clause GC 8.

2.8 Suspension

The C&DS may, by written notice of suspension to the Consultant, suspend allpayments to the Consultant hereunder if the Consultant fails to perform any of its

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obligations under this Contract, including the carrying out of the Services, providedthat such notice of suspension

(i) shall specify the nature of the failure, and

(ii) shall request the Consultant to remedy such failure within a period not exceedingthirty (30) days after receipt by the Consultant of such notice of suspension.

2.9 Termination

2.9.1 By the C&DS

The C&DS may terminate this Contract in case of the occurrence of any ofthe events specified in paragraphs (a) to (g) of this Clause GC2.9.1. In suchan occurrence the C&DS shall give a not less than thirty (30) days’ writtennotice of termination to the Consultants, and sixty (60) days’ in case of theevent referred to in (g).

(a) If the Consultant fails to remedy a failure in the performance of itsobligations hereunder, as specified in a notice of suspensionpursuant to Clause GC 2.8 hereinabove, within thirty (30) days ofreceipt of such notice of suspension or within such further period asthe C&DS may have subsequently approved in writing.

(b) If the Consultant becomes (or, if the Consultant consists of more thanone entity, if any of its Members becomes) insolvent or bankrupt orenter into any agreements with their creditors for relief of debt or takeadvantage of any law for the benefit of debtors or go into liquidationor receivership whether compulsory or voluntary.

(c) If the Consultant fails to comply with any final decision reached as aresult of arbitration proceedings pursuant to Clause GC 8 hereof.

(d) If the Consultant, in the judgment of the C&DS, has engagedincorrupt or fraudulent practices in competing for or in executing thisContract.

(e) If the Consultant submits to the C&DS a false statement which has amaterial effect on the rights, obligations or interests of the C&DS.

(f) If, as the result of Force Majeure, the Consultant is unable to performa material portion of the Services for a period of not less than sixty(60) days.

(g) If the C&DS, in its sole discretion and for any reason whatsoever,decides to terminate this Contract.

2.9.2 By the Consultant

The Consultants may terminate this Contract, by not less than thirty (30)days’ written notice to the C&DS, such notice to be given after theoccurrence of any of the events specified in paragraphs (a) and (b) of thisClause 2.9.2 of General condition:

(a) If, as the result of Force Majeure, the Consultant is unable to performa material portion of the Services for a period of not less than sixty(60) days.

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(b) If the C&DS fails to comply with any final decision reached as a resultof arbitration pursuant to Clause GC 8 hereof.

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9hereof, or upon expiration of this Contract pursuant to Clause GC 2.4hereof, all rights and obligations of the Parties hereunder shall cease,except (i) such rights and obligations as may have accrued on the date oftermination or expiration, (ii) the obligation of confidentiality set forth inClause GC 3.3 hereof, (iii) the Consultant’s obligation to permit inspection,copying and auditing of their accounts and records set forth in Clause GC3.6 hereof, and(iv) any right which a Consultant may have under theApplicable Law.

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Consultant to the otherpursuant 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 necessarysteps to bring the Services to a close in a prompt and orderly manner andshall make every reasonable effort to keep expenditures for this purpose toa minimum. With respect to documents prepared by the Consultant andequipment and materials furnished by the C&DS, the Consultant shallproceed 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 2.9.2hereof, the C&DS shall make the following payments to the Consultant:

(a) remuneration pursuant to Clause GC 6 hereof for Servicessatisfactorily performed prior to the effective date of termination, andreimbursable expenditures pursuant to Clause GC 6 hereof forexpenditures actually incurred prior to the effective date oftermination; and

(b) except in the case of termination pursuant to paragraphs (a) to (e) ofClause 2.9.1 of General Condition hereof, reimbursement reasonablecost incidental to the prompt and termination of this Contractincluding the cost of the travel of the Personnel and their eligibledependents.

2.9.6 Disputes about Events of Termination

If either Consultant disputes whether an event specified in paragraphs (a)through (f) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred,such Consultant may, within forty-five (45) days after receipt of notice oftermination from the other Consultant, refer the matter to Clause GC 8hereof, and this Contract shall not be terminated on account of such eventexcept in accordance with the terms of any resulting arbitral award.

3.0 OBLIGATIONS OF THE CONSULTANT

3.1 General

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3.1.1 Standard of Performance

The Consultant shall perform the Services and carry out their obligationshereunder with all due diligence, efficiency and economy, in accordancewith generally accepted professional standards and practices, and shallobserve sound management practices, and employ appropriate technologyand safe and effective equipment, machinery, materials and methods. TheConsultant shall always act, in respect of any matter relating to this Contractor to the Services, as faithful adviser to the C&DS, and shall at all timessupport and safeguard the C&DS legitimate interests in any dealings withcontractor’s, Sub-Consultants or Third Parties.

3.1.2 Law Governing Services

The Consultant shall perform the Services in accordance with theApplicable 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 C&DS shall notify theConsultant in writing of relevant local customs, and the Consultant shall,after such notification, respect such customs.

3.2 Conflict of Interests

The Consultant shall hold the C&DS interests paramount, without any considerationfor future work, and strictly avoid conflict with other assignments or their owncorporate interests.

3.2.1 Consultants not to Benefit from Commissions, Discounts, etc.

(a) The payment of the Consultant pursuant to Clause GC 6 hereof shallconstitute the Consultant’s only payment in connection with this Contractand, subject to Clause GC 3.2.2 hereof, the Consultant shall not acceptfor its own benefit any trade commission, discount or similar payment inconnection with activities pursuant to this Contract or in the discharge ofits obligations hereunder, and the Consultant shall use its best efforts toensure that any Sub-Consultants, as well as the Personnel and agents ofeither of them, similarly shall not receive any such additional payment.

(b) Furthermore, if the Consultant, as part of the Services, has theresponsibility of advising the C&DS on the procurement of goods, works orservices, the Consultant shall comply with the C&DS applicableprocurement guidelines, and shall at all times exercise such responsibilityin the best interest of the C&DS. Any discounts or commissions obtainedby the Consultant in the exercise of such procurement responsibility shallbe for the account of the C&DS

3.2.2 Consultant and Affiliates not to engage in certain activities

The Consultant agrees that, during the term of this Contract and after itstermination, the Consultant and any entity affiliated with the Consultant, aswell as any Sub-Consultants and any entity affiliated with such Sub-Consultants, shall be disqualified from providing goods, works or services(other than consulting services) resulting from or directly related to theConsultant’s Services for the preparation or implementation of the project.

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3.2.3 Prohibition of Conflicting Activities

The Consultant shall not engage, and shall cause their Personnel as well astheir Sub-Consultants and their Personnel not to engage, either directly orindirectly, in any business or professional activities which would conflict withthe activities assigned to them under this Contract.

3.3 Confidentiality

Except with the prior written consent of the C&DS, the Consultant and the Personnelshall not at any time communicate to any person or entity any confidentialinformation acquired in the course of the Services, nor shall the Consultant and thePersonnel make public the recommendations formulated in the course of, or as aresult of, the Services.

3.4 Liability of the Consultant

Subject to additional provisions, if any, set forth in the SC, the Consultants’ liabilityunder this Contract shall be 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-Consultantsto take out and maintain, at their (or the Sub- Consultants’, as the case may be) owncost but on terms and conditions approved by the C&DS, insurance against therisks, and for the coverage specified in the SC, and (ii) at the C&DS request, shallprovide evidence to the C&DS showing that such insurance has been taken out andmaintained 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 inrespect of the Services hereunder, in accordance with internationally acceptedaccounting principles and in such form and detail as will clearly identify all relevanttime changes and costs, and the bases thereof, and (ii) shall periodically permit theC&DS or its designated representative and/or the C&DS, and up to five years fromexpiration or termination of this Contract, to inspect the same and make copiesthereof as well as to have them audited by auditors appointed by the C&DS or theC&DS, if so required by the C&DS or the C&DS as the case may be.

3.7 Consultant’s Actions Requiring C&DS Prior Approval

The Consultant shall obtain the C&DS prior approval in writing before taking any ofthe following actions:

(a) Any change or addition to the Personnel listed as key professionals underthe Request for Proposal.

(b) Subcontracts: C&DS will not permit sub-contracting of any part of theassignment as per the Request for Proposal. In special circumstances thatmay require the consultant to subcontract work relating to the Services to anextent and with such experts and entities, C&DS may at its sole discretionconsider such subcontracting. The Consultant shall have to obtain C&DSprior approval for such subcontracting. Notwithstanding such approval, theConsultant shall retain full responsibility for the Services. In the event thatany Sub-Consultants are found by the C&DS to be incompetent or incapable

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in discharging assigned duties, the client may request the Consultant toprovide a replacement, with qualifications and experience acceptable to theC&DS, or to resume the performance of the Services itself.

(c) Any other action that may be specified in the SC

3.8 Reporting Obligations

The Consultant shall submit to the C&DS the reports and documents specified in theRequest for Proposal, in the form, in the numbers and within the time periods setforth in the said Request for Proposal. Final reports shall be delivered in CD ROM inaddition to the hard copies specified in said Request for Proposal.

3.9 Documents Prepared by the Consultant to be the Property of the C&DS

All plans, drawings, specifications, designs, reports, other documents and softwareprepared by the Consultant for the C&DS under this Contract shall become andremain the property of the C&DS, and the Consultant shall, not later than upontermination or expiration of this Contract, deliver all such documents to the C&DS,together with a detailed inventory thereof. The consultant may retain a copy of suchdocuments and software, and use such software for their own use with prior writtenapproval of the C&DS. If license agreements are necessary or appropriate betweenthe Consultant and third parties for purposes of development of any such computerprograms, the Consultant shall obtain the C&DS prior written approval to suchagreements, and the C&DS shall be entitled at its discretion to require recoveringthe expenses related to the development of the program(s) concerned. Otherrestrictions about the future use of these documents and software, if any, shall bespecified in the SC.

3.10 Not Used

3.11 Equipment and Materials Provided by the Consultants

Equipment or materials brought by the Consultant and the Personnel and usedeither for the Project or personal use shall remain the property of the Consultant orthe Personnel concerned, as applicable.

4.0 CONSULTANT’S PERSONNEL

4.1 General

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

4.2 Description of Personnel

(a) The title, agreed job description, minimum qualification and estimated period ofengagement in the carrying out of the Services of each of the Consultant’s KeyPersonnel are described in Request for Proposal. If any of the Key Personnelhas already been approved by the C&DS, his/her name is listed as well.

(b) If required to comply with the provisions of Clause GC 3.1.1 hereof,adjustments with respect to the estimated periods of engagement of KeyPersonnel set forth in Request for Proposal may be made by the Consultant bywritten notice to the C&DS, provided (i) that such adjustments shall not alter theoriginally estimated period of engagement of any individual by more than 10%

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or one week, whichever is larger, and (ii) that the aggregate of suchadjustments shall not cause payments under this Contract to exceed theceilings set forth in Clause GC 6.1(b) of this Contract. Any other suchadjustments shall only be made with the C&DS written approval.

4.3 Approval of Personnel

The Key Personnel and Sub-Consultants listed by title as well as by name inRequest for Proposal and the technical proposal made by the consultant andaccepted by C&DS, are hereby approved by the C&DS. In respect of otherPersonnel which the Consultant proposes to use in the carrying out of the Services,the Consultant shall submit to the C&DS for review and approval a copy of theirCurricula Vitae (CVs). If the C&DS does not object in writing (stating the reasons forthe objection) within twenty-one (21) days from the date of receipt of such CVs,such Personnel shall be deemed to have been approved by the C&DS.

4.4 Working Hours, Overtime, Leave, etc.

(a) The consultant and his professional staff at the project site shall work as per thework schedule agreed with the C&DS.

(b) The Key Personnel shall not be entitled to be paid for overtime nor to take paidsick leave or vacation leave, the Consultant’s remuneration shall be deemed tocover these items. All leave to be allowed to the Personnel is included in thestaff-months of service set forth in Request for Proposal. Any taking of leave byPersonnel shall be subject to the prior approval by the Consultant and theC&DS who shall ensure that absence for leave purposes will not delay theprogress and adequate supervision of the Services.

4.5 Removal and/or Replacement of Personnel

(a) No changes shall be made in the Key Personnel. If, for any reason beyond thereasonable control of the Consultant, such as retirement, death, medicalincapacity, among others, it becomes necessary to replace any of the KeyPersonnel, the Consultant shall provide as a replacement a person ofequivalent or better qualifications.

(b) If the C&DS finds that any of the Personnel have (i) committed seriousmisconduct or have been charged with having committed a criminal action, or(ii) have reasonable cause to be dissatisfied with the performance of any of thePersonnel, then the Consultant shall, at the C&DS written request specifyingthe grounds thereof, provide as a replacement a person with qualifications andexperience acceptable to the C&DS.

5.0 OBLIGATIONS OF THE C&DS

5.1 Assistance and Exemptions

C&DS shall assist the consultant and his staff for getting necessary statutorypermissions, approvals as may be required under the law for their stay at theproject site and for providing services as per the terms of the reference. Suchassistance shall not be considered as C&DS obligation.

5.2 Access to Land

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The C&DS warrants that the Consultant shall have, free of charge unimpededaccess to all land at the project site in respect of which access is required forthe performance of the Services..

5.3 Change in the Applicable Law Related to Taxes and Duties

If, after the date of this Contract, there is any change in the Applicable Lawwith respect to taxes and duties which increases or decreases the costincurred by the Consultant in performing the Services, then the expensesotherwise payable to the Consultant under this Contract shall be increased ordecreased accordingly by agreement between the Parties hereto, andcorresponding adjustments shall be made to the ceiling amounts specified inClause GC 6.4.

5.4 Services, Facilities and Property of the C&DS

(a)The C&DS shall make available to the Consultant and the Personnel, forthe purposes of the Services and free of any charge, the services, facilitiesand property described in the Request for Proposal and the Data Sheet.

(b) In case that such services, facilities and property shall not be madeavailable to the Consultant as and when specified in Request for Proposal andthe Data Sheet, the Parties shall agree on (i) any time extension that it may beappropriate to grant to the Consultant for the performance of the Services, (ii)the manner in which the Consultant shall procure any such services, facilitiesand property from other sources, and (iii) the additional payments, if any, to bemade to the Consultant as a result thereof pursuant to Clause GC 6.4hereinafter.

5.5 Payment

In consideration of the Services performed by the Consultant under thisContract, the C&DS shall make to the Consultant such payments and in suchmanner as is provided by Clause GC 6 of this Contract.

5.6 Counterpart Personnel

(a) The C&DS shall make available to the Consultant free of charge suchprofessional and support counterpart personnel, to be nominated by the C&DSwith the Consultant’s advice, if specified in Request for Proposal and the DataSheet.

(b) If counterpart personnel are not provided by the C&DS to the Consultant asand when specified in Request for Proposal and the Data Sheet, the C&DS andthe Consultant shall agree on (i) how the affected part of the Services shall becarried out, and (ii) the additional payments, if any, to be made by the C&DS tothe Consultant as a result thereof pursuant to Clause GC 6.1(c) hereof.

(c) Professional and support counterpart personnel, excluding C&DS liaisonpersonnel, shall work under the exclusive direction of the Consultant. If anymember of the counterpart personnel fails to perform adequately any workassigned to such member by the Consultant that is consistent with the positionoccupied by such member, the Consultant may request the replacement of

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such member, and the C&DS shall not unreasonably refuse to act upon suchrequest.

6.0 PAYMENT’S TO THE CONSULTANT

6.1 Cost Estimates; Ceiling Amount

The payment to the consultant shall be made as per the payment schedule/break up of payment defined in this RFP document.

6.2 Remuneration and Reimbursable Expenses

The payment to the consultant shall be made as per the payment schedulebreak up as per this tender.

6.3 Currency of Payment

All payments will be made in Indian Rupees

6.4 Mode of Billing and Payment

Billings 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 ofeach calendar month during the period of the Services, or after the end ofeach time intervals otherwise indicated in the SC, the Consultant shall submitto the C&DS, in duplicate, itemized statements, accompanied by copies ofinvoices, vouchers and other appropriate supporting materials, of the amountspayable pursuant to Clauses GC 6.3 and GC 6.4 for such month, or any otherperiod indicated in the SC. Each statement shall distinguish that portion of thetotal eligible costs which pertains to remuneration from that portion whichpertains to reimbursable expenses, if eligible under the financial proposalaccepted by the C&DS.

(b) The C&DS shall pay the Consultant’s statements (as per payment schedulebreak up) after the receipt by the C&DS of such statements with supportingdocuments. Only such portion of a statement that is not satisfactorilysupported may be withheld from payment. Should any discrepancy be found toexist between actual payment and costs authorized to be incurred by theConsultant, the C&DS may add or subtract the difference from any subsequentpayments.

(c) The final payment under this Clause shall be made only after the final reportand a final statement, identified as such, shall have been submitted by theConsultant and approved as satisfactorily by the C&DS. The Services shall bedeemed completed and finally accepted by the C&DS and the final report andfinal statement shall be deemed approved by the C&DS as satisfactorily ninety(90) calendar days after receipt of the final report and final statement by theC&DS unless the C&DS, within such ninety (90) day period, gives writtennotice to the Consultant specifying in detail deficiencies in the Services, thefinal report or final statement. The Consultant shall there upon promptly makeany necessary corrections, and thereafter the foregoing process shall berepeated. Any amount, which the C&DS has paid or caused to be paid inaccordance with this Clause in excess of the amounts actually payable inaccordance with the provisions of this Contract, shall be reimbursed by the

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Consultant to the C&DS within thirty (30) days after receipt by the Consultantof notice thereof. Any such claim by the C&DS for reimbursement must bemade within calendar months after receipt by the C&DS of a final report and afinal statement approved by the C&DS in accordance with the above.

(d) All payments under this Contract shall be made to the accounts of theConsultant As per payment schedule.

(e) With the exception of the final payment under (d) above, payments do notconstitute acceptance of the Services nor relieve the Consultant of anyobligations hereunder.

7.0 FAIRNESS AND GOOD FAITH

7.1 Good Faith

The Parties undertake to act in good faith with respect to each other’s rightsunder this Contract and to adopt all reasonable measures to ensure therealization of the objectives of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for everycontingency which may arise during the life of the Contract, and the Partieshereby agree that it is their intention that this Contract shall operate fairly asbetween them, and without detriment to the interest of either of them, and that,if during the term of this Contract either Consultant believes that this Contractis operating unfairly, the Parties will use their best efforts to agree on suchaction as may be necessary to remove the cause or causes of suchunfairness, but no failure to agree on any action pursuant to this Clause shallgive rise to a dispute subject to arbitration in accordance with Clause GC 8hereof.

8.0 SETTLEMENT OF DISPUTES

8.1 Amicable Settlement

The parties shall use their best efforts to settle amicably all disputes arising outof or in connection with this agreement or the interpretation thereof.

If either Consultant objects to any action or inaction of the other Consultant,the objecting Consultant may file a written Notice of Dispute to the Director –C&DS or to the committee formed by him for this purpose. Director-C&DS orCommittee after receiving the Notice of Dispute will consider it and respond inwriting within 30 days after receipt. If fails to respond within 30 days, or thedispute cannot be amicably settled within 30 days following the response ofthat Consultant, Clause GC 8.2 shall apply.

8.2 Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this Contractthat cannot be settled amicably according to Clause GC 8.1 may be submittedby Consultant or C&DS authority as mentioned below.

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Disputes shall be settled by arbitration in accordance with the followingprovisions:

8.2.1 Selection of Arbitrators

Each dispute submitted by a Party to arbitration shall be heard by a solearbitrator or an arbitration panel composed of three arbitrators, inaccordance with the Indian Arbitration & Conciliation Act, 1996.

8.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedure ofthe Arbitration &Conciliation Act 1996, of India.

8.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substituteshall be appointed in the same manner as the original arbitrator.

8.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs(a) through (c) of Clause 8.2.1 hereof shall be recognized legal or technicalexpert with extensive experience in relation to the matter in dispute.

8.2.5 Miscellaneous

In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held inLucknow.

(b) the English language shall be the official language for all purposes; and

(c) the decision of the sole arbitrator or of a majority of the arbitrators (or ofthe third arbitrator if there is no such majority) shall be final and bindingand shall be enforceable in any court of competent jurisdiction.

9.0 PENALTY CLAUSES

9.1 Liquidated Damages for delay

If there is any delay in Consultant’s engineering services, which is conclusivelyproved is on account of reasons solely attributable to the Consultant, resultingin extension of overall schedule for completion of the project, then C&DS shallbe entitled to recover from the Consultant by way of liquidated damages.

The liquidated damages shall be applicable under following circumstances:

(a) If the consultant fails to deploy the requisite staff as defined in relatedpara with in thirty days from the effective date of the contract, theConsultant shall be liable to pay Rs. 25000.00 per day for first 30 daysthere after Rs. 50000.00 per day for next 90 days. If delay in deployment ofrequisite staff is more than 120 days then the Consultant shall be liable topay 0.05% the total cost of the consultancy fee for delay of each day (fordelay beyond 120 days).

(b) If the consultant fails to return the designs & drawings after due

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verification/ checking of the same within 10 days from the date of receipt ofthe same, the Consultant shall be liable to pay 0.05% of the consultancyfee of that particular project for delay of each day.

(c) If verification of measurement is delayed by more than 7 days, theConsultant shall be liable to pay 0.05% of the consultancy fee of thatparticular project for delay of each day.

(d) If construction work is delayed by more than 7 days because of nonavailability of materials due to delay in checking/ certification of material,the Consultant shall be liable to pay 0.05% of the consultancy fee of thatparticular project for delay of each day.

(e) In case delay in completion of the project due to the delay inperformance of the activities on consultant side, 0.05% of the consultancyfee of that particular project for delay of each day.

(f) The amount of liquidated damages under this Contract shall not exceed10% of the total value of the contract.

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SPECIAL CONDITIONS OF CONTRACT

Number of Amendments or/and Supplements to, GC Clause* Clauses in the GeneralConditions of Contract.

1.5 Language is :English1.7.1 The Addresses are :A-Client :Construction & Design Services

TC-38-V, Vibhuti Khand, Gomti Nagar, Lucknow-226010

Attention :Telephone :Facsimile :e-mail :B- Consultants :________________________

________________________________________________

Attention : ________________________Telephone : ________________________Facsimile : ________________________1.10 The Authorized Representatives are :For the Client : __________________For the Consultant: __________________

1.11 For domestic consultants/sub-consultants / personnel who are permanent residentsin India The consultants, Sub-consultants and the Personnel shall pay the taxes,duties, fees, levies and other impositions levied under the existing, amended orenacted laws during life of this contract and the C&DS shall perform such duties inregard to the deduction of such tax as may be lawfully imposed.

2.1 The Consultant has to provide services for the period of construction specified in thecontracts awarded to the construction contractor’s(Stipulated contract period fromthe date of award). In case if, these construction contracts are extended beyond thespecified period of consultancy contract, the consultant’s contract (this contract) willalso be extended on mutual agreement.During the extended period of consultancy contract, the consultant shall provide theservices and deploy his staff as per mutual agreement. During this period, theconsultant’s price shall be paid at the approved tender rate for consultancy work.

2.2 The time period shall be 30 days or such other time period as the parties may agreein writing.

3.1& 3.4Limitation of the Consultants’ Liability towards the C&DS(a) Except in case of gross negligence or willful misconduct on the part of theConsultants or on the part of any person or Firm acting on behalf of the Consultantsin carrying out the Services, the Consultants, with respect to damage caused by theConsultants to the C&DS property, shall not be liable to the C&DS:(i) for any indirect or consequential loss or damage; and(ii) for any direct loss or damage that exceeds by two times the total value of theContract.

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(b) This limitation of liability shall not affect the Consultants’ liability, if any, fordamage to Third Parties caused by the Consultants or any person or Firm acting onbehalf of the Consultants in carrying out the Services.”

3.2.& 3.5The risks and the coverage shall be as follows:(a) Third Party motor vehicle liability insurance in respect of motor vehicles operatedin UTTAR PRADESH / India by the Consultant or its Personnel or any Sub-Consultants or their Personnel, with a minimum coverage as per Motor Vehicles Act1988.Including the motar act for overloading etc.(b) Third Party liability insurance, with a minimum coverage of INR 5 lakhs.(c) professional liability insurance, with a minimum coverage equivalent to the totalamount of consultancy fees to be paid by the C&DS to the consultant(d) employer’s liability and workers’ compensation insurance in respect of thePersonnel of the Consultant and of any Sub- Consultants, in accordance with therelevant provisions of the Applicable Law, as well as, with respect to suchPersonnel, any such life, health, accident, travel or other insurance as may beappropriate; and(e) insurance against loss of or damage to (i) equipment purchased in whole or inpart with funds provided under this Contract, (ii) the Consultant’s property used inthe performance of the Services, and (iii) any documents prepared by theConsultant in the performance of the Services.

3.7 The other actions are:{taking any action under a civil works contract designating the Consultant as“Engineer”, for which action, pursuant to such civil works contract, the writtenapproval of the C&DS as “Employer” is required.}

3.9 The consultant shall not use their documents and software for purposes unrelated tothis contract without the prior written approval of the C&DS.

3.5 The person designated as Team leader in the Request for Proposal shall serve inthat capacity.

3.6 The accounts are Indian Rupee accounts

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SECTION – 6APPENDICES

ANDSTANDARD FORM OF CONTRACT

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SECTION-6APPENDICES & STANDARD FORM OF CONTRACT

Appendix - ADescription of the Services

(Based on RFP)(Give detailed descriptions of the Services to be provided; dates for completion ofvarious tasks, place of performance for different tasks; specific tasks to be approvedby Client etc.)

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Appendix - BReporting Requirements

(List format, frequency and contents of reports; persons to receive them, dates ofsubmission, number of copies, etc. If no reports are to be submitted, state here"Not applicable")

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Appendix - CKey Personnel

(Refer Clause 4.1 of the Contract)

List under:C-1 Titles (and names, if already available), detailed job descriptions and minimum

qualifications and experience of Personnel to be assigned to work in India,and staff-months for each.

C-2 Same information as C-1 for Key Local Personnel.

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Appendix - D

Services and Facilities provided by the consultant.

Appendix - ENot Used

Appendix - F

Services and Facilities Provided by the Client

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Appendix- G-1Form of Bank Guarantee (Earnest Money Deposit)

Whereas M/s ....................................................................... (hereunder called the consultants)is desirous and prepared to tender for work in accordance with terms and conditions of TenderNo………….dt. -................................................................... And whereas We, Bank, agree togive the consultants a Guarantee for the Earnest Money Deposit.

1. Therefore, we here by affirm that we are Guarantors on behalf of the consultants upto atotal of Rupees……………………………..(i.e. Rs…………………………………………) andwe undertake to pay The Director, C&DS, U. P Jal Nigam Lucknow upon his first writtendemand and without demur, without delay and without necessity of previous notice ofindividual or administrative procedure and without necessity to prove the bank the defectsor short coming or debit of the contractor any sum within the limit ofRupees…………………

2. We further agree that the guarantee here in contained shall remain in full and effect duringthe period that would be taken for the acceptance of tender. However, unless a demandor claim under this guarantee is made only in writing on or beforethe…………………………..We shall be discharged from all liabilities under theguarantee there after.We undertake not to revoke the guarantee during its currency except with theprevious consent of The Coming their of C&DS, U. P. Jal Nigam Lucknow in writing.

We lastly undertake not to revoke the guarantee for any change in constitution of theconsultants or the Bank.

Signature and Seal of Guarantor

Date :Bank :

Signature of Consultants Signature of Project Director

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Appendix- G-2

FORM OF BANK GUARANTEE ( UNCONDITONAL)FOR PERFORMANCE SECURITY

To,

(Name of employer)______________________________________________________

(Address of Employer)___________________________________________

WHERE AS ( Name and Address of Contractor)__________________________

_____________________________________________________________________

( hereinafter called “ The consultant”) has undertaken , in pursuance of contractNo. _______________ dated _______________to execute ( Name of contract andbrief description of work ] ( Hereinafter called “the Contract’’)

And Whereas it has been stipulated by you in the said contract that the consultant shallfurnish you with a bank guarantee by a Nationalized Bank of banks as per clause -1.2section -5, Vol-I for the sum specified therein as security for compliance with hisobligations in accordance with contract. AND WHEREAS we have agreed to give theconsultant such bank guaranteeNOW THEREFORE we hereby affirm that we are the guarantor and responsible to you, onbehalf of the consultant up to a total of (Amount of Guarantee)** ______________________________________________________________________

Rs. (In figure) _______________________________________ Rupees ( In words)

______________________________________________________________________

Such sum being payable in the types and proportions of currencies in which contractrisedis payable and we undertake to pay you, upon your first written demand and without cavilor argument, any sum or sums within the limits of[Amount ofGuarantee]**_______________________________________________ ______________as aforesaid without your needing to prove or to show grounds orreasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the consultantbefore presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of theconsultant or of the work to be performed there under or of any of the consultantdocuments which may be made between you and the consultant shall in any way release

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us from any liability under this guarantee, and we hereby waive notice of any such change,addition or modification. This guarantee is valid until the date ________ months after theissuing of the completion certificate. Our guarantee be C&DS Lucknow, that the said Boardwill be for all matters relating to this guarantee shall deal with our bank branch located at_________ a all communication including invocation, notice of demand and such othermatter deemed essential to be advised to and / or served on the said branch, on ourbehalf, of our bank, who without demur shall in accordance with the provision of thisguarantee.

We unequivocally surrender our rights to be informed / advised give notice in respectthereof in favour of the said branch of our bank in consideration of the aforesaid terms andconditions incorporated in this guarantee, we agree that for all the operative part andenforceability in the court of law. This guarantee shall be deemed to have issued by thesaid branch of our bank. The obligation under this guarantee shall be performed anddischarged at ___________ and the court located there at shall have jurisdiction for all thematters covered under and / or arising out of this guarantee.

SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank……………………………………………………

Address_______________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date :- ________________

Confirmed by :-Bank Branch located at LucknowWe hereby confirm the above Bank guarantee given by our Branch at___________ andwill honour the same as if it has been issued by us.

Signature & Seal

_____________________________________________Bank.

+ Consultants are not required to complete this form.** An amount is to inserted by the guarantor, representing the percentage of the contractprice specified in the contract.

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Appendix – H

CONTRACT FOR CONSULTANT'S SERVICES

BETWEEN

________________________________[Name of Client]

And

________________________________[Name of Consultants]

Dated: _____ th ___ ’2019

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I. FORM OF CONTRACT

This CONTRACT (hereinafter called the "Contract") is made the ________ day ofthe month of _________, 2019, between, on the one hand, _______ (hereinafter called the"Client") and, on the other hand, ___________ (hereinafter called the "Consultants").[* Note : If the consultants consist of more than one entity, the above should be partiallyamended to read as follows :"..... (hereinafter called the "Client") and, on the other hand, a joint venture consisting of thefollowing entities, each of which will be jointly and severally liable to the Client for all theConsultant's obligations under this Contract, namely, _____________ and___________________ (hereinafter called the "Consultants")"].WHEREAS;(a) The Client has requested the Consultants to provide certain consulting services as

defined in the request of proposal, General Conditions of Contract attached to thisContract (hereinafter called the "Services");

(b) The Consultants, having represented to the Client that they have the requiredprofessional skills, and personnel and technical resources, have agreed to providethe Services on the terms and conditions set forth in this contract ;

NOW THEREFORE the parties hereto hereby agree as follows:1. The following documents attached hereto shall be deemed to form an integral partof this contract:

(a) The General Conditions of Contract (hereinafter called "GC") ;(b) The Special Conditions of Contract (hereinafter called "SC") ;(c) The following Appendices :[Note : If any of these appendices are not used, the words "Not Used" should beinserted below next to the title of the Appendix on the sheet attached hereto carryingthe title of that Appendix]

Appendix -A : Description of the Services ______________Appendix - B : Reporting Requirements______________Appendix - C : Key Personnel______________Appendix - F : Services and Facilities Provided by the Client _______

(d) Scope of services(e) Pre Bid Meeting Minutes along with corrigendums to the bid document,

addenda etc.(f) Online submission of Financial bid

2. The mutual rights and obligations of the Client and the Consultants shall be as setforth in the Contract, in particular:(a) The Consultants shall carry out the Services in accordance with the

provisions of the contract; and(b) The Client shall make payments to the Consultants in accordance with the

provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this contract to be signedin their respective names as of the day and year first above written.

FOR AND ON BEHALF OF[NAME OF CLIENT]

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By(Authorized Representative)

FOR AND ON BEHALF OF[NAME OF CONSULTANT]

By(Authorized Representative)

[Note: If the Consultants consist of more than one entity, all of these entities shouldappear as signatories, e.g., in the following manner;]

FOR AND ON BEHALF OF EACH OFTHE MEMBERS OF THE CONSULTANTS

[Name of Member]

By(Authorized Representative)[Name of Member]

By(Authorized Representative)etc.