INVITATION FOR EXPRESSION OF INTEREST AND FINANCIAL PROPOSAL FOR

EMPANELMENT AND ENGAGEMENT OF CONSULTANTS FOR PROVIDING

CONSULTANCY SERVICES FOR PREPARATION OF DETAILED PROJECT REPORT

(DPR) FOR CONSTRUCTION OF DOUBLE LANE THREE PRONGED FLYOVER AT THE

INTERSECTION POINT OF SILCHAR HAILAKANDI ROAD & NH-53 URBAN LINK AT

RANGIRKHARI POINT IN SILCHAR CITY, ASSAM.

Last Date of Submission of Proposal : 10.05.2018 at 15.00 hrs

GOVERNMENT OF ASSAM OFFICE OF THE CHIEF ENGINEER, PWD (ROADS), ASSAM

CHANDMARI :: GUWAHATI – 3 No. CE/STBR/14/2017‐18/138                                                                                                         Date:   21 .04.2018 

SHORT NOTICE INVITING EXPRESSION OF INTEREST AND FINANCIAL PROPOSAL FOR EMPANELMENT AND ENGAGEMENT OF CONSULTANTS FOR PROVIDING

CONSULTANCY SERVICES FOR PREPARATION OF DETAILED PROJECT REPORTS (DPRS) FOR CONSTRUCTION OF DOUBLE LANE THREE PRONGED FLYOVER AT THE

INTERSECTION POINT OF SILCHAR HAILAKANDI ROAD & NH-53 URBAN LINK AT RANGIRKHARI POINT IN SILCHAR CITY, ASSAM.

The  Chief  Engineer  PWD  (Roads),  Assam,  Chandmari,  Guwahati  ‐3,  invites  Expression  of 

Interest  and  Financial  Proposal  from  eligible  Consultants  for  Empanelment  and  Engagement  of Consultants for Providing Consultancy Services for Preparation of Detailed Project Report (DPR) for “Construction of double lane three pronged flyover at the Intersection point of Silchar Hailakandi Road & NH-53 urban link at Rangirkhari Point” in Silchar City, Assam.  Detail  description  of project, Eligibility criteria, Scope of Services and payment of Professional fees etc. given in the Term of Reference may be seen at http://www.apwd.in. 

             Sd/‐  (Er H Sen) Chief Engineer PWD (Roads) Assam, Chandmari, Guwahati – 3 Memo No. CE/STBR/14/2017‐18/138 ‐A                                                                                 Date:   21 .04.2018 

Copy to: 

1) The Commissioner and Special Secretary  to  the Govt. of Assam, PWRD, Dispur, Guwahati‐6  for favour of kind information. 

2) The Secretary to the Govt. of Assam, PWRD, Dispur, Guwahati‐6 for favour of kind information. 3) Director of  Information and Public Relation  , Assam, Dispur  , Guwahati – 6 for  information and 

necessary action along with 3 spare copies for publication  in one widely circulated  local English daily & one local Assamese daily on or before 26.04.2018. The bill for the advertisement may be sent to the  Chief Engineer , PWD (Roads) Assam, Chandmari,Guwahati‐3 for payment 

4) The  Superintendent  of  Govt.  Press,  Bamunimaidam,  Guwahati  ‐21  for  publication  in  Assam Gazette 

5) Notice Board.  

              Sd/‐  (Er H Sen) Chief Engineer PWD (Roads) Assam, Chandmari, Guwahati – 3

INVITATION FOR EXPRESSION OF INTEREST AND FINANCIAL PROPOSAL FOR

Construction of double lane three pronged flyover at the intersection point of Silchar Hailakandi Road & NH-53 Urban link at Rangirkhari Point in Silchar City, Assam

(Assam Public Works Roads Department)

Traffic problem is getting worse day by day due the exponential growth of vehicular traffic in recent times. Well‐connected  flyovers are the only solution to ease traffic congestion  in busy and rapidly growing cities and towns where there  is no or  little scope for traffic diversion. A flyover essentially allows traffic to move  over  a  busy  intersecting  road, without  encountering  a  traffic  signal  and  stoppage.  A  flyover  is  an elevated road over an existing one at a junction. A flyover is designed so that some lanes of traffic completely avoid the junction. 

Silchar city is the district head quarter of Cachar district and in fact is the head quarter of the entire Southern  Assam.  It  acts  as  the  Gate  way  to  three  other  neighbouring  states  of Mizoram, Manipur  and Tripura.  The  Mahasadak  i.e.  the  East‐West  corridor  connects  the  entire  Barak  Valley  and  the  State  of Mizoram, Tripura and a part of Manipur to the rest of the country via Silchar city only.  

Rapid  urban  expansion  of  Silchar  city  is mostly  concentrated  in  city  and  its  nearby  area  exerting enormous pressure on urban amenities and causing number of urban problems. Among all, Transportation and daily traffic jam is a matter of serious concern.  

Being central Business District (CBD) of the city the stretches of the road from Rangirkhari point to Silchar Railway Station at Tarapur via premtola and Rangirkhari tri junction connecting Premtola Road, Sonali road and Hailakandi road are the major road to cater the main traffic of the CBD. The said stretches of the road is used by traffic from Silchar, Sonai, Dholai constituency of Barak Valley as well as traffic from Mizoram via sonai road, from Tripura and Hailakandi via Hailakandi road to reach the Central Business centre of Barak Valley. Considering  the present  scenario of  traffic  congestion and  to  reduce  the  same, a  flyover at  the  tri junction is the need of the hour. 

  The Govt. of Assam is now looking for eligible and competent consultants to prepare detailed project  reports  for  the  said  Flyover.  The nature of  services provided by  the Consultant will be  limited  to survey  and  investigation  of  bridge  sites,  soil  investigation, material  survey,  study  on  quarry  in  exploring suitable road and bridge construction materials, collection of all other relevant data as required in preparing the Detailed Project Report strictly in conformity with latest revision of MoRTH & IRC guidelines, preparation of detail design and drawings, estimates, bill of quantities etc, and guided by the following but shall not be limited to these items only. 

Preparation of DPR for bridges requires the following investigations:‐ 

1. Reconnaissance and  finalization of  Flyover alignment and  requirement of alternative arrangement during execution. 

2. Finalizing Span arrangement, type of superstructure and foundation in consultation with PWRD. 3. Traffic Count Survey, analysis and projection for next 20 years. 4. Sub‐Soil investigations for assessing bearing capacity of soil. 5. Preparation of detail design and drawings for Flyovers. 6. Preparation of LS & CS and Plan for approaches (along with the Flyover) 7. Preparation of estimate and Bill of quantities 8. Preparation of Land Acquisition estimate, if necessary. 9. Preparation of estimate for shifting of utilities. 10. Report preparation and submission.  

The  Govt.  of  Assam  through  the  Chief  Engineer,  PWD  (Roads)  Assam  now  invites  eligible  and competent  consultants  to  register  their  interest  for  Empanelment  and  Engagement  for  preparation  of Detailed Project Report (DPR) by submitting the following information. 

I. Organization Structure of consultancy firm indicating nature of employment (permanent/ temporary/ on contract)‐ SCHEDULE ‘A’ 

II. Financial turnover for last Three Years.‐ SCHEDULE ‘B’ III. Experience of the consultants and type of consultancies undertaken during the last three years. This 

should  accompany  certificate  from  the  clients  of  consultants  indicating  the  type  of  consultancy services provided and the consultant’s overall performance‐ SCHEDULE ‘C’  

IV.  Brief details of best five DPRs for bridges prepared by the consultants under any scheme (preference will be given to those completing DPR for Flyovers). 

V. (a)  Permanent  strength  of  consultant  organization  together with  break‐up  according  to  nature  of expertise/specialization available with the organisation. – SCHEDULE ‘D’ 

 (b) Details of personnel out of above to be assigned the tasks of field visits, design, cost estimation and preparation of DPRs 

VI.    Type  of  topographic  surveys,  soil  and material  investigation  equipment  and  instrument  available within the firm. Arrangements/tie‐up with firms having such equipment and instruments may also be indicated. 

VII    The DPR’s along with other related documents is to be submitted to the department within 120 days from  the date of  issue of work orders. The  consultant  shall express  their  capacity as  to how many bridge DPR as mentioned in above paras can be completed in all respect within the above time frames as quoted above. 

VIII    Survey  and  necessary  sub‐soil  investigations,  exploring  material  study  etc  that  is  required  in preparation  of  the  DPR,  design  of  Flyovers  and  complete  shall  be made  in  consultation with  the Executive Engineer of the divisions concerned. The  selected  consultant  shall  submit 3  (three)  copies of draft DPRs and drawings  to  this office  for 

scrutiny. After  scrutiny  of  the DPRs  and  drawings,  necessary  corrections  if  any  have  to  be  done  by  the consultants and submit 6(six) copies of final DPRs & drawings. 

The  consultant  shall quote  their  rate  in  Indian  rupee both  in word &  figure  inclusive of  all  taxes, pocket expenses etc. as may come, in providing the services, mentioned in the earlier paras. 

As the financial proposal quoted by the firms shall include all expense and tax, the remuneration will be received from this contract is subjected to tax liability at the prevailing rates in the country. 

The  department  (PWD,  Assam)  reserves  the  right  in  selecting  any  of  the  firms  submitting  the proposals for any quantum of work.   The Expression of Interest along with the financial proposal must be delivered to the address of the office  of  the  undersigned  not  later  than  15.00  hrs  of  10.05.2018  with  the  envelope  marked  clearly. “Expression  of  Interest  and  Financial  Proposal  for  Empanelment  and  Engagement  of  Consultants  for Providing Construction of double  lane  three pronged  flyover at  the  intersection point of Silchar Hailakandi Road & NH‐53 Urban  link  at  Rangirkhari  Point  in  Silchar  City,  Assam”.    Any  further  information may  be obtained from the address of the office of the undersigned during office hours up to 08.05.2018.                       Sd/‐  (Er. H SEN) Chief Engineer PWD (Roads),Assam, Chandmari, Guwahati – 3  

Memo No. CE/STBR/14/2017‐18/142                                                                                            Date:26.04.2018  

Copy to :‐ 

I. The Commissioner and Special Secretary to the Govt. of Assam, PWRD Dispur, Guwahati‐6 for favour of kind information.  

II. The Secretary to the Govt. of Assam, PWRD, Dispur, Guwahati-6 for favour of kind information. III. The M/S ………………………………………………………………………………………….

………………………………………………………… for information with a request to submit their proposal.

Sd/- (Er. H SEN) Chief Engineer PWD (Roads),Assam, Chandmari, Guwahati – 3

TERMS OF REFERENCES FOR ENGAGEMENT OF CONSULTANT FOR PREPARATION OF DETAILED PROJECT REPORT (DPR) FOR CONSTRUCTION OF DOUBLE LANE THREE

PRONGED FLYOVER AT THE INTERSECTION POINT OF SILCHAR HAILAKANDI ROAD & NH-53 URBAN LINK AT RANGIRKHARI POINT IN SILCHAR CITY, ASSAM.

1. Project information:

Traffic problem is getting worse day by day due the exponential growth of vehicular traffic in recent times. Well-connected flyovers are the only solution to ease traffic congestion in busy and rapidly growing cities and towns where there is no or little scope for traffic diversion. A flyover essentially allows traffic to move over a busy intersecting road, without encountering a traffic signal and stoppage. A flyover is an elevated road over an existing one at a junction. A flyover is designed so that some lanes of traffic completely avoid the junction.

Silchar is among the most rapidly growing cities of Assam. Heavy traffic congestion at the locations as specified has necessitated construction of a flyover at at the intersection point of Silchar Hailakandi Road & NH-53 Urban link at Rangirkhari Point those locations.

With a vision to minimize the loss of valuable time, traffic congestion, wastage of scarce hydrocarbon fuel and causalities, The Government of Assam has taken up a giant step to construct numbers of flyovers in Silchar, Dibrugarh and Guwahati and was announced along with host of other developmental schemes for this year.

2. Objectives:

• In order to quickly take up the implementation of the project, it is proposed to empanel suitable

consultants to carry out bridge investigation, Traffic survey, analysis of data, design of strengthening

scheme.

• To evolve sound proposals for construction of 2 lanes Flyover.

• To carry out engineering, economic, environment and social studies of the proposed construction at Sl-

2 above.

• To carry out the detail engineering design of the proposed Flyover based on data collected at site,

geometry of the road and sub-soil investigation, prepare cost estimate, bill of quantities, required for

tendering, as per MoRTH and I.R.C. standard guide lines

3. Scope of Works:

3.1. Feasibility Study:

a) Detailed joint Inspection at site along with concern PWD officials for ascertaining feasibility of site

and finalizing location of the proposed Flyovers.

b) This involve carrying out detailed site survey to get complete details of land, building, over head wires,

underground and overhead utilities etc.

Its include Total Station Survey of the project site. Survey with Drone will be given preference.

3.2. Data Collection:

a) The consultant shall carry out Geo-technical investigations and sub surface explorations for proposed

flyover and any other locations as necessary for proper design of the works and conduct all relevant

laboratory and field test on soil and rock samples. The bore hole details at location of every abutment

/ pier shall be taken and recorded on GAD.

b) Traffic Count Survey, analysis and projection for next 20 years.

c) Detailed survey for getting required information as regards rehabilitation of Project Affected Persons

(PAPs).

3.3. Preliminary Design:

a) The alignment plans of the Bridges after completion of topographic survey. Geometric design shall

cover the following:

1. Horizontal alignment

2. Vertical profile

3. Detailed cross –sections

4. Junctions, intersections and interchanges, if any.

b) Preparing General Arrangement Drawing which include plan, elevation, end view showing the

horizontal, vertical clear access, spanning arrangement, short notes, specifying the details of

foundation, concrete mixes as per design mix etc. complete details of utility services.

c) The GAD shall be including tentative traffic diversion plan, the phases required for execution of

flyover mark considering the utilities and traffic diversions.

d) The GAD shall be prepared taking into account the Geometric of the project in relation to the

restrictions imposed by space available.

e) The consultant shall obtain and take cognizance of remarks offered by various utility providers of

various departments of the Govt. of Assam and agencies other than the Govt. of Assam.

f) Besides geometric design, traffic survey, sub soil investigation, hydraulic design wherever relevant,

GAD shall be prepared considering aesthetic design complying with relevant IRC codes and IS codes

of practice.

g) The consultant shall prepared separate GAD for Flyover/ approaches and gets the approval from PWD.

3.4. Detailed Design and proof Checking:

a) After approval of GAD by the Department, to prepare detailed structural design & drawings, working

drawings, estimates, BOQ, Special Conditions of Contract & Specification wherever necessary etc.

b) To take cognizance of the remarks of various utility providers within and outside PWD while

preparing GAD & designing.

c) Detail traffic diversion plan to be submitted based on detail traffic survey.

c) Preparation of Design Basis Report (DBR).

d) Preparation of Detailed Estimate, Rate analysis for items not covered in SOR.

f) To attend meetings in connection with the work. Technical points raised in the meetings shall be

suitably replied within 15 (Fifteen) days.

g) The design submitted by the consultants may be subjected to proof checking by any other consultant or

institutions like IIT, AEC etc. The design consultants to modify the design, if required, after proof

checking within 7 (seven) days.

h) All submission related to design and drawings to be done in soft & hard copy.

3.5. General criteria:

a) The consultant shall have to ensure quality assurance in his work and shall be responsible for

acceptance / approval by the concerned Ministry / PWD.

b) The DPR’s along with other related documents is to be submitted to the department within 180 days

from the date of issue of work orders. Project preparation including submission of the final DPR’s and

reports for all assigned works shall be completed in phases.

c) It will be incumbent upon the Consultant to clarify / modify any points raised by PWD.

4. Deliverables:

Stage I

• Preliminary survey report indicating exact Start & End points, site features, remarks of various

departments and external utilities etc.

• Report as regards all collected data and test result etc.

• GAD of bridges clearly indicating span, type of superstructure, type of foundation and finished deck

level, detail of substructure and foundation drawings.

• Detail design calculation for the bridge and estimate.

• Traffic diversion plan

• L.A. estimate

• Estimate for utility shifting.

Stage II

• Draft DPR in suitable packages as desired by the client along with necessary design, drawings,

estimates, reports.

• Final DPR after scrutiny and incorporating any corrections, modifications pointed out by the

Department.

All submission related to design and drawings to be done in soft & hard copy.

5. Service and facilities to be provided by the Client / Government :

The Govt. shall not provide any services and / or facilities to the appointed consultant during

the feasibility studies or detailed Engineering studies. The consultant will have to arrange for all

facilities / services required to carry out the assigned work on this project at their cost. However,

introductory / recommendation letters shall be provided to the consultants on request for obtaining

desired services and facilities from concerned authorities, for which the consultants shall make

payments to the concerned authorities directly. The concerned Executive Engineer will, on request,

provide data relevant to the assigned work.

6. Evaluation of Proposals:

The proposals will be evaluated on the basis of information submitted in the proposal.

In comparing proposals, efficiency and reliability of consultant(s) and the eligibility criteria mentioned

in the proposal document shall be considered.

7. Payment Schedule:

Payment schedule of the work will be as follows:

i) Submission of preliminary report and survey data - 25% of the value of Consultancy service

ii) Submission of Draft DPR for scrutiny - 25% of the value of Consultancy service

iii) On acceptance by the Department of final scrutinized DPR – 40% of the value of Consultancy service

The balance 10 % of the total value of the Consultancy Service will be released after start of the

construction work or 6(six) months after final acceptance of the DPR whichever is earlier. The Consultant will

submit bills as per above schedule to the concerned Executive Engineer. The Executive Engineer will verify

the bills and make arrangement for payment. The rates are inclusive of all taxes etc. The Consultants shall pay

the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted laws during

life of this agreement and the Client shall perform such duties in regard to the deduction of such tax as may be

lawfully imposed.

8. Performance Security:

Performance security amounting to 5% of the contract price to be deposited at the time of signing the

agreement in the form of Bank Guarantee / Fixed deposit from any scheduled bank and will be released within

4 (four) weeks from the date of final acceptance of the DPR by the department.

9. Penalties:

In case consultant fails to render satisfactory services (to be determined by the department) with regard

to any portion of the activities comprising the Consultancy or in providing timely reports with regard thereto,

in case of deficiencies in performance are found during scrutiny of DPR by the department and during

execution of works the Consultant shall be liable to pay penalty @0.25% (One fourth percent) per calendar

day subject to maximum of 10% (ten percent) of the contract sum calculated pro rata for the activity. However,

if provision of services is delayed due to the department, suitable extension of time for completion of services

shall be granted upon receipt of express request containing full justification.

10. Termination:

If the consultant fail to show proportionate progress of work and can be presumed that in no way the

work will be completed within the targeted time, the work will be withdrawn from the consultant without

showing any reason thereof.

11. Payment upon Termination

If the contract is terminated because of a fundamental breach of contract by the contractor failing to

show proportionate progress, the performance security deposited at the time of signing the agreement will be

forfeited and shall be the property of the client

12. Minimum Qualifying criteria:

(i) Staff strength of 20 key personnel comprising of road construction engineer, bridge engineer,

transportation engineer, material specialist, Geotechnical specialist, hydraulic specialist, surveyor,

quantity surveyor.

(ii) Experience of having prepared a minimum of 5 DPRs for Flyover project during the previous three

years

(iii) An annual average financial turnover of Rs. 1.5 Crore during the last three years

(iv) Undertaking that the firm has not been blacklisted by any government department/agency

(v) Undertaking that the firm has not abandoned any work under any government department/agency

Quality Cum Cost Based System (QCBS) method will be used for evaluation and selection of

consultants. In this method, proposals will be ranked according to their combined technical (ST) and financial

(SF) scores. The weights for technical and financial scores will be 70 and 30 respectively.

SCHEDULE ‘A’

STRUCTURE AND ORGANIZATION

(Documentary proof to be enclosed wherever required)

1. Name of Applicant with full address :

2. Tel. No. :

3. Fax No. :

4. Email :

5. Whether the firm is an individual, proprietary concern, a Registered Partnership firm or a Limited Company.

:

6. Name and address of the Chief Executive or the person holding the Power of Attorney, if any.

:

(i) Place of Business. : 7.

(ii) Date of Registration. :

8. Name of bankers with full address. :

9. Permanent Account Number (copy of PAN Card to be enclosed)

:

10. Copy of audited Balance Sheet of the last three financial years duly examined and certified by a Chartered Accountant.

:

11. Details of empanelment with any other SRRDA or Central/State government agency.

:

Total number of professionals in the organization

:

Management :

Senior :

12.(i) (a)

Junior :

Road and Bridge engineers :

Senior :

(b)

Junior :

others :

Senior :

(c)

Junior

:

Number of dedicated professionals proposed for this woks

:

Management :

Senior :

12.(ii) (a)

Junior :

Road and Bridge engineers :

Senior :

(b)

Junior :

others :

Senior :

(c)

Junior :

* Senior means more than 10 years of experience

SCHEDULE ‘B’

(Documentary proof to be enclosed)

1. Give Balance Sheet and turnover of last three financial years of Company

2. Information in following format.

Financial Status

Value of Consultancy Contracts completed Sl. No. Year

Project Preparation Design Total

SCHEDULE ‘C’

Format for Experience of Firm in Preparing DPR

Details of work done during last five years

Sl. No.

Name of work Length of Bridge(m) (ROB/RUB/Flyover)

Nature and brief scope of

consultancy services

Name of client

Cost of consultancy contract (Rs.

In Lakh)

Remarks

SCHEDULE ‘D’

Information about key personnel including road construction engineer, bridge engineer, transportation engineer, material specialist, Geotechnical specialist, hydraulic specialist, surveyor, quantity surveyor.

Sl. No. Field of Specialization No. of Persons

Brief Profile of Key Personnel

1. Name :

2. Date of Birth :

3. Educational Qualification : (Proof of qualification to be enclosed) 4. Member of Professional Institutes :

5. Experience in the field of Road/Bridge Engineering :

6. Experience in preparation of DPRs for Roads/ Bridges :

7. Since when employed in the Company :

CONTRACT AGREEMENT FOR CONSULTANCY SERVICES

This Agreement is made on the …………………………….. day of ……………….2017 between the

Governor, State of Assam acting through the Chief Engineer , PWD (Roads), Assam of Public Works

Department of Assam ( Hereinafter called the “ Employer ” which expression shall unless excluded by or

repugnant to the context be deemed to include his successor in office and assign ) of the ONE PART And

M/S ………………………………………………………………………………………… a company

incorporated under the companies Act 1956 and having its registered office at …………………………………

…………………………………….in the State of ………………………….. ( through its Managing Director

Shri …………………………………………………… ( hereinafter called the said “Consultant” which

expression shall unless the context requires otherwise include its successors and assigns) OF THE OTHER

PART. WHEREAS the employer has invited the Consultant to provide consultancy services (Hereinafter

called the “services and fully described in terms of reference for consultancy appended as Appendix–I and

clarificatory letter nos. ………………………………………………..dated ………………… and

………………………………………………………… collectively enclosed as appendix – II AND

WHEREAS the consultant has agreed to provide services on terms and conditions set forth in this contract.

Now, this agreement witness that the parties hereto hereby agree as follows

ARTICLE 1: GENERAL

1. General

1.1 For the purpose of agreement, the following expression shall have meaning hereby assigned to except

where the context otherwise requires:

a) Employer representative means Chief Engineer, PWD(Roads), Assam.

b) The Consultants representative for the purpose of the work shall mean the team leader Sri

…………………………………………………………. or any one duly authorize by him on writing.

Date of start shall be reckoned as 2 day from the date of issue of notice to start or the actual date of

start of services whichever is earlier.

Words importing the singular shall also include the plural and vise-versa where the context so

requires.

The headings of marginal notes in this agreement shall not be deemed to be part thereof or of the

contract.

ARTICLE 2 : SCOPE OF WORKS

2.1 Scope of Work

The consultant shall perform the services under this agreement in accordance with the Term of

Reference set forth in Appendix-I and clarificatory letters no.…………………………..

Dated ……………………….. and appended collectively as Appendix – II shall be deemed as part of this

contract agreement. In case of any conflict between the provisions mentioned in the Term of Reference and the

provision of the contract agreement, the decision of Employer shall be final and binding on the consultant.

ARTICLE 3 : TIME SCHEDULE

3.1 Time of Schedule

The consultants will commence the services as soon as possible but not later than 2 day after the

Employer has given to the consultant notice to proceed the services. Each stage of work will be completed as

per Schedule given.

SCHEDULED SERVICES

1. Submission of site plan and priliminary data -45 days from the date of start.

2. Submission of Draft Detailed Project Report -90 days from the date of start.

3. Submission of Final Detailed Project Report -120 days from the date of start.

. The article 3 is indicative and will be substituted as given in TOR.

3.2 Time and dates stipulated above shall be deemed to be the essence of the contract.

PROGRESS OF WORK

3.3 If for any reason, which in the option of the employer’s representative does not entitled the consultant

to an extension of time or the rate of progress of the works of any section is, at any time, too slow to make it

impossible for the Consultant to complete the services by the prescribed time or extended time, the Employer

may notify the delay to the Consultant in writing and the Consultant shall thereupon, with the approval of the

Employer, which shall not be unreasonably withheld, takes such steps as are necessary to expedite progress so

as to complete the works or such sections by the prescribed time or extended time. The Consultant shall not be

entitled to any additional payment for taking such steps. Such extension shall be without prejudice to the right

of employees to terminate the contract.

ARTICLE 4 : PAYMENTS OF REMUNERATION

Payment of Remuneration to the consultant shall be on the basis of actual measurement as per

accepted rates shown in Annexure –II

Payments of remuneration for the performance of all services related to his agreement shall amount to

Rs. ……………………………………………(Rupees ………………………………………………………

…………………………..) only and shall become payable in stage as mentioned below :

SCHEDULE OF PAYMENTS

Payment Schedule: Payment schedule of the work will be as follows:

i) Submission of preliminary report and survey data - 25% of the value of Consultancy service

ii) Submission of Draft DPR for scrutiny - 25% of the value of Consultancy service

iii) On acceptance by the Department of final scrutinized DPR – 40% of the value of Consultancy service

The balance 10% of the total value of the Consultancy Service will be released after start of the

construction work or 6(six) months after final acceptance of the DPR whichever is earlier. The Consultant will

submit bills as per above schedule to the concerned Executive Engineer. The Executive Engineer will verify

the bills and make arrangement for payment. The rates are inclusive of all taxes etc. The Consultants shall pay

the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted laws during

life of this agreement and the Client shall perform such duties in regard to the deduction of such tax as may be

lawfully imposed

Any under prepared, incomplete/inadequate or part submitted shall be deemed as valid submitted. The

adequacy of the submittal shall be determined at the sole discretion of client. Client will, generally accord

approval within 2 to 3 weeks of submission of preliminary/final report.

ARTICLE 5 : PERSONNEL, SUB-LETTING & OFFICE SET UP

5.1 PERSONAL

a) The service shall be carried out by the consultant through their own personnel.

b) Except as the employer may otherwise agree, no changes shall be made in the personnel. If for any reason

beyond the reasonable control of the consultant it becomes necessary to replace any of the personnel, the

consultant shall forth with provide as replacement, person of equivalent or better qualifications after obtaining

prior approval of Employer.

c) In the event that any persons of Consultant found by the Employer to be incompetent in discharging his

assigned duties, the employer may request the Consultant to forthwith provide as replacement a person with

qualification and experience acceptable to the Employers. The consultant shall bear all additional costs arising

out of or incidental to any replacement.

5.2 Except where otherwise provided else where in the Contract, the Consultant shall not assign or sublet the

services or any part thereof nor engage any independent consultant or sub - contractor to perform any part of

the service without prior written consent of the Employer. In the event of sub-contracting between the

Consultant and other relating to the services and any proposed amendment hereof in detail for approval of

Employer.

5.3 The approval of the Employer to the arrangement of any part of the contract or to the engagement by the

Consultant of an independent Consultant or sub-contractor to perform any part of the services shall not relieve

the Consultant of any its obligations under the contract.

5.4 The Consultant shall establish local office at the State H.Q., Guwahati within 7 (seven) days from the date

of issue of notice to proceed with work and intimate the employer name, address, e-mail add, telephone no. ,

mobile no. , of the authorized representative of the consultant who shall be the contact person as and when

required .

5.5 Authorized Representative

Any action required or permitted to be taken, and any document required or permitted to be executed,

under this contract, may be taken or executed on behalf of the Consultant by the Team leader or his designated

representative and on behalf of the Employer by the Executive Engineers of the concerned Divisions.

5.6 Notice of Requests

Any notice or request required or permitted to be given or made under this contract shall be in writing.

Such notice or request shall be deemed to be duly given or made when it shall have been sent/ mailed by

registered post or hand delivered, telex or cabled to at such other address as either party may specify in

writing.

For the Employer :

Name : Er. H Sen , Chief Engineer, PWD (Roads) Assam

Address : O/o The Chief Engineer, PWD(Roads), Assam, Chandmari, Guwahati -3

Fax : 0361-2660774 Telephone : 0361-2660079 Email id : as-guw2 @ nic.in

For the Consultant : Name : Address : Firm Registration No: Telephone : Service Tax Registration No: Bank Details : Name of Bank : A/C No : RTGS No :

Fax : Email id:

ARTICLE 6 : CONSULTANT’S RESPONSIBILITIES

6.1 The Consultant shall carry out the services with the due diligence and efficiency and in conformity with

sound engineering, administrative and financial practices. He shall execute and complete the work in all

respect to the satisfaction of the employer and do all other things required to be done for such execution and

completion.

6.2. The Consultant shall act all times so as to protect the interest of the Employer and will take all reasonable

steps to keep all expenses to the minimum consistent with sound economic and engineering practices.

6.3. The Consultant shall prepare all specifications and designs using the metric system and the latest design

criteria.

6.4. Quality Assurance

The Consultant shall prepare an in-house quality assurance plan for the “Services” and get it approved form

the Employer so as to ensure satisfactory quality of the consultancy services in conformity with assigned

Terms of Reference. The Consultant shall ensure to the satisfaction of the Employer that quality assurance is

duly exercised within their organization. The empanelment is subjected to satisfactory and professional

performance by the consultants. The consultant engaged for a particular DPR shall, under the agreement with

the Department, be fully responsible for the accuracy of data, analysis, design and BOQ of the project report.

In case of deficiencies found in the performance of consultants during execution of works or otherwise,

suitable corrective and deterrent actions may be taken by the Employer.

6.5 The Consultant shall ensure that the specifications and design and all documents relating to the project are

prepared on an impartial basis and no particular product or company or trade name is given advantage. The

remuneration of the consultant charged to the Employer according to this agreement shall constitute his only

remuneration in connection with the agreement and neither he nor his personnel shall accept any trade

commission, discount, Allowance or any other considerations in connection with or in relation the Agreement

or to the discharge of his obligations there under. The Consultant shall not have the benefit either directly or

indirectly of any royalty or of any gratitude or commission in respect of any patented or protected article or

process used on or for the purpose of the Agreement unless it is mutually agreed in writing that he may do so.

6.6 The Consultant shall promptly furnish to the Employer such information relating to the services and the

project as the Employer may form time to time reasonably request.

6.7 Indemnifications The Consultant agrees to indemnify, protect and defend at his own expenses the

Employer and their agents from and again all actions, claims and liabilities arising out of acts done by the

consultants or the Personnel in the performance of this Contract including the use or violation of any copyright

works of literacy or intellectual property or patented invention, article or appliance.

6.8 Confidentiality Except with the prior written consent of the Employer, the Consultant and the Personnel

shall not any time communicate to any person or entity any confidential information disclosed to them for the

purpose of any Services or discovered by them in the course of the Services, nor shall be Consultant or his

personnel make public any information as to their recommendations formulated in the course of or as a result

of the Services.

6.9 Prohibition on Association The Consultant agrees that during and after the conclusion or termination of

this Contract’s the Consultant limits its role under the Project to the Provision of the Services and hereby

disqualifies itself and other contractor, consulting engineer or manufacturer with which the Consultant is

associated or affiliated from the Provision of goods or services in any capacity for the Project including

bidding for any part of the Project except as Employer may otherwise expressly agree.

6.10 Prohibition on Conflicting Activities No member of the personnel assigned to the contract shall engage

directly or indirectly, either in his name or through Consultant, in any other business or professional activities

other than the performance of his duties or assignment under this Agreement.

6.11 Proprietary Right of the Employer in Equipment :

a) Equipment supplied by the Employer for the Project shall remain at all times the property of the

Employer and shall be returned by the consultant in accordance with procedures to be determined by the

Employer.

b) Equipment including computers and peripherals and vehicles purchased by the employer or by the

consultant for the Employer for the purposes of the project shall be the property of the Employer.

6.12 Interim/Final versions of the design/ report submitted to the Employer in all respects and relevant data

such as maps, diagrams, plans, statistics and supporting records or material compiled or prepared in the course

of the Services shall be confidential and shall be the absolute property of the employer. The Consultant shall

sort out and index all such material and deliver all these materials to the Employer upon completion of this

Contract. The Consultant may retain a copy of such data but shall not use the same or purposes unrelated to

this Contract without prior written approval of the Employer.

6.13. Insurance :

a) The Consultant shall at their costs take out and maintain adequate insurance against all plans relating to

third party liability.

b) The Employer undertakes no responsibility in respect of any life, health, accident, travel and other insurance

which may be necessary or desirable for the personnel of or sub contractors and specialist associated with the

Consultants for the purposes of the services nor for such members of the family of any such person.

6.14. Review of Progress : The consultant shall be required to attend the office of the Employer to review

progress and receive instructions as and when required by the Employer at his own costs which will not

normally be more than twice in a month.

6.15 The Consultant shall be responsible for any inaccuracy/omission in data used for the services (e.g. field

levels for detailed engineering if any errors are noticed, e.g. at the time of setting out of project), the consultant

shall verify the same at his risk and cost including preparation of fresh drawings/records as called for.

ARTICLE 7: EMPLOYER’S RESPONSIBILITY

7.1 The Employer shall be fully authorized to give clearance to all reports and make payments for the services

and facilities as detailed in Terms of Reference.

7.2 Employer shall ensure payments to the Consultant within one month of the due date of payments as per

schedule of payments (Article 4) to confirm to T.O.R. and the Minutes of Contract negotiation if any. In the

event of delay in payment beyond the period, the consultant shall be entitled to claim of 5 (Five) percent

interest per annum for this period beyond one month from the date the payment became due.

7.3 The Employer, while giving extension of time, shall also issue a variation order stating the reasons for

extension and the amount which the Consultant will be entitled to on account of extension.

ARTICLE 8 : VARIATIONS

8.1 The contract may be varied by agreement between the parties. All such variations, including variations in

scope in the time and cost estimate shall be in writing signed by the duly authorized representatives of the

parties. Variations, which are natural extension of services or are essential for completion of services, shall not

be refused by the Consultant.

8.2 The Consultant wherever required shall submit a detailed break-up of cost of the contract amounts into

various components of the work from the start of the work and the variations shall be priced on the basis of

this break-up.

8.3 Should the amount of extra or additional work of any kind or any cause of delay referred to in these

conditions, or exceptional adverse climatic conditions, or other special circumstances of any kind whatsoever

which may occur, other than through a default of the Consultant to an extension of time for the completion of

the works, the Employer on application from the Consultant determine the amount of such extension and shall

notify the consultant accordingly provided that the Employer is not around to take into account any extra or

additional work or other special circumstances unless the consultant has within 7 (seven) days after such work

has been commenced, or such circumstances have arisen, or as soon thereafter as is practicable, submitted to

the Employer’s Representative full and detailed particulars of any extension of time to which he may consider

himself entitled in order that such submission may be investigated at that time.

ARTICLE 9 : GENERAL PROVISIONS

9.1 Suspension

If any of the following events shall have happened and be continuing, the Client may by written notice to the

consultant suspend in full or in part payments to the consultant under the Contract:

A default shall have occurred in the extension of the terms under the Contract on the part of the consultant.

Any other condition, which has arisen while, in the reasonable opinion of the client, interferes, or threatens to

interfere, with the successful carrying out of the project or the accomplishment of the purposes of the Contract.

9.2 SETTLEMENT OF DISPUTES

a) Amicable Settlement

The parties shall use their best efforts to settle amicably all disputes arising out of or in connection

with this agreement or the interpretation thereof.

b) Amicable Settlement

Any dispute between the Parties as to matters as to matters arising pursuant to this agreement, which

cannot be settled amicably within 30(thirty) days after receipt, by one party or the other parties,

request for such amicable settlement may be submitted by either Party for settlement in accordance

with the provisions specified in clause (c) hereof.

c) Any dispute or difference of any kind whatsoever shall arise in connection with or out of this contract

and which is not amicably settled between Consultant and the agency as per provisions of Clause (b)

of the agreement the same shall be referred for settlement to the Adjudicator in the person of the

Secretary (or the Head) of the Nodal Department of the State Govt. within fourteen days of arising

such disputes. The Adjudicator shall give a decision in writing within 28 (twenty eight) days of receipt

of a notification of dispute. Performance under the Contract shall continue not withstanding the

reference to the Adjudicator.

d) Any Party not satisfied with the decision of the Adjudicator shall be free to refer the case for

arbitration under the provision of The Arbitration and Reconciliation Act 1996 within 30 (thirty) days.

If neither Party prefers the dispute to Arbitration within the above 30 (thirty) days, the Adjudicator’s

decision will be final and binding.

e) Except where the decision has become final, binding and conclusive in terms of sub Clause (d) above,

the dispute or difference shall be referred for Adjudication or Arbitration by a sole Arbitrator

appointed by the Secretary (or the Head) of the Nodal Department of the State Government.

f) It is the term of this Contract that the Party invoking arbitration shall give a list of dispute with amount

claim in respects of each such dispute along with notice for the appointment of arbitration and giving

reference to the rejection by the adjudicator.

g) The cost and expense of arbitration proceedings shall be paid as determined by the arbitrator.

9.3 Miscellaneous

In any arbitration proceeding hereunder:

a) Proceeding shall, unless otherwise agreed by the Parties, be held in the State Capita.

b) The English Language shall be the Official Language for all purpose; and

c) The decision of the arbitrator shall be enforceable in any Court of Competent jurisdiction, and the

Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

9.4 Jurisdiction

The Contract has been entered into the state of [ ______________ ASSAM ____________________]

and its Validity, Construction, Interpretation and legal effect shall be to the exclusive jurisdiction of

the Court in [ ___________________ GUWAHATI __________________________] or of the Court

at the place where this Agreement is entered into. No other jurisdiction shall be applicable.

9.5 Force Majeure

a) If either party is temporarily unable by reason of force majeure or the laws or regulation of the Govt. of

India to meet any of its obligations under the Contract, and such party gives to the other party written notice of

the event within 14(fourteen) days after his occurrence, such obligations of the party as it is unable to perform

by reason of the event shall be suspended for as long as the inability continues.

b) Neither party shall be liable to the other party for loss or damage sustained by such other party arising from

any event referred to in Section 6.06 (a) or delays arising from such event.

c) The term “Force Majeure” as employed herein shall mean acts of God, strikes, lockouts or other industrial

disturbances acts of the public enemy, wars, blockades, insurrection, riots, epidemics, landslides, earthquakes,

storms, lightening, floods, washouts, civil disturbances, explosion and any other similar events, not within the

control of either party and which by the exercise of due diligence neither party is able to overcome.

ARTICLE 10 : COMPLETION

10.1 The contract shall become effective from the date of notice to proceed with the services and shall be in

full force until the services and all payments thereof have been completed and at such time a “Completion

Certificate” shall be issued by the Employer and the parties hereto shall be mutually released from all

obligations of providing further services, unless otherwise specified in this agreement.

IN WITNESS WHEREOF, the parties hereto through their duly authorized representatives have set

their hands and seal the day and the year first above written at ______________________________________

______________________________________________________.

SIGNED BY THE SAID ON BEHALF OF THE EMPLOYER

SIGNED BY

IN THE PRESENCE OF:

1.

2.

SIGNED BY THE AFORESAID CONSULTANT

UNDER THE COMMON SEAL OF __________

SIGNED BY

Affixed in pursuance of the provision of _______________________________________ Rule ___________

_____________________________________________ Rules of the articles of association and / or Resolution resolved in the Extra / Ordinary General / Board Meeting of the Consultants held on ____________________

__________________________( whichever is applicable).

Note: Person signing for the consultants shall be required to give evidence of fact that he is authorized to sign on behalf of the firm, company etc. as required).

PROFORMA FOR BANK GUARANTEE

To

The Chief Engineer, P.W.D (Roads)

Assam, Chandmari, Guwahati-3.

(Please state the name of the work)

Sir,

In consideration of (the name of the employer) acting through ____________________________________

(hereinafter referred to as “Employer”) releasing advance payment amounting to ________________________

_____________________________________________ Amount* of advance to be stated) to M/s _________

______________________________________________ (hereinafter referred to as “Consultant”) in terms of

the provision of the contract dated ___________________ entered into by and between the Employer and the

Consultant (hereinafter referred to as “Contract”). On submission by the Consultant, a Bank Guarantee for an

Amount of ______________________________________ (same amount as that of advance) amount in

words) for a period of __________________ (please state period in months). We, the other particulars of

Bank) (hereinafter referred to as Bank), unconditionally and irrevocably guarantee, prior obligor and not

merely as surely, due payment to the Employer as undertak e to pay immediately on demand without any

demuri an amount not exceeding ________________________ (please state the amount of Bank Guarantee)

(in words) ____________________________ into the account of the Employer as may be indicated in the

Demand letter.

1. We further agree that no change or addition to or other modification of the terms of the Agreement or of

works to the performed there under or of any of the agreement which may be made between the Employer and

the Consultant, shall in any way release us for any liability under this guarantee, and we hereby waive notice

of any such change, addition or modification.

2. The agreement shall remain valid and in full effect from the date of the advance loan payment the

Consultant under the Agreement until the Employer receives full payment under the terms of the contract as

well as under these presents from the Consultant.

3. Any demand made as such by the Employer to the Bank shall be conclusive evidence of Bank’s liability

hereunder and prior to make any demand, the Employer shall not be required to take any steps, exercise any

remedies against or give notice to the Consultant.

4. While the Guarantee continues, the Bank shall no exercise any rights to claim any sum from the

Consultant’s insolvency until full satisfaction of the Employer’s claim to the extent of the Bank’s liability

hereunder. The liability of the Bank under this Guarantee shall not be effected by any change in the

constitution of the Consultant or of the Bank. Notwithstanding anything contained hereinafter, our liability

under this bond is restricted to Rs. ______________________ (Rupees _______________________________

_______________________________) only and interest thereon at the rate of &** ____________________

for the period of delay in payment beyond 15 (fifteen) days from the date of receipt of demand by the

Employer. It will remain in force still*** ______________________________________ unless an action to

enforce a claim under this guarantee is filled, on or before ________________________________, all the

rights of the Employer under the said guarantee shall be forfeited and the Bank shall be relieved and

discharged from all liability there under.

*Same amount as that of Bank Guarantee in para 1 above. **Rate as applicable to the working capital loans by

the Central Govt. to be filled up. ***One month later than period mentioned in para 1 above.

IN WITNESS whereof we the Bank, through our authorized representative have executed and at our seal on

this ______________________ day of ____________________201__.

Signature of Authorized Representative(s) of the Bank

Witness:

1.

2.

Form of Unconditional Bank Guarantee from Contractors for Performance Security.

To __________________________________________________[Name of Employer]

__________________________________________________[Address of Employer]

WHEREAS, ___________________________________________[Name and Address of Consultant] (hereinafter called ‘the Consultant’) has undertaken, in pursuance of Contract No. __________________dated to execute ________________________________[Name of Contract and brief description of works] (hereinafter called “the Contract”); AND WHEREAS it has been stipulated by you in the said Contract that the Consultant shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the contract; AND WHEREAS we have agreed to give the Consultant such a bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantee and responsible to you, on behalf of the Consultant up to a total of _____________________________[amount of guarantee]1 ________________ [in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of _________________________ [amount of guarantee] as aforesaid without your needing to prove or show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessary of your demanding the said debt from the Consultant before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed there under or of the Contract documents which may be made between you and the Consultant shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until 180 days. Signature and Seal of the Guarantor : _________________________________ Name of Bank : __________________________________________________ Address : ________________________________________________________ Date : ________________________ 1. An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract including additional security for unbalance Bids, if any and denominated in Indian Rupees.