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GOVERNMENT OF ASSAM

PUBLIC WORKS DEPARTMENT


(BUILDING WING)

BIDDING DOCUMENT

Selection of Consultant for Project Management Consultancy Services (PMC)


for

“Modernization of Assam State Zoo cum Botanical Garden, Guwahati”

OFFICE OF THE CHIEF ENGINEER, P.W.D.(BUILDING), ASSAM


CHANDMARI, GUWAHATI-3.
CEB-Arch0MISC/37/2023-ARCT-II-CEB-Chief Engineer, Building

I/401024/2024

GOVERNMENT OF ASSAM

OFFICE OF THE CHIEF ENGINEER:: PWD BUILDING:: ASSAM::GUWAHATI-3

No. I/401024/2024 Dated: 08-01-2024


PRESS NOTICE
In Cancellation to the earlier press notice published vide no I/315474/2023 dated 19th October,
2023 The Chief Engineer, P.W.D (Building), Assam, on behalf of the Governor of Assam re-invites Bids for
Technical & Financial offer as per Request for Proposal from qualified and experienced firms (criteria as per
RFP document) for providing “Project Management Consultancy Services” for the following work:
Sl. No. Approx. Value of the
Name of Work Approx. PMC Value
project
1 PMC services for “Modernization of Assam
State Zoo cum Botanical Garden, Guwahati” Rs. 6.29 Cr including
Rs. 277.81 Cr
GST

The details/RFP document may be seen in e-procurement portal website i.e. www.assamtenders.gov.in
The validity period of the Bid shall be 180 days from the date of submission.
The Bidders must be registered with the E-tendering system (ETS) of the Govt. of Assam.
(website: http//assamtenders.gov.in)

The Chief Engineer P.W.D (Building), Assam reserves the right to accept or reject any or all proposals
without showing any reasons what so ever.
Value of the work may vary as per requirement of the client department.
Formal Work Order will be issued after receipt of Administrative Approval from Govt.

Chief Engineer, PWD (Bldg.),


Assam, Chandmari, Guwahati-3.

Memo No. I/401024/2024 Dated: 08-01-2024


Copy to:-

1. The P.P.S. to the Hon’ble Chief Minister Assam, for kind appraisal of Hon’ble Chief Minister.
2. The Spl. Commissioner & Spl. Secy. to the Govt. of Assam, PW (Bldg. & NH) Deptt., Assam, Dispur,
Guwahati-6 for kind information.
3. The Principal Chief Conservator of Forests and Head of Forest Force, Assam, Aranya Bhawan,
Panjabari. Ghy-37 for kind information.
4. The Principal Chief Conservator of Forests, Wildlife and Chief Wildlife Warden, Assam, Aranya
Bhawan, Panjabari. Ghy-37 for kind information.
5. The Director of Information and Public Relation, Govt. of Assam, Dispur, Guwahati-6 with a request to
publish the notice in one issue of widely circulated national newspaper in English in the editions
published from Delhi and also in two widely circulated local daily newspaper - one in English and one in
Assamese on or before 08-01-2024 and to furnish the circulated copies of the Newspapers (one copy of
each issue) to the office of the undersigned.
6. The Director, Printing and Stationary, Govt. Press, Bamunimaidam, Guwahati-21, for information with a
request to publish the notice in the Assam Gazette on or before 08-01-2024.
7. The Superintending Engineer, P.W.D. Guwahati Building Circle I, for information and wide circulation.
8. Divisional Forest Officer, Assam State Zoo Division, Ghy-5 for information.
9. The Executive Engineer, P.W.D. Dispur & Guwahati East TB Division for information and wide
circulation.
10. The Executive Engineer, P.W.D. Technical Branch I of this office for information and wide circulation.
11. Notice board / tender file.
0ijoij
(E-signed)
Chief Engineer, PWD (Bldg.),
Assam, Chandmari, Guwahati-3.
CEB-Arch0MISC/37/2023-ARCT-II-CEB-Chief Engineer, Building

I/401025/2024

GOVERNMENT OF ASSAM
OFFICE OF THE CHIEF ENGINEER PWD (BUILDING) ASSAM,
CHANDMARI, GUWAHATI-3.
No. I/401025/2024 Dated 08-01-2024
DETAIL NOTICE INVITING PROPOSAL FOR PMC SERVICES
The Chief Engineer, P.W.D. (Building), Assam, on behalf of the Governor of Assam re-invites bids for Technical
& Financial offer having eligibility criteria as laid down in the standard bidding document for the project PMC
services for “ Modernization of Assam State Zoo cum Botanical Garden, Guwahati”. Details of the bid may be
seen at e-procurement portal website i.e.www.assamtenders.gov.in
The bidders must be enrolled in www.assamtenders.gov.in
Sl Approx. Approx. PMC Time of Cost of RFP
No Bid Security
Name of Work Project Value Completion Document
(in Rs)
Cost (in Rs) (in Rs.)
PMC services for
1 “Modernization of Rs. 655.60 42 (Forty two)
Assam State Zoo cum 277.81 Cr Lakh (Including months Rs. 11,11,240.00 Rs.11,110.00
(including D/L
Botanical Garden, GST) perid)
Guwahati”
The bidders may submit bids for the work as below:-

1. The Contractors / Bidders must be registered with the E-tendering system provider for participating in
the bidding process. The Bidding document may be downloaded through the e-procurement portal
assamtenders.gov.in by using their own user ID.
2. Online submission of Technical & Financial Bid is mandatory. Manual submission (without online
submission) of bid will be considered as non-responsive. Bidders are to submit the required papers for
technical bid by scanning and uploading the same in the e-procurement portal
www.assamtenders.gov.in before the expiry of the sequence - ‘Bid submission’ in the activity schedule
mentioned below at Sl-4. Documents submitted in any other website other than
www.assamtenders.gov.in will not be considered for acceptance.
3. The bidder shall submit the cost of the bid document Bid security / EMD by online method through net
banking or RTGS/NEFT.
4. The activity schedule for tendering process of the above-mentioned packages shall be as per the
schedule shown below.
Activity Schedule
Stage Start End
No APWD Stage
Date Time Date Time
1 Publishing Date 08-01-2024 11:00 P.M - -
2 Download of Tender 08-01-2024 2:00 P.M 29-01-2024 2:00 P.M.
3 Online Bid Submission 17-01-2024 2:00 P.M 29-01-2024 2:00 P.M.
4 Technical Bid Opening 30-01-2024 4:00 PM - -
5 Financial Bid Opening TO BE NOTIFIED LATER

5. Pre bid Meeting will be held as per following time &venue,


Start Time Closing Time Venue
12:30 hrs. on 17-01-2024 13:00 hrs. on 17-01-2024 O/of the Chief Engineer, P.W.D.(B),
Chandmari, Guwahati-3

6. In the event of any holiday in the sequence of the Activity Schedule, the activities will take place on the
next working day.
7. A hard copy of the technical proposal/bid submitted online is to be submitted within 24 hours of online
bid closing date and time for evaluation purpose. Copy of the following documents must be submitted
on 30-01-2023 up to 2.00 P.M. at the office chamber of the undersigned along with the hard copy of the
technical bid.
(a) Original Power of Attorney for signing the BID.
(b) Scan copy of online payment receipt of Cost of bid & BID Securities.
(c) Original copy of affidavit.

8. For any discrepancy between the online bid and the hard copy of the bid, the online bid will govern and
will be considered for evaluation.
9. Bidders are advised to scan their Technical Papers at 100dpi (In Black & White mode) in pdf format for
multiple pages with maximum file size of 5MB. If numbers of pages exceed, the bidders are advised to
create multiple files and upload the same in the e-procurement portal www.assamtenders.gov.in For
any assistance for Online Bidding, Bidders may write to assamtenders.gov.in
CEB-Arch0MISC/37/2023-ARCT-II-CEB-Chief Engineer, Building

I/401025/2024

10. The Detail Notice Inviting bid will be a part of the bidding Documents.

Chief Engineer, P.W.D. (Building),


Assam, Chandmari, Guwahati-3

Memo No. I/401025/2024 Dated 08-01-2024


Copy to: -

1. The Spl. Commissioner & Spl. Secy. to the Govt. of Assam, PW (Bldg. & NH) Deptt., Assam, Dispur,
Guwahati-6 for favour of kind information.
2. The Principal Chief conservator of forest and Head of forest force of Assam, Aranya Bhawan, Panjabari,
Guwahati-37 for favour of kind information.
3. The Superintending Engineer, P.W.D. Building Circle for Information and wide circulation.
4. Divisional forest officer, Assam State Zoo division, Guwahati-5 for information.
5. The Executive Engineer, P.W.D, Dispur & Guwahati East TBD for information and wide circulation.
6. The Executive Engineer, P.W.D, Technical Branch I of this office for information and wide circulation.
7. Notice board/ IT Cell for uploading to tender portal.
(E-signed)
Chief Engineer, P.W.D. (Building),
Assam, Chandmari, Guwahati-3
DISCLAIMER

The information contained in this Request for Proposal document ("RFP") or subsequently provided
to Applicants, whether verbally or in documentary or any other form by or on behalf of the Authority or any
of its employees or advisers, is provided to Applicants on the terms and conditions set out in this RFP and
such other terms and conditions subject to which such information is provided.
This RFP is not an agreement or an offer by the Authority to the prospective Applicants or any other
person. The purpose of this RFP is to provide interested parties with information that may be useful to them
in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by the Authority in relation to the Consultancy. Such assumptions,
assessments and statements do not purport to contain all the information that each Applicant may require.
This RFP may not be appropriate for all persons, and it is not possible for the Authority, its employees or
advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses
this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own investigations
and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments and information contained in this RFP and obtain independent advice from
appropriate sources.
Information provided in this RFP to the Applicants may be on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement of law. The
Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law
expressed herein.
The Authority, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Applicant under any law, statute, rules or regulations or tort, principles
of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from
or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy,
adequacy, correctness, reliability or completeness of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in any way in this Selection
Process.
The Authority also accepts no liability of any nature whether resulting from negligence or otherwise
however caused arising from reliance of any Applicant upon the statements contained in this RFP.
The Authority may in its absolute discretion, but without being under any obligation to do so, update, amend
or supplement the information, assessment or assumption contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select an Applicant or to appoint the
Selected Applicant, as the case may be, for the Consultancy and the Authority reserves the right to reject all
or any of the Proposals without assigning any reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the preparation and submission of its
Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the Authority or any other costs incurred in
connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and the
Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by an Applicant in preparation or submission of the Proposal, regardless of the conduct or outcome
of the Selection Process.
Page |1
CONTENTS
PROJECT MANAGEMENT CONSULTANCY SERVICES FOR
“Modernization of Assam State Zoo cum Botanical Garden, Guwahati”

SECTION TITLE PAGE NO.

NOTICE INVITING TENDER

DNIT

SECTION 1 LETTER OF INVITATION

SECTION 2 INSTRUCTION TO CONSULTANTS

DATASHEET

ANNEXURE – I

ANNEXURE – II

SECTION 3 TECHNICAL PROPOSAL- STANDARD FORMS


SECTION 4 FINANCIAL PROPOSAL- STANDARD FORMS

SECTION 5 TERMS OF REFERENCE

SECTION 6 DRAFT FORM OF CONTRACT

SECTION 7 GENERAL CONDITIONS OF CONTRACT

SECTION 8 SPECIAL CONDITIONS OF CONTRACT

SECTION 9 APPENDICES
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SECTION 1 - LETTER OF INVITATION (LOI)

1. The Governor of Assam acting through the Public Works (B& NH) Department, Government of
Assam, and represented by the Chief Engineer, PWD (Bldg), Assam (the "Authority") plans to take
up to “Modernization of Assam State Zoo cum Botanical Garden, Guwahati ".The work is to be
constructed through engagement of Civil Works contractor.

2. The Chief Engineer, PWD (Bldg.), Assam intends to engage a Project Management Consultant for
the aforementioned work. The Consultant shall function as - Project Management Consultant as
the ‘Engineer’ which involves Project Management in terms of Detailed Planning, Monitoring,
Coordination with other department/agencies, Supervision of Work, Contract Management,
Quality Assurance, Timely Engineering decision and approval thereof from Employer, Recording
of Measurement/Bills, assisting in arbitration & litigation cases and all other necessary
steps/decision required for timely completion of Project.
More details on the Services are provided in the attached Terms of Reference.

3. CONSULTANTS PROPOSAL SUBMISSION


The Consultants are advised to understand fully the specific requirements of the Project
Management Consultancy Services for the work. The Consultants are also advised to inspect the
concerned project site and acquaint themselves with the ground realities.
The Consultant submission should be focused to the project requirements as per TOR details.
The methodology to be submitted should address to the project site requirements. All specific
issues for which references have been made in the various paras of the TOR should be addressed
effectively. General nature descriptions should be avoided. Details of the Services are provided
in the attached Terms of Reference (TOR).

4. A firm will be selected on least Cost procedure described in the RFP.


5. The RFP includes the following documents:
Section 1 – Letter of Invitation
Section 2- Instruction to Consultant with Data Sheet & Annexure
Section 3 – Technical Proposal -Standard Forms
Section 4- Financial Proposal – Standard Forms
Section 5- Terms of Reference
Section 6- Draft Form of Contract
Section 7- General Conditions of Contract
Section 8- Special Conditions of Contract
Section 9- Appendices
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SECTION 2 - INSTRUCTIONS TO CONSULTANTS
1. INTRODUCTION
Definitions
(a) “Client/Employer” means the person who invited this Request for Proposal and whose
name is mentioned in the Data Sheet.
(b) “Consultant” means any entity or person that may provide or provides the Services to the
Client under this Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents
listed in its Clause 1 that is the General Conditions (GC), the Special Conditions (SC), Terms
of Reference and the Appendices.
(d) “Contractor” means the agency selected by the Client/Employer for executing the civil
works.
(e) “Data Sheet” means such part of the Instructions to Consultants used to reflect specific
assignment conditions.
(f) “Day” means calendar day.
(g) “Government” means the Government of Assam.
(h) “Instructions to Consultants” (Section 2 of the RFP) means the document, which provides
Consultants with all information needed to prepare their Proposals.
(i) “LOI” (Section 1 of the RFP) means the Letter of Invitation.
(j) “Personnel” means professionals and support staff provided by the Consultant and
assigned to perform the Services or any part thereof;
(k) “Proposal” means the Technical Proposal and the Financial Proposal.
(l) “RFP” means the Request for Proposal prepared by the Client for the selection of
Consultants.
(m) “Services” means the work to be performed by the Consultant pursuant to the Contract.
(n) “Terms of Reference” (TOR) means the document included in the RFP as Section 5 which
explains the objectives, scope of work, activities, tasks to be performed, respective
responsibilities of the Client and the Consultant, and expected results and deliverables of
the assignment.
1.1 The Client/Employer named in the “Data Sheet” will select a firm among those invited as
per the Letter of Invitation in accordance with the method of selection indicated in the
Data Sheet.
1.2 The consultants are invited to submit Technical Proposals and Financial Proposals for
consulting services required for the Assignment named in the Data Sheet. The last date
of submission of bid is specified in the DNIT.
1.3 The Consultants should familiarize themselves with Local Conditions & Bylaws and take
them into account in preparing their Proposals. To obtain firsthand information on the
Assignment and on the local conditions, consultants are encouraged to pay a visit to the
Client’s/Employer’s office and project site before submitting a Proposal, and to attend a
pre-proposal conference if one is specified in the Data Sheet. Attending the pre-proposal
conference is optional. The Consultant’s representative should contact the officials
named in the Data Sheet to arrange for their visit or to obtain additional information on
the pre- proposed conference. Consultants should ensure that these officials are advised
of the visit in adequate time to allow them to make appropriate arrangements.
1.4 Deleted
1.5 Consultant shall bear all costs associated with the preparation and submission of their
proposals and contract negotiation. The Client is not bound to accept any proposal, and
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reserves the right to annul the selection process at any time prior to Contract award,
without thereby incurring any liability to the Consultant.
1.6 The client requires that consultants provide professional, objective, and impartial advice
and at all times hold the Client’s interest paramount, without any consideration for future
work, and strictly avoid conflicts with other assignments or their own corporate interests.
1.6.1 A Consultant (including its Personnel) or any of its affiliates shall not be hired for any
assignment that, by its nature, may be in conflict with another assignment of the
Consultant to be executed for the same or for another Client. For example, a Consultant
hired to prepare engineering design for an infrastructure project shall not be engaged to
prepare an independent environmental assessment for the same project.
1.6.2 A Consultant (including its Personnel) that has a business or family relationship with a
member of the Client’s staff who is directly or indirectly involved in any part of (i) the
preparation of the Terms of Reference of the assignment, (ii) the selection process for
such assignment or (iii) supervision of the Contract, may not be awarded a Contract,
unless the conflict stemming from this relationship has been resolved in a manner
acceptable to the client throughout the selection process and the execution of the
Contract.
1.6.3 Consultants have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract.
1.7 It is the Client’s policy that the consultants observe the highest standard of ethics during
the selection and execution of such contracts. In pursuance of this policy, the Client:
(a) defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the action of a public official in
the selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order
to influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more
consultants with or without the knowledge of the Client, designed to establish
prices at artificial, noncompetitive levels;
(iv) “Coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
(b) will reject a proposal for award if it determines that the Consultant recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the contract in question;
(c) 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 has engaged incorrupt or
fraudulent practices in competing for, or in executing, a domestic financed contract; and
(d) will have the right to require that, in contract, a provision be included requiring
consultant to permit the Client to inspect their accounts and records relating to the
performance of the contract and to have them audited by authorized representatives of
Client.
1.8 The Consultant shall be aware of the provisions on fraud and corruption.
1.9 Consultant shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and during execution of the assignment if the
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Consultant is awarded the Contract, as requested in the Financial Proposal submission
form (Section 4).
1.10 The Data Sheet indicates how long Consultant's Proposals must remain valid after the
submission date. The Client will make its best effort to complete negotiations within this
period. Should the need arise; however, the Client may request Consultant to extend the
validity period of their proposals. Consultants who agree to such extension shall confirm
extension of validity of the Proposal. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals.
2.0 CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 Consultants may request a clarification of any of the RFP documents prior to the date of
pre-proposal conference. Any request for clarification must be sent in writing by paper
mail, cable, telex, facsimile, or electronic mail to the Client’s address indicated in the Data
Sheet. The Client will respond by way of clarifications/ modifications uploaded on the
portal.
2.2 At any time before the submission of Proposals, the Client may for any reason, whether at
its own initiative or in response to a clarification requested by an invited firm, modify the
RFP documents by amendment. Any amendment shall be issued in writing through
addenda. Addenda shall be uploaded on procurement portal of Govt. of Assam and will be
binding on all participating consultants. The Client may at its discretion extend the deadline
for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 Consultants are requested to submit a Proposal (para 1.2) written in the language(s)
specified in the Data Sheet.
3.1 A. Earnest Money Deposit:
The applicant shall have to deposit an Earnest Money Deposit of amount specified as
prescribed in DNIT. If EMD is not found proper, then the proposal shall be treated as non-
responsive and shall not be evaluated further and hence shall be rejected. Validity of EMD
should be 225 days from the date of bid submission.
Technical Proposal
3.2 In preparing the Technical Proposal, consultants are expected to examine the documents
comprising this RFP in detail. Material deficiencies in providing the information requested
may result in rejection of a Proposal.
3.3 While preparing the Technical Proposal, consultants must give particular attention to the
following:
(i) If a Consultant considers that it may enhance its expertise for the assignment by
associating with other Consultants, it may associate with other Consultants if so
indicated in the Data Sheet. For the assignments, the estimated number of
professional staff and Minimum required experience of proposed Professional
staff is given in the Data Sheet .N.A.
(ii) Documents to be submitted by the Consultants for this assignment must be in the
language(s) specified in the Reference Paragraph 3.1 of the Data Sheet.
(iii) The consultants shall submit proposals either in sole capacity or in JV. In case of
Joint Venture, the maximum number of Joint Venture partners is limited to three.
Any entity which has been barred by Government department/Public Sector
Undertaking and the bar subsists as on the date of application, would not be
eligible to submit the bid, either individually or as a member of a Joint Venture.
(iv) In case of a Joint Venture, the proposal shall be accompanied by a certified copy
of legally binding Memorandum of Understanding(MOU) on a stamp paper,
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signed by all firms to the joint venture confirming the following therein:
 Date and place of signing
 Purpose of Joint Venture (must include the details of contract works for
which the joint venture has been invited to bid)
 A clear and definite description of the proposed administrative
arrangements for the management and execution of the assignment.
Name of Lead Firm and other partner of JV should be clearly defined in
the MOU
 Delineation of duties/ responsibilities and scope of work to be
undertaken by each firm along with resources committed by each partner
of the JV for the proposed services
 An undertaking that the JV firms are jointly and severally liable to the
Employer for the performance of the services
 The authorized representative of the joint venture shall give a Letter of
Association, MOU as in (i) to (vi) above except (v), letter of Authorization,
copies of GPA/SPA for the person signing the documents and a certificate
of incorporation.
(v) In case of Joint venture the following criteria has to be fulfilled:
 Separate identity/name shall be given to the Joint Venture Firm.
 Number of members in a JV Firm shall not be more than three.
 A member of JV Firm shall not be permitted to participate either in
individual capacity or as a member of another JV Firm in the same tender.
 The tender form shall be purchased and submitted only in the name of
the JV Firm and not in the name of any constituent member.
 Earnest Money Deposit (EMD) shall be submitted only in the name of the
JV Firm and not in the name of constituent member. However, in
exceptional cases, EMD in the name of Lead Member can be accepted
subject to submission of specific request letter from Lead Member stating
the reasons for not submitting EMD in the name of JV Firm and giving
written confirmation from JV members to the effect that EMD submitted
by the Lead Member may be deemed as EMD submitted by JV Firm.
 One of the members of the JV Firm shall be its Lead Member who shall
have a majority (at least 51%) share of interest in the JV Firm. The other
members shall have a share of not less than 20% each in case of JV Firms
with upto three members.
 A copy of Memorandum of Understanding (MoU) executed by the JV
members shall be submitted by the JV Firm along with the tender.
 Once the tender is submitted, the MoU shall not be modified / altered /
terminated during the validity of the tender. In case the tenderer fails to
observe/comply with this stipulation, the full Earnest Money Deposit
(EMD) shall be liable to be forfeited.
 Approval for change of constitution of JV Firm shall be at the sole
discretion of the Employer. The constitution of the JV Firm shall not be
allowed to be modified after submission of the tender bid by the JV Firm,
except when modification becomes inevitable due to succession laws etc.
and in any case the minimum eligibility criteria should not get vitiated.
However, the Lead Member shall continue to be the Lead Member of the
JV Firm. Failure to observe this requirement would render the offer
invalid.
 Similarly, after the contract is awarded, the constitution of JV Firm shall
not be allowed to be altered during the currency of contract except when
modification become inevitable due to succession laws etc. and in any
case the minimum eligibility criteria should not get vitiated. Failure to
observe this stipulation shall be deemed to be breach of contract with all
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consequential penal action as per contract conditions.
 On award of contract to a JV Firm, a single Performance Guarantee shall
be submitted by the JV Firm as per tender conditions. All the Guarantees
like Performance Guarantee, Bank Guarantee for Mobilization Advance,
Machinery Advance etc. shall be accepted only in the name of the JV Firm
and no splitting of guarantees amongst the members of the JV Firm shall
be permitted.
 On issue of LOA (Letter Of Acceptance), an agreement among the
members of the JV Firm (to whom the work has been awarded) shall be
executed and got registered before the Registrar of the Companies under
Companies Act or before the Registrar/Sub-Registrar under the
Registration Act, 1908. This JV Agreement shall be submitted by the JV
Firm to the Employer before signing the contract agreement for the work.
In case the tenderer fails to observe/comply with this stipulation, the full
Earnest Money Deposit (EMD) shall be forfeited and other penal actions
due shall be taken against partners of the JV and the JV. This Joint Venture
Agreement shall have, inter-alia, following Clauses :
 Joint And Several Liability - Members of the JV Firm to which the contract
is awarded, shall be jointly and severally liable to the Employer for
execution of the project in accordance with General and Special
Conditions of Contract. The JV members shall also be liable jointly and
severally for the loss, damages caused to the Railways during the course
of execution of the contract or due to non-execution of the contract or
part thereof.
 Duration of the Joint Venture Agreement - It shall be valid during the
entire currency of the contract including the period of extension, if any
and the maintenance period after the work is completed.
 Governing Laws - The Joint Venture Agreement shall in all respect be
governed by and interpreted in accordance with Indian Laws.
 Authorized Member - Joint Venture members shall authorize one of the
members on behalf of the Joint Venture Firm to deal with the tender, sign
the agreement or enter into contract in respect of the said tender, to
receive payment, to witness joint measurement of work done, to sign
measurement books and similar such action in respect of the said
tender/contract. All notices/correspondences with respect to the
contract would be sent only to this authorized member of the JV Firm.
 No member of the Joint Venture Firm shall have the right to assign or
transfer the interest right or liability in the contract without the written
consent of the other members and that of the employer in respect of the
said tender/contract.
 Documents to be enclosed by the JV Firm alongwith the tender :
In case one or more of the members of the JV Firm is/are partnership
firm(s), following documents shall be submitted:
(a) Notary certified copy of the Partnership Deed,
(b) Consent of all the partners to enter into the Joint Venture Agreement
on a stamp paper of appropriate value (in original).
(c) Power of Attorney (duly registered as per prevailing law) in favour of
one of the partners of the partnership firm to sign the JV Agreement on
behalf of the partnership firm and create liability against the firm.
In case one or more members is/are Proprietary Firm, the following
documents shall be enclosed:
(a) Affidavit on Stamp Paper of appropriate value declaring that his/her
Concern is a Proprietary Concern and he/she is sole proprietor of the
Concern.
Page |8
In case one or more members is/are limited companies, the following
documents shall be submitted:
(a) Notary certified copy of resolutions of the Directors of the Company,
permitting the company to enter into a JV agreement, authorizing MD or
one of the Directors or Managers of the Company to sign JV Agreement,
such other documents required to be signed on behalf of the Company
and enter into liability against the company and/or do any other act on
behalf of the company.
(b) Copy of Memorandum and Articles of Association of the Company.
(c) Power of Attorney (duly registered as per prevailing law) by the
Company authorizing the person to do/act mentioned in the para (a)
above.
• All the Members of JV shall certify that they are not black listed or
debarred by any Ministry / Department / PSU (Public Sector Undertaking)
of the Govt. of India/State Govt. from participation in tenders/contract
on the date of opening of bids either in their individual capacity or as a
member of the JV Firm in which they were/are members.
3.4 The Technical Proposal should provide the following information using the attached
Standard Forms (Section 3).
(i) A brief description of the Consultants’ organization and an outline of experience
in last 5 financial years on assignments of a similar type & nature is required
(Section 3B). For each assignment, the outline should indicate duration of the
assignment, contract amount, and Consultant’s fee, actual completion date etc.
Information should be provided only for those assignments for which the
Consultant was legally contracted by the Client as a company/ firms. Assignments
completed by individual Professional staff working privately or through other
consulting firms cannot be claimed as the experience of the Consultant, or that of
the Consultant’s associates, but can be claimed by the Professional staff
themselves in their CVs. Consultants must substantiate his experience by
submitting the requisite experience certificate from the client. Experience
certificate issued by the Principal Employer shall only be accepted. The Principal
Employer should be a Government Organization/ Government Entity.

(ii) Financial details Turnover through consultancy business, etc., as required through
format annexed in this regard (Section 3C).
(iii) Any comments or suggestions on the Terms of Reference (Section 3D).
(iv) A description of the methodology and work plan for performing the assignment
(Section 3E)
(v) The list of the proposed staff team by specialty, the tasks that would be assigned
to each staff team member, and their timing (Section 3F).
3.5 The Technical Proposal shall not include any financial information. A Technical Proposal
containing financial information may be declared non responsive.

Financial Proposal
3.6 In preparing the Financial Proposal, Consultants are expected to take into account the
requirements and conditions of the RFP documents. The Financial Proposal should follow
Standard Form (Section 4). It shall include all costs associated with the Assignment, including
remuneration for staff and other incidental expenses; the rates to be quoted shall be inclusive
of all taxes, duties, cess, GST etc. The rates are to be filled in both figures and words, in Indian
Rupees, and signed by the Applicant’s Authorized Representative. In the event of any
Page |9
difference between figures and words, the amount indicated in words shall prevail. In the
event of a difference between the arithmetic total and the total shown in the Financial
Proposal, the lower of the two shall prevail.
4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS
4.1 The eligible bidders have to download & upload the Bid Documents (i.e., Technical & Financial
Bid) from e-procurement portal website www.assamtenders.gov.in.
4.2 The Bid document so downloaded has to be duly filled and the authorized representative of
the firm shall initial all pages of the Proposal. The representative’s authorization is confirmed
by a written power of attorney accompanying the Proposal. The Original Power of Attorney
should be submitted by the bidder along with the bid.
4.3 After filling the required details in the Bid documents, the hard copy of Technical Bid has to
be submitted to this office through Courier or in Person and also upload the details
(Technical & Financial) on the website within the stipulated date & time.
4.4 Online mode of submission of technical and financial bid is mandatory. Financial bid shall not
be submitted in hard copy, failing which the bid will be rejected. The date of online financial
bid, opening shall be notified later on. The scanned copies of the Tender Cost and Earnest
Money Deposit shall be uploaded in the Envelope A. The scanned copies of all the TECHNICAL
PROPOSAL shall be uploaded in the Technical Envelope: Envelope B. Similarly, the FINANCIAL
PROPOSAL shall be submitted in Envelope C. The Consultant has to submit the complete
submission on or before the time and date stated in the DNIT.
4.5 At the time of opening of proposals, the Envelope A shall be opened. If the EMD &Tender Cost
found in order, then the Technical Proposal shall be opened. The date and time of opening the
Envelope A and Envelope B is specified in the DNIT. The Financial Proposal shall remain
unopened till the technical proposals are evaluated. Financial offers of the technically qualified
firms shall be publicly opened online.
5. PROPOSAL EVALUATION
General
5.1 To assist in the examination, evaluation, and comparison of the Technical and Financial
Proposals, the Client may, at its discretion, ask any Consultant for a clarification of its Proposal.
Any clarification submitted by a Consultant that is not in response to the request by the Client
shall not be considered. The Client’s request for clarification and the response shall be in
writing. No change in the substance of the Technical Proposal or Financial Proposal shall be
sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered
by the Client in the evaluation. Any effort by the firm to influence the Client in the Client’s
proposal evaluation, proposal comparison or contract award decisions may result in the
rejection of the consultant’s proposal.
5.2 Deleted.

Evaluation of Technical Proposals


5.3 The evaluation committee will evaluate the proposals based on their responsiveness to the
Terms of Reference, applying the evaluation criteria and point system specified in the Data
Sheet. A proposal shall be rejected at this stage if it does not respond to important aspects of
the Terms of Reference or if it fails to achieve the minimum technical score indicated in the
Data Sheet. Each responsive proposal will be given a technical score based on the following
criteria.
 Consultant’s general experience of consultancy in Building works.
 Consultant's relevant experience in Project Management Consultancy for Building
P a g e | 10
Works.
 Consultants Average Annual Turnover from consultancy services of works during the
last three years. In support of Turnover from PMC/ consultancy, the Consultant has
to submit a Turnover certificate of preceding 3 Financial years issued by the
Statutory Auditor.
 The Approach and methodology proposed including Work Plan
 CV's of Key Personnel
5.4 Deleted.
5.4.1 Deleted.
5.5 The date and time of opening of the financial proposal shall be informed online to the
technically qualified firms.
5.6 Deleted.
5.7 The Financial Proposals shall be opened online and the consultants can witness the same.
5.8 DELETED.
5.9 The firm offering lowest Financial Proposal shall be invited for negotiations.

6. NEGOTIATIONS
6.1 Negotiations will be held at the address indicated in the Data Sheet.
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed technical
approach and methodology, work plan, and organization and staffing, and any suggestions
made by the Consultant to improve the Terms of Reference. The Client and the Consultants
will finalize the Terms of Reference, staffing schedule, work schedule, logistics, and reporting.
These documents will then be incorporated in the Contract as “Description of Services”.
Special attention will be paid to clearly defining the inputs and facilities required from the
Client to ensure satisfactory implementation of the assignment. The Client shall prepare
minutes of negotiations, which will be signed by the Client and the Consultant.
6.3 DELETED.
6.4 Having selected the firm on the basis of least cost, the Client expects the submission of original
CVs of the experts designated in the Proposal at the time of contract negotiation. During
contract negotiations, the Client will require assurances that the experts will be actually
available.
6.5 Negotiations will conclude with a review of the draft Contract. To complete negotiations the
Client and the Consultant will initiate the agreed Contract. If negotiations fail, the Client may
invite the Consultant to negotiate a Contract whose Financial Proposal is the second lowest.
7. AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall issue Letter of
Acceptance to the selected Consultant. The Consultant has to sign the agreement with the
client within 21 days of issue of Letter of Acceptance. However, before signing the agreement,
the selected consultant has to submit a Performance Guarantee as mentioned in the General
Conditions of the Contract. In case of JV, the BG shall be furnished on behalf of the JV by the
lead member of the JV towards Performance Security. If the selected Consultant fails to submit
the Performance Guarantee within the time prescribed above, the EMD of the selected
consultant may be forfeited and the proposal of selected consultant will be rejected. Once the
agreement is signed with the successful agency, the EMD of all agencies shall be refunded.
7.2 The firm is expected to commence the Assignment on the date and at the location as
instructed by the client.
8. CONFIDENTIALITY
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8.1 Information relating to evaluation of proposals and recommendations concerning awards shall
not be disclosed to the consultants who submitted the proposals or to other persons not
officially concerned with the process, until the winning firm has been notified that it has been
awarded the contract.
8.2 The architectural consultant of the project or its associates shall not be able to take part in this
bidding process of selection of PMC.
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DATA SHEET
(This Section consists of provisions that are specific to and supplement the information or
requirements included in Section – 2 Instruction to Consultants)

Clause Description
Reference
1.1 The name of the Client/Employer is :Chief Engineer, PWD (Bldg.), Assam

1.1 The method of selection is:


Cost Based Selection

1.2 Name of Assignment :


Stipulated Time
Probable Amount of Cost
Name of Work Period for
of Work
Assignment
Rs. 277.81 Cr
PMC services for “Modernization of (Rs. 137.67 Cr for animal 42 (forty two)
Assam State Zoo cum Botanical shelter & enclosures + Rs. Months
Garden, Guwahati " 140.13 Cr for other (including DL period)
ammemities)
1.3 Date, Time & Venue of pre-proposal conference:
As per DNIT
Venue :Office of the Chief Engineer, PWD (B), Assam

1.3 Contacting Person:


Chief Engineer, PWD (Bldg.), Assam

1.10 The validity of proposal should be:


180 days after the date of submission.

2.1 Address for submission of clarification:


Chief Engineer, PWD (Bldg.), Assam

3.1 The language in which the proposals should be submitted:


English

3.1 A The amount of Earnest Money :


Rs. 11,11,240.00 (Rupees eleven lakh eleven thousand two hundred forty) only

3.1 A Cost of the bid document and Bid security / EMD to be paid online through net banking or
RTGS/NEFT as per office memorandum No. FEB.269/2017/27 Dtd.21st August, 2019.

3.3 (i) Joint Venture is permitted.

3.3 (i) The estimated number and minimum experience of professional staff required for the
work is enclosed at Annexure-II.

3.6 The rates quoted under the financial proposal shall be inclusive of all Goods and Service
Tax, statutory duties, taxes, levies, cess, and all other taxes prevailing in the state.
P a g e | 13
4.4 The technical proposal submission is to be done online as well as offline only.

4.4 Last date and time of online submission of proposal :


Date 29-01-2024 upto 14:00 hrs.

4.5 Date and time of opening of Technical Proposal:


Date: 30-01-2024 at 16:00 hrs.

5.3 Evaluation Criteria is enclosed at Annexure-I

5.3 Minimum Technical Score required for technical qualification :


A firm to be qualified in the technical evaluation shall have to attain a minimum
technical score of 750 marks (75% of 1000).
6.1 The address for negotiation is:
Office of the Chief Engineer, P.W.D. (Building), Assam, Chandmari, Guwahati-03

7.2 The assignment is to commence immediately after the commencement of work at site.

8.2 The architectural consultant of the project or its associates shall not be able to take part in
this bidding process of selection of PMC.
P a g e | 14
ANNEXURE-I
Pre-qualification Criteria
The bidder must have the following pre-qualification to be eligible for technical evaluation:
1. Must have experience in Architectural and Engineering Consultancy/ Project Management
Consultancy/ Supervision Consultancy for similar works such as zoos/ safaris/ zoological &
botanical garden/ veterinary works in the last 10 years for any of the following:
i. 3 projects costing 40% of the probable project cost for animal shelter & enclosures as
indicated in the data sheet.
ii. 2 projects costing 50% of the probable project cost or for animal shelter & enclosures as
indicated in the data sheet.
iii. 1 projects costing 80% of the probable project cost for animal shelter & enclosures as
indicated in the data sheet.
2. Must have experience in Project Management Consultancy/ Supervision Consultancy for
Building works such as offices/ colleges/ hospitals/ institutional buildings, etc in the last 5 years
for any of the following:
i. 3 projects costing 40% of the probable project cost for other amenities as indicated in the
data sheet
ii. 2 projects costing 50% of the probable project cost for other amenities as indicated in the
data sheet
iii. 1 projects costing 80% of the probable project cost for other amenities as indicated in the
data sheet
3. Should have and annual average annual turnover 1% of the Probable Amount of Cost of Work
in as mentioned in the data sheet in the last 3(three) financial years.
*Only those bidders who has the requisite pre-qualification shall be considered eligible for further
technical evaluation.
Evaluation Criteria for Technical Proposal
Sl. Description Max. Marks

I. Consultant's relevant experience in Zoo/ Safari/ Zoological & 120


Botanical Gardens/ Veterinary works. (Consultancy/ PMC/SQC)
II. Consultant's relevant experience in building works. 180
(PMC/SQC).

III. Consultants Average Annual Turnover from consultancy services of 200


works during the last three years.

IV. The Approach and methodology proposed including Work Plan 100

V. CV's of Key Personnel 400

TOTAL 1000

I. Consultant's relevant experience in Zoo/ Safari/ Zoological & Botanical Gardens/ Veterinary
Works. (Consultancy/PMC/SQC)
Firms Experience in Architectural and Engineering Consultancy/ Project Management
Consultancy/ Supervision Consultancy in Zoo/ Safari/ Zoological & Botanical Gardens/
Veterinary Works completed in last 10 years shall only be considered for evaluation. In support,
Experience certificate issued by the Principal Employer shall only be accepted (Work order,
Completion Certificate and documents indicating project cost to be enclosed). The Principal
P a g e | 15
Employer should be a Government Organization/ Government Entity. The marking scheme
shall be as follows:

S. No. Assignment Type Marks


1 PMC/SQC for Zoo/ Safari/ Zoological & Botanical Maximum 120 Marks for
Gardens/ Veterinary Works each project

Note:
1. Zero Marks for project costing less than 40% of Probable Project cost for animal shelter &
enclosures as indicated in the data sheet in a single assignment.
2. 40 Marks for Project Costing 40% or more of Probable Project cost for animal shelter & enclosures
as indicated in the data sheet in a single assignment.
3. 60 Marks for Project Costing 50% or more of Probable Project cost for animal shelter & enclosures
as indicated in the data sheet in a single assignment.
4. 120 Marks for Project Costing 80% or more of Probable Project cost for animal shelter &
enclosures as indicated in the data sheet in a single assignment.
5. In no case irrespective the cost of civil works more than 120 shall be awarded in a single
assignment.
6. The maximum score combining all projects in the category shall not be more than 120 marks.

II. Consultant's relevant experience in Building Works(PMC/SQC)


Firms Experience in the preparation of Project Management Consultancy services or Supervision
Consultancy for Building works such as offices/ colleges/ hospitals/ institutional buildings, etc in
last 5 years shall only be considered for evaluation (Work order, Completion Certificate and
documents indicating project cost to be enclosed). In support, Experience certificate issued by
the Principal Employer shall only be accepted. The Principal Employer should be a Government
Entity/ Government Orgaisation. The marking scheme shall be as follows:

S. No. Assignment Type Marks


01 PMC/SQC for Building works Maximum 90 marks for
each project
Note:
1. Zero Marks for project costing less than 40% of Probable Project cost for other amenities as
indicated in the data sheet in a single assignment.
2. 60 Marks for Project Costing 40% or more of Probable Project cost for other amenities as indicated
in the data sheet in a single assignment.
3. 75 Marks for Project Costing 50% or more of Probable Project cost for other amenities as indicated
in the data sheet in a single assignment.
4. 90 Marks for Project Costing 80% or more of Probable Project cost for other amenities as indicated
in the data sheet in a single assignment.
5. In no case irrespective the cost of civil works more than 90 marks shall be awarded in a single
assignment.
6. The maximum score combining all projects in the category shall not be more than 180 marks.
P a g e | 16

III. Consultants Turnover from consultancy services: (Maximum 200 Marks)

The average of Annual Turnover from consultancy services for the last 3 years of the consultant
should be atleast 1% of the Probable Amount of Cost of Work. In support of Turnover from
consultancy, the Consultant has to submit a Turnover certificate of preceding 3 Financial
years issued by the Statutory Auditor/ Chartered Accountant. The marking scheme shall be
as follows:
1. Turnover less than 1% of the Probable Amount of Cost of Work - 0 Marks.
2. Turnover more than 1% and upto 2% of the Probable Amount of Cost of Work - 150 Marks.
3. Turnover more than 2% and upto 3% of the Probable Amount of Cost of Work - 175 Marks.
4. Turnover more than 3% of the Probable Amount of Cost of Work - 200 Marks.

IV. APPROACH AND METHODOLOGY (100 Marks)


A. Understanding of Objectives (20 Marks)
Criteria: General understanding of the project requirements; coverage of principal
components as requested in TOR; and site visit assessment.
B. Quality of Methodology (30 Marks)
Criteria:The degree to which the consultant presented written
methodology/approach addresses the requirements of the TOR.
C. Innovativeness/Comments on Terms of Reference (10 Marks) Criteria: Suggestions,
which could improve the quality of the project.
Factors to consider: Marks will be given for workable suggestions proposed. No
innovativeness will be given zero Marks.
D. Work Program (20 Marks)
Criteria: A work program showing graphical presentation of activities (bar chart); an
organization chart showing the relationship of the Client, the Consultant and the Civil
Works contractor.
E. Personnel Schedule (20 Marks)
Criteria: Relationship between required person-months and proposed work program.

V. CV's of Key Personnel (400 Marks)


As per Annexure II.
Notes:
(i) In case of sole applicant, the bidder has to fulfill all the criteria as mentioned in
Annexure I.
(ii) In case of JV, the following shall be applicable:
(a) All of the JV Firm, the lead partner must have satisfactorily completed in the last
ten previous financial years and the current financial year upto the date of opening of
the tender, one similar single work related to similar works such as zoos/ safaris/
zoological & botanical garden/ veterinary works as mentioned in the pre-
qualification criteria; the other partners partner must have satisfactorily completed
in the last five previous financial years and the current financial year upto the date of
opening of the tender, one similar single work related to similar works such as zoos/
safaris/ zoological & botanical garden/ veterinary works or Building works such as
offices/ colleges/ hospitals/ institutional buildings as mentioned in the pre-
qualification criteria
(b) The JV should fulfill all the criteria as mentioned in Annexure I.
P a g e | 17
(iii) Financial Eligibility Criteria: The contractual payments received by the JV Firm or the
arithmetic sum of contractual payments received by all the members of JV Firm in the
previous three financial years and the current financial year upto the date of opening
of tender shall be at least 1% of the estimated value of the work as mentioned in the
tender.
(iv) Contractual payment received by a Member in an earlier JV Firm shall be reckoned
only to the extent of the concerned member's share in that JV Firm for the purpose of
satisfying compliance of the above mentioned financial eligibility criteria in tender
under consideration.
P a g e | 18

Annexure-II
REQUIREMENT AND BROAD QUALIFICATION AND EXPERIENCE REQUIREMENTS OF
PROFESSIONAL STAFF
1. Broad qualifications and experience of the professionals given below are clients' perception
in respect of the specific requirement of the project. Consultants are advised to prepare the
CVs of their proposed personnel specifically highlighting the qualification and experience in
the related area of expertise as per requirements. The CVs should also highlight higher
education, training and publication of technical papers etc., by the key personnel in the
related field as well as their experience in providing training in the related fields and also
incorporate relevant degree certificates. The CVs of the proposed personnel should reflect
size of the project handled in terms of costs, duration for which services were provided, type
of contract document used etc. Broadly speaking, qualification and experience higher than
the minimum requirement will be given higher weightage. Maximum age limit for all
professionals and support staff is 65Years.
01. Key Experts:
S Particulars No. of Minimum Minimum Experience Maximum
No. Persons Qualification Marks
1. Team Leader 01 Minimum Master’s At least 10 years of professional 75
degree experience as Team leader/ Project
or equivalent in Manager handling Government
Architecture/ Zoos/ Wildlife Safaris/ Tourism
Forestry/ projects and International
assignments; Should have Good
or related fields.
Understanding of Project Cycle
management ; should have
experience in ensuring that project
activities are implemented in a
timely and professional manner
adhering to industry standards.
2. Zoo / Wildlife 01 Minimum master’s At least 5 years of professional 50
Expert degree or experience in wildlife research/
equivalent in environment/ forestry. Experience
Zoology/ in preparing wildlife reports for Zoo/
wildlife. Wildlife Safari projects would be
preferred.

3. Project 01 Gradute / Post i. Minimum 5 years of 50


Architect graduate degree professional experience in
In related discipline relevant field of Architecture
of
Architecture.
4. Zoo Security 01 Minimum Minimum 5 years of professional 50
expert Bachelor’s experience in occupational safety/
visitor’s security/ zoo surveillance,
degree in related wildlife law.
field.
P a g e | 19
5 Landscape Minimum Master’s Experience of handling minimum 50
Architect degree two similar projects for
development of theme parks/
or equivalent in tourist destinations, safaris/ zoos/
Landscape tourism or similar projects during
Architecture past 5 years
6 Zoo Minimum Minimum 5 years of professional 50
Veterinary experience in working with rescue
Bachelors/Master’s
and rehabilitation centers of
expert in Veterinary animals.
science or
equivalent.
7 Conservation Minimum Minimum 5 years of experience in 25
bachelor’s in developing environment curriculum,
educationist/
dossiers for public relations, media
Environment Environmental outreach and related work.
al Educator science/
Environmental
Management/
Media or
equivalent.
8 Civil Minimum Civil Minimum 5 years of professional 25
Engineer engineering experience in respective discipline of
construction.
Bachelor degree

9 Mechanical, Minimum Minimum 5 years of professional 25


Electrical Mechanical or experience in respective discipline of
construction.
and Electrical
plumbing engineering
(MEP) bachelor
Engineer degree

Note:
Each expert will be evaluated for the tasks completed in accordance with following three main criteria:
(i) General qualification: (20%)
(ii) Total, Relevant Task and Project related experience: (75%)
(iii) Permanent Employment: (5 %) Only if they have worked for the current Employer on a regular/
permanent full-time basis continuously for the last 12 months
P a g e | 20
02. Resident Engineers and Support Staff
The Consultant has to submit the CVs, as per form 3G, of the following resident engineers
and support staff at the time of signing of Contract.

Sl no Designation Quantity Prescribed Qualification Required Experience

Resident Engineer Overall: 10 years


1. 01 Bachelor’s Degree in Civil
(Civil)

Resident Engineer Bachelor’s Degree in Overall: 10 years


2. 01
(Electrical) Electrical

Resident Engineer Bachelor’s Degree in Overall: 10 years


3. 01
(Mechanical) Mechanical
Overall: 7 years
Diploma in Civil
4. Field Engineer (Civil) 03 (5 years in Building
Engineering
Projects)
Overall: 5 years
Field Engineer Diploma in Electrical
5. 02 (3 years in Building
(Electrical) Engineering
Projects)
Overall: 5 years
Field Engineer Diploma in Mechanical
6. 01 (3 years in Building
(Mechanical ) Engineering
Projects)
Overall: 5 years
Diploma in Civil Engineering
(3 years in civil
7. Lab Technician 01 /B.Sc. (with Phys., Chem.
engineering laboratory
&Math)
for material testing)
Junior Administration
8. 06 - -
Staff

Note:
a. Electrical and Mechanical Engineers are to be deployed at site as and when the corresponding
electrical and mechanical work commences at site or as desired by the Engineer in Chief.
b. Resident engineers and support staff should be site specific. However, they may be allowed
to be repeated for projects within the department in adjacent project subject to the approval
of Chief Engineer, PWD(Building) and concerned Executive Engineer.
P a g e | 21

SECTION 3A. TECHNICAL PROPOSAL SUBMISSION FORM (on letter head of the firm)

3C Consultants Turnover from Consultancy Services.


3D Comments and suggestions on the Terms of Reference.
3E Description of the methodology and work plan for performing the
assignment.
3F Team composition and task assignments.
3G Format of Curriculum Vitae of proposed professional staff.
3H Activity (work) schedule.
P a g e | 22
SECTION 3A. TECHNICAL PROPOSAL SUBMISSION FORM (on letter head of the firm)

To,
The Chief Engineer, PWD (Bldg.),
Assam, Chandmari, Guwahati-03

Subject: Technical proposal for Project Management Consultancy Services for “……………………………”

Sir/ Madam,
We, the undersigned, offer to provide the consulting services for Project Management Consultancy
Services for the “……………………………………………………………………………………….” in accordance with your
Request for Proposal dated …................................... (Date).
We are hereby submitting our Proposal, which includes Technical Proposal and a Financial Proposal
both sealed under a separate envelope.
If negotiations are held during the period of validity of the Proposal i.e.
before…....................(Date)…..................., we undertake to negotiate on the basis of the proposed
staff. Our Proposal is binding upon us and subject to the modifications resulting from contract
negotiations.
We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signatory
Name and Title of Signatory:
Name of Firm:
Address:
P a g e | 23
3B- FIRM’S REFERENCES

Relevant Services carried out in the Last Five Years


Which Best Illustrate Qualifications

Using the format below, provide information on each reference assignment for which your firm/entity,
either individually as a corporate entity or as one of the major companies within an association/JV, was
legally contracted.

Assignment Name: Country with location:

Assignment Period : Cost of Project (Construction) in INR:

Name of Principal Employer : Address with Telephone No. & Fax No.:

Actual Start (Date Actual Completion Value of Consultancy Services Received (In INR):
/Month / Year) (Date/Month/ Year)
No. of Staff Provided by the Firm: No. of Staff Months Provided by the Firm:

Name of Association Firm(s) if any : Address with Telephone No. & Fax No of the
Association Firm.:

No. of Professional Staff No. of Staff Months Provided by the Associated


provided by Associated Firm(s) Firm:

Approx. Value of Services given by the Approx. Value of Services given by the Associated
Consultant (In INR) : Firm (In INR) :

Name of Senior Staff (Project Director / Coordinator, Team Leader, etc.) of the consultant involved
and functions performed:
Narrative Description of Project :

Description of Actual Services Provided by the consultant’s Staff :

Signature of Authorized Representative


(Certificate from Principal Employer regarding experience should be furnished)
P a g e | 24
3C. CONSULTANTS ANNUAL TURNOVER

ANNUAL TURNOVER DATA FROM CONSULTANCY WORKS FOR THE PRECEDING 3 FINANCIAL YEARS

Year Amount (in INR)

Average

Note : In support of the Annual Turnover, copy of the Turnover Certificate duly certified
by a Statutory Auditor should be enclosed.

Signature of Authorized Representative


P a g e | 25

3D. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF


REFERENCE

On the Terms of Reference

CONSULTING FIRM’s NAME:

3E. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR


PERFORMING THE ASSIGNMENT

3F. Deleted

3G. FORMAT OF CURRICULUM VITAE


(CV)* FOR PROPOSED PROFESSIONAL
STAFF

Proposed Position:

Name of Firm:

Name of Staff;

Professional Qualification: Date of Birth_

Nationality

Years with Current Firm/Entity _

Membership in ProfessionalSocieties _ _

Detailed Tasks Assigned -


P a g e | 26

Key Qualifications:

(Give an outline of staff member’s experience and training most pertinent to


tasks an assignment. Describe degree of responsibility held by staff member on
relevant previous assignments and give dates and locations. Use about half a
page).

Education

(Summarize college/university and other specialized education of staff member,


giving names of schools, dates attended, proof of degrees obtained and
documentary evidence of age proof)

Employment Record

(Starting with present position, list in reverse order every employment held). List all
positions held by staff member since graduation, giving dates, names of employing
organizations, titles of positions held, source of funding (World Bank, ADB, JBIC, UN
etc.) for the projects handled, types of activities performed and client reference,
where appropriate.)

Languages:

(For each language indicate proficiency – excellent, good fair or poor, in speaking
reading and writing)
P a g e | 27
SUMMARY OF THE CV
(Furnish a summary of the above CV. The information in the summary shall be
precise and accurate. The information in the summary will have bearing on the
evaluation of the CV).

A) Education:
i) Field of Diploma/Graduation and year
ii) Field of Graduation/Post graduation and year
iii) Any other specific qualification

B) Experience
Total experience in Building
Project:
Yrs
Responsibilities held:

S. No. Position Held Period Assignment period


From To

Undertaking:

I, the undersigned certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience. Further, I certify that I am available for
the assignment and shall be willing to work for the client for the entire duration of the
position. I have also not left any ongoing project of the client without its approval and have
not been debarred by the client in past.

Date (Day/Month/Year) :

Signature of staff member Signature of Authorized representative


of the Firm

Full name of staff member Full name of authorized representative

Note:- CVs should be originally signed in blue ink/scanned signature on each page
by both the proposed professional staff and the authorized representative
of the firm along with the proof of age and qualification. Key information
should include number of years working for the firm/entity, and degree of
responsibility held in various assignments. Photocopy or unsigned CV shall
not be considered. Consultant shall submit original signed CVs at the time
of negotiation.
P a g e | 28
3H. ACTIVITY (WORK) SCHEDULE

Reports (for each Work Frequency


contract package)
1. Monthly Progress report Every month
By 10th of following Month (6 copies)
2. Quarterly Progress Report Every Quarter
By 10th day of April, July, October and January (6
copies)
3. Supervision Manual At commencement time (6 copies)
4. Completion report On completion of construction (6 copies)
5. Final Completion Report & CD Once
On completion of Defect Liability Period(6 copies)
P a g e | 29
SECTION 4
FINANCIAL PROPOSAL STANDARD FORM
(On letter head of the firm)
(Location, Date)

To,
The Chief Engineer, PWD (Bldg.),
Assam, Chandmari, Guwahati-03

Subject: Financial Proposal for Project Management Consultancy Services for “…………………………
……………………………………………………………………………………………..”

Sir/Madam,
We, the undersigned offer to provide the services for Project Management Consultancy for”…………………
……………………………………………………………………………….”in accordance with your Request for Proposal
dated ……………………………(Date)….. and our proposal (technical & financial).
Our Total financial quote for this job is as under:
Sl. No. Item Unit Quantity Rate Rate.
(In Figure) ( In words)
1. PMC Services for …………………. Job 1 RS. ( ) only
……………………………………………
……………………………………………
Total RS. ( ) only
Note:
1. No conditions should be attached to the price proposal
2. In case of any discrepancies in the prices mentioned in the figures and words, the prices
mentioned in the words would be considered as final price.
3. The quoted rate should be inclusive of all prevailing taxes including service tax. Our financial
proposal shall be binding upon us subject to the modifications and we undertake that in
competing for (and, if the award is made to us, in executing) the above contract, we will strictly
observe the laws against fraud and corruption in force in India namely “Prevention of Corruption
Act 1988”. No commission or gratuity of any kind is included in the proposal as it is not allowed.
4. We understand that you are not bound to accept any Proposal you receive.

Yours sincerely,

Signature Authorized Person Name


and Title of Signatory: Name &
address of Firm:
P a g e | 30
SECTION 5
TERMS OF REFERENCE (TOR)

BACKGROUND OF THE ASSIGNMENT


The Assam State Zoo cum Botanical Garden was established in the year 1957 at Guwahati and
today boasts as one of the large zoos in the country located is the natural and scenic envisions of the
Hengerabari Reserve Forest. The Assam State Zoo also boasts of one of the best collections of
indigenous and exotic animals, spread across an area of 175 ha.
Now, the Assam State Zoo cum Botanical Gardens, Guwahati is desirous of modernizing the
infrastructure, animal enclosures, disaster management plans, bio-safety protocol implementation,
visitor comforts, etc., and is working already with in-house PWD (Government of Assam) consultants.
In view of the above, the Assam State Zoo is desirous of hiring of services of Project Management
and Monitoring Consultant from India or abroad, who possesses rich experience in designing &
Project Management of some of the best zoos/safaris/ Advancers sports /recreational centre.
Since it’s a Brown Field Project aiming to establish Modernization of Assam State Zoo cum
Botanical garden with world class infrastructure, a Project Management and Monitoring Consultant
shall be taken from India or abroad for supporting the Assam State Zoo Division and PWD (Buildings),
Assam in planning and execution of the project.
The planning phase includes the Assisting & Approval of Comprehensive Plan for improvement
and modernization of existing structures, Master (Layout) Plan, LandScaping Plan, Master Plan,
Detailed Project Report along with detailed engineering drawings of all the elements and the Bill of
Quantities (BoQ) in association with in-house PWD (Govt. of Assam) consultants and obtaining the
approvals of these plan documents from the competent authority of the Assam Forest Department
and the Central Zoo Authority.
The execution phase includes the implementation of the project, measurement of the works
against the detailed Bill of Quantities (estimates) and drawings, and to provide as- built drawings for
Modernization of Assam State Zoo cum Botanical Garden.
1.1.1 Source of Funds
The project will be fully funded by the Govt. of Assam.
1.1.2 Duration of the Project
The duration shall be 30 Months from the date of effectiveness. The duration may be extended by
the Client with mutual agreement of the parties or co-terminus with the project duration.
1.2 Vision, Mission and Objectives of the Project
1.2.1. Vision of the Modernization of Assam State Zoo.
To convert the existing zoo into a world class Zoo by providing a nature immersive enclosures for
excellent upkeep and ex-situ conservation of the rare and endangered fauna and flora the region the
captive animals, A unique experience for the visitors and also to make them sensitive about
biodiversity and environment.

1.2.2. Mission of the Assam State Zoo


To sensitize and encourage people for empathy towards wild animals and their habitats and
inspire conservation initiatives through immersive experiences and in consistence with the finest
upkeep of the species, through adequate visitation, recreation facilities and education in order to
elicit support in conserving wild flora and fauna of the North East Bio-geographic Zone along with
exotic species.
P a g e | 31
The primary Mission of Assam State Zoo are as follows:
a. Conservation:
To be involved in programs which assist the survival of wild populations of animals.
b. Education:
To increase the level of awareness and knowledge of the visitors about animals and their habitats,
and to motivate nature/ environment friendly behavior and encourage empathy towards wildlife.
c. Research:
To conduct and facilitate research on animals both in captivity and in the wild, with particular
emphasis on RET (Rare, Endangered and Threatened) species.
d. Recreation:
To provide enriching immersive experience safaris for the visitors.
1.2.3. Objectives of the Assam State Zoo cum Botanical Garden.
i. To provide world class opportunity for visitors in for wildlife education utilising the
ambience of Zoo in consistence with the adequate safety and upkeep of zoo for eliciting empathy
towards wild fauna.

ii. To provide adequate and near natural housing with an immersive experience in a naturalistic
setting for zoo captives by ensuring the best practices in animal husbandry, healthcare and welfare,
that ensures physical, mental and behavioural wellbeing of the animals in collection.

iii. To provide opportunities for scientific studies that are useful for conservation in general and
creation of database for sharing among the agencies involved in in-situ and ex-situ wildlife
conservation.
iv. To function as a rescue and rehabilitation centre with full-fledged veterinary facilities for
wild animals particularly Great one horned rhinoceros, Tiger, leopards, hoolock gibbons, primates,
deer, reptiles, birds etc. which are in need of rescue in conformity with the Central Zoo Authority
Guidelines. With a priority to release the wild animals back into their wild habitats after rescue, the
centre shall also have appropriate housing and upkeep infrastructure for the captive/ captured/
seized/ abandoned/ orphaned/ old/ diseased wild animals which could not be released back into
their wild habitats.
v. To carry out coordinated breeding of the endangered species of the region in ex-situ
condition for restocking and reintroducing whenever required.

1. Location and Description of the Project.


Location of Project: Guwahati, Assam.

The Assam State Zoo cum Botanical Garden was established in the year 1957 at Guwahati and
today boasts as one of the large zoos in the country located is the natural and scenic envisions of the
Hengerabari Reserve Forest. The Assam State Zoo also boasts of one of the best collections of
indigenous and exotic animals, spread across an area of 175 ha.
Now, the Assam State Zoo cum Botanical Gardens, Guwahati is desirous of modernizing the
infrastructure, animal enclosures, disaster management plans, bio-safety protocol implementation,
visitor comforts, etc., and is working already with in-house PWD (Government of Assam) consultants.
P a g e | 32
In view of the above, the Assam State Zoo is desirous of hiring of services of Project Management
and Monitoring Consultant from India, who possesses rich experience in designing & Project
Management of some of the best zoos/safaris/ Advancers sports /recreational center.
Facilities to be provided are as follows:
1 GIRAFFE ENCLOSURE
2 KANGAROO ENCLOSURE
3 ZEBRA ENCLOSURE
4 HIPPOPOTAMUS ENCLOSURE
5 RAPTORS AVIARY
6 SMALL BIRDS AVIARY
7 WATER BIRDS WALK IN AVIARY
8 RENOVATION OF EXISTING BIRDS AVIARY
9 COMMON LEOPARD ENCLOSURE
10 CLOUDED LEOPARD ENCLOSURE
11 BLACK PANTHER ENCLOSURE
12 JAGUAR ENCLOSURE
13 ASIATIC LION ENCLOSURE
14 TIGER ENCLOSURE
15 WHITE TIGER ENCLOSURE
16 TIGER ENCLOSURE (FOR ADDITIONAL SPECIES)
17 HIMALAYAN BLACK BEAR
18 SLOTH BEAR
19 CHEETAH ENCLOSURE
20 WILD BUFALLO ENCLOSURE
ONE HORNED RHINOCEROUS & CHITAL SPOTTED DEER
21
ENCLOSURE
22 BLACK BUCK & MOUSE DEER ENCLOSURE
23 FOUR HORNED ANTELOPE & SWAMP DEER ENCLOSURE
24 THAMIN ENCLOSURE
25 BARKING DEER ENCLOSURE
26 HOG DEER ENCLOSURE
27 SAMBER DEER ENCLOSURE
28 NILGAI ENCLOSURE
29 MACAQUES ENCLOSURE
30 CHIMPANZEE
31 HOOLOCK GIBBON
32 ORANGUTAN
33 PIGMYHOG & PORCUPINE ENCLOSURE
34 HIMALAYAN SEROW
35 NOCTURNAL HOUSE
36 REPTILE HOUSE
37 WILD PIG ENCLOSURE
38 STRIPED HYENA ENCLOSURE
39 JACKAL ENCLOSURE
40 BENGAL FOX ENCLOSURE
41 INDIAN WOLF ENCLOSURE
42 WILD DOG/DHOLE ENCLOSURE
43 FISHING CAT ENCLOSURE
44 GOLDEN CAT ENCLOSURE
P a g e | 33
45 JUNGLE CAT ENCLOSURE
46 LEOPARD CAT ENCLOSURE
47 PARKING CUM FOOD COURT CUM TICKET COUNTER
48 ADMIN BLOCK
49 MUSEUM BLOCK.
50 DEVELOPMENT OF THEME PARK & CHILDRENS PARK
51 DEVELOPMENT OF BOTANICAL GARDEN.
52 DEVELOPMENT OF JOGGING PARK
53 FOOD STALL CUM TOILET BLOCK
SITE DEVELOPMENT,INTERNAL ROAD, DRAIN WITH SILT
54
TRAP & CAR PARKING
HOSPITAL,QUARAINTAIN,POSTMORTEM & KITCHEN
55
BLOCK
56 DEVELOPMENT OF RESCUE CENTER
BOULDER RETAINIG WALL WITH BOULDER PITCHING FOR
57
DEVELOPMENT OF WATER BODIES.
58 DFO BUNGALOW
59 OFFICERS/DOCTORS QUARTER
60 GRADE III (2 BLOCKS) G+4
61 GRADE IV (5 BLOCKS) G+5
62 ZIP LINING 200 M LENGTH
63 SUSPENSION FOOT BRIDGE.
64 100 KLD STP -1NOS
65 INCINERATOR 200 KG CAPACITY
ANY OTHER WORK AS DIRECTED AND SPECIFIED BY THE DEPTT.

1. SCOPE OF WORK
1.1 Role of the consultant
The role of the consultant will be to provide Architectural and Project Management Consultancy
services covering assisting & approval of detailed Designs, specifications, approving the GFC
drawings, construction monitoring, inspection, and determining and ensuring compliance with the
Technical Requirements, the Performance Standards, management of the progress and certification
of measurements and payments during the contract period.
The objective of the assignment is to provide assistance to ensure effective coordination and
implementation. The Consultant shall be responsible for effectively leading and taking initiative to
review, manage, execute and implement the Project including proper construction supervision. The
Consultant will work closely with the Assam State Zoo and PWD, Assam officials.
1.2 MAIN TASKS TO BE PERFORMED BY THE CONSULTANT ARE AS FOLLOWS: -
PROJECT MANAGEMENT CONSULTANCY.
1. Zoo Designer and his team will have to visit project site as per the requirement, suggested steps
as follows :-
i) For conducting workshop for Approval with necessary modifications as required in the
master layout plan and gather other information/data for developing master plan within 15 days
from date of work order.
ii) After approval of the above two documents, namely Master Layout Plan and Master Plan
Report, by Central Zoo Authority of India, the prototypes of schematics designs of enclosures shall
P a g e | 34
be assist & approved , keeping in view the intimate knowledge of local conditions.
iii) Zoo Designer and his team shall be available during commencement of physical work at
site.
iv) Zoo Designer and his team shall present and certify the entire project before handover of
the project.

2. Assist & approve the master plan and Master Layout plan based on initial project report and CZA
guidelines.
3. Assist & Approved Detailed Project Report (DPR) based on the approved drawings.
4. Assist & Approve schematics of enclosure designs as per CZA guidelines and assist Assam State
zoo to get it sanctioned by CZA.
5. Assist & Approve detailed architectural drawings, Landscaping plans, Design Themes for display
of animals and Enrichment plans.
6. Assist & Approved all kinds’ construction drawings (Structural, MEP, Water supply, Electricity
supply, Air conditioning) or any other drawing required for execution of project.
7. Assist & Approve detailed estimates using schedule of rates of Public Works Department,
Government of Assam, based on detailed architectural drawings and assist in sanctioning from
appropriate authority.
8. Project supervision, cost control, scheduling, risk management, monitoring, auditing, reporting,
and ensuring compliances and due diligences required for the project;
9.Assist implementing authority in conducting regular meetings with contractors, sanctioning
authorities and other government entities, etc., as and when required, to discuss progress and
issues related to implementation, and prepare minutes for recording and circulation;
10. Establish all necessary records and the procedures of maintaining/updating such records for the
entire project.
11. Develop and implement procedure for timely payments to the contractors and monitor for
compliance;
12. Monitor implementation of mitigation measures for the project, and update the Plan as per
requirement.
1.3 CONSULTANT’S GENERAL DUTIES:
i) Consultant or his representative shall, during the pre-construction period, inspect the project site
on regular basis in order to determine the progress and suggest mobilization of appropriate
resources, if the progress is not commensurate with schedule. The Consultant shall monitor the
progress of demarcation and setting out, prepare and make available the Good for Construction
Drawing (GCD).
ii) The Consultant or his representative shall, during the construction period, be available on a
continuous basis at the project site in order to supervise, inspect, monitor and certify the works,
and ensure conformity with technical requirements and the performance standards stipulated for
the facility. The Consultant shall also perform functions of checking the measurements, certification
of payments, adherence to project program, and reporting. The Consultant shall be responsible to
generate the data/reports required to be submitted to Client on a periodic basis.
iii) The Consultant shall, during the defects liability period, inspect the Project Site at intervals
as and when required to monitor technical performance of the Project.
P a g e | 35
iv) The Consultant shall report to the Client at frequent intervals, on fortnightly and monthly
basis, such details as are mutually agreed between the Client and Consultant. Apart from periodic
reports, the Consultant shall intimate the Client in writing of any deviations.
v) The Consultant shall ensure that his inspections do not impede the design, construction and
operation and maintenance of the Facility.
vi) Review and approve the Quality Assurance and Quality control plan.
vii) Review and approve the Program Schedule.
viii) Carry out day-to-day site supervision for quality control.
ix) Certifying the measurements & bills.
x) All the measurements are to be checked by an authorized Engineer of PMC consultant. The
measurements shall be recorded in either the Measurement Book or the computerized Sheets, but
shall be duly signed by the authorized Engineer. The sheet will be then treated as MB and shall be
considered as an authentic document. The measurements checked by the PMC consultant can also
be verified by Project Manager, PWD and ASZ as and when necessary.
xi) Monitor Work program, identify slacks and slippage, and suggest remedial measures.
Monitor adequacy of manpower, machinery and other resources to meet the target.
xii) Co-ordinate the review meetings.
Review and certify milestone payments. Review and verify variations due to excess extra item and
advice in value engineering.
xiii) Review and advice on time extensions. Monitor progress of construction work and if time
extensions are inevitable, then suggest the client the reasonable time extensions to be given to
contractors engaged in constructions. They also need to implement quality assurance procedures.
xiv) Generate and compile reports as required under the contract agreement.
xv) Review and certify stages of work.
xvi) Completion certificate. Get the defects, if any, corrected during the defect liability period,
Issue defects correction certificate in accordance with the provisions of construction contract at the
end of the defect correction period when all outstanding work is completed. Any other work which
may deem fit and decided by the client in consultation with the consultant.
xvii) Reporting and co-ordination
The Consultant (and his staff) shall report only to the Client's authorized representative. The
Consultant shall not exercise any direct control over the contractor, but shall report to the Client's
authorized representative who shall be the sole point of contact with the Contractor. The Client
(FGZ) will have Project Manager, FGZ for Monitoring and supervisory staff as required at site.

2. BROAD SCOPE OF SERVICES


i. The selected firm shall be responsible for entire project including check of correctness
of levels scrutiny and technical audit of design, overall supervision, coordination and
management of all the projects assignment.
ii. The selected firm shall also carry out a scrutiny/ technical audit of the reports,
drawing, designs, estimates, BOQ etc. prepared by the Consultant/ Contractor such as
Site survey, evaluation and analysis including soil investigation, Structural design.
iii. Site Management and supervision of work at site and quality control by engaging
qualified and experienced site personnel.
P a g e | 36
iv. Taking joint measurement of works completed and certification of Bills for payment
by Employer.
v. Progress monitoring, reporting and preparing / advising action plan for expediting the
work.
vi. Advising on safety measures.
vii. Preparation of time lines and programmer for project implementation.
viii. Liaising with Government and local bodies.
ix. Providing all assistance for statutory approvals.

3. SCOPE OF SERVICES:
The scope of consultancy services for each includes, but shall not be limited to following
activities.

1. The Consultant shall function as Project Management Consultant as the ‘Engineer’


which involves Project Management in terms of Detailed Planning, Monitoring,
Coordination with other department/agencies, Supervision of Work, Contract
Management, Quality Assurance, Timely Engineering decision and approval thereof
from Employer, Recording of Measurement/Bills, assisting in arbitration & litigation
cases and all other necessary steps/decision required for timely completion of Project.

4. QUALITY CONTROL
1. To finalize construction related procedures such as Technical Specifications,
Construction Practices and Quality Assurance.
2. To prepare, submit and implement a system of Quality Assurance of works; ensure
quality of materials and sources of materials; formulate and implement sampling and
testing procedure and Quality Control measures to ensure required standards and
consistency in quality.
3. Supervise & approve the setting up of laboratory (including calibration of equipment’s)
and field tests carried out by the Contractor. Consultant should also undertake at least
10% of the total test by himself at the field laboratory set up by the contractor.
4. Undertake special tests of materials and/or completed works, undertake removal and
substitution of improper materials and /or works as required.
5. To issue orders for Stoppages of part of work or removal of any unapproved / rejected
work or materials and also covering work which has not been inspected for acceptance
or rejected as unacceptable from site forthwith, recording reasons for rejection etc.
6. To advise Employer on progress and quality of the works being executed by the
contractor on Monthly basis in the form of Monthly Progress Report, to the satisfaction
of Employer.
7. Inspect and approve the materials at site as per specifications before they are used in
work.
8. Inspect the execution and performance of the work with regards to workmanship
compliance with specifications and all other testing required for acceptance any item
of Work.

5. CONSTRUCTION SUPERVISION
P a g e | 37
1. To supervise and monitor that the construction works are in accordance with the
approved technical specifications, Environmental provisions and other stipulation of
contract documents. The construction methods proposed are in compliance with the
stipulations particularly, in relation to construction equipment and other resource
deployment.
2. To scrutinize and certify whenever required, contractor’s materials reconciliation
statements prepared by contractor.
3. To supervise all site work, to approve the actions taken by the contractor and works
executed by the contractor. Employer shall take suitable action on the suggestions
deemed fit/all deviations, in terms of, as pointed out by the Consultant.
4. A detailed list of pending defects to be carried out by the Contractor will be handed
over to Employer before withdrawal of manpower by the Consultant, in case of fore
closure of the Consultant/contract agreement.
5. Whenever final measurements are to be made, the Consultants Team Leader will
inform the contractor and Employer 7 days in advance, the Employer may authorize his
representative who will be empowered to participate and check, if so wishes, in any
measurements.
6. Getting the rectification of defects (if any) in the works carried out through the
respective contractor till payment of Final Bill.
7. Defect Liability Period is 1 year after the completion.
8. During the Defect Liability Period, concerned key personnel of Consultant has to inspect
the Building quarterly and submit the report along with the remedial measures.
Consultant will ensure for rectification of the defects by the Contractor during the
defect liability period and issue No Defect Liability Certificate.
9. Shall be responsible for obtaining good workmanship with respect to lines, levels,
plumb, finish, etc. Shall check all centerlines, dimensions, levels and plumb at all stages
of work with reference to working drawings and shall ensure correct dimensions of all
elements.
10. Inspection and certification of equipment at manufacturer’s works for HVAC, Electrical,
Communication, Firefighting systems or any other equipment will be planned in
coordination with the officer designated by the Employer who may depute his
representative for the inspection.

6. PROJECT MANAGEMENT
1. To approve construction schedule, method statements material sources,
manpower/machinery deployment plans submitted contractor and review the same
periodically as per PERT.
2. CONSULTANT shall provide manpower at site and only experienced persons will be
provided at site.
3. Review and approve contractors proposed personal for positions nominated in
contract.
4. Approve/suggest modification in contractor’s work programme, method statement
and material sources etc.
5. To prepare manual for maintenance and operation of the facilities during and after
execution of the project submitted by the contractor.
P a g e | 38
6. To issue working drawings prepared by the design consultant timely at site and make
requisition for new/supplementary drawings, which are not provided.
7. Check contractor setting out for conformance with the good for construction/working
drawing.
8.1 To work out the savings on material and ensure that this benefit/tax concession passes
on to the Employer.
8.2 To maintain necessary record like measurement book including taking all measurement
as per PWD system.
9. Prepare variations calculated by appropriate rate analysis for non-priced works, using
prevailing schedule of Rates as far as possible. The variations proposed to Employer for
approval shall have proper reasoning justifying its necessity along with expected
financial implication on the project.
10. Identify Construction delays and recommend to the contractor the remedial measure
to expedite the progress under intimation to EMPLOYER.
11. To monitor project for compliance to the plans and designs as detailed in the estimates,
for timely completion and within the Cost Estimates.
12. To monitor and check the day-to-day work/activities and certify for payment when the
quality of the works is satisfactory and the quantities are correct
13. To take measurements required for the purpose of Bill Payments and carry out all
calculation in a manner that Interim Payment Certificate is submitted to the Employer
on monthly basis. Submission of an IPC will not make the consultant eligible to claim
interim payment. All payments to the consultants will be as per available budget for the
project.
14. Consultant has to take prior approval of Employer in issuing / approving variation in
quantity upto 10% variation of individual items but the cost for such variation is subject
to be met up from within the sanctioned cost of the project. Employer’s approval
should also be obtained for issuing / approving /sanction of additional cost, sums or
cost and variation of rate and prices.
15. To maintain a site order book issued by Employer in duplicate at site for the issuance
of time-to-time instructions and compliance reports which shall be the property of
Employer and shall be duly certified by the Consultant. A copy of site order book should
accompany the IPC along with the copy of the test reports relevant to IPC.
16. Maintain record such as good for construction /working /as built drawing, test data,
details of variation, correspondence and diaries in format approved / specified by
Employer. They should also keep measurement record including measurement books
issued by the Employer.
17. Update cost estimates till completion (25%, 50%, 75% and 100%) of the project period
and submit variation statements as and when required but in no case project
(sanctioned) cost in conjunction with all other contracts will be exceeded.
18. To certify and re commend extension to be given to the contractor for delay in contract
for reasons not attributable to the contractor, or else. After approval from the
Employer, the Consultant shall issue necessary orders for time extension.
19. To issue on behalf of Employer, notes, damages, claims, claims of interest, penalty etc.
wherever applicable to the contractor for Contract Administration.
20. Any other activity as per provision of the Agreement.
P a g e | 39
21. Analyze, any claims submitted by contractor, and prepare report based on contractual
documents addressing technical & financial issues, and propose recommendations.
Also prepare reply on behalf of Employer.
22. To mediate and assist in resolving disputes between EMPLOYER and contractor during
constructions and also after completion.
23. Assisting in Arbitration and Litigation cases with contractors/suppliers including
preparation of replies etc.
24. Submit all relevant details including replies and assist the Employer with respect to
arbitration, litigation etc., and to mediate in resolving disputes between Employer,
Consultant & Contractor.
25. Assist in replying audit queries and also suggest interpretations of technical
specifications and other contract documents.
26. Shall preserve field books and measurement books supplied by Employer in safe
custody and shall return the same to Employer after completion of project or as advised
by Employer.
27. Shall ensure safety of structure by taking all necessary precautions and by not allowing
excessive construction loads such as dumping of excessive materials, overcrowding on
floors and shall avoid such other factors which will endanger the safety of structure
during construction.
28. Shall ensure that safety of personnel working at site/ inspecting the site by taking
precautions by putting barricades, night lamps, near trenches, pits, open shafts, lift
shafts, edge of floors, terraces and such other places and to insist on compliance of
safety code such as use of helmets, etc. on work site.
29. The CONSULTANT shall see that advance action is taken by the builder to make suitable
provisions for inserts during construction of Project for various services like electricity,
air conditioning, water supply, sewage system ventilation etc.
30. Shall ensure that work proceeds smoothly and not hampered for want of decisions/
drawings/ clarifications.
31. A detailed Contract Completion/ Final Report in 6 copies are to be submitted to the
Employer. The Consultant will prepare a comprehensive final completion report of the
construction contract package after completion of the work. The report shall
incorporate summary of the method of construction, the construction supervision
performed, as built construction drawings, problems encountered and solutions
undertaken thereon and recommendations for future projects of similar nature to be
undertaken by the Employer. The Consultant shall submit the self-appraisal report
within the prescribed time summarizing the following details:
a. Details of Personnel including substitution made during the assignment.
b. Details of variation orders issued.
c. Details of extension of time granted to the Contractor.
d. Details of Quality Assurance System.
e. Quality observed at site by the Consultant.
f. Details of claims.
g. Special preventive measures for maintenance suggested by the Consultant.

31.1 A Quality Assurance Manual in 7 copies, detailing all QA/QC procedures, to be


P a g e | 40
submitted within 30 days of commencement of services.
31.2 A Maintenance Manual, detailing routine and periodic maintenance tasks that will be
required to maintain the completed Project.
32. Certify completion of part or all of the work and submit it to Employer.
33. Obtain completion plans and “As Built” Drawings with all certificates of the Completion
from Contractor and approve them.
34. If the Consultant desires an extension of time for the completion of the work on the
grounds of CONSULTANT having been unavoidably hindered in its execution or any
other ground, CONSULTANT shall apply in writing to the officer designated by the
Employer within 7 days of the date of the hindrance on account of which CONSULTANT
desires such extensions as aforesaid and the officer designated by the Employer shall,
if in his opinion reasonable (Which shall be final) there after authorize such extension
of time, if any, as may in his opinion be necessary or proper.

7. GENERAL
1. To approve specifications of Materials required for the Project and to conduct Market
Survey and carry out Rate Analysis to arrive at Fixed Rates (Floor Price) of any specific
Materials required for the Project not covered in BOQ.
2. Shall attend periodic site meetings/ meetings in Employer office and discuss site
conditions bottlenecks faced likely hindrances, time overruns, cost overruns and any
other important matter along with solutions proposed. CONSULTANT will be required
to submit periodic reports concerning quality standard and progress of the project and
also prepare Minutes of Meeting and submit immediately.
3. Shall ensure that contractors have complied with registration under Contract Labour
(Regulation and Abolition) Act and abide by laws pertaining to labour including
payment as per Minimum Wages Act (Consultant should ensure a submit a certificate
to EMPLOYER with each IPC that payment to laborers has been done in compliance with
Minimum Wages Act) and any other Act or enactment relating thereto and rules framed
there under from time to time. The CONSULTANT shall ensure compliance by the
contractors of all labour laws and relevant Statutory Acts including Labour License,
Minimum Wages Act, etc. and also monitor the status of contractor compliance with
HIV, AIDS/Child Labour, Labour Laws and equal payment to equal work provision in Civil
Contract.
4. Shall ensure that contractors have taken requisite “All Risk Insurance Policies” to cover
Workman under Workman Compensation Act, loss/ damage caused by natural
calamities/ accident/ accidental collapse of partially completed work, materials and
plant at site and for third party claims for injury/ damages. CONSULTANT shall ensure
that all such policies remain in force throughout the execution of project.
5. Shall take custody of objects of value and antiquity found on site during excavation or
otherwise and hand over to Employer official.
6. The Employer undertakes no responsibility in respect of any life, health, accident, travel
and any other insurance for the personnel deployed by Consultant.
7. The CONSULTANT shall be responsible for any damage or loss on account of neglect of
professional duty or conduct on the part of such staff or Engineers or others. To this
effect, the CONSULTANT shall indemnify Employer.
8. The Employer shall not be liable for any injury/ death, caused to any official, employee,
P a g e | 41
representative or agent of the CONSULTANT or their Consultants working at the site or
damage to their properties for any reason whatsoever and Employer shall not entertain
any claim from any person on that behalf. It would be the responsibility of the
CONSULTANT to get their officials, employees, representatives, agents or their
consultants insured against the possible risks involved in the discharge of their duties
at the work site.
9. CONSULTANT shall make their own arrangements facilities in the site office for their
staff like furniture, telephone/ fan, Computer, e- mail facility, Fax etc. The
CONSULTANT at their cost will install PCs with requisite software's for Project
Management on site. Electricity for lights, Fan, PC etc. for the site office will have to
be arranged by CONSULTANT.
10. The CONSULTANT shall not have any objection to Employer maintaining any
Engineering staff at its own cost at the site of work to carry out work and duties allotted
to them by Employer, in respect of all the work at site or other areas outside the scope
of CONSULTANT works for overall surveillance, security and verifications.
11. Except with the prior written consent by the Employer, the CONSULTANT and their
representatives shall not any time communicate to any person or entity any
confidential information disclosed to them for the purpose of the services. The
CONSULTANT shall not publicize any information pertaining to Employer, which is
discussed with them during course of execution of work in the interest of project
completion.
12. TIMING OF SERVICES
It is anticipated that the consulting services defined under this TOR will commence from
the start of the Project by the Project contractor including the defect liability period (12
months). The actual commencement date will be confirmed during negotiations and
will be dependent upon progress towards award of contract with the Contractor(s) for
construction of the Project.

8. Organizational Setup &Staffing

13. The Team Leader shall be responsible for entire project including check of correctness
of levels scrutiny and technical audit of design, overall supervision, coordination and
management of all the projects assignment.
14. The Team Leader shall also carry out a scrutiny/ technical audit of the reports, drawing,
designs, estimates, BOQ etc. prepared by the Consultant/ Contractor such as Site
survey, evaluation and analysis including soil investigation, Structural design.
15. Architect planner will assist the team leader and the employer’s representative in
finalization of master plan and all architectural drawings for all components of the
project including water supply and plumbing details prepared by the Consultant.

Consultants are required to deploy at least following personnel at site:

S. No. Particulars
5 Resident Engineer (Civil) - (1 No.)
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6 Resident Engineer (Electrical) - (1 No.)
7 Resident Engineer (Mechanical) - (1 No.)
8 Field Engineer (Civil) - (3 Nos.)
9 Field Engineer (Electrical) - (2 No.)
10 Field Engineer (Mechanical) - (1 No.)
11 Lab Technician - (1 No.)
12 Any other support staff required for timely and successful completion of the
project.

Note: If personnel at additional positions like Material Engineer, Quantity Surveyor, etc.
are required, the same may be asked by the Chief Engineer, PWD (Bldg.), Assam,
based on the size and nature of the assignment.

8. OFFICE SETUP :
i. Engineer in charge shall provide space for office construction within the project sites.
The cost of construction of office space to be borne by the PMC consultant.
ii. The Consultant, at its own cost procure install, operate, maintain office equipment such
as computers (Desktops and Laptops), Printers (A-3 and A-4 size), Fax machine, UPS and
other peripherals and all consumables as required for efficient discharge of duties.
iii. The Consultant shall procure latest versions of licensed Software including Windows,
Microsoft Office, AutoCAD, Microsoft Projector Primavera etc. and antivirus software
for the project period.
iv. The Consultant shall procure and keep it activated, internet connection, telephone
connections and mobile cell phones for the team members during the project period.
v. The consultant shall procure, operate and maintain at its own cost necessary vehicles
for the use of its members during the project period.
vi. In the event, consultant fails to procure the above-mentioned office equipment,
software etc. in such condition the Chief Engineer may procure the same and
expenditure towards the same shall be deducted from their RA bills.
9. After award of the contract the Employer expects all the proposed key personnel to be
available during implementation of the contract as per the agreed staffing schedule. The
Employer will not consider substitutions during contract implementation except under
compelling circumstances (such as death and/or extreme nature of ailment for which Medical
Certificate shall be produced from Hospital/Nursing Home). In case of such replacements, the
Consultant will ensure that there is a reasonable overlap between the staff to be replaced
and replacement wherever feasible/possible.

10. DEFICIENCY OF SERVICES:


Deficiencies in the services on part of supervision Consultants may attract penal provisions in
the form of fines, up to a maximum amount of 10% of contract price and/or debarment
etc. by the client. Sample deficiencies include but are not limited to the following:
 Not acting impartially or acting in collusion with contractor in award of variation,
P a g e | 43
fixation of new rates, etc.
 Not keeping proper records regarding quality control, inspection, rejection/
rectification of work, etc.
 Failure to give proper and timely advice to client/contractor to enable correction during
execution.
 Delay in / withholding approvals, etc.
 Refusing to give reasons for decisions when called for by the client.
 Not being fully conversant with manuals, specifications, standards, client’s/ Ministry's
guidelines and requirement of the project to be followed during construction.
 Certifying substandard work for payment.
 Notexercisingrequiredscrutiny/nonapprovaloftemporarystretch/works.
 Lack of proper coordination with contractors and Project Manager/ client's
representative to ensure smooth implementation of projects.
 Permitting subletting of any part/ major works without authorization.
 Delay in mobilization of required staff at any stage of the contract.
 Indulging in corrupt, fraudulent, coercive or collusive practices.
11. SUPPORT FROM EMPLOYER
1. The Employer shall provide assistance to the Consultant wherever deemed necessary,
in the form of issuing letters to the concerned.
12. CONSULTANTS PROPOSAL SUBMISSION
13.1 The Consultants are advised to understand fully the specific requirements of the
Construction Management Services for the work. The Consultants are also advised to
inspect the concerned project site and acquaint themselves with the ground realities
also verify the drawing and design available.
13.2 The Consultant submission should be focused to the project requirements as per the
TOR details. The methodology to be submitted should address to the project site
requirements. All specific issues for which references have been made in the various
paras of this TOR should be addressed effectively. General nature descriptions should
be avoided.
P a g e | 44
Section: 6 DRAFT FORM OF CONTRACT

CONTRACT FOR CONSULTANT’S SERVICES

Between

(Name of Client)

And

(Name of Consultant)

Dated:...................................

# This is a draft Contract for PMC Services. In case of any ambiguity,


the provisions of TOR / RFP will prevail while framing the Contract
Agreement.
P a g e | 45
FORM OF CONTRACT

This CONTRACT (hereinafter called the “Contract”) is made the ____________________day of the
_______________________Month of2022, between, on the one hand(hereinafter Called the
“Client) and, on the other hand,____________________ (hereinafter called the “Consultants”).

WHEREAS

(a) the Client has requested the Consultants to provide Project Management Consultancy
Services as defined in the General Conditions of Contract attached to this Contract
(hereinafter called the “Services”);

(b) the Consultants, having represented to the Client that they have the required professional
skills, personnel and technical resources, have agreed to provide the Services on the terms
and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) Letter of acceptance (LoA);
(b) Addendum/Corrigendum;

(c) RFP Document;

(d) Technical Submissions.


(e) Financial Submissions.
(f) Copy of Performance Bank Guarantee.
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract; in particular

(a) The Consultants shall carry out the Services in accordance with the provisions of the Contract;
and
(b) The Client shall make payments to the Consultants in accordance with the Provisions of the
Contract.
P a g e | 46
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.

Authorized Signatory For and on behalf of Authorized Signatory For and on behalf
the of
(the Governor of Assam) M/s ……………………………….

(……………………) Authorized Signatory


(Chief Engineer, PWD (BLDG), Assam)
Authorized Signatory
Witness

1. Signature Name 2. Signature Name


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SECTION 7: GENERAL CONDITIONS OF CONTRACT

ARTICLE - 1: DEFINITIONS & INTERPRETATIONS

In this Document, as hereunder defined, the following terms and expressions shall have
the meaning hereby assigned to them except where the context otherwise requires:

1.1. "AGREEMENT" means the 'Agreement' concluded on 'non-judicial stamp paper' of


'Assam State', between 'EMPLOYER' and the 'Consultant' for services as per this RFP
Document.
1.2. Employer means the Chief Engineer, PWD (B), Assam.
1.3. "EMPLOYER’S REPRESENTATIVE" means the person appointed or authorized from time
to time by the Chief Engineer, PWD (B), Assam for execution of the Contract.
1.4. "CONSULTANT'S REPRESENTATIVE" means the person appointed from time to time by
CONSULTANT for execution of the Contract.
1.5. "ENGINEER-IN-CHARGE"/"EXECUTIVE-IN-CHARGE" shall mean the person designated
from time to time by EMPLOYER and shall include those who are expressly authorized
by him to act for and on his behalf for operation of the Contract.
1.6. "SIGN-OFF" means a recorded statement for completion of a milestone / major activity
by Consultant as envisaged in this document and accepted by EMPLOYER.
1.7. "CONTRACT" shall mean the "Agreement" and all attached exhibits and documents
referred to therein and all terms and conditions thereof, together with any subsequent
modifications thereto.
1.8. "SERVICES" mean the duties to be performed and the services to be rendered by the
Consultant according to the terms and conditions of the Contract.
1.9. "HEADINGS" the headings appearing herein are for convenience only and shall not be
taken in consideration in the interpretation or construction of the Contract.
1.10. "SINGULAR & PLURAL WORDS" importing the 'singular' only also include the 'plural'
and vice-versa, wherever the context so requires.
2. ARTICLE - 2: PERFORMANCE OF DUTIES & SERVICES BY CONSULTANT
2.1. Consultant shall perform its services in full accordance with the terms and conditions
of the Contract and any applicable local laws and regulations, and shall exercise all
reasonable professional skills, care and diligence in discharge of said work. Consultant
shall in all professional matters act as a faithful advisor to EMPLOYER, and will provide
all the expert commercial/ technical advice and skills which are normally required for
the class of services for which it is engaged. Consultant, its staffs, employees shall carry
out all its responsibilities in accordance with the best professional standards.
Consultant shall prepare and submit the documents / reports, etc. in due time and in
accordance with the Tender conditions.
2.2. Consultant will maintain for the performance of the Contract, personnel as determined
to be responsible for carrying out this job and such persons shall not be replaced or
substituted without written approval of EMPLOYER.

3. ARTICLE - 3: EMPLOYER 'S REPRESENTATIVE


3.1 EMPLOYER shall nominate its representative(s) who shall be entitled to act on behalf
P a g e | 48
of EMPLOYER with respect to any decision it is empowered to make. The bill / invoice
of Consultant will be certified for payment by such representatives.

4. ARTICLE - 4: CONSULTANT'S REPRESENTATIVE


4.1. Consultant shall nominate a qualified and experienced person as its representative who
will be the contact person between EMPLOYER and Consultant for the performance of
the Contract. This nomination shall be done within ‘ten [10] days' after the coming into
force of the Contract. Consultant shall notify EMPLOYER in writing prior to the
appointment of a new representative. Consultant's representative may be replaced
only with Employer's consent after getting approved his CV's from EMPLOYER.
EMPLOYER shall be at liberty to object to any nomination and to require the Consultant
to remove any Consultant’s representative for good causes. Consultant shall replace
immediately such person by a competent substitute at no extra cost to EMPLOYER.
4.2 Consultant's representative shall be entitled to act on behalf of the Consultant with
respect to any decisions to be made under the Contract.

5. ARTICLE - 5: PAYMENT TERMS


5.1 Engineer-in- charge / EMPLOYER shall pay for the services rendered as per stipulation
in the Tender.
5.2 Consultant will invoice Engineer-in- charge / EMPLOYER according to the terms and
conditions provided in the Tender.
5.3 Payment terms shall be as detailed in "Special Conditions of the Contract".
5.4 In case of disputes concerning Invoice(s), concerned Executive Engineer / EMPLOYER
shall return said invoice(s) to the Consultant within 'fifteen [15] days' from its/their
receipt specifying, in writing, the reasons for its / their rejection.
(i) Engineer-in- charge / EMPLOYER shall pay the undisputed amount of the
invoice(s) according to Article-5.3 hereof.
(ii) The disputed amount, if any, shall be paid after mutual settlement between
Engineer-in- charge / EMPLOYER and Consultant.
(iii) Total or partial rejection of the invoice(s) shall not release the Consultant from
any of its obligations under the Contract.

6. ARTICLE - 6: PERFORMANCE GUARANTEE:


Consultant shall be required to submit acceptable Bank Guarantee for an amount equal to 5
% (five percent) of the consultancy cost towards Performance Security before signing the
agreement. The validity of the Bank Guarantee (s) shall cover entire duration of consultancy
period. The format of the Bank Guarantee (s) shall be got approved by the consultant from
Employer. The Bank Guarantee (s) shall be released after satisfactory completion of the
assignment and defect liability period.

6.1 Liquated Damages for delay


In case of delay in submission of any deliverable, liquidated damages, not exceeding an
amount equal to 0.20% (zero point two zero percent) of the Consultancy Fee per day, subject
to a maximum of 5% (five percent) of the Consultancy Fee, shall be imposed and shall be
recovered from the payments due or by appropriation from the Performance Security or
P a g e | 49
otherwise. However, in case of delay due to reasons beyond the control of the Consultant,
suitable extension of time may be granted by THE CHIEF ENGINEER. This is in addition to the
item mentioned in clause 3.7.

6.2 Appropriation of Performance Security


The Chief Engineer shall have the right to invoke and appropriate the proceeds of the
Performance Security, in whole or in part, without notice to the Consultant in the event of
breach of this Agreement or for recovery of liquidated damages specified herein above.

6.3 Penalty for deficiency in Services


In addition to the liquidated damages not amounting to penalty, warning may be issued to
the Consultant for minor deficiencies on its part. In the case of significant deficiencies in
Services causing adverse effect on the Project or on the reputation of the Authority, other
penal action including debarring for a specified period may also be initiated.
6.4 In the event of total default / failure by the Consultant in providing the Services, the Chief
Engineer reserves the right to get the Services executed by any other consultant at the cost
and risk of the Consultant.
6.5 The PMC shall prepare a check list for submissions of bills by the contractor. The PMC shall
check, verify and submit the bill within seven (7) days of receipt of the bill from the
contractor/s.
6.6 The following activities shall attract penalties which shall be detected from the monthly bill for
consultancy services

Sr. Activities Penalty


No.
Checking of designs The PMC shall check, verify and submit the drawings within
1 and Report seven (7) days of receipt of the drawing from the architectural
Submission consultant. If there is any delay in the review and approval, the
concerned Executive Engineer / the Chief Engineer may impose
a penalty by deducting up to 1%age on the fees payable.
For any reason whatsoever, if any team member remains
absent from duty for a cumulative period of more than 15
working days in a years or more than 5 working days at one
time, the consultant shall deploy a personnel of equal or higher
2 Absent from Duties
qualification and experience under the intimation to the
Engineer in-charged. In the event of the failure of the
consultant to do so, a prorate deduction in the fees per
working day for the member remaining absent and a penalty
of1% (one percent) of monthly fee, shall be made from the
payment due.
Delay in Bill If there is any delay in Bill submission, the concerned Executive
3 Submission Engineer/ Chief Engineer will impose a penalty by deducting up
to 0.5% of the monthly bill for the PMC unit per day of delay.
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If there is any change in manpower.
a. Key personnel as proposed in the bid shall not be changed
during the contract period. However, in case of situations
beyond control of the consultant, if any key personal is
4 Change of replaced during the working period, it shall always be with
Manpower equal better qualified experienced personnel. The same shall
be allowed after interview and approval of the concerned
Executive Engineer / Chief Engineer. In such case, a
compensation of Rs.2.0 Lakh per such per change in case of
team leader and Rs.1.0 Lakh per change in case of other key
personnel shall be imposed.
b. In case of other team members, the concerned Executive
Engineer / Chief Engineer shall impose a penalty up to Rs
25,000/- (Rupees Twenty Five Thousand Only) on each change.
Mistake in If there is any major mistakes found in taking measurements
5 measurements due to which is +/- 10%, the concerned Executive Engineer / Chief
negligence/intentional Engineer will impose a penalty by deducting up to Rs.5000/ /-
(Rupees Five Thousand Only) per mistake.
6 Conduct quality The concerned Executive Engineer / Chief Engineer may
control measures and conduct independent quality monitoring and checking of
QA works carried out by contractor and certified or /and
recommended for payment by the Consultant. If such checks
disclose that works certified or/and recommended for
payment by the Consultant do not meet the specified
requirement, the Engineer-in- charge / Chief Engineer will not
pay the Consultant fees for the affected portion which shall be
calculated @ 2.5% of the value of such work. In addition, the
concerned Executive Engineer / Chief Engineer will impose a
penalty up to 100% of such fee and without entitlement to
payment of further fees in this scope of work.
7 Performance of the If the service of a team member provided by the Consultant is
team members not acceptable to the Employer, the Consultant shall replace
the team member within 30days of given such notice. If the
Consultant fails to quickly deploy/replace a team member as
instructed by the Employer, the Employer may make
temporary arrangement. The temporary
employment/replacement shall be paid by the concerned
Executive Engineer / Chief Engineer with commensurate
reduction in the person month scope of the PMC Contract. In
addition to the cost of the temporary replacement, the
concerned Executive Engineer / Chief Engineer shall impose a
penalty up to 50% of the cost of the temporary
deployment/replacement until such time that the Consultant
provides an acceptable replacement/ team member.

7 ARTICLE - 7: CONFIDENTIALITY:
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7.1 Consultant/EMPLOYER shall treat all matters in connection with the Contract as strictly
confidential and undertakes not to disclose, in any way, information, documents, technical
data, experience and know-how given to him by EMPLOYER / Consultant without the prior
written consent of the later.
7.2 Consultant further undertakes to limit the access to confidential information to those of
its employees, implementation-partners who reasonably require the same for the proper
performance of the Contract provided however that Consultant shall ensure that each of
them has been informed of the confidential nature of the confidentiality and non-
disclosure provided for hereof.
8. ARTICLE - 8: TAXES & DUTIES
8.1 Consultant shall pay any and all taxes, duties, levies, etc. which are payable in relation to
the performance of the Contract. The quoted price shall be inclusive of all such taxes and
duties.
8.2 No variation in taxes and duties shall be payable.
8.3 Deleted.
8.4 Deleted.

9 ARTICLE - 9: RESOLUTION OF DISPUTES/ARBITRATION


9.1.1 No dispute can be raised except before the concerned Executive Engineer, PWD, in writing
giving full description and grounds of dispute. It is clarified that merely recording protest
while accepting payment shall not be taken as raising a dispute.
9.1.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer shall
not be liable for claims arising out of such dispute.
9.2 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.

9.3 Dispute resolution

9.3.1 Any dispute, difference or controversy of whatever nature howsoever arising under or
out of or in relation to this Agreement (including its interpretation) between the Parties,
and so notified in writing by either Party to the other Party (the “Dispute”) shall, in the
first instance, be attempted to be resolved amicably in accordance with the conciliation
procedure set forth in Clause 9.4.
9.3.2 The Parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.
NOTE:- In case of any dispute or difference arising between the PMC and the Contractor during
the progress of or after construction or abandonment of the work as to the meaning of
construction of this contract or touching or relating either to the said buildings or works
or to any other matter or thing arising directly or indirectly under this contract, then
and in such an event the same shall be referred to the concerned Executive Engineer,
who shall alone consider and determine the same. His decision/ award shall be binding
P a g e | 52
and conclusive upon both the said parties and this clause shall be deemed a submission
within the meaning of Arbitration and Conciliation Act 1996 or statutory modification
or re-enactment thereof.

9.4 Conciliation
In the event of any Dispute between the Parties, either Party may call upon the Chief
Engineer, PWD (B), Assam and the Managing Partner/ Chairman of the Board of Directors
of the Consultant or a substitute thereof for amicable settlement, and upon such
reference, the said persons shall meet no later than 10 (ten) days from the date of
reference to discuss and attempt to amicably resolve the Dispute. If such meeting does
not take place within the 10 (ten) day period or the Dispute is not amicably settled within
15 (fifteen) days of the meeting or the Dispute is not resolved as evidenced by the signing
of written terms of settlement within 30 (thirty) days of the notice in writing referred to
in Clause 9.3.1 or such longer period as may be mutually agreed by the Parties, either
Party may refer the Dispute to arbitration in accordance with the provisions of Clause 9.5.

9.5 Arbitration
9.5.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 9.5, shall
be finally decided by reference to arbitration by an Arbitral Tribunal appointed in
accordance with Clause 9.5.2. Such arbitration shall be held in accordance with the Rules
of Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi
(the “Rules”), or such other rules as may be mutually agreed by the Parties, and shall be
subject to the provisions of the Arbitration and Conciliation Act,1996. The venue of such
arbitration shall be in Guwahati and the language of arbitration proceedings shall be
English.
9.5.2 There shall be a sole arbitrator whose appointment shall be made in accordance with the
Arbitration and Conciliation Act,1996. The arbitrators shall make a reasoned award (the
“Award”). Any Award made in any arbitration held pursuant to this Clause 9 shall be final
and binding on the Parties as from the date it is made, and the Consultant and the
Authority agree and undertake to carry out such Award without delay.
9.5.3 The sole arbitrator may be appointed on mutually agreed terms accepted by the
Consultant and the Authority.
9.5.4 This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder.
9.5.5 The Consultant shall have to continue its services with due diligence notwithstanding
pendency of a dispute before any authority or forum.

10 ARTICLE - 10: LEGAL CONSTRUCTION


10.1 Subject to the provisions of this Article, the Contract shall be, in all respects, constructed
and operated as an Indian Contract and in accordance with Indian Laws as in force for the
time being and is subject to and referred to the Court of Law situated at Guwahati (Assam),
India.
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11 ARTICLE - 11: SUSPENSION OF THE PERFORMANCE OF DUTIES AND SERVICES
11.1 EMPLOYER may suspend, in whole or in part, the performance of services of Consultant
any time upon giving not less than a fifteen [15] days' notice.
11.2 Upon notice of suspension, Consultant shall suspend immediately the services.
11.3 Upon suspension of the performance of services, Consultant shall be entitled to
reimbursement of the costs related to services performed and not paid.
11.4 By fifteen [15] days' prior notice, EMPLOYER may request Consultant to resume the
performance of the services, without any additional cost to EMPLOYER.
11.5 If the suspension of the duties and services exceeds 'six [06] months', either party shall be
entitled to terminate Contract according to Article-16, hereafter.

12 Deleted

13 ARTICLE - 13: ASSIGNMENT


13.1 Consultant shall not have the right to assign or transfer the benefit and obligations of the
Contract or any part thereof to a third party without the prior expressed approval in
writing of EMPLOYER, which it shall do at its discretion. However, in event of that, all legal
/ contractual obligations shall be binding on Consultant only.

14 ARTICLE - 14: INDUSTRIAL & INTELLECTUAL PROPERTY


14.1 In order to perform the services, Consultant must obtain at its sole account, the
necessary assignments, permits and authorizations from the titleholder of the
corresponding patents, models, trademarks, names or other protected rights and shall
keep EMPLOYER harmless and indemnified from and against claims, proceedings,
damages, costs and expenses [including but not limited to legal costs] for and/or on
account of infringements of said patents, models, trademarks, names or other protected
rights.
14.2 All documents, report, information, data, etc. collected and prepared by Consultant in
connection with the scope of work submitted to EMPLOYER, will be the property of
EMPLOYER
14.3 Consultant shall not be entitled either directly or indirectly to make use of the documents,
reports given by EMPLOYER for carrying out of any services with any third party.
14.4 Consultant shall not, without the prior written consent of EMPLOYER, be entitled to publish
studies or descriptive article with or without illustrations or data in respect of or in
connection with the performance of services.

15 ARTICLE - 15: LIABILITIES


15.1 Without prejudice to any express provision in the Contract, Consultant shall be solely
responsible for any delay, lack of performance, breach of agreement and/or any default
under this Contract.
15.2 Consultant shall remain liable for any damages due to its gross negligence within the next
'twelve [12] months' after the issuance of the provisional acceptance certificate of the
Contract.
15.3 The amount of liability will be limited to 10% of the Contract value.
P a g e | 54
16 ARTICLE - 16: TERMINATION OF CONTRACT
16.1 Termination for Default:
EMPLOYER reserves its right to terminate / short close the Contract, without prejudice to
any other remedy for breach of Contract, by giving one [01] months’ notice if Consultant
fails to perform any obligation(s) under the Contract, and if Consultant, does not cure his
failure within a period of 'thirty[30] days' [or such longer period as EMPLOYER may
authorize in writing] after receipt of the default notice from EMPLOYER.
16.2 Termination for Insolvency:
EMPLOYER may at any time terminate the Contract by giving written notice without
compensation to Consultant, if Consultant becomes bankrupt or otherwise insolvent,
provided that such termination will not prejudice or affect any right of action or remedy
which has accrued or will accrue thereafter to EMPLOYER.

16.3. Termination for Convenience:


EMPLOYER may by written notice sent to Consultant, terminate the Contract, in whole or
part, at any time for its convenience. However, the payment shall be released to the extent
to which performance of work executed as determined by EMPLOYER till the date upon
which such termination becomes effective.

17 ARTICLE - 17: MODIFICATION


17.1 Any modification of or addition to the Contract shall not be binding unless made in writing
and agreed by both the parties

18 ARTICLE - 18: CONTRACT AGREEMENT


18.1 The notification of award along with 'Agreement' on non-judicial stamp paper [of Assam
State, only] of appropriate value as per preform, within 'Twenty-eight [28] days' from the
date of receipt of "LOA", the cost of stamp- paper is to be borne by Consultant, and its
enclosures shall constitute the Contract between the parties and supersedes all other prior
agreements, arrangements and communications, whether oral or written, between the
parties relating to the subject matter hereof.

19 ARTICLE - 19: FORCE MAJEURE: Shall mean and be limited to the following:
(a) War / hostilities
(b) Riots or Civil commotion
(c) Earthquake, flood, tempest, lightening or other natural physical disasters
(d) Restrictions imposed by the Government or other statutory bodies, which
prevents or delays the execution of the Contract by Consultant
19.1 Consultant shall advise EMPLOYER by a registered letter, duly certified by the local
Chamber of Commerce or statutory authorities, the beginning and end of the above causes
of delay within 'seven [07] days' of the occurrence and cessation of such Force Majeure
conditions. In the event of delay lasting over 'one [01] month', if arising out of causes of
Force Majeure, EMPLOYER reserves the right to cancel the Contract and the provisions
governing termination stated under Article-16 shall apply.
19.2 For delays arising out of Force Majeure, Consultant shall not claim extension in completion
date for a period exceeding the period of delay attributable to the causes of Force Majeure
P a g e | 55
and neither EMPLOYER nor Consultant shall be liable to pay extra costs provided it is
mutually established that Force Majeure conditions did actually exist.
19.3 Consultant shall categorically specify the extent of Force Majeure conditions prevalent in
their works at the time of submitting their Bid and whether the same have been taken into
consideration or not in their quotations. In the event of any force majeure cause,
Consultant or the EMPLOYER shall not be liable for delays in performing their obligations
under this order and the completion dates will be extended to Consultant without being
subject to price reduction for delayed completion, as stated elsewhere.

20 ARTICLE - 20: RECTIFICATION PERIOD


20.1 All services shall be rendered strictly in accordance with the terms and conditions stated
in the Contract. No deviation from such conditions shall be made without EMPLOYER's
agreement in writing which must be obtained before any work against the order is
commenced. All services rendered by Consultant pursuant to the Contract are guaranteed
to be of the best quality of their respective kinds. Consultant shall rectify at his own cost
any mistake in assumption of any data in the study or use of wrong data or faulty study
observed within 'twelve [12] months' of the acceptance of his report and will submit the
rectified report incorporating the changes wherever applicable within 'thirty [30] days' of
observance of mistake.

21 ARTICLE - 21: SUB-CONTRACT


21.1 Any sub-Contract to be made by the Consultant relating to the services shall be made only
to such extent and with such duly qualified specialists and entities as shall be approved in
writing in advance by EMPLOYER. Upon the request of EMPLOYER, the consultant shall
submit for EMPLOYER's prior approval, the terms of reference or any amendment thereof
for such sub- Consultant’s services. Notwithstanding such approval, the Consultant shall
remain fully responsible or the performance of services under the Contract.

22 ARTICLE - 22: NOTICES


22.1 Any notice given by one party to the other pursuant to the Contract shall be sent in writing
or by telegram or fax, email, telex/ cable confirmed in writing.
22.2 A notice shall be effective when delivered or on the notice's effective date, whichever is
later.

23 ARTICLE - 23: ACQUISITION OF DATA


23.1 If required, Consultant shall be responsible for carrying out any surveys and acquisition of
all data from necessary sources. EMPLOYER, if requested in writing by Consultant, may
assist the consultant in the said acquisition by way of issue of recommendatory letters only.
All requisite clearances, coordination, fees, charges, etc. & compliance to the local laws
required for completion of the job shall be the responsibility of the Consultant.
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SECTION : 8 - SPECIAL CONDITIONS OF CONTRACT

1.0 GENERAL INFORMATION


The "Scope of Work and Special Conditions of Contract [SCC]" shall be read in conjunction
with the "General Conditions of Contract [GCC]", "Financial Proposals" and any other
document forming part of the Contract, wherever the context so requires.
Notwithstanding the sub-divisions of the documents into separate sections, each part shall
be deemed to be supplementary of every other part, and shall be read with and into the
Contract so far as it may be practicable to do so. Where any portion of the GCC is repugnant
to or at variance with any provisions of the SCC, unless a different intention appears the
provisions of the SCC shall be deemed to override the provisions of GCC, and shall to the
extent of such repugnancy or variations, prevail. In case of any contradiction, the decision
of the "Employer/Engineer-in-Charge [EIC]" will be final and binding on the Contractor.

2.0 ORDER OF PRECEDENCE


In the case of ambiguity in Financial Proposal, Special terms, General Conditions of
Contract, Scope of work etc., the following order of precedence will prevail:
a) Letter of Intent / detailed Letter of Award along with statement of agreed
variations and its enclosures and any corrigendum / addendum.
b) Special terms in conjunction with Scope of Work.
c) General Conditions of Contract.

3.0 Deleted.

4.0 COST OF CONSTRUCTION OF THE WORKS


This shall mean the amount(s) of tender(s) that may be accepted by the Employer for
award of work.

4.1 COST OF CONSTRUCTION OF WORKS SHALL NOT INCLUDE THE FOLLOWING:


a) Any escalation on any account whatsoever in the amount(s) of the said tender(s)
for the construction of the works that may be paid by EMPLOYER.
b) The amount of any deductions from the Contractor(s) bill(s) on account of defective
work or for other reasons.
c) Any payment to local authorities and any other expenditure for or in connection
with obtaining approval of plans, sanction of electrical loads etc.
d) Cost of advertisement for invitation of tenders.
e) deleted.
f) deleted.
g) The quoted fees shall be inclusive of charges for visit to site, local transportation
and other expenses & all types of taxes, etc. including Goods and Service Tax.
P a g e | 57

5.0 TIME SCHEDULE DURING CONSTRUCTION PHASE


The following time schedule will be applicable for the tender package.

1. Construction Management and supervision by Within 07 days of the award of the


deploying necessary technical manpower to work and till completion of the
ensure planned progress. work and closure of contracts.

2. Completion of project, issue of Completion Within60days after completion of


Certificate, submission of “As Built Drawings”, the work.
finalization of Contractor’s final bill & closing of
contract.
3. Obtaining completion certificate and occupation Within60dayafter completion of
certificate from local authority (if required) the work.
NOTE:-
The above time schedule will be strictly adhered. However, the same may deviate on
account of authentic valid reasons to be recorded and approved by EMPLOYER.

6.0 FINANCIAL PROPOSAL


6.1 The "Financial Proposal" shall be read in conjunction with "Scope of Work and SCC", GCC
and any other document forming a part of this Contract.
6.2 EMPLOYER agrees that fees quoted by Consultant and accepted by EMPLOYER shall be paid
to them. In case, any activity, though specifically not covered in the Financial Proposal, but
the same is covered under "Scope of Work and SCC", etc., no extra claim on this account
shall be entertained [as Financial Proposal is to be read in conjunction with other
documents forming part of the Contract].
7.0 VALIDITY OF QUOTED RATES
The 'quoted / accepted rates' shall remain valid for the entire duration of the Contract, and
no escalation, for whatsoever reason, shall be permissible after award of Contract.
8.0 TAXES AND DUTIES
8.1 The rates quoted in the Financial Proposal shall include all taxes including Goods and
Service Tax, cess, other levies, etc.
8.2 The rates quoted in the Financial Proposal shall be inclusive of all equipment's [if any],
supervision, transportation, overheads, profits, etc.
9.0 TERMS OF PAYMENT
9.1 Deleted.
9.2 The payment shall be made to the consultant pro-rata basis related to the payments made
to the Project Contractor in proportion to the rate quoted by the Consultant in their
financial proposal.
9.3 No additional payments whatsoever shall be made to the consultant.
P a g e | 58

9.4 Necessary recoveries and all statutory deductions shall be made as per the relevant rates
[as per rules & regulations of Government] from the payments to the Consultant.

10.0 TAX LIABILITIES


10.1 The prices quoted in the Financial Proposal should be inclusive of all expenses of
transportation, overheads, profits, etc. The same should also be inclusive of all taxes,
Goods and Service Tax, and cess levies, statutory payments, license fees, etc., imposed by
the Government of Assam Works Contracts, etc. While quoting the prices, the Consultant
shall take into account all these aspects and no separate payment on any account shall be
payable to the Consultant at a later date.
10.2 Consultant shall be liable for timely payment of all taxes, duties & levies imposed by any
Government / Government Department / Agency / Body including local autonomous
bodies from time to time without any extra claim from Employer. Employer shall have no
liability on these accounts if Consultant informs Employer for such liability after closing of
the agreement.
10.3 Deleted.
11.0 DEVIATION
Tender must be submitted without making any additions /alterations. The bidders shall
submit quotation based strictly on terms and conditions and specifications contained in
the Tender Document and not to stipulate any deviations. Deviations in any manner
against any clauses of this tender document are not allowed and any such deviation if
indicated anywhere will render the offer non- responsive and shall liable to be rejected.

NOTE: The right to accept the offer will rest with the EMPLOYER. EMPLOYER,
however, does not bind himself to accept the lowest offer and reserves to
itself the Authority to reject any / all the offers received without assigning
any reason whatsoever.

12.0 AGREEMENT: Consultant shall enter into an Agreement with EMPLOYER. The pro-forma for
Agreement is enclosed. This will be on a non-judicial stamp paper of appropriate value the
cost of which will be borne by Consultant.
13.0 ENGINEER-IN-CHARGE [EIC]
13.1 “EMPLOYER / Chief Engineer" shall nominate the "Engineer-in-Charge [EIC]" for the work
under the Contract.
13.2 The EIC shall look after general supervision and directions of the work. He will be
authorized to stop the work with due permission of EMPLOYER, whenever such stoppage
may be necessary to ensure proper execution of the Contract. He shall also have authority
to reject all works, which do not conform to the specifications.
13.3 The Engineer-in-Charge(EIC), with due permission of EMPLOYER, reserves the right to
suspend the work or part thereof at any time and no claim whatsoever on this account
shall be entertained. In case of any dispute, the Consultant/Contractor may appeal to
P a g e | 59

EMPLOYER, whose decision shall be final and binding on the Consultant/Contractor.


13.4 The Engineer-in-Charge (EIC) has all the rights to overrule the contractor’s bill and
measurement prepared by the PMC and his decision will be final.

14.0 SUPERVISION OF WORK


The Consultant shall be fully responsible for the works including the progress and quality
of works carried out by various contractors at site. They shall ensure by continuous
supervision and inspection of works, as may be necessary, that the works are carried out
strictly in accordance with the approved drawings and specifications and as per Employer’s
instructions issued in writing from time-to- time.
15.0 WORKING HOURS
Work may be carried out on all days of the week, including Sundays & Holidays (excluding
restricted Holidays), and extra hours including nights. If contractor carried out work in
shifts to achieve the project completion schedule, Consultant has to arrange staff,
deployed for the work, accordingly. Consultant should ensure that all the safety
precautions have been followed by the contractor during the execution of the work.

16.0 LODGING, BOARDING & TRANSPORTATION: Lodging, Boarding & Transportation shall be
arranged by the Consultant at his own cost.

17.0 IDENTITY CARDS


The Consultant shall issue 'Identity-Cards' of their personnel to be deployed inside
premises, which shall be required to display prominently during the period of their stay
within the premises and the 'Identity- Cards' shall have the information as demanded by
EMPLOYER authorities. No identity cards will be issued by the employer to the staff of
consultants.

18.0 COMPLETION CERTIFICATE & FINAL BILL


18.1 The "Engineer-in-Charge EIC" shall normally issue to the Contractor, the "Work Completion
Certificate" within one (01) month after receiving an application through Consultant
thereof from the Contractor after verifying from the completion documents and satisfying
himself that the work has been completed in all respect in accordance with the
instructions, specifications of the Contract documents. However, it is the responsibility of
the Consultant to recommend for issuing the certificate after ensuring the completion
work in all respect.

19.0 ADHERENCE TO SAFETY REGULATIONS


19.1 All the Contractor's personnel as well as the personnel of Consultant, who would be
deployed inside the workplace, should strictly follow all safety rules and regulations. They
should be well-conversant with the safety precautions to be followed in the workplace.
P a g e | 60

The Consultant shall abide by the advice and guidance of the Safety-Officer in the
workplace. In addition, the Contractor/ Consultant shall follow all Safety-Codes framed
from time to time. Smoking inside the workplace premises is strictly prohibited. No
Contractor's/ Consultant’s personnel are allowed to possess match boxes, lighters,
cigarettes, biddies, transistors, or any other material which may cause fire hazards.
19.2 Contractor/ Consultant shall also ensure that all existing and amended Fire & Safety rules
/ policies of EMPLOYER are strictly observed in the services rendered by him. Contractor/
Consultant have to strictly adhere to guidance, instructions issued from time to time in this
regard. Any violation on this account shall be the Contractor's/ Consultant’s responsibility.
19.3 EMPLOYER will not be responsible for any accident/mishap with the Contractor's/
Consultant’s employees. The Contractor/ Consultant shall take necessary action for his
employees in case of any incidents.
19.4 EMPLOYER shall not provide any medical assistance and shall have no other liability
whatsoever except as expressly provided under the Contract.

20.0 TERMINATION OF AGREEMENT


The Agreement with Consultant may be terminated at any time on one month’s notice by
EMPLOYER without assigning any reason, therefore, such termination notwithstanding,
the Consultant shall be entitled to be paid for works actually done by them prior to such
termination and shall be liable to pay to the EMPLOYER all damages which, EMPLOYER may
have become entitled to for omission or commission on their part upon termination of the
Agreement subject to maximum of 10% of the total fee payable.

==================== X ====================
P a g e | 61

SECTION : 9 – Appendices

Annex- 6
Bank Guarantee for Bid Security (Deleted)

To
The Executive Engineer, P.W.D.
………………………………………………. Division

WHEREAS, _____________________________________________ [Name of Bidder] (hereinafter


called “the Bidder”, is being submitted his Bid dated ______________ [date] for the Consultancy
Services for “_______________________
__________________________________________________” [name of Contract hereinafter
called “the Bid”].

KNOW ALL PEOPLE by these presents that We _______________________ [Name of Bank]


of____________________ [name of country] having our registered office
at_____________________________________________ [hereinafter called “the Bank”] are
bound unto_____________________________________________________ [name of Employer
hereinafter called” the Employer”) in the sum of
___________________________________________________ for which payment well and truly
to be made to the said Employer the Bank itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _______day of_____, 20__.

THE CONDITIONS of this obligation are:


1. If after Bid Opening the Bidder withdraws his bid during the period of Bid validity specified
in the Form of Bid;
OR
2. If the Bidder having been notified to the acceptance of his bid by the Employer during the
period of Bid validity:
a) Fails or refuses to execute the Form of Agreement in accordance with the
Instruction to Bidders, if required; or
b) Fails to furnish the Performance Security, in accordance with the Instructions to
Bidders; or
c) Does not accept the correction of the Bid Price pursuant to Clause 27.

We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by him is due to him owing to occurrence of any
of the three conditions.

This Guarantee will remain in force up to and including the date ____________days after the
deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it
may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this guarantee should reach the Bank not later than the above date.

DATE: SIGNATURE:
P a g e | 62

WITNESS: SEAL:
[Signature, Name and Address]

* The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instruction to
Bidders.
* 45 days after the end of the validity period of the Bid. Date should be inserted by the Employer
before the Bidding documents are issued.
P a g e | 63

FORM OF PERFORMANCE SECURITY


(PERFORMANCE BANK GUARANTEE)

To,

The Executive Engineer, P.W.D.


……………………………………………… Division

In consideration of ***** acting on behalf of the [Governor of *****] (hereinafter


referred as the “Authority”, which expression shall, unless repugnant to the context or
meaning thereof, include its successors, administrators and assigns) having awarded to M/s
……………….., having its office at ……………….. (hereinafter referred as the “Consultant” which
expression shall, unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), vide the Authority’s Agreement no. ………………. dated
……………….. valued at Rs. ……………….. (Rupees ………………..), (hereinafter referred to as the
“Agreement”) a consultancy services for [……………………….], and the Consultant having agreed
to furnish a Bank Guarantee amounting to Rs.……………….. (Rupees ………………..) to the
Authority for performance of the said Agreement.
1. We, ……………….. (hereinafter referred to as the “Bank”) at the request of the Consultant
do hereby undertake to pay to the Authority an amount not exceeding Rs. …………………
(Rupees ………………….) against any loss or damage caused to or suffered or would be caused
to or suffered by the Authority by reason of any breach by the said Consultant of any of the
terms or conditions contained in the said Agreement.
2. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay the amounts
due and payable under this Guarantee without any demur, merely on a demand from the
Authority stating that the amount/claimed is due by way of loss or damage caused to or
would be caused to or suffered by the Authority by reason of breach by the said Consultant
of any of the terms or conditions contained in the said Agreement or by reason of the
Consultant’s failure to perform the said Agreement. Any such demand made on the bank
shall be conclusive as regards the amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount not exceeding
Rs. ……………….. (Rupees …………………..).
3. We, ……………….. (indicate the name of Bank) undertake to pay to the Authority any
money so demanded notwithstanding any dispute or disputes raised by the Consultant in any
suit or proceeding pending before any court or tribunal relating thereto, our liability under
this present being absolute and unequivocal. The payment so made by us under this bond
shall be a valid discharge of our liability for payment thereunder and the Consultant shall
have no claim against us for making such payment.
4. We, ……………….. (indicate the name of Bank) further agree that the Guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all the
dues of the Authority under or by virtue of the said Agreement have been fully paid and its
claims satisfied or discharged or till the Authority certifies that the terms and conditions of
P a g e | 64

the said Agreement have been fully and properly carried out by the said Consultant and
accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is
made on us in writing on or before a period of one year from the date of this Guarantee, we
shall be discharged from all liability under this Guarantee thereafter.
5. We, ………………… (indicate the name of Bank) further agree with the Authority that the
Authority shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said
Agreement or to extend time of performance by the said Consultant from time to time or to
postpone for any time or from time to time any of the powers exercisable by the Authority
against the said Consultant and to forbear or enforce any of the terms and conditions relating
to the said Agreement and we shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said Consultant or for any forbearance, act or
omission on the part of the Authority or any indulgence by the Authority to the said
Consultant or any such matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have the effect of so relieving us.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank
or the Consultant(s).
7. We, ……………….. (indicate the name of Bank) lastly undertake not to revoke this
Guarantee during its currency except with the previous consent of the Authority in writing.
8. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted
to Rs. *** crore (Rupees ***** crore) only. The Bank shall be liable to pay the said amount
or any part thereof only if the Authority serves a written claim on the Bank in accordance
with paragraph 2 hereof, on or before [*** (indicate date falling 180 days after the Bid Due
Date specified in the RFQ/RFP for the Project)].

Dated, the ………. day of ………. 20

For ..............................................................

(Name of Bank)

(Signature, name and designation of the authorized signatory)


Seal of the Bank:

NOTES:
P a g e | 65

i) The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Guarantee.
ii) The address, telephone no. and other details of the Head Office of the Bank as well as of
issuing Branch should be mentioned on the covering letter of issuing Branch.
P a g e | 66

Annexure-B
(see clause 3 of section I'NIT)
AFFIDAVIT
(To be contained in Envelope A)
(On Non judicial stamp of Rs100/-)

I/We __________________ who is/are ___________________ status in the form/company) and


competent for submission of the affidavit on behalf of M/S-_________________________ (contractor)do
solemnly affirm an oath and state that:
I/we am/are fully satisfied for the correctness of the certificates/ records submitted in support of the
following information in bid documents which are being submitted in response to notice inviting e-tender
No. ________for _________________________ (name of work) dated-……………...., issued by the
………………………………..(name of the department).
I/we am fully responsible for the correctness of following self-certified information/documents and
certificates:
1. That the self-certified information given in the bid document is fully true and authentic.
2. That:
a- Term deposit receipt deposited as earnest money, demand draft for cost of bid document and
other relevant documents provided by the Bank are authentic.
b- Information regarding financial qualification and annual turnover is Correct.
c- Information regarding various technical qualifications is correct.
3. No close relative of the undersigned and our firm/company is working with the department.
OR
Following close relatives are working in the department:
Name-----------Post------- ---Present Posting

Signature with seal of the Deponent (bidder)


I/We. …………………………………. above deponent do hereby certify that the facts mentioned in above paras
1. to 3 are correct to the best of my knowledge and belief.

Verified today--------- -(dated)at ----------place)

Signature with seal of the Deponent (bidder)


Note- Affidavit duly notarized in original shall reach at least one calendar day before opening of the bid.
(Section 2-Annexure-B)
Annexure - H
(See clause 4 of GCC)
ORGANIZATIONAL DETAILS
(To be Contained in Envelope - A)
Sl.No Particulars Details
.
1. Name of Organization/ Individual/ Proprietary Firm/ Partnership
Firm
2. Entity of Organization
Individual/ Proprietary Firm/ Partnership Firm (Registered under
Partnership Act)/ Limited Company (Registered under the
Companies Act–1956)/ Corporation
3. Address of Communication
4. Telephone Number with STD Code
5. Fax Number with STD Code
6. Mobile Number
7. E-mail Address for all communications
Details of Authorized Representative
8. Name
9. Designation
10. Postal Address
11. Telephone Number with STD Code
12. Fax Number with STD Code
13. Mobile Number
14. E-mail Address
15. For the Applicant, state the following information:
(i) Has the Applicant been penalized by any organization for poor
quality of work or breach of contract in the last three years? Yes/No
(ii) Has the Applicant ever failed to complete any work awarded to it
by any public authority/ entity in last three years? Yes/No
(iii) Has the Applicant been blacklisted by any Government
department/Public Sector Undertaking in the last three years? Yes/No
(iv) Has the Applicant suffered bankruptcy/ insolvency in the last three
years? Yes/No
Note: If answer to any of the questions is yes, the Applicant is not
eligible for this consultancy assignment.
Note: In case of partnership firm and limited company certified copy of partnership deed/ Articles
of Association and Memorandum of Association along with registration certificate of the
company shall have to be enclosed.
Signature of Bidder with Seal

Date:
Section 2 –Annexure - H

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