INVITATION FOR EXPRESSION OF INTEREST AND FINANCIAL PROPOSAL

FOR
EMPANELMENT AND ENGAGEMENT OF CONSULTANTS FOR PROVIDING
CONSULTANCY SERVICES FOR PREPARATION OF DETAILED PROJECT REPORT (DPR)
FOR CONSTRUCTION OF 2 LANE FLYOVER FROM NH-31C TO GOSSAIGAON CIVIL SUB-
DIVISION AT HABRUBIL IN KOKRAJHAT DISTRICT

Last Date of Submission of Proposal : 18.12.2023 at 14.00 hrs

 GOVERNMENT OF ASSAM
OFFICE OF THE CHIEF ENGINEER, PWD (ROADS), ASSAM
CHANDMARI :: GUWAHATI – 3
No. CE/STBR/II/30/2023-24/03 Date: 12/10/2023

SHORT NOTICE INVITING EXPRESSION OF INTEREST AND FINANCIAL PROPOSAL FOR

EMPANELMENT AND ENGAGEMENT OF CONSULTANTS FOR PROVIDING
CONSULTANCY SERVICES FOR PREPARATION OF DETAILED PROJECT REPORT (DPR) FOR
CONSTRUCTION OF 2 LANE FLYOVER FROM NH-31C TO GOSSAIGAON CIVIL SUB-DIVISION AT
HABRUBIL IN KOKRAJHAT DISTRICT

The Chief Engineer PWD (Roads), Assam, Chandmari, Guwahati -3, invites Expression of Interest and
Financial Proposal from eligible Consultants for Empanelment and Engagement of Consultants for Providing
Consultancy Services for Preparation of Detailed Project Report (DPR) for Construction of 2 Lane Flyover from
NH-31C to Gossaigaon Civil sub-division at Habrubil in Kokrajhar District For an amount of Rs. 119.00 Lakh
(Approx).

Detail description of project, Eligibility criteria, Scope of Services and payment of Professional fees
etc. given in the Term of Reference may be seen at http://www.apwd.in.

N.B: Allotment will be done on receipt of Administrative Approval from the competent authority.

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

Memo No. CE/STBR/II/30/2023-24/03 -A Date: 12/10/2023

Copy to:
1) The Special Commissioner and Special Secretary to the Govt. of Assam, PWRD, Dispur, Guwahati-6 for
favour of kind information.
2) The Special Secretary to the Govt. of Assam, PWRD, Dispur, Guwahati-6 for favour of kind information.
3) The Director of Information and Public Relation, Assam, Dispur, Guwahati – 6 for information and
necessary action along with 5 spare copies for publication in one widely circulated local English daily,
one National daily and one local Assamese daily on or before 14.10.2023. The bill for the advertisement
may be sent to the Chief Engineer, PWD (Roads) Assam, Chandmari, Guwahati-3 for payment.
4) The Superintending Engineer, PWRD, Kokrajhar (R & B) Circle, Kokrajhar for information & necessary action.
5) The Executive Engineer, PWRD, Kokrajhar Rural Road Division, Kokrajhar for information & necessary action.
6) The Superintendent of Govt. Press, Bamunimaidam, Guwahati -21 for publication in Assam Gazette
notice Board.
7) The ITNO, O/o the Chief Engineer, PWD (R), Assam, Chandmari, Guwahati-3, for information and necessary action.
8) Notice Board.

Sd/-
(Er. S. Shyam)
Chief Engineer PWD (Roads)
Assam, Chandmari, Guwahati – 3
 GOVERNMENT OF ASSAM
OFFICE OF THE CHIEF ENGINEER, PWD (ROADS), ASSAM
CHANDMARI :: GUWAHATI – 3
No. CE/STBR/II/30/2023-24/04 Date: 16/11/2023

INVITATION FOR EXPRESSION OF INTEREST AND FINANCIAL

PROPOSAL FOR

Consultancy Services for Preparation of Detailed Project Report (DPR) for Construction of 2 Lane Flyover from
NH-31C to Gossaigaon Civil sub-division at Habrubil in Kokrajhar District
(Assam Public Works Roads Department)

Traffic problem is getting worse day by day due the exponential growth of vehicular traffic in recent
times. Well-connected flyovers are the only solution to ease traffic congestion in busy and rapidly growing
cities and towns where there is no or little scope for traffic diversion. A flyover essentially allows traffic to
move over a busy intersecting road, without encountering a traffic signal and stoppage. A flyover is an
elevated road over an existing one at a junction. A flyover is designed so that some lanes of traffic completely
avoid the junction.
Gossaigaon town is one of the largest and fastest developing towns of Kokrajhar District in Bodoland
Territorial Region (BTR), Assam and Northeast India. Traffic volume increases alarmingly day by day in
Gossaigaon town for which traffic congestion at Junction point of NH-31C to Gossaigaon Civil Sub-division
office at Habrubil is regular scenario. This is the main route for Gossaigaon Civil Sub-division office and also
towards West Bengal. Moreover, this junction point is also the main entry of business hub of Gossaigaon
town. Heavy traffic congestion on this road necessitated construction of a Flyover.
With a vision to minimize the loss of valuable time, traffic congestion, wastage of scarce hydrocarbon
fuel and causalities, The Government of Assam has taken up a giant step to construct numbers of flyovers in
the state.
The Govt. of Assam is now looking for eligible and competent consultants to prepare detailed project
reports for the said Flyovers. The nature of services provided by the Consultant will be limited to survey and
investigation of bridge sites, soil investigation, material survey, study on quarry in exploring suitable road and
bridge construction materials, collection of all other relevant data as required in preparing the Detailed
Project Report strictly in conformity with latest revision of MoRTH & IRC guidelines, preparation of detail
design and drawings, estimates, bill of quantities etc, and guided by the following but shall not be limited to
these items only.
Preparation of DPR for bridges requires the following investigations:-
1. Reconnaissance and finalization of Flyover alignment and requirement of alternative arrangement
during execution.
2. Feasibility study.
3. Finalizing Span arrangement, type of superstructure and foundation in consultation with PWRD.
4. Traffic Count Survey, analysis and projection for next 20 years.
5. Sub-Soil investigations for assessing bearing capacity of soil.
6. Preparation of detail design and drawings for Flyovers.
7. Preparation of LS & CS and Plan for approaches (along with the Flyover)
8. Preparation of estimate and Bill of quantities
9. Preparation of Land Acquisition estimate, if necessary.
10. Preparation of estimate for shifting of utilities.
11. Preparation and submission of social and environmental assessment study report.
12. Report preparation and submission.
The Govt. of Assam through the Chief Engineer, PWD (Roads) Assam now invites eligible and
 competent consultants to register their interest for Empanelment and Engagement for preparation of
Detailed Project Reports (DPRs) by submitting the following information.

I. Organization Structure of consultancy firm indicating nature of employment (permanent/ temporary/

on contract)- SCHEDULE ‘A’
II. Financial turnover for last Three Years.- SCHEDULE ‘B’
III. Experience of the consultants and type of consultancies undertaken during the last three years. This
should accompany certificate from the clients of consultants indicating the type of consultancy
services provided and the consultant’s overall performance- SCHEDULE ‘C’
IV. Brief details of best five DPRs for bridges prepared by the consultants under any scheme (preference
will be given to those completing DPR for Flyovers).
V. (a) Permanent strength of consultant organization together with break-up according to nature of
expertise/specialization available with the organization. – SCHEDULE ‘D’
(b) Details of personnel out of above to be assigned the tasks of field visits, design, cost estimation
and preparation of DPRs
VI. Type of topographic surveys, soil and material investigation equipment and instrument available
within the firm. Arrangements/tie-up with firms having such equipment and instruments may also be
indicated.
VII The DPR’s along with other related documents is to be submitted to the department within 180 days
from the date of issue of work order. The consultant shall express their capacity as to how many
bridge DPR as mentioned in above paras can be completed in all respect within the above time frame
as quoted above.
VIII Survey and necessary sub-soil investigations, exploring material study etc that is required in
preparation of the DPR, design of Flyovers and complete shall be made in consultation with the
Executive Engineer of the divisions concerned.
The selected consultant shall submit 3 (three) copies of draft DPRs and drawings to this office for
scrutiny. After scrutiny of the DPRs and drawings, necessary corrections if any have to be done by the
consultants and submit 6(six) copies of final DPRs & drawings.
The consultant shall quote their rate in Indian rupee both in word & figure inclusive of all taxes,
pocket expenses etc. as may come, in providing the services, mentioned in the earlier paras.
Submission of Cost of Bid & Bid Security:-
Cost of Bid:-
Cost of bidding document Rs.3,570.00 (Rupees three thousand five hundred seventy) only in the form of
Demand Draft/ Banker’s cheque in favour the ASSAM STATE ROAD BOARD, A/C No.- 10566991479
should be submitted at the time of submission of Bid.
Bid Security:-
Bid Security will be 2% of the NIT Value in the form of Bank Guarantee or FDR in favour of the Chief Engineer,
PWD (Roads), Assam, Chandmari, Guwahati-3 should be submitted at the time of submission of Bid.

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

The department (PWD, Assam) reserves the right in selecting any of the firms submitting the
proposals for any quantum of work.
 The Expression of Interest along with the financial proposal must be delivered to the address of the
office of the undersigned not later than 14.00 hrs of 18.12.2023 with the envelope marked clearly.
“Expression of Interest and Financial Proposal from eligible Consultants for Empanelment and Engagement of
Consultants for Providing Consultancy Services for Preparation of Detailed Project Report (DPR) for Construction
of 2 Lane Flyover from NH-31C to Gossaigaon Civil sub-division at Habrubil in Kokrajhar District”. Any further
information may be obtained from the address of the office of the undersigned during office hours up to
16.12.2023.

Sd/-
(Er. S. Shyam)
Chief Engineer PWD (Roads)
Assam, Chandmari, Guwahati – 3
No. CE/STBR/II/30/2023-24/04 Date: 16/11/2023

Copy to :-

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

II. The Special Secretary to the Govt. of Assam, PWRD, Dispur, Guwahati-6 for favour of kind
information.

III. The M/S ………………………………………………………………………………………….

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

proposal.

Sd/-
(Er. S. Shyam)
Chief Engineer PWD (Roads)
Assam, Chandmari, Guwahati – 3
 APPENDIX-I

TERMS OF REFERENCES FOR EMPANELMENT AND ENGAGEMENT OF CONSULTANTS

FOR PROVIDING CONSULTANCY SERVICES FOR PREPARATION OF DETAILED PROJECT
REPORT (DPR) FOR CONSTRUCTION OF 2 LANE FLYOVER FROM NH-31C TO GOSSAIGAON
CIVIL SUB-DIVISION AT HABRUBIL IN KOKRAJHAT DISTRICT

1. Project information:

Traffic problem is getting worse day by day due the exponential growth of vehicular traffic in recent
times. Well-connected flyovers are the only solution to ease traffic congestion in busy and rapidly growing
cities and towns where there is no or little scope for traffic diversion. A flyover essentially allows traffic to
move over a busy intersecting road, without encountering a traffic signal and stoppage. A flyover is an
elevated road over an existing one at a junction. A flyover is designed so that some lanes of traffic completely
avoid the junction.
Gossaigaon town is one of the largest and fastest developing towns of Kokrajhar District in Bodoland
Territorial Region (BTR), Assam and Northeast India. Traffic volume increases alarmingly day by day in
Gossaigaon town for which traffic congestion at Junction point of NH-31C to Gossaigaon Civil Sub-division
office at Habrubil is regular scenario. This is the main route for Gossaigaon Civil Sub-division office and also
towards West Bengal. Moreover, this junction point is also the main entry of business hub of Gossaigaon
town. Heavy traffic congestion on this road necessitated construction of a Flyover.
With a vision to minimize the loss of valuable time, traffic congestion, wastage of scarce hydrocarbon
fuel and causalities, The Government of Assam has taken up a giant step to construct numbers of flyovers in
the state.
2. Objectives:
 In order to quickly take up the implementation of the project, it is proposed to empanel suitable
consultants to carry out bridge investigation, Traffic survey, analysis of data, and design of
strengthening scheme.
 To evolve sound proposals for construction of 4 lanes Flyovers.
 To carry out engineering, economic, environment and social studies of the proposed construction at Sl-
2 above.
 To carry out the detail engineering design of the proposed Flyovers based on data collected at site,
geometry of the road and sub-soil investigation, prepare cost estimates, bill of quantities, required for
tendering, as per MoRTH and I.R.C. standard guide lines

3. Scope of Works:
3.1. Feasibility Study:
a) Detailed joint Inspection at site along with concern PWD officials for ascertaining feasibility of site
and finalizing location of the proposed Flyovers.
b) This involve carrying out detailed site survey to get complete details of land, building, over head wires,
underground and overhead utilities etc.
Its include Total Station Survey of the project site. Survey with Drone will be given preference.
3.2. Data Collection:
a) The consultant shall carry out Geo-technical investigations and sub surface explorations for proposed
flyovers and any other locations as necessary for proper design of the works and conduct all relevant
laboratory and field test on soil and rock samples. The bore hole details at location of every abutment
/ pier shall be taken and recorded on GAD.
b) Traffic Count Survey, analysis and projection for next 20 years.
c) Detailed survey for getting required information as regards rehabilitation of Project Affected Persons
(PAPs).
3.3. Preliminary Design:
a) The alignment plans of the Bridges after completion of topographic survey. Geometric design shall
cover the following:
1. Horizontal alignment
2. Vertical profile
3. Detailed cross –sections
4. Junctions, intersections and interchanges, if any.
b) Preparing General Arrangement Drawing which include plan, elevation, end view showing the
horizontal, vertical clear access, spanning arrangement, short notes, specifying the details of
foundation, concrete mixes as per design mix etc. complete details of utility services.
c) The GAD shall be including tentative traffic diversion plan, the phases required for execution of
flyover mark considering the utilities and traffic diversions.
d) The GAD shall be prepared taking into account the Geometric of the project in relation to the
restrictions imposed by space available.
e) The consultant shall obtain and take cognizance of remarks offered by various utility providers of
various departments of the Govt. of Assam and agencies other than the Govt. of Assam.
f) Besides geometric design, traffic survey, sub soil investigation, hydraulic design wherever relevant,
GAD shall be prepared considering aesthetic design complying with relevant IRC codes and IS codes
of practice.
g) The consultant shall prepared separate GAD for Flyover/ approaches and gets the approval from PWD.

3.4. Detailed Design and proof Checking:

a) After approval of GAD by the Department, to prepare detailed structural design & drawings, working
drawings, estimates, BOQ, Special Conditions of Contract & Specification wherever necessary etc.
b) To take cognizance of the remarks of various utility providers within and outside PWD while
preparing GAD & designing.
c) Detail traffic diversion plan to be submitted based on detail traffic survey.
c) Preparation of Design Basis Report (DBR).
 d) Preparation of Detailed Estimate, Rate analysis for items not covered in SOR.
f) To attend meetings in connection with the work. Technical points raised in the meetings shall be
suitably replied within 15 (Fifteen) days.
g) The design submitted by the consultants may be subjected to proof checking by any other consultant or
institutions like IIT, AEC etc. The design consultants to modify the design, if required, after proof
checking within 7 (seven) days.
h) All submission related to design and drawings to be done in soft & hard copy.

3.5. General criteria:

a) The consultant shall have to ensure quality assurance in his work and shall be responsible for
acceptance / approval by the concerned Ministry / PWD.
b) The DPR’s along with other related documents is to be submitted to the department within 180 days
from the date of issue of work orders. Project preparation including submission of the final DPR’s and
reports for all assigned works shall be completed in phases.
c) It will be incumbent upon the Consultant to clarify / modify any points raised by PWD.

4. Deliverables:
Stage I
 Preliminary survey report indicating exact Start & End points, site features, remarks of various
departments and external utilities etc.
 Feasibility study report.
 Social and environmental assessment study report
 Report as regards all collected data and test result etc.
 GAD of bridges clearly indicating span, type of superstructure, type of foundation and finished deck
level, detail of substructure and foundation drawings.
 Detail design calculation for the bridge and estimate.
 Traffic diversion plan
 L.A. estimate
 Estimate for utility shifting.
Stage II
 Draft DPR in suitable packages as desired by the client along with necessary design, drawings,
estimates, reports.
 Final DPR after scrutiny and incorporating any corrections, modifications pointed out by the
Department.
All submission related to design and drawings to be done in soft & hard copy.
5. Service and facilities to be provided by the Client / Government :
The Govt. shall not provide any services and / or facilities to the appointed consultant during
the feasibility studies or detailed Engineering studies. The consultant will have to arrange for all
facilities / services required to carry out the assigned work on this project at their cost. However,
introductory / recommendation letters shall be provided to the consultants on request for obtaining
desired services and facilities from concerned authorities, for which the consultants shall make
payments to the concerned authorities directly. The concerned Executive Engineer will, on request,
provide data relevant to the assigned work.

6. Evaluation of Proposals:

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

In comparing proposals, efficiency and reliability of consultant(s) and the eligibility criteria mentioned
in the proposal document shall be considered.

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

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

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

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

The balance 10 % of the total value of the Consultancy Service will be released after start of the
construction work or 6(six) months after final acceptance of the DPR whichever is earlier. The Consultant will
submit bills as per above schedule to the concerned Executive Engineer. The Executive Engineer will verify
the bills and make arrangement for payment. The rates are inclusive of all taxes etc. The Consultants shall pay
the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted laws during
life of this agreement and the Client shall perform such duties in regard to the deduction of such tax as may be
lawfully imposed.

8. Performance Security:
Performance security amounting to 5% of the contract price to be deposited at the time of signing the
agreement in the form of Bank Guarantee / Fixed deposit from any scheduled bank and will be released within
4 (four) weeks from the date of final acceptance of the DPR by the department.
9. Penalties:
In case consultant fails to render satisfactory services (to be determined by the department) with regard
to any portion of the activities comprising the Consultancy or in providing timely reports with regard thereto,
in case of deficiencies in performance are found during scrutiny of DPR by the department and during
execution of works the Consultant shall be liable to pay penalty @0.25% (One fourth percent) per calendar
day subject to maximum of 10% (ten percent) of the contract sum calculated pro rata for the activity. However,
if provision of services is delayed due to the department, suitable extension of time for completion of services
shall be granted upon receipt of express request containing full justification.

10. Termination:
If the consultant fail to show proportionate progress of work and can be presumed that in no way the
work will be completed within the targeted time, the work will be withdrawn from the consultant without
showing any reason thereof.
11. Payment upon Termination

If the contract is terminated because of a fundamental breach of contract by the contractor failing to
show proportionate progress, the performance security deposited at the time of signing the agreement will be
forfeited and shall be the property of the client

12. Minimum Qualifying criteria:

(i) Staff strength of 20 key personnel comprising of road construction engineer, bridge engineer,
transportation engineer, material specialist, Geotechnical specialist, hydraulic specialist, surveyor,
quantity surveyor.
(ii) Experience of having prepared a minimum of 5 DPRs for Flyover project during the previous three
years
(iii) An annual average financial turnover of Rs. 1.5 Crore during the last three years
(iv) Undertaking that the firm has not been blacklisted by any government department/agency
(v) Undertaking that the firm has not abandoned any work under any government department/agency

Quality Cum Cost Based System (QCBS) method will be used for evaluation and selection of
consultants. In this method, proposals will be ranked according to their combined technical (ST) and financial
(SF) scores. The weights for technical and financial scores will be 70 and 30 respectively.
 Criteria For Technical Evaluation
Total Marks: 100
Minimum Qualifying Marks: 75

Name of work : Expression of Interest and Financial Proposal from eligible Consultants for Empanelment
and Engagement of Consultants for Providing Consultancy Services for Preparation of Detailed Project
Report (DPR) for Construction of 2 Lane Flyover from NH-31C to Gossaigaon Civil sub-division at Habrubil in
Kokrajhar District.

Sl.
Particulars Score
No.
1 Organizational Structure of Consultant 10
2 Previous Experience 15
I Overall experience of the firm, including the number of years of experience
a) Experience >10 years 5
b) Experience >5 years 3
c) Experience <5 years 0
II Experts available with the firm for the proposed services 5
III Experience of the firm in the required area of consultancy 5
3 Experience of Key Personnel 20
Qualification of professional employees and resource persons including the nature of
I 10
specialization with documentary proof
II Relevant experience of professional employees and resource persons 10
4 Approach and Methodology 10

I Ownership of machineries and computer software related to road and bridge design 10

5 Financial Strength of Consultant 10

I Average annual turnover figure for last three years 10
6 Requirements as per Cl. 12 of TOR Minimum Qualifying Criteria 35
Staff strength of 20 key personnel comprising of Road Construction Engineer, Bridge
I Engineer, Transportation Engineer, Material Specialist, Geotechnical Specialist, Hydraulic 10
Specialist, Surveyor, Quantity Survey
II Experience of having prepared a minimum of 5 DPRs during the last three years 10
III An annual average turnover of Rs. 1.50 Crore during previous three years 5
IV Undertaking that the firm has not been blacklisted by any Govt. department/agency 5
V Undertaking that the firm has abandoned any work under any Govt. department/agency 5
Total =
 SCHEDULE ‘A’
STRUCTURE AND ORGANIZATION
(Documentary proof to be enclosed wherever required)
1. Name of Applicant with full address :
2. Tel. No. :
3. Fax No. :
4. Email :
5. Whether the firm is an individual, proprietary :
concern, a Registered Partnership firm or a
Limited Company.
6. Name and address of the Chief Executive or :
the person holding the Power of Attorney, if
any.
7. (i) Place of Business. :
(ii) Date of Registration. :
8. Name of bankers with full address. :
9. Permanent Account Number (copy of PAN :
Card to be enclosed)
10. Copy of audited Balance Sheet of the last :
three financial years duly examined and
certified by a Chartered Accountant.
11. Details of empanelment with any other :
SRRDA or Central/State government agency.
12.(i) Total number of professionals in the :
(a) organization
Management :
Senior :
Junior :
(b) Road and Bridge engineers :
Senior :
Junior :
(c) others :
Senior :
Junior :
12.(ii) Number of dedicated professionals proposed :
(a) for this woks
Management :
Senior :
Junior :
(b) Road and Bridge engineers :
Senior :
Junior :
(c) others :
Senior :
Junior :
* Senior means more than 10 years of experience
 SCHEDULE ‘B’
(Documentary proof to be enclosed)
1. Give Balance Sheet and turnover of last three financial years of Company
2. Information in following format.
Financial Status
Value of Consultancy Contracts
Sl. No. Year completed Total
Project Preparation Design
 SCHEDULE ‘C’
Format for Experience of Firm in Preparing DPR
Details of work done during last five years
Sl. Name of work Length of Bridge(m) Nature and brief Name Cost of Remarks
No. (ROB/RUB/Flyover) scope of of client consultancy
consultancy contract (Rs.
services In Lakh)
 SCHEDULE ‘D’
Information about key personnel including road construction engineer, bridge engineer, transportation
engineer, material specialist, Geotechnical specialist, hydraulic specialist, surveyor, quantity surveyor.

Sl. No. Field of Specialization No. of Persons

Brief Profile of Key Personnel

1. Name :

2. Date of Birth :

3. Educational Qualification :
(Proof of qualification to be enclosed)

4. Member of Professional Institutes :

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

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

7. Since when employed in the Company :

 CONTRACT AGREEMENT FOR CONSULTANCY SERVICES

This Agreement is made on the …………………………….. day of ……………….2023. between the

Governor, State of Assam acting through the Chief Engineer , PWD (Roads), Assam of Public Works
Department of Assam (Hereinafter called the “ Employer ” which expression shall unless excluded by or
repugnant to the context be deemed to include his successor in office and assign ) of the ONE PART And
…………………………………, a company incorporated under the companies Act 1956 and having its
registered office at …………………………………………….. (hereinafter called the said “Consultant” which
expression shall unless the context requires otherwise include its successors and assigns) OF THE OTHER
PART. WHEREAS the employer has invited the Consultant to provide consultancy services (Hereinafter
called the “services and fully described in terms of reference for consultancy appended as Appendix–I and
clarificatory letter nos. CE/STBR/II/30/2023-24/04 dated:- 16.11.2023 and collectively enclosed as appendix –
II AND WHEREAS the consultant has agreed to provide services on terms and conditions set forth in this
contract.

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

ARTICLE 1: GENERAL

1. General

1.1 For the purpose of agreement, the following expression shall have meaning hereby assigned to except
where the context otherwise requires:
a) Employer representative means Chief Engineer, PWD (Roads), Assam.
b) The Consultants representative for the purpose of the work shall mean the team leader Mr.
……………. or any one duly authorize by him on writing.
Date of start shall be reckoned as 2 day from the date of issue of notice to start or the actual date of
start of services whichever is earlier.
Words importing the singular shall also include the plural and vise-versa where the context so
requires.
The headings of marginal notes in this agreement shall not be deemed to be part thereof or of the
contract.
 ARTICLE 2 : SCOPE OF WORKS

2.1 Scope of Work

The consultant shall perform the services under this agreement in accordance with the Term of
Reference set forth in Appendix-I and clarificatory letters no CE/STBR/II/30/2023-
24/04 Dated:- 16.11.2023 and appended collectively as Appendix – II shall be deemed as part of this contract
agreement. In case of any conflict between the provisions mentioned in the Term of Reference and the
provision of the contract agreement, the decision of Employer shall be final and binding on the consultant.

ARTICLE 3 : TIME SCHEDULE

3.1 Time of Schedule

The consultants will commence the services as soon as possible but not later than 2 day after the
Employer has given to the consultant notice to proceed the services. Each stage of work will be completed as
per Schedule given.

SCHEDULED SERVICES
1. Submission of site plan and priliminary data -45 days from the date of start.
2. Submission of Draft Detailed Project Report -90 days from the date of start.
3. Submission of Final Detailed Project Report -180 days from the date of start.
. The article 3 is indicative and will be substituted as given in TOR.

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

PROGRESS OF WORK
3.3 If for any reason, which in the option of the employer’s representative does not entitled the consultant
to an extension of time or the rate of progress of the works of any section is, at any time, too slow to make it
impossible for the Consultant to complete the services by the prescribed time or extended time, the Employer
may notify the delay to the Consultant in writing and the Consultant shall thereupon, with the approval of the
Employer, which shall not be unreasonably withheld, takes such steps as are necessary to expedite progress so
as to complete the works or such sections by the prescribed time or extended time. The Consultant shall not be
entitled to any additional payment for taking such steps. Such extension shall be without prejudice to the right
of employees to terminate the contract.
 ARTICLE 4 : PAYMENTS OF REMUNERATION
Payment of Remuneration to the consultant shall be on the basis of actual measurement as per
accepted rates shown in Annexure –II
Payments of remuneration for the performance of all services related to his agreement shall amount to
Rs……………………………………. only and shall become payable in stage as mentioned below :

SCHEDULE OF PAYMENTS
Payment Schedule:
Payment schedule of the work will be as follows:
iv) Submission of preliminary report and survey data - 25% of the value of Consultancy service
v) Submission of Draft DPR for scrutiny - 25% of the value of Consultancy service
vi) On acceptance by the Department of final scrutinized DPR – 40% of the value of Consultancy
service

The balance 10% of the total value of the Consultancy Service will be released after start of the
construction work or 6(six) months after final acceptance of the DPR whichever is earlier. The Consultant will
submit bills as per above schedule to the concerned Executive Engineer. The Executive Engineer will verify
the bills and make arrangement for payment. The rates are inclusive of all taxes etc. The Consultants shall pay
the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted laws during
life of this agreement and the Client shall perform such duties in regard to the deduction of such tax as may be
lawfully imposed
Any under prepared, incomplete/inadequate or part submitted shall be deemed as valid submitted. The
adequacy of the submittal shall be determined at the sole discretion of client. Client will generally accord
approval within 2 to 3 weeks of submission of preliminary/final report.

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

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

b) Except as the employer may otherwise agree, no changes shall be made in the personnel. If for any reason
beyond the reasonable control of the consultant it becomes necessary to replace any of the personnel, the
consultant shall forth with provide as replacement, person of equivalent or better qualifications after obtaining
prior approval of Employer.

c) In the event that any persons of Consultant found by the Employer to be incompetent in discharging his
assigned duties, the employer may request the Consultant to forthwith provide as replacement a person with
qualification and experience acceptable to the Employers. The consultant shall bear all additional costs arising
out of or incidental to any replacement.
5.2 Except where otherwise provided else where in the Contract, the Consultant shall not assign or sublet the
services or any part thereof nor engage any independent consultant or sub - contractor to perform any part of
the service without prior written consent of the Employer. In the event of sub-contracting between the
Consultant and other relating to the services and any proposed amendment hereof in detail for approval of
Employer.

5.3 The approval of the Employer to the arrangement of any part of the contract or to the engagement by the
Consultant of an independent Consultant or sub-contractor to perform any part of the services shall not relieve
the Consultant of any its obligations under the contract.

5.4 The Consultant shall establish local office at the State H.Q., Guwahati within 7 (seven) days from the date
of issue of notice to proceed with work and intimate the employer name, address, e-mail add, telephone no. ,
mobile no. , of the authorized representative of the consultant who shall be the contact person as and when
required.

5.5 Authorized Representative

Any action required or permitted to be taken, and any document required or permitted to be executed,
under this contract, may be taken or executed on behalf of the Consultant by the Team leader or his designated
representative and on behalf of the Employer by the Executive Engineers of the concerned Divisions.

5.6 Notice of Requests

Any notice or request required or permitted to be given or made under this contract shall be in writing.
Such notice or request shall be deemed to be duly given or made when it shall have been sent/ mailed by
registered post or hand delivered, telex or cabled to at such other address as either party may specify in
writing.
For the Employer :
Name : Er. S. Shyam , Chief Engineer, PWD (Roads) Assam
Address : O/o The Chief Engineer, PWD(Roads), Assam, Chandmari, Guwahati -3
Fax : 0361-2660774 Telephone : 0361-2660079 Email id : as-guw2 @ nic.in

For the Consultant :

Name :
Address :
Firm Registration No:
Telephone :
Service Tax Registration no.
Bank Details :
Name of the Bank :
A/C no. IFSC no.
RTGS no.
Fax:
Email I.D.:

ARTICLE 6 : CONSULTANT’S RESPONSIBILITIES

6.1 The Consultant shall carry out the services with the due diligence and efficiency and in conformity with
sound engineering, administrative and financial practices. He shall execute and complete the work in all
respect to the satisfaction of the employer and do all other things required to be done for such execution and
completion.

6.2. The Consultant shall act all times so as to protect the interest of the Employer and will take all reasonable
steps to keep all expenses to the minimum consistent with sound economic and engineering practices.

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

6.4. Quality Assurance

The Consultant shall prepare an in-house quality assurance plan for the “Services” and get it approved form
the Employer so as to ensure satisfactory quality of the consultancy services in conformity with assigned
Terms of Reference. The Consultant shall ensure to the satisfaction of the Employer that quality assurance is
duly exercised within their organization. The empanelment is subjected to satisfactory and professional
performance by the consultants. The consultant engaged for a particular DPR shall, under the agreement with
the Department, be fully responsible for the accuracy of data, analysis, design and BOQ of the project report.
In case of deficiencies found in the performance of consultants during execution of works or otherwise,
suitable corrective and deterrent actions may be taken by the Employer.

6.5 The Consultant shall ensure that the specifications and design and all documents relating to the project are
prepared on an impartial basis and no particular product or company or trade name is given advantage. The
remuneration of the consultant charged to the Employer according to this agreement shall constitute his only
remuneration in connection with the agreement and neither he nor his personnel shall accept any trade
commission, discount, Allowance or any other considerations in connection with or in relation the Agreement
or to the discharge of his obligations there under. The Consultant shall not have the benefit either directly or
indirectly of any royalty or of any gratitude or commission in respect of any patented or protected article or
process used on or for the purpose of the Agreement unless it is mutually agreed in writing that he may do so.
6.6 The Consultant shall promptly furnish to the Employer such information relating to the services and the
project as the Employer may form time to time reasonably request.

6.7 Indemnifications The Consultant agrees to indemnify, protect and defend at his own expenses the
Employer and their agents from and again all actions, claims and liabilities arising out of acts done by the
consultants or the Personnel in the performance of this Contract including the use or violation of any copyright
works of literacy or intellectual property or patented invention, article or appliance.

6.8 Confidentiality Except with the prior written consent of the Employer, the Consultant and the Personnel
shall not any time communicate to any person or entity any confidential information disclosed to them for the
purpose of any Services or discovered by them in the course of the Services, nor shall be Consultant or his
personnel make public any information as to their recommendations formulated in the course of or as a result
of the Services.

6.9 Prohibition on Association The Consultant agrees that during and after the conclusion or termination of
this Contract’s the Consultant limits its role under the Project to the Provision of the Services and hereby
disqualifies itself and other contractor, consulting engineer or manufacturer with which the Consultant is
associated or affiliated from the Provision of goods or services in any capacity for the Project including
bidding for any part of the Project except as Employer may otherwise expressly agree.

6.10 Prohibition on Conflicting Activities No member of the personnel assigned to the contract shall engage
directly or indirectly, either in his name or through Consultant, in any other business or professional activities
other than the performance of his duties or assignment under this Agreement.

6.11 Proprietary Right of the Employer in Equipment :

a) Equipment supplied by the Employer for the Project shall remain at all times the property of the
Employer and shall be returned by the consultant in accordance with procedures to be determined by the
Employer.

b) Equipment including computers and peripherals and vehicles purchased by the employer or by the
consultant for the Employer for the purposes of the project shall be the property of the Employer.

6.12 Interim/Final versions of the design/ report submitted to the Employer in all respects and relevant data
such as maps, diagrams, plans, statistics and supporting records or material compiled or prepared in the course
of the Services shall be confidential and shall be the absolute property of the employer. The Consultant shall
sort out and index all such material and deliver all these materials to the Employer upon completion of this
Contract. The Consultant may retain a copy of such data but shall not use the same or purposes unrelated to
this Contract without prior written approval of the Employer.

6.13. Insurance :

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

b) The Employer undertakes no responsibility in respect of any life, health, accident, travel and other insurance
which may be necessary or desirable for the personnel of or sub contractors and specialist associated with the
Consultants for the purposes of the services nor for such members of the family of any such person.

6.14. Review of Progress : The consultant shall be required to attend the office of the Employer to review
progress and receive instructions as and when required by the Employer at his own costs which will not
normally be more than twice in a month.

6.15 The Consultant shall be responsible for any inaccuracy/omission in data used for the services (e.g. field
levels for detailed engineering if any errors are noticed, e.g. at the time of setting out of project), the consultant
shall verify the same at his risk and cost including preparation of fresh drawings/records as called for.

ARTICLE 7: EMPLOYER’S RESPONSIBILITY

7.1 The Employer shall be fully authorized to give clearance to all reports and make payments for the services
and facilities as detailed in Terms of Reference.

7.2 Employer shall ensure payments to the Consultant within one month of the due date of payments as per
schedule of payments (Article 4) to confirm to T.O.R. and the Minutes of Contract negotiation if any. In the
event of delay in payment beyond the period, the consultant shall be entitled to claim of 5 (Five) percent
interest per annum for this period beyond one month from the date the payment became due.

7.3 The Employer, while giving extension of time, shall also issue a variation order stating the reasons for
extension and the amount which the Consultant will be entitled to on account of extension.
 ARTICLE 8 : VARIATIONS
8.1 The contract may be varied by agreement between the parties. All such variations, including variations in
scope in the time and cost estimate shall be in writing signed by the duly authorized representatives of the
parties. Variations, which are natural extension of services or are essential for completion of services, shall not
be refused by the Consultant.

8.2 The Consultant wherever required shall submit a detailed break-up of cost of the contract amounts into
various components of the work from the start of the work and the variations shall be priced on the basis of
this break-up.
8.3 Should the amount of extra or additional work of any kind or any cause of delay referred to in these
conditions, or exceptional adverse climatic conditions, or other special circumstances of any kind whatsoever
which may occur, other than through a default of the Consultant to an extension of time for the completion of
the works, the Employer on application from the Consultant determine the amount of such extension and shall
notify the consultant accordingly provided that the Employer is not around to take into account any extra or
additional work or other special circumstances unless the consultant has within 7 (seven) days after such work
has been commenced, or such circumstances have arisen, or as soon thereafter as is practicable, submitted to
the Employer’s Representative full and detailed particulars of any extension of time to which he may consider
himself entitled in order that such submission may be investigated at that time.

ARTICLE 9 : GENERAL PROVISIONS

9.1 Suspension
If any of the following events shall have happened and be continuing, the Client may by written notice to the
consultant suspend in full or in part payments to the consultant under the Contract:

A default shall have occurred in the extension of the terms under the Contract on the part of the consultant.
Any other condition, which has arisen while, in the reasonable opinion of the client, interferes, or threatens to
interfere, with the successful carrying out of the project or the accomplishment of the purposes of the Contract.

9.2 SETTLEMENT OF DISPUTES

a) Amicable Settlement
The parties shall use their best efforts to settle amicably all disputes arising out of or in connection
with this agreement or the interpretation thereof.

b) Amicable Settlement
Any dispute between the Parties as to matters as to matters arising pursuant to this agreement, which
 cannot be settled amicably within 30(thirty) days after receipt, by one party or the other parties,
request for such amicable settlement may be submitted by either Party for settlement in accordance
with the provisions specified in clause (c) hereof.

c) Any dispute or difference of any kind whatsoever shall arise in connection with or out of this contract
and which is not amicably settled between Consultant and the agency as per provisions of Clause (b)
of the agreement the same shall be referred for settlement to the Adjudicator in the person of the
Secretary (or the Head) of the Nodal Department of the State Govt. within fourteen days of arising
such disputes. The Adjudicator shall give a decision in writing within 28 (twenty eight) days of receipt
of a notification of dispute. Performance under the Contract shall continue not withstanding the
reference to the Adjudicator.

d) Any Party not satisfied with the decision of the Adjudicator shall be free to refer the case for
arbitration under the provision of The Arbitration and Reconciliation Act 1996 within 30 (thirty) days.
If neither Party prefers the dispute to Arbitration within the above 30 (thirty) days, the Adjudicator’s
decision will be final and binding.

e) Except where the decision has become final, binding and conclusive in terms of sub Clause (d) above,
the dispute or difference shall be referred for Adjudication or Arbitration by a sole Arbitrator
appointed by the Secretary (or the Head) of the Nodal Department of the State Government.

f) It is the term of this Contract that the Party invoking arbitration shall give a list of dispute with amount
claim in respects of each such dispute along with notice for the appointment of arbitration and giving
reference to the rejection by the adjudicator.

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

9.3 Miscellaneous
In any arbitration proceeding hereunder:
a) Proceeding shall, unless otherwise agreed by the Parties, be held in the State Capita.
b) The English Language shall be the Official Language for all purpose; and
c) The decision of the arbitrator shall be enforceable in any Court of Competent jurisdiction, and the
Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

9.4 Jurisdiction
The Contract has been entered into the state of [ ______________ ASSAM ____________________]
 and its Validity, Construction, Interpretation and legal effect shall be to the exclusive jurisdiction of
the Court in [ ___________________ GUWAHATI __________________________] or of the Court
at the place where this Agreement is entered into. No other jurisdiction shall be applicable.

9.5 Force Majeure

a) If either party is temporarily unable by reason of force majeure or the laws or regulation of the Govt. of
India to meet any of its obligations under the Contract, and such party gives to the other party written notice of
the event within 14(fourteen) days after his occurrence, such obligations of the party as it is unable to perform
by reason of the event shall be suspended for as long as the inability continues.

b) Neither party shall be liable to the other party for loss or damage sustained by such other party arising from
any event referred to in Section 6.06 (a) or delays arising from such event.
c) The term “Force Majeure” as employed herein shall mean acts of God, strikes, lockouts or other industrial
disturbances acts of the public enemy, wars, blockades, insurrection, riots, epidemics, landslides, earthquakes,
storms, lightening, floods, washouts, civil disturbances, explosion and any other similar events, not within the
control of either party and which by the exercise of due diligence neither party is able to overcome.

ARTICLE 10 : COMPLETION
10.1 The contract shall become effective from the date of notice to proceed with the services and shall be in
full force until the services and all payments thereof have been completed and at such time a “Completion
Certificate” shall be issued by the Employer and the parties hereto shall be mutually released from all
obligations of providing further services, unless otherwise specified in this agreement.

IN WITNESS WHEREOF, the parties hereto through their duly authorized representatives have set
their hands and seal the day and the year first above written at ______________________________________
______________________________________________________.

SIGNED BY THE SAID ON BEHALF OF THE EMPLOYER

SIGNED BY

IN THE PRESENCE OF:

1.
2.
SIGNED BY THE AFORESAID CONSULTANT
UNDER THE COMMON SEAL OF __________
SIGNED BY
Affixed in pursuance of the provision of _______________________________________ Rule ___________
_____________________________________________ Rules of the articles of association and / or Resolution
resolved in the Extra / Ordinary General / Board Meeting of the Consultants held on ____________________
__________________________( whichever is applicable).

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

To
The Chief Engineer, P.W.D (Roads)
Assam, Chandmari, Guwahati-3.
(Please state the name of the work)

Sir,
In consideration of (the name of the employer) acting through ____________________________________
(hereinafter referred to as “Employer”) releasing advance payment amounting to ________________________
_____________________________________________ Amount* of advance to be stated) to M/s _________
______________________________________________ (hereinafter referred to as “Consultant”) in terms of
the provision of the contract dated ___________________ entered into by and between the Employer and the
Consultant (hereinafter referred to as “Contract”). On submission by the Consultant, a Bank Guarantee for an
Amount of ______________________________________ (same amount as that of advance) amount in
words) for a period of __________________ (please state period in months). We, the other particulars of
Bank) (hereinafter referred to as Bank), unconditionally and irrevocably guarantee, prior obligor and not
merely as surely, due payment to the Employer as undertake to pay immediately on demand without any
demuri an amount not exceeding ________________________ (please state the amount of Bank Guarantee)
(in words) ____________________________ into the account of the Employer as may be indicated in the
Demand letter.

1. We further agree that no change or addition to or other modification of the terms of the Agreement or of
works to the performed there under or of any of the agreement which may be made between the Employer and
the Consultant, shall in any way release us for any liability under this guarantee, and we hereby waive notice
of any such change, addition or modification.

2. The agreement shall remain valid and in full effect from the date of the advance loan payment the
Consultant under the Agreement until the Employer receives full payment under the terms of the contract as
well as under these presents from the Consultant.

3. Any demand made as such by the Employer to the Bank shall be conclusive evidence of Bank’s liability
hereunder and prior to make any demand, the Employer shall not be required to take any steps, exercise any
remedies against or give notice to the Consultant.

4. While the Guarantee continues, the Bank shall no exercise any rights to claim any sum from the
Consultant’s insolvency until full satisfaction of the Employer’s claim to the extent of the Bank’s liability
hereunder. The liability of the Bank under this Guarantee shall not be effected by any change in the
constitution of the Consultant or of the Bank. Notwithstanding anything contained hereinafter, our liability
under this bond is restricted to Rs. ______________________ (Rupees _______________________________
_______________________________) only and interest thereon at the rate of &** ____________________
for the period of delay in payment beyond 15 (fifteen) days from the date of receipt of demand by the
Employer. It will remain in force still*** ______________________________________ unless an action to
enforce a claim under this guarantee is filled, on or before ________________________________, all the
rights of the Employer under the said guarantee shall be forfeited and the Bank shall be relieved and
discharged from all liability there under.

*Same amount as that of Bank Guarantee in para 1 above. **Rate as applicable to the working capital loans by
the Central Govt. to be filled up. ***One month later than period mentioned in para 1 above.

IN WITNESS whereof we the Bank, through our authorized representative have executed and at our seal on
this ______________________ day of ____________________202__.

Signature of Authorized Representative(s) of the Bank

Witness:
1.
2.
 Form of Unconditional Bank Guarantee from Contractors for Performance Security.

To __________________________________________________[Name of Employer]
__________________________________________________[Address of Employer]

WHEREAS, ___________________________________________[Name and Address of Consultant]

(hereinafter called ‘the Consultant’) has undertaken, in pursuance of Contract No. __________________dated
to execute ________________________________[Name of Contract and brief description of works]
(hereinafter called “the Contract”);

AND WHEREAS it has been stipulated by you in the said Contract that the Consultant shall furnish you with a
Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his
obligations in accordance with the contract;

AND WHEREAS we have agreed to give the Consultant such a bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantee and responsible to you, on behalf of the
Consultant up to a total of _____________________________[amount of guarantee]1 ________________ [in
words], such sum being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum
or sums within the limits of _________________________ [amount of guarantee] as aforesaid without your
needing to prove or show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessary of your demanding the said debt from the Consultant before presenting us with
the demand.

We further agree that no change or addition to or other modification of the terms of the contract or of the
works to be performed there under or of the Contract documents which may be made between you and the
Consultant shall in any way release us from any liability under this guarantee, and we hereby waive notice of
any such change, addition or modification.

This guarantee shall be valid until 180 days.

Signature and Seal of the Guarantor : _________________________________

Name of Bank : __________________________________________________

Address : ________________________________________________________

Date : ________________________

1. An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract including additional security for unbalance Bids, if any and denominated in Indian Rupees.
 APPENDIX-II

Name of work: EXPRESSION OF INTEREST AND FINANCIAL PROPOSAL FOR EMPANELMENT AND
ENGAGEMENT OF CONSULTANTS FOR PROVIDING CONSULTANCY SERVICES FOR PREPARATION OF
DETAILED PROJECT REPORT (DPR) FOR CONSTRUCTION OF 2 LANE FLYOVER FROM NH-31C TO
GOSSAIGAON CIVIL SUB-DIVISION AT HABRUBIL IN KOKRAJHAT DISTRICT.

Payment schedule of the work will be as follows:

Submission of preliminary report and survey data 25% of the value of Consultancy service
Submission of Draft DPR for scrutiny 25% of the value of Consultancy service
On acceptance by the Department of final scrutinized 40% of the value of Consultancy service
DPR
after start of the construction work or 6(six) months balance 10% of the total value of the Consultancy
after final acceptance of the DPR whichever is earlier Service

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