RFP11
RFP11
RFP11
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Name of Assignment
No
Consultancy services for preparation of DPR for the work for Providing Junction
Improvement works under SURAKSHA-75 in arterial and sub arterial roads at Tin
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Factory, Marathalli, KR Puram, b Channasandra Bridge, Benniganahalli KR Puram
Junction, Doddanakundi Junction & Varthurkodi in Mahadevapura zone.
EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE – ROAD INFRA DIVISION
BRUHAT BANGALORE MAHANAGAR PALIKE.
N.R.SQUARE, BANGALORE - 560002
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CONTENTS
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BRUHAT BENGALURU MAHANAGARA PALIKE
No: EE /RI/Road Infra Division/TEND/01/ 2023-24 O/o Executive Engineer
RI- Road Infra Division
N.R Square, Bengaluru – 560 002
Dated: 19.02.2024
Short Term Notification
INVITATION FOR TENDERS (IFT)
(Two Cover System)
(Through GOK ,http://kppp.karnataka.gov.in Portal Only)
1. Executive Engineer (Road Infrastructure - Road Infra Division), BBMP invites Bids on behalf
of the Commissioner, Bruhat Bengaluru Mahanagara Palike for the following services from
reputed Consultants.
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Improvement works under SURAKSHA-75 in
arterial and sub arterial roads at Bannerghatta
Road-BDA 80 Feet Road, Bannerghatta Road,
Arekere Road, Kudlu Gate City bus stop
junction & Sarakki in Bommanahalli Zone.
11 Consultancy services for preparation of DPR 900.00 22,500
for the work for Providing Junction
Improvement works under SURAKSHA-75 in
arterial and sub arterial roads at Tin Factory,
Marathalli, KR Puram, b Channasandra Bridge,
Benniganahalli KR Puram Junction,
Doddanakundi Junction & Varthurkodi in
Mahadevapura zone.
12 Consultancy services for preparation of DPR 950.00 23,750
for the work for Providing Junction
Improvement works under SURAKSHA-75 in
arterial and sub arterial roads at Kundahalli
junction, Mahadevapura, Outer Ring Road
Embassy tech village intersection
subramanyaswamy temple, sarajapura signal,
next to iblur lake & Bagmane Tech Park
junction in Mahadevapura zone.
13 Consultancy services for preparation of DPR 600.00 15,000
for the work for Providing Junction
Improvement works under SURAKSHA-75 in
arterial and sub arterial roads at Summanhalli
junction, Kengeri bus Terminal junction nice
road Kengeri Road Junction & Jayanna circle at
Kenchanahalli Road In RR Nagar Zone.
14 Consultancy services for preparation of DPR 700.00 17,500
for the work for Providing Junction
Improvement works under SURAKSHA-75 in
arterial and sub arterial roads at Srigandha kaval
Junction, Gorguntepalya junction, BEL Cirlce
& Nagarbhavi junction (ORR+Mysore Road) in
RR Nagar Zone.
15 Consultancy services for preparation of DPR 600.00 15,000
for the work for Providing Junction
Improvement works under SURAKSHA-75 in
arterial and sub arterial roads at 8th mile circle,
Nagasandra MS Junction Jalahalli Cross Road,
Tumkur & Dasarahalli MS Junction in
Dasarahalli Zone.
2. The RFP is open to all consultants in the platform. The detailed RFP with the Bid document
can be downloaded from the http://kppp.karnataka.gov.in portal.
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3. Request for Proposal (RFP) Document may be downloaded from the Government of
Karnataka KPP Portal. Website . http://kppp.karnataka.gov.in from 23.02.2024 under
login for Contractors. After login to Contractors, please scroll down to the right side bottom
to see List of Tenders, please click there to find the Details of Letter of Invitation and
download copy of the RFP Document. The RFP Document can be downloaded in the Portal
as per the prescribed Date and Time published in the Portal. Only interested Consultants
who wish to participate shall remit online Transaction Fee for the RFP Document after
registering in the Portal. The Transaction Fee is non refundable.
4. Proposals must be accompanied by Earnest Money Deposit which should be paid online
through KPP portal using any of the following payment modes: Credit Card, Direct Debit,
National Electronic Fund Transfer (NEFT), Over the Counter (OTC).
5. Proposals must be electronically submitted (on-line through internet) within the date and
time published in KPP portal. Technical Proposals of the RFP Document will be opened at
prescribed time and date in the KPP portal, in the presence of the Tenderers who wish to
attend at the Office of the Executive Engineer, Road Infrastructure, Road Infra Division,
Annex Building No.3, Room no 307, N. R. Square, Bengaluru-560002.
6. Pre Bid meeting will be held at the office of the Engineer In Chief, BBMP, 1st floor, Annex
Building-2, N.R.Square, Bengaluru-560 002 on 23.02.2024 at 16.00 hrs.
7. The last date for submission of completed documents is 27.02.2024 before 3 PM hrs.
Essential Conditions:
1. For details, registration and e-payment visit GOK KPP website
http://kppp.karnataka.gov.in or contact KPPP Helpdesk at 080 –
22485867 / 22485927.
2. For those Tenderers whose Technical Bids do not satisfy the
Eligibility Criteria as mentioned above, their Financial Bids will not be
opened.
3. The Bruhat Bengaluru Mahanagara Palike reserves the right to accept
/ reject any or all the Tenders without assigning any reasons.
4. Black Listed Consultants / in Govt. / Quasi Govt. / Boards / BBMP etc.,
are not eligible to quote, if found such Tenders will be rejected.
5. The Tender will remain valid for 90 Days after the Deadline Date for Tender
Submission.
6. Further Details of the Work can be obtained from the Office of the
Executive Engineer, Road Infra Division - RI, Third Floor, Room
No.307, Annex Building – 3, BBMP Head Office premises, N.R Square,
Bengaluru - 02 till last date of submission.
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7. All the participants should produce all the original documents for
verification whenever necessary.
8. Before Opening of the tender all Tenderers shall submit a Certified
Copies (Either Certified by Gazetted Officer or Notarized by Govt
Notary) of required documents which are up loaded in KPPP portal.
9. Any Amendments to this notification will be published in the KPPP-portal only.
10. Conditional tenders will not be accepted.
Sd/-
Executive Engineer
RI-Road Infra Division
Bruhat Bengaluru Mahanagara Palike
1.Personnel section of Hon’ble Administrator, BBMP to bring into the notice of the Hon’ble
Administrator.
2. Hon’ble Chief Commissioner, BBMP for kind information.
3. Special Commissioner (Projects)/ Additional Commissioner (Projects)., BBMP
4. Engineer – in Chief BBMP for kind information.
5. Chief Engineer (Road Infrastructure)/Environment/Markets/South/West/East/Rajarajeshwari
Nagar/Bommanahalli/Dasarahalli/Mahadevapura/ ByatarayanapuraZones/SWD for kind
information.
6. Superintending Engineer (Road Infrastructure)/Rajarajeshwari Nagar/ Bommanahalli/Dasarahalli
/Mahadevapura /Byatarayanapura for kind information.
7. The CAO / Chief Auditor for kind information.
8. I.T. Advisor with a Request to publish the same in the BBMP Website.
9. All Executive Engineers with a Request to publish the same in the Notice Boards.
10. A.O (Projects) / Accounts Superintendent / Cashier for information and necessary action.
11. Public Relation Officer, BBMP to publish in two leading Newspapers in Kannada and English
and also to publish the same at National Level.
12. Notice board/ Office Copy.
Sd/-
Executive Engineer
Road Infrastructure, Road Infra Division
Bruhat Bengaluru Mahanagara Palike
Bengaluru
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SECTION 1. LETTER OF INVITATION
Dated:
Dear Sir,
Subject: Consultancy services for preparation of DPR for the work for Providing Junction
Improvement works under SURAKSHA-75 in arterial and sub arterial roads at Tin Factory,
Marathalli, KR Puram, b Channasandra Bridge, Benniganahalli KR Puram Junction,
Doddanakundi Junction & Varthurkodi in Mahadevapura zone.
You are hereby invited to submit Technical and Financial proposals required for the above consultancy
assignment, which could form the basis for future negotiations and ultimately a contract between your
firm and Bruhat Bengaluru Mahanagara Palike (BBMP) (here in after referred to as Client).
1. INTRODUCTION
1.1 The Client named in the “Data Sheet” will select a firm among those listed in the Letter of
Invitation, in accordance with the method of selection indicated in the Data Sheet.
1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, as
specified in the Data Sheet (the Proposal) for consulting services required for the Assignment
named in the Data Sheet. The Proposal will be the basis for contract negotiations and
ultimately for a signed contract with the selected Consultant.
1.3 The Assignment shall be implemented in accordance with the phasing indicated in the Data
Sheet. When the Assignment includes several phases, the performance of the consultant under
each phase must be to the client’s satisfaction before work begins on the next phase.
1.4 The Consultants must familiarize themselves with local conditions and take them into account
in preparing their Proposals. To obtain first-hand information on the Assignment and on the
local conditions, consultants are encouraged to pay a visit to the Client 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-proposal conference. Consultants should ensure that these officials are
advised of the visit in adequate time to allow them to make appropriate arrangements.
1.5 The Client will provide the inputs specified in the Data Sheet, assist the firm in obtaining
licenses and permits needed to carry out the services, and make available relevant project data
and reports.
1.6 Please note that (i) the costs of preparing the proposal and of negotiating the contract,
including a visit to the Client, are not reimbursable as a direct cost of the Assignment; and (ii)
the Client is not bound to accept any of the Proposals submitted.
1.7.1 Without limitation on the generality of this rule, consultants shall not be hired under
the circumstances set forth below:
(a) A firm which has been engaged by the Client to provide goods or works for a
project, and any of their affiliates, shall be disqualified from providing consulting
services for the same project. Conversely, firms hired to provide consulting
services for the preparation or implementation of a project, and any of their
affiliates, shall be disqualified from subsequently providing goods or works or
services related to the initial assignment (other than a continuation of the firm’s
earlier consulting services) for the same project.
(b) This Information to Consultants section shall not be modified. Any necessary
changes, to address specific project issues, shall be introduced only through
the Data Sheet (e.g., by adding new clauses). Likewise, modifications to the
standard Form of Contract should be made only by including clauses outlining
the Special Conditions and not by introducing changes in the wording of the
General Conditions.
(c) Consultants or any of their affiliates shall not be hired for any assignment which,
by its nature, may be in conflict with another assignment of the consultants.
1.7.2 As pointed out in para. 1.7.1 (a) above, consultants may be hired for downstream
work, when continuity is essential, in which case this possibility shall be indicated in
the Data Sheet and the factors used for the selection of the consultant should take the
likelihood of continuation into account. It will be the exclusive decision of the Client
whether or not to have the downstream assignment carried out, and if it is carried out,
which consultant will be hired for the purpose.
1.8 It is GOK’s/ BBMP’s policy to require that consultants observe the highest standard of ethics
during the execution of such contracts. In pursuance of this policy, the GOK/ BBMP:
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(b) will reject a proposal for award if it determines that the firm recommended for award
has engaged in corrupt or fraudulent activities 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 GOK-financed contract if it at any time determines that the firm has engaged
in corrupt or fraudulent practices in competing for, or in executing, a GOK-financed
contract; and
(d) will have the right to require that, GOK / BBMPto inspect consultant’s accounts and
records relating to the performance of the contract and to have them audited by
auditors appointed by GOK / BBMP.
1.9 Consultants shall not be under a declaration of ineligibility for corrupt and fraudulent practices
issued by GOK / BBMP in accordance with the above sub para 1.8 (d).
1.10 Consultants shall be aware of the provisions on fraud and corruption stated in the standard
2.1 Consultants may request a clarification of any item of the RFP document up to the number of
days indicated in the Data Sheet before the Proposal submission date. 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 cable, telex,
facsimile, or electronic mail to such requests and will send copies of the response (including
an explanation of the query but without identifying the source of inquiry) to all invited
consultants who intend to submit proposals.
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 sent by mail, cable, telex, facsimile, or electronic mail to all invited
consultants and will be binding on them. 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.
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) The firms having following minimum experience only will be considered for
qualification;
(a) The Consultants/Firms should have a minimum of 5 years of experience in the field of
consultancy and project management as prime consultant, no Joint venture/
Association/ Consortium allowed.
(b) Each tender in its name should have in the last Five years i.e., 2018-19 to 2023-24
Executed and completed successfully done the Detailed Project Report Assignment for
Similar nature of Work Value shall be not less than Rs.450.00 Lakhs each in any of
the Financial Year. In support of this, the Tenderer shall furnish a Certificate duly
certified by the Competent Authority of Rank not below the Executive Engineer along
with the Technical Bid.
(c) Achieved in each of the last two financial years a minimum Financial Turnover (in all
classes of Civil Engineering Consultation Works only) of Rs. 36.00 Lakhs. In
support of this, the Tenderer shall furnish the Audited Balance Sheet for the last five
(ii) For assignments on a staff-time basis, the estimated number of key professional
staff is given in the Data Sheet. The proposal shall, however, be based on the
number of key professional staff-months estimated by the firm.
(iii) It is desirable that the majority of the key professional staff proposed be permanent
employees of the firm or have an extended and stable working relation with it.
(iv) Proposed key professional staff must at a minimum have the experience indicated in
the Data Sheet.
(v) Alternative key professional staff shall not be proposed, and only one curriculum
vitae (CV) may be submitted for each position.
(vi) Reports to be issued by the consultants as part of this assignment must be in the
language(s) specified in the Data Sheet. It is desirable that the firm’s personnel
have a working knowledge of the Client’s official language.
3.4 The Technical Proposal should provide the following information using the attached Standard
Forms (Section 3):
(i) A brief description of the consultant’s organization and an outline of recent experience
on assignments (Section 3B) of a similar nature. For each assignment, the outline
should indicate, inter alia, the profiles and names of the staff provided, duration of the
assignment, contract amount, and firm’s involvement.
(ii) Any comments or suggestions on the Terms of Reference and on the data, a list of
services, and facilities to be provided by the Client (Section 3C).
(iii) A description of the methodology and work plan for performing the assignment
(Section 3D).
(iv) The list of the proposed staff team by specialty, the tasks that would be assigned to
each staff team member, and their timing (Section 3E).
(v) CVs recently signed by the proposed key professional staff and the authorized
representative submitting the proposal (Section 3F). Key information should include
number of years working for the firm/entity, and degree of responsibility held in
(vi) Estimates of the total staff effort (professional and support staff; staff time) to be
provided to carry out the Assignment, supported by bar chart diagrams showing the
time proposed for each key professional staff team member. (Sections 3E and 3G).
3.5 The Technical Proposal shall not include any financial information.
Financial Proposal
3.6 In preparing the Financial Proposal, consultants are expected to take into account the
requirements and conditions of the RFP documents. The Financial Proposal should follow
Standard Forms (Section 4). It lists all costs associated with the Assignment, including (a)
remuneration for staff , and (b) reimbursable such as subsistence (per diem, housing),
transportation (national and local, for mobilization and demobilization), services and
equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance, printing
of documents, surveys; and training, if it is a major component of the assignment. If
appropriate, these costs should be broken down by activity.
3.7 Consultants shall express the price of their services in Indian Rupees.
3.8 The Data Sheet indicates how long the proposals must remain valid after the submission date
(90 days from the date of submission). During this period, the consultant is expected to keep
available the key professional staff proposed for the assignment. The Client will make its best
effort to complete negotiations within this period. If the Client wishes to extend the validity
period of the proposals, the consultants who do not agree have the right not to extend the
validity of their proposals.
4.2 Downloading of tender documents, submission of proposal all will be through Government of
Karnataka KPP website http://kppp.karnataka.gov.in/eportal/index.seam under login
for Contractors. Consultants must get themselves registered, acquainted and trained on the
procedure of participating in e-procurement.
4.3 EMD
The consultants are requested to submit EMD as per Tender notification. The
Consultant can pay the Earnest Money Deposit (EMD) in the KPP portal using any of
the following payment modes:
Credit Card
Direct Debit
National Electronic Fund Transfer (NEFT)
Over the Counter (OTC)
The supplier/contractor’s bid will be evaluated only on confirmation of receipt of the payment (EMD)
in the Government of Karnataka central pooling a/c held at ICICI Bank
EMD amount will have to be submitted by the supplier/consultant taking into account the following
conditions:
a. EMD will be accepted only in the form of electronic cash (and not through Demand Draft or
Bank Guarantee) and will be maintained in the Govt.’s central pooling account at Axis Bank
until the contract is closed.
b. The entire EMD amount for a particular tender has to be paid in a single transaction. It is
responsibility of Consultants to ensure that payment through NEFT reaches Payment to
Government of Karnataka Bank before Bid submission date and time, through online payment.
In case of OTC Payment , the DD to be drawn in favor of “KPP, Government of Karnataka “
and submit to Axis Bank before bid submission time and up date the transaction reference in
KPP portal .
For details on e-Payment services refer to KPP portal for more details on the process.
4.4 The original Proposal (Technical Proposal and Financial Proposal; see para 1.2) shall be prepared
as per RFP document.
4.5 An authorized representative of the Consultant initials all pages of the Proposal along with seal.
The representative’s authorization is confirmed by a written power of attorney accompanying the
Proposal.
4.6 The Bidder shall submit the bids separately i.e., “Technical” and “Financial” electronically
online in KPP portal.
4.7 Tenderer has all the time to modify and correct or upload any relevant document in the portal
before submission on KPP portal.
4.8 The last date and time including hours, minutes and seconds for submission will be mentioned in
the KPP portal, the bid will disappear automatically immediately after the time of submission is
elapsed.
4.9 After the deadline for submission of proposals, the Technical Proposal shall be opened by the
evaluation committee and evaluation will be done. The bidders who are technically qualified will
be intimated and the Financial Proposal of only qualified bidders will be opened in presence of the
bidders who choose to attend.
5. PROPOSAL EVALUATION
General
5.1 From the time the proposals are opened to the time the contract is awarded, if any consultant
wishes to contact the Client on any matter related to its proposal, it should do so in writing at
the address indicated in the Data Sheet. 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 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation, including its approval by competent authority is obtained
5.3 The evaluation committee appointed by the Client as a whole, and each of its members
individually evaluates the proposals on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria, sub-criteria (typically not more than three per
criteria) and point system specified in the Data Sheet. Each responsive proposal will be given a
technical score (St). A proposal shall be rejected at this stage if it does not respond to
important aspects of the Terms of Reference or if it fails to achieve the minimum technical
score indicated in the Data Sheet.
5.4 After the evaluation of quality is completed, the Client shall notify those consultants that have
secured the minimum qualifying mark, indicating the date and time set for opening the
Financial Proposals. The opening date shall not be sooner than one week after the notification
date. The notification may be sent by registered letter, cable, telex, facsimile, or electronic
mail.
5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the quality scores, and the
proposed prices shall be read aloud and recorded when the Financial Proposals are opened.
The Client shall prepare minutes of the public opening.
5.6 The evaluation committee will determine whether the Financial Proposals are complete, (i.e.,
whether they have costed all items of the corresponding Technical Proposals, if not, the Client
will cost them and add their cost to the initial price), correct any computational errors.
5.7 The Client will select the lowest proposal (‘evaluated’ price). The selected
Consultant will be invited for negotiations.
6. NEGOTIATIONS
6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to reach
agreement on all points and sign a contract.
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed methodology
(work plan), staffing and any suggestions made by the firm to improve the Terms of
Reference. The Client and Consultant will then work out final Terms of Reference, staffing,
and bar charts indicating activities, staff, periods in the field and in the home office, staff-
months, logistics, and reporting. The agreed work plan and final Terms of Reference will then
be incorporated in the “Description of Services” and form part of the contract. Special
attention will be paid to getting the most the Consultant can offer within the available budget
and to clearly defining the inputs required from the Client to ensure satisfactory
6.3 Unless there are exceptional reasons, the financial negotiations will involve neither the
remuneration rates for staff (no breakdown of fees) nor other proposed unit rates.
6.4 Having selected the Consultant on the basis of, among other things, an evaluation of proposed
key professional staff, the Client expects to negotiate a contract on the basis of the experts
named in the Proposal. Before contract negotiations, the Client will require assurances that the
experts will be actually available. The Client will not consider substitutions during contract
negotiations unless both parties agree that undue delay in the selection process makes such
substitution unavoidable or that such changes are critical to meet the objectives of the
assignment. If this is not the case and if it is established that key staff was offered in the
proposal without confirming their availability, the Consultant may be disqualified.
6.5 The negotiations will conclude with a review of the draft form of the contract. To complete
negotiations the Client and the Consultant will initial the agreed contract. If negotiations fail,
the Client will invite the firm who has quoted the second lowest price for negotiations. The
process will be repeated till an agreed contract is concluded.
7. AWARD OF CONTRACT
7.1 The contract will be awarded following negotiations. After negotiations are completed, the
Client will promptly notify unsuccessful consultants who did not pass the technical evaluation
(para 5.3)
7.2 The Consultant is expected to commence the Assignment on the date and at the location
specified in the Data Sheet.
8. CONFIDENTIALITY
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 Consultant has been notified that it has
been awarded the contract.
9. Performance Security
9.1 Within 7 days of Receipt of the Letter of Acceptance, the Successful Consultant shall
deliver to the Employer a Security Deposit in any of the forms given below for an
Amount equivalent to 5% of the Contract Price.
Banker’s Cheque/ Demand Draft / Pay Order in favour of “The Commissioner”,
Bruhat Bengaluru Mahanagara Palike, Bengaluru payable at Bengaluru or
A Bank Guarantee in the Form given in Appendix F.
Fixed Deposit Receipt (FDR) pledged in the name of “The Commissioner”, Bruhat
Bengaluru Mahanagara Palike, Bengaluru.
9.2 If the Security Deposit is provided by the Successful Tenderer in the form of a Bank
Guarantee, it shall be issued either by a Nationalized / Scheduled Bank.
9.3 The Security Deposit if furnished in Demand Draft can, if requested, be converted to
Interest Bearing Securities at the Cost of the Consultant.
9.4 Failure of the Successful Consultant to comply with the Requirements of Sub Clause
9.1 shall constitute Sufficient Grounds for Cancellation of the Award and Forfeiture of
the Earnest Money Deposit.
DATA SHEET
Information to Consultants
Clause
Reference
1.2 Consultancy services for preparation of DPR for the work for Providing Junction
Improvement works under SURAKSHA-75 in arterial and sub arterial roads at
Tin Factory, Marathalli, KR Puram, b Channasandra Bridge, Benniganahalli KR
Puram Junction, Doddanakundi Junction & Varthurkodi in Mahadevapura zone.
No inputs will be provided by the client except for available relevant data and reports
1.6 The Client envisages the need for continuity for downstream work: No
1.7 The clauses on fraud and corruption in the contract are Sub-Clause 2.7.1 of G.C.C.
1.8 Clarifications may be requested up to seven days before the submission date.
2.0 (i) Shortlisted Consultant may associate with other shortlisted Consultant: No
(ii)The estimated number of key professional staff months required for the assignment
is: 6 Nos.
(iii) Key personnel for the study shall include minimum but not limited to the following.
(However, additional man months as required can be considered by the consultants as
required based specified requirements )
(1) Team Leader - 1 No.
(2) Architect/Landscape Expert - 1 No
(3) Urban Planner - 1 No.
(4) Highway Engineer -1 No
(5) Quantity and Contracts expert - 6 No.
(6) Lab Assistant/ Draftman - 1 No
1. Team Leader: This is the senior most position and the expert engaged as the team
leader shall be responsible for Investigation, Preparation of Detailed Project Report,
Preparation of Tender documents, and Tender Assistance. This position requires
Senior Engineer who shall be a graduate in civil engineering and post graduate in
Highway/Transportation Engineering having minimum experience of 10 yearsand
should have experience in preparing DPR for road projects. Should have been a
team leader for at least one similar project.
4. Quantity and Contracts expert and Highway Engineer :-The staff proposed
for this position shall be responsible for preparing bill of quantities, deriving unit
rates, preparing cost estimates, tender documents, technical specifications, etc. This
position requires Senior Engineer who shall have graduate degree in civil
engineering with minimum experience of 08 years and should have experience in
preparing BOQ, Cost estimates, tender documents in at least two highway projects
in last 5 years
Reports which are part of the assignment must be written in the following language:
English
- Training is an important feature is this Assignment : No
2.2 Proposals must remain valid 90 days after the submission date
i.e. until: 90 days from the last date of submission
2.5 Proposals must be submitted within the date and time stipulated in
http://kppp.karnataka.gov.in/index.seam
a) Each tender in its name should have in the last Five years i.e., 2018-19 to
2023-24 Executed and completed successfully done the Detailed Project
Report Assignment for similar nature of Work Value shall not be less
than Rs. 450.00 Lakhs each in any of the Financial Year. In support of
this, the Tenderer shall furnish a Certificate duly certified by the
Competent Authority of Rank not below the Executive Engineer along
with the Technical Bid (similar nature of work means Architectural
Landscape work, Public utility works, Layout formation, Community
centers etc)
b) Consultancy firm should have a minimum average turnover of Rs. 18.00 lakhs
in the last two years. Proof of I.T. returns and balance sheet to be enclosed duly
certified by the chartered accountant
The number of points to be given under each of the evaluation criteria are:
Points
(i) Specific experience of the consultants related to the Assignment 05
(iii) Qualifications and competence of the key professional staff For the Assignment 60
10 - marks for team leader
09 - marks for Architectural Engineer
07 - marks for each Senior Highway
04 - marks for each Quantity Engineer
03 - mark for Draft man
The number of points to be given for qualifications and competence of the professional staff for the
assignment are:
Points
i. General qualifications 30
ii. Adequacy for the project 60
iii. Experience in region & language 10
3C. Comments and suggestions on the Terms of Reference and on data services, and facilities to be
provided by the Client.
3D. Description of the methodology and work plan for performing the assignment.
[Location, Date]
From: To:
Sir,
Subject: Consultancy services for preparation of DPR for the work for Providing Junction
Improvement works under SURAKSHA-75 in arterial and sub arterial roads at Tin
Factory, Marathalli, KR Puram, b Channasandra Bridge, Benniganahalli KR Puram
Junction, Doddanakundi Junction & Varthurkodi in Mahadevapura zone.
We, the undersigned, offer to provide the consulting services for the above in accordance with
your Request for Proposal dated [Date], and our Proposal. We are hereby submitting our Proposal,
which includes this Technical Proposal, and a Financial Proposal submitted under KPP website.
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 Signature:
Name and Title of Signatory:
Name of Firm:
Address:
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, was
legally contracted.
No of Staff:
No of Staff Months:
Duration of Assignment:
Name of the Client:
Article I. Address:
Article II. Start Date Article III. Completion Article IV. Approx.Value
(Month/Year): Date (Month/Year): of Services
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
CONSULTANT’S NAME:
1.
2.
3.
4.
2. Support Staff
1.
2.
3.
4.
Proposed Position:
____________________________________________________________________
Name of Staff:
____________________________________________________________________
Profession:
____________________________________________________________________
Date of Birth:
____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
Key Qualifications:
[ Give an outline of staff member's experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give
dates and locations. Use about half a page ]
_____________________________________________________________________
Education:
[ Summarise college/university and other specialised education of staff member, giving names of
schools, dates attended, and degrees obtained. Use about one quarter of a page. ]
_____________________________________________________________________
Employment Record:
[Starting with present position, list in reverse orderevery employment held. List all positionsheld by
staff membersince graduation, givingdates, names of employing organizations’, titles of positions held,
and locations ofassignments. Forexperience in lastten years, also give types of activities performedand
clientreferences. Whereappropriate. Use about three-quarters of a page.]
_____________________________________________________________________
Languages:
[For
each language indicate proficiency:excellent, good, fair, or poor; in speaking, reading, and writing]
____________________________________________________________________
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe
me, my qualifications, and my experience.
____________________________________________Date:____________________
I hereby give an undertaking to the effect that the above mentioned staff would be available for BBMP
during the period of consulting service.
____________________________________________Date:____________________
Sl.No. Name Position Reports Due/ Activities Months (in the form of a Bar Chart)
1 2 3 4 5 6 7 8 9 10 11 12 Number of
Months
1 Subtotal (1)
2 Subtotal (2)
3 Subtotal (3)
4 Subtotal (4)
Signature: _________________________________
(Authorised Representative)
Title: ____________________________________
Address: _________________________________
Item of Month wise program (in form of Bar Chart) ++ [ 1st, 2nd, etc. are month from the start of assignment)
Sl
Activity
No. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
(Work)
SECTION 4.
Ladies/Gentlemen:
Subject: Consultancy services for preparation of DPR for the work for Providing Junction
Improvement works under SURAKSHA-75 in arterial and sub arterial roads at Tin
Factory, Marathalli, KR Puram, b Channasandra Bridge, Benniganahalli KR Puram
Junction, Doddanakundi Junction & Varthurkodi in Mahadevapura zone.
We, The undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated [Date], and our Proposal (technical and Financial Proposals). Our
attached financial proposal is for the sum of [Amount in words and figures] inclusive of all
taxes but exclusive of service tax
Our financial proposal shall be binding upon us subject to the modifications resulting from
contract negotiations, up to expiration of the validity period of the Proposal. i.e., [Date].
We undertake that, in competing for (and, if the award is made to us. in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India namely
"Prevention of Corruption Act 1988".
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of the Consultant:
Address:
Amount
No Description
(Rupees)
I Remuneration for Key professional staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Surveys
TOTAL COST
(Including all taxes but excluding service tax)
Service Tax
Note: The ceiling cost of the consultancy is as shown in the Summary of Costs. Payments will be made
as per stipulations of the Special Conditions of Contract. The break-up of cost as given in formats 4C is
to facilitate assessment of reasonableness of costs and conducting negotiations in accordance with clause
6 of the Information to Consultants.
1.
2..
3.
4.
5.
6.
Sub-Total
TOTAL
SM = Staff Month
II. Support Staff
Amount( Rs )
Sl.
Position Name Staff Months ( Rs)
No
1
2
3
4
Total :
Ill Transportation *
Total:
Total:
V Office Rent
Total:
*Prepare details as appropriate for the consultancy assignment.
VI. Office Supplies, Utilities and Communication
Item*
No. Months Monthly Amount in
Rate. (Rs) (Rs)
1
2
3
TOTAL: ----------------------------
Total
Total
1. BACKGROUND
2. OBJECTIVES
1 OBJECTIVES
3.1 General
The Consultant shall perform all necessary planning, Engineering analysis, field investigations and related
works as described herein with due care and diligence to attain the objectives of the study. In the conduct
of his work, the Consultant shall contact the various departments for any additional information required
for the study in liaison with BBMP. The BBMP will provide the Consultant with available reports, data
and services appropriate to achieving the objectives of the study. The Consultant shall be however
responsible for the analysis and interpretation of all data received, undertake other studies to validate the
data and give conclusions and recommendations derived from this data.
The Consultant shall perform the principal services outlined below as a part of responsibility for
the preparation of Detailed Project Report. They shall provide the qualified professional staff with
relevant experience to carry out the assignment. The Services will include but not be limited to the
following:
3.2 Standards and Codes of Practices
All activities related to field studies, design and documentation shall be done as per the latest guidelines/
circulars of MoRTH and relevant publications of the Indian Roads Congress (IRC) and Bureau of Indian
Standards (BIS). For aspects not covered by IRC and BIS, international standard practices, such as,
British and American Standards may be adopted.
The Consultants, upon award of the Contract, may finalise this in consultation with BBMP and reflect the
same in the inception report. Consultant should also look at international best practices and try to adopt
them wherever there is scope for value addition.
III. Direction-wise Classified Traffic Volume Survey (All types of buses will be counted
separately) and Passenger Occupancy survey at all intersections. This survey will provide
information on section wise daily and peak hour traffic volume and composition on the corridors;
IV. Traffic Signal time and saturation flow survey at all signalised intersections for morning,
midday and evening peaks as well as off peak period.
V. Parking survey (on-street and off-street) would be carried out along the entire length of the
corridor to collect the details about parking accumulation and parking duration for peak period.
The parking demand assessment would enable to plan for providing alternate parking facility; and
VI. Pedestrian Survey at all major intersections for peak periods. Both along and across movements
will be counted to gauge the Intensity of pedestrian Traffic for provision of requisite pedestrian
facilities as well as minimizing pedestrian vehicular conflicts.
Detailed Survey
Topographic survey shall collect details of all important physical features along the Junction alignment.
These features affect the project proposals and should normally include buildings and structures,
monuments, burial grounds, cremation grounds, places of worship, railway lines, stream / river / canal,
water mains, severs, gas/ oil pipes, crossings, trees, plantations, utility services such as electric, and
telephone lines and poles, optical fibre cables (OFC) etc. The survey would cover the entire right-of-way
of the road on the adequate allowance for possible shifting of the central lines at some of the intersections
locations.
The information collected during reconnaissance and field surveys shall be shown on a strip plan so that
the proposed improvements can be appreciated and utility removals of each type etc. assessed and suitable
actions can be initiated. Separate strip plan for each of the services involved shall be prepared for
submission/coordination with the concerned agency.
The BBD survey shall not be carried out on badly damaged sections. Instead test pits shall be dug on each
section not exceeding 100m length to a depth of minimum 500mm below subgrade level. The pavement
layer types and thickness shall be recorded and tests shall be made on samples taken from the bottom of
the pit, Regular test pits as required by the BBD survey shall be dug at the edge of the road, so as to
record layer types and thickness in both carriageway and shoulder. Such test pits shall be located next to a
BBD test location. The interval of such test pits shall be 1 Km as specified by IRC: 81. which shall
include:
Atterberg Limits and Grain Size
In situ density and moisture content
Laboratory CBR (4 days soaked at three energy levels)
Swelling Index
Pavement Composition
The data concerning the pavement composition may be already available with the BBMP. However,
the consultants shall make trial pits to ascertain the pavement composition.
Consultant Page 36 of 64 Executive Engineer (RI Road Infra Division)
Consultants for Preparation of Detailed Project Report (DPR) inclusive of Bid
For each test pit, the following information shall be recorded: test pit reference (Identification
number, location): pavement composition (material type and thickness); and subgrade type (textural
classification) and condition (dry, wet)
Road and Pavement Condition Surveys
i) Detailed field studies shall be carried out to collect road and pavement surface conditions.
The data should generally cover: pavement condition (surface distress type and extent); shoulder
condition; embankment condition; and drainage condition
Pavement
. cracking (narrow and wide cracking), % of pavement area affected;
. raveling, % of pavement area affected;
. potholing, % of pavement area affected;
. edge break, length (m); and,
. rut depth, mm
Shoulder
. Paved: Same as for pavement
. Unpaved: material loss, rut depth and corrugation,
. Edge drop, mm
o The objective of the road and pavement condition surveys shall be to identify defects and sections
with similar characteristics. All defects shall be systematically referenced, recorded and
quantified for the purpose of determining the mode of rehabilitation.
o The pavement condition surveys shall be carried out using visual means. Supplemented by actual
measurements and in accordance with IRC 82, 37, and relevant codes.
o The shoulder and embankment conditions shall be evaluated by visual means and the
o existence of distress modes (cuts, erosion marks, failure, drops) and extent (none, moderate,
frequent and very frequent) of such distress manifestations would be recorded.
o For sections with severe distresses, additional investigations as appropriate shall be carried out
to determine the cause of such distresses.
3.8 Detailed Design of Roadway and Pavements, drainage and traffic furniture
3.8.1 General
The Consultants shall carryout detailed designs and prepare working drawings for the following:
o design of the pavement, paved shoulders, medians, sidewalk;
o prepare alignment plans and vertical profile
o designs for road furniture and road safety/traffic control features;
o drainage design showing location of road side drawings, inlets, kerbs, etc.
o cross drainage structures plan with drawings if changes required as per the
investigation conducted
Based on the traffic studies, and geotechnical investigations, the Consultant shall design white topping
/Bituminous Road for main carriageway and also recommend pavement type and crust thickness
necessary for other areas of project like, bus bays, parking areas footpaths, junctions, etc.,
Consultant Page 38 of 64 Executive Engineer (RI Road Infra Division)
Consultants for Preparation of Detailed Project Report (DPR) inclusive of Bid
i) Analyse all data collected and all available field survey data.
ii) Prepare designs for:
Roads and parking areas
Shoulder treatments
Junction improvements
Definition of geometric design criteria and typical cross sections. The need for no. of lanes shall
be determined based on projected traffic so that peak hour traffic on the road after 20 years of
service will flow at service level E (volume / capacity ratio less than 0.92).
New pavement design shall be in accordance with IRC codes including MOST / ADB addendum
expanding the design traffic range.
The requirements of bridge and CD works shall be identified and suitable GADs shall be
prepared with all structural designs as per relevant IRC standards, and typical drawings shall be
shown for the various types of CD works.
Detailed design of junctions shall be prepared for safe and efficient movement of vehicles.
Prepare plan for traffic signs and road-marking for the Junction;
Suggest traffic improvement measures along the proposed roads.
Develop traffic diversion plans, as necessary for during construction and after
implementation for the junction including traffic management plan in the influence area of
the junction as may become necessary
The existing trees and plants shall be retained to the extent possible. The consultant shall
endeavour to avoid cutting of trees for the improvement works as far as possible, however if it is
inevitable the consultant will identify trees required to be cut to implement the work and suitable
alternatives including transplantation shall be explored and the cost accordingly estimated.
The consultant shall prepare detailed estimate for lighting
The consultants shall provide appropriate plan for planting of trees at junctions. Planting
flowering plants and shrubs, planter strip and islands may also be suggested.
All details of utility lines should be captured in survey. Details of utilities to be shifted or relaid shall be
identified and the same shall be marked on the Drawings to enable submission to the respective utility
providers for further actions. All coordination and assistance required in this aspect shall be provided by
the consultant.
3.9 Cost Estimation
accuracy of plus/minus 10 percent of true cost. The base prices shall be based on updated
Schedule of rates applicable to Bangalore. Provision shall be made for items such as relocation of
utilities, contingencies, supervision and third party inspections etc. as per BBMP procedures.
The Consultant shall develop technical specifications for all the works including specifications for
materials and methods of work, including e.g. specifications for pavement sub-base, base and
surface materials, materials for structures, concrete and concrete mix materials. The Consultant
will take into account the Ministry of Surface Transport Road Works Specifications, make
modifications where appropriate, based on careful assessment of locally available materials and
will determine the technically acceptable and the most cost-effective technical specifications and
construction/improvement methods.
The Consultant shall identify current road user and road maintenance costs and shall produce
valid current estimates of such costs for the junction in its present and improved state.
Since the greatest element of measurable and quantifiable user benefits to be derived from the
improvement of the junction is derived from savings in vehicle operating costs, the Consultant
shall give particular attention to the development of valid current estimates of such costs. the
Consultant shall ensure that all individual factor unit costs (such as vehicle prices, interest rates,
tyres, fuel, crew wages, insurance, etc.) input into the model are derived from direct investigation
of present costs. (These inputs will have to be stated in the report).
The Consultant shall ensure that the individual parameters such as evenness, which are input into
the model to determine the different component cost of vehicle operations, shall be those that
apply to the individual design standard being evaluated. It is expected therefore, that where design
standards evaluated in the study have significantly different parameters they will be reflected in
the vehicle operating costs.
Residual value of the road structures at the end of the evaluation period may be estimated and
deducted from the construction costs, duly reduced to NPV.
The Consultant shall carefully describe in the reports all the data, assumptions, and parameters
used in developing estimates for current vehicle operating costs.
The Consultant shall undertake evaluation of the economic viability of the project for the twenty
(20) years following the completion of the rehabilitation of the Project Road. For this, the
economic costs of construction to the design standards proposed shall be compared with the
relevant level of economic user benefits arising from implementation of the project at that design
level. The level of design that results in the greatest net present value shall be determined as the
optimum design level. The net present value shall be calculated at a discount rate of 12%.
The above economic indicators shall be evaluated separately and the evaluation of each of the
above will indicate the viability of the Project Road.
The Consultant shall subject these key variables to a sensitivity analysis. The Consultant shall
also undertake sensitivity analysis on the results of the finally selected option. Benefits and
construction costs shall be varied by +/- 15 %, or at another level deemed appropriate for analysis
and agreed with BBMP, and the economic evaluation shall be carried out for both low and high
forecasts of traffic.
The consultant shall prepare a implementation strategy coming out with construction packages
and phases of implementation with practical timelines and milestones. The implementation
strategy must also include traffic diversion plans, rerouting of the traffic and phasing of the works
to ensure that least disturbance for the traffic and establishments shall be caused.
Best available current practices and construction methods in the world shall be studied and
recommended on these aspects. A presentation must be made to BBMP on this and obtain
approval for the implementation of modern construction methods.
3.10 Deliverables
Following Project Reports and Drawings are to submitted in four sets in hard copy and one soft copy in a
CD.
Road inventory such as details of carriage way, kerb, median, Foot path, Shoulder drain, Rain
water flow and Drains, Grating, Barricading, circle, Junction, islands, Public Statues, High
Mass Lights including service road.
Construction methods and commissioning schedule
Cost Estimates and BOQs
9 Disputes if any:
Dispute if any, between the client and the Consultant, the decision of the Commissioner, BBMP ,
Bangalore is final and binding on both the Client and Consultant
between
____________________________
[Name of Client]
and
____________________________
[Name of Consultants]
Dated :
I. FORM OF CONTRACT……………………………………………………………35
7. Settlement of Disputes..........................................................................................….44
IV.APPENDICES.
I. FORM OF CONTRACT
This CONTRACT (hereinafter called the "Contract") is made the _________ day of the month of
______________, 2016___ , between, on the one hand, ___________ (hereinafter called the "Client") and,
on the other hand, _______________(hereinafter called the "Consultants").
[*Note: If the Consultants consist of more than one entity, the above should be partially amended to read
as follows:
“......(hereinafter called the "Client") and, on the other hand, a joint venture consisting of the following
entities, each of which will be jointly and severally liable to the Client for all the Consultants' obligations
under this Contract, namely, ________________ and _______________________ (hereinafter called the
"Consultants.")”]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting 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,
and personnel and technical resources, have agreed to provide the Services on the terms and
conditions set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
[Note: If any of these Appendices are not used, the words "Not Used" should be inserted below next to
the title of the Appendix on the sheet attached hereto carrying the title of that Appendix.]
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.
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.
By
(Authorized Representative)
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatories, e.g., in the following manner:]
[Name of Member]
By
(Authorized Representative)
[Name of Member]
By
(Authorized Representative)
etc.
II. GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the
following meanings:
(a) "Applicable Law" means the laws and any other instruments having the force of law in India, as they
may be issued and in force from time to time;
(b) "Contract" means the Contract signed by the Parties, to which these General Conditions of Contract
(GC) are attached, together with all the documents listed in Clause 1 of such signed
Contract;
(c) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1
(d) “Contract Price” means the price to be paid for the performance of the Services, in
accordance with Clause 6;
(h) "Member", in case the Consultants consist of a joint venture of more than one entity, means any of
these entities, and "Members" means all of these entities; ‘Member in Charge’ means the
entity specified in the SC to act on their behalf in exercising all the Consultants’ rights
and obligations towards the Client under this Contract.
(i) "Party" means the Client or the Consultants, as the case may be, and Parties means both of them;
(j) "Personnel" means persons hired by the Consultants or by any Sub-consultant as employees
and assigned to the performance of the Services or any part thereof; and ‘key personnel’
means the personnel referred to in Clause GC4.2 (a)
(k) "SC" means the Special Conditions of Contract by which these General Conditions of
Contract may be amended or supplemented;
(l) "Services" means the work to be performed by the Consultants pursuant to this Contract as
described in Appendix A; and
(m) "Sub-consultant" means any entity to which the Consultants subcontract any part of the Services in
accordance with the provisions of Clauses 3.5 and 4.
(n) ‘Third party” means any person or entity other than the Government, the Client, the
Consultants, or a Sub-Consultant.
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by
the Applicable Law.
1.3 Language
This Contract has been executed in English language, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this Contract.
1.4 Notices
Any notice, request or consent made pursuant to this Contract shall be in writing and shall be deemed to
have been made when delivered in person to an authorized representative of the Party to whom
the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to
such Party at the address specified in the SC.
1.5 Location
The Services shall be performed at such locations as are specified in Appendix A and, where the location
of a particular task is not so specified, at such locations, whether in Karnataka or elsewhere, as
the Client may approve.
Any action required or permitted to be taken, and any document required or permitted to be executed,
under this Contract by the Client or the Consultants may be taken or executed by the officials
specified in the SC.
The Consultants, Sub-consultants and their Personnel shall pay such taxes, duties, fees and other
impositions as may be levied under the Applicable Law, the amount of which is deemed to have
been included in the Contract Price.
This Contract shall come into effect on the date the Contract is signed by both Parties or such other later
date as may be stated in the SC.
The Consultants shall begin carrying out the Services within thirty (30) days after the date the Contract
becomes effective, or at such other date as may be specified in the SC.
Unless terminated earlier pursuant to Clause 2.7, this Contract shall terminate at the end of such time
2.4 Modification
Modification of the terms and conditions of this Contract, including any modification of the scope of the
Services or of the Contract Price, may only be made by written agreement between the Parties.
For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable
control of a Party, and which makes a Party's performance of its obligations under the
Contract impossible or so impractical as to be considered impossible under the
circumstances.
The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a
breach of, or default under this Contract insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event (a) has taken all
reasonable precautions, due care and reasonable alternative measures in order to carry
out the terms and conditions of this Contract, and (b) has informed the other Party as
soon as possible about the occurrence of such an event.
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be
extended for a period equal to the time during which such Party was unable to perform
such action as a result of Force Majeure.
2.5.4 Payments
During the period of their inability to perform the Services as a result of an event of Force Majeure, the
Consultants shall be entitled to continue to be paid under the terms of this Contract, as
well as to be reimbursed for additional costs reasonably and necessarily incurred by
them during such period for the purposes of the Services and in reactivating the Service
after the end of such period.
2.6 Suspension:
The Client may by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this
contract, including the carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such
failure within a period not exceeding thirty (30) days after receipt by the Consultants of such
notice of suspension.
2.6.1 Liquidated damages for delay in completion
2.7 Termination
The Client may terminate this Contract, by not less than thirty (30) days’ written notice of termination to
the Consultants, to be given after the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause 2.7.1 and sixty (60) days’ in the case of the
event referred to in (e):
(a) if the Consultants do not remedy a failure in the performance of their obligations under the Contract,
within thirty (30) days of receipt after being notified or within such further period
as the Client may have subsequently approved in writing;
(b) if the Consultants (or any of their Members) become insolvent or bankrupt;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the
Services for a period of not less than sixty (60) days; or
(d) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in
competing for or in executing the Contract.
“corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence
the action of a public official in the selection process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the
execution of a contract to the detriment of GOK, and includes collusive practice
among consultants (prior to or after submission of proposals) designed to establish
prices at artificial non-competitive levels and to deprive GOK of the benefits of
free and open competition.
(e) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
The Consultants may terminate this Contract, by not less than thirty (30) days' written notice to the
Client, such notice to be given after the occurrence of any of the events specified in
paragraphs (a) through (c) of this Clause 2.7.2:
(a) if the Client fails to pay any monies due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 7 hereof within forty-five
(45) days after receiving written notice from the Consultants that such payment is
overdue;
(b) If the Client is in material breach of its obligations pursuant to this Contract and has
not remedied the same with in forty-five (45) days (or such longer period as the
Consultants may have subsequently approved in writing) following the receipt by
Upon termination of this Contract pursuant to Clause GC 2.7 , or upon expiration of this Contract
pursuant to Clause GC 2.3, all rights and obligations of the Parties hereunder shall
cease, except :
(i) such rights and obligations as may have accrued on the date of
termination or expiration;
(iii) any right which a Party may have under the Applicable Law.
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.7.1 or
GC 2.7.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to
a minimum. With respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided,
respectively, by Clauses GC 3.7 and GC 3.8 .
Upon termination of this Contract pursuant to Clauses 2.7.1 or 2.7.2, the Client shall make the following
payments to the Consultants:
(a) remuneration pursuant to Clause 6 for Services satisfactorily performed prior to the effective date of
termination;
(b) except in the case of termination pursuant to paragraphs (a) and (b) of Clause 2.7.1, reimbursement
of any reasonable cost incident to the prompt and orderly termination of the
Contract.
3.1 General
The Consultants shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Consultants shall always act, in
respect of any matter relating to this Contract or to the Services, as faithful advisers to
the Client, and shall at all times support and safeguard the Client's legitimate interests in
Consultant Page 53 of 64 Executive Engineer (RI Road Infra Division)
Consultants for Preparation of Detailed Project Report (DPR) inclusive of Bid
If the Consultants, as part of the Services, have the responsibility of advising the Client on the
procurement of goods, works or services, the Consultants shall comply with any
applicable procurement guidelines of the funding agencies and shall at all times
exercise such responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultants in the exercise of such procurement
responsibility shall be for the account of the Client.
The Consultants agree that, during the term of this Contract and after its termination, the Consultants
and their affiliates, as well as any Sub-consultant and any of its affiliates, shall be
disqualified from providing goods, works or services (other than the Services and any
continuation thereof) for any project resulting from or closely related to the Services.
Neither the Consultants nor their Sub-consultants nor the Personnel shall engage, either
directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in the Government's country
which would conflict with the activities assigned to them under this Contract; or
(b) after the termination of this Contract, such other activities as may be specified in the SC.
3.3 Confidentiality
The Consultants, their Sub-consultants, and the Personnel of either of them shall not, either during the
term or within two (2) years after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract, or the Client's
business or operations without the prior written consent of the Client.
The Consultants (a) shall take out and maintain, and shall cause any Sub-consultants to take out and
maintain, at their (or the Sub-consultants', as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and for the coverage, as shall be
specified in the SC; and (b) at the Client's request, shall provide evidence to the Client showing
that such insurance has been taken out and maintained and that the current premiums have been
paid.
The Consultants shall obtain the Client’s prior approval in writing before taking any of the following
actions:
(a) entering into a subcontract for the performance of any part of the Services, it being understood (i) that
the selection of the Sub-consultant and the terms and conditions of the subcontract shall
have been approved in writing by the Client prior to the execution of the subcontract,
and (ii) that the Consultants shall remain fully liable for the performance of the Services
by the Sub-consultant and its Personnel pursuant to this Contract;
(b) appointing such members of the Personnel not listed by name in Appendix C (“Key Personnel and
Sub-consultants”), and
The Consultants shall submit to the Client the reports and documents specified in Appendix B in the
form, in the numbers, and within the periods set forth in the said Appendix.
All plans, drawings, specifications, designs, reports and other documents and software submitted by the
Consultants in accordance with Clause 3.6 shall become and remain the property of the Client,
and the Consultants shall, not later than upon termination or expiration of this Contract, deliver
all such documents and software to the Client, together with a detailed inventory thereof. The
Consultants may retain a copy of such documents and software. Restrictions about the future
use of these documents, if any, shall be specified in the SC.
Equipment and materials made available to the Consultants by the Client or purchased by the
Consultants with funds provided by the Client shall be the property of the Client and shall be
marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make
available to the Client an inventory of such equipment and materials and shall dispose of such
equipment and materials in accordance with the Client’s instructions. While in possession of
such equipment and materials, the Consultants, unless otherwise instructed by by the Client in
writing, shall insure them at the expense of the Client in an amount equal to their replacement
value.
4. Consultants’ Personnel and Sub-Consultants
The titles, agreed job descriptions, minimum qualifications and estimated periods of engagement in the
carrying out of the Services of the Consultants' Key Personnel are described in Appendix C.
The Key Personnel and Sub-consultants listed by title as well as by name in Appendix C are
hereby approved by the Client.
(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for
any reason beyond the reasonable control of the Consultants, it becomes necessary to
replace any of the Key Personnel, the Consultants shall forthwith provide as a
replacement a person of equivalent or better qualifications.
(b) If the Client finds that any of the Personnel have (i) committed serious misconduct or has been
charged with having committed a criminal action, or (ii) have reasonable cause to be
dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the
Client's written request specifying the grounds therefor, forthwith provide as a
replacement a person with qualifications and experience acceptable to the Client.
(c) The Consultants shall have no claim for additional costs arising out of or incidental to any removal
and/or replacement of Personnel.
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the Government
shall:
(a) issue to officials, agents and representatives of the Government all such instructions as may be
necessary or appropriate for the prompt and effective implementation of the Services;
(b) assist the Consultants and the Personnel and any Sub-consultants employed by the Consultants for
the Services from any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a corporate entity according
to the Applicable Law;
(c) provide to the Consultants, Sub-consultants and Personnel any such other assistance as may be
specified in the SC.
The Client shall make available to the Consultants and the Personnel, for the purposes of the services and
free of any charge, the services, facilities and property described in Appendix D at the times and
in the manner specified in said Appendix D, provided that if such services, facilities and
property shall not be made available to the Consultants as and when so specified, the Parties
Consultant Page 56 of 64 Executive Engineer (RI Road Infra Division)
Consultants for Preparation of Detailed Project Report (DPR) inclusive of Bid
shall agree on (i) any time extension that it may be appropriate to grant to the Consultants for
the performance of the Services, (ii) the manner in which the Consultants shall procure any such
services, facilities and property from other sources, and (iii) the additional payments, if any, to
be made to the Consultants as a result thereof.
The Consultant’s total remuneration shall not exceed the Contract Price and shall be a fixed lump
sum including all staff costs, Sub-consultants’ costs, printing, communications, travel,
accommodation, and the like, and all other costs incurred by the Consultant in carrying out the
Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price may
only be increased above the amounts stated in clause 6.2 if the Parties have agreed to additional
payments in accordance with Clause 2.4.
The Consultant has to render the services of any sort as required by the client due to unforeseen
circumstances within the scope of services agreed upon during the contract period with out
claiming any extra remuneration.
Payments will be made to the account of the Consultants and according to the payment schedule
stated in the SC. Unless otherwise stated in the SC, the first payment shall be made against the
provision by the Consultants of a bank guarantee for the same amount, and shall be valid for the
period stated in the SC. Any other payment shall be made after the conditions listed in the SC
for such payment have been met, and the Consultants have submitted an invoice to the Client
specifying the amount due.
If the Client has delayed payments beyond fifteen (15) days after the due date stated in the SC, interest
shall be paid to the Consultants for each day of delay at the rate stated in the SC.
7. Settlement of Disputes
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with
this Contract or its interpretation.
Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be
settled amicably within thirty (30) days after receipt by one Party of the other Party's request for
such amicable settlement may be submitted by either Party for settlement in accordance with the
provisions specified in the SC.
Client :_______________
_______________
Attention :_______________
Telex :_______________
Facsimile :_______________
E-mail :------------------------
Consultants :_______________
_______________
_______________
Attention :_______________
Telex :_______________
Facsimile :_______________
E-mail :------------------------
1
[Note : Fill in the blanks]
[1.4.2 Notice shall be deemed to be effective as follows:
[1.7.1 The consultants and the personnel shall pay the taxes, duties, fees, levies and other impositions
levied under the existing, amended or enacted laws during life of this contract and the client
shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.
[1.7.2 However the Consultancy Services tax payable for this Consultancy Services shall be paid/
reimbursed by the Client separately.]
1 All Notes should be deleted in the Final Text
[2.1 The date on which this Contract shall come into effect is :
[2.2 The time period shall be ….. days [Note: Fill in 30 days or any other appropriate]or such other time
period as the parties may agree in writing ]
[2.3 The period shall be [Note : Fill in the period, e.g., twenty-four (24) months or such other period as
the parties may agree in writing].
(1) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988, in respect
of motor vehicles operated in India by the Consultants or their Personnel or any Sub-
consultants or their Personnel, for the period of Consultancy;
(2) Third Party liability insurance, with a minimum coverage for Rs. ....................... for the period of
Consultancy;
(3) Client’s liability and workers' compensation insurance in respect of the Personnel of the Consultants
and of any Sub-consultant, in accordance with the relevant provisions of the Applicable Law,
as well as, with respect to such Personnel, any such life, health, accident, travel or other
insurance as may be appropriate;
(4) Professional liability insurance, with a minimum coverage equal to total contract value for this
consultancy; and
(5) Insurance against loss of or damage to (i) equipment purchased in whole or in part with funds
provided under this Contract, (ii) the Consultants' property used in the performance of the
Services, and (iii) any documents prepared by the Consultants in the performance of the
Services.
[3.7The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.]
[5.1Note: List here any changes or additions to Clause GC5.1 If there are no such changes or additions,
delete this Clause SC5.1 from the SC.]
[6.5 Payment shall be made within 60 days of receipt of the invoice and the relevant documents specified
in Clause 6.4, and within 90 days in the case of the final payment.
[7.2 Disputes shall be settled by arbitration in accordance with the following provisions.
(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole
arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days
after receipt by the other Party of the proposal of a name for such an appointment by the
Party who initiated the proceedings, either Party may apply to the President, Institution of
*
Engineers India , Bangalore chapter, for a list of not fewer than five nominees and, on receipt
of such list, the Parties shall alternately strike names therefrom, and the last remaining
nominee on the list shall be the sole arbitrator for the matter in dispute. If the last remaining
nominee has not been determined in this manner within sixty (60) days of the date of the list,
the President, Institution of Engineers India*, shall appoint, upon the request of either Party
and from such list or otherwise, a sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a technical matter, the Client and the
Consultants shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a
third arbitrator, who shall chair the arbitration panel. If the arbitrators named by the Parties
do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the
two arbitrators named by the Parties has been appointed, the third arbitrator shall, at the
request of either Party, be appointed by Secretary, the Indian Council of Arbitration, New
Delhi.
(c) If, in a dispute subject to Clause SC 7.2.1 (b), one Party fails to appoint its arbitrator within thirty (30)
days after the other Party has appointed its arbitrator, the Party which has named an arbitrator
may apply to the Secretary, Indian Council of Arbitration, New Delhi, to appoint a sole
arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application
Consultant Page 60 of 64 Executive Engineer (RI Road Infra Division)
Consultants for Preparation of Detailed Project Report (DPR) inclusive of Bid
7.2.2Rules of Procedure
Arbitration proceedings shall be conducted in accordance with procedure of the Arbitration &
Conciliation Act 1996, of India
7.2.3Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the
same manner as the original arbitrator.
7.2.4Qualifications of Arbitrators
The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of
Clause 7.2.1 hereof shall be a nationally recognized legal or technical expert with extensive
experience in relation to the matter in dispute.
7.2.5Miscellaneous
In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties, be held in Bangalore.
(b) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there
is no such majority) shall be final and binding and 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.
IV. APPENDICES
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks, place of
performance for different tasks; specific tasks to be approved by Client, etc.]
[List format, frequency, contents of reports and number of copies; persons to receive them; dates of
submission, etc. If no reports are to be submitted, state here "Not applicable".]
[List under: C-1 Titles [and names, if already available], detailed job descriptions and minimum
qualifications. experience of Key Personnel to be assigned to work , and staff-
months for each.
F-1 Services, facilities and property to be made available to the Consultants by the Client.]
List here the elements of cost used to arrive at the breakdown of the lump sum price :
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable expenditures:
This appendix will exclusively be used for determining remuneration for additional services.
(Reference SC Clause 6.4 of Contract) (To be stamped in accordance with Applicable Stamp Act, if any)
Ref: _______________ Bank Guarantee: ________________Date: _______________
Dear Sir,
In consideration of M/s. ____________________ (hereinafter referred as the “Client”, which expression
shall, unless repugnant to the context or meaning thereof include it successors, administrators and assigns)
having awarded to M/s. ____________________ (hereinafter referred to as the “Consultant” which
expression shall unless repugnant to the context or meaning thereof, include its successors, administrators,
executors and assigns), a contract by issue of client’s Contract Agreement No. ________________ dated
__________ and the same having been unequivocally accepted by the Consultant, resulting in a Contract
valued at ___________________ for __________________ Contract (hereinafter called the “Contract”)
and the Client having agreed to make an advance payment to the Consultant for performance of the above
Contract amounting to ____________________ (in words and figures) as an advance against Bank
Guarantee to be furnished by the Consultant.
We _____________ (Name of the Bank) having its Head Office at _______________ (hereinafter
referred to as the Bank), which expression shall, unless repugnant to the context or meaning thereof,
include its successors, administrators executors and assigns) do hereby guarantee and undertake to pay the
client immediately on demand any or, all monies payable by the Consultant to the extent of
_______________ as aforesaid at any time up to _________ @ __________ without any demur,
reservation, contest, recourse or protest and/or without any reference to the consultant. Any such demand
made by the client on the Bank shall be conclusive and binding notwithstanding any difference between
the Client and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be
enforceable till the Client discharges this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time to vary the advance or to extend the time for performance of the contract by
the Consultant. The Client shall have the fullest liberty without affecting this guarantee, to postpone from
time to time the exercise of any powers vested in them or of any right which they might have against the
Client and to exercise the same at any time in any manner, and either to enforce or to forebear to enforce
any covenants, contained or implied, in the Contract between the Client and the Consultant any other
course or remedy or security available to the Client. The bank shall not be relieved of its obligations
under these presents by any exercise by the Client of its liberty with reference to the matters aforesaid or
any of them or by reason of any other act or forbearance or other acts of omission or commission on the
part of the Client or any other indulgence shown by the Client or by any other matter or thing whatsoever
which under law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Consultant and
notwithstanding any security or other guarantee that the Client may have in relation to the Consultant’s
liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is limited to _______
and it shall remain in force up to and including ______________ ________ and shall be extended from
time to time for such period (not exceeding one year), as may be desired by M/s. ________________ on
whose behalf this guarantee has been given.
WITNESS
_________________________ __________________________
(signature) (signature)
_________________________ __________________________
(Name) (Name)
________________________ __________________________
(Official Address) Designation (with Bank stamp)
Attorney as per Power of
Attorney No._______________Dated ___________________
Note: The bank guarantee shall be issued either by a bank (Nationalized/Scheduled) located in India