CORRIGENDUM

Refer to Tender inviting Notice of dated 22/07/2007 regarding

preparation of DPR for the works of Roads, Nistar Tanks, Stop dams and
Monitoring the works at the time of execution for one year. Now "monitoring of
work" is deleted from the NIT. The Tender forms will be submitted on or before
dated 20/08/2007 at 3.00pm and Technical bid shall be open same day at
3.30pm. Financial Offer shall be open at 2.00pm on dated 21/08/2007.
Rest of the conditions of NIT remains the same.

Chief Executive Officer and

Additional District Program Co-Ordinator
Zila Panchayat Jhabua

OFFICE OF THE CHIEF EXECUTIVE OFFICER AND

ADDITIONAL DISTRICT PROGRAMME COORDINATOR
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME-MP
ZILA PANCHAYAT JHABUA M.P.

DETAILED DOCUMENT

INVITATION FOR CONSULTANCY SERVICES FOR PREPARATION OF

DETAILED PROJECT REPORT OF ROADS, NISTAR TANKS, STOP DAMS
AND MONITORING THE CONSTRUCTION WORKS UNDER NREGS-MP
JILA PANCHAYAT, JHABUA

Cost of Tender Form Rupees: 1000/M.R. No.. date.

ISSUED TO:

........................................................
........................................................
........................................................
........................................................
........................................................
........................................................

ISSUED BY:
CHIEF EXECUTIVE OFFICER AND
ADDITIONAL DISTRICT PROGRAMME COORDINATOR
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME-MP
ZILA PANCHAYAT JHABUA M.P.

INDEX

PAGE NO.
1.

NOTICE INVITING OFFERS

2-3

2.

LETTER OF INVITATION

4-7

3.

APPENDIX-I

4.

ANNEXURE-I

10-15

5.

ANNEXURE-II

16

6.

ANNEXURE-III

17

7.

ANNEXURE-IV

18

8.
9.

8-9

ANNEXURE-V

19

AGREEMENT

20-21

10. GENERAL CONDITION OF CONTRACTS

22-31

11.

APPENDIX-III

32-33

12.

APPENDIX-VI

34

13.

APPENDIX- VIII

35

OFFICE OF THE CHIEF EXECUTIVE OFFICER AND

ADDITIONAL DISTRICT PROGRAMME COORDINATOR
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME-MP
ZILA PANCHAYAT JHABUA M.P.
Phone No. (07392)- 244323 (Off)
Fax No. (07392)- 243611
TENDER INVITING NOTIC
No. --------------

Jhabua, Date:

NOTICE INVITING OFFERS FROM CONSULTANTS/ENGINEERS FOR PREPARATION

OF DETAILED PROJECT REPORT FOR ROADS / MINOR BRIDGES, NISTAR TANKS,
STOP DAMS AND MONITORING THE EXECUTION OF WORKS UNDER NATIONAL
RURAL EMPLOYMENT GUARANTEE SCHEME-MP ZILA PANCHAYAT JHABUA.

Sealed Tenders are invited from the reputed CONSULTANTS/ENGINEERS

for survey, investigation and preparation of DPR for one year duration and
monitoring at the time of execution of works, under National rural employment
guarantee scheme-MP Zila panchayat in District Jhabua as per details in the table
given below:No.

A.

B.

Name of Work

Preparation of detailed project report

for and monitoring the works at the
time of execution for the one year.
Preparation of detailed project
report for Nistar tanks, stop dams
and monitoring the works at time of
execution for the one year.

Approximate total Tentative Cost of EMD (in

cost of Works for
Consultancy
Rs.)
which DPRs is to be
Services
prepared in Lakhs
Rs. 1500 Lakhs

6.00 Lakh

(Approximate length of
road to be constructed is
150 km)

Rs. 2500 Lakh

0.32 Lakhs
10.00 Lakh

The CONSULTANTS/ENGINEERS who has experience of preparation of D.P.R. of

Roads/Nistar tanks/stop dams may apply for the above mentioned work.
The financial proposals are invited per Km. length for road inclusive of all Cross Drainage
works/ Minor Bridges / VCW / FCW.
The financial proposals are invited on percentage basis of cost for Nistar Tank & Stop Dams.
Required for preparation of DPR and monitoring during execution of works as detail
NIT.
The cost of above mention work may be tentative there may be variation up to + 25%
The Tender documents will be obtain from the Office of the under sign by paying 1000
Rs(the cost of tender documents) in cash or in the form of Demand Draft drawn in
the favour of Chief Executive Officer Zila Panchayat Jhabua. up to Or before on
dated 07/08/2007 at 4:00pm in working day. The Tender documents will also be
download from the website http:\\www.jhabua.nic.in. In case of Tender documents
download from the website the cost of tender document shall be submitted by
3

demand draft of any Schedule Commercial bank in favour of Chief Executive Officer
Zila Panchayat Jhabua. at the time of submission of Financial offer in separate
Envelop.
The Tender/financial offers can be submitted up to 3:00 pm on dated 08/08/07 & Technical
bid shall be open same day at 3:30 pm in presence of Consultant/Engineer or his
authorized representative at Office of The Chief Executive Officer & Additional
District Program Coordinator NREGS-MP Zila Panchayat Jhabua.
The financial offer shall be open at 2:00pm on dated 10/08/07.
Pre bid meeting will held on dated 02/08/07 at 2:00pm at Office of The Chief
Executive Officer & Additional District Program Coordinator NREGS-MP Zila
Panchayat Jhabua.
Chief Executive Officer &
Additional District Program Coordinator
NREGS-MP Zila Panchayat Jhabua.

Endt. No.

Jhabua Dated

Copy to:
Accountant General of MP Gwalior for Information
Chief executive officer nregs-mp Bhopal.
Chief Engineer RES, Office of the Development Commissioner Bhopal
Chief Engineer NREGS-MP Tilhan Sangh Arera hill Bhopal
Commissioner Indore Division Indore
Director Public Relation, Ban Ganga Bhopal for Information
Superintending Engineer RES Circle Indore
Collector Jhabua
Executive Engineer RES Div No, 1 & 2 Jhabua
Executive Engineer PHE Div. Jhabua
Executive Engineer WRD Div Jhabua /Alirajpur
Executive Engineer PWD Div Jhabua
Assistant Director Public Relation Jhabua for information
Sub Divisional Officer RES Sub Division Jhabua/Thandla/Patlawad/Ranapur/Bhabra/Alirajpur
for information.
CEO Janpad Panchayat Jhabua/ Thandla/ Patlawad/ Ranapur/ Bhabra/ Alirajpur/Rama
/Maghnagar/Khattiwada/ Sondwa/Jobat/Udaygarh
Notice Board For information and wide publicity.
Chief Executive Officer &
Additional District Program Coordinator
NREGS-MP Zila Panchayat Jhabua

OFFICE OF THE CHIEF EXECUTIVE OFFICER AND

ADDITIONAL DISTRICT PROGRAMME COORDINATOR
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME-MP
ZILA PANCHAYAT JHABUA M.P.

Letter of Invitation (LOI)

Subject: -

Consultancy for Survey investigation and preparation of DPR and

monitoring at the time of work execution of work for the
construction / up gradation of rural roads including CDs, bridge,
vented causeways & Box culverts, Nistar Tank and Stop Dams etc.
in District Jhabua, Madhya Pradesh under NREGS-MP.
INTRODUCTION: -

1.1 You are invited to submit technical and financial offers for consultancy services
required for Survey investigation and preparation of DPRs for the works of construction /
up gradation of rural roads including CDs, Medium Bridge, vented causeways & Box
culverts & Nistar Tanks and Stop Dam etc in District Jhabua under NREGS-MP. Your
proposal will form the basis for ultimately drawing a contract between your firm and the
client.
The Consultant/Engineers who has experience of preparation of D.P.R. of Roads/Nistar
tanks/stop dams. and who have successfully completed preparation of DPR of above
mentioned projects as Consultant/Engineer or team leader any one project costing more than
2 crores in any one financial year during last 3 years are eligible for participation in the
tender of mentioned works.
He should be in a position of deploy at least 4 teams or more at a time for job and for
this purpose he should submit CVs of one Team Leader, one Pavement Engineers, one
Material Engineer and one Retd. EE/SE from Water Resources Department of Madhya
Pradesh for DPR and Monitoring Nistar Tanks and Stop Dams.
Past performance of the Consultant/Engineer, their capacity and work in hand will also
be taken into account for award of work. For this purpose Consultant/Engineer should
submit details of the similar work done in last 3 years.

To obtain first hand information of the assignment and local conditions, before
submitting the proposal. You must fully acquaint yourself of the local site
conditions and take them into account in preparing your proposal.
1.2 Please note that;
1.2.1

Cost of preparing the proposal including visits to the Client and the project
area, are not reimbursable as a direct cost of the assignment.
Client is not bound to accept any of the proposals submitted.

1.3

The proposals must be properly signed as detailed below:

1.3.1 by the proprietor in case of a proprietary firm.

1.3.2 By the partner holding Power of Attorney, in case of a partnership firm (A

certified copy of the Power of Attorney shall accompany the proposal).
By a duly authorized person holding the Power of Attorney in case of a limited
company or a corporation (A certified copy of the Power of Attorney shall
accompany the proposal).
2
2.1

DOCUMENTS: The complete tender documents consist of LOI and;

(a) Annexure I:
Terms of Reference (TOR)
(b)AnnexureII:
Qualifications for key personnel
(c)AnnexureIV:
Format for financial Proposal
(d)Annexure-V:
General conditions of contract
(e)Special conditions of contract

2.2

At any time before the submission of the proposals, the Client may, for any
reason, whether at its own initiative or in response to a clarification requested by
an invited consulting firm, modify the Documents by amendment. The
amendment will be notified in writing or Tele-fax to all the invited Consulting
firms and will be binding on them. The client may at his discretion extend the
deadline for submission of the proposals.

3. PREPARATION OF THE PROPOSAL: CONSULTANTS/ENGINEERS are requested to submit a technical and a financial
proposal. The proposal shall be in English language.
3.1 Technical Proposal
3.1.1
CONSULTANTS/ENGINEERS are expected to examine all terms and
instructions included in the Documents. Failure to provide all or any of the
requested information will be at your risk and may result in the rejection of
your proposal.
3.1.2
During preparation of the technical proposal, you must give particular
attention to the following: Total assignment period is indicated in the Terms of Reference (TOR)
(Annexure-I). You should feel free to make your own assessment
considering the requirement of the work out put as per the requirement of
the TOR, including your assessment of the support personnel both
technical and administrative and submit your proposal on the basis of
assignment and period of completion which you consider necessary to
undertake the assignment. However, the Consultant/Engineer will have to
deploy minimum number of key persons as indicated in TOR. The
Consultant/Engineer shall have the complete responsibility for the timely
completion of assignment and no additional fee on any account shall be
paid for.
No alternative key professional staff may be proposed and only one C.V.
may be submitted for each position in each team.
The availability of key personnel must be ensured at site during the period
shown in the manning schedule; and
A good working knowledge of English and Hindi language is essential for
key professional staff on this assignment.
All reports must be in the English language.
6

Your technical proposal shall include but be not limited to the following:
Firms organization, structure and relevant experience (including details of
the previous experience and details of ongoing works in Annexure-VI &
VII).
However, CVs. of the key personnel proposed for each package/team
should be attached.
Any comments or suggestions on Terms of Reference and data.
Description of methodology and work plan for performance of assignment.
Details of equipments, vehicles, office infrastructure, communication
facilities, their respective numbers and details of licenses for equipments
and software proposed to be used for the assignment;
The composition of the proposed team/teams and task assignment to
individual members: The general description of qualification, experience
and tasks to be performed by the various experts are given in Annexure
II. The tasks to be assigned to each member of the proposed team should
be decided by the Consultant/Engineer. The Consultant/Engineer should
take into account the various stipulations in the Terms of Reference and
assign tasks to individual members of the team.
Curriculum Vitae (C.V.) recently signed with date by the proposed key
professional staff and also counter signed by an authorized official of
the firm. The key information shall be as per the format given in
Annexure-III.
Proposed work program for the execution of the services, illustrated with
bar charts of the activities, Critical Path Method (CPM) or Program
Evaluation Review Technique (PERT) type graphics. The composition of
the team, the assigned tasks and their timings should be brought out clearly
using bar chart and flow diagrams.
3.2 Financial Proposal
The financial proposals are invited per Km. length for road and percentages basis of
cost of Nistar Tanks and Stop Dams.
Financial proposals will include component of key personnel and supporting staff as
well as the lump sum component (i.e. support staff, transportation,
equipment, vehicles, communication facilities etc.). The format for the
financial proposal is given in Annexure-IV. The expected inputs and the
minimum requirements/standards to be maintained for the lump sum
component is furnished in the above mentioned Annexure.
The financial proposals shall be prepared to cover the tasks mentioned in the TOR
and also the tasks you may think should be carried out in order to meet the
objective of the project.
The financial proposals shall take into account the tax liability and cost of
insurance, if any, specified in the TOR.
The payment shall be made in Indian Rupees by Chief Executive Officer and ADPC
NREGS-MP Zila Panchayat Jhabua or Executive Engineer Rural
Engineering Services/Water Resources Department. The Tender will be
awarded to lowest bidder on the basis of calculation of financial offered A,B
and C. Consultant/Engineer should submit all the financial offer A, B and C.
If consultant/Engineer fails to submit any one of the financial offer(A), (B)
and (C) Such type of financial offer shall not be considered and ultimately
disqualified the tender.
7

Submission of Proposals: Proposal will be sealed in an outer envelope, which will bear the address and
information indicated in the Data sheet.
The outer envelope will contain three separate envelopes, one clearly marked,
"EMD", second envelope clearly marked as "Technical Proposal" and the
third envelope clearly marked "Financial Proposal".
The technical and financial proposal must be prepared in indelible ink and must be
signed by the authorized representatives of the Consultant/Engineers. The
authorization must be confirmed by a written Power of Attorney
accompanying the proposals. The person or persons signing the proposal
must initial all the pages of the Technical and Financial proposal.
The proposal must not contain inter lineation or overwriting except as necessary to
correct errors made by the Consultant/Engineers themselves, in which cases
such corrections must be initialed by the person or persons signing the
proposal.
Your completed Technical and Financial proposal must be delivered on or before
the specified time and date.
Your proposal must be valid for 90 days from the closing date during which you
must maintain available the professional staff proposed for the assignment.
The Consultant/Engineer must submit Earnest Money for an amount as shown in

Appendix -I for the particular work. The Earnest money shall be pledged in favour
of Additional District Programm Coordinator NREGS-MP Zila Panchayat Jhabua ,
in one of the forms mentioned below: Demand Draft of any Scheduled Commercial Bank.
Fixed/Term Deposit receipt of any Scheduled Commercial Bank (other
than Cooperative Bank).
The proposal/s not accompanied by proper Earnest Money, will not be opened and
shall be returned unopened.
Earnest Money of unsuccessful Consultants/Engineers will be returned within 28
days of the end of the validity period of the offer.
The

Earnest Money of the successful Consultants/Engineers will be

discharged/adjusted when Consultant/Engineer has signed the agreement and
furnished the required performance security.

The Earnest Money may be forfeited. If the consultant/Engineer withdraws the offer
after submission during the period of tender validity. In the case of a
successful Consultant/Engineer, if the Consultant/Engineer fails within the
specified time limit to furnish the required Performance Security and Sign
the Agreement;
To measure of the work of the consultant/Engineer and to take such part thereof as
shall be unexecuted out of his hand and to give it to another
consultant/Engineer to complete in which case any expense which may be
incurred in excess of the sum which would have been paid by the original
consultant/Engineer may be deducted from any money due to him by
Government under the contact of otherwise of from his security deposit or
the proceeds or sale thereof or a sufficient part thereof.
In the event of any of the above courses being adopted by the Divisional
Officer, the consultant/Engineer shall have no claim to compensation for
any loss sustained by him by reason of his having purchased or procured any
materials or entered for any agreements or made any advances on account of
or with view to the execution of the work or the performance of the contract.
And in case the contract shall be rescinded under the provision afore said the
contract shall not be entitled to recover or be paid any sum for any work
there to for actually performed under the contract unless & until the Sub9

Divisional /Divisional Officer will have certified in writing the performance

of such work and the value payable in respect thereof and he shall only be
entitled to be paid the value so certified.
Whenever action is taken under clause 3(a) the consultant/Engineers bill
shall be finalized up within three months from the date of rescission both in
the case of Road/Nistar Tanks and Stop Dams etc.
Proposal Evaluation: The two-stage procedure will be adopted in evaluating the proposals;
A Technical evaluation, which will be carried out prior to opening the financial
proposals;
B Financial evaluation,
4 . Evaluation of Financial Proposal: If the Consultant/Engineer fulfils the required eligibility criteria and both technical
and financial proposals are complete. After approval of the competent authority,
successful Consultant/Engineer shall be notified. The competent authority reserve
all rights to accept or reject any or all proposals without assigning reason for their
decision.

10

Annexure-I
TERMS OF REFRENCE (TOR)
ASSIGNMENT OF SURVEY INVESTIGATION AND PREPARATION OF
DETAILED PROJECT REPORT FOR RURAL ROADS, NISTAR TANKS
AND STOP DAMS
1.

OBJECTIVES:

The broad objective of the above assignment is to prepare DPR, which includes:

A. For GSB Roads

To carry out detailed survey and investigation of roads.
Carry out detailed engineering design and soil test for the identified rural roads.
Carry out detailed survey for bridges, vented causeways, Box culverts etc.
Carry out detailed engineering design for bridges and vented causeways.
Propose improvement of geometrics of road.
Identified the quarry for transportation of material and lead from quarry.
B. For Nistar Tanks / Stop Dams
To carry out detailed survey and investigation of Nistar Tanks / Stop Dams.
Carry out detailed engineering design & various test for the identified Nistar Tanks /
Stop Dams.
Carry out detailed survey of basin and catchments area
Identity the quarry for puddle and casing earth and lead from quarry.

C. Monitoring of the work at the time of execution is optional. Client is not bound to
perform all or anyone of these task by the Consultant/Engineer. When it found to be
necessary perform the task of monitoring for the above mention works during
execution as per direction of Additional District Program Coordinator.
It includes checking of levels and calculate quantity of Earthwork and other item of
Nistar tank, Roads, Stop Dams and other works of which the provision made in the
DPR at single time as per Direction of ADPC. Single time monitoring of above
mention work shall include to conduct and perform the compaction test, Consistency
limit test and other necessary test one time only during the execution of aforesaid
works of soil and GSB material as per direction of Engineer in charge or ADPC.
Carry out precommencement level before start the work of Nistar tanks or Roads
2.
All the necessary test should be conducted by consultant/Engineer in his own cost
or his material testing lab. in presence of Engineer or authorized representative of the
Deptt.
3.

SCOPE OF CONSULTANCY SERVICES:

Framing strategy and detailed engineering designs for the road and cost estimates as per
prevalent IRC standards and for Nistar Tanks / Stop Dams specifications followed by in
11

accordance with Standards and guide line prescribed by the MPWRD/CWC. The scope
of services shall thus cover the following major tasks but shall not be limited to them.
3.1 The Consultant/Engineer will ensure the following in preparing the Detailed Project
reports:
The Rural Roads constructed under the National Rural Employment Guarantee Act must
meet the technical specifications and geometric design standards given in the Rural
Roads Manual of the IRC (IRC:SP20:2002) and also, where required, the Hill Roads
Manual (IRC:SP:48) and for Nistar Tanks / Stop Dams specifications followed by in
accordance with Standards and guide line prescribed by the MPWRD/CWC
The Rural Roads constructed under NREGS-MP must have proper embankment / drainage.
Adequate number of Cross Drainage (CD) works, including cause-ways where
appropriate, must be provided based on site requirement ascertained through
investigation. Minor bridges may be provided where necessary. In case the span exceeds
15m, a separate DPR will be prepared after site inspection jointly by the Concerned
Executive Engineer and Consultant/Engineer.
3.2

Monitoring of the works during execution of the aforesaid works is optional and client is
not bound to carried out all or anyone of these task by the Consultant/Engineer. When it
seems to desirable or found necessary the Consultant/Engineer shall be intimated by the
ADPC or Engineer in charge for monitoring of the stated works during execution.
Monitoring of the work during execution of work shall include taking levels and
calculate quantity of Earthwork and other item of aforesaid works for which the
provision made in the DPR. The monitoring also include the various test of soil and GSB
material to be carried out as per the direction of ADPC or Engineer in charge.

3.3

Consultant/Engineer/will;

Inventory and detailed condition surveys for bridges and other cross drainage structures
in case of existing roads.
Conduct traffic study analysis & forecast for next 10 years and conduct at least 3 days
traffic count.
Identification of sources of construction material. Conduct a detailed soil and material
survey for the purpose of pavement design and for ascertaining the location
availability and suitability of road construction material. (Attach quarry charts
etc.)
Conduct topographic survey at detailed engineering sections for collecting all
information for designing all works.
Conduct soil and pavement investigations at detailed engineering sections. One test for
CBR where change of strata is observed. CBR and other necessary test shall be
conducted in the laboratory approved by Executive Engineer, RES and test
results should be attached with DPR. Expenditure on necessary testing
should be bear by the consultant/Engineer.
Carry out detailed engineering design for the Stop Dams, Nistar Tanks, bridge structures
and all vented causeways along the project corridor. Conduct sub-soil
investigations pertaining to the structures as follows:
For slab/HP box culvert one trial pit each.
Stop Dams, Vented causeways and bridge 2 trial pits.
If exposed rock is available, no trial pit is required.
Prepare cost estimate for proposed work based on schedule of rates of Rural Engineering
Departments of Jhabua District effect from 15/06/2007 For items not covered by
schedule of rates the same be accompanied by the analysis.
12

Based on detailed survey and investigation prepare detailed engineering drawing

including working drawing.
Suggest water-conserving structures on CDs/vented causeways wherever feasible (and
give their detailed design).
Consultant/Engineer will have to collect Patwari Khasra for all the land coming in the
Nistar Tanks/Stop Dams / Road way (ROW) and he will prepare land plan
accordingly.
3.4
During preparation of DPR you must give particular attention to wages-material
ratio. Wage means actual wages paid to the unskilled labour and material part
include cost of material, wages paid to semiskilled and skilled labour. WageMaterial ratio should me mention in DPR by Analysis of each item of works.
4. PREPARE REPORT ON PROJECT PREPARATION IN FOUR VOLUMES
AS FOLLOWS: (Both in hard and soft copies)
Main report covering the methodology, details of all field surveys traffic analysis design
of pavement and investigations, details of proposed improvement etc.
Design report covering design of Stop Dams, Nistar Tank, pavement and bridge/CD
structures etc. as also details of materials surveys conducted by
Consultant/Engineers/Engineer.
Bill of quantities and detailed cost estimates.
Drawing folder containing detailed engineering drawings for all proposed new /
improvement work as recommended by the relevant standards for Nistar Tanks, Stop
Dams, Roads, Bridges/Cross Drainage Structures.
For items not covered by schedule of rates same be accompanied by the analysis.
Detailed report relating to source of construction material, location lead etc.
5.

SPECIFICATIONS:

The specification for the various items of works should be as per the "Specifications for
Rural Road" issued by Indian Road Congress (Aug- 2004). IRC-SP 19 Manual on Survey
Investigation of Preparation of Road Project IRC 20 manual of Rule location, Design
construction and Maintenance of Rural Roads. IRC SP 54 Project Preparation Manual
for Bridges and "Manual of Rural Roads" SP-20 issued by I.R.C. recently. The Project
Reports and Specifications for the various Items of works for Nistar Tank and Stop Dams
should be accordance with the standards and guide line prescribed by the Madhya
Pradesh Water Resources Department/Central Water Commission. The Design and
Estimates Shall also confirm to relevant Technical Standards of Water Resources
Department.
6.

REPORT AND DOCUMENTS:

The Consultant/Engineer will be required to submit the following reports and documents
at the time and in the number of copies indicated against each. (Both hard copy and soft
copy).
Draft detailed Works Programmed within 2 days from the date of receipt of work order,
based on the reconnaissance and condition surveys etc. in two copies.
13

Progress report with adequate details indicating the physical progress of various items of
works: Each month to be submitted latest by the 10 th of following month in two
copies.
Preliminary report on project preparation in four volumes to be submitted within 9 Days
of start of work.
Final report on the project preparation to be submitted within 3 days of the receipt of
comments of the client on the draft report in four sets.
7
i)

Obligations of the client

Additional District Program Coordinator NREGS-MP Zila Panchayat Jhabua on
receipt of detailed work programmed gives his comments if any with in 3 days.
ii)
On receipt of draft DPR Additional District Program Coordinator NREGS-MP
Zila Panchayat Jhabua will give his comments within 03 days.
If no comments are received within the specified period from A.D.P.C. the above
reports will be treated to have been approved by client and Consultant/Engineer shall go
ahead and submit his reports within specified time frame.
8. PROPOSED TEAM
The Consultant/Engineer shall be required to form a team for this assignment. The
Consultant/Engineers team shall be manned with adequate number of experts having
relevant experience in the similar assignments. List of key personnel to be fielded by the
Consultant/Engineer is given below.
1.
2.
3.
4
5.

Team Leader 1 Team Leader

Pavement Engineer 1 No.
Asst. Material Engineer 1 No.
Irrigation and Hydrological Structural Engineer.
Adequate number of surveyors & other staff so as to complete the job in
prescribed time limit.
The Head quarters of the Team leader, Pavement Engineer, Assistant
Material Engineer and Hydrological Structural Engineer shall be at Hqrs. of
ADPC, NREGS-MP Zila panchayat Jhabua. And they will always be in touch
with ADPC and Executive Engineer of Rural Engineering Service
Department and Water Resources Department.

9. DURATION OF SERVICES
The time limit for completion of Consultancy service is one month from the date
of issue work order of Detail Project Report.
DPRs should be submitted as per priority decided by ADPC NREGS ZILA
PANCHAYAT JHABUA and the whole work is to be completed within the time limit
specified above. You should feel free to make your own assessment considering the

requirement of work output in terms of TOR including your assessment of support

personnel both technical and administrative and submit your proposal accordingly.
The final reports, drawings and documentation shall be completed within this time
14

schedule from the date of issue of work order by Executive Engineer RES/WRD
offer signing the agreement between the client and the Consultant/Engineer.
Scheduling of the work within this period is indicated below offer issue the work
order which should be adhered to.
Submission
Detailed work program

Detailed Draft Project

Report
Final Project Report

Period w.e.f. date of issuing the order

02 days
09 days
03 days

10. PAYMENT SCHEDULE

10.1 Payment schedule for performing the work shall be as follows: (i)
On submission of preliminary report
40%
(ii)
On submission of final draft report
50%
(iii) Final payment should be made as per clause 10 of TOR.
10.2 The payment schedule for monitoring of work during execution of works shall be
decided by the client and successful Bidder/Consultant/Engineer by mutually agreed
terms and conditions.
10.3 Final payment should be made after completion of work
11. RESPONSIBILITY FOR ACCURACY OF PROJECT PROPOSAL
The Consultant/Engineer shall be responsible for the accuracy of the data collected, and
the designs drawings and estimates prepared by him as a part of the project. He shall
indemnify the client against any inaccuracies in the work which might surface out at the
time of ground implementation of the project, including stacking out and for this purpose
he shall furnish bank guarantee for an amount to the extent of 10 % of total consultancy
fee to be received by him. In such cases Consultant/Engineer will be responsible to
correct the drawings including resurvey investigation as required. The Bank guarantee
shall be valid for a period of 12 months from the date of submission of the final detailed
project report. The final installment of 10% of the fees shall be released only on receipt
of the Bank Guarantee. If during the above period the required corrections as directed by
Concerned Executive Engineer of RES and WRD are not done by Consultant/Engineer in
given time frame, the cost of such corrections shall be recovered from the
Consultant/Engineer.
Performance security
The amount of performance security shall be 10% of the estimated consultancy fee
which will be deposited in the form of bank guarantee or FDR of any Schedule
commercial bank. This performance security shall be released on the
completion of work satisfactory.
Penalties
In case, delay in satisfactory completion of services occurs due to consultant/Engineer
beyond the Stipulated period the Consultant/Engineer shall be liable to pay penalty @
0.50% per calendar day subject to maximum of 10% of work order amount issue by
15

Executive Engineer in case delayed beyond 30 days DPR not be acceptable and in
addition to penalty amount payment already made to consultant/Engineer shall be
recoverable by the decision of Chief Executive Officer and ADPC Zila Panchayat Jhabua
on this regard his decision shall be final.
12. Additional Services
In case some work are not completed within one year the consultancy fees for monitoring
shall be decided by the client and Consultant/Engineer by mutually agreed terms and
conditions.
13. Insurance to be taken out by the Consultant/Engineer:
The risk and coverage shall be as follows: Third party motor vehicle liability insurance as required under Motor Vehicles
Act 1988 in respect of motor vehicles operated in India by the
CONSULTANTS / ENGINEER or their personnel or any sub
Consultant/Engineer or their personnel for the period of the consultancy.
Employers liability and workers compensation insurance in respect of the
personnel of the Consultant/Engineer and of any sub Consultant/Engineer,
in accordance with 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; and
14.(a)
The Consultant/Engineer or their personnel, if found to be involved in the
gross negligence or willful misconduct, which cause damage to the
interests of the Authority, they shall be liable to the damages. They or their
personnel can also be subjected to the penal action under M.P.
Vinirdishtta Bhrashta Acharana Nivaran Adhiniyam 1982.
(b)
Subletting of work is not permissible. Violation of this condition shall be
treated as breach of contract and dealt with as such.

16

ANNEXURE - II
QUALIFICATIONS FOR KEY PERSONNEL
1.

Team Leader (TLDR)

The essential qualification and experience for the Candidate are as under;

2.

1.

Education; should be a Graduate in Civil Engineering from a recognized

University/Institution.

2.

Age should not be more than 70 years.

3.

Membership: Membership of a recognized Professional Society will be

preferable;

4.

Experience: should have a minimum of 12 years experience in the field of

highway engineering out of which he must have completed at least one project
for high quality road as Pavement Engineer/Bridge Engineer/Material Engineer
of the survey investigation and preparation of DPR Team.

Pavement Engineer (PE)

The essential qualification and experience for the Pavement Engineer are as under;

3.

1.

Education: should be a Graduate in Civil Engineering from a recognized

University/Institution

2.

Age should not be more than 60 years.

3.

Experience: Should have a minimum 5 years experience in the field of Highway

Engineering.

4.

Membership: Membership of a recognized Professional Society will be

preferable;

Irrigation Hydrological Structural Design Engineers for Stop Dams and Nistar
Tanks. Retired Superintending Engineer/Executive Engineer of Water Resources
Deptt. or equivalent experience Engineer.
The essential qualification and experience for the Hydrological Structural Engineers are
as under;
1.

Education: should be a Graduate in Civil Engineering from a recognized

University/Institution

2.

Age should not be more than 60 years.

3.

Experience: Should have at least minimum 5 years experience in Major and

Medium Irrigation Projects and shall have 2 years Experience in Design of
Hydrological Structures

4.

Membership: Membership of a recognized Professional Society will be

preferable;

17

ANNEXURE - III
FORMAT FOR CURRICULUM VITAE
Format For Curriculum Vitae (CV) for Proposed Key Personnel
Proposed Position
Name of Firm
Name of Staff Member
Profession
Date of Birth
Nationality
Years with Firm /Organization
Membership of Professional Societies

18

ANNEXURE - IV
FORMAT FOR FINANCIAL OFFER
OFFER FOR PREPARING DETAILED PROJECT REPORT
I/We hereby offer for preparing the detailed project report for the works
A. The rate for the preparation of DPR of Road work including CD Works/VCW/FCW
will be Rs. ........................ Per km. of the road length as indicated in letter of invitation
including all taxes.
B. The rate for preparation of DPR of Nistar Tanks and Stop Dams will be on the
percentages basis.................... of the project cost as indicated in letter of invitation
including all taxes.
C. The rate for single time monitoring during execution of works, taking levels,
Calculation of quantity of Earthwork conduct compaction test, CBR test and Consistency
limits test at said stages of construction of Road(per km) including culvert, Nistar tank
and Stop Dam is Rs. .......................including all taxes.
The work shall be done in all respects in accordance in the specification, design,
drawing, Term of reference instruction and the annexed conditions.

Signature of
Witness

Signature of person duly

Authorized by the firm

(Name & Address)

19

ANNEXURE-V

SURVEY INVESTIGATION AND PREPARATION OF DETAILD

PROJECT REPORT FOR THE WORKS
UNDER NATIONAL RURAL EMPLOMENT GUARANTEE SCHEME-MP

AGREEMENT
FOR
CONSULTANT/ENGINEERS SERVICES

Between

CHEIF EXECUTIVE OFFICER & ADDITIONAL DISTRICT PROGRAM

COORDINATOR NATIONAL RURAL EMPLOMENT GUARANTEE

SCHEME-MP ZILA PANCHAYAT JHABUA

And
-------------------------------------------------------(Name of Consultant/Engineer)

------------------------------------------------------------------------------

OFFICE OF THE CHIEF EXECUTIVE OFFICER AND

ADDITIONAL DISTRICT PROGRAMME COORDINATOR
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME-MP
ZILA PANCHAYAT JHABUA M.P.

20

OFFICE OF THE CHIEF EXECUTIVE OFFICER AND

ADDITIONAL DISTRICT PROGRAMME COORDINATOR
NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME-MP
ZILA PANCHAYAT JHABUA M.P.

AGREEMENT
This AGREEMENT is made on this ____ day of _________, 2007 between the CHEIF EXECUTIVE OFFICER &
ADDITIONAL DISTRICT PROGRAM COORDINATOR NATIONAL RURAL EMPLOMENT GUARANTEE SCHEME-MP ZILA

PANCHAYAT JHABUA

Madhya Pradesh. (Hereinafter referred to as the Client) which expression shall where the context so admits,
includes

his

successors

in

office

and

assigns

of

the

one

part,

and

_____________________________________________________________
____________________________________________________ (hereinafter called the Consultant/Engineer)
which expression shall where the context so admits, includes his successors in office and assigns of the other part.

WHEREAS
The Client intends to carry out a Road, Nistar Tanks, and Stop Dams Construction Project as defined
(hereinafter called the Project);
The Client has requested the CONSULTANTS/ENGINEERS to provide certain consulting services required for
the project as defined in the General Conditions of agreement attached to this agreement (hereinafter
called the Services);
The Consultant/Engineers, having represented to the Client that they have the required professional skills,
personnel and technical resources, have agreed to provide the Services on the terms and conditions set
forth in the Agreement;
The Client has received funds from Govt. of India and Govt. of Madhya Pradesh under National Rural
Employment Guarantee Scheme-MP (hereinafter called NREGS-MP) for construction of Rural roads,
Stop Dams and Nistar Tanks in the State of Madhya Pradesh. The works and services shall be subject
to the guidelines of the scheme.
NOW THEREFORE the parties hereto hereby agrees as follows: The following documents attached hereto shall be deemed to form an integral part of this agreement:
The General Conditions of Agreement (hereinafter called GC);
The Special Conditions of Agreement (hereinafter called the SC);
The following Appendices / Annexure:

Letter of invitation and Appendix III

Annexure I:
Annexure II:
Annexure III:
Annexure IV:

Terms of Reference
Task assignment of key personnel
Format for CV
Format for financial proposal
Letter of invitation and its annexes

The mutual rights and obligations of the Client and the Consultants / Engineer shall be set forth in the agreement; in
particular:
The Consultant/Engineer shall carry out the services in accordance with the provisions of the agreement; and
The Client shall make payments to the Consultant/Engineer in accordance with the provisions of the
agreement.

21

IN WITNESS WHERE OF, the Parties hereto have caused this Agreement to be signed in their respective
names as of the day and the year written.

FOR AND ON BEHALF OF CHIEF EXECUIVE OFFICER & ADDITIONAL DISTRICT PROGRAM
COORDINATOR NATIONAL RURAL EMPLOMENT GUARANTEE SCHEME-MP ZILA

PANCHAYAT JHABUA

By
(Authorized Representative)
FOR AND ON BEHALF OF
(NAME OF CONSULTANT/ENGINEER)

By
(Authorized Representative)
(Note: If the Consultant/Engineer consist of more than one entity all of these entities should
appear as Signatories e.g. in the following manner)
FOR AND ON BEHALF OF EACH OF THE MEMBERS OF
CONSULTANT/ENGINEER
(Name of the member)

By
(Authorized Representative)
etc.

22

GENERAL CONDITIONS OF AGREEMENT

GENERAL PROVISIONS
Definitions:
Unless the context otherwise requires, the following term whenever used in this Agreement have following
meanings:
Applicable Law means the laws and any other instruments having the force of law in the India and the state
of Madhya Pradesh as they may be issued and in force form time to time;
Bank means any scheduled bank so designated by the National Rural Employment Guarantee SchemeMadhya Pradesh for their banking transactions relating to this agreement.
Chief Executive Officer & Additional District Program Coordinator means an Officer designated as Chief
Executive Officer & Additional District Program Coordinator of National Rural Employment Guarantee
Scheme- Madhya Pradesh Zila Panchayat Jhabua(MP).
"Chief Engineer" means an officer of the rank of CE appointed by Government of M.P. as such.
Client means Chief Executive Officer & Additional District Program Coordinator of National Rural
Employment Guarantee Scheme- Madhya Pradesh , with its present address at Zila Panchayat Jhabua,
(hereinafter called the NREGS-MP);
" Engineer -in-charge" means an officer of the rank of Executive Engineer appointed by Govt. of MP. as Such.
Consultant/Engineer means____________________________ and includes sub-Consultant/Engineer and
their Personnel engaged for carrying out of services under this agreement;
Agreement means the Agreement signed by the Parties, together with all documents/Appendices attached
hereto and includes all modifications made in term of the Provisions of Clause 2.6 hereof;
Effective Date means the date on which this Agreement comes into force and effect pursuant to Clause 2.1
hereof;
Currency means the Indian Rupees;
Personnel means persons hired by the CONSULTANTS/ENGINEERS or by any sub-Consultant/Engineer as
employees and assigned to the performance of the Services or any part thereof;
Key personnel means the personnel referred to in Clause 4.2(a) of GC.
Party means the Client or the Consultant/Engineers, as the case may be, and Parties means both of them;
Project means survey & investigation of Roads, Nistar Tanks, Stop Dams, Cross Drainage works and Bridges
under National Rural Employment Guarantee Scheme- Madhya Pradesh, Project packages described in
Annexure-PI under National Rural Employment Guarantee ActServices means the work to be performed by the CONSULTANTS/ENGINEERS pursuant to this Agreement
for the purposes of the project as per the Term of Reference (TOR) hereto;
Starting Date means the date referred to in Clause 8 hereof;
Sub-Consultant/Engineer means any entity to which the Consultant/Engineer sub-contracts any part of the
services in accordance with the provisions of GC Clause 3.7, and;
Third Party means any person or entity other than the Government, the Client, or the Consultant/Engineers.

Relation Between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and
principal as between the Client and the Consultant/Engineers/Engineer. The Consultant/Engineers, subject to
this Agreement, have complete charge of Personnel and sub-Consultant/Engineers, if any, performing the
Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

Law Governing Agreement

This Agreement, it's meaning and interpretation, and the relation between the Parties shall be governed by the
Applicable Law.

23

1.4

Language
This Agreement has been executed in English, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this agreement.

Headings
The Headings shall not limit, alter or affect the meaning of this Agreement.
Notices
1.6.1

Any notice, request or consent required or permitted to be given or made pursuant to this Agreement
shall be in writing. Any such notice, request or consent shall be deemed to have been given or 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, speed post, Telegram or facsimile to such Party at
the addresses specified hereunder: -

Notice will be deemed to be effective as follows:

The notice shall be deemed to be effective in the manner and at time as specified as follows:

1.7

(a)

In the case of personal delivery, speed post or registered mail, on delivery;

(b)

In the case of telexes, telegrams and facsimiles 24 hours following confirmed transmission;

Location:
The services shall be performed at such locations as are specified in TOR.

1.8

Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be executed under
this Agreement by the Client or the CONSULTANTS/ENGINEERS may be taken or executed by the
officials as under:

For the Client

:
Chief Executive Officer & Additional District Program Coordinator of National
Rural Employment Guarantee Scheme- Madhya Pradesh Zila Panchayat Jhabua(MP) :
For the Consultant/Engineers:
__________________________
__________________________
[Fill up the blanks]
1.9
Taxes and Duties
1.9.1

For domestic CONSULTANTS/ENGINEERS who are permanent residents in India

The Consultant/Engineers 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 agreement and the Client shall
perform such duties in regard to the deduction of such tax as may be lawfully imposed.

1.9.2

For Equipment Purchased for the Client

The Client shall pay or reimburse any taxes, duties, levies and other impositions, under the applicable law,
in respect of equipment purchased by the Consultant/Engineer with the prior approval of the client, for the
purpose of carrying out services and paid for out of funds provided by the Client and which is treated as
property of the Client.

COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF AGREEMENT

Effectiveness of Agreement
This agreement shall come into force and effect on the date (the Effective Date) of the Clients notice to
the CONSULTANTS/ENGINEERS instructing them to begin carrying out of the services. The notice shall
confirm that the effectiveness conditions, if any, listed in SC have been met.

24

Termination of Agreement for Failure to Become Effective

If this Agreement has not become effective within such time period after the agreement signed by the
Parties as shall be specified in the SC, either party may, by not less than Fifteen (15) days written notice to
the other Party, declare this Agreement to be null and void, and in the event of such a declaration by either
party, neither Party shall have any claim against the other party with respect hereto.
Commencement of Services
The CONSULTANTS/ENGINEERS shall begin carrying out the Services at the end of such period after
the effective date as specified in the SC.
Expiration of Agreement
Unless terminated earlier pursuant to GC Clause 2.9 hereof, the Agreement shall expire when services have
been completed and all payments have been made at the end of such time period after the Effective date
as shall be specified in the SC.
Liability of Parties
This agreement contains all covenants, stipulations and provisions agreed by the parties. No agent or
representative of either Party has authority to make, and the Parties shall not bound by or be liable for, any
statement, representation, promise or agreement not set forth herein.
Modification
Modifications of the terms and conditions of this agreement, including any modification of the scope of the
services, may only be made by written agreement between the parties. Pursuant to GC Clause 7.2 hereof,
however, each Party shall give due consideration to any proposals for modification made by the other Party.
Force Majeure
Definition: For the purposes of this agreement, Force Majeure means an event which is beyond the reasonable control of a
party, and which makes a partys performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes, war, riot. Civil disorder,
earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other
industrial action are within the power of the party invoking force majeure to prevent, confiscation or any
other action by Government agencies.
Force Majeure shall not include
(i) Any event which is caused by the negligence or intentional action of a party or such partys subConsultant/Engineer or agent or employees, nor
(ii) Any event which a diligent party could reasonably have been expected to both (A) take into account at
the time of the conclusion of this Agreement and (B) avoid or overcome in the carrying out of its
obligations hereunder.
Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
No Breach of Agreement
The failure of a party to fulfill any of its obligations hereunder shall not be considered to be a breach of or
default under, this agreement in so far as such inability arises from an event of Force Majeure, provided
that the party affected by such an event has taken all reasonable precautions, due and reasonable alternative
measures, all with the objective of carrying out the terms and conditions of this agreement.
A party affected by an event of Force Majeure shall take all reasonable measures to remove such partys
inability to fulfill its obligations hereunder with a minimum of delay.
A Party affected by an event of Force Majeure shall notify the other party of such event as soon as possible, and
in any event not later than fourteen (14) days following the occurrence of such event, providing evidence
of the nature and cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.
The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

25

2.7.3

Consultation
Not later than thirty (30) days after the Consultant/Engineers, as the result of an event of Force Majeure,
have become unable to perform a material portion of the Services, the Parties shall consult with each other
with a view to agreeing on appropriate measures to be taken in the circumstances.

2.7.5

Extension of Time

Any period within which a Party shall, pursuant to this Agreement, 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.
Payments
During the period of their inability to perform the Services as a result of an event of Force Majuro, the
CONSULTANTS/ENGINEERS shall be entitled to be reimbursed for additional costs reasonably and
necessarily incurred by them during such period for the purposes of services and in reactivating the
Services after the end of such period.
2.8

Suspension
The Client by written notice of suspension to the Consultant/Engineers, may suspend all payments to the
CONSULTANTS/ENGINEERS hereunder, if the CONSULTANTS/ENGINEERS fail to perform any of
their obligations under this Agreement, 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/ENGINEERS to remedy such failure within a period not exceeding fifteen (15) days
after receipt by the CONSULTANTS/ENGINEERS of such notice of suspension.
The client for any reasons beyond his reasonable Control, may ask the Consultant/Engineer to suspend
whole or part of the work/services for such time till the reasons are removed or settled. The extra time
period of such duration shall be granted as time extension on the original terms and conditions.

2.9

Termination

2.9.1

By the Client
The Client, may by not less than fifteen (15) days written notice of termination to the Consultant/Engineer,
such notice to be given after the occurrence of any of the events specified in paragraphs (a) to (g) of this
Clause, terminate this Agreement:

If the CONSULTANTS/ENGINEERS fail to remedy to failure in the performance of their obligations

hereunder, as specified in a notice of suspension pursuant to GC Clause 2.8 hereinabove, within fifteen
(15) days of receipt of such notice of suspension or within such further period as the Client may have
subsequently approved in writing;
If the CONSULTANTS/ENGINEERS(or if the CONSULTANTS/ENGINEERS consists of more than one
entity, if any of their members) become insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
If the CONSULTANTS/ENGINEERS fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to GC Clause 8 hereof;
If the CONSULTANTS/ENGINEERS submit to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the CONSULTANTS/ENGINEERS know to be false;
If as the result of Force Majuro, the CONSULTANTS/ENGINEERS are unable to perform a material portion of
the Services for a period of not less than Sixty (60) days;
If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Agreement.
If the Consultant/Engineer, in the judgment of the Client, has engaged in corrupt or fraudulent practices in
competing for or in executing the agreement.

26

For the purpose of this clause:

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 agreement execution.
Fraudulent Practice means a misrepresentation of facts in order to influence a selection process or the execution
of a agreement to the detriment of the Borrower, and includes collusive practice among
CONSULTANTS/ENGINEERS (prior to or after submission of proposals) designed to establish prices at artificial
non-competitive levels and to deprive the Borrower of the benefits of free and open competition.
2.9.2

By the Consultant/Engineers

The CONSULTANTS/ENGINEERS may, 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) to (d) of this Clause, terminate this
agreement:
If the Client fails to pay any money due to CONSULTANTS/ENGINEERS pursuant to this agreement and not
subject to dispute pursuant to GC Clause 8 hereof within forty five (45) days after receiving written notice
from the CONSULTANTS/ENGINEERS that such payment is overdue;
If the Client is in material breach of its obligations pursuant to this agreement and has not remedied the same within
forty five (45) days (or such longer period as the CONSULTANTS/ENGINEERS may have subsequently
approved in writing) following the receipt by the Client of the Consultant/Engineers notice specifying
such breach;
If as the result of Force Majuro, the CONSULTANTS/ENGINEERS are unable to perform a material potion of the
services for a period of not less than sixty (60) days; or
If the Client fails to comply with any final decision reached as a result of arbitration pursuant to GC clause 8 hereof.
2.9.3

Cessation of Rights and Obligations

Upon termination of this Agreement pursuant to GC Clauses 2.2 or 2.9 hereof, or upon expiration of this
Agreement pursuant to GC Clause 2.4 hereof, 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,
(ii) The obligation of confidentiality set forth in GC Clause 3.3 hereof,
(iii) The Consultant/Engineer's obligation to permit inspection, copying and auditing of their accounts and
record set forth in GC Clause 3.6 hereof,
(iv) The Consultant/Engineers obligations regarding default in performance of the services in accordance
of the provisions of the agreement and for any loss suffered by the Client, whereof, as a result of such
default, and
(v) Any right, which a party may have under the Applicable Law.

2.9.4

Cessation of Services
Upon termination of this agreement by notice of either to the other pursuant to GC Clauses 2.9 or GC 2.9.2
hereof, the CONSULTANTS/ENGINEERS 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/ENGINEERS and equipment and materials furnished by the Client, the
CONSULTANTS/ENGINEERS shall proceed as provided, by GC Clause 3.8.

Payment upon Termination

Upon termination of this agreement pursuant to GC Clauses 2.9.1 or 2.9.2 hereof, the Client shall make the
payment pursuant to GC clause 6 hereof for services satisfactorily performed prior to the effective date of
termination, subject to other conditions of this agreement, to the CONSULTANTS/ENGINEERS (after
offsetting against these payments any amount that may be due from the CONSULTANTS/ENGINEERS to
the Client):

2.9.6

Disputes about Events of Termination

27

If either Party disputes whether an event specified in paragraphs (a) to (c) GC Clause 2.9.1 or in GC
Clause 2.9.2 hereof has occurred, such party may, within (30) days after receipt of notice of termination
from the other party, refer the matter to arbitration pursuant to GC Clause 8 hereof.
3.

OBLIGATIONS OF THE CONSULTANTS/ENGINEERS

3.1

General

3.1.1

Standard of Performance
The CONSULTANTS/ENGINEERS 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 and effective equipment, machinery, materials and methods. The
CONSULTANTS/ENGINEERS shall always act, in respect of any matter relating to this Agreement or to
the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client s
legitimate interests in any dealings with Sub-CONSULTANTS/ENGINEERS or Third Parties.

3.1.2

Law Governing Services

The CONSULTANTS/ENGINEERS shall perform the Services in accordance with the Applicable Law
and shall take all practicable steps to ensure that any Sub-Consultant/Engineers, as well as any personnel
of the Consultant/Engineer and/or sub-CONSULTANTS/ENGINEERS and agents, comply with the
Applicable Law time being in force. The Client shall advise the CONSULTANTS/ENGINEERS in writing
of relevant local customs and the CONSULTANTS/ENGINEERS shall, after such notice, respect such
customs.

3.2

Conflict of Interests

3.2.1

CONSULTANTS/ENGINEERS not to benefit from Commissions discounts etc.

The remuneration of the CONSULTANTS/ENGINEERS pursuant to GC Clause 6 hereof shall constitute
the Consultant/Engineers sole remuneration in connection with this agreement or the services and subject
to GC Clause 3.2.2 hereof, the CONSULTANTS/ENGINEERS shall not accept for their own benefit any
trade commission, discount or similar payment in connection with activities pursuant to this Agreement or
to the Services or in the discharge of their obligations hereunder, and the CONSULTANTS/ENGINEERS
shall use their best efforts to ensure that any of the Personnel and agents of either of them, similarly shall
not receive any such additional remuneration.

3.2.2

Procurement Rules of Funding Agencies

If the Consultant/Engineer, as part of the Services, have the responsibility of advising the Client on the
procurement of goods, works or services, the CONSULTANTS/ENGINEERS shall comply with any
applicable procurement guidelines applicable in the state of Madhya Pradesh and shall at all times perform
such responsibility in the best interest of the Client. Any discounts or commissions obtained by the
CONSULTANTS/ENGINEER Sin the exercise of such procurement responsibility shall be for the account
of the Client.

CONSULTANTS/ENGINEERS and Affiliates not to engage in certain activities

The CONSULTANTS/ENGINEERS agree that, during the term of this agreement and after its termination,
the CONSULTANTS/ENGINEERS and any entity affiliated with the Consultant/Engineers, as well as any
sub-Consultant/Engineer and any entity affiliated with such sub-Consultant/Engineer, shall be disqualified
from providing goods, works or services (other than the services and any continuation thereof) for any
Project resulting to the Services.
3.2.4

Prohibition of Conflicting Activities

The CONSULTANTS/ENGINEERS shall not engage and shall cause their personnel as well as SubCONSULTANTS/ENGINEERS and their Personnel not to engage, either directly or indirectly in any of
the following activities:

28

(a) During the term of this agreement, any business or professional activities in the State of Madhya
Pradesh, which would conflict, with the activities assigned to them under this Agreement.
Confidentiality
The Consultant/Engineers, their sub-CONSULTANTS/ENGINEERS and the personnel of either of them
shall not, either during the term or within two (2) years after the expiration of this Agreement, disclose any
proprietary or confidential information relating to the project, the services, this agreement or the Clients
business or operations without the prior written consent of the Client.
3.4

Deleted

3.5

Insurance to be taken out by the Consultant/Engineers

The CONSULTANTS/ENGINEERS(i) shall take out and maintain, and shall cause any SubCONSULTANTS/ENGINEERS to take out and maintain at their (or the SubConsultant/Engineers/Engineer, as the case may be) own cost but on terms and conditions approved by the
Client, insurance against the risks, and for the coverages, as specified in the Appendix III, Data sheet for
RFP, in Para 3 of clause 3.2; and (ii) At the Clients request, shall provide evidence to the Client showing
that such insurance has been taken out and maintained and that the current premiums therefore have been
paid.

3.5

Accounting, Inspection and Auditing

The CONSULTANTS/ENGINEERS(i) shall keep accurate and systematic accounts and records in respect
of the Services, hereunder, in accordance with accepted accounting principles and in such form and detail
as will clearly identify all relevant time charges and cost, and the bases thereof and (ii) shall permit the
Client or its designated representative periodically, and up-to one year from the expiration or termination
of this agreement, to inspect the same and make copies thereof as well as to have them audited by auditors
appointed by the Client .

3.6

Consultant/Engineers Actions requiring Clients prior Approval

The CONSULTANTS/ENGINEERS shall obtain the Clients prior approval in writing before taking any of
the following actions:

Appointing such members of the Personnel as are listed in Annexure I TOR merely by title but not by name;
Entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection
of the Sub-Consultant/Engineer and the terms of conditions of the Sub-Contract shall have been approved
in writing by the Client prior to the execution of the sub-contract, and (ii) that the
CONSULTANTS/ENGINEERS shall remain fully liable for the performance of the Services by the subConsultant/Engineer and its personnel pursuant to this agreement;
Any other action as may be specified in SC.
3.7

Reporting Obligations
The CONSULTANTS/ENGINEERS shall submit to the Client the reports and documents specified in
section-7 of Annexure I TOR hereto, in the form, in the numbers and within the time period set forth in the
said Annexure and also furnish specific data/information called for by the Client as and when required.

3.8

Documents Prepared by the CONSULTANTS/ENGINEERS to be the Property of the Client

All plans, drawings, specifications, designs, reports, other documents and software prepared by the
CONSULTANTS/ENGINEERS for the Client under this agreement shall become and remain the property
of the Client. The CONSULTANTS/ENGINEERS shall, not later than upon termination or expiration of
this Agreement, deliver all such documents etc. to the Client, together with a detailed inventory thereof.
The CONSULTANTS/ENGINEERS may retain a copy of such documents and software. Restrictions about
the future use of these documents and software.

29

4.

CONSULTANT/ENGINEERS PERSONNEL AND SUB CONSULTANT/ENGINEERS/ENGINEER

4.1

General
The CONSULTANTS/ENGINEERS shall employ and provide such qualified and experienced Personnel
and sub-CONSULTANTS/ENGINEERS as are required to carry out the Services.

4.2

Description of Personnel
The titles, agreed job descriptions, minimum qualifications and approximate period of engagement in carrying
out of the Services of each of the Consultant/Engineers Key Personnel are described in Appendix
Annexure-II and I.
If additional work is required beyond the scope of the Services specified in TOR, the estimated periods of
engagement of Key Personnel set forth in Annexure-II, may be increased by agreement in writing between
the Client and the Consultant/Engineers/Engineer, provided that any such increase shall not, except as
otherwise agreed, cause payments under this Agreement to exceed the ceilings set forth in GC Clause 6.1
(b) of this agreement.

4.3

Approval of Personnel
The Key Personnel and Sub-CONSULTANTS/ENGINEERS listed by title as by name are hereby
approved by the Client. In respect of other personnel, which the CONSULTANTS/ENGINEERS propose
to use in the carrying out of the Service, the CONSULTANTS/ENGINEERS shall submit to the Client for
review and approval of a copy of their biographical data and a copy of medical certificate. If the Client
does not object in writing (stating the reasons for the objection) within thirty (30) calendar days from the
date of receipt of such biographical data and such certificate, such Key Personnel shall be deemed to have
been approved by the Client.

4.4

Deleted

4.5

Removal and / or Replacement of Personnel

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 Consultant/Engineers, it becomes necessary to replace any of the Personnel,
the Consultant/Engineers, shall forthwith provide as a replacement a person of equivalent or better
qualifications acceptable to the Client, such replaced person shall be inducted only after approval by the
Client;
If the Client (i) finds that any of the Personnel has committed serious misconduct or has been charged with having
committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of
the personnel, then the CONSULTANTS/ENGINEERS shall, at the Clients written request specifying the
grounds therefore, forthwith provide as a replacement a person with qualifications and experience
acceptable to the Client.
4.6

Resident Engineer (Team Leader)

The
CONSULTANTS/ENGINEERS
shall
ensure
that
at
all
times
during
the
CONSULTANTS/ENGINEERS performance of the Services in State of Madhya Pradesh, a Resident
Engineer (Team Leader), acceptable to the Client, shall take charge of the performance of such services.

5.

OBLIGATIONS OF THE CLIENT

5.1

Assistance and Exemptions

The Client will assist to Consultant/Engineer in grant of following from Government:
Provide the Consultant/Engineers, the sub-CONSULTANTS/ENGINEERS and Personnel with work permits
and such other documents as shall be necessary to enable the Consultant/Engineers, SubCONSULTANTS/ENGINEERS and Personnel to perform the Services;

30

Assist the Consultant/Engineers, Sub-CONSULTANTS/ENGINEERS and the Personnel employed by them 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;
Grant to the Consultant/Engineer, any SUB-CONSULTANTS/ENGINEERS and the Personnel of either of
them the privilege, pursuant to the Applicable Law, of bringing into State of Madhya Pradesh reasonable
amount of currency for the purposes of the Services or use of the personnel and their dependants and of
withdrawing any such amounts as may be earned therein by the Personnel in the execution of the Services.
Access to Land
The Client warrants that the CONSULTANTS/ENGINEERS shall have free of charge unimpeded access to
all land in the State of Madhya Pradesh in respect of which access is required for the performance of the
Services.
5.3

Payment
In consideration of the Services performed by the CONSULTANTS/ENGINEERS under this agreement,
the Client shall make to the CONSULTANTS/ENGINEERS such payments and in such manner as is
provided by GC Clause 6 of this agreement.

6.

PAYMENTS OF THE CONSULTANT/ENGINEERS

6.1

The payment shall be made as per schedule given in Para- 9 of T.O.R.

Currency of Payment
Except as may be otherwise agreed between the Client and the CONSULTANTS/ENGINEERS all
payments under this agreement shall be made in Rupees only. The payments shall be made by Cheques.
6.3

The made of billing of payment shall be as below

(i) On submission of preliminary report
(ii) On submission of final report

6.4

Recovery
Any sum falling due or any loss caused due to this agreement shall be recoverable by the client from the
Consultant/Engineer as if it were arrears of land revenue.

7.

FAIRNESS AND GOOD FAITH

Good Faith
The Parties undertake to act in good faith with respect to each others rights under this agreement and to
adopt all reasonable measures to ensure the realization of the objectives of this agreement.
7.2.

Operation of the Agreement

The parties recognize that it is impractical in this agreement to provide for every contingency which may
arise during the life of the agreement, and the parties hereby agree that it is their intention that this
agreement shall operate fairly as between them, and without detriment to the interest of either of them and
that if during the term of this agreement either party believes that this agreement is operating unfairly, the
parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes
of such unfairness, but on failure to agree on any action pursuant to this Clause shall give rise to a dispute
subject to arbitration in accordance with GC Clause 8 thereof.

8.

SETTLEMENT OF DISPUTES

8.1.

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.

31

8.2

Dispute Settlement
Any dispute between the parties as to matters arising pursuant to this agreement, which cannot be settled
amicably within thirty (30) days after receipt, by one party of the other partys request for such amicable
settlement may be submitted by either party for settlement in accordance with the provisions specified in
the GC 9 of agreement.

IN WITNESS THEREOF, the parties hereto have caused this agreement to be signed in their respective names of the
day and year first above written.
FOR AND ON BEHALF OF THE CLIENT
BY
Authorized Representative

Witness:

FOR AND ON BEHALF OF THE CONSULTANT/ENGINEERS/ENGINEER

BY

Authorized Representative
8.3

Witness:

The Consultants/Engineer shall not use these documents for purposes unrelated to
this agreement without the prior written approval of the Client.

9-

If 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
Client as per provisions of Clause 8 of the agreement the same shall be referred
for settlement to the dispute redressal committee which shall consist of the
following: The Collector/Distt. Program Coordinator Chairman
Superintending Engineer, RES Indore circle Indore - Member
Superintending Engineer Water Resource Mandal Dhar.
The committee shall give its decision within 60 days.
Any party not satisfied with the decision of the committee shall be free to refer
the case to the Arbitration Tribunal constituted under M.P. Madhyastham
Adhikaran Adhiniyam 1983

32

APPENDIX-III
Appendix IV: Form of Bank Guarantee for Advance Payments (Reference Para of SC 6.4(a) of
Agreement)
(To be stamped in accordance with Stamp act, if any, of the country of issuing bank)
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 agreement by issue of
client's Agreement No. ____________dated __________and the same having been unequivocally accepted by the
Consultant,, resulting in a Agreement valued at ____________ for _________________ Agreement (hereinafter
called the (scope of work)and the Client having agreed to make an advance payment to the Consultant for
performance of the above Agreement amounting to _____________(in words and figure) as an advance against
Bank Guarantee to be furnished by the consultant.
We________________(Name of the Bank) having its Head Office at _________here in after 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
________@ ___________ with out 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 not
with standing 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 agreement 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 enforce any covenants, contained or implied, in the Agreement
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.

33

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.
We bank .. hereby also undertake to have the signature of Branch Manager issuing the Bank Guarantee
verified from the local branch of the bank in M.P.
Notwithstanding anything contained here 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.
Dated this ______________day of__________ 20 _______ at_________________ _
WITNESS
____________________
(Signature)
_____________________
(Name)
______________________
_______________________

_______________________
(Signature)
________________________
(Name)
__________________________
____________________________

___________________

______________________

(Official Address)

Designation (with Bank stamp)

Attorney as per Power of

Dated_________________

Attorney No__________

(Strike out which ever is not applicable)

[Note 1: The stamp papers of appropriate value shall be purchased in the name of bank that issues the "Bank
Guarantee".
Note 2: The bank guarantee shall be from a Nationalized Indian Bank.

34

Annexure VI

Details of the works executed as consultant (in the same name) during last 3 years
(including current year)

Name of
Employer

Name
of
Project

Descriptio
n of work

Nature of job
performed as
consultant

Cost of
Project

Road
Length

35

Date of
work
order

Stipulated
period of
completion

Actual date
of
completion

Consultancy
fee
received

Annexure VII
Information regarding existing commitments and ongoing works

Name of
Employer

Name
of
Project

Description
of work

Nature of
job
performed
as
consultant

Consultancy
fee as per
agreement

Cost of
Project

36

Date
of
work
order

Stipulated
period of
completion

Work
completed
upto the
end of
Feb. 2004

Cost of
balance
work