Beruflich Dokumente
Kultur Dokumente
of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
March 2017
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
CONTENTS
TITLE Page No
DATASHEET.. 30 33
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
ALL BIDDERS
Dear Sir,
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
5. The request for proposal (the RFP) document can be viewed / downloaded
from the PWD website (i.e. http://www.pwd.in) and also from e-tendering
portal http://www.wbtenders.gov.in from 21.03.2017 to 18.04.2017 up to
17.00 hrs. IST. Bid must be submitted online at http://www.wbtenders.gov.in
on or before 18.04.2017 (up to 17.00 hours IST). Bids received online shall be
opened on 21.04.2017 (at 11.00 hours IST).
6. The two parts of the Proposal (Technical proposal and Financial proposal) must be
submitted on-line with all pages numbered serially, along with an index of
submission as per procedure under e-tendering. The technical proposal is also
required to be submitted in a hard bound form exactly as per submission
made online with all pages numbered serially along with an index of
submission. The Financial proposal is to be submitted online only.
Submission in any other form shall not be acceptable.
7. The hard copies of the technical proposal along with the Power of Attorney,
joint bidding agreement and / or any other specified documents shall be
submitted physically by the Bidder on or before 21.04.2017 (up to 11.00 hours
IST) to:
Project Director,
Project Implementation Unit-I, PWRD
C/o Chief Engineer (Hq.), PWD
NABANNA, West Bengal Secretariate
Howrah 711102
8. The Consultant shall be selected under Quality and Cost based selection
method (QCBS) and procedures described in this RFP. The Proposal shall
consist of two parts which are as follows:
(i) Part 1: Technical Proposal; and
(ii) Part 2: Financial Proposal.
The Part 1 of the proposal i.e. the Technical Proposal would be opened first.
The Consultants qualifying in the first stage would be considered for further
evaluation. The Financial Proposal of only those Shortlisted Consultants
would be opened, which score qualifying marks in the Technical evaluation.
The final selection of the Consultant would be based on combined score of the
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
11. Proposal must be received not later than 17-00 hrs on 18.04.2017 (the
Proposal Due Date) in the manner specified in the RFP document
12. PWD shall not be responsible for any delay in receiving the Proposal and
reserves the right to accept/reject any or all Proposals without assigning any
reason whatsoever.
Yours sincerely,
Project Director,
Project Implementation Unit-I, PWRD
C/o Chief Engineer (Hq.), PWD
NABANNA, West Bengal Secretariate
Howrah 711102
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1. INTRODUCTION
Definition
a) Assignment shall have the meaning set forth in the Data Sheet.
c) Bid Security shall have the meaning as ascribed under Clause 1.20.
f) Contract means the Contract signed between the Client and the Consultant
after selection of the same under this RFP and all the attached documents
listed in its Clause 1 i.e. the General Conditions (GC), the Special Conditions
(SC), and the Appendices.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
n) RFP means the Request for Proposal document provided by the Client to
the Applicants for the purpose of selection of the Consultant.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
(*) Note: The weightage given for experience of a firm would depend on the
role of the firm in the respective assignments. The firms experience would get
full credit if it was the sole firm in the respective assignment. In case it was a
lead firm, it would get 75% weightage; if it was the other partner in a
Consortium of two firms or an associate, it would get 25% weightage for the
respective assignment. For Joint Ventures with more than three firms,
experience shall not be eligible for evaluation.
The Proposal of an applicant, which does not fulfil all or any above-mentioned
Conditions of Eligibility, shall be summarily rejected by PWD.
1.3 Applicants are advised that the selection of the Consultant shall be on the
basis of evaluation by PWD through the Selection Process specified in
this RFP. Applicants shall be deemed to have understood and agreed that
no explanation or justification for any aspect of the Selection Process will be
given and that PWDs decision with regard to selection of the Consultant
is without any right of appeal whatsoever.
1.4 Each applicant shall submit its Proposal in the form and manner specified
in this RFP and any Proposal that deviates from such form and manner as
specified in this RFP shall be liable to be summarily rejected by PWD. The
Technical Proposal shall be submitted in the form specified at Section 3 and
the Financial Proposal shall be submitted in the form specified at Section 4.
Upon selection, the Consultant shall be required to enter into an agreement
with PWD in the form specified at Section 6 (the Agreement).
1.5 The Applicants are encouraged to familiarize themselves with the Assignment
and local conditions before submitting their Proposals and pay a visit to the
Client and the site of the Project before submitting a Proposal and to attend a
pre-proposal conference on the specified date and time. as specified in the
Data Sheet. For the avoidance of doubt, please note that attending the pre-
proposal conference is optional.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1.9. Communications
All communications including the Proposal should be addressed to:
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Project Director,
Project Implementation Unit-I, PWRD
C/o Chief Engineer (Hq.), PWD
NABANNA, West Bengal Secretariate
Howrah 711102
Ph: (033)22143619
Fax: (033)22143343
e-mail: pdpimpu1pwd@gmail.com; pdpimpu1pwd@wb.gov.in
(b) an applicant does not provide, within the time specified by PWD, the
supplemental information sought by the Authority for evaluation of its
Proposal.
Conflict of Interest
1.13 The Client requires that Applicant provides professional, objective, and
impartial advice and at all times hold the Clients interests paramount, strictly
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
avoid conflicts with other assignments or their own corporate interests and act
without any consideration for future work.
1.14 Without limitation on the generality of the foregoing, the Applicant, and any
of their Affiliates, shall be considered to have a conflict of interest and shall
not be recruited, under any of the circumstances set forth below
A firm that has been engaged by the Client to provide goods, works or
services other than consulting services for a project and any of its
Affiliates, shall be disqualified from providing consulting services
related to those goods, works or services. Conversely, a firm hired to
provide consulting services for the preparation or implementation of a
project and any of its Affiliates, shall be disqualified from
subsequently providing goods or works or services other than
consulting services resulting from or directly related to the firms
consulting services for such preparation or implementation. For the
purpose of this paragraph, services other than consulting services are
defined as those leading to a measurable physical output, for example
surveys etc.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1.16 No agency or current employees of the Client shall work as Consultants under
their own ministries, departments or agencies. Recruiting former employees of
the Client to work for their former ministries, departments or agencies is
acceptable provided no conflict of interest exists. When the Consultant
nominates any government employee as a Personnel in their Technical
Proposal, such Personnel must have written certification from their respective
government department or employer confirming that they are on leave without
pay from their official position and allowed to work full-time outside of their
previous official position. Such certification shall be provided to the Client by
the Shortlisted Consultants as part of their Technical Proposal.
The Applicants shall observe the highest standard of ethics during the
selection process and execution of the Contract. In pursuance of the above, the
PWD:
a) defines, the following terms which shall have the meaning hereinafter
respectively assigned to them:
b) shall reject a Proposal for award and appropriate the Bid Security, if it
determines that the Applicant has, directly or through an agent,
engaged in corrupt, fraudulent, collusive or coercive practices in
competing for the award of any contract.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
The consultancy team of the applicants shall consist of the following key
personnel (the Key Personnel), who must fulfil the conditions of
eligibility as specified below:
Sl. Key Qualification
No. personnel
1 Project Team Graduate in Civil Engineering with at least 20 years
Leader cum professional experience of handling highway projects. He
Highway should have worked as Resident Engineer/Project Manager
Engineer or equivalent for minimum 10 years on
supervision/construction of highway projects with use of
modem construction techniques
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Applicants requiring any clarification on the RFP may send their queries
to PWD in writing to the address mentioned at Clause 1.9 before the date
mentioned in the schedule of Selection Process at Clause 1.8, by post, fax or
e-mail.
At any time prior to the Proposal Due Date, PWD may, for any reason,
whether at its own initiative or in response to clarifications requested by an
applicant, modify the RFP by the issuance of an addendum/ amendment/
corrigendum and posting it on its official website, i.e., http://www.pwd.in In
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
3 PREPARATION OF PROPOSALS
3.1. Language
3.2.1. The applicants shall provide all the information sought under
this RFP. PWD would evaluate only those Proposals that are received
in the specified forms and complete in all respects.
3.2.2. The Standard Forms (Section 3) of the Technical Proposal are listed
below:
TECH 1: Technical Proposal Submission Form
TECH 2: Particulars of the Applicant
TECH 2A: Memorandum of Understanding
TECH 3: Power of Attorney
TECH 3A: Power of Attorney for Joint Venture
TECH 4: Financial Capacity of the Applicant
TECH 5: Abstract of the eligible assignment of the Applicant.
TECH 6: Firms References
TECH 7: Comments or Suggestions on the Terms of Reference
TECH 8: Description of the Approach, Methodology and Work
Plan for performing the assignment
TECH 9: Team composition and task assignment
TECH 10: Curriculum Vitae (CV) for proposed Key Personnel
TECH 11: Staffing Schedule.
TECH 12: Work Schedule
The Standard Forms (Section 4) of the Financial Proposal are listed
below:
FIN-1: Financial Proposal submission form
FIN-2: Summary of costs
FIN-3: Breakdown of costs by activity
FIN-4: Breakdown of remuneration
FIN-5: Reimbursable expenses
3.2.3.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
3.2.5. In the event that the applicant constitutes a Joint Venture, the
applicant shall submit (i) a copy of the memorandum of
understanding executed between members of the Joint Venture in the
format prescribed in Tech 2A of Section 3 of this RFP, and (ii) a
power of attorney (executed by all members of the Joint Venture) in
favour of the designated Lead Member of the Joint Venture in the
format prescribed in Tech 3A of Section 3 of this RFP, that authorizes
the designated Lead Member of the Joint Venture to act for and on
behalf of the Joint Venture and all the members of the Joint Venture
and to legally bind such Joint Venture and all the members of the
Joint Venture in any contractual or similar documentation. The
memorandum of understanding in accordance with Tech 2A of
Section 3 and power of attorney for Lead Member of Joint Venture in
accordance with Tech 3A of Section 3 shall be attached to Tech-1,
Standard Forms (Section 3) and submitted as part of the Technical
Proposal of such applicant.
The memorandum of understanding shall identify the Lead Member.
All members of the Joint Venture shall sign the Proposal unless the
Lead Member is empowered to do so in the power of attorney.
It is hereby clarified that an Applicant (either single or in joint
venture) is not permitted to have sub-Consultants or Associates
during submission of the Proposal.
Applicants should note the Proposal Due Date, as specified in Clause
1.8, for submission of Proposals. Except as specifically provided in
this RFP, no supplementary material will be entertained by PWD
and evaluation will be carried out only on the basis of Documents
received by the closing time of the Proposal Due Date.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
(a) All forms are submitted in the prescribed formats and signed by
the authorized signatories;
(b) Curriculum Vitae (CV) of all Professional Personnel (as defined
hereinafter) have been included;
(c) Key Personnel have been proposed only if they meet the
Conditions of Eligibility laid down at Clause 1.21 of this RFP;
(d) No alternative proposal for any Key Personnel is being made
and only one Curriculum Vitae (CV) for each position has been
furnished;
(e) Professional Personnel proposed have good working knowledge
of English language;
(f) Key Personnel would be available for the period indicated in the
TOR;
(g) Bid Security as specified in this RFP has been provided;
(h) Power of attorney, if applicable, is executed as per
applicable laws;
(j) The Proposal is responsive as per Clause 3.9.3.
(k) In case of Joint Venture, a copy of the memorandum of
understanding executed between the members of such Joint
Venture and a power of attorney in favour of the Lead
Member of the Joint Venture are submitted along with the
Proposal
3.3.3. Failure to comply with the requirements spelt out in this Clause 3.3
shall make the Proposal liable to be rejected.
3.3.6. The Ministry of Road Transport & Highways has developed INFRACON
(www.infracon.nic.in) which is comprehensive National Portal for
Infrastructure Consultancy firms & Key Personnel. This portal enables the
consultancy firms and key personnel to register themselves and upload their
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
credentials public domain. The portal has the facility to host Firms &
personnel credentials online with option to link to Aadhar & Digilocker for
data validity and purity. It is mandatory for the Consultants to register on
INFRACON portal.
3.3.7. PWD reserves the right to verify all statements, information and
documents, submitted by an applicant in response to this RFP.
3.4.1. Applicants shall submit the financial proposal in the format specified
at Section 4 (the Financial Proposal) clearly indicating the total
cost of providing the Consultancy in both figures and words, in
Indian Rupees and signed by the applicants authorised
representative. In the event of any difference between figures and
words, the amount indicated in words shall prevail.
3.4.2. While submitting the Financial Proposal, all applicants shall ensure
the following:
(i) All the costs associated with the assignment shall be included
in the Financial Proposal. These shall normally cover (a)
remuneration including per diem for staff and (b) reimbursable
expenses indicated in the Data Sheet. All activities and items
described in the Technical Proposal must be priced separately;
activities and items described in the Technical Proposal but not
priced, shall be assumed to be included in the prices of other
activities or items. The total amount indicated in the Financial
Proposal shall be without any condition attached or subject
to any assumption, and shall be final and binding. In case any
assumption or condition is indicated in the Financial Proposal,
it shall be considered non-responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all expenses and
tax liabilities. For the avoidance of doubt, it is clarified that all
taxes shall be deemed to be included in the costs shown under
different items of the Financial Proposal. Further, all payments
shall be subject to deduction of taxes at source as per
applicable laws. However, service tax, at applicable rates, shall
be reimbursed by the Authority on submission of documentary
evidence of deposit of service tax, to appropriate authorities.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
3.5.4. The original and all copies of the Technical Proposal shall be
placed in a sealed envelope clearly marked TECHNICAL
PROPOSAL, which will bear the address of PWD, as indicated at
Clause 1.9, and shall bear the name and address of the applicant. It
shall bear on top, Do not open, except in presence of an
authorised person of PWD. The name of the work should be
specified as Construction Supervision for Strengthening /
Strengthening & Widening of State highways and district roads of
Public Works Department (PWD), Govt. of West Bengal for some
selected road sections grouped into different consultancy packages
separately for each consultancy package having commencement of
civil works in 2017.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
3.6.2. PWD may, in its sole discretion, extend the Proposal Due Date
by issuing an addendum in accordance with Clause 2.2 uniformly
for all applicants.
3.7. Late Proposals
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Public Works (Roads) Directorate
Project Implementation Unit - I
EVALUATION PROCESS
(d) DELETED;
(e) Bid Security has been provided as specified in Clause 1.20; and
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
3.9.6. PWD reserves the right to reject any Proposal which is non-
responsive and no request for alteration, modification, substitution or
withdrawal shall be entertained by PWD in respect of such Proposal.
3.9.8. After the technical evaluation, PWD shall prepare a list of pre-
qualified and shortlisted applicants for opening of their Financial
Proposals. The result of technical evaluation and the date, time and
venue for opening of Financial Proposals will be uploaded on the
website of PWD (i.e. http://www.pwd.in) / e-tendering portal
http://www.wbtenders.gov.in. The Authority shall also notify those
Consultants whose Proposals did not meet the minimum qualifying
mark or were considered non-responsive to the RFP and TOR, that
their financial proposals will remain unopened. The opening of
Financial Proposals shall be done in the presence of the respective
representatives of the applicants who choose to be present. PWD will
not entertain any query or clarification from applicants who fail to
qualify any of the stages of the Selection Process. The financial
evaluation and final ranking of the Proposals shall be carried out in
terms of Clauses 4.2 and 4.3.
3.9.9. Applicants are advised that selection will be entirely at the discretion
of PWD. Applicants will be deemed to have understood and agreed
that no explanation or justification on any aspect of the Selection
Process will be given.
3.9.10. Any information contained in the Proposal shall not in any way be
construed as binding on PWD, its agents, successors or assigns, but
shall be binding against the applicant if the Consultancy is
subsequently awarded to it.
3.10. Confidentiality
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Public Works (Roads) Directorate
Project Implementation Unit - I
3.11. Clarifications
APPOINTMENT OF CONSULTANT
3.12. Negotiations
The Selected Applicant may, if necessary, be invited for negotiations. The
negotiations may not be necessarily for reducing the price of the Proposal,
but also for re-confirming the obligations of the Consultant under this RFP.
Issues such as deployment of Key Personnel, understanding of the RFP,
methodology and quality of the work plan shall be discussed during
negotiations.
3.13.1. PWD will not normally consider any request of the Selected
Applicant for substitution of Key Personnel as the ranking of the
Selected Applicant will be based on the evaluation of Key Personnel
and any change therein may upset the ranking. Substitution will,
however, be permitted at the sole discretion of PWD if the Key
Personnel is not available for reasons of any incapacity, death or due
to health reasons, subject to equally or better qualified and
experienced personnel being provided to the satisfaction of PWD.
3.14. Indemnity
The Consultant shall, subject to the provisions of the Agreement, indemnify
PWD for any direct loss or damage that is caused due to any deficiency in
services on the part of the Consultant during implementation of the
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Public Works (Roads) Directorate
Project Implementation Unit - I
Consultancy and fulfilment of the terms and conditions specified in this RFP
and the Agreement.
After issuance of the LOA in favour of the Selected Applicant and after
receiving the Performance Security from such Selected Applicant, the LOA
and the Acknowledgement of receiving the Performance Security will be
uploaded in the e-procurement portal by PWD. The Selected Applicant shall
execute the Agreement within 7 (seven) days of the date of such
acknowledgement by PWD. The Selected Applicant shall not be entitled to
seek any deviation in the Agreement.
It is hereby clarified that in the event the Selected Applicant is a Joint
Venture, then the Authority shall execute the Agreement with each of the
members forming a part of such Joint Venture
The Consultant shall commence the Consultancy at the Project Site with
immediate effect from the date of the Agreement or such other date as may
be mutually agreed. If the Consultant fails to either sign the Agreement as
specified in Clause 3.16 or commence the Consultancy as specified herein,
PWD may invite the second ranked applicant for negotiations.
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Public Works (Roads) Directorate
Project Implementation Unit - I
4.1.1. From the time of the opening of the Technical Proposals till the time
the Contract is awarded, the Shortlisted Consultants should not
contact the Client on any matter related to its Technical and/or
Financial Proposal. Any effort by Shortlisted Consultants to influence
the Client in the examination, evaluation, ranking of Proposals, and
recommendation for award of Contract may result in the rejection of
the Shortlisted Consultants Proposal.
Evaluators of Technical Proposals shall have no access to the
Financial Proposals until the technical evaluation is concluded.
4.1.2. The evaluation committee shall evaluate the Technical Proposals on
the basis of their responsiveness to the Terms of Reference, applying
the evaluation criteria, sub-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 RFP, and particularly the Terms of Reference
or if it fails to achieve the minimum technical score indicated in the
Data Sheet.
Sf = 100 x Fm/F
where, Sf is the financial score, Fm is the lowest price and F the price of the
Proposal under consideration.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
5. PRE-PROPOSAL CONFERENCE
5.2 During the course of the pre-proposal conference, the applicants will be free
to seek clarifications and make suggestions for consideration of the Authority.
The Client shall endeavor to provide clarifications and such further
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
6. MISCELLANEOUS
7.1 The Selection Process shall be governed by, and construed in accordance
with, the laws of India and the courts at Kolkata shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/or in connection
with the Selection Process.
7.2 The Client, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to:
(a) suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or modify the dates or other terms
and conditions relating thereto;
(c) retain any information and/or evidence submitted to the Authority by,
on behalf of and/or in relation to any applicant; and/or
(d) independently verify, disqualify, reject and/or accept any and all
submissions or other information and/or evidence submitted by or on
behalf of any applicant.
7.3 It shall be deemed that by submitting a Proposal, the applicant agrees and
releases the Client, its employees, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from
the exercise of any rights and/or performance of any obligations hereunder,
pursuant hereto and/or in connection herewith and waives any and all rights
and/or claims it may have in this respect, whether actual or contingent,
whether present or future.
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Public Works (Roads) Directorate
Project Implementation Unit - I
INFORMATION TO CONSULTANTS
DATA SHEET
Reference paragraph
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Public Works (Roads) Directorate
Project Implementation Unit - I
Time: 3-00 PM
1.19 Proposals must remain valid for 120 days after the Proposal Due Date
3.4.2 (i)
(1) cost of necessary travel, including transportation of the Personnel by the most
appropriate means of transport and the most direct practicable route;
(3) cost of applicable local communications such as the use of telephone and
facsimile required for the purpose of the Services;
(5) cost of printing and dispatching of the reports to be produced for the Services;
(6) other allowances where applicable and provisional or fixed sums (if any); and
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Public Works (Roads) Directorate
Project Implementation Unit - I
(7) cost of such further items required for purposes of the Services not covered in
the foregoing.
4.1.2 Criteria, sub-criteria, and point system for the evaluation of Full Technical
Proposals are:
Points
(i) Specific experience of the Applicant relevant to the
assignment:
a) Experience in Construction Supervision/IC 12
b) Experience in preparation of DPR/FS cum DPR 8
Total points for criteria (i) 20
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Public Works (Roads) Directorate
Project Implementation Unit - I
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Public Works (Roads) Directorate
Project Implementation Unit - I
Refer to reference paragraph 3.4 of the Data Sheet for format of Technical Proposal to
be submitted and paragraph 3.4 of Section 2 of the RFP for Standard Forms required
and number of pages recommended
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
[Location, Date]
With reference to your RFP Document dated [],we, having examined all relevant
document and understood their contents, hereby submit our Proposal for selection as
Consultant for Construction Supervision for Strengthening / Strengthening &
Widening of State highways and district roads in _________________[Specify the
name of the package or packages, for which such application is intended] out of
seven consultancy packages of Public Works Department (PWD), Govt. of West
Bengal for some selected road sections grouped into different consultancy packages
separately for each consultancy package having commencement of civil works in
2017. The proposal is unconditional and unqualified and includes this Technical
Proposal, and a Financial Proposal sealed under a separate envelope.
If the applicant is a Joint Venture, insert the following: We are submitting our
Proposal as a Joint Venture with: [Insert a list with full name and the legal address of
each member, and indicate the Lead Member]. We have attached a copy [insert: of
the memorandum of understanding of the Joint Venture] signed by every
participating member, which details the likely legal structure of and the confirmation
of joint and severable liability of the members of the said Joint Venture.
We hereby declare that all the information and statements made in this Proposal are
true and correct and all documents accompanying such Proposal are true copies of
their respective originals.
We shall make available to the Public Works Department (PWD), Govt. of West
Bengal any additional information it may deem necessary or require for
supplementing or authenticating the Proposal.
We declared that
b) We do not have any conflict of interest in accordance with the RFP Document;
and
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Public Works (Roads) Directorate
Project Implementation Unit - I
We hereby irrevocably waive any right or remedy which we may have at any stage at
all or howsoever otherwise arising to challenge or question any decision taken by
PWD in connection with the selection of Consultant or in connection with the
Selection Process itself in respect of the above mentioned Project.
We agree and understand that the proposal is subject to the provisions of the RFP
document. In no case, shall we have any claim or right of whatsoever nature if the
Consultancy for the Project is not awarded to us or our proposal is not opened or
rejected.
We have studied RFP and all other documents carefully and also surveyed the site of
the Project. We understand that except to the extent as expressly set forth in the
Contract, we shall have no claim, right or title arising out of any documents or
information provided to us by PWD or in respect of any matter arising out of or
concerning or relating to the Selection Process including the Award of Consultancy.
If negotiations are held during the period of validity of the Proposal, i.e., before the
date indicated in Paragraph Reference 1.19 of the Data Sheet, 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 agree and undertake to abide by all the terms and conditions of the RFP
Document. In witness thereof, we submit this Proposal under and in accordance with
the terms of the RFP Document.
We remain,
Yours sincerely,
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
[In case of Joint Venture, for each member of the Joint Venture for this assignment]
- 37 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Form TECH 2A
(Memorandum of understanding to be executed between the members of the
Joint Venture applicant)
is to be replaced by the draft of the memorandum of understanding attached
herewith.
(To be executed on stamp paper of appropriate value as applicable in the state of
execution)
AMONGST
1. [], proprietorship firm (with the proprietor having residence in India), /
limited liability partnership or partnership firm (with all the partners having residence
in India) / company registered in India under Indian Companies Act 1956 (as
amended or substituted) and having its registered office at (hereinafter
referred to as the First Part which expression shall, unless repugnant to the context
include its successors and permitted assigns)
AND
The above mentioned parties of the FIRST and SECOND PART are collectively
referred to as the Parties and each is individually referred to as a Party
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
WHEREAS
(B) The Parties are interested in jointly bidding for the Consultancy in accordance
with the terms and conditions of the RFP document and other bid documents in
respect of the Consultancy, and
(C) It is a necessary condition under the RFP document that the parties applying
jointly for the Consultancy, shall enter into this MoU and furnish a copy thereof with
the Proposal.
1.1 In this MoU, the capitalised terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.
2. Joint Venture
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
3. Covenants
3.1 The Parties hereby undertake that in the event the Joint Venture is declared as
the Selected Applicant, the LOA for awarding the Consultancy shall be
issued jointly in the name of each Party hereto and not in the name of the Joint
Venture.
3.2 After the issuance of the LOA in favour of the Parties hereto and
acknowledgement by the Authority of the receipt of Performance Security
from the Parties, as provided for under the RFP, the Authority shall execute
the Agreement, with each Party hereto being made party to such Agreement,
within 7 (seven) days of the date of such acknowledgement by the Authority.
4.1 The Parties hereby undertake to perform the roles and responsibilities as
described below:
a) Party of the First Part shall be the lead member of the Joint Venture
formed hereunder (Lead Member) and shall have the power of
attorney from the Party of the Second Part for conducting all business
- 40 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
for and on behalf of the Joint Venture and/or the Party of the Second
Part during the bidding process and until the execution of the
Agreement between the Parties and the Authority; and
b) Each Party shall bear its own costs with respect to entering into this
MoU and up to the signing of the Agreement with the Authority.
c) The Lead Member shall receive the payment on behalf of the Parties
from the Authority for the Consultancy and immediately upon receipt
of such payment, the Lead Member shall pay to the Party of the Second
Part its share of such payment, which share shall be agreed between the
Parties based on the personnel deployment and responsibilities
assigned.
5.1 The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Consultancy and in accordance with
the terms of the RFP document and the Agreement.
6.1 Each Party represents to the other Parties as of the date of this MoU that:
(a) Such Party is duly organised, validly existing and in good standing
under the laws of its incorporation and has all requisite power and
authority to enter into this MoU;
(b) The execution, delivery and performance by such Party of this MoU
has been authorised by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents
and board resolution/ power of attorney in favour of the person
executing this MoU for the delegation of power and authority to
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
execute this MoU on behalf of the said Party is annexed to this MoU,
and will not, to the best of its knowledge:
(c) this MoU is the legal and binding obligation of such Party, enforceable
in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Partys knowledge,
threatened to which it or any of its affiliates is a party that presently
affects or which would have a material adverse effect on the financial
condition or prospects or business of such Party in the fulfillment of its
obligations under this MoU or the Agreement thereafter.
7. Termination
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
7.1 This MoU shall be effective from the date hereof and shall continue in full force
and effect until expiry or termination of the Agreement, provided however, this
MoU shall cease to be operative in the following circumstances:
8. Miscellaneous
8.2 The Parties acknowledge and accept that this MoU shall not be amended by
the Parties without the prior written consent of the Authority.
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1. 2.
Notes:
1 The mode of the execution of the MoU should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
2 Each MoU should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing
this MoU for the delegation of power and authority to execute this MoU on behalf of
the members of the Joint Venture.
3 For a MoU executed and issued overseas, the document shall be legalised by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has
been executed.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Form TECH 3
Power of Attorney for Sole Firm
Know all men by these presents, We, __________________ (insert name of applicant
and address of the registered office of the applicant) do hereby constitute, nominate,
appoint and authorise Mr./ Ms......................................... [son/daughter/wife] of
____________________and presently residing at ........................................, who is
presently employed with us and holding the position of .................... as our true and
lawful attorney (hereinafter referred to as the Authorised Representative) to do in
our name and on our behalf, all such acts, deeds and things as are necessary or
required in connection with or incidental to submission of our Proposal for selection
as the Consultant for Construction Supervision for Strengthening / Strengthening &
Widening of State highways and district roads of Public Works Department (PWD),
Govt. of West Bengal for some selected road sections grouped into different
consultancy packages separately for each consultancy package having
commencement of civil works in 2017, including but not limited to, signing and
submission of all applications, proposals and other documents and writings,
participating in pre-bid and other conferences and providing information/ responses
to the Client, representing us in all matters before the Client, signing and execution of
all contracts and undertakings consequent to acceptance of our proposal and generally
dealing with the Client in all matters in connection with or relating to or arising out of
our Proposal for the said Project and/or upon award thereof to us till the entering into
of the Agreement with the Authority.
AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully
done or caused to be done by our said Authorised Representative pursuant to and in
exercise of the powers conferred by this power of attorney and that all acts, deeds and
things done by our said Authorised Representative in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us.
Capitalised terms used herein shall have the meaning assigned to them in the RFP
dated ____________.
For .......................................
Accepted
........................................
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
(Signature, name, designation and address of the Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down under law and the charter documents of the executants(s)
and when it is so required the same should be under common seal affixed in
accordance with the required procedure.
Wherever applicable, the applicant should submit for verification the extract of the
charter documents and other documents such as a resolution authorizing the issuance
of this power of attorney and power of attorney in favour of the person executing this
power of attorney for the delegation of power hereunder on behalf of the applicant.
For a power of attorney executed and issued overseas, the document will also have to
be legalised by the Indian embassy and notarised in the jurisdiction where the power
of attorney is being issued.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Form TECH 3A
Whereas Public Works Department, Government of West Bengal (the Client) has
invited proposals (Proposals) by its Request for Proposal No. ____dated ________,
2015 (RFP) for consultancy services for Construction Supervision for
Strengthening / Strengthening & Widening of State highways and district roads of
Public Works Department (PWD), Govt. of West Bengal for some selected road
sections grouped into different consultancy packages separately for each consultancy
package having commencement of civil works in 2017 (the Consultancy).
Whereas, it is necessary for the members of the Joint Venture to designate one of
them as the lead member with all necessary power and authority to do for and on
behalf of the Joint Venture, all acts, deeds and things as may be necessary in
connection with the Joint Ventures bid for the Consultancy and its execution.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
on our behalf and on behalf of the Joint Venture, all or any of such acts, deeds, or
things as are necessary or required or incidental to the submission of its bid for the
Consultancy, including but not limited to signing and submission of all applications,
bids and other documents and writings, accept the letter of award, participate in
bidders and other conferences, respond to queries, submit information/ documents,
sign and execute contracts and undertakings consequent to acceptance of the bid of
the Joint Venture and generally to represent the Joint Venture and/or each of the
member of the Joint Venture, in all its/their dealings with the Authority, and/ or any
other government agency or any person, in all matters in connection with or relating
to or arising out of the Joint Ventures bid for the Consultancy and/ or upon award
thereof till the agreement is entered into with the Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us/ Joint Venture.
Witnesses:
1
2
- 48 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Notes:
The mode of execution of the Power of Attorney should be in
accordance with the procedure, if any, laid down by the applicable law and the
charter documents of the executant(s) and when it is so required, the same should be
under common seal affixed in accordance with the required procedure.
Wherever required, the applicant(s) should submit for verification the
extract of the charter documents and documents such as a board or shareholders
resolution/ power of attorney in favour of the person executing this Power of Attorney
for the delegation of power hereunder on behalf of the applicant(s).
For a Power of Attorney executed and issued overseas, the document
will also have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by applicant(s) from countries that have signed the Hague Legislation
Convention, 1961 are not required to be legalised by the Indian Embassy if it carries
a conforming Apostle certificate.
The Representative of Lead Member of Joint Venture who is submitting the
Bid on behalf of JV shall also be duly authorized by lead Member and necessary
authorization Document in this regard ( Board Resolution / POA) shall also be
submitted along with the Bid Proposal.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Form TECH 4
[In case of Joint Venture, for each member of the Joint Venture for this assignment]
Note: The audited balance sheets of the above-mentioned financial years are
required to be attached
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Form TECH 5
Note: The applicant should provide details of only those projects that have been
undertaken by it under its own name or any name previous to the existing
name. The work must be undertaken by the entity who have materially and
substantially related to the working of the entity in its present name, i.e., by
way of amalgamation, takeover, merger, acquisition etc.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Form TECH 6
FIRMS REFERENCES
[In case of Joint Venture, for each member of the Joint Venture for this assignment]
- 52 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
[Present and justify here any modifications or improvement to the Terms of Reference
you are proposing to improve performance in carrying out the assignment (such as
deleting some activity you consider unnecessary, or adding another, or proposing a
different phasing of the activities). Such suggestions should be concise and to the
point, and incorporated in your Proposal.]
- 53 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
[Technical approach, methodology and work plan are key components of the
Technical Proposal. Applicants are suggested to present their Technical Proposal
divided into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter the Applicant should explain
its understanding of the objectives of the assignment, approach to the services,
methodology for carrying out the activities and obtaining the expected output, and the
degree of detail of such output. The Applicant should highlight the problems being
addressed and their importance, and explain the technical approach it would adopt to
address them. The Applicant should also explain the methodologies you propose to
adopt and highlight the compatibility of those methodologies with the proposed
approach.
b) Work Plan. In this chapter you should propose the main activities of the
assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Client), and delivery dates of the reports. The
proposed work plan should be consistent with the technical approach and
methodology, showing understanding of the Terms of Reference and ability to
translate them into a feasible working plan. A list of the final documents, including
reports, drawings, and tables to be delivered as final output, should be included here.
The work plan should be consistent with the Work Schedule of Form TECH-12.
c) Organization and Staffing. In this chapter the Applicant should propose the
structure and composition of its team.]
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Professional Staff
- 55 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1. Proposed Position [only one candidate shall be nominated for each position.
For Resident Engineer only, the name of the project of the specific road
section / civil works package is required to be
mentioned]:________________________________________
8. Countries of Work Experience: [List countries where staff has worked in the
last ten years]: ________________________________________________
10. Employment Record [Starting with present position, list in reverse order
every employment held by staff member since graduation, giving for each
employment (see format here below): dates of employment, name of employing
organization, positions held.]:
Employer:________________________________
Positions held:_____________________________
[List all tasks to be [Among the assignments in which the staff has been
performed under this involved, indicate the following information for those
assignment] assignments that best illustrate staff capability to handle
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
13. Undertaking:
- 57 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 2** (18+3)+(24+3)=48
6 Road Safety Auditor - 1 24
7 Junior Highway (18+24)=42
Engineer 2**
8 Quantity Surveyors 2** (18+3)+(24+3)=48
9 Jr. Bridge Engineer-2** (18+24)=42
10 Lab-in-Charge-2** (18+24)=42
11 AutoCAD Operator - 2 (18+24)=42
N
Total 396
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages = 2 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 18+24=42 months
- 58 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 5** (102+3*5)=117
6 Road Safety Auditor - 1 24
7 Junior Highway 102
Engineer 5**
8 Quantity Surveyors 5** (102+3*5)=117
9 Jr. Bridge Engineer-5** 102
10 Lab-in-Charge-5** 102
11 AutoCAD Operator - 2 24+18=42
N
Total 714
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages = 5 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 18+24+24+18+18=102 months
- 59 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 5** (84+3*5)=99
6 Road Safety Auditor - 1 24
7 Junior Highway 84
Engineer 5**
8 Quantity Surveyors 5** (84+3*5)=99
9 Jr. Bridge Engineer-5** 84
10 Lab-in-Charge-5** 84
11 AutoCAD Operator - 2 12+24=36
N
Total 618
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages = 5 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 12+12+18+24+18=84 months
- 60 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 9** (162+3*9)=189
6 Road Safety Auditor - 1 24
7 Junior Highway 162
Engineer 9**
8 Quantity Surveyors 9** (162+3*9)=189
9 Jr. Bridge Engineer-9** 162
10 Lab-in-Charge-9** 162
11 AutoCAD Operator - 2 24+24=48
N
Total 1044
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages = 9 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 12+12+18+24+18+18+24+18+18=162 months
- 61 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 7** (126+3*7)=147
6 Road Safety Auditor - 1 24
7 Junior Highway 126
Engineer 7**
8 Quantity Surveyors 7** (126+3*7)=147
9 Jr. Bridge Engineer-7** 126
10 Lab-in-Charge-7** 126
11 AutoCAD Operator - 3 24+18+18=60
N
Total 864
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages =7 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 24+18+18+18+18+12+18=126 months
- 62 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 6** (84+3*6)=102
6 Road Safety Auditor - 1 24
7 Junior Highway 84
Engineer 6**
8 Quantity Surveyors 6** (84+3*6)=102
9 Jr. Bridge Engineer-6** 84
10 Lab-in-Charge-6** 84
11 AutoCAD Operator - 2 24+12=36
N
Total 624
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages =6 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 12+12+24+12+12+12=84 months
- 63 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl. Name of staff Position Staff input (in the form of a bar chart) Total staff Staff month
No. 1 2 3 4 5 6 7 8 9 10 11 12 n month input
1 Team Leader cum (*24+3)=27
Highway Engineer 1
2 Material Engineer 1 (*24+3)=27
3 Bridge Engineer -1 (*24+3)=27
4 Quantity cum Contract (*24+3)=27
Engineer - 1
5 Resident Engineer 10** (150+3*10)=180
6 Road Safety Auditor - 1 24
7 Junior Highway 150
Engineer 10**
8 Quantity Surveyors 10** (150+3*10)=180
9 Jr. Bridge Engineer-10** 150
10 Lab-in-Charge-10** 150
11 AutoCAD Operator - 4 15+24+12+18=69
N
Total 1011
Note: (*) Period from commencement of the first civil works package(s) to completion of the last civil works package(s) = 24 months
(**) No. of civil works packages =10 (1 person for each civil works package)
(***) Arithmetic sum of duration of civil works of all the civil works packages = 15+18+24+18+12+9+12+12+18+12=150 months
- 64 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1 Indicate all main activities of the assignment, including delivery of reports, and other benchmarks such as Client approvals. For phased
assignments indicate activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
- 66 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
(Location, Date)
Ladies / Gentlemen
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 figures1] for _________________Consultancy package [Specify the
amount and the corresponding name of the consultancy package for each of the
consultancy package or consultancy packages, for which such application is intended].
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
No commissions or gratuities have been or are to be paid by us to agents relating to
this Proposal and contract execution.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
1 Amounts must coincide with the ones indicated under total cost of
financial proposal in form FIN-2
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
(Applicant is required to submit separate sheet for each consultancy package, for
which he/she intends to apply)
Reimbursable expenses
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
5 Transportation
6 Office rent
- 69 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
No. Position Name Rate SM Amount
1. Office Manager / (18+24) + 2x3 = 48
Secretary 2*
2. Office Boy 2* (18+24) + 2x3 = 48
3. Night Watchman 2* (18+24) + 2x3 = 48
4. Secretary for Team 24+3 = 27
Leader - 1
Total 171
(*) Number of field offices under the supervision consultancy package I = 2 (1 person
for each field office)
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
No. Position Name Rate SM Amount
1. Office Manager / Secretary 2* (18+24) + 2x3 = 48
2. Office Boy 2* (18+24) + 2x3 = 48
3. Night Watchman 2* (18+24) + 2x3 = 48
4. Secretary for Team Leader - 1 24+3 = 27
Total 171
(*) Number of field offices under the supervision consultancy package II = 2 (1
person for each field office)
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
No. Position Name Rate SM Amount
1. Office Manager / Secretary 2* (12+24) + 2x3 = 42
2. Office Boy 2* (12+24) + 2x3 = 42
3. Night Watchman 2* (12+24) + 2x3 = 42
4. Secretary for Team Leader - 1 24+3 = 27
Total 153
(*) Number of field offices under the supervision consultancy package III = 2 (1
person for each field office)
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
- 74 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
No. Position Name Rate SM Amount
1. Office Manager / Secretary 3* (24+18+18) + 3x3 = 69
2. Office Boy 3* (24+18+18) + 3x3 = 69
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
- 76 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
No. Position Name Rate SM Amount
1. Office Manager / Secretary 2* (24+12) + 3x3 = 45
2. Office Boy 2* (24+12) + 3x3 = 45
3. Night Watchman 2* (24+12) + 3x3 = 45
4. Secretary for Team Leader - 1 24+3 = 27
- 77 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
- 78 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
- 79 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SM = STAFF MONTH
Support Staff:
No. Position Name Rate SM Amount
1. Office Manager / Secretary 4* (15+24+12+18) + 4x3 =
81
2. Office Boy 4* (15+24+12+18) + 4x3 =
81
3. Night Watchman 4* (15+24+12+18) + 4x3 =
81
4. Secretary for Team Leader - 1 24+3 = 27
Total 270
(*) Number of field offices under the supervision consultancy package VII = 4 (1
person for each field office)
- 80 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
- 81 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set etc. should be adequate to the requirement for both the
- 82 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 11
Report
8. O & M Manual 2
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
- 83 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set etc. should be adequate to the requirement for both the
Consultants personnel and the Clients personnel. The exact requirements
of the furniture will be determined during negotiations.
- 84 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 26
Report
8. O & M Manual 5
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
- 85 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set etc. should be adequate to the requirement for both the
Consultants personnel and the Clients personnel. The exact requirements
of the furniture will be determined during negotiations.
- 86 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 21
Report
8. O & M Manual 5
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
- 87 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set etc. should be adequate to the requirement for both the
Consultants personnel and the Clients personnel. The exact requirements
of the furniture will be determined during negotiations.
- 88 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 41
Report
8. O & M Manual 9
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
- 89 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set etc. should be adequate to the requirement for both the
- 90 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 32
Report
8. O & M Manual 7
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
- 91 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set etc. should be adequate to the requirement for both the
- 92 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 26
Report
8. O & M Manual 6
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
- 93 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Transportation
* Office furniture rental shall comprise to run the Consultants office items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
- 94 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
white boards, sofa set etc. should be adequate to the requirement for both the
Consultants personnel and the Clients personnel. The exact requirements
of the furniture will be determined during negotiations.
** Office equipments rental shall comprise to run the Consultants office items
includes plotter, laser printer, photo copy machine, external CD writer, lap top,
camera, SLR, generator, refrigerator etc. should be adequate to the requirement
for both the Consultants personnel and the Clients personnel. The exact
requirements of equipments will be determined during negotiations.
***The amount shall consist of cost for licensed software like AutoCAD, Primavera
etc. The Applicants have to quote the ceiling amount of this reimbursable item.
2. Quarterly Progress 38
Report
8. O & M Manual 10
Total
Note: Each volume would consist of 5 hard copies and 1 soft copy
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
SECTION 5
TERMS OF REFERENCE
(TOR)
- 96 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
1. BACKGROUND
1.1. Public Works Department, Govt. of West Bengal (the Client) shall be the
executive agency for the work for Strengthening / Strengthening & Widening
of State highways and district roads of Public Works Department (PWD),
Govt. of West Bengal including but not limited to the road sections listed
above grouped into different consultancy packages separately for each zone
having commencement of civil works in 2017 under West Bengal
Compensatory Entry Tax Fund and domestic fund and contractors shall be
selected on the basis of Item Rate Tender in accordance with West Bengal
Form No. 2911/2911(i)/2911(ii) and Special Terms and Conditions of
Contract, if any thereof. The civil works will be supervised by the Consultant
on behalf of the Client. The Client intends to engage separate supervision
consultant for the Assignment separately for each consultancy package. The
Project comprises of up-gradation and construction of 2-lane/3-lane/4-lane
carriageways with / without paved shoulders with rigid/flexible pavement,
construction / rehabilitation / widening of bridges and culverts, construction of
high embankment/elevated structures, etc. along the existing highways
including realignment and intersection improvements in the said corridor. The
road section falls in flat terrain.
1.2. The proposed construction technology involves use of latest machinery and
equipment and it is expected from the Consultant to engage/deploy experts and
Personnel which have proven experience of handling such construction works.
2. WORKS
2.1 The Item Rate contract works will be procured in packages zone-wise as
shown below:
- 98 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
1 I Dalgaon Lankapara 17.50 Strengthening and 131 Alipurduar North Birpara 18 April / May
Road (0.00 kmp to widening to two lane Hwy. Divn., Bengal 2017
0.70 km & 1.50 km to carriageway without PWRD Highway
18.00 kmp) paved shoulder incld. Circle
Bridge works
2 Coochbehar Dinhata 39.26 Strengthening and 106.34 Coochbehar NH Circle - Coochbeh 24 April / May
Gitandah Road (0.00 widening to two lane Division, III, PWRD ar 2017
kmp to 46.00 kmp) carriageway with paved PWD
shoulder
Sub-total for package 56.76 237.34
I
3 II Mirjapur Bansihari 22.09 Strengthening and 28.35 Malda Hwy. Northern 18 April / May
Road (0.00 kmp to widening to two lane Divn., PWRD Hwy Circle 2017
22.09 km) carriageway
4 5 nos. bridges on Total Bridge works 32.78 Malda Hwy. Northern 24 April / May
Gajol Bamongola Bridge Divn., PWRD Hwy Circle 2017
Road span
length 253 Gazol
m
excluding
approach
- 99 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
15 Simlapal Khatra Road 26.24 Strengthening and 53.98 Bankura Western Bankura 18 April / May
(0.00 kmp to 26.36 widening to two lane Hwy. Divn., Highway 2017
km) carriageway PWRD Circle II,
PWRD
16 Chichuria Raniganj 28.60 Strengthening and 39 Bishnupur Western 24 April / May
Medipara Road via widening to intermediate Division, Circle II, 2017
Asansol (0.00 kmp to lane road PWD PWD
23.43 km) and
Bishnupur bypass
17 Bishnupur Kotulpur 18.00 Strengthening of existing 24 Bishnupur Western 18 April / May
Arambag Road two lane carriageway Division, Circle II, 2017
PWD PWD
18 Jhalda Bagmundi 17.00 Strengthening and 29.15 Purulia Hwy. South 18 April / May
Road (9.00 kmp to widening to two lane Divn., PWRD Western 2017
18.00 kmp & 29.00 carriageway Highway
kmp to 37.00 kmp) Circle,
PWRD
19 Sirkabad Ajoydha 30.00 Strengthening and 66.25 Purulia Hwy. South Purulia 24 April / May
Bagmundi Road (0.00 widening to intermediate Divn., PWRD Western 2017
kmp to 27.46 km) lane road Highway
Circle,
PWRD
20 Raghunathpur Santuri 23.80 Strengthening and 32.77 Purulia Western 18 April / May
Road widening to two lane Division, Circle-I, 2017
- 102 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
- 103 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
26 Sainthia Sultanpur 18.00 Strengthening of two lane 45 Birbhum Western 18 April / May
Road carriageway Division, Circle-I, 2017
PWD PWD
27 Kanupur Bahutali 15.00 Strengthening of 45 Murshidabad Central Baharam 12 April / May
Road (0.00 kmp to intermediate lane Hwy. Divn.-I, Highway pur 2017
15.00 kmp) carriageway PWRD Circle,
PWRD
28 Berahmpur Kandi 12.80 Strengthening of two 60 Berahmpur Central 18 April / May
Sultanpur Road lane carriageway Division-I, Circle, 2017
(37.50 km to 50.00 PWD PWD
kmp)
Sub-total for package 87.30 323.03
V
29 VI Kharar Hazipur Road 16.5 Strengthening and 33 Midnapur South 12 April / May
(0.00 kmp to 16.29 widening to intermediate Hwy. Divn.-I, Western 2017
km) lane road PWRD Highway
Circle,
PWRD
30 Belda Keshiary Road 12.5 Strengthening and 24.45 Midnapur South Medinipu 12 April / May
(0.00 kmp to 12.27 widening to two lane Hwy. Divn.-I, Western r 2017
km) carriageway PWRD Highway
Circle,
PWRD
- 104 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
31 Road leading to 12.2 Strengthening and 40.26 Midnapur South 24 April / May
Goaltore Industrial widening to two lane Hwy. Divn.-I, Western 2017
Hub (17.70 km to carriageway with paved PWRD Highway
29.90 km) shoulder Circle,
PWRD
32 Dahijuri Lalgarh Road 11 Strengthening and 23.21 Midnapur South 12 April / May
widening to two lane Hwy. Divn.-II, Western 2017
carriageway PWRD Highway
Circle,
PWRD
33 Parihati Jambomi 12 Strengthening and 23.54 Kharagpur South 12 April / May
Fekoghat Road (6.00 widening to two lane Div., PWD Western 2017
kmp to 18.00 kmp) carriageway Circle,
PWRD
34 Mecheda Tamluk 15 Strengthening and 29.32 Tamluk South Tamluk 12 April / May
Road widening to two lane Hwy.Divn. Western 2017
carriageway Highway
Circle,
PWRD
Sub-total for package 79.2 173.78
VI
35 VII Dhubulia Mayapur 11.00 Strengthening and 48 Nadia Hwy. Central Krisnanag 15 April / May
Road (0.00 kmp to widening to two lane Divn.-I Hwy Circle, ar 2017
11.00 kmp) carriageway PWRD
- 105 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
36 Kolkata Basanti Road 12.40 Strengthening and 31.8 South 24 Southern 18 April / May
(60.00 kmp to 72.00 widening to two lane Prg. Hwy. Highway 2017
kmp) carriageway with paved Divn., PWRD Circle,
shoulder PWRD
37 Kolkata Basanti Road 23.60 Strengthening and 65 South 24 Southern Malancha 24 April / May
extended upto widening to two lane Prg. Hwy. Highway 2017
Godkhali (72.00 kmp carriageway with paved Divn., PWRD Circle,
to 96.00 kmp) shoulder PWRD
38 Lauhati Bhangar 18.00 Strengthening of 43 South 24 Southern 18 April / May
Bazar Road (0.00 kmp intermediate lane road Prg. Hwy. Highway 2017
to 15.57 km) add 2.40 Divn., PWRD Circle,
PWRD
39 Impreovement of 5.00 Additional two lane 4 km, 34.08 Diamond Southern Gangasag 12 April / May
Gangasagar Island starting and end portion. Harbour Highway ar 2017
Concrete Block pavement Hwy.Divn, Circle,
in link road. PWRD PWRD
40 Bongaon Chakdah 16.00 Strengthening of existing 30 Barasat Eastern 9 April / May
Road (0.00 kmp to two lane carriageway with Division, Circle, 2017
16.00 km); paved shoulder PWD PWD
41 Bishnupur Beliaghata 15.20 Strengthening and 48 Barasat Hwy. Eastern 12 April / May
Road (0.00 kmp to widening to four lane Divn.-I, Highway 2017
15.00 km) road ( Rigid pavement PWRD Circle,
2.60 km) and PWRD
- 106 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit - I
Sl Cons Road Section / Civil Apprx. Main features Cost of Concern Concerned Proposed Constr Tentative date
no ultan works package Length civil Division of Circle of office of uction of
cy (km) works PWD / PWD/ Consultan period commencement
Pkg (Rs. in PWRD PWRD t (mont
No. Crore) hs)
Strengthening of existing
two lane carriageway
42 Basirhat Pifa 16.00 Strengthening of 33 Barasat Hwy. Eastern Basirhat 12 April / May
Raghabpur Kalinagar intermediate lane road Divn.-I, Highway 2017
Road (11.00 kmp to PWRD Circle,
23.00 kmp) PWRD
43 Lauhati Haroa Road 18.00 Strengthening and 43 Barasat Hwy. Eastern 18 April / May
(9.00 kmp to 18.00 widening to two lane Divn.-I, Highway 2017
km) carriageway PWRD Circle,
PWRD
44 Swarupnagar 22.40 Strengthening of 28 Barasat Hwy. Eastern 12 April / May
Hakimpur Road (0.00 intermediate lane Divn.-I, Highway 2017
kmp to 11.20 km) and road PWRD Circle,
Gobra Gobindapur PWRD
Swarupnagar Road
(0.00 kmp to 11.20
km)
Sub-total for package 157.60 403.88
VII
- 107 -
Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
2.2 Broadly speaking, the works would consist of the following activities, in
addition to the details of construction of pavement etc. as mentioned above.
3.1 All the above mentioned civil construction packages to be covered under the
Assignment of respective Consultancy package.
3.2 Under the proposed arrangement the Consultant will be required to create field
offices. All the offices are to be located at the site of the Project in
consultation with the Client. A set of experts along with the Field Engineers
will be deployed separately for each of the construction package, to carry out
the day to day supervision of works as well as quality control testing etc. as
brought out in the Chart placed subsequently.
Organization Chart
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
4. OBJECTIVES
(i) To ensure that high quality construction is achieved and to ensure that
all works are carried out in full compliance with the engineering
design, technical specifications and other contract documents within
the stipulated time period;
(i) The Client shall administer the contracts for the Consultancy services
for construction supervision of the Project. The Superintending
Engineer of the following Circles will act as Clients Representative
and the Executive Engineer of the following Divisions will act as
Drawing and Disbursing Officer on behalf of Client to make payment
to the Supervision Consultant for the respective consultancy package:
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
(iv) The Consultant shall assist the Client in all matters pertaining to
contract management, as required.
(v) The Client or his representative may inspect and review the progress of
works and may issue appropriate directions to the Engineer for taking
necessary action. The Client or his representative may also test check
the quality and quantity of the materials brought to the site for
incorporating in the permanent works and may also test check the
quantity, quality and workmanship of the work executed in the
presence of the representatives of the Engineer and the Contractor.
6. THE CONSULTANT
6.1 The Client shall employ the qualified Consultant meeting the eligibility
criteria by selecting a consultant, to undertake supervision and contract
management of the proposed construction of the Project. The Consultant so
selected shall nominate a person to be the Engineers Representative. This
person will reside at the site of the Project on a full-time basis throughout the
period of the construction supervision services and will be known as Team
Leader. He will be the overall in-charge of the Consultant at the site of the
Project and shall interact with the Division office as well as with the Circle
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
office on routine basis. Team Leader shall discharge all the duties and
responsibilities of the Engineers Representative.
6.2 The supervision team of the Consultant shall be composed of highly qualified
and experienced Key Professionals. The indicative qualification and
experience criteria are furnished in Annex-I and the proposed aggregate man-
months in Para 13 subsequently. The criteria indicated are for the guidance of
the Consultant. The relevant professional experience means, the actual
experience in the concerned area of expertise on similar nature highway
projects. The quality of experience will be given due weightage during
technical evaluation.
6.3 The Consultant is required to develop the proper understanding of the Project
design and drawings. Review of the contractors/manufacturers designs in the
case of specialized work will be the responsibility of the Consultant.
6.6 There are certain positions of Key Personnel like Team Leader cum Highway
Engineer, Material Engineer, Bridge Engineer, Quantity cum Contract
Engineer, Resident Engineer and Road Safety Auditor where deployment of
suitable personnel is considered essential for successful completion of the
Project. These positions are to be considered for the purpose of technical
evaluation. Consultant is therefore advised to field truly competent and
experienced experts at these positions.
7.1 The Engineer as such is the Consultant engaged by the Client. The Consultant
is, however, required to appoint a Team Leader to act as the Engineers
Representative. The Consultant shall delegate the responsibilities to this
Team Leader to work and act on behalf of the Consultant to carry out most of
the functions related to the Assignment. The Consultant may have the internal
regulatory and controlling arrangement with the Team Leader and for this
purpose a Team Leader might interact and receive the directions from the
Consultant as decided by the Consultant. The Client may also interact with the
Consultant if required.
7.2 The duties of the Engineer will be to review and approval of drawings, issue
of Good for Construction drawings, properly supervise the works, approve
the materials and workmanship of the works in cooperation and in consultation
with the Client, administering the Contract, certifying payments due to the
Contractor, issuing and in valuing Variations to the Contract, in awarding
extensions of time, valuing the Compensation Events and Road Safety Audit
during construction stage for the road sections under the Supervision
consultancy package and during DPR stage for pipeline projects and/or for
existing roads under PWD other than the road sections mentioned in the
supervision consultancy package, which, as and when required by the Client
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
and will be notified to the Consultant. The Engineer shall administer all the
construction works contracts related to the Project (the CCD) and shall
ensure that the contractual clauses, whether related to quality or quantities of
work, are specifically adhered. The Engineer shall have no authority to
relieve the contractors of any of their duties or obligations under the contracts
or to impose additional obligations not included in the contracts. The duties of
the Engineer will also include issue of decisions, certificates and orders as
specified in details in the CCD.
7.2.1 Principal responsibilities of the Engineer shall be to carry out all the
duties of the Engineer as specified in the CCD, within the limitations
specified therein, but not limited to the following. In case of any
disparity, the stipulations made in the civil CCD shall prevail in the
order of precedence mentioned therein.
(i) Review of all the drawings prepared by the DPR Consultants and
/ or Public Works (Roads) Department;
(v) Ensure that the construction works are in accordance with the
technical specifications, Environmental Management Plan and
other stipulation of CCD and the construction methods proposed
by the Contractor are in compliance with the above stipulations
particularly, in relation to Contractors construction equipment
and other resource deployment;
(ix) Check the laboratory and field tests carried out by the Contractor
and develop a mechanism in consultation with the Client to
involve Team Leader to carry out adequate number of
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
(xiii) To monitor and check the day to day quality control and quantity
measurements of the works carried out under the CCD, keep all
measurement records as per the directions of the Client and issue
monthly/interim payment certificates when the quality of the
Works is satisfactory and the quantities are correct;
(xv) To direct the Contractor to carry out all such Works or to do such
things as may be necessary in his opinion to avoid or to reduce
the risk in any emergency affecting the safety of life or of
adjoining property;
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
7.2.2 The other responsibilities of the Engineer will be to carry out all such
duties which are essential for effective implementation of the Project
and Road Safety Audit as mentioned in but not limited to the
following:
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
(iii) To verify the quantities of all items in the BOQ and suggest
modifications to the same if necessary as per the prevailing site
conditions, for the approval of the Client;
(v) To write a day by day project diary which shall record all events
pertaining to the admission of the CCD, request from and orders
given to the Contractor, any other information which may at a
later date be of assistance in resolving queries which may arise
concerning execution of the Works;
(vi) Prepare and issue monthly and quarterly progress reports along
with detailed quality control test statement in an approved format
and also prepare detailed contract completion report;
(ix) To assist the Client in taking over from the Contractor of each
section, in particular by preparing lists of deficiencies which need
to be corrected;
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Govt. of West Bengal
Public Works (Roads) Directorate
Project Implementation Unit
(xiv) Advise and assist the Client for appropriate action in case of
termination of CCD, assessment of valuation of unpaid works
and termination payments;
(xvi) To carry out Road Safety Audit on Detailed Project Report for
the pipeline projects in accordance with IRC: SP:88-2010 for the
road sections other than those mentioned in the Supervision
Consultancy package, which, as and when become necessary to
get Audited on safety issues by the Client and will be notified to
the Consultant. The Consultant shall interact with the respective
design Consultant with due assistance from PWD and shall make
necessary site visit as would be required for Audit.
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8.1 The Engineer will be required to obtain the specific approval of the Client in
the matters as specified in CCD.
8.2 The Engineer will seek prior permission of the Client before taking any of the
following actions;
(iv) Issuing a variation except if such variation would be within the limits
as indicated in the CCD;
(v) Approving new rates either for existing items of work, which arises
from variation quantities beyond the limit, defined in the CCD or
fixing rates of non-priced works involving any extra item and
certifying any additional cost determined under the provisions of CCD;
(vi) Issuing the order for special tests not provided for in the CCD and
determining the cost of such tests, which shall be added to the contract
price;
The Consultant will process interim and final payments to the contractor.
Interim monthly payments shall be based on interim payment certificates
processed by the Consultant following claims filed by the Contractor. The
Engineer/Engineers Representative will be responsible for ensuring that all
measurements are taken as per specifications and drawings for the works and
are recorded in presence of the representative of Contractor and are
countersigned by him. All measurements will be taken by the Engineers
Quantity Surveyors or any senior Technical staff. In processing contractual
payments, the Team Leader of the Consultant will certify the measurements
and quality control tests. The Team Leader or any of his concerned experts
shall do the repeat tests or measurements, if directed by the Executive
Engineer of the construction package, in the presence of Executive Engineer
or any of his representative.
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The Consultant may be required to carry out the following in the event of the
contingencies arising for them on the request of the Client as per terms
negotiated then. No financial cost should be provided against them in the
present financial proposal. The events are:
(ii) To assist the Client in joint inspection of Black spots with the Police
Authority as and when required and notified by the Clint, collect the
accident details of the Black spots, analyse the accident data and suggest
for short term and long term mitigating measures to reduce accidents.
11.1 The Consultant shall prepare and submit the following reports in hard and soft
copies (Table 3) to the Client on the format prepared by the Consultant and as
approved by the Client.
Table 3
Particulars of the Report Frequency No. of Copies
1) Monthly Progress Every month by 5th of the 5 hard & 1 soft
Reports following month
2) Quarterly Progress Every Quarter by 20th day 5 hard & 1 soft
reports of April, July, October
and January
3) Final Completion Once on completion of 10 hard & 2 soft
Report with CD contract packages
4) Inception Report of As and when notified by 5 hard and 1 soft
Road Safety Audit the Client for carrying out
comprising findings of Road Safety Audit (RSA)
reconnaissance survey, on Detailed Project
commencement meeting Report of pipeline
with DPR Consultant, etc. projects and/or RSA on
existing roads
5) Draft Road Safety After carrying out 5 hard and 1 soft
Audit Report including necessary survey works
analysis of survey data, and collection of accident
accident analysis, Road data and within 3 months
Safety Audit and after submission of
recommendations Inception Report for RSA
6) Final Road Safety Within 4 months after 5 hard and 1 soft
Audit Report after submission of Inception
complying with Clients Report
observations
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Public Works (Roads) Directorate
Project Implementation Unit
The Engineer will, no later than 5th of each month, prepare a brief progress
report summarizing the work accomplished by the supervision team for the
preceding month. The report will outline any problems encountered
(administrative, technical or financial) and give recommendations on how
these problems may be overcome. Brief work progress summaries will be
included for ongoing road and bridge works, outlining problems encountered
and recommending solutions. The report should record the status of payment
of Contractors monthly certificates, of all claims for cost or time extensions,
and of action required of government and other agencies to permit
unconstrained works implementation. The report would also include the status
of mobilisation and equipment, material and Personnel of the Contractor at the
site of the Project. The report would also analyse the physical and financial
progress of civil works vis--vis the Contractors Works programme.
11.5 The Consultant shall also prepare and submit the following reports (hard &
soft copies) from time to time to the client.
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TABLE 4
KEY PERSONNEL for Supervision consultancy package (comprising of
2 civil works packages under consultancy package I
5 civil works packages under consultancy package II
5 civil works packages under consultancy package III
9 civil works packages under consultancy package IV
7 civil works packages under consultancy package V
6 civil works packages under consultancy package VI
10 civil works packages under consultancy package VII)
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Table 5
KEY SUB-PROFESSIONAL STAFF for Supervision Consultancy packages
(comprising of 2 field offices for each consultancy package I/II/III/IV/VI, 3 field
offices for consultancy package V and 4 field offices for consultancy package
VII)
Table 6
SUPPORT STAFF for Supervision Contract package (comprising of 2 field
offices for each consultancy package I/II/III/IV/VI and 3 field offices for each
consultancy package V/VII):
Position INPUT for consultancy packages Remarks
Pkg Pkg Pkg Pkg Pkg Pkg Pkg
I II III IV V VI VII
Office Manager No. 2 2 2 2 3 2 4 One for each office
Office Boy No. 2 2 2 2 3 2 4 One for each office
Night Watchman No 2 2 2 2 3 2 4 One for each office
TOTAL No 6 6 6 6 9 6 12
13.3 Consultants are required to furnish CVs of Team Leader cum Highway
Engineer, Material Engineer, Bridge Engineer, Quantity cum Contract
Engineer, Road Safety Auditor and Resident Engineers, which will be
evaluated. During furnishing the CV of each of the Resident Engineers,
the Applicant is required to mention the specific civil works package for
which that particular Resident Engineer is proposed.
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6. Resident Engineers
14.2 The site supervision team would be mobilized on the date of actual
commencement of works by the contractors.
14.3 After award of the Contract the Client expects all of the proposed Key
Personnel to be available during implementation of the Contract as per the
agreed staffing schedule. The Client will not consider substitutions during
Contract implementation except under exceptional circumstances. In case of
such replacements, the Consultant will ensure that there is a reasonable
overlap of at least one month between the staff to be replaced and
replacement, at the cost of the Consultant.
14.5 The client may ask for mobilization or demobilization of some Key
Professional with one-month prior notice as per requirement and progress of
Works.
15.1.1 All offices shall be on monthly hire basis (indicating the rate
per sq. m) and computing at the cost for (no. of offices) x175
sq.m. All the offices shall be situated at site of the Project. A
portion of one of the field offices shall be used as Team
Leaders office. A portion of the area for all the field offices
would be maintained for Clients officials with due
consultations with Clients officials during implementation.
The exact requirements of the area will be determined during
negotiations.
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15.1.2 Hatchback type car 1 no. for each of civil works contract
packages, 1 no. for the Team Leader, 1 no. for each Resident
Engineer and 2 nos. for the other key personnel on hire basis.
15.1.4 Computers 3 nos for Consultants personnel and 1 no. for the
Client with minimum configuration as Intel Core i5, 4 GB
RAM, 500 GB Hard Disk, office furniture and equipment etc.
on hire basis per office by the Client along with all latest
compatible software as per requirement of the Client.
15.1.5 The cost for all these items will be included in the Financial
Proposal and shall be considered for evaluation.
15.2 In case the Client decides to provide any or all of these items either by
procuring it from the Contractor or by supplying the material already
available with the Client, then these services may not be taken from the
Consultant. But cost of these items are required to be provided in the
Financial Proposal as per Para 15.1 above.
15.3 Client will provide to the Shortlisted Consultants the copies of all the
Project reports including design and drawings and relevant databases
collected by the design consultants.
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18.1 The TOR is prepared to address the Assignment in a general way. The
Consultants are advised to understand fully the specific requirements of
the Assignment. The Consultants are also advised to inspect the site of the
Project and acquaint themselves with the ground realities.
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Annex-I
Broad qualifications and experience of the Key Personnel and sub-professionals given
below are Clients' perception in respect of the specific requirement of the Project.
Consultants are advised to prepare the CVs of their proposed Key Personnel
specifically highlighting the qualification and experience in the related area of
expertise as per requirements. The CVs should also highlight higher education,
training and publication of technical papers etc., by the Key Personnel in the related
field. The CVs of the proposed Key Personnel should reflect size of the project
handled in terms of length / costs, duration for which services were provided, source
of funding for the project, type of contract document used etc. Broadly speaking,
qualification and experience higher than the minimum requirement will be given
higher weightage. Similarly, the Key Personnel's experience in services related to
construction supervision will be given more weightage. The age limit of Key
Professionals and sub-professionals would be 70 years on the date of receipt of
proposals.
KEY PERSONNEL
Duties: The Team Leader shall reside at the site of the Project on a full time
basis throughout the period of the Assignment. He will be overall in-charge of
the Project supervision of the Works. He shall act as an 'Engineer's
Representative' acting on behalf of the Consultant appointed by the Client as
already defined before. He will be assisted by other key personnel, Sub-
professionals and other staff of the construction packages. He will guide,
monitor, supervise and control all the activities related to supervision for the
construction package. He will interact with the Executive Engineer,
Superintending Engineer and the Client.
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Duties: He will be responsible for preparing the quality assurance and testing
program for the consultant. He will guide the field supervision teams in
supervising all the tests to be done in different stages of construction, besides
ensuring that specified tests are done as per codal stipulations and as per the
specifications laid down in the contract for the different stages of construction.
He will be coordinating and controlling the support personnel placed with him
and will be reporting to the Team Leader.
Duties: His duties will involve understanding the design provisions of both
bridges/ROBs/flyovers and culverts, guiding and checking of
reinforcement/cable laying operations, rectifying any apparent mistakes in
respect of them, checking and controlling the proper mix designs, checking the
adequacy of proper form-work, laying/compacting of concrete including
curing operations. For this purpose, he will work in close coordination with
the Material Engineer and the Contractor's Expert to effectively control the
quality of execution. He will be responsible for minor modifications in design
of bridges/culverts, wherever required during execution.
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Audit with due concurrence and assistance from the Client. Regarding Road
Safety Audit on DPR, he shall interact with the respective design Consultant
with due assistance from PWD and shall make necessary site visit as would be
required for Audit. He will also assist the Client in joint inspection of Black
spots with the Police Authority as and when required and notified by the
Client, collect the accident details of the Black spots, analyse the accident data
and suggest for short term and long term mitigating measures to reduce
accidents.
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Annex-2
KEY SUB-PROFESIONALS
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Duties: He shall be assisting the Team Leader and will be placed in the
Consultant's main office. He is proposed to be deployed throughout the
construction period to assist the Team Leader in discharging all his day to day
functions. His main responsibilities include modification in drawings of
highway and cross-drainage structures as required during the execution of
works, besides discharging any other work assigned to him by the Team
Leader.
Qualification and Experience: He should be a diploma in Engineering or
graduate in any discipline of Science with an Autodesk certification course.
He should have 8-10 years experience and should have been involved earlier
in at least two highway projects.
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SECTION 6
FORM OF CONTRACT
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Public Works (Roads) Directorate
Project Implementation Unit
Between
(Name of Client)
And
(Name of
Consultant)
Dated:
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Public Works (Roads) Directorate
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CONTENTS
Page No.
I. FORM OF CONTRACT ..
a. Definitions
b. Relation between the Parties
c. Law Governing the Contract
d. Language
e. Headings
f. Notices
g. Location
h. Authority of Member in charge
i. Authorized Representatives
j. Taxes and Duties
2.7.1 Definition
2.7.2 No Breach of Contract .
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
2.9 Termination ..
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3.1 General
3.1.1 Standard of Performance
3.1.2 Law Governing Services ..
3.2 Conflict of Interests .
3.2.1 Consultants not to Benefit from Commissions,
Discounts, etc.
3.2.2. Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to Engage in
certain Activities .
3.2.4 Prohibition of Conflicting Activities
3.3 Confidentiality
3.4 Liability of the Consultants .
3.5 Insurance to be Taken out by the Consultants
3.6 Accounting, Inspection and Auditing .
3.7 Consultantsl Actions requiring Clients prior
Approval
3.8 Reporting Obligations
3.9 Documents prepared by the Consultants to be the
Property of the Client .
3.10 .Equipment and Materials Furnished by the Client
3.11 Accuracy of Documents
3.12 Deficiency of Services
4. ConsultantsPersonnel and Sub-
Consultants ..
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Key Personnel
4.6 Resident Engineer
5. Obligations of the Client .
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Faith .
7.1 Good Faith
a) Operation of the Contract
7.2 Settlement of Dispute
a) Amicable Settlement .
b) Dispute Settlement .
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IV APPENDICES
Page No.
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I. FORM OF CONTRACT
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[Note* : If the Consultants consist of more than one entity, the above should be
partially amended to read as follows:
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 hereinafter called Consultants)]
WHEREAS
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1.6. Financial Proposal submitted by the Consultant (as per Standard Forms
as per Section 4 of Request For Proposal)
1.8. Securities and other Forms submitted by the Consultant under Section
6 of Request For Proposal
[Note: If any of these Appendices are not used, the words Not Required
should be inserted below next to the title of the Appendix on the sheet attached
hereto carrying the title of that Appendix].
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2. The mutual rights and obligations of the Client and the Consultant shall be as
set forth in the Contract; in particular
2.1. The Consultant shall carry out the Services in accordance with the
provisions of the Contract; and
2.2. The Client shall make payments to the Consultant in accordance with
the provisions of the Contract.
By
(Authorized Representative)
FOR AND ON BEHALF OF [NAME OF THE
CONSULTANT]
By
[Note: If the Consultant consist of more than one entity, all of these entities through
their Authorised Representative should put their signatures in the following manner]
By
(Authorized Representative)
[Name of the Member]
By
(Authorized Representative)
etc.
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1. General Provisions
1.1. 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 the Governments country [or in such other country
as may be specified in the Special Conditions of Contract (SC)], as
they may be issued and in force from time to time.
c) Effective Date means the date on which this Contract comes into
force and effect pursuant to Clause GC 2.1;
h) Party means the Client or the Consultant, as the case may be, and
Parties means both of them;
m) "Third Party" means any person or entity other than the Government
of West Bengal, the Client, the Consultant or a Sub-consultant.
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This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law.
1.4. Language
This Contract has been executed in the language specified in the SC, which
shall be the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract including all communications,
documentation and proceedings relevant to this Contract.
1.5. Headings
1.6. Notices
1.6.2. A Party may change its address for notice hereunder by giving the
other Party notice of such change pursuant to the provisions listed in
the SC with respect to Clause GC 1.6.2.
1.7. Location
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In case the Consultant is a joint venture of more than one entity, the Members
hereby authorize 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, including without limitation the receiving of instructions and
payments from the Client.
This Contract shall come into force and effect on the date (the "Effective Date")
of the Client's notice to the Consultant instructing the Consultant to begin
carrying out the Services. This notice shall confirm that the effectiveness
conditions, if any, listed in the SC have been met.
If this Contract has not become effective within such time period after the date
of the Contract signed by the Parties as shall be specified in the SC, either
Party may, by not less than four (4) weeks' written notice to the other Party,
declare this Contract 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.
The Consultant shall begin carrying out the Services immediately after the
Effective Date.
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract 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.
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Project Implementation Unit
This Contract 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 be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein.
2.6. Modification
2.7.1. Definition
b) Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a party or such Party's
Sub-consultants or agents 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
Contract and (B) avoid or overcome in the carrying out of its
obligations hereunder.
The failure of a Party to fulfil any of its obligations hereunder 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 has taken all reasonable
precautions, due care and reasonable alternative measures, all with the
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2.7.5. Payments
2.7.6. Consultation
Not later than thirty (30) days after the Consultant, 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.
2.8. Suspension
The Client may, by written notice of suspension to the Consultant, suspend all
payments to the Consultant hereunder if the Consultant shall be in breach of
this Agreement or shall fail to perform any of its obligations under this
Contract, including the carrying out of the Services; provided that such notice
of suspension (i) shall specify the nature of the breach or failure, and (ii) shall
request the Consultant to remedy such breach or failure within a period not
exceeding thirty (30) days after receipt by the Consultant of such notice of
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suspension.
2.9. Termination
The Client may, by not less than thirty (30) days' written notice of
termination to the Consultant (except in the event listed in paragraph (f)
below, for which there shall be a written notice of not less than sixty
( 60) days), such notice to be given after the occurrence of any of the
events specified in paragraphs (a) through (g) of this Clause GC 2.9.1,
terminate this Contract.
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The Consultant 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) through (c) of this Clause GC 2.9.3,
terminate this Contract:
2.9.3.1. such rights and obligations as may have accrued on the date
of termination or expiration;
2.9.3.4. any right which a Party may have under the Applicable Law
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3.1. General
The Consultant shall perform the Services and carry out its
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 Consultant 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 any dealings with Sub-
consultants or Third Parties.
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The Consultant agree that, during the term of this Contract and after its
termination, the Consultant and any Affiliate of the Consultant, as well
as any Sub-consultant and any entity Affiliate of such Sub- consultant,
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. .
The Consultant shall not engage, and shall cause its Personnel as well
as its Sub-consultants and their Personnel not to engage, either directly
or indirectly, in any of the following activities:
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Subject to additional provisions, if any, set forth in the SC, the Consultants
liability under this Contract shall be as provided by the Applicable Law.
The Consultant (i) 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 coverages, as shall be specified in the
SC, and (ii) 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 therefor have been paid.
The Consultant (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 (including such bases as may be
specifically referred to in the SC); (ii) shall permit the Client or its designated
representative periodically, and up to one year from the expiration or
termination of this Contract, to inspect the same and make copies thereof as
well as to have them audited by auditors appointed by the Client; and (iii)
shall permit the client to inspect the Consultant's accounts and records relating
to the performance of the Consultant and to have them audited by auditors
appointed by the client.
The Consultant shall obtain the Client's prior approval in writing before taking
any of the following actions:
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The Consultant shall submit to the Client the reports and documents specified
in Appendix B hereto, in the form, in the numbers and within the time periods
set forth in the said Appendix.
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survey/investigations.
Refusing to give reasons for decisions when called for by the Client.;
4.1. General
The Consultant shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services.
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a) The Key Personnel shall not be entitled to be paid for overtime nor to
take paid sick leave or vacation leave except as specified in Appendix
E hereto, and except as specified in such Appendix, the Consultants'
remuneration shall be deemed to cover these items. All leave to be
allowed to the Personnel is included in the staff-months of service set
for in Appendix C. Any taking of leave by Personnel shall be subject
to the prior approval by the Client and the Consultant shall ensure that
absence for leave purposes will not delay the progress and adequate
supervision of the Services.
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the Key Personnel. If, for any reason beyond the reasonable control of
the Consultant, it becomes necessary to replace any of the Personnel,
the Consultant shall forthwith provide as a replacement a person of
equivalent or better qualifications.
b) 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 Consultant shall, at the
Client's written request specifying the grounds therefore, forthwith
provide as a replacement a person with qualifications and experience
acceptable to the Client.
If required by the SC, the Consultant shall ensure that at all times during the
Consultants' performance of the Services a Resident Engineer, acceptable to
the Client, shall take charge of the performance of such Services.
Unless otherwise specified in the SC, the Client shall use its best efforts to
ensure that the Government shall:
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Subject to Applicable Laws the Client warrants that the Consultant shall have,
free of charge, unimpeded access to all land in the Government's country in
respect of which access is required for the performance of the Services. The
Client will be responsible for any damage to such land or any property thereon
resulting from such access and will indemnify the Consultant and each of the
Personnel in respect of liability for any such damage, unless such damage is
caused by the default or negligence of the Consultant or any Sub-consultant or
the Personnel of either of them.
If, after the date of this Contract, there is any change in the Applicable Law
with respect to service taxes, the same would be payable to the Consultant
under this contract. However, the remuneration and reimbursable expenses
would not be increased or decreased due to change of taxes and duties.
The Client shall make available to the Consultant and the Personnel, for the
purposes of the services and free of any charge, the services, facilities and
property described in Appendix F at the times and in the manner specified in
said Appendix F, provided that if such services, facilities and property shall
not be made available to the Consultant as and when so specified, the Parties
shall agree on (i) any time extension that it may be appropriate to grant to the
Consultant for the performance of the Services, (ii) the manner in which the
Consultant shall procure any such services, facilities and property from other
sources, and (iii) the additional payments, if any, to be made to the Consultant
as a result thereof pursuant to Clause GC 6.l(c) hereinafter.
5.5. Payment
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a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client
shall pay to the Consultant (i) remuneration as set forth in Clause GC
6.2(b), and (ii) reimbursable expenditures as set forth in Clause GC
6.2(c). If specified in the SC, said remuneration shall be subject to
price adjustment as specified in the SC.
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a) DELETED
b) As soon as practicable and not later than fifteen (15 days) after the end
of each calendar month during the period of the Services, the
Consultant shall submit to the Client, in duplicate, itemized statements,
accompanied by copies of receipted invoices, vouchers and other
appropriate supporting materials, of the amounts payable pursuant to
Clauses GC 6.3 and 6.4 for such month. Each such monthly statement
shall distinguish that portion of the total eligible costs which pertains
to remuneration from that portion which pertains to reimbursable
expenditures.
d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been
submitted by the Consultant and approved as satisfactory by the Client.
The Services shall be deemed completed and finally accepted by the
Client and the final report and final statement shall be deemed
approved by the Client as satisfactory ninety (90) calendar days after
receipt of the final report and final statement by the Client unless the
Client, within such ninety (90)-day period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the final
report or final statement. The Consultant shall thereupon promptly
make any necessary corrections, and upon completion of such
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e) All payments under this Contract shall be made to the account of the
Consultant specified in the SC.
The Parties undertake to act in good faith with respect to each other's rights
under this Contract and to adopt all reasonable measures to ensure the
realization of the objectives of this Contract.
a) Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or the interpretation
thereof.
7.3. Warning/Debarment
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Number of GC Clause
1.1(a) The words in the in the Governments country are amended to read
In India
Consultant: []
Attention: []
Cable: []
Address: []
Telex: []
Fax: []
[Fill in the Blanks]
(Note: If the Consultant consist of a joint venture of more than one entity, the
name of the entity whose address is specified in SC 1.6.1 should be inserted
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here. If the Consultant consist of one entity, this Clause 1.8 should be deleted
from the SC)
1.10 The Consultant, Sub-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.
2.2 The time period shall be four months or such other time period as
the parties may agree in writing.
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ii) for any direct loss or damage that exceeds (A) the total
payments for Professional Fees and Reimbursable Expenditures
made or expected to be made to the Consultant hereunder, or (B)
the proceeds the Consultant may be entitled to receive from any
insurance maintained by the Consultant to cover such a liability,
whichever of (A) or (B) is higher.
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"(i) taking any action under a civil works contract designating the
Consultant as "Engineer", for which action, pursuant to such civil
works contract, the written approval of the Client is required.
3.9 The Consultant shall not use these documents for purposes unrelated to
this Contract without the prior written approval of the Client.
6.2 (c) The Reimbursable expenses (fixed rate) to be paid in local currency are
set forth in Appendix G.
6.4(a) DELETED
[Note: Insert account number, type of account and name and address of
the Bank]
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IV. APPENDICES
[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-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. experience of Personnel to be assigned to work, and staff-
months for each.
[Not applicable]
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Project Implementation Unit
[not applicable]
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F-l Services, facilities and property to be made available to the Consultant by the
Client.
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1. Monthly rates for local Personnel (Key Personnel and other Personnel)
Appendix H:
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
(Clause-17 of TOR)
To
1
WHEREAS [Name and address of Consultant] (hereinafter called the Consultant)
has undertaken, in pursuance of Contract No. dated ______ to provide
the Services on terms and conditions set forth in the Contract for Construction
Supervision for Strengthening / Strengthening & Widening of State highways and
district roads of Public Works Department (PWD), Govt. of West Bengal for some
selected road sections grouped into different consultancy packages separately for each
consultancy package having commencement of civil works in 2017 (hereinafter called
the Contract).
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AND WHEREAS the Contract requires the Consultant to furnish to the Public Works
Department, Govt. of West Bengal (the Client), a Bank Guarantee by a recognized
bank for the sum not exceeding Rs. _____________ (in words) as a guarantee for
compliance with its obligations in accordance with the Contract (the Guarantee
Amount);
AND WHEREAS the Consultant having agreed to furnish such a Bank Guarantee has
specifically requested us,_________(Name of the Bank) (hereinafter referred to as the
Bank/Guarantor) to provide the Guarantee Amount and the Bank has agreed to
provide the Guarantee Amount;
NOW THEREFORE, the Bank hereby affirms that the Bank shall pay to the Client,
the Guarantee Amount being payable in the types and proportions of currencies in
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which the Contract Price is payable, and the Bank undertakes to pay the Client, upon
its first written demand and without cavil or argument, any sum or sums within the
limits of the Guarantee Amount as aforesaid without the Client needing to prove or to
show grounds or reasons for its demand for the sum specified therein.
The Bank hereby waives the necessity of the Client demanding the said debt from the
Consultant before presenting the Bank with such demand.
The Bank does hereby undertake to pay the amounts due and payable under this
Guarantee without any demur, merely on a demand from the Client. Any such
demand made on the Bank shall be conclusive as regards the amount due and payable
by the Bank under this Guarantee. However, the Banks liability under this Guarantee
shall be restricted to an amount not exceeding the Guarantee Amount.
The Bank undertakes to pay to the Client any money so demanded notwithstanding
any dispute or disputes raised by the Consultant in any suit or proceeding pending
before any Court or tribunal relating thereto, the Banks liability under this present
being absolute and unequivocal. The payment so made by the Bank under this
Guarantee shall be a valid discharge of its liability for payment thereunder and the
Consultant shall have no claim against the Bank for making such payment.
The Bank further agrees that the Guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the Contract
and that it shall continue to be enforceable till all the dues of the Client under or by
virtue of the said Agreement have been fully paid and its claim satisfied or discharged
or till the Client certifies that the terms and conditions of the said Agreement have
been fully and properly carried out by the said Consultant and accordingly discharges
this Guarantee.
The Bank further agrees with the Client that the Client shall have the fullest liberty
without the consent of the Bank and without affecting in any manner the obligation of
the Bank hereunder to vary any of the terms and conditions of the said Agreement or
to extend time of performance by the said Consultant from time to time or to postpone
for any time or from time to time any of the powers exercisable by the Client against
the said Consultant and to forbear or enforce any of the terms and conditions relating
to the said Agreement and the Bank shall not be relieved from its liability by reason of
any such variation, or extension being granted to the said Consultant or for any
forbearance, act or omission on the part of the Client or any indulgence by the Client
to the said Consultant or any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have the effect of so relieving the
Bank.
The Bank further agrees that no change or addition to or other modification of the
terms of the Contract or of the services to be performed there under or of any of the
Contract documents which may be made between the Client and the Consultant shall
in any way release the Bank from any liability under this Guarantee, and the Bank
hereby waives notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in
the constitution of the Consultant or of the Bank.
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The Bank also undertakes not to revoke this Guarantee during its currency except with
the prior written consent of the Client.
Notwithstanding anything contained herein before, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and the Guarantee shall remain valid
till ,unless a claim or a demand in
writing is made upon the Bank on or before ..
This Guarantee shall be valid until 1095 days after the date of issue of the Final
Payment Certificate.
In presence of
Name and Designation
Name of the Bank
1
(Name,Signature &
Occupation)
Address
2. ____________________
(Name & Occupation)
Date
1
Give names of all partners if the Consultant is a Joint Venture.
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