Form
Form
No. Date: / /
YEAR : .................
CONTENTS
PROJECT MANAGEMENT
CONSULTANCY SERVICES FOR CONSTRUCTION
OF..............................................................................
INSTRUCTION TO CONSULTANTS
SECTION 2 5-10
DATASHEET 11-12
ANNEXURE – I 13-15
ANNEXURE – II 16-17
SECTION 9 APPENDICES 71
2. The PWD PIU intends to engage a Project Management Consultant for the
aforementioned work. The Consultant shall function as - Project Management
Consultant as the ‘Engineer’ which involves Project Management in terms of Detailed
Planning, Monitoring , Coordination with other department/agencies, Supervision of
Work , Contract Management, Quality Assurance, Timely Engineering decision and
approval thereof from Employer, Recording of Measurement/Bills, Assisting in
arbitration & litigation cases and all other necessary steps/decision required for timely
completion of Project.
More details on the Services are provided in the attached Terms of Reference.
1.5 Consultant shall bear all costs associated with the preparation and submission
of their proposals and contract negotiation. The Client is not bound to accept
any proposal, and reserves the right to annul the selection process at any time
prior to Contract award, without thereby incurring any liability to the
Consultant.
1.6 The client requires that consultants provide professional, objective, and
impartial advice and at all times hold the Client’s interest paramount, without
any consideration for future work, and strictly avoid conflicts with other
assignments or their own corporate interests.
1.6.1 A Consultant (including its Personnel) or any of its affiliates shall not be hired
for any assignment that, by its nature, may be in conflict with another
assignment of the Consultant to be executed for the same or for another Client.
For example, a Consultant hired to prepare engineering design for an
infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project.
1.6.2 A Consultant (including its Personnel) that has a business or family relationship
with a member of the Client’s staff who is directly or indirectly involved in any
part of (i) the preparation of the Terms of Reference of the assignment, (ii) the
selection process for such assignment, or (iii) supervision of the Contract, may
not be awarded a Contract, unless the conflict stemming from this relationship
has been resolved in a manner acceptable to the client throughout the selection
process and the execution of the Contract.
1.6.3 Consultants have an obligation to disclose any situation of actual or potential
conflict that impacts their capacity to serve the best interest of their Client, or
that may reasonably be perceived as having this effect. Failure to disclose said
situations may lead to the disqualification of the Consultant or the termination
of its Contract.
1.7 It is the Client’s policy that the consultants observe the highest standard of
ethics during the selection and execution of such contracts. In pursuance of this
policy, the Client:
(a) defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence the
action of a public official in the selection process or in contract
execution;
(ii) “fraudulent practice” means a misrepresentation or omission of
facts in order to influence a selection process or the execution of a
contract;
(iii) “collusive practices” means a scheme or arrangement between two
or more consultants with or without the knowledge of the Client,
designed to establish prices at artificial, noncompetitive levels;
(iv) “coercive practices” means harming or threatening to harm, directly
or indirectly, persons or their property to influence their participation
in a procurement process, or affect the execution of a contract.
(b) will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for the contract in
question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the firm has engaged in
3. PREPARATION OF PROPOSAL
3.1 Consultants are requested to submit a Proposal (para 1.2) written in the
language(s) specified in the Data Sheet.
3.1 A Earnest Money Deposit:
The applicant shall have to deposit an Earnest Money Deposit of amount
specified in the Data Sheet online only. If EMD is not found proper then the
proposal shall be treated as non responsive and shall not be evaluated further and
hence shall be rejected.
Technical Proposal
3.2 In preparing the Technical Proposal, consultants are expected to examine the
documents comprising this RFP in detail. Material deficiencies in providing the
information requested may result in rejection of a Proposal.
3.3 While preparing the Technical Proposal, consultants must give particular
attention to the following:
(i) If a Consultant considers that it may enhance its expertise for the
assignment by associating with other Consultants in a joint venture, it
may associate with other Consultants if so indicated in the Data Sheet.
Financial Proposal
3.6 In preparing the Financial Proposal, Consultants are expected to take into account
the requirements and conditions of the RFP documents. The Financial Proposal
should follow Standard Form (Section 4). It shall include all costs associated
with the Assignment, including remuneration for staff and other incidental
expenses;. The rates to be quoted shall be inclusive of all taxes, duties, cess,
etc. (Excluding Goods and Service Tax). The rates are to be filled in as
percentage (%) of Cost of Civil Work executed by the Civil Works Contractor to
be paid in Indian National Rupees only.
4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS
4.1 The original proposal (Technical Proposal and if required Financial Proposal; see
para 1.2) shall be submitted online only. The physical submission of documents
shall not be entertained and returned back unopened.
4.2 An authorized representative of the firm shall initial all pages of the Proposal. The
representative’s authorization is confirmed by a written power of attorney
5.6 Deleted.
5.7 The Financial Proposals shall be opened online and the consultants can witness the
same .
5.8 DELETED.
5.9 The firm offering lowest Financial Proposal shall be invited for negotiations.
6. NEGOTIATIONS
6.1 Negotiations will be held at the date and address indicated in the Data Sheet.
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed
technical approach and methodology, work plan, and organization and staffing, and
any suggestions made by the Consultant to improve the Terms of Reference. The
Client and the Consultants will finalize the Terms of Reference, staffing schedule,
work schedule, logistics, and reporting. These documents will then be incorporated
in the Contract as “Description of Services”. Special attention will be paid to clearly
defining the inputs and facilities required from the Client to ensure satisfactory
implementation of the assignment. The Client shall prepare minutes of negotiations,
which will be signed by the Client and the Consultant.
6.3 DELETED.
6.4 Having selected the firm on the basis of least cost, the Client expects the submission
of original CVs of the experts designated in the Proposal at the time of contract
negotiation. During contract negotiations, the Client will require assurances that the
experts will be actually available.
6.5 Negotiations will conclude with a review of the draft Contract. To complete
negotiations the Client and the Consultant will initial the agreed Contract. If
negotiations fails, the Client may invite the Consultant to negotiate a Contract whose
Financial Proposal is the second lowest.
7. AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall issue Letter of
Acceptance to the selected Consultant. The Consultant has to sign the agreement
with the client within 28 days of issue of Letter of Acceptance. However, before
signing the agreement, the selected consultant has to submit a Performance
Guarantee as mentioned in the General Conditions of the Contract. If the selected
Consultant fails to submit the Performance Guarantee within the time prescribed
above, the EMD of the selected consultant may be forfeited and the proposal of
selected consultant will be rejected. Once the agreement is signed with the
successful agency the EMD of all agencies shall be refunded.
7.2 The firm is expected to commence the Assignment on the date and at the location as
instructed by the client.
8. CONFIDENTIALITY
8.1 Information relating to evaluation of proposals and recommendations concerning
awards shall not be disclosed to the consultants who submitted the proposals or to
other persons not officially concerned with the process, until the winning firm has
been notified that it has been awarded the contract.
DATA SHEET
(This Section consists of provisions that are specific to and supplement the information
or requirements included in Various Sections)
Section Clause
Reference Refere Description
nce
3.3 (i) The estimated number and minimum experience of professional staff
required for the work is enclosed at Annexure-II
3.6 The rates quoted under the financial proposal shall be inclusive of all
statutory duties, taxes, levies, octroi, cess, etc. but excluding Goods and
Service Tax. Consultants are requested to consult tax consultants for
details.
ANNEXURE-I
Sn Description Max.
Marks
I. General Experience of consultancy in Building works. (DPR, 100
PMC and SQC)
IV. The Approach and methodology proposed including Work Plan 100
2. One unit - Costing 75% or more of Probable Civil Works cost as indicated in the
data sheet in a single assignment
3. Two Unit - Costing 150% or more of Probable Civil Works cost as indicated in
the data sheet in a single assignment.
4. In no case irrespective the cost of civil works more than 2 units shall be awarded
in a single assignment.
5. The maximum score shall not be more than 200 marks.
The average of Annual Turnover from consultancy services for the last 3 years of the
consultant should be atleast equivalent to 2% of the Probable Civil Works cost as
indicated in the data sheet. In support of Turnover from consultancy, the Consultant
has to submit a Turnover certificate of preceding 3 Financial years issued by the
Statutory Auditor. The marking scheme shall be as follows:
Annexure-II
Note:
It s desirable that the majority of the professional staff proposed be permanent
employees of the firm or have an extended and stable working relation with it. Each
expert is to be evaluated against the tasks assigned in accordance with following
three main criteria:
(i) General qualification: (20%)
(ii) Total, Relevant Task and Project related experience: (75%)
(iii) Permanent Employment : (5 %) Only if they have worked for the
current Employer on a regular/permanent full-time basis continuously
for the last 12 months.
Note: The number of RE , ARE / FE ( Civil / Electrical ) etc. are indicative and
actual numbers required are to be decided by the Additional Project Director,
PIU. Also if personnel at additional positions like Material Engineer, Quantity
Surveyor , etc. are required , the same may be done by the Additional Project
Director, PIU, based on the size and nature of the assignment.
3A. TECHNICAL PROPOSAL SUBMISSION FORM (on letter head of the firm)
To,
The Additional Project Director,
PWD, PIU.....................................
Sir/ Madam,
We, the undersigned, offer to provide the consulting services for Project
Management Consultancy Services for the Construction of................................................ in
accordance with your Request for Proposal dated …...................................
(Date)…............... We are hereby submitting our Proposal, which includes Technical
Proposal and a Financial Proposal sealed under a separate envelope.
If negotiations are held during the period of validity of the Proposal i.e. before
….......................(Date)…..................., we undertake to negotiate on the basis of the
proposed staff. Our Proposal is binding upon us and subject to the modifications resulting
from contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorised Signatory
Name and Title of Signatory:
Name of Firm:
Address:
Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within
an association/JV, was legally contracted.
Name of Principal Employer : Address with Telephone No. & Fax No.:
Name of Association Firm(s) if any : Address with Telephone No. & Fax No of
the Association Firm.:
Approx. Value of Services given by the Approx. Value of Services given by the
Consultant (In INR) : Associated Firm (In INR) :
Name of Senior Staff (Project Director / Coordinator, Team Leader, etc.) of the consultant
involved and functions performed:
Average
3F. Deleted
Proposed Position:__________________________________________________
Name of Staff;______________________________________________________
Professional Qualification:_____________________________________________
Date of Birth________________________________________________________
Nationality_______________________
Key Qualifications:
(Give an outline of staff member’s experience and training most pertinent to tasks an
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page).
Education
(Starting with present position, list in reverse order every employment held). List all
positions held by staff member since graduation, giving dates, names of employing
orgnizations, titles of positions held, source of funding (World Bank, ADB, JBIC, UN etc.)
for the projects handled, types of activities performed and client reference, where
appropriate.)
Languages :
(For each language indicate proficiency – excellent, good fair or poor, in speaking reading
and writing)
SUMMARY OF THE CV
(Furnish a summary of the above CV. The information in the summary shall be precise
and accurate. The information in the summary will have bearing on the evaluation of
the CV).
A) Education:
i) Field of Diploma/Graduation and year
ii) Field of Graduation/Post graduation and year
iii) Any other specific qualification
B) Experience
Total experience in Building Project: ____________ Yrs
Responsibilities held :
Period
S. No. Position Held Assignment period
From To
Undertaking :
I, the undersigned certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience. Further I certify that I am available for
the assignment and shall be willing to work for the client for the entire duration of the
position. I have also not left any ongoing project of the client with out its approval and
have not been debarred by the client in past.
Note:- CVs should be originally signed in blue ink on each page by both the proposed
professional staff and the authorized representative of the firm along with the
proof of age and qualification. Key information should include number of years
working for the firm/entity, and degree of responsibility held in various
assignments. Photocopy or unsigned CV shall not be considered.
(Location, Date)
To,
Yours sincerely,
(The complete details of the project alongwith the location describing the broad
facilities to be provided should be mentioned.)
3. SCOPE OF WORK:
The scope of consultancy services for each includes, but shall not be limited to
following activities.
4. QUALITY CONTROL
1. To finalise construction related procedures such as Technical
Specifications, Construction Practices and Quality Assurance.
2. To prepare, submit and implement a system of Quality Assurance of
works; ensure quality of materials and sources of materials; formulate
and implement sampling and testing procedure and Quality Control
measures to ensure required standards and consistency in quality.
3. Supervise & approve the setting up of laboratory (including calibration
of equipment’s) and field tests carried out by the Contractor. Consultant
should also undertake at least 100% of the total test by himself.
4. Undertake special tests of materials and/or completed works, undertake
removal and substitution of improper materials and /or works as
required.
PWD, PIU (PMC) Page 27 of 83
Request for Proposal SQC
5. CONSTRUCTION SUPERVISION
1. To supervise and monitor that the construction works are in accordance
with the approved technical specifications, Environmental provisions
and other stipulation of contract documents. The construction methods
proposed are in compliance with the stipulations particularly, in relation
to construction equipment and other resource deployment.
2. To scrutinize and certify whenever required, contractor’s materials
reconciliation statements prepared by contractor.
3. To supervise all site work, to approve the actions taken by the contractor
and works executed by the contractor. Employer shall take suitable
action on the suggestions deemed fit/all deviations, in terms of, as
pointed out by the Consultant.
4. A detailed list of pending defects to be carried out by the Contractor will
be handed over to Employer before withdrawal of manpower by the
Consultant, in case of fore closure of the Consultant/contract agreement.
5. Whenever final measurements are to be made, the Consultants Team
Leader will inform the contractor and Employer 7 days in advance, the
Employer may authorize his representative who will be empowered to
participate and check, if so wishes, in any measurements.
6. Getting the rectification of defects (if any) in the works carried out
through the respective contractor till payment of Final Bill.
7. Defect Labiality Period is 1 year after the completion.
8. During the Defect Liability Period, the Principal Architect cum Team
Leader, Structural Engineer of Consultant has to inspect the Building
quarterly and submit the report along with the remedial measures.
Consultant will ensure for rectification of the defects by the Contractor
during the defect liability period and issue Defect Liability Certificate.
9. Shall be responsible for obtaining good workmanship with respect to
lines, levels, plumb, finish, etc. Shall check all centerlines, dimensions,
levels and plumb at all stages of work with reference to working
drawings and shall ensure correct dimensions of all elements.
10. Inspection and certification of equipment at manufacturer’s works for
HVAC, Electrical, Communication, Fire fighting systems or any other
equipment will be planned in coordination with the officer designated by
the Employer who may depute his representative for the inspection
6 PROJECT MANAGEMENT
1. To approve construction schedule, method statements material sources,
manpower/machinery deployment plans submitted contractor and review
the same periodically as per PERT.
2. CONSULTANT shall provide manpower at site timely and only
experienced persons will be provided at site.
3. Review and approve contractors proposed personal for positions
nominated in contract.
4. Approve/suggest modification in contractors work programme, method
statement and material sources etc.
5. To prepare manual for maintenance and operation of the facilities during
and after execution of the project submitted by the contractor.
6. To issue working drawings prepared by the design consultant timely at
site and make requisition for new/supplementary drawings, which are
not provided.
7. Check contractor setting out for conformance with the good for
construction/working drawing.
8.1 To work out the savings on material and ensure that this benefit/tax
concession passes on to the Employer.
8.2 To maintain necessary record like measurement book including taking
all measurement as per PWD system.
9. Prepare variations calculated by appropriate rate analysis for non-priced
works, using prevailing schedule of Rates as far as possible. The
variations proposed to Employer for approval shall have proper
reasoning justifying its necessity along with expected financial
implication on the project.
10. Identify Construction delays and recommend to the contractor the
remedial measure to expedite the progress under intimation to
EMPLOYER.
11. To monitor project for compliance to the plans and designs as detailed in
the estimates, for timely completion and within the Cost Estimates.
12. To monitor and check the day to day work/activities and certify for
payment when the quality of the works is satisfactory and the quantities
are correct
13. To take measurements required for the purpose of Bill Payments and
carry out all calculation in a manner that Interim Payment Certificate is
submitted to the Employer on monthly basis. The IPC shall reach the
Employer for payment by First week of every month.
14. Consultant has to take prior approval of Employer in issuing / approving
variation in quantity exceeds 10% variation of individual items or
aggregate variation exceeds 5% of the contract value. Employer’s
approval should also be obtained for issuing / approving /sanction of
additional cost, sums or cost and variation of rate and prices.
15. To maintain a site order book issued by Employer in duplicate at site for
the issuance of time to time instructions and compliance reports which
shall be the property of Employer and shall be duly certified by the
Consultant. A copy of site order book should accompany the IPC along
with the copy of the test reports relevant to IPC.
16. Maintain record such as good for construction /working /as built
drawing, test data, details of variation, correspondence and diaries in
PWD, PIU (PMC) Page 29 of 83
Request for Proposal SQC
7. GENERAL
1. To approve specifications of Materials required for the Project and to
conduct Market Survey and carry out Rate Analysis to arrive at Fixed
Rates (Floor Price) of any specific Materials required for the Project not
covered in BOQ.
2. Shall attend periodic site meetings/ meetings in Employer office and
discuss site conditions bottlenecks faced likely hindrances, time
overruns, cost overruns and any other important matter along with
solutions proposed. CONSULTANT will be required to submit periodic
reports concerning quality standard and progress of the project and also
prepare Minutes of Meeting and submit immediately.
3. Shall ensure that contractors have complied with registration under
Contract Labour (Regulation and Abolition) Act and abide by laws
pertaining to labour including payment as per Minimum Wages Act
(Consultant should ensure a submit a certificate to EMPLOYER with
each IPC that payment to laborers has been done in compliance with
Minimum Wages Act) and any other Act or enactment relating thereto
and rules framed there under from time to time. The CONSULTANT
shall ensure compliance by the contractors of all labour laws and
PWD, PIU (PMC) Page 31 of 83
Request for Proposal SQC
S. No. Particulars
1 Team Leader/ Resident Engineer - (1 No.)
2 Assistant Resident Engineer (Civil) - (2 No.)
3 Assistant Resident Engineer (Electrical) - (1 No.)
4 Asst. Material Engineer (2 Nos.)
5 Field Engineer (Civil) - (4 Nos.)
6 Field Engineer (Electrical) - (2 Nos.)
7 Lab Assistant - (2 Nos.)
8 Junior Adm Staff (2 Nos)
9 Vehicle for Engg. In Charge (DPE) (1 Nos)
10 Computer Oprator for APD Office (1 Nos)
Note: The number of RE , ARE / FE ( Civil / Electrical ) etc. are indicative and
actual numbers required are to be decided by the Additional Project
Director, PIU. Also if personnel at additional positions like Material
Engineer , Quantity Surveyor , etc. are required , the same may be done
by the Additional Project Director, PIU, based on the size and nature of
the assignment.
10. After award of the contract the Employer expects all the proposed key personnel
to be available during implementation of the contract as per the agreed staffing
schedule. The Employer will not consider substitutions during contract
implementation except under compelling circumstances (such as death and/or
extreme nature of ailment for which Medical Certificate shall be produced from
Hospital/Nursing Home). In case of such replacements, the Consultant will
ensure that there is a reasonable overlap between the staff to be replaced and
replacement wherever feasible/possible.
General
14.1 The Public Works Department (PIU) of Government of Madhya Pradesh is
mandated to carry out construction of building works in the State under
different schemes of various departments. At present there are 51 Project
Implementation Units (PIU), one in each district, headed by a Divisional
Project Engineer (DPE) of Executive Engineer level, five zonal offices at
Bhopal, Indore, Gwalior, Jabalpur and Rewa headed by an Additional
Project Director of Chief Engineer level one one state level head office at
Bhopal headed by a Project Director of Engineer in Chief level.
List of present Project Implementation Units along with name
and phone no. of Divisional Project Engineers and Additional Project
Directors are given in Appendix-2. Quantum of work and their type
may vary from unit to unit. Work contract packages have been
formulated by grouping various individual building works. It is
proposed to undertake construction work of buildings under these
packages through reputed contractors. The details of the
package/packages are enclosed as Appendix-1.
14.4 WORKS
Each supervision consultancy package may consist of one or more
construction packages to be handled by different construction
contracts. A supervision consultant shall supervise the works of all
construction contracts in one consultancy package. The work may
involve new buildings as well as upgradation of existing buildings. It
may require pile foundation, open foundation, concrete, centering
shuttering, brick work, plastering flooring,1 roofing, plumbing,
sanitary, electrical acoustic, waterproofing, ceiling works etc
among other relevant works. The work may require modern
machinery and techniques such as prefab, p, shearwall technology
etc. The proposed construction procedure to be adopted may involve
workof retrofitting with the existing buildings to make optimal use of
existing facility...
14.6 Broadly speaking, the works may consist of the following activities,
in addition to the details of construction of conventional buildings,
prefab, precast or shear wall buildings mentioned above: -
(i) Site clearance, surveying by Total Station, contouring;
(ii) Layout;
(iii) Foundation;
(iv) Substructure;
(v) Superstructure;
(vi) Roof and false ceiling work;
(vii) External and internal water supply, sanitary works;
(viii) Sewerage and drainage works;
(ix) Fire safety and protection works;
(x) Finishing, cladding, paneling, etc;
(xi) Internal and external electrification;
(xii) Approach roads, internal roads and minor culverts;
(xiii) Development of play grounds;
(xiv) Addition and alteration of existing buildings;
(xv) Environmental mitigation measures;
(xvi) Implementation of green building concept;
(xvii) Roof water harvesting;
(xviii) Architectural conservation;
(xix) Landscaping, gardening, plantation;
(xx) HVAC, solar water system, solar energy paneling;2
(xxi) Interior decoration;
(xxii) Use of modern finishing material on our surface of building.
15 Objective
The objectives of the proposed Consultancy Services are:
i. Proper management of civil works contract as ‘Engineer’ in terms
of civil works contract including field measurements and quality
assurance work.
ii. Comprehensive supervision of project implementation activities
carried out by the Contractors to ensure complete compliance with
the drawings, technical specifications and various stipulations
contained in the Contract Documents.
Table 1
Minimum Supervision Team Composition and Timing
S. Team Composition Numbers Approximate
No. months of input
1 2 3 4
1. Team Leader One 26 months
2. Assistant Material Engineer 1 26 months
3. Assistant Resident Engineer 1 26 months
Other staff in the team will be as per norms given above. These
team/teams will work under the overall supervision of the team
leader. The requirement of additional teams will be assessed from
time to time with reference to works in progress including work of
previous phases if allotted to the consultant.
Qualification and experience of the RE will be same as for Team
Leader.
**b. Part as stated above shall be ignored if it is less than 50% and shall
be taken as full if it is 50% or more of the volume of work
prescribed for each. For example for the works below Rs.24.00 crore
one AME shall be deployed and for works of Rs.24.00 crore and
above two AME shall be deployed upto volume of work below
Rs.40.00 crore.
Note 2:
o CVs of Team Leader, RE & AREs should be submitted along with the
Technical Bid.
o CVs of Team Leader, RE & AREs should be submitted for the approval
of the Additional Project Director.9
o CVs of Field Engineers should be submitted, for the approval of the
Additional Project Director.
Note 3:
Team Leader - 1
AME - 3
ARE - 10
Field Engineer - 15 RE as required
Headquarters of the ARE and FE shall be fixed by
Team Leader with the approval of Additional Project
Director PIU.
18.4 The Team Leader shall be engaged one month before the
commencement of construction and atleast one month after
substantial completion.
18.5 The Consultant shall have the complete responsibility for the timely
completion of works and no additional fee on any account shall be
paid.
18.6 The composition of team will be as per Table 1 above. However, the
consultant will be free to engage more personnel if required subject
to the conditions of agreement. Consultant should acquaint himself
with the sites and assess their actual position before submitting
financial proposals.
19. Facilities to be provided by the consultant
The consultants shall make their own arrangements for transport
(Vehicle) at the project site. The consultant shall compulsorily
provide transport facility to team members as below: -
Team Leader/Resident Engineer - 1 Jeep
Assistant Material Engineer - 1 Jeep
Assistant Resident Engineers - 1 Jeep
Field Engineer - Motorcycle.
In case appropriate vehicle is not provided by the consultant to
Team Leader/RE/ARE Divisional Project Engineer may hire and
provide vehicle to staff for proper discharge of duties and recover
higher charges paid to vehicle owner +10% from the consultant.
Similarly, if independent vehicle is not provided to each Field
Engineer recovery @ Rs.2,000 per month will be made.
The consultants shall give details in the Technical Proposal and its
costs shall be included in the Financial Proposal including all
facilities, equipment (engineering and office), transport, computer
hardware and peripherals,10 computer software, communication
system (telephone, fax, e-mail/ internet) and support staff which
they consider to carry out the services.
The consultant firm shall depute some Sr. Engr. of
Management level atleast once in two months to discuss the
progress, performance of the team and other issues with Project
Director at headquarter Bhopal. Failure to do so will entail a penalty
of Rs. 50,000/- for each such visit.
20. Reports
20.1 All reports and documents prepared by the Consultants shall be
professionally precise and objective. The report formats shall be
finalized in Consultation with the Employer's officials. The
Consultants shall provide two copies/sets each of the following
20.2 The commencement Report shall contain the details of all meetings
held with the client and the Contractor and decisions taken therein,
the resources mobilized by the Consultants as well as the Contractor
and the Consultants perceptions for the management and supervision
of the project. The Report shall also include the Master Work
Programme and Resource Mobilization for the Project.
20.3 The Progress Reports (monthly and quarterly) shall contain details of
all meetings, decisions taken therein, mobilization of resources
(Consultants' and the Contractors'), physical and financial progress
and the projected progress for the forthcoming periods. The Report
shall clearly bring out the delays, if any, reasons for such delay(s) and
the recommendations for corrective measures. The Report shall also
contain the performance data for Contractor's plant and equipment.
The broad scope of progress reporting is as given under:11
Report on progress of work for each activity stating:
Percentage progress of the activity;
Deviation from the schedule:
Status of the activity (critical, sub-critical):
Status on material procurement and stock:
Cash-flow for each item of works as well as for the
total project
Monthly summary of percentage progress: and
Monthly summary of cash flow.
Projections
Monthly projections of percentage progress and
Monthly projections for cash-flow
Critical Activity
Report on the progress and status of critical activities;
Change of status from non/sub-critical to critical
activity due to slippage;
Statement on slippage and remedial actions taken; and
Effectiveness of the remedial action(s) taken in the
previous month.
Review
Review the progress achieved in the previous month
and revised schedule, if any: and
Review of any changes required in the schedule due to
extraneous reasons beyond the control of the Contactor.
13.
Measuring tapes, levels, scales, gauge and thickness
checking devices.
14. Elongation and flakiness index gauge.
15. Relevant IS, NBC & IRC Codes and publication.
16. Empty bags for collection of samples.13
These equipments/Apparatus should always & be in the inspection
vehicle of AME.
24. Penalties: -
(i) Without prejudice to the provision in clause 8 of this TOR, in case
of delay in satisfactory completion of the project occurs due to
consultant beyond the stipulated period, the consultant shall be liable
to pay penalty @ 0.05%(one twentieth percent) per calendar day
subject to maximum of 2.5%(two and half percent) of contract sum.
For delays in satisfactory completion of work beyond 3 (three)
months, the amount of performance security in part or full as
decided by Additional Project Engineer PIU is liable to be
forfeited.
(ii) Consultant will have to submit final bill of the contractor
with in two months from the date of issue of completion
certificate failing which he will be liable to pay penalty @ 1% of
the consultancy fee payable for concerned work package, for
each week of delay.
[End of TOR]
Between
_________________________________________
(Name of Client)
And
___________________________
(Name of Consultant)
Dated:...................................
# This is a draft Contract for Consultancy Services. In case of any ambiguity, the
provisions of TOR / RFP will prevail while framing the Contract Agreement.
PWD, PIU (PMC) Page 51 of 83
Request for Proposal SQC
1. FORM OF CONTRACT
WHEREAS
(a) the Client has requested the Consultants to provide Project Management
Consultancy Services as defined in the General Conditions of Contract
attached to this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
professional skills, personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral
part of this Contract:
(a) Letter of acceptance (LoA);
(b) Addendum/Corrigendum;
(c) RFP Document;
(d) Technical Submissions.
(e) Financial Submissions.
(f) Copy of Performance Bank Guarantee.
2. The mutual rights and obligations of the Client and the Consultants shall be as
set forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and
(b) The Client shall make payments to the Consultants in accordance with the
(……………………)
(………………………….) Authorized Signatory
Divisional Project Engineer, PIU......
Witness
1. Signature 2. Signature
Name Name
Consultant shall prepare and submit the documents / reports, etc. in due time
and in accordance with the Tender conditions.
2.2. Consultant will maintain for the performance of the Contract, personnel as
determined to be responsible for carrying out this job and such persons shall
not be replaced or substituted without written approval of EMPLOYER.
(b) As soon as practicable and not later than the fifteen (15) days after
the end of each calendar month, during the period of services, the
consultant shall submit to Employer in duplicate itemized statements
accompanied by the copies of the receipted invoices, vouchers and
other appropriate supporting materials of the amounts payable
pursuant to GC clauses 5.3 and 5.4 for such month.
(c) The Employer shall cause the payment of the consultants periodically
as given above within thirty (30) days after the receipt of bills with
supporting documents. Only such portion of a monthly statement/bill
that is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual payment
and cost authorized to be incurred by the consultants; the Employer
may addor subtract the difference from any subsequent payments.
(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 consultants and approved as satisfactory by the Employer.
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
Employer as satisfactory, ninety (90) calendar days after receipt of the final
report and final statement by the Client unless the Employer, within such
ninety (90) days period, gives written notice to the consultants specifying in
detail deficiencies in the services, the final report or final statement. The
consultants shall thereupon promptly make any necessary corrections, and
upon completion of such corrections, the foregoing process shall be
repeated. Any amount which the Employer has paid or caused to do paid in
accordance with this clause in excess of the amounts actually payable in
accordance with the provisions of this agreement shall be reimbursed by the
consultants to the Employer within thirty (30) days after receipt by the
consultants of notice thereof. Any such claim by the Employer for payment
must be made within six (6) calendar months after receipt by the Employer
of a final report and a final statement approved by the Employer in
PWD, PIU (PMC) Page 56 of 83
Request for Proposal SQC
8.4 Deleted.
9.4 Appeal against the order of the Competent Authority can be preferred within
30 days to the Project Director, PWD, PIU. The Appellate Authority shall
decide the dispute within 45 days.
9.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh
Madhyastham Adhikaran Adhiniyam, 1983.
9.6 The Consultant shall have to continue its services with due diligence
notwithstanding pendency of a dispute before any authority or forum.
12. Deleted
14.3 Consultant shall not be entitled either directly or indirectly to make use of the
documents, reports given by EMPLOYER for carrying out of any services with
any third party.
14.4 Consultant shall not, without the prior written consent of EMPLOYER, be
entitled to publish studies or descriptive article with or without illustrations or
data in respect of or in connection with the performance of services.
19. ARTICLE - 19: FORCE MAJEURE :Shall mean and be limited to the
following:
(a) War / hostilities
(b) Riots or Civil commotion
(c) Earthquake, flood, tempest, lightening or other natural physical disasters
(d) Restrictions imposed by the Government or other statutory bodies,
which prevents or delays the execution of the Contract by Consultant
19.1 Consultant shall advise EMPLOYER by a registered letter, duly certified by the
local Chamber of Commerce or statutory authorities, the beginning and end of
the above causes of delay within 'seven [07] days' of the occurrence and
cessation of such Force Majeure conditions. In the event of delay lasting over
'one [01] month', if arising out of causes of Force Majeure, EMPLOYER
reserves the right to cancel the Contract and the provisions governing
termination stated under Article-16 shall apply.
19.2 For delays arising out of Force Majeure, Consultant shall not claim extension
in completion date for a period exceeding the period of delay attributable to the
causes of Force Majeure and neither EMPLOYER nor Consultant shall be
liable to pay extra costs provided it is mutually established that Force Majeure
conditions did actually exist.
19.3 Consultant shall categorically specify the extent of Force Majeure
conditions prevalent in their works at the time of submitting their Bid and
whether the same have been taken into consideration or not in their quotations.
In the event of any force majeure cause, Consultant or the EMPLOYER shall
not be liable for delays in performing their obligations under this order and the
completion dates will be extended to Consultant without being subject to price
reduction for delayed completion, as stated elsewhere.
20 ARTICLE - 20: RECTIFICATION PERIOD
20.1 All services shall be rendered strictly in accordance with the terms and
PWD, PIU (PMC) Page 60 of 83
Request for Proposal SQC
3.0 Deleted.
9.4 Necessary recoveries and all statutory deductions shall be made as per the
relevant rates [as per rules & regulations of Government] from the payments to
the Consultant.
10.0 TAX LIABILITIES
10.1 The prices quoted in the Financial Proposal should be inclusive of all expenses
of transportation, overheads, profits, etc. The same should also be inclusive of
all taxes [except Goods and Service Tax, and cess thereon], duties, levies,
statutory payments, license fees, etc., imposed by the Government of MP Works
Contracts, etc. While quoting the prices, the Consultant shall take into account
all these aspects and no separate payment on any account shall be payable to the
Consultant at a later date.
10.2 Consultant shall be liable for timely payment of all taxes, duties & levies
imposed by any Government / Government Department / Agency / Body
including local autonomous bodies from time to time without any extra claim
from EMPLOYER. However, Goods and Service Tax payable by the
Consultant, if any, shall be reimbursed on production of receipt thereof.
EMPLOYER shall have no liability on these accounts if Consultant informs
EMPLOYER for such liability after closing of the agreement.
10.3 Income Tax deductions shall be made from all payments to the Consultant as per
rules and regulations in force in accordance with the "Income Tax Act"
prevailing from time to time. However, Consultant shall be entitled to get the
"TDS Certificate" for the amount so deducted in the format prescribed by the
'Income Tax Department'.
11.0 DEVIATION
Tender must be submitted without making any additions /alterations. The
bidders shall submit quotation based strictly on terms and conditions and
specifications contained in the Tender Document and not to stipulate any
deviations. Deviations in any manner against any clauses of this tender
document are not allowed and any such deviation if indicated any where
will render the offer non- responsive and shall liable to be rejected .
NOTE: The right to accept the offer will rest with the EMPLOYER.
EMPLOYER, however, does not bind himself to accept the
lowest offer and reserves to itself the Authority to reject any / all
the offers received without assigning any reason whatsoever.
13.2 The EIC shall look after general supervision and directions of the work. He will
be authorized to stop the work with due permission of EMPLOYER, whenever
such stoppage may be necessary to ensure proper execution of the Contract. He
shall also have authority to reject all works, which do not conform to the
specifications.
13.3 The Engineer-in-Charge EIC, with due permission of EMPLOYER, reserves the
right to suspend the work or part thereof at any time and no claim whatsoever on
this account shall be entertained. In case of any dispute, the Contractor may
appeal to EMPLOYER, whose decision shall be final and binding on the
Consultant/Contractor.
be deployed inside the workplace, should strictly follow all safety rules and
regulations. They should be well-conversant with the safety precautions to be
followed in the workplace. The Consultant shall abide by the advice and
guidance of the Safety-Officer in the workplace. In addition, the Contractor/
Consultant shall follow all Safety-Codes framed from time to time. Smoking
inside the workplace premises is strictly prohibited. No Contractor's/
Consultant’s personnel are allowed to possess match boxes, lighters, cigarettes,
biddies, transistors, or any other material which may cause fire hazards.
19.2 Contractor/ Consultant shall also ensure that all existing and amended Fire &
Safety rules / policies of EMPLOYER are strictly observed in the services
rendered by him. Contractor/ Consultant have to strictly adhere to guidance,
instructions issued from time to time in this regard. Any violation on this
account shall be the Contractor's/ Consultant’s responsibility.
19.3 EMPLOYER will not be responsible for any accident/mishap with the
Contractor's/ / Consultant’s employees. The Contractor/ Consultant shall take
necessary action for his employees in case of any incidents.
19.4 EMPLOYER shall not provide any medical assistance and shall have no other
liability whatsoever except as expressly provided under the Contract.
B-20 Termination : The Agreement with Consultant may be terminated at any time
on notice period as specified & reasons listed from (a) to (g) under clause B-20.1 by
EMPLOYER therefore, such termination notwithstanding, the Consultant shall be
entitled to be paid for works actually done by them prior to such termination and shall
be liable to pay to the EMPLOYER all damages which, EMPLOYER may have
become entitled to for omission or commission on their part upon termination of the
Agreement subject to maximum of 10% of the total fee payable.
The consultants may, by not less than thirty (30) days written
notice to the Client such notice to be given after the
occurrence of any of the events specified in paragraphs (a) to
(d) of this Clause, terminate this agreement:
(a) If the Employer fails to pay any money due to consultants
pursuant to this agreement and not subject to dispute within
forty five (45) days after receiving written notice from the
consultants that such payment is overdue;
(b) If the Employer is in material breach of its obligations
pursuant to this agreement and has not remedied the same
within forty five (45) days (or such longer period as the
consultants may have subsequently approved in writing)
following the receipt by the Employer of the consultant’s
notice specifying such breach;
(c) If as the result of Force Majeure, the Consultants are unable
to perform a material potion of the services for a period of
not less than sixty (60) days; or
(d) If the Employer fails to comply with any final decision
reached as a result of arbitration pursuant to clause 8 of this
agreement hereof.
The Parties undertake to act in good faith with respect to each other’s
rights under this agreement and to adopt all reasonable measures to
ensure the realization of the objectives of this agreement.
B-21.2 Operation of the Agreement
The parties recognize that it is impractical in this agreement to provide for every
contingency which may arise during the life of the agreement, and the parties
hereby agree that it is their intention that this agreement shall operate fairly as
between them, and without detriment to the interest of either of them and that if
during the term of this agreement either party believes that this agreement is
operating unfairly, the parties will use their best efforts to agree on such action
as may be necessary to remove the cause or causes of such unfairness, but on
failure to agree on any action pursuant to this Clause shall give rise to a dispute
subject to arbitration in accordance with GC Clause 10 thereof.
==================== X ====================
SECTION : 9 - Appendices
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
Name, address, seal, Phone & Fax no. of the Bank _________________________
Date ______________________________________
1
Give names of all partners if the Consultants is a Joint Venture.
Annexure-III
The essential qualification and experience for the Candidate are as under;
1. Education; should be a Graduate in Civil Engineering from a recognized
University/Institution (higher qualifications and training in Construction
Management/Quality Control of Works will be preferable);
2. Membership: Membership of a recognized Professional Society will be
preferable;
3 Experience: should have a minimum of 15 years experience of Civil
Engineering Works out of which 5 years in the field of infrastructure
projects as RE or EE. He must have completed during the last five years,
at least one construction project for high quality infrastructure work
valuing not less than Rs.5 crores as Project Engineer/Resident Engineer/
Executive Engineer of the Construction Supervision Team.
4. The age of the candidate will not be more than 65 years, however,
this age limit is relaxable up to 70 years in case of qualified,
experienced, meritorious candidates maintaining good health.
d. ARE and field engineers shall work under the supervision of Resident
Engineer.