Delhi Development Authority

REQUEST FOR PROPOSAL

SELECTION OF LANDSCAPE DESIGN CONSULTANT

FOR DEVELOPING

HERITAGE PARKSat
i. Burari: Green Area near Coronation Pillar
ii. Nehru Place: Grand Relic Stupa at Aastha kunj, Kalkaji.
DISCLAIMER

The information contained in this Request for Proposals document (“RFP”) or subsequently
provided to Applicants, whether verbally or in documentary or any other form by or on behalf
of the Authority or any of its employees or advisers, is provided to Applicants on the terms
and conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to the
prospective Applicants or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their Proposals
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Consultancy. Such as sumptions,
assessments and statements do not purport to contain all the information that each Applicant
may require. This RFP may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisers to consider the objectives, technical expertise and
particular needs of each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in this RFP, may not be complete, accurate, adequate or
correct. Each Applicant should, therefore, conduct its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments and information contained in this RFP and obtain independent
advice from appropriate sources.

Information provided in this RFP to the Applicants is on a wide range of matters, some of
which depends upon interpretation of law. The information given is not an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement
of law. The Authority accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on the law expressed herein. It shall always be deemed that all the
Applicants submit bid/give offer on their own; after inspecting the prospective Site; done the
required due-diligence; evaluated all the pros & cons of the work/project; checked with all the
departments & authorities whether administrative, judicial or quasi-judicial; execute the work
at their own risk & cost; and have duly considered that the entire work has to be done by the
selected Applicant on its own and without in any manner holding DDA responsible there for.

The Authority, its employees and advisers make no representation or warranty and shall have
no liability to any person including any Applicant under any law, statute, rules or regulations
or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost
or expense which may arise from or be incurred or suffered on account of anything contained

1|P age
in this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or
completeness of the RFP and any assessment, assumption, statement or information contained
therein or deemed to form part of this RFP or arising in any way in this Selection Process.
The work shall be awarded and site shall be handed over on the principle of ‘As Is Where Is
Basis’.

The Authority also accepts no liability of any nature whether resulting f rom negligence or
otherwise, howsoever caused, arising from reliance of any Applicant upon the statements
contained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumption contained in this
RFP.

The issue of this RFP does not imply that the Authority is bound to select an Applicant or to
appoint the Selected Applicant, as the case may be, for the Consultancy and the Authority
reserves the right to reject all or any of the Proposals without assigning any reasons
whatsoever.

The applicant shall bear all its costs associated with or relating to the preparation and
submission of its proposal including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required by
the authority or any other costs incurred in connection with or relating to i ts proposal. All
such costs and expenses will remain with the applicant and the authority shall not be liable in
any manner whatsoever for the same or for any other costs or other expenses incurred by an
applicant in preparation or submission of the proposal, regardless of the conduct or outcome
of the selection process.

2|P age
GLOSSARY
Agreement As defined in Schedule-2
Agreement Value As defined in Clause 6.1.2 of Schedule-2
Applicable Laws As defined in Schedule-2
Applicant As defined in Clause 2.1.1
Associate As defined in Clause 2.3.3
Authorised Representative As defined in Clause 2.14.3
Authority As defined in Clause 1.1.1

Bid Security As defined in Clause 2.21.1

Contract Agreement As defined in Clause 1.1.3

Contractor As defined in Clause 1.1.3
Conditions of Eligibility As defined in Clause 2.3.1
Conflict of Interest As defined in Clause 2.4.1
Consultancy As defined in Clause 1.2
Consultancy Team As defined in [Paragraph 10] of Schedule-1
Consultant As defined in Clause 1.2
CV Curriculum Vitae
Deliverables As defined in Paragraph 8 of Schedule-1
Documents As defined in Clause 2.12
Effective Date As defined in Clause 2.1 of Schedule-2
Eligible Assignments As defined in Clause 3.1.6
Expatriate Personnel As defined in Clause 1.1.1(i) of Schedule-2
Financial Proposal As defined in Clause 2.16.1
Form of Agreement Form of Agreement as in Schedule-2

INR, Re, Rs. Indian Rupee(s)

Key Personnel As defined in Clause 2.2

Lead Member As defined in Clause 2.1.1
LOA Letter of Award

Member As defined in Clause 2.4.3 (G)

Official Website As defined in Clause 1.11.2

Personnel As defined in Clause 1.1.1(n) of Schedule-2

Professional Personnel As defined in Clause 2.15.6

Prohibited Practices As defined in Clause 4.1

Project As defined in Clause 1.1.1

Project Manager As defined in Clause 4.5 of Schedule-2

3|P age
Proposal As defined in Clause 1.2

Proposal Due Date or PDD As defined in Clauses 1.7 and 1.10

Resident Personnel As defined in Clause 1.1.1(o) of Schedule-2

RFP As defined in Disclaimer

Selected Applicant As defined in Clause1.8

Selection Process As defined in Clause 1.8
Services As defined in Clause 1.1.1(q) of Schedule-2
Sole Firm As defined in Clause 2.1.1

Statutory Auditor An Auditor appointed under Applicable Laws

Sub-Consultant As defined in Clause 1.1.1(r) of Schedule-2

Support Personnel As defined in Clause 2.15.6

Team Leader As defined in Clause 2.2

Technical Proposal As defined in Clause 2.15.1
TOR As defined in Clause 1.1.4
US$ United States Dollar
WG As defined in Paragraph 9.1 of Schedule-1

The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.

4|P age
LIST OF CONTENTS
S.No. Contents Page no.
DISCLAIMER………………………………………………………….. 1
GLOSSARY…………………………………………………………..… 3
LIST OF CONTENTS…………………………………………………... 5
ADVERTISEMENT……………………………………………………… 8

1. INTRODUCTION TO THE PROJECT

1.1 Project Background…………………………………………….. 09
1.2 Request for Proposal………………………………………….… 09
1.3 Due Diligence by Applicants…………………………………… 10
1.4 Sale of RFP Document………………………………….……… 11
1.5 Bid Submission…………………………………………………. 11
1.6 Validity of the Proposal………………………………………… 11
1.7 Brief description of the Selection Process……………………… 11
1.8 Currency Conversion rate and Payment…………………….….. 11
1.9 Schedule of Selection Process……………………………..…… 12
1.10 Pre-Proposal visit to the Site and Inspection of Area…………… 12
1.11 Pre-Bid Meeting…………………………………..……….…..… 12
1.12 Communications…………………………………………..….… 12

2. INSTRUCTIONS TO APPLICANTS
A GENERAL
2.1 Scope of Proposal……………………………………………..… 13
2.2 Key Personnel…………………………………………….…..… 14
2.3 Conditions of Eligibility of Applicants………………………… 15
2.4 Conflict of interest………………………………………..…….. 17
2.5 Number of proposals…………………………………..……….. 19
2.6 Cost of proposals…………………………………………..…… 19
2.7 Site visit and Verifications of Information………………..….... 19
2.8 Acknowledgement by Applicant…………………………..…… 20
2.9 Right to reject any or all Proposals……………………………… 20

B DOCUMENTS
2.10 Contents of the RFP………………………………………………… 20
2.11 Clarifications……………………………………………………..… 22
2.12 Amendment of RFP…………………………………….....…..…… 22
5|P age
 C PREPERATION AND SUBMISSION OF PROPOSAL
2.13 Language ………..……………………………………………..…… 22
2.14 Format and signing of proposal…………………………..…..……. 23
2.15 Technical Proposal………………………………………………….. 24
2.16 Financial Proposal………………………………………..….……… 25
2.17 Submission of proposal …………………………………………… 26
2.18 Proposal Due Date…………………………………….…..………… 29
2.19 Late Proposals……………………………………..………………… 29
2.20 Modification/ substitution/ withdrawal of Proposals……….……… 29
2.21 Bid Security Deposit…………………………………………..…… 30
2.22 Performance Guarantee….……………………………..………… 30

D EVALUATION PROCESS
2.23 Evaluation Process…………………………………………..……… 31
2.24 Confidentiality …………………………………………..…….…… 33
2.25 Clarifications required from the Consultant………………..……… 33

E APPOINTMENT OF CONSULTANT
2.26 Negotiations……………………………………………………...… 33
2.27 Substitution of Key Personnel………………………………..…… 33
2.28 Indemnity……………………………………………………..…… 33
2.29 Award of Consultancy…………………………….………….…… 34
2.30 Execution of Agreement…………………………………………… 34
2.31 Commencement of Assignment………………………..……..…… 34
2.32 Proprietary Data……………………………………..……………… 34
3. CRITERIA FOR EVALUATION
3.1 Evaluation of Technical Proposals……………………………..… 35
3.2 Short-listing of the Applicants……………………………….…… 38
3.3 Evaluation of Financial Proposal………………………….…… 38
4. FRAUD AND CORRUPT PRACTICES……….……………………..….. 40
5. PRE BID MEETING…………………………………………………..….. 41
6. MISCELLANEOUS…….……………………….………………....…….. 41

SCHEDULES…….………………………………………….……………………….… 43

6|P age
 SCHEDULE 1…………………………………………….…………… ...44 to 55

Terms of Reference ………………………………………………….46

Objective……………………………………………………………..46
Scope of work………………………………………………………..47
Schedule of services…………………………………………………48
General instruction regarding submission…………………………. .51
Indicative Time and Payment “Schedule……………………………..52
Submission of Proposal……………………………………………...54
Evaluation and Selection Process …………………………………..52
Additions and alternations: ………………………………………….54
SCHEDULE 2………………………………………………….…………56to 91

Annex-1 Agreement…..…………………………………………… 58
Annex-2 Deployment of Personnel ……………………………....……. 78
Annex-3 Approved Sub-Consultant(s) ………………………………… 79
Annex-4 Cost of Services……………………………………..…..…… 80
Annex-5 Payment Schedule………………………………………….… 81
Annex-6 Bank Guarantee for Performance Security…………………… 82
Annex-7 Integrity Pact ……….………………………………………… 84
SCHEDULE 3…………………………………………………………….….… 92

APPENDICES

1. Appendix 1: TECHNICAL PROPOSAL Page no.

Form-1 Letter of Proposal……………………………………………… 97

Form-2 Particulars of the Applicant……………………………..…..… 100
Form-3 Statement of Legal Capacity…………………………………… 103
Form-4 Power of Attorney……………………………………………… 104
Form-5 Financial Capacity of the Applicant…………………………… 106
Form-6 Particulars of key personnel…………………………............… 107
Form-7 Abstract of Eligible Assignments of the Applicant …………… 108
Form-8 Abstract of Eligible Assignments of Key Personnel ……..…… 110
Form-9 Eligible Assignments of Applicant ……………………….…… 111
Form-10 Eligible Assignments of Key Personnel…………………..…… 112
Form-11 Curriculum Vitae (CV) of Key Personnel………………..…… 113
Form-12 Proposal for Sub-Consultant(s)……………………………..… 114
Form-13 Awards & Accreditations (if any), brochures.……….……...... 115
Certificates, photos etc.
Form-14 Drawings Depicting Project Concept……………………..…… 116
Form-15 Affidavit- Corrections of CV’s and experience………………… 117
2. Appendix 2: FINANCIAL PROPOSAL

Form-1 Covering Letter.…………………………………..……...…..… 118

Form-2 Price Proposal for Landscape Design Consultancy……….....… 119
3. ANNEXURE X: INFORMATION REGARDING SITES
1. BurariSite ……………………………………………………..…………..120
2. Nehru Place Site…………………………………………………………...126
7|P age
ADVERTISEMENT

DELHI DEVELOPMENT AUTHORITY

Request for proposal for Selection of Landscape Design Consultant for DDA Heritage Park
(a) Burari: Green Area near Coronation Pillar (b) Nehru Place: Grand Relic Stupa at
AsthaKunj, Kalkaji.

RFP No. & Date -

Bid Security - Rs.2,00,000./-(Lump Sum)

E-Tendering annual charges - Rs.20,000/- +GST as applicable

Time of Completion of Work – 17 weeks (120 Days)

The Tender/RFP document is available at DDA’s website www.dda.org.in and at CPP portal
of NIC at URL http://eprocure.gov.in/eprocure/app

Schedule of bid process:

S. No. Information Dates/Details

1 Release of RFP 17 th February, Monday 2020

2 Last date of submission of written queries for 24 th February, Monday 2020
clarification
3 Date of Pre-Bid meeting 28 th February, Friday 2020
4 Release of response to clarifications 09 th March, Monday 2020

5 Last date of submission of RFP 20 th April, Monday 2020

6 Opening of Technical Bids 22 nd April, Wednesday 2020
7 Presentation of Technical Bids *24 th April, Friday 2020

8 Declaration of Technical Bid Result 27 th April, Monday 2020

9 Place, Time & date of Opening of Financial Bid To be informed after Technical
Evaluation

10 Addressee and address at which proposal in Executive Engineer, South

response to RFP notice is to be submitted Division-1, Sirifort Sports
Complex, New Delhi-110049

For any clarification may contact at Ph.011-23370585, 011-23370562

Please visit DDA’s website at www.dda.org.inAny inevitable change in date or time

would be informed in advance. Selected participants would be informed separately.

8|P age
1. INTRODUCTION TO THE PROJECT

1.1Project Background
DDA undertakes Landscape Design Consultant for DDA Heritage Park (a) Burari G r e en :
Area near Coronation Pillar (b) Nehru Place: Grand Relic Stupa at AasthaKunj, Kalkaji.
1.1.1 Delhi Development Authority (DDA) has been playing a key role in the overall
development and management of green spaces with conscious efforts towards the
development of open spaces as Regional parks, District parks, Green Belts and
Neighborhood greens. With many small and big parks under its jurisdiction, DDA has
kept its commitment for up-gradation and maintenance of these green areas, which
form the lungs of the city.
Besides the basic intent of development and up-gradation of DDA Greens, DDA
proudly participates in increasing awareness of Indian Heritage amongst the public.
With this patriotic intention in mind, DDA intends to hire Landscape Design
Consultant to provide support in the conceptualization and development of two
identified Parks for showcasing Heritage of the city. Eligible Applicants would be
screened for selection as Landscape Design consultant based on their presented
concept and proposed fee structure as per conditions of this RFP documents
1.1.2 The DDA’s Heritage Parks aim to symbolize the rich cultural heritage of the city
through aspects like the shift and evolution of arts, crafts, culture, Architectural
building types, food, music, etc., that came with the different rulers of the city. It is
proposed to showcase the heritage of the city is uniquely presented techniques in
varied settings, where the public can explore the glorious cities of Delhi through the
experience of the five senses and advancement of technology alike. The sites are parts
of following two identified parks:
(a) Project 1: DDA’s Heritage Park
Burari: Recommencement of Coronation Park,
(50acres approximately)
(b) Project 2: DDA’s Heritage Park
Nehru Place: Grand Relic Stupa at Aastha Kunj, Kalkaji
(20 acres approximately)
1.1.3 If found technically feasible and financially viable, the Project may be awarded to a
private entity (the “Contractor”) selected through a competitive bidding process. The
Project would be implemented in accordance with the terms and conditions stated in
the contract agreement to be entered into between the Authority and the Contractor
(the “Contract Agreement”).

1.1.4 In pursuance of above, the Authority has decided to carry out the process for selection
of Landscape Design Consultant. The consultant shall prepare the plan in accordance
with the Terms of Reference (TOR).

1.2. Request for Proposals

The Authority invites proposals for selection of Landscape Design Consultant FOR
DEVELOPING HERITAGE PARKS AT (I) BURARI: GREEN AREA NEAR
CORONATION PILLAR(II) NEHRU PLACE: GRAND RELIC STUPA AT

9|P age
 ASTHA KUNJ, KALKAJI. The Landscape Design Consultant shall prepare a plan in
conformity with the TOR (collectively the Consultancy).

The Authority intends to select the Consultant through an open competitive bidding
process in accordance with the procedure set out herein.

1.3. Due diligence by Applicants

Applicants must make themselves fully aware about the assignment and the local
conditions before submitting the Proposal by doing appropriate research, checking all
the applicable laws, bye-laws, rules, regulations, orders, notices, circulars, policies,
requirements, sanctions confirming with all the departments, authorities, agencies
whether government, judicial or quasi-judicial, visiting the the Project site, sending
written queries to the Authority, and attending a Pre-Bid meeting on the date and time
specified in Clause1.9or in any other manner as may be deemed proper and required
by the bidders for successful completion of the project/work without in any man ner
complaining to the Authority. It shall always be deemed that all the Applicants have
properly done the required due-diligence and have made themselves aware of all sorts
of contingencies & factors which can affect the proper execution of the work. No loss
of profits, damages, extra fee, costs, interest, and/or compensation shall be paid to the
successful Applicant/Consultant nor shall the successful Applicant/consultant be
entitled to be paid any such amount on any such ground. Since only specialist persons
are invited to submit the bid, therefore, it shall always be presumed that any
contingency which can affect the execution of the work in any manner, if could be
visualize by the Authority could be visualize by the successful Applicant/Consultant
as well and the bid has been submitted considering all such contingencies and factors.

1.4. Availability of RFP (Request for Proposal) Document

RFP document can be downloaded from the website

http://eprocure.gov.in/eprocure/appor www.dda.org.in free of cost. Kindly see
procedure under e-tendering.

1.4.1 Intending agencies/tenderers need to register themselves on the e-tendering Website

http://eprocure.gov.in/eprocure/app. Aspiring Bidders/ Suppliers who have not
enrolled/registered in e-procurement should enroll/register before participating. The
portal enrollment is free of cost. For any further clarification Contact support-
[email protected] or 24 x 7 helpline 0120-4200462,0120-4001002, 0120-4001005, 120-
6277787 and Toll Free No. 1800 3070 2232 or send a mail over to – cppp-
[email protected].

If needed they can be imparted training on online tendering process as per details
available on the website. The intending bidder must have valid class -II or class-III
digital signature to submit the bid.

1.4.2 All intending bidders are required to get registered with CRB/DDA by depositing e -
registration fee of Rs. 20,000/- (+) GST (as applicable). The fee for the CRB
registration is to be deposited in the account of CRB/DDA and not in the account of
Sr. AO/DDA. The account detail of CRB/DDA is as under:

PAO/EW/DDA, Central Bank of India, Vikas Minar, New Delhi;

Account No.: 1075843312, IFSC Code: CBINO281467.

1.4.3 In addition to this, Bid Security amounting to Rs. 2,00,000/-(lumpsum) shall have to
be deposited as under:

10 | P a g e
 Bid Security shall be deposited through RTGS/NEFT in the account of Sr. AO/
CAU/South Zone having account No. 16651110000012 with HDFC bank Ltd. at
G-8, Hauz Khas Market, New Delhi -110016(IFSC Code HDFC-0001665).Proof
of payment i.e., RTGS/NEFT number and its scan copy is to be uploaded in the Pre -
qualification bid. The Executive Engineer, SD-1, DDA will get bid security / earnest
money verified from CAU(SZ) based on the unique transaction reference number
(UTR) against RTGS/NEFT payment before opening of bid.

1.5. Bid Submission:

The bid shall be uploaded in three parts:

Part “A” containing scanned copy of the

i) unique transaction references of RTGS/NEFT against Bid Security

ii) e-tendering annual processing fee/charge with CRB.

iii) Acceptance Letter (to be given on company letter head).

iv) Certificate of registration of CGST/SGST and acknowledgment of update

filled return. Shall have to be uploaded by the bidder in the e -tendering
system at the time of uploading of the tender.

v) Certificate of registration of ESIC

vi) Certificate of Registration of EPFO

Part “B” containing scanned copy of Technical Bid in the specified format as
per RFP to be submitted online as well as offline and online document
will be considered in case of any discrepancy in online & offline
document

Part “C” containing Financial Bid to be submitted online only.

Hard copies of documents related to Technical Bid and UTR of Bid Security & e-tendering
processing fees (Part ‘A’ & ‘B’)shall also be submitted to Executive Engineer- South
Devision-1,at least 1(one) hour prior to the time of opening of Technical Proposals.

1.6. Validity of the Proposal

The Proposal shall be valid for a period of not less than 120 days from the Proposal
Due Date (the “PDD”).

1.7. Brief description of the Selection Process

The Authority has adopted a two-stage selection process (collectively the “Selection
Process”) for evaluating the Proposals comprising technical and financial bids. In the
first stage, a technical evaluation will be carried out as specified in Clause 3.1
wherein the consultants shall make presentations. Based on this technical evaluation,
a list of short-listed applicants shall be prepared as specified in Clause 3.2 In the
second stage, a financial evaluation will be carried out as specified in Clause 3.2.
Proposals will finally be ranked according to their combined technical and financial
scores as specified in Clause 3.3. The first ranked Applicant shall be selected for
negotiation (the “Selected Applicant”) while the second ranked Applicant will be
kept in reserve.

11 | P a g e
1.8 Currency conversion rate and payment

1.8.1 The single currency for price conversions is: Indian Rupees
The source of official selling rates is: State Bank of India and the date of
exchange rate is date of submission of proposal/ PDD.
1.8.2 All payments to the Consultant shall be made in INR in accordance with the
provisions of this RFP. The Consultant may convert INR into any foreign currency as
per Applicable Laws and the exchange risk, if any, shall be borne by the Consultant.

1.9 Schedule of Selection Process

The Authority would endeavour to adhere to the following schedule:

Event Description Date
1. Release of Request for Proposal (RFP) 17 th February, 2020
document
2 Last date for receiving 24 th February, 2020, Monday
queries/clarifications
3 Pre-Bid Meeting 28 th February, 2020 Tuesday
4. Authority response to queries 9 th March, 2020
5. Proposal Due Date or PDD 20 th April, 2020
6. Date and time of opening of Technical 22th April, 2020
Proposal
7. Presentation of the proposal 24 th April, 2020
8. Date and time of opening of Financial To be informed separately after
Proposal evaluation of Technical proposal
9. Letter of Award To be announced later
10 Signing of Concession Agreement Within 10 days of award of LOA

11 Validity of Bids 90 days of Proposal Due Date

1.10 Pre-Proposal visit to the Site and inspection of data

Prospective Applicants may visit the Site and review the available data at any time
prior to PDD. For this purpose, they will provide a day notice to the nodal officer
specified below:

Phone: 011- 23370585, 23370562

Mobile: 9560264646
Email: [email protected]

1.11 Pre-bid Meeting

The date, time and venue of Pre-Proposal Conference shall be:
Date: 28 th February, 2020 Friday
Time: 11.00 hrs
Venue: Conference Hall, 5 th Floor, Vikas Minar, ITO, New Delhi-110002
1.12 Communications:

1.12.1 All communications including the submission of proposal should be addressed to

Address: Executive Engineer, South Division-I,
PHONE: 9810144997, [email protected]

12 | P a g e
2. INSTRUCTIONS TO APPLICANTS

A GENERAL

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scop0e of services, Deliverables and other
requirements relating to this Consultancy are specified in this RFP. Only those firms
/ persons possesses the requisite experience and capabilities required for undertakin g
the Consultancy, should participate in the Selection Process either individually (the
“Sole Firm”) or as lead member of a consortium of firms (the “Lead Member”) in
response to this invitation. The term applicant (the “Applicant”) means the Sole Firm
or the Lead Member, as the case may be. The manner in which the Proposal is
required to be submitted, evaluated and accepted is explained in this RFP.

2.1.2 Applicants are advised that the selection of Consultant shall be on the basis of an
evaluation by the Authority 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 the
Authority’s decisions are without any right of appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified in this Part-2
of the RFP. The Technical proposal shall be submitted in the form at Appendix-I and
the Financial Proposal shall be submitted in the form at Appendix-II. Upon selection,
the Applicant shall be required to enter into an agreement with the Authority in the
form specified at Schedule-2.

2.1.4 The Consultant shall prepare the proposal and execute the work on the basis of and
taking into consideration all the applicable laws, bye-laws, norms, rules, regulations,
plans, latest standards, codes, specifications, guidelines etc. issued by all the
concerned authorities and for the purpose shall take all types of permissions required
from various authorities.
2.1.5 All the observations and changes suggested by all the concern departments and
authorities will be incorporated by the Consultant in the proposal and nothing extra
shall be paid on this account. In case, the Consultant has to do any major change,
DDA may in its sole discretion grant additional time required to do any such change
or to incorporate any such suggestion. However, on this account no extra amount/fee
shall be paid to the Consultant.
2.1.6 Consultant alone shall be responsible to do the stakeholder consultation with all the
authorities & departments and shall deal with the on its own..
2.1.7 All and any type of permission(s) required to accomplish the project and/or to achieve
any particular stage, shall be taken by the Consultant on its own from all the
Authorities.
2.1.8 It is made clear that DDA also has various different departments and, if approval of
different departments of the DDA is required, same shall also be taken by the
Consultant on its own.
2.1.9 Consultant shall always ensure that no loss or damage is caused to DDA. However, if
any such situation arise, Consultant shall always ensure that, losses if any, are
reduced to a minimum level and to immediately inform the D.D.A., if any such
situation arises which can cause loss / damage to the D.D.A., any other person or to
the Consultant. The principle of mitigation of losses shall always apply.

13 | P a g e
2.1.10 The Consultant alone shall have the overall responsibility to complete the entire
project after taking all the required approvals & permissions from all the Authorities
concern. DDA shall not at all be responsible for delay, withholding or refusal to grant
approval(s) and/or sanction(s) and/or permission(s) by any of the Authorities on any
ground, whatsoever.
2.1.11 In nutshell, Consultant alone shall be fully responsible to ensure the proper,
satisfactory and timely completion of the entire work.

2.2 Key Personnel

The Consultancy Team shall consist of the following key personnel (the “Key
Personnel”) who shall discharge their respective responsibilities as specified below:-

S.No. Key Personnel

1 Principal Landscape
Architect
2 Landscape Architects
3. Architect
4. Urban Planner
5. Finance Expert

2.3 Conditions of Eligibility of Applicants

2.3.1 Applicants must read carefully the minimum conditions of eligibility (the
“Conditions of Eligibility”) provided herein. Proposals of only those Applicants who
satisfy the Conditions of Eligibility will be considered for evaluation.

2.3.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following:

a) Technical Capacity: The Applicant shall have, over the past 7(seven) years
preceding the PDD, undertaken the eligible Assignments as specified in Clause
3.1.6

b) Financial Capacity: The Applicant shall have average annual turnover or

received gross fee of INR 50 (fifty) crore per annum from professional fees
during each of the 3 (three) financial years preceding the Proposal Due Date. For
the purpose of evaluation, Applicants having comparatively larger revenues from
professional fees shall be given added weightage. For the avoidance of doubt,
professional fees hereunder refer to fees received by the Applicant for providing
advisory or consultancy services to its clients.

c) Availability of Key Personnel: The Applicant shall offer and make available all
Key Personnel meeting the requirements specified in sub clause d) below.

14 | P a g e
d) Conditions of Eligibility for Key Personnel: Each of the Key Personnel must
fulfill the Conditions of Eligibility specified below:

Key No. Educational Length of Experience on Eligible

Personnel Qualification Professional Assignments
Experience
Principal 01 Bachelor of 10 years Shall be an Empanelled
Landscape Architecture Landscape Architect with the
Architect and Landscape and Environmental
Masters of Planning Department, DDA
Landscape or
Architecture
Shall meet the following
eligibility criteria:
a) The applicant should be an
individual/group of consultants
and either shall be registered or
have a registered firm in India;
b) The individual or at least one
partner of the Firm shall be
registered with the Council of
Architecture (CoA), India.
c) The Landscape Architect or
Firm should have professional
experience of landscape design
projects in providing
consultancy services during
five years preceding to date of
issue of EOI. This should be
supported by necessary
documentary proof.
d) The Landscape Architect/Firm
should have rendered landscape
consultancy services for any one
similar landscape project of the
same scale with an aggregate
project cost not less than Rs. 2.0
crores, during the last 05 years
preceding date of issue of EOI.
This should be supported by
certificate/s from the client/s for
the satisfactory completion of
the project.
e) Due consideration will be give n
to the Consultants possessing a
post- graduation degree in
15 | P a g e
 Key No. Educational Length of Experience on Eligible
Personnel Qualification Professional Assignments
Experience
Landscape Architecture from a
recognized college/ university.
f) The Landscape Architect/Firm
should have valid PAN No. and
Service Tax Registration no.

Landscape 03 Bachelor of 2-5 years

Architects Architecture
and Masters
of Landscape
Architecture
Architect 02 Bachelor of 5 years Members of Council of
Architecture Architecture.
Urban 1 B. Planning 10 years Design specifications
Planner development/ review and
dedicated cost estimates of
similar projects.
Finance 1 CA/MBA 5 years Financial structuring of
Expert infrastructure projects, Model
preparation, Risk analysis of at
least 2 Urban Landscape projects

Note- The consulting firm/intending parties should have at least one expert each of any
specific field which is being used in their concept of designs.

2.3.3 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory
Auditors1 stating its total revenues from professional fees during each of the 3 (three)
financial years preceding the PDD and the fee received in respect of each of the
Eligible Assignments specified in the Proposal. In the event that the Applicant does
not have a statutory auditor, it shall provide the requisite certificate(s) from the f irm
of Chartered Accountants that ordinarily audits the annual accounts of the Applicant

2.3.4 The Applicant should submit a Power of Attorney as per the format atForm -4 of
Appendix-I ; provided, however, that such Power of Attorney would not be requi red
if the Application is signed by a partner of the Applicant, in case the Applicant is a
partnership firm or limited liability partnership.

2.3.5 Any entity which has been barred by the Central Government, any State Government,
a statutory authority or a public sector undertaking, as the case may be, from

1 No separate annual financial statements should be submitted

16 | P a g e
 participating in any project, and the bar subsists as on the date of Proposal, would not
be eligible to submit a Proposal either by itself or through its Associate.

2.3.6 An Applicant or its Associate should have, during the last three years, neither failed
to perform on any agreement, as evidenced by imposition of a penalty by an arbitral
or judicial authority or a judicial pronouncement or arbitration award against the
Applicant or its Associate, nor been expelled from any project or agreement nor have
had any agreement terminated for breach by such Applicant or its Associate.

2.3.7 While submitting a Proposal, the Applicant should attach clearly marked and
referenced continuation sheets in the event that the space provided in the specified
forms in the Appendices is insufficient. Alternatively, Applicants may f ormat the
specified forms making due provision for incorporation of the requested information.

2.4 Conflict of Interest

2.4.1 An Applicant shall not have a conflict of interest that may affect the Selection Process
or the Consultancy (the “Conflict of Interest”). Any Applicant found to have a
Conflict of Interest shall be disqualified. In the event of disqualification, the
Authority shall forfeit and appropriate the Bid Security as mutually agreed genuine
pre-estimated compensation and damages payable to the Authority for, inter alia, the
time, cost and effort of the Authority including consideration of such Applicant’s
Proposal, without prejudice to any other right or remedy that may be available to the
Authority hereunder or otherwise.

2.4.2 The Authority requires that the Consultant provides prof essional, objective, and
impartial advice and at all times hold the Authority’s interests paramount, avoid
conflicts with other assignments or its own interests, and act without any
consideration for future work. The Consultant shall not accept or engage in any
assignment that would be in conflict with its prior or current obligations to other
clients, or that may place it in a position of not being able to carry out the assignment
in the best interests of the Authority.

2.4.3 Some guiding principles for identifying and addressing Conflicts of Interest have
been illustrated in the Guidance Note at Schedule-3. Without limiting the generality
of the above, an Applicant shall be deemed to have a Conflict of Interest affecting the
Selection Process, if:

(a) The Applicant, its consortium member (the “Member”) or Associate (or any
constituent thereof) and any other Applicant, its consortium member or
Associate (or any constituent thereof) have common controlling shareholders
or other ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding or ownership interest of an
Applicant, its Member or Associate (or any shareholder thereof having a
shareholding of more than 5% (five per cent) of the paid up and subscribed
share capital of such Applicant, Member or Associate, as the case may be) in
the other Applicant, its consortium member or Associate is less than 5 per
cent of the subscribed and paid up equity share capital thereof; provided
further that this disqualification shall not apply to any ownership by a bank,
insurance company, pension fund or a public financial institution referred to
in sub-section (72) of section 2 of the Companies Act, 2013. For the purposes
of this Clause 2.3.3(a), indirect shareholding held through one or more
intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in
any other person (the “Subject Person”) shall be taken into account for

17 | P a g e
 computing the shareholding of such controlling person in the Subject Person;
and (bb) subject always to sub-clause (aa) above, where a person does not
exercise control over an intermediary, which has shareholding in the Subject
Person, the computation of indirect shareholding of such person in the
Subject Person shall be undertaken on a proportionate basis; provided,
however, that no such shareholding shall be reckoned under this sub -clause
(bb) if the shareholding of such person in the intermediary is less than 26%
(twenty six per cent) of the subscribed and paid up equity shareholding of
such intermediary; or

(b) A constituent of such Applicant is also a constituent of another Applicant; or

(c) Such Applicant or its Associate receives or has received any direct or indirect
subsidy or grant from any other Applicant or its Associate; or

(d) Such Applicant has the same legal representative for purposes of this
Application as any other Applicant; or

(e) Such Applicant has a relationship with another Applicant, directly or through
common third parties, that puts them in a position to have access to each
other’s information about, or to influence the Application of either or each of
the other Applicant; or

(f) There is a conflict among this and other consulting assignments of the
Applicant (including its personnel and Sub-consultant) and any subsidiaries
or entities controlled by such Applicant or having common controlling
shareholders. The duties of the Consultant will depend on the circumstances
of each case. While providing consultancy services to the Authority for this
particular assignment, the Consultant shall not take up any assignment that by
its nature will result in conflict with the present assignment; or

(g) A firm which has been engaged by the Authority to provide goods or works
or services for a project, and its Associates, will be disqualified from
providing consulting services for the same project save and except as
provided in Clause 2.3.4; conversely, a firm hired to provide consulting
services for the preparation or implementation of a project, and its Members
or Associates, will be disqualified from subsequently providing goods or
works or services related to the same project; or

(h) The Applicant, its Member or Associate (or any constituent thereof), and the
bidder or Contractor, if any, for the Project, its contractor(s) or sub -
contractor(s) (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this disqualification
shall not apply in cases where the direct or indirect shareholding or
ownership interest of an Applicant, its Member or Associate (or any
shareholder thereof having a shareholding of more than 5% (five per cent) of
the paid up and subscribed share capital of such Applicant, Member or
Associate, as the case may be,) in the bidder or Contractor, if any, or its
contractor(s) or sub-contractor(s) is less than 5% (five per cent) of the paid up
and subscribed share capital of such Contractor or its contractor(s) or sub-
contractor(s); provided further that this disqualification shall not apply to
ownership by a bank, insurance company, pension fund or a Public Financial
Institution referred to in sub-section (72) of section 2 of the Companies Act,
2013. For the purposes of this sub-clause (h), indirect shareholding shall be
computed in accordance with the provisions of sub-clause (a) above.

18 | P a g e
 For purposes of this RFP, Associate means, in relation to the Applicant, a person who
controls, is controlled by, or is under the common control with such Applicant (the
“Associate”). As used in this definition, the expression “control” means, with respect
to a person which is a company or corporation, the ownership, directly or indirectly,
of more than 50% (fifty per cent) of the voting shares of such person, and with
respect to a person which is not a company or corporation, the power to direct the
management and policies of such person by operation of law or by contract.

2.4.4 An Applicant eventually appointed to provide Consultancy for this Project, and its
Associates, shall be disqualified from subsequently providing goods or works or
services related to the construction and operation of the same Project and any breach
of this obligation shall be construed as Conflict of Interest; provided that the
restriction herein shall not apply after a period of 5 (five) years from the completion
of this assignment or to consulting assignments granted by banks/ lenders at any time;
provided further that this restriction shall not apply to consultancy/ advisory services
performed for the Authority in continuation of this Consultancy or to any subsequent
consultancy/ advisory services performed for the Authority in accordance with the
rules of the Authority. For the avoidance of doubt, an entity affiliated with the
Consultant shall include a partner in the Consultant’s firm or a person who holds
more than 5% (five per cent) of the subscribed and paid up share capital of the
Consultant, as the case may be, and any Associate thereof.

2.5 Number of Proposals

No Applicant or its Associate shall submit more than one Application for the
Consultancy. An Applicant applying individually or as an Associate shall not be
entitled to submit another application either individually or as a member of any
consortium, as the case may be.

2.6 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the preparation
of their Proposals and their participation in the Selection Process including
subsequent negotiation, visits to the Authority, Project site etc. The Authority will not
be responsible or in any way liable for such costs, regardless of the conduct or
outcome of the Selection Process.

2.7 Site visit and verification of information

Applicants are advised strictly to submit their respective Proposals only after visiting
the Project site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, access to the site, availability of drawings and other data with
the Authority, Applicable Laws and regulations or any other matter considered
relevant by them.including but not limited to the conditions which may affect the
commencement or execution of the work. Whether the Applicants visit the Site or
not, it shall always be deemed that all the Applicants have visited the Site, taken care
of all types of contingencies which may affect the work and have done their due -
diligence and have satisfied themselves in all respects, whatsoever. The Applicant(s)
alone shall be responsible to take care of all such factors which may affect the
execution of the work in any manner.

19 | P a g e
2.8 Acknowledgement by Applicant

2.8.1 It shall be deemed that by submitting the Proposal, the Applicant has:

a) Made a complete and careful examination of the RFP;

b) Received all relevant information requested from the Authority;

c) acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the RFP or furnished by or on behalf of the Authority or
relating to any of the matters referred to in Clause 2.7 above;

d) Satisfied itself about all matters, things and information, including matters referred to
in Clause 2.7 herein above, necessary and required for submitting an informed
Application and performance of all of its obligations there under;

e) Acknowledged that it does not have a Conflict of Interest; and

f) Agreed to be bound by the undertaking provided by it under and in terms hereof.

2.8.2 The Authority shall not be liable for any omission, mistake or error on the part of th e
Applicant in respect of any of the above or on account of any matter or thing arising
out of or concerning or relating to RFP or the Selection Process, including any error
or mistake therein or in any information or data given by the Authority.

2.9 Right to reject any or all Proposals

2.9.1 Not withstanding anything contained in this RFP, the Authority reserves the right to
accept or reject any Proposal and to annul the Selection Process and reject all
Proposals, at any time without any liability or any obligation f or such acceptance,
rejection or annulment, and without assigning any reasons thereof.

2.9.2 Without prejudice to the generality of Clause 2.9.1, the Authority reserves the right to
reject any Proposal if:

(a) At any time, a material misrepresentation is made or discovered, or

(b) The Applicant does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Proposal.

Misrepresentation/ improper response by the Applicant may lead to the

disqualification of the Applicant. If the Applicant is the Lead Member of a
consortium, then the entire consortium may be disqualified / rejected. If such
disqualification / rejection occurs after the Proposals have been opened and the
highest ranking Applicant gets disqualified / rejected, then the Authority reserves the
right to consider the next best Applicant, or take any other measure as may be deemed
fit in the sole discretion of the Authority, including annu lment of the Selection
Process.

B. DOCUMENTS

2.10 Contents of the RFP

This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below
and will additionally include any Addendum / Amendment issued in accordance with
Clause 2.12.

Request for Proposal

20 | P a g e
 1. Introduction

2. Instructions to Applicants

3. Criteria for Evaluation

4. Fraud and corrupt practices

5. Pre-Proposal Conference

6. Miscellaneous

Schedules

1 Terms of Reference

1 Form of Agreement

Annex-1: Terms of Reference

Annex-2: Cost of Services

Annex-3: Payment Schedule

Annex-4: Bank Guarantee for Performance Security

2 Guidance Note on Conflict of Interest

Appendices

Appendix-I: Technical Proposal

Form-1: Letter of Proposal

Form-2: Particulars of the Applicant

Form-3: Statement of Legal Capacity

Form-4: Power of Attorney

Form-5: Financial Capacity of Applicant

Form-6: Particulars of Key Personnel

Form-7: Abstract of Eligible Assignments of Applicant

Form-8: Abstract of Eligible Assignments of Key Personnel

Form-9: Eligible Assignments of Applicant

Form-10: Eligible Assignments of Key Personnel

Form-11: Curriculum Vitae (CV) of Key Personnel

Form-12: Proposal for Sub – consultant (s)

Form 13: Awards& Accreditations (if any) , brochures, photos etc.

Form-14: Drawings depicting Project concepts

21 | P a g e
 Form-15: Affidavit – Correctness of CV’s and Experience

Appendix–II: Financial Proposal

Form-1: Covering Letter

Form-2: Financial Proposal

2.11 Clarifications
2.11.1 Applicants requiring any clarification on the RFP may send their queries to the
Authority in writing by speed post/ courier/ special messenger or by e -mail so as to
reach before the date mentioned in the Schedule of Selection Process at Clause
1.9.The envelopes shall clearly bear the following identification:

"Queries concerning RFP for ‘Selection of Landscape Design Consultant Selection

of Landscape Design Consultant for DDA Heritage Park (a) Burari:Green Area
near Coronation Pillar (b) Nehru Place: Grand Relic Stupa at Astha Kunj, Kalkaji”

The Authority shall endeavour to respond to the queries within the period specified
therein but not later than 7 (seven) days prior to the Proposal Due Date. The
responses will be sent by e-mail. The Authority will post the reply to all such queries
on the Official Website and copies thereof will also be circulated to all Applicants
who have purchased the RFP document without identifying the source of queries.

2.11.2 The Authority reserves the right not to respond to any questions o r provide any
clarifications, in its sole discretion, and nothing in this Clause 2.11 shall be construed
as obliging the Authority to respond to any question or to provide any clarification

2.12. Amendment of RFP

2.12.1 At any time prior to the deadline for submission of Proposal, the Authority may, for
any reason, whether at its own initiative or in response to clarifications requested by
an Applicant, modify the RFP document by the issuance of Addendum/ Amendment
and posting it on the Official Website and by conveying the same to the prospective
Applicants (who have purchased the RFP document) by e-mail.

2.12.2 All such amendments will be notified through e-mail to all Applicants who have
purchased the RFP document. The amendments will also be posted on the Official
Website along with the revised RFP containing the amendments and will be binding
on all Applicants.

2.12.3 In order to afford the Applicants a reasonable time for taking an amendment into
account, or for any other reason, the Authority may, in its sole discretion, extend the
Proposal Due Date 2

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.13 Language
The Proposal with all accompanying documents (the “Documents”) and all
communications in relation to or concerning the Selection Process shall be in English
language and strictly on the forms provided in this RFP.No supporting document or
printed literature shall be submitted with the Proposal unless specifically asked for

2 While extending the Proposal Due Date on account of an addendum, the Authority shall have due regard for the time required
by Applicants to address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days shall
be provided between the date of amendment and the Proposal Due Date, and in the case of minor amendments, at least 7 (seven)
days shall be provided.
22 | P a g e
 and in case any of these Documents is in another language, it must be accompanied
by an accurate translation of the relevant passages in English, in which case, f or all
purposes of interpretation of the Proposal, the translation in English shall prevail.

2.14 Format and signing of Proposal

2.14.1 The Applicant shall provide all the information sought under this RFP. The Authority
would evaluate only those Proposals that are received in the specified forms and
complete in all respects. A conditional proposal shall not be accepted.

2.14.2 The Applicant shall prepare one original set of the Proposal (together with originals/
copies of Documents required to be submitted along therewith pursuant to this RFP)
and clearly marked “ORIGINAL”. In addition, the Applicant shall submit 2 (two)
copies of the Proposal, along with Documents, marked “COPY”. In the event of any
discrepancy between the original and its copies, the original shall prevail.

2.14.3 The Proposal, and its copy, shall be typed or written in indelible ink and signed by the
authorised signatory of the Applicant who shall initial each page, in blue ink. In case
of printed and published Documents, only the cover shall be initialled. All the
alterations, omissions, additions, or any other amendments made to the Proposal shall
be initialled by the person(s) signing the Proposal. The Proposals must be properly
signed by the authorised representative (the “Authorised Representative”) as
detailed below:

(a) By the proprietor, in case of a proprietary firm; or

(b) By a partner, in case of a partnership firm and/or a limited liability

partnership; or

(c) By a duly authorised person holding the Power of Attorney, in case of a

Limited Company or a corporation; or

(d) By the Authorised Representative of the Lead Member, in case of

Consortium.

A copy of the Power of Attorney certified under the hands of a partner or director of
the Applicant and notarised by a notary public in the form specified in Appendix-I
(Form-4) shall accompany the Proposal.

23 | P a g e
2.14.4 Applicants should note the Proposal Due Date, as specified in Clause 1.9, for
submission of Proposals. Except as specifically provided in this RFP, no
supplementary material will be entertained by the Authority, and that evaluation will
be carried out only on the basis of Documents received by the closing time of
Proposal Due Date as specified in Clause 2.18.1. Applicants will ordinarily not be
asked to provide additional material information or documents subsequent to the date
of submission, and unsolicited material if submitted will be summarily rejected. For
the avoidance of doubt, the Authority reserves the right to seek clarifications under
and in accordance with the provisions of Clause 2.25

2.15 Technical Proposal

2.15.1 Applicants shall submit the technical proposal in the fo rmats at Appendix-I (the
“Technical Proposal”).

2.15.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure that:

a) The Bid Security is provided;

b) All forms are submitted in the prescribed formats and signed by the prescribed
signatories;

c) Power of Attorney, if applicable, is executed as per Applicable Laws;

d) CVs of all Professional Personnel have been included;

e) Key Personnel have been proposed only if they meet the Conditions of Eligibility
laid down at Clause 2.3.2 d) of the RFP;

f) No alternative proposal for any Key Personnel is being made and only one CV
for each position has been furnished;

g) The CVs have been recently signed and dated in blue ink by the respective
Personnel and countersigned by the Applicant. Photocopy o r unsigned /
countersigned CVs shall be rejected;

h) The CVs shall contain an undertaking from the respective Key Personnel about
his/her availability for the duration specified in the RFP;

i) Professional Personnel proposed have good working knowledge of English

language;

j) Key Personnel would be available for the period indicated in the TOR;

k) No Key Personnel should have attained the age of 75 (seventy five) years at the
time of submitting the proposal; and

l) The proposal is responsive in terms of Clause 2.23.4.

2.15.3 Failure to comply with the requirements spelt out in this Clause 2.15 shall make the
Proposal liable to be rejected.

2.15.4 If an individual Key Personnel makes a false regarding his qualification, experience or
other particulars, or his commitment regarding availability for the Project is not
fulfilled at any stage after signing of the Agreement, he shall be liable to be debarred
24 | P a g e
 for any future assignment of the Authority for a period of 5 (five) years. The award of
this Consultancy to the Applicant may also be liable to cancellation in such an event.

2.15.5 The Technical Proposal shall not include any financial information relating to the
Financial Proposal.

2.15.6 The proposed team shall be composed of experts and specialists (the “ Professional
Personnel”) in their respective areas of expertise and managerial/support staff (the
“Support Personnel”) such that the Consultant should be able to complete the
Consultancy within the specified time schedule. The Key Personnel specified in
Clause 2.2 shall be included in the proposed team of Professional Personnel. Other
competent and experienced Professional Personnel in the relevant areas of expertise
must be added as required for successful completion of this Consultancy. The CV of
each such Professional Personnel, if any, should also be submitted in the format at
Form-11 of Appendix-I.

2.15.7 An Applicant may, if it considers necessary, propose suitable Sub -Consultants in

specific areas of expertise. Credentials of such Sub-Consultants should be submitted
in Form-12 of Appendix-I. A Sub-Consultant, however, shall not be a substitute for
any Key Personnel.

2.15.8 The Authority reserves the right to verify all statements, information and documents,
submitted by the Applicant in response to the RFP. Any such verification or the lack
of such verification by the Authority to undertake such verification shall not relieve
the Applicant of its obligations or liabilities hereunder nor will it affect any rights of
the Authority there under.

2.15.9 In case it is found during the evaluation or at any time bef ore signing of the
Agreement or after its execution and during the period of subsistence thereof, that one
or more of the eligibility conditions have not been met by the Applicant or the
Applicant has made material misrepresentation or has given any materially incorrect
or false information, the Applicant shall be disqualified forthwith if not yet appointed
as the Consultant either by issue of the LOA or entering into of the Agreement, and if
the Selected Applicant has already been issued the LOA or has entered into the
Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by the Authority without the Authority being liable in any
manner whatsoever to the Applicant or Consultant, as the case may be.

In such an event, the Authority shall forfeit and appropriate the performance
security/guarantee which is agreed to be pre-estimated compensation and damages
payable to the Authority for, inter alia, time, cost and effort of the Authority, without
prejudice to any other right or remedy that may be available to the Authority. The
Consultant/Bidder shall also be liable to be blacklisted and restrain from participating
in any further tender/bid for any work called by the DDA.

2.16 Financial Proposal

2.16.1 Applicants shall submit the financial proposal in the formats at Appendix -II (the
“Financial Proposal”) clearly indicating the total cost of the Consultancy (Item [A]
of Form-2 of Appendix-II) in both figures and words, in Indian Rupees, and signed by
the Applicant’s Authorized Representative. In the event of any difference between
figures and words, the amount indicated in words shall prevail. In the event of a
difference between the arithmetic total and the total shown in the Financial Proposal,
the lower of the two shall prevail.

25 | P a g e
2.16.2 While submitting the Financial Proposal, the Applicant shall ensure the following:

a. All the costs associated with the assignment shall be included in the Financial
Proposal. These shall normally cover remuneration for all the Personnel
(including services of sub consultants), accommodation, air fare, printing of
documents, surveys and geo-technical investigations (if any required other than
the information made available by DDA) etc. 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.
b. The Financial Proposal shall take into account all expenses, GST and other
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.
c. Costs (including break down of costs) shall be expressed in INR.

3.17 Submission of Proposal

2.17.1 Instructions for Online Bid Submission

a. Possession of valid Digital Signature Certificate (DSC) and enrollment/registration
of the applicants / bidders on the e-Procurement/e-tender portal is a pre -requisite
for e- tendering.

b. Bidder should do the enrollment in the e-Procurement site using the “Online
Bidder Enrollment” option available on the home page. Portal enrollment is
generally free of charge. During enrollment/registration, the bidders should provide
the correct/true information including valid email id. All the correspondence shall
be made directly with the contractors/bidders through email id provided.

c. Bidder need to login to the site through’ their user ID/ password chosen during
enrollment/registration.

d. Then the Digital Signature Certificate (Class II or Class III Certificates with signing
key usage) issued by SIFY/TCS/nCode/eMudra or any Certifying Authority
recognized by CCA India on eToken/SmartCard, should be registered.

e. The DSC that is registered only should be used by the bidder and should ensure
safety of the same.

f. Bidder may go through the RFP published on the site and download the required
documents/schedules for the bids he/she is interested.

g. After downloading / getting the RFP document/schedules, the Bidder should go

through them carefully and then submit the documents as asked, otherwise bid will
be rejected.

h. If there are any clarifications, this may be obtained through Help desk. Bidder
should take into account the corrigendum published before submitting the bids
online.

i. Bidder then logs in to the site through the secured log in by giving the user id/
password chosen during enrolment/registration and then by giving the password of

26 | P a g e
 the e- Token/Smartcard to access DSC.

j. Bidder selects the RFP / tender which he/she is interested in by using the search
option & then moves it to the ‘my tenders’folder.
k. From my tender folder, he selects the tender to view all the details indicated.
l. It is construed that the bidder has read all the terms and conditions before
submitting their offer. Bidder should go through the RFP schedules carefully and
upload the documents as asked; otherwise, the bid will be rejected.A conditional
proposal shall not be accepted.

m. Bidder, in advance, should get ready the bid documents to be submitted as

indicated in the RFP document/schedule and generally, they can be in PDF/xls/rar
formats. If there is more than one document, they can be clubbed together and can
be provided in the requested format. Bidders Bid documents may be scanned with
100 dpi with black and white option. It is advisable that each document to be
uploaded through online for the bids should be less than 2 MB. If any document is
more than 2MB, it can be reduced through rar and the same can be uploaded, if
permitted. However, if the file size is less than 1 MB the transaction uploading time
will be very fast.

n. If there are any clarifications, this may be obtained through the site, or during the
pre- bid meeting if any. Bidder should take into account the corrigendum published
from time to time before submitting the online e-bids.
o. The Bidders can update well in advance, the documents such as certificates, annual
report details etc., under My Space option and these can be selected as per tender
requirements and then send along with bid documents during bid submission. This
will facilitate the bid submission process faster by reducing upload time of bids.
p. Bidder should submit the Bid Security as specified in the tender. The original
should be posted/couriered/given in person to the Tender Inviting Authority, within
the bid submission due date & time for the tender or as indicated in the tender.
Scanned copy of the instrument should be uploaded as part of the offer.
q. While submitting the bids online, the bidder reads the terms & conditions and
accepts the same to proceed further to submit the bid packets.
r. The bidder has to select the payment option as off line to pay the Bid Security /
EMD as applicable and enter details of the instruments.
s. The details of payments made through RTGS/NEFT should tally with the details
available in the scanned copy and the data entered during bid submission time.
Otherwise submitted bid will not be acceptable or liable for rejection.
t. The bidder has to digitally sign and upload the required bid documents one by one
as indicated. Bidders to note that the very act of using DSC f or downloading the
bids and uploading their offers shall be deemed to be a confirmation that they have
read all sections and pages of the bid document including General conditions of
contract without any exception and have understood the entire document and are
clear about the requirements of the tender requirements.
u. The bidder has to upload the relevant files required as indicated in the cover
content. In case of any irrelevant files, the bid will be rejected.
v. If the price bid format is provided in a spread sheet file like BoQ_xxxx.xls, the
rates offered should be entered in the allotted space only and uploaded after f illing
the relevant columns. The Priced-bid/BOQ template must not be modified /
replaced by the bidder; else the bid submitted is liable to be rejected for this bid.
27 | P a g e
 w. The bidders are requested to submit the bids through online e-tendering system to
the Tender Inviting Authority (TIA) well before the bid submission end date &
time (as per Server System Clock). The TIA will not be held responsible for any
sort of delay or the difficulties faced during the submission of bids online by the
bidders at the eleventh hour.
x. After the bid submission (i.e. after Clicking “Freeze Bid Submission” in the portal),
the acknowledgement number, given by the system should be printed by the bidder
and kept as a record of evidence for online submission of bid f or the particular
tender and will also act as an entry pass to participate in the bid opening date.
y. The time settings fixed in the server side & displayed at the top of the tender site,
will be valid for all actions of requesting, bid submission, bid opening etc., in the e-
tender system. The bidders should follow this time during bid submission.
z. All the data being entered by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered will not viewable by
unauthorized persons during bid submission & not be viewable by any one until the
time of bid opening.
aa. Any bid document that is uploaded to the server is subjected to symmetric
encryption using a system generated symmetric key. Further this key is subjected to
asymmetric encryption using buyers/bid openers’ public keys. Overall, the
uploaded bid documents become readable only after the tender opening by the
authorized bid openers.
bb. The confidentiality of the bids is maintained since the secured Socket Layer 128 bit
encryption technology is used. Data storage encryption of sensitive fields is done.
cc. The bidder should logout of the tendering system using the normal logout option
available at the top right hand corner and not by selecting the (X) exit option in the
browser.
dd. For any queries regarding e-tendering process, the bidders are requested to contact
as provided in the bid document. Parallel for any further queries, the bidders are
asked to contact over phone: 180030702232 or send a mail over [email protected].

2.17.2 The Applicants shall also submit the technical Proposal in hard bound form with all
pages numbered serially and by giving an index of submissions. Each page of the
submission shall be initialed by the Authorized Representative of the Applicant as per
the terms of the RFP. In case the proposal is submitted on the document downloaded
from Official Website, the Applicant shall be responsible for its accuracy and
correctness as per the version uploaded by the Authority and shall ensure that there
are no changes caused in the content of the downloaded document. In case of any
discrepancy between the downloaded or photocopied version of the RFP and the
original RFP issued by the Authority, the latter shall prevail.

2.17.3 The Technical Proposal will be sealed in an outer envelope which will bear the
address of the Authority, RFP Notice number, Consultancy name as indicated at
Clauses 1.13.1 and 1.13.3 and the name and address of the Applicant. It shall bear on
top, the following:

“Do not open, except in presence of the Authorised Person of the Authority”
If the envelope is not sealed and marked as instructed above, the Authority assume s
no responsibility for the misplacement or premature opening of the contents of the
Proposal submitted and consequent losses, if any, suffered by the Applicant.

28 | P a g e
2.17.4 The aforesaid outer envelope clearly marked ‘Technical Proposal’. The envelope
marked “Technical Proposal” shall contain:

(i) Application in the prescribed format (Form-1 of Appendix-I) along with

Forms 2 to 15 of Appendix-I and supporting documents; and

(ii) Bid security details as specified in Clause 2.21.1

➢ Financial proposal in the prescribed format (Forms 1& 2 of Appendix-II) has to

be filled on e-Tendering websitehttps://eprocure.gov.in/eprocure/app. (CPP Portal)
only.

2.17.5 The Technical Proposal and Financial Proposal shall be typed or written in indelible
ink and signed by the Authorized Representative of the Applicant. All pages of the
original Technical Proposal and Financial Proposal must be numbered and initialed
by the person or persons signing the Proposal.

2.17.6 The completed/technical Proposal must be delivered on or before the specified time
prior to Date of opening of Technical Proposal. Proposals submitted by fax, telex,
telegram or e-mail shall not be entertained.

2.17.7 TheProposal shall be made in the Forms specified in this RFP. Any attachment to
such Forms must be provided on separate sheets of paper and only information that is
directly relevant should be provided. This may include photocopies of the relevant
pages of printed documents. No separate documents like printed annual statements,
company brochures, copy of contracts etc. will be entertained.

2.17.8 The rates quoted shall be firm throughout the period of performance of the
assignment upto and including acceptance of the Feasibility Report by the Authority
and discharge of all obligations of the Consultant under the Agreement.

2.18 Proposal Due Date

2.18.1 Proposal should be submitted online on or before _______(to be filled by EE) hrs on
the Proposal Due Date specified in Clause 1.9 and hard copy of Technical proposal at
least one hour prior to the time of opening of Technical Proposals at the address
provided in Clause 1.12 in the manner and form as detailed in this RFP. A receipt
thereof should be obtained from the person specified therein.

2.18.2 The Authority may, in its sole discretion, extend the Proposal Due Date by issuing an
Addendum in accordance with Clause 2.12 uniformly for all Applicants.

2.19 Late Proposals

2.19.1 Hard copies of technical proposals received by the Authority after the specified time
shall not be eligible for consideration and shall be summarily rejected.

2.20 Modification/ substitution/ withdrawal of Proposals

2.20.1 The Applicant may modify, substitute, or withdraw its Proposal after submission,
provided that written notice of the modification, substitution, or withdrawal is
received by the Authority prior to Proposal Due Date. No Proposal shall be modified,
substituted, or withdrawn by the Applicant on or after the Proposal Due Date.

2.20.2 The modification, substitution, or withdrawal notice shall be prepared, sealed,

marked, and delivered in accordance with Clause 2.17, with the envelopes being

29 | P a g e
 additionally marked “MODIFICATION”, “SUBSTITUTION” or
“WITHDRAWAL”, as appropriate.

2.20.3 Any alteration/modification in the Proposal or additional information or material

supplied subsequent to the Proposal Due Date, unless the same has been expressly
sought for by the Authority, shall be disregarded.

2.21 Bid Security Deposit

2.21.1 The Applicant shall furnish as part of its Proposal, a Bid Security Deposit of
Rs.2,00,000/- (Rupees Two Lakh only)through RTGS/NEFT in the account of Sr.
AO/ CAU/South Zone having account No. 16651110000012 with HDFC bank
Ltd at G-8, Hauz Khas Market, New Delhi -110016(IFSC Code HDFC-
0001665).(the “Bid Security Deposit”), returnable not later than 30 (thirty) days
from PDD except in case of the first highest ranked Applicants. The Selected
Applicant’s Earnest Money shall be returned, upon the Applicant signing the
Agreement and completing the Deliverables assigned to it for the first 2 (two) months
of the Consultancy in accordance with the provisions thereof.

2.21.2 Any Bid not accompanied by the Earnest Money shall be rejected by the Authority as
non-responsive.

2.21.3 The Authority shall not be liable to pay any interest on the Bid Security deposited
and the same shall be interest free.

2.21.4 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to
have acknowledged that without prejudice to the Authority’s any other right or
remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and
appropriated by the Authority as the mutually agreed pre-estimated compensation
and damage payable to the Authority for, inter alia, the time, cost and effort of the
Authority in regard to the RFP including the consideration and evaluation of the
Proposal under the following conditions:

(a) If an Applicant submits a non-responsive Proposal;

(b) If an Applicant engages in any of the Prohibited Practices specified in Section 4
of this RFP;
(c) If an Applicant withdraws its Proposal during the period of its validity as
specified in this RFP and as extended by the Applicant from time to time;
(d) In the case of the Selected Applicant, if the Applicant fails to reconfirm its
commitments during negotiations as required vide Clause 2.26.1;
(e) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement
or commence the assignment as specified in Clauses 2.30 and 2.31 respectively ;
or
(f) If the Applicant is found to have a Conflict of Interest as specified in Clause 2.4.

2.22 Performance Guarantee:

2.22.1. The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to
have acknowledged that without prejudice to the Authority’s any other right or
remedy here under or in law or otherwise, its Performance Security shall be forfeited
and appropriated by the Authority as the mutually agreed pre-estimated
compensation and damages payable to the Authority for, inter alia, the time, cost and
30 | P a g e
 effort of the Authority in regard to the RFP, including the consideration and
evaluation of the Proposal, under the following conditions:
(a) if an Applicant engages in any of the Prohibited Practices specified in Clause 4.1
of this RFP;
(b) if the Applicant is found to have a Conflict of Interest as specified in Clause 2.4;
and
(c) if the Selected Applicant commits a breach of the Agreement.
(d)The Performance Guarantee shall always be interest free and shall be returned to
the Consultant without any interest. The Consultant alone shall be
responsible to bear and pay all types of expenses to keep the said guarantee
alive till the time same is released.
2.22.2 The consultant will furnish within 15 days of the issue of Letter of Acceptance
(LOA), an unconditional Bank Guarantee equivalent to 5% (Five percent) of the
total contract value from any Scheduled Bank or the State Bank of India in
accordance with the Form annexed hereto. In case of JV, the BG shall be furnished
on behalf of the JV or by the lead member of the JVs. Performance Security shall be
valid for a period of 6 months beyond the date of completion of services. The Bank
Guarantee will be released by the Authority upon expiry of 6 months beyond the
date of completion of services. However, if contract is foreclosed /terminated by the
Authority at Inception Stage, with no fault of Consultant, Performance Security
shall be released within three months from date of foreclosure / termination.
2.22.3 In the event the Consultant fails to provide the security within 15 days of date of
LOA,it may seek extension of time for a period of 15 (Fifteen) days on payment of
damages for such extended period in a sum of calculated at the rate of 0.05% (Zero
Point Zero Five Percent) of the Bid price for each day until the performance
security is provided. For the avoidance of doubt the agreement shall be deemed to
be terminated on expiry of additional 15 days time period.
2.22.4 Notwithstanding anything to the contrary contained in this Agreement, the Parties
agree that in the event of failure of the Consultant to provide the Performance
Security in accordance with the provisions of Clause 2.22.2 and 2.22.3 within the
time specified therein or such extended period as may be provided by the Authority,
in accordance with the provisions of Clause 2.22.3, all rights, privileges, claims and
entitlements of the Consultant under or arising out of this Agreement shall be
deemed to have been waived by, and to have ceased with the concurrence of the
Consultant and the Lo A shall be deemed to have been withdrawn by mutual
agreement of the Parties. Authority may take action to debar such firms for f uture
projects for a period of 2 years.

D. EVALUATION PROCESS

2.23 Evaluation Process

2.23.1 The Jury Panel nominated by the Authority will process the applications and finalize
the selection of Consultants with the approval of the Authority.

2.23.2 The committee shall open the Proposals on the due Date, at the place specified in
Clause 1.9 and in the presence of the Applicants who choose to attend The
Committee will open the tenders, the sequence of which shall be as follows:

i. Annual e-tender processing fee (₹20,000+GST) and Bid Security

ii. Technical Bids
iii. Financial Bids

31 | P a g e
2.23.3 Proposals for which a notice of withdrawal has been submitted in accordance with
Clause no 2.20 shall not be opened.

2.23.4 Prior to evaluation of Proposals, the Authority will determine whether each Proposal is
responsive to the requirements of the RFP. The Authority may, in its sole discretion,
reject any Proposal that is not responsive hereunder. A Proposal shall be considered
responsive only if:

a) The Technical Proposal is received in the form specified at Appendix-I;

b) It is received by the Proposal Due Date including any extension thereof
pursuant to Clause 2.18;
c) It is accompanied by the Bid Security as specified in Clause 2.21.1.
d) It is signed, sealed, bound together in hard cover and marked as stipulated in
Clauses 2.14 and 2.17;
e) It is accompanied by the Power of Attorney as specified in Clause 2.3.4;
f) It contains all the information (complete in all respects) as requested in the
RFP;
g) It does not contain any condition or qualification; and
h) It is not non-responsive in terms hereof.

2.23.5. The Authority reserves the right to reject any Proposal which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by
the Authority in respect of such Proposals.

2.23.6. The Authority shall subsequently examine and evaluate Proposals in accordance with
the Selection Process specified at Clause 1.8 and the criteria set out in Section 3 of
this RFP.

2.23.7 First, the Envelope (electronic-envelope in e-tendering mode) containing Annual e -

tender processing fee and Bid Security will be opened and if they have been
submitted by the Applicants, then the Second envelope(electronic-envelope in e-
tendering mode) containing the Technical Bid would be opened. The Applicants
shall be given 14 days’ notice to make presentations to explain the ‘technical
proposal’ in detail. After the Technical evaluation, the Authority shall prepare a list of
pre-qualified and short listed consultants in terms of Clause 3.2. Before opening of
financial proposals, the list of pre-qualified and short listed applicants along with
their technical Score will be read out. The opening of Third envelope (electronic-
envelope in e-tendering mode) containing financial proposals/bids shall be done in
the presence of the respective Applicants who choose to be present. The Authority
will not entertain any query or clarification from the Applicants who fail to qualify at
any stage of Selection Process. The financial evaluation and Final ranking of the
Proposals shall be carried out in terms of Clauses 3.3.

2.23.8. Applicants are advised that Selection shall be entirely at the discretion of the
Authority. Applicants shall be deemed to have understood and agreed that Authority
shall not be required to provide any explanation and justification in respect of any
Selection Process or selection.

2.23.9 Any information contained in the Proposal shall not in any way be construed as
binding on the Authority, its agents, successors or assigns, but shall be binding
against the Applicant if the Consultancy is subsequently awarded to it.

32 | P a g e
2.24 Confidentiality

Information relating to the examination, clarification, evaluation, and

recommendation for the selection of Applicants shall not be disclosed to any person
who is not officially concerned with the process or is not a retained professional
adviser advising the Authority in relation to matters arising out of, or concerning the
Selection Process. The Authority shall treat all information, submitted as part of the
Proposal, in confidence and shall require all those who have access to such material
to treat the same in confidence. The Authority may not divulge any such information
unless it is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the statutory
entity and/or the Authority or as may be required by law or in connection with any
legal process.

2.25 Clarifications required from the Consultant

2.25.1 To facilitate evaluation of Proposals, the Authority may, at its sole discretion, seek
clarifications from any Applicant regarding its Proposal. Such clarification(s) shall be
provided within the time specified by the Authority for this purpose. Any request f or
clarification(s) and all clarification(s) in response thereto shall be in writing.
2.25.2 If an Applicant does not provide clarifications sought under Clause 2.26.1 above
within the specified time, its Proposal shall be liable to be rejected. In case the
Proposal is not rejected, the Authority may proceed to evaluate the Proposal by
construing the particulars requiring clarification to the best of its understanding, and
the Applicant shall be barred from subsequently questioning such interpretation of the
Authority.

E. APPOINTMENT OF CONSULTANT

2.26 Negotiations

2.26.1 The Selected Applicant may, if necessary, be invited for negotiations. The
negotiations shall generally not be for reducing the price of the Proposal, but will be
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.
2.26.2 The Authority will examine the CVs of all other Professional Personnel, those not
found suitable shall be replaced by the Applicant to the satisfaction of the Authority.

2.27 Substitution of Key Personnel

2.27.1 The Authority will not normally consider any request of the Selected Applicant for
substitution of Key Personnel as the ranking of the Applicant is based on the
evaluation of Key Personnel and any change therein may upset the ranking.
Substitution will, however, be permitted if the Key Personnel is not available for
reasons of any incapacity or due to health, subject to equally or better qualified and

2.27.2 Substitution of the Team Leader will not normally be considere d and may lead to
disqualification of the Applicant or termination of the Agreement.

2.28 Indemnity

Consultant shall always indemnify the DDA and every member, officers and
employees of the DDA, against all actions, proceedings, claims, demands, loss,

33 | P a g e
 damage, damages, costs and expenses, whatsoever, arising out of or, in connection
with various matters and against all actions, proceedings, claims, demands, loss,
damage, damages, costs and expenses, whatsoever, arising out of any act or
omission/commission or failure by consultants in the performance of any of its
obligation whether under this Agreement or otherwise and the amount of loss suffered
and its damages thereof shall be decided by the competent authority of DDA which
shall be binding on the consultant.

2.29 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the
Authority to the Selected Applicant and the Selected Applicant shall, within 7 (seven)
days of the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by
the Selected Applicant is not received by the stipulated date, the Authority may,
unless it consents to extension of time for submission thereof, appropriate the Bid
Security of such Applicant as mutually agreed genuine pre-estimated loss and damage
suffered by the Authority on account of failure of the Selected Applicant to
acknowledge the LOA, and the next highest ranking Applicant may be considered.

2.30 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall
execute the Agreement within the Time Schedule as prescribed in Clause 1.10.failing
which the offer shall stand withdrawn and performance guarantee shall stand
forfeited. The Selected Applicant shall not be entitled to seek any deviation in the
Agreement and/or RFP. All the clauses and terms & conditions of the RFP shall
always deemed to be an integral part of the Agreement and shall strictly be adhered
to.

2.31 Commencement of Assignment

The Consultant shall commence the Services at the Project site within 7 (seven) days
of the date of the Agreement unless otherwise directed by a notice in writing. If the
Consultant fails to either sign the Agreement as specified in Clause 2.30 or
commence the assignment as specified herein, its security and guarantee shall stand
forfeited and the work may be awarded to any other Applicant.

2.32 Proprietary Data

Subject to the provisions of Clause 2.24, all documents and other information
provided by the Authority or submitted by an Applicant to the Authorityshall remain
or become the property of the Authority. Applicants and the Consultant, as the case
may be, are to treat all information as strictly confidential. The Authority will not
return any proposal or any information related thereto. All inf ormation collected,
analyzed, processed or in whatever manner provided by the Consultant to the
Authority in relation to the Consultancy shall be the property of the Authority.

The Consultant shall always keep with it one spare copy of all the documents,
drawings, bills, vouchers etc. submitted by it with the D.D.A. and till the completion
of three years from the date of satisfactory completion of the work or of the f inal
payment, whichever is later, it shall keep with it the complete record of the work
executed/performed by it.

34 | P a g e
D.D.A. shall always be entitled to call for any such record or document relating to the
work, RFP or Agreement, which is kept by or maintained by the Consultant.

Similarly the Consultant shall also preserve the entire record & account of the work
for a period of three years, as aforesaid, and shall always permit the duly authorized
representative of the DDA, (after reasonable advance notice is served on the
Consultant), from time to time to inspect such records and accounts and to make
copies thereof and shall permit the DDA or any person authorized by the DDA, f rom
time to time, to audit such records and accounts.

35 | P a g e
3. CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

3.1.1 The Authority would scrutinize all RFPs received up to the stipulated date a nd time
for the receipts of RFPs and evaluate these on the basis of the eligibility criteria laid
down in this document. Any bid received after the stipulated date and time will be
rejected. Those parties which do not meet these criteria would be disqualified. Parties
that meet the required criteria on the basis of documents submitted by them with the
RFP would be shortlisted. The Authority reserves the right to independently verify
the genuineness of the documents submitted by the parties. Copies of all documents
submitted should be signed on all pages by the authorized signatory/signatories of the
intending firm/joint venture/consortium. Unsigned documents will not be considered
for evaluation. During verification if any submitted document is not found to be
genuine or misleading in any way, the concerned party would be disqualified. The
DDA reserves the right to restrict the list of shortlisted parties as deemed suitable by
it and the right to decide on the short listing criteria.

3.1.2 Presentation: Presentation shall be made after evaluating the bidders defined
qualifying criteria from Technical and financial aspects both. Presentations of the
applicants who qualify the defined criteria shall only be invited for the presentation
before Jury panel to be formulated by the approval of the Competent Authority. The
selected Applicants would be intimated and assigned a date and time f or making a
power point presentation before the committee. The Applicants shall make the
presentation with emphasis on their past experience in the field, technical manpower,
conceptual plans for the proposed ‘for Selection of Landscape Design Consultant
for DDA Heritage Park (a) Burari:Green Area near Coronation Pillar (b) Nehru
Place: Grand Relic Stupa at Aastha Kunj, Kalkaji” with the financial strategy, its
operative and management model, tentative project costs involved etc. Parties making
the presentation would need to submit two colored hard copies of their power point
presentations. The Committee may also ask parties to provide clarifications on the
documents submitted by them with the RFP.

3.1.3 Only those Applicants whose Technical Proposals with a minimum aggregate
technical score (including presentation) of 75 (seventy five) marks out of 100 (one
hundred) with a minimum of 60% in each sub category shall qualify for further
consideration, and shall be ranked from highest to the lowest on the basis of their
technical score (T)

3.1.4 Each Key Personnel must score a minimum of 60% (sixty per cent) marks except as
provided herein. A Proposal shall be rejected if the Team Leader scores less than 60%
(sixty per cent) marks or any two of the remaining Key Personnel score less than 60%
(sixty per cent) marks.

36 | P a g e
3.1.5 The scoring criteria to be used for evaluation will be as follows:

S. No Description Marks Sub-criteria

(Criteria
Total)
1 Proposed work plan and 40 50% of the maximum marks shall be
methodology in response awarded for the uniqueness of the
to the TOR proposed concept depicting the same
and sensitivity to existing landscape
for the area. The remaining 50% shall
be awarded for
(i) Innovation and operational model;
(ii) Tentative project cost
(iii) phasing of the project and
practicality of proposed time-
lines;
(iv) Self sustainability of the
proposed plan; and
(v) Adoption of green technology

2 Financial Strength 15 (i) 60% marks for minimum

(Average annual turnover) eligibility criteria
(ii) 100% marks for twice the
minimum eligibility criteria or
more
In between (i) & (ii) - on pro-rata
basis
3 Past Experience in similar 25 (i) 60% marks for minimum
works(Eligible eligibility criteria
Assignments) (ii) 100% marks for twice the
minimum eligibility criteria or
more
In between (i) & (ii) - on pro-rata
basis

4 Qualification and 20 30% of maximum marksfor General

competence of the Key qualification and remaining 70% for
personnel adequacy for the project as per past
experience on eligible assignments.

3a Principal Landscape
Architect-
6 marks
3b Landscape Architects-3.5
marks
3c Architect-3.5 marks

3d Urban Planner-3.5 marks

3e Finance Expert-3.5 marks

TOTAL 100

3.1.6 Eligible Assignments

For the purposes of determining of eligibility and for evaluating the proposals under
37 | P a g e
 this RFP, the eligible assignments (the “Eligible Assignments”) shall mean
Landscape Design Proposals of Urban Parks.

The consultant should have the following work experience

3.1.6.1 Technical eligibility

The Applicant for Landscape design consultancy should be one of the consortium
member or sole bidder. The consultant should have the experience of successfully
completed Eligible Assignments (Landscape design and development works) during
the last 7 years ending last date of the month previous to the one in which RFP is
invited. Documentary evidence in the form of contract/agreement shall be a
prerequisite. The consultant should have:

i. Three eligible consultancy for Landscape Design assignments, completed for

the project, (at least one of them should preferably in Central Govt./ Central
Public Sector Undertaking) with the area of 08 acres project cost each not
less than Rs. 40crores.

OR
i. Two eligible consultancy for Landscape Design assignments, completed for
the project, (at least one of them should preferably in Central Govt./ Central
Public Sector Undertaking) with the area of 12 acres project cost each not
less than Rs.60crores.

OR
One eligible consultancy for Landscape Design assignments, completed for
the project, under Central Govt./ Central Public Sector Undertakings with the
area of 20 acres project cost not less than Rs.80crores.

The project cost of respective works for which consultancy assignment is

completed by the applicant shall be suitably enhanced @ 7% of each
subsequent year following the financial year in which that particular work has
been completed to bring it at par with the present cost.

(i) The sole applicant shall fulfill all the requirements given above.
(ii) In case of JV, the Lead partner should fulfill at least 75% of all
eligibility requirements and the other partner shall fulfill at least 50%
of all eligibility requirements.
(iii) If the applicant firm has/have prepared the DPR/FS projects solely on
its own, 100% weightage shall be given. If the applicant firm has
prepared the DPR/FS project as a lead partner in a JV, 75%
weightage shall be given. If the applicant firm have prepared the
DPR projects as the other partner (not lead partner) in a JV 50%
weightage shall be given. If the applicant firm have prepared the
DPR/FS projects as an associate 25% weightage shall be given.

3.1.6.2 Financial Eligibility

i. The applicant shall have Average Annual turnover of Rs 5 0Lakh or more

during immediate last three (03) consecutive financial years.
Applicant/Bidder having average annual turnover less than Rs 5 0Lakh as
mentioned hereinabove shall not be evaluated.

38 | P a g e
 ii. In case of joint ventures/ consortia aggregate turnover of only those parties
would be considered whose activities include work similar to the nature of
work/ eligible assignments for which the LANDSCAPE DESIGN
CONSULTANT is being engaged.

3.2 Short-listing of Applicants

Of the Applicants who have scored 75 marks and above out of 100, shall be prequalified
and short-listed for financial evaluation in the second stage.
3.3 Evaluation of Financial Proposal
3.3.2 In the second stage, the financial evaluation will be carried out as per this Clause. For
financial evaluation, total cost of financial proposal will be considered which shall be
inclusive of GST and other applicable taxes, levies etc. at the time of bid submission.
The payments however shall be made in accordance with applicable tax laws.
3.3.3 The Authority will determine whether the Financial Proposals are complete,
unqualified and unconditional. The cost indicated in the Financial Proposal shall be
deemed as final and reflecting the total cost of services. Omissions, if any, in costing
any item shall not entitle the firm to be compensated and the liability to fulfill its
obligations as per the TOR within the total quoted price shall be that of the
Consultant.

Under Quality Cost-Based Selection (QCBS) selection, the technical proposals will
be allotted weightage of 70% (Seventy per cent) while the financial proposals will be
allotted weightages of 30% (Thirty per cent).Proposal with the lowest cost may be
given a financial score of 100 (Hundred) and other proposals given financial scores
that are inversely proportional to their prices w.r.t. the lowest offer.

Similarly, proposal with the highest technical marks (as allotted by the evaluation
committee) shall be given a score of 100 (Hundred) and other proposals be given
technical score that are proportional to their marks w.r.t. the highest technical marks.

The total score, both technical and financial, shall be obtained by weighing the
quality and cost scores and adding them up. On the basis of the combined weighted
score for quality and cost, the consultant shall be ranked in terms of the total score
obtained.

The proposal obtaining the highest total combined score in evaluation of quality and
cost will be ranked as H-1 followed by the proposals securing lesser marks as H-2, H-
3 etc.

The proposal securing the highest combined marks and ranked H-1 will be invited for
negotiations, if required and shall be recommended for award of contract. In the event
two or more bids have the same score in final ranking, the bid with highest technical
score will be H-1. In such a case, an Evaluated Bid Score (B) will be calculated for
each responsive Bid using the following formula, which permits a comprehensive
assessment of the Bid price and the technical merits of each Bid:

39 | P a g e
 𝐶low 𝑇
𝐵= 𝑋+ (1 − 𝑋)
𝐶 𝑇high

Where
C = Bid Price
C low = the lowest of all Bid Prices among responsive Bids

T = the total Technical Score awarded to the Bid

T high = the Technical Score achieved by the Bid that was scored best among all
responsive Bids
X = weightage for the Bid Price as specified in the QCBS (0.3 in this case)

3.3.4 The Selected Applicant shall be the first ranked Applicant (having the highest
combined score). The second ranked Applicant shall be kept in reserve and may be
invited for negotiations in case the first ranked Applicant withdraws, or fails to
comply with the requirements specified in Clauses 2.28, 2.32 and 2.31, as the case
may be.

3.3.5 DDA reserves the right to modify the evaluation process / relax any criteria of
eligibility for the selection of consultants laid down in the RFP document, if felt
necessary, without assigning any reason, whatsoever, and without any requirement of
intimating the bidders of any such change.

40 | P a g e
4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Selection Process. Notwithstanding
anything to the contrary contained in this RFP, the Authority shall reject a Proposal
without being liable in any manner whatsoever to the Applicant, if it determines that
the Applicant has, directly or indirectly or through an agent, engaged in corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice (collectively the “Prohibited Practices”) in the Selection Process. In such an
event, the Authority shall, without prejudice to its any other rights or remedies, forfeit
and appropriate the Bid Security or Performance Security, as the case may be, as
mutually agreed genuine pre-estimated compensation and damages payable to the
Authority for, inter alia, time, cost and effort of the Authority, in regard to the RFP,
including consideration and evaluation of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the Agreement,
if an Applicant or Consultant, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice
during the Selection Process, or after the issue of the LOA or the execution of the
Agreement, such Applicant or Consultant shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of 2 (two) years from the date
such Applicant or Consultant, as the case may be, is found by the Authority to have
directly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as the case may
be.

4. 3 For the purposes of this Section, the following terms shall have the meaning
hereinafter respectively assigned to them which shall be in addition to the meaning
assigned to them under any law:

(a) “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected with
the Selection Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly, any official
of the Authority who is or has been associated in any manner, directly or indirectly
with the Selection Process or the LOA or has dealt with matters concerning the
Agreement or arising there from, before or after the execution thereof, at any time
prior to the expiry of one year from the date such official resigns or retires f rom or
otherwise ceases to be in the service of the Authority, shall be deemed to constitute
influencing the actions of a person connected with the Selection Process); or (ii) save
as provided herein, engaging in any manner whatsoever, whether during the Selection
Process or after the issue of the LOA or after the execution of the Agreement, as the
case may be, any person in respect of any matter relating to the Project or the LOA or
41 | P a g e
 the Agreement, who at any time has been or is a legal, financial or technical
consultant/ adviser of the Authority in relation to any matter concerning the Project;

(b) “Fraudulent Practice” means a misrepresentation or omission of facts or

disclosure of incomplete facts, in order to influence the Selection Process;

(c) “Coercive Practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any persons or property to influence any person’s
participation or action in the Selection Process;

(d) “Undesirable Practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the Selection Process; or (ii) having a Conflict of Interest; and

(e) “Restrictive Practice” means forming a cartel or arriving at any understanding

or arrangement among Applicants with the objective of restricting or
manipulating a full and fair competition in the Selection Process.

5. PRE-BID MEETING

5.1 Pre-Bid Meeting of the Applicants shall be convened at the designated date, time and
place. Only those Applicants, who have purchased the RFP document or downloaded
the same from the Official Website of the Authority, shall be allowed to participate in
the Pre-Bid Meeting. A maximum of two representatives of each Applicant shall be
allowed to participate on production of an authority letter from the Applicant.

5.2 During the course of Pre-Bid meeting, the Applicants will be free to seek
clarifications and make suggestions for consideration of the Authority. The Authority
shall endeavor to provide clarifications and such further information as it ma y, in its
sole discretion, consider appropriate for facilitating a fair, transparent and competitive
Selection Process.

6. MISCELLANEOUS

6.1 The Selection Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Delhi shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/or in connection with the Selection Process.

6.2 The Authority, 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

b. Consult with any Applicant in order to receive clarification or further

information;

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.
42 | P a g e
 It shall be deemed that by submitting the Proposal, the Applicant agrees and releases
the Authority, its employees, agents and advisers, irrevocably, unconditionally, f ully
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.

6.3 All documents and other information supplied by the Authority or submitted by an
Applicant shall remain or become, as the case may be, the property of the Authority.
The Authority will not return any submissions made hereunder. Applicants are
required to treat all such documents and information as strictly confidential.

6.4 The Authority reserves the right to make inquiries with any of theclients listed by the
Applicants in their previous experience record.

43 | P a g e
SCHEDULES

44 | P a g e
 Schedule-1: Terms of Reference

SCHEDULE–1

(See Clause 1.14)

SELECTION OF LANDSCAPE DESIGN CONSULTANT

for DDA Heritage Park

at

(a) Burari: Green Area near Coronation Pillar

(b) Nehru Place: Grand Relic Stupa at AasthaKunj, Kalkaji

Terms of Reference (TOR)

44 | P a g e
 Schedule-1: Terms of Reference

BLANK PAPER

45 | P a g e
 Schedule-1: Terms of Reference

TERMS OF REFERENCE (TOR)

1. GENERAL

1.1 Delhi Development Authority (DDA) has been playing a key role in the overall
development and management of its green spaces, with conscious efforts towards the
development of open spaces as Regional parks, District parks, Green Belts and
Neighborhood greens. With many small and big parks under its jurisdiction, DDA
has kept its commitment for up-gradation and maintenance of these green areas,
which form the lungs of the city.
1.2 Besides the basic intent of development and up-gradation of DDA Greens, DDA
proudly participates in increasing awareness of Indian Heritage amongst the public.
With this patriotic intention in mind, DDA intends to hire Landscape Design
Consultant to provide support in the conceptualization and development of two
identified Parks as DDA’s Heritage Parks. Eligible Applicants would be screened for
selection as Landscape Design consultant based on their presented concept and
proposed fee structure as per conditions of this RFP documents

1.3 The consultant shall be guided in its assignment by the Master Plan of Delhi 2021,
other regulations, relevant rules, and provisions of law.

1.4 The consultant shall be responsible for preparing the technical and system related
schedules of the “Contract Agreement “and for bringing out any special f ea ture or
requirement of the project referred to in the Contract Agreement or the MPD2021, as
the case may be. The details and particulars to be specified in the Schedules shall be
duly addressed and incorporated therein.

1.5 The consultant shall, to the extent possible, rely on the existing data and which it may
verify, supplement and analyze, as necessary, during the course of consultancy. The
reports, information and material to be provided by the Authority are as follows:
(i) Base map of Project Area.
(ii) Maps showing details of existing facilities and peripheral services etc. for the
Project Area.
The data/ details furnished by the Authority are for guidance only and
therefore the Applicants are advised to visit the site for making their own
assessment regarding site conditions and restrains.

1.6 The consultant shall also participate in the Pre-bid meeting with the bidders of the
Project and assist the Authority in clarifying the technical aspects from bid of
documents

2.0. OBJECTIVE
To develop an overall concept for Landscaping Design for DDA Heritage Park at
Burari, Green Area near Coronation Pillar and Nehru Place: Grand Relic Stupa at
Aastha Kunj, Kalkaji.

The DDA’s Heritage Parks aim to symbolize the rich cultural heritage of the city
through aspects like the shift and evolution of arts, crafts, culture, Architectural
building types, food, music, etc., that came with the different rulers of the city. It is
proposed to showcase the heritage of the city is uniquely presented techniqu es in
varied settings, where the public can explore the glorious cities of Delhi through the
46 | P a g e
 Schedule-1: Terms of Reference

experience of the five senses and advancement of technology alike. The sites are parts
of following two identified parks:
Project 1: DDA’s Heritage Park
Burari: Green Area near
Coronation Pillar, (50 acres
approximately)
Project 2: DDA’s Heritage Park
Nehru Place: Grand Relic Stupa at Aastha
Kunj, Kalkaji (20 acres approximately)
3.0. SCOPE OF WORK
To accomplish the objectives, as aforesaid. The Scope of Services includes,
but is not limited to, any or all activities incidental and required for the
development of the proposal at each stage. The Consultant, who will work in
conjunction with DDA, will undertake the services as specified in this RFP
document.
The Services to be provided by the Consultant as the “Landscape Architect”
shall include the overall design based on the theme and the required details
for the construction of the same, which would include but not limited to the
following:
1. Studies showing:
A. Approaches of landscape design process
B. Urban Context, Surroundings & Precincts
▪ Ecology and Natural History of the area and the Archeological
Context
▪ Surrounding Land use
▪ Urban aesthetics- Legibility, Image ability, Identity
▪ Circulation, connectivity and, accessibility -from Transit corridors (if
any),
▪ nodal points, Landmarks, Strategic links Pedestrian routes in terms of
the impact on surrounding greens.
▪ Climate and Sciography
▪ Edge conditions, Noise barriers

C. Detailed Landscape Analysis:

Analysis of existing features on site- Natural (Slope Analysis and Shadow
Analysis (Aspect), Relief Analysis, Soil analysis, Vegetation Analysis,
Hydrological analysis. (A plan that justifies the consideration of existing trees
in the proposal. Where every existing tree is marked, numbered. No existing
tree is to be cut. If at all, the proposal suggests to cut: the number of trees cut
are highlighted, percentage shown and, the location of new trees to be planted
are marked. Similarly, the top soil if to be removed needs to be conserved and
the plan for the same to be shared).
Visual analysis - Visual Linkages (Intangible/Tangible)
Activity analysis
Landscape Structure Analysis (Open and built) vis a vis context; existing
features on site- Man Made (Existing Structures)

47 | P a g e
 Schedule-1: Terms of Reference

SWOT Analysis - (Strengths-Weaknesses-Opportunities-Threats)

Existing services reference to special areas, if any.

D. Site Planning and Landscape Design Proposal, including:

Broad Concept, Location Plan & Site Plan, Demolition Plan, Comprehensive
Landscape Development Plan demarcating the activities Allocated, Open space
Hierarchy & Typology, Circulation, Connectivity and, accessibility -
Pedestrian, Vehicular, Parking, Ramps, Physically Challenged, Emergency
vehicles, Drainage, water management systems and Grading-Cut/fill, Visual
windows, Activities, Planting Plan and palette, Urban art, Materials- Hard and
soft landscape, Comprehensive lighting scheme based on innovative
illumination design, Irrigation Scheme, All landscape features including, and
not restricted to, signage, art elements, furniture, shelters, parking (if any),
boundary wall, entry gate, fencing and kiosks. Their logical provision needs to
be justifiable with respect to specific site, Any special technical knowhow
required to showcase the innovative techniques for the depiction of the theme.
Co-ordination of external and internal services, Periodic, as well as required
inspection of works at the site during execution and 06 months after the
commissioning of the project. The work on site needs to be evaluated and
managed with respect to time, quality and economics. Though the initial
survey will be provided by DDA, the Consultant should be able to get the
survey updated, if required. Methodology for execution of proposal &
maintenance of the green area to be proposed as well. Facilitation of approvals
from any authorities, if required.

4.0. SCHEDULE OFSERVICES

The Service providing Landscape Design Consultancy has been subdivided
into five distinct stages. These stages can be logically modified if DDA to
desires and the Consultant is in Agreement.
4.1 Stage 1: Pre-final Concept
a. Conceptual landscape plan, indicating all proposed elements following the
general principles of landscape planning and design.
b. Identification of functional and aesthetic zones along with their conceptual
treatment.
c. Identification of Innovative, ecological, economic and sustainable site -
specific strategies.
d. Concept sketches for all proposed landscape elements and with illustrativ e
details of significant design areas.
e. Description of features like boundary walls, entry gates, walkways,
pathways, planters, pavement, steps, ramps, railings, pergolas, park
furniture, lighting scheme, etc. wherever required.
f. Conceptual planting scheme including trees, shrubs and groundcover to
fulfill environmental, aesthetic and functional needs.

Stage 1 Deliverables
Landscape Plan with above mentioned information to convey the
ideas for a fruitful discussion during its presentation.
Note: This stage will be considered as the Technical Concept
Submission based on which the proposals would be marked along
with the financial bids as per this document
48 | P a g e
 Schedule-1: Terms of Reference

4.2 Stage 2: Final Concept

4.2.1 Detail, and modify if required, the selected conceptual design and
prepare a full set of concept drawings, sketches, study model, 3D -
views, walkthrough (if required) etc. along with all the requisite
details with preliminary cost estimates.
4.2.2 The Concept shall comply with the Delhi Master Plan 2021
regulations, applicable codes & standards and local availability of
the material. The Consultant shall present analysis and approach
considerations with detailed reasoning of the basis of the concept
design.
4.2.3 The Final Concept stage shall include revision and reworking of the
draft concept as per the feedback received from the concerned DDA
team officials.
4.2.4 Prepare presentation drawings and presentations as per the
requirement of the DDA team officials.
Stage 2 Deliverables
The Consultant shall submit the deliverables in the form of a high-resolution
presentation in soft copy as well as a report in a reasonable size hard copy -
04 numbers
1. Final Landscape Concept Plan, high lighting all the major elements
and detailing thereof
2. 3-D renderings to explain the scheme
3. Representative images, sketches and renderings
4. Report detailing Landscape Design parameters and assumptions if
any, taken for design decisions.
5. Presentation for meetings
6. Receive final sign-off from the Competent Authority

4.3 Stage 3: Schematic Drawings And Pre-Tender Stage Document

4.3.1 Schematic Drawings
Incorporate inputs received at the Concept Stage and prepare
schematic drawings with landscape details, service requirements and
detailed specifications for all information mentioned in stageI.
4.3.2 Pre-Tender Stage Document
1. Prepare Tender document and working drawings for civil, electrical
and horticulture works incorporating schedule of quantities, the
estimate of cost including code of practice covering aspects like mode
of measurement, method of payments. Obtain approval from statutory
bodies as required for the project, quality control procedures on
materials and works, analysis of rates wherever required, time
schedule and other conditions of the contract.
2. Assist in inviting, receiving and analysis of tenders; issue
clarifications and changes for queries raised during the tendering
process and advise DDA on the appointment of contractors for
implementation of the design.

49 | P a g e
 Schedule-1: Terms of Reference

Stage 3 Deliverables
a. Landscape Plan and details
b. All drawings required to communicate the scheme
completely and comprehensively.
c. Detailed design report.
d. Tender drawings, specifications, BOQ, rate analysis and any other
technical information required in the tender documentation.

4.4 Stage 4:Detailed Drawings And Tender documents

a. Detailed Comprehensive Landscape Development plan

b. Detailed design development of individual sections.
c. Detailed Comprehensive Planting Plans
d. Detailed Planting plan of individual sections.
e. Tender document based on detailed drawings for civil, electrical and
horticulture works.
f. Consultant shall provide the required list of drawings and documents
along with the schedule of rates to DDA, prior to the commencement
of the “Good for Construction” preparation and shall follow the same
for the issuance for execution in consultation with the officials of
DDA
g. Assist in the finalization of contractor and award of contract

Stage 4: Deliverables
1. Detailed Drawings for landscape including all hard & soft elements,
final plantation plan, irrigation scheme and water requirements,
incorporation of any special landscape element and their
specifications, wherever applicable
2. Tender Drawings, Specifications, BoQ’s,Rate Analysis and any other
technical information required in the final tender documentation
(Tender stage documentation requirements - 100% completion of all
requirements in the Tendering stage)
3. Final Report on Landscape Design parameters and assumptions in
coordination with DDA
4. Receive final approval from DDA on the appointment of the
contractor as completion of the stage

4.5 STAGE 5:CONSTRUCTION

a. Preparation of working drawings for civil works and landscape
horticultural works, including setting out, incorporating the overall
Landscape Scheme and special design elements used.
b. Regular coordination with officials of DDA, contractors and other
agencies working on the project
c. Periodic site visits to ensure execution of work as per drawings and
instructions. Regular submission of feedback to DDA regarding site
implementation and timely execution of site work

50 | P a g e
 Schedule-1: Terms of Reference

Stage 5 Deliverables
1. Complete Good for Construction (GFC) drawing set to be delivered
as per the time schedule agreed with the respective officials of DDA
2. All discrepancies during designing and execution, which are not as
per the original design intent or as per the approved specifications,
are to be brought to the notice of DDA in writing
3. Site Visit Report/ Minutes of Site Inspection and Minutes of Meeting
shall be submitted after every scheduled site visit and meeting
4. Receive stage completion certificate from DDA after successful
delivery of the last deliverable of this stage, after due
acknowledgment from the contractor engaged on site as well as the
officials of DDA
5. Issue Methodology to be adopted for maintenance of the work
executed onsite

5.0 GENERAL INSTRUCTION REGARDINGSUBMISSION

1. All the drawings are to be delivered in hard and soft copies (CAD,
PDF and specified format)
2. All renderings to be submitted in hard and soft copies(Jpg&PSD and
specified format)
3. All final stage-wise site inspections/ presentations/ meetings are to be
attended by a Sr. official from the Consultant organization, who is
competent to issue a certificate at the end of each stage stating and
elaborating how the original design intent is being maintained.
4. All feedback from the concerned officials of DDA shall be
incorporated at various stages of work, as desired
5. All variations/ additions/ alterations etc. beyond the current scope and
listed deliverables should be incorporated after written
communication from DDA
6. Any other requirement beyond the current scope of work that may
arise during the course of this assignment needs to be communicated
in writing to DDA well in advance to preserve the agreed timelines of
the project.
7. Any additional (apart from the above stated) detailed model &
walkthrough, if required during the assignment, would be paid on
actual on mutually agreed terms. However, the Consultant will need
to coordinate and provide all necessary inputs and details as may be
required
8. Coordinating with any sub-consultants and specialist Consultant
appointed for the task would be the prime responsibility of the
Consultant. Any points of conflicts or disagreements in such
coordination should be communicated to DDA in writing to ensure an
early resolution
9. Most importantly, the Consultant is expected to maintain a time
line/schedule of the project deliverables pertaining to the current
scope in any compatible scheduling/ Project management software ,
and follow the same as agreed upon. Any ensuing delays/ deviations
in the agreed timelines should be brought to the notice of DDA in
writing.

51 | P a g e
 Schedule-1: Terms of Reference

6.0 INDICATIVE TIME AND PAYMENT SCHEDULE

Stage Payment Time Span

Stage 1 Pre-Final Concept
Approval of Concept
Date of Agreement Y X
Consultancy fee
Stage 2 Submission of Final X+3 weeks
Concept
Acceptance of stage 1 10% of Y
deliverables
Stage 3. Schematic drawings X+(3+4 )weeks
and pre-tender stage
document
Acceptance of stage 2 30% of Y
deliverables
Stage 4. detailed drawings X+(3+4+4) weeks
and tender
documents
Acceptance of stage 3 30% of Y
deliverables
Stage 5. construction X+(3+4+4+6) weeks
Acceptance of stage 4 25% of Y
deliverables
Completion of the Project 5% of Y Actual
• The above does not include the time taken for granting approvals by DDA
or any other statutory body if required. No compensation will be given to
the consultant if the project gets extended due to acceptance of reports
except as agreed by the Authority.
• Time of approximately two to three weeks shall be taken by the department
to grant approvals for each deliverable.
• The Consultant shall whenever require to make presentations before
competent authorities from time to time for securing approval from DDA.
• The cost of these presentations is deemed to have been included in the f ee
quoted by the consultants.
• The overall contract with the consultant shall be for 60 months after signing
of the contract. The period involves the implementation of accepted design
proposals and reports on the ground and submission of all deliverables.
• The consultant is required to submit up to five hard copies of
proposal/drawings/report along with a soft copy of each stage.
• No compensation will be given to consultant if project gets extended due to
acceptance of reports except as agreed by the Authority.

52 | P a g e
 Schedule-1: Terms of Reference

• The rates submitted by the Consultant shall always deemed to include all
type of taxes applicable on the date of submission of the bid. Any tax or
cess imposed by the Government after the submission of bid, may be paid
by the D.D.A., if a notice in writing is served by the Consultant immediately
on imposition of any such tax and only when Consultant submits the receipt
of payment of such tax with the bank statement showing the payment
thereof. However, nothing extra on any account, whatsoever, shall be paid
to the Consultant nor shall the Consultant be entitled to ask anything over
and above the quoted rates/fee for the entire work done by it under this
RFP/Agreement.
• Even if the work is delayed on any account, whatsoever, neither the
Consultant shall be entitled to any extra amount towards fee, rates, loss of
profit, damages, compensation, costs, interest nor shall the same be paid to
it.
• The payment shall be made to the Consultant only after the bill f or each
stage is submitted by the Consultant along with all the required documents
showing the completion/achievement of the stage for which the bill is
raised.
• In case, the Consultant does not prepare and submit the bill, as aforesaid, the
bill & payment as may be finalized by the D.D.A. shall deemed to be full &
final towards the entire work done by the Consultant and, thereafter, no
amount, whatsoever, shall deemed to be left payable to the Consultant nor
shall be paid to it.
• Any amount or work which is not raised nor mentioned in the bills, whether
running or final, shall not be taken into consideration nor be paid and shall
always be deemed to have been waived.
• The payment shall be made within 30 days of submitting the bill and unless
the Consultant has submitted the bill with all required documents, it shall
not be entitled for any interest thereon.
• The amount of security deposit, performance guarantee and /or any other
amount deducted or withheld shall always be interest free and no interest
shall be paid thereon under any circumstances.
• It is specifically intimated to the Consultant that D.D.A. intents to award
further works of construction and maintenance etc. which shall be based on
the work done by the Consultant in this RFP. Hence, any delay in execution
of the work by the Consultant may adversely affect the D.D.A., therefore,
time is and shall always be the essence of the contract.
• Any delay in execution and completion of the Work shall be solely at the
risk & cost of the Consultant. D.D.A. shall be authorized & entitled to
claim & recover any loss or damage which it may suffer on account of
delay, if caused because of any reason attributable to the Consultant.
• Unless the Consultant is directed to stop the work by a notice in writing
issued by the Additional Commissioner, DDA, the Consultant shall continue
to perform & execute the work irrespective of any impediment and, if f or
any reason, whatsoever, Consultant is not able to perform its part or to
achieve any particular stage, it shall immediately give a notice in writing
with justifiable reason there for.

53 | P a g e
 Schedule-1: Terms of Reference

• If the Consultant is not able to complete the work within the stipulated
period and the reason(s) is/are beyond the control of the Consultant and
is/are absolutely not attributable to Consultant, D.D.A. may in its sole
discretion and upon such terms & conditions as may be deem fit by it,
extend the stipulated period by a maximum period of six months.
• If the work is not completed even in the extended time, the work shall stand
withdrawn from the Consultant and the Agreement shall stand lapsed. In
such a case, Consultant may be paid up-to the stage till which the work has
been done by it, subject to the condition that the reason for not completing
the work in time is absolutely not attributable to the Consultant and/or the
reason is absolutely beyond the control of the Consultant. It is an admitted
clause that under any circumstances, Consultant shall not be paid any other
amount whether towards loss of profit or damages or costs or interest or on
any other ground.

7.0 SUBMISSION OF PROPOSAL

Once submitted, the proposal, including the composition of the consulting team, cannot
be altered without prior Witten consent of Authority. Standard format for submission
ofthe Proposal are enclosed with this RFP.

8.0 EVALUATION AND SELECTION PROCESS

Evaluation of Technical Proposal
The evaluation of Financial Proposal will be made on the b asis of qu alification and
experience of the project team proposed by the Landscape Design Consultant f or this
assignment. The Transaction Adviser, who does not possess the required qualification
and experience as required in the teaming, will not be considered for opening of
Financial Proposal. Authority reserves the right to Judge, appraise, and reject any or all
proposals.

9.0 ADDITIONS AND ALTERATIONS:

9.1 The Authority shall have the right to ask in writing changes, additions, modifications
or deletions in the design and drawing of any part of the work and to request in
writing auditioned work in connection herewith and the Consultant shall comply with
such request. That if the Authority deviates substantially from the original scheme
which involves for its proper execution, extra services, expenses and extra labor on
the part of the Consultant for making changes and additions to the drawings,
specifications or other documents due to rendering major part or the whole of their
work in fructuous, the Consultant may then be compensated for such extra services
and expenses on quantum merit basis at percentage applicable under their agreement
and to be determined mutually unless such changes, alterations are due to the
Consultants own commission and / or discrepancies including changes required at the
time of approval at various Forums and due to changes required by the Consultants
of all internal, external utilities and services. The decision of the Authority shall be
final on whether the deviations and additions are substantial and require any
compensation to be paid to the Consultant. However, for any modification or
alteration which does not affect the entire design, planning, etc., no amount will be
payable.

54 | P a g e
 Schedule-1: Terms of Reference

9.2 Consultant shall not make any material deviation, alteration, addition to or omission
from the work shown and described in the contract document except without f irst
obtaining the written consent of the Employer.

55 | P a g e
 Schedule-1: Terms of Reference

Performa 1
PROJECT FACILITIES

56 | P a g e
 Schedule-2: Form of Agreement

SCHEDULE–2

(See Clause 2.1.3)

AGREEMENT

FOR

LANDSCAPE DESIGN CONSULTANT

FOR DEVELOPING
DDA Heritage Park

at

(a) Burari:Green Area near Coronation Pillar

(b) Nehru Place: Grand Relic Stupa at Aastha Kunj, Kalkaji.

56 | P a g e
 Schedule-2: Form of Agreement

BLANK PAPER

57 | P a g e
 Schedule-2: Form of Agreement
AGREEMENT

Independent Lighting Design of ‘Selection of Landscape Design Consultant for DDA Heritage
Park (a) Burari: Green Area near Coronation Pillar(b) Nehru Place: Grand Relic Stupa at Aastha
Kunj, Kalkaji.

This AGREEMENT (hereinafter called the “Agreement”) is made on the ...........………. day of
the month of ………… 20…, between, on the one hand, the [Vice Chairman DDA India acting
through ……………………….] (hereinafter called the “Authority” which expression shall
include their respective successors and permitted assigns, unless the context otherwise requires)
and, on the other hand, …………………………………. (hereinafter called the “ Consultant”
which expression shall include their respective successors and permitted assigns).

WHEREAS

(A) The Authority vide its Request for Proposal for Selection of Landscape Design
Consultant (hereinafter called the “Consultancy”) for ‘Selection of Landscape Design
Consultant for DDA Heritage Park (a) Burari: Green Area near Coronation Pillar (b) Nehru
Place: Grand Relic Stupa at Aastha Kunj, Kalkaji. (hereinafter called the “Project”);

(B) The Consultant submitted its proposals for the aforesaid work, whereby the Consultant
represented to the Authority that it had the required professional skills, and in the said
proposals the Consultant also agreed to provide the Services to the Authority o n the
terms and conditions as set forth in the RFP and this Agreement; and

(C) The Authority, on acceptance of the aforesaid proposals of the Consultant, awarded the
Consultancy to the Consultant vide its Letter of Award dated .................. (the “ LOA”);
and

(D) in pursuance of the LOA, the parties have agreed to enter into this Agreement.

NOW, THEREFORE, the parties hereto hereby agree as follows:

1. GENERAL

1.1 Definitions and Interpretation

1.1.1 The words and expressions beginning with capital letters and defined in this Agreement
shall, unless the context otherwise requires, have the meaning hereinafter respectively
assigned to them;

(a) “Agreement” means this Agreement, together with all the Annexes;

(b) “Agreement Value” shall have the meaning set forth in Clause 6.1.2;

(c) “Applicable Laws” means the laws and any other instruments having the f orce
of law in India as they may be issued and in force from time to time;

(d) “Confidential Information” shall have the meaning set forth in Clause 3.3;

(e) “Conflict of Interest” shall have the meaning set forth in Clause 3.2 read with
the provisions of RFP;

58 | P a g e
 Schedule-2: Form of Agreement

(f) “Dispute” shall have the meaning set forth in Clause 9.2.1;

(g) “Effective Date” means the date on which this Agreement is

executed;“Expatriate Personnel” means such persons who at the time of being
so hired had their domicile outside India;

(h) “Government” means the Government of .............;

(i) “INR, Re. or Rs.” means Indian Rupees;

(j) “Member”, in case the Consultant consists of a joint venture or consortium of

more than one entity, means any of these entities, and “Members” means all of
these entities;

(l) “Party” means the Authority or the Consultant, as the case may be, and Parties
means both of them;

(m) “Personnel” means persons hired by the Consultant as employees or part of the
project team and assigned to the performance of the Services or any part thereof;

(n) “Resident Personnel” means such persons who at the time of being so hired had
their domicile inside India;

(o) “RFP” means the Request for Proposal document in response to which the
Consultant’s proposal for providing Services was accepted and shall form part &
parcel of the Agreement;

(p) “Services” means the work to be performed by the Consultant pursuant to this
Agreement, as described in the Terms of Reference hereto;

(q) “Sub-Consultant” means any entity to which the Consultant engages f or any
part of the Services in accordance with the provisions of Clause 4.7; and

(r) “Third Party” means any person or entity other than the Government, the
Authority, the Consultant or a Sub-Consultant.

All terms and words not defined herein shall, unless the context otherwise
requires, have the meaning assigned to them in the RFP.

1.1.2 The following documents along with all addenda issued thereto shall be deemed to form
and be read and construed as integral parts of this Agreement and in case of any
contradiction between or among them the priority in which a document would prevail
over another would be as laid down below beginning from the highest prio rity to the
lowest priority:

a) Agreement;
b) Annexes of Agreement;
c) RFP; and
d) Letter of Award.

59 | P a g e
 Schedule-2: Form of Agreement

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and

servant or of agent and principal as between the Authority and the Consultant. The
Consultant shall, subject to this Agreement, have complete charge of Personnel
performing the Services and shall be fully responsible for the Services performed by
them or on their behalf hereunder.

1.3 Rights and obligations

The mutual rights and obligations of the Authority and the Consultant shall be as set
forth in the Agreement, in particular:

(a) The Consultant shall carry out the Services in accordance with the provisions of
the Agreement; and

(b) The Authority shall make payments to the Consultant in accordance with the
provisions of the Agreement.

1.4 Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and governed by
the laws of India, and the courts at Delhi shall have exclusive jurisdiction over matters
arising out of or relating to this Agreement.

1.5 Language

All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way relevant to this
Agreement shall be in writing and in English language.

1.6 Table of contents and headings

a) The table of contents,

b) Headings or sub-headings in this Agreement are for convenience of reference
only and shall not be used in, and shall not affect, the construction or
interpretation of this Agreement.

1.7 Notices

Any notice or other communication to be given by any Party to the other Party under or
in connection with the matters contemplated by this Agreement shall be in writing and
shall:

(a) In the case of the Consultant, be given by e-mail and by letter delivered by hand
to the address given and marked for attention of the Consultant’s Representative
set out below in Clause 1.9 or to such other person as the Consultant may from
time to time designate by notice to the Authority; provided that notices or other
communications to be given to an address outside the city specified in Sub-
clause (b) below may, if they are subsequently confirmed by sending a copy
thereof by registered acknowledgement due, air mail or by courier, be sent by e -
mail to the number as the Consultant may from time to time specify by notice to
the Authority;

60 | P a g e
 Schedule-2: Form of Agreement

(b) In the case of the Authority, be given by e-mail and by letter delivered by hand
and be addressed to the Authority with a copy delivered to the Authority
Representative set out below in Clause 1.10 or to such other person as the
Authority may from time to time designate by notice to the Consultant; provided
that if the Consultant does not have an office in the same city as the Authority’s
office, it may send such notice by e-mail and by registered acknowledgement
due, air mail or by courier; and

(c) Any notice or communication by a Party to the other Party, given in accordance
herewith, shall be deemed to have been delivered when in the normal course of
post it ought to have been delivered and in all other cases, it shall be deemed to
have been delivered on the actual date and time of delivery; provided that in the
case of e-mail, it shall be deemed to have been delivered on the working days
following the date of its delivery.

1.8 Location

The Services shall be performed at the site of the Project in accordance with the
provisions of RFP and at such locations as are incidental thereto, including the offices of
the Consultant

1.9 Authority of Member-in-charge

In case the Consultant consists of a consortium of more than one entity, the Parties agree
that the Lead Member shall act on behalf of the Members in exercising all the
Consultant’s rights and obligations towards the Authority under this Agreement,
including without limitation the receiving of instructions and payments from the
Authority.

1.10 Authorized Representatives

1.10.1 Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Agreement by the Authority or the Consultant, as the cas e may
be, may be taken or executed by the officials specified in this Clause 1.10

1.10.2 The Authority may, from time to time, designate one of its of ficials as the Authority
Representative. Unless otherwise notified, the Authority Representative shall be:

................................
Tel: ................
Mobile: ...............
Email: ...............

1.10.3 The Consultant may designate one of its employees as Consultant’s Representative.
Unless otherwise notified, the Consultant’s Representative shall be:

................................
Tel: ................
Mobile: ...............
Email: ...............

61 | P a g e
 Schedule-2: Form of Agreement

1.11 Taxes and Duties

Unless otherwise specified in the Agreement, the Consultant shall pay all such ta xes,
duties, fees and other impositions as may be levied under the Applicable Laws and the
Authority shall perform such duties in regard to the deduction of such taxes as may be
lawfully imposed on it.

2. COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT

2.1 Effectiveness of Agreement

This Agreement shall come into force and effect on the date execution of this Agreement
(the “Effective Date”).

2.2 Commencement of Services

The Consultant shall commence the Services within a period of 7 (seven) days f rom the
Effective Date, unless otherwise agreed by the Parties.

2.3 Termination of Agreement for failure to commence Services

If the Consultant does not commence the Services within the period specified herein
above or violates any of the clauses, terms & conditions, the Authority may, by not less
than 2 (two) weeks’ notice to the Consultant, declare this Agreement to be null and void,
and in the event of such a declaration, the Bid Security of the Consultant shall stand
forfeited.

2.4 Expiry of Agreement

Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall,
unless extended by the Authority, expire upon the later of (i) expiry of a period of 90
(ninety) days after the delivery of the final deliverable to the Authority; (ii) the expiry of
[1 (one) year] from the Effective Date or (iii) satisfactory completion of the entire work.
Upon Termination, the Authority shall make payments of all amounts due to the
Consultant hereunder.

2.5 Entire Agreement

2.5.1 This Agreement and the Annexes together constitute a complete and exclusive statement
of the terms of the agreement between the Parties on the subject hereof, and no
amendment or modification hereto shall be valid and effective unless such modification
or amendment is agreed to in writing by the Parties and duly executed by persons
especially empowered in this behalf by the respective Parties. All prior written or oral
understandings, offers or other communications of every kind pertaining to this
Agreement are abrogated and withdrawn; provided, however, that the obligations of the
Consultant arising out of the provisions of the RFP shall continue to subsist and shall be
deemed to form part of this Agreement.
2.5.2 Without prejudice to the generality of the provisions of Clause 2.5.1, on matters not
covered by this Agreement, the provisions of RFP shall apply.
2.5.3 The Authority shall use all drawings, designs, specifications and documents prepared by
the consultant for the purposes of development, construction, operation and maintenance
of the Parks.

62 | P a g e
 Schedule-2: Form of Agreement

2.6 Modification of Agreement

Modification of the terms and conditions of this Agreement, including any modifications
of the scope of the Services, may only be made by written agreement between the
Parties.

2.7 FORCE MAJEURE

2.7.1 Definition

(a) For the purposes of this Agreement, “Force Majeure” means an event which is
beyond the reasonable control of a Party, and which makes a Party’s
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes, but is
not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, f lood
or other adverse weather conditions, strikes, lockouts or other industrial action
(except where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any other
action by government agencies.

(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-Consultant 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
Agreement, and (B) avoid or overcome in the carrying out of its obligations
hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.

2.7.2 No breach of Agreement

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to
be a breach of, or default under, this Agreement 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
objective of carrying out the terms and conditions of this Agreement.

2.7.3 Measures to be taken

(a) A Party affected by an event of Force Majeure shall take all reasonable measures
to remove such Party’s inability to fulfill its obligations hereunder with a
minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than 14 (fourteen) days
following the occurrence of such event, providing evidence of the nature and
cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.
63 | P a g e
 Schedule-2: Form of Agreement

2.7.4 Extension of time

Any period within which a Party shall, pursuant to this Agreement, complete any action
or task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.

2.7.5 Consultation

Not later than 30 (thirty) days after the Consultant has, as the result of an event of Force
Majeure, 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 of Agreement

The Authority 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 Agreement, 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 provide an opportunity to the Consultant
to remedy such breach or failure within a period not exceeding 30 (thirty) days af ter
receipt by the Consultant of such notice of suspension.

2.9 Termination of Agreement

2.9.1 By the Authority

The Authority may, by not less than 30 (thirty) days’ written notice of termination to the
Consultant, such notice to be given after the occurrence of any of the events specified in
this Clause 2.9.1, terminate this Agreement if:

a) the Consultant fails to remedy any breach hereof or any failure in the performance of its
obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8
hereinabove, within 30 (thirty) days of receipt of such notice of suspension or within
such further period as the Authority may have subsequently granted in writing;

b) the Consultant becomes insolvent or bankrupt or enters into any agreement with its
creditors for relief of debt or take advantage of any law for the benefit of debtors or goes
into liquidation or receivership whether compulsory or voluntary;

c) the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause 9 hereof;

d) the Consultant submits to the Authority a statement which has a material effect on the
rights, obligations or interests of the Authority and which the Consultant knows to be
false;

e) any document, information, data or statement submitted by the Consultant in its

Proposals, based on which the Consultant was considered eligible or successful, is found
to be false, incorrect or misleading;

f) as the result of Force Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not less than 60 (sixty) days;

g) The Consultant violates any of the provision, clause, terms and/or condition of the RFP
64 | P a g e
 Schedule-2: Form of Agreement

and/or Agreement.

h) For any other valid & justifiable reason whether mentioned in the RFP and Agreement or
not The decision of the Authority on validity and justification of the reason shall be final
& binding and shall not be questioned.

2.9.2 By the Consultant

The Consultant may, by not less than 30 (thirty) days’ written notice to the Authority,
such notice to be given after the occurrence of any of the events specified in this Clause
2.9.2, terminate this Agreement if:
a) the Authority fails to pay any money due to the Consultant pursuant to this Agreement
and not subject to dispute pursuant to Clause 9 hereof within 45 (forty five) days after
receiving written notice from the Consultant that such payment is overdue;

b) the Authority is in material breach of its obligations pursuant to this Agreement and has
not remedied the same within 45 (forty five) days or such longer period as the Consultant
may have subsequently granted in writing) following the receipt by the Authority of the
Consultant’s notice specifying such breach;

c) as the result of Force Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not less than 60 (sixty) days; or

d) The Authority fails to comply with any final decision reached as a result of arbitration
pursuant to Clause 9 hereof.

e) Consultant is not able to execute the work because of any such reason which is solely not
attributable to it and/or because of any such reason the work cannot be executed without
incurring unnecessary losses.

However, under any such condition, Consultant shall not be entitled to any loss of profit,
compensation. damage, costs, interest etc. and shall be paid only for the work it has
done.

2.9.3 Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, o r upon
expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and obligations of
the Parties hereunder shall cease, except (i) such rights and obligations as may have
accrued on the date of termination or expiration, or which expressly surv ive such
Termination; (ii) the obligation of confidentiality set forth in Clause 3.3 hereof; (iii) the
Consultant’s obligation to permit inspection, copying and auditing of such of its accounts
and records set forth in Clause 3.6, as relate to the Consultant’s Services provided under
this Agreement; and (iv) any right or remedy which a Party may have under this
Agreement or the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the other pursuant to
Clauses 2.9.1 or 2.9.2 hereof, the Consultant shall, immediately upon dispatch or receipt
of such notice, take all necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep expenditures fo r this
purpose to a minimum. With respect to documents prepared by the Consultant and
65 | P a g e
 Schedule-2: Form of Agreement

equipment and materials furnished by the Authority, the Consultant shall proceed as
provided respectively by Clauses 3.9 hereof.

2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof, the
Authority shall make the following payments to the Consultant (after offsetting against
these payments any amount that may be due from the Consultant to the Authority):
i. remuneration pursuant to Clause 6 hereof for Services satisfactorily performed
prior to the date of termination;
ii. reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually
incurred prior to the date of termination; and
iii. except in the case of termination pursuant to any of the sub-clauses of Clause
2.9.1 hereof, reimbursement of any reasonable cost incidental to the prompt and
orderly termination of the Agreement including the cost of the return travel of
the Consultant’s personnel.

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.9.1 or in Clause 2.9.2
hereof has occurred, such Party may, within 30 (thirty) days af ter receipt of notice of
termination from the other Party, refer the matter to arbitration pursuant to Clause 9
hereof, and this Agreement shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standards of Performance

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 Agreement or to the Services, as a faithful adviser to the Authority,
and shall at all times support and safeguard the Authority's legitimate interests in any
dealings with Sub-Consultants or Third Parties.

3.1.2 Terms of Reference

The scope of services to be performed by the Consultant is specified in the Te rms of

Reference (the “TOR”) at Annex-1 of this Agreement. The Consultant shall provide the
Deliverables specified therein in conformity with the time schedule stated therein.

3.1.3 Applicable Laws

The Consultant shall perform the Services in accordance with the Applicable Laws and
shall take all practicable steps to ensure that any Sub-Consultant, as well as the Personnel
and agents of the Consultant and any Sub-Consultant, comply with the Applicable Laws.

66 | P a g e
 Schedule-2: Form of Agreement

3.2. Conflict of Interest

3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall
constitute a breach of the Agreement. Consultant and Affiliates not to be otherwise
interested in the Project.

3.2.2 Consultant and Affiliates not to be otherwise interested in the Project

The Consultant agrees that, during the term of this Agreement and after its termination,
the Consultant or any Associate thereof and any entity affiliated with the Consultant, as
well as any Sub-Consultant and any entity affiliated with such Sub-Consultant, shall be
disqualified from providing goods, works, services, loans or equity for any project
resulting from or closely related to the Services and any breach of this obligation shal l
amount to a Conflict of Interest; provided that the restriction herein shall not apply after a
period of five years from the completion of this assignment or to consulting assignments
granted by banks/ lenders at any time; provided further that this restriction shall not
apply to consultancy/ advisory services provided to the Authority in continuation of this
Consultancy or to any subsequent consultancy/ advisory services provided to the
Authority in accordance with the rules of the Authority. For the avoidance of doubt, an
entity affiliated with the Consultant shall include a partner in the Consultant’s firm or a
person who holds more than 5% (five per cent) of the subscribed and paid up share
capital of the of the Consultant, as the case may be, and any Associate thereof.
3.2.3 Prohibition of conflicting activities
Neither the Consultant nor its Sub-Consultant nor the Personnel of either of them shall
engage, either directly or indirectly, in any of the following activities:
a) during the term of this Agreement, any business or professional activities which
would conflict with the activities assigned to them under this Agreement;
b) after the termination of this Agreement, such other activities as may be specified
in the Agreement; or
c) at any time, such other activities as have been specified in the RFP as Conflict of
Interest.
3.2.4 Consultant not to benefit from commissions, discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall constitute the
Consultant’s sole remuneration in connection with this Agreement or the Services and
the Consultant shall not accept for its own benefit any trade commission, discount or
similar payment in connection with activities pursuant to this Agreement or to the
Services or in the discharge of its obligations hereunder, and the Consultant shall use its
best efforts to ensure that any Sub-Consultant, as well as the Personnel and agents of
either of them, similarly shall not receive any such additional remuneration.

3.2.5 The Consultant and its Personnel shall observe the highest standards of ethics and shall
not have engaged in and shall not hereafter engage in any corrupt practice, f raudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
“Prohibited Practices”). Notwithstanding anything to the contrary contained in this
Agreement, the Authority shall be entitled to terminate this Agreement forthwith by a
communication in writing to the Consultant, without being liable in any manner
whatsoever to the Consultant, if it determines that the Consultant has, directly or
indirectly or through an agent, engaged in any Prohibited Practices in the Selection
Processor before or after entering into of this Agreement. In such an event, the Authority
shall forfeit and appropriate the performance security, if any, as mutually agreed genuine
pre-estimated compensation and damages payable to the Authority towards, inter alia,
the time, cost and effort of the Authority, without prejudice to the Authority’s any other
rights or remedy hereunder or in law. The Authority requires that the Consultant
67 | P a g e
 Schedule-2: Form of Agreement

provides professional, objective, and impartial advice and at all times hold the
Authority’s interests paramount, avoid conflicts with other assignments or its own
interests, and act without any consideration for future work. The Consultant shall not
accept or engage in any assignment that would be in conflict with its prior or current
obligations to other clients, or that may place it in a position of not being able to carry
out the assignment in the best interests of the Authority.

3.2.6 Without prejudice to the rights of the Authority under Clause 3.2.5 above and the other
rights and remedies which the Authority may have under this Agreement, if the
Consultant is found by the Authority to have directly or indirectly or through an agent,
engaged or indulged in any Prohibited Practices, during the Selection Process or before
or after the execution of this Agreement, the Consultant shall not be eligible to
participate in any tender or RFP issued during a period of 2 (two) years from the date the
Consultant is found by the Authority to have directly or indirectly or through an agent
engaged or indulged in any Prohibited Practices.

3.2.7 For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall have the meaning
hereinafter respectively assigned to them which shall be in addition to the meanings
assigned to them under any law:
a) “corrupt practice” means (i) the offering, giving, receiving or soliciting,
directly or indirectly, of anything of value to influence the actions of any person
connected with the Selection Process (for removal of doubt, offering of
employment or employing or engaging in any manner whatsoever, directly or
indirectly, any official of the Authority who is or has been associated in any
manner, directly or indirectly with Selection Process or LOA or dealing with
matters concerning the Agreement before or after the execution thereof, at
anytime prior to the expiry of one year from the date such official resign s or
retires from or otherwise ceases to be in the service of the Authority, shall be
deemed to constitute influencing the actions of a person connected with the
Selection Process); or (ii) engaging in any manner whatsoever, whether during
the Selection Process or after the issue of LOA or after the execution of the
Agreement, as the case may be, any person in respect of any matter relating to
the Project or the LOA or the Agreement, who at any time has been or is a legal,
financial or technical adviser the Authority in relation to any matter concerning
the Project;
b) “fraudulent practice” means a misrepresentation or omission of factsor
suppression of facts or disclosure of incomplete facts, in order toinfluence the
Selection Process;
c) “coercive practice” means impairing or harming, or threatening to impair or
harm, directly or indirectly, any person or property to influence any person’s
participation or action in the Selection Process or the exercise of its rights or
performance of its obligations by the Authority under this Agreement;
d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence the
Selection Process; or (ii) having a Conflict of Interest; and
e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating
a full and fair competition in the Selection Process.

3.3 Confidentiality

The Consultant, its Sub-Consultants and the Personnel of either of them shall not, either
during the term or within two years after the expiration or termination of this Agreement
disclose any proprietary information, including information relating to reports, data,
68 | P a g e
 Schedule-2: Form of Agreement

drawings, design software or other material, whether written or oral, in electronic or

magnetic format, and the contents thereof; and any reports, digests or summaries created or
derived from any of the foregoing that is provided by the Authority to the Consultant, its
Sub-Consultants and the Personnel; any information provided by or relating to the
Authority, its technology, technical processes, business affairs or finances or any
information relating to the Authority’s employees, officers or other professionals or
suppliers, customers, or contractors of the Authority; and any other information which the
Consultant is under an obligation to keep confidential in relation to the Project, the Services
or this Agreement("Confidential Information"), without the prior written consent of the
Authority.

Notwithstanding the aforesaid, the Consultant, its Sub-Consultants and the Personnel of
either of them may disclose Confidential Information to the extent that such Confidential
Information:
i. Was in the public domain prior to its delivery to the Consultant, its Sub -
Consultants and the Personnel of either of them or becomes a part of the public
knowledge from a source other than the Consultant, its Sub -Consultants and the
Personnel of either of them;
ii. Was obtained from a third party with no known duty to maintain its confidentiality
iii. Is required to be disclosed by Applicable Laws or judicial or administrative or
arbitral process or by any governmental instrumentalities, provided that f or any
such disclosure, the Consultant, its Sub-Consultants and the Personnel of either of
them shall give the Authority, prompt written notice, and use reasonable efforts to
ensure that such disclosure is accorded confidential treatment; and
iv. Is provided to the professional advisers, agents, auditors or representatives of the
Consultant or its Sub-Consultants or Personnel of either of them, as is reasonable
under the circumstances; provided, however, that the Consultant or its Sub-
Consultants or Personnel of either of them, as the case may be, shall require their
professional advisers, agents, auditors or its representatives, to undertake in writing
to keep such Confidential Information, confidential and shall use its best effor ts to
ensure compliance with such undertaking.

3.4 Liability of the Consultant

3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable
Laws and the provisions hereof.

3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to the
Authority for any direct loss or damage accrued or likely to accrue due to deficiency in
Services rendered by it.

3.4.3 The Parties hereto agree that in case of negligence or willful misconduct on the part of
the Consultant or on the part of any person or firm acting on behalf of the Consultant in
carrying out the Services, the Consultant, with respect to damage caused to the
Authority’s property, shall not be liable to the Authority:

(i) For any indirect or consequential loss or damage; and

(ii) For any direct loss or damage that exceeds (a) the Agreement Value set forth in
Clause 6.1.2 of this Agreement, or (b) the proceeds the Consultant may be entitled to
receive from any insurance maintained by the Consultant to cover such a liability in
accordance with Clause 3.5.2, whichever of (a) or (b) is higher.

3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s

69 | P a g e
 Schedule-2: Form of Agreement

liability, if any, for damage to Third Parties caused by the Consultant or any person or
firm acting on behalf of the Consultant in carrying out the Services subject, however, to
a limit equal to 3 (three) times the Agreement Value.

3.5 Insurance to be taken out by the Consultant

3.5.1
a) The Consultant shall, for the duration of this Agreement, take out and maintain, and
shall cause any Sub-Consultant to take out and maintain, at its (or the Sub-
Consultant’s, as the case may be) own cost, but on terms and conditions approved by
the Authority, insurance against the risks, and for the coverage, as specified in the
Agreement and in accordance with good industry practice.
b) Within 15 (fifteen) days of receiving any insurance policy certificate in respect of
insurances required to be obtained and maintained under this clause, the Consultant
shall furnish to the Authority, copies of such policy certificates, copies of the
insurance policies and evidence that the insurance premia have been paid in respect
of such insurance. No insurance shall be cancelled, modified or allowed to expire or
lapse during the term of this Agreement
c) The Consultant alone shall bear all sort of losses, if it fails to effect and keep in force
the aforesaid insurances for which it is responsible pursuant hereto. The Authority
may if being made aware that Consultant has not taken the insurance, apart f rom
having other recourse available under this Agreement, have the option, without
prejudice to the obligations of the Consultant, to take out the aforesaid insurance, to
keep in force any such insurances, and pay such premia and recover the costs thereof
from the Consultant, and the Consultant shall be liable to pay such amounts on
demand by the Authority.
d) Except in case of Third Party liabilities, the insurance policies so procured shall
mention the Authority as the beneficiary of the Consultant and the Consultant shall
procure an undertaking from the insurance company to this effect; provided that in
the event the Consultant has ageneral insurance policy that covers the risks specified
in this Agreementand the amount of insurance cover is equivalent to 3 (three) times
the cover required hereunder, such insurance policy may not mention the Authority
as the sole beneficiary of the Consultant or require an undertaking to that effect.

3.5.2 The Parties agree that the risks and coverage’s shall include but not be limited to the
following:
a) Third Party liability insurance as required under Applicable Laws, with a minimum
coverage of [Rs. 1 (one) crore];
b) Employer’s liability and workers’ compensation insurance in respect of the
Personnel of the Consultant and of any Sub-Consultant, in accordance with
Applicable Laws; and
c) Professional liability insurance for an amount no less than the Agreement Value.

The indemnity limit in terms of “Any One Accident” (AOA) and “Aggregate limit
on the policy period” (AOP) should not be less than the amount stated in Clause
6.1.2 of the Agreement. In case of consortium, the policy should be in the name of
Lead Member and not in the name of individual Members of the consortium.
3.6 Accounting, inspection and auditing

The Consultant shall:

a) Keep accurate and systematic accounts and records in respect of the Services
provided under this Agreement, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all relevant
time charges and cost, and the basis thereof (including the basis of the Consultant’s
costs and charges); and
70 | P a g e
 Schedule-2: Form of Agreement

b) Permit the Authority or its designated representative periodically, and up to one year
from the expiration or termination of this Agreement, to inspect the same and make
copies thereof as well as to have the audited by auditors appointed by the Authority

3.7 Consultant’s actions requiring the Authority's prior approval

The Consultant shall obtain the Authority's prior approval in writing before taking any of
the following actions:
a) Appointing such members of the Professional Personnel as are not listed in Annex-2.
b) Entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-Consultant and the terms and conditions
of the subcontract shall have been approved in writing by the Authority prior to the
execution of the subcontract, and (ii) that the Consultant shall remain fully liable for
the performance of the Services by the Sub-Consultant and its Personnel pursuant to
this Agreement; or
c) Any other action that is specified in this Agreement.

3.8 Reporting obligations

The Consultant shall submit to the Authority the reports and documents specified in the
Agreement, in the form, in the numbers and within the time periods set forth therein.

3.9 Documents prepared by the Consultant to be property of the Authority

3.9.1 All plans, drawings, specifications, designs, reports and other documents (collectively
referred to as “Consultancy Documents”) prepared by the Consultant(or by the Sub -
Consultants or any Third Party) in performing the Services shall become and remain the
property of the Authority, and all intellectual property rights in such Consultancy
Documents shall vest with the Authority. Any Consultancy Document, of which the
ownership or the intellectual property rights do not vest with the Authority under law,
shall automatically stand assigned to the Authority as and when such Consultancy
Document is created and the Consultant agrees to execute all papers and to perform such
other acts as the Authority may deem necessary to secure its rights herein assigned by
the Consultant.

3.9.2 The Consultant shall, not later than termination or expiration of this Agreement, deliver
all Consultancy Documents to the Authority, together with a detailed inventory thereof.
The Consultant may retain a copy of such Consultancy Documents. The Consultant, its
Sub-Consultants or a Third Party shall not use these Consultancy Documents for
purposes unrelated to this Agreement without the prior written approval of the Authority.

3.9.3 The Consultant shall hold the Authority harmless and indemnified for any losses, claims,
damages, expenses (including all legal expenses), awards, penalties or injuries
(collectively referred to as ‘Claims’) which may arise from or due to any unauthorised
use of such Consultancy Documents, or due to any breach or failure on part of the
Consultant or its Sub-Consultants or a Third Party to perform any of its duties or
obligations in relation to securing the aforementioned rights of the Authority.

3.10 Equipment and materials furnished by the Authority

Equipment and materials made available to the Consultant by the Authority shall be the
property of the Authority and shall be marked accordingly. Upon termination or
expiration of this Agreement, the Consultant shall furnish forthwith to the Authority, an
inventory of such equipment and materials and shall dispose of such equipment and
materials in accordance with the instructions of the Authority. While in possession of
71 | P a g e
 Schedule-2: Form of Agreement

such equipment and materials, the Consultant shall, unless otherwise instructed by the
Authority in writing, insure them in an amount equal to their full replacement value.

3.11 Providing access to Project Office and Personnel

The Consultant shall ensure that the Authority, and officials of the Authority having
authority from the Authority, are provided unrestricted access to the Project Of fice and
to all Personnel during office hours. The Authority’s official, who has been authorized
by the Authority in this behalf, shall have the right to inspect the Services in progress,
interact with Personnel of the Consultant and verify the records relating to the Services
for his satisfaction.

3.12 Accuracy of Documents

The Consultant shall be responsible for accuracy of the data collected by it directly or
procured from other agencies/authorities, the designs, drawings, estimates and all other
details prepared by it as part of these services. Subject to the provisions of Clause 3.4, it
shall indemnify the Authority against any inaccuracy in its work which might surface
during implementation of the Project, if such inaccuracy is the result of any negligence or
inadequate due diligence on part of the Consultant or arises out of its failure to conform
to good industry practice. The Consultant shall also be responsible for promptly
correcting, at its own cost and risk, the drawings including any re-survey / investigations.

4. CONSULTANT’S PERSONNEL AND SUB-CONSULTANTS

4.1 General

4.1.1 The Consultant shall employ and provide such qualified and experienced Personnel as
may be required to carry out such services.

4.2 Deployment of Personnel

The designations, names and the estimated periods of engagement in carrying out the
Services by each of the Consultant’s Personnel are described in Annex-2 of this
Agreement.

4.3 Approval of Personnel

4.3.1 The Professional Personnel listed in Annex-2 of the Agreement are hereby approved by
the Authority. No other Professional Personnel shall be engaged without prior approval
of the Authority.

4.3.2 If the Consultant hereafter proposes to engage any person as Professional Personnel, it
shall submit to the Authority its proposal along with a CV of such person in the form
provided at Appendix–I (Form-11) of the RFP. The Authority may approve or reject
such proposal within 14 (fourteen) days of receipt thereof. In case the proposal is
rejected, the Consultant may propose an alternative person for the Authority’s
consideration. In the event the Authority does not reject a proposal within 14 (f ourteen)
days of the date of receipt thereof under this clause 4.3 it shall be deemed to have been
approved by the Authority.

4.4 Substitution of Key Personnel

The Authority expects all the Key Personnel specified in the Proposal to be available
during implementation of the Agreement. The Authority will not consider any
substitution of Key Personnel except under compelling circumstances beyond the control
72 | P a g e
 Schedule-2: Form of Agreement

of the Consultant and the concerned Key Personnel. Such substitution shall be limited to
not more than two Key Personnel subject to equally or better qualified and experienced
personnel being provided to the satisfaction of the Authority. Without prejudice to
theforegoing, substitution of one Key Personnel shall be permitted subject to reduction
of remuneration equal to 20% (twenty per cent) of the total remuneration specified for
the Key Personnel who is proposed to be substituted. In case of a second substitution,
such reduction shall be equal to 50% (fifty per cent) of the total remuneration specified
for the Key Personnel who is proposed to be substituted.

4.5 Resident Principal Landscape Architectand Project Manager

The person designated as the Principal Landscape Architect of the Consultant’s Personnel
shall be responsible for the coordinated, timely and efficient functioning of the
Personnel. In addition, the Consultant shall designate a suitable person as Project
Manager (the “Project Manager”) who shall be responsible for day to day performance
of the Services.

1.6 Sub-Consultants
Sub-Consultants listed in Annex-2 of this Agreement are hereby approved by the
Authority. The Consultant may, with prior written approval of the Authority, engage
additional Sub-Consultants or substitute an existing Sub-Consultant. The hiring of
Personnel by the Sub-Consultants shall be subject to the same conditions as applicable to
Personnel of the Consultant under this Clause 4.

5. OBLIGATIONS OF THE AUTHORITY

5.1 Providing information and assistance in clearances etc.

Unless otherwise specified in the Agreement, the Authority shall not be responsible to
get any sort of permissions or sanction for the Consultant and the Consultant alone shall
be responsible to obtain all such permissions and sanctioned. However, if so requested
and felt proper by the Authority, it may:-
a) provide the Consultant such permissions and documents as may be in its power
and/or possession. However, non providing the same shall not convey any benefit to
the Consultant. ;
b) Designate ‘WG” (Working Group) with representatives, authorized to act on its
behalf with respect to the project. This designated team shall interact with consultant
on all matters.
c) Provide assistance to the extent possible to consultant for obtaining NOC/statutory
Approvals/ writing letters/attending meeting with statutory authority alon g with
consultant etc.
d) Issue to officials, agents and representatives of the Government all such requests as
may be necessary or appropriate for the prompt and effective implementation of the
Services.
e) Pay the statutory fee required for seeking approval from various statutory
Authorities.
f) Arrange for a Total station Survey , showing boundaries, contours at suitable
intervals, existing physical features including any existing roads, paths, trees,
existing structures, existing service and utility lines and su ch lines to which the
proposed service can be connected.
g) Sharing of GIS data between the teams for mapping purposes
h) Furnish reports on soil conditions and soil test as required by the Consultant.
It is, however, made clear that if the Consultant require any of the aforesaid acts to
be performed by the DDA, it shall serve upon the DDA a notice in writing well in
advance, and it shall always be lawful for the DDA to take reasonable time to
consider any said request and thereafter to act as per the requirements.
73 | P a g e
 Schedule-2: Form of Agreement

5.2 Access to land and property

Site for the work is on ‘As Is Where Is Basis’. , There shall be no restrain from DDA in
accessing the Site and the same shall always be free of charge. If the Consultant has to
face any genuine hindrance in accessing the Site, Authority may in its sole discretion
extend the time but no damages or loss of profit or any extra amount shall be paid on that
account.

5.3 Change in Applicable Law

If, after the date of this Agreement, there is any change in the Applicable Laws with
respect to taxes and duties which increases or decreases the cost or reimbursable
expenses incurred by the Consultant in performing the Services, by an amount exceeding
2% (two per cent) of the Agreement Value specified in Clause 6.1.2, , then the
remuneration and reimbursable expenses otherwise payable to the Consultant under this
Agreement shall be increased or decreased accordingly by agreement between the Parties
hereto, and corresponding adjustments shall be made to the aforesaid Agreement Value.

5.4 Payment

In consideration of the Services performed by the Consultant under this Agreement, the
Authority shall make to the Consultant such payments and in such manner as is provided
in Clause 6 of this Agreement.

6. PAYMENT TO THE CONSULTANT

6.1 Cost estimates and Agreement Value

6.1.1 An abstract of the cost of Services payable to the Consultant is set forth in Annexure -3
of the agreement.

6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1.3, the
payments for the professional fees under this Agreement shall not exceed the agreement
value specified herein (the “Agreement Value”). The Parties agree that the Agreement
Value is Rs. ………. (Rupees. …………………….).

6.3 Mode of billing and payment

Billing and payments in respect of the Services shall be made as follows:-

a) The Consultant shall be paid for its services as per the Payment Schedule at
Annex-6 of this Agreement, subject to the Consultant fulfilling the f ollowing
conditions:
i. No payment shall be due for the next stage till the Consultant completes,
to the satisfaction of the Authority, the work pertaining to the preceding
stage.
ii. The Authority shall pay to the Consultant, only the undisputed amount.

b) The Authority shall cause the payment due to the Consultant to be made within
30 (thirty) days after the receipt by the Authority of duly completed bills with
necessary particulars (the “Due Date”).

c) The final payment under this Clause shall be made within 6 (six) months of the
satisfactory completion of the entire work and after receipt of the final report and
a final statement, identified as such, shall have been submitted by the Consultant
74 | P a g e
 Schedule-2: Form of Agreement

and approved as satisfactory by theAuthority. The work shall be deemed

completed and accepted finally by the Authority and the final deliverable shall
be deemed days after receipt of the final deliverable by the Authority unless the
Authority, within such 90 (ninety) day period, gives written notice to the
Consultant, the deficiencies in the work. The Consultant shall there upon
promptly make all necessary corrections and/or additions, and upon completion
of such corrections or additions, the foregoing process shall be repeated. The
Authority shall make the final payment upon acceptance or deemed acceptance
of the final deliverable by the Authority.

Any amount which the Authority has paid or caused to be paid in excess of the
amounts actually payable in accordance with the provisions of this Agreement
shall be reimbursed by the Consultant to the Authority within 30 (thirty) days
after receipt by the Consultant of notice thereof. Any such claim by the
Authority for reimbursement must be made within 1 (one) year after receipt by
the Authority of a final report in accordance with Clause 6.3 (d).
d) All payments under this Agreement shall be made to the acco unt of the
Consultant as may be notified to the Authority by the Consultant

7 LIQUIDATED DAMAGES AND PENALTIES

7.1 Performance Security

7.1.1 The Authority shall retain by way of performance security (the “ Performance
Security”), 5% (five per cent) of all the amounts due and payable to the Consultant, to
be appropriated against breach of this Agreement or for recovery of liquidated dama ges
as specified in Clause 7.2. The balance remaining out of the Performance Security shall
be returned to the Consultant at the end of 3 (three) months after the expiry of this
Agreement pursuant to Clause 2.4 hereof. For the avoidance of doubt, the parties hereto
expressly agree that in addition to appropriation of the amounts withheld hereunder, in
the event of any default requiring the appropriation of further amounts comprising the
Performance Security, the Authority may make deductions from any subsequent
payments due and payable to the Consultant hereunder, as if it is appropriating the
Performance Security in accordance with the provisions of this Agreement.

7.1.2 The Consultant may, in lieu of retention of the amounts as referred to in Clause 7.1.1
above, furnish a Bank Guarantee substantially in the form specified at Annex -7 of this
Agreement.

7.1.3 The performance security shall always be interest free and shall be maintained by the
Consultant at its own expenses.

7.2 Liquidated Damages

7.2.1 Liquidated Damages for error/variation/delay

In case any error or variation is detected in the reports submitted by the Consultant and
such error or variation is the result of negligence or lack of due diligence on the part of
the Consultant, the consequential damages thereof shall be quantified by the Authority in
a reasonable manner and recovered from the Consultant by way of deemed liquidated
damages, subject to a maximum of 50% (fifty per cent) of the Agreement Value.

7.2.2 Liquidated Damages for delay

In case of delay in completion of Services, liquidated damages not exceeding an amount

75 | P a g e
 Schedule-2: Form of Agreement

equal to 0.2% (zero point two per cent) of the Agreement Value per week, subject to a
maximum of 10% (ten per cent) of the Agreement Value will be imposed and shall be
recovered by appropriation from the Performance Security or otherwise. However, in
case of delay due to reasons beyond the control of the Consultant, suitable extension of
time shall be granted.

7.2.3 Encashment and appropriation of Performance Security

The Authority shall have the right to invoke and appropriate the proceeds of the
Performance Security, in whole or in part, without notice to the Consultant in the event
of breach of this Agreement or for recovery of liquidated damages specified in this
Clause 7.2.

7.3 Penalty for deficiency in Services

In addition to the liquidated damages not amounting to penalty, as specified in Clause

7.2, warning may be issued to the Consultant for minor deficiencies on its part. In the
case of significant deficiencies in Services causing adverse effect on the Project or on the
reputation of the Authority, other penal action including debarring for a specified period
may also be initiated as per policy of the Authority.

8. FAIRNESS AND GOOD FAITH

8.1 Good Faith

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.

8.2 Operation of the Agreement

The Parties recognize that it is impractical in this Agreement to provide for eve ry
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 failure to agree on any action pursuant to this Clause shall
not give rise to a dispute subject to arbitration in accordance with Clause 9
hereof.

9. SETTLEMENT OF DISPUTES

9.1 Amicable settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Agreement or the interpretation thereof.

9.2 Dispute resolution

If any dispute arises between the Parties hereto whether during the subsistence /
execution of the work or after the completion thereof or at any time thereafter, in
connection with the work executed/performed by the Consultant under this RFP, or
regarding any question, whatsoever, relating to or incidental to any of the clauses of this
RFP/Agreement executed between the parties shall be decided through the process of

76 | P a g e
 Schedule-2: Form of Agreement

Arbitration of the sole Arbitrator to be appointed by the Vice -Chairman, D.D.A. The
Arbitrator so appointed by the Vice-Chairman, D.D.A. shall be a technical person having
the knowledge and experience of the trade. Seat and place of the Arbitrator shall be
Delhi/New Delhi and the Courts at Delhi shall alone have the exclusive jurisdiction.

It is also a term of this contract that the arbitration clause can be invoked only within 120
days of the date when D.D.A. sends an intimation to the Consultant that final bill is ready
for payment and, thereafter, Consultant shall deemed to have waived its right to invoke
the arbitration clause and to request for appointment of Arbitrator.

It is also an admitted clause of the Agreement that the Arbitrator shall neither be
authorized to consider nor take into consideration nor decide any such dispute, claim, bill
(running or final) or amount for payment which has not been raised & submitted by the
Consultant before the Principal Commissioner by serving a notice in writing of 30 days.
The arbitration clause shall be invoked only after the said period of 30 days has lapsed.
Mere referring of any dispute or claim to the Arbitrator shall not be consider as a waiver
of this clause and D.D.A. shall always be authorized to take any such objections even
before the Arbitrator.

The party invoking the arbitration clause, shall alongwith the notice of invocation of
arbitration clause, submit a list of all the dispute(s) with exact claims and the amount
claimed under all the disputes and only the said disputes shall be referred to the
Arbitrator. The Arbitrator shall not be authorized to entertain nor shall decide any such
dispute, claim or amount which has not been raised/mentioned in the said list. However,
he may entertain any counter-claims, raised by the opposite party.

Any decision or procedure finalized under the terms of this RFP/Agreement shall be final
& binding and shall be beyond the jurisdiction of the Arbitrator.

The Arbitration proceedings shall be governed as per the provisions of Arbitration and
Conciliation Act 1996 (as amended upto date).

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

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

Consultant: Authority

(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the
presence of:
1. 2.

77 | P a g e
 Schedule-2: Form of Agreement

Annex-1

Terms of Reference

(Reproduce Schedule-1 of RFP)

78 | P a g e
 Schedule-2: Form of Agreement

Annex-2

Deployment of Personnel

(Refer Clause 4.2)

(Reproduce Schedule 2 of RFP)

79 | P a g e
 Schedule-2: Form of Agreement

Annex-3

Approved Sub-Consultant(s)

(Refer Clause 4.6)

(Reproduce as per Form-12 of Appendix-I)

80 | P a g e
 Schedule-2: Form of Agreement

Annex-4

Cost of Services

(Refer Clause 6.1)

(Reproduce as per Form-2 of Appendix-II)

81 | P a g e
 Schedule-2: Form of Agreement

Annex-5

Payment Schedule

INDICATIVE TIME AND PAYMENT SCHEDULE

Stage Payment Time Span

Date of Agreement Y Consultancy X
fee
Stage 1 Submission of Concept X+2 weeks
Acceptance of stage 1 10% of Y
deliverables
Stage 2. Schematic drawings and X+(2+3 )weeks
pre-tender stage
document
Acceptance of stage 2 30% of Y
deliverables
Stage 3. detailed drawings and X+(2+3+4) weeks
tender documents
Acceptance of stage 3 30% of Y
deliverables
Stage 4. construction X+(2+3+4+6) weeks
Acceptance of stage 4 25% of Y
deliverables
Completion of the Project 5% of Y Actual

• The above does not include the time taken for granting approvals by DDAor any
other statutory body if required. No compensation will be given to the
consultant if the project gets extended due to acceptance of reports except as
agreed by theAuthority.
• Time of approximately two to three weeks shall be taken by the department to
grant approvals for each deliverable.
• The Consultant shall whenever require to make presentations before competent
authorities from time to time for securing approval fromDDA.
• The cost of these presentations is deemed to have been included in the fee
quoted by theconsultants.
• The overall contract with the consultant shall be for 60 months after signing of
the contract. The period involves the implementation of accepted design
proposals and reports on the ground and submission of alldeliverables.
• The consultant is required to submit up to five hard copies of
proposal/drawings/report along with a soft copy of eachstage.

82 | P a g e
 Schedule-2: Form of Agreement

Annex- 6

Bank Guarantee for Performance Security

(Refer Clause 7.1.2)

To

The Executive Engineer

Rohini Project Division No. 12

Delhi Development Authority

In consideration of Executive Engineer, Rohini Project Division No. 12 acting on

behalf of Delhi Development Authority (hereinafter referred as the “Authority”, which
expression shall, unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) awarding to ……………….., having its office at ………………..
(hereinafter referred as the “Consultant” which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns),
vide the Authority’s Agreement no. ………………. dated ……………….. valued at Rs.
……………….. (Rupees ………………..), (hereinafter referred to as the “Agreement”) the
assignment for consultancy services in respect of the …………………. Project, and the
Consultant having agreed to furnish a Bank Guarantee amounting to Rs. ………………..
(Rupees ………………..) to the Authority for performance of the said Agreement.

We, ……………….. (hereinafter referred to as the “Bank”) at the request of the

Consultant do hereby undertake to pay to the Authority an amount not exceeding Rs.
………………… (Rupees …………………. )against any loss or damage caused to or
suffered or is expected to be caused or suffered or would be caused to or suffered by the
Authority by reason of Consultant’s any act, omission or commission, or because of
Consultant having committedbreach of any of the terms or conditions contained in the said
Agreement.

2. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay the
amounts due and payable under this Guarantee without any demur, merely on a demand from
the Authority stating that the amount claimed is due from the Consultant. Any such demand
made on the bank shall be conclusive as regards the amount due and payable by the Bank
under this Guarantee. However, our liability under this Guarantee shall be restricted to an
amount not exceeding Rs. ……………….. (Rupees …………………..).

3. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay to
the Authority 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, our
liability under this present being absolute and unequivocal. The payment so made by us under
this bond shall be a valid discharge of our liability for payment there under and the Consultant
shall have no claim against us for making such payment.

4. We, ……………….. (indicate the name of Bank) further agree that the Guarantee
herein contained shall remain in full force and effect during the period that would be required
for the performance of the said Agreement and that it shall continue to be enforceable till all
the dues of the Authority under or by virtue of the said Agreement have been f ully paid and
its claims satisfied or discharged or till the Authority 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.
83 | P a g e
 Schedule-2: Form of Agreement

5. We, ………………… (indicate the name of Bank) further agree with the Authority
that the Authority shall have the fullest liberty without our consent and without affectin g in
any manner our obligations 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 Authority
against the said Consultant and to forbear or enforce any of the terms and conditions relating
to the said Agreement and we shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said Consultant or for any f orbearance, act or
omission on the part of the Authority or any indulgence by the Authority 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 us.

6. This Guarantee will not be discharged due to the change in the constitution of the
Bank or the Consultant(s).

7. We, ……………….. (indicate the name of Bank) lastly undertake not to revoke this
Guarantee during its currency except with the previous consent of the Authority in writing.

8. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. ..........crore (Rupees ........................................... crore) only. The Bank shall
be liable to pay the said amount or any part thereof only if the Authority serves a written
claim on the Bank in accordance with Paragraph 2 hereof, on or before [.......... (indicate the
date falling 365 days after the date of this Guarantee)].

For ..............................................................

Name of Bank:

Seal of the Bank:

Dated, the ...........................day of ................., 20......

(Signature, name and designation of the authorised signatory)

NOTES:
(i) The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Guarantee.
(ii) The address, telephone no. and other details of the Head Office of the Bank as well as
of issuing Branch should be mentioned on the covering letter of issuing Branch.

84 | P a g e
 Schedule-2: Form of Agreement

Annex- 7

Integrity Pact

To

………………………..

………………………..

………………………...

Sub: RFP No……………………………..for the work………………………..

Dear Sir,

It is here by declared that DDA is committed to follow the principle of transparency, equity
and competitiveness in public procurement.

The subject Request for Proposal (RFP) is an invitation to offer made on the condition that
the Bidder will sign the integrity Agreement, which is an integral part of tender/bid
documents, failing which the tenderer/bidder will stand disqualified from the tendering
process and the bid of the bidder would be summarily rejected.

This declaration shall form part and parcel of the Integrity Agreement and signing of the same
shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the D.D.A.

Yours faithfully

Executive Engineer

85 | P a g e
 Schedule-2: Form of Agreement

INTEGRITY PACT

To

Executive Engineer

…………………….

…………………….

Sub: Submission of Bid for the work of …………………...............................

Dear Sir,

I/We acknowledge that D.D.A. is committed to follow the principles thereof as enumerated in
the Integrity Agreement enclosed with the tender/bid document.

I/We agree that the Request for Proposal (RFP) is an invitation to offer made on the condition
that I/We will sign the enclosed integrity Agreement, which is an integral part of bid
documents, failing which I/We will stand disqualified from the tendering process. I/We
acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN
UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the RFP.

I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and
further agree that execution of the said Integrity Agreement shall be separate and distinct from
the main contact, which will come into existence when tender/bid is finally accepted by
D.D.A. I/We acknowledge and accept the duration of the Integrity Agreement, which shall be
in the line with Article 1 of the enclosed Integrity Agreement.

I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, D.D.A. shall have unqualified, absolute and
unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with
terms and conditions of the tender/bid.

Yours faithfully

(Duly authorized signatory of the Bidder)

86 | P a g e
 Schedule-2: Form of Agreement

INTEGRITY PACT

To be signed by the bidder and same signatory competent/authorized to sign the

relevant contract on behalf of D.D.A.

INTEGRITY AGREEMENT

This Integrity Agreement is made on……………on this………day of………20……..

BETWEEN

Delhi Development Authority represented through Executive Engineer……...................

(Name of Division)

D.D.A. ………………………………………….. (Hereinafter referred as the

(Address of Division)

‘Principal/Owner”, which expression shall unless repugnant to the meaning or context

hereof include its successors and permitted assigns)

AND

………………………………………………………………………………

(Name and Address of the Individual/firm/Company)

Through…………………………………………(Hereinafter referred to as the

“Bidder/Contractor” and which expression shall unless repugnant to the meaning or context
hereof in clued its successors and permitted assigns)

Preamble

WHEREAS the Principal/Owner has floated the Bid (RFP No……………..)(hereinafter

referred to as “Tender/Bid”) and intends to award, under laid down organizational procedure,
contract for……………………………………………………………………………………

(Name of work)

Hereinafter referred to as the “Contract”.

AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the
land, rules, regulations, economic use of resources and of fairness/transparency in its relation
with its Bidder(s) and Contractor(s).

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement(hereinafter referred to as “Integrity Pact” or “Pact”),the terms and
conditions of which shall also be read as integral part and parcel of the Tender/Bid documents
and Contact between the parties.

NOW, THERFORE, in consideration of mutual covenants contained in this Pact, the parties
hereby agree as follows and this Pact witnesses as under:

87 | P a g e
 Schedule-2: Form of Agreement

Article 1: Commitment of the Principal/Owner

1) The Principal/Owner commits itself to take all measures necessary to prevent

corruption and to observe the following principles:

a) No employee of the Principal/Owner, personally or through any of his/her family

members, will in connection with the Tender, or the execution of the Contract,
Demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.

b) The Principal/Owner will, during the Tender Process, treat all Bidder(s) with equity
and reason. The Principal/Owner will, in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/additional information through which the Bidder(s) could
obtain an advantage in relation to the Tender Process or the Contract Execution.

c) The Principal/owner shall endeavour to exclude from the Tender Process any person,
whose conduct in the past has been biased nature.

2) If the Principal/Owner obtain information on the conduct of any of its employees

which is a criminal offence under the Indian Penal Code (IPC)/Prevention of
Corruption Act, 1988(PC Act) or is in violation of the principles herein mentioned or
if there be a substantive suspicion in this regard, the Principal/Owner will inf orm the
Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its
internal laid down policies and procedures.

Article 2: Commitment of the Bidder(s)/Contractor(s)

1) It is required that each Bidder/Contractor(including their respective officers, employees

and agents) adhere to the highest ethical standards, and report to the
Government/Department all suspected acts of fraud or Corruption or Coercion or
Collusion of which it has knowledge or becomes aware, during the tendering process
and throughout the negotiation or award of a contract.

2) The Bidder(s) Contractor (S) commits himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participation in the Tender process and during the Contract execution.

a) The Bidder(s)/Contractor(s) will not, directly or through any other person or

firm, offer, promise or give to any of the Principal/Owner’s employees
involved in the Tender Process or execution of the Contact or to any third
person any material or other benefit which he/she is not legally entitled to, in
order obtain in exchange any advantage of any kind whatsoever during the
Tender process or during the execution of the Contract.

b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any
undisclosed agreement or understanding, whether formal or informal. This

88 | P a g e
 Schedule-2: Form of Agreement

applies in particular to prices, specifications, certifications, subsidiary

contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to cartelize in the bidding process.

c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant
IPC/PC Act. Further the Bidder(s)/Contract(s) will not use improperly,(for the
purpose of competition or personal gain), or pass on to others, any information
or documents provided by the Principal/Owner as part of the business
relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically.

d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and

addresses of agents/representatives in India, if any. Similarly,
Bidders(s)/Contractor(s) of Indian Nationality shall disclose names and
addresses of foreign agents/representatives, if any. Either the Indian agent on
behalf of the foreign principal or the foreign principal directly could bid in a
tender but not both. Further, in cases where an agent participate in a tender on
behalf of one manufacturer, he shall not be allowed to quote on behalf of
another manufacturer along with the first manufacturer in a
subsequent/parallel tender for the same item.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers
or any other intermediaries in connection with the award of the Contract.
3) The Bidders Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
4) The Bidder (s) /Contractor(s) will not, directly or through any other person or f irm
indulge in fraudulent practice means a willful misrepresentation or omission of
facts or submission of fake/forged documents in order to induce public official to
act in reliance thereof, with the purpose of obtaining unjust advantage by or
causing damage to justified interest of others and/or to influence the
procurement process to the detriment of the Government interests.
5) The Bidder(s) /Contractor(s) will not, directly or through any other person or f irm
use Coercive Practices (means the act of obtaining something, compelling an action
or influencing a decision through intimidation, threat or the use of force directly or
indirectly, where potential or actual injury may be fall upon a person. his/her
reputation or property to influence their participation in the tendering process).
Article 3: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under
law or the Contract or its established policies and laid down procedures, the Principal/
Owner shall have the following rights in case of breach of this Integrity Pact by the
Bidder(s)/ Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect
and uphold the Principal/ Owner’s absolute right:

1) If the Bidder(s) / Contractor(s), either before award or during execution of

Contract has committed a transgression through a violation of Article 2 above
or in any other form, such as to put his reliability or credibility in question,
the Principal/ Owner after giving 14 days notice to the contractor shall have
powers to disqualify the Bidder(s)/ Contractor(s) from the Tender process or
terminate/ determine the Contract, if already executed or exclude the Bidder/
Contractor from future contract award processes. The imposition and
89 | P a g e
 Schedule-2: Form of Agreement

duration of the exclusion will be determined by the severity of transgression

and determined by the Principal/ Owner. Such exclusion may be forever or
for a limited period as decided by the Principal/ Owner.

2) Forfeiture of EMD / Performance Guarantee/ Security Deposit: If the

Principal/ Owner has disqualified the Bidder(s) from the Tender process prior
to the award of the Contract or terminated/ determined the Contract or has
accrued the right to terminate /determine the Contract according to Article
3(1), the Principal/Owner apart from exercising any legal rights that may
have accrued to the Principal / Owner, may in its considered opinion forfeit
the entire amount of Earnest Money Deposit, Perf ormance Guarantee and
Security Deposit of the Bidder/ Contractor.

3) Criminal Liability: If the Principal / Owner obtains knowledge of conduct

of a Bidder or Contractor, or of an employee or a representative or an
associate of a Bidder or Contractor which constitutes corruption within the
meaning of IPC Act, or if the Principal/ Owner has substantive suspicion in
this regard, the Principal/Owner will inform the same to law enforcing
agencies for further investigation.

Article 4: Previous Transgression:

1) The Bidder declares that no previous transgressions occurred in the last 5

years with any other Company in any country confirming to the
anticorruption approach or with Central Government or State Government or
any other Central/ State Public Sector Enterprises in India that could justify
his exclusion form the Tender Process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified

from the Tender Process or action can be taken for banning of business
dealings/holiday listing of the Bidder/Contractor as deemed fit by the
Principal/Owner.

3) If the Bidder/Contractor can prove that he has resorted/recouped the damage

caused by him and has installed a suitable corruption prevention system, the
Principal/Owner may, in its own discretion, revoke the exclusion
prematurely.

Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors.

1 The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this integrity Pact .The Bidder/Contractor
shall be responsible for any violation(s) of the principle laid down in this
agreement/Pact by any of its Sub-contractor/sub-vendors.

2 The Principal/Owner will enter into Pacts on identical terms as this one with
all Bidders and Contractors.

90 | P a g e
 Schedule-2: Form of Agreement

3 The Principal/Owner will disqualify Bidders, who do not submit, the duly
signed Pact between the Principal/Owner and the bidder, along with the
Tender or violate its provisions at any stage of the Tender process, f rom the
Tender process.

Article-6 - Duration of the Pact.

This Pact begins when both the parties have legally signed it. It expires f or
the Contactor/Vendor 12 months after the completion of work under the
contract or till the continuation of defect liability period whichever is more
and for all other bidders, till the Contract has been awarded.

If any claim is made/lodged during the time, the same shall be b inding and
continue to be valid despite the lapse of this Pacts as specified above, unless
it is discharged/ determined by the Competent Authority, DDA.

Article 7- Other Provisions

1) This Pact is subject to Indian Law, place of performance and jurisdiction is the
Head Quarters of the Division of the Principal/ Owner, who has floated the
tender.

2) Changes and supplements need to be made in writing. Side agreements have not
been made.

3) It the Contractor is a partnership or a consortium, this Pact must be signed by all

the partners or by one or more partner holding power of attorney signed by all
partners and consortium members. In case of a Company, the Pact must be signed
by a representative duly authorized by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid; the remainder
of this Pact remains valid. In this case, the parties will strive to come to an
agreement to their original intensions.

5) It is agreed term and condition that any dispute or difference arising between the
parties with regard to the terms of this Integrity Agreement/Pact, any action taken
by the Owner/Principal in accordance with this Integrity Agreement/ Pact or
Interpretation thereof shall not be subject to arbitration.

Article 8- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other
legal rights and remedies belonging to such parties under the Contract and/or law
and the same shall be deemed to be cumulative and not alternative to such legal
rights and remedies aforesaid. For the sake of brevity, both the Parties agree that
this Integrity Pact will have precedence over the Tender/ Contact documents with
regard any of the provision covered under this Integrity Pact.

91 | P a g e
 Schedule-2: Form of Agreement

IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact
at the place and date first above mentioned in the presence of following witnesses:

……………………………………………….

(For and on behalf of Principal/Owner)

……………………………………………….

(For and on behalf of Bidder/Contractor)

WITNESSESS:

1. ………………………………….

(signature, name and address)

2. …………………………………..

(signature, name and address)

92 | P a g e
 SCHEDULE-3

(See Clause 2.4.3)

Guidance Note on Conflict of Interest

1. This Note further explains and illustrates the provisions of Clause 2.4 of the RFP and
shall be read together therewith in dealing with specific cases.

2. Consultants should be deemed to be in a conflict of interest situation if it can be

reasonably concluded that their position in a business or their personal interest could
improperly influence their judgment in the exercise of their duties. The process for
selection of consultants should avoid both actual and perceived conflict of interest.

3. Conflict of interest may arise between the Authority and a consultant or between
consultants and present or future concessionaries/ contractors. Some of the situations
that would involve conflict of interest are identified below:

(a) Authority and consultants:

(i) Potential consultant should not be privy to information from the

Authority which is not available to others;

(ii) Potential consultant should not have defined the project when earlier
working for the Authority;

(iii) Potential consultant should not have recently worked for the
Authority overseeing the project.

(b) Consultants and Contractors/contractors:

(i) No consultant should have an ownership interest or a continuing

business interest or an on-going relationship with a potential
Contractor/ contractor save and except relationships restricted to
project-specific and short-term assignments; or

(ii) No consultant should be involved in owning or operating entities

resulting from the project; or

(iii) No consultant should bid for works arising from the project.

The participation of companies that may be involved as investors or consumers and

officials of the Authority who have current or recent connections to the companies
involved, therefore, needs to be avoided.

4. The normal way to identify conflicts of interest is through self-declaration by

consultants. Where a conflict exists, which has not been declared, competing
companies are likely to bring this to the notice of the Authority. All conflicts must be
declared as and when the consultants become aware of them.

5. Another approach towards avoiding a conflict of interest is through the use of

“Chinese walls” to avoid the flow of commercially sensitive information from one
part of the consultant’s company to another. This could help overcome the problem of
availability of limited numbers of experts for the project. However, in reality effective
operation of “Chinese walls” may be a difficult proposition. As a general rule, larger
92 | P a g e
 companies will be more capable of adopting Chinese walls approach than smaller
companies. Although, “Chinese walls” have been relatively common for many years,
they are an increasingly discredited means of avoiding conflicts of interest and should
be considered with caution. As a rule, “Chinese walls” should be considered as
unacceptable and may be accepted only in exceptional cases upon full disclosure by a
consultant coupled with provision of safeguards to the satisfaction of the Authority.

6. Another way to avoid conflicts of interest is through the appropriate grouping of

tasks. For example, conflicts may arise if consultants drawing up the terms of
reference or the proposed documentation are also eligible for the consequent
assignment or project.

7. Another form of conflict of interest called “scope–creep” arises when consultants

advocate either an unnecessary broadening of the terms of reference or make
recommendations which are not in the best interests of the Authority but which will
generate further work for the consultants. Some forms of contractual arrangements
are more likely to lead to scope-creep. For example, lump-sum contracts provide
fewer incentives for this, while time and material contracts provide built in incentives
for consultants to extend the length of their assignment.

8. Every project contains potential conflicts of interest. Consultants should not only avoid
any conflict of interest, they should report any present/ potential conflict of interest to
the Authority at the earliest. Officials of the Authority involved in development of a
project shall be responsible for identifying and resolving any conflicts of interest. It
should be ensured that safeguards are in place to preserve fair and open competition
and measures should be taken to eliminate any conflict of interest arising at any stage
in the process.

93 | P a g e
APPEND ICE S

96 | P a g e
 APPENDIX-I
Form-1
(See Clause 2.1.3)

Letter of Proposal

(On Applicant’s letter head)

(Date and Reference)

To,

........................
......................
Sub: Appointment a Landscape Design Consultant for Selection of Landscape Design Consultant
for DDA Heritage Park (a) Burari: Green Area near Coronation Pillar (b) Nehru Place: Grand
Relic Stupa at Aastha Kunj, Kalkaji.

Dear Sir,

1. With reference to your RFP Document dated ………….., I/we, having examined all relevant
documents and understood their contents, hereby submit our Proposal for selection of
Landscape Design Consultant Selection of Landscape Design Consultant for DDA Heritage
Park (a) Burari: Green Area near Coronation Pillar (b) Nehru Place: Grand Relic Stupa at
Aastha Kunj, Kalkaji” The proposal is unconditional and unqualified.
2. All information provided in the Proposal and in the Appendices is true and correct and all
documents accompanying such Proposal are true copies of their respective originals.
3. This statement is made for the express purpose of appointment as the Consu ltant for the
aforesaid Project.
4. I/We shall make available to the Authority any additional information it may deem necessary or
require for supplementing or authenticating the Proposal.
5. I/We acknowledge the right of the Authority to reject our application without assigning any
reason or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
6. I/We certify that in the last three years, we or any of our Associates have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant, nor been
expelled from any project or contract by any public authority nor have had any contract
terminated by any public authority for breach on our part.
7. I/We declare that:
(a) I/We have thoroughly examined the RFP alongwith all its annexures, terms &
conditions of the Agreementand have no reservations to the RFP Documents,
including any Addendum issued by the Authority;
(b) I/We have visited the Site and found the same to be workable

97 | P a g e
 ( c) I/We have completely and properly done the due-diligence required for satisfactory
completion of the work and are satisfied that work can be completed by us & on our
own within the stipulated period and even without any assistance of the DDA.
(d) I/We do not require any additional information from the Authority and before submitting
the proposal have completely assessed the RFP, requirements of the work and the ways of
executing the work in all respects.
(e) I/We submit that the work shall be done by us at our own risk & cost.
I/We have submitted the bid on our own and without any sort of force, allurement,
inducement or pressure from any person or Authority.
(g) I/We do not have any Conflict of Interest in accordance with Clause 2.4 of the RFP
Document; (h)I/We have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document, in respect
of any tender or request for proposal issued by or any agreement entered into with the
Authority or any other public sector enterprise or any government, Central or State; and
(i) I/We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 4 of the RFP, no person acting for us or on our behalf will engage in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice.
8. I/We understand that you may cancel the Selection Process at any time and that you are
neither bound to accept any Proposal that you may receive nor to select the Consultant,
without incurring any liability to the Applicants in accordance with Clause 2.9 of the RFP
document.
9. I/We declare that we/any member of the consortium, are/is not a Member of a/any other
Consortium applying for Selection as a Consultant.
10. I/We certify that in regard to matters other than security and integrity of the country, we or
any of our Associates have not been convicted by a Court of Law or indicted or adverse
orders passed by a regulatory authority which would cast a doubt on our ability to undertake
the Consultancy for the Project or which relates to a grave offence that outrages the moral
sense of the community.
11. I/We further certify that in regard to matters relating to security and integrity of the country,
we have not been charge-sheeted by any agency of the Government or convicted by a Court
of Law for any offence committed by us or by any of our Associates.
12. I/We further certify that no investigation by a regulatory authority is pending either against us
or against our Associates or against our CEO or any of our Directors/Managers/employees.

13. I/We hereby irrevocably waive any right or remedy which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Authority in
connection with the selection of Consultant or in connection with the Selection Process itself
in respect of the above mentioned Project.

14. The Bid Security of Rs. ................... (Rupees ........................................) in the form of a
Demand Draft is attached, in accordance with the RFP document.

15. I/We agree and understand that the proposal is subject to the provisions of the RFP document.
In no case, shall I/we have any claim or right of whatsoever nature if the Consultancy f or the
Project is not awarded to me/us or our proposal is not opened or rejected.

98 | P a g e
16. I/We agree to keep this offer valid for 90 (ninety) days from the Proposal Due Date specified
in the RFP.

17. A Power of Attorney in favor of the authorized signatory to sign and submit this Proposal and
documents is attached herewith in Form-4.

18. In the event of my/our firm/ consortium being selected as the Consultant, I/we agree to enter
into an Agreement in accordance with the form at Schedule–2 of the RFP.We agree not to
seek any changes in the aforesaid form and agree to abide by the same.

19. I/We have studied RFP and all other documents carefully and also surveyed the Project site.
We understand that except to the extent as expressly set forth in the Agreement, we shall have
no claim, right or title arising out of any documents or information provided to us by the
Authority or in respect of any matter arising out of or concerning or relating to the Selection
Process including the award of Consultancy.

20. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read
with the Financial Proposal shall constitute the Application which shall be binding on us.

21 I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In
witness thereof, I/we submit this Proposal under and in accordance with the terms of the RFP
Document.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

(Name and seal of the Applicant / Lead Member)

99 | P a g e
 APPENDIX-I
Form-2

Particulars of the Applicant

1.1 Title of Consultancy:

LANDSCAPE DESIGN CONSULTANT

1.2 Title of Project:

Landscape Design Consultant for Selection of Landscape Design Consultant f or DDA
Heritage Park (a) Burari:Green Area near Coronation Pillar(b) Nehru Place: Grand Relic
Stupa at AsthaKunj, Kalkaji.

1.3 State whether applying as Sole Firm or Lead Member of a consortium:

Sole Firm
or
Lead Member of a consortium

1.4 State the following:

Name of Company or Firm:
Legal status (e.g. incorporated private company, unincorporated business, partnership
etc.):
Country of incorporation:
Registered address:

Year of Incorporation:
Year of commencement of business:
Principal place of business:
Brief description of the Company including details of its main lines of business
Name, designation, address and phone numbers of authorised signatory of the Applicant:
Name:
Designation:
Company:
Address:
Phone No.:
E-mail address:

1.5 If the Applicant is Lead Member of a consortium, state the following for each of the other
Member Firms:

100 | P a g e
 (i) Name of Firm:
(ii) Legal Status and country of incorporation
(iii) Registered address and principal place of business.

1.6 For the Applicant, (in case of a consortium, for each Member), state the following
information:
(i) In case of non-Indian Firm, does the Firm have business presence in India?
Yes/No
If so, provide the office address(es) in India.
(ii) Has the Applicant or any of the Members in case of a consortium been penalized by
any organization for poor quality of work or breach of contract in the last five years?
Yes/No
(iii) Has the Applicant/ Member ever failed to complete any work awarded to it by any
public authority/ entity in last five years?
Yes/No
(iv) Has the Applicant or any member of the consortium been blacklisted by any
Government department/Public Sector Undertaking in the last five years?
Yes/No
(v) Has the Applicant or any of the Members, in case of a consortium, suffered
bankruptcy/insolvency in the last five years?
Yes/No
Note: If answer to any of the questions at (ii) to (v) is yes, the Applicant is not eligible
for this consultancy assignment.

1.7

Does the Applicant’s firm/company (or any member of the consortium) combine functions
as a consultant or adviser along with the functions as a contractor and/or a manufacturer?
Yes/No

If yes, does the Applicant (and other Member of the Applicant’s consortium) agree to limit
the Applicant’s role only to that of a consultant/ adviser to the Authority and to disqualify
themselves, their Associates/ affiliates, subsidiaries and/or parent organization
subsequently from work on this Project in any other capacity?
Yes/No

101 | P a g e
 Does the Applicant intend to borrow or hire temporarily, personnel from contractors,
manufacturers or suppliers for performance of the Consulting Services?
Yes/No
1.8
If yes, does the Applicant agree that it will only be acceptable as Consultant, if those
contractors, manufacturers and suppliers disqualify themselves from subsequent execution
of work on this Project (including tendering relating to any goods or services for any other
part of the Project) other than that of the Consultant?
Yes/No
If yes, have any undertakings been obtained (and annexed) from such contractors,
manufacturers, etc. that they agree to disqualify themselves from subsequent execution of
work on this Project and they agree to limit their role to that of consultant/ adviser for the
Authority only?
Yes/No

(Signature, name and designation of the authorised signatory)

For and on behalf of ………………..

102 | P a g e
 APPENDIX-I

Form-3

Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

Ref. Date:

To,

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

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

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

Dear Sir,

Sub: RFP for Consultant: ..................................Project

I/We hereby confirm that we, the Applicant (along with other members in case of consortium, the
constitution of which has been described in the Proposal), satisfy the terms and conditions laid down
in the RFP document.

I/We have agreed that ……………….. (insert Applicant’s name) will act as the Lead Member of our
consortium.

I/We have agreed that ……………….. (insert individual’s name) will act as our Authorized
Representative/ will act as the Authorized Representative of the consortium on our behalf and has
been duly authorized to submit our Proposal. Further, the authorized signatory is vested with requisite
powers to furnish such proposal and all other documents, information or communication and
authenticate the same.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

For and on behalf of ..............................................

103 | P a g e
 APPENDIX-I

Form-4

POWER OF ATTORNEY

Know all men by these presents, we, ......................................... (name of Firm and address of the
registered office) do hereby constitute, nominate, appoint and authorise Mr /
Ms........................................ son/daughter/wife 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 and selection as the Consultant for Preparation of Feasibility Report for the
........................................ Project, proposed to be developed by the .......................................... (the
“Authority”) 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 Authority, representing us in all matters before the Authority, signing
and execution of all contracts and undertakings consequent to acceptance of our proposal and
generally dealing with the Authority 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.

IN WITNESS WHEREOF WE, ................................THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ...................................... DAY OF
...................., 20.......

For ............................................
(Signature, name, designation and address)
Witnesses:
1.
2.
Notarised
Accepted
........................................
(Signature, name, designation and address of the Attorney)

Notes:

i. 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. The Power of Attorney should be executed on a non-judicial stamp paper
of Rs. 100 (hundred) and duly notarised by a notary public.

104 | P a g e
 ii. Wherever required, the Applicant should submit for verification the extract of the charter
documents and other documents such as a 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.

iii. 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, Applicants from countries that have signed the Hague
Legislation Convention 1961 need not get their Power of Attorney legalised by t he Indian
Embassy if it carries a conforming Apostille certificate.

105 | P a g e
 APPENDIX-I

Form-5

Financial Capacity of the Applicant

Refer Clause 2.3.2 (B)

S. No. Financial Year Annual Revenue

(Rs. in Crores)

2018-19
1.
2017-18
2.
2016-17
3.

Certificate from the Statutory Auditor$

This is to certify that .................... (name of the Applicant) has received the payments shown
above against the respective years on account of professional fees.

Name of the audit firm:

Seal of the audit firm

Date:

(Signature, name and designation of the authorized signatory)

$
In case the Applicant does not have a statutory auditor, it shall provide the certificate from its
chartered accountant that ordinarily audits the annual accounts of the Applicant.

Note: Please do not attach any printed Annual Financial Statement.

106 | P a g e
APPENDIX-I (Form-6)

107 | P a g e
 APPENDIX-I

Form-7

Abstract of Eligible Assignments of the Applicant $

(Refer Clause 3.1.6)

S.No Name of Project Name of Client Estimated capital Payment$$ of

cost of Project (in professional fees
Rs. crore) received by the
Applicant (in Rs.
crore)

(1)£ (2) (3) (4) (5)

$
The Applicant should provide details of only those projects that have been undertaken by it
under its own name.
$$
Exchange rate for conversion of US $ shall be as per Clause 1.8.1.
£
The names and chronology of Eligible Projects included here should conform to the project-wise

details submitted in Form-7 of Appendix-I.

Certificate from the Statutory Auditor$

This is to certify that the information contained in Column 5 above is correct as per the

accounts of the Applicant and/ or the clients.

Name of the audit firm:

108 | P a g e
Seal of the audit firm

Date:

(Signature, name and designation of the authorised signatory)

$
In case the Applicant does not have a statutory auditor, it shall provide the certificate from its

chartered accountant that ordinarily audits the annual accounts of the Applicant.

Note: The Applicant may attach separate sheets to provide brief particulars of other relevant experience

of the Applicant.

109 | P a g e
 APPENDIX-I

Form-8

Abstract of Eligible Assignments of Key Personnel $

(Refer Clause 3.1.6)

Name of Key Personnel: Designation:

S.No Name of Name of Estimated Name of Designation Date of Man
Project$ Client capital cost firm for of the Key completion days
of project which the Personnel on of the spent
(in Rs. cr./ Key the assignment
US$ Personnel assignment
million) worked

(1) (2) (3) (4) (5) (6) (7) (8)

1

$
Use separate Form for each Key Personnel.
$$
The names and chronology of projects included here should conform to the project-wise details
submitted in Form-11 of Appendix-I.
Note: The Applicant may attach separate sheets to provide brief particulars of other relevant experience
of the Key Personnel.

110 | P a g e
 APPENDIX-I

Form-9

Eligible Assignments of Applicant

(Refer Clause 3.1.6)
Notes:
1. Name of Applicant:

2. Name of the Project:

3. Length in km or other particulars

4. Description of services performed by the

Applicant Firm:

5. Name of client and Address:

(indicate whether public or private)

6. Name and telephone no. of client’s

representative:

7. Estimated capital cost of the Project (in Rs.

crore):

8. Paymentreceived by the Applicant (in Rs.

crore):

9. Start date of the services (month/ year):

10. Finish date of the services (month/ year):

11. Brief description of the Project:

It is certified that the aforesaid information is true and correct to the best of my knowledge and belief.

(Signature and name of Key Personnel)

Notes:
1. Use separate sheet for each Eligible Project.
2. The Applicant may attach separate sheets to provide brief particulars of other relevant
experience of the Applicant.
3. Exchange rate for conversion of US $ shall be as per Clause 1.8.1.

111 | P a g e
 APPENDIX-I

Form-10

Eligible Assignments of Key Personnel

(Refer Clause 3.1.6)

Name of Key Personnel:

1.
Designation of Key Personnel:
2.
Name of the Project:
3.
Length in km or other particulars
4.
Name of Consulting Firm where employed:
5.
Description of services performed by the Key
6.
Personnel (including designation):
Name of client and Address:
7.
(indicate whether public or private)
Name and telephone no. of client’s
8.
representative:
Estimated capital cost of the Project (in
9.
Rscrore or US$ million):
Start date of the services (month/ year):
10.

Finish date of the services (month/ year):

11.

Brief description of the Project:

12.
It is certified that the aforesaid information is true and correct to the best of my
knowledge and belief.

Signature and name of Key Personnel)

Notes:
1. Use separate sheet for each Eligible Project.
2. The Applicant may attach separate sheets to provide brief particulars of other relevant
experience of the Key Personnel.
3. Exchange rate for conversion of US $ shall be as per Clause 1.8.1.

112 | P a g e
 APPENDIX-I

Form-11

Curriculum Vitae (CV) of Key Personnel

1. Proposed Position:
2. Name of Personnel:
3. Date of Birth:
4. Nationality:
5. Educational Qualifications:
6. Employment Record:
(Starting with present position, list in reverse order every employment held.)
7. List of projects on which the Personnel has worked
Name of project Description of responsibilities

8. Details of the current assignment and the time duration for which services are required for the
current assignment.

Certification:
I am willing to work on the Project and I will be available for entire duration of the Project
assignment as required.
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes me, my qualifications and my experience.

(Signature and name of the Key Personnel)

Place.........................................

(Signature and name of the authorised signatory of the Applicant)

Notes:
i. Use separate form for each Key Personnel
ii. The names and chronology of assignments included here should conform to the project-wise
details submitted in Form-8 of Appendix-I.
iii. Each page of the CV shall be signed in ink and dated by both the Personnel concerned and by the
Authorised Representative of the Applicant firm along with the seal of the firm. Photocopies will
not be considered for evaluation.

113 | P a g e
 APPENDIX-I

Form-12

Proposal for Sub-Consultant(s)

1.Details of the Firm

Firm’s Name, Address and Telephone

Name and Telephone no of the Contact

Person
Fields of Expertise

No. of Years in business in the above

Fields

2. Service that are proposed to be sub

contracted

3.Person who will lead the Sub-Consultant

Name:
Designation:
Telephone no:
Email:

4. Details of Firm’s previous experience

Name of Work Name, address and Total value of Duration of Date of

telephone no of client Services Services Completion of
Performed Services
1.
2.
3.

(Signature and name of the authorised signatory)

Note:
• The Proposal for Sub-Consultant(s) shall be accompanied by the details specified in Form-11
of Appendix-I
• Use separate form for each Sub-Consultant

APPENDIX-I

114 | P a g e
 Form-13

Awards & Accreditations (if any), brochures, certificates, photos etc.

Signature- (Authorized representative)

Full Name

Firm’s Name

115 | P a g e
 APPENDIX-I

Form-14

Drawings Depicting Project Concept

116 | P a g e
 APPENDIX-I

Form-15

Affidavit – Corrections of CV’s and Experience

I, the undersigned, on behalf of _______________________ (name of the Consultant submitting the

proposal), do hereby certify that the details furnished in this proposal including CV of key personnel and
experience claimed by the firm/firms are true and correct to the best of my knowledge and belief.

Managing Director/Head of the

Firm/Authorized Representative of

the firm*

Address

*Lead Member in case of JV

117 | P a g e
 APPENDIX-2

Form-1

FINANCIAL PROPOSAL

Covering Letter

(On Applicant’s letter head)

(Date and Reference)

To,

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

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

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

Dear Sir,

Subject: Appointment of Consultant for Preparation of Feasibility Report for the ……………………..
Project

I/We, ................................. (Applicant’s name) herewith enclose the Financial Proposal for selection of
my/our firm as Consultant for above.

I/We agree that this offer shall remain valid for a period of 90 (ninety) days from the Proposal Due Date
or such further period as may be mutually agreed upon.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.

118 | P a g e
 APPENDIX-2

Form-2

FINANCIAL PROPOSAL

Price Proposal for Independent Lighting Design Consultancy

Sr. No Description Fees in Figures in Fees in Words in

Rupees Rupees

A Total lump sum fees for the Cost of Rs._____________ Rs._____________

Consultancy project as per Terms of ____________ Only ____________ Only
References

Note:

1. The financial evaluation shall be based on the above Financial Proposal. The total in Item -A
shall, therefore be the amount for purpose of evaluation.
2. The fees quoted above are inclusive of Good and service tax (GST), and other taxes, cess,
leveis, sub charges etc. at the time of bid submission as applicable on the quoted fee.
3. The fees quoted above are inclusive of all expenses likely to be incurred in carrying out the
assignment including procurement of any material, preparation of deliverables as detailed, site
visits, out of pocket expenses for traveling, accommodation, subsistence, transportation and
other miscellaneous expenses.
4. The breakup of cost under various heads of services is being furnished separately on the next
page as per the prescribed format.

Signature
Authorized Representative

119 | P a g e
 Annexure X

INFORMATION REGARDING
BURARI: GREEN AREA NEAR CORONATION PILLAR
1.0 PROJECT BACKGROUND
1. Coronation Park is a park located in Model Town on Shanti SwaroopTyagi Marg, near
Nirankari Sarovar. (Coordinates: 28°43′23″N 77°11′49″E)

2. The site area is 52.0 acres (approx.).

3. In 2009, as per orders of Hon'ble LG, INTACH was appointed as Consultants of the
project, who prepared the landscape proposal for the Coronation Park which was
approved by 279 th SC on 16/06/2009. Accordingly detailed drawings were prepared by
INTACH and work on site executed in accordance to drawings (photographs of
developed site enclosed).

4. The park is sometimes referred to as the Coronation Memorial; it was the venue of
the Delhi Durbar of 1877 when Queen Victoria was proclaimed the Empress of India.
Later it was used to mark the accession of King Edward VII in 1903, and f inally the
Durbar commemorating the coronation of King George V as Emperor of India in 1911.
Thus this site is the place wherein the British Monarchs proclaimed themselves as the
Emperors/Empress of India, in-essence declaring the “Indian State and its Residents” as
their “subjects”. This site was the very ridge area, wherein the great Indian rebellion of
1857 was brutally crushed by the British Empire.

5. The idea of development and glorification of the Site / Coronation pillar, or developing
it as a tourist circuit as if it could be a part of the Nations proud heritage, has received a
number of dissents in numerous articles in the paper and otherwise expressing the sense
of horror and terming it as a blatant celebration of the British Raj, an insult to blood of
our Martyrs, celebration of slavery etc.

6. The site and its issues require to be sensitively addressed in view of the above site
features / aspects.

120 | P a g e
121 | P a g e
122 | P a g e
123 | P a g e
124 | P a g e
125 | P a g e
INFORMATION REGARDING
NEHRU PLACE SITE: GRAND RELIC STUPA AT ASTHA KUNJ, KALKAJI.
1.0 PROJECT BACKGROUND
1.1 As per Master Plan of Delhi 2021, ‘Aastha Kunj is a District Park , and is spread
over an area of 68.3 hectare (155 Acres)
1.2 Site location:
• Aastha Kunj Park is surrounded by the busiest CBD Nehru Place, the three spiritual
landmarks Lotus Temple, Isckon Temple and Kalkaji Temple and residential areas of
East of Kailash and Kailash Colony . .
• The site is accessible from Lotus Temple road and Outer Ring road from Southern
side, LalalajpatRai Marg on the Western side , Iskon Temple and Raja Dhir Sen
Marg from Northern side and Captain Gaur Marg from the Eastern side.
• A small part of the site is separated by and approached from the Lotus Temple Road
and Outer Ring Road .
• Aastha Kunj is easily approachable via various networks, the distance from airport is
37km, from New Delhi Railway station is 13.5km and from ISBT is 19.2km.

1.3 Topography :
The site has several contours along with natural rock outcrops, this results in different
kinds of low lying areas and high viewpoints. The natural grading of the site makes the
park very interesting / appealing. There are significant areas in the park which have a
unique character because of rock outcrops and the site surroundings.
1.4 Existing Proposal :
AasthaKunj has been conceptualized as an urban landscape complementing the
surrounding interface of the busiest CBD Nehru Place. Spiritual and Ecological
Landscape aligning with the three spiritual landmarks Lotus Temple, Isckon Temple
and Kalkaji temple and responding to the needs of the residential areas of East of
Kailash and Kailash Colony .
• Topography: It has been developed in an integrated manner responding to the site
topography thus preserving the water catchment areas , utilizing the existing slopes
namely for the amphitheater .
• Entrance Plazas: Six pedestrian entrance plazas along with parking facilities had been
developed on different interfaces leading to their respective zones having a unique
developed and natural character.
• Urban Park :The interface towards the Nehru Place had been developed as an Urban
Park with, sitting plazas ,interactive water cascade and fountains , seat walls,
planters and tree groves along with a food court , the catchment areas had been
retained for water harvesting . This being the central core of the park lead to the other
active spaces of the park.
• Children’s Park: Children’s play area for toddlers and children, terrace gardens were
proposed on the west side, nearing the residential neighborhood and approachable by
pedestrian plaza on the west side.
• The Socio -Cultural Zone: The Open Air theatre is sitting on the existing slopes, with
a serene background of Isckon Temple was developed.

126 | P a g e
• Lotus Plaza was developed as a gesture to complement the Lotus Temple and to get
absorbed in the serenity and silence of the environs.
• Discourse Area The discourse area has been naturally segregated by the topography
of the site with its natural rock outcrops thus creating a serene and natural backdrop.
• The Ecological Corridor with a nature walk connecting the Urban Park, Lotus Plaza
and he area adjacent to Captain Gaur Marg culminates into an arboretum with a
wealth of flora emphasizes nature’s diversity, passive recreation, seasonal gardens
and herbal gardens, senior citizen areas, fitness zones and other related facilities for
the adjacent residential neighborhood of Kailash Colony .
• Festival Congregation Zone The area between Lotus Temple Road and Outer Ring
Road had been developed as terraces sitting on the existing topography for
encouraging and inviting the regular visitors within the park who visit the two
spiritual retreats the Bahai Temple and Kalakaji temple and also to serve as an open
space to capture the lively spirit during the festival time.
1.5 Development Control Norms(As Per MPD 2021),
Activities Permitted in District Park: Theme Park, Bio-diversity park, Recreational Club,
National Memorial, Open-air food court, Children Park, Orchard, Plant Nursery, Area for
water harvesting, Archeological Park, Specialized Park, Amusement Park, Children
Traffic Park, Sports activity, Playground, Amenity structures. As per Master Plan the
site is earmarked as “District Park”.
Norms under Master Plan 2021speaks of the following
Development controls for District Park:
FAR 7.5
Ground Coverage 5%
Max Ht 8m
Parking @3 ECS /100sqm
Restaurant
Area of the Plot: 0.8 Ha or 1% of The District park whichever is less
FAR: 5
Max height: 4m (single storied)
Note:

1) The development control norms for amusement parks shall be counted towards the
remunerative component.
2) 5 to 10% of the multipurpose ground will be under the use of rain water harvesting /
water body.
3) Restaurant
• Area of the restaurant plot shall not be more than 0.8 Ha
• The building shall be single storey with max FAR of 5 and height not more than
4m without any residential facility and to harmonize with the surroundings

127 | P a g e
128 | P a g e
129 | P a g e
 EXISITING INVENTORY

1. Total Area 155 acres

2. Lawn Area 25.0 hac
3. Path & Parking 2.862 hac
4. Lake Area 1.01 hac
5. Block plantation 16.18 hac
6. Children’s park 0.42 hac
7. Recreational facilities 0.08 hac
8. Entrance Plaza’s 0.62 hac

Amenities
• Kiosks
• Picnic Hut
• Restaurant
• Nursery/Seed Bed
• Light Poles
• Steel Benches
• R.C.C. Benches
• Dust Bin
• Children Equipment’s
• Tube wells
• Toilets
• Site Office
• Shelter
• Sign Board

130 | P a g e