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Fmdaheadittest16225515626141 DNIT01062021
Fmdaheadittest16225515626141 DNIT01062021
Government of Haryana
Consultancy Services for preparation of Feasibility Study -cum- Preliminary Design Report
for uninterrupted Connectivity from Western Faridabad to Eastern Faridabad, under FMDA,
Faridabad, Haryana
June 2021
Faridabad-122001
1
Table of Content
2
29 Draft Contract Agreement 99-101
30 General conditions of contract 102-116
31 Bank Guarantee For Performance Security 117-118
32 Reply to Queries of the Bidder 119
33 DPR Checklist, Inception Report, Feasibility Report, LA 120-137
& Clearance
34 Annexure 1 to 8 138-146
35 PRE CONTRACT INTEGRITY PACT 147-151
36 Format for Power of Attorney for Lead Member of 152-153
Consortium
37 Format for Joint Bidding MOU for Consortium 154-156
38 Tentative Alignment 157
3
Faridabad Metropolitan Development Authority (FMDA)
NOTICE INVITING TENDER (NIT)
1. FMDA has been entrusted the work for preparation of Feasibility Study -cum- Preliminary
Design Report for uninterrupted Connectivity from Western Faridabad to Eastern
Faridabad, under FMDA, Faridabad, Haryana at four Location as Mentioned Below:
a) Surajkund Road - Green Field Colony - NHPC Chowk - Double Canal - up to
Noida.
b) Ankhir – Badkhal Chowk (NH44) – Sec-19-28 dividing road - Double Canal up
to Greater Faridabad/ Noida /Greater Noida link.
c) Badkhal Enclave (Faridabad- Gurgaon Road) to Metro Road, Neelam Flyover/
Maharana Pratap Chowk - Double Canal- Greater Faridabad, or upto
proposed highway in master plan 2031.
d) Village Pali via Sohna Road, Ballabhgarh NH 44, via Tigaon Road or through
green belt along Gurugram canal Greater Faridabad up to proposed highway
in Master plan 2031.
4
OFFICE OF THE FARIDABAD METROPOLITAN DEVELOPMENT
AUTHORITY
E-TENDER NOTICE
Faridabad Metropolitan Development Authority (FMDA) invites online tenders for the work
mentioned below:-
Tender
EMD
Docume
S to be Last date
nt Fee Bid Release
r T deposit for online Tender
Name of Work Plus time and
N No ed by Submission Open Date
Service Date
o bidder of bids
Fee in
(₹)
INR
RFP for
Consultancy
Services for
preparation of
Feasibility Study
-cum-
Preliminary
Design Report
for
uninterrupted ₹ 5/- ₹ 1180+₹ 01.06.2021 29.06.2021 01.07.2021
1
Connectivity Lakhs 1180 @03:30 hrs @05:30 hrs @03:00 Hrs
from Western
Faridabad to
Eastern
Faridabad at
four links/
stretch, under
FMDA,
Faridabad,
Haryana.
5
4. For any other queries, please contact Chief Engineer, Faridabad Metropolitan Development
Authority phone no. +919711005714 For further details and e-tendering schedule, visit
website https://etenders.hry.nic.in.
5. As the Bids are to be submitted online and are required to be encrypted and digitally signed,
the Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For
obtaining Digital Certificate, the Bidders should follow Section 1. Letter of Invitation-
“General Terms and Conditions for e tendering ".
6
Chief Engineer Mobility Division
FMDA, Faridabad
7
Section 2
Letter of Invitation
1. The Faridabad Metropolitan Development Authority (FMDA and hereinafter called
“Client”) has been entrusted for uninterrupted Connectivity from Western Faridabad
to Eastern Faridabad, under FMDA, Faridabad, Haryana.
2. The client invites proposal to provide the following consulting services: RFP for
Consultancy Services for preparation of Feasibility Study -cum- Design Report
for uninterrupted Connectivity from Western Faridabad to Eastern Faridabad,
under FMDA, Faridabad, Haryana. More details on the services are provided in
the Terms of Reference in this RFP document and qualification requirement is at
Instructions to Consultants.
3. A firm will be selected under “Quality Based Least Cost Selection (QBLCS)” and
procedures described in this RFP.
4. The RFP includes the following documents:
Section 1 – Notice inviting tender
Section 2 -Letter of Invitation and Instructions to bidder/Consultants
Section 3 - Qualification and eligibility criteria
Section 4 - Terms of Reference (TOR)
Section 5 - Draft contract agreement
Section 6 - Standard annexures of Contract Annexure-1 to 8
Section 7- Pre Contract Integrity Pact
5. The proposal is available online on https://etenders.hry.nic.in from 01.06.2021 to
29.06.2021 for a non-refundable fee as indicated in the RFP as scheduled in
Section-1. Bidders will be required to register on the website, which is free of cost.
The bidders would be responsible for ensuring that any addenda available on the
website is also downloaded and incorporated.
6. For submission of the bid, the bidder is required to have Digital Signature Certificate
(DSC). Possession of Digital Signature Certificate (DSC) and registration of the
contractors on the portal i.e. https://etenders.hry.nic.in is a prerequisite for e-
tendering.
7. Proposal must be submitted online on https://etenders.hry.nic.in on or before
29.06.2021 on 05:30 PM on last date of submission and the “Technical proposal‟ will
be opened online on the 01.07.2021 at 03:00 PM. The “Financial proposal” shall
remain unopened in the e-procurement system until the second public Bid opening for
the financial proposal. Any proposal or modifications to proposal received outside e-
procurement system will not be considered. If the office happens to be closed on the
date of opening of the Proposal as specified, the Proposal will be opened on the next
working day at the same time. The electronic bidding system would not allow any
late submission of Proposal.
8. The consultant shall also submit the technical proposal in hard bound in the format
prescribed in Appendix -3 (Technical Proposal - Standard Forms).
8
9. For any other queries, please contact, Chief Engineer Mobility Division, Faridabad
Metropolitan Development Authority on phone No.09711005714.
10. For further details and e-tendering schedule, visit website https://etenders.hry.nic.in
Yours sincerely,
Address:
Chief Engineer Mobility Division
FMDA, Faridabad
Room No. 204, 1st floor, HSVP Complex,
Sector-12, Faridabad
Ph No: 09711005714
Email Id: cemobalitygov.in
9
Instruction to the bidder/consultant
1. Definitions
(a) “Client” means the Agency who have invited the Proposal for consultancy services and/ or
with which the selected Consultant signs the Contract for the Services and to which the
selected consultant shall provide services as per the terms and conditions and TOR of the
contract.
(b) “Consultant” means any entity or person or associations of person who have been
requested to submit their proposals that may provide or provides the Services to the
Client under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents
listed in its Clause 1, that is the General Conditions (GC), the project Specific Conditions
(SC), and the Appendices.
(d) “Project specific information” means such part of the Instructions to Consultants used
to reflect specific project and assignment conditions.
(e) “Evaluation Committee” means the committee constituted by the FMDA for the
purpose of evaluating the technical and financial proposal submitted by the consultant in
response to this RFP.
(f) “Day” means calendar day and working day(Monday to Friday)
(g) “GoI” means the Government of India
(h) “State Government” Government of Haryana.
(i)“Instructions to Consultants” (section 2 of the RFP) means the document which provides
Consultants with all information needed to prepare their proposals.
(j)“LOI” (Section of the RFP) means letter of invitation for proposal.
(k) “LOA” means the Letter of Award being sent by the Client to the consultant selected in
accordance with evaluation criteria prescribed in this RFP.
(l)“Personnel” means professionals and support staff provided by the Consultant or by any
sub- consultant and assigned to perform the services or any part thereof; “Foreign
Personnel” means such professionals and support staff who at the time of being so
provided had their domicile outside the Government’s Country; “Domestic Personnel”
means such professionals and support staff who at the time of being so provided had their
domicile in India.
(m) “Proposal” means the Technical Proposal and the Financial Proposal.
(n) “RFP” means the Request for Proposal prepared by the Client for the selection of
Consultants.
(o) “Assignment” means the work to be performed by the Consultant pursuant to the Contract.
(p) “Sub-Consultant” means any person or entity with whom the Consultant subcontracts
any part of the Assignment.
(q) “Terms of Reference” (TOR) means the document included in the RFP as Section 5
which explains the objectives, scope of work, activities, tasks to be performed, respective
responsibilities of the Client and the Consultant, and expected results and deliverables of
the Assignment.
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2. Introduction
(a) The Client select a consulting firm /agencies/organization (the Consultant) meeting basic
eligibility criterion as mentioned in Section-3 and in accordance with the method of
selection specified in Section-2 & 3.
(b) The name of the Assignment has been mentioned in RFP. Detailed scope of the
assignment/work has been described in the Terms of Reference Section-4.
(c) The date, time and address for submission of the proposals have been given in RFP.
(d) The Consultants/agencies are invited to submit their Proposal. The Proposal will be the
basis for contract negotiations and ultimately for a signed Contract with the selected
Consultant.
(e) Consultants/agencies should familiarize themselves with Local conditions and take them
into account in preparing their Proposals. To obtain first-hand information on the
Assignment and Local conditions, Consultants/agencies are encouraged to meet the
client’s requirement before submitting a proposal and to attend a pre-proposal meeting
if one is specified in the RFP. Attending the pre-proposal/Bid meeting is optional.
Consultants/agencies should contact the Client’s representative to arrange for their visit
or to obtain additional information on the pre-proposal meeting. Consultants/agencies
should ensure that these representatives are advised of the visit in adequate time to allow
them to make appropriate arrangements.
(f) The Client will provide at no cost to the Consultants/agencies the inputs and facilities
specified in the RFP, assist the consultants/agencies in obtaining licenses and permits
needed to carry out the assignment, and make available relevant project data and reports.
(g) Consultants/agencies shall bear all costs associated with the preparation and submission
of their proposals, presentations and contract negotiation. The Client is not bound to
accept any proposal, and reserves the right to annul the selection process at any time prior
to Contract award, without assigning any reason for and without any liability to the Client
thereby incurring any liability to the Consultants.
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(c) The Client shall deal with only the lead member for the purpose of this assignment.
Although the contract shall be signed by all the members of the consortium, the lead
member of the JV/ consortium shall be responsible and liable to the Client for every
aspects of their proposal, contract etc.
(a) Consultants/agencies may request a clarification on any clause of the RFP documents up
to the number of days indicated in the RFP before the proposal submission date. Any
request for clarification must be sent in writing, or by standard electronic means to the
Client’s address indicated in the RFP. The Client will respond in writing, or by standard
electronic means and will send written copies of the response (including an explanation
of the query but without identifying the source of inquiry) to all Consultants. If the Client
deem it necessary to amend the RFP as a result of a clarification. Client is not bound to
response on baseless or irrelevant queries.
(b) At any time before the submission of Proposals, the Client may amend the RFP by
issuing an in writing or by standard electronic means. The addendum/corrigendum will
be uploaded on tender portal and will be binding on them. FMDA/Client will give
reasonable time to consultant to take an amendment into account in their proposals the
client may, if the amendment is substantial, extend the deadline for the submission of
Proposals.
5. Proposal
(a) Consultants/agencies may only submit one proposal. If a consultant/agencies submits or
participates in more than one proposal, such proposals shall be disqualified.
6. Proposal Validity
(a) The validity of financial proposal will be 120 days w.e.f. opening of financial proposal.
During this period, the financial proposal unchanged. The Client may request
Consultants/agencies to extend the validity period of their proposals.
Consultants/agencies who agree to such extension shall remain eligible.
7. Preparation of Proposals
(a) All the correspondence exchanged by the bidder should be in English language only
unless specified otherwise. No supporting document or printing literature shall be
submitted with the proposal unless specifically ask for and in case any of these
documents in the any other languages, it must be accompanied by accurate translation of
relevant passages in English in which case, for all purposes. The English interpretation of
the proposal shall be considered as final.
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(b) In preparing their proposal, consultants are expected to examine in detail the documents
comprising the RFP. If all the information required as per RFP or not given in the
proposal or materially deficient, it may result in rejection of the proposal.
The Association firm shall give a Letter of Association, MOU as in i) to vi) above except v,
letter of Authorization, copies of GPA/SPA for the person signing the documents and a
certificate of incorporation
(d) While preparing the Technical Proposal, Consultant/agencies must give particular attention
to the following:
- You are expected to examine all terms and instructions included in the RFP. Failure
to provide all requested information will be at your own risk and may result in
rejection of your proposal.
- During preparation of the technical proposal, you must give particular attention to
the following:
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Total assignment period is as indicated in the enclosed TOR. A manning
schedule in respect of requirement of key personnel is also furnished in the
TOR which shall be indicative for the basis of the financial proposal. You shall
make your own assessment of support personnel both technical and
administrative to undertake the assignment. Additional support and
administrative staff need to be provided for timely completion of the project
within the total estimated cost. It is stressed that the time period for the
assignment indicated in the TOR should be strictly adhered to.
- The technical proposal shall be submitted strictly in the Formats and shall comprise
of following documents:
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certificates shall also be submitted. If any information is found incorrect, at any stage,
action including termination and debarment from future FMDA/govt. projects up to 2
years may be taken by FMDA on the Firm.
(b) No alternative to key personnel may be proposed and only one CV may be submitted for
each position. The minimum requirements of Qualification and Experience of all key
personnel are listed in Enclosure-II of TOR. CV of a person who does not meet the
minimum experience requirement as given at enclosure-II of TOR shall be evaluated and
the marks obtained shall be taken into consideration during evaluation of Technical
Proposal.
(c) If same CV is submitted by two or more firms, zero marks shall be given for such
CV for all the firms.
(d) A good working knowledge of English Language is essential for key professional staff
on this assignment. Study reports must be in English Language.
(e) Photo, contact address and phone/mobile number of key personnel should be furnished in
the CV.
(f) Original Curriculum Vitae (CV) and photocopies of certificates shall be recently signed
in blue ink by the proposed key professional staff on each page and also initialed by an
authorized official of the Firm and each page of the CV must be signed. The key
information shall be as per the format. Photocopy of the CVs will not be accepted.
Unsigned copies of CVs shall be rejected.
(g) Depending on the nature of the Assignment, Consultant/agencies are required to submit a
Technical Proposal (TP) in forms provided RFP. Submission of the wrong type of
Technical Proposal will result in the Proposal being deemed non-responsive.
(h) The Technical Proposal shall provide the information indicated in the RFP.
(i) Detail of project for which technical and financial proposal have been submitted in
Form-T2.
(j) Firms references provide in Form -T3.
(k) Site appreciation in Form-T4.
(l) Comments/suggestions of consultant on the terms of reference in Form-T5
(m) Composition of team personnel and the task which would be assigned to each team
member in Form –T6
(n) Approach paper on methodology proposed for performing the assignment in Form T-7.
(o) Detail of material testing facility in Form T-8.
(p) Facility for field investigation testing in Form T-9.
(q) Office equipment and software in Form T-10.
(r) Curriculum vitae of proposed key professional staff in Form T-11
(s) A brief description of the consultant’s organization and in the case of a JV/consortium,
partner detail shall be provided in Form T-12.
(t) The Technical Proposal shall not include any financial information. A Technical
Proposal containing financial information may be declared non responsive.
(u) Financial Proposals: The Financial Proposal shall be submitted online as per the price
bid template.
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5 Taxes:
(a) The Consultant shall fully familiarize themselves about the applicable all taxes (such as:
value added or sales tax, service tax or income taxes, duties, fees, levies, GST) on
amounts payable by the Client under the Contract. All such taxes must be included by the
consultant in the financial proposal except GST. Hence, the GST shall be payable by the
client as applicable at the time of billing per the norms.
6 Currency:
(a) Consultants shall express the price of their Assignment in India Rupees.
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Proposal or in any other form demonstrating that the representative has been duly
authorized to sign. The signed Technical shall be marked “ORIGINAL”.
(c) The original and all copies of the Technical Proposal shall be placed in a sealed
envelope clearly marked “TECHNICAL PROPOSAL” followed by the name of the
Assignment. In respect of financial proposal only rates on online price Bid template will
be considered. The Price Bid of only successful technically responsive bidder will be
open for which written information will be sent. This envelope shall bear the submission
address, reference number be clearly marked “DO NOT OPEN, BEFORE [insert the time
and date of the opening indicated in the Data sheet]”. The Client shall not be responsible
for misplacement, losing or premature opening if the outer envelope is not sealed and/or
marked as stipulated. This circumstance may be case for Proposal rejection.
(d) The Proposals must be sent to the address/addresses indicated in the Data sheet and
received by the Client no later than the time and the date indicated in the Data sheet, or
any extension to this date in accordance with the RFP. Any proposal received by the
Client after the deadline for submission shall be not be entertained.
(e) Only Technical Proposal need to submit in both (online and Hard Copy modes) while
hard copy of financial proposal is not required.
10 Proposal Evaluation:
(a) From the time the Proposals are opened to the time the Contract is awarded, the
Consultant/agencies should not contact the Client on any matter related to its Technical
and/or Financial Proposal. Any effort by Consultants to influence the Client in the
examination, evaluation, ranking of Proposals, and recommendation for award of
Contract may result in the rejection of the Consultants‟ Proposal.
(b) The technical Evaluation Committee (EC) constituted by FMDA will carry out the entire
evaluation process.
(c) Evaluation of Technical Proposals: EC while evaluating the Technical Proposals shall
have no access to the Financial Proposals until the technical evaluation is concluded and
the competent authority accepts the recommendation.
(d) The EC shall evaluate the Technical Proposals on the basis of their responsiveness to the
Terms of Reference and by applying the evaluation criteria, sub-criteria specified in the
RFP. In the first stage of evaluation, a Proposal shall be rejected if it is found deficient as
per the requirement indicated in the RFP for responsiveness of the proposal. Only
responsive proposals shall be further taken up for evaluation. Evaluation of the technical
proposal will start first and at this stage the financial bid (proposal) will remain
unopened. The qualification of the consultant and the evaluation criteria for the technical
proposal shall be as defined in the RFP.
(e) Public opening & evaluation of the Financial Proposals: Financial proposals of only
those firms who are technically qualified shall be opened publicly on the date & time
specified the RFP, in the presence of the Consultant/agencies ‟ representatives who
choose to attend. The name of the Consultant/agencies, their technical score (if required)
and their financial proposal shall be read aloud.
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(f) The EC will correct any computational errors. When correcting computational errors, in
case of discrepancy between words and figures, the former will prevail. In addition to the
above corrections the items described in the Technical Proposal but not priced, shall be
assumed to be included in the prices of other activities or items.
(g) After opening of financial proposals, the consultant who will be declared L-I selected and
be eligible for award of the contract. The methods of selections are described in the RFP.
This selected consultant will then be invited for negotiations, if considered necessary.
11 Negotiations:
(a) Negotiations will be held at the date, time and address intimated to the qualified and
selected bidder. The invited Consultant/agencies will, as a pre-requisite for attendance at
the negotiations, confirm availability of their representatives conducting negotiations on
behalf of the Consultant must have written client to negotiate and conclude a Contract.
(b) Technical negotiations: Negotiations will include a discussion of the Technical
Proposal, the proposed technical approach and methodology, work plan, and organization
and staffing, and any suggestions made by the Consultant to improve the Terms of
Reference. The Client and the Consultant/agencies will finalize the Terms of Reference,
staffing schedule, work schedule, logistics, and reporting. These documents will then be
incorporated in the Contract as “Description of Assignment”. Special attention will be
paid to clearly defining the inputs/deliverable and facilities required from the Client to
ensure satisfactory implementation of the Assignment. The Client shall prepare minutes
of negotiations which will be signed by the Client and the Consultant.
(c) Financial negotiations: The negotiation if any shall be carried out in respect of the
reasonability of rates, taxation, payment etc. The clarification of the consultant’s taxability
in India and how it should be reflected in the contract. In case rates quoted for
consultancy services are unreasonable then FMDA reserves the right of cancelling the
tender.
(d) Conclusion of the negotiations: Negotiations will conclude with a review of the draft
Contract. To complete negotiations the Client and the Consultant will initial the agreed
Contract.
12 Award of Contract
(a) After completing negotiations the Client shall issue a Letter of Award to the selected
Consultant/agency and promptly notify all other Consultants who have submitted
proposals about the decision taken.
(b) The consultants will sign the contract after fulfilling all the formalities/pre-conditions
including Performance Guarantee as mentioned in the RFP.
(c) The Consultant is expected to commence the Assignment after issuance of letter to
proceed.
13 Confidentiality:
(a) Information relating to evaluation of Proposals and recommendations concerning awards
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shall not be disclosed to the Consultants who submitted the Proposals or to other persons
not officially concerned with the process, until the publication of the award of Contract.
The undue use by any Consultant/agencies of confidential information related to the
process may result in the rejection of its Proposal and may be subject to the provisions of
the Client’s antifraud and corruption policy.
(b) The client 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 Client to undertake such verification shall not relieve the
Applicant of its obligation or liabilities here under nor will it affect any rights of the
Client here under.
(c) The selection process shall be governed by and construed in accordance with the laws of
India and Courts at Faridabad shall have exclusive jurisdiction and all disputes arising
under pursuant to and/or in connection with the Selection Process.
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ELIGIBILITY CRITERIA
21
10. Examination of Tenders and Determination of Responsiveness:
1. Prior to the Detailed Evaluation of Tenders, the Employer will determine whether each
Tender;
(a) has been properly signed; and
(b) is fully responsive to the requirements of the Tender Documents.
2. A responsive Tender is one which
(a) Confirms to all the conditions or criteria set in the pre-qualification criteria
(b) Submission of all supporting documents indicated in Section 1,
(c) EMD, Tender Document Fee & Processing Fee, Pre Contract Integrity Pact (in
prescribed format) are enclosed,
(d) All forms and annexures are enclosed.
(e) Bid Capacity is achieved.
(f) Terms Conditions and Specifications of the Tender Documents, without material
deviation or reservation. A material deviation or reservation is one (a) which affects
in any substantial way the Scope, Quality or Performance of the Works; (b) which
limits in any substantial way, inconsistent with the Tender Documents, the
Employer's Rights or the Bidder’s obligations under the Contract; or (c) whose
rectification would affect unfairly the competitive position of other Bidders
presenting fully responsive Tenders.
3. If a Tender is not found to be fully responsive, it will be rejected by the Employer, and
may not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.
1. The Employer will evaluate and compare only the Tenders determined to be fully
Responsive.
2. Bidders who meet the pre-qualifications eligibility criteria as specified in SECTION-1
(ELIGIBILITY CRITERIA) would be considered as qualified to move to the next stage
of Technical evaluations. Bid Evaluation Committee (BEC) will evaluate the Technical
Proposals of the Pre-Qualified bidders only. The Bidder must qualify and secure
minimum 75 marks to qualify their bids to be eligible for financial bid opening.
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S. Supporting Total
N Eligibility Requirement Marks Documents/ Action Mark
o Required s
A certificate to this
● ≥10 Cr - <20 Cr = 05
Average Annual Turnover. effect from a
Marks
The Consultant (in case of Chartered
● ≥20 Cr - <30 Cr = 07
single business entity) / Lead Accountant along
Marks
Member (in case of with Balance sheets
● ≥30 Cr - < 40 Cr = 10
1 JV/consortium should have a for last five financial 15
Marks
minimum annual turnover years (2019-20,
● ≥40 Cr - <50 Cr =
during last 5 years financial 2018-19, 2017-18,
12Marks
years. 2017-16, 2016-15)
● > 50 Cr.= 15 Marks
shall be provided
with Technical bid
The bidder should have
specific experience of
preparation of Feasibility
Study -cum- preliminary
No. of Projects:-
Report /Detailed Project Work
Reports of Two/ four/ six lane 5-7 Projects = 05 Marks order/LOA/contract
2 National Highways/State 8-10 Projects=07 Marks agreement/Certificat 10
Highways / Expressways Above 10 Projects =10 es for Completion
projects for any Govt. Marks from Clients.
organization i.e. Central/
State/UT/Municipal/Smart
City/ PSU/Authority
24
S. Supporting Total
N Eligibility Requirement Marks Documents/ Action Mark
o Required s
Outsourced:- 1 marks
Qualification and relevant experience
Team Leader- Senior 4 Marks
Highway Engineer
Senior Bridge Engineer 2 Marks
Highway cum Pavement 2 Marks
Engineer
Material-cum-Geo-technical 2 Marks Qualification and
7 Engineer- Geologist experience 20
Traffic and Safety Expert 2 Marks requirement as per
Senior Survey Engineer 2 Marks Enclosure –II
Environment Specialist 2 Marks
Quantity 2 Marks
Surveyor/Documentation
Expert
Land Acquisition Expert 2 Marks
Technical Presentation, site 15 Marks
appreciation, Team component
and task assignment adequacy
8 15
of proposed work plan and
methodology and approach in a
soft copy.
TOTAL MARKS 100
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Annexure - I
Details of the stretch proposed for Feasibility Study -cum- Preliminary Design Report for
uninterrupted Connectivity
No. Description
1 Road and Bridge Inventory
2 BBD Test and Pavement Evaluation
3 Roughness Survey
4 Axle Load Survey
5 Material Survey and Investigation
6 Sub-grade Investigation
7 Traffic Survey
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8 Socio-economic Survey/Studies & Census
9 Land Acquisition Studies
10 Any other investigations/surveys as required.
N.D. Vashishta
Chief Engineer Mobility Division
FMDA, Faridabad
Room No. 204, 1st floor, HSVP Complex,
Sector-12, Faridabad
28
APPENDIX-I
1. General
1.1 The Faridabad Metropolitan Development Authority (FMDA) has been entrusted
with the assignment of Consultancy Services for preparation of Feasibility Study
Report for uninterrupted Connectivity from Western Faridabad to Eastern Faridabad,
under FMDA, Faridabad, Haryana FMDA now invites proposal from Technical
consultants for carrying out detailed Feasibility Study Report as per details given in
Annexure-1.
1.2 FMDA will be the employer and executing agency for the consultancy services and
the standards of output required from the appointed consultants are of international
level both in terms of quality and adherence to the agreed time schedule.
1.3 If Authority has recently awarded any works of consultancy services for construction
of ROBs for replacing level crossings in various states. In case a level crossing exists
in a project reach, consultant is required to co-ordinate with those consultants and
finalizes the alignment & configuration of road accordingly. However, if the same is
not covered in the above assignment of DPR/feasibility study awarded by Ministry,
the consultant under this assignment shall be responsible for preparing DPR for such
level crossings.
2. Objective
2.1 The main objective of the consultancy service is to prepare Feasibility Study -cum-
Preliminary Design Report for uninterrupted Connectivity from Western
Faridabad to Eastern Faridabad and to establish the technical, economical, and
financial viability of the project.
2.2 The viability of the project shall be established taking into account the requirements
with regard to rehabilitation, upgrading and improvement based on highway design,
pavement design, provision of service roads wherever necessary, type of
29
intersections, rehabilitation and widening of existing and/or construction of new
bridges and structures, road safety features, quantities of various items of works and
cost estimates and economic analysis.
2.3 The consultant should, along with Feasibility Report, clearly bring out through
financial analysis the preferred mode of implementation on which the Civil Works
for the stretches are to be taken up.
2.4 If at feasibility stage, employer desire to terminate the contract, the contract will be
terminated after payment up to that stage.
3. Scope of Services
3.2 The Consultant shall study the possible locations and design of toll plaza, if
applicable to the project. Wayside amenities required on tolled highway shall also be
planned. The local and slow traffic may need segregation from the main traffic and
provision of service roads and fencing may be considered, wherever necessary to
improve efficiency and safety.
4. General:
4.1 Primary Tasks
General Scope of Services shall cover but be not limited to the following major tasks
(additional requirements for Preparation of Feasibility Study Report for Hill Roads
and Major Bridges are given in Supplement I and II respectively):
i. review of all available reports and published information about the project
road and the project influence area;
ii. Environmental and social impact assessment, including such as related to
cultural properties, natural habitants, involuntary resettlement etc.
31
and sub-soil characteristics and strength for road and embankment design
and sub soil investigation;
xi. Identification of sources of construction materials;
xii. Identification of the type and the design of intersections;
xiii. To find out financial viability of project for implementation and suggest the
preferred mode on which the project is to be taken up.
xiv. Tie-in of on-going/sanctioned works of MORT&H/ FMDA/ other agencies.
xv. Preparation of social plans for the project affected people as per policy of the
lending agencies/ Govt. of India R & R Policy.
4.2 While carrying out the field studies, investigations and design, the development plans
being implemented or proposed for future implementation by the local bodies, should
be taken into account. Such aspect should be clearly brought out in the reports and
drawings.
4.3 The consultant/agencies shall study the possible locations and design of toll plaza,
wayside amenities required and arboriculture along the highway shall also be
planned.
4.4 The local and slow traffic may need segregation from the main traffic and provision
of service roads and physical barrier including fencing may be considered, wherever
necessary to improve efficiency and safety.
The numbers of survey locations indicated in the table above are indicative only.
4. The classified traffic volume count surveys shall be carried out for 7 days
(continuous, direction-wise) at the selected survey stations. The vehicle
classification system as given in relevant IRC code may be followed.
However, the following generalized classification system is suggested in view
of the requirements of traffic demand estimates and economic analysis:
5. All results shall be presented in tabular and graphical form. The survey data
shall be analyzed to bring out the hourly and daily variations. The traffic
volume count per day shall be averaged to show a weekly average daily
traffic (ADT) by vehicle type. The annual average daily traffic (AADT) shall
be worked out by applying seasonal factors.
6. The consultant shall compile the relevant traffic volume data from secondary
sources also. The salient features of traffic volume characteristics shall be
brought out and variations if any, from the traffic census carried out by the
State PWD shall be suitably explained.
4.9.3. Origin-Destination and Commodity Movements Surveys
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1. The consultants shall carry out 1-day (24 hour, both directions) O-D and
commodity movement surveys at locations finalized in consultation with
FMDA. These will be essentially required around congested towns to
delineate through traffic. The road side interviews shall be on random sample
basis and cover all four-wheeled vehicles. The location of the O-D survey and
commodity movement surveys shall normally be same as for the classified
traffic count.
2. The location of origin and destination zones shall be determined in relation to
each individual station and the possibility of traffic diversion to the Project
Road from/to other road routes including by passes.
3. The trip matrices shall be worked out for each vehicle type information on
weight for trucks should be summed up by commodity type and the results
tabulated, giving total weight and average weight per truck for the various
commodity types. The sample size for each vehicle type shall be indicated on
the table and also in the graphical representations.
4. The data derived from surveys shall also be analysed to bring out the lead and
load characteristics and desire line diagrams. The data analysis should also
bring out the requirement for the construction of bypasses.
5. The distribution of lead and load obtained from the surveys should be
compared The axle load surveys shall normally be done using axle load pads
or other sophisticated instruments. The location(s) of count station(s) and
the survey with those derived from the axle load studies.
6. The commodity movement data should be duly taken into consideration while
making the traffic demand estimates.
1. The turning movement surveys for estimation of peak hour traffic for the
design of major and minor intersections shall be carried out for the Study.
The details regarding composition and directional movement of traffic shall
be furnished by the Consultant.
2. The methodology for the surveys shall be as per IRC: SP: 41-1994. The
details including location and duration of surveys shall be finalized in
consultation with FMDA officials. The proposal in response to this TOR shall
clearly indicate the number of locations that the Consultants wish to conduct
turning movement surveys and the rationale for the same.
3. The data derived from the survey should be analyzed to identify
requirements of suitable remedial measures, such as construction of
underpasses, fly-over, interchanges, and grade- separated intersections along
the project road alignment. Intersections with high traffic volume requiring
special treatments either presently or in future shall be identified.
The Consultants shall carry out appropriate field studies such as moving car survey to
determine running speed and journey speed. The data should be analyzed to identify
sections with typical traffic flow problems and congestion. The objective of the
survey would be to recommend suitable measures for segregation of local traffic,
smooth flow of through traffic and traffic safety. These measures would include the
provision of bypasses, under-passes, fly-over’s, interchanges, grade-separated
intersections and service roads.
The data derived from the O-D, speed-delay, other surveys and also supplementary
surveys should be analysed to assess requirements for present and future development
of truck terminals at suitable locations en route.
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4.10. Traffic Demand Estimates
1. The consultants shall make traffic demand estimates and establish possible traffic
growth rates in respect of all categories of vehicles, taking into account the past
trends, annual population and real per capita growth rate, elasticity of transport
demand in relation to income and estimated annual production increase. The other
aspects including socio- economic development plans and the land use patterns of the
region having impact on the traffic growth, the projections of vehicle manufacturing
industry in the country, development plans for the other modes of transport, O-D and
commodity movement behaviour should also be taken into account while working out
the traffic demand estimates.
2. The values of elasticity of transport demand shall be based on the prevailing practices
in the country. The Consultants shall give complete background including references
for selecting the value of transport demand elasticity.
3. It is envisaged that the project road sections covered under this TOR would be
completed and opened to traffic after 1.5 years. The traffic demand estimates shall be
done for a further period of 30 years from completion of two/four lane. The demand
estimates shall be done assuming three scenarios, namely, optimistic, pessimistic and
most likely traffic growth. The growth factors shall be worked out for five-yearly
intervals.
4. Traffic projections should be based on sound and proven forecasting techniques. In
case traffic demand estimated is to be made on the basis of a model, the application
of the model in the similar situation with the validation of the results should be
established. The traffic projections should also bring out the possible impact of
implementation of any competing facility in the near future. The demand estimates
should also take into account the freight and passenger traffic along the major
corridors that may interconnect with the project. Impact of toll charges on the traffic
estimates should be estimated.
5. The methodology for traffic demand estimates described in the preceding paragraphs
is for normal traffic only. In addition to the estimates for normal traffic, the
Consultants shall also work out the estimates for generated, induced and diverted
traffic.
6. The traffic forecasts shall also be made for both diverted and generated traffic.
7. Overall traffic forecast thus made shall form the basis for the design of each
pavement type and other facilities/ancillary works.
39
stations.
To establish accuracy, a check point survey using DGPS (for horizontal accuracy)
and Auto Level (for vertical accuracy) shall be carried out to establish the
fundamental horizontal and vertical accuracy. A minimum of 25 check points, or
check points once every 4 km should be established, and these should be strictly
different from any geo- referencing or control network points.
3. The following are the set of deliverables which should be submitted after
completion of survey: (a) Raw DGPS data for the entire highway length and
adjoining areas of interest (b) Point cloud data or equivalent for the entire
highway length and adjoining areas of interest in a format/ platform as per
industry good practice which shall be a men able to operations by
FMDA/Consultant. FMDA may decide about format/platform of point cloud
data(c) Topographic map of scale 1:1000 of the entire highway length and
adjoining areas of interest (d) Contour map of 50 cm of entire highway length
and adjoining areas of interest (e) Cross section of the highway at every 1 m in
*.dwg format.
4. For land based surveys, Mobile LiDAR (Light Detection and Ranging) or better
technology that can meet above requirements shall be adopted. For aerial based
surveys, Aerial Mobile LiDAR (Light Detection and Ranging) or better
technology that can meet above requirements shall be adopted. In shadow areas
such as invert levels below culverts, where LiDAR or better technologies cannot
survey accurately, traditional methods of Total Station/ Auto Level shall be used
40
to complete the study.
5. In case of mobile LiDAR or better technology, 360 degree panoramic images of
the entire highway length and adjoining areas of interest shall be submitted. In
case of aerial LiDAR or better technology, ortho- images of the entire highway
length and adjoining areas of interest shall be submitted.
6. The detailed field surveys would essentially include the following activities:
i. Topographic Surveys along the Existing Right of Way (ROW): Carrying
out topographic survey using LiDAR or better technology along the
existing road and realignments, wherever required and properly
referencing the same with reference pillars fixed on either side of the
centre-line at safe places within the ROW
ii. The detailed field surveys would essentially include the topographic
surveys along the proposed location of bridge and alignment of approach
road.
iii. The detailed topographic surveys should be carried out along the
approach roads alignment and location of bridge approved by FMDA.
iv. Collection/ Extraction of details for all features such as structures
(bridges, culverts etc.) utilities, existing roads, electric and telephone
installations (both O/Has well as underground),huts, buildings, fencing
and trees (with girth greater than 0.3metre) oil and gas lines etc. falling
within the extent of survey.
7. The width of survey corridor will generally be as given under:
i. The width of the survey corridor should take into account the layout of the
existing alignment including the extent of embankment and cut slopes and
the general ground profile. While carrying out the field surveys, the
widening scheme (i.e. right, left or symmetrical to the centre line of the
existing carriageway) should be taken into consideration so that the
topographic surveys cover sufficient width beyond the centre line of the
proposed divided carriageway. Normally the surveys should extend a
minimum of 30 m beyond either side of the centre line of the proposed
divided carriageway or land boundary whichever is more
ii. In case the reconnaissance survey reveals the need for bypassing the
congested locations, the traverse lines would be run along the possible
alignments in order to identify and select the most suitable alignment for
the bypass. The detailed topographic surveys should be carried out along
the bypass alignment approved by FMDA. At locations where grade
separated intersections could be the obvious choice, the survey area will
be suitably increased. Field notes of the survey should be maintained
which would also provide information about traffic, soil, drainage etc.
iii. The width of the surveyed corridor will be widened appropriately where
developments and / or encroachments have resulted in a requirement for
adjustment in the alignment, or where it is felt that the existing alignment
41
can be improved upon through minor adjustments.
iv. Where existing roads cross the alignments, the survey will extend a
minimum of100m either side of the road centre line and will be of
sufficient width to allow improvements, including at grade intersection to
be designed.
8. The surveyed alignment shall be transferred on to the ground asunder:
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as per recommendations contained in IRC Special Publication No. 13 (Guide
lines for the Design of Small Bridges and Culverts) and provisions of IRC:5
(“Standard Specifications & Code of Practice for Road Bridges, Section 1 –
General Features of Design”).
Pavement Condition
cracking (narrow and wide cracking), % of pavement area
affected;
raveling, % of pavement area affected;
potholing, % of pavement area affected;
edge break, length (m);and,
rut depth, mm
Shoulder Condition
Paved: Same as for pavement
Unpaved: material loss, rut depth and corrugation,
Edge drop, mm.
Embankment Condition
general condition; and
extent of slope erosion
ii. The objective of the road and pavement condition surveys shall be to
identify defects and sections with similar characteristics. All defects
shall be systematically referenced, recorded and quantified for the
purpose of determining the mode of rehabilitation.
iii. The pavement condition surveys shall be carried out using visual
means. Supplemented by actual measurements and in accordance with
the widely accepted methodology (AASHTO, IRC, OECD, TRL and
World Bank Publications) adapted to meet the study requirements.
The measurement of rut depth would be made using standard
straightedges.
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Drainage Condition
General condition
Connectivity of drainage turnouts into the natural topography
Condition in cut sections
Condition at high embankments
The data obtained from the condition surveys should be analyzed and the
road segments of more or less equal performance may be identified using
the criteria given in IRC:81-1997. Investigations for Bridges and
Structure
4.11.4.1 Inventory of Bridges, Culverts and Structures
The Consultants shall make an inventory of all the structures (bridges,
viaducts, ROBs,/RUB and other grade separated structures, culverts, etc.)
along the road under the project. The inventory for the bridges, viaducts and
ROBs shall include the parameters required as per the guidelines of IRC-
SP:35. The inventory of culverts shall be presented in a tabular form covering
relevant physical and hydraulic parameters.
4.11.4.2 Hydraulic and Hydrological Investigations
1. The hydrological and hydraulic studies shall be carried out in accordance with
IRC Special Publication No. 13 (“Guidelines for the Design of Small Bridges
and Culverts”) and IRC:5 (“Standard Specifications & Code of Practice for
Road Bridges, Section I General Feature of Design”). These investigations
shall be carried out for all existing drainage structures along the road sections
under the study.
2. The consultant shall also collect information on observed maximum depth of
scour.
3. In respect of major bridges, history of hydraulic functioning of existing
bridge, if any, under flood situation, general direction of river course through
structure, afflux, extent and magnitude of flood, effect of backwater, if any,
aggradations / degradation of bed, evidence of scour etc. shall be used to
augment the available hydrological data. The presence of flood
control/irrigation structures, if affecting the hydraulic characteristics like
causing obliquity, concentration of flow, scour, silting of bed, change in flow
levels, bed levels etc. shall be studied and considered in design of bridges.
The details of any future planned work that may affect the river hydraulics
shall be studied and considered.
4. The Consultants shall make a desk study of available data on topography
(topographic maps, stereoscopic aerial photography), storm duration, rainfall
statistics, top soil characteristics, vegetation cover etc. so as to assess the
catchment areas and hydraulic parameters for all existing and proposed
drainage provisions. The findings of the desk study would be further
46
supplemented and augmented by a reconnaissance along the area. All-
important hydrological features shall be noted during this field
reconnaissance.
5. The Consultants shall collect information on high flood level (HFL),low water
levels (LWL), high tide level (HTL), low tide level (LTL) where applicable,
discharge velocity etc. from available past records, local inquiries and visible
signs, if any, on the structural components and embankments. Local inquiries
shall also be made with regard to the road sections getting over topped during
heavy rains.
6. Conducting Model studies for bridges is not covered in the scope of
consultancy services. If Model study is envisaged for any bridge, requirement
of the same shall be spelt out in the RPF documents separately indicating
scope and time frame of such study. Salient features of the scope of services
to be included for model study are given in the supplement- II Terms of
Reference.
Executive summary
Description of project
Objectives of the project.
The need for Resettlement in the Project and evaluation of measures to
minimize settlement.
Description and results of public consultation and plans for continued
participation of PAPs.
Definition of PAPs and the eligibility criteria.
Census and survey results-number affected, how are they affected and what
impacts will they experience.
Legal and entitlement policy frame work-support principles for different
categories of impact.
Arrangements for monitoring and evaluation (internal and external)
Implementation schedule for resettlement which is linked to the civil works
contract
A matrix of scheduled activities linked to land acquisition procedures to
indicate clearly what steps and actions will be taken at different stages and the
time frame
The payment of compensation and resettlement during the acquisition process
An itemized budget (replacement value for all assets) and unit costs for
different assets
50
1. Time period envisaged for the study of the project is indicated in Annex-I to
LOI.
The final reports and documentation shall be completed within this time
schedule.
2. FMDA shall arrange to give approval on all sketches, drawings, reports and
recommendations and other matters and proposals submitted for decision by
the Consultant in such reasonable time so as not to delay or disrupt the
performance of the Consultant’s services.
52
STAGE 1
10.1 Quality Assurance Plan (QAP) Document
1. Immediately upon the award, the Consultants shall submit four copies of the
QAP document covering all aspects of field studies, investigations design
and economic financial analysis. The quality assurance plans/procedures for
different field studies, engineering surveys and investigation, design and
documentation activities should be presented as separate sections like
engineering surveys and investigations, traffic surveys, material geo-technical
and sub-soil investigations, road and pavement investigations, investigation
and design of bridges &structures, environment and R&R assessment,
economic & financial analysis, drawings and documentation; preparation,
checking, approval and filing of calculations, identification and traceability of
project documents etc. Further, additional information as per format shall be
furnished regarding the details of personnel who shall be responsible for
carrying out/preparing and checking/verifying various activities forming part
of feasibility study and project preparation, since inception to the completion
of work. The field and design activities shall start after the QAP is approved
by FMDA.
2. The data formats proposed by the Consultants for use in field studies and
investigations shall be submitted within 14 days after the commencement of
services and got approved by FMDA.
10.2 Inception Report (IR)
1. The report shall cover the following major aspects:
i. Project appreciation;
ii. Detailed methodology to meet the requirements of the TOR finalized in
consultation with the FMDA officers; including scheduling of various
sub activities to be carried out for completion of various stages of the
work; stating out clearly their approach & methodology for project
preparation after due inspection of the entire project stretch and
collection/collation of necessary information;
iii. Task Assignment and Manning Schedule;
iv. Work programme;
v. Performa for data collection;
vi. Design standards and proposed cross-sections;
vii. Key plan and Linear Plan;
viii. Development plans being implemented and / or proposed for
implementation in the near future by the local bodies and the possible
impact of such development plans on the overall scheme for field work
and design for the study;
ix. Quality Assurance Plan (QAP) finalized in consultation with FMDA;
x. Draft design standards; and
2. The requirements, if any, for the construction of bypasses should be identified
53
on the basis of data derived from reconnaissance and traffic studies. The
available alignment options should be worked out on the basis of available
maps. The most appropriate alignment option for bypasses should be
identified on the basis of site conditions and techno-economic considerations.
Inception Report should include the details regarding these aspects concerning
the construction of bypasses for approval by FMDA.
STAGE 2:
ii. Rate Analysis: This volume will present the analysis of rates for all items
of works. The details of unit rate of materials at source, carriage charges,
any other applicable charges, labour rates, and machine charges as
considered in arriving at unit rates will be included in this volume.
3. The basic data obtained from the field studies and investigations shall be
54
submitted in a separate volume as an Appendix to Feasibility Report.
4. The Final Feasibility Study Report incorporating comments, revisions and
modifications suggested by FMDA shall be submitted within 15 days of
receipt comments from FMDA on draft feasibility study report.
Reports
i. Volume-I, Main Report: This report will present the project background, social
analysis of the project, details of surveys and investigations carried out, analysis
and interpretation of survey and investigation data, traffic studies and demand
forecasts designs, cost estimation, environmental aspects, economic and
commercial analyses and conclusions. The report shall include Executive
Summary giving brief accounts of the findings of the study and
recommendations.
The Report shall also include maps, charts and diagrams showing locations and
details of existing features and the essential features of improvement and
upgrading. The Environmental Impact Assessment (EIA) Report for contract
package shall be submitted as a part of the main report.
The basic data obtained from the field studies and investigations and input data
used for the preliminary design shall be submitted in a separate volume as an
Appendix to Main Report.
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11. Interaction with FMDA
1. During entire period of services, the Consultant shall interact continuously
with FMDA and provide any clarification as regards methods being followed
and carryout modification as suggested by FMDA. A programme of various
activities shall be provided to FMDA and prior intimation shall be given to
FMDA regarding start of key activities such as boring, survey etc. so that
inspections of FMDA officials could be arranged in time.
2. The FMDA officers and other Government officers may visit the site at any
time, individually or collectively to acquaint/supervise the field investigation
and survey works. FMDA may also appoint a Proof Consultant to supervise
the work of the DPR consultant including inter-alia field investigation, survey
work, Design work and preconstruction activities
3. The consultant shall be required to send 3 copies of concise monthly Progress
Report by the 5th day of the following month to the designated officer at his
Head Quarter so that progress could be monitored by the FMDA. These
reports will indicate the dates of induction and de-induction of various key
personnel and the activities performed by them. Frequent meetings with the
consultant at site office or in Delhi are foreseen during the currency of project
preparation.
4. All equipment, software and books etc. required for satisfactory services for
this project shall be obtained by the Consultant at their own cost and shall be
their property.
12. Payment Schedule
1. The CD’s/ Pen drive (with email) containing all basic as well as the processed
data from all field studies and investigations, report, appendices, annexure,
documents and drawings shall be submitted to FMDA at the time of the
submission of the Final Report. If required by FMDA the consultant shall
arrange at their own cost necessary software for viewing and measurement of
imagery/point cloud data. The data can be classified as follows:
2. Engineering Investigations and Traffic Studies: Road Inventory, Condition,
Roughness, Test Pit (Pavement composition), Benkelman Beam Deflection,
Material Investigation including test results for subgrade soils, Traffic
Studies(traffic surveys), axle load surveys, Sub-soil Exploration, Drainage
Inventory, Inventory data for bridge and culverts indicating rehabilitation,
new construction requirement etc. in MSEXCEL or anyother format which
could be imported to widely used utility packages.
56
i. Topographic Surveys and Drawings: All topographic data would be
supplied in (x, y, z) format along with complete reference so that the
data could be imported into any standard highway design software.
The drawing files would be submitted in dxf or dwg format.
3. Software: The Consultant shall also hand-over to FMDA CD’s/pen drive
containing any general software including the financial model which has been
specifically developed for the project.
4. The floppy diskettes/CD’s should be properly indexed and a catalogue giving
contents of all floppies/CD’s and print-outs of the contents (data from field
studies topographic data and drawings) should be handed over to FMDA at
the time of submission of the Final Report.
5. Consultant shall include editable soft copies of the final versions of all
documents, including but not limited to the strip plan, plan & profile
drawings, cross sections of right of way and details of structures as well as
any cost workings.
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SUPPLEMENT - 1
58
7. f) Existing land slide and snow clearance facilities
g) geological details of rock strata in the area in case of tunnels/underpass
8. 4.11(1) The Consultant should make an in depth study of available geological and
meteorological maps of the area.
9. 4.11 (2) The primary tasks to be accomplished during the reconnaissance survey shall also
include:
a) details of terrain (steep or mountainous ), cliffs and gorges, general elevation of
the road including maximum heights negotiated by main ascents and
descents, total number of ascents and descents, hair pin bends, vegetation
etc.
b) Climatic conditions i.e. temperature, rain fall data, snow fall data, fog
conditions, unusual weather conditions etc.
c) Realignment requirements including provision of tunnels/underpass, if required.
d) Inventory of tunnels/underpass and geologically sensitive are as like slip prone
areas, areas
subject to landslides, rock fall, snow drifts, erosion, avalanche activity etc.
10. 4.11.2.1 (ii) Cross sections shall be taken at every 25 m. in case of hill roads and at points of
appreciable changes in soil conditions. While taking cross sections, soil conditions
shall also be recorded.
11. 4.11.3.1 (1) The inventory data shall also include:
a) General elevation of road indicating maximum & minimum heights negotiated
by main ascents & descents and total no. of ascents &descents.
b) Details of road gradients, lengths of gentle & steep slopes, lengths & location of
stretches in unstable areas, areas with cliffs, areas with loose rocks, land slide
prone areas, snow drift prone areas, no. & location of hairpin bends etc.
c) Details of tunnels/underground
d) Details & types of protective structures, erosion & land slide control/protection
measures, snow drift control measures, avalanche protection/control measures
etc.
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13. 4.11.3.2(3) Condition Surveys & Investigation for Slope Stabilization, Erosion Control,
Landslide Correction/Protection & Avalanche Protection Measures:
a) Inventory & Condition Surveys of Existing Protective/Control
Measures:
The consultant shall make an inventory of all the structures related to Slope
Stabilization, Erosion Control, Landslide Control/protection, Avalanche Protection
etc. This shall include details of effectiveness of control measures already done and
condition of protective/control structures.
b) Landslide Investigation
This shall be carried out to identify landslide prone areas, to suggest preventive
measures or alternate routes that are less susceptible to landslide hazard. Further in
existing slide areas this shall help to identify factors responsible for instability and
to determine appropriate control measures needed to prevent or minimize recurring
of instability problems.
Initial preliminary studies shall be carried out using available contour maps
, topographical maps, geological/geo-morphological maps, aerial photographs etc.
for general understanding of existing slide area and to identify potential slide areas.
This shall be followed by further investigations like
geological/geotechnical/hydrological investigation to determine specific site
conditions prevailing in the slide area as per relevant IRC
specifications/publications, MORT&H circulars and relevant recommendations of
the international standards for hill roads. The result of the investigations shall
provide basis for engineering analysis and the design
of protection/remedial measures.
14. 4.11.4.4 a) For tunnels if required, geotechnical and subsurface investigation shall be
done as per IRC:SP:91.
b) Geotechnical and subsurface investigation and testing for tunnels shall be
carried out through the geotechnical Consultants who have the experience of
geotechnical and subsurface investigation in similar project.
15. 4.12.1 (1) The Consultant shall also carry out detailed designs and prepare working designs
for the following:
a) cross sections at every 25m intervals
b) Slope stabilization and erosion control measures
c) Design of protection/control structures in areas subject to subsidence,
landslides, rock fall, rock slide, snow drifts, icing, scour, avalanche activity
etc.
d) Design of protective structures in slip prone and unstable areas
e) Design of scenic overlooks, watering points etc.
f) Safety features specific to hill roads
16. 4.12.2 (1) The Consultant shall evolve Design Standards and material specifications for the
60
17. Study primarily based on IRC publications, MORT&H Circulars and relevant
recommendations of the international standards for hill roads for approval by
FMDA.
18. 4.12.2 (2) The Design Standards evolved for the project shall cover all aspects of detailed
design including the design of geometric elements, pavement design, bridges and
structures, tunnels if required, traffic safety and materials.
19. 4.12.3 Wherever practicable/feasible hairpin bends and steep gradients shall be avoided by
realignments, provision of structures or any other suitable provisions.
20. 4.12.4 While designing pavement for hill roads specific aspects relevant to hill regions
like terrain & topographic conditions, weather conditions, altitude effects etc. shall
be duly considered and suitably incorporated in design so that pavement is able to
perform well for the design traffic and service life. Effects of factors like heavy
rainfall, frost action, intensive snow and avalanche activity, thermal stresses due to
temperature difference in day and night, damage by tracked vehicles during snow
clearance operations etc. must also be considered along with traffic intensity, its
growth, axle loads and design life.
21. 4.12.5 The design of embankments should include the requirements for protection works
and traffic safety features including features specific to hill roads.
22. 4.12.6 Design and Drawing of Tunnels:
The Consultant shall prepare design and drawings for tunnels, if required as per
the results of feasibility study, as per the relevant specifications of
IRC:SP:91/MORT&H and other international specifications.
23. 4.12.7 a) Topography of hills generates numerous water courses and this coupled with
continuous gradients of roads in hills and high intensity of rainfall calls for
effective drainage of roads. The drainage system shall be designed to ensure
that the water flowing towards the road surface may be diverted and guided to
follow a definite path by suitable provision of road side drains, catch water
drains, interceptors etc. and flow on valley side is controlled so that stability is
not affected.
b) Further, adequate provision shall be made for sub-surface/sub-grade drainage to
take care of seepage through the adjacent hill face of the road & underground
water flows.
24. 4.12.8 The Consultant shall design suitable traffic safety features and road furniture
including traffic signals, signs, markings, overhead sign boards, crash barriers,
delineators etc. including any feature specific to hill roads. The locations of these
features shall be given in the reports and also shown in the drawings.
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SUPPLEMENT-II
62
3.2 Mathematical Model study
Mathematical modeling for detailed Hydraulic / Hydrologic investigations
regarding the proposed new bridge to:
i) Finalize the site/location of the proposed new bridge based on
mathematical modeling.
ii) Provide information on estimated/observed maximum depth of
scour..
iii) Provide information on required river training works for proposed
bridge
iv) Provide hydraulic design for the bridge and the required river
training works.
v) Quantify the general direction of river course through bridge,
afflux, extent and magnitude of flood, effect of backwater, if any,
aggradations /degradation of bed, evidence of scour etc. shall be
used to augment the available hydrological data. The presence of
flood control/irrigation structures, if affecting the hydraulic
characteristics like causing obliquity, concentration of flow,
scour, silting of bed, change in flow levels, bed levels etc. shall
be studied and considered in Hydraulic design of proposed
bridge. The details of any planned work in the immediate future
that may affect the river hydraulics shall be studied and
considered.
4. Information /Documents /Data required for Physical
/Mathematical Model study
i) Plan layouts showing the locations of the proposed bridge as well as
the existing bridges/barrages etc., in the vicinity of the proposed
bridge with the chainages with respect to a standard reference
marked on it.
i) High flood discharges and corresponding flood levels at the
locations of the existing bridges in the vicinity of the proposed
bridge. General arrangement drawing (GAD) of the existing
bridges showing number of spans, pier and well dimensions,
founding levels, maximum scour level, the design discharge and the
HFL, guide bund details. On this, the plan form of the river course
with the bridge alignment may also be shown as far as possible.
63
iv) General arrangement drawing (GAD) of the proposed new bridge
showing number of spans, pier and foundation dimensions. On this,
the plan form of the river course with the bridge alignment may also
be shown as for as possible.
v) River cross sections at 500m longitudinal spacing (maximum) up to
a distance of 2 times the bridge total length on the upstream side
and up to a distance equal to the bridge total length on the
downstream with right bank and left bank clearly marked on it. At
least one cross section to be provided at the location of the proposed
bridge. At each cross section, the bed levels to be taken at a
maximum lateral distance of 8min flow section and at 25 m in non
flow section respectively. The abrupt variations in the bed levels to
be captured by taking measurements at closer locations both in
longitudinal as well as lateral directions.
vi) The cross sections, as for as possible, from high bank to high bank.
vii) The longitudinal profile of the river along the length of the proposed
alignment.
viii) Size distribution of the river bed material and the bore log data at
different locations at the site of the proposed bridge.
ix) The series of annual peak flood of the river for at least 15 years
period.
64
SUPPLEMENT-III
ADDITIONAL REQUIREMENT FOR SAFETY AUDIT
The use of checklists is highly recommended as they provide a useful “aide memoire” for
the audit team to check that no important safety aspects are being overlooked. They also
give to the project manager and the design engineer a sense of understanding of the place of
safety audit in the design process. The following lists have been drawn up based on the
experience of undertaking systematic safety audit procedures overseas. This experience
indicates that extensive lists of technical details has encouraged their use as “tick” sheets
without sufficient thought being given to the processes behind the actions. Accordingly, the
checklists provide guide lines on the principal issues that need to be examined during the
course of the safety audits.
CONTENTS ITEMS
65
A1 : General Departures from standards
Cross-sectional variation
Drainage
Climatic conditions
Landscaping
Services apparatus
Lay-byes
Footpath
Pedestrian crossings
Access (minimize number of private accesses)
Emergency vehicles
Public Transport
Future widening
Staging of contracts
Adjacent development
66
Enclosure-I
67
Enclosure-II
68
Enclosure-II (contd.)
69
Enclosure-II(contd.)
70
Enclosure-II(contd.)
71
Enclosure-II(contd.)
KEY PERSONNEL
72
Enclosure-II(contd.)
73
Enclosure-II(contd.)
Environmental Specialist
74
Enclosure-II(contd.)
Desirable
ii) Essential Experience
a) Total Professional Experience Min. 15 years
b) Experience in Highway Projects Min. 5 years in Preparation of 1 mark
Bill of Quantities, Contract
documents and documentation
for major highway projects
involving two/ four laning
c) Experience in similar capacity Quantity Surveyor / 1 mark
Documentation Expert in
highway projects
(NH/SH/Expressways)
involving two/four/six
laning of minimum
aggregate length of 100 km.
iii) Age Limit Maximum 70 years on the
date of submission of proposal
75
Enclosure-II(contd.)
Desirable
ii) Essential Experience
a) Total Professional Min. 10 years. Should have 2 marks
Experience understanding of land acquisition act
2013, notification and have
experience in preparation of award,
disbursement of compensation, taking
possession of land, mutations etc.
iii) Age Limit Maximum 70 years on the date of
submission of proposal
76
Enclosure-III
Note: That Consultant/agencies shall submit the monthly progress report. Further, if
required consultant/agencies shall carry out the presentation of proposed work before
authorities of FMDA.
77
APPENDIX-II
Proof of Eligibility
Form-E1
Letter of Proposal (On Applicant’s letter head)
To, (Date and Reference)
Dear Sir,
With reference to your RFP Document dated ………, I/we i.e M/s---------------------------
-------------------------------------------- (Name of Bidder) having examined all relevant
documents and understood their contents, hereby submit our Proposal for selection as
Consultant. The proposal is unconditional and unqualified.
1. 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.
2. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid Project.
3. I/We shall make available to the Authority any additional information it may deem necessary
or require for supplementing or authenticating the Proposal.
4. 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.
5. 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.
6. 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 1.7 of the RFP document.
7. I/We declare that we/any member of the consortium, are/is not a Member of any other
Consortium applying for Selection as a consultant.
8. I/We certify that in regard to matters other that 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.
9. I/We further certify that in regard to matters relating to security and integrity of the
78
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.
10. 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.
11. 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
[and/ or the Government of Haryana] in connection with the selection of Consultant or in
connection with the Selection Process itself in respect of the above mentioned Project.
12. The Bid Security of Rs. 5/- lakh (Rupees Five lakh) in the form of a Bank Guarantee is
attached, in accordance with the RFP document.
13. 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 for the
Project is not awarded to me/us or our proposal is not opened or rejected.
14. I/We agree to keep this valid for 120 (One hundred and twenty) days from the date of opening
of financial proposal.
15. A Power of Attorney in favour of the authorized signatory to sign and submit this Proposal
and documents is attached herewith.
16. In the event of my/our firm/consortium being selected as the Consultant, I/we agree to enter
into any Agreement in accordance with the form Appendix V of the RFP. We agree not to
seek any changes in the aforesaid form and agree to abide by the same.
17. 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 for thin the Agreement, we shall have
no claim, right or title arising out of and 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.
18. The Proof of Eligibility and Technical proposal are being submitted in separate covers in hard
copy and they are being submitted online also. Financial Proposal is being submitted online
only. This Proof of Eligibility read with Technical Proposal and Financial Proposal shall
constitute the Application which shall be binding onus.
19. 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,
authorized signatory)
Member)
79
Appendix-III
Form-E2/T3
FIRM’S REFERENCES
Relevant Services Carried
The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the
major companies within a consortium, was legally contracted by the client:
80
APPENDIX-IV
Form- E3
Name of Applicant:
1 2019-20
2 2018-19
3 2017-18
4 2016-17
5 2015-16
This is to certify that ------------- (name of the Applicant) has received the payments
shown above against the respective years on account of Consultancy Services.
Date
In case he Applicant does not have a statutory auditor, it shall provide the certificate from its
chartered accountant that ordinarily audits the annual account of the Applicant.
Note:
81
APPENDIX-V
Form- E4
82
This Guarantee will remain in force up to and including the date 150 (one hundred and fifty)
days after the deadline for submission of bids as such dead line is stated in the Instructions to
Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is
here by waived. Any demand in respect of this Guarantee should reach the Bank not later than
the above date.
Not withstanding anything contained herein before, our liability under this guarantee is
restricted to Rs. and the guarantee shall remain valid till . Unless a claim or a demand
in writing is made up on us on or before all our liability under this guarantee shall cease
DATE
83
Appendix VI
(Form-T1)
TECHNICAL PROPOSAL
Sir:
I/We (name
of
Bidder) Consultant/ Consultancy firm herewith enclose Technical Proposal for selection of
my/our firm/organization as Consultant for .
Yours faithfully,
Address
(Authorized Representative)
84
(Form-T-2)
Details of projects for which Technical and Financial Proposals have been submitted
Sr. No. Name of Project Consultancy Package No. Names of Proposed Key
Personnel
1
2
3
4
85
Form-E2/T3
FIRM’S REFERENCES
Relevant Services Carried out
The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the
major companies within a consortium, was legally contracted by the client:
86
Form- T4
SITE APPRECIATION
Shall give details of site as per actual site visit and data provided in RFP and collected
from site supported by photographs to demonstrate that responsible personnel of the
Consultant have actually visited the site and familiarized with the salient
details/complexities and scope of services.
87
Form- T5
2.
3.
4.
5.
…….
……
88
Form T6
Composition of the Team Personnel and the task Which would be assigned to each
Team Member
Technical /Managerial Staff
Sr. No. Name Position Task Assignment
1
2
3
4
…..
…..
…..
Supporting staff
Sr. No. Name Position Task Assignment
1
2
3
4
…..
…..
…..
89
Form T7
APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING
THE ASSIGNMENT
The approach and methodology will be detailed precisely under the following topics.
1) Composition of the team [not more than 1page]
2) Methodology for services, surveying, data collection [not more
than 2 pages] and analysis
Quality Assurance system for consultancy assignment [not more than 1page]
90
Form T8
Details of Material Testing Facility
1. State whether the Applicant has in-house Material Testing Facility Available/
Outsourced / Not Available
2. In case answer to 1 is Available, attach a list of Lab equipment and facility for
testing of materials and location of laboratory
3. In case laboratory is located at a distance of more than 200 km from the project site,
state arrangements made/proposed to be made for testing of materials
4. In case answer to 1 is Outsourced/ Not Available state arrangements made/proposed
to be made for testing of materials
91
Form T9
Facility for Field investigation and Testing
1. State whether the Applicant has in-house Facility for
2. In case answer to 1 is Available (created in-house at site) a list of field investigation and
testing equipments available in-house
4. For experience in LiDAR or better technology for topographic survey, GPR and
Induction Locator or better technologies for detection of sub-surface utilities and
digitization of cadastral maps for land acquisition, references need to be provided in
following format:
92
Form T10
Office Equipment and software
93
Form T11
PHOTO
1. Proposed Position:
2. Name of Staff:
3. Date of Birth: (Please furnish proof of age)
4. Nationality:
5. Educational Qualification:
(Summarize college/university and other specialized education of staff member,
giving names of schools, dates attended and degrees obtained). (Please furnish
proof of qualification)
Contact Address with Phone and mobile numbers:
6 Membership of Professional Societies:
7 Publication:
(List of details of major technical reports/papers published in recognized national
and international journals)
8 Employment Record:
(Starting with present position, list in reversed order, every employment held.
List all positions held by staff member since graduation, giving dates, names
of employing organization, title of positions held and location of assignments.
For experience period of specific assignment must be clearly mentioned, also
give
Client references, where appropriate).
9 Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall
be precise and accurate. The information in the summary will have bearing
on the evaluation of the CV).
A) Education:
i) Field of graduation and year
ii) Field of post-graduation and year
Any other specific qualification
B. Experience:
i) Total experience in highways : Yrs.
ii) Responsibilities held : a) Yrs.
b) Yrs.
c) Yrs.
iii) Relevant experience : Yrs.
C) Permanent Employment with the firm : Yrs. If yes, how many years:
If no, what is the employment : Arrangement with the firm?
94
Certification:
1. I am willing to work on the project and I will be available for entire duration of
the project assignment and I will not engage myself in any other assignment during
the currency of this assignment on the project.
2. I, the undersigned, certify that to the best of my knowledge and belief, this bio-
data correctly describes myself my qualification and my experience
Place_______________Date______________
Place________________Date_____________
Note: Each page of the CV shall be signed in ink by both the staff member and the Authorized
representative of the firm. Photocopies will not be considered for evaluation.
95
UNDERTAKING FROM THE PROFESSIONAL
I, (Name and Address) have not left any assignment with the consultants Engaged by
MORT&H/ contracting firm (firm to be supervised now) for any continuing works of
MORT&H/FMDA without completing my assignment. I will be available for the entire duration
of the current project (named…………..). If I leave this assignment in the middle of the
completion of the work, I may be debarred for an appropriate period to be decided by FMDA. I
have also no objection if my services are extended by FMDA for this work in future.
96
UNDERTAKING FROM CONSULTING FIRM
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AppendixVII
SUB HEAD:
NOTE:-
98
Appendix-V
DRAFT CONTRACT AGREEMENT
Between
And
M/s........................................................... in JV with
M/s…………………………………….
in Association with M/s………… and for
99
DRAFT CONTRACT FOR CONSULTANT’S SERVICES
INDIA
CONTRACT FOR CONSULTANTS’ SERVICES
This CONTRACT (hereinafter called the “Contract”) is made on the day of the month of ----
-------------2021 , between, on the one hand, Faridabad Metropolitan Development Authority
(FMDA), Faridabad (hereinafter called the “Client”) and, on the other hand, M/s --- in JV
with and in Association with (hereinafter called the “Consultants”).
WHEREAS
(A) The Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions attached to this Contract (hereinafter called the
“Services”);
(B) the Consultants, having represented to the Client that they have the required
professional skills, personnel and technical resources, have agreed to provide the
Services on the terms and conditions set forth in this Contract;
1 The following documents attached hereto shall be deemed to form an integral part of
this Contract:
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Appendix I: Copy of Bank Guarantee for Performance Security
2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular:
(a) The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and
(b) Client shall make payments to the Consultants in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written
101
GENERAL CONDITIONS OF CONTRACT
1. GENERALPROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) “Applicable Law means the laws and any other instruments having the force
of law in the Government’s country as they may be issued and in force from
time to time;
(b) “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in
Clause 1 of such signed Contract;
(c) “Effective Date” means the date on which this Contract comes into force and
effect pursuant to Clause GC 2.1;
(d) “foreign currency” means any currency other than the currency of the
Government;
(e) (d) “GC” means these General Conditions of Contract;
(f) “Government” means the Government of Haryana;
(g) “local currency” means the currency of the Government;
(h) “Member”, in case the Consultants consist of a joint venture or consortium
of more than one entity, means any of these entities, and “Members” means
all of these entities;
(i) “Personnel” means persons hired by the Consultants or by any Sub
consultant
(j) as employees and assigned to the performance of the Services or any part
thereof; “foreign Personnel” means such persons who at the time of being so
hired had their domicile outside India; and “local Personnel” means such
persons who at the time of being so hired had their domicile inside India;
(k) “Party” means the Client or the Consultants, as the case may be, and Parties
means both of them;
(l) “Services” means the work to be performed by the Consultants pursuant to
this Contract for the purposes of the Project, as described in Appendix A
hereto;
(m) “SC” means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(n) “Sub consultant” means any entity to which the Consultants subcontract any
part of the Services in accordance with the provisions of Clause GC 3.7;and
(o) “Third Party” means any person or entity other than the Government, the
Client, the Consultants or a Sub consultant.
1.1 The Performance Security equal to 5% of the contract price shall be provided to the
102
FMDA not later than the date specified in the Letter of Acceptance and shall be
issued in an amount and form by a bank or surety acceptable to the FMDA and
denominated in Indian Rupees. In case the time of completion is extended, the
validity of performance security shall be correspondingly extended. It carries no
interest and is returned to the contractor after the date specified in the contract. The
EMD shall be returned at the signing of the agreement only upon receiving upon the
Performance Security and signing of the Agreement. The Performance security
deposit in the form of Bank Guarantee as above shall be released after 3 months of
successful completion of work and issue of completion certificate.
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 Client and the Consultants. The
Consultants, subject to this Contract, have complete charge of Personnel performing
the Services and shall be fully responsible for the Services performed by them or on
their behalf hereunder.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be
the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered in person
to an authorized representative of the Party to whom the communication is
addressed, or when sent by registered mail, facsimile or e-mail to such Party
at the address specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A party may change its address for notice hereunder by giving the other Party
notice of such change pursuant to the provisions listed in the SC with respect
to Clause GC1.6.2.
1.7 Location
103
The Services shall be performed at such locations as are specified in Letter of
Acceptance (Appendix-I) hereto and, where the location of a particular task is not
so specified, at such locations, whether in India or elsewhere, as the Client may
approve.
2.6 Modification
Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services, may only be made by written agreement
between the Parties. Pursuant to Clause GC7.2 hereof, however, each party shall
give due consideration to any proposals for modification made by the other Party.
(a) For the purposes of this Contract, “Force Majeure” means an event which is
beyond the reasonable control of a Party, and which makes a Party’s
performance of its obligations 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, flood 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 consultants or
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the time of
the conclusion of this Contract and (B) avoid or overcome in the carrying out
of its obligations here under.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
105
measures to remove such Party’s inability to fulfill its obligations hereunder
with a minimum of delay.
(e) A party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than fourteen (14)
days following the occurrence of such event, providing evidence of the
nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(f) The Parties shall take all reasonable measures to minimize the consequences
of any event of Force Majeure.
2.7.5 Payments
During the period of their inability to perform the Services as a result to an event to
Force Majeure, the Consultants shall be entitled to be reimbursed for additional
costs reasonably and necessarily incurred by them during such period for the
purposes of the Services and in reactivating the Services after the end of such
period.
2.7.6 Consultation
Not later than thirty(30) days after the Consultants, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the
Parties shall consult with each other with a view to agreeing on appropriate
measures to be taken in the circumstances.
2.8 Suspension
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants here under if the Consultants fail to perform any of
their obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure, and
(ii) shall request the Consultants to remedy such failure with in a period not
exceeding thirty (30) days after receipt by the Consultants of such notice of
suspension.
2.9 Termination
106
the Consultants (except in the event listed in paragraph (f) below, for which there
shall be a written notice of not less than sixty (60) days), such notice to be given
after the occurrence of any of the events specified in paragraphs (a) through (f) of
this Clause2.9.1, terminate this Contract:
(b) if the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members becomes) insolvent or bankrupt or enter into
any agreements with their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or receivership whether
compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 8hereof;
(d) if the Consultants submit to the Client a statement which has a material effect
on the rights, obligations or interests of the Client and which the Consultants
know to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the Client fails to pay any money due to the Consultants pursuant to this
contract and not subject to dispute pursuant to Clause 8 hereof within forty-
five(45) days after receiving written notice from the Consultants that such
payment is overdue;
(h) if the Client is in material breach of its obligations pursuant to this Contract
and has not remedied the same within forty-five (45) days (or such longer
period as the Consultants may have subsequently approved in writing)
following the receipt by the Client of the Consultants’ notice specifying such
breach;
(i) if, as the result of Force Majeure, the Consultant are unable to Performa
107
material portion of the Services for a period of not less than sixty (60) days;
or
(j) if the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 8 hereof.
(i) such rights and obligations as may have accrued on the date of termination or
expiration,
(ii) the obligation of confidentiality set forth in Clause 3.3 here of,
(iii) The Consultant’s obligation to permit inspection, copying and auditing of
their accounts and records set forth in Clause 3.6 (ii) hereof, and (iv)any right
which a Party may have under the Applicable Law.
If either Party disputes whether an event specified in paragraphs (a) through (e) of
Clause 2.9.1 or in Clause 2.9.2 hereof has occurred, such Party may, within forty-
108
five(45) days after receipt of notice of termination from the other Party, refer the
matter to arbitration pursuant to Clause 8 hereof, and this Contract shall not be
terminated on account of such event except in accordance with the terms of any
resulting arbitral award.
3.1 General
The Consultants shall perform the Services and carry out their obligations here under
with all due diligence, efficiency and economy, in accordance with generally
accepted professional techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe and effective
equipment, machinery, materials and methods. The Consultants shall always act, in
respect of any matter relating to this Contract or to the Services, as faithful advisers
to the Client, and shall at all times support and safeguard the Client's legitimate
interests in any dealings with Sub consultants or Third Parties.
The Consultants shall perform the Services in accordance with the Applicable Law
and shall take all practicable steps to ensure that any Sub consultants, as well as the
Personnel and agents of the Consultants and any Sub consultants, comply with the
Applicable Law. The Client shall advise the Consultants in writing of relevant local
customs and the Consultants shall, after such notifications, respect such customs.
The remuneration of the Consultants pursuant to Clause 6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and
the Consultants shall not accept for their own benefit any trade commission, discount
or similar payment in connection with activities pursuant to this Contract or to the
Services or in the Discharge of their obligations hereunder, and the Consultants shall
use their best efforts to ensure that any Sub consultants, as well as the Personnel and
agents of either of them, similarly shall not receive any such additional remuneration.
The Consultants agree that, during the term of this Contract and after its termination,
the Consultants and any entity affiliated with the Consultants, as well as any Sub
consultant and any entity affiliated with such Sub consultant, shall bed is qualified
from providing goods, works or services (other than the Services and any
continuation thereof) for any project resulting from or closely related to the Services.
(a) During the term of this Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to them
under this Contract; or
(b) After the termination of this Contract, such other activities as may be specified in
the SC.
3.3 Confidentiality
The Consultants, their Sub consultants and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract,
disclose any proprietary or confidential information relation to the Project, the
Services, this Contract or the Client's business or operations without the prior written
consent of the Client.
Subject to additional provisions, if any, set forth in the SC, the Consultants' liability
under this Contract shall be as provided by the Applicable Law.
The Consultants (i) shall take out and maintain, and shall cause any Sub consultants
to takeout and maintain, at their (or the Sub consultants', as the case may be) own
cost but on terms and conditions approved by the Client, insurance against the risks,
and for the coverage, as shall be specified in the Special Conditions (SC), and (ii) at
the Client's request, shall provide evidence to the Client showing that such insurance
has been taken out and maintained and that the current premiums therefore have
been paid.
The Consultants (i) shall keep accurate and systematic accounts and records in
respect of the Services hereunder, 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 bases thereof (including the bases of the Consultants'
costs and charges), and (ii) shall permit the Client or its designated representative
periodically, and up to one year from the expiration or termination of this Contract,
to inspect the same and make copies there of as well as to have them audited by
auditors appointed by the Client.
The Consultants shall obtain the Client's prior approval in writing before taking any
of the following actions:
110
(a) appointing such members of the Personnel as are listed in Appendix-B;
(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
Client prior to the execution of the subcontract, and (ii) that the Consultants
shall remain fully liable for the performance of the Services by the Sub-
consultant and its Personnel pursuant to this Contract;
(c) Any other action that may be specified in the SC.
The Consultants shall submit to the Client the reports and documents specified in
contract agreement here to, in the form, in the numbers and within the time periods
set forth.
All plans, drawings, specifications, designs, reports and other documents prepared by
the Consultants in performing the Services shall become and remain the property of
the Client, and the Consultants shall, not later than upon termination or expiration of
this Contract, deliver all such documents to the Client, together with a detailed
inventory thereof. The Consultants may retain a copy of such documents.
Restrictions about the future use of these documents shall be as specified in the SC.
4. CONSULTANTS' PERSONNEL
4.1 General
(a) The payment shall be made in Indian Rupees as per the payment schedule.
111
Billing and payments in respect of the Services/deliverable/milestone shall be made as
follows:-
(a) That no mobilization advance or any advance payment shall be made and payment
shall be made as per the schedule given below:-
(c) Package wise/link wise deliverable payment shall be considered as per the milestone
after acceptance of deliverable by FMDA.
(d) The final payment under this Clause shall be made only after the final report and a
final statement, identified as such, shall have been submitted by the
Consultants/agencies and approved as satisfactory by the Client. The Services/report
shall be deemed completed and finally accepted by the Client and the final report
and final statement shall be deemed approved by the Client as satisfactory one
hundred and eighty (180) calendar days after receipt of the final report and final
statement by the Client unless the Client, within ninety (90) day period, gives
written notice to the Consultants specifying in detailed deficiencies in the Services,
the final report or final statement. The Consultants shall thereupon promptly make
any necessary corrections, and upon completion of such corrections, the fore going
process shall be repeated. Any amount which the Client has paid or caused to be
paid in accordance with this Clause in excess of the amounts actually payable in
accordance with the provisions of this Contract shall be reimbursed by the
Consultants to the Client within thirty (30) days after receipt by the Consultants of
notice thereof. Any such claim by the Client for reimbursement must be made
within twelve (12) calendar months after receipt by the Client of a final report and a
final statement approved by the Client in accordance with the above.
112
(e) All payments under this Contract shall be made to the account of the Consultants
specified in the SC.
An amount equivalent to 10% of the contract value shall be retained at the end of the
contract for accuracy of design and quantities submitted and the same will be
released after the completion/submission & acceptance of final report. The retention
money will however be released by the Client on substitution by Bank Guarantee of
the same amount valid up to the period as above.
6.3 Penalty
113
Topographic Surveys
a) The horizontal alignment does not match with ground condition.
1 b) The cross sections do not match with existing ground. 0.5 to 1.0
c) The co-ordinates are defective as instruments of desired accuracy
not used.
Geotechnical Surveys
a) Incomplete surveys
2 b) Data not analysed properly 0.5 to 1.0
c) The substrata substantially different from the actual strata found
during
construction.
3 Traffic data found to be varying by more than 25% on resurvey at a 0.2 to 0.5
later date, unless there are justifiable reasons.
4 Axle load data found to be varying by more than 25% on resurvey at 0.20 to 0.5
a later date, unless there are justifiable reasons.
7.3.3 Total amount of recovery from all penalties shall be limited to 10% of the Contract
value.
The Parties undertake to act in good faith with respect to each other’s rights under
this Contract and to adopt all reasonable measures to ensure the realization of the
objectives of this Contract.
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract 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 no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in accordance with
Clause 9 thereof.
8. SETTLEMENT OF DISPUTES
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the
other Party’s request for such amicable settlement may be submitted by either Party
for settlement in accordance with the provisions specified in the SC.
9. Change of Scope
115
9.2.1 Length of Bypass/realignment shall not be treated as additionality to the existing
length of the highway for the purpose of change/variation in length. Increase/decrease
in length on account of bypasses shall not be considered as change of scope. However,
the total length of the project highway (including bypasses and realignment) along the
finally approved alignment shall be compared with the indicative length in the RFP
for the purpose of variation. Arbitration clause.
9.2.2 Except as otherwise provided in this contract all question and dispute relating to the
meaning of the consultancy services, contractual obligations, specification, designs,
drawings and instruction herein before mentioned as to thing whatsoever in any way
arising out of or relating to the contract deliverables, designs, drawings, specification,
estimate, concerning the works, or the execution or failure to execute the same,
whether arising during the progress of the work, or a after the abandonment there of
shall be referred to the Chief Engineer of FMDA for his/her decision, within a period
of 30 (thirty) days of such an occurrence (s). There upon the Chief Engineer shall give
his written instructions and/or decisions, after hearing the contractor and FMDA
within a period of 15 (fifteen) days of such request. This period can be extended by
mutual consent of parties. Upon receipt of written instructions or decisions, of CE,
FMDA the parties shall promptly proceed without delay to comply such instructions
or decisions. If the CE, FMDA fails to give his instruction or decisions in writing
within a period of 15 (fifteen) days or mutually agreed time after being requested
and/or, if the party (es) is/are aggrieved against the decision of the CE, FMDA, the
aggrieved party may within 30 days prefer an appeal to the CEO, FMDA, who shall
afford an opportunity to the parties of being heard and to offer evidence in support of
his appeal. The CE, will give his decision within 30 (thirty) days, or such, mutually
agreed period. If any party is not satisfied with the decision of the CE, FMDA, it can
request for an arbitration for resolving the dispute as per THE ARBITRATION AND
CONCILIATION ACT, 1996 and THE ARBITRATION AND CONCILIATION
(AMENDMENT) ACT, 2015. A reference to Arbitration Tribunal shall be no ground
for not continuing the work on the part of the Contractor. Payment as per original
terms and condition of the agreement shall be continued by the Engineer in Charge.
116
Appendix-I
Format for Bank Guarantee for Performance Security
(For individual work)
BANK GUARANTEE FOR PERFORMANCE SECURITY
To
Chief Executive Officer
Faridabad Metropolitan Development Authority, Room No.
204, 1st floor, HSVP Complex, Sector-12, Faridabad
Haryana.
117
right which they might have against the consultant and to exercise the same at any time in
any manner, and either to enforce or to forbear to enforce any covenants, contained or
implied, in the Contract between the Client and the Consultant any other course or remedy
or security available to the Client. The bank shall not be relieved of its obligations under
these presents by any exercise by the Client of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission or commission on the part of the Client or any other indulgence shown by the
Client or by any other matter or thing whatsoever which under law would but for this
provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall been titled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee that the Client may have in
relation to the Consultant’s liabilities.
118
Appendix J : Reply to Queries of the Bidder
119
APPENDIX-VII
General Details
Project Name
Consultant's Name
Date of Review
Project description
2.5 Yes ☐No ☐ NA ☐
Start and End Chainage
Village/District
Project location map
2.6 Yes ☐No ☐ NA ☐ NA
On StateMap
On DistrictMap
2.7 Site photos and data of project alignment Yes ☐No ☐ NA ☐ NA
120
Overview of existing pavement
conditions
2.9 Number of Lanes Yes ☐ No ☐NA ☐
Type of Pavement
(Flexible/Rigid/Surfaced/
Un surfaced)
121
5 Performa for data collection Yes ☐ No ☐ NA ☐ NA
123
DPR Checklist – Stage 2 – Feasibility Report
General Details
Project Name
Consultant's Name
Date of Review
124
Current and Projected TVU Yes ☐ No ☐ NA ☐
6.5
Geological Survey
Yes ☐ No ☐ NA ☐ N
7.4
Geological Map of the Area A
Seismicity
Climatic Conditions
Yes ☐ No ☐ NA ☐ N
7.5
Temperature A
Rainfall
Wind
125
Pavement composition and condition Yes ☐ No ☐ NA ☐ N
7.6
survey as per IRC:SP:19 A
126
Bore holes dug for every pier and Yes ☐No ☐ NA ☐ N
8.2
abutment A
127
Sources of Manufactured Items specified
10.3 Yes ☐No ☐ NA ☐ NA
Details of suppliers with distance
from project site
Cost of material/transportation
Sources of water for construction Yes ☐No ☐ NA ☐ NA
10.4
specified as per IS: 456
☐
Initial social assessment/ preliminary Yes ☐No ☐ N NA
12
LA resettlement plan A
☐
Analysis basis Initial Environment Yes ☐No ☐ N NA
12.1
Examination in IRC: SP: 19 A
☐
Details of consultation with potentially Yes ☐No ☐ N NA
12.2
affected persons A
☐
Names/ Details of consultation with local Yes ☐No ☐ N
12.3
NGOs A
☐
Names/ Details of consultation with Yes ☐No ☐ N
12.4
municipal authorities A
☐
12.5 Preliminary resettlement plan Yes ☐No ☐ N NA
A
☐
12.6 Any other details relevant to the project Yes ☐No ☐NA ☐ NA
128
13 Cost estimates Yes ☐No ☐NA NA
☐
13.1 Item rates and rate analysis Yes ☐No ☐NA NA
☐
13.2 Escalation Yes ☐No ☐NA NA
☐
14 Economic and financial analysis Yes ☐No ☐NA NA
☐
14.1 Estimated cost details Yes ☐No ☐NA NA
☐
14.2 Projected revenues details Yes ☐No ☐NA NA
☐
14.3 Assumptions stated Yes ☐No ☐NA NA
☐
Analysis and results (IRR, Yes ☐No ☐NA NA
14.4
Sensitivity Analysis, Financial ☐
Viability)
15 Strip plan and Alignment Yes ☐No ☐NA NA
☐
Details of center line of Yes ☐No ☐NA NA
15.1
proposed highway ☐
129
Length of the project along proposed Yes ☐ No ☐ NA
16.3
alignment options ☐
130
Report reviewed for errors and omissions Yes ☐ No ☐ NA NA
21.3
☐
131
132
DPR Checklist – Stage 3 – LA and Clearances I Report (Pavements)
General Details
Project Name
Consultant's Name
Date of Review
133
Requirement for wildlife clearance Yes ☐No ☐ NA ☐ NA
4.1
identified
134
Name/ Details of consultation with local Yes ☐No ☐ NA ☐
6.3
authority/ people
135
Initial consultation with competent Yes ☐No ☐NA ☐ NA
8.2
authority
136
10.11 Review of 3A notification by client Yes ☐No ☐NA ☐ NA
11.3 Report reviewed for errors and omissions Yes ☐No ☐NA ☐ NA
137
Annexure 1 to 10
Annexure 1
Qualification Information:-
1.1 (A) Constitution or legal status of Bidder
[attach copy]
(B) Place of registration of Firm/
Company
(in case of other than individuals)
(C) Principal place of business:
(D) Name of Power of attorney holder
for Signing of the Bid.
(bidder)[attach copy]
1.2 Total annual volume of consultancy Financial (Rs. in crores)
work executed and Payments Year Turnover in Add for Total
received each year in the immediate the year indexing
five years preceding the year in
which tenders are invited. (Attach
certificate from Chartered
Accountant)- indexed @ 10% (ten
per cent) compounded per year
Proprietary firm. Partnership firm with the certificate of registration by registrar of firms &
article and Memorandum of Association with Certificate of Incorporation.
Mention and highlight the year, which the Bidder considers for evaluation by the committee.
Signature:
Bidder’s Seal
138
ANNEXURE-2
BANKERS CERTIFICATE
(Name and Address of the Issuing Bank)
Solvency Certificate
This is to state that to the best of our knowledge and information M/s
................................................................................................................, customer of our Bank, is
respectable and can be treated as good up to a sum of Rupees ......................................................
(Rupees in words).
It is certified that this information is furnished without any risk and responsibility on our part in any
respect whatsoever more particularly either as guarantor or otherwise. This certificate is issued at the
specific request of the customer.
Note: The original letter of credit shall be submitted in Envelope ‘B’ to the Employer without fail.
The solvency certificate should not be more than twelve months old. The solvency certificate shall be
on Banks Letter Head (original) and duly signed by the Banks Designated Authority in Original. The
solvency Certificate shall be as per the prescribed format or as per the standard format of their
respective bank.
139
Anneuxre-3
INFORMATION ON EXECUTION OF SIMILAR WORKS [REFER ELIGIBILITY/QUALIFICATION CRITERIA, Sr .NO.1]
S. Name of Name of Value of Contract Date of Issue Stipulated Date Actual Date of Value of Remarks
No. Project Employer contract No. of Work of Completion Completion work done Remarks
Order explaining reasons
for Delay, if any;
and the amount of
deductions due to
delay. Also
mention if any
claim or dispute is
pending in any
forum.
1 2 3 4 5 6 7 8 9 10
Note:-
1. Attach relevant certificates from the Engineer in charge, not below the rank of Executive
Engineer or equivalent
2. Bidder may attach certified copies of work order(s) and completion certificate issued by
the Engineer in Charge not below the rank of an Executive Engineer.
3. The Supporting documents (completion certificate etc) shall clearly indicate the value of
work completed.
Signature:-
Bidder Seal
140
ANNEXURE-4
Work performed on all classes of similar consultancy Works over the last seven years
S Name of Name of Descriptio Value Contract Date of Stipulated Actual Date Year wise value of Remarks
No Project Employer n of work of No. Issue of Date of of work done as per explainin
contract Work Completion Completion certificate g reasons
(Rs.in Order for Delay,
Lacs) if any;
and the
amount of
deduction
s due to
delay
Also
mention
if any
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
claim or
dispute is
pending
in any
forum.
NOTE:-
i. Attach relevant certificates from the Engineer in charge, not below the rank of Executive
Engineer or equivalent
ii. Bidder may attach certified copies of work order(s) and completion certificate(s) issued by
Engineer in charge not below the rank of Executive Engineer.
iii. The Supporting documents (completion certificate etc) shall clearly indicate the value of
work completed.
Signature:
Bidders seal
141
ANNEXURE-5
Existing commitments and ongoing works in all classes of similar consultancy works
S. Name Description Contract Name & Value of Date of Stipulated Date of Stipulated Anticipate d Value of Probable Anticipate d Value of
No of of work No address contract Issue of Completion period of date of work done value of months claims
. Project &Year of the Work completio completion up to works required for or
employer Order n in th balance to completion dispute
months e date of be of balance if any,
issue of completed works pending
this N.I.T
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Note: The Supporting documents (completion certificate etc) shall clearly indicate the value of work
completed
142
Annexure-6
Information regarding current claims, arbitration, litigation the Bidder is involved in.
S. Name of Agreement No. Brief of cause of Where Litigation is pending (in Amount
No. Other Date year and claims, arbitration the department involved/
party(s) Dept. /dispute /Court/arbitration) (mention claimed
(give reference of Dept./Court/Arbitration)
contract details )
143
Annexure-7
Affidavit
I,………………………………S/o…………………………………………………………….....Aged
………………..years……………………………………..……………………..…………(Address……
……………………………………………………………………………………………………………
………………………………………………………………..) For and on behalf of
……………………………………………………………………………………...), do here by and
herewith solemnly affirm / state on oath that:
1. All documents and Information’s furnished are correct in all respects to the best of my
knowledge and belief.
2. I/We have not suppressed or omitted any required/relevant information.
3. I/We is neither associated, nor has been associated, directly or indirectly, with the
Consultant or any other entity that has prepared the design, specifications, and other
documents for the Project or being proposed as Project Manager for the Contract.
4. I/We hereby authorize the Faridabad Smart City Limited, Faridabad Officials to get all
the documents submitted verified from appropriate source(s)
(……………………………..)
Authorized signatory / for and on behalf of
………………….
(Affix seal)
144
ANNEXURE-8
-NO – BLACKLISTING DECLARATION
[On the letter head of the organization]
No – Blacklisting Declaration
This is to certify that we, ---------------------- (Name of the organization), having registered office at ----------------
--- (Address of the registered office), as on date of submission of the proposal, have not been blacklisted by any
Government entity (Central or State Government or PSU) in India or is under a declaration of ineligibility for
fraudulent or corrupt practices by any Government entity (Central or State Government or PSU) in India.
Signature:
Designation
145
SECTION 9
PRE CONTRACT INTEGRITY PACT
(To be submitted on Rs 100 Stamp Paper)
1. General
1.1 This pre-bid contract agreement (herein after called the Integrity Pact) is made on ………..day of
the month …………..between the Faridabad Metropolitan Development Authority (FMDA) acting
through Shri/Smt………. (Designation of the FMDA officer)(Hereinafter called the “BUYER”
which expression shall mean and include, unless the context otherwise requires, his successors in
the office and assigns) and the First Party, proposes to procure..................................... (Name of the
Store/Equipment/ Work/ Service) and M/s. ……….............represented by Shri ……......................
(herein after called the BIDDER/Seller, which expression shall mean and include, unless the
context otherwise requires, his successors an permitted assigns) and the Second Party, is willing to
offer/ has offered.
1.2 WHEREAS the BIDDER is a Private Company/ Public Company/ Government Undertaking/
Partnership/ Registered Export Agency, constituted in accordance with the relevant law in the
matter and the BUYER, performing its function as SPV under provision of Companies Act 2013.
2 OBJECTIVES:- NOW, THEREFORE, the BUYER and the BIDDER agree to enter into this pre-
contract agreement, hereinafter referred to as Integrity Pact to avoid all forms of corruption by
following a system that is fair, transparent and free from any influence/ prejudiced dealings prior to
,during and subsequent to the Contract to be entered into which a view to:
2.1 Enabling the BUYER to obtain the desired Stores/ Equipment/Work/Service at a competitive price
in conformity with the defined specifications by avoiding the high cost and the distortionary impact
of corruption on public procurement, and
2.2 Enabling BIDDER to abstain from bribing or indulging in any corrupt practices in order to secure
the contract by providing assurance to them that their competitors will also abstain from bribing
any corrupt practices and the BUYER will commit to prevent corruption, in any form, by its
official by following transparent procedures.
3 COMMITMENTS OF THE BUYER:-
The BUYER commits itself to the following:-
3.1 The BUYER undertakes that no official of the BUYER connected directly or indirectly with the
contract, will demand, take promise for or accept, directly or through intermediaries, any bribe,
consideration, gift, reward, favour or any material or immaterial benefits or any other advantage
from the BIDDER, either for themselves or for any person, organization or third party related to
the contract in exchange for an advantage in the bidding process, bid evaluation , contracting or
implementation process related to the contract.
3.2 The BUYER will, during the pre-contract stage, treat BIDDERS alike, and will provide to all
BIDDERS the same information and will not provide any such information to any particular
BIDDER which could afford an advantage to that particular BIDDER in comparison to the other
BIDDERS.
146
3.3 All the officials of the BUYER will report the appropriate Government office any attempted or
completed breaches of the above commitments as well as any substantial suspicion of such a
breach.
3.4 In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to
the BUYER with the full and verifiable facts and the same prima facie found to be correct by the
BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal
proceedings may be initiated by the BUYER and such a person shall be debarred from further
dealings related to the contract process. In such a case while an enquiry is being conducted by the
BUYER the proceedings under the contract would not be stalled.
4 COMMITMENTS OF BIDDERS
The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means an illegal activities during any stage of its bid or during any pre-contract or pre-contract
stage in order to secure the contract or in furtherance to secure it and in particular commit itself
to the following:-
4.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage
or inducement to any official of the BUYER, connected directly or indirectly with the biding
process, or to any person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the contract.
4.2 The BIDDER further undertakes that it has not been given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage, or inducement to any official of the BUYER or otherwise
in procuring the Contract of forbearing to do or having done any act in relation to the obtaining or
execution of the contract or any other contract with the Government for showing or forbearing to
show favour or disfavour to any person in relation to the contract or any other contract with the
Government.
4.3 The BIDDER further confirms and declares to the BUYER that the BIDDER in the original
Manufacture/Integrator/Authorized government sponsored export entity of the stores and has not
engaged in individual or firm or company whether Indian or Foreign to intercede, facilitate or in
any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially
to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended
to be paid to any such individual, firm or company in respect of any such intercession, facilitation
or recommendation.
4.4 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing
the contract, shall disclose any payment he has made, is committed to or intends to make to
officials of the BUYER or their family members, agents, brokers or any other intermediaries in
connection with the contract and the details of services agreed upon for such payments.
4.5 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation contracting and
implementation of the contract.
147
4.6 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and
illegal activities.
4.7 The BIDDER shall not use improperly, for purpose of competition or personal gain, or pass on to
others, any information provided by the BUYER as part of the business relationship, regarding
plans, technical proposal and business details, including information contained in any electronic
data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such
information is divulged.
4.8 The BIDDER commits to refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts.
4.9 The BIDDER shall not instigate or cause to instigate any third person to commit any of the acts
mentioned above.
5 PREVIOUS TRANSGRESSION
5.1 The BIDDER declares that no previous transgression occurred in the last three years immediately
before signing this Integrity Pact with any other company in any country in respect of any corrupt
practices envisaged hereunder or with any Public Sector Enterprise in India or any Government
Department in India that could justify Bidder’s exclusion from the tender process.
5.2 If the BIDDER makes incorrect statement on this subject, BIDDER can be disqualified from the
tender process or the contract, if already awarded, can be terminated for such reasons.
148
any compensation to the BIDDER. However, the proceedings with the other BIDDER(S)
would continue
7.1.2 To forfeit fully or partially the Earnest Money Deposit (in pre-contract stage) and/ or Security
Deposit/ Performance Bond (after the contract is signed), as decided by the BUYER and the
BUYER shall not be required to assign any reason therefore
7.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the
BIDDER.
7.1.4 To recover all sums already paid by the BUYER, and in case of the Indian BIDDER with
interest thereon at 2% higher than the prevailing Prime Lending Rate while in case of a
BIDDER from a country other than India with interest there on at 2 % higher than the LIBOR.
If any outstanding payment is due to the BIDDER from the BUYER in connection with any
other contract such outstanding payment could also be utilized to recover the aforesaid sum
and interest.
7.1.5 To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by
the BIDDER, in order to recover the payments already made by the BUYER, along with
interest.
7.1.6 To cancel all or any other contracts with the BIDDER and the BIDDER all be liable to pay
compensation for any loss or damage to the BUYER resulting from such
cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from
the money(s) due to the BIDDER.
7.1.7 To debar the BIDDER from part on behalf of the participating in future bidding processes of
the Government of Haryana for a minimum period of five years, which may be further
extended at the discretion of the BUYER.
7.1.8 To recover all sums paid in violation of this Pact by BIDDER(S) to any middlemen or agent
or broken with a view to securing the contract.
7.1.9 In cases where irrevocable Letters of Credit have been received in respect of any contract
signed by the BIDDER, the same shall not be opened.
7.1.10 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly is closely related to any of the officers of the BUYER or
alternatively, if any close relative of an officer of the BUYER has financial interest/stake in
the BIDDER’S firm, the same shall be disclosed by the BIDDER at the time of filling of
tender. Any failure to disclose the interest involved shall entitle the BUYER to rescind the
contract without payment of any compensation to the BIDDER
The term ‘close relative’ for this purpose would mean spouse whether residing with the
Government servant or not, but include a spouse separated from the Government servant by a
decree or order of a competent court: son or daughter or custody the step son or step daughter
and wholly dependent upon Government servant, but does not include a child or step child
who is no longer in any way dependent upon the Government servant or of whose the
Government servant has been deprived of by or under any law; any other person related,
whether by blood or marriage, to the Government servant or to the Government servant’s wife
or husband and wholly dependent upon Government servant
7.1.11 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings
or transactions, directly or indirectly, with any employee of the BUYER, and if he does so, the
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BUYER shall be entitled forthwith to rescind the contract and all other contracts with the
BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the
BUYER resulting from such rescission and the BUYER shall be entitled to deduct the amount
so payable from the money(s) due to the BIDDER
7.2 The decision of the BUYER to the effect that a breach of the provisions of this pact has been
committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER
can approach the Monitor(s) appointed for the purpose of this Pact.
8 FALL CLAUSE
8.1 The BIDDER undertakes that it has not supplied/is not supplying similar product/ systems or
subsystems at a price lower than that offered in the present bid in respect of any other Department
of the Government of Haryana or PSU and if it is found at any stage that similar product/ systems
or sub systems was supplied by the BIDDER TO any other Department of the Government of
Haryana or PSU at a lower price, then that very price, with due allowance for elapsed time, will be
applicable to the present case and the difference in the cost would be refunded by the BIDDER to
the BUYER, if the contract has already been concluded
9 INDEPENDENT MONITORS
9.1 The BUYER will appoint Independent Monitors (hereinafter referred to as Monitors) for this Pact.
9.2 The task of the Monitors shall be to review independently and objectively, whether and to what
extent the parties comply with the obligations under this Pact.
9.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform
their functions neutrally and independently.
9.4 Both the parties accept that the Monitors have the fight to access all the documents relating to the
project/ procurement, including minutes of meetings. The Monitor shall be under contractual
obligation to treat the information and documents of the BIDDER/Sub Bidder(s) with
confidentiality.
9.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform
the Authority designated by the BUYER.
9.6 The Monitor will submit a written report to the designated Authority of BUYER/ Secretary in the
Department/ within 8 to 10 weeks from the date of reference or intimation to him by the
BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic
situations
10 FACILITATION OF INVESTIGATION
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the BIDDER and the BIDDER shall provide necessary information of the relevant
documents and shall extend all possible help for the purpose of such examination
11 LAW AND PLACE OF JURISDICTION
This Pact is subject to Indian Law, the place of performance and jurisdiction shall be the seat of the
BUYER
12 OTHER LEGAL ACTIONS
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The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the any other law in force relating to any civil or
criminal proceedings
13 VALIDITY
13.1 The validity of this Integrity Pact shall from the date of its signing and extend up to 5 years or
the complete execution of the contract to the satisfaction of both the BUYER and the
BIDDER/Seller whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire
after six months from the date of the signing of the contract.
13.2 If one or several provisions of this Pact turn out to be invalid; the remainder of this pact shall
remain valid. In such case, the parties will strive to come to an agreement to their original
intentions.
BUYER
BIDDER
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Annexure-9
Format for Power of Attorney for Lead Member of Consortium
Whereas the Faridabad Metropolitan Development Authority (FMDA) ("the Authority") has
invited bids from interested parties for the (Name of the Project *************). ("the
Project'').Whereas, and....................... (collectively the " Consortium") being Members of the
Consortium are interested in bidding for the Project in accordance with the terms and
conditions of the BID and other connected documents in respect of the Project, and whereas, it
is necessary for the Members of the Consortium to designate one of them as the Lead Member
with all necessary power and authority to do for and on behalf of the Consortium, all acts,
deeds and things as may be necessary in connection with the Consortium's bid for the Project
and its execution:-
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We,................. Having our registered office at . ...................... M/s............. ..........., having our
registered office at ..................., and M/s.... ................., having our registered office at
........................., (hereinafter collectively referred to as the "Principals") do hereby irrevocably
designate, nominate, constitute, appoint and authorize M/s.. .................., having its registered
office at.................., being one of the Members of the Consortium as the Lead Member and
true and lawful attorney of the Consortium (hereinafter referred to as the ''Attorney'') and
hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business
for and on behalf of the Consortium and any one of us during the bidding process and in the
event the Consortium is awarded the Concession/ Contract, during the execution of the
Project, and in this regard, to do on our behalf and on behalf of the Consortium, all or any or
such acts, deeds or things as are necessary or required or incidental to the submission of its bid
for the Project, including but not limited to signing and submission of all applications, bids
and other documents and writings, accept the Letter of Award. participate in bidders' and other
conferences, respond to queries, submit information/ documents, sign and execute contracts
and undertakings consequent to acceptance of the bid of the Consortium and generally to
represent the Consortium in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of the
Consortium's bid for the Project and/ or upon award thereof till the Concession MOU is
entered into with the Authority.
And hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to
have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS................. DAY OF ............... 20…..
For
(Signature, Name & Title)
For
(Signature, Name & Title)
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For
(Signature, Name & Title)
Witness
1……….
2………..
(Executants)
(To be executed by all the Members of the Consortium)
Notes:-
The mode of execution of the Power of Attorney should be in accordance with the
procedure, ({any, laid down by the applicable law and the charter documents of the
executant(S) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favor of the
person executing this Power of Attorney .for the delegation of power hereunder on
behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention, 1961 are not required to be
legalized by the Indian Embassy ({ it carries a conforming Appostille certificate.
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Format for Joint Bidding MOU for Consortium
To be executed on Stamp paper of (appropriate value)
THIS JOINT BIDDING MOU is entered into on this the ............ day of ............ 20......
AMONGST
1. { ........... Limited, and having its registered office at ............} (hereinafter referred to as the "First
Part” which expression shall, unless repugnant to the context include its successors and permitted
assigns.
AND
2. {. ..... .... .. Limited, having its registered office at ............} and (hereinafter referred to as the
"Second Part" which expression shall, unless repugnant to the context include its successors and
permitted assigns)
AND
3. {............ Limited, and having its registered office at ............} (hereinafter referred to as the
"Third Party" which expression shall unless repugnant to the context include its successors and
permitted assigns).
The above-mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively referred to
as the "Parties" and each is individually referred to as a "Party
WHEREAS,
A. FARIDABAD METROPOLITAN DEVELOPMENT AUTHORITY, established under the
companies Act 2013, represented by its Chief Engineer Mobility Division, and having its principal
offices at Room No. 204, 1st floor, HSVP Complex, Sector-12, Faridabad Haryana - 121001,
(hereinafter referred to as the "Authority" which expression shall. Unless repugnant to the context
or meaning thereof, include its administrators, successors and assigns) has invited bids (the Bids")
by its BID No............. date.......... (the "BID") for award of contract for (Name of the Project
*********) on Annuity Payment Mode (the Project").
B. The Parties are interested in jointly bidding for the Project as members of a Consortium and in
accordance with the terms and conditions of the BID document and other bid documents in respect
of the Project, and.
C. It is a necessary condition under the BID document that the members of the Consortium shall enter
into a Joint Bidding MOU and furnish a copy thereof with the Bid.
D. NOW IT IS HEREBY AGREED as follows
E. 1. Definitions and Interpretations
F.
G. In this MOU, the capitalized terms shall, unless the context otherwise requires, have the meaning
ascribed thereto under the BID.
H. 2. Consortium
I. 2.1 The Parties do hereby irrevocably constitute a Consortium (the "Consortium") for the purposes
of jointly participating in the Bidding Process for the Project.
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J. 2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/ or through any other Consortium constituted for this Project,
either directly or indirectly or through any of their Associates.
K. 3. Role of the Parties
L.
M. The Parties hereby should declare their respective roles and responsibilities that shall be
undertaken during the course of the contract period in their BID’s.
N. 4. Joint and Several Liability
O. The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms of the BID.
P. 5. Representation of the Parties
Q.
R. Each Party represents to the other Parties as of the date of this MOU that:
S. (a) Such Party is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this MOU;
T.
U. (b) The execution, delivery and performance by such Party of this MOU has been authorized by all
necessary and appropriate corporate or governmental action and a copy of the extract of the charter
documents and board resolution/ power of attorney in favor of the person executing this MOU for
the delegation of power and authority to execute this MOU on behalf of the Consortium Member
is annexed to this MOU, and will not, to the best of its knowledge:
V. (i) require any consent or approval not already obtained;
W. (ii) Violate any Applicable Law presently in effect and having applicability to it;
X. (iii) Violate the memorandum and articles of association, by-laws or other Applicable
organizational documents thereof;
Y. (iv) Violate any clearance, permit, concession, grant, license or other governmental authorization,
approval, judgment, order or decree or any mortgage agreement, indenture or any other instrument
to which such Party is a party or by which such Party or any of its properties or assets are bound or
that is otherwise applicable to such Party; or
Z. (v) create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or
mortgage in or on the property of such Party, except for encumbrances that would not, individually
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or in the aggregate, have a material adverse effect on the financial condition or Prospects or
business of such Party so as to prevent such Party from fulfilling its obligations under this MOU;
AA. (b) This MOU is the legal and binding obligation of such Party, enforceable in accordance with
its terms against it; and there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently affects or which would have a
material adverse effect on the financial condition or prospects or business of such Party in the
fulfilment of its obligations under this MOU.
BB.
CC. 8. Termination
DD. This MOU shall be effective from the date hereof and shall continue in full force and effect
until the completion of the work in accordance with the Contract MOU, in case the Project is
awarded to the Consortium. However, in case the Consortium is either not pre-qualified for the
Project or does not get selected for award of the Project, the MOU will stand terminated in case the
Applicant is not pre-qualified or upon return of the Bid Security by the Authority to the Bidder, as
the case may be.
EE.9. Miscellaneous
FF. 9.1 This Joint Bidding MOU shall be governed by laws of {India}.
GG. 9.2 The Parties acknowledge and accept that this MOU shall not be amended by the Parties
without the prior written consent of the Authority.
HH. IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND
DELIVERED THIS MOU AS OF THE DATE FIRST ABOVE WRITTEN.
II. SIGNED, SEALED AND DELIVERED SIGNED. SEALED AND DELIVERED
JJ. For and on behalf of
LEAD MEMBER by: (Signature)
SECOND PART (Name)
(Signature) (Designation)
(Name) (Address)
(Designation)
(Address)
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Tentative Alignment
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