GOVERNMENT OF WEST BENGAL REQUEST FOR PROPOSALS

GOVERNMENT OF WEST BENGAL WEST BENGAL STATE MARKETING BOARD

REQUEST FOR PROPOSALS (RFP No. WBSMB-DSC-01)

Project Name

Construction of Krishak Bazars

Title of the Assignment

Consultancy Services for Design and Construction

Supervision of 95 Numbers of Krishak Bazars in 18 Districts of West Bengal

Chief Executive Officer WEST BENGAL STATE MARKETING BOARD

Government Of West Bengal 729 Anandapur, Kolkata 700107

Tel: 91 (33) 24430071; Fax: 91 (33) 24430022 E-Mail: [email protected]

Date: 15-12-2012

mailto:[email protected]

PART- I

West Bengal State Marketing Board

CONTENT

Pages

Section-1: Letter of Invitation 1 Section-2: Instructions ToConsultants 2

A General 2 1. Scope Of Proposal 2 2. Source Of Funds 2 3. Eligible Bidders 2 4. Conflict Of Interest 2 5. One Proposal Per Consultant 3 6. Cost Of Preparing And Submission of Proposal 3 7. Site Visit 3

B Request ForProposal (RFP) 3 C Preparation And Submission Of Proposal 4 D Opening And Evaluation of Proposal 7

Section 3 Technical Proposal - Standard Forms 12 FORM- T1: Technical Proposal Submission Letter 12 FORM-T2: Organizational Set Up And Specific Experience Of The Consultant (As A Firm) 14 Form-T3: Description Of Approach And Methodology 15 Form- T4: Work Plan 15 Form-T5: Team Composition, Assignment, And Key Experts’ Inputs 15 Form T6: Curriculum Vitae (CV) 16 Form-T7: Comments And Suggestions On The Terms Of Reference 17 Section-4: Financial Proposal - Standard Forms 18 Form F1: Financial Proposal Submission Form 18 Form F2: Breakdown Of Lump-Sum Cost 19 Form F3: Cost Of Geo-Technical Investigation (Provisional Sum) 20

Section- 5: Terms Of Reference 21


1

Consultancy Services in Design and Construction Supervision– Request for Proposal

SECTION-1

Letter of Invitation

Notice Inviting Proposal (RFP)No. WBSMB/CEO/Consultancy-1/2012-2013 Date : 27/12/2012 The West Bengal State Marketing Board (WBSMB), a statutory body constituted under Sec. 36 of the West Bengal Agricultural produce Markeing (Regulation Act 1972) intends to implement 95 numbers of identical Krishak Bazar in 18 districts by December 2014. The Program comprises mainly two components; Part A: Survey, investigation and preparation of DPR for each unit of the Krishak Bazar and Part B: Preparation of detailed design with construction drawings and supervision of construction activities of the units involving building and road infrastructures including assocoated water supply, plumbing, sanitation, solid waste management, mechanical , elctrical and fire fightingservices, in accordance with specifications enumerated in the DPR. While the services under Part A are in progress, WBSMB intends to execute the services under Part B through a competent consulting organization. The Chief Executive Officer (CEO) , (WBSMB) now invites reputed national eligible consulting firms having adequate experience in the works envisage d under Part-B to submit their detailed technical and lump sum financial proposal in accordance with the terms and conditions (ToR) and in the formats prescribed in the Request for Proposal (RFP), to be collected from the office of the CEO, WBSMB at the address given below. The RFP is also available in the project website <www.wbagrimarketingboard.gov.in>. Consultants may associate to enhance their qualifications. Interested consultants may contact to the Project Engineer to obtain further information at the address below on working days between 10-00 and 15-00 hours. The selection of Consultant will be done on the basis of Quality of the technical proposal and Cost. WBSMB reserves the right to accept or reject any / all proposals without assigning any reason. The proposals should reach the office of the CEO, WBSMB , not later than 15-00 hours of 21-01-2013.Late submissions of proposal would be rejected.

S. K.Biswas, IAS Chief Executive Officer

West Bengal State Marketing Board 729,P.O- Anandapur, P.S- Tiljala,Kolkata- 700 107.

Telephone - +91-33-24430071; Fax - +91-33-24430022 Email: [email protected]

http://www.wbagrimarketingboard.gov.in/


2


Section-2: Instructions to Consultants (ITC)

A. General

1. Scope of Proposal 1.1 The Chief Executive Officer, WBSMB (Employer) invites consultancy proposal for „‟Preparation of detailed design with construction drawings and supervision of construction activities of 95 units of Krishak Bazar in 18 districts of the state. Each unit of the Krishak Bazar comprises building and road infrastructures including assocoated water supply, plumbing, sanitation, solid waste management, mechanical, electrical and fire fighting services, as described in Section-5: Terms of Reference (ToR) of the document. 2. Source of Funds 2.1 The Government of West Bengal has decided to undertake the works of construction of Krishak Bazar through state budget and other sources, through the Employer. 3. Eligible Bidders 3.1 This Invitation for proposal is open to all Consultants of Indian nation having established at least 15 years before the deadline of submission of proposal with due registration under Company‟s Act and achieving a minimum of Rupees One Crore of annual turnover in each of the last three financial years. The bidders must have at least 10 (ten) years of experience in handling similar assignment to become eligible for bidding for this assignment. 3.2 The consultant shall furnish a written power of attorney of the signatory of the Bid to commit the Bidder on behalf of the firm to become eligible for bidding. 3.3 The Consultant shall not be under a declaration of ineligibility for corrupt and fraudulent practices by the Central Government, the State Governments or any public undertaking, autonomous body, authority by whatever name called under the Central or the State Governments. 3.4 Government-owned enterprises or institutions shall not be eligible, unless they are legally and financially autonomous bodies operating under commercial laws of the country and are not dependent on the Client or any of its operating agencies. The Consultant shall furnish all relevant documents in support of its being eligible in this regard along with its technical proposal. 3.5 The Consultant shall furnish copies of valid up to date Professional Tax Registration Certificate, Service Tax certificate, PAN Card, current Income Tax Return Acknowledgement Receipt issued by Income Tax Department, P. Tax Challan, in respect of the firm to establish its eligibility. 4.0 Conflict of Interest 4.1 It would be obligatory for the Consultants to disclose any sort of actual or potential conflict of interest, failing which the proposal may be disqualified or the contract may be terminated. 4.2 No staff or agency currently working in the Government shall be engaged by the consultant for this assignment without prior written approval of WBSMB. 4.3 No person of the Consultant (including joint venture partner or sub-consultants) having close relationship with the Client‟s staff that has been directly or indirectly involved in Preparation of the ToR, evaluation of proposals and selection of the Consultant shall be engaged by the Consultant.


3


5. One proposal per Consultant 5.1 Only one Proposal shall be submitted by a Consultant (including JV). In case a consultant submits more than one proposal as sole or in joint venture all such proposals shall be rejected. However, a Sub-consultant, or the Consultant‟s proposed staff in one proposal may participate in more than one proposal if the same is found justified by the Client.

6. Cost of preparing and submission of proposal

6.1 The Consultant (including Joint Venture) shall bear all costs associated with the preparation and submission of his proposal, and the Employer will, in no case, be responsible or liable for those costs.

7. Site Visit

7.1 The Consultants, at their own cost and responsibility are encouraged to visit, examine and familiarise themselves with the Site of Works and its surroundings including source of water, roads, electricity, communication, etc. and obtain all information that may be necessary for preparing the proposal and entering into a contract for the assignment. The name and contact details of the person to guide the consultant in site visit may be collected from the office of the CEO, WBSMB.

B. Request for Proposal (RFP)

8. Content of RFP

8.1 This set of RFP comprises the following documents:

PART I Section-1: Letter of Invitation Section-2: Instructions to Consultants Section 3. Technical Proposal - Standard Forms Section 4.Financial Proposal - Standard Forms Section 5.Terms of Reference (ToR) PART II I. Form of Contract II.General Conditions of Contract III. Special Conditions of Contract IV. Appendices (a) Appendix-A: Terms of Reference (b) Appendix-B: Key Experts (c) Appendix-C: Breakdown of Contract Price (d) Cost Geo-technical investigation (Provisional Sum)

8.2 The Consultant is expected to examine carefully all instructions, conditions of contract, forms, terms of reference, etc. Failure to comply with the requirements of RFP Documents shall be at the Consultant‟s own risk. The proposals, which are not substantially responsive to the requirements of the RFP, shall be rejected.


4


C. Preparation and Submission of Proposal

9. Language of Proposal

9.1 All documents relating to the proposal and correspondence between the Consultant and the Client shall be in the language of English.

10. Clarification of Bidding Documents and Pre-bid Meeting

10.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing and submit through post, facsimile, or by e-mail at the Employer's address indicated in the Notice Inviting bid. The Employer will respond to any request for clarification received earlier than 10 days prior to the deadline for submission of bids. Copies of the clarification sought and Employer‟s response will be forwarded to all bidders without identifying its source.

10.2 A pre-bid meeting will be held on 07-01-2013 to clarify issues and answer questions on any matter that may be raised at that stage. The bidder or his authorised representative may attend the pre-bid meeting at their cost and responsibility.

10.3 Minutes of the meeting, including the text of the questions rose (without identifying the source of the enquiry) and the responses given will be transmitted to all intending bidders. Any modifications of the bidding documents which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum.

10.4 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.

11. Amendment of Bidding Documents

11.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda.

11.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing through Website.

11.3 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend, as necessary, the deadline for submission of bids.

12. Contents of Proposal

12.1 The contents of Consultant‟s proposal shall be in two parts:

Part I: Technical Proposal comprising of:

1. Power of Attorney to the person authorizing signing the Proposals on behalf of the firm; 2. FORM-T1: The Technical Proposal submission letter; 3. FORM-T2: Organizational Set up and Specific experience of the Consultant (as a firm) 4. FORM-T3: Description of Approach and Methodology 5. FORM-T4: Work Plan 6. FORM-T5: Team Composition, Assignment, and Key experts‟ inputs 7. FORM-T6: Curricula Vitae of Key personnel 8. FORM-T7: Comments and suggestions on the terms of reference


5


12.2 Qualification and experiences of the Consultants (as firm)- FORM-T2:

The Consultant shall provide a brief description of its organization and an outline of the recent experience in the relevant field. For JV, the information shall be furnished for each partner separately.

The information shall include:

(a) Background and organization set up of the company, (in case of a joint venture the information shall be provided for each member separately);

(b) Copies of original documents defining the constitution or legal status, place of registration, principal place of business and years of business;

(c) Annual turnover for three immediately past consecutive years (2009-10, 2010-11 & 2011-12)

(d) Organizational, structure,

(e) Qualification and experience of the organizational head,

(f) Number of technical staff and disciplines with qualification and experience and

(g) Information regarding any litigation or arbitration during the last three years in which the Consultant is involved, the parties concerned, the disputed amount, and the matter;

(h) Specific experience of the Consultant (as a firm) relevant to the subject assignment successfully completed in the last 10 (ten) years. The information shall be furnished for each assignment in following heads:

(i) Name of assignment and brief description of main deliverables; (ii) Name of Client and place; (iii) Duration of services (From –To); (iv) Approximate value of contract (in Indian National Rupees). In case of Joint Venture similar

information shall be provided for each member of the JV; (v) Actual amount received by the firm (in Indian National Rupees). In case of JV similar information

shall be provided for each member of the Joint venture. (i) Any other information/document/brochure to substantiate the qualification and experience of the of

the Consultant

Sub-Consultant's experience and resources shall not be taken into account in evaluating the Consultant’s proposal.

12.3. Methodology -FORM-T3

The Consultant shall describe the understanding of the objectives of the assignment responding to the ToR and explain its technical approach and methodology to be adopted in carrying out the given tasks.

12.4 Work Plan: FORM-T4

A description and scheduling the implementation plan of the main activities with duration of each such activities, interrelations, milestones, and tentative submission dates of the reports.


6


12.5 Personnel Input: FORM-T5

Structure and composition of the project implementation team, including the list of the Key Experts and support staff in relation to the work plan.

The Consultants to enhance strength may submit the proposals in Joint Venture or in association with sub-consultants.

12.6 Curricula Vitae of Key Personnel-FORM-T6

While general qualification of the expert will be provided, only the experience in the specific field, which will be helpful for the present assignment, shall be given.

12.7 Comments and suggestions on the terms of reference- FORM-7

Consultant shall provide positive suggestion, if any, to the ToR and also to the facilities to be provided by the client. The suggestions shall not however change the terms of reference or any stipulation of the RFP at this stage, but may be taken into consideration during contract negotiation with the successful consultant.

Part II : Financial Proposal comprising of:

1. FORM-F1: The Financial Proposal submission letter;

2. FORM-F2: Financial Proposal submission format as specified in Section 4;

3. FORM-F3: Financial proposal for provisional item (Geo-technical investigation).

13. Proposal Price

13.1 The proposal price shall be, a lump-sum percentage of the total construction cost of Krishak Bazars executed and certified through Consultant‟s services. (For guidance of the Consultants, the estimated construction cost per unit of Krishak Bazar may be considered about 500 Indian National Rupees.) In addition, the Consultant shall quote the price of geo-technical investigation as provisional sum in Financial Form F3.

13.2 The proposal price shall include all taxes, levies and duties except local service tax, which shall be paid separately to the Consultant as per prevailing rate.

13.3 The rates and prices quoted by the Consultant shall be subject to escalation for the remuneration of key experts and support staff only (Ref Contract clauses).

14. Currencies of Proposal Price

14.1 The prices shall be quoted by the Consultant in Indian National Rupees.

15. Proposal Validity

15.1 Proposal Bids shall remain valid for a period of 120 (one hundred and twenty) days after the deadline date for submission of proposal.


7


15.2 During this period, the Consultant shall maintain its original Proposal without any change, including the availability of the Key Experts, the proposed rates and the total price.

15.3 If it is established that any Key Expert nominated in the Consultant‟s Proposal was not available at the time of Proposal submission or was included in the Proposal without his/her confirmation, such Proposal shall be disqualified and rejected for further evaluation.

15.4 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders may extend the period of validity for a specified additional period. The request and the bidders‟ responses shall be made in writing or by facsimile/e-mail. The Consultant agreeing to the request will not be required or permitted to modify his bid.

16. Submission of Proposal

16.1 The proposal shall be submitted in one original and a copy marked “ORIGINAL”, and “COPY” as appropriate. The copy shall be made from the signed original. If there are discrepancies between the original and the copy, the proposal marked original shall be considered. 16.2 The original and the copy of the Technical Proposal shall be placed inside of a sealed envelope marked “TECHNICAL PROPOSAL”, “Name of the Assignment‟‟, „‟reference number‟‟, „‟name and address of the Consultant‟‟, and with a note, “DO NOT OPEN UNTIL 15-00 hrs of 21-01-2013 16.3 Similarly, the original and the copy of the Financial Proposal shall be placed inside of a sealed envelope marked “FINANCIAL PROPOSAL”, “name of the assignment‟‟, „‟reference number‟‟, „‟name and address of the Consultant‟‟, and with a note, “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” 16.4 The sealed envelopes containing the Technical and Financial Proposals shall then be placed into another envelope and sealed. This outer envelope shall bear the submission address, RFP reference number, the name of the assignment, Consultant‟s name and the address, and shall be clearly marked “DO NOT OPEN BEFORE 15-00 hours of 21-01-2013. 16.5In case of failure to seal the envelopes and markings as required, the Client will assume no responsibility for the misplacement, loss, or premature opening of the Proposal. 16.6 The Proposal or its modifications must be sent to the office of the CEO, WBSMB, 729,P.O- Anandapur, P.S-Tiljala, Kolkata- 700 107 and received by the Client no later than by 15-00 hours of 21-01-2013 or any extension to this deadline. Any Proposal or its modification received by the Client after the deadline shall be declared late and rejected, and promptly returned unopened.

16.7 The Employer may extend the deadline for submission of bids by issuing an amendment to notice inviting proposals.

D. Opening and Evaluation of Proposal

17. Opening of Technical Proposal

17.1 All technical proposals will be opened by a bid committee formed by the Employer. The same bid committee will also evaluate the technical and financial proposals of the consultants.

17.2 The bid committee will open the technical proposals received at the same place on 21-01-2013 at 15-30 hours in the presence of the Consultants/Consultant‟s representatives who wish to attend at the time, date and place specified in Clause 16.6.In the event of the specified date for submission and


8


opening of bids being declared a holiday for the Employer, the Bids will be submitted and opened at the same time and place on the immediate next working day.

17.3 The bid committee will prepare minutes of the Bid opening, including the information disclosed to those present.

18. Evaluation of Technical Proposal

18.1 Evaluation of the technical proposals with respect to qualification and experience information and other information furnished in Part I of the bid, shall be taken up and only the responsive and eligible bids as per Clause 3 of ITC will be taken in to consideration. The non-responsive and non-eligible bids will be returned to the bidders after finalization of the contract.

18.2 The Client‟s evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and the RFP, applying the evaluation criteria, sub-criteria, and point system specified as follows: Each responsive proposal will be given a technical score. A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP or if it fails to achieve the minimum technical score.

18.3 Evaluation Criteria The evaluation of the technical bids of the responsive bidders shall be carried out under following criteria and point system;

Points (i) Specific experience of the Consultant (as a firm)

relevant to the Assignment: 20

{The Client will assess the firm on the bases of its (a) annual turnover for three immediately past consecutive years (2009-10, 2010-11 & 2011-12) (b) years of business in the similar field, (c) organizational, structure, (d) qualification and experience of the organizational head, (e) number of technical staff and disciplines with qualification and experience and (f) experience of the firm in similar region. In addition, the firm shall provide a declaration of ability to provide required number of technical staff for supervision of construction activities of the project diligently.

(ii) Adequacy and quality of the proposed methodology, and work plan in responding to the Terms of Reference (TORs): 10

{The Client will assess (a) whether the proposed methodology is clear, responds to the TORs, (b) whether the work plan is realistic and implementable and (c) whether the personnel input proposed are most economical fitting to the work plan.

(iii) Key Experts‟ qualifications and competence for the Assignment: {Only key experts in important positions and of higher input will be evaluated.} Total points for criterion (iii): 70


9


The number of points to be assigned to each of the above positions shall be determined considering the following three sub-criteria and relevant percentage weights: 1) General qualifications: 20% (general education, training, and experience) 2) Adequacy for the Assignment: 70% (relevant education, training, construction experience and quality control) 3) Relevant experience in the region:10% (working level fluency in local language(s)/knowledge of local culture or administrative system in government organization, etc) Total weight: 100% The minimum technical score (St) required to pass is: 70

18.4 From the list of responsive bidders who have also secured the pass mark in accordance with evaluation criteria explained in Clause 18.2, a list will be prepared for the first six ranked consultants.

18.5 The Employer shall inform, by e-mail to these Consultants the date, time and place of opening of their financial bids. In the event of the specified date for the opening of bids being declared a holiday for the Employer, the Bids will be opened at the same time and place on the immediate next working day.

18.6 At the time of the opening of the „Financial Bid‟, the names of the bidders will be read out along with their bid amount and technical score.

18.7 The Employer shall prepare the minutes of the opening of the Financial Bids and circulate to the involved Consultants.

18.8 The Employer will conduct a combined technical and financial evaluation with the methodology as described below:

The bid price quoted in percentage of total construction cost per unit will be converted to Indian National Rupees considering construction cost per unit as 500 lakh.

The lowest evaluated Financial Proposal (Fm) is given the maximum financial score (Sf) of 100. The formula for determining the financial scores (Sf) of all other Proposals is calculated as follows:

Points (a)

Design Engineer (Civil & Structural)

9

(b) (c)

Construction Manager/Team Leader Deputy Construction Manager (3 nos. @ 7 points each)

10

21

(d) Assistant Construction Manager 30 (6 nos. @ 5 points each)


10


Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the price of the proposal under consideration. The weights given to the Technical (T) and Financial (P) Proposals are: T = 80%, and P = 20%

Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) as following: S = St x T% + Sf x P%.

18.9 The highest ranked Consultant in the combined evaluation will be informed its position and called for contract negotiation on various areas in the methodology, work planning, personnel deployment, program schedule, terms and conditions, contract clauses, payment terms, etc. but not for his price.

18.10 The negotiations will be held at the date and address to be indicated by the Employer with the Consultant‟s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant.

18.11 The Client shall prepare minutes of negotiations that are signed by the Client and the Consultants‟ authorized representative.

18.12 The invited Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the negotiations, or, if applicable, a replacement in accordance with note provided below Form T6(Curricula Vitae). Failure to confirm the Key Experts availability may result in the rejection of the Consultant‟s Proposal and the Client proceeding to negotiate the Contract with the next-ranked Consultant.

18.13 Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall offer a substitute Key Expert within the period of time specified in the letter of invitation to negotiate the Contract, who shall have equivalent or better qualifications and experience than the original candidate.

18.14 The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Client‟s inputs, the special conditions of the Contract, and finalizing the “Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract, lest the quality of the final product, its price, or the relevance of the initial evaluation be affected.

18.15 The negotiations include the clarification of the Consultant‟s tax liability in the Client‟s country and how it should be reflected in the Contract.

18.16 After satisfactory negotiation the Employer will draw the final contract with the successful consultant and recommend award in his favour to Government. In case the negotiation fails with the first ranked Consultant, the Employer will conduct similar process with the second ranked Consultant.

19. Process to be Confidential

19.1 Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any attempt by a Bidder to influence the Employer‟s processing of bids or award decisions may result in the rejection of his Bid.


11


20. Clarification of proposal and contacting the Employer

20.1 No Bidder shall contact the Employer on any matter relating to its bid from the time of the bid opening to the time the contract is awarded.

20.2 Any attempt by the bidder to influence the Employer‟s bid evaluation, bid comparison or contract award decision may result in the rejection of his bid.

21. Employer’s right to accept any proposal and to reject any or all proposals

21.1 The Employer reserves the right to accept or reject any proposal, and to cancel the bidding process and reject all proposals, at any time prior to the award of Contract, without thereby incurring any liability to the affected Consultant or Consultants or any obligation to inform the affected Consultant or Consultants of the grounds for the Employer‟s action.

22. Notification of Award and Signing of Agreement.

22.1 The Consultant whose proposal has been accepted will be notified of the award by the Employer prior to expiration of the proposal validity period through website confirmed by registered letter.

23. Expected date of commencement of services

23.1 The expected date of commencement is 15 February 2013 or any other date decided by the Employer within the validity period.

24. Corrupt or Fraudulent Practices

24.1 The Employer requires the Consultants to strictly observe the laws against fraud and corruption in force in India, namely, Prevention of Corruption Act,1988.


12


Section 3. Technical Proposal - Standard Forms

[All pages of the original Technical and Financial Proposal shall be initialed by the same authorized representative of the Consultant who signs the Proposal]

FORM - T1: TECHNICAL PROPOSAL SUBMISSION LETTER

[Location, Date] To: The Chief Executive Officer, West Bengal State Marketing Board (WBSMB), Government of West Bengal. 729, P.O. Anandapur, P.S. Tiljala, Kolkata -700107. Dear Sirs:

We, the undersigned, offer to provide the consulting services for providing support to West Bengal State Marketing Board (WBSMB) in Design and Construction Supervision of 95 Numbers of Krishak Bazars in 18 Districts of West Bengal in accordance with your Request for Proposal No. WBSMB-DSC-01, dated 15-12-2012 and our proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal sealed in a separate envelope {For a joint venture, insert the following: We are submitting our proposal as a joint venture with: {indicate name of the JV partners and the address of each member. Also, indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by every participating member, which details the likely legal structure of and the confirmation of joint and severable liability of the members of the said joint venture. OR If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each Sub-consultant.} We hereby declare that: (a) All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Client/Employer. (b) Our Proposal shall be valid and remain binding upon us for the period of 120 days after the deadline date for submission of proposal as specified in the Clause 15.1 of Instruction to Consultants (ITC). (c) We meet the eligibility requirements as stated in Clause 3 of ITC and we confirm our understanding of our obligation to abide by the government‟s laws in regard to fraud and corruption as per ITC 24.1. (d) We have no conflict of interest in accordance with Clause 4 of ITC.


13


(e) We undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated in ITC Clause 15 and ITC Clause 18.11 may lead to the termination of Contract negotiations. (g) Our Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations. We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services related to the assignment no later than the date decided by the Employer as per Clause 23.1 0f ITC. We understand that the Client is not bound to accept any Proposal that the Client receives. We remain, Yours sincerely, Authorized Signature {In full and initials}: Name and Title of Signatory: Name of Consultant (company‟s name or JV‟s name): In the capacity of: Address: Contact information (phone and e-mail): {For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached}


14


FORM-T2: Organizational Set up and Specific experience of the Consultant (as a firm)

A - Consultant’s Organization

{1. Provide here a brief description of the background and organization of your company, and – in case of a joint venture – of each member for this assignment with Average annual turnover for FY 2009-10, 2010-11 & 2011-12 in equivalent Indian Rupee, total years of experience of the firm(s, etc } [2. Include organizational chart, a list of Board of Directors, and beneficial ownership. Provide the name, qualifications and relevant experience of the lead firm‟s director or manager who will assume overall responsibility for the firm‟s, association‟s or joint venture‟s team coordination, management and output]

B - Consultant’s Experience

1. List only previous similar assignments successfully completed in the last 10 (ten) years. 2. List only those assignments for which the Consultant was legally contracted by the Client as a company or was one of the joint venture partners. Assignments completed by the Consultant‟s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant‟s partners or sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references if so requested by the Client.

Duration

Assignment name/& brief description of

main deliverables/outputs

Name of Client &

Country/Place of Assignment

Approx. Contract value Amount paid to your

firm (in equivalent Indian

Rupees)

Role on the Assignment

From: To:

In the case of a joint venture, information on similar assignments shall be provided for each partner.


15


Form-T3: DESCRIPTION OF APPROACH AND METHODOLOGY

Explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. Express how you will be tackling the issues of Quality Assurance and Quality Control (QAQC) while supervising the construction activities.

Form-T4: WORK PLAN

Provide a Schedule of activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and tentative delivery dates of the reports. The proposed work plan should be consistent with the overall time schedule for completion of the project, technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. Provide the work schedule in a Bar Chart form as indicated below:

WORK SCHEDULE AND PLANNING FOR DELIVERABLES

D No.

Deliverables (D-..) Month Total

1 2 3 4 5 ----- n

D1 Submission of design

D2 Submission of Construction drawings

D3 Geo-technical investigation

D4 Construction supervision of Unit No.-3

Construction supervision of Unit No.-17

N Construction supervision of Unit No.-n

Form-T5: TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS

Describe the structure and composition of your team, including the list of the Key Experts, Non-Key Experts and relevant technical and administrative support staff. Provide a Bar Chart indicating deliverables vis-vis input of the Key Experts only with duration against each such deliverables. A sample bar chart is suggested below.

TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS

No

Name Expert’s input (in person/month) per each Deliverable (listed in Form T-4)

Total time-input (in Months)

Position D-1 D-2 D-3 ---- D-n Home Field Total

KEY EXPERTS

K-1 {e.g., Mr.ddddd

Design Engineer

(Civil)

Home Field

nil

K-2 Mr.tttt Assistant Construction Manager

Home Field

K-3

N

Subtotal

1. For Key Experts, the input should be indicated individually for the same positions as required 2. “Home” means work in the office of the Consultant. “Field” means work carried out at site of work.


16


Provide Curricula-Vitae (CV) of each Key Experts in the format indicated below:

Form T6: Curriculum Vitae (CV)

Position Title and No. {e.g., K-1, Design Engineer (Civil) }

Name of Expert:

{Insert full name}

Date of Birth:

{day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained} ________________________________________________________________________ ________________________________________________________________________ Employment record relevant to the assignment: {Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.}

Period Employing organization and your title/position. Contact information for references

Country/Place Summary of activities performed relevant to

the Assignment

From: To:

advisor/consultant to… For references: Tel…………/e-mail……; Mr. Bbbbbb, deputy minister]

Membership in Professional Associations and Publications: ______________________________________________________________________ Language Skills (indicate only languages in which you can work): ______________ ______________________________________________________________________ Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks

{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved)

Expert’s contact information: (e-mail…………………., phone……………) Certification:


17


I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience, and I am available to undertake the assignment in case of an award. I understand that any misstatement or misrepresentation described herein may lead to my disqualification or dismissal by the Client, and/or sanctions by the Bank.

{day/month/year}

Name of Expert

Signature Date

{day/month/year}

Name of authorized Representative of the Consultant (the same who signs the Proposal)

Signature Date

Note: If any of the Key Experts become unavailable at the time of execution of the assignment, the Consultant shall provide a written adequate justification and evidence satisfactory to the Client together with the substitution request. In such case, a replacement Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert. The technical evaluation score, however, will remain to be based on the evaluation of the CV of the original Key Expert.

Form-T7: Comments and suggestions on the terms of reference

Furnish comments and suggestions on the terms of reference and facilities to be provided by the client. The useful suggestions, although will not be incorporated in the ToR at this stage, but may looked into during negotiation of the contract.


18


Section-4: Financial Proposal - Standard Forms

Form F1: FINANCIAL PROPOSAL SUBMISSION FORM [Location, Date]

To: The Chief Executive Officer, West Bengal State Marketing Board (WBSMB), Government of West Bengal. 729, P.O. Anandapur, P.S. Tiljala, Kolkata -700107. Dear Sirs: We, the undersigned, offer to provide the consulting services for providing support to West Bengal State Marketing Board (WBSMB) in Design and Construction Supervision of 95 Numbers of Krishak Bazars in 18 Districts of West Bengal in accordance with your Request for Proposal No. WBSMB-DSC-01, dated 15-12-2012 and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal sealed in a separate envelope

Our Financial Proposal is for the amount of ------ % (-------- percent only) {Indicate the figure} of the total construction cost of the Krishak Bazar executed and certified through our services, which includes all taxes, levies and duties, except local service tax in accordance with Clause 13.2 of the ITC. In addition we submit the cost of geo-technical investigation in Form F3 as provisional sum.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in Clause 15.1 of the ITC. We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: In the capacity of:: Address: E-mail: {For a joint venture, either all members shall sign or only the lead member/consultant, in which case the

power of attorney to sign on behalf of all members shall be attached}


19


Form F2: Breakdown of Lump-Sum Cost

{Consultant must state the proposed Costs in accordance with Clause 13 of the ITC}

Item

Cost

Expressed in Percentage of executed and certified value of the

Krishak Bazars*

Cost of the Financial Proposal

(i) Consultancy charges including remuneration of key personnel and support staff as stipulated in the Terms of Reference.

a % {indicate figure}

(ii) Cost of office accommodation, housing, travel & transport, Communication, etc.

b %{indicate figure}

(iii)Cost of equipment, consumable, stationary, etc. c % {indicate figure}

(iv)Any other cost component, included in the Consultant‟s financial proposal (Please explain these heads)

d % {indicate figure}

Total Lump-Sum Cost (Should be same as the cost quoted in Form F1)

e % {indicate figure}

(v) Local Service Tax f % {indicate figure}

(vi) Provisional sum (Geo-technical Investigation (Refer Attachment-1 to Term of Reference)

Indian Rupees--------------

Note: 1. The Cost breakup as to be provided in Form F2 will be used only for calculating the price adjustment as per Clause 13.3 of ITC,

i.e. on the remuneration of key and support staff involved in the project directly. This will not affect the total lump-sum value of the proposal.

2. Please indicate costs in numerical value and in word. 3. The Cost of geotechnical investigation and service tax shall not be considered in evaluation of the proposal .


20


Form F3: Cost of Geo-technical Investigation (Provisional Sum)

GENERAL SCOPE OF SERVICES FOR GEO-TECHNICAL INVESTIGATION

(For Each Unit of Krishak Bazar)

Sl. No.

Scope of Work – Item Quantity Unit Rate (Rs.)

Amount (Rs.)

1. Excavation of trial pits of 1.5 m x 1.5 m x 2 m deep

5 Each

2. Boring 2 (two) Boreholes in all kinds of soil up to a depth of 30 meter each below the existing ground level or refusal.

60 meter

3. Same as above but in rock up to a depth of 1 (one) meter

2 meter

4. Conducting standard penetration tests (SPT) at 1.0 meter interval upto 10 meter and at 1.5 meter interval beyond 10 meter.

46 Each

5. Collection of undisturbed and representative soil samples from 1.0 meter interval upto 10 meter depth and at 1.5 meter interval beyond 10 meter depth and conducting following tests:

46 Each

(a) Soil classification tests (sieve analyses) 40 Each

(b) Natural moisture content 40 Each

(c) Dry & saturated density Test 40 Each

(d) Liquid limit and Plastic limit 40 Each

(e) Triaxial Shear Tests ( value) 3 Each

(f) Consolidation tests (c value) 5 Each

(g) Unconfined compression Test (when rock) 2 Each

6. Submission of report depicting borelogs, all diagrams and charts for the tests conducted and recommendation of safe bearing capacity of the soil below scour level for exploration in river bed and at different depth below ground level for exploration in dry land for designing the foundations.

1 Job Lump-sum

Total


21


Section- 5: Terms of Reference Design and Construction Supervision of 95 Units of Krishak Bazars in 18 Districts of West Bengal

Terms of Reference

1.0 Introduction

Agricultural Marketing is the flow of agricultural commodities from the producer to the consumer. It reduces the price difference between the primary producer and ultimate consumer and facilitates availability of all produces of farm origin to consumers at reasonable prices without impairing on the quality. The markets located in production areas help the farmers directly meeting the traders to sell their products at appropriate prices. To help the farmers to sell their produces at the right price and at a right place the Government of West Bengal (GoWB) through West Bengal State Marketing Board (WBSMB) proposed to set up about 95 numbers of identical agricultural markets at different Blocks in 18 districts of the state naming these as „’Krishak Bazars’’. It is envisaged to complete the program by 31

st December, 2014

2.0 Program Objective

The major objectives of the project is to provide support to the farmers in providing a new kind of marketing structure opening up a range of choices for selling their produces with a comprehensive solution to meet the key needs of all the stakeholders. The objective is to further help them in improving the marketing efficiency by promoting direct contacts with the buyers, increasing their number, promoting auction system of marketing and introducing facilities and services such as cold storage, ripening chambers, warehouses etc.

3.0 Program Design

(a) Location of Krishak Bazars It is proposed to set up 95 Units of Krishak Bazar in different districts of the state as follows:

District Number of Units

District Number of Units

Coochbehar: 3 Dakshin 24 Parganas: 5 Jalpaiguri: 2 Uttar 24 Parganas: 7 Darjeeling: 2 Howrah: 4 Uttar Dinajpur: 2 Burdwan: 9 Dakshin Dinajpur 5 Birbhum: 11 Malda: 1 Bankura: 8 Murshidabad: 4 Purulia: 6 Nadia: 9 PurbaMedinipur: 4 Hooghly: 9 PaschimMedinipur: 4 Total 95

(b) Components of Krishak Bazar

Each unit of Krishak Bazar is envisaged to be facilitated with following components:

1. Land Developing/ Landscaping

:

Around 5 Acres of land with boundary wall and gates.

2. Security post : Single storied RCC framed structure. 3. Weigh Bridge : 1 no. 60 MT capacity (electronic) with building and

platform.


22


4. Administrative Building : A double storied RCC framed structure of about 350

sqm of floor area in each floor. 5. KrishakSahayak Kendra : A double storied RCC framed structure of about 200

sqm of floor area in each floor. 6. Toilet Block (2-nos.) : Single storied RCC framed structure facilitated for

gents and ladies. 7. Single room shop godown : Single storied RCC framed structure 8. Open Market shed : Zinc-aluminium sheet roofing over steel structure

supported on RCC columns. 9. Auction Hall : Zinc-aluminium sheet roofing over steel structure

supported on RCC columns. 10. Godown : RCC framed structure, Brick walling and Zinc-

aluminium alloy corrugated sheet roofing over MS structural steel work.

11. Road Network with vehicle parking facilities

: Generally Cement Concrete pavement.

12. Water Supply with pump room, underground and overhead water tank

: From ground water source abstracted by electrically operated tube wells.

13. Storm water drainage : Standard open and covered drainage network. 14. Sewage disposal System : Collection by gravity through underground sewer

and treatment in septic tanks & soak pit. 15. Solid Waste Management : Construction of Garbage collection vat and disposal

system 16. Internal and external

plumbing : For all building, sheds, toilet blocks and service

areas 17. Internal and external

electrification including street lighting and substation

: Power shall be drawn from nearest substation of State Electricity board.

18. Firefighting system : Wall mounted fire extinguishers and hydrant with hose pipe.

(c) Estimated Cost

The tentative Cost of each unit of Krishak Bazar is around Rs. 5 Crore (Rupees five crore only).

(d) Management of the Krishak Bazar

The Krishak Bazar would be managed by a committee selected for this purpose.

(e) Future provision

It is proposed to enhance the facilities of the potential units of Krishak Bazar with Multi-Chamber Cold Storage and Grain Procurement Stockyard & Go-down in the future.

4. Objective of Design and Supervision Consultant (DSC) The main objective of the DSC is to prepare detailed designs and construction drawings based on the concept plans/designs, technical specifications and bill of quantities prepared by WBSMB and support WBSMB in construction supervision of the various sub-project components for each of the Krishak Bazars under the project. The DSC Team shall generally comprise national experts having adequate knowledge in design and construction supervision and quality control of the works involving buildings, roads, water supply,


23


sanitation, storm water drainage, solid waste management and firefighting and allied mechanical and electrical works in addition to overall project management.

5. Description of Services The major tasks of DSC for effective support during implementation of the Project are as follows.

(a) General Support

(i) Reconfirm all project components with respect to concept design, schedule of items,

specifications, quantity and contract document and identify, specify and check

required additional studies and amend as necessary;

(ii) Prepare a detailed implementation schedule covering all stages of the

implementation process for each subproject components from commencement to

acceptance of finished work;

(iii) Conduct all kind of detailed survey and investigations required to design all

subproject components. These will include topographical survey, soil investigation,

etc;

(iv) Prepare detailed designs, construction drawings, and associated contract

documentation of all components for civil, architectural, structural, mechanical,

electrical (internal and external electrification) and firefighting system; The detailed

designs and construction drawings shall be prepared only for the units, that are

awarded to the contractor for construction.

(v) Conduct supervision and quality control of works and issue necessary certificate for

acceptance of the work by the WBSMB.

(vi) Assist WBSMB in the resolution of contractual issues including review, evaluation

and confirmation of contract Variation Orders; This will include dispute resolution

with contractors activities, recommendation for inclusion of additional item/extra work

in the contract, recommendation of extension of time, termination of contract,

arbitration, etc.

(vii) Assist WBSMB in recording measurement of works (in prescribed measurement

books) undertaken by the contractors, preparing invoices and certify their claim for

payment.

(viii) Assist WBSMB with overall contract management and review and acceptance of the

“as built” drawings prepared by the contractors for various components of work.

(ix) Assist WBSMB to undertake other tasks as assigned by it.

(b) Specific support

(i) Water Supply:

1. Conduct necessary investigation for pinpointing the location of tube well for satisfactory yield;

2. Design most effective transmission and distribution network with the help of appropriate computer aided program (Epanet-II or equivalent);


24


3. Conduct geotechnical investigation exploring two boreholes of 30 meter deep at the location of overhead water tank (OHT) in each unit of Krishak Bazar with field and laboratory tests specified in Attachment-1;

4. Prepare detailed Architectural and structural design and construction drawings for the OHT and pump house including formwork and bar bending schedule;

(ii) Sewage disposal System Identify sources and calculate septage load generating in the complex and design

conveyance system to the septic tank for treatment and disposal thereof; (iii) Solid Waste Management Identify sources and calculate solid waste load generating in the complex and design

collection in the centrally constructed garbage vat and disposal thereof; (c) Approvals

The consultant shall obtain approval of all design, construction drawings, contract management and associated contract documentation of all components from the CEO, WBSMB before execution.

(d) Preparation of Program Completion Report

The consultants shall prepare the Program Completion Report of the respective units of Krishak Bazar. The Program completion report shall mainly contain the following: (i) Background of the Project and Introduction; (ii) Details of components taken up under the program; (iii) Details of Administrative and Technical approval obtained; (iv) Details of changes in the original program and change of / additional works taken up. (v) Details of problems encountered and solutions and reasons for change in

Implementation Schedule (if any). (vi) Listing of Improvements due to the project.

(e) General Deliverables:

(i) Inception Report (Draft and Final) - within 1 month from the date of commencement of services in the format agreed with WBSMB in 5 Copies.

(ii) Monthly/Quarterly Reports - within 1st week of the next month/quarter in the format

agreed with WBSMB- in 3 Copies. (iii) Detailed Design Reports and Construction drawing for all components within 2

weeks of award of the unit for construction to contractors- in 2 Copies. (Note: Detailed design and construction drawings for

(iv) Completion Report for each unit (Draft and Final) – within 2 weeks of physical completion of the unit – in 3 copies.

(v) Any other report that may have to be given for the services to be provided – Draft and Final – 3 copies each.

(1 soft copy should be provided for all the above mentioned reports)

6. Implementation Schedule It is envisaged to complete all the units of Krishak Bazar by 31 December 2014. The program implementation schedule as anticipated is presented in Attachment-2.

7. Consultants‟ Personnel

The preparation of detailed design and construction drawings will be carried out by the Consultant from its design office, the Consultant shall undertake supervision of construction activities by deputing adequate personnel at site. Accordingly, the Consultant shall depute following key and support staff for the project:


25


Key Personnel

Position

Number

Responsibilities

Senior Design Engineer 1 Guide and prepare the detailed design and construction drawings for the project

Construction Manager 1 Plan, guide and ensure adequate supervision of the project, ensure quality of works and timely completion of the units in phases. He will be the in-charge of all the 95 units of Krishak Bazar in 18 districts of the state and be the Team Leader to manage and control the entire project activities including preparation of detail design and construction drawings as Engineer of WBSMB. He will be responsible for the deliverables and due diligence for all the team members of the Consultant.

Deputy Construction Manager/Team Leader

3 Assist the Construction Manager in planning, managing and ensuring proper supervision of the units ensuring quality of works and timely completion in phases. Each Deputy Construction Manager will take the responsibility of activities in 6 districts.

Assistant Construction Manager 6 Assist the Construction Manager and Deputy Construction Manager in planning, managing and ensuring proper supervision of the units ensuring quality of works and timely completion in phases. Each Assistant Construction Manager will take the responsibility of activities in 3 districts.

Supprt Staff Assistant Design Engineer 2 Assist the Senior Design Engineer in preparing the detailed

design for the entire project.

Draftspersons 2 Assist the Senior Design Engineer in preparing the construction drawings for the entire project.

Sub-Assistant Engineer 95 Assist the Construction Manager and Deputy Construction Manager and Assistant Construction Manager in carrying out proper supervision of the units, ensuring quality of works and timely completion in phases. The Sub-Assistant Engineers will record the works executed by the contractors in MBs and certify with due diligence and prepare the invoices of the contractors for payment. Each Assistant Construction Manager will take the responsibility of activities in one district only.

Design Engineer (Mechanical)

1

Will be responsible for preparation of detailed design, construction drawings, for pumping, water supply, weigh bridge installation, etc. and supervision of the relevant contractor‟s works, as and when required basis and issue certificate for acceptance of the work by the client.

Design Engineer (Electrical)

1

Will be responsible for preparation of detailed design, construction drawings, internal building wiring, external illumination, street lighting and power connection and supervision of the relevant contractor‟s works, as and when required basis and issue certificate for acceptance of the work by the client.


26


9. Qualification and Experience of Consultants’ Personnel

Sl.No. Personnel Position Minimum Qualification

Minimum Experience

Key Experts

1. Design Engineer (Civil) Masters in Civil/ Structural

Engineering

10 years in design of buildings, pavements, structures and allied water supply and plumbing services.

2. Design Engineer (Mechanical)

Bachelor in Mechanical Engineering

10 years in design of pumping units, weighbridge and fire fighting system.

3. Design Engineer (Electrical) Bachelor in Electrical

Engineering

10 years in design of internal and external electrification works including street lighting and power supply.

5. Construction Manager Bachelor in Civil Engineering

15 years in project management & construction of buildings, structures, roads, and allied water supply, plumbing and electrical services.

Deputy Construction Manager Bachelor in Civil Engineering

10 years in project management & construction of buildings, structures, roads, and allied water supply, plumbing and electrical services.

6. Assistant Construction Manager

Bachelor in Civil/Mec/Elect.

Engineering

5 years in construction of buildings, structures, roads, and allied water supply, plumbing and electrical services. Experience in handling PWD measurement books is essential.

Support Staff

4. Draftsperson ITI Passed or equivalent

5 years in drafting civil, structural, mechanical and electrical drawings in Auto CaD

7. Sub-Assistant Engineer (Civil) Diploma in Civil Engineering

5 years in construction of buildings, structures, roads, and allied water supply and plumbing services. Experience in writing PWD measurement books is essential.

8. Sub-Assistant Engineer (Electrical & Mechanical)

Diploma in Electrical

Engineering

5 years in executing internal & external electrification works in buildings and premises including street lighting. Experience in writing PWD measurement books is essential.

8. Data, Local Services and Facilities to be provided by the Client:

1. The client will provide the DPR for each unit of the Krishak Bazar to the selected consultant. 2. The selected Consultant will be provided with unfurnished office accommodation in the office

of WBSMB nearest to each site along with water supply and electricity services free of cost. 3. The selected consultant will be guided and assisted by WBSMB‟s engineers in delivering the

services as and when required.


Terms of Reference – Attachment-1 Page 1 of 1

Attachment-1 to Terms of Reference

GENERAL SCOPE OF SERVICES FOR GEO-TECHNICAL INVESTIGATION

Sl. No.

Scope of Work Quantity Unit

1. Excavation of trial pits of 1.5 m x 1.5 m x 2 m deep 5 Each

2. Boring 2 (two) Boreholes in all kinds of soil up to a depth of 30 meter each below the existing ground level or refusal.

60 meter

3. Same as above but in rock up to a depth of 1 (one) meter

2 meter

4. Conducting standard penetration tests (SPT) at 1.0 meter interval upto 10 meter and at 1.5 meter interval beyond 10 meter.

46 Each

5. Collection of undisturbed and representative soil samples from 1.0 meter interval upto 10 meter depth and at 1.5 meter interval beyond 10 meter depth and conducting following tests:

46 Each

(a) Soil classification tests (sieve analyses)

(b) Natural moisture content (c) Dry & saturated density Test (d) Liquid limit and Plastic limit (e) Triaxial Shear Tests ( value) (f) Consolidation tests (c value) (g) Unconfined compression Test (when rock) 6. Submission of report depicting borelogs, all diagrams

and charts for the tests conducted and recommendation of safe bearing capacity of the soil below scour level for exploration in river bed and at different depth below ground level for exploration in dry land for designing the foundations.

1 Job Lump-sum

Broad Activity Description

8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12

1. Preparation of DPR

2. Invitation of Bids

3. Selection of Contractor

4. Preparation of Detailed Design

and Construction Drawings

5. Construction of Units

Attachment-2 to Terms of Reference

Design and Construction Supervision of 95 Numbers of Krishak Bazars in 18 Districts of West Bengal

Implementation Schedule

2012 2013 2014

PART- II


CONTENT

Page No.

I FORM OF CONTRACT (LUMP-SUM)

1

II GENERAL CONDIIONS OF CONTRACT

2

A GENERAL

2

B COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

3

C OBLIGATIONS OF THE CONSULTANT

7

D CONSULTANTS’ EXPERTS AND SUB-CONSULTANTS 9

E OBLIGATIONS OF THE CLIENT 10

F PAYMENTS TO THE CONSULTANT 11

G FAIRNESS AND GOOD FAITH 12

III SPECIAL CONDITIONS OF CONTRACT

13

IV APPENDICES

15


1 Consultancy Services in Design and Construction Supervision– Request for Proposal

I. Form of Contract (LUMP-SUM)

This agreement, made the ______day of_________20_______, between Chief Executive Officer, West Bengal State Marketing Board (WBSMB), 729, P.O. Anandapur, P.S. Tiljala, Kolkata 700107, (hereinafter called “the Employer”) of the one part, -------------------------------------------- [and name and address of Consultant (hereinafter called “the Consultant”) of the other part. Whereas , (a) the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”); (b) the Consultant, having represented to the Client that it has the required expertise and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract; NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be read and construed as part of this Agreement. 2. In consideration of the payments to be made by the Employer to the Consultant as hereinafter mentioned, the Consultant hereby covenants with the Employer to execute and complete the services in conformity with the provisions of the Contract. 3. The Employer hereby covenants to pay the Consultant in consideration of the execution and completion of the services in the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. 4. NOW THEREFORE the parties hereto hereby agree as follows: (i). The following documents attached hereto shall be deemed to form an integral part of this Contract:

(a) The General Conditions of Contract; (b) The Special Conditions of Contract; (c) Appendices: Appendix A: Terms of Reference Appendix B: Key Experts and their Curricula Vitae Appendix C: Breakdown of Contract Price Appendix D -Cost Of Geo-Technical Investigation (Provisional Sum)

In the event of any inconsistency between the documents, the following order of precedence shall prevail: the Special Conditions of Contract; the General Conditions of Contract; Appendix A; Appendix B; Appendix C; Appendix D. Any reference to this Contract shall include, where the context permits, a reference to its Appendices. (ii). The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular: (a) the Consultant shall carry out the Services in accordance with the provisions of the Contract; and (b) the Client shall make payments to the Consultant 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. For and on behalf of West Bengal State marketing Board, Government of West Bengal

The Chief Executive Officer, WBSMB

For and on behalf of the Consultant



II. GENERAL CONDIIONS OF CONTRACT

A. General 1. Definitions

1.1 The following terms used in this contract shall have following meanings unless the context otherwise requires: (a) “Applicable Law”: the laws and any other instruments having the force of law in India. (b) “Client”:West Bengal State Marketing Board (WBSMB), Government of West Bengal. (c) “Consultant”: a legally-established consulting firm selected by the Client to provide the Services under the signed Contract. (d) “Contract”: the written agreement signed between the Client’s representative (Employer) and the Consultant including all the attached documents listed in its paragraph 4 of the Form of Contract, legally binding between the Client and the Consultant. (e) “Day”: a working day. (f) “Effective Date”: the date on which this Contract comes into force. Employer: Chief Executive Officer, West Bengal State Marketing Board, Government of West Bengal, that signs the Contract for the Services with the Selected Consultant. (g) “Experts”: personnel of the Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform the Services under the Contract. (h) “GCC”: General Conditions of Contract. (i) “Government”:the government of West Bengal. (j) “Joint Venture (JV)”: an association with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract. (k) “Key Expert(s)”:theindividual professional whose contribution to the services is critical and whose curricula vitae (CV) was taken into account in the technical evaluation of the Consultant’s proposal. (l) Indian national currency: Indian Rupee. (m) Support staff: the individual professional provided by the Consultant to assist the key experts in performing their tasks or carrying out services under their guidance. (n) “Party”: the Client or the Consultant, as the case may be. (o) “Parties”: both Client and the Consultant. (p) “SCC”: Special Conditions of Contract amending or supplementing the GCC, without overwriting. (q) “Services”: Consultant’s given tasks pursuant to this Contract. (r) “Sub-consultants”: an entity given to perform any part of the Services while remaining solely liable for the execution of the Contract. (s) “Third Party”: any person or entity other than the Government, the Client, the Consultant or a Sub-consultant.

2. Relationship between the Parties

2.1. Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the Client and the Consultant. The Consultant, subject to this Contract, has complete charge of the Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

3. Law Governing Contract

3.1. This Contractand the relation between the Parties shall be governed by the Applicable Law of India.



4. Language

4.1. This Contract shall be executed in English language, which shall be the

binding and controlling language for all matters between the parties.

5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this Contract.

6. Communications

6.1. All communications pursuant to this Contract shall be in writing in the English language. Any 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.

7. Location

1.1. The Services shall be performed at such locations as are specified in the Section-5: Term of Reference (ToR) attached.

8. Authority of Member in Charge

8.1. In case the Consultant is a Joint Venture, the members hereby authorize the member specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including the receiving of instructions and payments from the Client.

9. Authorized Representatives

9.1. Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SCC.

10. Corrupt and Fraudulent Practices

10.1. The Consultantisstrictly required to observe the laws against fraud and

corruption in force in India, namely, Prevention of Corruption Act, 1988.

B. Commencement, Completion, Modification and Termination of Contract

11.Effectiveness of Contract

11.1 This Contract shall come into force and effect on the date (the “Effective

Date”) of the Client’s notice to the Consultant to proceed for carrying out the

Services after signing of Conract.

12. Termination of Contract for Failure to Become Effective

12.1. If this Contract has not become effective within the time period specified in the

SCC, either Party may, by not less than twenty two (22) days written notice to the

other Party, declare this Contract to be null and void, and in the event of such a

declaration by either Party, neither Party shall have any claim against the other

Party with respect hereto.

12. Termination of Contract for Failure to Become Effective

12.1. If this Contract has not become effective within such time period after the date of Contract signature as specified in the SCC, either Party may, by not less than twenty two (22) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither

Party shall have any claim against the other Party with respect hereto.

13.Commencement of Services

13.1. The Consultant shall confirm availability of Key Experts and begin carrying out

the Services not later than the number of days after the Effective Date specified in

the SCC.

14.Expiration of Contract

14.1. Unless terminated earlier pursuant to Clause GCC 19 hereof, this Contract

shall expire at the end of such time period after the Effective Date as specified in

the SCC.

15.Entire Agreement 15.1. This Contract contains all covenants, stipulations and provisions agreed by

the Parties. No agent or representative of either Party has authority to make, and

the Parties shall not be bound by or be liable for, any statement, representation,

promise or agreement not set forth herein.

16.Modifications or Variations

16.1. Any modification or variation of the terms and conditions of this Contract,



including any modification or variation of the scope of the Services, may only be

made by written agreement between the Parties.

17. Force Majeure a. Definition 17.1. For the purposes of this Contract, “Force Majeure” means an event which is

beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and

makes a Party’s performance of its obligations hereunder impossible or so

impractical as reasonably to be considered impossible under the circumstances,

and subject to those requirements, 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 confiscation or any other

action by Government agencies.

17.2. Force Majeure shall not include (i) any event which is caused by the

negligence or intentional action of a Party or such Party’s Experts, Sub-consultants

or agents or employees, nor (ii) any event which a diligent Party could reasonably

have been expected to both take into account at the time of the conclusion of this

Contract, and avoid or overcome in the carrying out of its obligations hereunder.

17.3. Force Majeure shall not include insufficiency of funds or failure to make any

payment required hereunder.

b.No Breach of Contract

17.4. The failure of a Party to fulfill any of its obligations hereunder shall not be

considered to be a breach of, or default under, this Contract insofar as such inability

arises from an event of Force Majeure, provided that the Party affected by such an

event has taken all reasonable precautions, due care and reasonable alternative

measures, all with the objective of carrying out the terms and conditions of this

Contract.

c. Measures to be Taken

17.5. A Party affected by an event of Force Majeure shall continue to perform its

obligations under the Contract as far as is reasonably practical, and shall take all

reasonable measures to minimize the consequences of any event of Force

Majeure.

17.6. A Party affected by an event of Force Majeure shall notify the other Party of

such event as soon as possible, and in any case not later than fourteen (14)

calendar days following the occurrence of such event, providing evidence of the

nature and cause of such event, and shall similarly give written notice of the

restoration of normal conditions as soon as possible.

17.7. Any period within which a Party shall, pursuant to this Contract, complete any

action or task, shall be extended for a period equal to the time during which such

Party was unable to perform such action as a result of Force Majeure.

17.8. During the period of their inability to perform the Services as a result of an

event of Force Majeure, the Consultant, upon instructions by the Client, shall either:

(a) demobilize, in which case the Consultant shall be reimbursed for additional

costs they reasonably and necessarily incurred, and, if required by the Client, in



reactivating the Services; or

(b) continue with the Services to the extent reasonably possible, in which case the

Consultant shall continue to be paid under the terms of this Contract and be

reimbursed for additional costs reasonably and necessarily incurred.

17.9. In the case of disagreement between the Parties as to the existence or extent

of Force Majeure, the matter shall be settled according to Clauses GCC 44 & 45.

18. Suspension 18.1. If the Consultant fails to perform any of its obligations under this Contract,

including the carrying out of the services, the Client may, by written notice of

suspension suspend all payments to the Consultant, provided that such notice of

suspension (i) shall specify the nature of the failure, and (ii) shall request the

Consultant to remedy such failure within a period not exceeding thirty (30) calendar

days after receipt by the Consultant of such notice of suspension.

19. Termination 19.1. This Contract may be terminated by either Party as per provisions set up

below:

a. By the Client

19.1.1. The Client may terminate this Contract in case of the occurrence of any of

the events specified in paragraphs (a) through (f) of this Clause. In such an

occurrence the Client shall give at least thirty (30) calendar days‟ written notice of

termination to the Consultant in case of the events referred to in (a) through (d); at

least sixty (60) calendar days‟ written notice in case of the event referred to in (e);

and at least five (5) calendar day’s written notice in case of the event referred to in

(f):

(a) If the Consultant fails to remedy a failure in the performance of its obligations

hereunder, as specified in a notice of suspension pursuant to Clause GCC 18;

(b) If the Consultant becomes (or, if the Consultant consists of more than one entity,

if any of its 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 Consultant fails to comply with any final decision reached as a result of

arbitration proceedings pursuant to Clause GCC 45.1;

(d) If, as the result of Force Majeure, the Consultant is unable to perform a material

portion of the Services for a period of not less than sixty (60) calendar days;

(e) If the Client, in its sole discretion and for any reason whatsoever, decides to

terminate this Contract;

(f) If the Consultant fails to confirm availability of Key Experts as required in Clause

GCC 13.

19.1.2. Furthermore, if the Client determines that the Consultant has engaged in

corrupt, fraudulent, collusive, coercive [or obstructive] practices, in competing for or

in executing the Contract, then the Client may, after giving fourteen (14) calendar



days written notice to the Consultant, terminate the Consultant's employment under

the Contract.

b. By the Consultant

19.1.3. The Consultant may terminate this Contract, by not less than thirty (30)

calendar days’ written notice to the Client, in case of the occurrence of any of the

events specified in paragraphs (a) through (d) of this Clause.

(a) If the Client fails to pay any money due to the Consultant pursuant to this

Contract and not subject to dispute pursuant to Clause GCC 45.1 within forty-five

(45) calendar days after receiving written notice from the Consultant that such

payment is overdue.

(b) If, as the result of Force Majeure, the Consultant is unable to perform a material

portion of the Services for a period of not less than sixty (60) calendar days.

(c) If the Client fails to comply with any final decision reached as a result of

arbitration pursuant to Clause GCC 45.1.

(d) 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

Consultant may have subsequently approved in writing) following the receipt by the

Client of the Consultant’s notice specifying such breach.

c. Cessation of Rights and Obligations

19.1.4. Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19 hereof, or upon expiration of this Contract pursuant to Clause GCC 14, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC 22, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GCC 25, and (iv) any right which a Party may have under the Applicable Law.

d. Cessation of Services

19.1.5. Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC 19a or GCC 19b, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GCC 27 or GCC 28.

e. Payment upon Termination

19.1.6. Upon termination of this Contract, the Client shall make the following payments to the Consultant: (a) cost of all services satisfactorily performed prior to the effective date of termination in accordance with the percentage rate indicated in Clause 40.1 of SCC, applied on completed and certified value of contract up to the effective date of termination; (b) in the case of termination pursuant to paragraphs (d) and (e) of Clause GCC

19.1.1, reimbursement of any reasonable cost incidental to the prompt and orderly

termination of this Contract, including the cost of the return travel of the Experts.



C. OBLIGATIONS OF THE CONSULTANT

20. General

a. Standard of Performance

20.1 The Consultant shall perform and carry out the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Client, and shall at all times support and safeguard the Client‟s legitimate interests in any dealings with the third parties. 20.2. The Consultant shall employ and provide such qualified and experienced Experts and Sub-consultants as are required to carry out the Services. 20.3. The Consultant may subcontract part of the Services to an extent and

with such Key Experts and Sub-consultants as may be approved in advance

by the Client. Notwithstanding such approval, the Consultant shall retain full

responsibility for the Services.

b. Law Applicable to Services

20.4. The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-consultants, comply with the Applicable Law.

21. Conflict of Interests

21.1. The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.

a. Consultant Not to Benefit from Commissions, Discounts, etc.

21.1.1 The payment of the Consultant pursuant to Clause 40 of GCC shall constitute the Consultant’s only payment in connection with this Contract and, subject to Clause GCC 21.1.3, the Consultant shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Sub-consultants, as well as the Experts and agents of either of them, similarly shall not receive any such additional payment.

b. Consultant and Affiliates Not to Engage in Certain Activities

21.1.3 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-consultants and any entity affiliated with such Sub-consultants, shall be disqualified from providing goods, works or non-consulting services resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project.

c. Prohibition of Conflicting Activities

21.1.4 The Consultant shall not engage, and shall cause its Experts as well as its Sub-consultants not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract.

d. Strict Duty to Disclose Conflicting

21.1.5 The Consultant has an obligation and shall ensure that its Experts and Sub-consultants shall have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best



Activities

interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

22. Confidentiality 22.1 Except with the prior written consent of the Client, the Consultant and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Experts make public the recommendations formulated in the course of, or as a result of, the Services.

23. Liability of the

Consultant

23.1 The Consultants’ liability under this Contract shall be as determined under the Applicable Law.

24. Insurance to be Taken out by the Consultant

24.1 The Consultant (i) shall take out and maintain, and shall cause any Sub-consultants to take out and maintain, at its (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 specified in the SCC, 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 Consultant shall ensure that such insurance is in place prior to commencing the Services as stated in Clause GCC 13.

25. Accounting, Inspection and Auditing

25.1 The Consultant shall keep, and shall make all reasonable efforts to cause its Sub-consultants to keep, accurate and systematic accounts and records in respect of the Services and in such form and detail as will clearly identify relevant time changes and costs. 25.2 The Consultant shall permit and shall cause its Sub-consultantsto

permit, the Client to inspect the Site and/or all accounts and records

relating to the performance of the Contract and the submission of the

Proposal to provide the Services, and to have such accounts and records

audited by auditors appointed by the Client.

26. Reporting Obligations

26.1 The Consultant shall submit to the Client the reports and documents specified in the Term of Reference (Appendix A), in the form, in the numbers and within the time periods set forth in the said Appendix.

27. Proprietary Rights of the Client in Reports and Records

27.1 All reports and relevant data and information such as maps, diagrams, plans, databases, other documents and software, supporting records or material compiled or prepared by the Consultant for the Client in the course of the Services shall be confidential and become and remain the absolute property of the Client. The Consultant 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 Consultant may retain a copy of such documents, data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Client. 27.2 If license agreements are necessary or appropriate between the

Consultant and third parties for purposes of development of the plans,

drawings, specifications, designs, databases, other documents and

software, the Consultant shall obtain the Client’s prior written approval to

such agreements, and the Client shall be entitled at its discretion to require

recovering the expenses related to the development of the program(s)



concerned. Other restrictions about the future use of these documents and

software, if any, shall be specified in the SCC.

D. CONSULTANTS’ EXPERTS AND SUB-CONSULTANTS

28. Description of Key Experts

28.1 The title, agreed job description, minimum qualification and estimated period of engagement to carry out the Services of each of the Consultant‟s Key Experts are described in Appendix B. 28.2 If required to comply with the provisions of Clause GCC 20a, adjustments with respect to the estimated time-input of Key Experts set forth in Appendix B may be made by the Consultant by a written notice to the Client, provided (i) that such adjustments shall not alter the original time-input estimates for any individual by more than 10% or one week, whichever is larger; and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause 40.1 of SCC. 28.3 If additional work is required beyond the scope of the Services specified in Appendix A, the estimated time-input for the Key Experts may be increased by agreement in writing between the Client and the Consultant. In case where payments under this Contract exceed the ceilings set forth in Clause GCC 41.1, the Parties shall sign a Contract amendment.

29. Replacement of Key Experts

29.1 Except as the Client may otherwise agree in writing, no changes shall be made in the Key Experts. 29.2 Notwithstanding the above, the substitution of Key Experts during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience, and at the same rate of remuneration

30. Approval of Additional Key Experts

30.1 If during execution of the Contract, additional Key Experts are required to carry out the Services, the Consultant shall submit to the Client for review and approval a copy of their Curricula Vitae (CVs). If the Client does not object in writing (stating the reasons for the objection) within twenty two (22) days from the date of receipt of such CVs, such additional Key Experts shall be deemed to have been approved by the Client. The rate of remuneration payable to such new additional Key Experts shall be based on the rates for other Key Experts position which require similar qualifications and experience.

31. Removal of Experts or Sub-consultants

31.1 If the Client finds that any of the Experts or Sub-consultant has committed serious misconduct or has been charged with having committed a criminal action, or shall the Client determine that Consultant’s Expert of Sub-consultant have engaged in corrupt, fraudulent, collusive, coercive [or obstructive] practice while performing the Services, the Consultant shall, at the Client‟s written request, provide a replacement. 31.2 In the event that any of Key Experts, Non-Key Experts or Sub-consultants is found by the Client to be incompetent or incapable in discharging assigned duties, the Client, specifying the grounds therefore, may request the Consultant to provide a replacement.



31.3 Any replacement of the removed Experts or Sub-consultants shall

possess better qualifications and experience and shall be acceptable to

the Client.

32. Replacement/ Removal of Experts – Impact on Payments

32.1 Except as the Client may otherwise agree, (i) the Consultant shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be paid for any of the Experts provided as a replacement shall not exceed the remuneration which would have been payable to the Experts replaced or removed.

33. Working Hours, Overtime, Leave, etc.

33.1 Working hours and holidays for Experts are set forth in Appendix B. To account for travel time to/from the Client‟s country, experts carrying out Services inside the Client‟s country shall be deemed to have commenced or finished work in respect of the Services such number of days before their arrival in, or after their departure from, the Client’s country as is specified in Appendix B. 33.2 The Experts shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified in Appendix B, and the Consultant’s remuneration shall be deemed to cover these items. 33.3 Any taking of leave by Key Experts shall be subject to the prior approval by the Consultant who shall ensure that absence for leave purposes will not delay the progress and or impact adequate supervision of the Services.

E. OBLIGATIONS OF THE CLIENT

34. Assistance and Exemptions

34.1 Unless otherwise specified in the SCC, the Client shall use its efforts to: Assist the Consultant with obtaining work permits and such other documents as shall be necessary toenable the Consultant to perform the Services.

35. Access to Project Site

35.1 The Client warrants that the Consultant shall have, free of charge, unimpeded access to the project site in respect of which access is required for the performance of the Services. The Client will be responsible for any damage to the project site or any property thereon resulting from such access and will indemnify the Consultant and each of the experts in respect of liability for any such damage, unless such damage is caused by the willful default or negligence of the Consultant or any Sub-consultants or the Experts of either of them.

36. Change in the Applicable Law Related to Taxes and Duties

36.1 If, after the date of this Contract, there is any change in the applicable law in the country with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the Contract price amount specified in Clause SCC 40.1



37. Services, Facilities and Property of the Client

37.1 The Client shall make available to the Consultant and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described in the Terms of Reference (Appendix A) at the times and in the manner specified in said Appendix A.

38. Counterpart Personnel

38.1 The Client shall make available to the Consultant free of charge such professional and support counterpart personnel, to be nominated by the Client with the Consultant’s advice, if specified in Appendix A.

39. Payment Obligation

39.1 In consideration of the Services performed by the Consultant under this Contract, the Client shall make such payments to the Consultant and in such manner as is provided by GCC F below.

F. PAYMENTS TO THE CONSULTANT

40. Mode of Billing and Payment

40.1 The total payments under this Contract shall not exceed the Contract price set forth in Clause SCC 40.1. 40.2 Any change to the Contract price specified in Clause 40.1 of SCC can be made only if the Parties have agreed to the revised scope of Services pursuant to Clause GCC 16 and have amended in writing the Terms of Reference in Appendix A. 40.2 The payments under this Contract shall be made in lump-sum instalments against deliverables specified in Appendix A. The payments will be made according to the payment schedule stated in the SCC. 40.2.1 Advance payment: Unless otherwise indicated in the SCC, an advance payment shall be made against an advance payment bank guarantee acceptable to the Client in an amount specified in the SCC. Such guarantee (i) is to remain effective until the advance payment has been fully set off, and (ii) is to be in the form set forth in Appendix D, or in such other form as the Client shall have approved in writing. The advance payments will be set off by the Client proportionately against the lump-sum instalments paid to the consultant and will be fully set off within 10 such instalment payment. 40.2.2 The Lump-Sum Instalment Payments. The Client shall pay the Consultant within sixty (60) days after the receipt by the Client of the deliverable(s) and the cover invoice for the related lump-sum instalment payment in accordance with procedure stipulated in the SCC. The payment can be withheld if the Client does not approve the submitted deliverable(s) as satisfactory in which case the Client shall provide comments to the Consultant within the same sixty (60) days period. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. 40.2.3 The Final Payment .The final payment under this Clause shall be made only after the final report have been submitted by the Consultant and approved as satisfactory by the Client. The Services shall then be deemed completed and finally accepted by the Client. The last lump-sum installment shall be deemed approved for payment by the Client within ninety (90) calendar days after receipt of the final report by the Client unless the Client, within such ninety (90) calendar day period, gives written notice to the Consultant specifying in detail deficiencies in the Services,



the final report. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. 40.2.4 All payments under this Contract shall be made to the accounts of the Consultant specified in the SCC. With the exception of the final payment under 41.2.3 above, payments do not constitute acceptance of the whole Services nor relieve the Consultant of any obligations hereunder.

41. Price Adjustment 41.1 The Contract is subject to price adjustment as per formulae provided in the SCC. Such price adjustment shall however be applicable towards the remuneration of part for Consultant’s key and support staff directly involved in the project only.

42. Taxes and Duties

42.1 Except service tax, all taxes and duties shall be the liability of the consultants. The Client shall reimburse the service tax paid by the Consultant in accordance with the applicable rate. Income tax will be deducted as per Indian Income Tax rules

G. FAIRNESS AND GOOD FAITH

44. Amicable Settlement

44.1 The Parties shall seek to resolve any dispute amicably by mutual consultation. 44.2 If either Party objects to any action or inaction of the other Party, the

objecting Party may file a written Notice of Dispute to the other Party

providing in detail the basis of the dispute. The Party receiving the Notice

of Dispute will consider it and respond in writing within fourteen (14) days

after receipt. If that Party fails to respond within fourteen (14) days, or the

dispute cannot be amicably settled within fourteen (14) days following the

response of that Party, Clause GCC 49.1 shall apply.

45. Dispute Resolution 45.1 Any dispute between the Parties arising under or related to this

Contract that cannot be settled amicably may be referred to by either

Party to the adjudication/arbitration in accordance with the provisions

specified in the SCC.



III. SPECIAL CONDITIONS OF CONTRACT

[Notes in brackets are for guidance purposes only and should be deleted in the final text of the signed contract]

8.1 TheLeadMemberonbehalfoftheJVis_______ ______________________________ [insert name of the member]

9.1 The Authorized Representatives are: For the Client: [name, title] For the Consultant:[name, title]

12.1 Termination of Contract for Failure to Become Effective: The time period shall be 180 days.

13.1 Commencement of Services: The number of days shall be 30 days

14.1 Expiration of Contract: The time period shall be till 31 December 2014

24.1 The insurance coverage against the risks shall be as follows: (a) Professional liability insurance, with a minimum coverage of______________________ [insert amount and currency which should be not less than the total ceiling amount of the Contract]; (b) Third Party motor vehicle liability insurance in respect of motor vehicles operated by the Consultant or its Experts or Sub-consultants, with a minimum coverage of in accordance with the applicable law. (c) Third Party liability insurance, with a minimum coverage of the applicable law.

40.1 The Contract price is: ----- [insert percentage figure of total completed and certified value of work executed under ToR of the Consultant]. In addition, contract price for the Cost of Geo-technical investigation is ------------- [insert actual cost in Indian Rupees based on item rate analysis in Appendix D] as provisional sum.

40.2 The payment schedule: (i) The total contract price quoted in percentage shall be divided into two different types of service deliverables, eg. 15% is attributed to the detailed design and supply of construction drawings and balance 85% is attributed to construction supervision, quality control, recording measurement of works and other related engineering services for the project implementation. (ii) The Consultant shall raise its monthly invoices for its services towards supply of detailed designs, and construction drawings for as many as units under its contract, multiplying the value of such works with total percentage of contract price and by 15% for the split in type of services. In this case, the value of work shall be taken as the price awarded by the client to the contractors. For example: If value of works for which the consultant will produce detailed design and construction drawings is Rs. R, the consultant shall raise invoice for: Rs.R x 0.15 x total percentage contract price of the Consultant as per Clause 40.1 of the SCC (iii)The Consultant shall further raise its monthly invoices for the value of works executed by the Contractors in the subject month, for as many as units under its supervision and certification, multiplying with the percentage of contract price and split in type of services i.e 85%. In this case, the value of work shall be taken as the actually completed and certified and accepted by the Client. For example: If value of works executed by the Contractors in the subject month, for as many as units



under its supervision and certification is Rs. S, the consultant shall raise invoice for: Rs.S x 0.85 x total percentage contract price of the Consultant as per Clause 40.1 of the SCC (iv) There will be no advance payment for this contract. (v) Final Payment: The Consultant shall raise the final invoice incorporating the final value of works executed and certified by the Client on Consultant’s recommendation after adjusting any excess or less payment in the interim invoices. The final payment shall be limited to the total contract price of the Consultant in percentage multiplied by total value of actually executed works under the Services of the Consultants duly certified by the Consultant and finally accepted by the Client.For example:

If total value of works executed by the Contractors finally at the end of the contract, for as many as units under its supervision and certification is Rs. Q, the consultant shall raise invoice for: Rs.Q x total percentage contract price of the Consultant as per Clause 40.1 of the SCC after adjustment ofless or more paid in the interim invoices.

40.2.4 The account is: -----------------------

41.1 Price Adjustment

Remuneration paid in local currency pursuant to the rates set forth in Appendix Cshall be adjusted every 12months (and, for the first time, with effect for the remuneration earned in the 13

th calendar month after the date of the Contract by applying the following formula:

Rl= Rl0 x (Il / Il0) where Rl is the adjusted remuneration; Rl0 is the remuneration payable on the basis of the remuneration rates (Appendix C); Il is the official index for salaries in the Client’s country for the first month for which the adjustment is to have effect; and Il0 is the official index for salaries in the Client’s country for the month of the date of the Contract. The Il and Il0 in the adjustment formula for remuneration paid in local currency shall be guided by the Consumer Price Index for all Urban Consumers published in the Reserve Bank of India Bulletin.

45.1 This Contract shall be governed by and construed in accordance with the laws of

India.

(i) All disputes, differences, controversies and questions directly or indirectly

arising at any time under, out of, in connection with or in relation to this Contract (or

the subject matter of this Contract) including, without limitation, all disputes,

differences, controversies and questions relating to the validity, interpretation,

construction, performance and enforcement of this Contract shall be settled, finally,

exclusively and conclusively, by arbitration under the Arbitration and Conciliation

Act, 1996 by a sole Arbitrator to be appointed by the Head of Institution of

Engineers, Kolkata Chapter..

(ii) The arbitration proceedings shall be governed by the Arbitration and Conciliation

Act, 1996, and shall be conducted in English at Kolkata.

(iii) In relation to any legal action or proceedings to enforce this Contract, or in relation to or



arising out of or in connection with this Contract ("Proceedings"), the Parties irrevocably submit to the exclusive jurisdiction of the courts in Kolkata, India.

IV. APPENDICES

APPENDIX A – TERMS OF REFERENCE [Note: This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations;]

APPENDIX B - KEY EXPERTS

[Note: This Appendix shall include the list of Key Experts- Position-wise and CVs]

APPENDIX C – BREAKDOWN OF LUMP-SUM CONTRAC PRICE

APPENDIX D - COST OF GEO-TECHNICAL INVESTIGATION (PROVISIONAL SUM)

GOVERNMENT OF WEST BENGAL REQUEST FOR PROPOSALS

Documents

Transcript of GOVERNMENT OF WEST BENGAL REQUEST FOR PROPOSALS