improve socio-

Command
-economic conditions of the farmers. The
Area CAD
Development and Water programme was restructured and renamed as
Management (CADWM) progranmme in the year 2004.
oanuah Caidl project was included under
vear 1974 havigtotal Command Area Development (CAD) programme m te
two canal
Culturable Command Area (CCA) a 60 Jakh ha The
systems Eastern Canal System and Gandak canal project corisis
Scheme is 3.99 lakh ha. Western Canal System. The CCA of Western Gandak Canal
Command Area Development (CAD) programme in
1974. Since then 2.81 lakh ha area ofcCA of Western Gandak Canal Scheme had also been
initiated in
the proiect has been covered under CAD
out of which 1.79 lakh ha has been covered by works
katcha field channels and 1.02 lakh ha has been
pucca field channels. Therefore, the balance area left covered oy
for command area development is 1.18
lakn hd.
In principle, the control and management of irrigation network
below the government controlled
outlets is the responsibility of Water Users' Association, As land is not
acquired by government for
CADWM inteventions and the assets created under CADWM not
accounted as government assets, tne
regular maintenance of field channel created under CADWM programme is not be construed as
responsibility of the government; and funds are not be released by default for its routine maintenance.
After construction of field channel it is handed over to the concerned WUA. The repair and maintenance
of the constructed field channels is the responsibility of the concerned WUA.

In the year 2015-16, CADWM Programme has been included as "HarKhetkoPani' component
under 'Prime Minister KrishiSinchaiYojana (PMKSY)'. Twoschemes of Bihar namely Durgawati Reservoir
Scheme and Punpun Barrage Scheme has been included in the list of 99 - Prioritized projects under
'Accelerated Irrigation Benefit Programme (AlBP)'. Out of these only Durgawati CADVWM project is being
executed.

For CADWM related works of other irrigation schemes, a new scheme namely 'Incentivization
Scheme for Bridging Irrigation Gap (1SBIG)' has been proposed by Ministry of Jal Shakti, Govt. of India
which is yet to be approved by Govt. of India. The CADWM related work of balance CCA of Western
Gandak Canal scheme will be proposed under ISBIG. As per draft guidelines of ISBIG, 30% of balance CCA is
mandatory to be covered by Micro Irrigation (M.).

Basic Requirement for CADWM Programme:

The CAD Works should ensure flow of channelized irrigation water to every individual
farm under the targeted Chak/outlet command through the combination of lined and
unlined channels.
The layout of field channel should be designed to feed farnms on both sides of the
channels, and an optimal length of the channel network (including both lined and unlined
portions) should be arrived in amanner acceptable to the farmers of the targeted outlets
command.
At each head, suitable device for regulating/controlling flow of water should be provided
So as to prevent wastage of water. The field channels should remain above the adjacent
farm levels for ensuring gravity flow of water to the fields.
3.4 SCOPE OF WORK

Analysis of the existing provisions in the project and preparation of the project as a development plan related
to irrigation, flood control with a specific objective of providing best techno-economical viable methodology
Page 25 of 49
as pe5udeines Tor Integrated Water Recoureoe Develonment in Saran district incluanE
improvement in
existing canal system, drainage improvement and command area developmentand
conjunctive use of groundwater with a provision of micro irrigation along with mitigations of
with improvement of drainage tloods alois
system.
Under ie scope of work, the consultant has tonrenare three DPR's in two phases which are
as folloWS!-
A. PHASE-I

Irrigation
The objectives of project are to improve the existing canal
system and maximize dgricuture
production in order to enhance the income of local farmers. The various works proposed should
Comprise optimize use of waterand automation technology i.e installation of discharge measurement
devices & SCADAsystem for canal operations. Depending upon the topography & techno-economical
Viability, the recharge wells, lift irrigation, bandhara irrigation& sub-surface irrigation system will also
be explored & depending upon the soil strata & climatic data by adopting the fundamental irrigation
practices like crop rotation, irrigation frequency &sub-surface drainage to minimize the salinity of soil
will also be taken into consideration. Utmost upgradation of canals through WAPCOS, construction of
sufficient number of outlets and ghats and plantation & beautification works should also be taken into
consideration

Flood Control Management

Under flood control mitigation measures following should be included:
Integration of Wet Lands & Wasteland Areas
Since, there is a huge problem of flood in the monsoon area, a comprehensive approach for
Integration of Wet Lands & Waste land may be prepared so that the waste water can be utilized in
monsOon.

Rejuvenation of Existing Rivers/Waterbodies

The area has many small rivers/waterbodies for which rejuvenation/revival measures shall be
proposed so that they can become functional at the time of floods& in lean period (especially dead
riverssuch as Mahi, Dahi, Gandaki, Sondhi, Chharietc).

III. Flood control& River/ Canal Embankment Strengthening

Flood control works required for prevention and reduction of flood damage, protection of areas, river
regulations, recharging of water, and construction of levees, flood walls, channel improvements and
flood ways. Along with it various River/Canal Embankment Strengthening Measures may also be
adopted for protection at the time of floods.
IV. Hydrological Evaluation
The delineation of the watershed would be undertaken to obtain the hydrological boundary
using
Hydrological Decision Support System tool. This hydrological boundary would be superimposed on the
administrative boundary i.e. taluk/block/district. This would determine the size of the watershed
contributing to water availability in the area.
V. Watershed characterization: This would include,
understanding watershed characteristics mainly,
i. drainage (pattern, density etc.), - alldrainages in the watershed would be
delineated
physiography (size and shape of the watershed);

Page 26 of 49
 ii.
topography (elevation) map,
iV. soils and land use/
cover conditions,
V
water bodies,
vi
groundwater depletion and movenment
VI.
Hydrologicalevaluation through application of HydrologicalDecision Support System Too
HydrologIcal Decision Support System Tool will be applied to the delineated plant
watershed.
Hyarological Decision Support System should be developed interactive software developed on AC
GIS platform for doing complete
spatial analysis.
Hydrological Decision Support System shouldcomprise software Modules on hydroloEY
contaminant transport, sediment movement, crop growth, agricultural BMPs (Best Management
Practices), soil moisture.
Tool should have strong computational ability that captures physics of nature such as infiltration
of raintall in soil matrix, movement of soil mojsture, conversion of rainfall in to surface and
groundwater, evaporation from surface, plant and trees.
Derives physically based inputs (climate data, land, soil)
Uses Globally relevant data from satellite and secondary sources
SRTM (Shuttle Radar Topography Mission) satellite data on topography
b. Indian Meteorological Department (|MD)
C. Food andAgriculture Organization (FAO) soil data, 2012
d. IWMI (International Water Management Institute) Land use data
Currently analyzes 35 years of daily rainfalldata
Outputs distributed both in space and time (outputs can be captured in space in form of maps
that show pockets of highs and lows; and variance can be seen over 35 years)
Converts on-ground databases into millionsof interactive pixels

The analysis of the above databases will be processed (Inputs) to obtain Hydrological Decision Support
System outcomes.

Note: -Water Resources Department ,Bihar will provide survey and investigation data if available with
them to consultant. In case of unavailability of data, the consultant will have to make their own
arrangement for the same.
B. PHASE II

Command Area Development

DPR/ PPR should be prepared in accordance with the following guidelines
1. Guidelines for Preparation and Submission of Detailed Project Report
(DPR) of CADVWM
Projects under the proposed Incentivization Scheme for Bridging Irrigation Gap (ISBIG).
2. Guidelines for lncentivization Scheme for Bridging
Irrigation Gap (ISBIG).
3. Guidelines for Planning and Design of Piped Irrigation
network.

Page 27 of 49
 DPR shall
include layouts and drawing Works below each outlets of
the
minors/distributaries. To the extent detailing the proposed CAD
channel outlets possible DPR shal| also present the geo-tagging of field
proposed be created under
to
CAD works.
Planning on-tarm development which satisfies the field
in lavout. land preparation, use o me
Cultivation, enable efficient soil & Conserve soil & water to prevent water
logging, facilitate to access the fields water management,
Field Water Distribution System- It consists of field
channels, pipelines, flumed strutue
Canal outiets to the field by means of micr-irrigation ie Pipe Hvdrant, Travelers & Drip Irrigation
etc. for the conjunctive use of
water.
rieid Dralnage to remove excess rainwater from irrigation &where water level is high sub-surface
drainage, laying down deep open/tile drain
Crop Rotation/Crop Calendar- The post project crop calendar is to be designed based on the
availability of water for the maximum B-C Ratio.
Rotaion/Warabandi/Chakbandi- Depending upon the availability of water the rotation system of
canals, warabandi for the farmers after making the necessary chakbandi will be constituted.
DPR shall chart out a viable road map for PIM in the targeted command. DPR shall list out the
WUAS already created along with details of their CCA coverage, and it shall also identify the
balance WUAs to be created along with targeted CCA under them.
Timelines of Non-Structural interventions (e.g. registration of WUAs, release of functional
grants/infrastructure grants to wUAS, trainings to WUAs/farmers etc.) shallbe presented in the
DPR along with completion schedule of structural interventions in respective jurisdictions.
DPR shallinclude quarterly phasing of the physical and financial targets.
DPR shall include provision for monitoring and evaluation.
DPR shall be based on feasibility studies, anticipated benefits (outputs/outcomes) that will flow to
the farmers/State and definite timelines for implementations of projects.
DPR shall include detailed cost estimate as well as component-wise cost estimate.

3.5 For the above objectives, the preparation of DPR of the Project shall be broadly divided in 3
Stages:

1. Stage- :Preparation of Situation Analysis &Concept Report.

2. Stage-ll: Preparation of PreliminaryProject Report (PPR)of three components:
a) IRRIGATION
b) FLOOD CONTROL MANAGEMENT
c) COMMAND AREADEVELOPMENT
3. Stage-lll : Preparation of Detailed Project Report (DPR) after approval of PPR.
 3.6 TIME SCHEDULE

A. The time frame for completing the Phase-l of the nrenaration of DPR of the project shall be ds
S.No.
Stage TimePeriod
Stagc-1: Preparation of Concept Report. 15 days from the issue of LOI
2.
Stage-1I: Preparation of Preliminary Project Report
(PPR) on the basis of the proposal finalized by the
competent authority
a) Irrigation 30 days after approval of
Concept Report.
b) 30 days after approval of
Flood Control Management
Concept Report.
3
Stage-III: Preparation of DPR
a) Irrigation 25 days after approval of PPR

b) 25 days after approval of PPR

Flood Control Management

B. The time frame for completingthe Phase-ll of thepreparation of DPR of the Project shall be as follows:
S.No. Stage Time Period
1. Stage-I: Preparation of Concept Report. 30 days from the issue of LOI
2. Stage-II:Preparation of Preliminary Project Report
(PPR) on the basis of the proposal finalized by the
competent authority
a Command Area Development 9 months after approval of
Concept Report.

3 Stage-III: Preparation of DPR

a) Command Area Development 4 months after approval of PPR

3.7ELIGIBILITYCRITERIA

i) Technical/Financial

The bidder must satisfy the following eligibility criteria:

a) Bidder must be a Registered entity incorporate by any Law of India with a minimum of 10 years
of operations having experience in preparation of Detailed Project Reports and Project
Management in Irrigation Sector. Preference will be given to Central Government/State
Government Public Sector Undertakings (PSU).
b) The average annual turnover through Consultancy Services of the agency shall be not less
Than Rs.350 Crores in the last three financial years, ending March2020. Turnover Certificate for
the last three years ending March 2020 shall be provided certified from the Statutory Auditor.

Page 29 of 49
 c) The Bidder should not have
Five financial years incurred any loss (Profit after tax should be positive)during the last
ending on the financial year
d) Bidder must have a valid ISO 2019-20.
e) The Bidder
Certificate.
musthave valid GST regist ration: cony of Certificate of Registration
enclosed. m

i)
EssentialDocuments
Biddersare required tosubmit
followingdocuments/certificates:
Registration, Ownership as well as Constitutional and Legal status of the Applicant
Certitied copies of the audited Balance sheets for last Financial Fiveyearsending on 31.03.2020
Power of Attorney in Original in favour of the person signing the Bla
Copy o f PANCard, Copy of Certificate of GST Registration,Certified copies of Income Tax Return
forms of last three years
3.8 Evaluation of Bid
a) Evaluation of Technical Proposal
The scoring criteriato beused for evaluation shallbe as follows:
Points
S.No Description

a) Average annual turnover through Consultancy Services (in last

three financial year):
2
i) less than Rs.350 Crore
3
Crores
ii) between Rs 350 Crores and Rs 500
5
ii)more than Rs.500 Crores

(DPR) for
b) Experience in preparation of Detailed Project Reportsatisfactorily|
Irrigation projects in India or abroad, that have been authority, 15
completed as a prime consultant to the main client/project
Criteria i),ii)or ii):
in the last 10 years on fulfilling of any of the three
No. of Similar Project Value of each
assignment(inRs.)
Criteria
Projects
3 1000Crores
i)
2 2000Crores
i)
1 5000Crores
ifi
5
c) Office Setup in Patna
45
d) Particularsofkey Personnel

Key personnel must be working in organization since 2years.

Consultant have to give certification/ undertaking.

Page 30 of 49
 Team Leader-1no. 6
Must have
Graduation in Civil
Engineering with atleast 15years
experience in
& allied sectormanagement
of proiects.
in a wide variety of preferably in water reso
countries.
Irrigation Expert--2 nos. 6
Must have Graduation in CivilEngineering or
have Equivalent. Should
atleast15years'experience
in planning and implementation
ofirrigationproject.
3
Water Resource Expert-2 nos. 6

Must have Graduation in Civil Engineering & Mastersin Water

Kesources Engineering. Should have atleast 15 years of experience
in planning and implementation of water resources project.
Geo-Technical Expert-1 no. 2

Post-Graduation in Geo-Technical Engineering with atleast 15 years

of relevant experience
Structural Expert-2 no. 4
Graduation inCivil Engineering and Post-Graduation in Structural
Engineering with atleast 15 years of experience in structural design
of water resources projects

6 Environment Expert-1 no. 2

Graduation in Civil Engineering, and Post-Graduation in
Environmental Engineering/ Environmental Science/ Environmental
Management with at least10 years of experience in the
preparation of Environment Impact Assessment Reports of project
in water resources sector.
7 Command Area Development Expert 3

Must have Graduation in Civil Engineering. Should haveatleast 10

years of experience in relevant field
8 Social Expert-1 no. 2

Masters in Sociology & should have at least 15 years of experience

working in Water Resource/irrigation Projects
Agriculture Specialist 3

Ph.d./M.Tech. (Economics/Agricultural Economics/Agronomy)with

10 Hydrology Expert-1 no. 3
Masters in Water Resources & should have at least 10 years of
experience working in Hydrology
11 Geo-Hydrologist-1 no. 2
Masters in Hydro-geology/Geology with a minimum 15 years of
experience in Geological & Hydro geological Surveys, investigation,
Exploration and assessment of ground water resources

Page 31 of 49
-
 12 GIS
Expert-1 no. 2

Degree/ Diploma in GIS with at least 15 vears of

thererelevantfield. experience in
13 |Design Engineer- 4nos. 4

D.tecn In Civil Engineering with at least 10 vears of

experienCe
working in Design of Water Resource/Irrigation Projects
(e) Technical Presentation on 30

CompanyProfile,
Company's relevant experience,
Proposed Team andexperience
Understanding of ToR and Approach& Methodology
Adequacy and quality of the proposed methodology, and
work plan in responding to the Terms of Reference (ToR) (The
Client will assess whether the proposed methodology is clear,
responds to the TORS, work plan is realistic and
implementable; overallteam composition is balanced and has
an appropriate skills mix;and the work plan has right input of
Experts
Understanding of Project site
Understanding of Guidelines of CWC/Authorities for the
approval of DPR.

The Bidder scoring minimum 75 points out of 100 shallbe eligible for opening of FinancialBids.

b) Evaluation of FinancialProposal

L In the second stage, the financial evaluation will be carried as under. Each financial
proposalwillbeassigned a Financial Score (FS).

ii.For Financial evaluation, the totalcost indicated in the Financial Proposal asspecified in
Annexure-1-Price Schedule.

i.The authority will determine whether the Financial Proposals are complete, unqualified and
unconditional. The cost indicated in the financial proposal shall be deemed as final and reflecting
total cost of services. Omission, if any, in costing any item shall not entitle the firm to be
compensated and the liability to fulfill itsobligations as per the TOR within the total quoted price
shall be that of the consultant.

iv.The lowest Financial Proposal will be given a Financial Score(FS)of100 points.

The financial scores ofother proposals will be computed as follows:
FS = 100x Lowest Financial Proposal/Financial Proposal of Bidder
 c)
Combined Evaluation of Technical and
rroposal will finally be ranked
Financial Proposals
acrording to their combined Technical Score lo)
Financial Score(FS) based on which Composite score would be calculated using the
weights indicated as follows:
S= TSx0.8 + FSx0.2

3.9Award of Contract

Arter completing negotiations with the bidder scoring highest composite score, the
client shall
award the contract to the selected agencv/institution. Client shall return the
unopened financial
proposals to the institutions whose technical proposals have not secured the
minimum
qualitying marks(75) or were found to be technically non responsive.
Ihe agency /institution is expected to commence the services immediately after award of
Contract.

3.9 PAYMENT TERMS

The breakup of the Total Lump Sum Consultanc Amount will be in accordance with Price Schedule
attached as Annexure-1.
b. The detailed Terms of Payment for each activity along with deliverables for Phase-l of the Project
shall be as under:

S.no Particulars Percentage

1. Mobilization Advance 20%
2. On submission ofConcept Report 15%
3. On submission of PPR of Irrigation Component 15%
On submission of PPR of Flood Control
4. 15%
Component
5. On submission of DPR of Irrigation Component 15%

6.
On submission of DPR of Flood Control
15%
Component
7 On approval of DPR from CWC 5%

C.
The detailed Terms of Payment for each activity along with deliverables for Phase-ll of the Project
shall be as under:

S.no Particulars Percentage

1 Mobilization Advance 20%
2. On submission ofConcept Report 20%
On submission of PPR of Command Area
3 30%
Development Component
On submission of DPR of Command Area
4
25%
Development Component
5 On approval of DPR from CWC 5%

Page 33 of 49
 Annex
S.No.
Stage
FormatforPriceScheduleUnit Amount (in Rs.)
1
Stage-I: Preparation of Situation
& Concept Report-A Analysis L.S.
In Figure and words
Stage-II: Preparation
on the basis
of Projcct Report L.S. In Figurcand words
of the proposal
thecompetent finalizcd by
a) authority-B (a+btc)
Irrigation L.S.
In Figureand words
b)
Flood Control Management L.S.
In Figureand words
Command Area Developmcnt L.S. In Figureand words
3. Stage-III: Preparation of DPR-C (atb+c) L.S. In Figureand words
a) Irrigation L.S. In Figureand words
b) LS. In Figureand words
FloodControl Management
c) Command Area Development L.S. In Figure band words
Total for all 3 stages(in Rs.)(A+B+C) In Figureand words

3.10Duration of Contract Period:18(Eighteen) months from the date of issue of work order.

3.11 ReviewCommittee/Review Period:

The report/deliverables will be reviewed by a Review Committee set up by W.R.D.,
GoB which may consist of following members:

i) Chief Engineer, Advance Planning Investigation and Project Preparation, Water Resources
Department, Patna.
i)Chief Engineer, Central Design Rescarch and Quality Control, Water Resources Department,
Patna.
i)Chief Engineer, Irrigation Creation,Water Resources Department, Siwan.
iv) Chief Engineer, FloodControl & Drainage, Water Resources Department, Gopalganj.
v) Joint Director, Hydrology Directorate, Patna.
vi)Superintending Engincer, Advance Planning Investigation and Project Preparation Circle, Patna.
vii) Superintending Engineer, Command Area IDircctorate, Patna
Page 34 of 49
.ii)Superintending Engineer,
Irrigation Creation Circle, Chapra.
ix)Superintending Engineer, Food
Control Circle,
w Fxecutive
Engineer, Saran Canal Division, Chapra.Gopalganj.
v) Executive Engineer, Flood
Control and Drainage Division, Chapra.
xii) Executive Engineer, Advance Planning
Investigation and Project Preparation Division- Ol,
Patna
xiii)Geologist, WRD, GoB, Patna

The committee will provide review report within 15 days

after report submission by the Consultant.

Page 35 of 49
 SECTION 4

PROPOSAL FORMS

Page 36 of 49
 PROPOSAL SUBMISSION LETTER
To,
THEEXECUTIVE ENGINEER,
ADVANCE PLANNING INVESTIGATIONR, proIECT PREPARATION
JAL SANSADHAN BHAWAN DlVISION-Ul
ANISHABAD, PATNA-800002
Sir,

witn reference to the Executive Engineer, dvance Planning Investigation and Project
Preparation Division - 01, Jal Sansadhan Bhawan Anishabad, Patna-02, Bihar letter no.
dated
and the Proposal document forwarded to us under your Letter
No.... dated........We, the undersigned offer our Proposal for the work of
"Consultancy Services for Preparation of Detailed Project Report for Irrigation, Flood Control&
Drainageand Command Area Development in Saran District of Bihar".

" in accordance with the Proposal document.

The earnest money deposit for the amount of........ .in form of ........ is enclosed with
FINANCIAL PROP0SAL (R.F.P)
Unless and until a firm agreement is prepared and executed, this Proposal along with the
contract documents to the extent that these are applicable for this Proposal shall constitute a
binding contract between us.

Date..... ... .e** Signature

1 in the capacity of
Witness:

Address &Occupation
2....
Address & Occupation
Duly authorized to
Sign on behalf of
Signature:

Full Name:

Designation

Address:

Page 37 of 49
 RFP SECURITY (BANK
GUARANTEE UNCONDITIONAL)
WHEREAS
The Consultant has submitted his RFP .(Name Of Consultant)(herein after called)
of... dated (date) for the preparation of Detall Proje
.ot RFP(name of agreement) hereinafter called the RFP..
KNOW ALL PEOPLE by these
presents that We.
Our
...name of Bank) of. ..(nameof country) having
registered office at
.(here in after called the Bank)
We bound unto Executive
Engineer..
the Employer) in the sum of...
(name of Employer)(hereinafter called
....

Tor which payment welland truly to be made to the said Employer by the Bank itself, his successors
and assigns by these presents.
SEALED with the Common Seal of the said Bank this... day of .....2020.

THE CONDITIONS OF THE OBLIGATION ARE:

(1)lfafter RFP opening the Consultant withdraws his proposal during the period of proposal validity
specified indocument of REP.
OR

(2)1f the Consultant having been notified to the acceptance of his proposal by the Employer during the
period of proposal validity.

(a) fails of refuses toexecute the Form of Agreement in accordance with the instructions to
Consultant if required or

(b) fails or refuses to furnish the performance Security in accordance with the instruction to
Consultant or
(c) does not accept the correction of the RFP price pursuant to concerned.
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate for demand provided that in his demand the
Employer will note that the amount claimed by him as due to him owing in the occurrence of one or any
of the three conditions,(Specifying the occurred condition or conditions)
This Guarantee will remain in force up to one hundred eighty days after Sublimation of RFP (
request for proposal)as if may be extended bythe Employer notice of which extension(s) tothe Bank is
hereby waived. Any demand in respect of this guarantee should reach the Bank not later than the above
date.

DATE.. SIGNATURE.

WITNESS. SEAL.

(Signature name and address)

Page 38 of 49
 PERFORMANCE BANK GUARANTEE
TO,

..(nameof Employer)
..(Address)
WHEREAS.
(name and address of Consultant)(there after called the
Consultant ) has
undertaken pursuance of contract (
in dated..
prepare DPR of (name of Contract and brief description agreement)
to
NO...
of works)(hereinafter called the Contract).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultant shall
Tumisn you with a bank guarantee by recognized bank for the sum specified therein as security for
compliance with his obligation in accordance with the contract
AND WHEREAS we have agreed to give the consultant such a Bank Guarantee.
NOW THEREFORE We hereby affirm that we are the Guarantor and responsible to youon behalt
of the consultant up to a total of ..........( amount of (in words) such sum
guarantee)
being payable in the types and proportions of currencies in which the contract price is payable,and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits of . (amount of guarantee )as afore said without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the consultant before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
contract or of the job (TOR) to be performed there under or of any of the contract (RFP) documents
which may be made between your and the consultant shall in any way release us from any liability
under this guarantee, and we hereby waive notice of any such change] addition or modification.

This guarantee shall be valid until the satisfactory completion of job as per TOR to be declared
by the Employer.

Signature and Seal of the Guarantor.

Name of Bank

Address.
Date.

Page 39 of 49
 This agreement made on
Governor of Bihar
AGREEMENT FORM
(name and address of the Day of Between On behalf of the
"....m. ....

consultant) herein after called the Employer) (herein after called) the name and address of
consultant of the other part)
Whereas the Employer is desirous that the
Identitication no. of contract) (herein after called theConsultant
iob
execute .(name and
the KFP by the contractor for the )lassignment)and the Employer has accepted
defect therein at cost of execution and completion of such job and the remeaying O ay
NOW THIS Rupees..
AGREEMENT WITNESSES as follow:
d. ln this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the document of RFP herein after referred to and they
shall be deemed to form and be read and construed as part of
this agreement.
2. In consideration of the payment to be made by Employer to the
Consultant as herein
after mentioned,the Consultant hereby covenants with the Employer to complete the
job(TOR) and remedy any defects therein in conformity in all aspects with the provisions
of the contract.
3. The Employer hereby covenants to pay the consultant in consideration of the
completion of the job and the remedying the defects wherein contract (Agreement)
price of such other some as may be come payable under the provisions of the
contract(Agreement) at the times and the manner prescribed by the contract
(Agreement).
4 The following documents shall be deemed to the form and be ready and construed as
part of this agreement viz.
i) Letter of invitation of RFP.
ii) Information to consultant.
ii) Terms of reference for preparation of DPR.
iv) Letter of acceptance
v) Notice to proceed with the job.
vi) Consultant RFP.(Request for proposal.
vii) Special conditions of Agreement.
vii) Correspondences between Department or Employer both and Consultant
before Agreement starting from EOl invited by Department.
In witnessed whereof the parties there to have caused this
Agreement to be executed the day
and year first before witness.
The Common seal of...
Was hereunto affixed in the presence of:
Signed Sealed and Delivered by the said.

In the presence of :
Binding Signature of the Employer..
Binding Signature of the Consultant...

Page 40 of 49
5. SPECIAL CONDITIONS OF AGREEMENT

Page 41 of 49
s0 SPECIAL
CONDITIONS OF AGREEMENT:
5.1.1 ABOUT WORK PLAN:

From the date of issue of letter of

Acceptance. the work shall be completed in a phase manner. ie c
period for the different activities shall be decided
through mutual consultation between the consultaa
and the Employerconsidering specific
requirement of different scheme.
Reports will be submitted by Consultant in one set in CDs along with required
number of Hard copies as
mentioned in the document.

5.1.2 ABOUT RATES &PAYMENTS:

The rates quoted by the Consultant will be as a whole for all services to be provided by the consultant.
Ihe accepted rates shall form the basis of payment to the consultant. The Consultant will be paid
consultancy fee as percentage of the contract value as per mentioned in clause number 3.1.3. All
paymentsS shall be subjected to statutory deductions such as TDS etc. The payment shall only be made
after submission of bill by the Consultant.

The payment shall generally be made within 15 days from the submission of the bill by the Consultant
However; no payment shall be made to theConsultant till such time Service tax registration certificate is
submitted.

The study would be stopped if the scheme is not found feasible at any stage of study and accordingly
remuneration would be paid to the consultants.

5.13 DELAY ANDEXTENSION OF (AGREEMENT) PERIOD :

5 1.3.1 The time allowed for execution and completion of the works or part of the works as specified in
the contract,shall be essence of the contract on the part of the Consultant.

5.1.3.2As sOon as it becomes apparent to the Consultant, that the Job (TOR) and /or portions thereof
(required to be completed earlier), cannot be completed within the
period(s) stipulated in the contract, or the extended periods granted, he shall forthwith
inform the department and advise him of the reasons-for the delay, as also
the extra time required to complete the works and/ or portions of work, together
with justification therefore. In all such cases, whether the delay is attributable to
the Consultant or not, the Consultant shall be
bound to apply for extension well
within the period of completion/extended period of completion of the whole
works and/or portions thereof
5.1.3.3 DELAYS NOT DUE TO DEPARTMENT (WRD)

If the completion of the whole job (TOR) (or part thereof which as per the)(
required to be completed earlier), is likely to be delayed on account of:
Agreement is

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a) any force majeure event
b) Any relevant order of court or
c) Any other event or
is not due to the OCCurrence which, according to the Engineer-in-charge
Consultant's failure or fault and is bevond his control the
extensions of the completion, period as in his opinion is department may 5a e
reasonable.
5.1.3.4 DELAY DUE TO
DEPARTMENT (WRD,GoB)
In the event of any failure or delay bythe Department (WRD) G.O.B. in fulfilling his obligations under
tne contract, then such failure or delav, shall in no way affect or vitiate the contract or alter the
character thereof; or entitle the Consultant to damages or compensation thereof but in any sucn Case,
the department shall grant such extension or extension of time to complete the work, as in his opinion
is/are reasonable.

5.1.3.5 PENALTY FOR DELAY

In case of delay in completion of services, a penalty equal to 0.5% of the agreement value per
day of delay subject to a maximum 20% of the contract value willbe imposed and shall be
recovered from payments due or encashment of performance security. However in case of
delay due to reasons beyond the controlof the consultant, suitable extension of time will be
granted.

5.1.3.6 DEPARTMENT DECSION ON COMPENSATIONPAYABLE BEING FINAL

The decision of the department as to the compensation, if any, payable to the Consultant
under this clause shall be final and binding.

5.1.3.7 Time to continue to be treated as the essence of contract in spite of extension of time. It is an
agreed term of the contract that notwithstanding grant of extension of time under any of the
sub-clause mentioned herein, time shall continue to be treated as the essence of contract on
the part of the Consultant.

5.1.4 TERMINATION OF CONTRACT (AGREEMENT) DUE TO CONSULTANTS DEFAULT

5.1.4.1 Conditions leading to termination of contract

i. If the Consultant:

a) becomes bankrupt or insolvent, or

b) makes arrangements with assignment in favor of his creditor,
or agrees tocarry out the contract under committee of inspection of his creditors or
c) being a company or corporation goes into liquidated by a resolution passed by the
Board of Directors/ General Body of the shareholders or as aresult of court order ( other than
voluntary liquidation for the purpose of amalgamation or reconstruction), or

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 d) has execution levied on his
goods or
assigisor sublets the contract or anyproperty
e) or the works, Or
nart thareof othenwise than as provided for Undel
conditions of this contract: or
f)
abandons the contract; or
Persistently disregards instructions of the Employer/Department or contravenes any
provisionsof the contract; or completion of
h) Job(TOR)
Talls to adhere to the agreed programme of Job(TOR)or fails to complete the
Job(TOR)
OT parts of the complete the Job(TOR) within the stipulated or extended
period of completion,
Or Is unikely to complete the whole work or part thereof within time
because of poor record oT
progress ;or
i) Falls to take steps to employcompetent and /or additional staff and labour; or
j) promises, offers or gives any bribe, commission, gift or advantage, either himself or
through his partners, agents or servants to any officer or employee of the Engineer or the
Department (WRD),or to any person on their behalf, in relation to obtaining orexecution of this
or any other contract with the Department (WRD), or
k) Suppresses or gives wrong informationwhile submitting the proposal.
In any such case the Engineer in charge/Employer on behalf of the Department(WRD) may
serve the Consultant with a notice in writing to that effect and if the Consultant does not within
07(Seven) days after delivery to him of such notice, proceed tomake good his default in so far
as the same is capable of being made good, and carry on the Job(TOR) or comply with such
instructions as aforesaid to the entire satisfaction of the Engineer in charge/ Employer shall be
entitled after giving 48 (Forty eight) hours notice in writing to terminate the Contract
(Agreement), as a whole or in part or parts( as may be specified in such notice).
ii. In such a case of termination, the Employer/ Engineer in charge may adopt the following course Carry
out the whole or part of the work from which the Consultant has been removed by engaging another
consultant or deployment of technical staff at site.

5.1.4.2 ENTITLEMENT OF EMPLOYER (WRD)/ENGINEER

In cases described in Sub-clause of 5.1.4.1 (ii) above, the Department (WRD) /Engineer shall be entitled
to:

a) Forfeit the whole or such portion of the Performance Security

Security Deposit amount, as he may deem fit, and
b) Recover from the Consultant the cost of carrying out the balance work in excess of the
sum, which he would have been paid. According to the certificate of the Engineer, if the works
had been carried out and completed by the Consultant under the terms of the contract. Such'
certificate shall be final and binding upon the consultant. The amount to be recovered may be
deducted by the Engineer in charge (WRD) from any other moneys due to the Consultant alone
or jointly under this or any other contract.

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5.1.5
TERMINATION OF
CONTRACT (AGREEMENT) ON (WRD,GoB)/ENGINEER'S
ACCOUNT EMPLOYER

Tne Department(WRD)/ Engineer in charge shall be entitled to terminate the contract, at any
ne, Snouid, in the
necessary, owing toDepartment(WRD)/Engineer' s opinion, the cessation of works
paucity of funds or due to court orders or from any becomesS
other cdse
wnatsoever. Notice in writing from the Department (WRD)/ of such
termination and reasons
therefore, shall be conclusive evidence thereof.
In case of termination of contract on Department (WRD) account as
described above, the
Claims of the Consultant towards expenditure incurred by him in the
expectation of
Completing the whole JOB (TOR), shall be admitted and considered for payment as deemed
reasonable and are supported by the documents/vouchers etc. to the satisfaction of
Department(WRD). The decision of the Department (WRD) on the necessity and propriety of
such expenditure shall be final and conclusive.

However, the Consultant shall have no claim to any payment or compensation or otherwise,
on account of any profit or advantage which he might have derived from the execution of the
work in full but which he could not in Consequence of determination of contract under this
clause.

5.1.6 FORCE MAJEURE

5.1.6.1 If at any time during the currency of the contract, the performance of any obligation (in
whole or in part) by the Department (WRD) or the Consultant shall be prevented or delayed
by reason of any war, hostilities, invasion, acts of public or foreign enenmies, rebellion,
revolution, insurrection, civil commotion, sabotage large scale arson, floods, earthquake or
any other act of God, large scale, epidemics, nuclear accidents, any other catastrophic
unforeseeable, circumstances, quarantine restrictions, any statutory, rules, regulations,
orders or requisitions issued by a Govt. department or competent authority ( hereinafter
referred to as "event" then, provided notice of the happening of such an event is given by
eíther party to the other within 21 days of the occurrence thereof.

a) Neither party by reason of such event is entitled to terminate the contract or have claim for
damagesagainst the other in respect of such non- performance ordelay in performance.
b) The obligation under the contract shall be resumed as soon as practicable after the event has
come to an end or ceased to exist.
c) If the performance in whole or part of any obligation under the contract is prevented, or delayed
by reason of the event beyond a period of 180(One hundred eighty) days, the contract may be
foreclosed with mutual consent by giving a notice of 30(Thirty) days without any reason on either side.
d) In case of doubt or dispute, whether a particular occurrence should be considered an event as
defined under this clause, the decision of the Employer shallbe final and binding.

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 5.1.6.2 It nonotice is issued by either party
regarding the event
OCCurrence, the said event shall be deemed not to have within 21(Twenty one) days o
continue to have effect as such. occurred and the contract wil

51.7
SETTLEMENT OFDISPUTES
Alldisputes or differences of any kind
whatsoever that may arise between the Employer.
and the Consultant in connection with or arising out of
the contract or subject matter
thereof during Consultancy Services or after their completion, whether before or after
termination of contract shall be settled as under :

5.1.7.1 SETTLEMENT THROUGH COURT

It is a term of this contract that the Consultant shall not approach any Court of Law for
settlement of such disputes or differences unless an attempt has first been made by the
parties to settle such disputes or differences through clauses.

5 172 JURISDICTION OF COURTS

Jurisdiction of courts for dispute resolution shall be Patna High Court only.
5.1.8 NOTICES

All notice required or referred to under this Agreement, shall be in writing and signed by
the respective authorized signatories of the parties mentioned herein above unless
otherwise notified. Each such notice shall be deemed to have been duly given if delivered
or served by registered mail,or e-mail or fax speed post of Department of posts with an
acknowledgement due to other parties.

5.1.9 OVER AND UNDER PAYMENT

The Employer reserves the right to carry out post payment audit and examination of the
payments made to the consultant at any stage. The Employer/department (WRD) further
reserves the right of recovery of any over payment from the Consultant when detected.

5.1.10 MATTERS RELATED TO AGREEMENT TO BE TREATED AS CONFIDENTIAL

() All documents, correspondences, decision and orders concerning the agreement shall be
considered as confidential and/ or restricted in nature by the consultant and he shall not
divulge or allow access to them by any authorized person.
() The consultant shall use all the documents, drawings and other data and
information of a
proprietary nature received from the department (WRD) solely for the purpose of
performing and carrying out the obligations on this part under this Agreement and shall not
disclose the same to any other person except to the extent required, in the
the work for the Project and shall maintain the utmost
performance of
secrecy. The consultant shall bind his

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 employees who are involved in the Proiect by a
dfdwin8S, other data and information receivedsuitable
from
secrecy agreement. Ine docu
the
used by the consultant for any other department (WRD) shall not be
the department (WRD) and should be
purpose. without obtaining written permission rom
(1) Any violation of the security of these
returned to the department (WRD) on demand.
confidential
penaland legal actions against the consultant in
and restricted documents will attract
accordance with the existing law (s).
5.1.11 REMOVAL OF
CONSULTANT PERSONNEL
Ihe consultant shall on the written direction of the Employer
person employed thereon who may in the opinion of the departmentimmediately remove, any
by
misconduct himself. Such person shall not be employed again without the incompetent
or has
of the department (WRD). written permission

5.1.12 SUPERVISION OF CONSULTANT

The Consultant shall during the course of execution of the task keep in requisite number
competent, qualified and experienced Engineers/ Consultants and necessary assistants to
supervise the execution of the task and to represent the consultant in his absence, as his
agent. If the consultant fails to appoint suitable Engineers/Consultants as directed by the
department(WRD) the latter shall have full power to suspend the contract until such date as
suitable Engineers/Consultant in requisite number are appointed and the consultant shall be
responsible for the delay so causedto the work, and no claim will be entertained against.
5.1.13 INSPECTION BY THE DEPARTMENT (WRD)/EMPLOYER

All services performed or under progress and documents like report, design, drawings, data
estimate etc, shall at all times be open to the inspections and supervision of the Employer
and his authorized representatives. The consultant shall duly furnish all aids and assistance,
free of charge that may be required for proper inspection and examination of the services.

5.1.14 TOOLS, PLANTS AND EQUIPMENTS

The consultant shall provide-at his own expense all tools, plants and equipment required. The
department shal not take any responsibility for supplying or arranging any tools and
equipments.

5.1.15 RELEASE OF CLAIMS

After completion of the work/services and prior to the final payment the
furnish to department (WRD) a release of claims against the Consultant shall
government arising out of the
agreement other than claims specifically identified, evaluated and accepted from
of the release by the consultant. operation
5.1.16 DEATH OF CONSULTANT

The agreement shall not be dissolved by the

death or demise of the consultant. His rights
and obligations shall pass to his
successors.

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5.1.17
PARTNERSHIPS
i)
Addition of partner(s)
Snould the consultant be apartnership and at any time take and
Parnes he or they shall hence be deemed to be included inadditional partners or
the expression the
consulting Firm.
ii) Withdrawalof partner(s)
Should the consulting firm be a partnership the Agreement shall not be dissolved by
the death or withdrawal of any or more members of the
partnership?
5.1.18 SUB CONTRACTS

Any Sub-contract or modification or termination thereof, relating to the performance of the

services by the consultant shall be made only with the advance written agreement of the
department (WRD).
5.1.19 INSURANCE:

The consultants shall take out and maintain insurance against loss of or damage to their
properties, including papers, documents and equipments, necessary to the services. The
Consultant shall take out and maintain full insurance against claims by third parties resulting
from acts performed in carrying out the service. The department takes no responsibility in
respect of life, health, accident, travel and other insurance coverage for the personnel and
equipments etc.

5.1.20 PRICES ADJUSTMENT:

No price adjustment shall be allowed.

5.1.21 RATES FOR ADDITIONAL JOB.

If in the opinion of the department, it is necessary to carry out any additional job for the
purposes of the project in addition to the Services, the consultant, with the prior
authorization of the department, shall carry out such additional job and charge for the
personnel required on the same basis as for the services.

5.1.22 ARBITRATION:
All disputes or differences in respect of which the decision had not been final and conclusive shall be
referred for arbitration to asole arbitrator as follows: Within Thirty days of receipt of notice from the
consultant about his intention to refer the dispute to arbitration the Engineer-in-chief( Head Quarter)
WRD, G.O.B,Bihar shall send to the consultant a list of three officers of the rank of Superintending
Engineer of WRD of Govt. of Bihar who have not been connected with the work under this contract.
The consultant shall within 15 (Fifteen) days of receipt of this list, select and communicate to the
Engineer-in-chief (Head Quarter) WRD,G.O.B. Bihar the name of the one officer from the list who shall
Page 48 of 49
 then be appointed as the sole Arbitrator If the conultant fails to
communicate his selection or namle,
WIthinthe stipulated period, the Engineer-in-Chief(Head Ouarter) WRD,G.O.B. Bihar shall without delay
select one Officer from the list and appoint him as the sole Arbitrator. If the
Engineer-in-chier (Hedd
Quarter) WRD,G.0.B. Bihar fails to send such alist within thirty days, as stipulated, the consultant snall
Send a Similar iist consisting of Superintending Engineer of W.R.D. to the Engineer-in-chiet (Head
Quarter) WRD, G.0.B. Bihar within fifteen davs. The Fngineer-in-chief (Head Quarter) WRD,
Bihar shall then select one officer from the list and appoint himn as the
G.0.D.
Sole Arbitrator Witnin mteen
days. If the Engineer-in-chief ,Head Quarter.WRD.GoB. Bihar fails to do so, the contractor shal
Communicate to the Engineer-in-chief (Head OuarterlWRD.GoB. Bihar the name of one officer from the
list, who shall then be the sole
arbitrator.
The Arbitration shall be conducted in accordance with the provisions of the Arbitration &Conciliation
Act 1996 or any statutory modification thereof The decision of the Sole Arbitrator shall be final and
binding on the parties thereto Thearbitrator shalldetermine the amount of cost of arbitration tobe
awarded to either parties.

Performance under the contract shallcontinue during the arbitration proceedings and payments due
to the contractor shall not be withheld unless they are the subject matter of the arbitration
proceedings.
All Awards shall be in writing and in case of awards amounting to Rs. 5.00 lakh(Five Lakh) and above,
such awards shallstate the reasons for the amount awarded. Neither party is entitled to bring aclaim
to arbitration, if the arbitrator has not been appointed before the expiration of 12 (Twelve) months
from the date of payment of final installment.

5.1.23 EXTENSION OF PERFORMANCE SECURITY:

The performance security (The interest bearing Government Securities and the interest bearing deposits
Bank Guarantee) shall remain valid upto the completion date of job. If the completion date gets
extended the validity period of these including Bank guarantee will also have to be extended for further
period accordingly.

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