PROJECT MANAGEMENT CONSULTANCY (Supervision and

Quality Control) FOR INFRASTRUCTURAL DEVELOPMENT

WORKS FOR Scheme No 64 and 65 &TDS-02 (PHASE-II)
OF JDA, AT JABALPUR.

Issued By
Executive Engineer
Jabalpur Development Authority
7A, Civic Center, Marhatal,
Jabalpur – 482002
Mob.: 9826492114
Email: ceojda@gmail.com

Page |1
 JABALPUR DEVELOPMENT AUTHORITY
7A, Civic Center, Marhatal, Jabalpur (M.P.) Pin – 482002

No.1304 Dated:- 30-05-2025

NOTICEINVITINGTENDER

Online tenders are invited on Percentage basis for PROJECT

MANAGEMENT CONSULTANCY FOR INFRASTRUCTURAL DEVELOPMENT
WORKS FOR Scheme No 64 and 65 &TDS-02 (PHASE-II) OF JDA, AT
JABALPUR.

Tender documents can be purchased from website

https://www.mptenders.gov.in. Help manual to the contractor scan be seen on the portal of
e-procurement system.

S. Name of work Probable Earnest Cost of Time allowed Eligibility

No. amount of Money tender for completion
including /
criteria
contract form Remarks
excluding rainy
(Rs.) +GST(Rs.) season

(Rs.)

01 As specified GST shall

PROJECT be paid
in RFP separately as
MANAGEMENT
30 documents per
CONSULTANCY FOR
3.50 Cr 3,50,000 17,700 Months applicable
INFRASTRUCTURAL rates. So
DEVELOPMENT WORKS (Excluding
Tender Rates
FOR Scheme No 64 Rainy should be
and 65 &TDS-02 season)+3 quoted
(PHASE-II) OF JDA, AT months accordingly
JABALPUR. post
completion

Note:-
1. The Firms should have registration with Employees Provident Fund, ESIC,
GST, and PAN. Copy of registration is to be submitted along with
tender document.
2. Amendments to NIT if any, would be published on portal (https://www.mptenders.gov.in.)
only, and not in newspaper.
3. Any type of exemption in Tender form fees/EMD will notable allowed and tender
without tender form fees / EMD shall be rejected prima facie.

Executive Engineer
Jabalpur Development Authority
Jabalpur

Page |2
 JABALPUR DEVELOPMENT AUTHORITY
7A, Civic Center, Marhatal, Jabalpur (M.P.) Pin – 482002

RFP Document

PROJECT MANAGEMENT CONSULTANCY FOR INFRASTRUCTURAL

DEVELOPMENT WORKS FOR Scheme No 64 and 65 &TDS-02 (PHASE-
II) OF JDA, AT JABALPUR.

JABALPUR Development Authority Invites Request for Proposal (RFP) from eligible Consultant
for Providing Consultancy Selection PROJECT MANAGEMENT CONSULTANCY
FOR INFRASTRUCTURAL DEVELOPMENT WORKS FOR Scheme No 64
and 65 &TDS-02 (PHASE-II) OF JDA, AT JABALPUR.

Costofproject: -

Tentative cost of projects for monitoring is Rs. 350 Crore. The Final Payment
to the consultant will be calculated as per the percentage rate of the final
project cost quoted in the bid . The final project cost will be the payment
made to the contractors including escalation but excluding G.S.T.

Page |3
 Key Dates:-
TENDERTIMESCHEDULE

S. JDAStage Contractor KeyDates

No. Stage &time
1 Tender Preparation - 04-06-2025
and release of NIT 10.30

2 - Purchase of Tender 04-06-2025

Online Start Date& 10.30
Time
3 Pre-Bid Meeting at - 16-06-2025
JDA 03.30
Bid submission 04-06-2025
Online Start Date& 10.30
Time
4 - Tender Purchase and 23-06-2025
Submit Bid Online 05.30
End Date & Time
5 Opening of EMD, Cost - 25-06-2025
of tender document 10.30
and Technical
Bid/Financial Bid

Page |4
 DATASHEET

1 The description of the project PROJECT MANAGEMENT CONSULTANCY

FOR INFRASTRUCTURAL DEVELOPMENT
WORKS FOR Scheme No 64 and 65
&TDS-02 (PHASE-II) OF JDA, AT
JABALPUR.

2 Name of the Authority: JABALPURDEVELOPMENTAUTHORITY,JABALPUR

3 Method of Selection: Quantity and Cost Base Selection (QCBS)
4 Financial proposal to be
submitted along with the NO
Technical Proposal
5 Joint Ventures or NO
Consortium are permissible
6 Bid validity period Proposal should remain valid for 120 days from the due
date
7 The Consultant must submit To be submitted online only
the original and one copy of
the technical proposal.
(Hardbound)
8 The Bidder must submit the To be submitted online only
technical proposal in
9 Bid Security The amount of bid Security is Rs. 3,50,000
/- which is to be deposited online through
Debit Card /Credit Card / Net Banking or
system generated challan.
The Bid Security shall be returned as per the
norms of the M.P. Govt. Website.
Any Bid not accompanied by the Bid Security
shall be rejected by the Authority as non-
responsive.
The successful bidder will have to submit
FDR of PG in JDA Office before execution
of agreement.

Page |5
10 Performance Security Performance security: - The Bidder shall have
to produce a performance security in the form
of bank guarantee/ FDR by any nationalized/
scheduled bank in India. The above performance
security can be liquidated by the authority i.e.
JABALPUR Development Authority JABALPUR
stating that the amount claim is due by way
of loss or damage cost to or suffered the
authority by reason of any breach by said
Bidder of any of the terms or conditions
contained in the agreement or by reason of
the Bidder failure to perform their duty.
The decision of Chief Executive Officer
JABALPUR Development Authority JABALPUR
shall be final and binding in this regards.
I. The performance security in the form of
bank guarantee/ FDR by any nationalized/
scheduled bank in India shall be equivalent
to 5% of the total fees to be paid to the
Bidder by the Authority at the time of
Agreements.
II. 5% Security Deposit will be deducted from
each running bill of the consultant.
III. The Performance security will be refunded
after successful completion of project.
IV. The security deposit will be refunded after
successful completion of project.

11 Period of Project 30, Months (excluding rainy season)

12 Extension Of Time If the consultant shall desire extension of the

time for completion of the work on the grounds
of Unavoidably hindered in its execution or any
other ground, he shall apply in writing to the
Engineer-in-Charge within thirty days of the date
of the hindrance, on account of which he
desires such extension as aforesaid, and the
Engineer-in- Charge if in his opinion (which
shall be final) on reasonable grounds,
recommended to competent authority for grant of
extension of time/permitted the consultant to
carryout work reserving right of the Pradhikari
to recover liquidated damages

Page |6
 EXPLANATORYNOTEOFTHEPROJECT
1) PROJECT MANAGEMENT CONSULTANCY FOR CONSTRUCTION OF TAR
R O A D S , SEWER LINE SYSTEM, WATER PIPE LINE, STORM WATER
UTILITY DUCT, ELECTRIFICATION WORK, BOUNDARY WALL, BOX
CULVERT & OTHER INFRASTRUCTURAL DEVELOPMENT WORKS, FOR
SCHEME NO 64, SCHEME NO 65 AND TDS 2 (II PHASE) OF JDA, AT
JABALPUR. WITH AREA APPROX. 336.4 HECT. AND TENTATIVE PROJECT
COSTWILL BE RS. 350CRORE.
DISCLAIMER
1. The information contained in this Expression of Request For Proposal (RFP)
are subsequently provided to Applicants (Firms), whether verbally or in
documentary or any other form by or on behalf of JABALPUR Development
Authority (here in after referred to as JDA/ The JDA) or any of their
employees, is provided to Applicants on the terms and conditions set out in
this RFP and such other terms and conditions subject to which such
information is provided.

2. This RFP is not an agreement or an offer by the JDA to the prospective

Applicants or any other person. The purpose of this RFP is to provide in trusted
parties with information that may be useful to them in the formulation &
submission of their Proposals pursuant to this RFP.

3. This RFP includes statements, which reflect various assumptions and

assessments arrived at by the JDA in relation to the Consultancy. Such
assumptions, assessments and statements do not purport to contain all the
information that each Applicant may require.

4. This RFP may not be appropriate for all persons, and it is not possible for
the JDA and its employees to consider the objectives, technical expertise and
particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Applicant should, therefore,
conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments and information contained in this RFP and obtain independent
advice from appropriate sources.
5- Information provided in this RFP to the Applicants maybe on a wide range of
matters, some of which may depend upon interpretation of law. The
information given is not intended to be an exhaustive account of statutory
requirements and should not be regarded as a complete or authoritative
statement of law. The JDA accept s no responsibility for the accuracy or otherwise for any
interpretation or opinion on the law expressed herein.
Page |7
 6- The JDA and its employees/ advisor smoke no representation or warranty and shall
have no liability to any person including any Applicant under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise
for any loss, damages, cost or expense which may arise from or be incurred or
suffered on account of anything contained in this RFP or otherwise, including the
accuracy, adequacy, correctness, reliability or completeness of the RFP and any
assessment, assumption, statement or information contained therein or deemed to
form part of this RFP or arising in any way in this Selection Process.

7 The JDA also accepts no liability of any nature whether resulting from
negligence or otherwise however caused arising from reliance of any
Applicant upon the statements contained in this RFP.

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

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

Page |8
 Part–1
Pre-QualificationinGeneral

Page |9
1. INFORMATION TO APPLICANTS

The documents can be downloaded from website at www.mptenders.gov.in

Application shall be submitted ONLINE PPROJECT MANAGEMENT

CONSULTANCY FOR INFRASTRUCTURAL DEVELOPMENT WORKS FOR
Scheme No 64 and 65 &TDS-02 (PHASE-II) OF JDA, AT JABALPUR.

On or be for ether date of submission.

Incomplete documents will be summarily rejected.
JDA, JABALPUR reserves the right to reject any or all applications
without assigning any reason thereof.
2. INSTRUCTIONS TO APPLICANTS
General

a) All information requested for in the enclosed forms should be furnished

against the respective columns in the format as per RFP. Bidders are
cautioned that non- submission of complete information as per the
required formats or making any change in the prescribed forms may
result in the Documents being summarily rejected.

b) The document must be in proper & in sequence as per RFP.

c) The cost incurred by the bidder in preparation & submission of this

document, providing clarifications or attending discussions shall be borne
by the bidder. JDA, JABALPUR in no case will be responsible or liable
for these costs regardless of the outcome of the process.

d) Certificate to be submitted should be issued by Employer to the

Consultant giving following information of the project(s) assigned to them
(for each project)

I. Project assigned to individual/ firm / company in its sole capacity.

II. Cost of project.
III. Completion date of the project.
IV. Photographs showing the current status of project.
V. Location plan of the project.

Page |10
3. PREPARATION OF PROPOSAL
Preparation and submission shall be in two envelopes as below.

i. EnvelopeNo.1–Proof of payment of Tender form fees, Bid Security and Documents in

proof of eligibility and RFP document. (To be submitted Online only).
ii. Financial Proposal (To be submitted online only).
iii. Documents may be attached in support of information against
respective format. The bidder shall fill the required information in the
required formats.

DOCUMENTSINPROOFOFELIGIBILITY
The bidder’s eligibility proposal must include the following information but
not limited to the formats attached in envelope A (technical) (To be
Submitted online only)

▪ Following documents must be furnished in proof of eligibility:

i. Bidder’s relevant experience as given in the eligibility criteria.
ii. Financial Statement
iii. The details of the office and key persons employed by the Bidder may be furnished.
iv. Work in hand
v. Bid Security

The experience certificates in support of completed project are required to be

submitted and should be certified by Principal Employer (by the officer not
less than executive engineer). Certificate should indicate clearly the Bidders
experience in related field as per the requirement of the work. Scope of
services rendered by the Bidder should be clearly indicated in the certificate
issued. The certificate of the Principal Employer should also indicate against
each work, the value of work, period assigned for completion, when completed
and main reasons for delay if any incompletion of the work. A brief note as
to what action was taken by the consultant to curb the delay in completion of
the project.

The minimum essential requirement in respect of qualification in eligibility

proposal has been indicated in the tender document. If the consultants do not
fit in the eligibility criteria, evaluation of his technical and financial proposal
will not be carried out.

Bid Security
▪ The bid shall be accompanied by bid security of Rs. 3,50,000/- online only
as per website link.
▪ Any bid not accompanied by the Bid Security will be rejected.
In the event of his bid being accepted subject to provisions of the sub
clause, the said amount if so, requested by the bidder be appropriated
towards the amount of Performance Security payable by him under the
conditions of contract.
▪ If, after submitting the bid, the bidder withdraws his offer or modifies the
same or if after acceptance of his bid, fails or neglects to furnish the
performance security, without prejudice to any rights and powers of the
Page |11
 JDA here under or law, JDA shall be entitled to forfeit the full amount
of Bid Security deposited by the bidder and may refrain the bidder to
take part in any bid of the JDA in future for a period of 3 years.
▪ In the event of bid being not accepted, the amount of Bid Security
deposited by the bidder shall unless it is prior thereto to forfeit
under provision of sub clause above, be refunded to him on
passing of receipt thereto without any interest.

TECHNICALPROPOSAL

Under the technical proposal the CV’s of the key personnel’ sare required which
must be true and correct. The CV must indicate the work in hand and the duration
till which the person will be required to be engaged in that assignment.
The Key personnel whose CV’s will be evaluated is as per Data
Sheet.

The bidder(s) must submit genuine CVs of the persons who are
actually working with the consultant. The Consultants should refrain from
using hired CVs or the CVs without consent. In case any such incidence,
if comes to the notice of JDA, the same shall be viewed seriously and
may involve termination of contract.

During preparation of the Technical Proposal, Bidder must give particular

attention to the following.
i. Total assignment period is as in dictated in the Data Sheet. A schedule in
respect of requirement of personnel is also furnished in the Data
Sheet, which shall be the basis of the financial proposal. Bidder(s)
shall make own assessment of support personnel, both technical and
administrative staff which needs to be provided for timely completion of
the project within the total estimated cost. It is stressed that the
time period for the assignment indicated in the Data Sheet should be
strictly adhered to.
ii. No alternative to key personnel may be proposed and only one may
be submitted for each position; in the given format. The requirements
of all key personnel are listed in Data Sheet.
iii. Team Leader cum Resident Engineer and other Key personnel shall
be available full time at site.
iv. A good working knowledge of English Language is essential for key
professional staff on this assignment. Approach paper on methodology
proposed for performing the assignment must be in English Language.

The technical proposal must include the following information but not limited
to the formats attached.
i. The composition of the proposed Team and Task Assignment to individual
personnel.
ii. Curriculum Vitae (CV) recently signed by the proposed key
professional staff and also by an authorized official of the Bidder.
Each page of the CV must be signed. The key information shall be as
per the format. Un signed and photo copies or scanned copy of CVs shall
be rejected.
iii. Proposed work program and methodology for the execution of the
Page |12
 services illustrated with bar charts of activities, equipment and
procedure, any change proposed in the methodology of services
indicated in the Scope of Work, and procedure for quality assurance.
iv. Estimates of the total time effort (person x months) to be provided for
the services, supported by bar diagrams showing the time proposed
(person x months) for each Key Professional Staff.
v. The technical proposal must not include any financial information.
vi. JDA will carry out the evaluation by applying point system. Each
responsive proposal will be attributed technical score.
vii. The minimum essential requirement in respect of qualification in technical proposal
has been indicated in the Data Sheet, if the consultant does not fit
in the criteria, evaluation of his financial proposal will not be done.

▪ FINANCIALPROPOSAL

The financial proposal should be submitted online only on Percentage

basis and should include the costs associated with assignment. These
shall normally cover: remuneration for staff (local, in the field, office
etc.), accommodation, transportation, equipment, printing of documents,
surveys etc. bidders financial proposal should clearly indicate the fee
amount in numbers and words. Conditional offer shall be considered non
responsive and is liable to be rejected.

The financial proposal shall take into account all type of the tax
liabilities including cost of insurance specified in the Data Sheet, but
excluding Goods & Service Tax (GST) will be reimbursed by JDA, at
the prevailing rate.
The payments shall be made in Indian Rupees only, by the JABALPUR Development
Authority on presentation of bills after due verification

Page |13
4. AMENDMENTS TO DOCUMENTS

At any time before the submission of Proposals, JABALPUR Development

Authority, JABALPUR may for any reason modify the documents by amendment. Any
amendment shall be issued in writing through addenda. Addenda will be
uploaded in www.mptenders.gov.inand will be binding on intending parties.
JABALPUR Development Authority, JABALPUR may at its discretion extend
the deadline for the submission of Proposals.

Definitions
In the document, the following words and expressions shall have the
meaning hereby assigned to them except where the context otherwise requires:

a) Employer/JDA” means respective office of JABALPUR Development

Authority, JABALPUR within its jurisdiction, and include the employer's
representatives or successors, but not without the consent of the
Contractor any assignee of the Employer.

b) “Applicant/ Bidder/ Consultant” means proprietary firm, Partnership firm,

Private Limited Company, Limited Company whose application has been
received by the employer and includes the applicant’s personal
representatives, successors and permitted assigns.

Final Decision-Making Authority

a) The Employer reserves the right to reject or accept any one or all
applications and to annul the process and reject all the applications
at any time without assigning any reason(s) thereof and without there
by incurring any liability to the affected applicant or without informing
the applicants of the grounds for the Employer’s action.
b) Earnest Money Deposit (EMD) of only unselected bidder will be
refunded after selection process is over.
c) SD for successful bidders shall be released after satisfactory
completion of the work. If work is not completed in time period, SD may
be partially/ fully forfeited as decided by Authority.
d) Successful bidder will have to make agreement with Authority within
10 days of receipt of communication of acceptance of tender. Failing
which earnest money amount shall be forfeited and acceptance will be
treated as cancelled.

Page |14
 5. ELIGIBILITY CRITERIA
Bidder should be a well-established consultant/ consultancy firm/company
having at least 10 years’ experience in the field of project management
consultancy work (PMC) for infrastructure Development (road, Drinking water,
sewerage, Drainage and electrification etc)projects in India for a Government/
Semi Government/Autonomous dept.
(Self-Attested certificate of experience along with certificate of establishment
must be enclosed)
The bidder should have experience of providing project management
consultancy/SQC/Authority Engineer for execution of successfully completed road,
Drinking water, sewerage, Drainage and electrification etc PROJECTS in India
for any State Govt., Central Govt. Corporation, Development authorities and
other Govt./Semi Govt. Organization, in the same name and capacity in last
10years as below:
(a) The Bidder has completed single work costing equal to 50% of the
cost of the work put to the tender (including all or individual projects);
OR
(b) The Bidder has completed two works costing equal to 30% of the
cost of the work put to the tender (including all or individual projects);
OR
(c) The Bidder has completed three works costing equal to 20% of the
cost of the work put to the tender (including all or individual projects);

(Certificate from principal employer must be enclosed with the application form).

Bidder should have an annual average turnover of at least 1000 lakh in last three
financial years.
▪ Bidders should have Employees Provident Fund, GST, and PAN Registration.
▪ The bidder would be required to have valid registration at the time of
signing of the Contract.
▪ No Joint Venture is allowed for this project.
Note:-
1- The experience shoulders on date of publication of this NIT.
2- Certificate issued by Principal Employer or his authorized person
not below the rank, of Executive Engineer should be submitted.
3- The bidders are requested to enclose only requisite and relevant
data which has been asked for. Attachment of irrelevant data
shall attract to disqualify the bid.
4- Enhancement factor as per clause3.2will be applicable.
a) The statement of turnover shall be supported by a certificate
from a Chartered Accountant.
b) The financial year means year starting from 1st April to 31 st March of next year.
c) If the certificates issued by employer are for inclusive values, then a
certificate From CA for its bifurcate on in to base value and taxes separately, should
submitted.
▪ The Bidder should not have been blacklisted/ debarred/ in
negative list by any of the government department/semi-
government department or local self-government during last 5
years. Provide self-declaration on stamp paper duly notarized.

Page |15
 ENHANCEMENT FACTOR: Following enhancement factors will be used for the
cost of works executed and the financial figures bring to a common base
for the value of works completed in India.
Year Multi plying Factor
2024-25 1.10
2023-24 1.21
2022-23 1.33
2021-22 1.46
2020-21 1.60
6. Evaluation Criteria
a) The evaluation of Technical Proposal will be taken up if the bidder
meets the minimum Eligibility Criteria as mentioned in this document.
b) The bid will be examined by a Committee Constituted by JABALPUR
Development Authority JABALPUR. The bid shall be evaluated based on
the following parameters.
The bidder will be awarded marks for each of the parameter on the following criteria.
S.No. Description Marks
a. Relevant Experience of the Bidder related to the assignment 40
b. Methodology Adopted for executed and proposed project. 20
c. Evaluation & Marking for Key Personnel’s for PMC 40
TOTAL 100
a. Sub criteria for relevant Experience of the Bidder related to the assignment

S.NO. Parameters Marks

Capability Statement
Years of Existence (Maximum marks shall be restricted to15)
1 a. Experience of 10years
8
b. Experience of more than10years will be assigned1.0 mark for every 1
7
year or part thereof of additional experience limited to 7 marks
2 The bidder should have experience of providing project management
Consultancy for execution of building/ Infrastructural project
(Maximum marks shall be restricted to 10)
a.Single work costing equal to 50% of the cost of the work put to the tender or
8
two work costing equal to 30% of the cost of the work put to the tender or
three work costing equal to 20% of the cost of the work put
to the tender
c. Add 1marks extra for each additional project costing equal to 50% of the
2
cost of the work put to the tender subject to maximum 2 marks
Note: Experience of PMC services should be as per eligibility criteria Firm’s
Financial Capacity & other(Maximum marks shall be re stricter to15)
3
a. Minimum Annual Financial Turnover 1000.00lacs
9
b. Turnover more than 1000.00 lac will be assigned 0.5 mark
6
for every 50 lakhs additional limited to 6.0 marks
TOTALMARKS (a)
40

Page |16
 C- Adequacy of the proposed work plan and methodology in
response to the TOR.
S.No. Description Marks
1. Project management methodology adopted for the project executed in the past 10
2. Project management methodology to be adopted for the proposed project 10
TOTALMARKS (b) 20

Evaluation & Marking for Key Personnel’s for PMC areas under.
Number Marks Of
Staff Total
S.NO. Description of post each person Marks
Position
1. Team lead Essential qualification B.E./ B.Techin civil engineering 1
4 4
cum Reside with15years’Experience. 5marks
Engineer
Post-graduation in Construction Management. 1
1 1
marks
Experience as Team Leader for
INFRASTRUCTURE DEVELOPMENT work.
Minimum10years–2mark 4 4
Add 0.5 marks extra for each additional 1
year experience subject to maximum 2 marks
TOTALC1= 9
Essential Qualification B.E./ B.Tech in civil 2
1.5 3
Engineering with 7 years’ Experience. 2 mark
Assistant
2. Resident Experience as ARE ( Assistant Resident
Engineer Engineer or above post) in INFRASTRUCTURE 1 2
DEVELOPMENT work Minimum 5years–1 mark

TOTALC2= 5

Essential Qualification Diploma in Civil 2 3

Engineering with 5years’experienceor B.E./ 1.5
B.Tech in Civil Engineering with 3 years’
3. BillEngineer
experience 2 mark
Experience in billing for INFRASTRUCTURE 1 2
DEVELOPMENTworks.Minimum 3years–1
mark
5
TOTALC3=

Essential Qualification Diploma in Civil

Engineering with5years’ experience or 2 14
B.E./B.Techin Civil Engineering with3 years’ 7
4. Field/Quality experience 2 mark
Engineer
Add 0.5 marks extra for each
additional 1 1 7
yearexperienceinINFRASTRUCTURE
DEVELOPMENT work subject to
maximum 1 marks
TOTALC4= 21
TOTAL(C)=C1+C2+C3+C4= 40
TOTALTECHNICALMARKS(a)+(b)+(c)=40+20+40 100

Page |17
Note:
1. Proof of Educational Qualification & experience to be submitted for key personnel.
2. The technical proposal should score at least 70marks to be considered
responsive for financial evaluation.
3. The weight age given to technical proposal is 70%.
4. The weight age given to financial proposal is 30%.
5. C.V. Personnel’s were presented at the time of selection for PMC
consultancy services should not be change at least 6 month from the
date of work order ,until unless the department did not find him
appropriate for the work

7- EVALUATION OF FINANCIAL PROPOSAL

The final selection shall be based on QCBS i.e Quality and Cost based
Selection. The cost indicated in the Financial Bid in percentage of cost
project shall be inclusive of all taxes, duties, levies but excluding GST under the
applicable law. The lowest Financial Bid (FM) will be given a Financial score (SF)
of 100 points. The Financial scores (SF) of the other Financial Bids will be
determined using the following formula.
Sf=100xFm/F;
In which Sf is the financial score, Fm is the lowest Financial Bid, and F is
the Financial Bid under consideration. For calculation of financial score,
tentative cost of the project Rs. 350crore will be considered and accordingly
percentage quoted fee by the bidder will be converted into fee amount. Bids
will be finally be ranked in accordance with their combined technical (St) and
financial (Sf) scores:
S=St xTw+SfxFw;
Where S is the combined score, and Tw and Fw are weights assigned to
Technical Bid and Financial Bid that will be 70% and 30% respectively. The
bidder achieving the highest combined technical and financial score will be
considered to be the successful bidder and work shall be awarded to them.

LITIGATIONHI STORY

The Bidder should provide accurate information on any litigation or arbitration resulting
from contracts completed or under its execution over the last five (5) yearsa consistent
histories of litigations against the bidder or any member of the Consortium may
result in failure of the bid at the desertion of JDA, JABALPUR.

8- DISPUTE OR DIFFERENCE SARISINGON ACCOUNT OF THIS RFP

Bidder may appeal to JDA, JABALPUR for any dispute or difference arising out
on account of this Pre-qualification tender.

Page |18
 9- SCOPE OF SERVICES FOR PROJECT MANAGEMENT CONSULTANCY (PMC)
The scope of PMC shall include but not necessarily be limited to the following:
1. To assist JDA in contract administration and management of the project
including supervision & quality check (SQC).
2. Act as “Engineer In-charge” along with the JDA for the purpose of works contract.
3. Interpretation of the technical specification & contract documents.
4. Along with JDA scrutinize the contractor’s detailed work programme for execution
of work, traffic diversion plan, material sources, manpower/machinery deployment
plans proposed by the contractor for caring out the works & suggest
modification if any.
5. Initiate advance actions for handing over of site&/or issue of drawings, & /or
advice to the JDA.
6. Along with JDA scrutinize the detailed drawings for the work be for execution.
7. To issue on behalf of JDA (with their permission), notes, damage claims of
interest, penalty etc. whenever applicable to the contractor for contract
administration.
8. At various stages of work and during execution of work full check will
be exercised by PMC consultants & to ensure correctness as per
approved drawings &specification.
9.
a. At various stages of work, consultant will take samples and
conduct tests as per provision of IRC, MORTH, IS code, MP
PWD SOR etc. Consultant will be responsible for Quality
Assurance. Consultant shall supervise non destructive tests if
suggested by JDA to be performed by contractor. Report all the
results and recommendations to JDA if required.
b. Frequency of the testing needed to be conducted in NABL/GOVT.
approved laboratory PMC has to be there with competent
representative.
c. The test conducted out of city for approval of material or
material testing then the PMC has to be there with competent
representative.

10. The monthly bill submission procedure will beas followed:

a. Measurement shall be recorded in presence of authorized representatives
of contractor and get measurement accepted from the contractors.
b. Scrutinize the submitted monthly bills of the contractors with in10working
days.
c. Submit the bill with recommendations along with required
documents like test reports, RFI, frequency chart, third party tests,
mix design etc. Copy of correspondence with the contractor shall
be endorsed to EE, JDA.
d. During bill checking and bill payment procedure of JDA, if any objection/
clarification raised by the JDA office/ preaudit section the consultant has
clarified all the objection.
11. The consultant shall necessarily attend the review meetings, conferences
pertaining to the project conducted by EPCO or other Department at Bhopal
from time to time and shall also be available for any clarifications and bring
out any issues related to construction which may lead to difficulties, litigation,
delays etc.
Page |19
12. Consultant will be responsible for all matters concerning construction safety at
each and every point of work required as per safety norms of MP/Central
Govt. rules and MORTH, IS code norms and to monitor the safety measures
not limited to the contractor’s agreement and instruct contractor to follow this
rules.
13. Advice and assist the Employer (JDA) with respect to the arbitration, if applied
by contractor, the appeal of the arbitration or litigation relating to the works,
whenever required, for such works beyond schedule completion that the
consultant will be paid separately as mentioned in relevant Clause of “General
Condition of Contract” part of this tender.
14. Consultant shall keep all the records, such as test results, drawings, designs,
correspondence etc. and shall handover the same to JDA, in spiral binding for
min two copies and one in soft copy C.D/ pen drive after completion of the
work.
15. The Methodologies, procedures and sequencing of work shall be suggested by
Consultant during course of execution promptly verbally and in writing to
contractor directly or through Executive Engineer.
16. The consultant shall work with JDA to review and evaluate the progress of
work as per work program submitted by the contractor. JDA may ask
consultant to prepare work program.
17. Theconsultantshallprepareletters/noticesofinstructionstocontractor,on behalf of JDA
(with their permission). JDA may instruct to pass on such instruction to the
contractor, then the consultant will perform accordingly.
18. A periodical progress (preferably in 15 days) report shall be prepared by
consultant and shall be submitted to JDA.
19. The consultant shall assist the JABALPUR Development Authority in all arbitration
proceedings between the contractors and JABALPUR Development Authority and
also defend JDA in such proceedings.
20. The Works are liable for inspection/checking by CTE (Chief Technical Examiner)
or any other Authority from concerned central and State Government
Departments. Any defects pointed out by CTE or any other Authority mentioned
above. The consultant will have to be present at this inspection/checking and
instruct the contractor to compliance for making good.
21. If any mish appending /accident/incident etc. Happened on work project, the
consultant have to take necessary action (for this he will act as a Principal
Employer)and make F.I.R. if needed. Consultant has to submit action report to
the JDA.
22. The Team leader shall represent project management consultants. Anymis-happening/ accident/
Fault/ financial or other irregularities so far relates to work, the team leader
Shall be solely responsible for the same.
23. The consultant will submit copies of all correspondents made with contractor
and other department immediately and in compile form spiral binding file
monthly.
24. The consultant has to liaison or coordinate to obtain all necessary NOC &
approval required for the execution of project. Necessary Fees payable to
various Govt. Departments, Municipal Corporation for getting NOC and approval
shall be paid by the JDA.
25. The consultant review and evaluate the progress of work as per work program
submitted by the contractor. JDA may ask consultant to prepare work program,
if it is required.
26. To update cost estimates half yearly or quarterly completion stages (25%, 50%
and 75%) of the project whichever is earlier
Page |20
27. The completion certificate of work to contracting agency will be issued by the
Team Leader / Authorized person of consulting firm after joint inspection with the
concern Team of JDA on their consent.
28. Reasons for delay, if any, should be submitted along with MIS report.

29. Before the issuance of the completion certificate, a mandatory walk down of
the complete facility on micro level checking with contractors authorized
representative and JDA officials.
30. Any items which are going to execute according to approved make list, it
must be approved by the Executive Engineer of JDA.
31. With mutual concern, any work outside the plot boundary of the project shall
be carried out on the sanctioned rate.
32. All expenses regarding fee for obtaining Green Building certification, shall be
borne by JDA. On written permission from Executive Engineer PMC has to
travel in this regards to the same, JDA shall borne all expense including
travelling, lodging and boarding etc. on actual basis.
33. Test reports, Safety audit reports during the construction phase shall be
submitted monthly along the bill to JDA.
34. The consultant has to liaison or coordination to obtain all necessary NOC & approval
required for the execution of project. Necessary Fees payable to Govt. Deptt,
Municipal Corporation etc. for required NOC and approval shall be paid by
JDA.
35. The PMC consultant will be responsible for quality and workmanship and also
for incorrectness of measurements and bills proposed, submitted for payment.
36. The Executive Engineer or their representative shall monitor the progress and
as and when required. The PMC shall have to attend the meeting organized
by the Executive Engineer as and when required and shall have to prepared
agenda note & minutes of meeting for approvals of Executive Engineer.
37. The Executive Engineer may instruct PMC for the works assigned to PMC.
38. Services of PMC will started from commencement date of work Order of contractor.
39. The consultant shall be wholly responsible for the successful completion of the
project in all respects consistent with safety and structural stability from the
inception up to the handing over for occupation to the employer.
40. Any other services connected with the works usually and normally rendered by
the Consultant, but not referred to herein above.
41. The PMC shall have to supervise as per ground conditions with reference to
the existing contour levels given by the architect required for the site conditions.
42. Woking design and drawings submitted by the contractor or DPR consultant
must be reviewed by the structural engineer of the PMC and submitted to the
office of the JDA for issuance with signature of structural engineer. PMC has
the sole responsibility to verify the designs &drawings.
43. PMC should be established a site office, equipped with a computer, printer,
internet and a computer operator to maintain documents and fulfill other
requirements.
44. The Consultant shall in project interest shall supervise the work day and night
if required a duty chart should be made to supervise the work on weekly off
days.
Project Facility:
1) The Consultant shall rent or purchase an office space of a minimum of 600
square feet, which approved by the SE/EE of JDA. Failure to establish the
office space shall attract a penalty of Rs. 10,000 per month.
Page |21
2) The Consultant shall engage below mentioned vehicle which for supervision of
work and any other work relating to the project:
01 No Innova Penalty 30,000/-
01 No Bolero Penalty 25,000/-
01 Swift Dezire Penalty 20,000/-

Recording of Measurements: -
1. All record and running measurements of the works shall have to be entered
by the bill engineer of the PMC in Measurement Books will be issued &
certified by the Executive Engineer, JDA.
2. All measurement of all items of works will be recorded in the Measurement Book as per
provisions and rules.
3. All measurement of hidden items of works will be recorded by the Billing cum
Material Engineer in the Measurement Book as per provision and rules.
4. Following percent checks on measurement shall be done by the team members
of the PMC :
By Team Leader/RE 50%
By ARE 100%
5. At least 25% of the measurement shall be check by Assistant Engineer & 50% By Sub
Engineer and 5% Executive Engineer of JDA.
6. However overall responsibility of correctness of all the measurements shall be of the PMC.
In the interest of work if any intermittent bill is required, shall be decided by
Executive Engineer JDA on request by PMC.
Any type of measurement and financial irregularities in work and payment to the
contractor if found during agreement period or after agreement period, the PMC
will be solely responsible for such irregularities.
JDA have all rights to review, re-measure, and verify the work at any time.
The PMC will have to corporate in this process.
In case of any discrepancy the decision of the Superintending Engineer/Executive
Engineer of JDA will be final and binding to all concerned.
10- PAYMENT TO CONSULTANT
The JDA shall pay the consultant for services as per agreement.
11- TIMEPERIOD FOR SERVICES
Time period shall be as per data sheet.
12- MINIMUMM ANPOWERD EPLOYMENT FOR PROJECT MANAGEMENT
Category-wise minimum manpower to be deployed for Supervision Period
are given in relevant clause.
12.1 Implementation Schedule:
The implementation schedule(indicative only)for the work shall be as follows:
Activity description Estimated time in Months
Post Tender Activity 30Months(excluding rainy season)+3 month
post completion

Defect Liability Period 12Months(Period shall be reckoned from

issuance of completion certificate)
DefectLiabilityPeriod12 Months as a PMC(Period shall be reckoned from issuance of
completion certificate)Scope of Services during defect liability period: The services
during DLP are includes as below but not limited to this-:
Page |22
 1. Periodical inspection of work.
2. Identifying the defects/damages and notifying to contractor for correction and
In form to JDA.
3. Prepare report(s) and submit to JDA.
4. To ensure the correction of repairs and supervise the work during course of repairs.
13- SCHEDULE OF PAYMENT:
A)PAYMENT DURINGPMCSTAGE
a) The payment to the consultant shall be made in stages as work
progress and in accordance with the payment made to the contractor.
b) Consultant shall have to submit monthly online payment slip, EPF &
insurance documents to JDA of staff deployed failing which shall
compile JDA to stop the consultant’s payment.
c) The final bill of the consultant shall be released only after obtaining a no-dues
Certificate for each staff member employed by the consultant.
Note:
(a)Project cost mentioned in the tender is tentative. Final project cost
shall be the payment made to the contactor including escalation but
excluding GST and the final payment to consultant shall be calculate
accordingly.
14- DURING DEFECT LIABILITY PERIOD
The inspection during defect liability period shall be done once in three months by
Assistant Resident Engineer and once in six month by TL cum RE or as and when
required.
The defects /correction/repairs observed if any shall get corrected under the supervision of
PMC representatives
15- TECHNICAL STAFF REQUIREMENTS DURING PMC:
A.DURING CONSTRUCTION PERIOD,THE CONSULTANT WILL
DEPLOYFOLLOWING MINIMUM STAFF FOR PMC
KEYSTAFFFULL TIME
S. No. Post of Person Number Maxi mum Minimum Minimum
of Post Age in Qualifications Experience in
Years years
1. Team Leader/Resident 01 60 B.E./ B.tech in 15
Engineer civil Engineering.
civil Engineering.
2. Assistant Resident 01+01 60 B.E./ B.tech in civil / 07
Engineer Civil/Electrical Ele. Engineering.
3. Field/Quality Engineer Road 05 50 B.E./B.tech/Diploma 3 for B.E./ B.tech.
project 5 for Diploma
4. FieldEngineer (electrical ) 02 50 inelectrical 3 for B.E./
Engineering B.tech.5 for
Diploma
5. BillEngineer 02 50 B.E./B.tech/DIPLO 3forB.E./B.tech
MAin civil 5forDiploma
Engineering.
6. ComputerOperator 02 40 PGDC/ BCA . 2

15 B.DURINGDLPPERIOD,THECONSULTANTWILLDEPLOYFOLLOWINGSTAFFFOR DLP.
Team Leader/ Resident Engineer who shall visit once in six month.
2-Assistant Resident Engineer who shall visit once in three months.
Page |23
 16 Terms Of Reference

1. THE PROJECT IN BRIEF

Selection of PROJECT MANAGEMENT CONSULTANCY FOR
INFRASTRUCTURAL DEVELOPMENT WORKS FOR Scheme No 64 and 65
&TDS-02 (PHASE-II) OF JDA, AT JABALPUR.
2. OBJECTIVES
JDA intends to appoint well qualified & experienced consultant as
PMC, Supervision Quality Control Consultancy to assist it in aspects of
project implementations. The major task shall include but not be limited
the following.
2.1. The consultant shall obtain prior approval of the JABALPUR Development authority
in respect of
a. Granting claims to the agency.
b. Ordering suspension of the work.
c. Deter mining an extension of time.
d. Waiving of the penalty and arranging the repayment of compensation for delay.
e. Issuing a variation order.
f. Ordering any works/ test beyond the scope of the contract.
g. Determining rates for the extra items / extra work.
h. Any variation in the contract condition.
i. For additional, altered or substituted item, the contractor will be asked to
submit to the Project Management Consultant the rate which he proposes to
charge, shall be as per MPPWD SOR norms. Consultant will examine and
put forward for approval. 75% of the proposed rate will be considered for
interim payment till the finalization of the rates.
j. In no circumstances the contractor shall suspend the work on the plea of
non- settlement of rates of items falling under this clause.
2.2. Immediately on approval of the offer, the consultants shall draw up a time
schedule (including the time period of each stage) in consultation with contractor
as per contractor’s work program.
2.3. The Team Leader shall visit the work site personally full time and ascertaining
that the work is being carried out satisfactory and also for studying the
problems on the spot and giving necessary clarification / directions.
2.4. The consultant shall ensure that, all observations made during the periodic
visits, by various officers of JDA / CTE etc. Observations made by them shall
be minutized and if corrective measure is required by the contractor and / or
legal action to be taken against contractor, the same shall be communicated
through minutes to JDA and endorsing the copy to all relevant departments.
2.5. The consultants shall provide and maintain at their cost, their own vehicles
required for use in connection with their assignments.
2.6. On finalization and acceptance of tender for effective supervision, the consultants
will be provided with covered and enclosed office space at site of work as
per the terms and conditions of agreement between contractor and JDA.
Page |24
2.7. The consultants will be fully responsible in their capacity as consultants for
the soundness and correctness of all works executed assuming responsibility
and the conformity of the work to the approved plans, drawings and
specifications and conditions of contract applicable to the subject work.

2.8. Any approval/concurrence by JDA to consultant's instruction, preliminary or

detailed engineering, design, drawing, and estimate shall in way absolve the
consultant to ensure sound construction and performance as per the
specifications of the scheme as a whole. The appointment of any
engineering staff by JDA at the site of the work shall not in any way
diminish the responsibility of the consultants in this respect.

2.9. The consultants shall not have any objection to JDA in maintaining any
engineering staff atits cost at the site of works to carryout works and
duties allotted to them by the JDA in respect of works.

2.10.
a. The consultants shall certify that the work measured, are fully consistent
with the type, quality and specifications prescribed in the agreement with
the contractors.
b. Inthematterof approvingsuchmeasurements,theconsultantsshallconfirmtotherulesand
instructions issued to guarantee the correctness, scrutinized, checked or
issued by them, as to quality control of the work concerned.
c. If any mistake or mismatching with BOQ/Items has been observed then
immediately contact the design consultant and get it rectified and then only
proceed to execute the work.
2.11.
a. The consultants would be responsible for checking the materials,
workmanship and soundness of the structures keeping in view Quality
Assurance checks and safety standards.
b. Consultants shall submit monthly progress recommendations in regard to the
extra items with supporting site records and also supervise field’s tests on
materials, structures etc., and in accordance with predetermined schedules.
c. The consultants shall also maintain adequate records of the work done,
including recommendations of extension applications, extra items, variation
statements, Quality and Quantity checks for all items etc.
d. The consultants should also hold periodic review meeting with JDA and
contractors and co-ordinate follow up actions.
e. The consultant should maintain staff attendance register at site and shall
be made available for inspection when requested by JDA.
f. The consultant shall exercise complete day to day supervision during
construction period of the assigned work, ensuring quality control in
accordance with tender stipulations, specifications, drawing and site
conditions.
g. The quality control will be exercised at all stages of construction, viz.
approval of materials thereof in proper proportion including prescribing
norms for test periodically and acceptability criteria and workmanship at all
stages of execution of individual items of work.
Page |25
 h. The Consultant shall perform all the requisite tests on ingredients of
materials periodically.
i. The consultants shall ensure proper establishment of field laboratories by
contractor to conduct laboratory test on materials for construction.
j. Essential gauges, instruments etc. should be arranged to be calibrated
periodically. The consultant shall maintain necessary site records & obtain
data in support of the same.
k. The consultant shall ensure all requisite tests on materials of constructions
as well as partially or completely erected structures etc. are carried out
by contractor and maintain adequate records thereof.
2.12. The consultant shall suggest to JDA modifications, if any, due to site
conditions and advising regarding cost variation, on account of extra items
and excesses on the contract.
2.13. The consultant shall advise the JDA with regard to extra claim / dispute,
if any, till the cases are settled. The consultant will also be required to
brief the legal adviser / legal consultant of the JDA on cases pertaining
to the work.
2.14. The consultant has to coordinate with the concern architect & other
relevant design agency for obtaining decision in time.
2.15. The consultant hasto witness thethird partyteststo beconductedin cityof
worksite or any other city in the country.
2.16. During bill checking and bill payment procedure of JDA, if any
objection/clarification raised by the JDA office/pre audit section the
consultant has clarified all the objection.
2.17. If any mish appending/ accident/incident etc. Happened on work project, the
consultant have to take necessary action and make F.I.R. if needed.
Consultants have to submit action report to the JDA.
2.18. Theconsultantwillsubmitcopiesofallcorrespondencemadewithcontractor& other
department immediately and in compile form spiral binding file monthly.
2.19.
a. JDA may conduct independent quality monitoring and checking or by JDA
Engineers at random, of works carried or/and recommended for payment
by the consultant.
b. If such checks disclosed that works certified or/and recommended for
payment by the consultant do not meet the specified requirement. JDA
will not pay the consultant fee of the affected portion which shall be
calculated @2.5% of the value of such work.
1.1. Before the issuance of the completion certificate, a mandatory walk
down of the complete facility on micro level checking with contractors
authorized representative and JDA officials.
1.2. Any items which are going to execute according to approved make
list, it must be approved by the Executive Engineer of JDA.
1.3. Any type of measurement and financial irregularities in work and
payment to the contractor if found during agreement period or after
agreement period, the PMC will be solely responsible for such
irregularities.
1.4. If, any reduction in the scope of work, then payment shall be made accordingly.
1.5. JDA will have full right tore-measure the work at anytime.
Page |26
 3.0 TIMEPERIOD FOR SERVICES
Time period for PMC will be 30, Months (excluding rainy season) + 3 months post completion
The consultant will indemnify JDA for any direct loss or damage, which occur due to deficiency in
services. Penalty may be imposed on the consultants for poor performance/deficiency in services
as expected from the consultant as per below.
S.NO. ACTIVITIES PENALTY

If there is any delay in report submission for more

1. Report Submission than 3 consecutive months, JDA may impose a penalty
Rs. 10,000 per default.
For any reason whatsoever, if any of the Key personnel
remains absent from duty for a period of more than 15
continuous working days without information to JDA, the
consultant shall provide replacement with a person of
2. Absent from Duties
equal or higher qualification & experience under the
intimation to the Executive Engineer JDA. In the event
of the failure of the consultant to do so, a penalty
ofRs.50,000(fifty thousand),shall be made to JDA.

On account of confirmation of any mistake due to Willful

negligence/misconduct by any of the employee of the consultant,
the JDA may ask for immediate replacement of such
Mistakes due to willful person & may impose penalty of up to Rs 50,000/ (Rupees Fifty
3 negligence/ misconduct.
Thousand Only) or may initiate legal action. Imposing of above
penalties shall not relief the Project management consultant from
the responsibilities.

Without prejudice to the provision in clause 9 of this TOR, in case of

delay in satisfactory completion of the project occurring due to consultant,
beyond the stipulated period, the consultant shall be liable to pay penalty
@ 0.05% (Zero point Zero five percent ) per calendar day subject to
maximum of 3.0% (three percent) of quoted fees for delay of first 3
(three) months, from the scheduled date of completion. For delays in
satisfactory completion of work beyond 3 (three) months for the reason
attributable to the consultant, the amount of performance security in part
or full as decided by JDA is liable to be forfeited.

4.0 CO-ORDINATION AND CONSULTATION

Outputs:-
The various outputs required from the work have been stated in the
descriptions of the Tasks (see below).
Duration in Months after
S.NO. Activity/Report Nos.
Commencement of study
Every Month
1. Monthly Progress Reports 3
2. Quarterly Progress Reports 3 Every Quarter
Project Implementation Completion On Completion of the Project
3. 5
Report
Defect liability report Quarter or as and when reqd
4. 03

Page |27
 APPENDIX–A

1. FACILITIESANDSERVICESOFOTHERSTOBEPROVIDEDBYJDA

1.1. TO FACILITATE SMOOTH CONDUCT OF THE STUDY, JDA SHALL

OFFER DUE HELP VIZ.

i. To secure permission from respective departments for the entry into

private properties or restricted areas for the conduct of the study.
ii. To secure permission to take all data documents (including
photographs) relating to the study but on returnable basis.
iii. Issue of authority/recommendation letters.
iv. Provide consultants, sub consultants and the personnel with the work
permits and such other documents as shall be necessary to enable
the consultants, sub consultants or personnel to perform the services.

1.2. ACCESSTOLAND

JDA warrant that the Consultants shall have, free of charge unimpeded
access to all and of the Government’s/ JDA in respect of which accessis required for the
performance of the services. JDA will be responsible for any damage to such land
or any property there on resulting from such access and will indemnify the
Consultants and each of the Personnel in respect of liability for any such
damage unless such damage is caused by the default or negligence of the
Consultants or any Sub Consultant or the Personnel of either of them.

Page |28
 APPENDIX–B

REPORTINGREQUIREMENTS
1. REPORTS

1.1. ASBUILTDRAWINGS

On Submitting completion report and drawings in two hard copies

along with soft copy for issuance of completion/ occupancy
certificate by statutory authorities, wherever required and on issue of
as built drawings to JDA.

GENERALCONDITIONSOFCONTRACTDEFINITI
ONSANDINTERPRETATION
1.DEFINITIONS
The following words and expressions shall have the meanings assigned to them
except where the context otherwise requires:
I The ‘PROJECT MANAGEMENT CONSULTANCY FOR
INFRASTRUCTURAL DEVELOPMENT WORKS FOR Scheme No 64 and
65 &TDS-02 (PHASE-II) OF JDA, AT JABALPUR.

ii. “JDA”or “Authority”or “Department” or “Employer” shall mean the

JABALPUR Development Authority and its Successors in office and assigns.

iii. The“CEO” shall mean Chief Executive Officer of JDA.

iv. The“Chief Engineer” shall mean the officer of JDA who is designatedas such for the time
being in whose jurisdiction the work lies.

v. The “Superintendent Engineer” shall mean the officer of JDA who is

designated as such for the time being in whose jurisdiction the work lies.

vi. The “Executive Engineer” shall mean the officer of JDA who is designatedassuch for the
time being in whose jurisdiction the work lies and also called project
Engineer of JDA.

vii. A “Day” shall mean a day of 24 hours from midnight to mid night irrespective
of number of hours worked in that day.

viii. A “Week” shall mean 7 consecutive days without regard to the number of
hours worked in any day in that week.

Month and Year and all dates shall be as per the Gregorian calendar. The time referred to shall be
Indian Standard Time.
ix. The “Site” shall mean the lands and/ or other places, on under, in or
through which the work is to be executed under the contract including any
other lands or places which may be allotted by the Department or used
for the purpose of contract work.
Page |29
 x. “Urgent Works” shall mean any measures, which in the opinion of
Engineer becomes necessary during the progress of the work to obviate
any risk or accident or failure or which becomes necessary for security of
the work or the persons working thereon.

xi. The “PMC” means Project Management Consultant as appointed by JDA

and will be the Engineer in charge for the project.

xii. The “Engineer” means The Team Leader of PMC or any authorized person.

2. INTERPRETATION

2.1. The headings in the Agreement shall not be used in its interpretation.

2.2. The singular includes the plural; the masculine includes the feminine, advice-
versa where the context requires.

OBLIGATIONSOFJDA

3. INFORMATION

JDA shall within reasonable time provide all such information as

may be in his possession to the Consultant if demanded in
writing.

4. DECISIONS

On all matters properly referred to him in writing by the

Consultant the JDA shall give his decision in writing so as not
to delay the Services and within a reasonable time.

5. ASSISTANCE

JDA shall provide support to the consultant if sought in the following matter
5.1. The provision of documents necessary for entry ,residence, work and exit;
5.2. Providing unobstructed access where verities required for the Services;
5.3. Providing access to other organizations for collection of
information, which is to be obtained by the Consultant?

6. SERVICESOFOTHERS

The JDA shall at his cost arrange for the provision of services from
others as described in Appendix – A and the Consultant shall co-operate
with the suppliers of such services but shall not be responsible for them
or their performance.

Page |30
7. PERSONNEL
The Consultant shall employ and depute qualified personnel for the work
as per the name and qualification given in the Technical Proposal.
8. REPRESENTATIVES
The Consultant shall depute a senior officer capable of taking decisions
and represent the consultant with the JDA. Such person so deputed shall
not be changed without the consent of the JDA.

9. CHANGESIN PERSONNEL
9.1. RELATIONBETWEENTHEPARTIES
Nothing contained herein shall be construed as establishing a relation of
master and servant or of agent and principal as between JDA and the
Consultants. The Consultants, subject to this contract, have complete
charge of Personnel performing the services and shall be fully responsible
for the Services performed by them or on their behalf here under.

9.2. REMOVALAND/ORREPLACEMENTOFPERSONNEL
9.2.1. Except as JDA may otherwise agree in writing at the request of
the consultant on reasonable ground to its satisfaction, no change
shall be made in the key Personnel. However, it becomes necessary
to replace any of the Personnel; the Consultants shall forthwith
provide as a replacement a person of equivalent or better
qualifications.
9.2.2. If JDA
(i) finds that any of the Personnel has committed serious misconduct
or has been charged with having committed a criminal action; or
(ii) has reasonable cause to be dissatisfied with the Performance of
any of the Personnel, then the Consultants shall at the JDA’s written
notice specifying the grounds thereof, forthwith provide as are
placement a person with qualifications and experience acceptable to
the JDA.
9.2.3 if due to unforeseen reason the consultant agency required to
change the deployed person it may be allowed with the one-time
penalty as below:
 Team Leader 25000/-
 Assistant Resident engineer 15000/-
 Field Engineer 10,000/-
 Computer operator 5000/-

10. INDEMNITY
10.1. The Consultant agrees to indemnify and hold harmless JDA from and against
any and all claims, actions proceedings, lawsuits, demands, losses,
liabilities, damages, fines or expenses (including interest, penalties,
attorneys’ fees and other costs of defense or investigation.
a. Related to or arising out of, whether directly or indirectly;
b. The breach by the Consultant of any obligations;
c. The alleged negligent, reckless or otherwise wrongful act or
omission of the Consultant including professional negligence or
misconduct of any nature whatsoever in relation to Services rendered
to the JDA;
Page |31
 10.2. As soon as reasonably practicable after the receipt by JDA of a
notice of the commencement of any action by a third party, JDA will
notify the Consultant of the commencement thereof; provided, however,
that the omission so to notify shall not relieve the Consultant from any
liability which it may have to the JDA or the third party. The
obligations to indemnify and hold harmless, or to contribute, with respect
to losses, claims, actions, damages and liabilities relating to the
Indemnified Matter shall survive till all claims for indemnification and/or
contribution asserted shall survive and until their final resolution thereof.

10.3. The fore going provision sare in addition to any rights which the JDA may have
at common law, in equity or otherwise.

COMMENCEMENT, COMPLETION, ALTERATION AND TERMINATION OF THE

AGREEMENT

11. AGREEMENTEFFECTIVE
This Contract shall come into force and effect on the date (the “Effective
Date”) notice to proceed with the work to the contactor of the work issued by
JDA and instructing the Consultants to begin carrying out the Services. This
notice shall confirm that the effectiveness conditions, if any, listed in the
Contract have been met.

12. COMMENCEMENTANDCOMPLETION
12.1. The service shall be commenced from the date when the Consultant actually
commence the work as may be notified to the JDA; and shall be
provided till completion of project or on such date as may be
extended by the JDA in writing.
12.2. The services of consultants shall be available till the completion
schedule date of the project or till the completion of Defect liability
period or in case of claims/ court cases, if the services of the
consultant are required then the fees will be decided on mutual
consent, however in any case the same shall not be more than
proportionate fees payable under this contract.

12.3. The consultant will maintain the record of work till Completion of the
defect liability period and or till the claims and court matters pertaining
to the work are settled, whichever is later.
12.4. The consultant will also submit the certificate regarding Satisfactory
complete of the work before the final bill is paid from in charge
officer of the JDA.

13. VARIATIONS
The Agreement can be varied on application by either party by written
agreement of the parties.

14. FURTHERPROPOSALS
JDA shall have the right to request in writing for changes, additions,
modifications or deletions in any part of the scope of work and to request in writing
additional work in connection and the consultant shall comply with such request.
The preparation and submission of such proposals shall be an Additional
Service & will be paid separately with mutual consent of both the parties.
Page |32
15. EXTENSIONOFTIME
In case of delay in completion of the work for the reason not
attributable to the Consultant, the JDA may consider grant of extension of
services of the Consultant on its sole discretion, The Consultant shall be paid
fees as specified below.
15.1. After 24months from the date of commencement 10% extra of
approved rates will be given for the balance works till completion of
works + Goods & Service Tax.
15.2. PMC will be responsible for all the works till DLP.
15.3. Fee is inclusive of all taxes but exclusive of Goods & Service Tax.
15.4. Goods & Service Tax will be paid separately as per rules and regulation.
15.5. TheChallanofGoods&ServiceTaxshallbesubmittedforlastpaymentspriorto
current bill.
16. SUSPENSIONANDPAYMENTSDURINGSUSPENSIONPERIODOFPMCWORK
16.1.1. JDA may, by written notice of 15 days of suspension to the
Consultants, suspend all payments to the Consultants hereunder if the
Consultants fail to perform any of their obligations under this
contract, including the carrying out of the services provided that such
notice of suspension shall specify the nature of the failure.

16.1.2. If suspension gets continued for six months then beyond six months the
agreement will get automatically null and void and neither of the
party is required to give any notice for termination of work after six
months of suspension. However if the work get revoke after six month& if
services from consultant are required, then the services for
consultancy on mutual consent may be again resume by consultant
on the revised fee mutually agreed upon by both the parties.

If work gets revoked before expiry of suspension period then the

regular consultancy fee will be paid to the consultant as per the
provisions of contract applicable to the payment terms and condition.
17. TERMINATION BY Superintending Engineer/Executive Engineer of JDA
17.1. Iftheconsultantsfailtorectifythefailureintheperformanceoftheirobligations hereunder,
as specified in a notice of suspension pursuant to suspension Clause of
this agreement hereinabove, within fifteen (15) days of receipt of such
notice of suspension or within such further period as the JDA may
have subsequently approved in writing;
17.2. If the consultants become insolvent or bankrupt or enter into any
agreements with their creditors for relief of debtor take advantage of
any law for the benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary;
17.3. If as the result of Force Majeure, the Consultant sareunable to perform material
portion of the Services for a period of not less than 6 months.
17.4. If the consultant, in the judgment of the JDA, was engaged in corrupt
or fraudulent practices in competing for or in executing the agreement.
17.5. The JDA may terminate the Agreement by notice of at least (15) days to the
Consultant who shall immediately make arrangements to stop the
services.
Page |33
17.6. If the consultant fail store port and to take corrective measures in respect of the
quality, workmanship, performance of contract as per good standard
practices OR fail to inform the delay OR non-performance by the
contractor as per the work schedule OR if not deploy the resources his
own as specified in the tender document, the JDA can give a notice
of termination giving (15) fifteen days’ time to the consultants to show
cause as to why the contract should not be terminated.
17.7. If the contract gets terminated due to reasons attributable to consultant then the bid
security/ performance security of consultant shall be forfeited and JDA
may debar the consultant to participate in bids of JDA, for the period
of one year or more as decided by the Chief Executive Officer, JDA.

18. TERMINATIONBYTHE CONSULTANTS

The Consultants may, by not less than thirty (30) days written notice to
JDA, terminate this contract.

18.1.1. If JDA fails to pay any money due to the Consultants pursuant to
this Contract and not subject to any dispute within ninety (90) days
after receiving written notice from the Consultants that such payment
is overdue; If JDA is in material breach of its obligations pursuant to
this contract and has not remedied the same within forty-five (45)
days or longer period, the Consultants has to establish such breach
of contract by JDA in writing following the receipt by the JDA of
the Consultant’s notice specifying such breach;
18.1.2. If, as result of Force Majeure, the Consultant sareunable to performa material
portion of the Service for a period of not less than six (6)months.
18.1.3. If JDA fail stocomply with any final decisionreachedasa result of arbitration
pursuant to relevant Clause of agreement.
19. Expiration of Contract
This Contract shall expire when services have been completed and all
payments have been made at the end of such time after the Effective Date
as shall be specified in the Contract.

20. Entire Agreement

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 or be liable for, any statement,
representation, promise or agreement not set forth herein.

21. MODIFICATION

Modification of the terms and conditions of this contract, including any

modification of the scope of the Services, may only be made by written
agreement between the Parties, however, each Party shall give due consideration
to any proposals for modification made by other Party.

Page |34
22. CESSATIONOFRIGHTSANDOBLIGATIONS

Upon termination of this contract or upon expiration of this contract, all

rights and obligations of the parties here under shall cease, except:
22.1. Such right and obligations as may have accrued on the date of termination or
Expiration.
22.2. The obligations of confidentiality.
22.3. Any right which a party may have under the applicable law.

23. CESSATIONOF SERVICES

Upon termination of this Contract by notice of either Party to the other,

the Consultants shall immediately upon dispatch or receipt of such notice, take
all necessary steps to brings 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 theConsultants
and equipment and materials furnished by the JDA, the Consultants shall
proceed as provided.

24. PAYMENTUPON TERMINATION

Upon termination of this Contract, JDA shall make the following payments
to the Consultants (after offsetting against these payments any amount that
may be due from the Consultants to the JDAs):
24.1. Remuneration for services satisfactorily performed prior to the effective date of
termination;
24.2. Reimbursable expenditures for expenditure actually incurred prior to the
effective date terminations;
25. RIGHT SANDLIABILITIES OF PARTIES
Termination of the Agreement shall not prejudice or affect the accrued
rights or claims and liabilities of the parties.

26. PAYMENTTOTHECONSULTANT
The bidder shall submit a percentage rate inclusive of all overhead
expenses. Fee is inclusive of all taxes but exclusive of Goods & Service
Tax. Goods & Service Tax will be paid separately as per rules and
regulation of State. The Challan of Goods & Service Tax shall be
submitted for last payments prior to current bill.
The payments to the consultant shall be made in stages as mentioned in the RFP document.

26.1. CURRENCYOF PAYMENT

Currency applicable to this agreement is in Indian Rupees.

26.2. PAYMENTFOREXTRADEPLOYMENTOFMANPOWER
In case SE/EE (JDA) require any additional manpower for other works of
Authority or in the same project (in addition to the manpower mentioned
in the PMC) i.e. technical, managerial, or technician, the consultant has
to deploy the needed the resources on this project as per the needs.
The payment for the extra manpower shall be paid to the consultant as
follows:
Page |35
 26.2.1. Team Leader/ Resident Engineer (BE /B.Tech. Civil, with 15 years’
experience ) =Rs.60,000permonth+GST
26.2.2. AssistanceResidentEngineer(BE/B.Tech.Civil,with7years’experience) =
Rs.40,000 per month+GST
26.2.3. Filed Engineer (BE or B.Tech./Diploma in CivilEngineering, with 3/5
years’ experience= Rs. 30,000 per month + GST
26.2.4. Billing Engineer/Material Engineer (BE or B.Tech./Diploma in Civil
Engineering, with 3/5 years’ experience) = Rs. 30,000 per month +
GST
26.2.5. Computer Operator (10+2pass,having experience of office assistant for 2years
with computer typing experience) = Rs. 15,000 + GST
Note:

i. Above payment is for PMC period. If deployment is made in

the DLP period than 10% extra per year over the above-
mentioned rates will be made.
ii. In case any field staff as desired by Engineer-in-charge is
absent for more than 7 days in a month deduction will be
made as mention above.
iii.
GENERALPROVISIONS
27. LANGUAGESANDLAW
27.1. Language(s)of the Agreement shall be in English.
27.1.1. This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law of India and
Madhya Pradesh State.

28. ASSIGNMENTANDSUB-CONTRACTS

28.1. The Consultant shall not without the written consent of the JDA assign
the benefits from the Agreement other than money.

28.2. NeithertheJDAnortheConsultantshallassignobligationsundertheAgreement without

the written consent of the other party.

28.3. The Consultant shall not without the written consent of the JDA initiate
or terminate any sub-contract for performance of all or part of the
Services.
29. COPYRIGHT
Documents prepared by the Consultants to be the Property of the JDA.
All plans, drawing, specifications, designs, report and other documents
prepared by the Consultants in performing the Services shall become and
remain the properly of the JDAs, and the consultants shall not later
than15 days upon termination or expiration of this Contract, deliver all
such documents to the JDA, together with detailed inventory thereof. The
Consultants may retain a copy of such documents. JDA is free to use
the above documents for other project of the JDAs.
Page |36
30. CONFLICTOFINTEREST/CORRUPTIONAND FRAUD
1. CONSULTANTSNOTTOBENEFITFROMCOMMISSIONS,DISCOUNTS, ETC.
The remuneration of the Consultants hereof shall constitute the
Consultants’ sole remuneration in connection with this Contract or the Services
and thereof, the Consultants shall not accept for their own benefit any trade
commission, discounter similar payment in connection with activities pursuant to this
Contract or to the Services or in the discharge of their obligations here under,
and the Consultants shall use their best efforts to ensure that any Sub-consultants
as well as the Personnel and agents of either of them, similarly shall not
receive any such additional remuneration.

2. CONSULTANTSANDAFFILIATESNOTTOENGAGEINCERTAIN ACTIVITIES
The Consultants agree that, during the term of this Contract and after
its termination, the Consultants and any entity affiliated with the Consultants, as
well as any Sub-consultant and any entity affiliated with such Sub-consultant,
shall be disqualified from providing goods, works or services (other than the
Services and any continuation thereof) for any project resulting from or closely
related to the Services.
3. PROHIBITIONOFCONFLICTINGACTIVITIES

The Consultants shall not engage, and shall cause their Personnel as
well as their Sub- consultants and their Personnel not to engage, either directly
or indirectly, in any of the following activities:

a) during the term of this Contract, any business or professional activities

in the Government’s country which would conflict with the activities
assigned to them under this Contract; and

b) After the termination of this Contract, such other activities as may be

specified in the Contract.

31. CONFIDENTIALITY

The Consultants, their Sub-consultants and the Personnel of either of

them shall not, either during the term or within two (2) years after the
expiration of this Contract, disclose any proprietary or confidential information
relating to the Project, the Services, this Contract or the Employer’s business
or operations without the prior written consent of the Employer.

32. INSURANCETOBETAKENOUTBYTHECONSULTANTS
The Consultants (i) shall take out and maintain, and shall cause any
Sub-consultants to take out and maintain, at their (or the Sub-consultants’, as
the case may be) own cost but on terms and conditions approved by the
Employer, insurance against the risks, and for the coverage, as shall be
specified in the Contract, and (ii) at the Employer’s request, shall provide
evidence to the Employer showing that such insurance has been taken out and
maintained and that the current premiums therefore have been paid.
Page |37
 33. ACCOUNTING,INSPECTIONANDAUDITING

The Consultants (i) shall keep accurate and systematic accounts and
records in respect of the Services, hereunder, in accordance with internationally
accepted accounting principles and in such form and detail as will clearly identify all
relevant time charges and cost, and the bases thereof (including such bases as
may be specifically referred in the Contract); (ii) shall permit the Employer or its
designated representative periodically, and up to ne year from the expiration or termination
of this Contract, to inspect the same and make copies thereof as well as to
have them audited by auditors appointed by the Employer.

34. CONSULTANTSACTIONSREQUIRINGEMPLOYER’SPRIORAPPROVAL

The following shall obtain the Employer’s approval in writing before taking
any of the following actions:

a) Appointing such members of the Personnel (Key designations and

minimum supporting staff ‘Consultants’ Sub-consultants’ Key Personnel”)

b) entering into a subcontract for the performance of any part of the

Services, it being understood (i) that the Consultants shall remain fully
liable for the performance of the Services by the Sub-consultant and its
Personnel pursuant to this Contract; and

c) Any other action that may be specified in the Contract.

35. REPORTINGOBLIGATIONS

The Consultants shall submit to the Employer the reports and documents
specified in contract, in the form, in the numbers and within the time set forth
in the contract. It should be submitted in the form of PDF & excel as well.

36. DOCUMENTSPREPAREDBYTHECONSULTANTSTOBETHEPROPERTYOFTHE
EMPLOYER

All plans, drawings, specifications, designs, reports, other documents and

software prepared by the Consultants for the Employer under this Contract shall
become and remain the property of the Employer, and the Consultants shall, not
later than upon termination or expiration of this Contract, deliver all such documents
to the Employer, together with adetailedinventory there of. The Consultants may retain
copy of such documents and software. Restrictions about the future use of
these documents and software, if any, shall be specified in the GCC.

Page |38
 37. CONSULTANTS’PERSONNELANDSUB-CONSULTANTS37.1.GENERAL

The Consultants shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services as
specified in Tender Document.

DESCRIPTIONOFPERSONNEL

a) The titles, agreed job descriptions, minimum qualification and estimated of

engagement in the carrying out of the Services of each of the
Consultants’ Key Personnel. If any of the Key Personnel has already been
approved by the employers his/ her name is listed as well.

b) Adjustments with respect to the estimated engagement of Key Personnel

set forth may be made by the Consultants by written notice to the
Employer, provided

(i) That such adjustments shall not alter the originally estimated of
engagement of 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 of this Contract.
Any other such adjustments shall not be made without the
Employer’s written approval.

c) If additional work is required beyond the scope of the Services specified

in tender document the estimated of engagement of Key Personnel set
forth may be increased by agreement in writing between the Employer
and the Consultants, provided that any such increase shall not, except as
otherwise agreed, cause payments under this Contract to exceed the
ceilings set forth of this Contract.

APPROVALOFPERSONNEL

The Key Personnel and Sub-consultants listed by title as well as hereby

approved by the Employer. In respect of other Key Personnel which the Consultants
propose to use in carrying out of the Services, the Consultants shall submit to the
employer for review and approval a copy of their biographical data and (in the
case of Key personnel to be used within the country of the Government). If
the Employer does not object in writing (stating the reasons of the objection)
within twenty-one (21) calendar days from the date of receipt of such
biographical data and (if applicable) such certificate, such Key Personnel shall
be deemed to have been approved by the Employer.

Page |39
 38. OBLIGATIONSOFTHEEMPLOYER

38.1ASSISTANCEANDEXEMPTIONS

Unless otherwise specified in the Contract, the Employer shall use its
best efforts to ensure that the JDA shall:

a) Assist the Consultants, Sub-consultants and Personnel with such documents

as shall be necessary to enable the Consultants, Sub-consultants or
Personnel to perform the Services.

b) Assist for the Personnel and, if appropriate, their eligible dependent stobe provided
promptly with all necessary entry documents required for their stay in
India.

c) issue to officials, agents and representatives of the Government all such

instructions as may be necessary or appropriate for the prompt and
effective implementation of the Services;

d) assist the Consultants and the Personnel and any Sub-consultants

employed by the Consultants for the Services from any requirement to register
or obtain any permit to practice their profession or to establish themselves ether
individually or as a corporate entity according to the Applicable Law;

e) grant to the Consultants, any Sub-consultant and the Personnel of either

of them the privilege, pursuant to the Applicable Law, of bringing into
Government’s country reasonable amounts of foreign currency for the
purpose of the services or for the personnel use of the personnel and
their dependents and of withdrawing any such amounts as may be
earned therein by the personnel in the execution of the services; and

f) Provide to the Consultants, Sub-consultants and Personnel any such other

assistance as may be specified in the Contract.

39. CHANGESINTHEAPPLICABLE LAW

If, after the date of this Contract, there is any change in the Applicable
Law with respect to taxes and duties which increase or decreases the cost or
reimbursable expenses incurred by the Consultants in performing the Services,
then the remuneration and reimbursable expenses otherwise payable to the
Consultants under this Contract shall be increased or decreased accordingly by
agreement between the Parties hereto, and corresponding adjustments shall be
made to the ceiling amounts specified in Contract.

Page |40
 40. SERVICES, FACILITIES AND PROPERTY OF THE EMPLOYER

The Employer shall make available to the Consultants and the Personnel,
for the purposes of the services and free of any charge, the services, facilities
and property described in contract at the times and in the manner specified in
contract, provided that if such services, facilities and property shall not be
made available to the Consultants as and when so specified, the Parties shall
agree on (i) any time extension that it may be appropriate to grant to the
Consultants for the performance of the Services,(ii) the manner in which the
Consultants shall procure any such services, facilities and property from other
sources, and (iii)the additional payments, if any, to be made to the Consultants
as a result thereof pursuant to Contract hereinafter.

41. COUNTERPARTPERSONNEL

a) If so provided in contract here to, the Employer shall make available

to the Consultants, as and when provided in contract, and free of charge, such
counterpart personnel to be selected by the Employer, with the Consultants’
advice, as shall be specified in contract. Counterpart personnel shall work under
the exclusive direction of the Consultants. If any member of the counterpart
personnel fails to perform adequately any work assigned to him by the
Consultants, which is consistent with the position occupied by such member, the
Consultants may request the replacement of such member, and the Employer
shall not unreasonably refuse to act upon such request.

42. FAIRNESSANDGOODFAITH
42.1 GOODFAITH
The Parties under take to act in good faith with respect to each other’s rights under this
Contract and to adopt all reasonable measures to ensure the realization of the
objectives of this Contract.

43. OPERATIONOFTHECONTRACT
The Parties recognize that it is impractical in this Contract to provide for
every contingency which may arise during the life of the Contract, and the
Parties hereby agree that it is their intention that this Contract shall operate fairly
as between them, and without detriment to the interest of either of them, and that,
if during the term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on such
action as may be necessary to remove the cause or causes of such unfairness,
but no failure to agree on any action pursuant to this Clause shall give rise
to dispute subject to arbitration in accordance with contract.

44. CONFLICTOFINTEREST/CORRUPTIONANDFRAUD
Not with standing any penalties that may be enforced against the
Consultant under the law of the country of the project, or of other jurisdictions,
JDA will be entitled to terminate the Agreement) and the Consultant shall be
Page |41
deemed to have breached the contract, if it is shown that the Consultant is
guilty of:
i. offering, giving, receiving or soliciting anything of value with a view to
influencing the behavior or action of anyone, whether a public official or
otherwise, directly or indirectly in the selection process or in the conduct
of the Agreement; or

ii. Misrepresentation of facts in order to influence as election process or the

execution of a contract to the detriment of the JDA, including the use
of collusive practices intended to stifle or reduce the benefits of free and
open competition.

DEBARRINGTHECONSULTANT
In case the Consultant fails to perform to the satisfaction of JDA or fails to
deliver the results as envisaged in the assignment or delay the grant of
approval, sanction, permission, instruction for execution of the work to any
agency or contractor which results in delay in completion of the project or fails
to inform and bring to notice of the JDA any incidence, action, deed or cause
which may delay the completion of the project within 15 days of occurrence of
such event or fails to supervise the quality of work of CONSTRUCTION OF
INFRASTRUCTURAL DEVELOPMENT WORKS FOR Scheme No. 64 & 65 and
TDS-02 ( Phase-II) OF JDA, AT JABALPUR.

45. .the JDA not withstanding any other action including forfeiture of
performance security, may debar the consultant to take part in any work
of the JDA in future for a period not exceeding 3 years.
46. NOTICES
Any notice, request or consent required or permitted to be given or
made pursuant to this Contract shall be in writing & by e-mail. Any such
notice, request or consent shall be deemed to have been given or made when
delivered in person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, or facsimile to
such Party at the address specified in the Contract.
Notice will be deemed to be effective as specified in the Contract.
A Party may change its address for notice here under by giving the other Party
notice of such change pursuant to the provisions listed in the Contract.
47. LOCATION

The Services shall be performed at such locations as are specified in

(Terms of Reference) here to and, where the location of a particular task is
not so specified, at such locations, whether in Jurisdiction of JABALPUR
Development Authority, as the Employer may approve.

48. AUTHORIZEDREPRESENTATIVES
Any action required or permitted to be taken, and any document required
or permitted to be executed, under this Contract by the Employer or the
Consultants may be taken or executed by the officials specified in the Contract.

Page |42
 49. TAXESANDDUTIES
The Consultants and Personnel shall pay such taxes, duties, fees and
other impositions as may be levied under the Applicable Law. GST paid
separately

50. SETTLEMENTOFDISPUTES

50.1. AMICABLEDISPUTERESOLUTION

Any dispute between the Parties as to matter sari sing pursuant to this Contract
which cannot be settled amicably within thirty (30) days after receipt by one
Party of the other Party's request for such amicable settlement may be
submitted by either Party for settlement to the Superintending Engineer/Executive
Engineer, JABALPUR Development Authority, JABALPUR.

51. Procedure for Disputes

All dispute sari sing out of this contract, if not resolved as above, then shall be decided
by the committee comprising of following:-
i. Chief Executive Officer of JDA Chairman
ii. Superintending Engineer/ Executive Engineer of JDA Member
iii. Concern Executive Engineer of JDA. Secretary
The Disputes Settlement Committee shall give decision in writing preferably
within 30 days but not later than 90 days of receipt of a dispute or within
such time as mutually extended by the parties, after giving an opportunity to
being heard.
Any party not satisfied with the decision of the committee shall be
free to refer the dispute to MP Arbitration Tribunal, Bhopal constituted under
MP Madhyasthma Adhikaran Adhiniyam 1983.
52. ARBITRATION
If any dispute or difference of any kind whatsoever shall arise in
connection with or out of this contract and which his not amicably settled between
consultant and JDA as per provisions of the agreement, either of the party’s may
file the case before MP Arbitration Tribunal constituted under MP Madhyastham
Adhikaran Adhiniyam 1983.
53. FORCEMAJEURE DEFINITION

i. For the purpose of this contract “Force Majeure” means an

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

Page |43
 ii. Force Majeure shall not include (a) any event, which is
caused by the negligence or intentional action of a Party or
such Party’s sub consultants or agents or employees, nor
(b) any event which a diligent Party could reasonably, have
been expected of this Contractor and [B] avoid or over come
in the carrying out of its obligations hereunder.
iii. Force Majeure shall not include insufficiency of funds or
failure to make any payments required hereunder.

NOBREACHOF CONTRACT
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 in so far as
such inability arises from an event of Force Majeure, provided that the Party
affected by such an event has take all reasonable precautions, due care and
reasonable alternative measures, all with the objective of carrying out the terms
and conditions of this contract.
MEASURETOBETAKEN

i. Party affected by an event of Force Majeure shall take all

reasonable measures to remove such Party’s inability to fulfill
its obligations hereunder with a minimum of delay.
ii. Party affected by an event of Force Majeure shall notify the
other Party of such event as soon as possible, and in any event not
later than Fourteen (14) days following the occurrence of such
event, providing evidence of the nature and cause of such
event, and shall similarly give notice of the restoration of
normal conditions as soon as possible.
iii. The Parties shall take all reasonable measures to minimize
the consequences of any event of Force Majeure.

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

PAYMENTS
During the period of their inability to perform the services as a result of
an event of Force Majeure, the Consultants shall be entitled to be reimbursed
for providing the services during such period as per the input provided by
them. The requirement of team of consultants during such period shall be
decided by JDA in accordance to the approved rate quoted by consultant for
individual technical personnel. The JDA shall intimate in writing to consultant for
such requirements however in case of non- requirement of consultant’s
personnel, minimum 30% of monthly fee shall be paid to consultant against
other heads and expenses of establishment. The additional costs reasonably and
necessarily incurred by consultants during such period for the purpose of the
Services and in reactivating the Services after the end of such period shall also
be paid additionally.
Page |44
 54. LIABILITYOFCONSULTANT
The JDA’s Endeavour is to select PROJECT
a reputed consultant
MANAGEMENT CONSULTANCY FOR INFRASTRUCTURAL DEVELOPMENT
WORKS FOR Scheme No 64 and 65 &TDS-02 (PHASE-II) OF JDA,
AT JABALPUR.

.. As detailed in the scope of work. The JDA expect from the

Consultant to deliver their best in both quality and innovation and uniqueness
observing high international standards at all the time. In case of loss or
damage if any caused to the JDA due to any reason attributable to then
negligence, or deficiencies in services by the Consultants in such case the Consultant
shall be liable for civil and criminal liabilities under the prevailing laws in India.

55. THIRDPARTYTEST
Third party test (if any) shall be conducted separately and the cost of
all such required tests and appointment of third party shall be exclusive of
consultant’s fee and shall be borne by JDA/Contractor.
56. REPRESENTATIONS,WARRANTIES AND DIS CLAIMER

The Consultant represents and warrants to the JDA that:

i. It has duly constituted organization, validly existing and in good
standing under the applicable laws of the Country;

ii. It has full power and authority to execute, deliver and perform its obligations under

This Contract and to carry out the transactions contemplated hereby;

iii. It has taken all necessary corporate and other action under
Applicable Laws and its constitutional documents to authorize the
execution, delivery and performance ofthis Contract;

iv. It has the financial standing and capacity to under take the Project;

v. This Contract constitutes its legal, valid and binding obligation

enforceable against it in accordance with the terms hereof;

vi. It is subject to laws of India with respect to this Contract and it

here by expressly and irrevocably waives any immunity in any
jurisdiction in respect thereof;

vii. There are no actions, suits, proceedings, or investigations pending

or, to the Consultant’s knowledge, threatened against it at law or
in equity before any court or before any other judicial, quasi-
judicial or other authority, the outcome of which may result in the
breach of or constitute a default of the Consultant under this Contract
or materially affect the discharge by the Consultant of its
obligations under the Contract.

Page |45
 viii. No representation or warranty by the Consultant contained herein
or in any other document furnished by it to the JDA contains or will
contain any untrue statement of material factor omits or will omit to
state a material fact necessary to make such representation or
warranty not misleading; and

ix. No sums, in cash or kind, have been paid or will be paid, by

or on behalf of the Consultant, to any person by way of fees,
commission or otherwise for securing the Contractor for influencing
or attempting to influence any officer or employee of the JDA in
connection therewith.

57. MISCELLANEOUS

ADDITIONSANDALTERATIONS
i. The JDA shall have the right to request in writing for changes,
additions, modifications or deletions in any part of the scope of
work and to request in writing additional work in connection and
the consultant shall comply with such request.
ii. The consultant shall not make any deviations, alterations,
additions, to or omissions from the work shown / described
and awarded to the contractor except through and with
proper approval of the JDA.

ASSIGNMENTANDCHARGES
i. The Contract shall not be assigned by the Consultant save
and except with prior consent in writing of the JDA, which
consent the JDA shall be entitled to decline without
assigning any reason whatsoever.

ii. The JDA is entitled to assign any rights, interests and

obligations under this Contract to third parties.
58. AMENDMENT

This document may be modified or amended only by another written agreement

executed by the Parties.
59. TIMEIS ESSENCE
Any time or period mentioned in any provision of this document may be
extended by mutual agreement between the Parties but as regards any time,
date or period originally fixed or any time, date or Period so extended as
aforesaid time shall be of the essence.

In case of delay or where the Consultant has apprehension about the

causes of delay, it is his duty to inform the Chief Engineer along with to
other concerned authorities and failure to same shall be treated as negligence
on his part.

Page |46
 60. SERVICEABILITY

If for any reason whatever any provision of the Contract is or becomes

invalid, illegal or unenforceable or is declared by any court of competent jurisdiction or
any other instrumentality to be invalid, illegal or unenforceable, the validity, legality
or enforceability of the remaining provisions shall not be affected in any
manner, and the Parties will negotiate in good faith with a view to agreeing
upon one or more provisions which may be substituted for such invalid,
unenforceable or illegal provisions, as nearly as is practicable. Provided failure
to agree upon any such provisions shall not be subject to dispute resolution
under the Contractor otherwise.
61. NOPARTNERSHIP

Nothing contained in the Contract shall be construed or interpreted as

constituting a partnership between the Parties. Neither Party shall have any
authority to bind the other in any manner whatsoever.
In case of any disputes which requires involvement and reporting to the
local police, PMC will be responsible to file the FIR reports and cooperation the
local authorities
62. EXCLUSION OF IMPLIEDWARRANTIESETC.
The Contract expressly excludes any warranty, condition or other
undertaking implied at law or by custom or otherwise arising out of any other
agreement between the Parties or any representation by any Party not
contained in the Contract.
63. SURVIVAL
Termination of the Contract (a) shall not relieve the Consultant or the
JDA of any obligations hereunder which expressly or by implication survive
Termination hereof, and (b) except as otherwise provided in any provision of the
Contract expressly limiting the liability of either Party, shall not relieve either
Party of any obligations or liabilities for loss or damage to the other Party
arising out of or caused by acts or omissions of such Party prior to the
effectiveness of such Termination or arising out of such Termination.
64. GOVERNINGLAWANDJURISDICTION
i. The Contract shall be construed and interpreted in accordance with and governed by
The applicable Laws in India.
ii. The exclusive Jurisdiction under this contract for all matters arising
out of or relating to the Contract shall be Courts and Tribunals at
JABALPUR Madhya Pradesh, India only.
65. WAIVER
i. Waiver by either Party of any default by the other Party in the observance and
performance of any provision of or obligations or under the Contract:
a. That it shall not operate or be construed as a waiver of any other or
subsequent default hereof or of other provisions or obligations under
the Contract:
b. That it shall not be effective unless it is in writing and executed by
adulyauthorized representative of such Party; and
Page |47
 c. That it shall not affect the validity or enforce ability of the Contract in any manner.

ii. Neither the failure by either Party to in sis ton any occasion upon the
performance of the terms, conditions and provisions of the Contract or
any obligation here under nor time or other indulgence granted by a
Party to the other Party shall be treated or deemed as waiver of such
breach or acceptance or any variation or the relinquishment of any such
right hereunder.

66. In case of any discrepancy, the decision of the Executive Engineer of

JDA will be final and binding to all concerned.

Executive Engineer
Jabalpur Development Authority
7A, Civic Center, Marhatal,
Jabalpur – 482002

Page |48
PROJECT MANAGEMENT CONSULTANCY FOR INFRASTRUCTURAL
DEVELOPMENT WORKS FOR Scheme No 64 and 65 &TDS-02 (PHASE-II)
OF JDA, AT JABALPUR.

FINANCIAL PROPOSAL

(To be submitted ONLINE only)

1) Rate quoted by the bidders will be considered as percentage rate.

2) GST will be paid extra as per applicable rates.

Page |49