श्यामा प्रसाद मु खर्जी पोर्ट , कोलकाता

SYAMA PRASAD MOOKERJEE PORT, KOLKATA

(Erstwhile KOLKATA PORT TRUST)

(AN AUTONOMOUS BODY UNDER THE MINISTRY
OF PORTS, SHIPPING AND WATERWAYS,
GOVERNMENT OF INDIA)

KOLKATA DOCK SYSTEM

********
श्यामाप्रसाद मुखर्जी पोर्ट , कोलकाता के पोर्ट लैंड पाकट आवासीय कॉलोनी में एक
क्लब कॉम्प्लेक्स के ववकास के वलए योर्जना, वडर्जाइन, वववरण, वित्र तै यार करने और
वववरण अनुमान को कवर करने वाली तकनीकी सेवाएं ।

Technical services covering planning, designing, detailing,

preparation of drawings and detail estimation for development of a
club complex at Portland Park Residential Colony of Syamaprasad
Mookerjee Port, Kolkata.

********

Civil Engineering Department

SYAMA PRASAD MOOKERJEE PORT, KOLKATA

TENDER NO:- SMPK/KDS/CIV/T/2892/74

dated 17.09.2024
 Syama Prasad Mookerjee Port, Kolkata
Civil Engineering Department
TENDER NOTICE

Limited manual tender is invited from Empanelled Architectural Firms

[Category C] of SMPK for the work of “Technical services covering planning,
designing, detailing, preparation of drawings and detail estimation for
development of a club complex at Portland Park Residential Colony of
Syamaprasad Mookerjee Port, Kolkata .“ as detailed in this tender document.
This Bid Document is being published in the SMPK website
https://smportkolkata.shipping.gov.in.Addendum/Corrigendum/Clarification/No
tification etc., if any, shall be published / hoisted on the above-mentioned
website only.

SCHEDULE OF TENDER (SOT)

a. TENDER No. निनिदा संख्या SMPK/KDS/CIV/T/2892/74

dated 17.09.2024
b. MODE OF TENDER Tender from empanelled architects.
निनिदा का तरीका
Mode:- Manual ( physical) .

Bidding type: - Two cover / two part

(Techno-Commercial Bid and Price
Bid.)
c) i) Estimated Cost of the Project Not applicable.
पररयोर्जिा की अिुमानित लागत

ii) Earnest Money Deposit Nil.

बयािा रानि
` 2950/- (Rupees Two Thousand Nine Hundred
iii) Tender Document fee only) including @18% GST)
(Non-refundable)
Mode: - Banker’s Cheque/ Demand
निनिदा दस्तािेर्ज िुल्क (अप्रनतदे य)
Draft / ECS/ RTGS from any
Scheduled/Nationalised Bank.

Payee: - Syama Prasad Mookerjee Port,

Kolkata.

EXEMPTIONS TO MSMEs for payment of Payable at :- Kolkata

EMD and Tender Cost would be applicable A/C: Syama Prasad Mookerjee Port, Kolkata
as given in “Instructions To Bidders”. A/c No: 067502000000491
IFSC: IOBA0000675
Bank Name: Indian Overseas Bank
Branch Name: STRAND ROAD Branch
 d. Date of NIT available to parties 18.09.2024 to 17.10.2024 (up to
to download 14:00 hrs.)
पानर्ट यों को डाउिलोड करिे के नलए उपलब्ध
एिआईर्ी की नतनि
f. Pre – Bid Meeting Date & Time 27.09.2024 at 11:00 hrs at the office of
प्री-नबड मीनर्ं ग की तारीख और समय Chief Engineer.

Hybrid mode through link:-

Date: 27.09.2024.,11:00 - 12:00 (IST)
Meeting link:
https://teams.live.com/meet/954717286
9302?p=biO8iGW6oKB9WppnD6

Meeting ID: 954 717 286 930 2

Passcode: UghZz2
g. Last date of submission
of receipt of EMD & Tender 18.10.2024 (up to 17:00 hrs.)
Document fee at Syama
Prasad Mookerjee Port,
Kolkata श्यामा प्रसाद मुखर्जी पोर्ट ,
कोलकाता में ईएमडी और निनिदा
दस्तािेर्ज िुल्क र्जमा करिे की
अंनतम नतनि
h. Date of Starting of tender for
submission of physical Techno- 07.10.2024 (From 14:00 hours
Commercial Bid and Price Bid. onwards)
भौनतक तकिीकी-िानिज्यिक बोली और मू ल्य
बोली र्जमा करिे के नलए निनिदा िु रू होिे की
नतनि।

i. Date of closing of tender for 17.10.2024 (at 15:00 hrs)

submission of Techno-
commercial Bid & Price Bid.
तकिीकी-िानिज्यिक बोली र्जमा करिे के नलए
निनिदा बंद करिे की नतनि

j. Date & time of opening of 18.10.2024 (shortly after 15.00 hrs)

Techno-Commercial Bid.
तकिीकी-िानिज्यिक बोली खोलिे की नतनि
और समय।

Note: In the event of closure of office on the scheduled last date of submission
and opening of tender as aforesaid due to any sudden declaration of holiday /
strike / Bandh etc or unforeseen natural calamity, the above dates shall be
extended to the next following working day without any further notice.
 ANNEXURE-A

IMPORTANT INSTRUCTIONS FOR ENDER

CONTACT DETAILS :-

Sl. Name Designation Contact No. e-mail

No.
1 A Bagchi Suptdg. 9674720079 [email protected]
Engineer
(Contract)
2 M Urban Planner 9830936339 moumita.gt
Guhathakurta @kolkataporttrust.gov.in
3 03371012364, [email protected],
03371012457 [email protected]
[email protected],
[email protected].

1. All entries in the tender should be entered in Technical & Commercial Formats
without any ambiguity.

2. Tender cannot be accessed after the due date and time mentioned in NIT.

3. SMPK reserves the right to cancel or reject or accept or withdraw or extend the
tender in full or part as the case may be without assigning any reason thereof.

4. Any order resulting from this tender shall be governed by the terms and conditions
mentioned therein.

5. No deviation to the technical and commercial terms & conditions are allowed.

6. The bidders must submit all the documents required as per terms of tender. Any
other document submitted which is not required as per the terms of the tender
shall not be considered.

7. The bid will be evaluated based on the submitted technical & commercial
documents / formats.

8. Bidder has fully read and understood the entire Tender Document, GCC,
Corrigendum and Addenda, if any downloaded from website under the instant
tender and no other source, and will comply with the said document, GCC,
Corrigendum and Addenda. A declaration in this regard is to be made by the
bidder.

9. (A) Tender will be opened physically on specified date and time as mentioned in
the NIT. Bidders can witness physical opening of Bid.

(B) Necessary addendum/corrigendum (if any) of the tender would only be hoisted
in the SMPK Portal.

10. (A) Part-I i.e. Techno commercial bid will be opened physically y on specified date
and time (B) Part-II i.e. Price Bid will be opened physically of only those bidder(s)
whose offer will be techno commercially qualified and accepted by SMPK. Such
bidder(s) will be intimated the date of opening of Price Bid (Part-II) in due course
through valid email given by them. Necessary addendum/corrigendum (if any) of
the tender will be hoisted in SMPK Website only..
 ANNEXURE-B

COMMERCIAL TERMS & CONDITIONS

1. Mere participation in tender will not mean that a particular bidder will be
automatically considered qualified and their bids will be entertained. Such
qualification will be evaluated at the time of techno-commercial evaluation of
bids.

2. Relevant copy of valid NSIC Certificate or MSME Certificate must be submitted

along with the bid, if EMD & Tender Cost exemption is sought.

3. SCOPE OF WORK: As per Tender Document

4. The Terms and Conditions of Tender shall be read in conjunction with the
General Conditions of Contract, Specifications, Bill of Quantities and other
documents forming part of this Contract wherever the Contract so requires.

5. The Contract will include the Client’s Bid Documents with the General
Conditions of Contract and the Bidder’s Offer as finally accepted by the Client,
together with Addenda and Corrigenda, if there be any. SMPK’s General
Conditions of contract is the integral part of the tender / contract.

6. The TIA is not bound to accept the lowest or any tender and reserve the
right to accept a tender in full or in part and / or reject a tender in full or in
part without assigning any reason thereof.

7. The contract shall be governed by all relevant Indian Acts applicable only
within the jurisdiction of the High Court at Kolkata.

8. Intending bidders must take into account any cost or expense incurred by
them in connection with the preparation and submission of their bids or for
any other expenses incurred in connection with such bidding.

9. Bidders are advised to visit the site of work prior to submission of their bid.
Bidder shall get himself thoroughly familiarized with the site conditions,
existing road facilities for carrying materials etc. before submission of the e-
tender. He may contact the Chief Engineer/Urban Planner / SE(Contract) or
his authorized representative at his office at 6 Strand Road, Fairley Ware
house Kolkata – 740001 in this regard. Non-compliance of the same will in no
way relieve the successful bidder of any of his obligations in performing the
work in accordance with this Bid Document within the quoted price.

10.VALIDITY: The tender shall remain open for acceptance for a period of 120
days from the date of opening of techno-commercial bid. If before expiry of
this validity period, the Bidder amends his quoted rates or tender, making
them unacceptable to the SMPA Board and / or withdraws his tender, the
Earnest Money deposited shall be liable to forfeiture at the option of the SMPA
Board / sanctioning Authority.

11.NON- RESPONSIVE BIDDER :- As per tender Document.

12.EARNEST MONEY AND SECURITY DEPOSIT : As per tender Document.

13.Performance Guarantee : Not Applicable.

14.In the event of the successful bidder failing to execute the order within the
stipulated delivery period without sufficient reasons acceptable to the SMPA
Board, the Security Deposit may be forfeited and the order be cancelled at
the option of the SMPA Board’ apart from other actions.

15.PRICES: As per BOQ given in the tender document.

16.The bidder shall quote his price as per the Bill of Quantities in the Price bid

17.Orders may be placed in full/part to the selected bidder.

18.Price(s) to be quoted should remain firm over the contract period.

19.The prices quoted shall be including all statutory levies excluding GST,
which shall be paid extra.

20.EVALUATION CRITERIA: As per relevant clause of Tender document.

21.PAYMENT: As per Tender document.

22.Location: As per Tender document.

23.Time of Completion: As per Tender document.

24.Work is to be carried out as per terms & condition of the contract document.

25.Price adjustment clause: As per Tender document.

26.Technical capacity: As stipulated in Tender document.

27.Financial capacity: As stipulated in Tender document.

28.The bidder may offer a Bank Guarantee in the SMPA Board’ specified pro-
forma from any Scheduled/ Nationalized Bank of India having Branch at
Kolkata in lieu of Earnest Money /Security Deposit beyond Rupees 10 (Ten)
lakhs.

29.Besides the above conditions all other conditions as stated in the NIT, BOQ,
Special Conditions of Contract, Instruction to the tenderers, G.C.C. shall have
to be agreed by the Bidders.

30. Address for communication and physical submission of Tender Cost

instrument.

SYAMA PRASAD MOOKERJEE PORT, KOLKATA

Office of the Chief Engineer,
6 Strand Road, Kolkata - 740001
 ANNEXURE-C

Syama Prasad Mookerjee Port, Kolkata

CIVIL ENGINEERING DEPARTMENT
6 Strand Road, Kolkata – 740001

NIT No.: SMPK/KDS/CIV/T/2892/74 dated 17.09.2024

TECHNO COMMERCIAL BID

********
श्यामाप्रसाद मुखर्जी पोर्ट , कोलकाता के पोर्ट लैंड पाकट आवासीय कॉलोनी में एक
क्लब कॉम्प्लेक्स के ववकास के वलए योर्जना, वडर्जाइन, वववरण, वित्र तै यार करने और
वववरण अनुमान को कवर करने वाली तकनीकी सेवाएं ।

Technical services covering planning, designing, detailing,

preparation of drawings and detail estimation for development of a
club complex at Portland Park Residential Colony of Syamaprasad
Mookerjee Port, Kolkata.

********
 SHORT TENDER NOTICE
Limited manual tender is invited from empanelled Architectural firms (Category
C) for the following work at Syama Prasad Mookerjee Port, Kolkata.

Name of work : Technical services covering planning, designing,

कायट का िाम detailing, preparation of drawings and detail
estimation for development of a club complex at
Portland Park Residential Colony of Syamaprasad
Mookerjee Port, Kolkata.
NIT No : SMPK/KDS/CIV/T/2892/74 dated 17.09.2024
निनिदा संख्या

Estimated Cost of the : Not Applicable.

Project. परियोजना की
अनम
ु ाननत लागत

Time of Completion : 60 Days

समापन का समय

EMD (Earnest Money : Not applicable for this tender .

Deposit)
बयािा रानि

Period of Download of : 18.09.2024 to 17.10.2024 (Upto 14:00 HRS.)

e-Tender (Both Days (Bid document will be available on SMPK website).
Inclusive) पार्टियों को डाउनलोड
करने के र्लए उपलब्ध एनआईटी की र्िर्ि

Date and Time for pre- : 27.09.2024 at 11:00 hrs at the office of Chief Engineer.
bid meeting & site Hybrid mode through link:-
visit Date: 27.09.2024.,11:00 - 12:00 (IST)
Meeting link:
प्री-नबड मीनर्ं ग की तारीख
https://teams.live.com/meet/9547172869302?p=biO8
और समय iGW6oKB9WppnD6

Meeting ID: 954 717 286 930 2 Passcode: UghZz2

Last date of : Submission upto 17.10.2024 Up to 15:00 hrs.
submission of tender
and opening of the Opening on 18.10.2024 after 15:00 hrs. (Only
tender. Techno Commercial Part)
निनिदा र्जमा करिे और
निनिदा खोलिे की अंनतम
नतनि
Cost of Tender : ` 2950/- (Rupees Two Thousand Nine Hundred
Document fifty only)
(Non-refundable)
निनिदा दस्तािेर्ज िु ल्क
)अप्रनतदे य(
 INSTRUCTIONS TO BIDDER

NIT NO : SMPK/KDS/CIV/T/2892/74 dated 17.09.2024

1.0 GENERAL

The work as described in the tender shall be executed in the proposed location
near Surinam Ghat of SMPK outside N S Docks and in accordance with the
attached General Conditions of Contract, Special Conditions of Contract.
2.0 Details of cost of e-tender paper Deposit remitted should be entered by the
participating vendor/Consultant in the space provided in the e-tender as indicated
hereunder:
a) Name of remitting vendor/Consultant
b) Tender No.
c) Amount remitted
d) Date of remittance
e) Bank Draft / Cheque No.

Tender submitted without requisite Earnest Money and cost of tender paper
will be liable for rejection , if the bidder is not exempted otherwise.

3.0 MODE OF SUBMISSION OF BID :

3.1 All bidders must submit their offers physically in accordance with the terms
and conditions set out in the bid documents and no deviation will be accepted.
3.2 Cover-I Bid shall contain the following:
(i) Envelope- I :-
a) BC / DD/ Pay order etc. regarding Cost of Tender document or exemption
document thereof.
b) Self-declaration of the bidder that the Bidding Firm has Not been debarred
/ de-listed by any Govt / Quasi Govt. / Public Sector undertaking in India(to
be mentioned in the letter head of the Firm).
c) Self-declaration regarding the proprietor/partner(s)/authorized signatory of
the bidding firm (in the case of proprietorship firm /partnership firm /limited
company, as the case may be) is/are not associated with any other firm
bidding for the same work (to be mentioned in the letter head of the Firm).
d) Undertaking of the tenderer to be submitted as per enclosed Pro-forma
(Annexure –D-1) in lieu of submission of signed copies of the full Tender
document, G.C.C, addenda & corrigendum in the letter head of the Firm.
 (ii) Envelope- II:- Techno-commercial bid containing :-
a) Concept Design.
b) Block Cost Estimate
(iii) Envelope- III:- Price bid ONLY.
Important Note For Bidders:- All the above envelopes shall be duly sealed
(not stapled) and properly superscribed with the NIT No., Name Of Work
and Name of the Bidding Firm / Consultant and shall be put together in a
bigger envelope duly sealed and superscribed with the NIT No., Name Of
Work and Name of the Bidding Firm / Consultant for submission within the
due date and time.
N. B.-1 The bidder will have to produce the original documents or any
additional documents, if asked for, to satisfy the Authorities for
clarification of his documents or credibility.

N.B.-2 Even though the bidders meet the above qualifying criteria, they
are subject to be disqualified if they have made misleading or false
representations in the forms, statements and attachments submitted in
proof of the qualification requirements and their Empanelment will be
forfeited for such action including debarment from participation in
tendering of SMPK for a period of 03(three) years from date of intimation.

4.0 SECURITY DEPOSIT:-

For the successful Bidder, the Standing Earnest Money deposit will be
considered as Security Deposit till successful completion of the subject
contract and the bidder if wishes to participate in subsequent bids
invited by SMPK , shall have to furnish required amounts as Bid Security
/ Performance Security.

The standing SD shall be forfeited for non-performance of the

contractual obligations for the subject work.

5.0 VALIDITY OF OFFER:-

The tender shall remain valid for a period of 120 days from the date of
opening the same. If before expiry of this validity period, the Bidder
amends his quoted rates or tender, making them unacceptable to the
SMPA Board and / or withdraws his tender, the Standing Security Deposit
shall be liable to forfeiture at the option of the SMPA Board/ Sanctioning
Authority/Engineer.

6.0 DETAILED SCRUTINY OF E-TENDERS :

During techno-Commercial Evaluation, i.e. evaluation of Part-I of tender, an

offer shall be considered non-responsive in case it:-

(i) is not accompanied by requisite Tender paper cost/NSIC /MSME

Registration certificate.
 (ii) validity of the offer is less than tender stipulation,

(iii)The bidder submits conditional offer / impose own terms and conditions
/ does not accept tender conditions completely/offer or tender if
submitted with any deviation from the tender terms & conditions.

(iv) A bidder may be disqualified if the firm has record of

unsatisfactory performance during the last seven years, such as
abandoning of work or rescinding of contract for which the reasons are
attributable to the non-performance of the Consultant or inordinate
delays in completion or financial bankruptcy etc.

The decision of Syama Prasad Mookerjee Port, Kolkata in this regard shall be
final and binding on the Bidder.

7.0 For Micro & Small Enterprises (MSEs) registered with NSIC & or MSME:-

a) Micro & Small Enterprises (MSEs) registered with NSIC (under single
point registration scheme) or MSME are exempted from depositing Cost
of Tender Document and Earnest Money provided they are registered
for the category of work conforming to the PQ criteria of NIT.

b) If Micro & Small Enterprises (MSEs) registered with NSIC or MSME intends
to participate in the tender, for the items they are not registered with
NSIC, then they will have to deposit cost of Tender Document, full
amount of Earnest Money as per NIT. Otherwise their offer will not be
considered.

c) Copy of valid NSIC Certificate for MSEs has to be submitted along with
bid.

8.0 EVALUATION CRITERIA:-

An offer shall be evaluated on a scale of 100 Points as detailed below :-

Weightage for Bid Concept Design :- 40 %

Weightage for Block Cost :- 30 %

Weightage for Price Bid:- 30 %

Bidders Concept Block Block Cost Fees Fees Quoted Total Weighted Score
Design Cost (In ` Score (In a Quoted Score (In a (Rounded to two
Score In a Cr, Say) Scale 1-10) [ (In ` Lakh Scale 1-10) [ decimals)
Scale 1-10) [ Weightage= , Say) Weightage 30
40 % 30%] %]
weightage]
Bidder-1 8 7 = 7/ 7 10 10 = 10/10 10 =0.4X8+0.3X 9.2
X 10 X 10 10+0.3X10=

Bidder-2 6 7.75 = 7/ 9.03 15 = 10/15 6.67 =0.4X6+0.3X 7.11

7.75 X X 10 9.03+0.3X6.6
10 7=

Bidder-3 7 7.5 = 7/ 9.33 17 =10/17 5.88 =0.4X7.5+0.3 7.56

7.5 X X 10 X9.33+0.3X5.
10 88=

So Bidder- 1 will be selected with overall highest score.

There is no cut off /qualifying criteria in any part of the bid and the bid
will be evaluated on overall basis.

In case there is a tie in the scores , the bidder with lower price quoted will be preferred.

11.0 ACCEPTANCE OF TENDER: -

a) Syama Prasad Mookerjee Port, Kolkata reserves the right to accept /

reject any / all offer(s) without assigning any reason thereof and also
reserve the right to accept the tender in part or as a whole.

b) Any attempt to exercise undue influence in the matter of acceptance of

Tender is strictly prohibited and any Tenderer who resorts to this will
render his tender liable to rejection.

c) The successful Tenderer will be notified in writing of the acceptance of

his tender. The “Tenderer” then becomes the “Consultant” and he shall
forthwith take steps to execute the Contract Agreement within the
stipulated time as specified in the Letter Of acceptance / Work Order and
fulfil all his obligations as required by the Contract.

12.0 MISCELLANEOUS: -

a) Bidder shall submit his offer for complete scope of work, strictly in
accordance with the tender documents. Any deviation from the tender
documents and / or any incomplete tender shall not be considered.

b) The bidder shall not impose his own terms & conditions in his offer or
quote his rates based on his own terms and conditions, such tender are
liable to rejection at the option of the SMPA Board without further
reference to the bidder.

c) All measuring units are in Metric System and rates and sums in the
tender are in Indian Currency. The language used throughout shall be in
English.
d) The Tender Documents with all the enclosures, appendices, Abstract
Form of Tender and Form of Tender shall be required to be complete,
duly filled in and signed and submitted.

e) Enlisted/registered Consultant of SMPK will get the benefit of exemption

of deposition of Earnest Money up to the prescribed limit. They are to
submit copy of the original T.R. issued to them by SMPK during
registration to SMPK / Copy of Original BC , DD submitted towards
Permanent Security Deposit.

f) The Bidder shall give a declaration about the names of their relations
employed in Syama Prasad Mookerjee Port, Kolkata. It is not the
intention to debar the Consultants from working if their relatives are
working in SMPK, but such a declaration is necessary in the interest of
SMPA Board against any possible lapses.

*****************************************
 TERMS OF REFERENCE

1. LOCATION

PORTLAND PARK RESIDENTIAL COLONY OF SMPK on Diamond Harbour Road ,

between Burdwan Road and Raja Santosh Roy Road.

Plot Area = 5360 Sq.Mtr

Site plan attached.

2. PROPOSED ACTIVITIES

1) BANQUET HALL –(Number 1) with 150 person capacity

2) BANQUET HALL- (Number 2) with 250 person capacity
3) BANQUET HALL- (Number 3) with 500 person capacity
4) 5-6 GUEST ROOMS
5) CAFÉ
6) INDOOR SPORTS AREA

3. SCOPE OF WORK

The successful bidder shall be required to visit the site, do reconnaissance as well as
detail inspection and survey of the site of work including adjoining areas so as to
execute and complete the work in all respect as required under this scope including
all ancillary and appurtenant works required for execution of the work proper. The
scope of work shall include:-

i Concept Landscape and Master Plan design.

ii Detailed Architecture Construction Drawings (GFC’s)
iii Detailed Structure Construction Drawings (GFC’s)
iv Detailed MEP (high end) Construction Drawings (GFC’s) (including PHE,
Firefighting, Electrical & HVAC)
v Detailed Landscape Drawings (GFC’s)
vi Walkthrough & 3D views
vii Detailed Estimate and BOQ
viii Detailed Illumination and Signage for development and Construction
Drawings
All the drawings shall be provided in editable .dwg format as well as two hard copies.

All the works shall be as per extant and relevant Indian Standard Code Of Practice
applicable for such type of works and National Building Code Of India.

Estimate shall be provided in editable .xls or .xlsx format as well as two hard copies.

The estimate must be based on Govt. of W.B PWD SOR / CPWD SOR. In case a rate
is not available in SORs as above , the following procedure shall be adopted :-
(i) The rate of payment of work involving labour & material shall be fixed on the
following basis.
a) Cost of materials consumed including transport and wastage, plus
b) Cost of labour actually engaged in the works, plus
c) Taxes and Duties as applicable, plus
d) 16 % on the aggregate of (a) and (b) towards overhead, profit and cess.

(ii) For any work involving only labour, rate of payment shall be fixed on cost of labour
actually engaged in the work plus 11 % towards profit and cess.

(iii) For only supply of any material at site, rate of payment shall be fixed on actual
cost of material plus transport, loading & unloading (if any) plus 11 % towards profit
and cess.

4. TIME OF COMPLETION:-

A total time of 60 days shall be given from the date of work order including preliminary
works to complete the assignment.

5. LABOUR, TOOLS & PLANTS:-

The Consultant shall supply all necessary labour, tools and plants required for
satisfactory execution of the work.

6. ESCALATION / VARIATION ON PRICES: -

No Escalation / Variation on the prices on any account will be considered for

adjustment / payment.

7. CONTRACT LABOUR LAWS:-

The Consultant shall be required to comply with all the applicable labour acts, rules
and statutes statuary amendments and the modifications thereof, any other laws
relating thereto and the rules made there under from time to time. It will be the duty
of the Consultant to abide by the provisions of the Act. Ordinances, Rules, Regulations,
Byelaws and Procedures as are lawfully necessary in the execution of the works. The
Consultant shall be deemed to keep the Engineer indemnified against all penalties and
liabilities of any kind for noncompliance or infringement of such Acts, Ordinances,
Rules, Regulations By-laws and Procedures.

8. TAXES & DUTIES: -

The prices quoted shall be including all statutory levies excluding GST, which shall be
reimbursed at actuals.

9. SETTLEMENT OF DISPUTES:

If a dispute of any kind whatsoever arises between the Employer and the Consultant
in connection with or arising out of the contract or the execution of the works, the
same shall be dealt as per relevant provisions of the General Conditions of Contract.
Jurisdiction shall be Calcutta High Court for legal disputes.
10. CONSULTANT TO EXECUTE CONTRACT AGREEMENT:

The bidder after acceptance of his tender shall be required to enter into and execute
a Contract Agreement to be prepared in the form annexed to the General Conditions
of Contract together with such modifications as may be necessary within one month
from the date of placement of the order. Without contract execution, no payment shall
be released.

11. CLARIFICATION OF BIDS:

To assist in the examination and comparison of Tenders, the Employer may, at his
discretion, ask any Tenderer for clarification of his Tender, including breakup/analysis
of unit rates. The request for clarification and the response shall be in writing, but no
change in the price or substance of the Tender shall be sought, offered, or permitted
except as required to conform the correction of arithmetic errors discovered by the
Employer in the evaluation of the Tenders. No Tenderer shall contact the Employer
on any matter relating to his Tender from the time of the Tender opening to the time
the contract is awarded. If the Tenderer wishes to bring additional information to the
notice of the Employer, he should do so in writing.

Any effort by the Tenderer to influence the Employer’s Tender evaluation, Tender
comparison or contract award decisions, may result in the rejection of his Tender.
 ANNEXURE-D1

TENDER NO:- SMPK/KDS/CIV/T/2892/74 dated 17.09.2024

[DOCUMENT TO BE DOWNLOADED, FILLED IN UNDER BIDDER’S LETTERHEAD,

SIGNED AND SUBMITTED]
Undertaking to be submitted in lieu of submitting signed copy of full tender
document

Ref. No………… Dated:

The Chief Engineer,

Syama Prasad Mookerjee Port, Kolkata,
6, Strand Road, KOL 740001
Dear Sir,

1. We, ………………………………………………………..(Name of Tenderer) have fully

read and understood the entire Tender Document, GCC, Corrigendum and Addenda, if
any, downloaded from under the instant tender and no other source, and will comply
to the said document, GCC, Corrigendum and Addenda.

We are submitting this undertaking in lieu of submission of signed copy of the

full tender documents GCC, Corrigendum and Addenda.

Yours faithfully,
Signature of Tenderer……………………………………………………………

Name: …………………………………………..
Designation: ……………………………………
Date : …………………………………………..
Seal of the tenderer…………………………….
 Syama Prasad Mookerjee Port, Kolkata
CIVIL ENGINEERING DEPARTMENT
6 Strand Road, Kolkata – 740001

PRICE BID

********
श्यामाप्रसाद मुखर्जी पोर्ट , कोलकाता के पोर्ट लैंड पाकट आवासीय कॉलोनी में एक
क्लब कॉम्प्लेक्स के ववकास के वलए योर्जना, वडर्जाइन, वववरण, वित्र तै यार करने और
वववरण अनुमान को कवर करने वाली तकनीकी सेवाएं ।

Technical services covering planning, designing, detailing,

preparation of drawings and detail estimation for development of a
club complex at Portland Park Residential Colony of Syamaprasad
Mookerjee Port, Kolkata.

********

Civil Engineering Department

SYAMA PRASAD MOOKERJEE PORT, KOLKATA

TENDER NO:- SMPK/KDS/CIV/T/2892/74

dated 17.09.2024
 Syama Prasad Mookerjee Port, Kolkata
CIVIL ENGINEERING DEPARTMENT
PREAMBLE TO THE BILL OF QUANTITIES

i. The Bill of Quantities must be read with the other parts of the tender by the bidder to
familiarise himself with the total scope of work and its mode of execution.
ii. The quantities given in the Bill of Quantities are approximate only and are given to provide a
common basis for tendering. Payment will be made according to the quantities of each item of
work actually carried out at the accepted rates as per Order Letter. The measurements of each
item of work shall be measured jointly by the Engineer or his Representative.
iii. General direction and description of work or materials given elsewhere in the contract
documents are not necessarily repeated in the description of items in the Bill of Quantities.
iv. The prices and rates entered by the Consultant in the Bill of Quantities shall be deemed to
cover the complete and finished work, inter-alia, all costs and expenses which may be required
for successful completion of the works together with all risks, liabilities, contingencies,
insurance, octroi, royalties, taxes and obligations imposed or implied by the Consultant.
v. Where separate items such mobilisation, demobilisation, temporary works etc., have not been
provided in the Bill of Quantities for works required under the Contract, then the cost of such
works shall be deemed to have been included in the prices and rates of other items.
vi. Without affecting the generality of the foregoing provisions, the prices and rates entered in the
Bill of Quantities by the Consultant shall include inter-alia, all costs and expenses involved in
or arising out the followings:-
vii. The provision, storage, transport, handling, use distribution and maintenance of all materials,
plans, equipment machineries and tools including all costs, charges dues demurrages or other
outlays involved in the transportation.
viii. The provision and maintenance of all his staff and labours and their payments, accommodation,
transport, taxes and other requirements.
ix. Setting out including the location and preservation of survey markers, measurement and
supervision.
x. The provision, storage, transport, use handling, distribution and maintenance of consumable
stores, fuel, water and electricity.
xi. All First Aid, Welfare and safety requirements.
xii. Damage caused to the works, plants, materials and consumables stores caused by weather.
xiii. Licence, fees and other charges for compliance of Government Acts and Rules that are inforce
and applicable.
xiv. The Consultant should be held responsible for the safe custody of materials, machineries etc.
at site procured by him or issued to him by the SMPA Board.
 [NIT No:- SMPK/KDS/CIV/T/2892/74 dated 17.09.2024 ]

BILL OF QUANTITIES
Sl. No Description of Item Amount Quoted
(Rs P)
1 Technical services covering planning,
designing, detailing, preparation of
drawings and detail estimation for
development of a club complex at
Portland Park Residential Colony of
Syamaprasad Mookerjee Port, Kolkata.

TOTAL =
 NIT No:- SMPK/KDS/CIV/T/2892/74 dated 17.09.2024

THE BOARD OF SYAMAPRASAD MOOKERJEE PORT , KOLKATA

FORM OF TENDER

Chief Engineer
6 , Strand Road
Kolkata- 740001

I/We ..................................................................……………………………………....
of ......... ....................................................................................................………
having examined the site of works, inspected the Drawings and read the Specifications, General &
Special Conditions of Contract and Conditions of Tender, hereby tender and undertake to execute
and complete all the works required to be performed in accordance with the Specification, Bill of
Quantities, General & Special Conditions of Contract and Drawings prepared by or on behalf of SMPK
and at the rates & prices set out in the annexed Bill of Quantities within 13 (Thirteen) Months
(including preliminary time) from the date of order to commence the work and in the event of our
tender being accepted in full or in part, I/We also undertake to enter into a Contract Agreement in
the Form hereto annexed with such alterations or additions there to which may be necessary to give
effect to the acceptance of the Tender and incorporating such specification, Bill of Quantities,
Drawings and Special & General Conditions of Contract and I/We hereby agree that until such
Contract Agreement is executed the said Specifications, Bill of Quantities, Conditions of Contract and
the Tender, together with the acceptance thereof in writing by or on behalf of SMPK shall be the
contract.

THE TOTAL AMOUNT OF TENDER Rs. .................................................... …………………………………

(Rupees in words)...........................................................................................................................
..............................................................................................................................
I/We require ................................................................ days preliminary time to arrange and procure
the materials required by the work from date of acceptance of tender before I/We could commence
the work.
I/We have deposited with KOLKATA PORT TRUST, a sum of .................................vide Pay
Order/Demand Draft No......................dt..................of...................................................(name of Bank)
as Earnest Money.
I/We agree that the period for which the tender shall remain open for acceptance shall not be less
than four months.

Signature of Tenderer

(Seal of the Tenderer)

Witness :- Name of Tenderer :-
Signature :- Dated :-

Name :- Address :-
Address :-
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GCC

1.0 GENERAL CONDITIONS OF CONTRACT

1.1 General Provisions
1.1 .1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the
following meanings:
(a) "Employer" means Board of Trustees of Kolkata Port Infrastructure Development Limited, a wholly

construct, operate, build, develop and maintain port related infrastructure including but not limited to rail,
road, air, sea, river, streams, waterways, over and under bridges, civil and other infrastructures,
accommodation and conveyance along with other related facilities.
(b) "Applicable Law" means the laws and any other instruments having the force of law in India, as they
may be issued and in force from time to time;
(c) "Contract" means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in letter of award;
(d) "Effective Date" means the date on which this Contract comes into force.
(e) "Foreign Currency" means currency in US Dollars or the currency of the home country of Consultant;
(f) "GC" means these General Conditions of Contract;
(g) "Government" means the Government of India;
(h) "Local Currency" means Indian Rupees;
(i) "Member", in case the Consultants consist of a joint venture of more than one entity, means any of these
entities, and "Members" means all of these entities;
-consultant as employees and
assigned to the performance of the Services or any part thereof;
"Foreign Personnel" means such persons who at the time of being so hired had their domicile outside India;
"Local Personnel" means such persons who at the time of being so hired had their domicile inside India;
and "Key Personnel" means the personnel referred to the in General Condition
(k) "Party" means the Employer or the Consultants, as the case may be, and Parties means both of them;
(l) "Services" means the work to be performed by the Consultants pursuant to this Contract for the
purposes of the Project.
(m) "Sub-consultant" means any entity to which the Consultants subcontract any part or the Services in
accordance with the provisions of General Condition.
(n) "Third Party" means any person or entity other than the Government, the Employer, the Consultants or
a Sub-consultant.
(o) "Contract Sums" means gross amounts of consultant's original proposal in Indian Rupees with tax,
duties, fees and other imposition inclusive of all cost, all types of subsoil investigation and environmental
monitoring works if any.
(p) "Approved / approval" means the approval in writing.
1.1.2 Relations between the Parties
Nothing contained herein shall be construed as establishing a relation or master and servant or of agent
and principal as between the Employer and the Consultants. The Consultants, subject to this contract, have
complete charge of Personnel performing the Services and shall be fully responsible for the services
performed by them or on their behalf hereunder.
1.1.3 Law Governing the Contract

Syama Prasad Mookerjee Port, Kolkata

(An Autonomous Body Under The Ministry Of Ports, Shipping and Waterways Government Of India)
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This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the
Applicable Law in India.
1.1.4 Language
This Contract has been executed in the language English, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this contract.
1.1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.1.6 Notices
1.1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract
shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when
delivered in person to an authorised representative of the party to whom the communication is addressed,
or when sent by registered mail, telex, telegram or facsimile to such Party at the address given in the
proposal document for issue of proposal document.
1.1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.
1.1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of such
change pursuant to the provisions listed in General Condition
1.1.7 Location
The Services shall be performed at such locations are specified in tender and, where the location of a
particular task is not so specified, at such locations, whether in India or elsewhere, as the Employer may
approve.
1.1.8 Authorized Representatives
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 authorized
representative specified in bid document.
1.1.9 Taxes and Duties
The Consultants and their personnel (domestic consultant/personnel and foreign consultant/personnel)
shall pay the taxes, custom duties, fees, levies and other impositions levied under the existing, amended or
enacted laws during life of this Contract and the Employer shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.
1.2 Commencement, Completion, Modification and Termination of Contract
1.2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date of the Employer's notice to the Consultants
instructing the Consultants to begin carrying out the Services. This notice shall constitute agreement
between Employer and the consultant till formal agreement has been signed.
1.2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within three months or such other time period as the party may
agree in writing after date of the Contract signed by the Parties, either Party may, by not less than four (4)
weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such
declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.
1.2.3 Commencement of Services
The Consultants shall begin carrying out the Services within 15 days. The completion period of this
assignment is as per the time line mentioned in tender document.

Syama Prasad Mookerjee Port, Kolkata

(An Autonomous Body Under The Ministry Of Ports, Shipping and Waterways Government Of India)
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1.2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause General Condition 1.2.9 hereof, this Contract shall expire
when services have been completed and confirm by the Employer by issuing completion certificate at the
end of six months.
1.2.5 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 by or be liable for,
any statement, representation, promise or agreement not set forth herein.
1.2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of the scope of the
Services, may only be made by written agreement between the Parties.
Pursuant to Clause General Condition 1.7.2 hereof, however, each Party shall give due consideration to
any proposals for modification made by the other Party.
1.2.7 Force Majeure
1.2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable
control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited
to, war, riots, civil disorder, earthquake, fire explosion, storm, flood or other adverse weather conditions,
strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are
within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by
government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a
Party or such Party's sub-consultants or agents or employees, nor
(ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at
the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations
hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any payment required
hereunder.
1.2.7.2 No Breach of Contract
The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or
default under, this Contract insofar as such inability arises from any event of Force Majeure, provided that
the Party affected by such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
1.2.7.3 Measures to be taken
(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such
Party's inability to fulfill its obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as
possible, and in any event not later than 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.
(c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force
Majeure.
1.2.7.4 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be
extended for a period equal to the time during which such Party was unable to perform such action as a
result of Force Majeure.
1.2.7.6 Consultation

Syama Prasad Mookerjee Port, Kolkata

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Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have
become unable to perform a material portion of the Services, the Parties shall consult with each other with
a view to agreeing on appropriate measures to be taken in the circumstances.
1.2.8 Suspension
The Employer may, be written notice 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 carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of
the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.
1.2.9 Termination
1.2.9.1 By the Employer
The Employer may, by not less than thirty (30) days written notice of termination to the Consultants for the
occurrence of any of the events specified hereunder of this Clause General Condition 1.2.9.1, terminate
this Contract.
(a) If the Consultants fail to remedy a failure in the performance of their obligations hereunder, as specified
in a notice of suspension pursuant to Clause General Condition 1.2.8 hereinabove, within thirty (30) days of
receipt of such notice of suspension or within such further period as the Employer may have subsequently
approved in writing:
(b) If the Consultants become (or, if the Consultants consist of more than one entity, if any of their Members
becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take
advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or
voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings
pursuant to General Condition hereof;
(d) If the Consultants submit to the Employer a statement which has a material effect on the rights,
obligations or interests of the Employer and which the Consultants know to be false.
(e) if, as a result of Force Majeure, the Consultants are unable to perform a material portion of the Services
for a period of not less than sixty (60) days; or
(f) If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate this contract.
(g) If the Consultant, in the judgment of the Employer has engaged in corrupt or fraudulent practices in
competing for or in executing the contract.
For the purpose of this clause:
"Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the selection process or in contract execution.
"Fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the
execution of a Contract to the detriment of the borrower, and includes collusive practice among Consultants
(prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels
and to deprive the borrower of the benefits of free and open competition.
In case the contract is terminated, the balance amount of advance fee if any, paid earlier shall be paid back
by the Consultant to Employer within thirty days of the termination letter, failing which the same shall be
recovered by encashing the existing Bank Guarantee submitted by Consultant.
1 .2.9.2 By the Consultants
The Consultants may, by not less than thirty (30) days' written notice to the Employer, such notice to be
given after the occurrence of any of the events specified hereunder of this Clause General Condition
1.2.9.2, terminate this Contract;
(a) If the Employer fails to pay and money due to the Consultants pursuant to this Contract and not subject
to dispute pursuant to Clause 1.8 hereof within forty-five (45) days after receiving written notice from the
Consultants that such payment is overdue;

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(b) If the Employer is in material breach of its obligations pursuant to this Contract and has not remedied
the same within forty-five (45) days (or such longer period as the Consultants may have subsequently
approved in writing) following the receipt by the Employer of the Consultants notice specifying such breach;
(c) If, as the result of Force Majeure, the Consultants are unable to perform a material portion of the
Services for a period of not less than sixty (60) days; or
(d) If the Employer fails to comply with any final decision reached as a result of arbitration pursuant to
Clause General Condition 1.8 hereof.
1.2.9.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clause General Condition 1.2.2 or General Condition 1.2.9
hereof, or upon expiration of this Contract pursuant to Clause General Condition 1.2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except;
i) Such rights and obligations as may have accrued on the date of termination or expiration;
ii) The obligation of confidentiality set forth in Clause General Condition 1.3.3 hereof;
iii) Any right which a Party may have under the Applicable Law.

1.2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses General
Condition 1.2.9.1 or General Condition 1.2.9.2 hereof, the Consultants shall, immediately upon dispatch or
receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultants and equipment and materials furnished by the
Employer, the Consultants shall proceed as provided, respectively, by Clause General Condition 1.3.8 or
General Condition 1.3.9 hereof.
1.2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses General Condition 1.2.9.1 or General Condition
1.2.9.2 hereof, the Employer shall make the payments to the Consultants provided after offsetting against
these payments any amount that may be done from the Consultant:
i) Remuneration pursuant to Clause General Condition 1.6 hereof for Services satisfactorily performed prior
to the effective date of termination;
ii) Reimbursable expenditures pursuant to Clause General Condition 1.6 hereof for expenditures actually
incurred prior to the effective date of termination; and
iii) Except in the case of termination pursuant to paragraphs (a) through (g) of Clause General Condition
1.2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the
Contract including the cost of the return travel of the Consultants' personnel and their eligible dependents.
1.2.9.6 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (g) of Clause General
Condition 1.2.9.1 or in Clause 1.2.9.2 hereof has occurred, such Party may, within forty-five (45) days after
receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause
General Condition 1.8 hereof, and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.
1.3. Obligations of the Consultants
1.3.1 General
1.3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence,
efficiency and economy, in accordance with generally accepted professional techniques and practices, and
shall observe sound management practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any
matter relating to this Contract or to the Services, as faithful advisers to the Employer, and shall at all times

Syama Prasad Mookerjee Port, Kolkata

(An Autonomous Body Under The Ministry Of Ports, Shipping and Waterways Government Of India)
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support and safeguard the Employer's legitimate interest in any dealings with sub-consultants or Third
Parties.
1.3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law and shall take all
practicable steps to ensure that any sub-consultants, as well as the Personnel and agents of the
Consultants and any sub-consultants, comply with the Applicable Law. The Employer shall advise the
Consultants in writing of relevant local customs and the Consultants shall, after such notifications respect
such customs.
1.3.2 Conflict of Interests
1.3.2.1 Consultants not to Benefit from Commissions, Discounts etc.
The remuneration of the Consultants pursuant to Clause General Condition 1.6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and, the Consultants shall
not accept for their own benefit any trade commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and
the Consultants shall use their best efforts to ensure that any sub-consultants, as well as the Personnel and
agents of either of them, similarly shall not receive any such additional remuneration.
1.3.2.2 Procurement Rules of the Employer
If the Consultant as part of the Services, have the responsibility of advising the Employer on the
procurement of goods, works or services, the Consultants shall comply with any applicable procurement
guidelines of the Employer or the agencies funding such procurement and shall at all times exercise such
responsibility in the best interest of the Employer. Any discounts or commissions obtained by the
Consultants in the exercise of such procurement responsibility shall be for the account of the Employer.
1.3.2.3 Consultants and Affiliates not to engage in certain 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.
1.3.2.4 Prohibition of Conflicting Activities:
Neither the Consultants nor their sub-consultants nor the Personnel of either of them shall engage, either
directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in India which would conflict with
the activities assigned to them under this Contract; or
(b) after the termination of this Contract, such other activities objectionable to Employer.
1.3.3 Confidentially
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.
1.3.4 Liability of the Consultants

misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to damage caused by the

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

(ii) For any direct loss or damage that exceeds (A) the total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the Consultants hereunder, or (B) the
proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultants to
cover such a liability, whichever of (A) or (B) is higher.

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caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the
Services.
1.3.5 Insurance to be Taken Out by the Consultants.
The Consultants (i) shall take out and maintain, and shall cause any sub-consultants to take out 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 mentioned below, and (ii) at the Employer's
request, shall provide evidence to the Employer showing that such insurance has been paid. The risks and
the coverage shall be as follows:
(a) Third Party Motor Vehicle Liability Insurance as required under extant Motor Vehicles Act in respect of
motor vehicles operated in India by the Consultants or their Personnel or any Sub-consultants or their
Personnel for the period of Consultancy.
(b) Third Party Liability Insurance with a minimum coverage for Rs. 5 lakh for the period of consultancy.
e in respect of the Personnel of the
Consultants and of any Sub-consultant, in accordance with the relevant provisions of the Applicable Law,
as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may
be appropriate; and
(d) Insurance against loss of or damage to:
(i) Equipment purchased in whole or in part with funds provided under this Contract,

(iii) Any documents prepared by the Consultants in the performance of the Services.

actions:
(a) Appointing such members of -

(b) entering into a subcontract for the performance of any part of the Services, it being understood (i) that
the selection of the sub-consultant and the terms and conditions of the subcontract shall have been
approved in writing by the Employer prior to the execution of the subcontract, and (ii) that the Consultants
shall remain fully liable for the performance of the Services by the sub-consultant and its Personnel
pursuant to this Contract;
(c) any other action objectionable to the Employer.
1.3.7 Reporting Obligations
The Consultants shall submit to the Employer the reports and documents specified in tender, in the
numbers and within the time periods set forth in the said clauses.
1.3.8 Documents Prepared by the Consultants to be the Property of Employer All plans, drawings,
specifications, designs, reports and other documents prepared by the Consultants in performing the
Services shall become and remain the property of the Employer, and the Consultants shall, not later than
upon termination or expiration of this Contract, deliver all such documents to the Client, together with a
detailed inventory thereof. The Consultants may retain a copy of such documents. The Consultants shall
not use these documents for purposes unrelated to this Contract without the prior written approval of the
Employer.
1.3.9 Equipment and Materials Furnished by the Employer
Equipment and materials made available to the Consultants by the Employer, or purchased by the
Consultants with funds provided by the Employer, shall be the property of the Employer and shall be
marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to
the Employer an inventory of such equipment and materials and shall dispose of such equipment and

materials, the Consultants, unless otherwise instructed by the Employer in writing, shall insure them in an
amount equal to their full replacement value.
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1.4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel as are required to
carry out the Services.
1.4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualification and estimated periods of engagement in the

Key Personnel has already been approved by the clients his/her name is listed as well.
(b) If required to comply with the provisions of Clause General Condition 1.3.1.1 of this Contract,
adjustments with respect to the estimated periods of engagement of Key Personnel set forth in tender may
be made by the Consultants by written notice to the Employer, provided that such adjustments shall not
alter the originally estimated period of engagement of any individual by more than 10% or one week,
whichever is larger.
(c) If additional work is required beyond the Terms of reference specified, the estimated periods of
engagement of Key Personnel set forth may be increased by agreement in writing between the Employer
and the Consultants.

1.4.3 Approval of Personnel

The Key Personnel and Sub-consultants listed by title as well as by name are hereby approved by the
Employer. In respect of other Key Personnel which the Consultants propose to use in the carrying out of
the Services, the Consultants shall submit to the Employer for review and approval a copy of their
biographical data. If the Employer does not object in writing (stating the reasons for the objection) within
twenty-one (21) calendar days from the date of receipt of such biographical data such Key Personnel shall
be deemed to have been approved by the Employer.
1.4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth as per tender document.
(b) The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation

Personnel shall be outside the staff-months of service set for in tender document. Any taking of leave by
Personnel on account of unforeseen circumstances shall be with prior approval of the Employer and the
Consultants shall ensure that absence for leave purposes will not delay the progress and adequate
supervision of the Services. Further, no fee shall be payable to the Consultant for such leave periods and
suitable deductions from the bills shall be made on this account.
1.4.5 Removal and/or Replacement of Personnel
(a) Except as the Employer may otherwise agree, no changes shall be made in the Key Personnel. If, for
any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the
Personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better
qualifications. The upper limit of substitution on account of various reasons including on health ground
should normally not exceed 25% of the total key personnel or as per the tender document.
(b) If the Employer (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 Employer
specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and
experience acceptable to the Employer.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures (including expenditures
due to the number of eligible dependents) the Consultants may wish to claim as a result of such
replacement, shall be subject to the prior written approval by the Employer. Except as the Employer may
otherwise agree, (i) the Consultants shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and (ii) the remuneration to be paid for any of the Personnel
provided as are placement shall not exceed the remuneration which would have been payable to the
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Personnel replaced. Further for Key Personnel replaced for the second time, the remuneration payable
shall not exceed 90% of the remuneration which would have been payable to the originally proposed Key
Personnel. Also, if the total replacement of Key Personnel exceeds 25%, the remuneration payable for Key
Personnel shall not exceed 90% of the remuneration which would have been payable to the originally
proposed Key Personnel or as per the tender conditions.
1.4.6 Resident Manager / Team Leader
The person designated as Team Leader in tender shall serve in that capacity. The Consultants shall ensure
that at all times during the Consultants performance of the Services in India a resident project manager,
acceptable to the Employer, shall take charge of the performance of such Services.
1.5. Obligations of the Employer
1.5.1 Assistance and Exemptions
The Employer shall use its best efforts to ensure that the Government shall:
(a) provide the Consultants, Sub-consultants and Personnel with work permits and such other 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 dependents to be provided promptly with all
supporting papers for necessary entry and exit visas, residence permits, exchange permits and any other
documents required for their stay in India;
(c) Facilitate prompt clearance through customs of any property required for the Services;
(d) 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;
(e) Assist the Consultants and the Personnel and any Sub-consultants employed by the Consultants for the
Services for any requirement to register or obtain any permit to practice their profession or to establish
themselves either individually or as a corporate entity according to the Applicable Law;
(f) grant to the Consultants, any Sub-consultant and the Personnel of either of them the privilege, pursuant
to the Applicable Law, of bringing into India reasonable amounts of foreign currency for the purposes of the
Services or for the personal 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
(g) Provide to the Consultants, Sub-consultants and Personnel any such other assistance as may be
required time to time.
1.5.2 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 tender at the times and in the
manner specified in said in tender, 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.
1.5.3 Payment
In consideration of the Services performed by the Consultants under this Contract, the Employer shall
make to the Consultants eligible payments and in such manner as is provided by Clause General Condition
1.6 of this Contract.
1.5.4 Counterpart Personnel
(a) If so provided in tender, counterpart personnel, the Employer shall make available to the Consultants,
as and when provided in such, and free of charge, such counterpart personnel to be selected by the
d in such at tender. 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.

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(b) If counterpart personnel are not provided by the Employer to the Consultants as and when specified in
tender, the Employer and the Consultants shall agree on how the affected part of the Services shall be
carried out.
1.6 Payments to the Consultants
1.6.1 Cost Estimates
The Employer shall pay the Consultant for normal Services in accordance with the Conditions and with the
details stated in tender of Financial Proposal, and shall pay for Additional Services if any ordered by the
Employer in writing at rates and prices which are given in or based on those in tender so far as they are
applicable but otherwise as agreed mutually.
1.6.2 Remuneration and Reimbursable Expenditures
It is understood that the fee quoted by Consultants cover (A) such salaries and allowances as the
Consultants shall have agreed to pay to the Personnel as well as factors for social charges and overhead,
and (B) the cost of back supporting by home office staff not included in the Personnel listed in tender and
-sharing, if any, and (E) all other expenditure
involved in providing the services as per the agreement which are not specifically stated herein above.
1.6.3 Currencies of Payment:
a) All payments by the Employer under this contract will be made only in Indian Rupees.
b) The Fee quoted by the Consultant shall be inclusive of but not limited to specific requirements, such as
on account of:
i) Expatriate staff employed directly on the work
ii) Social, insurance, medical and other charges relating to such expatriate staff and foreign travel
expenses;
iii) Depreciation and use of imported plant and equipment, including spare parts, required for the works
iv) Foreign insurance and freight charges for plant and equipment, including spare parts etc.
v) Overhead expenses, fees and financial charges arising outside India in connection with the works
1.6.4 Mode of Billing and Payment:
Billing and payments in respect of the Services shall be made as follows:-
(a) No advance payment shall be paid to the Consultant.
(b) As soon as practicable and not later than fifteen (15 days) after the end of each calendar month during
the period of the Services, the Consultants shall submit to the Employer, in duplicate, itemized statements
and other appropriate supporting materials, of the amounts payable pursuant to General Condition for such
month. The payment is as per Financial Proposal and shall become due and payable as and when the task
assigned in such stages completed in all respect.
(c) The payment for the interim running account bills (R.A. Bill) shall be made to the Consultant within 30
days of date of certification of the bill by the Employer. For the final bill, the payment shall be made within
45 days of the day of certification of the bill by the Employer provided that there should not be any disputed
item. If bills are in order and there are no disputed items, the bills shall be certified by the Employer within
seven working days of the receipt of the bill by the Employer. In case Employer feels the submitted bill is
not in line with the agreement, the same shall be returned to consultants promptly within seven days to
resubmit the bill in acceptable form or withdraw the bill if it is disputed or beyond the scope of agreement.
Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by
the Consultants, the Employer may add or subtract the difference from any subsequent payments.
(d) The final payment under this Clause shall be made only after the final report and a final statement,
identified as such, shall have been submitted by the Consultants and approved as satisfactory by the
Employer. The Services shall be deemed completed and finally accepted by the Employer and the final
report and final statement shall be deemed approved by the Employer as satisfactory forty five (45)
calendar days after receipt of the final report and final statement by the Employer unless the Employer,
within such forty five (45) day period, gives written notice to the Consultants specifying in detail deficiencies
in the Services, the final report or final statement. The Consultants shall thereupon promptly make any
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necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated.
Any amount which the Employer has paid or caused to be paid in accordance with this Clause in excess of
the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the
Consultants to the Employer within thirty (30) days after receipt by the Consultants of notice thereof. Any
such claim by the Employer for reimbursement must be made within twelve (12) calendar months after
receipt by the Employer of a final report and a final statement approved by the Employer in accordance with
the above.
1.7 Fairness and Good Faith
1.7.1 Good Faith

all reasonable measures to ensure the realization of the objectives of this Contract.

1.7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise
during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall
operate fairly as between them, and without detriment to the interest of either of them, and that, if during
the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use
their best efforts to agree on such action as may be necessary to remove the cause or causes of such
unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject
to arbitration in accordance with Clause 1.8 hereof.
1.8. Settlement of Disputes
1.8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this
Contract or the interpretation thereof.
1.8.2 Dispute Settlement
Disputes shall be settled by arbitration in accordance with the following provisions: All disputes in respect of
subject contract shall be settled by arbitration in accordance with the Arbitration and conciliation Act, 1996
or any statutory amendment thereof. The arbitral tribunal shall consist of 3 arbitrators, one each to be
appointed by the Employer and Project Management Consultant. The third Arbitrator shall be chosen by the
two Arbitrators so appointed by the parties and shall act as presiding Arbitrator. The language of Arbitration
shall be English.
Only questions and disputes as were raised during the execution of the work till its completion and not
thereafter shall be referred to arbitration. However, this would not apply to the questions and disputes
relating liabilities of the parties after completion of the work.
While invoking arbitration the contractor shall give a list of disputes with amounts in respect of each dispute
along with the notice for appointment of Arbitrator.
If the Consultant does not make any demand for appointment of Arbitrator in respect of any claims in
writing as aforesaid within 180 days of receiving the intimation from Engineer-in-Charge that final bill is
ready for payment, the claim of Consultant shall be deemed to have been waived and absolutely barred
and the Employer shall be discharged and absolved of all liabilities under the contract. It is also a term of
this contract that if any fees are payable to the Arbitrator these shall be paid equally by both parties. The
arbitration proceeding shall take place in Kolkata only. However, all disputes are subject to exclusive
jurisdiction of courts at Kolkata, only.
1.9. Liquidated damages:
1.9.1 Liquidated Damages for error/ variation:
In case any error or variation is detected in the reports submitted by the Consultant and such error or
variation is the result of negligence or lack of due diligence on the part of the Consultant, the consequential
damages thereof shall be quantified by the Authority in a reasonable manner and recovered from the
Consultant by way of deemed liquidated damages, subject to a maximum of 50% (fifty percent) of the
Agreement Value.

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1.9.2 Liquidated Damages for delay:

In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.2%
(zero point two percent) of the Agreement Value per day, subject to a maximum of 10% (ten percent) of the
Agreement Value will be imposed and shall be recovered by appropriation from the Performance Security
or otherwise. However, in case of delay due to reasons beyond the control of the Consultant, suitable
extension of time shall be granted without levying Liquidated Damages (LD).
1.9.3 Encashment & appropriation of Performance Security:
The Authority shall have the right to invoke and appropriate the proceeds of the Performance Security, in
whole or in part, without notice to the Consultant in the event of breach of this Agreement or for recovery of
Liquidated Damages specified in this Clause- 1.9.
1.9.4 Penalty for deficiency in Services:
In addition to the Liquidated Damages not amounting to penalty, as specified in Clause- 1.9, warning may
be issued to the Consultant for minor deficiencies on its part. In the case of significant deficiencies in
Services causing adverse effect on the project or on the reputation of the Authority, other penal action
including debarring for a specified period may also be initiated as per policy of the Authority. The time
period for the various stages of services as indicated in financial proposal.

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