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RFP for Project Management Consultant in Amaravati

Request for proposal to complete MLA housing at Amaravathi
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0% found this document useful (0 votes)
63 views247 pages

RFP for Project Management Consultant in Amaravati

Request for proposal to complete MLA housing at Amaravathi
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GOVERNMENT OF ANDHRA PRADESH

CAPITAL REGION DEVELOPMENT AUTHORITY

RFP for Engagement of Project Management Consultant(PMC) for “Completion of balance


works for Multi-Storied Quarters of 18 towers of (S+12) Floors Pattern for Hon’ble MLAs &
Hon’ble MLCs and All India Services officers, 71 Bungalows of (G+1) floors for Hon’ble Ministers
& Hon’ble Judges and 115 Bungalows of (G+1) floors for AIS Principal Secretaries and AIS
Secretaries and Completion of Balance works in External Infra Development for multi-storied
apartment quarters in 14 towers of (S+12) floors pattern buildings for Gazetted Officers Type-I
& Type-II and Group-D officials” in Amaravati Govt. Complex Village, Amaravati, Andhra
Pradesh including DLP of 2 Years.

RFP No: 66/MAU61-USI0HB(BG)/2/2025-HB Dated:28.07.2025

COMMISSIONER, AP CRDA, VIJAYAWADA, AP, INDIA 520002


ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY
LENIN CENTER, VIJAYAWADA-520 002

Page | 1
NOTICE INVITING TENDERS
(NIT)

RFP No: 66/MAU61-USI0HB(BG)/2/2025-HB Dated:28.07.2025

1. Department Name Andhra Pradesh Capital Region


:
Development Authority(APCRDA)
2. Tender Number RFP No.: 66/MAU61-USI0HB(BG)/2/2025-
:
HB Dated:28.07.2025
3. Link to AP E-Procurement Website [Link]
:

4. Tender Subject Name of Assignment :


: RFP for Engagement of Project
Management Consultant (PMC) for
“Completion of balance works for Multi-
Storied Quarters of 18 towers of (S+12)
Floors Pattern for Hon’ble MLAs & Hon’ble
MLCs and All India Services officers, 71
Bungalows of (G+1) floors for Hon’ble
Ministers & Hon’ble Judges and 115
Bungalows of (G+1) floors for AIS Principal
Secretaries and AIS Secretaries and
Completion of Balance works in External
Infra Development for multi-storied
apartment quarters in 14 towers of (S+12)
floors pattern buildings for Gazetted
Officers Type-I & Type-II and Group-D
officials” in Amaravati Govt. Complex
Village, Amaravati, Andhra Pradesh
including DLP of 2 Years.
5. Type of Selection : Quality & Cost Based Selection (80:20)
6. Tender Type : Online Tender

Page | 2
7. Contract Period : 18 Months from the date of agreement
8. Authority Commissioner, APCRDA, Vijayawada
:
(“herein after referred as Client/Authority”)
9. Bid Validity : 90days from the date of Bid submission
10. Bid Security (EMD) : INR 10 Lakhs. The payment shall be made by
way of NEFT/RTGS or by irrevocable bank
guarantee/ from any Govt. Banks/
Nationalized Banks/ Public Sector Banks/
Scheduled bank/ Insurance company or
Insurance Surety Bond approved by IRDAI in
the prescribed format with validity period of
180 days from the last date of bid submission
in favor of Andhra Pradesh Capital Region
Development Authority (APCRDA)
represented by its Commissioner.
Name of the Bank–Union Bank of India,
Account Number: 034310100081181
IFSC Code: UBIN0803430
Branch Address-Labbipet branch, Vijayawada,
Andhra Pradesh – 520010.
Beneficiary Name: Andhra Pradesh Capital
Region Development Authority (APCRDA)
11. BID processing fee (Non-refundable) INR 25,000 (online payment in e-procurement
portal)
:
12. APTS Transaction Fee (Non- INR 0.03% on the Total Cost + GST as
:
refundable) applicable.
13. Performance Security 5 (five) percent of winning contract value in
:
the form of Performance Bank Guarantee/
Insurance Surety Bond from a scheduled
commercial bank in India, valid till the
completion of the intended project including
the defect liability period

Page | 3
14. Schedule download start date& 30.07.2025
:
Time
15. Pre-bid Meeting Date, Time and 06.08.2025 @12:00Hrs at APCRDA Office,
:
Place 4th Floor, Sonovision Building, Eluru Road,
Vijayawada
16. Schedule download closing Date & 14.08.2025 @14:00Hrs
:
time
17. Proposal submission closing Date 14.08.2025 @15:00Hrs
:
&time
18. Technical Proposal Opening Date 14.08.2025 @16:00Hrs
:
(Technical Bid stage) & time
19. Price Proposal opening Date & time 18.08.2025 @10:00Hrs
:

20. Place of Proposal opening APCRDA, Lenin Centre, Governorpet,


:
Vijayawada.
21. Officer Inviting Proposal : CHIEF ENGINEER (H&B Housing) –
APCRDA

22. Address O/o Commissioner,APCRDA,Lenin Centre,


:
Governorpet,Vijayawada-520002.
23. Contact Details (for any CHIEF ENGINEER (H&B Housing) –
clarifications regarding the RFP till APCRDA
:
the bid due date)s

24. Point of Contact (POC) for


: Engineer-in-Chief, APCRDA
procurement related grievances mail: [Link]@[Link]

Note: 1. INR 10 Lakhs. The payment shall be made by way of NEFT/RTGS or by


irrevocable bank guarantee/ from any Govt. Banks/ Nationalized Banks/ Public
Sector Banks/ Scheduled bank/ Insurance company or Insurance Surety Bond
approved by IRDAI in the prescribed format with validity period of 180 days
from the last date of bid submission in favor of Andhra Pradesh Capital Region

Page | 4
Development Authority (APCRDA) represented by its Commissioner.
2. EMD of unsuccessful bidder shall be returned upon signing of agreement by
successful bidder. EMD of successful bidder shall be returned after
confirmation of performance bank guarantee/ Insurance Surety Bond from the
banks.

Page | 5
PROCEDURE FOR e-TENDERING REGISTRATION

National Competitive Bidding (NCB)


Name of Assignment: RFP for Engagement of Project Management Consultant (PMC) for
“Completion of balance works for Multi-Storied Quarters of 18 towers of (S+12) Floors Pattern
for Hon’ble MLAs & Hon’ble MLCs and All India Services officers, 71 Bungalows of (G+1) floors
for Hon’ble Ministers & Hon’ble Judges and 115 Bungalows of (G+1) floors for AIS Principal
Secretaries and AIS Secretaries and Completion of Balance works in External Infra Development
for multi-storied apartment quarters in 14 towers of (S+12) floors pattern buildings for Gazetted
Officers Type-I & Type-II and Group-D officials” in Amaravati Govt. Complex Village,
Amaravati, Andhra Pradesh including DLP of 2 Years.

ACCESSING / PURCHASING OF BID DOCUMENTS

(i) It is mandatory for all applicants to have Class-III digital signature certificate (in the name
of person who will sign the application) (with both Signing and Encryption Certificate)
from any of the licensed certifying agency (“CAs”) {Applicants can see the list of licensed
CAs from the link [Link]} to participate in e tendering.

(ii) To participate in the submission of Bids against the RFP, it is mandatory for the Bidders to
get themselves registered with the [Link] and to have user ID &
password which has to be obtained by submitting an annual registration charges. The
online payment facility for the submission of registration fee and tender processing fee,
which is payable to E-Tender service provider on e-Tender portal
[Link]

(iii)The RFP can be viewed / downloaded from the [Link]. Following


may be noted:

A) Applications can be submitted only during the validity of registration with the
[Link]

Page | 6
B) The amendments /clarification to the RFP, if any, will be posted on the
[Link]
C) If the Applicant has already registered with the [Link] and
validity of registration has not expired, then such Applicant does not require fresh
registration.

Page | 7
Contents
VOLUME I: SCOPE OF SERVICES ..................................................................................................................... 9
VOLUME II : INSTRUCTIONS TO BIDDERS (ITB)........................................................................................ 57
VOLUME III: BID DATA SHEET (BDS) AND FORMS................................................................................... 88
VOLUME IV: CORRUPT & FRAUDULENT PRACTICES ............................................................................ 123
VOLUME V: CONDITIONS OF CONTRACT .................................................................................................. 132

Page | 8
VOLUME I: SCOPE OF SERVICES

Page | 9
Contents

[Link] …………………………………………………………………………

[Link] of the Project …………………………………………………………………

[Link] objective of the PMC …….…………………………………………………...


3.1 Model structure for PMC Interface ..……………………………………….

[Link] Deliverables .……………………………………………………………………

[Link] ..…………………………………………………………………………….

[Link] Personnel ………………………………………………………………………..

[Link]…………………………………………………..…………………………

Appendix I – Profiles of the Key Personnel ………….…………………………………

Appendix II – Quality Assurance Tests…..………….…………………………………

Appendix III – Overview of Physical Works undertaken by APCRDA………………

Appendix IV - Functional Arrangement – Reporting mechanism and responsibilities.

Page | 10
1. INTRODUCTION
The Government of Andhra Pradesh proposes to establish `Amaravati', a world-class capital
city for the State. The aspiration is to create a people’s capital that is vibrant, diverse,
inclusive, and modern which is not only a glowing pride for all the people of Andhra
Pradesh but also a magnet for skilled migrants, industries, business, professionals from
across the world. It would synthesize the best features of urban planning, sustainability, and
effective governance to create an inclusive, highly livable, and world-class urban eco-
system.

Amaravati will have physical infrastructure that is of global standards with most efficient
utilities - environmentally sustainable, functionally smart and technology driven. It will
also amalgamate the local cultures, historical roots, involve peoples' aspirations and a
robust socio-economic plan to spur rapid and sustainable economic growth that is inclusive.
This mix of modernity with continuity will develop Amaravati as a city with higher degree
of livability quotient and create deep sense of attachment and ownership among its
stakeholders. It is aspired that the city will become an ultimate destination for the investors,
businesses, education, tourism, research, and development. In nutshell, the government
hopes that the new city would be a people's capital".

With the objective of construction of new capital city Amaravati", an act has been passed
by the Go AP to provide for the declaration of the new Capital area for state of the Andhra
Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority
(APCRDA) for the purposes of planning, Coordination, execution, supervision, financing,
and for promoting and securing the planned Development of the capital region development
area, undertaking the construction of the new capital region development area, undertaking
the Construction of the new capital for the state of Andhra Pradesh and for managing and
supervising urban services in the new capital area and for matters ancillary thereto.

Amaravati, the People's Capital of the State of Andhra Pradesh, is envisioned to be a city
of world-class standards with a vision to raise Andhra Pradesh’s prominence in India. The
Andhra Pradesh Capital Region Development Authority (APCRDA) is leaving no stone
unturned to provide innovative infrastructure, comfortable living standards and economic
prosperity for the residents of Amaravati capital city. The Land Pooling Scheme (LPS)
adopted in Amaravati is the largest and the most successful of its kind in India, and is a

Page | 11
manifestation of the people's desire for a world-class capital.

The Development of:


RFP for Engagement of Project Management Consultant (PMC) for “Completion of balance works for
Multi-Storied Quarters of 18 towers of (S+12) Floors Pattern for Hon’ble MLAs & Hon’ble MLCs and
All India Services officers, 71 Bungalows of (G+1) floors for Hon’ble Ministers & Hon’ble Judges and
115 Bungalows of (G+1) floors for AIS Principal Secretaries and AIS Secretaries and Completion of
Balance works in External Infra Development for multi-storied apartment quarters in 14 towers of (S+12)
floors pattern buildings for Gazetted Officers Type-I & Type-II and Group-D officials” in Amaravati
Govt. Complex Village, Amaravati, Andhra Pradesh including DLP of 2 Years.

As part of this endeavor, the Employer has decided to undertake the following
construction works. (Herein after referred as a “Project”)

Name of Assignment: RFP for Engagement of Project Management Consultant (PMC) for
“Completion of balance works for Multi-Storied Quarters of 18 towers of (S+12) Floors Pattern for
Hon’ble MLAs & Hon’ble MLCs and All India Services officers, 71 Bungalows of (G+1) floors for
Hon’ble Ministers & Hon’ble Judges and 115 Bungalows of (G+1) floors for AIS Principal
Secretaries and AIS Secretaries and Completion of Balance works in External Infra Development
for multi-storied apartment quarters in 14 towers of (S+12) floors pattern buildings for Gazetted
Officers Type-I & Type-II and Group-D officials” in Amaravati Govt. Complex Village, Amaravati,
Andhra Pradesh including DLP of 2 Years.

2. Scope of the Project:


(a) The broad Scope of Work includes project managing the Design and Construction of
the following infrastructure & Utility works but not limited to the following:
1 Project Management Consultant (PMC)Services 18 Months
2 Defects Liability Period (DLP) 2 Years

The estimated cost of the above said “project” is as stated below:


S No Description Amount
(A) CAPEX Amount (₹ in Cr.)

Page | 12
Project 1: Multi-Storied Quarters of Hon’ble MLAs & 434.32
Hon’ble MLCs and All India Services, +
Project 2: Bungalows for Hon’ble Ministers & Hon’ble 401.37
Judges +
411.38
Project 3: Bungalows for AIS Principal Secretaries and AIS +
Secretaries. 186.93
Project 4: External Infra for Gazetted Officers- Type I and II
and Group-D Employees Housing
TOTAL 1434.00

“Project Cost” is defined as the estimated cost of construction/development of


infrastructure/building by way of all work-related payments, extra items, escalation paid to
the contractors, vendors, suppliers etc. excluding GST and other statutory provisions

For the purpose of this bid, the Project Cost is estimated at Rs. 1434 Crores
The Total Actual Completed Cost of the project shall be the total cost of the project on
completion including all payments made to the contractor by the way of all work-related
payments, extra items, escalation paid to the contractors, vendors, suppliers etc. The total
project cost includes only work-related items including variations during execution of work
and excludes GST and other statutory provisions.

Page | 13
Fig.1: Master plan of Amaravati Capital City

3. Broad Objective of the PMC

The Broad Objective of this Consultancy (the “Objective”) is to assist the Employer in
project managing the “project” till the successful completion, commissioning and handing
over to the Employer and comprehensively supervise the works and activities carried out
by the Contractor(s) as “Owner's Engineer" under the respective contract(s) for the project
in a manner that would ensure:

1. Review, scrutinize and finalization of the designs, plans, drawings and BOQs (Bill of

Page | 14
Quantities) furnished by the Contractor.
2. Inspection, review and approval of Procurement of various materials by contractor.
3. Provision of construction supervision for monitoring and control of the works
progress and ensuring compliance to environmental, social, gender, health, SEA/SH
and safety standards as per respective issued plans, as applicable. Anti-corruption
guidelines and Code of conduct for the PMC personnel shall be strictly ensured.
4. Execution, supervision and monitoring of quality control of the work progress.
5. Ensuring project works completion within stipulated period and approved Budget.
6. Ensure total compliance in-line with the approved designs, plans, drawings, BOQs
(Bill of Quantities), technical specifications and various other requirements contained
in the respective contracts by the Contractor(s).
7. Implement standards and Specifications as per Contract conditions of quality
assurance system, both within the consultant organization as well as the Contractors.
8. Proper verification of measurements and bills submitted by the Contractor(s).
9. Coordination among contractors, various consultants, vendors working under the
project and the Employer.
10. Ensure implementation of Modern safety practices in execution of works at project
sites for ensuring complete safety to works, workers, general public, structures and
properties adjacent to work sites and environment.
11. Comprehensive and documented reporting to the Employer of Consultant's own
activities, progress of the Project(s) and compliances/ non-compliances by the
Contractor(s) and action-taken report submitted by the contractor;
12. Submission of control returns i.e weekly, monthly and quarterly progress reports, with
GPS photographs.
13. Regular submission of daily, weekly and monthly inspection reports to the client.
14. Assist the Employer in making applications to seek various statutory approvals.
15. Provide assistance to the employer in respect of contract implementation, claims and
other matters.
16. Advise and assist the employer with respect to dispute resolution, litigation, if so
required.
17. implement document management system for proper workflow in approving all the
items of work including measurements and certification of contractor’s bill.
18. coordinate and work with PgMC on regular basis in implementing the programmatic
policies and procedures for ensuring effective scheduling, good quality, monitoring,

Page | 15
proper safety till approval of work and certifications of bills, including through the
timely provision of data required for efficient and effective Program implementation.
19. Wherever project has been funded fully or partially by multi-lateral funding agencies,
the additional safeguards and clauses which are made part of the contract shall be
monitored and compliance to be ensured.
20. should maintain and submit the whole project related documentation (Tender
Document Estimates including design reports and Drawings, agreements approved
GFC drawings, material approvals, billing documents, deviation statements, QC
Reports TPQC Reports as built drawings etc.) till completion of the project.
21. Ensuring that all the key entities including contractors/consultants are effectively and
adequately fulfilling their designated role in implementation of ESMP requirements in
a timely and effective manner. This monitoring shall be on-going throughout the
project life cycle in order to ensure that Environmental, Social, Health and
Safety(ESHS) impacts are within the predicted levels and that specified ESHS
performance targets are being achieved.

[Link] Structure for PMC Interface:

The Project Management Consultant (PMC) would be interfacing with both the Program
Managing Consultant (PgMC) and the APCRDA, along with multiple external agencies
and will be responsible for all the deliverables pertaining to the Project. To deliver
effectively in this time-bound Project, it is important that the Consultant team shares
common values with the APCRDA staff. It is the APCRDA's expectation that the
Consultant will also operate as the Owner's engineer and lead the entire development
activity with assistance from APCRDA staff.

Page | 16
3.1.1 Project Coordination Structure:

Page | 17
4. Key Deliverables:

The Services to be delivered by the Project Management Consultant during the


development of the “Project” in Amaravati capital city, includes but is not limited to the
following:

[Link] Key Deliverable Target to Achieve


[Link] Stage
1.1 The PMC shall study the site conditions and
Inception Report
prepare and submit an Inception Report to the
client for approval.
[Link]-Construction Stage:
Prepare master project schedule and project
Project Scheduling
2.1 execution plan and present to APCRDA for
approval.
Review and verify the final Designs of the
contractor including GFC (Good for
Construction) drawings and get them approved
by the competent authority in CRDA. All the
necessary software licenses required for
verification of designs shall be the responsibility
of the PMC.

The final designs and Good for


Construction(GFC) drawings made by the
contractor must be integrated with the overall
capital city infrastructure plans including clash
analysis for all sectors like roads, storm water,
sewerage, water supply, sewerage, reuse water,
power, ICT, gas, flood flow canals, etc. The
integration shall be with respect to trunk and/or
LPS Infrastructure as the case maybe.

Page | 18
Conduct `Kickoff' project meetings to facilitate
total project review and prepare detailed
coordinated construction schedule
Prepare detailed PERT/CPM charts using
PMIS/IT tools
Establish key project risks, bottlenecks and set
plans to mitigate them
Identify Critical Path Activities and establish sign
of dates for key activities
Coordinate and work with Pg MC on regular
basis in implementing the programmatic policies
and procedures for ensuring good quality, proper
safety, incorporated in designs, planning and
mobilization
Contractor’s Environmental PMC shall review and provide comments on the
2.2
and Social Management Plan contractor’s submitted MSIP to implement the
(ESMP), Occupational ESMP, OHS, and adherence to APCRDA’s
Health & Safety (OHS), and Standard Operating Procedures (SOPs).
Standard Operating
Procedures (SOPs)
The MSIP will include:
Occupational health and safety management
plan
- Community health and safety management
plan
- Supporting APCRDA with the Resettlement
and Rehabilitation
- Management Plan
- Waste management plan
- Wastewater discharge management plan
- Air and noise emissions management plan
- Hazardous material management and spill
control plan
- Workers accommodation plan

Page | 19
- Management of labor influx and facilities for
foreign workers
- Gender management plan
- Livelihood management plan
- Stakeholder management plan
- Labor recruitment procedures and labor
management
- All the workers shall sign a code of conduct
and will be terminated from employment if
they do not comply with it.
- Traffic management plan including
transportation of materials from quarries
- Training plan for E&S risks including
HIV/AIDS/sexual exploitation and abuse
and GBV
- Emergency response plan
- Grievance redressal mechanism
- SOPs, as provided by the Employer
- Demobilization plan after completion of
works
The MSIP once reviewed and affirmed by the
Employer/ Engineer-in-charge, shall become the
Contractor’s ESMP (C-ESMP). The C-ESMP
shall be approved prior to the commencement of
construction activities. PMC shall guide, ensure
implementation and report compliance
periodically in respect of the C-ESMP, OHS,
SEA/SH, Gender and Safety as per the approved
SOPs being implemented by the contractor.
The approved C-ESMP shall be reviewed,
periodically (but not less than every six (6)
months), and updated in a timely manner, as
required, by the Contractor to ensure that it
contains measures appropriate to the Works

Page | 20
activities to be undertaken. The updated C-
ESMP shall be subject to prior approval by the
Environmental and Social Management Unit
(ESMU). The PMC will be required to ensure
the same.
The consultant must provide appropriate training
and sensitization on the prohibition of SEA and
SH to relevant personnel, including sub-
consultants.
Review and resolve Gender based issues such as
SEA/SH. Provide SEA/SH activity status on
Progress Reports
Progress reports should include:
a) Gender: Number of female workers,
percentage of workforce, and gender
issues addressed.
b) SEA/SH and Code of Conduct Training:
a. Number and dates of SEA and
SH prevention training events.
b. Number of workers trained on the
Code of Conduct.
c) Grievances: Number of SEA and SH
allegations received, unresolved
grievances, complainant’s age and sex,
how received, referral details, resolution
status, and any required follow-up.
d) Compliance: Status of compliance with
the SEA and SH prevention and response
action plan.
The consultant firm should designate one of
their regular officers on rolls as SEA/SH
coordinator having domain expertise to deal
with non-compliance verification. The selected
Consultant must immediately inform the

Page | 21
Engineer (or project gender/GBV focal point) of
any SEA/SH allegations or incidents, ensuring
confidentiality. The report should include the
type of allegation (sexual exploitation, abuse, or
harassment), and the gender and age of the
affected person. The consultant must also notify
the Engineer of any such incidents occurring on
Sub consultants’ or suppliers’ premises related
to the Works. Sub consultants and suppliers are
required to promptly inform the consultant of
any SEA/SH incidents.
All consultant and sub-consultant’s staff should
sign and follow the consultant’s Code of
Conduct.
All staff shall adhere to Anti-corruption
guidelines.
PMC shall review and provide comments on the
Quality Assurance Plan as well as the Safety
2.3 Quality&Safety Assurance
Assurance Plan submitted by the contractor to
ensure their effective implementation at site.
Perform required pre-construction QA checks as
per Appendix III.
Costcontrol&time Prepare systems for cost controlling and time
2.4
management management.
Resettlement Action Plan PMC shall monitor and report on the effective
2.5
implementation of the Resettlement Action Plan,
notified by the APCRDA, by the relevant local
Government officers/staff.
[Link] Stage
PMC shall perform all duties of quality
assurance of work and carry out comprehensive
technical supervision of the works to ensure
3.1 Project Management
conformity with approved designs & drawings,

Page | 22
specifications for materials & workmanship,
adopted QA/QC & HSE procedures, applicable
relevant standards & codes, and sound
engineering practices.
PMC shall supervise and monitor the
construction works and ensure that the project
milestones and/or duration are timely met by
the Contractor, in the chronological order,
without any delay.
PMC should also ensure completion of the job
within sanctioned cost.
Provide Value Engineering service to ensure
economical and quality construction and to
examine the variations of designs required
during execution.
Analysis for the various project-related activities
with reference to time frame, resource
allocation, and scheduling using latest
techniques and software as approved by the
APCRDA.
PMC will support the respective engineers in
APCRDA with decision-making and conduct due
diligence before giving advice, including
necessary correspondence with architects,
contractors, etc., required for the successful
and timely completion of the Project.
PMC shall also ensure that the contract clauses,
whether related to quality or quantities of
work, are complied with and the works are
executed in accordance with its provisions.

Page | 23
PMC will ensure adherence to relevant
government specifications, BIS codes, CVC
guidelines, design guidelines set by the
consultant, environmental and other regulatory
requirements, and will also ensure observance
of all formalities/documents/day-to-day
activities as per standard codal provisions for
execution of 'Works Contract' and as directed
by APCRDA from time to time.
PMC will render due assistance in discharge of
their duties to any Government agency or any
independent agency hired by APCRDA for any
technical/quality audit/financial audit of
construction.
Coordinate and work with Pg MC on a regular
basis in implementing the programmatic
policies and procedures for ensuring good
quality, proper safety, till approvals of work and
certification of bills.
Wherever the project has been funded fully or
partially by WB/ADB or multi-lateral funding
agencies, the additional safeguards and clauses
which are made part of the contract shall be
monitored and compliance is to be ensured.
Assist the client to liaise with government
3.2 Coordination with Authority authorities, statutory agencies, and utility
companies i.e., planning permits, building
regulations, roads, transportation, telecom and
internet service provider, water, gas, and
power. Monitor statutory approvals. Assist in
getting approvals from the authorities that have
jurisdiction over the project.

Page | 24
In case of any deviation from the preliminary
approved drawings during works, PMC should
ensure timely referral to APCRDA for approval.
Verify and certify the bills of contractor engaged
in the project for the purpose of payment by
APCRDA.
Assist the client in taking over various parts of
works and various systems including, but not
limited to, final inspection, snagging,
supervision of testing and commissioning of
various systems.
If required, PMC shall prepare draft replies and
get them vetted from APCRDA in replying to the
queries/observations made by contracting
agencies, CTE’s branch / CAG Audit / Vigilance
etc., if required.
PMC shall submit an expenditure and utilization
of funds statement as and when required.

Coordinate and work with Pg MC on a regular


basis in implementing the programmatic
policies and procedures for ensuring good
quality, proper safety till approvals of work and
certification of bills.
Assist the client to liaise with government
authorities, statutory agencies, and utility
companies i.e., planning permits, building

Liasoning with other regulations, roads, transportation, telecom and


3.3 internet service provider, water, gas, and power.
stakeholders
Monitor statutory approvals. Assist in getting
approvals from the authorities that have
jurisdiction over the project.

Page | 25
PMC is responsible for liaison and coordination
with various agencies for smooth project
execution.
Conduct site meetings and coordination
meetings with all agencies for timely
completion.
Provide effective coordination between
APCRDA / ADCL and various other agencies
working in adjacent zones at the site to ensure
timely availability of the inputs required for
uninterrupted construction.
PMC shall support the client in finalizing the
clash analysis of all infrastructure works with
Trunk Infra and any other natural barriers.
Attend periodic meetings to review the
progress of the project works in terms of
various utilities and services. Such meetings
shall be held with the Architects, Contractors,
Employer's Engineer-in-charge.
The PMC should assign one Grievance Officer
who is in charge of attending to grievances
submitted by the public regarding the work
being carried out by the contractor. This
Grievance Officer shall take approval before the
project-related grievance redressal.
PMC would liaise with the Architect / detailed
engineering planners for providing / making
good the deficiencies to avoid any delay of the
Project.
Prepare master project schedule and project
Project Scheduling &
3.4 execution plan and present to APCRDA for
Empanelment of Contractor
approval.

Page | 26
Check and finalize Contractor’s detailed
programme of activities commensurate with
the RFP provisions.
Review all other agencies’, sub-agencies’ works
for carrying out the works as per schedule.
Conduct ‘Kick-off’ project meetings to facilitate
total project review and prepare detailed
coordinated construction schedule.
Prepare detailed PERT / CPM charts.
Establish key project risks, bottlenecks, and set
plans to mitigate them.
Identify Critical Path Activities and establish sign-
off dates for key activities.
The PMC will supervise the day-to-day
Supervision, Quality check construction work to ensure adherence to the
3.5
and Record keeping drawings, prescribed high standards of quality,
and timely completion of the project.
Supervision should ensure that construction is as
per approved method statement and the right
sequence of construction is followed.
PMC shall monitor and evaluate the creation of
the Building Information Model (BIM) by the
contractor of the works being designed and built
by them.
PMC is required to employ adequate numbers of
qualified engineers capable of ensuring quality
and timely completion of work.
Establish and ensure adherence to the Quality
Assurance Plan including, but not limited to,
checking fabrication drawings, bar-bending
schedules, and all other architectural/structural
details during construction.

Page | 27
PMC shall ensure conductance of suitable and
sufficient tests of materials and equipment as
required, including random checks for
conformance with specific requirements of
contract documents, and document results of
the tests. Besides assessment and checking in
the laboratory and the scheduling, supervision,
and vetting of field tests carried out by the
contractors, PMC may also carry out
independent tests as necessary, as and when
desired by the Owner, for quality assurance of
the works at contractors’ own cost.
PMC shall maintain completed records of all test
results, including suppliers’ material tests.
Maintain records of all quality-related tests.
Verify the recorded measurements of works by
the department or contractor, and bills
prepared in proper Measurement Books (MB)
for lump-sum works.
Also ensure supervision mechanism to ensure
certification of bills of other agencies.
Carry out required QA checks during
construction as per Appendix III.
Ensure material delivery schedules are as per
3.6 Procurement project timelines to ensure on time construction.

Ensure that materials used meet the high


standards of quality.
All warranties and guarantees on
equipment/fixtures etc. procured by the
Contractor shall be in the name of APCRDA and
appropriate clauses will be inserted in the RFP
documents by PMC in this regard.

Page | 28
PMC shall provide Construction Management
Services from the start of construction and
3.7 Timeline
handing over of the project to the APCRDA for
use.
PMC shall execute the project in a time bound
manner and hand over the finished Project/ other
works completed in all respect certified by
APCRDA within the time limit of construction
period starting from the effective date. PMC shall
place control mechanisms to avoid time and cost
overruns.
PMC should apprise the APCRDA of the
progress of the project, generate and submit

3.8 Reporting time-to-time progress reports to APCRDA inthe


agreed formats in registers and otherwise, and at
the agreed frequency.
PMC is responsible for proper documentation of
the activities using industry standard practices.

For this all the necessary data relevant to the


execution of work including materials brought
and consumed at the construction site,
hindrances if any, records of daily labor
deployed etc. shall be maintained.
Furnish Financial & Physical progress reports as
required by APCRDA based on pre determined
formats & time schedules.
Provide presentations to APCRDA or its
representatives as and when required to various
stakeholders of the project, as and when
required.
Provide all documents/reports/statements of
facts / counter statement of facts for settling
Audit/CTE' s observations and arbitration cases

Page | 29
etc. including attending the hearings as and
when required by the APCRDA and providing
necessary support as may be required by the
APCRDA from time to time.
Whenever the external funding is tied up, all the
conditions incorporated in the contractor
agreement shall be monitored and compliance
report submitted regularly.
PMC shall assist APCRDA for dealing with the
3.9 Litigation Arbitration cases, if any, for contracts entered
between APCRDA and various agencies till
completion of the project work.
PMC will prepare claims/ counter claims, attend
hearings, and provide all necessary assistance to
the Arbitrator till completion of Defects liability
period which shall be as per PMC's own
procedures by following Arbitration
&Conciliation Act1996.
It shall be the sole responsibility of PMC to
assist APCRDA in defending the case, provided
there is no fault/negligence/delay on the part of
APCRDA on any matter whatsoever for which
dispute has arisen between two parties
(APCRDA and Contractor).
The cost of arbitration/litigation, and award if
any, arising out of any arbitration due to reasons
attributable to PMC shall be borne by PMC.

The PMC shall have to bear the cost of award


and litigation/ arbitration for reasons attributable
to PMC. However, expenditure during the
arbitration proceedings can be met from the
project funds with the approval of APCRDA.
3.10 Cost Management Prepare and maintain project master cash flow.

Page | 30
Establish a design control system to identify
changes, so that timely action may be taken in
order to remain within approved budget.
Obtain authorization of owner for variations in
design when agreed limit of authority is
exceeded.
Scrutinize and check applicability of extra items,
substituted items, deductions, and reductions etc.
Which have cost implications and take prior
approval.
Scrutinize contractor bills, prepare regular
variation statements and payment certificates of
Contractor/ Vendors bills for payment in
accordance with the contract, after ensuring
deductions of statutory taxes.
Submit to Client the periodical statement of
costs incurred at various stages of works and
provide to owner deviation statement of costs
compared to budgeted costs for various stages
against cash flow.
Co-ordinate Contractor’s compliance with
Laborregulations
3.11 requirement of Labor Laws, Welfare
compliance
measures as per the law of land.
Co-ordinate with Contractor’s execution of
works including off-site movement of materials
to ensure that there is minimal disruption in the
neighborhood.
Ensure equal pay and equal work irrespective of
gender. Contractors shall create safe working
environment for women.

Ensure adequate safety provisions are place and


3.12 Safety ensure supervision to maintain safe
working/construction environment.

Page | 31
Ensure programme setup by the Contractors/ other
agencies are incompliance with prevalent laws and
regulations.
Review safety programs developed by each of
the stakeholders, prepare and submit a
comprehensive safety program. Monitor day to
day implementation of safety procedures.
3.13 Environmental, Social, Ensure all the environmental, Social, Gender,
Gender, labor, Safety, Labor, Occupational Health &Safety, SEA/SH
SEA/SH. etc., issues are compiled to by the consultant and
contractor as per the conditions incorporated in
the contract document, including the
Contractor’s Environmental and Social
Management Plan, as stipulated by the
WB/ADB and other funding agencies and as per
the law of the land which includes but not
limited to labor etc.
Review these compliances periodically and shall
submit weekly/monthly/ quarterly reports on
these aspects to ESMUAP CRDA.
3.14 Code of conduct of Personnel Ensure the adherence to the Code of conduct of
personnel as stipulated by any bank and other
funding agencies.
4. Post–Construction
Settlement of all accounts of the contractor /
4.1 Closure of project vendor including reconciliation of materials
supplied to the Contractor, if any.
Provide project completion report inclusive of
all technical, functional and financial
information of the project.
PMC shall ensure that the Contractor hands over
the completed projects in all respect, free from
all encumbrances including the vacation of
temporary workers' hutments etc. at site, if any

Page | 32
to the APCRDA.
Witness testing & commissioning of all utilities and
certify the same
Organize and provide all Operation and Maintenance
manuals, and conduct training for the APCRDA staff,
including capacity building of the CRDA staff.
Coordinate with contractors/vendors and arrange for
user Operation & Maintenance manuals and training
for the client’s representatives.

Provide adequate engineering and supervisory


support for day-to-day inspection and monitoring of
works, including during the Defect Liability Period.
Ensure timely issuance of notices to contractors,
vendors, or agencies for rectification of defects, if
and when observed.
Ensure that the Building Information Modeling
(BIM) files related to the design of the works are
delivered and submitted to the client in the
prescribed format.
Carry out post-construction Quality Assurance (QA)
checks.
4.2 Others Ensure all defect liability activities are carried out by
the contractor during the respective Defect Liability
Period.
All records related to the project and maintained by
the PMC during execution shall be handed over to
APCRDA upon completion of the project, in both
soft and hard copy formats.
PMC shall ensure that the contractor submits the
"As-Built" drawings in GIS, CAD, or any other
approved format as per CRDA requirements, and that
the same are handed over to the client.
Ensure that all mandatory tests at the site are
conducted as per standards and specifications.

Page | 33
Check and finalize final estimates, and assist in
responding to audit or technical observations, if any.

PMC shall maintain all registers and records during


the execution of works for documentation and audit
purposes.

5. DURATION:
The duration for Development of the Said “Project” would be 18 months as per the contract
agreement between APCRDA and the successful contractor. The DLP (Defect Liability
Period) for the project is 24 months from the date of completion of the work, including any
extensions granted by the client.

Given the deadline, we intend to engage the Project Management Consultant until the
certification of the final bill of the contractor (here in after referred to as “Tenure of the
project”) from the “effective date” (Date of Signing of Agreement). Additionally, the Project
Management Consultant will have to render his services for a period of 24 months during
defect liability period “herein after referred as Warranty Period”. The minimum Deployment
of the PMC staff during warranty period shall as specified in “Section 6.1” below.

6. PERSONNEL & REIMBURSABLES


[Link] is looking for multi-disciplinary teams which have the necessary expertise to carry
out all aspects of the project and experience in successfully implementation of the project
for Concept to Commissioning. Below is the minimum personnel requirement of the
manpower leading the Project office, in terms of the type functions. The details of the
Personnel required during the “tenure of the project” are enclosed below,

6.1.1 The Consultancy services shall be headed by sufficiently senior and competent
person having relevant experience and of impeccable integrity. The broad
qualifications and the general Job description for each of the below listed personnel
are included in the Appendix - 1.

6.1.2 The PMC shall submit the tentative organization chart for managing the project so
that appropriate decisions are taken quickly. However, the actual number of
Page | 34
technical personnel to be deployed and the deployment schedule shall be prepared
by the PMC and mutually agreed upon after award of work. This schedule shall be
prepared in a manner that all the functions required to be performed by the PMC
as per the scope of their work are performed completely and efficiently. The
deployment schedule shall be reviewed from time to time and necessary revisions
/adjustments shall be made in the schedule as may be found necessary on the basis
of joint assessment of the site requirements by the APCRDA and the PMC. The
“Team Leader” as defined in Appendix 1 should be on the payroll of the bidder
while submitting the bid and not more than 20% of the other personnel required
shall not be changed during the implementation of the project. Any such allowable
change can only happen with concurrence of APCRDA and such approved
replacement should be of equivalent or better qualification and experience.

[Link] terms pertaining to key Personnel

6.2.1 At any given time during the course of the assignment, all personnel shall be
available on site, including the Team Leader/ Construction Manager/ Quality
Control Manager/E&S Manager/ OHS Manager/ Social and Labour Manager/
Planning Manager. Additionally, depending on the requirement / stage of the project,
other personnel should also be available on site. As mentioned at Appendix 1.
6.2.2 Ensure that always proper supervision of Checks and review happened regularly by
deploying adequate site staff viz., Surveyor, Site Engineers, Lab Technicians,
Safety Engineers etc.,
6.2.3 Non availability of the Personnel and other Technical staff as per work plan, will be
liable for penalty. The penalty will be levied at 1.50 times the indicative cost for
their position for the absence period. Unauthorized absence of the staff beyond 15
Days, the concerned staff will be terminated and the replacement staff shall be made
available within 15 Days. The cumulative total of all penalties assessed under this
contract, including those related to replacements and delays, shall not exceed 10%
of the total contract price.
6.2.4 Age of the Personnel: All the candidates should be physically fit as a significant
portion of the time will be spent on-ground at the site. Annual health fitness
certificate shall be obtained by the professionals from APCRDA designated
hospital(s);
Page | 35
Knowledge in MS Office and preparation of reports using IT software packages, is
must for all professionals.
6.2.5 The client reserves the right to ask for the details regarding the proof of age,
qualification, experience, and association of the Personnel with the Consultant.

6.2.6 Consultants, who are executing ongoing mandates from Client, must propose a
separate team of Key Personnel while bidding for this project. The Key Personnel
team deployed for this project is expected to be engaged full-time on this project.
The Key Personnel proposed above should be available for
presentations/discussions/ meetings with the Client, State Government in
Amaravati, Vijayawada, Guntur.
6.2.7 A summary of experience/ CV along with their Aadhaar number (in one page) is to
be provided by the consultant for each of the Key Personnel. As mentioned in
Appendix 1.

[Link]

6.3.1. At the end of the project, the PMC must transfer the ownership of the entire office and
quality lab setup to the client, against which the one-time setup reimbursable is claimed
by them.

7. Timelines
The timelines for key deliverables for the Project Management Consultant
have been sub- divided into the following stages. The below deliverables along with any
additional reports required by the client should be submitted by the PMC for each contractor’s
package separately.

[Link] Stage Deliverable


1. T+1 Month 1. Inception Report and implementation plan
2. Deployment of key resources
3. Prepare Quality assurance manual and forms
4. Prepare Construction manual
5. Set up interface system for coordination with
the various consultants and stakeholders

Page | 36
6. Prepare master budget
7. Review plans / designs
8. Develop and implement financial management
plan
9. PMC shall establish Dedicated Quality
Control Lab at Site for conducting the
test independently.
2. Recurring activities 1. Act as interface between various
stakeholders
2. Real-time reporting
3. Monthly/weekly progress reporting
4. Ensure intra-project communication
5. Milestone completion report
6. Quality Assurance reports
3. T+n Month 1. Final report after completion of work for
each construction package
2. Final report of budget and expenditure
3. Final completion plan and drawings
4. O&M Manual
5. List of vendors for procurement of spares
Note:
1. `T' denotes the “effective date” (i.e. the Date of Signing of Agreement).
2. `n' denotes the “tenure of the project”.

Page | 37
Appendix I: Profiles of the required Personnel

Sl. Position Count No. of Qualifications & General Job Description


No months Experience
Graduate in Civil
Engineering with 20
Overall responsibility for the
years of Project/
entire project and interaction
Construction
Chief Resident with the APCRDA.
management
Engineer and
1. experience in the
Team Leader 1 18 Shall have control over the
construction of large
(the "Team staff deployed and primarily
buildings, roads
Leader") responsible for the acts &
infrastructure; must
abstinence to act by the staff
have exposure to
of the contractor.
PERT and CPM
techniques.
Graduate in Civil Shall be responsible for the
Engineering with 15 supervision of construction
years of Project work including the quality
Construction Management and meeting timelines.
Manager / experience in the
2. Resident 3 18 construction of Shall be responsible for
Engineer cum Residential/commerci execution of all the
Billing al / institutional infrastructure utilities
Manager buildings, roads and involved.
Infrastructure; and
exposure to PERT and
CPM techniques.
Graduate in Civil
Engineering with 10-
12 years in Project
control’s experience in
the construction of Shall be responsible for
3. Planning 3 18 Residential/commerci Project Planning and project
Manager
al / institutional control of the project.
buildings, roads and
Infrastructure; and
exposure to PERT and
CPM techniques.
Graduate of Civil
Engineering, masters Shall be responsible to
preferably in ensure that the various kinds
Design
Structural engineering of drawings that are to be
4. Review 2 18 with 15 years of implemented are sound,
Manager –
experience in feasible and financially
Civil
designing optimal; and executed as per
Residential/Commerci plan.
al/institutional

Page | 38
Sl. Position Count No. of Qualifications & General Job Description
No months Experience
buildings.

Graduate of
Electrical/Mechanical
Engineering masters Shall be responsible to
preferably in ensure that the various kinds
Design
Electrical/ Mechanical of drawings that are to be
5. Review 4 18 engineering with 15 implemented are sound,
Manager –
years of experience in feasible and financially
MEP
designing optimal; and executed as per
Residential/Commerci plan.
al / institutional
buildings.
Graduate in
Architecture with
Shall be responsible to
around 10 years of
ensure that the architectural
6. 3 18 experience in
Architect plans/ drawings are feasible,
architecture works for
financially optimal and are
residential/
executed as per plan.
commercial/
institutional buildings.
Graduate in Civil/
Materials Engineering/
Geology, with masters
preferably in Civil
Quality engineering/ Concrete
Shall be responsible to
7. Assurance / 3 18 Engineering/ Materials
ensure construction of high
Control engineering with
quality works
Manager experience as Third
party Quality
Assurance auditor
with 10 years of
similar experience.
Responsible for all aspects
Bachelor degree in of contract management in
engineering or law is proper implementation of
mandatory. Master’s the provisions of contracts
degree in management entered into with the
8. Contracts 1 18 or law being desirable; contractor(s), including
Manager
with 10 years’ controlling the project cost
experience in contract of the tender packages,
management preparing manuals /
assignments. schedules in line with the
provisions of the contracts

Page | 39
Sl. Position Count No. of Qualifications & General Job Description
No months Experience
with the contractor(s),
provide inputs on any issues
related to contracts, and
advise the Construction
Manager /Resident Engineer
and the Team Leader and
Chief Resident Engineer on
all aspects of contract
management.
Graduate or equivalent
in Civil Engineering / Shall verify the works
Certificate course executed by quantifying the
from Institution of materials used, quantify the
Quantity Surveying' excavated materials,
9. Quantity 6 18 with 10 years of stacking and sending out
Surveyor
similar experience in from the project site. Shall
execution of maintain the measurement
Residential/ books of various works and
commercial/ shall report to site engineer.
institutional buildings.
Graduate in Civil
Engineering,
Shall be responsible for
preferably with
Environment, environment sustainability,
masters in
Health and health and safety of the
10. 1 18 Environmental
Safety labourers involved in the
engineering; with 10
project. The personnel will
Manager years involving
also be responsible for the
experience in work
rehabilitation works.
zone safety
assignments
Masters degree in
social sciences or
Social and
11. 2 18 labour management or
Labour
related fields with
Manager
relavent 5 years
experience.
Graduate in Civil
Engineering with Shall be responsible for
12. Site Engineers 13 18 minimum 3 years of execution of all the
– (Civil) Experience in infrastructure utilities
Buildings or similar involved.
projects.
Graduate in Electrical Shall be responsible for
Site Engineers / Mechanical execution of all the
13. – (Electrical/ 09 18 Engineering with
infrastructure utilities
Mechanical) minimum 3 years of
Experience in involved.

Page | 40
Sl. Position Count No. of Qualifications & General Job Description
No months Experience
Buildings or similar
projects.

Graduate in Civil Shall support activities for


Engineering, health and safety of the
preferably with laborers involved in the
certification in
project. The personnel will
Occupational Health
and Safety or related also be responsible for the
14. OHS Manager 3 18 fields; with 10 years rehabilitation works.
involving experience
in Occupational
Health and Safety
assignments.

15. Shall be responsible for


Minimum 3 years of assisting Quality Assurance
Lab Experience in / Control Manager for
4 18
supervisors Buildings or similar execution of tests in quality
projects. control lab and maintaining
relevant documentation.
16. Shall be responsible for
Minimum 1 years of assisting Quality Assurance
Experience in / Control Manager for
Lab Assistants 7 18
Buildings or similar execution of tests in quality
projects. control lab and maintaining
relevant documentation.
17. Graduate in any Shall be responsible for
Office discipline with 5 years maintaining the office
1 18
Manager experience in office records and administration
Administration. related activities.
18. Graduate in any Shall be responsible for
Accountant 1 18 discipline with 5 years maintaining the office
experience in accounts.

Page | 41
Sl. Position Count No. of Qualifications & General Job Description
No months Experience
accounting.

19. Minimum 1 years of


Shall be responsible for
Office Boy / Experience in office/
4 18 assisting all the experts and
Attendant Similar kind of
maintaining office.
organizations.
20. Any degree with 1
year of experience in
Computer Shall be responsible for
3 18 maintaining office
Operator assisting all the experts.
records and operating
computer.

* The Proposed Personnel’s stated above are only minimum requirement and
full time deployment during the entire duration of the construction of the project
i.e., 18 months, the Consultant has to deploy adequate number of technical
personnel including supporting staff required during the entire duration of the
“project” both Pre-Construction stage and Construction stage to fulfil the
complete scope of the works envisaged by the Client which need to be fulfilled by
the Consultant.

The CVs of all personnel must be submitted by the bidder and the CVs of Key
personnel only will be evaluated. Kindly refer to the marking process for Key
Personnel [Volume II, BDS and Forms; section 1.4.1 a (B)]. The selected Consultant
must ensure that all the proposed personnel are finalized and approved by the client
before signing the contract agreement.

INDICATIVE LUMPSUM QUOTE:

Below is the indicative cost of the lumpsum quote to be submitted by the bidder:

Page | 42
S. No Particulars Amount

1. Personnel Cost 10,91,70,000

2. Reimbursables 65,10,000

Total Lumpsum cost 11,56,80,000

1. Indicative Personnel Cost of PMC

Project Management Consultant


Sl.
Positions Duration
No Indicative Cost
Person Count (in
(for full duration)
months)
Chief Resident Engineer and Team
1 1 18 54,00,000
Leader (the "Team Leader")
Construction Manager / Resident
2 3 18 108,00,000
Engineer cum Billing Manager
3 Planning Manager 3 18 81,00,000

4 Design Review Manager – Civil 2 18 54,00,000

5 Design Review Manager - MEP 4 18 108,00,000

6 Architect 3 18 81,00,000

7 Quality Assurance / Control Manager 3 18 81,00,000

8 Contracts Manager 1 18 18,00,000

9 Quantity Surveyor 6 18 108,00,000

Total Key Personal Cost 26 6,93,00,000

Non Key Personnel


1 Environmental Manager 1 18 1,800,000
2 OHS Manager 3 18 5,400,000
3 Social and Labour Manager 2 18 3,600,000
4 Site Engineers – (Civil) 13 18 9,360,000

Page | 43
Site Engineers –
5 9 18 6,480,000
(Electrical/Mechanical)
2,66,40,000
Sub Total of Non-Key Personnel 28

C Supporting Staff
1 Lab supervisors 4 18 28,80,000
2 Lab Assistants 7 18 25,20,000
3 Office Manager 1 18 9,00,000
4 Accountant 1 18 9,00,000
5 Office Boys 4 18 10,80,000
6 Computer Operators 3 18 13,50,000
Sub Total of Supporting Staff 20 96,30,000
DLP (3 persons) 24 months 36,00,000

Indicative Total Personnel Amount 10,91,70,000

2. Indicative Cost reimbursables of PMCs

No Type of Reimbursable Expenses Unit Unit Cost Quantity TOTAL


Cost of setup of 3000sft office & Laboratory
1 (Temporary setup) including Lab equipment, Furniture Each 3,00,000 4
and other office requirements complete setup 12,00,000
Monthly reimbursable (office maintenance such as
Power bill, Internet bill, water, cleaning, Stationery 18
2 Each 25,000 Months*4=
etc..): For 4(four) offices -18 months@ 40000 per 18,00,000
month/each office 72 months

Daily Conveyance/ Vehicles-1 No-


3 Nos 60,000 18 Months
Innova or Equivalent (not more than 3 years old) 10,80,000

Daily Conveyance/ Vehicles-3 Nos 18


4 Nos 45,000 Months*3=
Indica or equivalent (not more than 3 years old) 24,30,000
54 months

TOTAL REIMBURSABLES 65,10,000

Appendix II: Quality Assurance tests

Page | 44
1.1. General tests on materials

1. Tests on Cement

(a) Standard consistency

(b) Fineness

(c) Initial and final setting times

(d) Soundness

(e) Compressive strength

(f) Specific gravity

2. Tests on fine aggregate

3. Tests on coarse aggregate

4. Compressive strength of concrete (Cubes)

5. Tension test on steel rods

6. Tests on bricks

7. Concrete mix design

8. Sieve analysis of fine and coarse aggregates

[Link] on Roads

1. Tests on Bitumen

(a) Penetration

(b) Softening point

(c) Flash & Fire point

(d) Ductility test

(e) Solubility test

(f) Loss on heating

(g) Specific gravity

Page | 45
(h) Bitumen Extraction test

2. Tests on Coarse Aggregates

(a) Impact value

(b) Crushing value


(c) Los Angles abrasion

(d) Flakiness / Elongation Index

(e) Water absorption

(f) Specific gravity

(g) Stripping values

3. Tests on Fine Aggregates

(a) Specific gravity.

(b) Bulking

(c) Density

(d) Soundness tests 5 cycles

4. Mix Design

(a) Job mix formulae for any one of MB. DMB, BC, Mix seal etc.

(b) Pavement Quality Concrete (PQC), RCC, PCC.

(c) Marshal stability testing on Bituminous Mixes or hardness test for Mastic
Asphalt on prepared sample.
5. Field Test

(a) Pavement design of sub-grade by CBR method.

(b) GSB Tests

(c) WBM Tests

(d) Laying jointing and pipeline test

(e) Other tests like electrical works as per IS Speciation’s for cables and
materials agreement, speciation’s of contractors.

Page | 46
[Link] tests

1. In addition, the consultant needs to check the manufactures test certificates for
the materials like pipes & fittings, electrical items, steel, cement, Bitumen (for
Grade) etc. The contractor will have to provide these certificates, to the
consultants at the time of inspection.
2. The Consultant shall faithfully conduct tests/checks and sampling required to be
executed as per Andhra Pradesh Standard specifications/ IRC Specifications/
MORTH/ IS/ PH&MED Specifications by the contractors.
3. The Consultant will be fully responsible for the authenticity of the test results
and submit test results in original to the General Manager (E), QC-wing without
any hindrance of work.
4. Assessment about the process involved in the construction, like curing, pitting etc.

5. Field staff to test with mobile testing equipment for on-site inspections including
required checks of the works.

[Link] List of Equipment

1. Survey Instruments including total station

2. Equipment for condition survey on road and bridges

3. Sieves of all sizes i/c sieve shaker and balances of required capacity

4. Cube strength testing machine

5. Core cutting machine

6. Equipment for cement testing

7. USPV (Ultra Sonic Pulse Velocity) Meter

8. Moister Meter

9. Hammer of all sizes required/used in building work

10. Rebound hammer

11. Leak Detection Equipment

Page | 47
12. Other miscellaneous equipment such as Screwdriver, Plumb bob, Ovens, Slump
Cone, Graduated Measuring Cylinders of required capacity, Gauge Tape Vernier
Calipers, Magnifying Glass, Sprit Level, Vibration Table, Dial Gauge etc.
13. Project Specific instrument, if required.
14. Any other specialized tests required, the PMC shall assist CRDA in getting those done
after the approval of CRDA.

1.5. Relevant quality codes:


Refer to relevant Indian Standards (IS Codes) or any international standards for the
relevant codes. In case there is found to be a conflict of such required codes, the
decision of the technical sanctioning authority shall be final.

Page | 48
Appendix III: Overview of physical works undertaken by the APCRDA

Component 1: Amaravati Government Complex and Government Buildings


Development and construction of the Amaravati Government Complex and other housing
projects taken up by the CRDA will be covered under this section. These will enable
seamless functioning of the Government of Andhra Pradesh, its legislative, and judicial
systems. The projects identified in this section are mentioned below:

Sl. No. Name of the work

1 MLA & AIS Housing


2 NGO Housing
3 NGO Housing -Phase-II
4 GO TY-1, 2 & Group D Housing
5 GO TY-1, 2 & Group D Housing - Phase-II
6 Bungalows for Principal Secretaries & Secretaries
7 Bungalows for Minister & Judges
8 Judicial Complex
9 AGC Infrastructure
10 High Court
11 Secretariat and HOD Towers
12 Assembly

Component 2: Trunk Infrastructure Development:


As a part of implementation of Amaravati Capital City Master Plan, ADCL has taken up
Trunk (Tier-I) Infrastructure Works. Total 34 number of Trunk Roads along with utilities
works were taken-up that require immediate funding support. Along these road lines, the
CRDA will take up the following work in this component:
(a) Roads and supporting infrastructure
(b) Storm water drains and canals
(c) Sewage systems
(d) Power infrastructure systems
(e) Reuse water lines
(f) Other necessary infrastructure works

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Component 3: Development of the LPS Zones
All the pooled land in Amaravati capital city has been divided into zones of which 16 zones
are of high priority for execution. For the 16 zones, CRDA has taken up the design and
construction of:
a. Roads
b. Drains
c. Water Supply
d. Sewerage
e. STP
f. Utility Ducts for Power & ICT
g. Reuse waterline
h. Avenue Plantation
i. Street lighting

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Appendix IV: Functional Arrangement – Reporting mechanism and Responsibilities

Reporting Hierarchy – Lower-level reports to the higher-level


Hierarchy Level Party involved
Level 4 Client (PMU/Chief Engineers)
Level 3 PgMC
Level 2 PMCs/Architect/Designer
Level 1 Contractor

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The following roles and responsibilities are provided solely to clarify and distinguish the parties involved, and do not represent the exhaustive list
of activities each is otherwise expected to perform.
Roles and Responsibilities matrix
Task Architect/Designer Construction Contractor PMC PgMC
Primary Role Develops the designs and Executes the actual Monitors the performance Acts as the central monitoring
plans for the infrastructure construction activities at of the contractor to ensure and evaluation body, overseeing
and building projects in the ground level, following construction is carried out all PMCs, Architects/Designers,
consultation with the the designs provided and as per the agreed-upon contractors, and all other
client, ensuring adhering to contract contract and designs, consultants – consolidating data,
compliance with project specifications, quality conducts quality tests, and identifying gaps, suggesting
requirements, legal standards, and legal ensures compliance with interventions, and reporting,
regulations, and any design requirements and taking legal, safety, ensuring that all projects are
modifications throughout up O&M during the DLP environmental, social, and aligned and progressing as
the project along with period. quality standards. planned.
supervision of construction
activities.

Responsibilities
S. Task Architect/Designer Construction Contractor PMC PgMC

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No.
1 Design Develops architectural Makes detailed Good-for- - Monitoring and Evaluation of
development designs based on project Construction drawings the design process and final
requirements (Design, Build, Item rate) deliverables
2 Construction As required by APCRDA, Executes construction Monitors construction Coordinates with PMCs and
Execution will provide advice on activities as per approved activities and checks contractors, and collects weekly
design specification during GFC drawings compliance with designs data for compilation and
construction and contracts assessment
3 Quality - Ensures construction Conducts regular tests in Consolidates testing results from
Assurance and quality as per lab set up at the site and/or PMCs, providing comprehensive
Testing specifications and third-party labs, and quality reports. Performs
periodically performs verifies contractor's work independent testing as and when
quality control checks ensuring quality and required by the client and
compliance provides such feedback.
4 Compliance with Ensures designs meet legal Ensures construction Verifies compliance of the Monitors PMC's reports on
Legal and and regulatory follows legal and contractor's work with compliance. Performs
Regulatory requirements regulatory standards laws and regulations independent tests to verify
including relevant labour compliance from time-to-time
and environment laws and informs the client of any
gaps in implementation and
measures for improvement

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5 Environmental Ensure that the designs Ensure compliance to the Reviews and provides Consolidates and reports the
and Social accommodate best Environmental and Social comments on the comments from all PMCs
Management environmental and social Management Plan during Environmental and Social regarding the compliance of the
Plan standards and practices construction and DLP Management Plan Environmental and Social
period submitted by the Management Plan to the
contractor to ensure their Environmental and Social
effective implementation Management Unit (ESMU) and
at site and certify informs gaps and measures for
successful implementation improvement, if any
of the same
6 Contract - Adheres to contract terms Ensures contractor's Oversees contract compliance of
Management and deliverables adherence to the contract PMCs and contractors
7 Risk/ - Ensure that the Monitors all project- Aggregates risk/OHS data as
Occupational construction activities are related risk/OHS factors well as calculates and analyzes
Health and Safety performed by effective and suggests and ensures risk for all APCRDA activities
Management implementation safety implementation of along with providing mitigation
protocols/procedures to corrective measures from measures
mitigate time-to-time
incidents/accidents for the
Workers/Staff/visitors

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8 Coordination and Coordinates with the Apprises progress to  Monitoring day-to-day Central point of communication
Communication contractor to clarify design Client and PMC and affairs of the contractor with all PMCs, providing client
details as required receives instructions from and giving QA/QC updates
them from time-to-time for instructions to ensure
improvements quality
 Reporting the day-to-day
progress of the project to
APCRDA and PgMC as
required
9 Reporting - Reports day-to-day affairs Prepares detailed reports Consolidates all reports from
to PMC on contractor's PMCs and provides a summary,
performance and progress gaps, and measures for
and reports the same to improvements to the client
APCRDA and PgMC
10 Result Areas of - Provide data and support Ensure monitoring and  Ensure accomplishment of all
multilateral to PMCs as and when compliance to all relevant relevant result areas of
agencies required for relevant result areas of multilateral multilateral agencies and
Result Areas of agencies for each project provide weekly updates to the
multilateral agencies and provide monthly client along with monthly
reports on the progress progress reports.
made.

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Provide data and reports to  Quarterly DLIs
the PgMC as and when accomplishment report
required submission to Strategy
Department and also to
support IVA for verification of
the same

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VOLUME II : INSTRUCTIONS TO BIDDERS (ITB)

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1. GENERAL

1.1 Scope of Bid

1.1.1
The Authority invites Bids for the Services described in these Bidding Documents, in
accordance with the procedures, conditions and contract terms prescribed in the Bidding
Document.
1.1.2
The title and identification number of the Notice Inviting Bids (NIB), resulting Contract(s),
and brief description of service are provided in the BDS.
1.1.3
The schedule of bidding process is as specified in the BDS.
1.1.4
The successful bidder will be expected to complete its performance within the period stated in
the BDS.
1.1.5
Bidder must be ready to accept the extension of the contract by a further period specified in
the BDS on the same terms and conditions, if so desired by Authority.
1.1.6
The Official Website and the address of Authority's Office for the purpose of this Bidding
Document shall be as specified in the BDS.
1.1.7
If the BDS so provides, alternative procedures forming part or all of what is commonly known
as e-Tendering are available to the extent specified in, or referred to by, the BDS.
1.1.8
The Bidding documents can be obtained from the [Link] website. The
bidder would be required to pay the processing fee and transaction fee, as mentioned in the
BDS, online at the [Link] website, while submitting a proposal.
1.1.9
Throughout these bidding documents, the definitions in the Conditions of Contract shall apply;
Services refer to Activity Schedule; Authority refers to employer, buyer, Client and owner; and
Consultant refers to supplier, seller, Service Provider and vendor.
1.1.10

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Throughout the Bidding Documents, the term "in writing" means communicated in written
form (e.g. by mail, e-mail, fax, telex) with proof of receipt, and the term "days" means
calendar days unless a different meaning is evident from the context.
1.1.11
The Consultants must ensure that the Key Personnel team proposed to be engaged for this
project are engaged full-time on this project.

1.2 General Instructions

1.2.1
Any entity which has been barred by the Central Government, any State Government, a
Statutory Authority or a public sector undertaking, as the case may be, from participating in
any project and the ban subsists as on the date of Bid, would not be eligible to submit a Bid.
1.2.2
This Bidding Document is not transferable.
1.2.3
Any award of contract pursuant to this Bidding Document shall be subject to the terms of
Bidding Document.
1.2.4
The statements and explanations contained in this Bidding Document are intended to provide a
better understanding to the Bidders about the subject matter of the Bid for which this Bidding
Document is issued and it should not be construed or interpreted as limiting in any way or
manner the scope of services and obligations of the bidder set forth in the Bidding Document
or the Authority's rights to amend, alter, change, supplement or clarify the scope of work, the
assignment to be awarded pursuant to this Bidding Document or the terms thereof or herein
contained. Consequently, any omissions, conflicts or contradictions in the Bidding Document
including this document are to be noted, interpreted, and applied appropriately to give effect
to this intent, and no claims on that account shall be entertained by the Authority.
1.2.5 Liability
The Authority shall not be liable for any omission, mistake, or error in respect of any of the
above or on account of any matter or thing arising out of or concerning or relating to tender
document, the Bidding Document, or the Bidding Process, including any error or mistake
therein or in any information or data given by the Authority.
1.2.6
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By submitting a proposal, the Bidder agrees to promptly contract with the Authority for any
work awarded to the Bidder. Failure on the part of the awarded Bidder to execute a valid
contract with the Authority's due date will relieve the Authority of any obligation to the
Bidder, and a different Bidder may be selected.
1.2.7
Any additional or different terms and conditions proposed by the Bidder would be rejected
unless expressly assented to in writing by the Authority.
1.2.8
The Bidders shall adhere to the terms of this Bidding Document and shall not deviate from
the same. If the Bidders have absolutely genuine issues only then should they provide their
nature of non-compliance to the same. The Authority reserves its right to not accept such
deviations to the Tender terms, in its sole and absolute discretion, and shall not be obliged to
furnish any reason for exercising such right.
1.2.9
Responses received become the property of the Authority and can't be returned. Information
provided by each Bidder will be held in confidence, and will be used for the sole purpose of
evaluating a potential business relationship with the Bidder.
1.2.10 Contacts during Bid Evaluation
Bids shall be deemed to be under consideration immediately after they are opened and until
such time the Authority makes official intimation of award/ rejection to the Bidders. While
the Bids are under consideration, Bidders and/ or their representatives or other interested
parties are advised to refrain, save and except as required under the Bidding Document, from
contacting by any means, the Authority and/ or their employees/ representatives on matters
related to the Bids under consideration.
1.2.11 Prohibited Practices
For the purposes of this bid the Authority,
(a) defines “Prohibited Practice" to comprise of any or all the following terms collectively
(i) Corrupt practice means (i) The offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected with
the Selection Process (for avoidance of doubt, offering of employment to or employing
or engaging in any manner whatsoever, directly or indirectly, any official of the
Authority who is or has been associated in any manner, directly or indirectly with the
Selection Process or the LOA or has dealt with matters concerning the Agreement or

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arising there from, before or after the execution thereof, at any time prior to the expiry
of one year from the date such official resigns or retires from or otherwise ceases
to be in the service of the Authority, shall be deemed to constitute influencing the
actions of a person connected with the Selection Process); Or (ii) Save and except as
permitted under the Clauses relating to Bid Security (EMD)/Performance security of
this Bidding Document as provided herein, engaging in any manner whatsoever,
whether during the Selection Process or after the issue of the LOA or after the
execution of the Agreement, as the case may be, any person in respect of any matter
relating to the Project or the LOA or the Agreement, who at any time has been or is a
legal, financial or technical consultant/ adviser of the Authority in relation to any
matter concerning the Project;
(ii) Fraudulent practice means a misrepresentation or omission of facts or disclosure of
incomplete facts, in order to influence the Selection Process;
(iii) Coercive practice means impairing or harming or threatening to impair or harm,
directly or indirectly, any persons or property to influence any person's participation
or action in the Selection Process;
(iv) Undesirable practice means establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or
in any manner influencing or attempting to influence the Selection Process;
(v) Restrictive practice means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Selection Process.

(b) will reject a proposal for award if it determines that the bidder recommended for award has,
directly or through an agent, engaged in prohibited practices in competing for the contract
in question; and
(c) will blacklist consultant or individual, including declaring ineligible, either indefinitely or
for a stated period of time, to be awarded a contract if it at any time determines that the
Consultant has, directly or through an agent, engaged in prohibited practices in bidding
for, or in executing, a contract of the Authority.
(d) Besides above, the Government of Andhra Pradesh, World Bank and Asian Development
Guidelines anti-corruption guidelines will apply to this RfP and Contract (Volume IV:
Corrupt & Fraudulent Practices). It is binding on the selected bidder to comply with all
applicable clauses applicable to the APCRDA, from time to time as amended.

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(e) The bidders participating in the Program activities shall submit a self-declaration stating
that the firm is not subject to ineligibility or has not been sanctioned under (i) the World
Bank system of debarment and cross-debarment.
(f) The list of ineligible firms or individuals may be accessed at the following websites:
[Link] ; [Link]
(g) Consultant’s Code of Conduct:
All the consultant and sub-consultant’s personnel must sign and follow the code of conduct
(Appendix 9 to VOLUME V: Conditions of Contract)

1.2.12 Cost of Bid


The Bidders shall be responsible for all the costs associated with the preparation of their Bids
and their participation in the Bidding Process. The Authority will not be responsible or in any
way liable for such costs, regardless of the conduct or outcome of the Bidding Process.

1.2.13 Payments to APCRDA


The payments to be made by the bidders to APCRDA, the amounts payable, and the method of
payment are mentioned in the BDS.

1.2.14 Definitions and Acronyms


 “ITB" means Instructions to Bidders, “BDS" means Bid Data Sheet,
 “Paragraph" or “Para" refers to the paragraph number in the ITB or BDS,
 “Sub-para" or “Sub-paragraph" refers to the sub paragraph of a para of ITB or BDS,
 “Clause" or “Sub-Clause" refer to those in General Conditions of Contract (GCC) or Special
Conditions of Contract (SCC).
 “Sexual Exploitation and Abuse” “(SEA)” means the following:
 Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability,
differential power, or trust, for sexual purposes, including, but not limited to, profiting
monetarily, socially, or politically from the sexual exploitation of another;
o Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions; and
o “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature by the
Contractor’s Personnel with other Contractor’s or Employer’s Personnel.

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o “GBV” means Gender Based Violence
o All Standard Operating Procedures (SOPs) issued by APCRDA from time to time will
be binding on all Consultants / Contractors for observing compliance.
o ‘World Bank’: means the International Bank for Reconstruction and Development
(IBRD) or the International Development Association (IDA).
 ‘Anti-Corruption Guidelines’: The guidelines as mentioned in Volume IV of the bid document
 “The ADB” means the Asian Development Bank.

1.3 Eligibility:
1.3.1
This invitation for bids is open to service providers of specified in the BDS.

1.3.2
Proposals not complying with the `Eligibility criteria' are liable to be rejected and will not be
considered for further evaluation. The proposal should adhere to the minimum eligibility
criteria specified in the BDS.

1.3.3
If a pre-qualification process has been undertaken for the Contract(s) for which these Bidding
Documents have been issued, only those Bidders may participate that had been pre-qualified
and continue to meet the eligibility criteria of this Paragraph ITB.

1.3.4
A Consultant or other entity that is ineligible according to any of the provisions of this
bidding documents, may also not participate as a Joint Venture partner, or as Sub-contractor
for or supplier of goods, works or services. If a bid becomes materially incomplete after
removing ineligible entities, the bid may be disqualified.

1.3.5
Bidders shall provide such evidence of their continued eligibility satisfactory to the Client, as
the Client shall reasonably request.

1.3.6
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The Applicant should not have been blacklisted by the World Bank or theAsian Development
Bank.
Lists of blacklisted agencies can be found at -

WorldBank:[Link] debarred-firms;

ADB: [Link]

1.4 QUALIFICATIONS

1.4.1 By submission of documentary evidence in its bid, the Bidder must establish to the
Client's satisfaction:

(a) that it has the financial, technical, and production or performance capability necessary to
perform the Contract, meets the qualification criteria specified in the BDS, and has a
successful performance history. If a pre-qualification process has been undertaken for the
Contract(s) for which these Bidding Documents have been issued, the Bidder shall, as part
of its bid, update any information submitted with its application for pre-qualification;

1.5 PRE-BID MEETING AND/OR SITE VISIT

1.5.1
Bidders are encouraged to submit their respective Bids after visiting the site locations and
ascertaining for themselves the site conditions, infrastructure, and other available resources.
The costs of visiting the site or sites shall be borne by the Bidder.

1.5.2 It shall be deemed that by submitting a Bid, the Bidder has:

[Link] Made a complete and careful examination of the Bidding document;


[Link] Received all relevant information requested from the Authority;
[Link] Accepted the risk of inadequacy, error or mistake in the information provided in the
Bidding Document or furnished by or on behalf of the Authority relating to any of
the matters referred to sub-para in “General Instructions" paragraph ITB;
[Link] Satisfied itself about all matters, things and information including matters referred
to in, necessary and required for submitting an informed Bid, implementation of the
Proposal in accordance with the Bidding Document and performance of all of its
Page | 64
obligations there under;
[Link] Acknowledged and agreed that inadequacy, lack of completeness or in correctness
of information provided in the Bidding Document or ignorance of any of the matters
refer to General Instructions" paragraph ITB, shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss
of profits etc. from the Authority, or a ground for termination of the Agreement by
the bidder;
[Link] Agreed to be bound by the undertakings provided by it under and
in terms hereof.
[Link] Bidders shall have the opportunity to clarify doubts pertaining to the Bidding
Document in order to clarify any issues they may have prior to finalizing their
responses in the pre- bid conference. Responses to inquiries and any other
corrections and amendments will be made available on the AP e-Procurement
website as addenda to this Bidding Document.

1.5.3 Correspondence with the Bidder

Save and except as provided in this document, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any Bid. The Authority
may, in its absolute discretion, seek additional information or material from any Bidders after
the bid due date and all such information and material provided must be taken to form part of
that Bidders response.

1.5.4

The Authority shall be under no obligation to accept the lowest or any other offer received in
response to this Bidding Document and shall be entitled to reject any or all offers including
those received late or incomplete offers without assigning any reason whatsoever. The
Authority reserves the right to make any changes in the terms and conditions of purchase. The
Authority will not be obliged to meet and have discussions with any Bidder, and / or to respond
to any representations.

2 BIDDING DOCUMENTS

2.1 Contents of Bidding

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2.1.1 Documents
The Bidding Document comprise the documents listed in in the BDS and addenda issued in
accordance with “Amendment of Bidding Document" ITB.
2.1.2
The bidder is expected to examine the Bidding Document, including all instructions, forms,
contract terms and specifications. Failure to furnish all information required by the Bidding
Document, or submission of a bid not substantially responsive to the documents in every
respect, will be at the bidder's risk and may result in the rejection of its bid.
2.1.3
The Invitation for Bids is not formally part of the Bidding Documents and is included for
reference only. In case of inconsistencies, the actual Bidding Documents shall prevail.

2.2 Clarifications
2.2.1
The Authority on its own motion, if deemed necessary, issue interpretations and clarifications to
all Bidders as per (vii) of “Pre-bid meeting and” or Site Visit" Para ITB. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the Bidding Document.
Verbal clarifications and information given by the Authority, or its employees or
representatives, shall not in any way or manner be binding on the Authority.
2.3 Amendment of Bidding Document
2.3.1
At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its own
initiative or in response to clarifications requested by a Bidder, modify the Bidding Document
details by the issuance of Addenda.
2.3.2
Any addendum issued hereunder will be in writing/updated on the AP e-Procurement website.
2.3.3
In order to afford the Bidders a reasonable time for taking an addendum into account, or for
any other reason, the Authority may, in its sole discretion, extend the Bid Due Date.

3 PREPARATION OF BIDS
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3.1 Language of bids

3.1.1
The bid prepared by the Bidder and all correspondence and documents related to the bid exchanged
by the bidder and the Authority shall be written in English Language.

3.2 Documents Comprising the Bid


3.2.1
The bid submitted by the Bidder shall comprise the following:
(a) A Bid Form (Form T1) completed and signed by a person or persons duly authorized to
bind the Bidder to the Contract with the following attachments:
(i) Attachment Form T2: Bid Security (EMD) furnished in accordance with “Bid Security
(EMD)" of ITB.
(b) The Technical part attachments consisting of the following:
(i) Attachment Form T3: Bidder's Particulars and Eligibility Criteria (in the format
indicated in Volume II (iv)), duly completed by the bidder in the manner supported
by documentary evidence as specified therein, establishing that the bidder satisfies the
eligibility criteria referred to in “Eligibility" 1.3 ITB and is otherwise eligible to
perform the contract if its bid is accepted;
(ii) Attachment Qualifications of the bidder Documentary evidence establishing to the
Authority's satisfaction, and in accordance with ITB “Qualifications", that the bidder
has the requisite experience to qualify. The Bidder must provide evidence on any
changes in the information submitted as the basis for pre-qualification or, if there has
been no change at all in said information, a statement to this effect;
(iii) Attachment Form T4-T6:(Qualification of the Bidder)-Similar Work Experience,
Personnel Capabilities, Candidates Summary.
(iv) Attachment Form T7: Bid process check list: check list and declaration to be filled
and signed by competent authority
(v) Attachment Form T8: Self-evaluation form – Similar Project experience
(vi) Attachment Form T9: Self-evaluation form – Key Professional Staff
(vii) Other Technical Attachments- any information or other materials required to be
completed and submitted by the bidders in accordance with these Bidding Documents
and specified in the BDS.
(c) The Financial part attachments consisting of the following:
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(i) Attachment Form F1: The Price Bid Form and breakups in Form F2, F3 and F4 (in
the format indicated in Volume II, duly completed by the bidder in the manner and
detail indicated therein and in accordance with the requirements of “Bid Prices" ITB);
(ii) Other Financial Attachments- any information or other materials required to be
completed and submitted by the bidders in accordance with these Bidding Documents
and specified in the BDS.

3.2.2
The bidder shall submit offers which comply with the requirements of the Bidding Documents,
including the basic technical requirements as indicated. The attention of bidders is drawn to the
provision of 2.1.2 of “Contents of Bidding Documents" paragraph ITB regarding the rejection
of bids which are not substantially responsive to the requirements of the Bidding Documents.
Alternatives will not be considered unless permitted in 3.2.3 below.

3.2.3
When alternatives are explicitly invited or permitted, a statement to that effect will be included
in the BDS, as will the submission requirements and the methods for evaluating such
alternatives.

3.2.4
The Financial Bid should be furnished in the format at Price Bid form clearly indicating the bid
amount in both figures and words, in Indian Rupees, and signed by the bidder's authorized
signatory. In the event of any difference between figures and words, the amount indicated in
words shall be taken into account.

3.3 BID PRICES

3.3.1
Unless specified otherwise in the BDS, the contract shall be for all the services referred to in
1.1.1 “Scope of Bid" ITB, based on the price schedules submitted by the bidder as part of the
financial bid.

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3.3.2
The bidder shall fill in price break-up for all cost items of the service. Prices indicated on the
price schedules shall be entered separately in the manner and detail specified therein and in
accordance with the other requirements specified in these documents.

3.3.3
Unless specified in the BDS, prices quoted by the bidder shall be fixed during the bidder's
performance of the Contract and not subject to variations on any account. A bid submitted with
an adjustable price quotation which is not consistent with this paragraph ITB shall be rejected
by the Authority as non-responsive.

3.4 BID CURRENCY

Prices shall be quoted in Indian Rupees.

3.5 VALIDITY OF BIDS

3.5.1
Bids shall remain valid, at a minimum, for the period specified in the BDS after the deadline
date for bid submission prescribed by the Client, pursuant to “Due Date for Submission of
Bids" 4.1 of ITB. A bid valid for a shorter period shall be rejected by the Client as non-
responsive. For the convenience of Bidders, the BDS spells out the minimal original expiration
dates for the validity of the bid. However, Bidders are responsible for adjusting the dates in the
BDS in accordance with any extensions to the deadline date of bid submission pursuant to 4.1.2
of “Due Date for Submission of Bids" para of ITB.

3.5.2
In exceptional circumstances, prior to expiry of the bid validity period, the Client may request
that the Bidders extend the period of validity for a specified additional period. The request and
the responses to the request shall be made in writing. A Bidder may refuse the request without
risking execution of the Bid-Securing Declaration or forfeiting the Bid Security (EMD), but in
this case the bid will be out of the competition for the award. Except as provided in 3.5.3 of
this para ITB, a Bidder agreeing to the request will not be required or permitted to modify its
bid but will be required to ensure that the bid remains secured for a correspondingly longer
period, pursuant to 3.6.2 of “Bid Security (EMD)" para of ITB.

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3.5.3

In the case of fixed price contracts, if the award is delayed by a period exceeding sixty (60)
days beyond the expiry of the initial bid validity, the contract price will be adjusted as specified
in the request for extension. Bid evaluation will be based on the bid prices without taking into
consideration the above correction.

3.6 BID SECURITY (EMD)

3.6.1
The Bid Security (EMD) is required to protect the Authority against the risk of the bidder's
conduct which would warrant the forfeiture of the security, pursuant to 3.6.6 of this paragraph
ITB. The Authority shall not be liable to pay any interest on the Bid Security (EMD) deposit
so made and the same shall be interest free. Any Bid not accompanied by the Bid Security
(EMD) shall be summarily rejected by the Authority as non-responsive.

3.6.2

The Bidder shall furnish as part of its Bid, a Bid Security (EMD). The
(a) amount;
(b) form;
(c) period of validity beyond the bid validity date, as extended, if applicable, and
(d) the time period within which the Bid Security (EMD) of the unsuccessful bidders will be
returned are as specified in the BDS.

3.6.3

The Bid Security (EMD) of a Joint Venture shall be issued in the name of the Joint Venture
submitting the bid provided the Joint Venture has legally been constituted, or else it shall be
issued in the name of all partners proposed for the Joint Venture in the bid. Sanctions due to a
breach of the terms of a Bid Security (EMD) pursuant to 3.6.6 of this para ITB will apply to all
partners to the Joint Venture.

3.6.4
The Authority shall be entitled to forfeit and appropriate the Bid Security (EMD) as Damages
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inter alia in any of the events specified in 3.6.6 of this para ITB. The Bidder, by submitting its
Bid pursuant to this notification shall be deemed to have acknowledged and confirmed that
the Authority will suffer loss and damage on account of withdrawal of its Bid or for any other
default by the Bidder during the period of Bid validity as specified in the bid data sheet in this
Bidding Document. No relaxation of any kind on Bid Security (EMD) shall be given to any
Bidder.

3.6.5
Unless executed or forfeited pursuant to 3.6.6 of this para ITB, Bid Securities, if any, will be
returned, without any interest, as promptly as possible, and within the time period specified at
3.6.2 “Bid Security (EMD)" ITB.,
(a) all Bidders upon annulment of the bidding pursuant to “Authority's Right to Accept any
Bid or Reject any or all Bids" ITB;
(b) Bidders refusing a request to extend the period of validity of their bids pursuant to 3.5.2
“Validity of Bids" ITB;

(c) the successful Bidder once it has signed the Contract Agreement and furnished a valid
Performance Security as required. The Authority may, at the Selected Bidder's option,
adjust the amount of Bid Security (EMD) in the amount of Performance Security to be
provided by him in accordance with the provisions of the Bidding Document;
(d) the unsuccessful Bidders at the same time as in (c), that is, when they are informed about
the successful establishment of the contract with the successful Bidder.

3.6.6

The Bid Security (EMD) shall be forfeited as Damages without prejudice to any other right or
remedy that may be available to the Authority under the Bidding Document and/ or under the
Agreement, or otherwise, under the following conditions
(a) In case of a Bidder
(i) If he submits a non-responsive bid, or
(ii) If he engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice, or restrictive practice as specified in the 1.2.11 of “General
Instructions" Para ITB, or
(iii) If he withdraws his Bid during the period of Bid validity as extended by mutual
consent of the respective Bidder(s) and the Authority;

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(b) In the case of Selected Bidder, if he fails within the specified time limit
(i) To sign and return the duplicate copy of LOA, or
(ii) To sign the Contract agreement pursuant to “Contract Signing" 6.5.1 ITB or
(iii) To furnish the Performance Security within the period prescribed in the agreement,
or
(iv) Having signed the Contract agreement, commits any breach thereof prior to
furnishing the Performance Security.

3.6.7

If a Bid Security (EMD) is not required in the BDS, and


(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on
the Letter of Bid Form, except as provided in 3.5.2 “Period of Validity of Bids” ITB, or
(b) if the successful Bidder fails to sign the Contract in accordance with “Contract Signing and
Performance Security" para ITB; or furnish a performance security in accordance with
“Contract Signing and Performance Security" 6.5 ITB; the Borrower may, black-list or
debar the bidder for a period of time as stated in the BDS from participating in future bids
of the Authority.

3.6.8

A Bidder shall be liable for disqualification and forfeiture of Bid Security (EMD) if any legal,
financial or technical adviser of the Authority in relation to the Work is engaged by the
Bidder, in any manner for matters related to or incidental to the implementation of this work
during the Bidding Process or subsequent to the
(i) Issue of the LOA or
(ii) Execution of the Contract agreement.

In the event any such adviser is engaged by the Selected Bidder, after issue of the LOA or
execution of the Contract Agreement, for matters related or incidental to the Scheme, then
notwithstanding anything to the contrary contained herein or in the LOA or the Contract
agreement and without prejudice to any other right or remedy of the Authority, including the
forfeiture and appropriation of the Bid Security (EMD) or Performance Security, as the case
may be, which the Authority may have there under or otherwise, the LOA or the Agreement,

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as the case may be, shall be liable to be terminated without the Authority being liable in any
manner whatsoever to the Selected Bidder for the same.
For the avoidance of doubt, this disqualification shall not apply where such adviser was
engaged by the Bidder, in the past but its assignment expired or was terminated 6 (six) months
prior to the date of issue of this bid notification. Nor will this disqualification apply where such
adviser is engaged after a period of three years from the date of operation of this
Proposal/Assignment.

4 SUBMISSION OF BIDS

4.1 Due Date for Submission of Bids

4.1.1
Bids shall be submitted to the Authority through the AP e-Procurement Portal, no later than
the Bid Due Date.

4.1.2
The Authority may in its sole discretion, extend the Bid Due Date by issuing an Addendum in
accordance with “Amendment of Bidding Documents" 2.3 ITB in which case all rights and
obligations of the Authority and the bidder's previously subject to the original due date will
thereafter be subject to the due date as extended.

4.1.3
No Bidder shall submit more than one Bid for this Proposal.

4.1.4 Submission of Hard copies


The bidders are requested to submit the originals of Bid Security (EMD) to the Authority before
the closing date of the bid either personally or through courier or by post and the receipt of the
same within the due date shall be the responsibility of bidder. The department shall not take
any responsibility for any delay or non-receipt. If any of the documents furnished by the bidder
is found to be false/fabricated/bogus, the bidder is liable for blacklisting, forfeiture of the EMD,
cancellation of work and criminal prosecution.

The bidder is requested to get a confirmed acknowledgement from the Authority as a proof of
the hard copies submitted. The bidder must attach the required documents after uploading the
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same as required by Tender Inviting Authority in its tender conditions.

4.2 Modifications, Substitution and Withdrawal of Bids

(i) The Bidder may modify, substitute, or withdraw its e- bid, prior to the Bid Due Date.
No Bid shall be modified, substituted, or withdrawn by the Bidder on or after the Bid
Due Date.

(ii) Any alteration/ modification in the Bid or additional information supplied subsequent
to the Bid Due Date, unless the same has been expressly sought for by the Employer,
shall be disregarded.

(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and
upload / resubmit digitally signed modified bid.

(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal
and can withdraw its e-bid.

(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a bid
for any reason, bidder cannot re-submit e-bid again.

5 BID OPENING AND EVALUATION

5.1 Opening of Bids

5.1.1
The Client will open all bids, including withdrawals, substitutions, and modifications, at the
time, on the date and at the place specified in the BDS.

5.1.2
No bid modification shall be permitted unless the corresponding modification notice contains
a valid authorization to request the modification and is read out at bid opening. Only bids that
are opened and read out at bid opening shall be considered further.

5.1.3
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Technical bids shall be opened one at a time, reading out: the name of the Bidder and whether
there is a modification; the presence or absence of a Bid Security (EMD) if one was required,
the details of the technical bid attachments;

5.1.4
Bids and modifications that are not opened and read out at bid opening shall not be
considered for further evaluation, irrespective of the circumstances.

5.1.5
After the technical evaluation is complete, the financial bids of all the technically qualified
bidders will be opened in the presence of the qualified bidders. The bidders' names, the bid
prices, the prices of any alternative (if alternatives have been requested or permitted) any
discounts, bid deviations, and such other details as the Authority may consider appropriate,
will be announced by the Authority at the time of financial bid opening. Any bid price,
discount or modification that is not read out and recorded at bid opening will not be
considered for bid evaluation, irrespective of the circumstances.

5.1.6
The Client will prepare minutes of the bid opening, including the information disclosed to
those present in accordance with 5.1.2 “Opening of Bids" ITB. The minutes will promptly be
distributed to all Bidders that met the deadline for submitting bids.

5.2 CONFIDENTIALITY

5.2.1
The document including this Bidding Document and all attached documents, provided by the
Authority are and shall remain or becomes the property of the Authority and are transmitted to
the Bidders solely for the purpose of preparation and the submission of a Bid in accordance
herewith. Bidders are to treat all information as strictly confidential and shall not use it for
any purpose other than for preparation and submission of their Bid. The provisions of this
Clause shall also apply mutates (with the necessary changes in points of detail) to Bids and
all other documents submitted by the Bidders, and the Authority will not return to the Bidders
any Bid document, or any information provided along therewith.
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5.2.2
Information relating to the examination, clarification, evaluation and comparison of bids, and
recommendation for the award of contract, shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising the
Authority in relation to or matters arising out of, or concerning the Bidding Process, until the
award to the successful bidder has been announced. The Authority will treat all information,
submitted as part of the Bid, in confidence and will require all those who have access to such
material to treat the same in confidence. The Authority may not divulge any such information
unless it is directed to do so by Applicable Laws or judicial or administrative or arbitral process
or by any governmental instrumentalities or any statutory entity that has the power under law
to require its disclosure or is to enforce or assert any right or privilege of the statutory entity
and/ or the Authority or as may be required by law or in connection with any legal process.

5.2.3
The bid evaluation process up to the award of a contract is confidential.

5.2.4
Any effort by a bidder or its agents to influence the Authority's evaluation of bids or award
decision, including the offering or giving of bribes, gifts, or other inducement, may result in
the invalidation of its bid and the forfeiture of its Bid Security (EMD), pursuant to 3.6.6 of
“Bid Security (EMD)" ITB.

5.3 Clarifications

5.3.1
To assist in the examination, evaluation and comparison of bids, the Authority may, at its sole
discretion, ask any bidder for clarification of its bid, including breakdowns of its prices. Such
clarification may be requested at any stage up to the contract award decision. Requests for
clarification and the responses shall be in writing or by fax and no change in the price or
substance of the bid shall be sought, offered, or permitted except as required to confirm the
correction of arithmetic errors discovered by the Authority in the evaluation of the bids in
accordance with “Preliminary Examination of Bids" 5.4 ITB.

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5.3.2
If the Bidder does not provide clarifications sought for under 5.3 of this para ITB, within the
specified time, its Bid shall be liable to be rejected. Any such verification or lack of such
verification, by the Authority shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of the Authority there under.

5.4 Preliminary Examination of Bids

5.4.1
Prior to the detailed evaluation of bids, the Authority will examine the bids to determine for
each bid whether:
(a) it is complete;
(b) the documents have been properly signed;
(c) it is accompanied by the required bid securities;
(d) it is substantially responsive to the requirements of the bid documents; and
(e) any computational errors have been made.
The Authority may require the bidder to provide any clarification and/or substantiation to
determine responsiveness pursuant to 5.4.4 of this para ITB. In the case where a pre-
qualification process has been undertaken for the Contract(s) for which these Bidding
Documents have been issued, the Client will ensure that each bid is from a pre-qualified
Bidder, and in the case of a Joint Venture, that partners and structure of the Joint Venture are
unchanged from those in the pre-qualification.

5.4.2
Arithmetical errors will be rectified on the following basis. If there is a discrepancy between
the unit price and the total price, which is obtained by multiplying the unit price and quantity,
or between added or subtracted subtotals and totals, the unit or subtotal price shall prevail and
the total price shall be corrected, unless in the opinion of the Client there is an obvious
misplacement of the decimal point in the unit or subtotal prices, in which case the line item
total as quoted shall govern and the unit price or sub-total shall be corrected. If there is a
discrepancy between words and figures, the amount in words shall prevail, unless the
discrepancy is the result of a typo/error for which the correction is self-evident to the Client.
If the Bidder with the Lowest Evaluated Bid does not accept the correction of errors, the bid

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shall be rejected. This will be considered as invalidating its bid and the Bid Security (EMD)
may be forfeited pursuant to 3.6.6 of “Bid Security (EMD)" para ITB.

All items in the financial bid must be priced. If a bidder has included the price of the main
activities/items, this must be clearly stated and a price of zero must be entered for the
respective associated activities/items.

If a bidder fails to price activities/ items that are not the primary subject of the bid and the
omission is judged to be non-material in accordance with 3.5.3 of this para ITB, the bid price
will be adjusted for such omission in accordance with 5.5.2(c)(iv) “Evaluation and Comparison
of Bids" para ITB for evaluation purposes only.

5.4.3
The Client may waive any minor informality, nonconformity, or irregularity in a bid that does
not constitute a material deviation, provided such waiver does not prejudice or affect the
relative ranking of any Bidder.

5.4.4
Prior to the detailed evaluation, the Client will determine whether each bid is of acceptable
quality, is complete, and is substantially responsive to the Bidding Documents. For purposes
of this determination, a substantially responsive bid is one which conforms to all the terms,
conditions, and specifications of the Bidding Document without material deviation,
reservation or omission. A material deviation, reservation or omission is one:
(a) which affects in any substantial way the scope, quality, or performance of the contract;
(b) which limits in any substantial way, inconsistent with the Bidding Document, the
Authority's rights or the bidders' obligations under the contract; or
(c) the rectification of which would affect unfairly the competitive position of other bidders
presenting substantially responsive bids.
5.4.5
Prior to evaluation of Bids, the Authority will determine whether each bid is responsive to the
requirements of the Bidding Document. The Authority may, in its sole discretion, reject any
bid that is not responsive hereunder. A Bid shall be considered responsive only if:
(a) The Technical Bid is received in the form specified in “Documents Comprising the Bid"

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(b) It has been received by the Bid Due Date or its extended due date;
(c) It contains all the information (complete in all respects) as requested in the Bidding
Document;
(d) It does not contain any condition or qualification; and
(e) It is not non-responsive in terms hereof.
The Authority reserves the right to reject any Bid which is non-responsive and no request for
alteration, modification, substitution, or withdrawal shall be entertained by the Authority in
respect of such Bid.

5.5 Evaluation and Comparison of Bids.

5.5.1

The method of selection adopted is as given in BDS.

The objective of this evaluation is to facilitate the selection of a successful bidder ensuring
technically superior and professional services at optimal cost. The Client will evaluate and
compare the bids that have been determined to be substantially responsive, pursuant to
“Preliminary Examination of Bids" 5.4 of ITB. The Authority reserves the right to accept or
reject any variation, deviation, or alternative offer which is not submitted in accordance with
the bidding documents. Variations, deviations, alternative offers, and other factors that are in
excess of the requirements of the bidding documents or which otherwise result in unsolicited
benefits for the Authority, shall not be taken into account in bid evaluation.

5.5.2

(a) The Client's evaluation of a bid will be made on the basis of prices quoted in accordance
with ITB “Bid Prices" 3.3.
(b) The estimated effect of any price adjustment provisions under the Conditions of Contract,
applied over the period of execution of the contract, shall not be taken into account in bid
evaluation.
(c) In evaluating the bids, the Authority will determine for each bid, the evaluated bid price
by adjusting the bid price as follows:
(i) making any correction for errors pursuant to \Preliminary Examination of Bids" 5.4
ITB;
(ii) excluding provisional sums and the provision, if any, for contingencies in the price
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schedules;
(iii) making an appropriate adjustment for any other quantifiable acceptable non material
variations, deviations or alternative offers; and
(iv) making appropriate adjustments to reflect additional factors in the manner and to the
extent indicated in the BDS.
(d) Bidders are requested to be prepared to demonstrate, through presentations and / or site
visits, as part of the final evaluation in accordance with the responses given for the
identified requirements, as per schedule of bidding process. The Bidder will arrange such
demonstrations, presentations or site visits at its own cost.
(e) Bidders must not present any reference as credential for which it is not in a position to
present the verifiable facts/documents because of any non-disclosure agreement with its
other customer or any other reason whatsoever. The Authority would not consider any
statement as a credential if same cannot be verified as per its requirement for evaluation.

5.5.3 Evaluation Process Flow

This is a three-step selection process in which the Bidder has to submit the bids in two
separate envelopes at the time of submission of bids. The process is as given below.
(a) In the first step, the Authority shall evaluate the `Eligibility Criteria' and clear all the bids
which pass through the Eligibility scrutiny. In the second step `Technical Bids' shall be
evaluated and based on the outcome of Technical evaluation, `Commercial bids' shall be
opened for the technically qualified proposals only. The final selection will be done based
on Techno-commercial evaluation.
(b) The Authority would display on the AP e-Procurement website the names of those
successful bidders who have qualified in the Technical Evaluation.
(c) A date, time and venue will be notified to those technically successful Bidders for
opening of their Financial Bids on the e-Procurement website. The Authority will not
entertain any query or clarification from Bidders who fail to qualify at any stage of the
Selection Process.
(d) The evaluation by the Authority will be undertaken by a Committee of Officials or/and
representatives formed by the Authority and its decision shall be final.

5.5.4 Evaluation of Eligibility Criteria

(a) Bids submitted by all the bidders would be scrutinized for eligibility as per the `Eligibility
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Criteria' specified in “Eligibility" BDS. Bids not complying with the eligibility criteria are
liable to be rejected and will not be considered for further evaluation.
(b) Successful bids out of this stage would be considered for technical evaluation. Bidders
must submit the proof of all the credentials as required for scrutiny of eligibility criteria.
Claims of the bidders without verifiable facts will not be considered as credentials towards
satisfying eligibility criteria.

5.5.5 Technical Evaluation


a) The technical bids will be evaluated for determining the continued eligibility of the
Bidder for the Work and compliance of the bids with the necessary technical
requirements and scope of work of this Bidding Document.
b) The Authority may seek specific clarifications from any or all the Bidder(s) at this stage.
All the clarifications received within the bid due date shall be considered for evaluation.
In case satisfactory clarifications are not received from the bidders within the bid due
date, the respective technical parameters would be treated as non-compliant and decision
to qualify the bidder shall be accordingly taken by Authority.
c) Technical bids would be evaluated based on the technical evaluation criteria and the
marks with break-up as specified in the BDS.
d) Technical Bids receiving ‘T’ greater than or equal to a score specified in BDS, (cut-off
marks, ‘m’, defined in BDS) will be eligible for further evaluation. The technical and
relative technical scores are evaluated as below:
i. The technical bid will be analyzed and evaluated, based on which the Relative
Technical Score shall be assigned to each bid on the basis of parameters
mentioned above.
ii. Relative Technical Score RSTech for each bidder will be calculated as follows
based on above parameters:
RSTech = T/Thigh 100
Where, RSTech = Relative score obtained by the bidder
T = Technical score obtained by bidder
Thigh = Highest Technical score secured among the Bidders
5.5.6 Commercial Evaluation

(i) In this phase, the Commercial Bids of the Bidders, who are found technically qualified as
stated above in previous phase, will be taken for commercial evaluation.

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(ii) The date for opening of commercial bids will be separately notified on the AP e-
Procurement website.
(iii) The Authority will determine whether the Financial Bids are complete, unqualified and
unconditional. The Financial Bid quoted shall be deemed as final and omissions, if any, in
costing any item shall not entitle the bidder to be compensated and the liability to fulfil its
obligations as per the Bidding Document within the total quoted Financial Bid shall be that
of the Bidder.
(iv) Relative Technical score (RSTech) of the technically qualified bids would be announced
before the representative of the bidders and the commercial bids of those bidders would be
opened for commercial evaluation.
(v) Relative Financial Score (RSfin) for each bidder will be calculated as follows:

RSfin = CLow/C100
Where, RSFin = Relative score for financial Bid of the Bidder
C = Financial bid value of the current Bid (LSF)
CLow = Lowest of financial bid value out of all the financial bids obtained.

5.5.7 Final Selection of the Eligible Bidder

Total Relative Score (RS) obtained by each eligible Bidder will be calculated as follows:

RS = RSTech Technical weightage [insert: WTech from BDS] + RSFin financial


weightage [insert: WFin from BDS]
The Bidder with the highest Relative Score (RS) will be selected subject to all the terms and
conditions defined in this Bidding Document for further discussion prior to finalizing contract.

6 POST QUALIFICATION AND AWARD OF CONTRACT

6.1 Post Qualification


Deleted

6.2 Authority's Right to accept any Bid or Reject any or all Bids

6.2.1
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Notwithstanding anything contained in this document, the Authority reserves the right to
reject any Bid and to annul the Bidding Process and reject all Bids at any time without any
liability or any obligation for such acceptance, rejection, or annulment, and without assigning
any reasons thereof.

6.2.2
The Authority reserves the right not to proceed with the Bidding Process at any time, without
notice or liability, and to reject any Bid without assigning any reasons. The Authority reserves
the right to reject any Bid, disqualify the bidder and appropriate the Bid Security (EMD) if:
(a) At any time before signing of the Agreement or after its execution and during the period
of subsistence thereof, including the Contract thereby granted by the Authority, a material
misrepresentation is made or uncovered, or

(b) The Bidder does not provide, within the time specified by the Authority, the supplemental
information sought by the Authority for evaluation of the Bid. Such misrepresentation/
improper response shall lead to the disqualification of the Bidder. If such disqualification
/rejection occurs after the Bids have been opened and the Selected Bidder has already
been issued the LOA or has entered into the Contract agreement, as the case may be, the
same shall, notwithstanding anything to the contrary contained therein or in this
document, be liable to be terminated, by a communication in writing by the Authority to
the Selected Bidder without the Authority being liable in any manner whatsoever to the
Selected Bidder.
In such an event, the Authority shall be entitled to forfeit and appropriate the Bid Security
(EMD) or Performance Security, as the case may be, as Damages, without prejudice to any
other right or remedy that may be available to the Authority under the Bidding Document
and/ or the Agreement, or otherwise. In the event of the selected bidder being disqualified
/ rejected, then the Authority reserves the right to:

(i) Invite the remaining Bidders to submit their Bids in accordance with the ITB.
Or
(ii) Take any such measure as may be deemed fit in the sole discretion of the Authority,
including annulment of the Bidding Process.

6.2.3
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The Bidder must submit the response exactly in the formats mentioned in this Bidding
document and same should be precise. No irrelevant information shall be provided. All the
credentials, claimed in the response, must be accompanied with necessary proofs. The
Authority would be at discretion to reject the response of the bidder in case any part or whole of
the response document is found to be partially or fully incomplete or confusing or misguiding
or having irrelevant information.

6.2.4
The Authority reserves the right to reject any proposal in case same is found incomplete or
not submitted in the specified format given in this Bidding Document. The Authority would
not give any clarification/explanation to the concerned bidder in case of such rejection.

6.2.5
Authority reserves the right to modify the evaluation process at any time during the Tender
process (before submission of technical and commercial responses by the prospective bidder),
without assigning any reason, whatsoever, and without any requirement of intimating the
Bidders of any such change.

6.2.6
Conditional bid is liable for rejection as a non-responsive Bid.

6.2.7
Bidders are advised that the selection shall be on the basis of an evaluation by the Authority
through the Selection Process specified in this document; And Bidders shall be deemed to
have understood and agreed that no explanation or justification for any aspect of the
Selection Process will be given and that the Authority's decisions are without any right of
appeal whatsoever.

6.2.8
Authority will award the Contract to the successful Bidder whose bid has been determined to
be substantially responsive and has been determined as the best bid, provided further that the
Bidder is determined to be qualified to perform the contract satisfactorily. However,
Authority shall not be bound to accept the best bid or any bid.
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6.2.9
The Authority may at its absolute discretion exclude or reject any proposal that in the
reasonable opinion of the Authority contains any false or misleading claims or statements.
The Authority shall not be liable to any person for excluding or rejecting any such proposal.

6.3 Award Criteria

6.3.1
Subject to “Authority's Right to Accept any Bid or Reject any or all Bids" paragraph of ITB,
the Authority will award the contract to the bidder whose bid has been determined to be
substantially responsive to the Bidding Document and who has achieved the highest
evaluated bid, provided that such bidder has been determined to be qualified to perform the
contract satisfactorily in accordance with the provisions in “Post Qualification" 6.1 of ITB.

6.3.2
The Authority reserves the right at the time of award of the contract to increase or decrease
the quantity/scope of works and/or services specified in the Work, up to the percentage
specified in the BDS, without change in the unit prices for such works and/or services, or other
terms and conditions.

6.3.3
DELETED

6.4 Award Notification, and Contract Signing

6.4.1 Award Notification

(a) Prior to expiration of the period of bid validity, the Authority will notify the successful
bidder by fax, confirmed by registered letter, that its bid has been accepted. The
notification of award shall specify the sum which the Authority will pay the Consultant in
consideration of the execution and completion of the contract.

(b) The notification of award (hereinafter called “the Letter of Acceptance") will constitute

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the formation of the contract.

(c) The Letter of Acceptance (LOA) shall be issued, in duplicate, by the Authority to the
Selected Bidder and the Selected Bidder shall, within 7 (seven) working days of the receipt
of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In
the event the duplicate copy of the LOA duly signed by the Selected Bidder is not received
within the bid due date, the Authority may, unless it consents to extension of time for
submission thereof, appropriate the Bid Security (EMD) of such Bidder as Damages on
account of failure of the Selected Bidder to acknowledge the LOA, and the next eligible
Bidder may be considered.

6.5 CONTRACT SIGNING, AND PERFORMANCE SECURITY

6.5.1 Contract Signing

(a) At the same time that the Authority notifies the successful bidder that its bid has been
accepted, the Authority will send the bidder the contract agreement in the form provided in
the Bidding Document, incorporating all agreements between the parties. After
acknowledgement of the LOA as aforesaid by the Selected Bidder, the Authority shall
cause the Bidder to execute the Contract agreement within the period prescribed in BDS.
The Selected Bidder shall not be entitled to seek any deviation, modification or
amendment in the Contract agreement.
(b) Within period prescribed at sub-paragraph 6.5.1(a) of this para of ITB of receipt of the
contract agreement, the successful bidder shall sign the contract agreement and return it to
the Authority, together with the required performance security.
(c) Upon fulfilment of 6.5.1(b) of this para of ITB, the Authority will promptly notify the
other bidders that their bids have been unsuccessful and their Bid Security (EMD) will be
returned as promptly as possible, in accordance with “Bid Security (EMD)" paragraph of
ITB.

6.5.2 Performance Security

(a) Within the period prescribed at sub-paragraph 6.5.1(a) of this Para of ITB, of receipt of
the Letter of Acceptance from the Authority, the successful bidder shall furnish to the
Authority a performance security in accordance with the Conditions of Contract and in the
form due date in the BDS or in another form acceptable to the Authority.
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(b) Failure of the successful bidder to comply with the requirements of 6.5 “Contract Signing
and Performance Security" ITB shall constitute sufficient grounds for the annulment of
the award and forfeiture of the Bid Security (EMD), in which event the Authority may
make the award to the next highest scored bidder or call for new bids.

6.6 DISPUTE RESOLUTION PROCEDURE

The method of dispute resolution is as indicated in the BDS and the Conditions of Contract.

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VOLUME III: BID DATA SHEET (BDS) AND FORMS

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1.1 Scope of Bid

1.1.2

Title: RFP for Engagement of Project Management Consultant (PMC) for “Completion
of balance works for Multi-Storied Quarters of 18 towers of (S+12) Floors Pattern for
Hon’ble MLAs & Hon’ble MLCs and All India Services officers, 71 Bungalows of (G+1)
floors for Hon’ble Ministers & Hon’ble Judges and 115 Bungalows of (G+1) floors for
AIS Principal Secretaries and AIS Secretaries and Completion of Balance works in
External Infra Development for multi-storied apartment quarters in 14 towers of (S+12)
floors pattern buildings for Gazetted Officers Type-I & Type-II and Group-D officials”
in Amaravati Govt. Complex Village, Amaravati, Andhra Pradesh including DLP of 2
Years.

RFP No: 66/MAU61-USI0HB(BG)/2/2025-HB Dated:28.07.2025

Brief Description of Services: The Project Management Consultant is responsible for


supervision of the timely execution, maintain quality standards and ensure best practices
for the "Project" defined in Vol-1 Scope. Further details on the services can be referred
to in the Volume-I of the document

Resulting Contract: As given in "Volume V - Conditions of Contract".

1.1.3

Schedule of Bidding process Date & Time


(with timelines wherever applicable)
Schedule download start date & Time 30.07.2025
Pre-Proposal Meeting Date, Time and Place 06.08.2025 @12:00Hrs at APCRDA
Office, 4th Floor, Sonovision
Building, Eluru Road, Vijayawada
Schedule download closing Date & time 14.08.2025 @14:00Hrs
Proposal submission closing Date& time 14.08.2025 @15:00Hrs
Technical Proposal Opening Date(Technical Bid stage) 14.08.2025 @14:00Hrs

Tentative date for Technical Presentation To be intimated later

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Tentative Price Proposal opening Date & time 18.08.2025 @10:00Hrs

The RFP would be available on the AP e-Procurement website


[Link]
Any subsequent notifications, changes and amendments in the assignment/documents
would be posted only on the website.

1.1.4

Time period for completion of the project: The Consultancy shall be for a duration of
18 months, until the completion of project including commissioning and handover from
the “effective date” (Date of Signing of Contract), DLP period will be of 24 months.
Subsequent extension of time shall be as per clause 1.1.5 below.

1.1.5

Extension of time period: The contract shall be extended by a duration limited to


maximum period of actual completion of the project (including subsequent extensions
granted to the main project work), subject to approval by the Authority.

1.1.6

Authority's address:
Andhra Pradesh Capital Regional Development Authority (APCRDA),
Lenin Center, Governorpet, Vijayawada-520002. Andhra Pradesh, India
Website: [Link]

1.1.7

AP e-tendering website: [Link]

1.1.8

Bid Processing Fee (Non-Refundable) : INR 25,000 (online payment in e-

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procurement portal)

APTS Transaction Fee (Non-Refundable) : INR 0.03% on the Total Cost + GST
as applicable.

1.2.13
S No Payment Type Amount Payment Method
1 Bid Security (EMD) INR 10,00,000 Bank guarantee/ Insurance Surety
Bond in favor of Andhra Pradesh
Capital Region Development
Authority (APCRDA), Vijayawada
Or
Payment through AP e-Procurement
website
2 Bid Processing Fee INR 25,000 Payment through AP e-Procurement
website
3 Performance 5 (five) percent of Bank guarantee/ Insurance Surety
Security winning bid amount Bond in favor of Andhra Pradesh
Capital Region Development
Authority (APCRDA), Vijayawada

1.3.1
Agencies offering Project Management consulting services for various types of assignments.

1.3.2
Eligibility criteria of service providers:
Bidders must conform to the eligibility criteria given below:
[Link] Eligible Bidders:
S No Parameters Eligibility Criteria Evidence
1) Not Blacklisted The Applicant should not have been Declaration by the bidder.
blacklisted by any State / Central government
authority/ World Bank/Asian Development
Bank
2) Prior Satisfactorily completed assignment in Client or third-party certificate

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Relevant project management consultancy for the stating completion of project by
Experience construction of Residential buildings/ Row bidder OR
Houses/ Residential gated communities/ In case completion certificates
commercial buildings/Industrial are not available –
Buildings/Institutional (1) statement issued from
Buildings; including common external client/Independent agency
development works; with minimum built-up Substantiating physical /
area of 11,14,000 sq. ft. (1.11 million sq. ft.), financial progress of
in the past 10 years preceding the submission - more than 90% for projects
date. costing upto INR 500Cr.,
- more than 80% for projects
costing from INR 500Cr. to INR
1,000 Cr.,
- more than 75% for projects
costing more than INR 1,000 Cr.
(2) copy of contract / work order
between bidder and Client
3) Turnover The bidder should have a minimum average CA certified reports to be
annual turnover of Rs.25 Crore in the last five submitted along with audited
years(2019-20,2020-21, 2021-22,2022-23 and Profit & Loss statements.
2023-24)from Consultancy services.
4) Net Worth The bidder should have a minimum Net CA certified reports to be
worth of Rs. 5 Crore at the close of financial submitted along with audited
year 2023-24 Balance Sheet.
5) Legal Status The bidder must be a registered government Copy of Certificate of
organization/ Public sector unit/ Limited Incorporation or Registration
Company/ Private Ltd. Co. having its
registered Office in India.
6) GST The bidder must have a GST registration GST Registration certificate
Registration
7) Joint Venture Joint Venture /Consortium is not permitted. N/A

1.4.1(a) Qualification Criteria:

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The qualification criterion has been defined as the minimum threshold relative score to
be obtained by the Bidder/ Agency in the "Technical evaluation" round. The scoring
basis which the relative score for technical evaluation is arrived at, is obtained as per the
process outlined below;
S No Description Marks
A Similar Project Experience 35
B Key Professional Staff 40
C Jury/ Committee Evaluation (Presentation) 25
Total 100

The detailed scoring methodology is detailed in this section.


(A) Similar Project Experience (35 marks):
Evaluation Criteria Scoring Max Proof Required
Methodology Marks
Satisfactorily completed a) Works valuing Client or third-party
assignment in project Project cost of certificate stating
management consultancy for the Rs. 400 Crores completion of project by
construction of Residential and more ----- 7 bidder OR
buildings/ Row Houses/industrial marks In case completion
buildings/ Residential gated (b) Works certificates are not
communities/ commercial Valuing Project available –
buildings/ Institutional cost between Rs. (1) statement issued
Buildings; including common 200 Cr and 400 from client/Independent
external development works. Cr ----- 3.5 agency Substantiating
(a)Minimum one work valuing marks each 35 physical / financial
Project cost of Rs. 400 Crores progress of
and more - more than 90% for
(b) Works Valuing Project cost projects costing up to
between Rs. 200 Cr and 400 Cr INR 500Cr.,
- more than 80% for
Note: The cost of completed projects costing from
works from previous years, for INR 500Cr. to INR
which project management 1,000 Cr.,

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consultancy services were - more than 75% for
provided, shall be given a projects costing more
weighting of 10% per year to than INR 1,000 Cr.
adjust such costs to the current (2) copy of contract /
price level, corresponding to the work order between
financial year in which the RFP bidder and Client
is issued.
Maximum Total Marks 35

(B) Key Professional Staff (40 marks):

The professional staffing of the bidders to be evaluate based on the Quality of the key
personnel:
S No Key Personnel Points
1. Chief Resident Engineer and Team Leader (the "Team 5
Leader")
2. Construction Manager / Resident Engineer cum Billing 5
Manager
3. Planning Manager 5
4. Design Review Manager – Civil 5
5. Design Review Manager – MEP 4
6. Architect 4
7. Quality Assurance / Control Manager 4
8. Contracts Manager 4
9. Quantity Surveyor 4
Total 40

Note: For each designation of key personnel, CV of one person will be evaluated.

The score for each key personnel would be based on the following criteria:
S No Criteria % of
Weightage
A. - If the personnel does not have either the Educational qualification
or minimum experience, as prescribed, such personnel will be
rejected and be awarded zero (0) score for such position
- If such Educational Qualification and Minimum experience
prescribed are fulfilled, then:

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1. Relevant Educational Qualification1* 25 Max.
(a). - Relevant Post Graduation 25
(b). - Relevant Graduation only 15

2. Relevant Professional Experience 25 Max.

3. Adequacy for the Assignment 50 Max


(a) - 15 marks for each similar assignment** 30 Max
(b) - For each additional similar assignment** (10 20 Max
marks for each project)

Note:
1. For scoring relevant educational qualification, if a position requires only one of either
graduation or post-graduation, then full 25% weightage will be given in case such
educational qualifications criteria is fulfilled. For cases, where prescribed post-graduation
is also preferable along with prescribed graduation, then the marks for relevant education
qualifications will be awarded based on the table above.
2. The team leader proposed should be on the payrolls of the bidder at the time of bidding.
All the personnel of the selected bidder shall be on rolls at the time of signing the
agreement. The final list of personnel proposed and approved at the time of signing the
agreement should not be a part of any team of previously awarded and active contracts. In
case such personnel is already a part of any other active contract, the selected bidder
should propose a replacement of equivalent or better qualification and experience and get
the same approved by the client, before signing the contract.

*"Relevant Education Qualification", "Relevant Professional Experience" and "Minimum


requirement" to be as per qualifications provided in Appendix 1 of Vol I, Scope.
**"Similar assignment" means a similar role undertaken by the said executive for a project as
indicated in Appendix 1 of Vol I.
The marks arrived at based on the above methodology to be used to estimate the final scoring
as defined in the Section 5.5.5 (iii) b of the ITB document.
Note: It is mandatory that the personnel provided under Forms T5 and T6 be deployed during
the tenure of the project.

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(C) Jury/Committee Evaluation (25 marks):
Eligible bidder is required to present the Approach and Methodology through a
PowerPoint presentation during the Technical Evaluation phase to a jury appointed by
the Authority.
Evaluation Criteria Maximum marks
- Experience in usage of International best practices – 5
marks
- Modern techniques adopted by the Consultant as
part of their earlier assignments; and adoption of
the same to the current project - 5 marks
- Internal process structure to manage the work of 25 marks
the contractor – 10 marks
- MIS systems proposed for reporting of the project - 5
marks

A bidder would be declared as qualified if the score computed as defined in the Section
5.5.5(iii) b is greater than the threshold defined in the Section 5.5.5(iv) of the BDS
document.

2.1.1 Bidding Documents: Refer to “Bid Forms"

3.2.1 (b)
The below declarations shall be added to the list of attachments to the technical part:
1. Annex 1: Environmental and Social Performance Declaration
2. Annex 2: Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance
Declaration

3.5.1
Period of validity: The bid validity date, as extended, if applicable shall be 90 days.

3.6.2

a. Amount of Bid Security (EMD) is Rs. 10 lakhs.


b. Form of Bid Security (EMD) shall be Bank Guarantee/ Insurance Surety Bond in
favor of Andhra Pradesh Capital Region Development Authority (APCRDA),
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Vijayawada from a scheduled Bank
c. Period of validity beyond the bid validity date, as extended, if applicable shall be 30
days
d. The time period within which the Bid Security (EMD) of the unsuccessful bidders
will be returned is 45 working days.
e. For the successful bidder, upon submission Performance security 5% of Contract
Value and on conclusion of contract agreement the bid security paid at the time of
submission of bid will be returned/ refunded.

3.6.7(b)
For the purposes of this bid the Authority will blacklist a consultant or individual, including
declaring ineligible, either indefinitely or for a stated period of time, to be awarded a
contract if it at any time determines that the bidder has, directly or through an agent,
engaged in prohibited practices in bidding for, or in executing, a contract of the Authority.

5.1.1
Opening of Bids
Time and Date: Refer to 1.1.3
Place: Andhra Pradesh Capital Regional Development Authority
(APCRDA), Lenin Center, Governorpet, Vijayawada-520002
Andhra Pradesh, India

5.5.1
The method of selection is Quality and Cost based Selection (QCBS)

5.5.5 (c)
Technical Evaluation Criteria: Refer to BDS 1.4.1 (a)

5.5.5 (d)
Cut-off Marks "m": 70 (SEVENTY)

5.5.6 (v)
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Lump-Sum Fee (LSF):

The financial bid as mentioned in the section 3.2.4 of the ITB document, would be
termed as "Lump-Sum Fee (LSF)” which would cover all the expenses pertaining to
the delivery of services including, but not limited to, cost of key personnel, sub-
consultants, cost of support staff and out-of-pocket expenses, and excluding GST and
other statutory & lump sum provisions. The bidder also needs to submit a detailed
breakup of the Fees as indicated in Form F2, the price bid form.

5.5.7

Technical Weightage WTech: 80%

Financial Weightage WFin: 20%

6.1.1
Minimum qualification criteria: Refer to BDS 1.3.1

6.5.1 (a)
Time period for signing the contract: The Bidder to sign the contract agreement within
a period of 10 days from the date of issue of LOA.

6.5.2 Refer to 1.1.3

6.6 Procurement Related Grievances


If a Bidder wishes to make a Procurement-related Complaint/ Appeal, the Bidder shall submit
its complaint following these procedures, In Writing (by the quickest means available, such as
by email or fax), Procurement Related Grievances

For the attention: Engineer-in-Chief


Employer: APCRDA
Email address: [Link]@[Link]

(b) In summary, a Procurement-related Complaint/ Appeal may challenge any of the


following :
1. the terms of this Tender / Request for Proposal;
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2. the Employer’s decision to exclude a Bidder / Consultant from the procurement process
prior to the award of contract; and
3. the Employer’s decision to award the contract.

Appellate Authority : Secretary, MA&UD, Government of Andhra Pradesh


Procedure for Filing an Appeal:
- An appeal must be filed within 7 days from the date of the decision being appealed.
- The appeal must be submitted in writing to the Appellate Authority, clearly stating the
grounds for the appeal.
- The appellant must provide copies of all relevant documents, including the original
decision, supporting evidence, and any other relevant materials.
- The Appellate Authority shall acknowledge receipt of the appeal and inform the appellant
of the date and time for the hearing.
- The Appellate Authority may conduct a hearing to consider the appeal. Both parties may
present their arguments and evidence.
- The Appellate Authority shall issue a written decision within 15 days of the hearing. The
decision shall be final and binding on both parties.
An appeal may be filed on any of the above if:
- The original decision was based on incorrect facts or evidence.
- The original decision was contrary to law or AP procurement guidelines.
- The original decision was arbitrary, capricious, or unreasonable.
The original decision was biased or prejudiced.

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BID FORMS
FORM T1: LETTER OF BID
(On Bidder's letter head)
Date:...................................

Name of Contract:......................................................
To
:
Sir,

Having examined the bidding documents, including Addenda, the receipt of which is hereby
acknowledged, we, the undersigned, offer to [specify scope of the contract] under the above-
named Contract in full conformity with the said bidding documents for the sum specified in
financial bid form or such other sums as may be determined in accordance with the terms and
conditions of the Contract. The above amounts are in accordance with the price schedules
attached herewith and are made part of this bid.
We undertake, if our bid is accepted, to commence performance and to achieve completion
within the respective times stated in the bidding documents.

If our bid is accepted, we undertake to provide a performance security in the form and
amounts and within the times specified in the bidding documents.

We agree to abide by this bid for a period of [ specify number] days from the date fixed for
submission of bids as stipulated in the bidding documents, and it shall remain binding upon
us and may be accepted by you at any time before the expiration of that period.

Until a formal contract is prepared and executed between us, this bid, which consists of the
letter and Attachments 1 through [ ] hereto, together with your written acceptance thereof and
your notification of award, shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest, or any bid you may receive. Dated
this........ Day of ........................ 20. . . ..
............................................................................................... (Signature)
In the capacity of
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.............................................................................................. (Position)
Duly authorized to sign this bid for and on behalf of
...................................................................................... (Name of bidder)

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Form T2: BID SECURITY (EMD)
Option I – Bank Guarantee

Bank Guarantee for Bid Security (EMD) WHEREAS (name of Company)


(hereinafter called “CONSULTANT”) wish to participate in tender enquiry Tender Notice
No…………. dated: ………… of Andhra Pradesh Capital Region Development Authority
(APCRDA), (hereinafter called the `Authority') for (Tender name). WHEREAS in
terms of the tender conditions the Consultant is required to furnish to the APCRDA a Bank
Guarantee for a sum of Rs. (Rupees
only) as earnest money against the Consultant's offer aforesaid.

AND WHEREAS We, Bank, branch have at the request of


the Consultant, agreed to give to APCRDA this guarantee as hereinafter contained.

We, Bank, branch, hereby undertake the guarantee to


pay immediately to the APCRDA, on demand in writing by the APCRDA, an amount of Rs.
(Rupees only) without any reservation and recourse if the Consultant shall for any reason
withdraw whether expressly or implied their said tender during the period of its validity or
any extension thereof or the Consultant fails to execute the agreement for the work awarded to
them by APCRDA.
We, The Bank, further agree to that our liability to pay the
aforesaid amount is not dependent or conditional on any proceeding against APCRDA and we
shall be liable to pay the amount without any demur, merely on a claim raised by the APCRDA.
The guarantee herein contained shall not be determined or affected by the liquidation or
winding up or dissolution or change of constitution or insolvency of the said Consultant but
shall in all respects and for all purposes be binding and operative until payment of all money(s)
due to the APCRDA in respect of such liability under the guarantee is restricted to Rs.
(Rupees only). Our guarantee shall remain in force until [insert bid
submission date + bid validity period as per BDS]. We shall be relieved and discharged from
all our liability thereunder.
We, the, undertake not to revoke this guarantee during its pendency/currency
except with the previous consent of the APCRDA in writing.

Station: Name of the Bank:

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Option II – Insurance Surety Bond

(To be executed on Non-Judicial Stamp Paper of Appropriate value)


Insurance Surety Bond No.............
Date:………………………
(Name of Contract)
To: (Name and address of Employer)
WHEREAS (name of Bidder) (hereinafter called "the Bidder") has submitted its Bid dated
(date of bid) for the performance of the above named Contract (hereinafter called "the
Bid")
KNOW ALL PERSONS by these present that We (name of Insurance Company) of...........
(address of Insurance Company) (hereinafter called "the Surety"), are bound unto Andhra
Pradesh Capital Region Development Authority (APCRDA) (hereinafter called "the
Employer") for the sum of.......... (amount), for which payment well and truly to be made to
the said Employer, the Surety binds itself, its successors and assigns by these presents.
THE CONDITIONS of this obligation are as follows:
1. If the Bidder (a) withdraws or modifies its Bid during the period of bid validity, or (b)
adopts corrupt or collusive or coercive or fraudulent practices.
2. If the Bidder, having been notified of the acceptance of its Bid by the Employer during
the period of bid validity.
(a) fails or refuses to sign the Contract Agreement when required, or
(b) fails or refuses to submit the performance security in accordance with the Tender
Documents.

We undertake to pay to the Employer up to the above amount upon receipt of its first
written demand, without the Employer having to substantiate its demand, provided that in
its demand the Employer will mention that the amount claimed by it is due, owing to the
occurrence of one or both of the two above-named CONDITIONS, and specifying the
occurred condition or conditions.
The Surety declares that this Insurance Surety Bond is issued by the……………….. (name
of Insurance Company) as per the applicable rules and regulations of Insurance Regulatory
Development Authority of India (IRDAI).
This Insurance Surety Bond will remain in force up to and including (date 90 days after the
period of bid validity), and any demand in respect thereof must reach the Surety not later
than the above date.
For and on behalf of the Insurance Company
_________________________________________________________________________
_
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in the capacity of
_________________________________________________________________________
___
Common Seal of the Insurance Company with complete address including Tel. Nos./e-
Mail Id.
Staff Authority No. of the officer of the Insurance Company/Signatory

INSTRUCTIONS FOR EXECUTION OF INSURANCE SURETY BOND FOR


EARNEST MONEY DEPOSIT
1. Insurance Surety Bond for Earnest Money Deposit should be executed on non-judicial Stamp
papers of requisite value in accordance with the stamp Act if applicable to that particular
state of Indian Union country of executing Insurance Company, where executed. In case the
same is issued by an International Insurance Company (it should be registered under
insurance Act 1938 or as amended from time to time and approved by the Insurance
Regulatory Development Authority of India (IRDAI)) the law prevalent in the country of
execution shall prevail for the purpose of Stamp Duty on the Insurance Surety Bond.
However, in such a case, the Insurance Surety Bond for Earnest Money Deposit shall be got
confirmed by the Bidder through any Indian Scheduled/Nationalized Insurance Company.
2. The executing officers of the Insurance Surety Bond for Earnest Money Deposit/Bid
Security shall clearly indicate in (block letters) their name, designation, Power of Attorney
No./Signing Power No. as well as telephone/ fax numbers with full correspondence address
of the issuing Guarantee etc.
3. Each page of the Insurance Surety Bond for Earnest Money Deposit shall be duty
signed/initialled by the executing officers and the last page shall be signed in full, indicating
the particulars as aforesaid (sub-para 2) under the seal of the Insurance Company
4. Stamp paper shall be purchased in the name of Insurance Company counting the Insurance
Surety Bond, after the date ‘Notice Inviting Tender’, not more than six months prior to
execution/issuance of the Insurance Surety Bond. The name of the purchaser should appear
at the back side of stamp paper in the Vendors Sing. The issuing insurance Company shall
be requested independently for verification/confirmation of the Insurance Surety Bond
issued, non-confirmation of which may lead to rejection of ‘Insurance Surety Bond’.
5. Irrevocable, valid and fully enforceable Insurance Surety Bond in favour of the Employer
(Name of Employer) issued by any Insurance Company registered under insurance Ac
amended from time to time and approved by the insurance Regulatory Development
Authority of India (IRDA) in Indian currency (INR) only is acceptable to the Employer.
6. Insurance Surety and for Bid security/EMD in original shall be submitted along with the Bid.
However, the issuing Insurance Company shall submit an unstamped duplicate copy of
Insurance Surety Bond directly by registered post (A.D.) to the Employer (authority inviting
tenders) with forwarding letter.

Page | 104
Form T3: BIDDER'S PARTICULARS AND ELIGIBILITY CRITERIA

Title of Bidder

Whether bidder is applying as Sole company or


Lead member of a consortium.
If Consortium, whether Jt. Bidding

agreement is enclosed.
Name of the Company (Lead member in case

of Consortium)
Registered office of the Company

Company Registration Number and Validity:

Legal status (e.g. incorporated private


company, unincorporated business,
partnership etc.):

Registered address:

Year of Incorporation:

Year of commencement of Company:

Brief description of the Company including

details of its main lines of business


Name, d e s i g n a t i o n , a d d r e s s , a n d p h o n e
numbers of authorized signatory of the Bidder

Name: Designation: Company: Address:

Company:

Phone No.:

Address:

Fax No.:

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E-mail address:
In case of consortium, provide the
following information for the other
members:
1. Name of Company:
2. Legal status and country of incorporation
3. Registered address and principal place of
business

2. Please State the following correctly (In case of consortium, for each member):
(i) Has the Bidder ever been penalized by any organization for poor Yes/No
quality of work or breach of contract in the last five years?
(ii) Has the Bidder ever failed to complete any work awarded to it by any Yes/No
public Authority/entity in last five years?
(iii) Has the Bidder been ever blacklisted by any Government Yes/No
department/Public Sector Undertaking in the last five years?
(iv) Has the Bidder been suffered bankruptcy/insolvency in the last five Yes/No
years?

Note: If answer to any of the questions at (i) to (iv) is yes, the Bidder is not eligible for
this Work.

3. Documents required
The below documents have to produce by the bidder (and by every member in case of
Consortium):
1. Registration document / Certificate of Incorporation –
2. GST Registration Certificate
The relevant documents have to be attached and ticked above.
4. Details of Bank Draft:

(a) Towards the Bid Security (EMD) amount of rupees [Ten Lakh only]: The draft shall be
addressed to the Commissioner, APCRDA
Date:

Signature and Seal of Authorized

Person
Place:

Page | 106
FORM T4: SIMILAR EXPERIENCE RECORD

Name of Bidder or partner of a Joint Venture


Use a separate sheet for each contract
1 Number of contract
Name of contract
Client certificate provided?
2 Name of Client
3 Client's Address
4 Project name
5 Consultant role (check one)
1. Prime Consultant
2. Subconsultant
3. Partner in a Joint Venture
6 Details for submitted Infrastructure projects (to cover all details as sought in the
RFP) – Cost of the Project
- Evidence of Cost of the Project (reference to client certificate / document)
7 Amount of the total/subconsultant/partner share (at completion, or at date of
award for current contracts)
8 Total contract: Rs. Subcontract: Rs. Partner share: Rs.

9 Date of award/Completion
10 Contract was completed months ahead/behind original schedule (if behind, provide
explanation)
11 Contract was completed Rs. Percentage under/over original contract
amount (if over, provide explanation)
12 Indicate the approximate present total contract value of work undertaken by
subcontract, if any, and the nature of such work.

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FORM T5: PERSONNEL CAPABILITIES

Name of the Bidder

For specific positions essential to contract management and implementation (and/or those
specified in the Bidding Documents, if any), Bidders should provide the names of at least two
candidates qualified to meet the specified requirements stated for each position. The data on
their experience should be supplied on separate sheets using one Form 3b for each candidate.

Bidders may propose alternative management and implementation arrangements requiring


different key personnel, whose experience records should be provided.

1 Title of position
Name of prime candidate
2 Title of position
Name of prime candidate
3 Title of position
Name of prime candidate
4 Title of position
Name of prime candidate

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FORM T6: CANDIDATES SUMMARY
1.

Position (To be provided as positions Candidate [] Prime [] Alternative


stated in Key Personnel, Vol-I.)
Candidate Name of candidate Date of Birth
Information
Aadhar No.

Professional Qualifications
Present Name of Employer
Employment
Address of Employer

Telephone Contact (Manager/personal


officer)
Fax Telex
Job title of candidate Years with present Employer
2. Summarize professional experience over the last twenty years, in reverse chronological
order. Indicate particular technical and managerial experience to the project.
From To Company/project/position/relevant technical and
management experience

3. Abstract of "Similar assignments / projects" undertaken by the said executive

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Timeline Designation Project title and Project area
Details

Authorized signatory of lead bidder Signature of key personnel

Page | 110
FORM T7: BID PROCESS CHECK LIST
S. No Form Title Submitted?
1. Certificate Certificate of incorporation/ registration Yes/No
2. Certificate GST Registration Certificate Yes/No
3. T1 Letter of Bid Yes/No
4. T2 Bid Security Yes/No
5. T3 Bidder's Particulars and Eligibility Criteria Yes/No
6. T4 Similar Experience Record Yes/No
7. T5 Personnel Capabilities Yes/No
8. T6 Candidates Summary Yes/No
Self-Evaluation form - Similar Project
9. T8 Experience Yes/No
10. T9 Self-Evaluation form - Key Professional Staff Yes/No
Environmental and Social Performance
11. Annex -1 Declaration Yes/No
Sexual Exploitation and Abuse (SEA) and/or
Sexual Harassment (SH) Performance
12. Annex -2 Declaration Yes/No

I hereby agree that I have submitted all the requisite documents for the bid process
evaluation. I understand that the Technical Evaluation Committee is not liable to provide any
score for any criteria that is not substantiated and supported by Client certificates or other
documents specified.

Authorized signatory

Page | 111
FORM T8: SELF-EVALUATION FORM - SIMILAR PROJECT EXPERIENCE

RFP No.: [insert RFP number], Dated: [insert date]


Name of the firm:
Similar Project Experience: Max Marks: [insert max marks]
1) [insert criteria as per RfP] [insert proof required as per RfP]

[Link]. Name of Work Details of Certificate provided marks


1 [insert name of eligible project [insert details of proofs submitted] [insert marks
of the bidder] to be
awarded]
2 [insert name of eligible project [insert details of proofs submitted] [insert marks
of the bidder] to be
awarded]
[add additional projects eligible under the same criteria as required]

Total marks for criteria


Grand Total marks

Page | 112
FORM T9: SELF-EVALUATION FORM - KEY PROFESSIONAL STAFF

RFP No.: ;dated:


Name of Tendered Work:

Name of the Bidder:


Key Professional Staff max marks – __ marks

Role Proof Name Relevant Max marks Relevant Max Adequacy for Max Total Max
required as Educational – 25 marks Professional marks – the marks –50 Weighta Points as
per RFP – Qualification – Experience – 25 marks Assignment marks ge per RFP Final
[insert [insert required (a) [insert required for the Score
proof educational professional (b) (c) (a+b+c) role
required] qualification for experience for
role 1] role 1]
[insert [insert [insert [insert [insert marks [insert [insert [insert details [insert
role -1 name of name of candidate’s obtained as candidate’s marks of relevant marks
name] proof the educational per RFP] professional obtained as assignments obtained as
attached by candidat qualification] experience] per RFP] executed by per RFP]
bidder] e] candidate]
Relevant Relevant
Educational Professional
Qualification – Experience –
[insert required [insert required
Page | 113
educational professional
qualification for experience for
role 2] role 2]
[insert [insert [insert [insert [insert marks [insert [insert [insert details [insert
role -2 name of name of candidate’s obtained as candidate’s marks of relevant marks
name] proof the educational per RFP] professional obtained as assignments obtained as
attached by candidat qualification] experience] per RFP] executed by per RFP]
bidder] e] candidate]
[insert additional rows as required for all candidates

Page | 114
Annex 1

Environmental and Social Performance Declaration


[This form should be used only if the information submitted at the time of prequalification requires
updating. The following table shall be filled in for the Bidder, each member of a Joint Venture and each
Subconsultant]

Bidder’s Name: [insert full name]


Date: [insert day, month, year]
Joint Venture Member’s or Subconsultant’s Name: [insert full name]
NIT No. and title: [insert NIT number and title]
Page [insert page number] of [insert total number] pages

Environmental and Social Performance Declaration


in accordance with ITB 1.3.6
 No suspension or termination of contract: An employer has not suspended or terminated a contract
and/or called the performance security for a contract for reasons related to Environmental and Social (ES)
performance since the date specified in ITB 1.3.6.
 Declaration of suspension or termination of contract: The following contract(s) has/have been
suspended or terminated and/or Performance Security called by an employer(s) for reasons related to
Environmental and Social (ES) performance since the date specified in ITB 1.3.6. Details are described
below:
Year Suspended or Contract Identification Total Contract
terminated Amount (INR)
portion of
contract
[insert [insert amount Contract Identification: [indicate complete contract name/ [insert amount]
year] and percentage] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s) e.g., gender-based violence; sexual exploitation or
sexual abuse breaches]
[insert [insert amount Contract Identification: [indicate complete contract name/ [insert amount]
year] and percentage] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s)]
… … [list all applicable contracts] …
Performance Security called by an employer(s) for reasons related to ES performance
Year Contract Identification Total Contract
Amount (INR)

Page | 115
[insert Contract Identification: [indicate complete contract name/ number, and any [insert amount]
year] other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for calling of performance security: [indicate main reason(s) e.g.,
gender-based violence; sexual exploitation or sexual abuse breaches]

Name of Consultant’s Personnel: [insert name]


Signature: __________________________________________________________

Date: (day month year): _______________________________________________


Countersignature of authorized representative of the Consultant:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________

Page | 116
Annex 2
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each subconsultant
proposed by the Bidder]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subconsultant’s Name: [insertfull name]
NIT No. and title: [insert NIT number and title]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
in accordance with ITB 1.3.6
We:
¨ (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations
¨ (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
¨ (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
An arbitral award on the disqualification case has been made in our favor.
¨ (d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
for a period of two years. We have subsequently demonstrated that we have adequate capacity
and commitment to comply with SEA/ SH obligations.
¨(e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
for a period of two years. We have attached evidence demonstrating that we have adequate
capacity and commitment to comply with SEA/ SH obligations.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

[If (d) or (e) above are applicable, provide the following information:]

Period of disqualification: From: _______________ To: ________________

If previously provided on another Bank financed works contract, details of evidence that
demonstrated adequate capacity and commitment to comply with SEA/ SH obligations (as per (d)
above)
Name of Employer: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
Page | 117
______________________________________________________________________

As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/ SH obligations (as per (e) above) [attach details as appropriate].

Name of Consultant’s Personnel: [insert name]


Signature: __________________________________________________________

Date: (day month year): _______________________________________________


Countersignature of authorized representative of the Consultant:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________

Page | 118
FORM F1: PRICE BID FORM
[This form should not be a part of technical bid submission]

[Location, date] To:

Sir,

We the undersigned, offer to provide the services for [title of the Bid] in accordance with
your Bidding Document dated [date] and our proposal. Our attached financial proposal is for
the lumpsum amount [figure in words and figures]. This lumpsum amount is exclusive of
applicable taxes.

Our financial proposal shall be binding upon us subject to the modifications resulting from contract
negotiations, up to expiration of the validity period of the proposal i.e.,[date].

We understand you are not bound to accept any proposal you receive.
We remain,

Yours sincerely,

Authorized signatory:

Name and Title of Signatory:


Name of Company:
Address:

Page | 119
FORM F2: COST BREAKUP
[This form should not be a part of technical bid submission]

Name of the Bidder:

Authorized Signatory of the Bidder:

Item COST (RS)


Cost of the Financial Proposal
Including:
(1) Personnel Cost (Form F3)
(2) Reimbursables (Form F4)
Total Cost of the Financial Proposal:
{Should match the amount in Form F1}

Page | 120
FORM F3: BREAKUP OF PERSONNEL COST
[This form should not be a part of technical bid submission]

REMUNERATION
No. Person-month
Position (as
Name Remuneration No. of Month TOTAL (RS)
per RfP)
Rate
KEY EXPERTS
K-1
K-2

NON-KEY EXPERTS & OTHER STAFF


N-1
N-2

TOTAL PERSONNEL COST (Should match the corresponding amount in Form F2)

Page | 121
FORM F4: BREAKDOWN OF REIMBURSABLE EXPENSES
[This form should not be a part of technical bid submission]

The Total Reimbursables quoted here will be the maximum amount that will be reimbursed under the
respective types throughout the contract duration for delivery of the scope of services prescribed.

No Type of Reimbursable Expenses Unit Unit Cost Quantity TOTAL


Setting up of Site Office and Quality
1. Test lab
2. Daily Conveyance/ Vehicles {Vehicles}
Monthly Reimbursables (Office
expenses including power bill, internet
3. bill, stationery, water bill, cleaning,
etc.)
4. Others, if any

TOTAL REIMBURSABLES (Should match the corresponding amount in Form F2)

Page | 122
VOLUME IV: CORRUPT & FRAUDULENT
PRACTICES

Page | 123
The World Bank’s Guidelines on Preventing and Combating Fraud and Corruption in Program for
Results Financing dated February 1, 2012 and revised July 10, 2015 (hereinafter, “WB Guidelines”) will
be applicable to this contract as provided at Sub Section A of the Section V of tender document) and
may be accessed at [Link]

ADB’s Guidelines to Prevent or Mitigate Fraud, Corruption, and Other Prohibited Activities in Results-
Based Lending for Programs (hereinafter “ADB Guidelines”) as provided at Sub Section B of the
Section V of tender document, will be applicable to this contract.

Where applicable, the ADB Guidelines and the WB Guidelines will be collectively called “Anti-
corruption Guidelines”.

1. It is the Employer’s policy to require that bidders, suppliers, contractors and their
agents(whetherdeclaredornot),sub-contractors,sub-
consultants,serviceprovidersorsuppliers,andanypersonnelthereof,observethehigheststandardofet
hicsduringthe procurement and execution of the contracts2. The employer:
a. defines “Prohibited Practice" to comprise of any or all the following terms collectively
i. Corrupt practice means (i) The offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected with the
Selection Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of the Authority
who is or has been associated in any manner, directly or indirectly with the Selection
Process or the LOA or has dealt with matters concerning the Agreement or arising there
from, before or after the execution thereof, at any time prior to the expiry of one year
from the date such official resigns or retires from or otherwise ceases to be in the service
of the Authority, shall be deemed to constitute influencing the actions of a person
connected with the Selection Process); Or (ii) Save and except as permitted under the
Clauses relating to Bid Security (EMD)/Performance security of this Bidding Document
as provided herein, engaging in any manner whatsoever, whether during the Selection
Process or after the issue of the LOA or after the execution of the Agreement, as the
case may be, any person in respect of any matter relating to the Project or the LOA or
the Agreement, who at any time has been or is a legal, financial, or technical consultant/
adviser of the Authority in relation to any matter concerning the Project;
ii. Fraudulent practice means a misrepresentation or omission of facts or disclosure of
incomplete facts, in order to influence the Selection Process;
iii. Coercive practice means impairing or harming or threatening to impair or harm, directly
or indirectly, any persons or property to influence any person's participation or action in
the Selection Process;
iv. Undesirable practice means establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in
any manner influencing or attempting to influence the Selection Process;
v. Restrictive practice means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full and

2
In this context, any action to influence the procurement process or contract execution for undue advantage is improper
Page | 124
fair competition in the Selection Process.
b. will reject a proposal for award if it determines that the bidder recommended for award has,
directly or through an agent, engaged in prohibited practices in competing for the contract
in question; and
c. will blacklist bidder or individual, including declaring ineligible, either indefinitely or for a
stated period of time, to be awarded a contract if it at any time determines that the Consultant
has, directly or through an agent, engaged in prohibited practices in bidding for, or in
executing, a contract of the employer.
d. Besides above, the Government of Andhra Pradesh, the World Bank, the Asian Development
Bank anti-corruption guidelines will apply to this Contract. Please refer to below for the
same.
e. The bidders participating to the Program activities shall submit a self-declaration stating that
the firm is not subject to ineligibility or has not been sanctioned under (i) the World Bank
system of debarment and cross-debarment and/or
(ii) ADB’s Debarment and Suspension Register.
f. The list of ineligible firms or individuals may be accessed at the following websites:
[Link]
[Link]

Page | 125
Anti-Corruption Guidelines
Definitions
‘ADB’: Asian Development Bank
‘ADB Guidelines’: ADB’s Guidelines to Prevent or Mitigate Fraud, Corruption, and Other Prohibited
Activities in Results-Based Lending for Programs
‘World Bank’: means the International Bank for Reconstruction and Development (IBRD) or the
International Development Association (IDA).
‘WB Guidelines’: World Bank’s Guidelines on Preventing and Combating Fraud and Corruption in
Program for Results Financing dated February 1, 2012 and revised July 10, 2015
‘Anticorruption Guidelines’: collective term for the ADB Guidelines and WB Guidelines.

These guidelines shall be in the Procurement Document (Tender) and also be part of the resultant
Contract agreement.

Sub-Section A
Guidelines on Preventing and Combating Fraud and Corruption in Program-for-Results
Financing’ dated February 1, 2012 and revised on July 10, 2015 (the Anti-Corruption Guidelines
(WORLD BANK)
[Link]

1. These Guidelines address Fraud and Corruption (as defined in paragraph 5) that may occur in
connection with the preparation and implementation of programs financed, in whole or in part, by
the International Bank for Reconstruction and Development (IBRD) or the International
Development Association (IDA) through Program-for-Results Financing. They set out the general
principles, requirements, and sanctions applicable to such programs.

2. The Loan Agreement providing for the Loan governs the legal relationships between the Borrower
and the Bank with respect to the Program for which the Loan is made. The responsibility for the
implementation of the Program under the Loan Agreement, including the primary responsibility
for preventing and combating Fraud and Corruption, rests with the Borrower. The Bank, for its
part, has a fiduciary duty under its Articles of Agreement to “make arrangements to ensure that
the proceeds of any loan are used only for the purposes for which the loan was granted, with due
attention to considerations of economy and efficiency and without regard to political or other non-
economic influences or considerations.” These Guidelines constitute an important element of those
arrangements and are made applicable to the preparation and implementation of the Program as
provided in the Loan Agreement.

3. Recognizing that Fraud and Corruption leads to wasted resources and undermines development
effectiveness, the Bank and the Borrower agree that all individuals and entities participating in the
Program must observe the highest standard of ethics and, specifically, that all such persons and
entities must take all appropriate measures to prevent and combat Fraud and Corruption, and
refrain from engaging in Fraud and Corruption, in connection with the Program. In furtherance of
these principles and purposes, the Bank and the Borrower further agree and commit to undertaking
the actions set out in these Guidelines for the purpose of preventing and combating Fraud and
Corruption in connection with the Program.

Definitions of Practices constituting Fraud and Corruption


Page | 126
4. These Guidelines address the following defined practices in connection with the Program:

(a) A “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party.
(b) A “fraudulent practice” is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or
other benefit or to avoid an obligation.
(c) A “collusive practice” is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party.
(d) A “coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party.
(e) An “obstructive practice” is (i) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false statements to investigators in order
to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive,
or collusive practice; and/or threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the investigation or from pursuing the
investigation, or (ii) acts intended to materially impede the exercise of the Bank’s
contractual rights of audit or access to information.

5. The above practices, as so defined, are referred to collectively in these Guidelines as “Fraud and
Corruption.”

Borrower Actions to Prevent and Combat Fraud and Corruption in connection with the Program

6. In furtherance of the above-stated purpose and general principles, except as otherwise agreed in
writing by the Borrower and the Bank, the Borrower:

(a) takes all appropriate measures to ensure that the Program is carried out in accordance with
these Guidelines;
(b) takes all appropriate measures to prevent Fraud and Corruption in connection with the
Program, including (but not limited to) adopting and implementing appropriate fiduciary and
administrative practices and institutional arrangements;
(c) promptly informs the Bank of all credible and material allegations or other indications of
Fraud and Corruption in connection with the Program that come to its attention, together with
the investigative and other actions that the Borrower proposes to take with respect thereto;
(d) unless otherwise agreed by the Borrower and the Bank with respect to a particular case, takes
timely and appropriate action to investigate such allegations and indications; reports to the
Bank on the actions taken in any such investigation, at such intervals as may be agreed
between the Borrower and the Bank; and, promptly upon the completion of any such
investigation, reports to the Bank the findings thereof;
(e) if the Borrower or the Bank determines that any person or entity has engaged in Fraud and
Corruption in connection with the Program, takes timely and appropriate action, satisfactory
to the Bank, to remedy or otherwise address the situation and prevent its recurrence; provided
that nothing in this sub-paragraph (e) or in sub-paragraph (d) above obligates the Borrower
to take action in direct contradiction of the applicable law of the Member Country;
(f) cooperates fully with representatives of the Bank in any inquiry conducted by the Bank into
allegations or other indications of Fraud and Corruption in connection with the Program, and
Page | 127
takes all appropriate measures to ensure the full cooperation of relevant persons and entities
subject to the Borrower’s jurisdiction in such inquiry; and
(g) ensures that any person or entity debarred or suspended by the Bank is not awarded a contract
under or otherwise allowed to participate in the Program during the period of such debarment
or suspension.

Sanctions and Related Actions by the Bank in cases of Fraud and Corruption

7. In furtherance of the above-stated purpose and general principles, except as otherwise agreed in
writing by the Borrower and the Bank, the Bank:

(a) promptly informs the Borrower of all credible and material allegations or other indications
of Fraud and Corruption in connection with the Program that come to its attention, consistent
with Bank policies and procedures.

(b) in cases where the Bank determines it necessary to do so to fulfill its fiduciary duty, may
conduct an inquiry into such allegations or other indications, independently of or in
collaboration with the Borrower.

(c) reports to the Borrower on the outcome of any such inquiry; and

(d) may sanction any individual or entity other than the Member Country if at any time the Bank
determines that such individual or entity has engaged in Fraud and Corruption in connection
with the Program or any other Bank-financed activity or is otherwise subject to sanction
pursuant to its prevailing policies and procedures.

Miscellaneous

8. For avoidance of doubt, nothing in these Guidelines is intended to restrict or otherwise affect the
Member Country’s sovereign right to investigate, prosecute or take any other action in furtherance
of its own laws and regulations. Any inquiries conducted by the Bank pursuant to these Guidelines
are administrative in nature, for the purpose of determining compliance with the Bank’s policies,
directives and procedures. Inquiries include, but are not limited to, the review of relevant accounts,
records and other documents, and interviews with relevant persons.

9. Without prejudice to any provision hereof, if any action to be taken by the Borrower under these
Guidelines may conflict with requirements of the applicable laws and regulations of the Member
Country, the Bank and the Borrower will consult with a view to identifying and agreeing on
alternative actions that will avoid such conflict while ensuring compliance herewith.

10. The provisions of these Guidelines do not limit any other rights, remedies or obligations of the
Bank or the Borrower under the Loan Agreement or any other document to which the Bank and
the Borrower are both parties.

Sub-Section B

ADB Guidelines To Prevent Or Mitigate Fraud, Corruption, And Other Prohibited Activities In
Results-Based Lending For Programs (To Prevent Or Mitigate Fraud, Corruption, And Other

Page | 128
Prohibited Activities In Results-Based Lending For Programs (The ADB Guidelines)

A. Purpose and General Principles

1. The developing member country (DMC) is responsible for the implementation of programs
supported by results-based lending (RBL). The Asian Development Bank (ADB) has a
fiduciary responsibility to ensure that its loans and other forms of financing are used only for
the purposes for which they were granted, in accordance with the Agreement Establishing the
Asian Development Bank (the Charter). 3 To uphold that obligation, ADB presents these
guidelines to prevent or mitigate fraud, corruption, and other prohibited activities4 (referred to
as ‘integrity violations’ in ADB’s Investigation and Enforcement Framework, 5 2024 as
amended from time to time, or IEF for brevity, in RBL operations financed in whole or in part
by ADB. These guidelines build upon the legal obligations presented in the loan agreement
and apply to operations funded by RBL.6

2. These guidelines do not limit any other rights, remedies, or obligations of ADB or the DMC
under the loan agreement or any other agreement to which the ADB and the DMC are both
parties.

3. All persons and entities participating in the programs are bound by ADB’s Anticorruption
Policy (1998, as amended to date) and the IEF. As such, they must observe the highest ethical
standards; take all appropriate measures to prevent or mitigate fraud, corruption, and other
integrity violations; and refrain from engaging in such actions in connection with the
programs.

B. Definitions

4. These guidelines address the following practices as defined by ADB.

i. A “corrupt practice” is the offering, giving, receiving, or soliciting, directly or


indirectly, anything of value to influence improperly the actions of another party.
ii. A “fraudulent practice” is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit, or to avoid an obligation.
iii. A “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of another
party.
iv. A “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly the
actions of a party.

5. In addition, ADB may investigate conflicts of interest and abuse, as well as other integrity

3
ADB. 1966. Agreement Establishing the Asian Development Bank.
4
These are referred to as “integrity violations” in ADB’s Investigation and Enforcement Framework, 2024 as amended from
time to time.
5
Formerly Integrity Principles and Guidelines, 2015 as amended from time to time, or ‘IPG’ for brevity
6
ADB may support a part (or a slice) of a government program or the entire government program through RBL. The program
or the part that is supported by the RBL is referred to as the RBL program.
Page | 129
violations enumerated and defined in the IEF:

i. A “conflict of interest” is a situation in which a party has interests that could


improperly influence a party’s performance of official duties or responsibilities,
contractual obligations, or compliance with applicable laws and regulations. To the
extent that conflicts of interest may provide an unfair competitive advantage or
compromise the integrity of financial and governance systems, conflicted persons and
entities must be excluded from participating in relevant program activities.
ii. “Abuse” is theft, waste, or improper use of assets related to ADB-related activity,
either committed intentionally or through reckless disregard.

C. Developing Member Country’s Actions to Prevent Fraud, Corruption, and Other Integrity
Violations in Results-Based Lending for Programs

6. Unless otherwise agreed in writing by the DMC and ADB, the DMC will take timely and
appropriate measures to

i. ensure that the program is carried out in accordance with these guidelines;
ii. avoid conflicts of interest in the program;
iii. prevent fraud, corruption, and other integrity violations from occurring in the program,
including adopting, implementing, and enforcing appropriate fiduciary and
administrative practices and institutional arrangements to ensure that the proceeds of
the loan are used only for the purposes for which the loan was approved;
iv. promptly inform ADB of allegations of fraud, corruption, and other integrity violations
found or alleged related to a program;
v. investigate allegations of fraud, corruption, and other integrity violations and report
preliminary and final findings of investigations to ADB;
vi. respond to, mitigate, and remedy fraud, corruption, or other integrity violations that are
found to have occurred in a program and prevent its occurrence;
vii. cooperate fully with ADB in any ADB investigation into allegations of fraud,
corruption, and other integrity violations related to the program; and take all appropriate
measures to ensure the full cooperation of relevant persons and entities subject to the
DMC’s jurisdiction in such investigation, including allowing ADB to meet with relevant
persons and to inspect all of their relevant accounts, records, and other documents and
have them audited by or on behalf of ADB; and
viii. ensure that persons or entities sanctioned or suspended by ADB do not participate in
RBL programs in violation of their sanction or suspension.

D. ADB’s Actions to Prevent Fraud, Corruption, and Other Integrity Violations in Results-
Based Lending for Programs

7. Unless otherwise agreed in writing by the DMC and ADB, ADB will;

i. inform the DMC of credible and material allegations of fraud, corruption, and other
integrity violations related to a program, consistent with ADB’s policies and
procedures;
ii. have the right to investigate allegations, in accordance with the IEF, independently or
in collaboration with the DMC, including meeting with relevant persons and inspecting

Page | 130
all of their relevant accounts, records, and other documents and having them audited
by or on behalf of ADB;
iii. inform the DMC of the outcome of any investigation, consistent with ADB policies
and procedures;
iv. have the right to impose sanction and other remedial action on any individual or entity
for engaging in corrupt, fraudulent, collusive, and coercive practices, or to suspend any
individual or entity during an investigation, in accordance with ADB’s policies and
procedures; sanctions and suspensions may result in that party’s exclusion from an
RBL- financed activity or any other ADB-related activity indefinitely or for a stated
period;7
v. assess ways to respond pursuant to the Anticorruption Policy and other ADB policies
and procedures, and may refer the case to appropriate authorities of a concerned DMC,
if investigative findings indicate that a government official has engaged in fraud,
corruption, and other integrity violations related to a program; and
vi. recognize sanctions determined by other multilateral development banks in accordance
with the Agreement for Mutual Enforcement of Debarment Decisions.8

7
Pursuant to ADB’s Investigation and Enforcement Framework (2024, as amended from time to time), If a debarred or
suspended party has ongoing contracts financed or administered by ADB, its debarment or suspension will generally not
affect existing contractual obligations. However, it will require OAI endorsement of any contract variation. Accordingly, the
party is required to inform the executing or implementing agency, as relevant, of its debarment or suspension, and that OAI’s
endorsement is required for a contract variation.
8
ADB. 2010. Agreement for Mutual Enforcement of Debarment Decisions
Page | 131
VOLUME V: CONDITIONS OF CONTRACT

Page | 132
Contents
CONTRACT DOCUMENT
GENERAL CONDITIONS OF CONTRACT
1 GENERAL PROVISIONS AND INTERPRETATION
1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.2 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.3 Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.4 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.5 Dispute Settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.6 Copyright, Confidential Information, and Ownership . . . ………..
2 GUARANTEES, LIABILITIES, INDEMNITIES, INSURANCE AND RISKS
2.1 Time Guarantee and Vacancy Clause……………. . . . . . . . . . . . . . . .
2.2 Service Conformity Guarantee and Performance Security Trigger . . .
2.3 IPR Warranty and Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.4 Limitation of Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.5 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.6 Insurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.7 Force majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 TERM, TERMINATION AND MODIFICATION OF CONTRACT
3.1 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.2 Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.3 Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 PAYMENT
4.1 Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.2 Payment Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.3 Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.4 Taxes and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 RESPONSIBILITIES
5.1 Consultant's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.2 Client's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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6 SUBJECT OF CONTRACT
6.1 Project Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.2 Documents Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.3 Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SPECIAL CONDITIONS OF CONTRACT

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CONTRACT FOR PROVISION OF SERVICES [INSERT: THE NAME OF THE
SERVICES]

Between

Andhra Pradesh Capital Region Development Authority

And

[Insert: name of Consultant(s)]

Dated: .

Page | 135
CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT is made


the [ insert: ordinal] day of [ insert: month ], [ insert: year ].
BETWEEN

1. (insert: Name of Client), a (insert: name of Client) of the Government of Andhra Pradesh,
and having its principal place of business at (insert: address of Client) (hereinafter called “the
Client"), and

2. (insert: name of Consultant], a corporation incorporated under the laws of [insert: country
of Consultant] and having its principal place of business at [insert: address of Consultant]
(hereinafter called “the Consultant").

Or

2. a joint venture consisting of the following entities, each of which will be jointly and severally
liable to the Client for the Consultant's obligations under this Contract, namely, and (here in
after called the “Consultant")

WHEREAS
(A) The Client desires to engage the Consultant to provide the following Services [insert: brief
description of the Services] “the Services" or “the Work"; and
(B)Hence, The Client had invited proposals vide its Request for Proposal, [numbered: INSERT RfP
NUMBER ; dated: INSERT DATE] (“RFP”) for the Project Management Consultant Services
(hereinafter called the “Consultancy”) to manage the aforesaid work as per the Scope of work
entailed in the RFP,
(C)Whereby the Consultant represented to the Client that it had the required professional skills, and
in the said proposals the Consultant also agreed to provide the Services to the Client on the terms
and conditions as set forth in the RFP and this Agreement.
(D) the Client, on acceptance of the aforesaid proposals of the Consultant, awarded the Consultancy /
Work to the Consultant vide its Letter of Award vide Lr. No. [INSERT LR NO.] dated [INSERT
LOA DATE] (“LOA”).
(E) In pursuance of the LOA, the parties have agreed to enter into this Agreement, wherein the Client

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has accepted the Bid by the Consultant for the execution and completion of such Works at a
contract price of Rs [INSERT AMOUNT IN NUMBERS]/- ([INSERT AMOUNT IN WORDS]
Only) including GST pursuant to the transparent tendering process vide RFP/tender number:
[INSERT RfP NUMBER] ; dated: [INSERT DATE]

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND


BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. Contract Documents


1.1 Contract Documents (Reference GCC Clause 1.1.1 (vi)) The following documents shall
constitute the Contract between the Client and the Consultant, and each shall be read and
construed as an integral part of the Contract:
(a) This Contract Agreement and the Appendices attached to the Contract Agreement
(b) Special Conditions of Contract
(c) General Conditions of Contract
(d) [Add here: any other documents]

1.2 Order of Precedence


In the event of any ambiguity or conflict between the Contract Documents listed above, the
order of precedence shall be the order in which the Contract Documents are listed in Article
1.1 (Contract Documents).

1.3 Definitions (Reference GCC Clause 1)


Capitalized words and phrases used in this Contract Agreement shall have the same meanings
as are ascribed to them in the General Conditions of Contract.

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Article 2. Contract Price and Payment Terms

2.1 Contract Price (Reference GCC Clause 1.1.1(v) and GCC Clause 4.1) The Client hereby
agrees to pay to the Consultant the Contract Price in consideration of the performance by the
Consultant of its obligations under the Contract. The Contract Price shall be [insert: amount
in words], [insert: amount in figures], as specified in the Price Schedule. The Contract Price
shall be understood to reflect the terms and conditions used in the specification of prices in
the detailed price schedules, including the taxes, duties, and related levies if and as identified.

Article 3. Effective Date

3.1 Effective Date (Reference GCC Clause 1.1 (e) (vi)) The time allowed for delivery of the
Service shall be determined from the date when all of the following conditions have been
fulfilled:
a) This Contract Agreement has been duly executed for and on behalf of the Client and the
Consultant;
b) The Consultant has submitted to the Client the performance security;
c) Specify here: any other conditions, for example, opening/confirmation of letter of credit.
Each party shall use its best efforts to fulfil the above conditions for which it is responsible as
soon as practicable.
3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of
this Contract Agreement because of reasons not attributable to the Consultant, the parties
shall discuss and agree on an equitable adjustment to the Contract Price and the Time and/or
other relevant conditions of the Contract.

Article 4. Appendixes

4.1 The Appendixes listed below shall be deemed to form an integral part of this Contract
Agreement.
Reference in the Contract to any Appendix shall mean the Appendixes listed below and
attached to this Contract Agreement, and the Contract shall be read and construed
accordingly.

APPENDIXES

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Appendix 1. The Work (Description of the Services/Requirements implementation schedule)

Appendix 2. Project Plan (delivery schedule to be included)


Appendix 3. Personnel
Appendix 4. Working Hours and SLA
Appendix 5. Forms (performance security form)
Appendix 6. Price Schedules
Appendix 7. Minutes of Contract Finalization Discussions and Agreed to Contract
Amendments
Appendix 8. Deliverable linked Payment schedule
Appendix 9. Code of Conduct for Consultant’s Personnel (E&S) Form
Appendix 10. Environmental and Social (ES) requirements (For the PMC to note and use to
evaluate and monitor contractor’s C-ESMP)
Appendix 11. World Bank and Asian Development Bank Anti-Corruption Guidelines

IN WITNESS WHEREOF the Client and the Consultant have caused this Agreement to be
duly executed by their authorized representatives the day and year first above written. For and
on behalf of the Client

Signed:

in the capacity of [ insert: title or other appropriate designation] in the presence of For
and on behalf of the Consultant
Signed:

in the capacity of [ insert: title or other appropriate designation] in the presence of

CONTRACT AGREEMENT dated the [insert: number] day of [insert: month], [insert: year]
BETWEEN [insert: name of Client], “the Client" and [insert: name of Consultant], “the
Consultant"

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GENERAL PROVISIONS AND INTERPRETATION

1.1 Definitions

1.1.1 General

Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings
(i) “Applicable Law" means the laws and any other instruments having the force of
law in the Client's country, or in such other country as may be specified in the
Special Conditions of Contract SCC, as they may be issued and in force from time
to time.
(ii) “Client" means the implementing agency that signs the Contract for the Services
with the Selected Consultant.
(iii) “Consultant" means a legally-established professional consulting company or entity
selected by the Client to provide the Services under the signed Contract.
(iv) “Contract" means the legally binding written agreement signed between the Client
and the Consultant and which includes all the attached documents listed in its
paragraph 1 of the Form of Contract (the General Conditions (GCC), the Special
Conditions (SCC), and the Appendices).
(v) "Contract Price" means the price payable to the Consultant as specified in the
Contract agreement, Subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the contract.
(vi) "Contract Documents" means the documents listed in the contract agreement,
including any amendments thereto.
(vii) “Day" means a working day unless indicated otherwise.
(viii) “Effective Date" means the date on which this Contract comes into force and effect
pursuant to Clause GCC 3.1.1
(ix) “Experts" means, collectively, Key Experts or any other personnel of the Consultant
(x) “Foreign Currency" means any currency other than the currency of the Client's
country.
(xi) “GCC" means these General Conditions of Contract.
(xii) “Government" means the Government of the Andhra Pradesh or Government of
India.
(xiii) “Key Expert(s)" means an individual professional whose skills, qualifications,
knowledge and experience are critical to the performance of the Services under the
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Contract and whose Curricula Vitae (CV) was taken into account in the technical
evaluation of the Consultant's proposal.
(xiv) “Local Currency" means the currency of the Client's country.
(xv) “Party" means the Client or the Consultant, as the case may be, and “Parties" means
both of them.
(xvi) “SCC" means the Special Conditions of Contract by which the GCC may be
amended or supplemented but not over-written.
(xvii) “Services" means the work to be performed by the Consultant pursuant to this
Contract, as described in Appendix 1 hereto.
(xviii) “Third Party" means any person or entity other than the Government, the Trust, the
Service Providers or a Subcontractor.
(xix) "Owner's Engineers" mean the client's engineer or a representative of the client who
is an independent third-party of the client to ensure the designing, execution and
supervision aspects of works assigned
(xx) “Sexual Exploitation and Abuse” “(SEA)” means the following:
(xxi) Sexual Exploitation is defined as any actual or attempted abuse of position of
vulnerability, differential power, or trust, for sexual purposes, including, but not
limited to, profiting monetarily, socially, or politically from the sexual exploitation
of another;
(xxii) Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions; and
(xxiii) “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature by the
Contractor’s Personnel with other Contractor’s or Employer’s Personnel.
(xxiv) “GBV” means Gender Based Violence
(xxv) All Standard Operating Procedures (SOPs) issued by APCRDA from time to time
will be binding on all Consultants / Contractors for observing compliance
(xxvi) ‘World Bank’: means the International Bank for Reconstruction and Development (IBRD)
or the International Development Association (IDA).
(xxvii) ‘Anti-Corruption Guidelines’: The guidelines mentioned in Appendix 11 of the Agreement.
(xxviii) “The ADB” means the Asian Development Bank.

1.1.3 Scope

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(i) “Confidential Information" means all information (whether in written, oral, electronic or
other format) that have been identified or marked confidential at the time of disclosure
including Project Data which relates to the technical, financial and business affairs,
customers, Consultants, products, developments, operations, processes, data, trade
secrets, design rights, know-how and personnel of each Party and its affiliates which is
disclosed to or otherwise learned by the other Party whether a Party to this Agreement or
to the Project Agreement in the course of or in connection with this Agreement (including
without limitation such information received during negotiations, location visits and
meetings in connection with this Agreement or to the Project Agreement).

(ii) “Deliverables" means the products, infrastructure and services specifically developed for
“AP Capital Region Development" and agreed to be delivered by the Consultant in
pursuance of the agreement and include all documents related to the service, user
manuals, technical manuals, design, methodologies, process and operating manuals,
service mechanisms, policies and guidelines, and all their modifications.

(iii) “Goods" means all equipment, machinery, furnishings, Materials, and other tangible items
that the Consultant is required to supply or supply and install under the Contract,
including, without limitation, the Information Technologies and Materials, but excluding
the Consultant's Equipment.

(iv) “Proprietary Information" means processes, methodologies and technical, financial and
business information, including drawings, design prototypes, designs, formulae, flow
charts, data, computer database and computer programs already owned by, or granted by
third Parties to a Party hereto prior to its being made available under this Agreement,
Project Agreement or a Project Engagement Definition.

(v) “Services" means all technical, logistical, management, and any other Services to be
provided by the Consultant under the Contract. Such Services may include, but are not
restricted to, activity management and quality assurance, design, development, study,
documentation, transportation, insurance, testing, validation, expediting, site preparation,
installation, integration, training, data migration, maintenance, operations and technical
support.

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(vi) “Service Level" means the level and quality of service and other performance criteria
which will apply to the Services as set out in any Project Agreement.

(vii) “The Project Plan" means the document to be developed by the Consultant and approved
by the Client, pursuant to GCC 6.1, based on the requirements of the Contract and the
Preliminary Project Plan included in the Consultant's bid. The “Agreed and Finalized
Project Plan" is the version of the Project Plan approved by the Client, in accordance with
GCC 6.1 Should the Project Plan conflict with the Contract in any way, the relevant
provisions of the Contract, including any amendments, shall prevail.

(viii) “Software" is a collection of computer programs and related data that provide
the instructions for telling a computer what to do and how to do it.

(ix) “Materials" means all documentation in printed or printable form and all instructional and
informational aides in any form (including audio, video, and text) and on any medium,
provided to the Client under the Contract.

(x) “Intellectual Property Rights" means any and all copyright, moral rights, trademark,
patent, and other intellectual and proprietary rights, title and interests worldwide, whether
vested, contingent, or future, including without limitation all economic rights and all
exclusive rights to reproduce, fix, adapt, modify, translate, create derivative works from,
extract or re-utilize data from, manufacture, introduce into circulation, publish, distribute,
sell, license, sub license, transfer, rent, lease, transmit or provide access electronically,
broadcast, display, enter into computer memory, or otherwise use any portion or copy, in
whole or in part, in any form, directly or indirectly, or to authorize or assign others to do
so.

(xi) “Consultant's Equipment" means all equipment, tools, apparatus, or things of every kind
required in or for the services that is to be provided by the Consultant.

1.1.4 Activities

(i) “Delivery" means the transfer of the Goods or Services from the Consultant to the Client
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specified in the Contract.

(ii) “Personnel" means persons hired by the Consultant or by any Subcontractor as employees
and assigned to the performance of the Services or any part thereof;

1.1.5 Place and Time

(i) “Day" means calendar day of the English Calendar.


(ii) “Week" means seven (7) consecutive Days, beginning Monday.
(iii) “Month" means calendar month of the English Calendar.
(iv) Title means twelve (12) consecutive Months.
(v) “Effective Date" means the date on which this Contract comes into force and effect
pursuant to Clause GCC 3.1.1.
(vi) “Contract Period" is the time period during which this Contract governs the relations and
obligations of the Client and Consultant in relation to the Work, as specified in the SCC.
(vii) “The Coverage Period" means the Days of the Week and the hours of those Days during
which maintenance, operational, and/or technical support services (if any) must be
available.

1.2 Interpretation

1.2.1 Contract Documents


Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all documents
forming part of the Contract (and all parts of these documents) are intended to be correlative,
complementary, and mutually explanatory. The Contract shall be read as a whole.

1.2.2 Governing Law


This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.

1.2.3 Governing Language


This Contract has been executed in the language specified in the SCC, which shall be the

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binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.

1.2.4 Relation between the parties


Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between the Client and the Consultant.

1.2.5 Singular and Plural


The singular shall include the plural and the plural the singular, except where the context
otherwise requires.

1.2.6 Headings
The headings shall not limit, alter or affect the meaning of this Contract. Persons Words
importing persons or parties shall include Companies, corporations, and government entities.

1.2.7 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.

1.2.8 Amendment
No amendment or other variation of the Contract shall be effective unless it is in writing, is
dated, expressly refers to the Contract, and is signed by a duly authorized representative of
each party to the Contract.

1.2.9 Independent Consultant


The Consultant shall be an independent contractor performing the Contract. The Contract
does not create any agency, partnership, joint venture, or other joint relationship between the
parties to the Contract. Subject to the provisions of the Contract, the Consultant shall be
solely responsible for the manner in which the Contract is performed. All employees,
representatives, or Subcontractors engaged by the Consultant in connection with the
performance of the Contract shall be under the complete control of the Consultant and shall
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not be deemed to be employees of the Client, and nothing contained in the Contract or in any
subcontract awarded by the Consultant shall be construed to create any contractual
relationship between any such employees, representatives, or Subcontractors and the Client.

1.2.10 Location
The Services shall be performed at such locations as are specified in Appendix 1 here to and,
where the location of a particular task is not so specified, at such locations, whether in the
Government's country or elsewhere, as the Client may approve.

1.2.11 Non waiver


(a) Subject to GCC 1.2.12 (b) of this Clause below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and conditions of the Contract or
the granting of time by either party to the other shall prejudice, affect, or restrict the rights
of that party under the Contract, nor shall any waiver by either party of any breach of
Contract operate as waiver of any subsequent or continuing breach of Contract.

(b) Any waiver of a party's rights, powers, or remedies under the Contract must be in writing,
must be dated and signed by an authorized representative of the party granting such
waiver, and must specify the right and the extent to which it is being waived.

1.2.12 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity, or un enforceability shall not affect the validity or
enforceability of any other provisions and conditions of the Contract.

1.2.13 Fairness and Good Faith


(a) Good Faith: The parties undertake to act in good faith with respect to each other's rights
under this contract and to adopt all reasonable measures to ensure the realization of the
objectives of this contract.

(b) Operation of the Contract


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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 “Dispute Settlement" 1.5 clause GCC hereof.

1.3 Representatives
(a) Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be
executed under this Contract by the Client or the Consultant may be taken or executed by the
officials specified in the SCC.

(b) Trust of Member in charge


In case the Consultant is a Joint Venture, the members hereby authorize the member specified
in the SCC to act on their behalf in exercising all the Consultant's rights and obligations
towards the Client under this Contract, including without limitation the receiving of
instructions and payments from the Client.

1.3.1 Project Manager


DELETED

1.3.2 Consultant's Representative


(a) If the Consultant's Representative is not named in the Contract, then within fourteen [14]
days from the Effective Date, the Consultant shall appoint the Consultant's Representative
and shall request the Client in writing to approve the person so appointed. The request
must be accompanied by detailed curriculum vitae for the nominee, as well as a
description of any other responsibilities the nominee would retain while performing the
duties of the Consultant's Representative. If the Client does not object to the appointment
within fourteen [14]* days, the Consultant's Representative shall be deemed to have been

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approved. If the Client objects to the appointment within fourteen [14] days giving the
reason therefore, then the Consultant shall appoint a replacement within fourteen [14]
days of such objection in accordance with the Sub-Clause 1.3.2(a) of this Clause GCC.

(b) Subject to the extensions and/or limitations specified in the SCC (if any), the Consultant's
Representative shall have the authority to represent the Consultant on all day-to-day
matters relating to the Contract, and shall normally be the person giving or receiving
notices on behalf of the Consultant pursuant to “Notices" 1.4 Clause GCC.
(c) The Consultant shall not revoke the appointment of the Consultant's Representative
without the Client's prior written consent, which shall not be unreasonably withheld. If the
Client consents to such an action, the Consultant shall appoint another person of equal or
superior qualifications as the Consultant's Representative, pursuant to the procedure set
out in 1.3.2(a) of this Clause GCC.
(d) The Consultant's Representative and staff are obliged to work closely with the Client's
Project Manager and staff, act within their own authority, and abide by directives issued
by the Client that are consistent with the terms of the Contract. The Consultant's
Representative is responsible for managing the activities of its personnel and any
subcontracted personnel.
(e) Any act or exercise by any person of powers, functions and authorities so delegated to
him or her in accordance with Sub-Clause 1.3.2(e)) of this Clause GCC shall be deemed
to be an act or exercise by the Consultant's Representative.

1.3.3 Objections and Removals


If the Client finds that any of the Experts has committed serious misconduct or has been
charged with having committed a criminal action, or shall the Client determine that
Consultant's Expert has engaged in corrupt, fraudulent, collusive, coercive or obstructive
practice while performing the Services, the Consultant shall, at the Client's written request,
provide a replacement.

In the event that any of Key Experts is found by the Client to be incompetent or incapable in
discharging assigned duties, the Client, specifying the grounds therefore, may request the
Consultant to provide a replacement.
The Consultant should not replace more than 20% of the proposed team for this project. Any

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replacement of the removed Experts shall possess equal or better qualifications and
experience and shall be approved by the client before appointment to the Client.

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

1.4 NOTICES

1.4.1
(a) Unless other wise stated in the Contract, all notices to be given under the Contract shall be in
writing and shall be sent, pursuant to Sub-Clause1.4.3 of this Clause GCC below, by personal
delivery, registered post, special courier, cable, telegraph, telex, facsimile, electronic mail, or
Electronic Data Interchange (EDI), with the following provisions.
(b) Any notice sent by electronic mail shall be confirmed within one (1) days after date of
transmitting such electronic mail except as otherwise specified in the Contract.
(c) Any notice sent by registered post or special courier shall be deemed (in the absence of
evidence of earlier receipt) to have been delivered ten (10*) days after dispatch. In
proving the fact of dispatch, it shall be sufficient to show that the envelope containing
such notice was properly addressed, stamped, and conveyed to the postal authorities or
courier service for transmission by mail or special courier.
(d) Any notice delivered personally or sent by cable, telegraph, telex, facsimile, electronic
mail, or EDI shall be deemed to have been delivered on the date of its dispatch.
(e) Either party may change its postal, cable, telex, facsimile, electronic mail, or EDI addresses
for receipt of such notices by ten (10) days' notice to the other party in writing.
1.4.2
Notices shall be deemed to include any approvals, consents, instructions, orders, certificates,
information and other communication to be given under the Contract.

1.4.3

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Pursuant to “Representatives"1.3 Clause GCC, notices from/to the Client are normally given
by, or addressed to, the Project Manager, while notices from/to the Consultant are normally
given by, or addressed to, the Consultant's Representative, or in its absence its deputy if any.
If there is no appointed Project Manager or Consultant's Representative (or deputy), or if their
related authority is limited by the sub-clause 1.3.1 or “Representatives" 1.3.2(b) of
“Representatives" 1.3 Clause of SCC for GCC, or for any other reason, the Client or
Consultant may give and receive notices at their fall-back addresses. The address of the
Project Manager and the fall-back address of the Client are as specified in the SCC or as
subsequently established/amended. The address of the Consultant's Representative and the
fall-back address of the Consultant are as specified in SCC of the Contract Agreement or as
subsequently established/amended.

1.5 DISPUTE SETTLEMENT

1.5.1 Dispute and Mutual Consultation


The Parties shall seek to resolve any dispute amicably by mutual consultation.

If either Party objects to any action or inaction of the other Party, the objecting Party may file a
written Notice of Dispute to the other Party providing in detail the basis of the dispute. The
Party receiving the Notice of Dispute will consider it and respond in writing within fourteen
[14*] days after receipt. If that Party fails to respond within fourteen [14*] days, or the dispute
cannot be amicably settled within fourteen [14*] days following the response of that Party.

1.5.2 Appellate Authority


In the event of any dispute, controversy, or claim arising out of or relating to this Agreement,
including any questions regarding its existence, validity, or termination, such disputes shall be
referred to the Appellate Authority for resolution. The Appellate Authority shall have exclusive
jurisdiction to hear and resolve any disputes between the parties, and its decision shall be binding
and final, subject to any legal rights of appeal.

The Appellate Authority for the purpose of this contract is the Secretary, Municipal Administration
& Urban Development (MA&UD) Government of Andhra Pradesh.

1.5.3 Arbitration

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(a) Any dispute between the Parties arising under or related to this Contract that cannot be
settled at the Appellate Authority may be referred to by either Party to the
adjudication/arbitration in accordance with the provisions specified in the SCC.

1.6 Copyright, Confidential Information, and Ownership


1.6.1 Copyright
As applicable, the Client's and Consultant's rights and obligations with respect to the designs,
methodologies, algorithms, surveys, data, analysis, results, and reports among other things in
the deliverables, are specified in the SCC. Subject to the SCC, the Intellectual Property Rights
in all the designs, methodologies, data, analysis, results, and reports among other things in the
deliverables of the Contract Agreement shall, at the date of this Contract or on creation of the
rights (if later than the date of this Contract), vest in the Client. The Consultant shall do and
execute or arrange for the doing and executing of each necessary act, document, and thing
that the Client may consider necessary or desirable to perfect the right, title, and interest of
the Client in and to those rights. In respect of such deliverable, the Consultant shall ensure that
the holder of a moral right in such an item does not assert it, and the Consultant shall, if
requested to do so by the Client and were permitted by applicable law, ensure that the holder
of such a moral right waives it.

1.6.2 Confidential Information


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

1.6.3
For the purposes of sub-clause 1.6.2 of this clause GCC, the Consultant is also deemed to be
the Receiving Party of Confidential Information generated by the Consultant itself in the
course of the performance of its obligations under the Contract and relating to the businesses,
services, finances, Consultants, employees, or other contacts of the Client or the Client's use
of the deliverables.

1.6.4

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Notwithstanding sub-clause 1.6.2 and sub-clause 1.6.3 of this clause GCC the Consultant may
furnish to its Subcontractor Confidential Information of the Client to the extent reasonably
required for the Subcontractor to perform its work under the Contract, in which event the
Receiving Party shall ensure that the person to whom it furnishes Confidential Information of
the Disclosing Party is aware of and abides by the Receiving Party's obligations under this
GCC Clause as if that person were party to the Contract in place of the Receiving Party.

1.6.5
The Consultant shall not, without the Client's prior written consent, use any Confidential
Information received from the Client for any purpose other than those that are required for the
performance of the Contract.

1.6.6
The obligation of the Receiving Party under sub-clause 1.6.2 through sub-clause 1.6.2 of this
clause GCC, however, shall not apply to that information which
(a) Now or hereafter enters the public domain through no fault of the Receiving Party;
(b) can be proven to have been possessed by the Receiving Party at the time of disclosure and
that was not previously obtained, directly or indirectly, from the Disclosing Party;
(c) Otherwise lawfully becomes available to the Receiving Party from a third party that has
no obligation of confidentiality.

1.6.7
The above provisions of this GCC Clause shall not in any way modify any undertaking of
confidentiality given by the Consultant prior to the date of the Contract in respect of the
System or any part thereof.

1.6.8
The provisions of this GCC Clause shall survive the termination, for whatever reason, of the
Contract for three [3] years or such longer period as may be specified in the SCC.
1.6.9
The ownership of the deliverables and other Services or Goods shall be transferred to the
Client at the time of Delivery or otherwise under terms that may be agreed upon and specified
in the Contract Agreement.

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Ownership and the terms of usage of the deliverables supplied under the Contract shall be
governed by sub-clause 1.6.1 of this clause GCC and any elaboration in the Requirements.

All plans, drawings, specifications, designs, reports, algorithms, source code of software, any
similar thing prepared utilizing the Client's domain knowledge, and other documents and
tools prepared by the Consultant for the Client under this contract shall become and remain
the property of the Client, and the Consultant shall, not later than upon termination or
expiration of this contract, deliver all such documents to the Client together with a detailed
inventory thereof. The Consultant may retain a copy of such documents, tools and software, if
any. Restriction about the future use of these documents and software, if any, shall be
specified in the SCC.

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GUARANTEES, LIABILITIES, INDEMNITIES, INSURANCE AND RISKS

2.1 Time Guarantee and Vacancy Clauses


2.1.1 Guarantee
The Consultant guarantees that it shall complete the performance of various activities of the
contract within the time periods specified in the Implementation Schedule in the
Requirements part of Volume I and/or the Agreed and Finalized Project Plan pursuant to GCC
Clause 6.1, or within such extended time to which the Consultant shall be entitled under GCC
Clause 3.1.5 (Extension of Time).

2.1.2 Triggering of Time Guarantee


a. If the Consultant fails to perform the various activities within the time specified in the
Implementation Schedule in the Requirements part of Volume I or the Agreed and Finalized
Project Plan, or any extension of the time previously granted under GCC Clause (Extension
of Time), the portion of the Consultants’ pay for the specified task for the quarter will be
withheld until the delivery of the activities is completed

2.1.3 Vacancy Clauses and Trigger


If any position is vacant, as defined under SCC clause, the payment to the consultant will be
subject to deductions as specified under the said SCC clause.

2.2 Service Conformity Guarantee and Performance Security Trigger


2.2.1
The Consultant guarantees that, once the Acceptance Certificate(s) has been issued, the work is
in compliance with the Client's requirements set forth in the Requirements and it conforms to
all other aspects of the Contract. The Consultant acknowledges that GCC Clause 6.2.5
regarding Acceptance governs how conformance of the work to the Contract requirements
will be determined.

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2.2.2
If, for reasons attributable to the Consultant, the work does not conform to the Requirements or
does not conform to all other aspects of the Contract, the Consultant shall at its cost and
expense make such changes, modifications, and/or additions as may be necessary to conform
to the Requirements and meet all standards. The Consultant shall notify the Client upon
completion of the necessary changes, modifications, and/or additions and shall request the
Client to re-check.

2.2.3
If the work fails to conform to the Requirements, the Client may consider termination of the
Contract, pursuant to GCC Clause 4.3, and forfeiture of the Consultant's Performance Security
in accordance with GCC Clause 4.3 in compensation for the extra costs and delays likely to
result from this failure.

2.3 IPR Warranty and Indemnity


2.3.1 IPR Warranty
The Consultant hereby represents and warrants that the performance of the Service, does not
and will not infringe any Intellectual Property Rights held by any third party and that it has all
necessary rights or at its sole expense shall have secured in writing all transfers of rights and
other consents necessary to make the assignments, licenses, and other transfers of Intellectual
Property Rights and the warranties set forth in the Contract, and for the Client to own or
exercise all Intellectual Property Rights as provided in the Contract. Without limitation, the
Consultant shall secure all necessary written agreements, consents, and transfers of rights
from its employees and other persons or entities whose services are used.

2.3.2 IPR Indemnity


The Consultant shall indemnify and hold harmless the Client and its employees and officers
from and against any and all losses, liabilities, and costs (including losses, liabilities, and costs
incurred in defending a claim alleging such a liability), that the Client or its employees or
officers may suffer as a result of any infringement or alleged infringement of any Intellectual
Property Rights by reason of performance of the service.
2.3.3
Such indemnities shall not apply if any claim of infringement

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(a) Is asserted by a parent, subsidiary, or affiliate of the Client's organization;
(b) Is a direct result of a design mandated by the Client's Requirements and the possibility
of such infringement was duly noted in the Consultant's Proposal or Bid;

2.3.4
If any proceedings are brought or any claim is made against the Client arising out of the
matters referred to in Sub-clause 2.3.2 of this clause GCC, the Client shall promptly give the
Consultant notice of such proceedings or claims, and the Consultant may at its own expense
and in the Client's name conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim.

If the Consultant fails to notify the Client within twenty-eight [28*] days after receipt of such
notice that it intends to conduct any such proceedings or claim, then the Client shall be free to
conduct the same on its own behalf. Unless the Consultant has so failed to notify the Client
within the twenty-eight [28*] days, the Client shall make no admission that may be prejudicial
to the defence of any such proceedings or claim. The Client shall, at the Consultant's request,
afford all available assistance to the Consultant in conducting such proceedings or claim and
shall be reimbursed by the Consultant for all reasonable expenses incurred in so doing, unless
otherwise specified in the SCC.

2.3.5
The Client shall indemnify and hold harmless the Consultant and its employees, officers, and
Subcontractors from and against any and all losses, liabilities, and costs (including losses,
liabilities, and costs incurred in defending a claim alleging such a liability) that the Consultant
or its employees, officers, or Subcontractors may suffer as a result of any infringement or
alleged infringement of any Intellectual Property Rights arising out of or in connection with
any design, data, drawing, specification, or other documents or materials provided to the
Consultant in connection with this Contract by the Client or any persons (other than the
Consultant) contracted by the Client, except to the extent that such losses, liabilities, and
costs arise as a result of the Consultant's breach of sub-clause of this clause GCC.
Such indemnity shall not cover
(a) any use of the design, data, drawing, specification, or other documents or materials, other
than for the purpose indicated by or to be reasonably inferred from the Contract;
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(b) any infringement resulting from the use of the design, data, drawing, specification, or
other documents or materials, or any products produced thereby, in association or
combination with any other Goods or Services not provided by the Client or any other
person contracted by the Client, where the infringement arises because of such association
or combination and not because of the use of the design, data, drawing, specification, or
other documents or materials in its own right.
Such indemnities shall also not apply
(a) If any claim of infringement is asserted by a parent, subsidiary, or affiliate of the
Consultant's organization;
(b) To the extent that any claim of infringement is caused by the alteration, by the Consultant,
or any persons contracted by the Consultant, of the design, data, drawing, specification, or
other documents or materials provided to the Consultant by the Client or any persons
contracted by the Client.
2.3.6
If any proceedings are brought or any claim is made against the Consultant arising out of the
matters referred to in Sub-clause 2.3.2 of this clause GCC, the Consultant shall promptly give
the Client notice of such proceedings or claims, and the Client may at its own expense and in
the Consultant's name conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim. If the Client fails to notify the Consultant within
twenty-eight [28*] days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Consultant shall be free to conduct the same on its own behalf.
Unless the Client has so failed to notify the Consultant within the twenty-eight [28*] days, the
Consultant shall make no admission that may be prejudicial to the defence of any such
proceedings or claim. The Consultant shall, at the Client's request, afford all available
assistance to the Client in conducting such proceedings or claim and shall be reimbursed by
the Client for all reasonable expenses incurred in so doing, unless otherwise specified in the
SCC.

2.4 LIMITATION OF LIABILITY


2.4.1
(a) Subject to additional provisions, if any, set forth in the SCC, the Consultant's liability under
this Contract shall be as determined under the Applicable Law.

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(b) The Consultant shall not be liable to the Client, whether in contract, tort, or otherwise, for
any indirect or consequential loss or damage, loss of use, or loss of “interest" costs,
provided that this exclusion shall not apply to any obligation of the Consultant to pay
liquidated damages to the Client; and the Consultant shall replace all the equipment which
is intentionally / accidentally damaged during the course of supply of services.

(c) The aggregate liability of the Consultant to the Client, whether under the Contract, in tort
or otherwise, shall not exceed the total Contract Price, agreed by the both parties;
provided that this limitation shall not apply to any obligation of the Consultant to
indemnify the Client with respect to intellectual property rights infringement.

2.5 INDEMNITY
2.5.1
The Consultant shall abide by the job safety, insurance, other prevalent measures and the
Applicable Law.

2.5.2
Subject to Sub-clause 2.5.3 of this Clause GCC, the Consultant shall indemnify and hold
harmless the Client and its employees and officers from and against any and all losses,
liabilities and costs (including losses, liabilities, and costs incurred in defending a claim
alleging such a liability) that the Client or its employees or officers may suffer as a result of
the death or injury of any person or loss of or damage to any property arising in connection
with the service and by reason of the negligence of the Consultant or its Subcontractors,
or their employees, officers or agents, except any injury, death, or property damage caused
by the negligence of the Client, its contractors, employees, officers, or agents.
2.5.3
If any proceedings are brought or any claim is made against the Client that might subject the
Consultant to liability under Sub-clause 2.5.2 of this clause GCC, the Client shall promptly
give the Consultant the notice of such proceedings or claims, and the Consultant may at its
own expense and in the Client's name get conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim. If the Consultant fails to
notify the Client within twenty-eight [28*] days after receipt of such notice that it intends to

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conduct any such proceedings or claim, then the Client shall be free to conduct the same on
its own behalf. Unless the Consultant has so failed to notify the Client within the twenty-eight
[28*] day period, the Client shall make no admission that may be prejudicial to the defence of
any such proceedings or claim. The Client shall, at the Consultant's request, afford all
available assistance to the Consultant in conducting such proceedings or claim and shall be
reimbursed by the Consultant for all reasonable expenses incurred in so doing, unless
otherwise specified in the SCC.

2.5.4
The Client shall indemnify and hold harmless the Consultant and its employees, officers, and
Subcontractors from any and all losses, liabilities, and costs (including losses, liabilities, and
costs incurred in defending a claim alleging such a liability) that the Consultant or its
employees, officers, or Subcontractors may suffer as a result of the death or personal injury of
any person or loss of or damage to property of the Client, that is caused by fire, explosion, or
any other perils, in excess of the amount recoverable from insurances procured under
\Insurances" Clause 2.6 of GCC, provided that such fire, explosion, or other perils were not
caused by any negligent act or failure of the Consultant.

2.5.5
If any proceedings are brought or any claim is made against the Consultant that might subject
the Client to liability under Sub-clause 2.5.4 of this clause GCC, the Consultant shall
promptly give the Client the notice of such proceedings or claims, and the Client may at its own
expense and in the Consultant's name conduct such proceedings or claim and any negotiations
for the settlement of any such proceedings or claim. If the Client fails to notify the Consultant
within twenty-eight [28*] days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Consultant shall be free to conduct the same on its own behalf.
Unless the Client has so failed to notify the Consultant within the twenty-eight [28*] days, the
Consultant shall make no admission that may be prejudicial to the defence of any such
proceedings or claim. The Consultant shall, at the Client's request, afford all available
assistance to the Client in conducting such proceedings or claim and shall be reimbursed by
the Client for all reasonable expenses incurred in so doing.
2.5.6
The party entitled to the benefit of an indemnity under this GCC Clause shall take all

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reasonable measures to mitigate any loss or damage that has occurred. If the party fails to
take such measures, the other party's liabilities shall be correspondingly reduced, unless
otherwise specified in the SCC.

2.6 INSURANCES
2.6.1
The Consultant
(i) shall take out and maintain at its own cost but on terms and conditions approved by the
Client, insurance against the risks, and for the coverage specified in the SCC, and
(ii) at the Client's request, shall provide evidence to the Client showing that such insurance
has been taken out and maintained and that the current premiums therefore have been
paid. The Consultant shall ensure that such insurance is in place prior to commencing the
Services as stated in Clause GCC Clause 3.1.2.

2.6.2
The Consultant shall provide certificate of insurance of requisite value in the name of the
Client to Sub-clause 2.6.1 of this clause GCC, except for the Third-Party Liability, pursuant
to Sub-clause 2.6.1 of this clause GCC.

2.6.3
The Consultant shall deliver to the Client certificates of insurance (or copies of the insurance
policies) as evidence that the required policies are in full force and effect.

2.6.4
The Consultant shall ensure insurance policies for their personnel and vehicles and for work
executed by them under the Contract.

2.6.5
If the Consultant fails to take out and/or maintain in effect the insurance referred to in Sub-
clause 2.6.1 of this clause GCC, the Client may take out and maintain in effect any such
insurance and may from time to time deduct from any amount due to the Consultant under the
Contract any premium that the Client shall have paid to the insurer or may otherwise recover
such amount as a debt due from the Consultant.

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2.6.6
Unless otherwise provided in the Contract, the Consultant shall prepare and conduct all and
any claims made under the policies affected by it pursuant to this GCC Clause and all monies
payable by any insurers shall be paid to the Consultant. The Client shall give to the Consultant
all such reasonable assistance as may be required by the Consultant in connection with any
claim under the relevant insurance policies. With respect to insurance claims in which the
Client's interest is involved, the Consultant shall not give any release or make any compromise
with the insurer without the prior written consent of the Client. With respect to insurance
claims in which the Consultant's interest is involved, the Client shall not give any release or
make any compromise with the insurer without the prior written consent of the Consultant.

2.7 FORCE MAJEURE


2.7.1
“Force Majeure" means an event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and makes a Party's performance of its obligations hereunder
impossible or so impractical as reasonably to be considered impossible under the
circumstances, and subject to those requirements, includes, but is not limited to, war, riots,
civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions,
strikes, lockouts or other industrial action confiscation or any other action by Government
agencies.
Force Majeure shall not include

(i) any event which is caused by the negligence or intentional action of a Party or such
Party's Experts, or agents or employees, or

(ii) any event which a diligent Party could reasonably have been expected to both take into
account at the time of the conclusion of this Contract, and avoid or overcome in the
carrying out of its obligations hereunder.

2.7.2 No Breach of Contract


Force Majeure shall not include insufficiency of funds or failure to make any payment required
hereunder. The failure of a Party to fulfill any of its obligations hereunder shall not be

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considered to be a breach of, or default under, this Contract insofar as such inability arises
from an event of Force Majeure, provided that the Party affected by such an event has taken
all reasonable precautions, due care and reasonable alternative measures, all with the
objective of carrying out the terms and conditions of this Contract.
2.7.3 Measures to be Taken
A Party affected by an event of Force Majeure shall continue to perform its obligations under
the Contract as far as is reasonably practical and shall take all reasonable measures to
minimize the consequences of any event of Force Majeure.
A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any case not later than fourteen [14*] calendar days following the
occurrence of such event, providing evidence of the nature and cause of such event, and shall
similarly give written notice of the restoration of normal conditions as soon as possible. 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.
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant, upon instructions by the Client, shall either

(a) Demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Client, in reactivating the
Services; or
(b) Continue with the Services to the extent reasonably possible, in which case the Consultant
shall continue to be paid under the terms of this Contract and be reimbursed for additional
costs reasonably and necessarily incurred.
In the case of disagreement between the Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to Clauses GCC Clause 1.5.

2.7.4
The party or parties affected by the event of Force Majeure shall use reasonable efforts to
mitigate the effect of the event of Force Majeure upon its or their performance of the Contract
and to fulfil its or their obligations under the Contract, but without prejudice to either party's
right to terminate the Contract under GCC Clause 3.1.6.

2.7.5
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No delay or non-performance by either party to this Contract caused by the occurrence of any
event of Force Majeure shall
(a) constitute a default or breach of the Contract;
(b) (Subject to GCC Clauses Clause 3.1.3, and Clause 3.1.4 give rise to any claim for
damages or additional cost or expense occasioned by the delay or non-performance, if,
and to the extent that, such delay or non-performance is caused by the occurrence of an
event of Force Majeure.
2.7.6
If the performance of the Contract is substantially prevented, hindered, or delayed for a single
period of more than sixty [60*] days or an aggregate period of more than one hundred and
twenty [120*] days on account of one or more events of Force Majeure during the time covered
by the Contract, the parties will attempt to develop a mutually satisfactory solution, failing
which, either party may terminate the Contract by giving a notice to the other, unless
otherwise specified in the SCC.

2.7.7
In the event of termination pursuant to GCC Clause 3.1.6, the rights and obligations of the
Client and the Consultant shall be as specified in GCC “Termination" Clause 3.2.

2.7.8
Notwithstanding GCC Clause 3.1.5, Force Majeure shall not apply to any obligation of the
Client to make payments to the Consultant under this Contract.

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TERM, TERMINATION AND MODIFICATION OF CONTRACT

3.1 Term
3.1.1 Effectiveness of contract
This Contract shall come into force and effect on the date (the “Effective Date") of the Client's
notice to the Consultant instructing the Consultant to begin carrying out the Services. This
notice shall confirm that the effectiveness conditions, if any, listed in the SCC have been met.

3.1.2 Commencement of Services


The Consultant shall confirm availability of Key Experts and begin carrying out the Services
not later than the number of days after the Effective Date specified in the SCC.

3.1.3
The Consultant shall commence work within the period specified at Sub-clause 3.1.2 of this
clause GCC, and the Consultant shall thereafter proceed with the work in accordance with the
time schedule specified in the Implementation Schedule in the Requirements Section and any
refinements made in the Agreed and Finalized Project Plan.

3.1.4
The Consultant shall adhere to the time lines in the Implementation Schedule in the
Requirements Section and any refinements made in the Agreed and Finalized Project Plan, or
within such extended time to which the Consultant shall be entitled under GCC Clause
3.1.5(Extension of Time).

3.1.5 Extension of time


The time(s) specified in the Schedule of Implementation shall be extended if the Consultant is
delayed or impeded in the performance of any of its obligations under the Contract by reason
of any of the following.
(a) Any occurrence of Force Majeure as provided in GCC Clause “Force Majeure" 2.7;
(b) Default of the Client; or
(c) Any other matter specifically mentioned in the Contract;
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect
the delay or impediment sustained by the Consultant.
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3.1.6
Except where otherwise specifically provided in the Contract, the Consultant shall submit to
the Project Manager a notice of a claim for an extension of the time, together with particulars
of the event or circumstance justifying such extension as soon as reasonably practicable after
the commencement of such event or circumstance.
As soon as reasonably practicable after receipt of such notice and supporting particulars of
the claim, the Client and the Consultant shall agree upon the period of such extension. In the
event that the Consultant does not accept the Client's estimate of a fair and reasonable time
extension, the Consultant shall be entitled to refer the matter under “Settlement of Disputes" of
GCC Clause 1.5.
3.1.7
The Consultant shall always use its reasonable efforts to minimize any delay in the
performance of its obligations under the Contract.

3.2 Termination
3.2.1 Expiration of contract
Unless terminated earlier pursuant to GCC Clause 3.1 hereof, this Contract shall expire at the
end of such time period after the Effective Date as specified in the SCC.
3.2.2 Termination by the Client
The Client may terminate this Contract in case of the occurrence of any of the events specified
in paragraphs 3.2.2(a) through 3.2.2(f) of this Clause. In such an occurrence the Client shall
give at least thirty [30*] calendar days' written notice of termination to the Consultant in case
of the events referred to in 3.2.2(a) through 3.2.2(d); at least sixty [60*] calendar days' written
notice in case of the event referred to in 3.2.2(e); and at least five (5*) calendar days' written
notice in case of the event referred to in 3.2.2(f).

unless otherwise specified in the SCC.


(a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder,
as specified in a notice of suspension pursuant to Clause GCC Clause 3.2;
(b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of
its members becomes) insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go

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into liquidation or receivership whether compulsory or voluntary;
(c) If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GCC Clause 1.5;
(d) If, as the result of Force Majeure, the Consultant is unable to perform a material portion
of the Services for a period of not less than sixty [60*] calendar days; unless otherwise
specified in the SCC
(e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract;
(f) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC
Clause 3.1.

Sub-Clause: Furthermore, if the Client determines that the Consultant has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices, in competing for or in executing the
Contract, then the Client may, after giving fourteen (14*) calendar days written notice to the
Consultant, terminate the Consultant's employment under the Contract. For the purposes of
this Clause, along with the ACG (Volume IV: Corrupt & Fraudulent Practices),
(i) “corrupt practice" is the offering, giving, receiving or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
(ii) “fraudulent practice" is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation;
(iii) “collusive practice" is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party;
(iv) “coercive practice" is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions
of a party;
(v) “obstructive practice" is (aa) deliberately destroying, falsifying, altering or concealing
of evidence material to the investigation or making false statements to investigators in
order to materially impede an investigation by the Trust into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or (bb)acts intended to materially
impede the exercise of the Client's inspection and audit rights provided for under Sub-
Clause “Consultant's Responsibilities" GCC.
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(g) If the Client, in its sole discretion and for any reasons whatsoever, decides to terminate
this contract.

3.2.3 Termination by the Consultant


The Consultant may terminate this Contract, by not less than thirty [30*] calendar days'
written notice to the Client, in case of the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause.
(a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and
not subject to dispute pursuant to Clauses GCC 1.5 within forty-five [45*] calendar days
after receiving written notice from the Consultant that such payment is overdue. unless
otherwise specified in the SCC.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion
of the Services for a period of not less than sixty [60*] calendar days.
(c) If the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GCC.
(d) If the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five [45*] days (or such longer period as the Consultant
may have subsequently approved in writing) following the receipt by the Client of the
Consultant's notice specifying such breach.

3.2.4 Termination of contract for failure to become effective


If this Contract has not become effective within such time period after the date of Contract
signature as specified in the SCC, either Party may, by not less than twenty-two [22*] days
written notice to the other Party, declare this Contract to be null and void, and in the event of
such a declaration by either Party, neither Party shall have any claim against the other Party
with respect hereto. unless otherwise specified in the SCC.

3.2.5 Cessation of rights and obligations


Upon termination of this Contract pursuant to GCC Clause 3.2 or GCC Clause 3.2.2 hereof,
or upon expiration of this Contract pursuant to Clause 3.2.3, all rights and obligations of the
Parties hereunder shall cease, except
(i) such rights and obligations as may have accrued on the date of termination or expiration,
(ii) the obligation of confidentiality set forth in Clause GCC 1.6,

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(iii) the Consultant's obligation to permit inspection, copying and auditing of their accounts
and records set forth in Clause 5.1, and Clause 5.1.3 any right which a Party may have
under the Applicable Law.

3.2.6 Cessation of Services


Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
3.2.2 or GCC 3.2.3, the Consultant shall, immediately upon dispatch or receipt of such notice,
take all necessary steps to bring the Services to a close in a prompt and orderly manner and
shall make every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultant and equipment and materials furnished by
the Client, the Consultant shall proceed as provided, respectively, by Clauses GCC
Clause 5.1.7.

3.2.7 Payment upon Termination


Upon termination of this Contract, the Client shall make the following payments to the
Consultant.
(a) Remuneration for Services satisfactorily performed prior to the effective date of
termination, and reimbursable expenditures for expenditures actually incurred prior to the
effective date of termination; and pursuant;
(b) In the case of termination pursuant to paragraphs (d) and (e) of GCC Clause 3.2.2,
reimbursement of any reasonable cost incidental to the prompt and or early termination of
this Contract, including the cost of the return travel of the Experts.

3.2.8 Disputes about Events of termination


If either party disputes whether an event specified in paragraphs under Sub-clause 3.2.2 or
Sub-clause 3.2.3 of this Clause GCC occurred, such party may, within forty-five [45*] Days
after receipt of notice of termination from the party, refer the matter to arbitration pursuant to
“Dispute Settlement" 1.5 clause GCC hereof, and this contract shall be terminated on account
of such event except in accordance with the terms of any resulting arbitral award.

3.3 Modification
3.3.1 Permitted Modifications
Any modification or variation of the terms and conditions of this Contract, including any

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modification or variation 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 or variation made by the other Party.
In cases of substantial modifications or variations, the prior written consent of the Authority's
is required.

3.3.2 Introducing a Change


Client shall have the right to propose, and subsequently require, the Project Manager to order
the Consultant from time to time during the performance of the Contract to make any change,
modification, addition, or deletion to, in, or from the Service (interchangeably called
“Change"), provided that such Change falls within the general scope of the work, does not
constitute unrelated work, and is technically practicable, taking into account the capability of
the Consultant.

3.3.3
The Consultant may from time to time during its performance of the Contract propose to the
Client (with a copy to the Project Manager) any Change that the Consultant considers
necessary or desirable to improve the quality or efficiency of the Service. The Client may at
its discretion approve or reject any Change proposed by the Consultant.

3.3.4
Notwithstanding Sub-clause 3.3.2 and Sub-clause 3.3.3 of this clause GCC, no change made
necessary because of any default of the Consultant in the performance of its obligations under
the Contract shall be deemed to be a Change, and such change shall not result in any
adjustment of the Contract Price or the Time.

3.3.5 Assignment
Neither the Client nor the Consultant shall, without the express prior written consent of the
other, assign to any third party the Contract or any part thereof, or any right, benefit,
obligation, or interest therein or hereunder, except that the Consultant shall be entitled to
assign either absolutely or by way of charge any monies due and payable to it or that may
become due and payable to it under the Contract.

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PAYMENT

4.1 PRICE
4.1.1
The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment) of
the Contract Agreement.

4.1.2
Payments under this Contract shall not exceed the ceilings in foreign currency and in local
currency specified in the SCC.

4.1.3
The Consultant shall be deemed to have satisfied itself as to the correctness and sufficiency of
the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its
obligations under the Contract.

4.2 Payment Terms


4.2.1
The Client shall pay to the Consultant as specified in SCC
The Contract Price shall be paid in Indian Rupees as specified in the SCC.

4.2.2
No payment made by the Client herein shall be deemed to constitute acceptance by the Client of
any deliverable.

4.2.3
Payments shall be made promptly by the Client, but in no case later than sixty [60*] days
after submission of a valid invoice by the Consultant.

4.2.4 Mode of Billing and payments


Billings and payments in respect of the Services shall be made as follows:
(a) Advance payment. DELETED

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(b) The Itemized Invoices. As soon as practicable and not later than fifteen [15*] days after
the end of each calendar month during the period of the Services, or after the end of each
time interval otherwise indicated in the SCC, the Consultant shall submit to the Client, in
duplicate, itemized invoices, accompanied by the receipts or other appropriate supporting
documents, of the amounts payable pursuant to Clauses GCC 4.1 and GCC 4.2 for such
interval, or any other period indicated in the SCC. Separate invoices shall be submitted for
expenses incurred in foreign currency and in local currency. Each invoice shall show
remuneration and reimbursable expenses separately.
(c) The Client shall pay the Consultant's invoices within sixty [60*] days after the receipt by
the Client of such itemized invoices with supporting documents. Only such portion of an
invoice 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 Consultant, the Client may add or subtract the difference from any subsequent
payments. unless otherwise specified in the SCC.
(d) The Final Payment. The final payment under this Clause shall be made only after the
final report and a final invoice, identified as such, shall have been submitted by the
Consultant and approved as satisfactory by the Client. The Services shall be deemed
completed and finally accepted by the Client and the final report and final invoice shall be
deemed approved by the Client as satisfactory ninety [90*] calendar days after receipt of
the final report and final invoice by the Client unless the Client, within such ninety (90)
calendar day period, gives written notice to the Consultant specifying in detail
deficiencies in the Services, the final report or final invoice. The Consultant shall
thereupon promptly make any necessary corrections, and thereafter the foregoing process
shall be repeated. Any amount that the Client has paid or has caused to be paid in
accordance with this Clause in excess of the amounts payable in accordance with the
provisions of this Contract shall be reimbursed by the Consultant to the Client within
thirty (30) days after receipt by the Consultant of notice thereof. Any such claim by the
Client for reimbursement must be made within twelve (12) calendar months after receipt
by the Client of a final report and a final invoice approved by the Client in accordance
with the above.
(e) All payments under this Contract shall be made to the accounts of the Consultant specified
in the SCC.
(f) With the exception of the final payment under (d) above, payments do not constitute
acceptance of the Services nor relieve the Consultant of any obligations hereunder.

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4.2.5 Suspension
The Client may, by written notice of suspension to the Consultant, suspend all payments to
the Consultant hereunder if the Consultant fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension.
(i) Shall specify the nature of the failure, and
(ii) Shall request the Consultant to remedy such failure within a period not exceeding thirty
(30) calendar days after receipt by the Consultant of such notice of suspension.

4.3 SECURITIES
4.3.1 Issuance of Securities
The Consultant shall provide the securities specified below in favor of the Client at the times
and in the amount, manner, and form specified below.
4.3.2 Performance Security
(a) The Consultant shall, within fourteen [14] days of the notification of Contract award,
provide a security for the due performance of the Contract in the amount and currency
specified in the SCC.
(b) The security shall be a bank guarantee/ Insurance Surety Bond in the form provided in the
Appendix-5, or it shall be in another form acceptable to the Client.
(c) The security shall automatically become null and void once all the obligations of the
Consultant under the Contract have been fulfilled, including, but not limited to, any
obligations during the Warranty Period and any extensions to the period. The security
shall be returned to the Consultant no later than twenty-eight (28) days after its expiration.

(d) Upon Acceptance of the entire work, the security shall be reduced to the amount specified
in the SCC, on the date of such Acceptance, so that the reduced security would only cover
the remaining warranty obligations of the Consultant.

4.4 Taxes and Duties


4.4.1
The Consultant and Experts are responsible for meeting any and all tax liabilities arising out
of the Contract unless it is stated otherwise in the SCC. As an exception to the above and as
stated in the SCC, all local identifiable indirect taxes (itemized and finalized at Contract
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negotiations) are reimbursed to the Consultant or are paid by the Client on behalf of the
Consultant.
4.4.2
If any tax exemptions, reductions, allowances, or privileges may be available to the
Consultant, the Client shall use its best efforts to enable the Consultant to benefit from any
such tax savings to the maximum allowable extent.

4.4.3
For the purpose of the Contract, it is agreed that the Contract Price specified in Article 2
(Contract Price and Terms of Payment) of the Contract Agreement is based on the taxes,
duties, levies, and charges prevailing at the date thirty (30) days prior to the date of proposal
submission (also called “Tax" in this GCC sub-Clause). If any Tax rates are increased or
decreased, a new Tax is introduced, an existing Tax is abolished, or any change in
interpretation or application of any Tax occurs in the course of the performance of the
Contract, which was or will be assessed on the Consultant, its Subcontractors, or their
employees in connection with performance of the Contract, an equitable adjustment to the
Contract Price shall be made to fully take into account any such change by addition to or
reduction from the Contract Price, as the case may be.

RESPONSIBILITIES
5.1 Consultant's Responsibilities
5.1.1 Standard of Performance
The Consultant shall perform the Services and carry out the Services with all due diligence,
efficiency, and economy, in accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and employ appropriate technology
and safe and effective equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Contract or to the Services, as a faithful
adviser to the Client, and shall at all times support and safeguard the Client's legitimate
interests in any dealings with the third parties.
The Consultant may not subcontract part of the Services to any Sub-consultants without prior
approval of the Client.

5.1.2

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The Consultant shall perform the Services in accordance with the Contract and the Applicable
Law and shall take all practicable steps to ensure that any of its Experts and s, comply with
the Applicable Law.
The Client shall notify the Consultant in writing of relevant local customs, and the Consultant
shall, after such notification, respect such customs.

5.1.3 Consultant to affiliate not to engage in certain activities


The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant shall be disqualified from providing
goods, works or non-consulting services resulting from or directly related to the Consultant's
Services for the preparation or implementation of the project, unless otherwise indicated in
the SCC.

5.1.4 Prohibition of conflicting activities


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

5.1.5 Accounting, Inspection and Auditing


The Consultant shall keep accurate and systematic accounts and records in respect of the
Services in such form and detail as will clearly identify relevant time changes and costs.
The Consultant shall permit the authorities and/or persons appointed by the authorities to
inspect the Site and/or all accounts and records relating to the performance of the Contract
and the submission of the Proposal to provide the Services, and to have such accounts and
records audited by auditors appointed by the authorities if requested by the authorities. The
Consultant's attention is drawn to GCC Clause 2.4 which provides, inter alia, that acts
intended to materially impede the exercise of the authority's inspection and audit rights
provided for under this GCC Clause 5.1 constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility under the authority's prevailing
sanctions procedures.)

5.1.6 Maintaining of records and reports


Unless otherwise indicated in the SCC, all reports and relevant data and information such as

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maps, diagrams, plans, databases, other documents, and software, supporting records or
material compiled or prepared by the Consultant for the Client in the course of the Services
shall be confidential and become and remain the absolute property of the Client. The
Consultant shall, not later than upon termination or expiration of this Contract, deliver all
such documents to the Client, together with a detailed inventory thereof. The Consultant may
retain a copy of such documents, data and/or software but shall not use the same for purposes
unrelated to this Contract without prior written approval of the Client.
If license agreements are necessary or appropriate between the Consultant and third parties for
purposes of development of the plans, drawings, specifications, designs, databases, other
documents and software, the Consultant shall obtain the Client's prior written approval to
such agreements, and the Client shall be entitled at its discretion to require recovering the
expenses related to the development of the program(s) concerned. Other restrictions about the
future use of these documents and software, if any, shall be specified in the SCC.

5.1.7 Equipment and materials furnished by the Client


Equipment, vehicles and materials made available to the Consultant by the Client, or
purchased by the Consultant wholly or partly with funds provided by the Client, shall be the
property of the Client and shall be marked accordingly. Upon termination or expiration of this
Contract, the Consultant shall make available to the Client an inventory of such equipment,
vehicles and materials and shall dispose of such equipment, vehicles and materials in
accordance with the Client's instructions.
While in possession of such equipment, vehicles and materials, the Consultant, unless
otherwise instructed by the Client in writing, shall insure them at the expense of the Client in
an amount equal to their full replacement value.
Any equipment or materials brought by the Consultant or its Experts into the Client's country
for the use either for the project or personal use shall remain the property of the Consultant or
the Experts concerned, as applicable.

5.1.8
Other Consultant responsibilities, if any, are as stated in the SCC.

5.2 Client's Responsibilities


Unless otherwise specified in the SCC, the Client shall use its best efforts to carry out its
responsibilities.
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5.2.1
Assist the Consultant with obtaining work permits and such other documents as shall be
necessary to enable the Consultant to perform the Services.

5.2.2
Assist the Consultant with promptly obtaining, for the Experts and, if appropriate, their
eligible dependents, all necessary entry and exit visas, residence permits, exchange permits
and any other documents required for their stay in the Client's country while carrying out the
Services under the Contract.
5.2.3
Facilitate prompt clearance through customs of any property required for the Services and of
the personal effects of the Experts and their eligible dependents.

5.2.4
Issue to officials, agents, and representatives of the Government all such instructions and
information as may be necessary or appropriate for the prompt and effective implementation of
the Services.
5.2.5
Assist the Consultant and the Experts with obtaining exemption from any requirement to
register or obtain any permit to practice their profession or to establish themselves either
individually or as a corporate entity in the Client's country according to the applicable law in
the Client's country.

5.2.6
Assist the Consultant and the Experts of either of them with obtaining the privilege, pursuant
to the applicable law in the Client's country, of bringing into the Client's country reasonable
amounts of foreign currency for the purposes of the Services or for the personal use of the
Experts and of withdrawing any such amounts as may be earned therein by the Experts in the
execution of the Services.

5.2.7 Access to facilities


The Client warrants that the Consultant shall have, free of charge, unimpeded access to the

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project site in respect of which access is required for the performance of the Services. The
Client will be responsible for any damage to the project site or any property thereon resulting
from such access and will indemnify the Consultant and each of the experts in respect of
liability for any such damage, unless such damage is caused by the willful default or negligence
of the Consultant or their Experts.

5.2.8 Counter personnel


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

If counterpart personnel are not provided by the Client to the Consultant as and when
specified in Appendix 1, the Client and the Consultant shall agree on (i) how the affected part
of the Services shall be carried out, and (ii) the additional payments, if any, to be made by the
Client to the Consultant as a result thereof pursuant to GCC clause 4.2.3 as specified.

Professional and support counterpart personnel, excluding Client's liaison personnel, shall
work under the exclusive direction of the Consultant. If any member of the counterpart
personnel fails to perform adequately any work assigned to such member by the Consultant
that is consistent with the position occupied by such member, the Consultant may request the
replacement of such member, and the Client shall not unreasonably refuse to act upon such
request.

5.2.9 Services, facilities and Property of the Client


The Client shall make available to the Consultant and the Experts, for the purposes of the
Services and free of any charge, the services, facilities and property described in the Terms of
Reference (Appendix 1) at the times and in the manner specified in said Appendix 1.

In case that such services, facilities and property shall not be made available to the Consultant
as and when specified in Appendix 1, the Parties shall agree on

(i) any time extension that it may be appropriate to grant to the Consultant for the
performance of the Services,

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(ii) the manner in which the Consultant shall procure any such services, facilities and property
from other sources, and

(iii) The additional payments, if any, to be made to the Consultant as a result thereof pursuant to
Clause GCC 4.

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SUBJECT OF CONTRACT

6.1 Project Plan


6.1.1
In close cooperation with the Client and based on the Preliminary Project Plan included in the
Consultant's proposal/bid, the Consultant shall develop a Project Plan encompassing the
activities specified in the Contract. The contents of the Project Plan shall be as specified in the
SCC and/or Requirements.

6.1.2
The Progress and other reports specified in the SCC shall be prepared by the Consultant and
submitted to the Client in the format and frequency specified in the Requirements.

6.1.3
The Consultant shall formally present to the Client the Project Plan in accordance with the
procedure specified in the SCC.

6.1.4
The Consultant shall undertake to deliver in accordance with the Agreed and Finalized Project
Plan and the Contract.

6.2 Documents Approval


6.2.1 Instructions and Specifications
(a)The Consultant shall execute the work and the implementation activities necessary for
successful performance of the work in compliance with the provisions of the Contract or,
where not so specified, in accordance with good industry practice.

6.2.2 Codes and Standards


Wherever references are made in the Contract to codes and standards in accordance with
which the Contract shall be executed, the edition or the revised version of such codes and
standards current at the date of signing the Contract shall apply unless otherwise specified in
the SCC. During Contract execution, any changes in such codes and standards shall be applied
after approval by the Client.
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6.2.3 Approval/Review of Documents by the Project Manager
(a) The Consultant shall prepare and furnish to the Project Manager the documents as
specified in the SCC for the Project Manager's approval or review. Any part of the Service
covered by or related to the documents to be approved by the Project Manager shall be
executed only after the Project Manager's approval of these documents. Sub-clause
6.2.3(b) onwards of this clause GCC shall apply to those documents requiring the Project
Manager's approval, but not to those furnished to the Project Manager for its review only.

(b) Within fourteen [14*] days after receipt by the Project Manager of any document
requiring the Project Manager's approval in accordance with Sub-clause 6.2.3(a) of this
clause GCC, the Project Manager shall either return one copy of the document to the
Consultant with its approval endorsed on the document or shall notify the Consultant in
writing of its disapproval of the document and the reasons for disapproval and the
modifications that the Project Manager proposes. If the Project Manager fails to take such
action within the fourteen [14*] days, then the document shall be deemed to have been
approved by the Project Manager.

(c) The Project Manager shall not disapprove any document except on the grounds that the
document does not comply with some specified provision of the Contract or that it is
contrary to good industry practice.

(d) If the Project Manager disapproves the document, the Consultant shall modify the
document and resubmit it for the Project Manager's approval in accordance with Sub-
clause 6.2.3(b) of this clause GCC. If the Project Manager approves the document subject
to modification(s), the Consultant shall make the required modification(s), and the
document shall then be deemed to have been approved, subject to Sub-clause 6.2.3(e) of
this clause GCC. The procedure set out in Sub-clause 6.2.3(a) through Sub-clause 6.2.3(d)
of this clause GCC shall be repeated, as appropriate, until the Project Manager approves
such documents.

(e) If any dispute occurs between the Client and the Consultant in connection with or arising
out of the disapproval by the Project Manager of any document and/or any
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modification(s) to a document that cannot be settled between the parties within a
reasonable period, then, the Project Manager shall give instructions as to whether and if
so, how, performance of the Contract is to proceed. The Consultant shall proceed with the
Contract in accordance with the Project Manager's instructions, provided that after the
dispute resolution, the Term of contract shall be extended accordingly.

(f) The Project Manager's approval, with or without modification of the document furnished
by the Consultant, shall not relieve the Consultant of any responsibility or liability imposed
upon it by any provisions of the Contract except to the extent that any subsequent failure
results from modifications required by the Project Manager or inaccurate information
furnished in writing to the Consultant by or on behalf of the Client.

(g) The Consultant shall not depart from any approved document unless the Consultant has
first submitted to the Project Manager an amended document and obtained the Project
Manager's approval of the document, pursuant to the provisions of this Clause 6.2.3 of
this clause GCC.

6.2.4 Inspection
The Client or its representative shall have the right to inspect any of the ongoing
works/activities, at any location.

6.2.5
The Client shall issue an acceptance certificate against each successful deliverable as per the
implementation schedule and as further detailed in the SCC.

6.3 Personnel
6.3.1 Description of personnel
The title, agreed job description, minimum qualification and time-input estimates to carry out
the Services of each of the Consultant's Key Experts are described in Appendix 2.
If required to comply with the provisions, adjustments with respect to the estimated time
input of Key Experts set forth in Appendix 2 may be made by the Consultant by a written
notice to the Client, provided
(i) That such adjustments shall not alter the original time-input estimates for any individual
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by more than 10 percentage 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.
If additional work is required beyond the scope of the Services specified in Appendix 1, the
estimated time-input for the Key Experts may be increased by agreement in writing between
the Client and the Consultant. In case where payments under this Contract exceed the ceilings
set forth, the Parties shall sign a Contract amendment.
6.3.2 Replacement of personnel
Except as the Client may otherwise agree in writing, no changes shall be made in the Key
Experts. Notwithstanding the above, the substitution of Key Experts during Contract
execution may be considered only based on the Consultant's written request and due to
circumstances outside the reasonable control of the Consultant, including but not limited to
death or medical incapacity. In such case, the Consultant shall forthwith provide as a
replacement, a person of equivalent or better qualifications and experience, and at the same
rate of remuneration

6.3.3 Approval of personnel


If during execution of the Contract, additional Key Experts are required to carry out the
Services, the Consultant shall submit to the Client for review and approval a copy of their
Curricula Vitae (CVs). If the Client does not object in writing (stating the reasons for the
objection) within twenty-two [22*] days from the date of receipt of such CVs, such additional
Key Experts shall be deemed to have been approved by the Client.

The rate of remuneration payable to such new additional Key Experts shall be based on the
rates for other Key Experts position which require similar qualifications and experience.
unless otherwise specified in the SCC
6.3.4 Removal and / or Replacement of personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the key personnel.
If, for any reason beyond the reasonable control of the Consultant it becomes necessary to
replace any of the personnel, the Consultant shall forthwith provide as a replacement a
person of equivalent or better qualifications.
(b) If Client
(i) finds that any of the personnel has committed serious misconduct or has been
charged with having committed a criminal action, or
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(ii) has reasonable cause to be dissatisfied with the performance of any of the personnel,
then the Consultant shall, at the Client's written request specifying the gourds
therefore, forthwith provide as a replacement a person with qualification and
experience acceptable to the Client.
(c) Any of the personnel provided as a replacement under sub-clauses (a) and (b) above, the
rate of remuneration applicable to such person, shall be subject to the prior written
approval by the Client except as the Client may otherwise agree.
(d) Except as the Client may otherwise agree,
(i) the Consultant shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and
(ii) the remuneration to be paid for any of the Experts provided as a replacement shall
not exceed the remuneration which would have been payable to the Experts replaced
or removed.
6.3.5 Working days, holidays etc.
Working days and holidays for Experts are the same as that of the client. To account for
travel time to/from the Client's country, experts carrying out Services inside the Client's
country shall be deemed to have commenced or furnished work in respect of the Services
such number of days before their arrival in, or after their departure from, the Client's country
as is specified in Appendix 2.

The Experts shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix 2, and the Consultant's remuneration
shall be deemed to cover these items.

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7. SPECIAL CONDITIONS OF CONTRACT

1. General Provisions and Interpretation


1.1 : Definitions
1.1.1 General
1.1.1(i): Applicable Law means the laws prevalent in republic of India shall govern this
Contract.
1.1.1(ii) The Client is: The Commissioner, APCRDA
The Project Manager is: Chief Engineer (H&B Housing), APCRDA.
1.1.2(vii) The Consultant's Representative is:
Name: [insert: name and provide title and address further below, or state “to be nominated
within of the Effective Date”]
Title: [if appropriate, insert: title]

1.1.5(vi) The Contract shall be for a period of 18 months, and full-time deployment period,
i.e. during the Construction period of the projects. This construction period will be the total
period of execution of project, until the project is deemed complete. Extension of time
period: The contract shall be extended by a duration limited to maximum period of actual
completion of the project (including subsequent extensions granted to the main project work),
subject to approval by the Authority.

1.3: Representatives
1.3 (a) Authorized representative of client:
1.3.1 Project Manager Extensions and /or Limitations: DELETED
1.3.2 Consultant's Representative's Extensions and/or Limitations:
1.4 Notices Address of the Project Manager:
Chief Engineer (H&B
Housing), APCRDA Lenin
Center, Governorpet,
VIJAYAWADA- 520002.
ANDHRA PRADESH - INDIA.
Fallback address of the Client:
APCRDA

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Lenin Center, Governor Pet,
VIJAYAWADA - 520002.
ANDHRA PRADESH - INDIA.
Address of the Consultant's Representative: 1) .
Fallback address of the Consultant 2) .
as appropriate, insert: personal delivery, postal, cable, telegraph, telex, facsimile, electronic
mail, and/or EDI protocol

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1.5 Dispute Settlement

(i) Amicable Settlement

Any dispute between the Client and a Consultant arising in connection with the present
Contract shall be referred to arbitration in accordance with the Applicable law. The arbitration
shall be held in accordance with the Rules of Arbitration of the International Centre for
Alternative Dispute Resolution, New Delhi, or such other rules as may be mutually agreed by
the Parties and shall be subject to the provisions of the Arbitration and Conciliation Act,1996.

Disputes shall be settled in accordance with the following provisions: If any dispute arises
between the parties hereto during the subsistence of this Contract Agreement or thereafter, in
connection with the validity, interpretation, implementation or alleged breach of any
provision of this Agreement, then the parties shall refer such dispute to their respective higher
authorities the Chief Executive Officer, Client and the Chief Executive Officer of the
Consultant Organization/Company or a substitute thereof for amicable settlement.

(ii) Appeal
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement,
that cannot be resolved amicably, including any questions regarding its existence, validity, or
termination, such disputes shall be referred to Appellate Authority for resolution. The
Appellate Authority shall have exclusive jurisdiction to hear and resolve any disputes
between the parties, and its decision shall be binding and final, subject to any legal rights of
appeal.

The Appellate Authority for the purpose of this contract is the Secretary, MA&UD,
Government of Andhra Pradesh.

(iii) Arbitration
In the event that both the Chief Executive Officers or a substitute thereof are unable to
resolve the dispute within thirty (30) days of it being referred to them, then either Party may
refer the dispute for resolution to a sole arbitrator who shall be jointly appointed by both
parties, or, in the event that the parties are unable to agree on the person to act as the sole
arbitrator within 30 days after any party has claimed for an arbitration in written form, by
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three arbitrators, one to be appointed by each party with power to the two arbitrators so
appointed, to appoint a third arbitrator. The matter shall be referred to arbitration in
accordance with the provisions of Arbitration and Conciliation Act.

Any Dispute which is not resolved amicably by conciliation, as provided above, shall be
finally decided by reference to arbitration by an Arbitral Tribunal appointed as stated above.
Such arbitration shall be held in accordance with the Rules of Arbitration of the International
Centre for Alternative Dispute Resolution, New Delhi, or such other rules as may be mutually
agreed by the Parties and shall be subject to the provisions of the Arbitration and Conciliation
Act,1996. The venue of such arbitration shall be Vijayawada and the language of arbitration
proceedings shall be English.

The arbitrators shall make a reasoned award (the “Award"). Any Award made in any
arbitration held pursuant to the settlement of disputes shall be final and binding on the Parties
as from the date it is made, and the Consultant and the Client agree and undertake to carry out
such Award without delay.

The Consultant and the Client agree that an Award may be forced against the Consultant
and/or the Client, as the case may be, and their respective assets wherever situated.
This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder.

(iv) Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the Parties, be held in Vijayawada;
(b) English language shall be the official language for all purposes; and
(c) The decision of the sole arbitrator or of a majority of the arbitrators (or of the third
arbitrator if there is no such majority) shall be final and binding and shall be
enforceable in the High Court of Andhra Pradesh, Amaravati. The Parties hereby
waive any objections to or claims of immunity in respect of such enforcement.

1.6 Copyright, Confidential Information, and Ownership

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1.6.6 Persons, topics, and conditions for which the confidentiality clause does not apply- Not
Applicable

1.6.8 The Government of Andhra Pradesh shall have complete access to all types of technical
and or financial information it obtains or develops with respect to the Consultant and its
Information Technologies.

1.6.9 Restriction about the future use, if any: Nothing shall be used for any purpose what so
ever without the prior written consent of the Client.

2. GUARANTEES, LIABILTIES, INDEMNITES, INSURANCE AND RISKS

2.1 Time Guarantee and Vacancy Clauses


2.1.1 Vacancy Clause and Trigger

a. Below are the situations under which a given position would be said to be vacant:
i. If a profile submitted by the consultant for any position required, either at the time
of bid or during the contract period,
(a) is not found to be meeting the Qualification and Experience Criteria as
specified in Appendix I
(b) is found to be meeting the Qualification and Experience Criteria as
specified in Appendix I, but whose performance is found to be unsatisfactory by
the client for the 2nd consecutive month during the monthly review or more and
the same has been communicated to the consultant in the monthly review
meetings or otherwise,

Such profiles shall be rejected by the client and would result in the respective
positions being vacant, until respective proposed replacements are approved and
staffed for the same.

[Link] a position is not staffed by the consultant for any reason whatsoever except for the
reasons, beyond the reasonable control of the Consultant, at any given point during the
contract period. The same will be verified by the site engineers appointed by
APCRDA who will take regular attendance on-site.
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b. In case a vacancy so created is not staffed by the consultant within 15 days of creation of
such vacancy, the client shall deduct the payment in respect of such vacant positions from
the monthly fee to be paid in each quarter.
c. An additional penalty of 50% of the payment to be made corresponding to the unstaffed
position will also be reduced as penalty for every month the role remains vacant.
d. The cumulative total of all penalties assessed under this contract, including those related
to replacements and delays, shall not exceed 10% of the total contract price.

3. TERMINATION AND MODIFICATION OF CONTRACT

3.1 Term
3.1.1 Effectiveness conditions-
All the resources under the contract shall be deployed as per the Contract Conditions.

3.1.2 Commencement of Services: The Consultant shall commence work within 15 days
from the Effective Date.

3.2 Termination
3.2.1 Expiration of Contract and extension: The contract shall terminate at the end of 36
months + 24 months DLP from the Effective Date. The contract shall be extended by a
duration limited to maximum period of actual completion of the project (including subsequent
extensions granted to the main project work), subject to approval by the Authority.
3.2.3 Termination of Contract for Failure to Become Effective. The time from the date of
signing of contract shall be thirty (30) days.

4 PAYMENT
4.1 Price
4.1.1 Contract price shall not exceed percentage of the agreement value in case of additional
services being entrusted to the Consultant during the course of the contact. Additional service
shall be paid at the same rates specified in the Price Schedule at Appendix 6.

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4.1.2 Deleted.

4.2 Payment Terms


1) Subject to the provisions of GCC Clause (Terms of Payment), the Client shall pay the
Contract Price to the Consultant according to the manner specified below.
(a) The payment to the Consultant shall be performed separately for each package. The
individual Project Management fee for each project will be paid as per Appendix 8
of the Contract Agreement. This project cost will not be subject to any escalations
whatsoever. The delay in completion of one project shall not impact the payments
made for other packages, provided deliverables / milestones for other packages are
met.
(b) The payment to be made based on the Invoices submitted by the consultant.
(c) The payment schedule providing the percentage of Project Management fee for each
package to be released after successful completion of milestone / deliverables is
included in Appendix 8.

4.2.4 Mode of Payments: (a) Advance payments: No advance payments would be made by
the Client. All monetary transaction shall be in Indian Rupees.
(b) The variable payment mentioned in Appendix 8 will be made upon scrutiny of the RA bill
of Project Contract bill.

4.3 Securities:

4.3.3 Performance Security: Performance Security equivalent to 5 (five) percent of the


Contract price shall be furnished from any scheduled commercial bank in India as per the
terms set in the Clause 4.3.3 of GCC, in the form of a Bank Guarantee/ Insurance Surety Bond
substantially in the form specified in Appendix 5 of the contract. For the successful bidder the
Performance Security will be retained by Client until the completion of the assignment by the
Consultant. 50 percentage of the Performance Security shall be released upon the completion
of the contract and its acceptance by the Client and the remaining 50 percentage shall be
released after 24 months from the date of completion and handover of project. This 24 months
period shall be termed as the "warranty period".
(Refer - Appendix 5 of Volume-II)

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5 Special Conditions of Responsibilities:

5.1.8 Consultant's responsibilities

(1) Limitation of Obligations:

(2) Accounting, Inspecting and Auditing Specific bases: None

5.2.7 Details of Access to Facilities


The Consultant shall have access to all the facilities required to perform the services
mentioned in Vol-I Scope of the RFP document.

5.2.8 Details of Counter Personnel:


Not applicable.

6 SUBJECT OF CONTRACT

6.1 Project Plan

(1) Project Plan shall be Appendix-2.


(2) Apart from the deliverables mentioned in Appendi-2, the Consultant shall
submit progress report to the client as and when requested.
Note: Other reports may be needed to monitor Contract performance/ progress.

6.2 Documents Approval 6.2.2 Codes and Standards


The Methodological Quality Standards adopted shall be as mentioned in Volume-I, Scope of
Services.

6.2.3 Approval/Review of Technical Documents by the Project Manager


The list of documents shall be: [Insert: relevant codes if any]
(1) Project Plan.
(2) Staff deployment and roaster of staff.
(3) Document containing personnel replacements.

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As Per GCC 6.2.5 Acceptance Certificate Issuance Details: Upon receipt of every
deliverable from the Consultant, the Project in charge from APCRDA, shall issue the
certificate of acceptance.

Page | 192
APPENDIX 1
DESCRIPTION OF THE SERVICES

[Give detailed descriptions of the Services to be provided; Implementation schedule dates for
completion of various tasks; place of performance for different tasks; specific tasks to be
approved by Client etc.]

Page | 193
APPENDIX 2

PROJECT PLAN
(WITH DELIVERABLES AND DELIVERY SCHEDULE)
[List format, frequency and contents of deliverables and reports; persons to receive them;
dates of submission;]

Page | 194
APPENDIX 3
KEY PERSONNEL

Provide the names of at least two candidates qualified to meet the specified requirements
stated for each position. The data on their experience should be supplied on separate sheets
using the tables given hereunder for each candidate.
Propose alternative management and implementation arrangements requiring different key
personnel, whose experience records should be provided.

1. Title of position
Name of prime candidate
Name of alternate candidate
2. Title of position
Name of prime candidate
Name of alternate candidate
3, Title of position
Name of prime candidate
Name of alternate candidate
4. Title of position - etc.
Position Candidate [] Prime [] Alternative
Name of member
Candidate Name of candidate Date of Birth
Information

Professional Qualifications
Present Name of Employer
Employment
Address of Employer

Telephone Contact (Manager/personal


officer)
Fax Telex
Job title of candidate Years with present Employer

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Summarize professional experience over the last twenty years, in reverse chronological order.
Indicate particular technical and managerial experience relevant to the project.
From To Company/Project/Position/Relevant technical and
management experience

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APPENDIX 4
HOURS OF WORK FOR KEY PERSONNEL AND SERVICE LEVEL
AGREEMENT

[List here the hours of work for key personnel, details of SLAs etc.]

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APPENDIX 5
PERFORMANCE SECURITY FORM
Option I - Bank Guarantee

[Insert: Client's Name, and Address of Office]

Date: [insert: date] PERFORMANCE GUARANTEE No.: [insert: Performance Guarantee


Number]

We have been informed that on [insert: date of award] you awarded Contract No. [Insert:
Contract number] for [insert: title and/or brief description of the Contract] (hereinafter called
"the Contract") to [insert: complete name of Consultant] (hereinafter called "the Consultant").
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.

At the request of the Consultant, we hereby irrevocably undertake to pay you any sum(s) not
exceeding [insert: amount(s) in figures and words] upon receipt by us of your first demand in
writing declaring the Consultant to be in default under the Contract, without cavil or
argument, or your needing to prove or to show grounds or reasons for your demand or the
sum specified therein.

On the date of your issuing, to the Consultant, the Operational Acceptance Certificate for the
System, the value of this guarantee will be reduced to any sum(s) [insert: amount(s) in figures
and words]. This remaining guarantee shall expire no later than [insert: number and select: of
months/of years (of the Warranty Period that needs to be covered by the remaining guarantee)]
from the date of the Operational Acceptance Certificate for the System, and any demand for
payment under it must be received by us at this office on or before that date.
This guarantee is subject to the applicable Law. [Signature(s)]
[Insert: Client's Name, and Address of or Office]
Date: [insert: date]

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1. The Client shall insert the amount(s) specified and denominated in the SCC
for GCC Clauses 4.1.1.
2. In this sample form, the formulation of this paragraph reflects the usual SCC provisions
for GCC Clause 4.1.1. However, if the SCC for GCC Clauses 4.1.1 from the usual
provisions, the paragraph, and possibly the previous paragraph, need to be adjusted to
precisely reflect the provisions specified in the SCC.

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Option 2: Insurance Surety Bond
(To be executed on Non-Judicial Stamp Paper of Appropriate value)

(Insurance Surety Bond No……………)


Date.......................................
(Name of the Contract)
To:
The Commissioner,
Andhra Pradesh Capital Region Development Authority,
Lenin Centre, Governorpet,
Vijayawada-520002 (India)

Dear Sir,
In consideration of the ....[Employer’s Name] ........ (hereinafter referred to as the
‘Employer’ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s ..... [Consultant’s
Name] ..... ....... with its Registered/Head Office at ............................. (hereinafter referred to
as the ‘Consultant’, which expression shall unless repugnant to the context or meaning
thereof, include its successors administrators, executors and assigns), a Contract by issue of
Employer’s Letter of Acceptance No. ................ dated .................. and the same having been
acknowledged by the Consultant, for …………… [Contract sum in figures and words] for
……………... [Name of the work] and the Consultant having agreed to provide a Contract
Performance Guarantee for the faithful performance of the entire Contract equivalent to
……..(*)……... of the said value of the aforesaid work under the Contract to the Employer.
We ...............[Name & Address of the Insurance Company] ..’........ having its Head Office at
................... (hereinafter referred to as the ‘Surety’, which expression shall, unless repugnant
to the context of meaning thereof, include its successors, administrators, executors and
assigns) do hereby guarantee and undertake to pay the Employer, on demand any and all
monies payable by the Consultant to the extent of .............. (*) ............... as aforesaid at any
time upto ................ (@) ........... [days/month/year] without any demur, reservation, contest,
recourse or protest and/or without any reference to the Consultant. Any such demand made
by the Employer on the Insurance Company shall be conclusive and binding notwithstanding
any difference between the Employer and the Consultant or any dispute pending before any
Court, Tribunal, Arbitrator or any other authority. The Surety undertakes not to revoke this
guarantee during its currency without previous consent of the Employer and further agrees
that the guarantees herein contained shall continue to be enforceable till the Employer
discharges this guarantee or till …………..[days/month/year] whichever is earlier.
The Employer shall have the fullest liberty, without affecting in any way the liability of the
Insurance company under this guarantee, from time to time to extend the time for
performance of the Contract by the Consultant. The Employer shall have the fullest liberty,
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Consultant, and to exercise
Page | 200
the same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the Contract between the Employer and the Consultant
or any other course or remedy or security available to the Employer. The Insurance company
shall not be released of its obligations under these presents by any exercise by the Employer
of its liberty with reference to the matters aforesaid or any of them or by reason of any other
act or forbearance or other acts o omission or commission on the part of the Employer or any
other indulgence shown by the Employer or by any other matter or thing whatsoever which
under law would, but for this provision have the effect of relieving the Insurance Company.
The Surety declares that this Insurance Surety Bond is issued by the …………(name of
Insurance Company) as per applicable rules and regulations of insurance regulatory
development authority of India (IRDAI), and also agrees that the Employer at its option
shall be entitled to enforce this Guarantee against the Insurance Company as a principal
debtor, in the first instance without proceeding against the Consultant and notwithstanding
any security or other guarantee the Employer may have in relation to the Consultant’s
liabilities.
i. Our liability under this Insurance Surety Bond shall not exceed ………(insert % as per
contract terms)……
ii. This Insurance Surety Bond shall be valid up to ……………….(insert date as per contract
terms)…………….
iii. We are liable to pay the guaranteed amount or any part thereof under this Insurance Surety
Bond only and only if Employer serve upon Insurance Company a written claim or demand
on or before ………..[date of issue of Defect Liability Certificate].............

Dated this ....................day of ..................... 20........... at.................................

WITNESS Signed for and on behalf of the


Insurance Company

1. ………………………. ……………………………..
(Signature) (Signature)

………………………. ……………………………..
(Name) (Name)

Notes:
1. Insurance Surety Bond should be executed on appropriate stamp paper of requisite value,
such stamp paper should be purchased in the name of Issuing Insurance Company, not more
than six (6) months prior to execution / issuance of Insurance Surety Bond. The name of the
purchaser should appear at the back side of stamp paper in the Vendors Stamp. Insurance
Surety Bond should contain rubber stamp of the authorized signatory of the Insurance
Company indicating the name, designation and signature/ power of attorney number as well
as telephone numbers / e-Mail Id with full correspondence address of the Insurance
Company.
In case the same is issued by an International Insurance Company (it should be registered
under Insurance Act 1938 or as amended from time to time and approved by the Insurance
Page | 201
Regulatory Development Authority of India (IRDAl)), the law prevalent in the country of
execution shall prevail for the purpose of Stamp Duty on the Insurance Surety Bond.
However, in such a case, the Insurance Surety Bond shall be got confirmed through any
Indian Scheduled/Nationalized Insurance Company.
2. Insurance Surety Bond is required to be submitted directly to the Employer by the issuing
Insurance Company (on behalf of Consultant) under registered post (A.D.). The Consultant
can submit an advance copy of Insurance Surety Bond to the Engineer.
3. The issuing Insurance Company shall write the name of Insurance Company's controlling
branch/ Head Office along with contact details like telephone no., e-Mail Id and full
correspondence address in order to get the confirmation of Insurance Surety Bond from that
branch/ Head office, if so required.

Page | 202
APPENDIX 6

PRICE SCHEDULES

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APPENDIX 7

Minutes of Contract Finalization Discussions and Agreed to Contract Amendments

Page | 204
APPENDIX 8

The following will be the payment mechanism for the PMC services:
The payment has been structured under below broad headings:
A. Payment of Personnel Costs
Payment % of Total
Payment Heading
Personnel fee
1. Fixed Payment 60%
A. Inception report 5%
B. Fixed Monthly Payment 55%
2. Milestone based Payment based on Construction 30%
Progress
3. Final Project Completion 5%
4. During Defect Liability period 5%

Tenure of the project will be the project duration for the PMC.

B. Payment of Reimbursables will be done based on actuals upon submission of


respective invoices by the Consultant.

Personnel Cost Payment Terms and Calculation Mechanism:


The payment has been categorized into below broad headings:
1. Fixed Payment
Fixed payment structure is introduced to provide resource mobilization and continuous monthly
cash flows to the Consultant to be able to meet the fixed monthly expenses (typically
manpower expenses).
Fixed payment will have 2 sub-parts:
A. Inception Report (5%)
Payment after acceptance of Inception report and Resource Mobilization will be 5% of the
Personnel Cost of the Consultant.
B. Fixed Monthly Payment (55%)

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A total of 55% of the Personnel Cost of the Consultant will be provided on a fixed equal
monthly basis to the Consultant. This will be paid based on the last monthly completion report
that is available. The fixed amount pertaining to the personnel instructed to be demobilized or
such position being vacant will be deducted from the monthly fixed payment. In case the work
is completed in all respects and approved by the client, on or before the completion of duration
of this contract, the entire balance fixed component will be paid upon such conclusion.
In case of extension of contract period (for reasons not attributable to the PMC), The PMC
shall receive the fixed monthly payment (55% of the cost of the personnel engaged) for the
duration of such extension.
2. Variable Payment (30%)
This payment is linked to the progress of the contractor/ project. The payment is linked to the
Invoice value approved for the contractor. For every invoice value approved, a value equal to
(proportion of such invoice value to the total contractor’s value) x 40% of Personnel Cost of
the Consultant
3. Final Project Completion (5%)
On the final completion of the contractor’s project, payment equal to 5% of the Personnel Cost
of the Consultant will be paid upon approval of the as built drawings by the client.
4. Post Warranty period (5%)
The final 5% of the Personnel Cost of the Consultant shall be divided into equal quarterly
payments throughout the warranty period.

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Appendix 9

Code of Conduct for Consultant’s Personnel (E&S) Form

CODE OF CONDUCT FOR CONSULTANT’S PERSONNEL9

We are the Consultant, [enter name of Consultant]. We have signed a contract with [enter name of
Employer] for [enter description of the Works]. These Works will be carried out at [enter the Site
and other locations where the Works will be carried out]. Our contract requires us to implement
measures to address environmental and social risks related to the Works, including the risks of
sexual exploitation, sexual abuse and sexual harassment.
This Code of Conduct is part of our measures to deal with environmental and social risks related to
the Works. It applies to all our staff, laborers and other employees at the Works Site or other
places where the Works are being carried out. It also applies to the personnel of each subconsultant
and any other personnel assisting us in the execution of the Works. All such persons are referred to
as “Consultant’s Personnel” and are subject to this Code of Conduct.

This Code of Conduct identifies the behavior that we require from all Consultant’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be
tolerated and where all persons should feel comfortable raising issues or concerns without fear of
retaliation.
REQUIRED CONDUCT
Consultant’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of other
Consultant’s Personnel and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each person’s
control are safe and without risk to health;
b. wearing required personal protective equipment;

9
This form to be signed by contractor’s personnel after contract is awarded.
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c. using appropriate measures relating to chemical, physical and biological substances
and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as
women, people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature with another
Consultant’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position
of vulnerability, differential power or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation of another;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a
sexual nature, whether by force or under unequal or coercive conditions.
9. not engage in chasing or hunting or capture of wildlife including birds and fishing and,
refrain from acquiring wildlife meat, skins, feathers, or any similar products derived from
wildlife;
10. Not engage in encroaching upon or degrading of forests as well as the collection and
harvesting of forest resources such as firewood, herbs, timber and non-timber forest
products among others.
11. Not engage in any form of sexual activity with individuals under the age of 18, except in
case of pre-existing marriage- including contact through digital media. Mistaken belief
regarding the age of a child is not a defense. Consent from the child is also not a defense or
excuse.

12. In responding to any reporting of SEA/SH/VAC, everyone should follow the project
SEA/SH GRM procedure and process. Individuals/employees experiencing any forms of
GBV, including SEA/SH is supported by facilitating access to specialist services in
accordance with the SEA/SH GRM procedure and records will be kept in confidentiality.

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13. complete relevant training courses that will be provided related to the environmental and
social aspects of the Contract, including on health and safety matters, Sexual Exploitation
and Abuse (SEA), and Sexual Harassment (SH);
14. report violations of this Code of Conduct; and
15. not retaliate against any person who reports violations of this Code of Conduct, whether to
us or the Employer, or who makes use of the grievance mechanism for Consultant’s
Personnel or the project’s Grievance Redress Mechanism.
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be
done in either of the following ways:
1. Contact [enter name of the Consultant’s Social Expert with relevant experience in handling
sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not
required under the Contract, another individual designated by the Consultant to handle these
matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the
country law. Anonymous complaints or allegations may also be submitted and will be given all
due and appropriate consideration. We take seriously all reports of possible misconduct and will
investigate and take appropriate action. We will provide warm referrals to service providers that
may help support the person who experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any
behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this Code of
Conduct.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT


Any violation of this Code of Conduct by Consultant’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.
FOR CONSULTANT’S PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name of
Consultant’s contact person(s) with relevant experience] requesting an explanation.
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Name of Consultant’s Personnel: [insert name]
Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Consultant:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________

ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors
and behaviors constituting Sexual Harassment (SH)

The following non-exhaustive list is intended to illustrate types of prohibited behaviors.


(1) Examples of sexual exploitation and abuse include, but are not limited to:
 A Consultant’s Personnel tells a member of the community that he/she can get them jobs
related to the work site (e.g. cooking and cleaning) in exchange for sex.
 A Consultant’s Personnel that is connecting electricity input to households says that he can
connect women headed households to the grid in exchange for sex.
 A Consultant’s Personnel rapes, or otherwise sexually assaults a member of the
community.
 A Consultant’s Personnel denies a person access to the Site unless he/she performs a sexual
favor.
 A Consultant’s Personnel tells a person applying for employment under the Contract that
he/she will only hire him/her if he/she has sex with him/her.
 A Consultant’s Personnel dates or has a romantic relationship with a child under 18 years
old, keeps secrets with children, or displays favoritism.
 A Consultant’s Personnel has inappropriate physical contact with children under 18 years
old, including kisses and showing affection of any kind in an isolated area.
 A Consultant’s Personnel holds private electronic communication with children under 18
years old, including via social media, as well as transportation of children unless for
authorized purposes.
 A Consultant requests sexual favors in return for protection, food, shelter, payment of
medical or school fees, or any other form of assistance or promise of assistance.
(2) Examples of sexual harassment in a work context
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 Consultant’s Personnel comment on the appearance of another Consultant’s Personnel
(either positive or negative) and sexual desirability.
 When a Consultant’s Personnel complains about comments made by another Consultant’s
Personnel on his/her appearance, the other Consultant’s Personnel comment that he/she is
“asking for it” because of how he/she dresses.
 Unwelcome touching of a Consultant’s or Employer’s Personnel by another Consultant’s
Personnel.
 A Consultant’s Personnel tells another Consultant’s Personnel that he/she will get him/her
a salary raise, or promotion if he/she sends him/her naked photographs of himself/herself.
 A Consultant’s Personnel makes jokes that are uncomfortable, frightening, or hurtful, or
name calls with sexual epithets.

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Appendix 10

Environmental and Social (ES) requirements

All the applicable provisions under E&S are binding on the PMC and a compliance report shall be submitted by
the PMC to the PgMC and the APCRDA.

The PMC shall ensure that the contractors are complying and implementing all the E&S requirements of the
APCRDA and the funding agencies. PMC shall make note of all the conditions of Environment clearance (EC)
of the capital city, EC conditions of interlinked project, directions of the Hon’ble NGT, E&S requirements and
funding agency requirements mentioned in the contractor’s bid document and shall ensure that contractor’s
ESMP is in conformity to the applicable E&S conditions.

PMC shall support the contractor in all technical and management aspects with support from the PgMC and
APCRDA. PMC shall guide the Contractor in preparation of C- ESMP incorporating all specific management
plans. Contractor’s ESMP shall be project and site specific. C – ESMP shall also consider environment and
social setup in the project area and its surroundings. The PMC Environment and Social (E&S) Specialists shall
conduct joint inspections with the contractor to assess and approve the establishment of labor camps, concrete
batching plants, Temporary waste storage yards, Onsite sewage treatment facilities/ Mobile STP and other
related facilities prior to the commencement of any construction activities. The PMC E&S Specialists must
thoroughly review and assess the qualifications, experience, and suitability of the contractor's E&S Specialist to
ensure compliance with project requirements and standards. During the project commencement stage and later
on frequent basis, the PMC shall inspect the project site including the labour camps, contractor’s material stock
yards, material supplying sites like soil borrow areas, batching plants, Transport routes, nearby settlements,
natural areas to record the existing setup and later record and report the incidences of environment damages,
social disturbances, grievances, Gender issues, disturbances to livelihood etc and shall identify the cause and
gaps in the C- ESMP.

PMC shall make note of any gaps in the C- ESMP and its implementation and ensure that the identified gaps are
addressed in the revised C – ESMP. For all such gaps identified, the PMC in coordination with PgMC and with
approval from the APCRDA shall recommend best interim measures to the contractor for prevention of
pollution, social disturbances (including gender/SEA/SH) and address all grievances.

PMC is responsible for regular support, supervising and monitoring the implementation of the ESMP.

PMC shall frequently inspect, verify and confirm

 The deployment and regular availability of the key personnel in the project site,

 Applicable statutory permissions are obtained prior to the initiation of the activities,

 All aspects of C – ESMP and its plans related to waste management, Community health and safety,
labour, Gender, SEA/SH, traffic management, Occupational health and safety, emergency response,
pollution prevention, Grievance redressal, hazardous wastes & spill control, labour management and
accommodation, trainings, stakeholder management and standard operating procedures issued by the
APCRDA

 Maintenance of registers, records, periodic reports on all E&S provisions in the contractor bid document

 Implementation of directions from the funding agency

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For aspects beyond the contractor’s scope, the PMC with support from the PgMC shall coordinate with
contractor and see that the works execution is done complying the development regulations, policies of the
APCRDA, policies of the state government and conditions stipulated by the Funding agencies.

PMC shall report to the PgMC and the APCRDA in detail on the contractor’s overall performance of the
Contractor related to the E&S requirements and the gaps observed.

PMC shall make note of the penalty clauses mentioned in the contractor’s bid documents for non-compliance of
C-ESMP and shall recommend the penalties on the non-compliance as per the provisions in the contractors bid
documents with proper justification for the penalty levied.

For any E&S non-compliance noticed by the PgMC/APCDA or reported to the PgMC/APCRDA and it is found
that there is due negligence from PMC, action shall be initiated on the PMC as per the provisions.

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Part I
Environment and Social Policy
Purpose:

The purpose of the E&S policy is to ensure that all the capital city development works conform to the statutory
requirements of the applicable environment and social laws, the E&S requirements of the funding agencies. The
E&S policy is a guidance document for the management of environment and social aspects associated with the
development works.

Objective:

The objective is to conserve, maintain and strive for enhancement of the quality of the natural resources, culture
and socio-economic conditions of the people in the project area by identification of the critical areas, potential
impacts, risks and preventing and mitigating impacts and associated risks through management plans and
budget with timelines.

Applicability:

The E&S Policy implementation is binding on the Contractors, Sub contractors, PMCs, PgMC, third party
contractors associated/engaged in the capital city works. All the persons/firms/institutions on which the E&S
policy is binding hereon addressed as party/parties.

Policy

The PIU is committed and will ensure the implementation of the environment clearance conditions, Hon’ble
NGT directions issued for the capital city and interlinked projects by incorporation of the relevant conditions in
the designs, bill of quantities (BoQ), applicable E&S provisions of the statutory laws, Environment clearance,
NGT directions, funding agencies in the Bid documents & contractual agreements with budget allocation for
implementation of the E&S provisions in the BoQ.

Wherever applicable, the concerned party shall obtain prior clearances/permissions under the EIA notification,
Consents under the Water (Prevention and Control of pollution) Act & Air (Prevention and Control of
pollution) Act, Authorisation under the Hazardous waste management rules, Solid Waste Management Rules, C
& D waste management rules, Bio Medical waste management rules, AP WALTA act. Further, the conditions
of the clearances shall be implemented by integration with designs and BoQs, ESMPs.

Wherever applicable, the concerned party shall obtain prior NOCs from the State Ground Water Board, State
Disaster Response and Fire Services Department, Archaeological Survey of India, Labour Department,
Petroleum and Explosives Safety Organisation, River Conservator, Forest Department, State Mines and
Geology Department, NHAI and other departments. Further, the conditions of the clearances shall be
implemented by integration with designs and BoQs, ESMPs.

Wherever applicable, it shall be ensured that under respective labour laws all the registration/license
requirements for the firm, workers, migrant workers specific to the project work shall be obtained.

The Contractor with prior approval shall implement Workers code of conduct, site specific Contractors-
Environment social management plan considering the E&S policy, ESMP given by the APCRDA/ADCL,
incorporating the conditions of the bid documents. The site specific C-ESMP shall cover the management
aspects related to traffic and material transportation from source, waste water, air pollution, solid wastes,
hazardous wastes, Grievances, OHS, community health and safety, labour management and recruitment, labour
camps.

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Wherever applicable, as per the relevant provisions of the labours, all the construction sites, labour camps, shall
have basic amenities (sanitary toilets, potable water, water supply for domestic usage, bath rooms, and wash
areas) for all the personnel, amenities to women and creche for children, temporary bachelor and family type
housing as applicable with minimum room sizes within secured premises, street lighting, sanitation
arrangements, common kitchen supplied with environment friendly fuels, rest areas and dining areas, first aid
room with basic facilities for patients, first aid kits and female nurse, Ambulance, Safety signages, Site level
display boards with information on project/safety/SEA/SH/emergency contacts, Barricades around the project
site, Periodic doctor visits for health checkup with onsite qualified and experienced officer/specialists for
grievances, Environment, Social, OHS. The contractors shall make MoUs with local Hospitals for emergency
issues.

The Contractor is responsible to register all the workers engaged for an agreed work in the capital city under the
applicable labour laws. Contractor shall get basic health check-up done of all registered workers prior to
commencement of works to know the prevailing diseases, fitness to work. The workers including women shall
be given be awareness on occupational hazards, risks and shall be trained on PPE, amenities in the site, gender
aspects, SEA/SH, workers Code of conduct, first aid, site specific emergency plans, emergency contacts,
Grievance cell and redressal mechanism. Accident Insurance shall be taken for all the workers.

The Contractor shall maintain all registers under labour laws, documents, monitoring reports for all the
management plans and shall report to the APCRDA/ADCL. Failing to implement the E&S policy, ESMPs,
Statutory obligations and failure to maintain updated data and reporting shall be considered as non-compliance
and will be penalised as per the provisions. Failing to obtain necessary statutory permissions/NoCs prior to the
commencement of project shall be considered violation and penal clauses under the relevant laws/rules shall be
applied.

The PIU is committed to provide a safe working environment for all personnel in the capital city and shall
ensure the safety of the workers from Sexual Harassment, Sexual Exploitation and Abuse, Gender based
violence on women and child ( under the age of 18 years) in the work places, labour camp and in nearby
communities. Periodic awareness programmes on the SEA/SH, GBV shall be undertaken by the PIU to the
Contractors/Sub Contractors/PMCs/PgMC/nearby communities and reviewed. The workers shall be given
awareness on the SEA/SH/GBV punishments under the laws, Sexually Transmitted Diseases, grievance cell
arrangements specific to project, grievance officers.

Stakeholders in the capital city shall be informed prior to the commencement of the works about the Phase wise
development of projects, Potential Environment & Social impacts, Mitigation measures incorporated in the bid
documents and BoQ, Potential labour influx and arrangements obligated to the contractor, measures to prevent
SEA/SH/GBV.

Further, the PIU with the help of internal staff, line departments, agencies like SERP of state government and if
needed external agencies like NGOs will engage periodically with the women SHGs, adolescent girls,
differently abled, vulnerable sections to consider and address their issues during the project execution. PIU
grievance cell will be headed by Women officers and on regular basis visit the labour camps to interact with the
workers to review the SEA/SH/GBV measures incorporated and practiced in the project site and interact with
women workers to know the grievances.

All the Wastes – Domestic, Plastics, Construction and Demolition Waste, Hazardous, Batteries, E Wastes shall
be managed and disposed scientifically. All the project sites including labour camps shall have arrangements for
collection of wastes, segregation of wastes, temporary storage. The contractors shall handover the relevant
stream of wastes to the authorised recyclers/facilities. As instructed, if needed certain wastes shall be deposited
at the intermediate collection centers. Records related to total wastes generated, segregated streams and
quantities disposed shall be maintained and reported for all kinds of wastes. Proof of evidence for the disposal
shall be maintained and reported.

Measures for the prevention, control, mitigation of the pollutants and emissions from all the project activities
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shall be taken up to ensure that the air (includes noise) quality is maintained for the safety and well-being of the
personnel and communities. The vehicles, DG sets which meet the Bharat stage IV norms with PUC
certification, Noise generating equipment with silencers/acoustic enclosures shall be used or site/area level
appropriate dust, pollution, noise attenuation measures shall be taken up, recorded and reported.

All the prohibited chemicals by the Government, prohibited /regulated under international convention on
hazardous chemicals or any global treaty under climate change etc to which India is a signatory shall be
prevented/regulated from usage in the capital city works.

All the water bodies including the ground water shall be conserved and protected. No waste/material in any
form shall be discharged/dumped in the water bodies to prevent pollution and disturbances to the ecology.

The sewage generated in the capital city shall be treated to the reuse standards and shall be used for the greenery
development and maintenance, cleaning, fire fighting, industrial purposes, District cooling. Appropriate
technologies shall be adopted to achieve the treated to reuse standards. The treatment quality shall be monitored.

The contractors/PMCs/PgMCs shall ensure that all the works have appropriate onsite facilities for the scientific
management of the waste water, construction runoffs, spillages, leakages, treated waste water. The details on
waste water generation from all activities, treated and recycled, disposal location along with quality shall be
recorded and reported.

Source of water shall be from surface sources and ground water usage shall be with prior permission from the
appropriate authority and subject to the clearance conditions issued for the project. Water shall be treated to the
IS 10500 standards with appropriate treatment facilities. Water conservation measures shall be incorporated in
all practicable item of works in the estimates for the capital city works. Flow meters as per the norms and
CPHEEO guidelines, EC conditions shall be considered to account and audit the water usage.

Water for the construction activities and the details of the water source, quantities shall be recorded and
reported. Water quality must be ensured prior to its application. Details of water quality reports shall be
maintained and reported. Water conservation measures shall be incorporated in the C – ESMP and with prior
approval from the engineering wing, latest technologies can be used to reduce water requirements for the
construction activities.

Energy requirements during construction stage and operation stages shall be optimised by using BEE minimum
3 star rated equipment/appliances.

The top soil of 30 cm depth shall be excavated and stored in the designated location or within the project
boundary as instructed by the PIU. The Top soil shall be used for the development of the greenery in the capital
city area. The excavated soils below 30 cm shall be stored separately and shall be used within the capital city for
the raising the levels of the sites and for filling in low lying areas.

The contractor shall undertake environment monitoring of surface water, ground water, soil, noise, air on
monthly basis within the project site and shall submit the reports.

The PMCs, PgMC shall on periodic basis review and report the implementation of the E&S policy.

The Contractor shall submit C- ESMP considering all the mandatory E&S requirements during the contract
period and while considering payment to the invoices, the details of the trainings undertaken, pollution control
measures taken up, results of the monitoring, evidences of the registers maintained, waste management, water
procured for dust control, PUC of the vehicles, amenities in the site and the operational status, air pollution and
noise pollution control measures, traffic control measures, permissions/NoCs/ insurance for the workers/health
check up/accidents/grievances etc shall be submitted to the ESMU. For Each invoice, on certification from the
ESMU, work bill proportionate to recommended amount of allocated 1 % for the ESMP shall only be released.
The Contractor shall submit a Quarterly Environmental and Social Compliance Report to the Employer with
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the following indicative items:
 Progress in implementing the Contractor Environmental and Social Management Plan (C-ESMP).
 Key activities undertaken to address environmental impacts and social concerns.
 Status of compliance with environmental and social safeguards, including mitigation measures.
 Any incidents of non-compliance and corrective actions taken.
 Updates on community engagement, grievance redressal, and adherence to Gender-Based Violence
(GBV), Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH) guidelines.

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Part II

ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN

[To be followed by the contractor /Monitored by the Project management


Consultancy]
A. Guidelines for Preparation of Environment and Social management plan

Project Activities:

The project activities may include permissions form the regulatory bodies, clearance of the ground, excavation of
the top soil, excavation beyond top soil, other modifications to the existing natural and cultural assets, various
onsite tests for surface/subsurface profile required for construction, material transportation from source through
existing roads/ roads passing through the settlements, loading and unloading activities, stocking of materials, heavy
vehicles/machinery activities, use of generator sets, storage of chemical/fuels, influx of labor, labor camps with
minimum amenities, generation of sewage/sludge/septage, generation of solid waste including C&D waste and
hazardous wastes, collection, transportation and disposal of liquid and solid wastes, transportation of the top
soils/excavated soils to the designated locations, onsite safety, trainings, Grievances, Gender issues,
Reinstatement/restoration of all establishments etc.

Need for Environment and Social Management Plan (ESMP):

The above activities include the preconstruction, construction and decommissioning works and these activities
clearly indicate disturbances/modifications in the existing project site, additional traffic load and introduction of
heavy vehicles during entire project duration, influx of population in the form of workers, employees, visitors
etc, movement of materials, chemicals, fuels, generation of wastes and their disposal.

All these aspects certainly create impacts if they are not planned and managed scientifically. The possible areas
of the impacts are due to changes in water bodies, soils, Air and in the settlements near to the project areas.
Therefore an environment and social management plan is requisite.

Environmental & Social Impacts

Mandatory Implementation of ESMP

 Capital City Project issued with an Environmental Clearance and has mandated conditions related
to Environmental and Social management, which is binding in all aspects in the capital city.
 NGT directions were issued on the capital city project which is binding in all aspects of
environmental protection.

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 The funding agencies have mandated the implementation of Environmental & Social Management
Plan.
Therefore, there is a need for Project-specific ESMP (C-ESMP) to be submitted by the Contractor for approval
prior to commencement of works at site.
a) the Contractor shall not carry out any Works, including mobilization and/or pre-construction activities (e.g.
site accesses and work site establishment, geotechnical investigations or investigations to select ancillary
features such as quarries and borrow pits), till the appropriate measures are in place to address
environmental, social, health and safety risks and impacts.
b) The Contractor shall apply the Management Strategies and Implementation Plans and Code of Conduct,
submitted as part of the Bid and agreed as part of the Contract.
c) The Contractor shall submit, on a continuing basis, for the ESMU’s prior approval, such supplementary
Management Strategies and Implementation Plans as are necessary to manage the ESHS risks and impacts of
ongoing works. These Management Strategies and Implementation Plans collectively comprise the
Contractor’s Environmental and Social Management Plan (C-ESMP). Project-specific ESMP (C-ESMP) to
be submitted by the Contractor for approval prior to commencement of works at site (e.g. excavation, earth
works, bridge and structure works, stream and road diversions, quarrying or extraction of materials, concrete
batching and asphalt manufacture).
d) The approved C-ESMP shall be reviewed, periodically (but not less than every six (6) months), and updated
in a timely manner, as required, by the Contractor to ensure that it contains measures appropriate to the
Works activities to be undertaken. The updated C-ESMP shall be subject to prior approval by the ESMU.

C-ESMP shall include/consider

a. ESMP incorporated in the bid document


b. Recommendations of the funding agencies,
The following Management Strategies and Implementation Plans (MSIP) shall be considered by the
Contractor to incorporate in the C-ESMP:
 Traffic management plan to ensure smooth traffic flow around the worksites and the safety of
local communities from construction traffic Strategy for the protection of workers and
community from construction-related hazards
 Pollution prevention (wastewater, air and noise emissions) and management
 A waste management strategy for proper collection and disposal of waste
 Strategy to address labor influx impacts on the local communities
 Gender-based violence and sexual exploitation and abuse prevention and response action plan
 Emergency response plan and early warning system
 E&S Requirements Section Of The Bid Document
Further, the C-ESMP shall include the following Management Plans:
 OHS Management Plan
 CHS Management Plan
 Waste Management Plan.
 Wastewater Discharge Management Plan
 Air And Noise Emissions Management Plan
 Hazardous Material Management And Spill Control Plan

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 Workers Accommodation Plan
 Management Of Labor Influx And Facilities For Foreign Workers
 Labor Recruitment Procedures And Labor Management
 Traffic Management Plan Including Transport Of Materials From Quarries
 Training Plan for E&S Risks, Including HIV/AIDS, SEA, and GBV.
 Emergency Response plan
 Grievance Redressal Mechanism (GRM)
 SOPs, as provided by the Employer
 Demobilization plan after completion of works.
 SEA/SH Action Plan (will include, but not be limited to, details for:
o Reporting of SEA/SH Incidents: The Bidder must immediately inform the Engineer (or
project gender/GBV focal point) of any SEA/SH allegations or incidents, ensuring
confidentiality. The report should include the type of allegation (sexual exploitation,
abuse, or harassment), and the gender and age of the affected person. The bidder must
also notify the Engineer of any such incidents occurring on Sub-consultants’ or
suppliers’ premises related to the Works. Sub-consultants and suppliers are required
to promptly inform the bidder of any SEA/SH incidents.
o Training of bidder’s Personnel: The bidder must provide appropriate training and
sensitization on the prohibition of SEA and SH to relevant personnel, including sub-
consultants

All projects shall consider the conditions of the Capital city EC. Further building projects shall also consider
conditions of interlinked project EC.
EIA, EMPs shall be referred for the aspects related to Safety, Plantation, Water and Energy conservation etc
.
The above mentioned ECs, EIAs, EMPs are displayed on APCRDA website.

c. Zone of influence
A minimum buffer zone upto 500m from all proposed work activities shall be considered as Zone of
influence in preparation of C-ESMP in addition to the above aspects.

Sensitive areas:
 Educational Institutions (Anganwadis, Schools, Colleges, Universities etc), Health facilities, other
public and semi-public areas-Courts, Legislative Assembly etc)
 Cultural Properties such as Temples, Church, Maszid etc
 Water Bodies:
o Surface water bodies (Rivers, Ponds, Lakes etc) and
o Ground water bodies (Bore wells, Hand pumps etc)
 Habitations
 Existing Trees, Parks
 Forest Area
 Historical & Archeological/Religious monuments
 Places of Tourist importance

Critical Infrastructure:
 Underground water supply lines and other pipelines/cable network
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 Substations/WTPs/Existing lift irrigation schemes & Supply lines

Other aspects:
 It shall also consider establishment of Construction Camp, Labour Camp and Construction Plants
(Hot Mix Plant, RMC/Batching Plant, WMM Plant etc) as per the project needs.
 It shall also consider the material transport routes to the project site.
 It shall also consider material (top soil, excavated soil, C&D waste and other wastes) transportation,
routes from the project site to the designated locations
 Nearest project activities

d. Environmental aspects shall be considered in preparation of the C- ESMP


 Ground water table in the project area
 Proximity and HFL in the nearest stream/water body
Meteorological (nearest station data)
 Predominant wind direction and speed in the context of anticipated impact on the downwind
direction,
 Maximum Hourly Rainfall in the mandal
 Min and Max Temperatures in the mandal

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B. ENVIRONMENT & SOCIAL MANAGEMENT PLAN (ESMP)

The Amaravati capital city project environmental clearance has been issued on 9.10.2015 and amended on 11.6.2018 by
State Environment Impact Assessment Authority, AP, MoEF& CC.

All the capital city works shall be taken up in compliance to the conditions of the Environment clearance and therefore an
indicative ESMP is attached, and it shall be followed. All the environmental laws and latest standards applicable and
instructed shall be adopted to meet the overall project goals. The contractors shall comply with the EC and Amended EC
conditions.

The contractors, sub-contractors, third – parties associated with the capital city contractual works shall ensure that all the
applicable environment clearance conditions are adhered at the project level. This includes labour camps and potential areas
of environment impacts.

Contractors associated with project works shall prepare and submit project level environment and social management plan,
Health and safety management plan, Waste management plan, Traffic management plan, emergency response plan. The
details of its implementation, related documentation shall be reported to the APCRDA on periodic basis and as instructed.

As part of implementation of the ESMP, health and safety, periodic monitoring of environment parameters shall be done
within the project boundary, labour camps and potential environment impacts [Link] like availability of
relevant E&S technical personnel in project team, having tie -ups with NABL certified labs, budget allocation for
implementing the above stated management plans shall be done by the contractor.

All the registers required under the labour laws, environment monitoring data, Training, ESMPs, Organisation policies etc
shall be made available in the construction sites.

The C – ESMP shall be prepared considering the EIA/EMP of the capital city and project specific EMP, RAP and RPF.

Environmental Social Management Plan (ESMP) during Pre-Construction and Infrastructure Development
[Link]
[Link] Procedure/practices Description Institutional responsibility
Implementation Supervision
1.1 Building and Other This act is applicable for those Contractor PMC
Construction Workers construction activity whose cost is
(Regulation of more than Rs. 10,00,000.
Employment and Since the project cost is above 10
working Conditions) lakhs, the Act is applicable to this
Act, 1996). project. All rules and procedure under
this rule should be followed as
The building & Other
Construction Worker’s1. Registration of establishment under this
welfare Cess Act, 1996 Act.

2. Registration of building workers under


this Act.

[Link] of health and Safety measures


for the construction workers in
conformity with ILO convention No.
167 concerning safety and Health in
construction.
I.2 Safety officer Any activity which is carried out by Contractor PMC
500 or more workers, appointment of a
Safety officer is required under the
BoCW Act 1996.
1.3 Temporary shelter The housing for construction workers Contractor PMC

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may be in the form of temporary
structures to be removed after the
completion of the project.

Construction camps and temporary


labour sheds shall be located away
from the construction site.

Construction camps shall be provided


for construction personnel to avoid
indiscriminate dispersed settlement of
construction workers and labourers.

Provision shall be made for the


temporary housing of construction
labour within the site with all
necessary infrastructure and facilities
such as fuel for cooking, mobile
toilets, mobile STP, safe drinking
water, medical health care, crèche etc.
1.4 Medical Services, First Provide First –Aid box at suitable Contractor PMC
Aid, Sanitation locations. This First –Aid box should
be approved by consulting physician.

Facility for the treatment of injured


person should be predefined.

Telephone no. of physicians, hospitals


or ambulances shall be available in the
Labour camp and construction site.

Potable drinking water in sufficient


quantities should be available at site.

Adequate no. of sanitary toilet


facilities should be arranged at site.

[Link] Safety
[Link] Aspect Impact Proposed Mitigation Implementation Supervision
measures
2.1 Personnel Personnel Necessary approved Contractor PMC
protection protection work place and
equipment occupation specific PPE
like helmet, eye
protective wear, safety
belt, shoes, gloves,
jackets, ear plugs, masks
should be provided to
workers and personnel in
the site.
Arrange training &
awareness program for
the effective use of PPE.
2.2 Site Accessibility Accessible roads to the Contractor PMC
preparation site should be safely and
properly marked for any
danger points like
slippage, deep hole, and
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mud. They should be
identified and barricaded.
Entry Prevent unauthorized PMC
entry into the project site.
Prevent unauthorized
persons access to
identified danger points.
Site Levelling Maximize reuse of PMC
Topsoil (30 cm) for
greenery development
within project site.
Details of used and
Excess unutilized top soil
stocks shall be submitted
to the Authority.

Maximize reuse of the


excavated soil within the
project area for leveling
purpose.
Excavation All excavation activities PMC
activities shall be done in a
planned way. All
excavated areas shall be
barricaded to prevent
accidents.
2.3 Spillage of oil Soil Leak proof containers Contractor PMC
and lubricant Contamination will be used for storage
and slippage and transportation to
prevent any slippages
and contamination of
soil, surface and ground
water.

An oil trap should be


provided in the drainage
line to prevent
contamination from
accidental spillage of oil.

The floors of oil/ grease


handling area and the
drains to collect floor
washings shall be
impervious.
2.4 Sign, Signals Precaution Display of relevant Contractor PMC
and Barricades measures informative/safety/hazard
sign boards, symbols and
accident prevention tags
shall be done at all
necessary locations and
to further compliance of
safety norms.
2.5 Material Falling All material stored in Contractor PMC
Storage, hazards stacks, in racks shall be
Handling, secured to prevent from
Disposal sliding, falling or
collapse.
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Aisles and passageways
in the stores shall be kept
clear and in good
condition. Necessary sign
boards shall be
displayed.
2.6 Hand and Cutting, Hand tools should be Contractor PMC
Power Tool shearing, serviced regularly.
electric shock Ensure that all portable
hand tools are
periodically tested and
certified.

Ensure that all power


tools, belts, gears, shaft,
pulleys, sprockets,
spindles, drums, fly
wheels, and chains are
properly guarded.
All electric power
operation
tools/equipment are
provided with earthing or
double insulated.
2.7 Ladders and Falling from Ensure that all ladders Contractor PMC
Scaffoldings height and Scaffoldings are in
good and safe condition.
Ensure that Scaffolds
should be capable of
supporting at least four
times their maximum
intended load.

Ensure that footing or


anchorage for scaffolds
are sound, rigid and
capable of bearing
maximum intended load
without settling or
displacement.

Ensure that ropes, slings,


hangers, platforms, and
other supporting parts of
two point suspended
scaffolding are in proper
position.

Inspection of these
supporting equipment
shall be done before
every installation.
2.8 Cranes, Breaking, It shall be ensured that Contractor PMC
Derricks, physical rated load capacity,
Hoists, hazard recommended operating
Elevators, speeds, and special
Conveyors hazard warnings are
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displayed on all
equipment and they shall
be visible from
equipment/machine
operator’s cabin.

Equipment should be
tested /inspected
annually and the records
of servicing/repairs shall
be maintained.

It shall be ensured that


before leaving a crane
unattended, its boom
should be lowered to the
ground level.

The carrying load should


not exceed the Safe
working load.
2.9 Floor and Wall Fall from Ensure that all openings Contractor PMC
opening height in floor and wall are
properly guarded with
standard railings and sign
boards.

Ensure that open


platforms located two
meter or above the
ground or floor levels
should be guarded by
standard railing.
2.10 Welding and Toxic gas Ensure that certified and Contractor PMC
Cutting inhalation, trained personnel are
Explosion in deployed for these
the gas activities.
Cylinder
Appropriate PPE for eye
and face protection are
supplied and used by the
personnel deployed for
this activity.

Ensure that cutting &


welding fumes
concentration are not
exceeding the TLV by
ensuring necessary
mechanical ventilation
system to exhaust the
toxic gases.

Ensure that all


compressed gas cylinder
secured are in an upright
position at all time.

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Ensure that Arc frames of
all Arc welding and
cutting machine are
grounded.

Arc torch should be


inspected for any leaking
from shut off valves,
hose couplings, and tip
connection before
starting the job.
2.11 Electrical Electrical Live part of all electric Contractor PMC
equipment and Shock equipment should be
connection guarded against
accidental contact.

Ground Fault circuit


interrupters should be
used to protect the user.
Path of cable from
Circuit should be safe
and free from any heat
radiation, sharp edges
etc. Polarity of the
conductor should be
correct.
2.12 Traffic/Vehicle Noise and Effective traffic Contractor PMC
management emission management plan will be
implemented to ensure
proper movement of
vehicles and prevent
traffic delays in and
around the project area.

Vehicle Parking areas


should be clear and
marked.

The keys of the all-


unattended vehicle
should be kept with
driver.
Restrict unnecessary
blowing of horn. Sign
boards shall be displayed
as required.

Ensure that only vehicles


with valid PUC
certificates are operated.
2.13 Occupational Worker health All the labourers to be Contractor
health engaged for construction
works shall be screened
for to find out health
conditions and only
healthy individuals shall
be permitted to work.

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Periodic health check-up
of construction workers
shall be done.

3. Air Pollution and Prevention


[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
3.1 Particulate Impact on DG sets shall be used only as Contractor PMC
emission, humans and power back.
fugitive dust, environment
gaseous Only Approved D.G. sets shall be
emissions from used.
construction
activity Stack shall be arranged to prevent
emergency/ ground level concentrations from
temporary use the emissions.
of DG sets,
traffic
More emphasis should be given
movement
on deployment of vehicles with
valid Pollution Under Control
(PUC) certificates for all vehicles
deployed by contractor, sub-
contractor, third party agencies.

Gas based DG sets, Mobile solar


power supplying systems shall be
given priority as a power back up.
As a last resort, Low sulphur
diesel type diesel generator sets
should be used during emergency
periods in construction phase.
3.2 Unpaved roads Fugitive dust, Dust suppression measures shall Contractor PMC
impact of be taken up in all potential areas
human health of fugitive dust emissions.
and
environment Ready-Mix concrete shall be used.
Batching plant to be established
away from the settlement area as
per the guidelines of the PCB.

Water fogging around the openly


stocked material or barricading
shall be erected around the openly
stored material stocks as per the
site engineer’s instructions.
Contractor shall submit details on
dust and emission control,
monitoring and implementation in
ESMP.

Personnel working in potential


dust and gas emission areas shall
be provided with face masks.

Trucks used for material


transportation which lead to
fugitive dust emissions shall be
covered.

Page | 228
Water fogging or sprinkling shall
be done at all locations where dust
generation is anticipated.
3.3 Exhaust Fugitive dust, Vehicles permitted as per the BS Contractor PMC
emissions from impact of norms under each category and
vehicle human health with valid PUC certificates only
movements and shall be used for construction
environment activities.

4- Ambient Noise and vibration


[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
4.1 Temporary Impact on Use low noise certified Contractor PMC
increases in nearest equipment/machines wherever
noise levels at residents and possible.
the nearest workers
residential Ensure vehicles, equipment and
receptors and machinery are properly maintained,
mixed use area especially the engine exhaust
silencers.

Ensure that all rotary driven


construction equipment has
appropriate noise suppression
devices installed and is well
maintained.

Machinery should be turned off


when not in use in all practicable
cases.
Make use of screening for high
noise activities.

Mechanics will be staffed in the


construction site to ensure
maintenance of the construction
equipment and noise suppression
devices.

It shall be ensured that construction


personnel working near noise
generating activities use ear plugs
and earmuffs.

Diesel generator sets during


construction phase shall have
acoustic enclosures and shall
conform to Environment
(Protection) Rules, 1986 prescribed
for air and noise emission
standards.
4.2 Pile and Impact on Noise protection equipments such Contractor PMC
foundation workers in as noise shields for high noise
construction, high noise producing equipments shall be
road level areas. arranged.
construction,
operation of PPEs like ear muffs/plugs to
machinery like
Page | 229
compressors, workers shall be provided during
compactors, construction activities.
concrete plant,
cranes etc. as Efforts shall be made to restrict use
well as noise levels to standards during
transportation of construction hours.
vehicles.
4.3 Vibrations are Impact on Vibration dampening tools shall be Contractor PMC
caused due to workers. used and workers deployed to such
heavy dumpers, works shall be for limited hours.
and construction
machineries

5- Land environment
[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
5.1 Construction of Impact on land Prior to construction activities, Contractor PMC
approach roads environment- the top soil up to 30 cm depth
soil erosion shall be excavated and stored
separately.
Top soil shall be utilized for
landscaping activities.
5.2 Dumping of Impact on land The construction and demolition Contractor PMC
construction environment waste shall be stored separately
spoils (plastics, within the project site.
glass, fiber
insulation, The C & D wastes shall be reused
roofing, steel within the site for filling and
piping) levelling purposes as instructed
by Site Engineer. The details of
the C& D waste generated and,
stocked utilized shall be
maintained and submitted to the
authority.

The waste generated from the


construction sites and labour
camps shall be segregated into
biodegradable, recyclables,
hazardous, biomedical wastes and
stored separately within the
project site. The details of the
wastes generated and disposed for
each type of wastes shall be
maintained and submitted to the
authority.

The segregated wastes shall be


handed over to the authorized
recyclers and certificate of
handing over/disposal shall be
maintained.

The asbestos waste from


demolition debris, if any, shall be
separated and shall be to
authorized dealers of Hazardous
Wastes.

Page | 230
Earth material generated from
excavation shall be stored
separately and use it as filling
material during site development.
The construction debris and
surplus excavated material shall
be disposed off by mechanical
transport in suitable pre-identified
stocking areas to prevent land
degradation and water logging
due to indiscriminate dumping in
unauthorized areas.

6- Water quality Management


[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
6.1 Site excavations Land/ water It shall be ensured that excavated Contractor PMC
body material obtained prior
contamination construction and during
construction be stored separately.

It shall be ensured that the


excavated material obtained
during construction period is not
polluted prior to its reuse for any
filling purposes/greenery
development. All such
contaminated soils shall be
disposed as per the instructions of
the Authority.
6.2 Accidental spills Impacts on It shall be ensured to prevent soil Contractor PMC
of paints, oils, surface water and surface and ground water
grease or other quality and land contamination by spillage of oil/
materials environment. grease, leakages by usage of oil
traps, non-permeable floors/mats,
leak proof containers for storage
and transportation.

Segregation of waste oils and


lubricants generated during
maintenance of construction
equipment and disposing them to
authorized agencies shall be
ensured.

Construction workers will be


given awareness about the impacts
due to spillage of hazardous/toxic
materials and proper training shall
be imparted for proper handling,
storage, and disposal of hazardous
or toxic materials.
6.3 Sewage Soil and water Sanitary toilet facilities to be Contractor PMC
generation contamination provided in the labour camps and
construction sites.

The toilets provided may be bio-


toilets or the sewage shall be
treated on site by providing
Page | 231
biodigesters, packaged STPs,
septic tanks.

Sludge shall be cleared off using


septic cleaners and handed over to
the near by FSTP or STPs. the
certificates from the relevant
authority at FSTP /STP shall be
collected and maintained.

The treated waste water shall be


reused for greenery within labour
camps or supplied to landscaping
contractor for maintaining existing
greenery in the city.

6.4 Water Usage Surface and Water usage during construction Contractor PMC
Ground Water shall be optimized to avoid any
wastage.

NoC shall be obtained for usage of


ground water and subject to the
conditions of the Environment
clearance.
6.5 Alteration of Surface and Any modification of drainage Contractor PMC
drainage Ground water shall be done with prior approval
characteristics regime of the Authority and proper
(including drainage arrangements shall be
dewatering) and done to ensure that runoffs leading
modification of to the drain and discharges from
the storm water upstream do not inundate the site
flow and or cause flooding in upstream.
recharge regime.
If required as per design, Provide
a temporary or alternative
pathway for storm water drainage
during the construction phase
considering drain capacity, flow
characteristics during peak flow.

Prevent the closure/disturbance in


the natural run-off pathways.

It shall be ensured to reduce the


requirement of dewatering and
excavate below the water table
through careful design of the final
land elevations.

Plan for disposal of ground waters


must be submitted if dewatering is
required.

Monitoring of Groundwater
quality shall be done.

Page | 232
7- Use of Natural resources
[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
7.1 Natural Impact on Avoid the wastage of natural Contractor PMC
resources ecology resources such as water, fuel etc.
Building construction should be
planned in an environment
friendly manner to promote
conservation of natural resources.

8- Hazardous Substances
[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
8.1 Use of Health hazard Appropriate PPE shall be provided to Contractor PMC
Solvent/Painting/ all workers engaged for Painting and
types of batteries varnishing activity.

Hazardous material should be collected


and stored separately. The materials
shall be handed over to authorized
handlers for dispose in secured landfill.
8.2 Minor accidental Soil and ground Develop a comprehensive Spill Contractor PMC
releases and spills of water Prevention and Containment Plan to
hazardous materials contamination ensure safe onsite storage of hazardous
during construction materials, handling and containment of
accidental spills and releases.

The plan shall also address the transfer


and disposal of spilled materials as
hazardous waste and mitigating
measures documented to contain any
spills. Further, the contractor shall
continually monitor and re-evaluate the
effectiveness of the plan.

Implement standard procedures of


CPCB for the transportation, vehicles to
be used, to minimize as much as
possible potential release/spills related
to the bad condition of the materials
(valves, pumps in the trucks, etc).

Pre-casting of concrete structure shall be


done on paved areas, with enough extent
and gradient to prevent spillage of
concrete or cement onto bare soil.

It shall be ensured to keep the amounts


of stored hazardous materials to a
minimum and always within controlled
areas.

During construction, designate an offsite


fuel distribution facility (for
construction and transportation vehicles
and equipment) and ensure that facility
is equipped with spill containment and
prevention measures including integrity
tested double wall storage tanks,
distribution lines and equipment.
Page | 233
If due to project requirements, the re-
fueling of construction vehicles and
equipment needs to take place on the
site, a fuel storage and distribution
facility with appropriate spill
containment and prevention measures
should be built as part of the facilities.

Develop and initiate a groundwater


monitoring programme to monitor
groundwater quality
Applicable permissions from the PESO
shall be obtained for such fuel storage
facilities.
8.3 Minor accidental Soil and ground The site will have a designated site for Contractor PMC
releases and spill water the maintenance of vehicles and
during occasional contamination construction equipment. The
maintenance of maintenance area will have a
construction comprehensive spill prevention and
equipment and containment plan to ensure the safe
vehicles handling and containment of accidental
spills and releases, onsite storage of
hazardous materials and the transfer and
disposal of spilled materials.
It shall be ensured to continually
monitor and re-evaluate the
effectiveness of the plan.
Keep onsite vehicle and equipment
maintenance activities to a minimum or
within the appropriate designated
maintenance areas.

Only emergency repairs (such as those


needed to stop a spill of hazardous
material) should be conducted outside
the maintenance area.

Washing of concrete mixers and trucks


should only take place on paved or lined
areas with appropriate wastewater
collection measures. It is recommended
that the wastewater generated during
washing of concrete mixers and trucks
be given sufficient time to allow for the
settlement of solids, prior to its
treatment and/or disposal. Treatment of
the remaining wastewater should take
into consideration its pH and dissolved
solids load and shall be disposed off as
per the instructions of the Authority.

9- Ecology and Biodiversity


[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
9.1 Removal of Impact on Land based works should have to Contractor PMC
vegetation and ecology be assessed in relation to the
potential following issues:
foraging sites The impact on vegetation within
Page | 234
for nocturnal the footprint of the operational
animals site.

The impact on vegetation at


locations which are to be used as
temporary compounds or storage
areas.

The effects of construction on


other aspects of terrestrial
ecology.

The removal of existing


vegetation should be minimized.
The project site and labour camp
shall be planted with local species
to serve ecological needs.

9.2 Effects of dust Impact on Only vehicles as per the BS norms Contractor PMC
& noise from ecology under each category shall be
earth moving, permitted for construction
vehicle activities.
movements, etc. Further, Vehicles with valid PIUC
on vegetation shall only be used.
and fauna onsite
or adjacent to Other measures like to ensure
the site transportation of materials through
paved roads and minimizing off
road driving shall be implemented.

10- Hazard
[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
10.1 Seismicity Impact of Project falls under the seismic Contractor PMC
structure zone-III. Seismic factor shall be
considered in design of all
structures.
10.2 Fire and Impact on Preparation and implementation Contractor PMC
explosion Structure of an Emergency Management
hazards Plan and a Communication Plan.
Plan shall include both onsite and
off site emergencies.

Plan shall be prepared in


consultation with local authorities
and potentially affected
communities.

11-Social
[Link] Aspect Impact Proposed Mitigation measures Implementation Supervision
11.1 Reduction in Decreased Arrange workshop with the Contractor PMC
number of income. community to inform them about
Immigrant project activities and potential
workers post employment opportunities.
peak. An appropriate decommissioning
plan should be developed and
implemented.
Conducting focus groups or
Page | 235
workshops with local workers and
community to gauge feedback
from workers and the community
on expectations towards
employment opportunities and
project duration.
11.2 Immigrant Impact of The workers shall be allowed to Contractor PMC
workers immigrant exercise their rights related to
separated from workers working hours and weekly offs,
their families public holidays, festivals as per the
labour normsto enable the workers
to have free time.

11.3 Incidence of Social health Employee counselling, health Contractor PMC


disease screening, health and cultural
transmission training and vaccination
between the programmes shall be taken up for
workers and the the workers.
population of
the local Pre-employment inoculation for
communities. locally prevailing contagious
diseases shall be done for workers
in consultation with local health
department.

Develop health policy and


procedures, awareness and
prevention programmes,
integratedprogramme addressing
the health and social implications;

Management of workers
accommodation in ways that
reduce risky behaviors, including
provision of recreational facilities
may be considered.

A health survey campaign to


collect data on the most common
communicable diseases in the area
is recommended.

Tracking and monitoring of


incidence rates throughout project
implementation would provide
valuable information for the design
of health programs.

The requirement to monitor and


screen for communicable diseases
is incorporated into the
contractor’s contract and the
ESMP to be submitted by the
contractor. The PIU/operator
should enforce and audit against
the contract.

Page | 236
Commitment to health education
and support of local programmes
to control the spread of
communicable diseases is
recommended.
11.4 Potential Social health Management and vehicle standards Contractor PMC
increase in road Impact should be specified and safety
traffic accidents measures should be implemented.

A road transport safety programme


should be developed and
implemented over the lifetime of
the project.

Supporting regional road safety


programmes and providing input
into management of the road
network can further reduce the
impact of the development.
Coordinate with the local
authorities to promote traffic
safety and coordination on
transport is recommended. This
coordination should be included in
the stakeholder consultation
program.
11.5 Arrangements Grievance The contractor should ensure that a Contractor PMC
at work site redressal grievance cell is arranged within
the project site for addressing all
general grievances from both
internal and external stakeholders.
Communication The contractor shall intimate in Contractor PMC
with local prior, to the nearby communities,
communities about the project plans, schedule
and associated activities, about
established GRM for general and
gender issues.

[Link] Sensitive approach


[Link] Aspect Impact Proposed Mitigation Implementation Supervision
measures
12.1 Arrangements Employment to  The contractor may encourage Contractor PMC
at work site local women, employment opportunities to
Minimum wages, the qualified local women in
accommodation possible areas of the
and arrangements contractual works taken up in
capital city.
 The contractor must assure
minimum wages for women as
per the existing legal
framework
 The contractor must take all
measures applicable as per
labour laws to prevent and
mitigate any gender-based
violence.
 Separate and secured
accommodation should be
Page | 237
provided to families within
labour camps.
 Women must be given separate
dedicated facilities like toilets,
bathrooms, and wash areas at
the construction site and
residential zone.
 The construction site should
have a crèche as per applicable
laws. The crèche should have
screens for breastfeeding
mothers. Only trained female
supervisors should be
deployed in crèche.
 Government-run Anganwadi
centres (day-care centres) are
available across the planned
Amaravati city area with more
being built. Pregnant women
will be nurtured and children
under the age of 4 will be
taken care of during the day
while the mothers are at work.
The contractor must facilitate
all affected parties on-site to
avail of this facility.
 All the areas in the labour
camps and construction sites
should be provided with proper
lighting with power backup.
Health camps  A female nurse should be Contractor PMC
available in the first aid area.
 In the absence of a female
nurse, first aid for a woman
should only be done in
presence of other male or
female person acquainted to
injured person.
 A female doctor should be
arranged in the labour camp as
part of regular health check-
ups for women workers
Security  Security persons should be Contractor PMC
arranged at labour camps and
construction sites to ensure
women safety.
Awareness and  The contractor should regularly Contractor PMC
grievances impart awareness to all workers
on gender concerns and rights
like equal pay for similar work,
payment of wages, working
hours, holidays, nutrition,
safety, health issues, sexual
harassment at workplace, and
the grievance cell.
 The contractor should conduct
awareness programs on various
provisions of the sexual

Page | 238
harassment at workplace act.
 Enforce BOCW Act (Building
and other construction workers
act) strictly to create a safe and
secure environment for women
workers.
 A grievance cell should be
arranged within the project site.
Suitable arrangements like
grievance drop box, separate
register for gender issues,
phone numbers of the CRDA
officials, local police, local
sub-center should be made
available within the project
site.
 A grievance day should be
arranged for workers at each
project once in two weeks. The
grievance day should be
conducted by a team with at-
least two officials and
contractor side personnel. One
female person should be part of
the team.
Signage  Necessary signage in pictures Contractor PMC
and lettering in local language
and Hindi should be provided
at all amenities in labour
camps and construction sites.
 Signage should include
information related to sexual
harassment and maximum
punishments as per the
sections of the Indian penal
act. Such signage should be
displayed in labour camps and
construction sites.

Page | 239
C. INDICATIVE LIST OF ITEMS UNDER ESMP ACTIVITES TO BE MONITORED BY THE
PROJECT MANAGEMENT CONSULTANCY (PMC)

• The following are the indicative activities (but not limited) that need to be complied by the contractor during
the contract duration. On award of work, the contractor shall work out a C-ESMP in line with labour laws and
other regulatory guidelines along with the quantities of each of these indicated activities (which should be
sufficient for effective implementation of the C-ESMP and other E&S clauses mentioned in the bid
document) and submit for approval of PMC/Employer The modalities of monitoring these activities is to be
jointly finalised by Employer/contractor.
• During periodical inspection, in case of necessity, on direction of Employer, the contractor shall provide
additional quantities and activities.
• The payment for all these activities shall be made out of provisional sum. The payments are subjected to
scrutiny and approval of all the activities done at site.
• The total payment for these activities/additional/new for the entire project duration shall be within ceiling
amount of 1%.
• The contractor shall also, for the performance of its E&S obligations hereunder during the Construction
Period, furnish the Performance Security for an amount equal to 0.1 per cent of the bid amount/contract value
in the shape of unconditional and irrevocable Bank Guarantee/ Insurance Surety Bond valid until 60 days
after the completion of work. This E&S Performance Security shall be over and above the Performance
Security mentioned above.
Sl No Component Description of the item
The contractor shall ensure that permissions from the
regulatory bodies are obtained for Hot mix plant, RMC
plant, Crusher, Quarries, Borrow areas, Tree cutting,
Permissions- Water for construction purposes, hazardous wastes,
1 Clearances/Consents/NoC/ Biomedical wastes etc
Authorisation/license etc
Licences, insurance for the labour (local and migrant),
Registration for specific work under labour laws

Temporary shelter for workers considering the local


climate- Bachelor accomodation with secured room with
adequate space, ventilation, lights, fans , Bedding
Temporary shelter for workers considering the local
climate - family accomodation with secured room with
adequate space, ventilation, lights, fans, Bedding
Provide meals at a reasonable cost or free of charge to its
Contractor’s Personnel per shift in a Dining area and
ensure minimum nutritional requirements
Secured and Sanitary toilets/ Bio toilets with lights -for
Labour camps as per the applicable Men 1 pan for 25 persons
2 National/State laws and quantity as
Secured and Sanitary toilets/ Bio toilets with lights -for
per the personnel
Women 1 pan for 25 persons
Secured bathroom for Men with Water supply and lights
Secured bathroom rooms for Women with Water supply
and lights
Common Washareas
Separate Washareas for women in labour camps
Common Kitchen with ventilation, lights, storage racks
for raw materials
Supply of Environment friendly fuels for Kitchen
Page | 240
Common Dining Area with ventilation, fans and lights
Appropriate water storage units for supply of water for
domestic usage to the camp
Appropriate water storage units for supply of potable
water for domestic usage to the camp
Creche for children
Sanitation and Housekeeping activities within the camp
includes periodic cleaning of over head tanks, toilets,
sweeping, Disinfection
Dustbins of appropriate capacities for wet (Blue) and dry
(Green) wastes and disposal at designated locations
Pest control measures
Onsite sewage treatment facilities/ Mobile STP
Sludge/septage removal and disposal at the designated
locations
Powerback up - Gas based Gensets with accoustic
enclosure with stacks as per CPCB air and noise emission
standards.
Water treatment unit for supplying potable water
considering the raw water source
Water Supply line for potable water to kitchen and to
water disposal points near rooms
Fencing around the labour camp to secure the workers and
to prevent entry of stray animals
Security personnel
Signages in the labour camps on the safety, code of
conduct, sanitation, SEA/SH
Camp level area lighting
Store space for the workers to buy daily needs
First Aid kits within labour camps
Proper ventilated Health check rooms with chairs, tables,
atleast two beds, screens
Fire control equipment
Ambulance shall be available in the project site
Arrange visiting doctor for periodic consultations and
tieup with nearest superspeciality hospital for emergency
treatments
Arrange female nurse in the First aid room
Medical Check Up - The Contractor shall organise
medical check-ups carried out by a doctor for all
Contractor’s Personnel prior to the initial mobilisation to
the Project Area for diagnosis of any disease conditions,
fitness level and later on quarterly basis to check general
health condition fitness for the work.
Common room for trainings/general meetings/Grievance
redressal meetings with chairs, tables, lights and fans
Open drains within the camp site for storm water drainage
Transportation of workers between labour camps and
work sites

Page | 241
Safety Jackets with reflective coating and water proofing
Supply of work specific Safety helmets considering work
place hazards related to electrical, falling objects
Supply of work specific Safety shoes considering work
place hazards related to sharp objects on floor/ground,
electrical, slippage, thermal conditions in the work areas
Supply of work specific Safety gloves considering work
place hazards related to sharp objects, handling wet
Supply of work specific PPE to the materials, chemicals, mechanical tools, electrical,
3 workers and personnel on site as per slippage, thermal
the National standards Supply of Safety ear plugs to all workers in a radius of
100' distance from noise sources
Supply of Safety Masks of Minimum FFP 2 type or
equivalent in all areas of potential sources of Dust, fumes
from welding, emissions from vehicles
Supply safety belt for the person working at heights
Suitable safety apparatus for personnel working in
confined spaces
Safety Eye protective wear
All the vehicles deployed shall meet emission norms as
per applicable rules.
All the vehicles deployed shall have valid PUC certificate
The loaded vehicles with material shall be covered with
Tarpaulins
Tyre wash facility shall be provided in construction site
Speed limit boards shall be displayed along the haulage
routes within 2km from the site
Speed limiting barriers and speed bumps shall be
Traffic management in consideration arranged along the haulage routes within 2km from the
to the applicable guidelines, IRC, site including in the nearest settlements
4
APCRDA instructions and local Deployment of flag men in the nearest settlement and on
police the approach road to the site for management of traffic
during peak hours
Display no honking sign boards near to the senstitive
receptors in the nearest settlement
Display warning sign boards to alert public on
construction zone, unauthorised entry, heavy vehicluar
movement
Arrange informative display boards with project
information and directions to site along the haulage
routes
Surface water quality analysis for the parameters
mentioned in IS 2296 on quarterly basis in the nearest
water bodies
Environmental Monitoring as per the
Ground Water quality analysis for the IS 10500
5 CPCB guidelines and IS standards by
parameters on Quarterly basis in project site, labour
the NABL accrediated lab
camps and nearest habitation
Potable water quality analysis for IS 10500 parameters on
monthly basis

Page | 242
Noise levels during day peak work hours on monthly basis
1. The Construction site 2. Within 500 m on haulage road
to construction site 3. In nearest settlements during peak
hours 4. labour camps 5. Near to Hotmix plant/RMC
plant/ DG sets
Noise levels during Night work hours on monthly basis
1. The Construction site 2. Within 500 m on haulage road
to construction site 3. In nearest settlements during peak
hours 4. labour camps 5. Near to Hotmix plant/RMC
plant/ DG sets
Soil Quality analysis as per the ICAR recommended
parameters on Quarterly basis in the construction site, site
surroundings, labour camp surroundings
Regular internal monitoring of minimum Lighting Lux
levels in work areas and maintenance of records
Ambient Air Quality Monitoring on monthly basis for the
parameters So2, No2, PM10, PM2.5, O3, CO, VoC
1. The Construction site 2. Within 500 m on haulage road
to construction site 3. Downwind side in nearest
settlements during peak hours 4. labour camps
Additional parameters under Air, Water, Soil in case of
any polluting events noticed
Arrange the Hard MS/GI Sheet barricading upto 7 m
height around the construction site to reduce the fugitive
emissions to the surrounding area
Arrange adequate area lighting in the construction site,
haulage routes, surrounding the construction site during
night/low light conditions
Arrange adequate lighting inside the under construction
building to enable both day and nigth working conditions
Supplying and fixing of cautionary and informative signs
boards on Safety of the workers in all work areas
Provide work specific arrangements for personnel to
prevent trip, slip and falls hazards
Arrange fall protection arrangements for the scaffolding,
Occupational, Health and Safety as along the stairs, floor edge
6
per the applicable labour laws/GIIP Walking Surfaces or boards at height should be of sound
construction and to be provided with safety rails and
safety belts
Arrangement for head protection around the builiding
from falling objects and with necessary signages
Arrangement of Vibration Control Damping tools shall be
used
Arrangement of Adequate safety barricades near heavy
machinery considering the radial movement
Arrangement of Adequate safety barricades with retro
reflective stickering near excavated areas
Arrangement of Personnel near heavy machinery to
control and guide movement with appropriate tools like
flags/hand held batons appropriate to day/night conditions

Page | 243
Arrangement of warning signage boards -with emergency
contacts, site E&S officer contact, Grievance officer
contact
Arrangement of Fire fighting equipment shall be arranged
in the construction site and near to the fuel storage and
handling area
Arrnagement of Measures to prevent water stagnation and
mosquito breeding
Arranegement of basic amenities in the construction site -
secured and sanitary toilets for men and women, drinking
water, rest areas, food, first aid etc.
Arrangement of Pest control measures in the construction
site
Make arrangement to Display Grievance Redressal Boards
with project information along the Projects
Arrangement of warning signage boards -with emergency
Signage and display boards as per
7 contacts, site E&S officer contact, Grievance officer
the E&S requirements
contact, list of trained first aiders with contacts
Display informative board on GBV, SEA/SH and
punishment under the law
Arrangement of dust bins within the construction sites for
collection of wet and dry wastes
Onsite arrangement of space with shelter, spill control
kits, impermeable floor and drain, collection pits for
collecting, segregation and temporary storage of wastes
into the streams -e waste, batteries, used oils,
contaminated soils/materials, plastics, empty cement bags,
used chemical cans, electrical wastes, steel cutting,
plumbing wastes, glass, Tyres or any other hazardous
wastes etc
Space for temporary storage of bulk wastes like C & D
wastes and other wastes
Waste Management as per the
Transportation of C & D wastes to the designated location
CPHEEO/CPCB guidelines and GIIP
8 Transportation of Top soil upto 30cm depth to the
(Good International Industry
Practices) designated location
Transportation of excavated soils other than topsoil to the
designated location
Transportation of other recyclable wastes to the
designated collection location
Arrangement with Authorised dealer/facility to hand over
the biomedical wastes
Hazardous waste (Used oil etc) handing over to the
APPCB authorised recyclers/ TSDF by providing disposal
certificates
The sludge and septage shall be cleared through a
authorised operator in the region and shall be ensured for
disposal in nearest STP/FSTP or authroised dealer/facility
Insurance The contractor shall take Public liability insurance if any
9
material under the PLI act is handled.

10 Arrangement of truck/s mounted with water fogging guns


to control dust in the construction site, labour camp, along

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haulage routes and in nearest settlement and water
sprinkling along roads wherever applicable.
Arrange Oil, Grease & Sludge Separator in all applicable
areas such as vehicle bay, vehicle Garage, fuel storage
areas, fuel handling areas
Silt Fencing along the drains or at the sedimentation
ponds in construction site to Protect water bodies
Minimum onsite treatment systems for the effluents from
the batching plant as per the consent conditions of
PCB/GIIP
Arrangement of Noise Barriers near all potential noise
sources and as per the site conditions
Arrangement of site specific measures to protect adjacent
properties from dust and air pollution
Mitigation Measures as per the Arrangement of appropriate site specific measures to
relevant applicable standards and indicate and prevent any flooding conditions
guidelines For power back up in all practicable cases arrange solar
panel based supplies during emergencies in the
construction site with stacks
For power back up in all practicable cases arrange gas
based gensets as a power back during emergencies in the
construction site with stacks
DG sets for powerback (to be used only) if gas based and
solar based arrangements are not feasible and DG sets to
have stacks to limit ground level concentrations
Existing trees to be translocated
Topsoil excavated during construction activities shall be
used for horticulture/landscape development within the
project site.
The contractor shall arrange adequate drains to ensure
drainage of storm water during monsoons
Training sessions for his personnel in two-folds:
introductory sessions for starting work at the Project Area,
and technical training as required in relation to the
execution of the works
Capacity building Training for the workers on Contractor Environment,
11 Trainings/Workshops/Awareness Health & Safety Management plan, Code of conduct,
Programs GBV/SEA/SH, Occupational safety
Awareness on HIV/AIDS, Pandemics such as COVID-19
& Medical Camps
Fire fighting, Mock Drills
First Aid Training, CPR Testing
Site rehabilitation - Rehabilitate all Project Areas and
landscapes disturbed by the works, to their original
condition where possible upon completion of construction
and prior to the provisional acceptance of the works.
Rehabilitation & Reinstatement of
12 Close collaboration with all statutory stakeholders will be
Sites at the Closure of the Project
conducted in cooperation with the Employer during the
reinstatement. This will include all temporarily acquired
sites including borrow areas, quarry areas, camp site,
storage areas, diversions, etc.

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Formation and functioning of Internal complaints
committee for gender related issues as per the POSH act
Provide temporary safe access to individual properties/
settlements /activity areas in case of disturbance to regular
13 Social Aspects routes.
Formation and functioning of grievance redressal cell
Consultations with stakeholders as and when required to
prevent social conflicts due to labour influx
Note: The above list is not exhaustive. The environment and social setup specific to project and the ESMP in
Bid Document, E&S policy shall be considered in the C - ESMP.

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Appendix 11
[Insert ACG from Volume IV: Corrupt and Fraudulent Practices]

Page | 247

Common questions

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Bidder financial requirements include a Bid Security (EMD) of INR 10 Lakhs, payable via NEFT/RTGS or bank guarantee, to secure participation in the tender. Additionally, a non-refundable bid processing fee of INR 25,000 must be paid online. These requirements ensure that only serious bidders with sufficient financial backing participate, instilling financial discipline from the onset of the tender process .

Contractors are obligated to follow the Environmental and Social Management Plan (ESMP) which includes measures such as sourcing and conserving water responsibly, managing excavated soils, and monitoring environmental parameters like air, water, and noise pollution. They must also submit a Quarterly Environmental and Social Compliance Report detailing progress on implementation, adherence to safeguards, and addressing grievances. The ESMP must be adhered to throughout the project's duration, integrating environmental standards into construction activities .

Performance security is crucial in ensuring that the winning bidder fulfills their contractual obligations. It is implemented as a Performance Bank Guarantee or Insurance Surety Bond, comprising 5% of the winning contract value. This security must be provided from a scheduled commercial bank in India and remains valid until the completion of the project, including the defect liability period. It serves as a financial guarantee that the contractor will perform according to the contract terms, protecting the Authority from financial loss in case of contractor default .

The Project Management Consultant (PMC) is responsible for overseeing the completion of balance works for various multi-storied quarters and bungalows intended for MLAs, MLCs, Ministers, Judges, All India Services officers, and other officials. This includes infrastructure development, ensuring compliance with environmental and social management plans, and fulfilling the requirements of the Defect Liability Period (DLP) of 2 years. Additionally, the PMC is tasked with ensuring that all work adheres to the set guidelines and timelines, such as providing periodic environmental and social compliance reports and maintaining proper documentation of health and safety management plans .

To address non-compliance, the contractor must submit periodic Environmental and Social Compliance Reports to the Employer, detailing adherence to the Contractor's Environmental and Social Management Plan (C-ESMP). This report includes key activities, compliance with safeguards, and incident reports. Non-compliance may result in corrective actions. All compliance measures are monitored by a Project Management Consultancy, which also audits the implementation of environmental and social safeguards, ensuring continuous compliance and addressing grievances through a designated channel .

The authority's right to reject any bid without providing an explanation can have significant impacts on participating entities. It maintains the authority's flexibility and discretion in decision-making but can lead to transparency and trust issues among bidders. This approach could deter participation by entities seeking clarity and fairness in the bidding process. Nevertheless, it can safeguard the authority against accepting technically insufficient or economically unviable proposals, preserving project integrity .

The contract provisions mandate the establishment of temporary shelter for workers with necessary facilities like potable drinking water, sanitation facilities, and mobile toilets to ensure hygiene and welfare. Contractors are also required to provide first aid, conduct health screenings, and establish a grievance redressal mechanism to address worker issues. These measures comply with the Building and Other Construction Workers Act, which emphasizes the importance of a safe and supportive environment for construction workers .

Digital signatures play a critical role in the e-procurement process as they provide a means of verifying the identity of bidders and securing the integrity of submitted documents. Bidders are required to have a Class-III digital signature certificate, which allows for both signing and encrypting documents. This ensures that only authorized individuals can submit bids and that the information remains confidential and tamper-proof during transmission through the e-procurement system .

The selection process for the Project Management Consultant involves a Quality and Cost Based Selection (QCBS) approach with a weightage of 80:20, favoring quality over cost. Technical proposals are evaluated first, followed by financial bids, where a Relative Financial Score (RSfin) is calculated to compare financial proposals. The bidder with the highest overall Relative Score (RS)—a composite of technical and financial scores—is selected, provided they meet all the other qualifications outlined in the tender documents .

The contract outlines that in the event of force majeure, the affected party must notify the other party, and both parties should strive to develop a mutually satisfactory resolution. If unresolved, either party can terminate the contract, which affects their rights and obligations. Notably, the client's obligation to make payment is unaffected by force majeure, ensuring financial liquidity despite interruptions. This framework provides legal clarity and facilitates adaptability to unforeseen complications during project execution .

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