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RFP for Lucknow Zonal Development Plans

The document is a Request for Proposal (RFP) issued by the Lucknow Development Authority for consultancy services to prepare Zonal Development Plans for the Lucknow Master Plan 2031. It outlines the bidding process, eligibility criteria, and submission requirements, including deadlines and fees. Bidders are encouraged to conduct their own assessments and the authority reserves the right to accept or reject any proposals without liability.

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Vishal Jain
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0% found this document useful (0 votes)
18 views114 pages

RFP for Lucknow Zonal Development Plans

The document is a Request for Proposal (RFP) issued by the Lucknow Development Authority for consultancy services to prepare Zonal Development Plans for the Lucknow Master Plan 2031. It outlines the bidding process, eligibility criteria, and submission requirements, including deadlines and fees. Bidders are encouraged to conduct their own assessments and the authority reserves the right to accept or reject any proposals without liability.

Uploaded by

Vishal Jain
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

Request for proposal for consultancy services for preparation of Zonal

Development Plans for Lucknow Master Plan 2031

Issued By

Lucknow Development Authority


Sector 38A, 2A, Gomti Nagar Extension Bypass Road,
Vipin Khand, Gomti Nagar, Lucknow, U.P. – 211001
Contents
VOLUME – I .......................................................................................................................................................... 5
NOTICE INVITING TENDER, INFORMATION FOR BIDDERS & INTRODUCTION ......................................................... 5
1 NOTICE INVITING TENDER (NIT) ................................................................................................................... 7
2 INFORMATION FOR BIDDERS (IFB) ............................................................................................................... 8
3 INTRODUCTION .......................................................................................................................................... 11
3.1 Project Brief ....................................................................................................................................... 11
3.2 Key Instructions .................................................................................................................................. 11
VOLUME – II ....................................................................................................................................................... 12
INSTRUCTION TO BIDDERS (ITB) & LIST OF DOCUMENTS ................................................................................... 12
1 INSTRUCTION TO BIDDERS (ITB) ................................................................................................................ 13
1.1 Scope of Bid....................................................................................................................................... 13
1.2 Source of funds .................................................................................................................................. 13
1.3 Fraud and Corruption ......................................................................................................................... 13
1.4 Eligible bidders................................................................................................................................... 14
1.5 Sections of Bidding Document ............................................................................................................ 16
1.6 Clarification of RFP document, Pre-Bid meeting .................................................................................. 17
1.7 Amendment of bidding document ....................................................................................................... 17
1.8 Cost of bidding ................................................................................................................................... 18
1.9 Language of bid ................................................................................................................................. 18
1.10 Documents comprising in the bid. ....................................................................................................... 18
1.11 Letters of bid and schedules ............................................................................................................... 18
1.12 Bid price. ........................................................................................................................................... 18
1.13 Currencies of bid and payment ........................................................................................................... 19
1.14 Documents comprising the technical proposal ..................................................................................... 19
1.15 Documents establishing the qualification of the bidder ........................................................................ 19
1.16 Bid Validity ........................................................................................................................................ 19
1.17 EMD/Bid security ............................................................................................................................... 19
1.18 Format and signing of proposal ........................................................................................................... 21
1.19 Submission of Bids ............................................................................................................................. 21
1.20 Deadline for submission of the proposals ............................................................................................ 22
1.21 Late Proposals ................................................................................................................................... 22
1.22 Withdrawal, substitution, and modification of bids .............................................................................. 22
1.23 Bid Opening ....................................................................................................................................... 22
1.24 Process to be confidential. ................................................................................................................. 23
1.25 Clarification of Financial bid ............................................................................................................... 23
1.26 Deviations, Reservations and Omissions ............................................................................................. 23
1.27 Examination of Technical Bids ............................................................................................................ 24
1.28 Responsiveness of Technical Bid ........................................................................................................ 24
1.29 Non-material Nonconformities ............................................................................................................ 24
1.30 Qualification of the Bidder .................................................................................................................. 25
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

1.31 Subcontractors .................................................................................................................................. 25


1.32 Correction of Arithmetical Errors ....................................................................................................... 25
1.33 Evaluation and Comparison of Financial Proposals .............................................................................. 26
1.34 Employer’s Right to Accept Any Bid, and to Reject Any or All bids. ..................................................... 26
1.35 Notification of Intention for Award of Contract ................................................................................... 26
1.36 Award Criteria ................................................................................................................................... 27
1.37 Notification of Award ......................................................................................................................... 27
1.38 Performance Security ........................................................................................................................ 28
1.39 Signing of Contract ............................................................................................................................ 28
1.40 Bidding Related Complaints ................................................................................................................ 28
1.41 Jurisdiction of Courts ......................................................................................................................... 28
VOLUME – III ...................................................................................................................................................... 29
EVALUATION AND QUALIFICATION CRITERIA .................................................................................................... 29
1 Eligibility and qualification criteria .............................................................................................................. 30
1.1 Technical Eligibility ............................................................................................................................. 30
1.2 Financial Criteria ................................................................................................................................ 30
2 Evaluation of Technical Bid ......................................................................................................................... 31
2.1 Further evaluation of the technical bid of a bidder shall be done as per the marking / Scoring system
enumerated below: - .................................................................................................................................... 31
2.2 The Scoring Criteria to be used for Evaluation of Technical Proposal shall be as follows: ........................... 32
3 Technical Score of the Bidder (St) ............................................................................................................... 38
4 Financial Bid evaluation .............................................................................................................................. 38
4.1 Submission of Financial Proposal ........................................................................................................ 38
4.2 Financial Score of the bidder (Sf) ........................................................................................................ 38
4.3 Composite Score ................................................................................................................................ 38
VOLUME – IV ...................................................................................................................................................... 40
FORMATS FOR TECHNICAL PROPOSAL ............................................................................................................. 40
1 FORMATS FOR SUBMISSION ...................................................................................................................... 41
Form 1: Covering letter of Technical Proposal ............................................................................................... 41
Form 2: Checklist ........................................................................................................................................ 44
Form 3: Details of the bidder/s ..................................................................................................................... 45
Form 4: Technical Capacity of the Bidder ...................................................................................................... 46
Form 5: Financial Capacity of the Bidder ....................................................................................................... 47
Form 6: Project Description Sheet ................................................................................................................ 48
Form 7: Power of Attorney .......................................................................................................................... 49
Form 8: Non-Blacklisting certificate .............................................................................................................. 50
Form 9: Technical Proposal.......................................................................................................................... 51
(Maximum 15 slides) ................................................................................................................................... 51
Form 10: Curriculum Vitae (CV) ................................................................................................................... 52
Form 11: Format for joint bidding agreement for consortium/Joint Venture ................................................... 54
Form 12: Format for Power of Attorney for Lead Member of Consortium / Joint Venture ................................ 58

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 11: Financial Proposal (Cover II) .......................................................................................................... 60


VOLUME – V....................................................................................................................................................... 61
SCOPE OF WORK ............................................................................................................................................... 61
Note – Cluster 1&2 have already been awarded ............................................................................................. 70
SCHEDULE II – DIVISIONS OF ZONES FALLING WITHIN THE LUCKNOW DEVELOPMENT AREA .................... 71
SCHEDULE III – DIVISIONS OF CLUSTERS WITHIN ZONE ............................................................................. 72
Note – Cluster 1&2 have already been awarded ............................................................................................. 72
VOLUME – VI...................................................................................................................................................... 73
PART A – GENERAL CONDITIONS OF CONTRACT & PART B – SPECIAL CONDITIONS OF CONTRACT ................... 73
Appendix 1 ................................................................................................................................................. 99
VOLUME – VII ................................................................................................................................................... 105
CONTRACT AGREEMENT ................................................................................................................................. 105
VOLUME – VIII .................................................................................................................................................. 108
SECURITIES AND OTHER FORMS ..................................................................................................................... 108
A: Performance Security (in form of Bank Guarantee) ................................................................................. 109
B: Letter of award ..................................................................................................................................... 111
C: Issue Of Notice to Proceed with Work ..................................................................................................... 112
VOLUME – IX .................................................................................................................................................... 113
FINANCIAL BID & BILL OF QUANTITIES (BOQ SHEET IN M.S. EXCEL FORMAT SEPARATELY ATTACHED) ......... 113

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

VOLUME – I
NOTICE INVITING TENDER, INFORMATION FOR BIDDERS &
INTRODUCTION

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Disclaimer
This Request for proposal (RFP) document for “Consultancy services for preparation of Zonal development
plans for Lucknow Master Plan 2031” contains information about the project and scope of work for bidding
among bidders. The purpose of RFP is to provide the bidders with information to assist in the formulation of
their response.

While all efforts have been made to ensure the accuracy of the information contained in this RFP document,
this document does not contain all the information required by the bidder. The bidders are encouraged to
conduct their own independent assessment, investigations, and analysis; check the reliability, accuracy, and
completeness of the information at their end, and obtain independent advice from relevant sources as
required before submission of their response. Lucknow Development Authority (LDA) and any of its
employees or advisors shall incur no liability under any law, statute, rules, or regulations as to the accuracy
or completeness of the RFP document.

The LDA reserves the right to change any or all conditions/ information set in this RFP document by way of
revision, deletion, updating, or annulment through the issuance of an appropriate addendum as the LDA,
Lucknow may deem fit without assigning any reason thereof.

The LDA reserves the right to accept or reject any or all applications without giving any reasons thereof. The
LDA will not entertain or be liable for any claim for costs and expenses in relation to the preparation of the
applications to be submitted in terms of this RFP document.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

1 NOTICE INVITING TENDER (NIT)


Bidders can download the RFP document from the website [Link] and submit
their response on eProcurement System Government of Uttar Pradesh in the English language as per formats
provided annexure of the document.

The key dates and information for the Project are as below:
Title Description
Request for proposal (RFP) for “Consultancy services for preparation of
1. Name of the work
Zonal development plans for Lucknow Master Plan 2031”
2. Mode of Bid Submission Online through e-procurement system [Link]
3. Type of Tender Open Tender through National Competitive Bidding (NCB)
4. Type of Bidding System Single Stage Two Bid System
5. Type of Contract QCBS (H1)
6. Period of Completion 12 Months from the date of Letter of Award.
7. Bid Validity Period 180 days
a. Bid Processing Fee: Non-refundable/ Nonadjustable fee of INR 11,800
inclusive of GST (Rupees Eleven Thousand Eight Hundred Only) is to be
submitted with each Proposal.
b. EMD Fee: Each Proposal should be accompanied with a EMD amount of
INR 10,00,000/- (Rupees Ten Lakh Only). This amount is to be deposited
through NEFT/ RTGS mode, in favour of ‘Lucknow Development
Authority’. Applicants whose bid security is not received by the Client
before the last date of submission, their proposals will be rejected.
EMD/Bid security of unsuccessful Applicants shall be returned, without any
interest, after issuing LOA to the selected applicant or when the selection
process is cancelled by client.
8. EMD/ Tender Fee details Step-by-step manual for online payment of Bid Processing Fee & EMD/ Bid
Security is as follows:
a. Go to [Link]
b. Fill the details in the form and select the Payment type - Tender
Fee/EMD/Security Deposit with other details.
c. Post validating, click on “Proceed” Button.
d. Bidder will get the options to pay through Credit Card/ Debit Card/
Net Banking & NEFT/ RTGS Challan Mode.
e. For NEFT/ RTGS Challan Mode: After generating the Challan, Bidder
needs to initiate NEFT/ RTGS through their bank as per the
Beneficiary details provided in the Challan.
f. Bidder can check the status of the payment.
9. Date of uploading the RFP 17/10/2025, 12:00 hrs (IST)
30/10/2025, 14:00 hrs (IST) – shall be conducted through hybrid mode
Online: Meeting ID: 383 690 512 447 2, Passcode: MK3vi7cY on MS Teams
10. Date of Pre-bid meeting
Physical: Parijat Hall, Lucknow Development Authority.
Prebid queries to be mailed on ctpmlda@[Link]
Last date of Submission of
11. 17/11/2025, 12:00 hrs (IST)
Proposals
Date of opening of technical
12. 18/11/2025, 17:00 hrs (IST)
bid
Shri K. K. Gautam, Shri Devesh Anand,
Chief Town Planner, Lucknow Assistant Town Planner, Lucknow
Contact details for Development Authority Development Authority
13.
clarification
Ph no. - 7500161161 Ph No - 8541924514
Email – ctpmlda@[Link]

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

2 INFORMATION FOR BIDDERS (IFB)

Detailed instructions & documents to be furnished for online bidding:

1. PARTICIPATING IN THE BID IN THE E-PROCUREMENT PORTAL: The Bidder intending to participate in
the bid is required to register in the Portal with some information about the firm. This is a one-time
activity for registering in Portal. During registration, the consultant must attach a Digital Signature
Certificate (DSC) to his / her unique user ID. The DSC used must be of appropriate class issued from a
registered Certifying Authority such as n-Code solutions CA, Safe script, TCS, MTNL, IDRBT, E-Mudra etc.

a) To log on to the portal the Bidder is required to type his/her username and password.

b) The system will again ask to select the DSC and confirm it with the password of DSC. For each login,
a user’s DSC will be validated against its date of validity and against the Certificate Revocation List
(CRL) of respective CAs stored in system database. The system checks the unique ID, password and
DSC combination and authenticates the login process for use of portal.

c) The tender documents uploaded by the tender inviting officer on the website ‘e’- procurement portal
[Link] will appear in the section of “tenders by organization” before the due date
of tender sale. Only NIT will be published in the newspaper specifying the work details along with
mention of the specific website for details. The publication of the tender will be for a specific period
till the last date of submission of proposals as mentioned in the ‘Notice Inviting Tender’ after which
the same will be removed from the list of active tenders. Any bidder can view or download the bid
documents from the web site.

d) If the software application has the provision of payment of cost of tender document through payment
gateways of authorized bankers by directly debiting the account of the bidders, bidders will be
required to avail on-line payment. Furnishing scanned copies of such documents is mandatory along
with the tender documents otherwise his/her bid shall be declared as nonresponsive and thus liable
for rejection.

1.1. In the case of any failure, malfunction, or breakdown of the electronic system used during the e-
procurement process, the tender inviting officer shall not accept any responsibility for failures or
breakdowns other than in those systems strictly within their own control.

1.2. Any third party/company/person under a service contract for operation of e-procurement system in the
State or his/their subsidiaries or their parent companies shall be ineligible to participate in the
procurement processes that are undertaken through the e-procurement system irrespective of who
operates the system.

1.3. For submission of proposals through the E-Procurement portal, the bidder shall upload the scanned
copy/copies of document in prescribed format wherever warranted in support of eligibility criteria and
qualification information. The on-line bidder shall have to produce the original documents in support of
the scanned copies and statements uploaded in the portal before the specified date as per NIT.

1.4. The officer inviting the bid / Engineer-in-charge will clarify queries on the contract data on requisition
by the intending bidder. The bidder may ask questions in the e-procurement portal using his DSC;
provided the questions are raised before the date mentioned in the home page under critical dates.

1.5. The proposals uploaded by the tender inviting officer may consist of conceptual drawings or typical
sections of the project. Bidders may download these drawings and take out the print for detailed study.
The bidder is required to download all the documents including the drawings for preparation of his bid.
It is not necessary for the part of the bidder to upload the Bid documents (after signing) while uploading
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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

his bid. He is required to upload documents related to his eligibility criteria and qualification information
and price bid duly filled in. It is assumed that while participating in the bid, the bidder has referred to all
the documents uploaded by the officer inviting the bid. Seeking any revision of rates or backing out of
the bid claiming for not having referred to any or all documents provided in the bid by the officer inviting
the bid will be construed as a plea to disrupt the bidding process and in such cases the performance
security shall be forfeited.

1.6. Any corrigendum issued shall be part of the bidding documents and shall be notified on the website
[Link]

1.7. All the volumes/documents shall be provided on the portal by the officer inviting the bid. The bidder
shall carefully go through the document and prepare the required documents and upload the scanned
documents in PDF format to the portal in the designated locations of technical bid. Submission of
documents shall be affected by using DSC of appropriate class.

2. Bids will be opened online as per the time schedule mentioned in the NIT of the RFP.

3. Bidders should be ready with the scanned copies of cost of documents & performance security as
specified in the tender document. Before submission of bids online, bidders must ensure that scanned
copies of all the necessary documents have been attached with the bid.

4. Bidders should submit tender fee & performance security as mentioned in NIT and attach proof of
payment along with technical bid, failing which bid will not be accepted. The details of cost of documents,
performance security specified in the tender documents should be the same as submitted online
(scanned copies), otherwise bid will summarily be rejected.

5. LDA will not be responsible for the delay in online submission of bids due to any reason whatsoever.

6. All required information for the bid must be filled out and submitted online.

7. Other details can be seen in the bid documents.

8. Only online withdrawal or modification of bids, if any, in pursuance of relevant clauses of the SBD is
acceptable.

9. Details of documents to be furnished for online bidding:


(Scanned copies of the following documents to be up-loaded in pdf format on the website
[Link] in technical bid folder).
a) Tender fee
b) Performance security (Bank Guarantee) in the form specified in RFP.
c) Qualification requirement of the bidder information and supporting documents, as specified in
RFP.
d) Certificates, undertakings, affidavits as specified in RFP.
e) Undertakings that the bid shall remain valid for the period specified in RFP.

10. Uploaded documents of successful bidder will be verified with the original before signing of the
agreement. The successful bidder should provide the originals to the concerned authority on receipt of
such a letter in this regard, which will be sent through registered post or speed post or by e-mail or
delivered by hand.

11. Each upload shall be digitally signed by the bidder.


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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

12. Bidders in order to participate in the bidding process have to get ‘Digital Signature Certificate (DSC)’ as
per Information Technology Act-2000 to participate in online bidding. This certificate will be required for
digitally signing the bid.

13. The RFP document shall form part of the contract agreement. The bidder should download all pages of
the RFP document and must sign all pages (authorized signatory of the contract agency) before
uploading the RFP document in the [Link] portal

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

3 INTRODUCTION
3.1 Project Brief

The Zonal Development Plan is a detailed plan for a zone conceived and prepared within the framework of
a Master Plan, containing proposals for various land uses, roads, streets, parks, open spaces, community
facilities, services, and public utilities, etc. The Uttar Pradesh Urban Planning and Development Act (1973)
provides for the preparation of Zonal Development Plans. According to Section 9 (i) of the Uttar Pradesh
Urban Planning and Development Act, the Development Authority is required to proceed with the
preparation of the Zonal Development Plans for each of the zones simultaneously with the preparation of
the Master Plan or as soon as may be thereafter.

The format for the contents of the final Zonal Development Plan shall be broadly in line with the guidelines
mandated in the Urban and Regional Plan Formulation and Implementation (URDPFI) Guidelines of
Government of India, and various Government orders issued by Housing and Urban Planning Department,
Govt. of Uttar Pradesh. The format for the deliverables including all reports and maps, including
representation and scale, shall be as mutually agreed between the State Government, Development
Authorities, Transit Agency, and Consultant, in the interest of clarity and legibility of the final document /
plan.

3.2 Key Instructions


1. Period of availability of tenders online/date & time of bidding on-line/last date of seeking
clarification/date of opening of tender papers are as per NIT.
2. Cost of bidding document for a non-refundable fee as indicated shall be in the form of NEFT/RTGS
from any scheduled commercial public sector bank, payable at Lucknow in favor of “Lucknow
Development Authority” in employer bank account as provided at NIT of Volume -I of RFP.
3. Bids must be accompanied by EMD/Bid security amount specified in NIT for the work. Bid security
shall be in the form as specified in clause 1.19 of Volume – II of the bidding documents
4. EMD/Bid security shall be deposited as per time & date mentioned as per NIT. Only those applications
will be entertained whose cost of bidding document and performance security is received on or before
the time & date mentioned as per NIT or non-receipt of the same in LDA.
5. Bidder(s) shall upload Scanned copy in pdf format/Digitally Signed copy of his/her EMD/Bid Security,
tender fee, all necessary documents as per Form 2 Checklist.
6. The work shall have to be completed in time, failing which penalty for non– completion of work in
time shall be imposed, as stated in the bid document.
7. Bidders who have rescinded work in a government department shall not be eligible to participate in
the bidding process. Bidders shall provide their banker’s contact details, so that LDA can contact the
bank, if required.

Page | 11
VOLUME – II
INSTRUCTION TO BIDDERS (ITB) & LIST OF DOCUMENTS
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

1 INSTRUCTION TO BIDDERS (ITB)


A. General Information

1.1 Scope of Bid


1.1.1
Lucknow Development Authority (LDA), hereinafter referred to as the “Employer’, issues this RFP
for the “Consultancy services for preparation of Zonal development plans for Lucknow Master
Plan 2031” as specified in Section 6 of the RFP
1.1.2 Throughout this bidding document
a) The term “in writing” means communicated in written form and delivered against receipt.
b) except where the context requires otherwise, words indicating the singular also include the
plural and words indicating the plural also include the singular; and
c) “day” means calendar day.
d) “week” means a period of seven days.

1.2 Source of funds


The expenditure of this project shall be funded by Lucknow Development Authority

1.3 Fraud and Corruption


1.3.1 The Employer requires that bidders observe the highest standard of ethics during the procurement
and execution of such contracts. In pursuance of this, the Employer:
a) defines, for the purposes of this provision, the terms set forth below as follows:
i. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything
of value to influence improperly the actions of another party.

ii. “Fraudulent practice” means 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. “Coercive practice” means 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.

iv. “Collusive practice” means an arrangement between two or more parties designed to achieve an
improper purpose, including influencing improperly the actions of another party.

v. “abuse” means theft, waste or improper use of assets related to Employer-related activity, either
committed intentionally or through reckless disregard.

vi. “Conflict of interest” means any situation in which a party has interests that could improperly
influence that party’s performance of official duties or responsibilities, contractual obligations, or
compliance with applicable laws and regulations.

vii. “Obstructive practice” means

a. deliberately destroying, falsifying, altering, or concealing evidence material to an


Employer’s investigation, or deliberately making false statements to investigators, with the
intent to impede an Employer’s investigation.

b. threatening, harassing, or intimidating any party to prevent it from disclosing its


knowledge of matters relevant to Employer investigation or from pursuing the
investigation; or

c. Employer reserves the right directly or through their Auditors to inspect accounts, records
and other documents relating to the bid submission and contract performance pertaining

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

to consultant, supplier, sub-contractor. Deliberate acts intended to impede the exercise of


Employer’s contractual rights of audit or inspection or access to information; and

viii. “Integrity violation" including (i) to (vii) above including failure to adhere to the highest ethical
standard.
b) Has the right to reject the bid for award if it determines that the bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, abusive,
coercive, or obstructive practices or other integrity violations in competing for the Contract.
c) Will sanction a bidder or its successor, including declaring ineligible, for a stated period, to
participate in employer’s activities, if it at any time determines that the bidder has, directly
or through an agent, engaged in corrupt, fraudulent, collusive, obstructive, abusive, conflict
of interest, coercive and integrity violation in competing for, or in executing a contract of
the employer.

d) In case it is found during the evaluation or at any time before signing of the agreement or
after its execution and during the period of subsistence thereof, that the bidder has made
material misrepresentation or has given any materially incorrect or false information, the
bidder may be

i. disqualified and banned from further business dealings for a period of two (02) years with the
employer forthwith if not yet appointed as the bidder either by issue of Letter of Award or entering
into of the agreement.

ii. and if the bidder has already been issued the Letter of Award or has entered into the agreement,
as the case may be, the same shall, notwithstanding anything to the contrary contained therein or
in this bid document, be banned for further business dealings with the employer for a period of two
(02) years, by a communication in writing by the employer to the bidder, without the employer
being liable in any manner whatsoever to the bidder or the bidder, as the case may be. Further the
contract of the bidder may be terminated and the decision of the employer in this regard shall be
final and binding on the bidder. In case the contract is terminated, employer shall forfeit and
appropriate the performance security (to be treated as mutually agreed pre-estimated
compensation and damages payable to the employer for, inter alia, time cost and efforts of the
employer), without prejudice to any other right or remedy that may be available to the employer.

1.4 Eligible bidders


1.4.1 A bidder must be registered as a company/ LLP firm / Partnership firm/ Proprietorship firm/
Society/ Trust; or government owned enterprise subject to ITB 1.4.4. All bidders shall fill in the
technical formats as provided in Volume- IV of the RFP document.
a) In case of single entity (An entity that cannot be further differentiated into units with their
own legal identities):
i. Submit power of attorney (As per Form 7) authorizing the signatory of the bid to commit the bidder.

b) Joint-Venture (JV) / Consortium up-to two entities is allowed


i. In the case of a JV, all members of the JV shall sign the contract and shall be jointly
and severally liable for the entire assignment. Lead member shall be associated till the
completion of the assignment
ii. For qualification and evaluation purpose Technical Qualification of each JV member can
be clubbed together and Financial Turnover of each JV member shall be individually
and separately met
iii. In the case of Joint-Venture (JV), each partner should meet at least 25% (and the lead
partner at least 50%) out of experience and financial turnover
iv. The work experience of all the members of the JV/ Consortium will be considered.
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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

v. If any ‘Member’ of the JV/ Consortium wants to present the work experience of its’
Parent Company, it will be permitted only if the ‘Member’ firm is a wholly owned
subsidiary of the Parent Company.
vi. Other than (ii) above, the work experience of any company will be considered only if the
company is a Member of the JV/ Consortium.

1.4.2 A bidder or any of its constituents shall not have a conflict of interest. All bidders found to have a
conflict of interest shall be disqualified. A bidder may be considered to be in a conflict of interest
with one or more parties in the bidding process if any of, including but not limited to, the following
apply:
a) they have controlling shareholders in common; or
b) they receive or have received any direct or indirect subsidy from any of them; or
c) they have the same legal representative for purposes of this bid; or
d) they have a relationship with each other, directly or through common third parties, that puts
them in a position to have access to material information about or improperly influence the
bid of another Bidder, or influence the decisions of the employer regarding this bidding
process; or
e) a bidder participates in more than one bid in this bidding process, either individually or as a
partner in a joint venture. A bidder who participates in more than one bid will cause all of the
proposals in which the bidder has participated to be disqualified. No bidder can be a sub-
contractor while submitting a bid individually or as a partner of a joint venture in the same
bidding process. However, subject to any finding of a conflict of interest in terms of ITB 1.4.3
(a) (d) above a bidder, if acting in the capacity of subcontractor in any bid, may participate in
more than one bid, but only in that capacity.
f) a bidder or any of its constituents, associates, parent company, or any affiliated entity,
participated as a consultant in the preparation of the design or technical specifications of the
works that are the subject of the bid; or
g) Conflict among consulting assignments: neither bidder (including their personnel and sub-
consultants), nor any affiliates that directly or indirectly controls, is controlled by, or is under
common control with that firm, shall be hired for any assignment that, by its nature, may be
in conflict with another assignment of the bidder.
h) Relationship with employer’s Staff: bidder (including their experts and other personnel, and
sub-consultants) that have a close business or family relationship with a professional staff of
the employer (or of the project implementing agency) who are directly or indirectly involved
in any part of:
i. the preparation of the scope of work/terms of reference,

ii. the selection process for the contract, or

iii. the supervision of such contract may not be awarded the contract, unless the conflict stemming
from this relationship has been resolved in a manner acceptable to the employer throughout the
selection process and the execution of the contract.

1.4.3 The bidder shall be disqualified if:


a) The bidder or any of its constituents and/or sub-contractor /subconsultant included in the bid
have been blacklisted/banned for business applicable over all departments with the banning
being valid as on the last date of submission of bids, except in cases where such

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blacklisting/banning has been withdrawn by competent authority or has ceased on the


deadline for submission of the bids, for which satisfactory evidence is to be produced.
b) Any previous contract of the bidder or of any of its constituents had been terminated for
consultant’s failure by at any time starting from 02 years before the deadline for submission
of bids. Provided, however, there is no stay order or declaration by any court against such
termination of the contract or such termination of the contract has not been revoked.
c) The bidder or any of its constituents has suffered bankruptcy/insolvency or it is in the
process of winding-up or there is a case of insolvency pending before any court on the
deadline of submission of bids or thereafter till finalization of bids.
d) The bidder is found ineligible by the employer, in accordance with ITB-1.4.

e) The bidder or its constituent(s) has been declared to be a poor performer and the period of
poor performance is still in force on the deadline for submission of bids.
1.4.4 Government-owned enterprises in the employer’s country shall be eligible only if they can establish
that they
a. are legally and financially autonomous,
b. operate under commercial law, and
c. are not a dependent agency of the .
1.4.5 The bidder shall not be under suspension from bidding by the employer as the result of the
execution of a bid.
1.4.6 Bidders shall immediately inform the employer, in case bidder ceased to fulfill eligibility or
employer requests to provide evidence for their continued eligibility in terms of ITB 1.4

B. Contents of Bidding Document


1.5 Sections of Bidding Document
1.5.1 The bidding document consists of volumes I, II, III, IV, V, VI, VII and VIII which include all the
sections indicated below and should be read in conjunction with any addendum/corrigendum
issued in accordance with ITB 1.7.

S. No. Particulars Volume No


1 Notice Inviting Tender (NIT)
2 Information for Bidders (IFB) I
3 Introduction
4 Instructions to Bidders II
5 Evaluation and qualification criteria III
6 Formats for Technical Proposal IV
7 Scope of work V

8 General Conditions of Contract


VI
9 Special Conditions of Contract

10 Contract agreement VII

11 Securities and Other Forms VIII

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11 Financial Bid & Bill of Quantities (BOQ’s) IX

1.5.2 The ITB issued by the employer is a part of the bidding document
1.5.3 The employer is not responsible for the completeness of the bidding document and their addendum
/ corrigendum, if they were not obtained directly from the source stated by the employer in the
IFB. The complete bid document can be viewed / downloaded by the bidder from Uttar Pradesh e-
procurement portal of NIC [Link] as mentioned in critical date in the NIT.
1.5.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding
document. Failure to furnish all information or documentation required by the bidding document
may result in the rejection of the bid.

1.6 Clarification of RFP document, Pre-Bid meeting


1.6.1 A bidder requiring any clarification on the document shall contact the employer through
authorized e-mail id of employer or raise their bidding inquiries during the pre-bid meeting if
provided for in accordance with ITB 1.6.2. The deadline for seeking clarification by the bidder shall
not be later than 14 days (up to 17:00 Hrs. IST) prior to the deadline for submission of bids.
The employer will respond to any request for clarification at least 07 days prior to the deadline for
submission of bids through e-procurement portal or through authorized e-mail id of employer.
The employer may, if necessary, amend the bidding document as a result of a request for
clarification, then it shall do so following the procedure under ITB 1.7
1.6.2 Pre-Bid Meeting
a) The prospective bidder’s designated representative is invited to attend a pre-bid meeting
which will be conducted through physical mode, as per the schedule given in NIT.
b) The bidder’s designated representative is invited to attend a pre-bid meeting, The purpose of
the meeting will be to clarify issues pertaining to the bid.
c) The bidder is requested to send questions on authorized e-mail id of employer not later than
the date and time as mentioned in ITB 1.6.1
d) The response of the questions raised, (including questions raised during the meeting in
writing) without identifying the source, and the responses given, together with any responses
prepared after the meeting will be uploaded on e-Procurement portal,
[Link] Any modification to the bidding document that may in
the sole discretion of the employer become necessary as a result of the pre-bid meeting shall
be made by the employer exclusively through the use of an addendum/corrigendum pursuant
to ITB 1.7

1.7 Amendment of bidding document


1.7.1 At any time prior to the deadline for submission of bids, the employer may amend the bidding
document by issuing addendum/corrigendum.
1.7.2 The corrigendum thus issued shall be part of the bidding documents and shall be uploaded on
[Link]
The onus is on the bidders to visit the e-procurement portal to see the addendum/corrigendum
published by the employer.
1.7.3 To give prospective bidders reasonable time in which to take an addendum/corrigendum into
account in preparing their bids, the employer may, at its discretion, extend the deadline for the
submission of bids, pursuant to ITB 1.21.1

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C. Preparation of bids:
1.8 Cost of bidding
1.8.1 The bidder shall bear all costs associated with the preparation and submission of its bid, and the
employer shall in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.

1.9 Language of bid


1.9.1 The bid, as well as all correspondence and documents relating to the bid exchanged by the bidder
and the employer, shall be written in English language.

1.10 Documents comprising in the bid.


1.10.1 The bidder shall submit their bid on-line on E-procurement portal [Link] as
mentioned in para ITB 1.19
The bid shall comprise two parts submitted simultaneously, one called the technical bid containing
the documents listed in ITB 1.10.2 and the other the price bid containing the documents listed in
ITB 1.10.3
1.10.2 The technical bid (cover 1) shall comprise the following.
a) Letter of technical bid.
b) Technical proposal in accordance with ITB 1.14.
c) Documentary evidence in accordance with ITB 1.15, establishing the bidder’s qualifications
to perform the contract.
Bidders shall upload the details of the bid security payment online on the e-bidding portal
[Link] along with Bid submission.
The bid shall be considered as non-responsive in case of non-submission of scanned copy of
bid security payment in the e-bidding portal along with submission of bid. The bidder shall also
be considered as non-responsive in case original bid security which was uploaded with the bid
on e-bidding portal, is not submitted to LDA, Lucknow before the date and time specified in
the bidding document.
d) Written confirmation authorizing the signatory of the bid to commit the bidder, in accordance
with ITB 1.18.2.
e) Details of MSEs in accordance with ITB 1.33
f) Duly filled bidding forms along with relevant document as mentioned in Volume 4: formats for
technical proposal
1.10.3 The “financial bid” (cover 2) to be submitted in online only inclusive of all taxes etc. and excluding
GST amount)

1.11 Letters of bid and schedules


1.11.1 The letters of technical bid and price bid, and the schedules, shall be prepared using the relevant
forms furnished in volume 4: formats for technical proposal. The forms must be completed
without any alterations to the text, and no substitutes shall be accepted. bid, if found with
modification, alteration, or substitution it may be considered as non-responsive, and employer
reserves the right to reject the bid. All blank spaces shall be filled with the information
requested.

1.12 Bid price.

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1.12.1 The bidder shall quote a lumpsum price for the work as mentioned in the bill of quantity. In case
the bidder fails to quote the lumpsum amount in the price bid for lumpsum schedules, in such case
the offer of the bidder shall be considered nonresponsive, and it shall be summarily rejected.
1.12.2 GST shall be paid as applicable in accordance with the prevailing rules of Government of India on
submission of GST invoices as per the prevailing government rules. Goods and service tax [GST]
will be paid extra as applicable on the submission of GST invoices for first Interim payment
certificate. The subsequent interim payment certificate shall be processed for payment upon
submission of documentary evidence in the form of challans/GSTR Form-1 as the case maybe
towards payment of GST collected on the previous interim payment certificates to the GST
authorities. However, if subsequent bills are raised before the return submission date of previous
bill period, the documentary evidence towards payment of GST shall be provided within 7 days
from the date of such return filling. The final payment certificate/single payment certificate,
payment shall be released on the undertaking by the consultant/supplier for providing evidence
within 07 days from the due date of such return filing for final bill based on GST provision for due
dates.

1.13 Currencies of bid and payment


1.13.1 The currency of bid and payment shall be quoted by the bidder entirely in Indian rupees only. All
payments shall be made in Indian rupees.
1.13.2 Payment shall be made electronically in the account of the bidder as per the details provided by
the bidder.
All payments, will be subject to deduction of tax at source in accordance with the provisions of the
Indian Income Tax Act, Indian Goods & Services Tax laws, and any other applicable laws, including
any withholding taxes (as per applicable provisions/lower tax deduction certificate issued by tax
authorities) etc. Building & Others Construction Workers (BOCW) Cess shall be applicable on
contract price (excluding GST). The bidder / individual partners of JV shall take necessary
clearance/exemption and registration certificate for Income Tax/GST/Other Taxes, as applicable.

1.14 Documents comprising the technical proposal


1.14.1 The bidder shall furnish a technical proposal including a statement of work methods, personnel,
schedule, and any other information as stipulated in Volume 4: formats for technical proposal, in
sufficient detail to demonstrate the adequacy of the bidders’ proposal to meet the work
requirements and the completion time.

1.15 Documents establishing the qualification of the bidder


1.15.1 To establish its qualifications to perform the contract in accordance with volume 3 (evaluation
and qualification criteria) the bidder shall provide the information requested in the corresponding
information sheets included in Volume 4: formats for technical proposal
1.16 Bid Validity
1.16.1 Bids shall remain valid for 180 days after the bid submission deadline date prescribed by the
employer.
In the case of bid validity is of shorter period than the employer has the right to reject the bid as
non-responsive.
1.16.2 If a performance security is requested in accordance with ITB 1.17, it shall also be extended up to
the date mentioned in the letter of request for extension. A bidder may refuse the request without
forfeiting its bid security. A bidder granting the request shall not be required or permitted to
modify its bid.

1.17 EMD/Bid security


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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

1.17.1 The Bidder shall furnish as part of its bid, an EMD in stipulated form with requisite validity and for
the said amount of currency as specified in NIT document
a) Each proposal should be accompanied by an EMD/bid security amount of INR 10,00,000/-
(Rupees Ten Lakh Only). This amount is to be deposited online through
[Link] Applicants whose EMD/bid security is not received by the
employer before the last date of submission, their proposals will be rejected.
Step-by-step manual for online payment of bid processing fee & EMD is as follows.
a. Go to [Link]
b. Fill the details in the form and select the payment type - Tender fee/EMD/Security
deposit with other details.
c. Post validating, click on “proceed” button.
d. Bidders will get the options to pay through Credit card/ Debit card/ Net banking &
NEFT/ RTGS challan mode.
e. For NEFT/ RTGS challan mode: After generating the challan, bidder needs to initiate
NEFT/ RTGS through their bank as per the beneficiary details provided in the challan.
f. The bidder can check the status of the payment.
b) Bidders are required to upload the duly signed scanned copy of the EMD/bid security payment
in the NIC UP Government e-procurement portal i.e. [Link] of
with the offer on e-procurement portal.
c) The bid shall be considered as non-responsive in case of non-submission of scanned copy of
bid security in the e-bidding portal along with submission of bid.
1.17.2 LDA will not be liable to pay any interest on EMD/bid security deposits. EMD/Bid security of
unsuccessful Applicants shall be returned, without any interest, after issuing LOA to the
selected applicant or when the selection process is cancelled by client. The selected
applicant’s bid security shall be returned, without any interest upon the applicant signing the
contract and furnishing the performance security in accordance with the provision of the RFP
and contract. However, EMD/bid security of those bidders who have not been technically
qualified shall be returned after opening of price bid.
1.17.3 The EMD/bid security shall be forfeited:
a) If a bidder withdraws its bid during the period of bid validity specified by the bidder on the
letter of bids
b) if a bidder misrepresents or omits the facts in order to influence the procurement process.
c) if the successful bidder fails to:
i. sign the contract in accordance with ITB 1.39.

ii. furnish performance security in accordance with ITB 1.38.

iii. accept the correction of its bid price pursuant to ITB 1.32.2, OR

iv. furnish a domestic preference security if so required.

d) if the affidavit submitted by the bidder or its constituents in pursuance to ITB 1.4.3 or any of
the declarations of letter of technical bid submitted by the bidder has been found to be false
at any stage during the process of bid evaluation.
e) Further the employer may advise the authority responsible for issuing the exemption
certificate to take suitable actions against the bidder such as cancellation of the enlistment
certificate etc.
1.17.4 In case the Performance security is submitted in the form of bank guarantee the same shall be
verified by the Employer from the issuing bank for its genuineness.
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1.18 Format and signing of proposal


1.18.1 The technical bid (comprising of documents specified in ITB 1.10.2) and price bid (comprising of
documents specified in ITB 1.10.3) shall be submitted online on e-procurement portal of NIC
[Link] only in accordance with the requirements of the bid documents.
1.18.2 Bid documents which are to be submitted as scanned documents shall be printed or written in
indelible ink (in the case of copies, legible photocopies are also acceptable) and all the pages shall
be signed by person or persons duly authorized to sign on behalf of the bidder before scanning
and uploading in PDF. Bid documents may be scanned with 100 dpi with a black and white option
which helps in reducing the size of the scanned document. Bidders are advised to ensure clarity
and visibility of the contents of scanned documents before uploading the same. All pages of the
bid, where entries or amendments have been made, shall be initialed by the person or persons
signing the bid.
The written confirmation of authorization to sign on behalf of the bidder shall consist of:
a) In case of Private/Public companies, a power of attorney (POA) from the legal representative
of the company who has been authorized by the board resolution, constitution of the legal
entity, articles of incorporation or other valid legal instruments acceptable to the employer.
A copy of the board resolution shall also be submitted, where applicable.
b) In the case of proprietorship bidders, power of attorney by the proprietors.
c) In case of Limited Liability partnership (LLP), a POA from the legal representative of the
company who has been authorized by the Board Resolution, constitution of the legal entity,
articles of incorporation or other valid legal instruments acceptable to the employer. A copy
of the board resolution shall also be submitted, where applicable.
1.18.3 Bidders shall follow the method of submission as mentioned in instructions to bidders and for
online submission of bids. Submission of bids.
D. Submission and opening of bids
1.19 Submission of Bids
1.19.1 The Bidder shall submit financial bids for any number of clusters of their choice from the
remaining four clusters (i.e. cluster 3,4,5, & 6) out of a total six clusters, excluding Cluster 1
and Cluster 2 which have already been awarded. The clusters are listed in the BOQ provided in
Volume V – Scope of Work, Schedule 1. Bidders must quote rates for each selected cluster
separately in the Financial BOQ attached to the financial bid form. The evaluation and award of
bids shall be carried out cluster-wise in accordance with the provisions of Volume III – Evaluation
and Qualification Criteria (Clauses 2, 3, and 4). However, the final award of work shall be based on
the overall composite score as specified in Clause 4.2.
1.19.2 Bidders shall upload their bid submission online on e-procurement portal [Link]
within the stipulated date and time as mentioned in ITB 1.20.1. The Bidder shall ensure that they
retain a copy of the receipt/acknowledgement of their Bid submission which is generated by the
system upon successful submission of Bid online.
1.19.3 Bids sent through any other means of transmission except as mentioned above shall be treated as
invalid and shall stand rejected.
1.19.4 No details about price bid shall be submitted / disclosed directly or indirectly in the technical bid
and in such case, the Bid shall be rejected.
1.19.5 Bidders are required to upload the payment confirmation of Bid Security (EMD) in the E-
Procurement portal of NIC ([Link] along with technical bid on e-
procurement portal.
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The bid shall be considered as non-responsive in case of non-submission of scanned copy payment
confirmation of Bid Security in the e-bidding Portal. are required to upload the duly signed scanned
copy of the bid security in the E-procurement portal of NIC ([Link]
with the offer on e-procurement portal.

1.20 Deadline for submission of the proposals


1.20.1 The bids shall be received on or before the scheduled date of submission as notified in NIT.
The LDA may extend the deadline for submission of proposals by issuing a corrigendum in
accordance with ITB 1.8, in which case all rights and obligations of the authority and the bidders
previously subject to the original deadline will then be subject to the new deadline.

1.21 Late Proposals


1.21.1 Submission of Bids shall be closed on e-procurement portal at the date & time of submission as
prescribed in NIT after which no bid can be uploaded. Any bid received (complete or in parts) after
deadline of bid submission by any other means shall not be considered and bids or any other
document associated with the Bid submitted on e-procurement portal before deadline of Bid
submission shall only be evaluated.

1.22 Withdrawal, substitution, and modification of bids


1.22.1 The Bidder may modify, substitute, or withdraw its Bid after submission prior to the Bid Submission
Deadline. No bid shall be modified, substituted, or withdrawn by the Bidder on or after the Bid
Submission Deadline and Time. For modification of Bid, bidder has to detach its old Bid from e-
procurement portal ([Link]) and upload / resubmit modified bid. For withdrawal
of bid, bidder has to click on withdrawal icon at e-procurement portal and can withdraw its Bid.
Before withdrawal of a bid, it may specifically be noted that after withdrawal of a bid for any
reason, the bidder cannot re-submit Bid again.
1.22.2 Any documents submitted by the bidder who withdraws the bid in accordance with ITB 1.22.1 shall
not be opened.
1.22.3 No Bid may be withdrawn, substituted, or modified in the interval between the deadline for
submission of Bids and the expiration of the period of bid validity specified by the Bidder on the
Letters of Technical Bid and Price Bid or any extension thereof.

1.23 Bid Opening


1.23.1 The Employer shall conduct the electronic opening of Technical Bids (Cover 1) on e-procurement
portal as per the schedule date and time given in NIT. The opening of the Technical Bids and
subsequent details can be viewed by the bidders by logging on to the e-procurement portal.
1.23.2 The Price Bid (Cover 2) submitted online on e-procurement portal will remain unopened in the e-
procurement portal until the date and time of opening of Price Bid. The date and time of the
opening of the Price Bid will be notified to all the bidders on e-procurement portal whose bid is
found to be substantially responsive and technically qualified.
1.23.3 The Technical Bids shall be opened one at a time, and the following shall be recorded:
a) the name of the Bidder.
b) the presence of a scanned copy of payment information of Bid Security and
c) any other details as the Employer may consider appropriate.

Only e-procurement Bids recorded at bid opening shall be considered for evaluation. No Bid shall
be rejected at the opening of Technical Bids

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1.23.4 After the evaluation of technical bids, the Employer shall conduct the electronic opening of Price
Bids of the bidders who have submitted substantially responsive Technical Bids and are qualified
on the basis of evaluation of the Technical Bids. The date and time of the opening of Price Bids will
be published through e procurement portal.
1.23.5 The Employer will also publish on the e-procurement portal the names of bidders whose bid have
not been found substantially responsive to the requirements of the Bidding Document as a result
of evaluation of Technical Bid. The Price bids of such technically non-responsive bidders shall not
be opened.
1.23.6 The Employer shall conduct the electronic opening of Price Bids on the e-procurement portal. The
opening of the Price Bids and subsequent details can be viewed by the bidders by logging on to the
e-procurement portal.
1.23.7 On the Opening of the Price Bids, Summary of Price Bid opening and amount quoted by the bidders
shall be informed through e-mail to all the Bidders who are found technically qualified.
E. Evaluation and Comparison of Bids
1.24 Process to be confidential.
1.24.1 Information relating to the examination, evaluation, and post qualification of Bids and
recommendation of contract award, shall not be disclosed to Bidders or any other persons not
officially concerned with such process.
1.24.2 Any attempt by a Bidder to influence the Employer in the evaluation of the Bids or Contract award
decisions may result in the rejection of its Bid.
1.24.3 Notwithstanding ITB 1.24.2, from the time of bid opening to the time of Contract award, if any
Bidder wishes to contact the Employer on any matter related to the bidding process, it may do so
in writing.

1.25 Clarification of Financial bid


1.25.1 To assist in the examination, evaluation and comparison of the Bids, the Employer may, at his
discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that
is not in response to a request by the Employer shall not be considered. The Employer’s request
for clarification and the response shall be in writing and delivered to concerned bidders through
an e-procurement portal or through e-mail id mentioned in the Bid Document. The due date and
time to respond to these queries will also be communicated. No change in the prices or substance
of the Bid shall be sought, offered, or permitted, except to confirm the correction of errors
discovered by the Employer in the evaluation of the Price Bids, in accordance with ITB 1.12.2 and
ITB 1.32.1
1.25.2 The bidder shall respond to the queries on e-procurement portal or on the email id mentioned in
the Bidding Document. If a Bidder does not provide clarifications of its bid by the date and time set
in the Employer’s requests for clarification, their bid shall be evaluated as per the available
information in the submitted bid and bid may be rejected.

1.26 Deviations, Reservations and Omissions


1.26.1 During the evaluation of Bids, the following definitions apply:
a) “Deviation” is a departure from the requirements specified in the Bidding Document.
b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance
of the requirements specified in the Bidding Document; and
c) “Omission” is the failure to submit part, or all of the information or documentation required
in the Bidding Document.

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1.27 Examination of Technical Bids


1.27.1 The Employer shall examine the Technical Bid to confirm that all documents and technical
documentation requested in ITB 1.11.2 have been provided, and to determine the completeness
of each document submitted.
1.27.2 The Employer shall confirm that the following documents and information have been provided
in the Technical Bid. If any of these documents or information is missing, the offer may be
rejected.
a) Letter of Technical Bid.
b) written confirmation of authorization to commit the Bidder.
c) Bid Security
d) Technical Proposal in accordance with ITB 1.10 and ITB 1.14

1.28 Responsiveness of Technical Bid


1.28.1 The Employer’s determination of a Bid’s responsiveness is to be based on the contents of the bid
itself, as defined in ITB 1.10.
1.28.2 A substantially responsive Technical Bid is one that meets the requirements of the Bidding
Document without material deviation, reservation, or omission. A material deviation, reservation,
or omission is one that,
a) if accepted, would.
i. affect in any substantial way the scope, quality, or performance of the Works specified in the
Contract; or

ii. limit in any substantial way, inconsistent with the Bidding Document, the Employer’s rights, or the
Bidder’s obligations under the proposed Contract; or

b) if rectified, would unfairly affect the competitive position of other Bidders presenting
substantially responsive Bids.
1.28.3 The Employer shall examine the technical aspects of the Bid submitted in accordance with ITB
1.14, Technical Proposal, in particular, to confirm that all requirements of Volume 5 (Scope of
work) have been met without any material deviation, reservation, or omission.
1.28.4 If a Bid is not substantially responsive to the requirements of the Bidding Document, it shall be
rejected by the Employer and shall not subsequently be made responsive by correction of the
material deviation, reservation, or omission.

1.29 Non-material Nonconformities


1.29.1 Provided that a Bid is substantially responsive, the Employer may waive any nonconformities in
the Bid that do not constitute a material deviation, reservation, or omission.
1.29.2 Provided that a Technical Bid is substantially responsive, the Employer may request that the Bidder
submit the necessary information or documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Technical Bid related to documentation requirements.
Requesting information or documentation on such nonconformities shall not be related to any
aspect of the Price Bid. Failure of the Bidder to comply with the request may result in the rejection
of its Bid.
1.29.3 Provided that a Technical Bid is substantially responsive, the Employer shall rectify quantifiable
nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted,
for comparison purposes only, to reflect the price of a missing or non-conforming item or
component.
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The cost of all quantifiable nonmaterial nonconformities shall be evaluated by Employer and will
make its own assessment of the cost of any nonmaterial nonconformities and omissions for the
purpose of comparison of Bids and shall be advised to technically qualified and substantially
responsive Bidders before opening of Price Bid.

1.30 Qualification of the Bidder


1.30.1 The Employer shall satisfactorily determine during the evaluation of Technical Bids whether
Bidders meet the qualifying criteria specified in Volume 3 (Evaluation and Qualification Criteria).
The Documentation/Information produced/Furnished by the Bidder shall be subject to verification
by the Employer at any stage during the Bidding Process or during the Contract Execution. In case
of the incorrect certification/information furnished by Bidder, being noticed during such
verification, the Employer reserves the Right to disqualify or take suitable action.
However, the consultant shall not be absolved of the responsibility of submitting the genuine
documents and will remain responsible for all the documents submitted even if the Employer
does not verify the Documents.
1.30.2 The credentials of Bidder’s subsidiaries, SPVs, parent entities, affiliates, Subcontractors,
Associates, Sister Companies shall not be considered for qualification of the Bidder unless they
are part of Bidding entity.
1.30.3 An affirmative determination shall be a prerequisite for the opening and evaluation of a Bidder’s
Price Bid.
A negative determination shall result in the disqualification of the Bid, in which event the Employer
shall not open Price Bids of such Bidders.
1.30.4 The Employer reserves the right to reject the bid of the bidder found to be bankrupt or insolvent,
goes into liquidation, has a receiving or administrative order made against him, compounds with
his creditors, or carries on business under a receiver, trustee or manager for the benefit of his
creditors, or if any act is done or event occurs which (under applicable Laws) has a similar effect
to any of these acts or events.

1.31 Subcontractors
1.31.1 The Employer does not intend for the contractor to execute any specific elements of the Works
through nominated subcontractors.

1.32 Correction of Arithmetical Errors


1.32.1 During the evaluation of Price Bids, the Employer shall correct arithmetical errors on the following
basis:
a) If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall be
corrected, unless in the opinion of the Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as quoted shall govern and the
unit price shall be corrected.
b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail, and the total shall be corrected.
c) If there is a discrepancy between the bid price in the Summary of Bill of Quantities and the bid
amount in item (c) of the Letter of Price Bid, the bid price in the Summary of Bill of Quantities
will prevail and the bid amount in item (c) of the Letter of Price Bid will be corrected.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

d) If there is a discrepancy between words and figures, the amount in words shall prevail, unless
the amount expressed in words is related to an arithmetic error, in which case the amount in
figures shall prevail subject to (a), (b) and (c) above.
1.32.2 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors
mentioned in ITB 1.12.2 and ITB 1.32.1, its Bid shall be disqualified, and its bid Security may be
forfeited.

1.33 Evaluation and Comparison of Financial Proposals


1.33.1 The Employer shall use the criteria and methodologies listed in this Clause. No other evaluation
criteria or methodologies shall be permitted.
1.33.2 To evaluate the Price Bid, the Employer shall consider the following:
a. price adjustment for correction of arithmetic errors in accordance with ITB 1.32.1.
b. adjustment for nonmaterial nonconformities in accordance with ITB 1.29.3 and
c. application of all the evaluation factors indicated in Volume 3 (Evaluation and Qualification
Criteria).
1.33.3 The Employer may seek Clarification/Justification, detailed Price rate analysis and break down
unit cost from the bidders, for Comparison and evaluation of financial bids with Internal
Benchmarks for award of work to Lowest evaluated bidder in accordance with ITB 1.34.2
1.33.4 The Employer may seek Clarification/Justification and detailed Price Rate Analysis towards
Abnormally Low/High Rate quoted by the Bidder for evaluation of Financial Bid
1.33.5 In case, the Bidder has quoted the rate “Nil charges/consideration” in the financial Bid, the Bid
shall be treated as unresponsive and will not be considered.
1.33.6 The Employer shall reserve the right to reject the proposals of Abnormally Low Rate/High Rate
quoted by any or all Bidders, in case, the Bidder has not submitted proper Justification and detailed
Price Rate analysis with pertinent supporting documents.
1.33.7 The LDA shall reserve the right to call for Negotiations of Lowest Evaluated Bidder for reduction
of Price, if any.
1.33.8 Highest Composite Score
In case of more than one bidder having same highest composite score then the bidder who has
highest technical score (St) shall be considered for award of work
Further, in case technical score are also same then the bidder having higher Average Annual
Turnover from Consultancy Services as per clause 1.2 Financial Criteria of Volume 3 (Evaluation
and Qualification Criteria) shall be considered for the award of the work.

1.34 Employer’s Right to Accept Any Bid, and to Reject Any or All bids.
1.34.1 The Employer reserves the right to accept or reject any Bid, and to annul the bidding process and
reject all Bids at any time prior to contract award, without assigning any reason and without
incurring any liability to Bidders.

1.35 Notification of Intention for Award of Contract


1.35.1 Standstill provisions are not applicable.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

F. Award of Contract
1.36 Award Criteria
1.36.1
i. Negotiations with the bidders being considered for the award of work. The bidders found
successful in accordance with the clause 1.19.1 and Volume 3 (Evaluation and Qualification
Criteria), shall be invited for negotiations. The negotiations shall generally be for re-
confirming the obligations of the bidder under this bidding document and to discuss issues
such as availability and deployment of Key Expert(s), methodology proposed to be adopted,
work plan etc. However, if considered necessary, negotiations for reducing the price may also
be resorted to.
ii. If any of the Key Expert(s) of the successful bidder, other than the Team Leader, scores less
than 60% of the maximum marks allotted to its category, then the concerned Key Expert will
have to be replaced with a Key Expert(s), during negotiations, with Key Expert(s) whose score
will be minimum 60% or more in accordance with the stipulated qualification and evaluation
criteria for its category(s). The Employer shall intimate the concerned bidder for the
replacement of rejected Key Expert(s) at the time of inviting the bidder for negotiations and
the Key Expert(s) who is/are rejected shall have to be replaced by the bidder within 15 days
of issue of such communication from the Employer with another Key Expert(s) whose score
will be at least 60% or more in accordance with the stipulated qualification and evaluation
criteria for its category(s).
iii. In case the bidder fails to reconfirm its commitment and/or fails to replace the Key Expert(s)
as indicated in clause (i) and (ii) above, its bid shall be disqualified and next eligible bidder in
the ranking shall be invited for negotiations.
iv. The Employer shall award the Contract to the Bidder whose bid is substantially responsive to
the Bidding Document, provided further that the Bidder is determined to be qualified to
perform the Contract satisfactorily and whose offer has been determined to be the eligible
offer in accordance with the criteria stipulated in Volume 3 (Evaluation and Qualification
Criteria).
v. The Employer has the right to review at any time prior to award of contract that the
qualification criteria as specified in Volume 3 (Evaluation and Qualification Criteria) are still
being met by the Bidder whose offer is under consideration for the award of work. A Bid shall
be rejected if the qualification criteria as specified in Volume 3 (Evaluation and Qualification
Criteria) are no longer met by the Bidder whose offer is under consideration for the award of
work. In this event the Employer shall proceed to the next eligible bidder in the ranking to
make a similar reassessment of that Bidder’s capabilities to perform satisfactorily.

1.37 Notification of Award


1.37.1 The Bidder whose Bid has been accepted will be notified of the award by the LDA prior to expiration
of the EMD/Bid validity period by letter. This letter (hereinafter and in the Conditions of Contract
called the “LOA (Letter of Acceptance”)) will state the sum that the LDA will pay the consultant in
consideration of Request for proposal (RFP). Works by the Bidder as prescribed by the contract
(hereinafter and in the contract called the “Contract Price”).
1.37.2 The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with the provisions of ITB 1.40 of ITB
1.37.3 The Agreement will incorporate all agreements clauses between the LDA and the successful
Bidder. This agreement will be signed only after furnishing of the performance security by the

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

successful bidder but within 30 days of issue of LOA. The LDA will promptly communicate to the
other bidders that their Bids have been unsuccessful.

1.38 Performance Security


1.38.1 Within 30 days of the receipt of notification of award from the Employer, the successful Bidder
shall furnish the performance security in accordance with the conditions of contract, subject to
ITB 1.35, using for that purpose the Performance Security Form included in Volume VIII (Securities
and other Forms), or another form acceptable to the Employer. Performance security will be 5%
of the contract price.
The commencement/effective date shall be date of issue of Letter of Award (LOA), or the date
stipulated in LOA whichever is later.
1.38.2 Failure of the successful Bidder to submit the above-mentioned Performance Security shall
constitute sufficient grounds for the annulment of the award and forfeiture of the Bid-Security or
after submission of performance security, failure of signing of Contract shall also constitute
sufficient grounds for the annulment of the award and forfeiture of Performance Security.
In case re-bidding is resorted to, such Bidder(s) shall not be permitted to participate in the re-
bidding process.
1.39 Signing of Contract
1.39.1 Promptly after notification of award, the Employer shall share the copy of Contract Agreement to
successful Bidder for review.
The Contract Agreement shall be signed within 30 days after the date of issue of the Letter of
Award and after submission of Performance Security
1.39.2 The Contract Agreement will be executed within 30 days of sharing of Contract Agreement.
However, Performance Security is required to be submitted prior to the execution of the Contract
Agreement.
In case, the successful Bidder considers that they will not be able to sign, date and return the
contract agreement to the employer within the above time limit, the successful Bidder shall inform
possible date to return to the Employer not later than 7 (seven) days prior to the time limit. The
modified time limit shall be subject to agreement by both the contracting parties.

1.40 Bidding Related Complaints


1.40.1 The Bidder may submit its complaint arising out in Bidding process in writing, to:
Title / Position – Chief Town Planner
Department – Lucknow Development Authority, Sector 38A, 2A, Gomti Nagar Ext Bypass Road,
Vipin Khand, Gomti Nagar, Lucknow, Uttar Pradesh
Email ID – ctpmlda@[Link]
1.41 Jurisdiction of Courts
1.41.1 The bidding process shall be governed by and construed in accordance with the laws of India and
the Courts with jurisdiction in Lucknow shall have exclusive jurisdiction over all the disputes/issues
arising under, pursuant to and/ or in connection with the bidding process

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VOLUME – III

EVALUATION AND QUALIFICATION CRITERIA


RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

1 Eligibility and qualification criteria


Each eligible consultant should possess all the following pre-qualification criteria. Responses not
meeting the minimum pre-qualification criteria will be rejected and will not be further evaluated.

1.1 Technical Eligibility

Sl. No. Pre-qualification Criteria Supporting Compliance document


i. Certification/ registration as a
Company/ LLP firm / Partnership
firm/ Proprietorship firm/ Society/
Trust.
Bidder should be registered and operational
ii. Registration under Income Tax Act.
1 in India in since last 10 years from the date
iii. Registration under GST.
of bid submission
iv. Copy of PAN Card
v. Copy of Letter of Award (LOA)/ Work
order issued by the Client/
Competent Authority;
The bidder must have completed at least
02 (Two) Contracts in Similar Work i.e.,
“Comprehensive Consultancy for Regional
Plan / Masterplan / Development Plan /
Local Area Plan / Town Planning
Scheme/Transit oriented development
(TOD) Plan, Zonal Development Plan with
i. Copy of Letter of Award (LOA)/
minimum project area of 1000 ha.” During
Work order issued by the Client/
last 10 (Ten) years ending last day of the
2 Competent Authority.
month before the month of bid submission
ii. Copy of Completion certificate from
deadline.
the Client /Competent Authority
Note:
Comprehensive Consultancy in the context
of "Similar work” shall include Master
Planning, Urban planning, Urban Design,
Transport Planning, and Infrastructure
Planning components in the scope of work.
Proposal as Consortium/JV

Consultant may associate with other firms


Joint-Venture (JV) / Consortium up-to
3 in form of a Consortium/JV, to enhance
two entities is allowed
their qualification. Such a Joint
Consortium/JV shall be allowed for a
maximum of three firms

1.2 Financial Criteria


Minimum average annual turnover from consultancy services of INR 25 Cr. calculated as total
certified payments received for contracts in progress or completed, within the last 05 (Five)
financial years or from the date of incorporation from the last date of Bid submission deadline.

1.2.1 Consultancy Experience in Key Activities

1. Only the value of contract as executed by the bidder in his own name should be indicated and shall
be considered. Where a work is undertaken by a group (Joint Venture), only that portion of the work

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

which is undertaken by the concerned bidder shall be considered and the remaining done by the
other partners of the group shall be excluded. This is to be substantiated by a certificate as per Form
4 Technical Capacity of the Bidder. In case specific division of works undertaken by the group
partners is not stated in the submitted documents, then the percentage participation of the bidder
in the group as stated in the submitted documents (JV/ agreement or Certificate) shall be considered
as the value of the work done by the bidder/partner of JV.

2.
a) For Average Annual Turnover from Consultancy Services, in case the figure is stated in
currency other than INR, the same (currency of each financial year) shall be converted to
INR by adopting the Exchange rate between that Currency and INR as on last day of the
respective financial year.
b) Payment received in other than INR shall be converted in INR by adopting the Exchange rate
between that Currency and INR as prevailing on the completion date mentioned in the
completion certificate and if month of completion is mentioned in the Completion Certificate,
then the exchange rate of last working day of the Month shall be taken. The value of work in
INR or converted into INR as above from the currency other than INR shall be updated by 5%
per annum compounded annually up to the last day of the month previous to the month of
bid submission deadline.
3. Only work executed as main consultant to the employer shall be considered/evaluated. Works
executed as sub-consultant to a main consultant shall not be considered.
4. The bidder shall have sufficient staff of skilled professionals i.e., Team Leader (Project Manager and
Senior Urban Planner), Urban Planner, Urban Designer, Transport Planner, Infrastructure Planner,
Environmental Planner, Regulatory & Institutional Expert, Real Estate Expert, GIS Experts and
Resources, Engineers, Surveyors, and other necessary supporting staff for undertaking the project.
The project team should be comprised of key professionals in adequate number of experts for data
acquisition, processing, field survey, integration etc. as follows:
a) Team Leader (Project Manager and Senior Urban Planner)
b) Urban Planner
c) Urban Designer
d) Transport Planner
e) Infrastructure Planner
f) Environmental Planner
g) Regulatory & Institutional Expert
h) Real Estate Expert
At least 2 consultants should be deployed at LDA office for proper coordination / data collection and
smooth functioning of the project.

2 Evaluation of Technical Bid


2.1 Further evaluation of the technical bid of a bidder shall be done as per the marking / Scoring
system enumerated below: -
The evaluation committee appointed by the Employer shall carry out its technical evaluation
applying the evaluation criteria and point system specified herein. Each responsive bid shall be
attributed a technical score. The Bidder who scored 70% or more marks in total marks of 2.2 (I):
Company competency and Experience, 2.2 (II): Key Expert and 2.2 (III): Approach, Methodology,
Work Plan and Concept Presentation is considered to be technically qualified.

a. For the evaluation of 2.2 (III) (A) –“Approach, Methodology, and Work Plan”, the bidder is
required to submit a document (not more than fifteen Pages) in the technical bid covering
his understanding of the scope of work, the methodology proposed to be adopted by him
for carrying out the work including quality related aspects and a work plan for carrying out

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

the work including quality related aspects, aspects and a work plan for carrying out the
work including quality related aspects, tentative deployment schedule of Key Experts (Form
9 – Technical Proposal)
b. For the evaluation of 2.2 (III) (B) – “Presentation to LDA on understanding scope of work,
approach and methodology to be adopted”, Bidders shall be informed after opening of
technical bid by LDA for presentation and Bidder shall give presentation after about 7 days
from the date of communication (presentation time 30 minutes followed by Q&A session)
for ‘Approach, Methodology, and work Plan’ and ‘Presentation to LDA on understanding
scope of work, approach and methodology to be adopted’ required as per Para 2.2 (III).
c. The Employer shall shortlist bidders on the basis of their technical marks scored in
Technical Evaluation to be eligible for price bid opening and price bid of not qualified
bidders shall not be opened. Further, in case technical marks scored in technical evaluation
are same then the bidder having higher average annual turnover from Consultancy
Services as per Clause 1.2 Financial Criteria above shall be shortlisted for price bid
opening.
d. The Employer shall notify the finally selected bidders indicating the date and time set for
opening of the price bid.

2.2 The Scoring Criteria to be used for Evaluation of Technical Proposal shall be as follows:
I. Marking / Scoring system for Company Competency and Experience

Sl. Components for evaluation Total Documents required


No. Marks
A. About Company Competency
Bidder should be registered and operational in India Memorandum of
since last 10 years from the date of bid submission Association,
deadline. Certificate of
Incorporation /
> 10 years to 15 years – 2.5 marks
1 5.0 Registration
> 15 years to 20 years – 3.75 marks
Firm’s/ Company
> 20 years – 5.0 marks registration
certificate, Form 3
B. Technical Criteria
Bidder should have experience in Comprehensive
Consultancy for Regional Plan / Masterplan /
Development Plan / Zonal Plan / Local Area Plan /
Town Planning Scheme/ Transit oriented
Form 4 along with
development(TOD) Plan, Zonal Development Plan
completion certificates
1 with a minimum site area of 1000 ha during last 10 10.0
and
(Ten) years ending last day of the month before the
Form 6
month of bid submission deadline.
> 1000 Ha to 1250 Ha – 5.0 marks
> 1251 Ha to 1500 Ha – 7.5 marks
> 1501 Ha – 10.0 marks
Bidder should have experience in Similar Work
mentioned in clause 1.1 with minimum site area of
1000 Ha each done for Central Govt. / any State
Form 4 along with
Govt. / PSU / Funding agencies / Autonomous Govt.
completion certificates
2 bodies/ Local Govt. bodies during last 10 (Ten) years 20.0
and
ending last day of the month before the month of bid
Form 6
submission deadline.
> 2 to 4 Nos of projects – 10.0 marks
> 4 Nos of projects – 20.0 marks

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

C. Financial criteria
As mentioned in clause 1.2 financial criteria,
Average Annual Turnover for Consultancy Services
calculated as total certified payments received for
contracts in progress or completed, within the last
Form 5: Financial
1 05 (Five) financial years or from the date of 5.0
Capacity of the bidder
incorporation from the last date of bid submission
deadline.
> 25 crores to 50 crore – 2.5 marks
> 50 crores – 5.0 marks
Sub Total for (I) 40.0

II. Marking / Scoring system for Personnel for Key Experts by the bidder (These are the
number of resources required for EACH cluster)

Additional
marks in case
of more
Marks for qualification /
Minimum
Sr. Key position/ Maximum fulfilment of experience
qualification / experience
No. Expert marks minimum than
requirement
requirement minimum
qualification /
experience
requirement
B. Arch / B. Plan / B. Tech /
M.A. (Geography /
Economics / Sociology)
with Masters in Planning
(or equivalent qualification)
Minimum 15 years post
qualification experience as
1 mark for
mentioned above in Master
every one
Planning / Urban planning /
Team Leader 3.0 0.0 year of
Urban Design / Transport
(Project additional
Planning / Regional
1 Manager & experience.
Planning / Infrastructure
Senior Urban
Planning
Planner)
Must have worked at least 6
2.5 marks for
months at the position of
working at
team leader in at least two
least six
numbers of works related
months on
to Regional Plan / Master 5.0 0.0
each
Plan / Development Plan /
additional
Zonal Plan / Local Area Plan
Work as
/ Town Planning Scheme
team leader
assignment
Sub Total 8.0 0.0
B. Arch / B. Plan / B. Tech /
M.A. (Geography /
Economics / Sociology)
with Masters in Planning
Urban
2
Planner
Note:
Urban Planner proposed
should be registered with
the Institute of Town

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Planners India (ITPI) or


equivalent. The registration
must be enclosed with the
CV and should be valid on
the date of opening of the
technical bid.
Minimum 12 years post 1 mark for
qualification experience as every one
mentioned above in Master 3.0 0.0 year of
Planning / Urban additional
Planning experience.
Must have worked at least 6 2.5 marks for
months as urban planner in working at
at least one number of work least six
on Regional Plan / months on
5.0 0.0
Masterplan / Development each
Plan / Zonal Plan / Local additional
Area Plan / Town Planning Work as
Scheme assignment urban planner
Sub-Total 8.0 0.0
[Link]. with Masters in
Urban Design/ Architecture
Minimum 9 years post 1 mark for
qualification experience as every one
mentioned above in 2.0 0.0 year of
Architecture / Urban Design additional
experience
Urban
3 Must have worked at least 6 1.5 marks for
Designer
months as urban designer in working at
at least one number of work least six
on Regional Plan / months on
3.0 0.0
Masterplan / Development each
Plan / Zonal Plan / Local additional
Area Plan / Town Planning Work as urban
Scheme assignment designer
Sub-total 5.0 0.0
Master’s degree in
Transport Planning /
Transportation Engineering
Minimum 9 years post 1.0 marks for
qualification experience as every one
mentioned above in 2.0 0.0 year of
transport planning / additional
transportation Engineering experience.
Transport
4 Must have worked at least 6
Planner
months as transport
1.0 marks for
planner in at least one
on each
number of work on Regional
additional
Plan / Masterplan / 3.0 0.0
Work as a
Development Plan / Zonal
Transport
Plan / Local Area Plan /
Planner
Town Planning Scheme
assignment
Sub-Total 5.0 0.0
Infrastructure [Link] in Civil /
5
Planner Infrastructure Engineering /

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Infrastructure Design /
Infrastructure Planning
or
Masters in Planning /
Infrastructure Planning
Minimum 09 years post
qualification experience as
mentioned above in domain
of infrastructure planning
for urban areas*

*Note: 1.0 marks for


For the purposes of post- every one
qualification experience, 2.0 0.0 year of
“Infrastructure planning” additional
implies comprehensive experience.
planning of amenities
(water supply, sewerage,
drainage, solid waste
management, power,
telecom, gas, etc.) at a city
/ zonal level
Must have worked at least 6
Months as infrastructure 1 mark for
planner in at least one working on
number of work on Regional each
Plan / Masterplan / 3.0 0.0 additional
Development Plan / Zonal Work as
Plan / Local Area Plan / Infrastructure
Town Planning Scheme Planner
assignment
Sub – Total 5.0 0.0
B. Tech (Civil) with Master’s
degree in Environmental
Planning / Environmental
Science
Or
[Link]. / B. Plan with
Master’s degree in
Environmental Planning
Or
Bachelor’s Degree with
masters in Environmental
Science
Environment
6 Minimum 7 years post 0.5 marks for
Planner
qualification experience as every one
mentioned above in the 1.0 0.0 year of
domain of additional
environmental planning experience.
Must have worked at least 6
1 mark for
Months as environmental
working on
planner in at least one
each
number of work on Regional
2.0 0.0 additional
Plan / Masterplan /
Work as
Development Plan / Zonal
Environmental
Plan / Local Area Plan /
Planner
Town Planning

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Scheme assignment
Sub-total 3.0 0.0
Master’s degree in Urban
Planning / Law / Public
Administration / Public
Policy / Management
Minimum 7 years post
0.5 marks for
qualification experience as
every one
mentioned above in the
1.0 0.0 year of
domain of regulatory
additional
aspects pertaining to urban
experience.
Regulatory & development
7. Institutional Must have worked at least 6 01 marks for
Expert Months as regulatory expert working on
/ institutional expert / each
governance expert in at additional
least one number of work Work as
on Regional Plan / 2.0 0.0 regulatory
Masterplan / Development expert or
Plan / Zonal Plan / Local institutional
Area Plan / Town Planning expert or
Scheme assignment governance
expert
Sub-Total 3.0 0.0
PGDM in Finance / MBA in
Finance / CA / ICWA
Minimum 7 years post 0.5 marks for
qualification experience as every one
mentioned above in Real 1.0 0.0 year of
Estate expert additional
experience.
Real Estate Must have worked at least 6
8
Expert Months as Real Estate
01 marks for
expert in at least one
working on
number of work on Regional
each
Plan / Master Plan / 2.0 0.0
additional
Development Plan / Zonal
Work as Real
Plan / Local Area Plan /
Estate Expert
Town Planning Scheme
Assignment
Sub-Total 3.0 0.0
Sub-total for (II) 40.0 0.0

III. Marking / Scoring system for Approach, Methodology, Work Plan and Concept
Presentation

Sl. No. Components for evaluation Total Marks Documents


Required
1. Approach, Methodology, and work plan:
Evaluation based on understanding of scope of work,
approach, and quality aspect. For the evaluation of the
above, in the technical bid, the bidder is required to Form 9 –
submit a document (not more than fifteen Pages) 10.0 Technical
covering his understanding of the scope of work, the Proposal
methodology proposed to be adopted by him for
carrying out the work including quality related aspects
and a work plan for carrying out the work including

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

quality related aspects, tentative deployment schedule


of Key Experts as per format
2. Technical Presentation to LDA on understanding scope
of work, approach, and methodology to be adopted:
The main components for evaluation and marking out
of 10 Marks (Technical Presentation) shall be as
follows:

Sl. Components for evaluation Max


No. Marks
1. Concept / Vision 2.0
2. Development Potential / 2.0
Infrastructure
Augmentation strategy
3. Strategies for Land Use Transport 2.0
10.0
Integration and
Multi-Modal Integration
4. Urban Design Strategy, Development 2.0
Norms and
Form Based Codes
5. Framework for implementation of 2.0
Zonal Development Plans

*All the above components for the evaluation of


technical presentation shall be accompanied/
elaborated with suitable graphics/ sketches / 3D
representations

Sub-total for (III) 20.0


Total marks for (I, II & III) 100.0

Notes –
i. The Team Leader (Project Manager & Senior Urban Planner) should have been on roll
of the bidder ending last day of the month before the month of bid submission
deadline. However, other experts / specialists and managerial / support staff, if required,
may be deployed as per requirement so that the Bidder should be able to complete the
assignment successfully within the time schedule.
Bidder has to submit HR undertaking with PF number as proof.
ii. A bidder shall not be considered for further evaluation, if the proposed Team Leader
scores less than 60% of total marks allotted to its category and /or, if, the Team Leader
(Project Manager & Senior Urban Planner) is not on the roll of the bidder for a minimum
period of 01 (One) year ending last day of the month before the month of bid submission
deadline

iii. In case the selected bidder has any key experts other than the Team Leader, who scores
less than 60% (Sixty percent) of total marks allotted to its category, he would have to be
replaced during negotiations as per ITB 1.38.1, with a better candidate, who in the
opinion of the Employer, would score 60% (Sixty percent) or above of total marks allotted
to its category. Key experts proposed by bidder must qualify all minimum
qualification/experience requirements stipulated above for its category. In case any of
the proposed key expert by the bidder does not meet the minimum requirements
stipulated above for its category, the overall score of such key person shall be evaluated
as NIL.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

iv. Bidders are required to submit detailed CV of the proposed key experts (only one CV for
each of the key positions) as per the format provided in Form 10. In case of any
discrepancy found during bid evaluation process, LDA can verify the said declaration /
part of declaration from the past employer of the expert. Any such wrong declaration by
the experts found during verifications, LDA has the right to reject such bids.
v. These experts shall be adequately supported by required support professionals. The
details of the assignments carried out by the experts shall be submitted in detail, for
evaluation.
vi. Degree qualification shall mean full time/part time degree/ equivalent from a recognized
university or in the case of international qualifications, equivalent to degree qualification
as in Indian education system. Qualifications other than degree shall be supported by
the certification from the bidder for its equivalency to degree.
vii. Bidders should be prepared to substantiate the claimed qualification and experience if
so requested by the Client.

3 Technical Score of the Bidder (St)


The evaluation of the technical bids shall be done on the basis of various documents submitted by
the bidder, as per the method of evaluation stipulated above. After technical evaluation of the
technical bids as per the stipulated method, the technical marks of the bidder in technical
evaluation (T) shall be arrived. The Bidder with highest marks (Tm) will be given a Technical Score
(St) of 100 points. The Technical Scores of other Bidders will be computed as follows:

St = 100 x T/Tm
(T = Technical marks scored as per Technical Evaluation criteria)

Further based on the Technical St arrived, composite score shall be worked out in accordance with
clause 4.2.
4 Financial Bid evaluation
4.1 Submission of Financial Proposal
4.1.1 The Bidder shall submit financial bids for all four (4) clusters, quoting rates for each cluster
separately in the Financial BOQ attached in the financial form.

4.2 Financial Score of the bidder (Sf)


The Financial score of a bidder shall be worked out as per the following formula: -

Sf = 100 x Fm / F

Where,
‘Sf’ is the financial score of a bidder

‘Fm’ is the lowest total price received in the bidding.

‘F’ the total quoted price of the bidder

4.3 Composite Score


The composite score of a bidder which shall be the deciding factor in award of the work shall be
worked out as under:

Composite Score of a bidder = St x 0.80 + Sf x 0.20

Where, ‘St’ & ‘Sf’ are the technical and financial scores of a bidder respectively.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

4.4 Bidder with the highest composite score shall be considered for the award of work as per Clause
38 of ITB. In case, bidders have same composite score then the bidder who has highest technical
score (St) shall be considered for award of work. Further, in case technical score are also same
then the bidder having higher average annual turnover from Consultancy Services as per Para
1.2 of Financial Criteria shall be considered for the award of the work.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

VOLUME – IV
FORMATS FOR TECHNICAL PROPOSAL

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

1 FORMATS FOR SUBMISSION


Form 1: Covering letter of Technical Proposal

(The cover letter shall be submitted on the letter head of the Applicant)
To, Date: ________
Vice Chairman,
Lucknow Development Authority,
Sector 38A, 2A, Gomti Nagar Ext Bypass Rd,
Vipin Khand, Gomti Nagar
Lucknow– 211010

Sub: Technical Proposal for RFP for “Consultancy services for preparation of Zonal development plans
for Lucknow Master Plan 2031”

Dear Sir,

With reference to your RFP document _____, dated _____, I, having examined the RFP Documents and
understood their contents, hereby submit my/our proposal for the aforesaid Project. The Proposal is
unconditional and unqualified.

1. I acknowledge that the LDA will be relying on the information provided in the Proposal and the
documents accompanying the proposal for selection of the consultant for the aforesaid Project, and
we certify that all information provided in the proposal and its Annexures along with the supporting
documents are true and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying the proposal are true copies of their respective
originals.

2. This statement is made for the express purpose of our selection as consultant for the Request for
proposal (RFP) for Consultancy services for preparation of Zonal development plans for Lucknow
Master Plan 2031 till project end period

3. I shall make available to the LDA any additional information it may find necessary or require
supplementing or authenticate the BID.

4. I acknowledge the right of the LDA to reject our BID without assigning any reason or otherwise and
hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on
any account whatsoever.

5. I certify that in the last three years, we have neither failed to perform on any contract, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration
award, nor been expelled from any project or contract by any public authority nor have had any
contract terminated by any public authority for breach on our part.

6. I declare that:
a. I have examined and have no reservations to the Bidding Documents, including any
Corrigendum/Addendum issued by the LDA; and

b. I have not directly or indirectly or through an agent engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice, or restrictive practice, as defined in the
RFP document, in respect of any tender or request for proposal issued by or any Agreement entered
with the LDA or any other public sector enterprise or any government, Central or State; and

c. I hereby certify that we have taken steps to ensure that in conformity with the provisions of the RFP,
no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice, or restrictive practice; and

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

d. the undertakings given by us along with the Application in response to the RFP for the Project and
information mentioned for the evaluation of the BID Capacity were true and correct as on the date of
making the Application and are also true and correct as on the BID Due Date and I shall continue to abide
by them

7. I understand that you may cancel the Bidding Process at any time and that you are neither bound to
accept any BID that you may receive nor to invite the Bidders to BID for the Project, without incurring
any liability to the Bidders, in accordance with the RFP document.

8. I certify that in regard to matters other than security and integrity of the country, we have not been
convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which
could cast a doubt on our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of the community.

9. I undertake that in case due to any change in facts or circumstances during the Bidding Process, we
are attracted by the provisions of disqualification in terms of the guidelines referred to above, we
shall intimate the LDA of the same immediately.

10. I further acknowledge and agree that in the event such change in control occurs after signing of the
Agreement up to its validity, it would, notwithstanding anything to the contrary contained in the
Agreement, be deemed a breach thereof, and the Agreement shall be liable to be terminated without
the LDA being liable to us in any manner whatsoever.

11. I hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever
otherwise arising to challenge or question any decision taken by the LDA in connection with the
selection of the Bidder, or in connection with the Bidding Process itself, in respect of the above-
mentioned Project and the terms and implementation thereof.

12. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into an Agreement
in accordance with the draft that has been provided to me/us prior to the BID Due Date. We agree not
to seek any changes in the aforesaid draft and agree to abide by the same.

13. I have studied all the Bidding Documents carefully and also surveyed the project area. We understand
that except to the extent as expressly set forth in the Agreement, we shall have no claim, right or title
arising out of any documents or information provided to us by the LDA or in respect of any matter
arising out of or relating to the Bidding Process including the award of Agreement.

14. I offer a Performance Security of Rs. _______/- (Rupees ________________ Only) to the LDA in
accordance with the RFP Document.

15. The performance Security in the form of a Bank Guarantee is attached.

16. The documents accompanying the Technical BID, as specified in the RFP, have been submitted in
separate files.

17. I agree and understand that the BID is subject to the provisions of the Bidding Documents. In no case,
I shall have any claim or right of whatsoever nature if the Project / Contract is not awarded to me or
our BID is not opened or rejected.

18. The BID Price has been quoted by me after taking into consideration all the terms and conditions
stated in the RFP, draft Agreement, our own estimates of costs and after a careful assessment of the
site and all the conditions that may affect the project cost and implementation of the project.

19. I agree and undertake to abide by all the terms and conditions of the RFP document.

20. I shall keep this offer valid for (180) One Hundred Eighty days from the BID Due Date specified in the
RFP.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

21. I hereby submit our BID and offer a BID Price as indicated in Financial Bid for undertaking the aforesaid
Project in accordance with the Bidding Documents and the Agreement.

In witness thereof, I submit this BID under and in accordance with the terms of the RFP document.

Yours faithfully,

Date: (Signature, name and designation

Place: of the Authorised signatory)

Name & seal of Bidder

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 2: Checklist
(On the letter head of the applicant)
Submitted Page No.
S. No Documents to be submitted
(Yes/No) From To
a. Certificate of Incorporation/ Proprietary firm registration
1 b. Place of registration
Audited Annual reports, Balance Sheets, Profit and Loss statements
2 for last 5 (Five) financial years i.e., 2020-21, 2021-22 ,2022-23,
2023-24 & 2024-25
3 Bid Document cost

4 PAN No.

5 GST Registration No.

6 Income Tax clearance certificate

7 Form- 1: Cover letter of technical proposal


8 Form- 2: Checklist
9 Form- 3: Details of bidder
10 Form- 4: Technical capacity of the bidder
11 Form- 5: Financial capacity of the bidder
12 Form- 6: Project description sheet
13 Form- 7: Power of attorney
14 Form- 8: Non-Blacklisting Certificate
15 Form- 9: Technical Proposal
16 Form- 10: Curriculum Vitae (CV)
Form 11: Format for joint bidding agreement for consortium/Joint
17
Venture
Form 12: Format for Power of Attorney for Lead Member of
18
Consortium / Joint Venture
17 Form- 13: Financial Proposal (cover II)
18 Other relevant documents

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 3: Details of the bidder/s


(On the letter head of the Applicant)
Details of the Bidder

a) Name:
b) Country of incorporation:
c) Address of the corporate headquarters and its branch office(s), if any, in India:
d) Date of incorporation and/ or commencement of business:

Brief description of the Bidder including details of its main lines of business and proposed role
and responsibilities in this Project:

Details of individual(s) who will serve as the point of contact/ communication for the Authority:

i. Name:
ii. Designation:
iii. Company:
iv. Address:
v. Telephone Number:
vi. E-Mail Address:
vii. Fax Number:

Particulars of the Authorised Signatory of the Bidder:

a. Name:
b. Designation
c. Address:
d. Phone Number
e. Fax Number
f. Class III Digital Signature Certificate ID number

(Signature, name, and designation of the authorised signatory)

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 4: Technical Capacity of the Bidder


(On the letter head of the Applicant)
A. Bidder should have experience in Comprehensive Consultancy for Regional Plan / Masterplan /
Development Plan / Zonal Plan / Local Area Plan / Town Planning Scheme with a minimum site area of
1000 ha during last 10 (Ten) years ending last day of the month before the month of bid submission
deadline.

S. Name of Work/ Assignment Project Cost Project Area Start End Client
No. with Location (INR) (In [Link].) Date Date Details

1.
2.
3.

B. Bidder should have experience in Similar Work mentioned in clause 1.1 with minimum site area of 1000
Ha each done for Central Govt. / any State Govt. / PSU / Funding agencies / Autonomous Govt. bodies/
Local Govt. bodies during last 10 (Ten) years ending last day of the month before the month of bid
submission deadline.

S. Name of Work/ Project Cost Project Area (in Start End Client
No. Assignment with Location (INR) [Link].) Date Date Details
1.
2.
3.
4.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 5: Financial Capacity of the Bidder


(On the letter head of the Applicant)
Average Annual Turnover of the Bidder (Equivalent in INR Crores) By Statutory Auditor

Financial Strength of the Company


Sl. Financial Whether Annual Net Overall Annual Annual Turnover from only
No. Year profitable Profit Turnover Consultancy Services rendered
Yes/No (INR Crores) (INR Crores) in India
(INR Crores)
1. 2020-21
2. 2021-22
3. 2022-23
4. 2023-24
5. 2024-25
Certificate from the Statutory Auditor
This is to certify that............................... (Name of the Bidder) has received the payments shown above against
the respective years.
Name of the audit firm:
Seal of the audit firm:
Date:
UDIN:
(Signature, name, and designation of the authorized signatory)

Firm or Lead Firm of Consortium/ JV should have positive net worth at the time of submitting the application.

Net Worth (INR)


Financial Year
(should be minimum 20% of average annual turnover in last 5 years)
FY24-25

* The Bidder should provide Financial Capability based on its own financial statements. Financial Capability of the
Bidder's parent company or its subsidiary or any associate company will not be considered for computation of the
Financial Capability of the Bidder.
* Bidder should fill in details as per the row titled Annual turnover. In case the Bidder is a Joint Venture / Consortium,
for the purpose of evaluation on financial parameters, financial parameters of all the members shall be furnished in
separate sheets for consideration.
Kindly provide supporting balance sheets / P&L statements

Signature of the applicant

Full name of applicant

Stamp & Date

- Certified by CA / Statutory Auditor

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 6: Project Description Sheet


(On the letter head of the Applicant)
(to be submitted for all projects listed as part of Form 4)

Sl. No. Particulars Details

1. Name of Assignment

2. Country

3. Location within Country

4. Name of Client

5. Address

6. Start Date (Month/ Year)


LOA/ Work Order issued by Client/ Competent
Authority attached (Yes/ No)

7. Completion Date (Month/ Year)


Completion Certificate issued by Client/
Competent Authority attached (Yes/ No)

8. Duration of Assignment

7. Approx. Value of Services (in Current US$/INR)

8. Name of Senior Staff (Project Director/


Coordinator, Team Leader) involved, and
functions performed

9. Professional Staff Provided by your Firm/ Entity

10. No. of Staff

11. Name of Associated Consultants if any

12. No. of Months of Professional Staff, provided by


Associated Consultants

13. Narrative Description of Project

14. Description of Actual Services Provided by your


Staff

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 7: Power of Attorney


(On non – judicial stamp paper of INR 100/- duly attested by notary public)
Know all men by these presents, we, ......................................... (name of Firm and address of the
registered office) do hereby constitute, nominate, appoint and authorise Mr / Ms........................................
son/daughter/wife of ............. and presently residing at ........................................, who is presently
employed with us and holding the position of .................... as our true and lawful attorney (hereinafter
referred to as the “authorized Representative”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of our Proposal for
XXXXXX, proposed to be developed by the .......................................... (the “Client”) including but not
limited to signing and submission of all applications, proposals and other documents and writings,
participating in pre-bid and other conferences and providing information/ responses to the Client,
representing us in all matters before the Client, signing and execution of all contracts and undertakings
consequent to acceptance of our proposal and generally dealing with the Client in all matters in connection
with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the
entering into of the Agreement with the Client.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done
by our said authorized Representative pursuant to and in exercise of the powers conferred by this Power of
Attorney and that all acts, deeds and things done by our said authorized Representative in exercise of the
powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, ................................ THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS ...................................... DAY OF ...................., 20.......

For ............................................
(Signature, name, designation and address)
Witnesses:
1.
2.
Notarised

Accepted
........................................
(Signature, name, designation and address of the Attorney)
Notes:

• The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so required
the same should be under common seal affixed in accordance with the required procedure. The Power
of Attorney should be executed on a non-judicial stamp paper of INR 100 (hundred) and duly notarised
by a notary public.
• Wherever required, the Bidder should submit for verification the extract of the charter documents and
other documents such as a resolution/ power of attorney in favor of the person executing this Power
of Attorney for the delegation of power hereunder on behalf of the Bidder.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 8: Non-Blacklisting certificate

FORMAT FOR AFFIDAVIT CERTIFYING THAT ENTITY IS NOT BLACKLISTED

(On non – judicial stamp paper of INR 100/- attested by notary public)
(In case of a Consortium/ JV, this Form is to be submitted by all Members of the Consortium/ JV)

I / We Proprietor/ Partner(s)/ Director(s) of M/s --------------------------------------- hereby declare that the


firm/company namely M/s-------------------------------------- ---------------------------------------has not been blacklisted
or debarred in the past by any other Government organization from taking part in Government tenders.
Or
I / We Proprietor/ Partner(s)/ Director(s) of M/s ---------------------------------------- hereby declare that the
firm/company namely M/s-------------------------------------- ---------------------------------------was blacklisted or
debarred by any other Government Department from taking part in Government tenders for a period of ----
------ years w.e.f.--------- --------. The period is over on --------------and now the firm/company is entitled to take
part in Government tenders.

In case the above information found false I/We are fully aware that the tender/ contract will be
rejected/cancelled.
Dated this ……………………. Day of …………………., 2025….

Yours sincerely,

Name of the Consultant:

Signature of the Consultant:

Address:

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 9: Technical Proposal


(Maximum 15 slides)

A. Description of Approach, Methodology, and Work Plan in accordance with the Terms of Reference
a) Technical approach and methodology:
b) Work Plan
B. Consultant's Organization and Staffing for project

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 10: Curriculum Vitae (CV)


(To be submitted for each Key Expert, along with self-certified copies of Education & Employment
certificates)

Position Title and No.: [e.g., Team Leader]


Name of Expert: [insert full name]
Date of Birth: [day/month/year]
Country of Citizenship/Residence: [insert country]

Education: [List college/university or other specialized education, giving names of educational institutions,
dates attended, degree(s)/diploma(s) obtained.]
_________________________________________________________________________________________
_________________________________________________________________________________________

Employment record relevant to the Services: [Starting with present position, list in reverse order. Please
provide dates, name of employing organization, titles of positions held, types of activities performed and
location of the assignment, and contact information of previous clients and employing organization(s) who
can be contacted for references. Past employment that is not relevant to the Services does not need to be
included.]
Employing organization and your Summary of activities
Period title/position. Country performed relevant to
Contact information for references the Services
[e.g., May 2015 [e.g. Ministry of ____________,
– present] advisor/consultant to ____________
For references: phone __________ /
email _________, Mr. Bbbbbbb,
deputy minister]

Membership in Professional Associations and Publications: ___________________________________


_________________________________________________________________________________________
Language Skills (indicate only languages in which you can work): _____________________________
_________________________________________________________________________________________

Adequacy for the Services:


Reference to Prior Work/Assignments that
Detailed Tasks Assigned to Consultant’s
Best Illustrates Capability to Handle the
Team of Experts
Assigned Tasks

Expert’s contact information: [email:_____________, phone: ______________]

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

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

[day/month/year]
Name of Expert Signature Date

[day/month/year]
Name of Authorized Representative of the Consultant Signature Date
[the same who signs the Proposal]

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 11: Format for joint bidding agreement for consortium/Joint Venture
(To be executed on Rs.100 Stamp paper of value)

THIS JOINT BIDDING AGREEMENT is entered into on this the (date in words) day of (month in words) [year
in “yyyy” format]

AMONGST

1. [Company Name] a company incorporated under the Indian Companies Act, 2013 / Companies Act,
1956 and having its registered office at [Address] (Hereinafter referred to as the “First Party” which
expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. [Company Name] a partnership firm, having its registered office at [Address] (Hereinafter referred
to as the “Second Party” which expression shall, unless repugnant to the context include its successors and
permitted assigns)

The above-mentioned parties of the FIRST &SECOND PART are collectively referred to as the “Parties” and
each is individually referred to as a “Party”

WHEREAS,

(A) Lucknow Development Authority (hereinafter referred to as the “Client” which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has
invited proposals (the Applications) by its Request for Proposal No. ………… dated ………… (the “RFP”) for
(Title of the Consultancy/Project).

(B) The Parties are interested in jointly Bidding for the Consultancy as members of a {Consortium/Joint
Venture} and in accordance with the terms and conditions of the RFP document and other Bid documents
in respect of the Consultancy, and

(C) It is a necessary condition under the RFP document that the members of the {Consortium/Joint
Venture} shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations: In this Agreement, the capitalized terms shall, unless the context
otherwise requires, have the meaning ascribed thereto under the RFP.

2. {Consortium/Joint Venture}
2.1 The Parties do hereby irrevocably constitute a Consortium/Joint Venture (the “{Consortium/Joint
Venture}”) for the purposes of jointly participating in the Bidding Process for the Consultancy.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this
{Consortium/Joint Venture} and not individually and/ or through any other {Consortium/Joint Venture}
constituted for this Consultancy, either directly or indirectly or through any of their Affiliates.

3. Covenants

The Parties hereby undertake that in the event the {Consortium/Joint Venture} is declared the Selected
Bidder and awarded the Consultancy, it shall enter into Contract for consultancy services (“Contract”) with
the Client for performing all its obligations as the Consultancy in terms of the Contract for the Consultancy.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

4. Role of the Parties


The Parties hereby undertake to perform the roles and responsibilities as described below:

a) The First Party [Company Name] shall be the Members in Charge/ Lead Member of the
Consortium/Joint Venture until the Effective Date under the Contract;
b) The Second Party [Company Name] shall be the consortium/ associate partner and shall have the
power of attorney from all Parties for conducting behalf of the Consortium during the selection
process for the Consultancy.

5. Understanding of Scope of Work


The Parties do hereby undertake liabilities relating to the Consultancy and in accordance with the terms of
the RFP and the Contract, for the performance of the Contract. Each Partner is jointly and severally liable
in respect of the Consultant’s obligations.

6. Member in Charge or Lead Member


Without prejudice to the joint and several liabilities of all the Parties, each Party agrees that it shall
exercise all rights and remedies under the Contract through the Member in Charge/Lead Member and the
Client shall he entitled to deal with such Member in Charge as the representative of all Members. Each Party
agrees and acknowledges that:
a) [Representative of Company] will be official signatory on behalf of the consortium and act as
manager of the consortium and will be authorized to act for the consortium in terms of committing
it to any obligations and liabilities and to receive and act upon instructions from the Client and to
make and receive payments;
b) Any decision (including without limitation, any waiver or consent), action, omission, communication
or notice of the Member in Charge on any matters related to the Contract shall be deemed to binding
on it.

Any notice, communication, information or documents to be provided to the Consultant shall be delivered
to the authorized representative of the Consultant (as designated pursuant to the Contract) and any such
notice, communication, information of documents shall be deemed to have been delivered to all the Parties.

7. Representation of the Parties


Each Party represents to the other Parties as of the date of this Agreement that:
a) Such Party is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and client to enter into this Agreement;
b) The execution, delivery and performance by such Party of this Agreement has been authorized by
all necessary and appropriate corporate or governmental action and a copy of the extract of the
charter documents and board resolution/ power of attorney in favour of the person executing this
Agreement for the delegation of power and client to execute this Agreement on behalf of the
{Consortium/Joint Venture} Member is annexed to this Agreement, and will not, to the best of its
knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorization, approval, judgment, order or decree or any mortgage agreement, indenture or
any other instrument to which such Party is a party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to such Party; or

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances
or mortgage in or on the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from fulfilling its obligations
under this Agreement;

c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with
its terms against it; and

d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or
any of its Affiliates is a party that presently affects, or which would have a material adverse effect
on the financial condition or prospects or business of such Party in the fulfillment of its obligations
under this Agreement.

8. Authorized Representation
The parties agree that, who is employed with consortium partner, or his/her nominee shall be the authorized
representative of the consortium, to do on behalf of the Consortium, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of the Consortium's proposal for an the
Consultancy including but not limited to signing and submission of all application, proposal and other
document, participating in pre-bid and other conferences and providing information responses to the client,
representing the consortium in the matters before the client, signing and execution of all contracts and
undertakings consequent to acceptance of the consortium's proposal and generally dealing with the Client
in all matters in connection with or relating or arising out of the Consultancy.

9. Termination
This Agreement shall be effective from the date hereby and shall continue in full force and effect until the
Effective Date under the contract, in case the Consultancy is awarded to the {Consortium/Joint Venture}.
However, in case the Consortium is not selected for award of the Consultancy, the Agreement will stand
terminated upon intimation by the Client that it has not been selected and upon return of the performance
Security by the Client, as the case may be.

10. Miscellaneous

10.1 This Joint Bidding Agreement shall be governed by laws of {India}.

10.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Client.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED & DELIVERED SIGNED, SEALED & DELIVERED


For and on behalf of MEMBER IN-CHARGE For and on behalf of Associate Partner
By [Company Name): By [Company Name):
Name Name

Designation: Designation:
Address: Address:
In Presence of: In Presence of:
1. 1.
2. 2.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executants(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and client to execute this Agreement on behalf of the
{Consortium/Joint Venture} Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalized
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 12: Format for Power of Attorney for Lead Member of Consortium / Joint Venture
Whereas the [Lucknow Development Authority, Lucknow] (the “Client”) has invited Bids for the *****
Project (the “Consultancy”).

Whereas, …………………….., …………………….., and …………………….. (collectively the “{Consortium/Joint Venture}”)


being Members of the {Consortium/Joint Venture } are interested in Bidding for the Consultancy in
accordance with the terms and conditions of the Request for Proposal (RFP) and other Bid documents
including agreement in respect of the Consultancy, and

Whereas it is necessary for the Members of the {Consortium/Joint Venture} to designate one of them as the
Lead Member with all necessary power and authority to do for and on behalf of the {Consortium/Joint
Venture}, all acts, deeds and things as may be necessary in connection with the {Consortium’s/Joint
Venture} Bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. …. having our registered office at …, M/s. … having our
registered office at …., and ….. having our registered office at ………, (hereinafter collectively referred to as
the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorize M/s …….
having its registered office at ………., being one of the Members of the {Consortium/Joint Venture}, as the
Lead Member and true and lawful attorney of the Consortium/Joint Venture (hereinafter referred to as the
“Attorney”). We hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all
business for and on behalf of the { Consortium/Joint Venture } and any one of us during the Bidding process
and, in the event the {Consortium/Joint Venture} is awarded the contract, during the execution of the
Project and in this regard, to do on our behalf and on behalf of the { Consortium/Joint Venture }, all or any
of such acts, deeds or things as are necessary or required or incidental to the pre-qualification of the {
Consortium/Joint Venture } and submission of its Bid for the Consultancy, including but not limited to
signing and submission of all applications, Bids and other documents, signing bank Guarantee for
performance security and writings, participate in pre Bid and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to acceptance of the Bid
of the { Consortium/Joint Venture } and generally to represent the { Consortium/Joint Venture } in all its
dealings with the Client, and/ or any other Government Agency or any person, in all matters in connection
with or relating to or arising out of the {Consortium/Joint Venture } Bid for the in all respect Consultancy
and/ or upon award thereof till the Contract is entered into with the Client & Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or
caused to be done by our said Client pursuant to and in exercise of the powers conferred by this Power of
Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us/ {Consortium/Joint Venture}.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY
ON THIS …………………. DAY OF ………. 2..…

For …………………….. For …………………….. For ……………………..


(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)

(Executants)

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

(To be executed by all the Members of the {Consortium/Joint Venture})

Witnesses:
1.
2.

Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and when it is so required, the
same should be under common seal affixed in accordance with the required procedure.
▪ Also, wherever required, the Bidder should submit for verification the extract of the charter documents and
documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing
this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be legalized by the
Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the
Power of Attorney provided by Bidders from countries that have signed Legislation Convention 1961 are
not required to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it, and ‘Deleted’ may
be indicated there

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Form 11: Financial Proposal (Cover II)


FINANCIAL PROPOSAL (Cover II)
(On the letter head of the Applicant)

[Location, Date]
To: ______________________________________________________________________________________
[Name and address of Client]

Dear Sir,
We, the undersigned, offer to provide the Services for [Insert title of Services] in accordance with your
Request for Proposal dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposal including taxes, duties and fees as per ITB 1.14 of the Data Sheet is as
follows:
[Link]. Component Amount (INR)
1. Cluster 3 To be filled in BOQ attached separately
2. Cluster 4 To be filled in BOQ attached separately
3. Cluster 5 To be filled in BOQ attached separately
4. Cluster 6 To be filled in BOQ attached separately
Total (in figures) To be filled in BOQ attached separately
Total (in words) To be filled in BOQ attached separately

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract
negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in ITB 1.18
We understand you reserve the right to annul the process and reject all Proposals at any time prior to
Contract award.
We remain,
Yours sincerely,

Authorized Signature: ____________________________________________________ [In full and initials]


Name and Title of Signatory: _______________________________________________________________
In the capacity of: _________________________________________________________________________
Address: _________________________________________________________________________________
Email: ___________________________________________________________________________________
[For a Joint Venture, either all members shall sign or only the lead member/consultant, in which case the
power of attorney to sign on behalf of all members shall be attached.]

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VOLUME – V
SCOPE OF WORK
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

SCOPE OF WORK

A. BACKGROUND
The Zonal Development Plan is a detailed plan for a zone conceived and prepared within the framework of a
Master Plan, containing proposals for various land uses, roads, streets, parks, open spaces, community
facilities, services, and public utilities, etc. The Uttar Pradesh Urban Planning and Development Act (1973)
provides for the preparation of Zonal Development Plans. According to Section 9(i) of the Uttar Pradesh
Urban Planning and Development Act, the Development Authority is required to proceed with the
preparation of the Zonal Development Plans for each of the zones simultaneously with the preparation of
the Master Plan or as soon as may be thereafter.
The format for the contents of the final Zonal Development Plan shall be broadly in line with the guidelines
mandated in the Urban and Regional Plan Formulation and Implementation (URDPFI) Guidelines of
Government of India, and various Government orders issued by Housing and Urban Planning Department,
Govt. of Uttar Pradesh. The format for the deliverables including all reports and maps, including
representation and scale, shall be as mutually agreed between the State Government, Development
Authorities, Transit Agency, and Consultant, in the interest of clarity and legibility of the final document /
plan.

1. Task 01 – Completion of existing studies and data


The consultant shall review the provisions of the Lucknow Masterplan Conversion (2031) for the
Development Area of Lucknow (existing and proposed) and collate the following data on GIS format for the
purposes of preparation of Zonal Development Plans:

• Land Use Distribution and Analysis within the Zones


• Applicable Building Byelaws and Development Control Norms
• Population and density
• Built up area, character, extent and delineation
• Transportation: circulation network, traffic flow (people and goods), public transit, nonmotorized
transport, paratransit, multi-modal integration,terminal facilities, etc
• Physical and social infrastructure (including agency responsible for implementation and
maintenance of the infrastructure thereof)
• Proposed key developments of public and private stakeholders
• Land ownership (including mapping of government owned land)
• Slope analysis
• Green cover, parks / open spaces, forests, orchards, green belts, etc.
• Any potentials and constraints identified in the Masterplan
• Security mapping: specifying relatively safe and unsafe areas, streets, etc.
• Types of housing sub-systems, including low-cost affordable housing

The consultant shall,

• Undertake site visits and prepare an inventory of as-is physical characteristics of the study area,
mapping existing features within the Zones on the GIS data as collated from the Masterplan review.
• Carry out a mapping and documentation of existing activity profile within the Zones, identifying
areas of special interest such as commercial or institutional districts, areas of tangible and intangible
heritage, weekly bazaars, and informal vending areas, etc.
• Provide analysis of existing regulatory and institutional framework for the study area – identifying
current roles and responsibilities of various stakeholders including State Government, Development
Authorities, Municipal Bodies, Industrial Development Authority, Housing Board, Transit Agency, etc.
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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

• Facilitate stakeholder engagements as and when required, ensuring that all meetings are organized
in consultation with, and with the participation of, designated LDA officials.
• Data available with LDA shall be provided to the Consultant; however, should any additional data be
required from other departments it shall be the responsibility of the Consultant to obtain
• Collection of revenue maps from the Revenue department should be the responsibility of the
consultant. In case, the maps are not readily available, digitizing them should be the responsibility
of the consultant. Satellite imagery should be of resolution of minimum 0.3m.

The Zones which have been delineated in the Masterplan of Lucknow shall require to be rationalized basis
the specific ground features (including physical and natural barriers, like roads drains, etc.). In consultation
with the Development Authority, the Consultant shall prepare a detailed base map (superimposed on Sajra/
Khasra) of the Zones, in such format and scale as may be mutually agreed. The Base Maps prepared thus
shall be used for all representation of all analysis and final proposals mentioned in the subsequent sections.

2. TASK 02 – Demand Assessment, Visioning and Strategy


In consultation with the Development Authority, the following studies shall be conducted in respect of
demand assessment –

• Ascertaining proposals contained in Masterplans for widening of roads, upgradation of


infrastructure, urban renewal, redevelopment, etc.

• Traffic Impact Assessment studies to ascertain


o existing traffic flow for all existing modes of transport including private and public
transportation

o level of service for roads and streets within the Zone, Ingress, egress and through traffic
within the Zones,

o pedestrian movement profile within the Zones,

o bi-cycle routes, key paratransit, and feeder routes to public transportation nodes,

o parking surveys

shall also include any other relevant studies traffic surveys / studies that may be identified
as input in the planning exercise

• Basic road widths (existing and proposed in Masterplans) and infrastructure availability
(existing and proposed in Masterplan)

• Identification of government owned land or land owned by public agencies (e.g., UPSIIDA,
UPSRTC, Housing Board, Transit Agency, etc.)

• Identification of plots for change of land use, taking into account potential for higher or
efficient utilization of land under UP TOD Policy and other govt policies.

• Calculation of resultant population (natural & induced), population density (existing


densities, densities proposed in Masterplan and resultant densities; and distribution of
resultant densities within the Zone; Estimation of floating population due to visitors,
workers, tourists, etc.

• Determination of possible changes to demographic and economic profile, visitor profile and
activity patterns within the Zone on account of resultant development.

• Impact of resultant population and population density of physical infrastructure including


water supply, sewage, drainage, solid waste, power, and any other applicable physical
infrastructure identified in the Zone
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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

• Impact of resultant population and population density of social infrastructure including


housing, health, education, security, including police, socio-cultural and community facilities
and other applicable social infrastructure identified in the Zone

• Impact of resultant development (population and resultant activity profile due to mixed use)
on transportation and mobility infrastructure including roads, public transit infrastructure
and services (buses, metro, MRTS, etc.), pedestrian mobility, non-motorized transport, para-
transit services (e-rickshaw, taxis, sharing autos, etc.) including calculation
3. Task 03 – Proposals for creation and augmentation of infrastructure within the Zones, conceptual
zonal plans, and incorporation various planning principles

• Demarcation of plots identified within the zone for change of land use, highlighting the
rationale for the same.

• Proposal for creation or augmentation of physical infrastructure including water supply,


sewage, drainage, solid waste, power, and any other applicable physical infrastructure
identified in the Zone

• Proposal for creation or augmentation of social infrastructure including housing, health,


education, security, including police, socio-cultural and community facilities and other
applicable social infrastructure identified in the Zone

• The proposals for creation or augmentation / upgradation of physical and social


infrastructure shall include mapping of roles and responsibilities of various agencies
(including maintenance), preliminary cost estimates, phasing, and prioritization – depicted
in the form of amenity specific maps / layouts and reports.

• Proposal for improvement of transportation and mobility infrastructure with a view to


integrate seamlessly with, achieve maximum modal shift to public transit and enhance
ridership of core public transit networks such as Metro / MRTS – which may include,
o feeder Services to and from key transit nodes and multi-modal integration
o development of roads, widening and improvement of existing ones
o development of internal streets for enhanced pedestrian and bicycle mobility,
o road safety provisions
o provisions for public and private parking
o signage provisions, amenities, and multi-utility zones along proposed streets,
o any other intervention that may be identified during the planning process

• Proposal on environmental and ecological consideration for development within the Zones,
if any. These may include proposals for conservation of water bodies, forest areas, city
greens, other areas of environmental and ecological importance; integration of green-blue-
grey infrastructure, proposals for factoring in environmental sustainability within the Zones.

• Proposals for rainwater harvesting and common infrastructure at Zonal level, Integration of
proposals regarding air, water, noise pollution control, Provision for rainwater harvesting and
common infrastructure at Zonal level, Integration of proposals regarding air, water, noise
pollution control

• Proposals for creation or augmentation of provisions for affordable housing, and housing
for Economically Weaker Sections (EWS) within the Zones. Such proposals shall align with
prevailing State Government policies and any other policies / byelaws of the Development
Authorities / statutory authority whose jurisdiction falls within the Zone
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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

• Proposals for physical and functional integration of urban villages (village Abadi) within the
ecosystem, as applicable.

• Identification of locations for heritage conservation, redevelopment, renewal, retrofitting


within the Zones, proposals for upgradation of slums, clearance of encroachments, etc.
4. Task 04 - Draft Land Use Plan and Draft Zonal Development Plan Report; Byelaws and Development
Control Norms for Zones

A consolidated Draft Zonal Development Plan (Land Use Plan, Zonal Development Plan Report and
Byelaws & Development Norms) is to be prepared for the Development Area, which shall consolidate the
findings, learnings, and outputs from TASKS 1, 2 and 3 into a consolidated Zonal Development Plan
document. Satellite imagery to be used as the base map should be of resolution <[Link] final format
for the Zonal Development Plan Report, Land Use Plan (including representation and scale thereof) shall
be as mutually agreed between the State Government, Development Authority, and Consultant, in the
interest of clarity and legibility of the final document / plan. The following deliverables shall be submitted
under TASK 4 –
• The Draft proposed Spatial Land Use Plan (of scale between 1:1000 and 1:5000, as may be
decided) for the each of the Zones (individually or in combination as may be decided),
superimposed on the Sajra Plan and highlighting all the proposed land uses, relevant physical
features, special sub-zones (if any), roads and mobility infrastructure, facility centers, activity
nodes, etc. Zoning classification shall include, as applicable –
o Residential areas
o Commercial areas
o Public & Semi-Public areas
o Recreational areas
o Institutional and Office areas
o Transportation and Communication
o Old Built-Up, Inner City, Village Abadi areas
o Heritage and Conservation areas
o Scenic Value areas
o Redevelopment zones / Slum-upgradation zones
o Water Bodies, Rivers, Canals, etc.
o Eco-sensitive areas
o Primary activities
o Manufacturing areas, Industrial areas
o Utilities and amenities
(Zoning classification may be sub-classified as per requirement and any other zoning classification as may
be identified)

• Draft Zonal Development Plan Report, which shall have the following broad contents
o Introduction
▪ A brief introduction to the city comprising its regional setting, functional character and
growth trends
▪ Context within the Masterplan –Zone vision
▪ Interdependence of the Zones on the city

o Background and Analysis


▪ Land use distribution and analysis
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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

▪ Existing Population and Density


▪ Built-up area, character, extent, and delineation
▪ Transportation – Public Transit and accessibility, circulation network, traffic flow (people
and goods) and terminal facilities
▪ Physical and Social Infrastructure – existing situation
▪ Land Ownership pattern
▪ Slope analysis
▪ Hazard mapping
▪ Green cover, parks / open spaces, forests, orchards, green belts, etc.
▪ SWOT analysis pertaining to Zones
▪ Security and safety mapping within the Zones (existing scenario)
▪ Existing housing subsystems; low cost and affordable housing
o Conceptual Framework for development within the Zones, projections
▪ Planning parameters and factors considered
▪ Incorporation of principles at various planning hierarchies
▪ Demographic and socio-economic projections
▪ Projected requirements for physical, social and mobility infrastructure
▪ Urban form based urban design framework

o Proposals and Development Strategy


▪ Land Use Plan
▪ Proposed Circulation System (commuters, pedestrians, vehicles)
▪ Proposals for creation and augmentation of physical infrastructure including,
❖ Water supply
❖ Sewerage
❖ Drainage
❖ Solid Waste
❖ Power
❖ Gas Pipelines
❖ Optical Fiber and other Digital Infrastructure
❖ Any other physical infrastructure, as applicable
▪ Proposals for creation and augmentation social infrastructure including,
❖ Housing
❖ Health
❖ Education
❖ Communication
❖ Security, including Police
❖ Safety, including firefighting
❖ Socio-cultural and community facilities
❖ Any other social infrastructure, as applicable
▪ Proposals for creation and augmentation of transportation and mobility infrastructure,
including proposals for public transit, multi-modal integration, first and last mile
connectivity
▪ Strategy for new development, redevelopment, and upgradation / improvement
▪ Proposal for integration of urban villages and informal settlements
▪ Proposal for integration of informal sector activities
▪ Strategy for rehabilitation of unauthorized settlements
▪ Strategy for maintenance of services
▪ Provisions for inclusive urbanization and universal accessibility
▪ Proposals regarding vending zones: markets and market streets

All proposals shall be supported by necessary digitized maps, layouts, plans, designs,
typical cross sections, specifications, as may be applicable

o Zoning Regulations

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

▪ Definitions of various land use zone premises


▪ Use restrictions (uses permitted, specially permitted, conditionally permitted, and uses
prohibited)
▪ Proposals for mixed land use, including vertical and horizontal mixing
▪ Strategy for non-conforming uses
▪ Strategy for hazardous zones and polluting industries
▪ Allowing for flexibility for informal and temporal activities within land use zones

o Zone specific Development Control Regulations


▪ Building regulations and building byelaws
▪ Form Based Codes for development (within identified Special Planning sub-zones), as
applicable
▪ Urban Design and Architectural Controls
▪ Any other specific development controls as may be required to fulfil objectives

In addition to preparing detailed regulations and specifications for each of the above,
consultant shall prepare relevant illustrations / diagrams / graphics, as may be necessary
for clear and legible interpretation of stipulated norms, controls and design guidelines

Urban form and city scape within the Zones shall also be generated in 3-Dimensional
format, using GIS applications such as ‘City Engine’, clearly depicting existing urban built
form and proposed urban built form upon application of byelaws, norms, and form-based
codes. Such depictions shall also include proposed roads, mobility infrastructure, greens,
etc.

o Conservation and improvement of environment


▪ Conservation and improvement of land profile
▪ Integration of blue-green-grey infrastructure
▪ Conservation and improvement of green cover and landscape
▪ Conservation of heritage areas / zones
▪ Energy efficient and environmentally sustainable development
▪ Provision for rainwater harvesting and common infrastructure at Zonal level
▪ Integration of proposals regarding air, water, noise pollution control

o Compliance with National and State Guidelines and Policies


▪ State Urbanization Policy, as applicable
▪ State Industrialization and Investment Promotion Policy, as applicable
▪ Guidelines for Universal Accessibility and Inclusive Urbanization of Government of India
▪ Disaster Management Policy, as applicable
▪ Energy Policy, as applicable
▪ Any other relevant policies as may be applicable

o Resource Mobilization and Implementation Strategy


▪ Regulatory and Institutional set-up for implementation
▪ Costing, funding and model of implementation of physical and social infrastructure within
the Zones, including roles and responsibility mapping
▪ Land acquisition strategy and land amalgamation framework
▪ Role of private sector, developer entities, domestic and international institutions in the
process, development facilitation mechanisms
▪ Proposals for amendments to regulatory and institutional framework to achieve effective
implementation of plan objectives
▪ Resource mobilization strategy
▪ Phasing and prioritization of development; management thereof
The Draft Land Use Plan, Zonal Development Plan Report, Byelaws, Development Control Norms, and
any documentation prepared for submission to the Development Authorities and State Government
shall be prepared in English and Hindi Versions by the Consultant.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

5. Task 05 - Assistance during the Public consultation, finalization, and final approval stage

Sections 10 and 11 of the Uttar Pradesh Planning & Development Act mandate that the draft Land Use
Plan and the Draft Zonal Development Plan Report shall be placed in the public domain for objections
and suggestions by the Development Authority. The Consultant shall assist the Development Authority
during the public consultation process which would entail –
• Preparation of necessary documentation and presentations pertaining to proposals
• Documentation of objections and suggestions received during the consultation process
• Assist the Development Authority and, as applicable, in addressing the objections and suggestions
received and incorporating the same in the draft Land Use Plan or Zonal Development Plan Report
as applicable
• Finalization of the revised documents (English and Hindi) for Authority approval and submission to
the State Government.
Pursuant to the submission to the State Government, the State Government, or any committee set up
by it, may direct modifications or amendments to the Land Use Plan or Zonal Development Plan as it
may think fit. The Consultant shall assist the Development Authority in preparation of responses to any
queries raised and incorporate modification if any in the draft documents.
The Engineer, with the approval of the Employer, may delegate any of his duties and responsibilities to
other people after notifying the Bidder and may cancel any delegation after notifying the Bidder.
6. TASK 06 - Final Land Use Plan and Final Zonal Development Plan Report; Byelaws and Development
Control Norms

The consultant shall make available the finalized versions of the Land Use Plan and the Zonal
Development Plan Report, including Byelaws and Development Control Norms in format as directed by
the State Government for final publication. Two versions of the documents shall be prepared, one in
English and one in Hindi.
A consultant shall make available any of the relevant experts or resources, as may be required, until the
final approval and notification of the Zonal Development Plan Report and the Land Use Plan by the State
Government.
7. Obligations of the Development Authority
The Development Authority shall review, coordinate, and assist the entire process of preparation of the
Zonal Development Plans. Obligations include –

• Set up a review and coordination framework between the Development Authority, and other
relevant statutory and regulatory bodies (including Town and Country Planning Department)
• Support the consultant for coordinating with stakeholders including government and private
land-owning entities, service providing agencies and other government departments for
conducting stakeholder consultations and for provision of inputs as required for the preparation
of the Zonal Development Plans
• Support the Consultant to obtain the location and extent of land use changes carried out by the
Government (Notification number and date, name of revenue village, Sajra numbers and their
area, nature of land use change, etc.) and l

and use change proposals submitted to the government by the Development Authority
• To make available to the Consultant copies of Policy decisions and Government orders relevant
to Zonal Development Plan

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

• The Development Authority shall ensure to provide within a reasonable time to the consultant
all information as may be required from the Development Authority for the preparation of the
Zonal Plans; and shall communicate all necessary decisions in writing in a timely manner.
• To convene meetings of the technical committees and Authority Board to ensure adherence to
the time frame, and other matters where decision may be necessary.
• Finalization and approval process for Zonal Development Plans as stipulated in the Act and
relevant Regulations, including organizing public consultations for feedback and suggestions on
the draft Zonal Development Plans
8. Other Contractors
In addition to and not in derogation of its obligations elsewhere set out in this RFP, the following include
the obligations of the Consultant,
• To perform the services as stated in the Terms of Reference as per the stipulated Timelines and
ensure quality of the deliverables at all stages. The consultant shall exercise reasonable skill,
care, and diligence in the preparation of the Zonal Development Plans.
• The consultant shall not disclose to any party, circulate, or publish whole or part of any
confidential or sensitive information (such as maps, drawings, government communication, etc.)
provided by the Development Authority.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

SCHEDULE I: Divisions of Zones along with AreaS. No.


Name of
Zone as
Total area Remaining
per Total area
Total Area Total area of area of cluster
Sl. Master TOD Zone
Cluster No. of Zone of Cluster Agriculture for Zonal
No. Plan in Cluster
(Ha) (Ha) land use planning (Ha)
2031 (Ha)
(Ha) 5 – (6+7)
(Conversi
on)
(1) (2) (3) (4) (5) (6) (7) (8)
Zone 3 2639.95
Zone 4 2221.64
Zone 6 206.87
1 CLUSTER 1 16580.81 940.19 427.20 15213.42
Zone 7 867.16
Zone 22 5760.43
Zone 23 4884.29
Zone 20 5217.52
Zone 21 2160.50
2 CLUSTER 2 Zone 24 6244.72 21736.71 2551.86 198.66 18986.19
Zone 25 3880.54
Zone 26 4232.76
Zone 17 1838.30
Zone 18 8280.76
3 CLUSTER 3 16902.56 6954.42 739.10 9209.04
Zone 19 730.06
Zone 27 6054.10
Zone 10 145.58
Zone 11 270.37
Zone 12 292.99
4 CLUSTER 4 18881.85 8950.27 90.53 9841.05
Zone 13 667.75
Zone 16 8527.99
Zone 28 8977.19
Zone 8 629.87
Zone 9 211.57
5 CLUSTER 5 Zone 14 442.85 12708.71 2979.66 342.35 9386.70
Zone 15 6221.23
Zone 29 5202.98
Zone 1 4023.27
Zone 2 6391.47
6 CLUSTER 6 Zone 5 1669.71 17513.30 3538.04 530.10 13445.16
Zone 30 4037.50
Zone 31 1382.46
104314.40 104314.40

Note – Cluster 1&2 have already been awarded

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

SCHEDULE II – DIVISIONS OF ZONES FALLING WITHIN THE LUCKNOW DEVELOPMENT


AREA

Subject to final delineation in masterplan and notification thereof

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

SCHEDULE III – DIVISIONS OF CLUSTERS WITHIN ZONE

(Awarded)

(Awarded)

Note – Cluster 1&2 have already been awarded

Page | 72
VOLUME – VI
PART A – GENERAL CONDITIONS OF CONTRACT & PART B –
SPECIAL CONDITIONS OF CONTRACT
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

PART A – GENERAL CONDITIONS OF CONTRACT

A. GENERAL

1. Definitions
1.1. The following words and expressions shall have the meanings assigned to them except where the context
otherwise requires:
a) ‘Project’ means the project/work named in Special Conditions of Contract.

b) ‘Services’ means the services to be performed by the Consultant pursuant to this contract.

c) ‘Employer’ means the Lucknow Development Authority (also referred to as LDA) which expression shall
also include their legal successors and permitted assigns.

d) ‘Consultant’ means the party or the group/consortium named in the Agreement, who has to perform the
services, and which expression shall include his/their legal successors and permitted assigns.

e) ‘Sub – Consultant’ means an entity or individual appointed by consultant with the prior approval of the
employer and in accordance with the procedure described in Special Conditions of Contract.

f) ‘party’ means LDA or Consultant as the case maybe and ‘parties’ means both.

g) ‘Third party’ means any other person or entity as the context requires.

h) ‘Contract’ means the Contract Agreement, the Letter of Acceptance, the Letter of Bid and other
documents which are listed in the Contract Agreement or in the Letter of Acceptance.

i) ‘Employer's Representative’ means the official employed by LDA and notified as such, or any of its
officers nominated by LDA and notified from time to time, to the Consultant.

j) ‘Engineer’ is the person named in the Contract Data will be the Engineer in Charge of work, who is
responsible for supervising the Consultant’s work, administering the Contract, making payments due to
the Bidder

k) Days are calendar days; months are calendar months

l) ‘INR’ means the currency of India and shall be the currency used for the Project.

m) ‘Time for completion’ means the time period stated for this purpose in the bid documents.

n) ‘Applicable Law’ means the laws and any other instruments having the force of law in the Employer’s
Country, or in such other Country as may be specified in the Contract data and specific provisions, as
they may be issued and in force from time to time

o) ‘Effective Date’ means the date of issue of Letter of Award (LOA) by the Employer.

p) ‘Experts’ means, collectively, Key Experts/Persons, on-Key Experts, or any other professional personnel
of the Consultant, Sub-consultant or JV/Consortium member(s) assigned by the Consultant to perform
the Services or any part thereof under the Contract

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

2.2. The singular includes the plural, the masculine includes the feminine, and vice-versa where the context
requires.

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2.3. Reference to “Contract” mean this contract (and include the Schedules). References to “Clauses and
Schedules “mean clauses of and schedules of this contract. The provisions of Schedules shall be binding on
the parties as set out in full in this Contract

2.4. If there is a conflict between provisions of the Agreement, the last to be written chronologically shall prevail,
unless otherwise specified in the Special conditions of contract.

2.5. The documents forming the part of the Contract are to be taken as mutually explanatory of one another. If
there is an ambiguity or discrepancy in the documents, the Employer shall issue any necessary clarification or
instruction to the Consultant which shall be binding on the Consultant; and priority of the documents shall be
as follows:
a) Agreement
b) Notice to proceed with the work
c) Letter of Award (LOA)
d) Bidder’s Bid
e) Contract Data
f) Special Conditions of Contract
g) General Conditions of Contract
h) Scope of Work
i) Price bid and
j) Any other document listed in the RFP document will forming part of the Contract agreement.

3. Languages and Law


Languages of the agreement/contract communication shall be English. The agreement shall be
interpreted, constructed, and governed by the laws of India. The Consultant shall, at all times in its
performance of its obligations under this Agreement, be responsible to comply with all the Applicable
Law, including, without limitation, those rules or regulations enacted or issued by the Employer.

4. Information
The Employer shall within a reasonable time give to the consultant, free of cost, all information which
he is able to obtain, and which may pertain to the Services. But this will not relieve the responsibility of
the Consultant to collect all the necessary information from other organizations, agencies etc. to the
execution of the work assigned.

5. Decision
On all matters properly referred to it in writing by consultant. LDA shall give a decision in writing within
a reasonable time.

6. Assistance
While it shall be the primary responsibility of the Consultant to obtain necessary information from other
organizations to execute the contract and to perform the services specified therein, the Employer shall
assist Consultant in:
i. providing unobstructed access wherever it is required for the services.
ii. providing access to other organizations for collection of information.

7. Agreement Effective Date


Letter of Award (LOA) issued by the Employer shall be deemed to be binding agreement between the
Employer and the Consultant till such time the contract agreement is executed. The Contract shall come
into effect from the date of issue of the Letter of Award (LOA) by the Employer or the date mentioned in
the LOA, whichever is later.

8. Commencement and Completion


8.1. The date of commencement shall be from the date of issue of Letter of Award (LOA) by the Employer or the
date mentioned in LOA, whichever is later.

8.2. The Services shall be commenced and completed at the times or within the periods stated in Special Conditions
of Contract subject to extensions in accordance with the Agreement.

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8.3. Completion of services of the Consultant shall be certified upon final submission of all the documents/manuals,
designs, drawings covered under the scope of this contract. If all the documents/manuals have been
satisfactorily submitted, the Employer/Employer’s representative shall issue the Completion Certificate.

9. Notice
Notices under the Agreement shall be in writing and will take effect from receipt at the address stated
in the Agreement. Delivery can be by hand or facsimile message or email against a written confirmation
of receipt or by registered letter or by telex subsequently confirmed by letter.

10. Press / Media Relations


i. Under any circumstances, no employee of the Consultant shall, except with the prior written sanction of
the Employer, shall participate in a radio/TV broadcast or contribute to any article or write any article or
letter either in his own name or anonymously, pseudonymously, or in the name of any other person, to any
newspaper or periodical or shall give an interview to any media persons.
ii. The Employers policy regarding responding to Press/Media shall be enforceable on all parties associated
with this agreement.

11. Submission of Program


The consultant shall submit programs and Schedules including detailed breakup of activities as per
contractual provisions for approval by LDA within 30 days of issue of LOA and update them regularly
(every 60 days) to assist the Employer in tracking the progress of works. These programs and schedules
are for Employer’s use only.

12. Equipment and Facilities


The Consultant shall secure for itself and its employees all equipment, transport facilities and services
that may enable it to perform its obligations under the contract.

The Consultant shall at all times give to the Employer or to any other person authorized in writing by the
Employer, access to premises occupied by the Consultant where the Consultancy Services are being
undertaken and shall permit those persons to inspect and audit the performance of the Consultancy
Services and any Contract Material or other material related to the Consultancy Services.

13. Provision of consultancy services


13.1. The Consultant shall
i. Inform itself of the Employer’s requirements in respect of the Consultancy Services;
ii. Consult regularly with the Employer throughout the performance of the Consultancy Services; and
Act professionally at all times in the performance of the Consultancy Services, exercising the skill,
care, economy, efficiency and
iii. due diligence in accordance with generally accepted professional standards & practices and shall
observe sound management practices and employ appropriate technology, safe and effective
equipment, material and methods.
iv. The Consultant shall always act in respect of any matter relating to this contract or to the services as
a faithful advisor to the Employer and shall at all times support and safeguard the Employer’s
legitimate interests in any dealings.
v. The Consultant shall provide professional, objective, and impartial advice and at all times hold the
Employer’s interest paramount.
vi. The Consultant shall propose, employ, and provide such qualified and experienced experts and sub-
consultants as are required to carry out the services.

13.2. Code of Professional Ethics


i. The Consultant shall have no direct or indirect interest in commercial, manufacturing, or contracting
activities that might tend to influence its professional judgement. It is remunerated solely by the fees
paid to it by the Employer.
ii. The Consultant shall approach all assignments objectively and by using sound technical and economic
principles that provide solutions which serve the best interests of the Employer.
iii. The Consultant shall give a declaration that it has no financial or managerial ties with other
organizations that could influence its independence.

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14. Performance standards


i. All services performed under this agreement shall be performed by the Consultant and its sub-consultants
in a manner consistent with
a. the latest Indian and International standards and codes applicable for the projects of this type,
scope and complexity of the project and also applicable to those who provide similar services;
b. the applicable laws;
c. the terms of this agreement; and
d. using their professional skill and judgement.
ii. The Consultant is required to comply with the Employers policies and procedures as may from time to time
to be in force.

iii. Not withstanding any review of its organization structure, staff or manning schedules, the Consultant shall
remain wholly responsible for the provision of stipulated services.

iv. If in the opinion of the Employer/Employers representative, the progress or performance of the consultant’s
work is seen to be at any time inadequate to meet those requirements, the Consultant shall take the
necessary steps to improve them on being notified.

v. If within a reasonable period, the Consultant has not improved its progress or performance, the
Employer/Employer’s representative may by way of written notice require it to take additional measures,
including changes in its organization at no additional cost to the Employer. Such notice shall be in no way
deemed to constitute a waiver of Employer/Employers representative’s rights to terminate the agreement
by reason of the Consultant’s breach of contract.

vi. Failure by the Employer/Employer’s representative to issue such a notice shall not relieve the Consultant of
its obligations to achieve the required rate of progress and quality of work.

15. Addressing ambiguities


To the extent there are any ambiguities and/or conflicting terms and provisions as between the
Consultant’s proposal and this contract, this contract shall control and govern.

16. Care and supply of documents


i. The drawings and specifications submitted by the Consultant shall be in the custody and care of the
Employer. The Consultant shall keep in the office set up for the execution of the contract, a copy of the
contract, publications named in the specifications, the documents and drawings, variations and other
communications given under the Contract. The Employers personnel shall have the right of access to all
these documents at all reasonable times.

ii. If a Party becomes aware of an error or defect in a document which was prepared for use in executing the
works, the Party shall promptly give notice to the other Party of such error or defect.

iii. Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request
test or similar act by the Employer /Employers representative/Engineer (including absence of disapproval)
shall not relieve the Consultant from any responsibility he has under this Contract, including responsibility
for errors, omissions, discrepancies, and noncompliance’s.

17. Delayed Drawings / Submissions


The Consultant shall give notice to the Employer whenever the Work are likely to be delayed or disrupted
to the extent that any necessary drawing could not be issued to the consultants engaged by the Employer
within a particular time, which shall be reasonable. The notice shall include details of the necessary
drawing or instruction, details of why and by when it should be issued, and the nature and amount of the
delay or disruption likely to be suffered if it is late.

If the consultants engaged by the Employer suffers delay and/or incurs Cost as a result of a failure of the
Consultant to issue the notified drawing within a time which is reasonable and is specified in the notice
with supporting details, the consultant’s claim in this regard shall be assessed case to case basis and
charged in accordance with Consultant’s responsibility for the delay.

18. Liability of consultant to the employer

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Consultant shall be liable to the Employer till the issue of the Performance Certificate. The Employer
shall issue Performance Certificate to the consultant after the completion of duration of professional
liability, as stated in Clause 21.

The Consultant shall be issued Performance Certificate by the Employer stating that the consultant has
completed his obligation to the Employer’s satisfaction. Only the issue of Performance Certificate shall
be deemed as fulfilment of consultant’s obligations with respect to this contract.

Consultant shall only be liable to pay compensation to the Employer arising out of in connection with the
Agreement for a breach of Contract. Such compensation shall be limited to the amount specified against
limitation of Liability mentioned in Conditions of Contract.

19. Communications
The Consultant shall comply with all written procedures, issued by the Employer from time to time, for
conduct of communications to deal with matters relating to the planning, programming, design, and
construction of the Project.

After every meeting, the consultant shall prepare Minutes of Meeting and submit to the Employer for
approval and circulation to other parties.

20. Taxes and Duties


20.1. The Consultant shall ensure full compliance with the prevailing tax laws of India and its Country (in case the
Consultant is a foreign entity) with regard to this contract and shall be solely responsible for the same. The
Consultant shall keep the Employer fully indemnified against any liability or tax, interest, penalty etc. of the
Consultant in respect thereof, which may arise.

20.2. The Consultant shall maintain complete records in respect of payments made for taxes, duties, GST, Octroi
and other levies payable to various authorities. These records shall remain open for inspection by the
Employer at any time and shall be made available to the Employer as and when required.

20.3. All duties, taxes [except Goods and Service Tax (GST)], royalties, cess, and other levies payable by the
Consultant under the Contract, or for any other cause (including standard specifications), as on the date 28
days prior to the deadline for submission of bids, shall be included in the rates and prices and the total Bid
Price submitted by the Consultant. GST will be paid as applicable on the submission of GST Invoices for first
RA bill. The subsequent RA bill shall be raised for payment upon submission of documentary evidence towards
payment of GST collected on the previous bill to the GST Authorities. However, if subsequent bills are raised
before return submission date of previous bill period, the documentary evidence towards payment of GST shall
be provided within 7 days from the due date of such return filing. The Final bill/single bill payment shall be
released on the undertaking by the consultant for providing evidence within 7 days from the due date of such
return filing for final bill based on GST provision for due dates.

21. Duration of professional liability


Consultant shall not be considered liable for any loss or damage resulting from any occurrence unless a
claim is formally made on him before the expiry of the relevant period stated in Special Conditions of
Contract, or such earlier date as may be prescribed by law.

22. Change in legislation


Changes in the rate of existing taxes/duties/ cess relevant to the Contract, as applicable 28 days prior to
the last date of submission of bid, will be considered a Change in legislation. Such additional /reduced
cost shall be certified by the Employer after examining the records provided by the Consultant and shall
be paid or credited to the Employer accordingly.

22.1. The rates and prices quoted by the Bidder shall not be Adjustable for changes in cost.

23. Conflict of interest

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Unless otherwise agreed in writing by the Employer, the Consultant and his personnel shall have neither
any interest in nor receive remuneration in connection with the Project except as provided for in the
Agreement.

The Consultant shall take all reasonable measures to ensure that its employees, agents, subconsultants
do not, during the Contract execution, engage in any activity or obtain any interest which is in conflict
with providing services to the Employer fairly and independently.

The Consultant has an obligation and shall ensure that its personnel shall have obligation to disclose any
situation of actual conflict that impacts their capacity to serve the best interest of the Employer. Failure
to disclose such situations may lead to termination of contract.

The Consultant shall also not engage any employee of the Employer directly or indirectly for period of
two years after leaving the service of the Employer.

On receipt of notice of conflict of interest, the Employer may decide upon the action to be initiated.
Employer reserves the right to suspend the services of consultant or to proceed to termination, as
necessary.

24. Corruption and fraud


The consultant shall neither give, provide, or offer nor shall receive, ask, or accept, any loan, fee, reward,
gift or any emolument or advantage whatsoever beyond the provisions of this agreement.

Wherever possible, any issues relating to conduct, competence and behavior should be identified and
resolved internally by the Consultant, but the Employer should keep informed of such occurrences.

In order to prevent and detect fraud, the Employer may at any time:
a) Share information about the consultant with other organizations including the police, vigilance, etc.

b) Conduct/allow the Law Enforcement officials to conduct searches of the consultants’ premises.

c) Check and share details with fraud prevention and detection agencies, as may be necessary.

In the event of any breach of this condition, the Consultant shall be deemed to have breached the
contract and the Employer shall, without prejudice to any other rights the consultant, it may possess, be
at liberty forthwith to terminate this contract and to recover from the consultant any loss or damage
resulting from such termination

However, should the employer consider that the Consultants conduct or behavior may be in breach of
code of conduct, or that the Consultant’s professional competence has been called into question, Notice
may be issued to the Consultant requiring explanation in this regard but the consultant will be liable to
pay compensation to the Employer if the breach is established.

In the event of termination on such grounds, the Employer is also entitled to recovery of any additional
expenses incurred for preceding the work till completion.

25. Publication
Consultant, either alone, or jointly with others, cannot publish, disclose or divulge, any material relating
to the Services to any third party without the written permission from the Employer. The Consultant shall
implement appropriate technical and organizational measures to protect the data/information regarding
the project against unauthorized or unlawful processing and against accidental loss, destruction,
damage, alteration, or disclosure.

26. Obligations of consultant


26.1. Scope of services

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i. Consultant shall perform Services relating to the Project. The Scope of the Services is stated in Volume 5
Scope of Work of the bid documents
ii. Consultant shall exercise reasonable skill, care, and diligence in the performance of his obligations under
the Agreement and shall adopt best design practices for the performance of services.
iii. The Employer has endeavored to delineate the scope of services to be performed by the Consultant. Such
descriptions are not intended to be comprehensive. The Consultant shall be required, without adjustment
to the accepted contract value, to provide any services that are within the scope of its field of professional
practice and that are reasonably inferable as being necessary or that would be customarily furnished by
other providers of professional services of the type and nature provided for in this agreement, to
accomplish the Services set out in this contract.
iv. The Consultant shall always act in respect of any matter relating to this contract or to the services as a
faithful advisor to the employer and shall at all times support and safeguard the employer’s legitimate
interest’s paramount.
v. The Consultant shall provide professional objective and impartial advice an at all times hold the Employers
interest paramount.
vi. Except with the prior written consent of the Employer, the Consultant and the Experts shall not at any time
communicate to any person or entity any 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. In this regard, a Non-Disclosure Agreement as provided in Volume 7: Contract Agreements is
to be signed by the consultant.

26.2. Interface
Where the Services include the co-ordination between the Consultant and other Consultants /Experts
employed on the Project, the Consultant shall provide such co-ordination. The Consultant shall obtain, co-
ordinate and submit to the Employer's Representative for his information and approval all details, drawings,
quantities, specifications arising from such co-ordination with others. Such co-ordination will take place
throughout the period of the Services and it shall be the responsibility of the Consultant to document the
same.

27. Representatives
For the administration of the Agreement the Consultant shall designate the officials or individuals to be
his representatives as Team Leader as proposed by him in its bid. The above team leader shall attend
all meetings with the Employer. The above team leader will be responsible for planning, organizing and
securing resources for ensuring the successful completion of the project by coordinating with different
teams to develop a coherent output through the co-ordination of various interfaces. All communication
from the Employer shall be addressed to the Team Leader. All communications from the Consultant to
the Employer or any other authority shall be done by the Team Leader only. Similarly, all
design/drawings/reports/documents from the Consultant shall be issued by the Team Leader only and
only under exceptional circumstances, such communications shall be done by any other person of the
Consultant who shall be duly authorized for the same.

28. Deployment/Replacement of personnel


28.1. All persons employed by the Consultant shall be the employees of consultant and not of LDA. The Consultant
shall be solely responsible for any workers’ compensation obligations, withholding taxes, unemployment
insurance, all statutory obligations, and any other Employer obligations with respect to all employees
working for the Consultant.

At least 2 Key Persons, as finalized after the negotiations, shall be deployed within the time stated in the
Letter of Acceptance. These persons shall be physically available in the office of the Authority for the
execution of the contract as per the work requirement during the entire period of implementation of the
contract for better coordination, collection of data and timely completion of project. In case of failure of the
consultant to deploy the above 2 key persons as per the agreed deployment schedule, penalty as stated in
the Special Conditions of Contract shall be imposed on the Consultant.

Other team members including team lead shall be available for meetings whenever called by the authority

The employer will not normally consider request of the selected bidder for substitution of Key Persons
except under exceptional circumstances. However, such substitution shall be limited to once in each

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category for whole contract period, with equally or better person/expert than the replaced one. Such
substitution shall be subject to levy of penalty as stated in Special Conditions of contract.

28.2. Substitution of the Team Leader will not normally be considered and may lead to disqualification of the bidder
or termination of the Agreement, except in case of long-term disability or loss of life. In such cases,
substitution may be permitted by the Employer on the merit of the case and availability of sufficient evidence,
at the sole discretion of the Employer; subject to equally or better qualified person is provided by the
Bidder/Consultant. Such substitution shall attract imposition of penalty as stated in Special Conditions of
Contract.

28.3. Replacement of personnel as per the requirements of employer


In case the Employer is not satisfied with the performance of any personal of the Consultant, such
person shall be replaced on Employers request with a person acceptable to the Employer.

28.4. Penalty for delayed submission as per milestone


a) First default – penalty of 0.5% of the total contract value and warning shall be issued with
a stipulated new timeframe as approved by the Committee
b) b) Second and subsequent defaults- penalty of 1.0% of the total contract value for the
quarterly milestone in which default has been made and provisions of clause of 54.2 shall
be applicable

29. Assignment and sub-contracts


i. The Consultant shall not, without the written consent of the Employer, assign the benefits from the
Agreement other than money
ii. The Consultant shall not assign obligations under the Agreement (to Sub-Consultant / Sub-Consultants)
without the written consent of the Employer.
iii. The Consultant shall not without the written consent of the Employer initiate or terminate any sub-
Consultant for performance of all or part of the Services
iv. With prior approval of Employer, the consultant may engage subconsultant for specialized works i.e.,
Surveys (Topographical surveys, Drone surveys, Traffic related surveys, Demographic surveys,
Geotechnical investigations, surveys for the purposes of Environmental Management Plan (EMP) and the
like.
v. While submitting its proposal for seeking the Employer’s approval with respect to engagement of each
Subconsultant in accordance with this Sub- Clause 29.0, the Consultant shall ensure that total value of
Works proposed to be undertaken through subcontracting shall not be more than 50% of the Contract Price.
vi. The value of a sub-contract, as and when awarded, shall be intimated by the Consultant to the Employer
along with a certification that the cumulative value of all sub-contracts awarded then is within the aforesaid
threshold of 50% of the Contract Price.

29.1.
i. The Consultant shall provide sufficient superintendence, to ensure that the works to be carried out by a
Subconsultant comply with the requirements of the Contract.
ii. The Consultant shall ensure that the Subconsultant(s) proposed to be appointed shall have the requisite
experience during last 7 years prior to the proposed appointment in relation to the work proposed to be
subcontracted and details of the same are provided to the Employer while seeking the approval.
iii. The Consultant shall release payment to the Subconsultant promptly to ensure that the execution of works
is not affected in any manner whatsoever.
iv. The Consultant shall indemnify and hold the Employer harmless against and from any claim of sub-
consultant.

30. Performance security


The Consultant shall deliver the Performance Security, as specified in the ‘Instruction to Bidders’, to the
Employer within 30 days after receiving the Letter of Acceptance. The Performance Security shall be
issued by an entity and from within a country (or other jurisdiction) approved by the Employer and shall
be in the form as given in Volume VIII (Securities and Other Forms) or in other form specifically approved
by the Employer. Performance security will be 5% of the final contract amount.

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The Consultant shall submit the Performance Security in any of the following forms:
a) Unconditional and irrevocable Bank Guarantee from a Banks as under:
a. a Scheduled Commercial Bank in India, having branch in Lucknow.

30.1. Validity of Performance Security


The Consultant shall submit Performance Security in two Parts of 2.5% each. The first part of performance
security (2.5%) shall initially remain valid up to 60 days beyond the issue of completion certificate and second
part (2.5%) shall remain valid up to 60 days beyond the issue of performance certificate. In case of extension
of time, the validity of the performance security shall be accordingly extended.

The first part (2.5%) of Performance Security shall be released on completion of entire work on issue of
completion certificate. The second part (2.5%) of Performance Security shall be released after issue of
performance certificate.

Such Performance Security shall be valid for period stated in the Special Conditions of Contract and in case of
extension of time the validity of the same shall be extended for further period. The Employer reserves the right
to forfeit the performance guarantee amount, in the event of termination of the Contract in accordance with
Clause 54.

If the Consultant fails to provide, maintain, and renew the Performance Security in accordance with the
Contract, then the Employer shall, without prejudice to any other rights and remedies to which it may be
entitled, shall have the right to invoke the Performance Security. The Employer reserves the right to terminate
the Contract. Upon any encashment and appropriation of the Performance Security, the Consultant shall,
within 14 (fourteen) days thereof, replenish the Performance Security to the original level.

31. Change in constitution of the consultant.


The Consultant shall promptly notify and obtain the approval of the Employer for any changes in the
constitution of the Consultant. It shall be open for the Employer to terminate the Agreement upon
change in the constitution of the Consultant. It shall be also open for the Employer to terminate the
Agreement, upon loss of life, retirement, insanity, or insolvency of any person being the
proprietor/partner in the Consultant, or on the addition or introduction of a new partner managing the
Project for the Consultant without the prior approval in writing of the Employer.

But in absence of and until its termination by the Employer as aforesaid, this Agreement shall be in full
force and effect, notwithstanding any changes in the constitution of the firm by loss of life, retirement,
insanity, or insolvency of any of its proprietors/partners or addition or introduction of any new partners.
In case of loss of life or retirement, the surviving or remaining partners of the firm shall be jointly and
severally liable for the due and satisfactory performance of all terms and conditions of the Agreement,
and likewise on the addition of a new partner, the latter will also become jointly and severally liable

32. Professional Indemnity Insurance (PII)


The Consultant shall effect and maintain professional Indemnity Insurance (PII) for the amount equal to
the contract value as stated in the Letter of Acceptance, with unlimited number of incidents in respect
of design and services to be carried out by, on behalf of the Consultant valid from the date of
commencement till one year after the date of issue of completion certificate as mentioned in clause 8.3
above, to the Consultant. The PII shall be jointly in name of consultant and employer.

PII Policy shall be obtained within four weeks from ‘date of commencement’ and before any payment is
released to consultant. The insurance which shall ensure the Consultant’s liability by reason of
professional negligence and errors in respect of all works covered under scope of work, shall be valid
from the date of commencement of works, until the expiry of duration of liability as stipulated in clause
21 of General Conditions of Contract and clause 13 of Special Conditions of Contract. It is a deemed
accepted condition of contract that the Consultant indemnifies and save harmless the Employer from
and against all claims and proceedings on account of infringements of patents rights, design, trademark

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name etc. In the PII policy, the deductible amount shall not be more than 5% of accepted final claim in
any one incident.

The employer will not issue final payment certificate until the Consultant has produced evidence that
coverage of Professional Indemnity Insurance has been provided for the aforesaid period.

In case the consultant intends to utilize the existing umbrella Insurance policy already obtained by the
consultant, in the cover note / letter issued by the insurance company incorporating the name of this
work in the umbrella policy, it shall mention the LDA as the beneficiary and consultant shall procure an
undertaking from the Insurance Company in this regard.

In case the value of existing umbrella policy is inadequate to cover the contractual requirement of this
assignment than consultant shall ensure that the value of existing umbrella policy is enhanced suitably
to cover this assignment.

In case the existing umbrella policy is an annual policy, then consultant shall ensure and renew the
validity of policy annually to cover the entire period of this contract.

AOA (any one accident) limit equal to total contract value with AOY (any one year) with unlimited
occurrence in the PII policy, the deductible amount shall be 5% of claim amount or as per requirement of
statutory regulations.

The insurance policy shall include a cross-liability clause such that the insurance shall apply to the
Consultant and the Employer as separate insureds.

33. Modification and variations


The Contract can be modified including modification in Contract Amount and Scope, in writing by
employer. In the event of any additional services to be performed by consultant, the consultant shall
obtain prior written approval from the Employer, on the time and cost involved in performance of the
additional services.
The agreement scope may be subject to variations including omissions, alternations, and additions. If a
variation to the scope of works results in a change in the agreement value (positive or negative changes),
the financial implications will be calculated by the consultant, subjected to the acceptance by the
Employer using the original project specification, schedule of payments and scope of works as a basis.

If the Employer requests for variation, consultant has to submit the proposal.

Consultant may be entitled for extension of time or additional payments on the basis of merits of the
variation’s proposal in accordance with determination by Employer in this regard

34. Copyright
The copyright (including future copyright) of all documents and drawings prepared by the Consultant in
performance of the Services under the Agreement shall be vested with the Employer. All design
documents prepared by the Consultant, the design depicted in them, and any presentation material, shall
become upon their creation the property of the Employer whether the project for which they are made
is executed or not. Without limitation to the foregoing, the Employer shall hold and the Consultant shall
be deemed to have irrevocably assigned to the Employer in perpetuity with no reserved or retained rights
in any other persons or entities, all copyrights or other intellectual property rights relating to the design
documents. The Consultant may retain copies of the documentation prepared by them and may use and
adapt the contents of such documentation for his own use.

35. Consultants warranty of design


i. The Consultant shall be fully responsible for the suitability, adequacy, integrity, durability and practicality
of the Consultant’s proposal.

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ii. The Consultant warrants that the Consultant’s Proposals meet the Employer’s Requirements and are fit for
the purpose thereof. Where there is any inadequacy, insufficiency, impracticality, or unsuitability in or of
the Employer’s Requirements or any part thereof, the Consultant’s Proposal shall take into account, address
or rectify such inadequacy, insufficiency, impracticality or unsuitability at Consultant’s own cost.

iii. The Consultant shall indemnify the Employer against any damage, expense, liability, loss, or claim, which
the Employer might incur, sustain or be subject to arising from any breach of the Consultant’s design
responsibility and/or warranty set out in this Clause.

iv. The Consultant further specifies and is deemed to have checked and accepted full responsibility for the
Consultant’s proposals and warrants absolutely that the same meets the Employer’s Requirements:
a. Notwithstanding that such design may be or have been prepared, developed, or issued by the Employer, any
of Consultant’s Consultants, his sub-Consultants and/or his qualified personnel/persons or cause to be
prepared, developed, or issued by others.
b. Notwithstanding any warranties, guaranties and/or indemnities that may be or may have been submitted by
any other person
c. Notwithstanding that the same have been accepted by the Engineer.

The Consultant shall be fully responsible for the drawings, designs etc. & preparing, developing, and
coordinating all design Works to enable that part of the Works to be constructed and/or to be fully
operational in accordance with the Contract’s requirements.

36. Payment to the consultant


i. The employer shall make payment to the Consultant in accordance with the accepted rates/cost and as per
the stipulated stage payment schedule.

ii. Goods and Services Tax will be paid extra as per the prevailing tariff, on submission of certified GST invoices
as per the prevailing rules.

iii. Statutory deduction shall be made from the payments for which necessary TDS certificates shall be issued

iv. Payment shall be made by RTGS in the bank account of the consultant as per the details provided by the
consultant.

v. In case the Consultant is a Joint Venture, the payment shall be made only in the name of Joint Venture.

vi. In case the Consultant is a Consortium, if requested by the consultant, direct payment to the individual
members of the consortium can be made; on joint certification by the authorized representatives of
individual constituent member, after making requisite recoveries /deduction from the gross payment. In
this case, a notarized Memorandum of Understanding/Agreement jointly signed by authorized
representatives of all the constituent members of the Consortium to this effect need to be submitted to the
employer on commencement of the Work.

37. Time for payment


Payment to the Consultant shall be made within 60 days of receipt of an acceptable invoice from the
Consultant after completion of milestone as given at page no 98 of the RFP page no 98. In case the
invoice is not acceptable to the employer, the employer shall promptly return the invoice to the
consultant advising the deficiencies in the invoice.

38. Currency of payment


All payments shall be made in Indian Rupees

39. Disputed invoices


If any item or part of an item in an invoice submitted by the Consultant is contested by the Employer,
then the Employer shall give prompt notice with reasons and shall not delay payment on the balance of
the invoice.

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Maximum amount withheld on account of disputed item in any invoices shall not exceed 100% of the
value of the disputed item.

The Consultant shall promptly perform against any Consultancy Service or item thereof certified as not
being in accordance with the Contract, without raising additional claims to the Employer.
The Consultant will not be entitled to make any claim for payment in relation to such services disputed
in any invoice until the Employer has certified that the re-performed services are in accordance with the
Contract

40. Retention money


Retention money and modalities of its deduction shall be stated as following: -
a) Limit of Retention Money shall be 5% of accepted contract amount in each of the respective currency(ies).

b) Submission of Performance security for an amount of 5% of the accepted Contract value in proportion to
the currency(ies) as stated in accepted contract amount prior to first payment.

c) This retention amount will be released after issuance of Completion Certificate by the Employer.

41. Audit Requirement


The Employer reserves the right to carry out a audits and/or examination of the books, and the account,
including all supporting vouchers, abstracts, etc. and to make a claim on the consultant for the refund
of any excess amount paid to him, if as a result of such examination, any over-payment to him is
discovered to have been made in respect of any work done or alleged to have been done by the
Consultant, under the Contract. If any under-payment is discovered, the same shall be paid by the
Employer to the consultant. Such payments or recoveries, however, shall not be subject to any interest.

The consultant shall provide full and timely access for such Audit by the Employer, including inspection
of records and documentation. Such access shall include direct access to the work areas, storage
facilities, consultant’s project offices, and similar areas and facilities where any work is being conducted
for this project

42. Claims for loss or damage


Subject to Clause 23, any claim for loss or damage arising out of breach or termination of the Agreement
shall be agreed between LDA and the Consultant, failing which the same shall be referred to arbitration
in accordance with Clause 58.

Except in the event of the Employer’s failure to make undisputed payment of the compensation due to
consultant, notwithstanding any disputes between Employer and consultant hereunder or in connection
with the Project, the consultant and the Employer shall each continue to perform their respective
obligations hereunder; including the obligation of the consultant to continue to provide and perform
services hereunder pending a subsequent resolution of such disputes

43. Employers claim


If the Employer considers himself to be entitled to any payment under any Clause of these conditions or
otherwise in connection with the Contract, and/or to any extension of the Duration of Professional
Liability, the Employer shall give notice along with particulars to the consultant. The particulars shall
specify the basis of the claim and shall include details of the amount which the Employer considers him-
self to be entitled in connection with the contract. Consultant shall respond to the notice within 21 days
failing which the Employer’s claim shall be final and binding on the consultant and construed to be
settled.

44. Limit of Employer’s Liability


The Employer shall have no liability in respect of any claim made or any award of compensation in respect
of redundancy or unfair or wrongful dismissal to any employee of the Consultant in respect of his or her
service with the Consultant or arising from the operation of the Employer’s policies/security measures.

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45. Force majeure


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

a) Neither party shall by reason of such event be entitled to terminate the Contract or have claim for damages
against the other in respect of such non-performance or delay in performance.

b) The obligations under the Contract shall be resumed as soon as practicable after the event has come to an
end or ceased to exist.

c) If the performance in whole or part of any obligation under the Contract is prevented or delayed by reason
of the event beyond a period mutually agreed to if any, or 90 days, whichever is more, either party may at
its option terminate the Contract.

d) In case of doubt, or dispute, whether a particular occurrence should be considered an “event” as defined
under this clause, the decision of the Engineer shall be final and binding.

e) Works that have already been measured shall be paid for by the Employer even if the same is subsequently
destroyed or damaged as a result of the event. The cost of rebuilding or replacing any work that has been
measured shall be borne by the Employer.

f) If the Contract is terminated under this Clause, the Consultant shall be paid fully for the work done which
has been destroyed or damaged before its measurement. The Employer shall have the option to take over
any plant and material lying at site, at rates provided for in the Contract, failing that, as per rates, which
are determined to be fair and reasonable by the Engineer.

If neither party issues notice regarding the event within 21 days of its occurrence, the said event shall
be deemed not to have occurred and the Contract will continue to have effect as such

46. Delays and liquidated damages


46.1. Time is the essence of the Contract. It shall be the bounden duty of the Consultant to strictly
adhere to the time for performance of various services indicated in the Contract. The contract key
dates for various activities in relation to this contract are as given in the Special Conditions of
Contract. The above dates shall be referred for the imposition of liquidated damages on the
Consultant for any delays.

46.2. In case of delays without valid reason, Liquidated damages shall be imposed on the Consultant as
described in Special Conditions of Contract.

46.3. Delay caused by Authority


If the following conditions apply, namely:
a) the Consultant has diligently followed the procedures laid down by the relevant legally constituted
public authorities in the Country,
b) these authorities delay or disrupt the Consultant work, and
c) the delay or disruption was Unforeseeable, then this delay or disruption will be considered as a cause
of delay under sub-paragraph 47.1(d) of Sub-Clause 47

47. Extension of time


47.1. The Consultant may apply for an extension of the Time for Completion if the Work is or will be delayed either
before or after the Time for Completion by any of the following causes:

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a) “Force Majeure” referred to in Clause 45

b) The Consultant’s work held up for not being given the details to be provided by the employer in
accordance with the Contract

c) Instruction of the Engineer to suspend the Works and the Consultant not being in default as to
reasons of suspension.

d) Acts or omissions of other agencies involved in the project not forming part of this Contract and on
whose performance, the performance of the Consultant necessarily depends, as stipulated in the
contract.

e) Any act of prevention or Breach of Contract by the Employer and not mentioned in this

f) Clause

g) Any order of Court restraining the performance of the Contract in full or in any part thereof

h) Any other event or occurrence which, according to the Employer is not due to the Consultant’s failure
or fault and is beyond his control without Employer being responsible for the same.

i) An Employer’s Variation

However, the Consultant shall not be entitled to any extension of time where the instructions or acts of the
Employer or the Engineer are necessitated by or intended to cure any default of or breach of Contract by the
Consultant or where any delay is due to
a) the failure of consultant, to commence or to carry out work in due time,

b) non-availability of inputs by the Consultant including its personnel

c) the Consultant not fulfilling his obligations under the contract

If the Consultant considers himself to be entitled to an extension of time for Completion, he shall give notice
to the Engineer of such intention as soon as possible and in any event within 28 days of the start of the event
giving rise to the delay and full and final supporting details of his application within 21 days of the last day of
delay, together with any notice required by the Contract and relevant to such Clause.

The Engineer shall proceed in accordance with the contract conditions to agree or determine either
prospectively or retrospectively such extension of the Time for Completion as may be due. The Engineer shall
notify the Consultant accordingly

47.2. Extension of time for completion for other reasons


The Consultant shall not be entitled to an extension of time by reason of any delay to any activity in carrying
out of the Works unless in the opinion of the Engineer such delay results in or may be expected to result in a
delay to completion of the Works, or achievement of any Stage by the relevant Key Date. Whether or not the
Consultant fails to achieve any key date by reason of any delay shall not by itself be material to the Consultant's
entitlement to an extension of time.

Any extension to a Key Date shall not by itself entitle the Consultant to an extension to any other Key Date

47.3. Extension of time delays due to consultant


If the delay in the completion of the whole Works or a portion of the Works, for which an earlier completion
period is stipulated, is due to the Consultant’s failure or fault, and the Engineer is of the view that the
remaining Works or the portions of Works can be completed by the Consultant in a reasonable and acceptable
short time, then, the Engineer may allow the Consultant extension or further extension of time at its discretion
with or without liquidated damages, for completion, as he may decide

48. Issue of notice

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The Notice shall be given as soon as practicable after the Employer/consultant became aware of the
event or circumstances giving rise to the claim.

A notice relating to any extension of the Duration of Professional Liability shall be given before the expiry
of such period.

49. Rights and liabilities of the parties


The Employer has the right to notify the Consultant that it wishes to modify its requirements in relation
to the Project.

Should a party be deemed liable to the other party, by way of indemnity or by reason of breach of contract
or otherwise, the Consultant’s liability shall be in aggregate equal to the total contract value.

No dispute arising gives either Party the right to suspend their obligations under the terms of this
Agreement.

All parties that form part of the consultant shall be jointly and severally liable to the Employer and/or
third parties for the execution of the contract.

50. Organization of the consultant


Promptly after the award of work, the Consultant shall set up an office in Lucknow for the execution of
works in this agreement.

51. Priority of documents


The documents forming the part of the Contract are to be taken as mutually explanatory of one another.
If there is an ambiguity or discrepancy in the documents, the Employer shall issue any necessary
clarification or instruction to the Consultant which shall be binding on the Consultant; and priority of the
documents shall be as follows:
a) Agreement

b) Notice to proceed with the work

c) Letter of Award

d) Bidder’s Bid

e) Contract Data

f) Special Conditions of Contract

g) General Conditions of Contract

h) Scope of Work

i) Price bid and

j) Any other document listed in the RFP document will forming part of the Contract agreement.

52. Abandonment and suspension


i. The Employer may suspend all or part of the Services or terminate the Agreement by notice of at least 30
days to consultant who shall immediately make arrangements to stop the Services and minimize
expenditure.

ii. If the Employer considers that Consultant is not discharging his obligations, the Employer can inform the
Consultant by notice stating grounds for the notice. If a satisfactory reply is not received within 07 days of
receipt of the notice by consultant. The Employer can by further notice terminate the Agreement provided
that such further notice is given within 30 days of the former notice

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iii. If Consultant is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors,
or if a receiver is appointed on account of his insolvency, or persistently disregards laws, ordinances, rules,
regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a breach of the
Agreement, then the Employer may terminate the Services of the Consultant as per the procedure given in
Clause 54 below

The Employer may complete the project by whatever method may be deemed expedient and the Consultant
shall not be entitled to receive any further payment.

53. Consequences of suspension


In circumstances where the Services or part of the Services have to be suspended or delayed, the
Consultant will be allowed extra time to complete the Services and such extra time should be determined
as reasonable in the circumstances. For events of delay on account of the consultant, all costs for the
extended period and consequential impact on other services including defect liability period, duration of
liability, etc., shall be borne by the consultant.

In the event that the suspension continues for more than 6 months, then this Agreement may be
terminated by the Consultant after issuing Notice to the Employer.

54. Termination
54.1. The Employer shall notify by issuing Notice to Correct (NTC) to the consultant when certain breach of terms
like delay, slow progress, etc. are foreseen or has occurred. The consultant shall respond to the NTC within 14
days by stating corrective actions to be taken to address the same failing which the Employer may terminate
by issuing a 14 days’ notice of termination.

The merits of the corrective actions by the Consultant against NTC shall be reviewed by the Employer. The
consultant shall within 28 days show significant and verifiable effort to correct its performance and provide
concrete evidence to the employer of consultant’s willingness and ability to execute the services under this
contract. If consultant fails to achieve the above the Employer reserves the right to terminate by issuing a
notice of termination.

54.2. Termination by Employer


The Employer shall be entitled to terminate the contract at any time if the consultant:
i. Fails to comply with any of the contractual requirements.

ii. Abandons work.

iii. Fails to proceed with work in accordance with the provisions of the contract.

iv. Become bankrupt or insolvent.

v. Commits fraud or tries to obtain undue advantage.

vi. Failure to adhere to key dates.

On termination, the consultant will be paid in accordance with the provisions of the contract for works executed
till the date of issue of Notice of termination, provided that official documents are submitted as proof.

The Employer reserves the right to forfeit the performance guarantee amount, in the event of termination of
the Contract in accordance with Clause 54.1 & 54.2.

54.3. Termination by the Consultant


The consultant is entitled to terminate the contract 45 days after issue of Notice under the following
conditions:
i. Prolonged suspension of work without due compensation being paid as mutually agreed.

ii. When the Employer becomes bankrupt/insolvent.

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iii. Delay of 56 days occurred after the specified period for payment due in accordance with contract
except for disputed items in any Invoice/Interim Payment Certificate.

55. Liability of consultant to the employer


Consultant shall only be liable to pay compensation to the Employer arising out of or in connection
with the Agreement if a breach of Contract is established against him.

Such compensation shall be limited to the amount specified for Professional Indemnity Insurance.

56. Exceptional circumstances


If circumstances arise for which the Consultant is not responsible and which make it impossible for
him to perform in whole or in part the Services in accordance with the Contract, he shall promptly
dispatch a notice to the Employer.

In these circumstances if certain Services have to be suspended, the time for their completion shall
be extended until circumstances no longer apply plus a reasonable period not exceeding 07 days
for resumption of them.

57. Rights and liabilities of the parties


Termination of the Agreement shall not prejudice or affect the accrued rights or claims and
liabilities of either party.

58. Claims, disputes, conciliation, and arbitration


58.1. Procedure of Claims
If the Consultant intends to claim any additional payment under any clause of these Conditions or otherwise,
the Consultant shall give notice to the Engineer as soon as possible and in any event within 28 days of the
start of the event giving rise to the claim. The Consultant shall also submit any other notices which are required
by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance.

The Consultant shall keep such contemporary records as may be necessary to substantiate any claim, either
on the Site or at any other location acceptable to the Engineer. Without admitting the Employer’s liability, the
Engineer shall on receipt of such notice, inspect such records, monitor the record-keeping and/or may instruct
the Consultant to keep further contemporary records. The Consultant shall permit the Engineer to inspect all
such records and shall (if instructed) submit copies to the Engineer.

Within 28 days of such notice, or such other time as may be agreed by the Engineer, the Consultant shall send
to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and
additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
a) this fully detailed claim shall be considered as interim;

b) the Consultant shall send further interim claims at monthly intervals, giving the accumulated amount
claimed, and such further particulars as the Engineer may reasonably require; and

c) the Consultant shall send a final claim within 28 days after the end of the effects resulting from the
event or circumstance, or within such other period as may be proposed by the Consultant and
approved by the Engineer.

If the Consultant fails to comply with this Sub-Clause, he shall not be entitled to claim any additional payment.

58.2. Payment for claims


The Consultant shall be entitled to have included in any Interim Payment Certificate such amount for any claim
as the Engineer considers due, after taking approval from the Employer. If the particulars supplied are
insufficient to substantiate the whole of the claim, the Consultant shall be entitled to payment for such part
of the claim as has been substantiated.

58.3. No legal action till dispute settlement procedure is exhausted

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Any and all Disputes shall be settled in accordance with the provisions of Clause 58. No action at law
concerning or arising out of any Dispute shall be commenced unless and until all applicable Dispute resolution
procedures set out in Clause 58 shall have been finally exhausted in relation to that Dispute or any Dispute
out of which that Dispute shall have arisen with which it may be or may have been connected.

58.4. Notice of dispute


For the purpose of Sub-Clause 58.5, a Dispute shall be deemed to arise when one party serves on the other
party a notice in writing (hereinafter called a "Notice of Dispute") stating the nature of the Dispute provided
that no such notice shall be served later than 28 days after the date of issue of Performance Certificate by
the Engineer.

58.5. Two stages for dispute resolution


Disputes shall be settled through two stages
a) Conciliation procedures as established by “The Arbitration and Conciliation Act-1996” & amended by
the Arbitration & Conciliation (Amendment) Act, 2015 and any statutory modification or re-
enactment thereof and in accordance with this Clause. In the event this procedure fails to resolve the
Dispute then;

b) Arbitration procedures undertaken as provided by “The Arbitration and Conciliation Act -1996” &
amended by the Arbitration & Conciliation (Amendment) Act, 2015 and any statutory modification or
re-enactment thereof. and in accordance with this Clause.

58.6. Conciliation
Within 60 days of receipt of Notice of Dispute, either party shall refer the matter in dispute to conciliation.

Conciliation proceedings shall be initiated within 30 days of one party inviting the other in writing to
Conciliation. Conciliation shall commence when the other party accepts in writing this invitation. If the
invitation is not accepted, then Conciliation shall not take place. If the party initiating conciliation does not
receive a reply within 30 days from the date on which he sends the invitation he may elect to treat this as a
rejection of the invitation to conciliate and inform the other party accordingly.

The Conciliation shall be undertaken by one Conciliator selected from a panel of Conciliators maintained by
the Employer. The Conciliator shall assist the parties to reach an amicable settlement in an independent and
impartial manner.

58.7. Conciliation Procedure


The Employer shall maintain a panel of Conciliators, who shall be serving or retired engineers of Government
Departments, or of Public Sector Undertakings. Out of this panel, a list of three Conciliators shall be sent to
the Consultant who shall choose one of them to act as Conciliator and conduct conciliation proceedings in
accordance with “The Arbitration and Conciliation Act, 1996” of India & amended by the Arbitration &
Conciliation (Amendment) Act, 2015 2015 and any statutory modification or re-enactment thereof.

There will be no objection if the conciliator so nominated is a serving employee of LDA who Group B level
officer would be and above.

The Employer and the Consultant shall in good faith cooperate with the Conciliator and shall endeavor to
comply with requests by the Conciliator to submit written materials, provide evidence and attend meetings.

Each party may, on his own initiative or at the invitation of the Conciliator, submit to the Conciliator
suggestions for the settlement of the dispute.

When it appears to the Conciliator that there exist elements of a settlement which may be acceptable to the
parties, he shall formulate the terms of a possible settlement and submit them to the parties for their
observations. After receiving the observations of the parties, the Conciliator may reformulate the terms of a
possible settlement in the light of such observations.

If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement
agreement. If requested by the parties, the Conciliator may draw up, or assist the parties in drawing up, the

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settlement agreement. When the parties sign the settlement agreement, it shall be final and binding on the
parties and persons claiming under them respectively.

The Conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.
As far as possible, the conciliation proceedings should be completed within 60 days of the receipt of notice by
the Conciliator.

The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect
of a dispute that is the subject matter of the conciliation proceedings.

58.8. Termination of conciliation proceedings


The conciliation proceedings shall be terminated:
a) by the signing of the settlement agreement by the parties on the date of agreement; or

b) by written declaration of the conciliator, after consultation with the parties, to the effect further
efforts at conciliation are no longer justified, on the date of declaration; or

c) by a written declaration of the parties to the conciliator to the effect that the conciliation proceedings
are terminated, on the date of declaration; or

d) by a written declaration of a party to the other party and the conciliator, if appointed, to the effect
that the conciliation proceedings are terminated on the date of declaration.

Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give
written notice thereof to the parties. The costs shall be borne equally by the parties unless the settlement
agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by
that party.

58.9. Arbitration
If the efforts to resolve all or any of the disputes through conciliation fails, then such disputes or differences,
whatsoever arising between the parties, arising out of touching or relating to construction/ manufacture,
measuring operation or effect of the Contract or the breach thereof shall be referred to Arbitration in
accordance with the following provisions
a) Only through DB, together with counter claims or set off, given by the Employer, shall be referred to
arbitration. No other matter shall be included in the reference.

b) The Arbitration proceedings shall be presumed to have commenced from the day, a valid written
notice for arbitration is received by Vice Chairman, Lucknow Development Authority.

c) Any dispute referred to arbitration shall be settled in accordance with the Arbitration & Conciliation
Act, 1996 (26 of 1996) as amended from time to time.

58.9.1 Arbitrational Tribunal:


Number of Arbitrators: The Parties to the contract have agreed that the arbitration tribunal shall consist of:
i. Sole Arbitrator in cases where the total value of all claims in question added together does not exceed
Rs. 2.00 crores.

ii. Three arbitrators in all other cases.

58.9.2 Procedure for Appointment of Arbitrators:


The arbitrators shall be appointed as per following procedure:
i. In case of Sole Arbitrator:
Within 60 days from the day when a valid written notice for arbitration is received by VC/LDA, the
Employer will forward a panel of three names to the Consultant. The Consultant shall have to choose
one Arbitrator from the panel of three to be appointed as Sole Arbitrator within 30 days of dispatch of
the request by the Employer. In case the Consultant fails to choose one Arbitrator within 30 days of
dispatch of the request of the Employer then the Vice Chairman/Lucknow Development Authority
(VC/LDA) shall appoint anyone as Arbitrator from the panel of three Arbitrators as a sole Arbitrator.

ii. In case of three Arbitrators

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a. Within 60 days from the day when a valid written notice for Arbitration is received by VC/LDA,
the Employer will forward a panel of five names to the Consultant. The Consultant will then
give his consent for any one name out of the panel to be appointed as one of the Arbitrators
within 30 days of dispatch of the request by the Employer.

b. Employer will decide on one name out of the panel as the second Arbitrator. VC/LDA shall
appoint the two Arbitrators, including the one Arbitrator for whom consent was given by the
Consultant, within 30 days from the receipt of the consent for one name of the Arbitrator
from the Consultant. In case the Consultant fails to give his consent within 30 days of dispatch
of the request of the Employer, then VC/LDA shall nominate both the Arbitrators from the
panel.

c. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties out of
the panel of five Arbitrators or from the larger panel of Arbitrators to be provided to them by
Employer on the request of two appointed Arbitrators (if so required) who shall act as the
Presiding Arbitrator. In case of failure of the two appointed Arbitrators to reach upon
consensus for the third Arbitrator within a period of 30 days from their appointment, then,
upon the request of either the Consultant or Employer or both, the Presiding Arbitrator shall
be appointed by the VC/ LDA, Lucknow.

d. If an Arbitrator appointed as above refuses to act as Arbitrator or withdraws from his office
as Arbitrator, or is unable or unwilling to perform his functions as Arbitrator for any reason
or the office falls vacant due to death or in the opinion of the VC/ LDA fails to act without
undue delay, the VC/ LDA shall appoint new Arbitrator to act in his place except in case of
new Presiding Arbitrator, who shall be chosen following the same procedure as mentioned in
para (ii)(c) above. Such re-constituted Tribunal may, at its discretion, proceed with the
reference from the stage at which it was left by the previous Arbitrator(s).

e. The Employer at the time of offering the panel of Arbitrator(s) to be appointed as Arbitrator
shall also provide information with regard to the qualifications of the said Arbitrators
nominated in the panel along with their professional experience, phone nos. and addresses to
the Consultant.

58.9.3 Qualification and Experience of Arbitrators


The Arbitrators appointed under sub-clause 58.9.2 shall have qualifications and experience, as under:
i. Arbitrator shall be:
a) A Serving/ Retired Officer (not below Chief Engineer level with which LDA has no business
relationship) of any discipline of Engineering or Accounts / Finance department, having
experience in Contract Management of Construction Contracts; or

b) A Retired Officer ( retired not below the SAG level in Indian Railways ) of any Engineering
Services of Indian Railways or Indian Railway Accounts Service, having experience in Contract
Management of Construction Contracts; or a Retired Officer who should have retired more
than 3 years prior to the date of appointment as Arbitrator (retired not below Chief Engineer
in LDA or a PSU with which LDA has no business relationship) of any Engineering discipline or
Accounts / Finance department, having experience in Contract Management of Construction
Contracts or retired judge of any High Court or the Supreme Court of India or reputed
Chartered Accountant & should be member of ICAI, New Delhi.

c) No person other than the persons appointed as per above procedure and having above
qualification and experience shall act as Arbitrator

58.9.4
Any new claim shall not be added during proceedings by the either party, provided a party may amend or
supplement the original claim or defense thereof during the course of arbitration proceedings subject to
acceptance by Tribunal having due regard to the delay in making it.

58.9.5
Neither party shall be limited in the proceedings before such arbitrator(s) to the evidence or arguments put
before the Engineer for the purpose of obtaining his decision. No decision given by the Engineer in accordance
with the foregoing provisions shall disqualify him from being called as a witness and giving evidence before

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

the arbitrator(s) on any matter, whatsoever, relevant to dispute referred to arbitrator/s. Neither party shall be
limited in the proceedings before such arbitrators to the evidence nor did arguments previously put before
during settlement through Conciliation proceedings.

58.9.6
It is agreed to by the Parties to the contract that in the case where Arbitration Tribunal consists of sole
Arbitrator, their disputes shall be resolved by fast-track procedure specified in sub-section (3) of section 29B
of the Arbitration and Conciliation Act, 1996 as amended from time to time.

58.9.7
If the Consultants does/do not prefer his/their specific and final claims in writing, within a period of 90 days
of receiving the intimation from the Employer/Engineer that the final bill is ready for signature of the
Consultant (s), he/they will be deemed to have waived his/their claim(s) and the Employer shall be discharged
and released of all liabilities under the contract in respect of these claims.

58.9.8
Arbitration proceedings shall be held at New Delhi, India and the language of the arbitration proceedings and
that of all documents and communications between the parties shall be in English

58.9.9
The Arbitration Tribunal shall record its day-to-day proceedings. The proceedings shall normally be conducted
on the basis of documents and written statements. All arbitration awards shall be in writing and shall state
item wise, the sum and detailed reasons upon which it is based. Endeavour shall be made for conduct of
Arbitration proceedings within a period of 180 days. Both the Parties should endeavor to adhere to a time
schedule for early finalization of award.

58.9.10
The award of the sole Arbitrator or the award by majority of three Arbitrators, as the case may be, shall be
binding on all parties. Any ruling on award shall be made by a majority of members of Tribunal. In the absence
of such a majority, the opinion of the Presiding Arbitrator shall prevail.

58.9.11
A party may apply for correction of any typographical or computational errors or any other error of similar
nature occurring in the award of a tribunal and interpretation of specific point of award to tribunal within 60
days of the receipt of award.

58.9.12
A party may apply to tribunal within 60 days of receipt of award to make an additional award as to claims
presented in the arbitral proceedings but omitted from the arbitral award.

58.10. Interest on Arbitrator Award


Where the arbitral award is for the payment of money, no interest shall be payable in the whole or in any part
of the money for any period, till the date on which the award is made.

58.11. Cost of Arbitration


The fees and other charges of the Arbitrators shall be as per the scales fixed by the Employer from time to
time irrespective of the fact whether the Arbitrator(s) is / are appointed by the Employer or by the court of
law unless specifically directed by Hon’ble Court otherwise on the matter and shall be shared equally by the
Employer and the Consultant. However, the expenses incurred by each party in connection with the
preparation, presentation will be borne by itself.

58.12. Jurisdiction of Courts


Where recourse to a court is to be made in respect of any matter, the court at Lucknow shall have the exclusive
jurisdiction to try all disputes between the parties.

58.13. Suspension of work on account of Arbitration


i. The ongoing work of the project shall in no case be interrupted or stopped in view of making reference
for conciliation/arbitration or its commencement.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

ii. The obligations of the Employer, Engineer and the Consultant shall not be altered by reasons of
arbitration being conducted during the progress of the Works.

Neither party shall be entitled to suspend the work or part of the work to which the dispute relates on account
of arbitration and payments to the Consultant shall continue to be made in terms of the Contract.

Page | 95
PART B – SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract
(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

Sl. No. GCC Clause SCC Description

RFP for “Consultancy services for preparation of Zonal Development


1. 1 (a) Project
Plans for Lucknow Master Plan 2031

2. 1(i) Engineer To be nominated by the Employer

1 (l) Time for


3. 12 months from Letter of Award
completion

1 (n) Effective Date of issue of Letter of Award (LOA) by the Employer or the date
4.
Date mentioned in the LOA, whichever is later.

6. 4 Information Information shall be provided at the earliest. However, reasonable time


shall not be more than 07 (seven) working days after consultant made
the request.

7. 5 Decisions Decisions shall be provided at the earliest. However, reasonable time


shall not be more than 07 (seven) working days after consultant made
the request.

8. 8 Commencement The services shall be commenced by the Consultant on the date of issue
and completion of Letter of Award (LOA). The works shall be completed within a period
of 12 months from the date of letter of award.

9. 8.3 Issue of 60 days from the date of completion of services as certified by the
completion Employer
certificate

10. 9 Notices Notices shall be delivered for the employer.

Chief Town Planner, Lucknow Development Authority,


Sector 38A, 2A, Gomti Nagar Ext Bypass Road, Vipin Khand, Gomti
Nagar, Lucknow, Uttar Pradesh
Email – ctpmlda@[Link]
11. 18 Liability of Equal to the contract value as stated in the Letter of Award issued by the
Consultant Employer to the Consultant

12. 21 Duration of Duration of Liability shall be a period of 12 months reckoned from the
Professional date of completion of services, as certified by the Employer.
Liability

13. 22 Changes in The accepted contract value shall be adjusted to take into account any
Legislation increase or decrease in cost after the date of submission of tender from:

a) a change in the Laws of India including introduction of new laws


and repeal or modification of existing laws; or

b) in the judicial or official governmental interpretation of such


laws; or
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

c) the commencement of any Indian law which has not entered into
effect until the date of submission of tender; or
d) any change in the rates of any of the taxes that have direct effect
on the contract
If as a result of change in law, interpretation or rates of taxes, the
consultant benefits from any reduction in cost for the execution of the
contract, save and except as expressly provided for in this clause or in
accordance with the provisions of the contract, the consultant shall
within 28 days from the date he becomes reasonably aware of such
reduction in cost, notify the employer of such reduction in cost.

14. 28.1 Penalty for A Penalty of amount equal to 0.1% of the total contract value or revised
non-deployment of contract value per month per key expert shall be imposed on pro rata
key persons as per basis for non-deployment of at least 2 key experts as per the agreed
the request of deployment schedule.
consultant
Substitution shall be limited to once for each category (excluding Team
Leader) for whole contract period, with equally or better person/expert
than the replaced one. In case, substitution of key persons (excluding
Team Leader) occurs more than once, than such substitution attract
penalty as stated below.

Lumpsum amount equal to 0.5% of the total contract value or revised


contract value for the replacement of Team Leader.

Lumpsum amount equal to 0.25% of the total contract value or revised


contract value per key person, for other key persons.

In case of absence of Team leader during any scheduled meeting for any
non-justifiable reason to the satisfaction of LDA, a penalty of Rs
25,000/- per meeting shall be made.

In case of absence of Key Expert during any Scheduled meeting for any
non-justifiable reason to the satisfaction of LDA a penalty of Rs.10,000/-
per meeting shall be made.

15. 36 Payment to the The accepted contract value includes all the services as stipulated in
consultant and the bid documents during the contract period/extended contract period
Payment Schedule whichever is later including all taxes [except Goods and Service Tax
(GST)] and duties shall cover all costs incurred by the Consultant for
performing the stipulated

Services. This shall not only include salaries, overheads and non-salary
expenses, all allowance for contingencies, fees, and profits, but all other
costs and expenses incurred in conducting the requirements of the
Services, and the taxes duties, fees, and other impositions under the
Applicable Laws. These costs shall include all costs for Subconsultants,
all other staff and any other professional fees or services incurred by the
Consultant. The accepted contract value shall also include all costs,
office expenses, travel charges, expenses and allowance paid to or on
behalf of expatriate staff working in their own country or in India.

Refer Enclosed APPENDIX-II to Volume 6, SCC for Payment Schedule.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

16. 46.1 Contract Key Refer Enclosed Appendix- I to Volume 6, SCC


Dates

17. 46 Liquidated For S. No 1 to 7 of Appendix- I to SCC ‘Key Dates’, The Liquidated


damages Damages shall be charged at a rate of 0.05% per week of delay on pro
rata basis calculated on total contract value or revised contract value.
(Period of delay shall be reckoned from Key Date)

The maximum limit of Liquidated Damages shall be 10% of the total


contract value or revised contract value as notified by the employer to
the Consultant.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Appendix 1
KEY DATES

The *Cluster wise key dates are defined for the major critical tasks to be conducted by consultant based on
the Stage Payments for each item of payment Schedule (APPENDIX II) of SCC (Volume VI) of the bid
document, as approved and accepted by LDA.

Detailed Work plan is to be submitted by the Consultant to the Employer within a week of the Effective
Date. (with schedule for meetings, review, approval, and submission)

The Consultant shall deliver the “Deliverables,” as mentioned in the table below, during this Consultancy.
Each Deliverable shall include drawing (GIS files, PDF, hard copies on suitable scale), report, presentations,
photographs & 3D views, GIS model as mentioned in the format column below. The deliverables shall be so
drafted that they could be given to the prospective Developer Entity / concerned agencies, area
improvement projects and conducting various development activities.
*Cluster as defined in Schedule-II of Scope of Work
Activity
completion
date in days Liquidated
(where ‘D’ is damage to
Stage Deliverables Format
effective be imposed,
date as if yes
mentioned
in LOA)
Submission & approval of
Inception report
• Presentation to development
authority and transit agency
(Inception report will layout the
1. Yes, as per
detailed methodology, work • 2 printed copies of report +
Inception plan, logistics, reconnaissance D+4 weeks subclause
presentation
stage survey etc. and how the 46 of GCC
consultant proposes to carry out • 2 digital copies of report +
the tasks laid out along with the presentation (in DVD/USB)
deliverables within the
stipulated timelines)
• Presentation to development
Submission & approval of authority and transit agency
report on existing studies and • 6 printed copies of the Base
data Map (in appropriate scale) Yes, as per
2.
• 2 printed copies of report and D+10 weeks subclause
Surveys and
(Detailing all surveys, studies maps (in appropriate scale) + 46 of GCC
studies stage
and analysis conducted under presentation
task 1, findings, and • 2 digital copies of report and
observations thereof) maps (in GIS format) +
Presentation (in DVD/USB)
Submission & approval of
report on demand • Presentation to development
assessment, visioning and authority and transit agency
3.
strategy • 2 printed copies of report and Yes, as per
Demand
maps (in appropriate scale) + D+16 weeks subclause
assessment
(Detailing all studies, presentation 46 of GCC
and visioning
assessments, workshops, and • Two digital copies of report and
stage
analysis conducted, including maps (in GIS format) +
vision, estimations, and Presentation – in DVD/USB
proposals under task 2)

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

• Presentation to development
Submission & approval of authority and transit agency
report on infrastructure
4. • 2 printed copies of Report and
creation, augmentation Yes, as per
Conceptual maps (in appropriate scale) +
within zones & conceptual D+22 subclause
plans and Presentation
zonal plans weeks 46 of GCC
proposals
stage • 2 digital copies of Report and
(Detailing all proposals and maps (in GIS format) +
concepts as given under Task 3) Presentation – in DVD/USB

• Presentation to development
authority and transit agency

• 8 printed copies of draft landuse


Submission & approval of plan and other key circulation
draft land use plan and Zonal and infrastructure proposals
development plan report; maps (convertible scale printed
Draft byelaws and in A0 sheets) + other relevant
development control norms maps (in appropriate scale) + all
5. reports including draft byelaws
Yes, as per
Draft zonal (Draft landuse plans, other and development control norms
D+32 weeks subclause
development maps and plans, draft zonal + presentation.
46 of GCC
plans Stage I development plan report,
• 8 Digital copies of draft landuse
report on byelaws and
plan and other key circulation
development control norms as
and infrastructure proposals
required under task 4, for
approval of transit agency, maps (in GIS format) + other
development authority, and relevant maps (in GIS format) +
public consultations thereafter) all reports including draft
byelaws and development
control norms + presentation –
in CD/USB

• Presentation to development
authority and transit agency
Submission & approval of
• 8 printed copies of draft landuse
draft landuse plan and zonal
plan and other key circulation
development plan report;
and infrastructure proposals
draft byelaws and
maps (convertible scale printed
development control norms
in A0 sheets) + other relevant
maps (in appropriate scale) + all
(Draft landuse plans, other maps
6. reports including draft byelaws
and plans, draft zonal Yes, as per
Draft zonal and development control norms
development plan report, report D+42 weeks subclause
development on byelaws and development
+ presentation
46 of GCC
plans stage-II control norms for incorporating • 4 Digital copies of draft landuse
relevant suggestions, objections plan and other key circulation
and feedback received from and infrastructure proposals
general public, approval by
maps (in GIS format) + other
transit agency, development
relevant maps (in GIS format) +
authority and onward
all reports including draft
submission to State
byelaws and development
Government)
control norms + presentation –
in CD/ USB

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031
• Presentation to development
authority and transit agency

• 4 Printed copies of final landuse


plan and other key circulation
and infrastructure proposals
maps (convertible scale printed
in A0 sheets) + other relevant
maps (in appropriate scale) + all
Submission of Final Land Use
reports including final byelaws
7. Plan and Zonal Development Yes, as per
and development control norms
Plan approval Plan Report; Final Byelaws D+52 weeks subclause
+ presentation
and final and Development Control 46 of GCC
submission Norms, as approved by the • 4 Digital copies of final landuse
State Government plan and other key circulation
and infrastructure proposals
maps (in GIS format) + other
relevant maps (in GIS format) +
all reports including final
byelaws and development
control norms

• + presentation – in CD/USB

1. Total time of the completion of the consultancy work is 52 weeks (365 days) excluding the time of
the final approval from the State Government
2. The Employer shall endeavour to provide approval / comments to the Consultant’s submissions for
each of the milestones at the earliest and not exceeding 20 days from the date of the submission
provided the submission by the Consultant is complete in all respects
3. Consultant shall obtain the in-principal approval from the concerned department within the above-
mentioned time period for each stage. However, final Approval of the reports (submitted by the
consultant) by the competent authority at various stages may take considerable time which shall not
be counted in the period of days mentioned in the above table.

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Appendix 2
Payment Schedule

Percentage
of fee of
lumpsum Cumulative
Stage Milestone achieved
cost quoted payment
in Sl. no. 1
of BOQ
Submission & approval of
inception report
• Presentation to development
(Inception Report will layout the authority
1.
detailed methodology, work • 2 printed copies of report +
Inception 10.00 % 10.00 %
plan, logistics, etc. and how the presentation
stage
consultant proposes to carry • 2 digital copies of report +
out the tasks laid out along with presentation – in CD/USB
the deliverables within the
stipulated timelines)
• Presentation to
development authority
Submission &
• 6 printed copies of the base
approval of report on existing
map for zones (in
studies and data
2. appropriate scale)
Surveys and • 2 printed copies of report 10.00 % 20.00 %
(Detailing all surveys, studies
studies stage and maps (in appropriate
and analysis conducted under
scale) + presentation
Task 1, findings and
observations thereof)
• 2 digital copies of report and
maps (in GIS format) +
presentation (in CD/USB)
Submission &
approval of report on demand • Presentation to
3. assessment, visioning and development authority
Demand strategy • 2 printed copies of report
assessment and maps (in appropriate
10.00 % 30.00%
and (Detailing all studies, scale) + presentation
visioning assessments, workshops, and • Two digital copies of report
stage analysis conducted, including and maps (in GIS format) +
vision, estimations and presentation – in CD/USB
proposals under Task 2)

Submission &
• Presentation to
approval of report on
development authority
4. infrastructure
• 2 printed copies of report
Conceptual creation, augmentation
and maps (in appropriate
plans and within zones & conceptual 15.00 % 45.00%
scale) + presentation
proposals zonal plans
• 2 digital copies of report and
stage
maps (in GIS format) +
(Detailing all proposals and
Presentation – in DVD/USB
concepts as given under Task 3)

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031
• Presentation to
development authority

• 8 printed copies of draft


landuse plan and other key
circulation and
Submission &
infrastructure proposals
approval of draft landuse
maps (convertible scale
plan and zonal development
printed in A0 sheets) + other
plan report; draft byelaws
relevant maps (in
and development control
appropriate scale) + all
5. norms
reports including draft
Draft Zonal byelaws and development
Development (Draft landuse plans, other 15.00 % 60.00%
control norms +
Plans maps and plans, draft zonal
development plan report, report presentation.
Stage-I
on byelaws and development • 8 Digital copies of draft
control norms for zones as landuse plan and other key
required under Task 4, for
circulation and
approval of transit agency,
infrastructure proposals
development authority, and
maps (in GIS format) + other
public consultations thereafter)
relevant maps (in GIS
format) + all reports
including draft byelaws and
development control norms
+ presentation – in CD/USB

• Presentation to
development authority and
transit agency

• 8 printed copies of draft


Submission & approval of
landuse plan and other key
draft landuse plan and zonal
circulation and
development plan report;
infrastructure proposals
draft byelaws and
maps (convertible scale
development control norms
printed in A0 sheets) + other
relevant maps (in
6. (Draft landuse plans, other maps
appropriate scale) + all
Draft Zonal and plans, draft zonal
reports including draft
Development development plan report, report 20.00 % 80.00%
on byelaws and development
byelaws and development
Plans control norms +
control norms for zones
Stage-II presentation
incorporating relevant
suggestions, objections and 4 Digital copies of draft
feedback received from general
landuse plan and other key
public, approval by transit
circulation and infrastructure
agency, development authority
proposals maps (in GIS format)
and onward submission to State
+ other relevant maps (in GIS
Government)
format) + all reports including
draft byelaws and
development control norms +
presentation – in CD/ USB

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

• Presentation to
development authority and
transit agency

• 4 Printed copies of final


landuse plan and other key
circulation and
infrastructure proposals
maps (convertible scale
printed in A0 sheets) + other
relevant maps (in
Submission of Final Land Use appropriate scale) + all
7.
Plan and Zonal Development reports including final
Plan
Plan Report; Final Byelaws byelaws and development
approval and 20.00 % 100.00%
and Development Control control norms +
final
Norms, as approved by the presentation
submission
State Government
• 4 Digital copies of final
landuse plan and other key
circulation and
infrastructure proposals
maps (in GIS format) + other
relevant maps (in GIS
format) + all reports
including final byelaws and
development control norms
+ presentation – in CD/USB

Note:
1. Payment for S. No. 1 to 6 above shall be released on approval from LDA
2. Payment for S. No. 7 shall be released once the Zonal Development Plan document(s) are
approved by the State Government, under provisions of the Uttar Pradesh Planning &
Development Act 1973.

Page | 104
VOLUME – VII
CONTRACT AGREEMENT
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

CONTRACT AGREEMENT

(To be executed in presence of Public Notary on non-judicial stamp paper of the appropriate value in
accordance with relevant stamp Act.)

THIS AGREEMENT made on the [date] day of [month], [year], between Lucknow Development Authority
(hereinafter “the Employer”), of the one part, and [name of the consultant] (hereinafter “the Consultant”),
of the other part:

WHEREAS the employer desires that the works known as ((Bid No. and name of work)
…………………………………………………………………………………………………), should be executed by the consultant, and
has accepted a bid by the consultant for the execution and completion of these works and the remedying of
any defects therein.

The Employer and the consultant agree as follows:

1. In this agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
agreement. This agreement shall prevail over all other contract documents
a) Contract agreement,
b) Letter of award,
c) Performance security
d) Letter of technical bid,
e) Price bid,
f) Addendum /Corrigendum no’s [insert addenda/corrigenda numbers if any] and replies to prebid
queries
g) Special conditions of contract,
h) General conditions of contract,
i) Technical bid of the bidder including replies to post bid queries, if any.
j) Invitation for bid, instructions to bidder, bid data sheet, evaluation and qualification criteria and
bidding forms.
k) Any other document
3. In consideration of the payments to be made by the employer to the consultant as indicated in this
agreement, the consultant hereby covenants with the employer to execute the works and to
remedy defects therein in conformity in all respects with the provisions of the contract.
4. The employer hereby covenants to pay the consultant in consideration of the execution and
completion of the Works and the remedying of defects therein, the contract price………………… (or
such other sum as may become payable under the provisions of the contract at the times and in
the manner prescribed by the contract.

5. This agreement is signed between ……………………. for and on behalf of the employer and
……………………., authorized signatory for and behalf of the consultant. The other documents forming
part of contract agreement mentioned in the para 2 above shall be signed by ………………………. for
and on behalf of the employer and ………………. authorized signatory for and behalf of the consultant.
IN WITNESS whereof the parties hereto have caused this agreement to be executed in accordance
with the laws of India on the day, month and year indicated above.

Signed by ……………………………………... Signed by ……………………………………...

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

………………………………………………….. …………………………………………………..

For and on behalf of the employer in the presence For and on behalf of the consultant in the presence
of of

Witness Witness

Name Name

Signature Signature

Address Address

Date Date

Page | 107
VOLUME – VIII
SECURITIES AND OTHER FORMS
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

A: Performance Security (in form of Bank Guarantee)


PERFORMANCE SECURITY (BANK GUARANTEE)
[On appropriate Stamp paper]
To

_____________________________________[name of Authority]

_____________________________________ [address of Authority]

Whereas_____________________________________[name and address of consultant] (hereafter


called "the Consultant") has undertaken, in pursuance of Contract No._____________ dated
________________to execute ___________________ [name of Contract and brief description of Works]
(hereinafter called "the contract").
And whereas it has been stipulated by you in the said Contract that the bidder shall furnish you with
a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his
obligation in accordance with the contract.
And whereas we, [<<Name of Bank>>] a banking company incorporated and having its
head/registered office at [<<Address of Registered Office>>] and having one of its offices at [<<Address of
Local Office>>] have agreed to give the bidder such a bank guarantee.

Now, therefore, we hereby affirm that we are guarantors and responsible to you, on behalf of the
bidder, up to a total of Indian Rupees [<<Insert Value>>] (Rupees [<<Insert Value in Words>>] only) and we
undertake to pay you, upon your first written demand declaring the consultant to be in default under the
contract and without cavil or argument, any sum or sums within the limits of Indian Rupees [<<Insert
Value>>] (Rupees [<<Insert Value in Words>>] only) as aforesaid, without your needing to prove or to show
grounds or reasons for your demand or the sum specified therein.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract documents which may be made
between you and the consultant shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition, or modification.
This Guarantee shall be valid until [<<Insert Date>>]) Notwithstanding anything contained herein:

I. Our liability under this bank guarantee shall not exceed Indian Rupees [<<Insert Value>>] (Rupees
[<<Insert Value in Words>>] only).

II. This bank guarantee shall be valid up to [<<Insert Expiry Date>>]

III. It is a condition of our liability for payment of the guaranteed amount or any part thereof arising under
this bank guarantee that we receive a valid written claim or demand for payment under this bank
guarantee on or before [<<Insert Expiry Date>>] failing which our liability under the guarantee will
automatically cease.
Signature and Seal of the guarantor ________________________

Name of Bank _________________________________________

Address _____________________________________________

Date_______________________________________________

Page | 109
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

Page | 110
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

B: Letter of award
LETTER OF AWARD

Letter No: ______ Date: _______

Sub: Proposal for “Consultancy services for preparation of Zonal development plans for Lucknow
Master Plan 2031”

To,

[Name and address of the Consultant]

Dear Sir,

This is to notify you that your Proposal dated _____ for execution of the work “Consultancy services for
preparation of Zonal development plans for Lucknow Master Plan 2031” contract amount in the
equivalent of [amount in words and figures and name of currency] is hereby accepted by Lucknow
Development Authority, Lucknow. The amount includes duties, taxes (excluding GST), and other levies etc.
payable by the consultant under the Contract, or for any other cause payable by the Consultant under the
Contract. The work shall be carried out as per the scope of work specified in Part II (requirements) Bidding
document and payment shall be made in accordance with Bill of Quantities included in the Price Bid.

You are requested to furnish the Performance Security…. INR …. within 30 days in accordance with the
conditions of contract and any additional security required as a result of the evaluation of your bid, using
for that purpose the performance security form included in Volume VIII (securities and other forms) of the
Bidding Document

The Commencement Date shall be …………….

Yours faithfully,

Authorized Signature

Name and Title of Signatory

Name of Agency

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RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

C: Issue Of Notice to Proceed with Work

ISSUE OF NOTICE TO PROCEED WITH THE WORK


(Letter head of the Authority)

To, Date_______

M/S ………………………………. (name and address of the Consultant)

-----------------------------------------------------

Dear Sirs

Pursuant to your furnishing the requisite security and signing of the contract agreement for the work
“Consultancy services for preparation of Zonal development plans for Lucknow Master Plan 2031”
involving development and execution of works @ a Bid Price of Rs._________________, you are hereby
instructed to proceed with the execution of the said works in accordance with the contract documents.

Yours faithfully,

(Signature, name, and Title of


signatory authorized to sign on
behalf of Authority)

Page | 112
VOLUME – IX

FINANCIAL BID & BILL OF QUANTITIES (BOQ SHEET IN M.S. EXCEL


FORMAT SEPARATELY ATTACHED)
RFP for consultancy services for preparation of Zonal Development Plans for Lucknow Master Plan 2031

BOQ Format
A format for BOQ which is required to be filled in the (.xls) file attached along with this RFP.

Sl. No. Project Description Unit Quoted Amount (in INR)

Zonal Development Plan of Cluster 3 for


1 Lump-sum To be quoted in BoQ
Lucknow Master Plan 2031

Zonal Development Plan of Cluster 4 for


2 Lump-sum To be quoted in BoQ
Lucknow Master Plan 2031

Zonal Development Plan of Cluster 5 for


3 Lump-sum To be quoted in BoQ
Lucknow Master Plan 2031

Zonal Development Plan of Cluster 6 for


4 Lump-sum To be quoted in BoQ
Lucknow Master Plan 2031

Note:

1. The bidder shall be liable to pay the GST or other applicable taxes over and above the quoted
price as per the rules.
2. If a bidder chooses not to participate in any of the specified cluster(s) for a particular bid, they
may quote the amount as “zero”. This will be treated as an indication of “no participation” for
that cluster.

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