Procurement of Non-Consulting Services
Procurement of Non-Consulting Services
Procurement of Non-Consulting Services
PROCUREMENT OF NON-CONSULTING
SERVICES
SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT/WRD
GROUND WATER CIRCLE
MADURAI
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NATIONAL HYDROLOGY PROJECT
WORLD BANK FUNDED
INVITATION FOR QUOTATIONS (IFQ)
-
Name of Non-Consulting Services Conducting of Topographic Survey and development
of Basin Information System for Thamirabarani Basin.
Date: 06-09-19
Bid No: 01/TN/NHP/GWC/MDU/2019-20
Procurement plan Ref. No: NHP-2018-2019-TN-565471
1. This Invitation for Bid follows the General Procurement Notice for this Project that
appeared in Development Business on 21 Sep 2016.
2. The Government of India has received financing from the World Bank towards the
cost of National Hydrology Project and it is intended that part of the proceeds will be
applied to eligible payments under the contracts for which this Invitation for Bids is
issued. Bidders are advised to note the minimum qualification criteria specified in
the Bidding Documents in order to qualify for the award of the Contract. In
addition, they may also refer to paragraphs 1.6 and 1.7 of the World Bank’s
Guidelines: Procurement of Goods, Works, and Non-Consulting Services under IBRD
Loans and IDA Credits & Grants by World Bank Borrowers - January 2011, revised
July 2014 setting forth the World Bank’s policy on conflict of interest.
3. The Superintending Engineer, Water Resources Department, Ground Water Circle,
Madurai, Tamil Nadu – 625002 now invites tenders through e-procurement platform
online from the time and date of opening of schedule up to the time and date of
closing of bid submission from eligible bidders for Conducting of Topographic Survey
and development of Basin Information System for Thamirabarani Basin.
(c) Last date and time for receipt of bids : 03-10-2019 up to 15:00 hrs
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(d) Last date and time of Receipt of : 03-10-2019 up to 15:00 hrs
relevant document as mentioned
(IFB) by speed post/courier/by hand
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TABLE OF CONTENTS
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PART 1 – BIDDING PROCEDURES
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Section 1 - Instructions to Bidders (ITB)
A. General
1. Scope of
The Employer, namely Superintending Engineer, Ground Water
Works
Circle, Madurai issues these Bidding Documents for Non Consulting
Services as specified in Section 3, Schedule of Requirements. The
name and identification number of this Shopping procurement is
Conducting of Topographic Survey and development of Basin
Information System for Thamirabarani Basin and 01 / TN / NHP/
GWC / MDU / 2019-20 Dated 06-09-2019
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a. Three similar completed works each costing not less than the amount of
equal to INR 25 Lakhs.
or
b. Two similar completed works each costing not less than the amount
equal to INR 32 Lakhs.
or
c. One similar completed work costing not less than the amount equal to
38 Lakhs.
The bidders shall have to submit the following documents in order to meet
the Qualifying
Requirements:
Registration, PAN, GST, Income Tax Returns, Auditor balance sheets, latest
payment certificate of EPF and ESI etc.,
Affiliation / recognition with any state, central and PSUs, funding agencies
such as WB, ADB or multinational companies recognized by ADB or WB
Survey of rivers and flood plain areas for the irrigation projects
Personnel
The Bidder must demonstrate that it will have the personnel
for the key positions that meet the following requirements:
No. of
Qualifications and
Position positio
experience
ns
Key Experts
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Preferably a Degree in Civil
Team Leader 1 Engineering or equivalent with
/ Senior minimum of 10 years of experience
Surveyor. and 5 years of managing surveying
projects in undertaking topographical
surveys
Preferably a diploma in
Deputy Team 1 engineering/surveying or equivalent
leader with 10 years of required experience
in supervising and undertaking
topographic surveys.
Preferably a diploma or ITI surveying
Senior 2 or equivalent with 10 years’
Surveyors experience in undertaking topographic
surveys of irrigation projects
Preferably a diploma in civil
Senior 1 engineering/ITI Surveying or
Draughtsman equivalent and 10 years’ experience in
irrigation (river/canal) drafting work
relevant to the ToR with experience in
(AutoCAD, database or equivalent).
Non – Key Experts
Preferably in Diploma civil/ ITI
surveyors 10 surveying or equivalent with 5 years’
experience in assisting senior
surveyors.
Preferably a diploma in civil
Draughts man 3 engineering or equivalent and 5 years’
experience in assisting senior
draughtsman.
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Assistant
(helper)
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[ii] without Government permission, any person who
retired as gazetted officer within the last two years.
Equipment
The Bidder must demonstrate that it will have access to the key
Contractor’s equipment listed hereafter:
Similar Work Means- Survey of rivers and flood plain areas for the
irrigation projects
Requirements:
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The agency should have GIS software with Printer, plotter, scanner and all
the other related equipment and software with well- established
workshop for map and report preparation. Proof of the document to be
submitted along with the list
a. The contract shall be for the whole works as described in the TOR.
4. Bid Price
b. All duties, taxes and other levies payable by the bidder under the
contract shall be included in the total price.
c. The rates quoted by the bidder shall be fixed for the duration of
the contract and shall not be subject to adjustment on any
account.
d. The rates should be quoted in Indian Rupees only.
5. Submission 5.1 The bidder is advised to visit the site of works at his own expense
of Quotations and obtain all information that may be necessary for preparing the
quotation.
5.2 Each bidder shall submit only one quotation.
5.3 The Bidder shall furnish, as part of his Bid, a Bid security for INR
1,20,000/- (Rupees One Lakh Twenty Thousand only) in favour of
Executive Engineer, Ground Water Division, Tiruvelveli for this
particular work in the form of a Bank guarantee.
5.3.1 Bank guarantees issued as surety for the quotation shall be
valid for 45 days beyond the validity of the bid.
5.3.2 Any quotation not accompanied by an acceptable Bid Security
shall be rejected by the Employer as non-responsive.
5.3.3 The Bid Security of unsuccessful bidders will be return within
28 days of the end of the bid validity period.
5.3.4 The Bid Security of the successful bidder will be discharged
when the bidder has signed the Agreement and furnished the
required Performance Security. The Bid Security of the successful
Bidder shall be required to be kept valid and / or validity extended
till such time the Performance Security is accepted by the Employer.
5.3.5 The Bid Security may be forfeited
(a) if the Bidder withdraws the Bid after Bid opening during the
period of Bid validity;
(b) in the case of a successful Bidder, if the Bidder fails within the
specified time limit to
(i) sign the Agreement; or
(ii) furnish the required Performance Security.
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5.4.1 Online submission of documents
Name of Firm:
Address for communication:
Telephone No.(s): Office:
Mobile No.:
Facsimile (FAX) No.:
Electronic Mail Identification (E-mail ID):
Part II. It shall be named “ Financial Part” of Bid and shall comprise
of:
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The documents and details mentioned in clause 5.4.1 Part I above
shall be submitted online on website https://tntenders.gov.in.
Details and process of online submission of the tender and relevant
documents are given in the website mentioned above. All the
documents in the online tender submission shall be digitally signed
by the bidder during uploading.
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5.5.1 “The bidder shall submit online two separate files: Part I &
Part II:-
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Quotations representatives will open the quotations online and this could be
viewed by the bidders also online. No quotation shall be rejected at
the time of bid opening (except for the late quotations who have not
submitted hard copies within the deadline pursuant to Clause 5.6).
In the event of the specified date for the opening of bids being
declared a holiday for the Employer, the quotations will be opened
at the appointed time on the next working day.
7.2 The file containing the Part I of the quotation will be opened
first.
9. Evaluation of 9.1 The Employer will evaluate and compare the quotations
Quotations determined to be substantially responsive i.e. which
9.1.1 During the evaluation of Technical Qualification–Part-1 of
Quotations, the Employer will determine whether each Quotation
(a) meets the eligibility criteria defined in Clauses 3. (b) has been
digitally signed; (c) is accompanied by bid security in the approved
form; and (d) is substantially responsive to the requirements of the
bidding documents.
9.1.2 A substantially responsive Quotation is one which conforms to
all the terms, conditions, and specifications of the Bidding
documents, without material deviation or reservation. A material
deviation or reservation is one (a) which affects in any substantial
way the scope, quality, or performance of the Works; (b) which
limits in any substantial way, inconsistent with the Bidding
documents, the Employer's rights or the Bidder's obligations under
the Contract; or (c) whose rectification would affect unfairly the
competitive position of other Bidders presenting substantially
responsive Quotations.
9.1.3 If a Quotation is not substantially responsive, it will be rejected
by the Employer, and may not subsequently be made responsive by
correction or withdrawal of the non - conforming deviation or
reservation.
i) Evaluation of Part I of quotations furnished in Part I of the
quotation in pursuant to Clause 5.4 of ITB, shall be taken up and
completed, and a list will be drawn up of the qualified bidders whose
Part II of quotations will be eligible for opening
ii) The result of evaluation of Part I of the Quotations shall be made
public on e-procurement portal before opening of Part II of the
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quotation.
iii) The Employer shall inform, the bidders, who have qualified during
evaluation of Part I of quotations, of the date, time of online opening
of Part II of the quotation. In the event of the specified date being
declared a holiday for the Employer, the quotations will be opened
at the appointed time and location on the next working day.
iv) Part II of quotations of only these bidders will be opened online,
who have qualified in Part I of the quotation. The bidders’ names,
the quotation prices, the total amount of each quotation, and such
other details as the Employer may consider appropriate will be
notified online by the Employer at the time of bid opening. Any
quotation price, which is not declared and recorded, will not be
taken into account in Bid Evaluation.
v) After opening of the Part II of quotation, the comparative
statement will be generated by the system which can be viewed by
the qualified bidders online.
The e-procurement system automatically calculates the total
amount from unit rates and quantities and the system also
automatically populates the amount in words from the amount in
figures and therefore there is no scope of discrepancy and need for
arithmetic correction.
10. Award of The Employer will award the contract to the bidder whose quotation
contract has been determined to be substantially responsive and who has
offered the lowest evaluated quotation price and who meets the
specified qualification criteria.
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11.2 If the performance security is provided by the successful Bidder
in the form of a Bank Guarantee, it shall be issued either
a) at the Bidder's option, by a Scheduled / Nationalized Indian bank
or
b) by a foreign bank located in India and acceptable to the Employer
or
c) by a foreign bank through a correspondent Bank in India
[scheduled / nationalized].
13. Fraud and The Bank requires compliance with its policy in regard to corrupt and
Corruption fraudulent practices as set forth in Annexure-3.
In further pursuance of this policy, Contractor shall permit and shall
cause its agents, Experts, Sub-consultants, sub-contractors, services
providers, or suppliers to permit the Bank to inspect all accounts,
records, and other documents relating to the submission of the
Proposal and contract performance (in case of an award), and to
have them audited by auditors appointed by the Bank.
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Section - 2
Bidding Forms
Qualification Information 18
Format of Letter of Acceptance 20
Forms for Personnel 21
Format for Bid Security 22
Letter of Quotation - Financial part 24
Priced bill of quantities 25
Qualification Information
1 For Bidders
1.1 Name and Address of prime Bidder/Firm: ______________________________
1.2 Principal place of business: ______________________________
1.3 Power of attorney of signatory of Quotation.
[Attach copy]
1.4 Year of Incorporation:
1.5 Financial Turnover
(a) 2016-17: -------Million INR
(b) 2017-18: -------Million INR
(c) 2018-19: -------Million INR
1.6 Work performed/similar experiences as prime contractor over the last seven years.
Projec Name of descriptio contrac Value Date Stipulated Actual Remark
t Employe n of work t No. of of period of date of explainin
Name e contrac issue completio completio g reasons
t (Rs. of n n for delay
Lakhs) work and work
orde complete
r d
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1.4 Proposed subcontracts and firms involved.
1.5 Evidence of access to financial resources to meet the requirements of working capital: cash
in hand, lines of credit, etc. List them below and attach copies of support documents.
1.6 Name, address, and telephone, telex, and fax numbers of the Bidders’ bankers who may
provide references if contacted by the Employer.
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LETTER OF ACCEPTANCE CUM NOTICE
TO PROCEED WITH THE NON-CONSULTING SERVICE
DATED: ____________________________
Dear Sirs,
This is to notify you that your Quotation dated ___________________ for Conducting of Topographic
Survey and development of Basin Information System for Thamirabarani Basin Data for the contract
price of Rupees _________________________________________ [amount in words and figures], is
hereby accepted by us.
You are hereby requested to furnish performance security for an amount of Rs.
____________________ (equivalent to 10 % of the contract price) within 15 days of the receipt of the
letter. The Performance Security in the form of Bank guarantee or a Bank draft shall be valid till 45 days
after the issue of certificate of completion i.e. upto ___________________.
Failure to furnish the Performance Security will entail cancellation of the award of contract.
You are also requested to sign the agreement form and proceed with the work not later than
____________________________ under the instructions of the Engineer,
___________________________ and ensure its completion within the contract period.
With the issuance of this acceptance letter and your furnishing the Performance Security, contract for
the above said work stands concluded.
Yours faithfully,
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Forms for Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified requirements for
each of the positions listed in Section III (Evaluation and Qualification Criteria). The data on their
experience should be supplied using the Form below for each candidate.
S. Years of
Position Name Qualification
No. Experience
The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used for evaluation.
Position*
Fax E-mail
Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.
From* To* Company, Project , Position, and Relevant Technical and Management Experience*
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Forms of Bid Security
Form of Bid Security - Bank Guarantee
[Guarantor letterhead or SWIFT identifier code]
SEALED with the Common Seal of the said Bank this _________ day of __________ 20____.
(1) If after Bid opening the Applicant (a) withdraws his bid during the period of Bid
validity specified in the Letter of Bid; or (b) does not accept the correction of the Bid
Price pursuant to ITB 5.3.5
or
(2) If the Applicant having been notified of the acceptance of his bid by the Purchaser
during the period of Bid validity:
(a) fails or refuses to execute the Contract Agreement in accordance with the
Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instruction to Bidders.
1
In the case of a JV, the bidder should be stated as “a Joint Venture consisting of ………., and …….”.
2
The Applicant should insert the amount of the guarantee in words and figures denominated in Indian Rupees. This
figure should be the same as shown in Clause 5.3 of the Instructions to Bidders.
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we undertake to pay to the Purchaser up to the above amount upon receipt of his first written demand,
without the Purchaser having to substantiate his demand, provided that in his demand the Purchaser will
note that the amount claimed by him is due to him owing to the occurrence of one or any of the four
conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date ____________________3 days after the
deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be
extended by the Purchaser, notice of which extension(s) to the Bank is hereby waived. Any demand in
respect of this guarantee should reach the Bank not later than the above date.
_________________________________________________________________
[signature, name, and address]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.
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45 days after the end of the validity period of the Bid.
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QUOTATION
To:
The Superintending Engineer,
Water Resources Department,
Ground Water Circle,
PWD Campus, Thallakulam.
Madurai, Tamil Nadu – 625002
Sir,
We offer to execute the non-consulting services as described in your Invitation for Quotation
referred to above in accordance with the Conditions of Contract enclosed there with for a total
Contract Price of -
Rs.** _________________________________________________ [ in figures ]
Rs. _________________________________________________ [ in words ].
This quotation and your written acceptance of it shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any quotation you receive.
We hereby confirm that this quotation is valid for 90 days as required in Clause 6 of the
Instructions to Bidders.
Yours faithfully,
Authorized Signature : Date: ______________
** To be filled in by the Bidder, together with his particulars and date of submission at the
bottom of this Form.
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Annexure 1
Bill of Quantities: Conducting of Topographic Survey and development of Basin Information System for Thamirabarani Basin
Date: _________________________
Bid No: _____________________
1 2 3 4 5 6 7 8
Service Description of Services Unit Quantity Unit Total Price GST Total Price
No price per Service per Service
(Col. 4*5) (Col. 6+7)
1 Fixing of Ground Control Point by triangulation on permanent structures
using three DGPS with 6 Hrs observation including cost of labour involved in
surveying, rental of equipments, transportation charges, post processing Nos. 20
charges, Documentation charges, overhead charges etc., complete as
directed by WRD officials.
2 Fixing of Additional Ground Control Point on permanent structures using
DGPS with 1 Hrs observation including cost of labour involved in surveying,
rental of equipments, transportation charges, post processing charges, Nos. 180
Documentation charges, overhead charges etc., complete as directed by WRD
officials.
3 Fixing of Bench Mark with 3 Hrs observations on Permanent Structures
including cost of labour involved in surveying, rental of equipments,
Nos. 120
transportation charges, post processing charges, Documentation charges,
overhead charges etc., complete as directed by WRD officials.
4 Taking river Cross Section which includes, but is not limited to, surveying and
recording the elevations and coordinates. The river cross section shall be
taken perpendicular to the general alignment of the River at every 2 Km
longitudinal interval; (i) Every 5 meters above the water level. (ii) Every 2 m
below the water level, (iii) at the centre of the river including the water level,
(iv) the left and right limits of the river width their invert levels and water
levels (v) the top of bank on both left and right sides of the river (vi) the
widths of the top of banks on both sides of the river. (vii) Either continuing
Nos. 310
the cross section surveys for 100 m beyond the embankments on both sides
of the river embankments or where there are no embankments extending the
survey until the ground level is 2 m above the normal water level of the river.
(viii) Taking levels of the irrigation structures including cost of labour
involved in surveying, rental of equipments, transportation charges, post
processing charges, Documentation charges, overhead charges etc., complete
as directed by WRD officials.
Note: The river alignment drawing will be given by WRD officials.
5 Taking tank Cross Section at inlet and outlet of the tank which includes, but is
not limited to, surveying and recording the elevations and coordinates. (i)
Every 5 meters above the water level. (ii) every 2 m below the water level,
(iii) at the centre of the Channel including the water level, (iv) the left and
right limits of the Channel width their invert levels and water levels (v) the
top of bank on both left and right sides of the Channel (vi) the widths of the
Nos. 1651
top of banks on both sides of the Channel. (vii) Either continuing the cross
section surveys for 10 m beyond the embankments on both sides of the
Channel embankments (viii) Taking levels of the irrigation structures including
cost of labour involved in surveying, rental of equipments, transportation
charges, post processing charges, Documentation charges, overhead charges
etc., complete as directed by WRD officials.
Total Bid Price
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Gross Total Cost : Rs. ..........................
We agree to supply the above service in accordance with the technical specifications for a total contract price of Rs. ................. (Amount in
figures ) (Rs. ................. amount in words) within the period specified in the Invitation for Quotations.
We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in bribery or collusive
agreements with competitors.
Signature of Contractor
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PART 2 - SUPPLY REQUIREMENTS
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Annexure 2
Terms of Reference (TOR)
1. Background
These terms of reference (ToR) outline the scope of works, deliverables and work project for
the firm Topographic Survey and development of Basin Information System - Thamirabarani
. The Topographical survey firm shall conduct survey for Water Resources Department,
Tamil Nadu under National Hydrology Project.
2. Objective
Agriculture is the dominant employment sector in Tamil Nadu and it provides livelihoods
for nearly 45% of the population. However, the sector’s contribution to state gross
domestic product (GDP) fell from 11.1% in 2004-05 to 8.2% in 2010-11.4 Estimated total
water demand in Tamil Nadu in 2001 was 54,395 MCM mainly for irrigation (50,007 MCM),
industry/power/livestock (2,192 MCM) and drinking (1,445 MCM) compared to an estimated
annual water potential including surface (24,864 MCM) and groundwater (22,423 MCM) is
assessed of 46,540 MCM.5 While the total demand is forecast to go up to 57,725 MCM by
2050, usage for irrigation is not expected to increase significantly because of demand for land
for urbanization.
About Thamirabharani River description, River length and its traverse location and benefits
are attached as Annexure A in this bid
Climate change is expected to worsen the already challenging situation. The projections indicate
much drier conditions between January and May but wetter and warmer conditions during the
irrigation season (June to December). However, the climate projections also show large increases in
storm rainfall and runoff. Therefore, more frequent and serious flooding can be expected. Flooding
in coastal areas will gradually be exacerbated by rising sea levels.
The key management issues that are faced by the water resources sector are:
Inadequate planning and stakeholder participation in resource management,
limited demand management,
no effective use of economic incentives and penalties to reduce pollution and wastage,
WRD’s mandate and skill set is in irrigation supply will little emphasis on water resources
management,
under-investment in infrastructure due to the Cauvery waters dispute,
inadequate funding for operation and maintenance
flood management is mostly reactive with minimal planning for flood risk mitigation.
The purpose of the study is to establishing various important bench marks , taking Cross section of
rivers, cross section at inlet and outfall of all Tanks of Thamirabarani Delta region
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To contribute to the initial improvement of water resources management in the Thamirabarani Delta
region and will further helps in various decision making and other future water resource studies in
this region.
3) Fixing of Bench Mark Points (The service provider would establish the bench marks
throughout the survey area at an appropriate interval depending upon the size of basin after
4) Taking River Cross sections as per the specifications given in other section
4. Methodology
Before commencing Topographic Survey, all Primary Survey Control Points by Triangulation Network
shall be marked tentatively on Satellite Image at about 5 to 8 km and same will be located using
hand held GPS. Location of these points will be got cleared from the WRD officials. During the
process number of points that are required for the entire area of survey will be demarcated covering
the survey area forming almost equilateral triangles of network. The Secondary Survey Control
points will be marked on permanent structures of both the banks of rivers where cross sections are
taken (generally 2 KM) and also at all Tank Locations.
New Bench Marks will be established on permanent structures. In case no permanent structure is
available concrete pillars of size 600mm x 200 mm dia protruding 150mm above ground level will be
provided.
Survey Controls Points and BM will be engraved, painted and denoted sequential DGNSS / DGPS
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B) Secondary Survey Control Point – Observations
The Secondary Control Point established at 2.0 Km interval on either side of the banks observation
will be made by RTK / PPK keeping the nearest triangulation PSCP as a base.
C) Bench Marks
Levelling will be started from survey of India/reference/PWD BM connecting enroute PSCPs, SSCPs,
sill level, weir level and regulators and closed with another available BM to verify the accuracy. The
difference between the values obtained by levelling and geoid levels obtained through DGPS for the
PSCP and SSCP that could be connected during the traverse will be affected to all the points in the
vicinity.
D) Survey of River:
Intervals shall be measured along the length of the channel in the direction of flow. Chainages shall
be based on those of the River System’s. The cross sections shall be taken perpendicular to the
general alignment of the River. Taking river Cross Section which includes, but is not limited to,
surveying and recording the elevations and coordinates.
a. Marking, specification and supervision for field cross sections including profile of
river at suitable intervals, to be decided jointly with the client.
b. The distance between successive elevation points in a cross section should ideally be
less than 1/20th of the width of the river/width of perennial flow channel, but not
more than 10 m in any case. But no cross-section point should be missed where
there is significant change in Ground elevation.
c. The cross sections should extend minimum to an elevation 1m above the high flood
level or 100 m laterally from the river bank line if high flood level is below the bank
level but should be agreed upon jointly by the Service provider and the client,
extended on either side. In case riverside embankments are present, the cross
sections should extend to include the embankment profile /levees on both sides
E) Taking Levels at all irrigation structures including cross sections at inlet and outlet of each Tanks
Survey co-ordinates and maps shall use datum ITRF 2008 and UTM coordinates for
horizontal and GTS Bench Mark for vertical as origin approved by SOI. The scale of capture of
survey data shall be suitable to support mapping at 1:2,500 scale or better, where larger
scale mapping is used for crossings and other specified areas.
Survey Control and Benchmarks. Survey control points should form good triangulated
network at around 5to 8 km interval on permanent structures. Once the marking of survey
control point is completed, DGPS survey shall be commenced using differential GPS with
multi frequency receivers. Base station shall be established at central location within the
project, which shall track signals continuously without break from the satellite for twelve
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hours. Simultaneously, rover stations shall also receive signals from the satellite for a
minimum period of 6 hours. The raw data in RINEX format shall be submitted and processed
data in WGS 84/ITRF 2008 and UTM coordinate system. Where necessary, the Survey Firm
shall establish new permanent BMs. These shall be clearly visible from at least two others to
facilitate reinstatement in the event of one being damaged or lost. The new BMs may be
located on existing immovable structures or rocks, with a nail driven into the object to
indicate the exact point and the position clearly marked with permanent red paint. A
register of the new and existing benchmarks shall be set-up and a separate site plan for each
new BM shall be prepared giving the co-ordinates, a description of the point and a sketch
map.
After completion of DGPS survey, control leveling shall be carried out for the purpose of
height control, Survey of India Bench mark shall be used for starting and closing of level
lines. Digital levels should be used for this purpose. Fore sight and Back sight distances shall
be, as far as possible, equal. The maximum closing error between the two adjacent control
points will be ±5 mm and the overall closing error in mm through all the control points will
not exceed 12√k for the elevation. (where ‘k’ is the distance in kilometer).
Surveying of the channel alignment and cross sections shall be conducted to achieve: (i)
horizontal accuracy of ± 0.05 m; (ii) vertical accuracy of ± 0.05 m; and, relative to the BMs.
To ensure these accuracies are maintained, the Survey Firm shall make regular (not longer
than manufacturer’s recommended frequency) verifications to demonstrate that the initial
bench calibration by the manufacturer is still valid and within specified requirements.
Geodetic Horizontal and Vertical Datum’s. All survey work shall be based on ITRF 2008/
World Geodetic System (WGS) 84 standards and the Universal Transverse Mercator (UTM)
co-ordinates, or otherwise as directed by the WRD. Topographical heights shall be in meters
and based on GTS (SOI) Bench Mark Datum Mean Sea Level (MSL).
Secondary Control. Secondary network stations shall be established at every cross section
location. Such stations shall be tied into the primary network and full station descriptions
(including witness marks) provided to WRD. The secondary network controls will mark the
location of every surveyed cross section on both the left and right banks of the channels.
Level Control. Local vertical control shall be undertaken using GTS Survey of India Bench
Mark.
Calibration and Check Survey. The accuracy of primary and secondary control shall be
determined by the Survey Firm to meet the requirements of the topographic survey. The
Survey Firm shall: (i) keep GPS, electronic and optical surveying instruments in close
adjustment according to manufacturer’s specifications or in compliance to textbook
standards; and, (ii) ensure that electronic distance measuring devices are compared to a
base line, measured by static GPS or a standardized or calibrated tape, at least every six
months. Field measurements of angles and distance shall be done in such fashion as to
satisfy the closures and tolerances expressed above.
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6. Equipment
The Survey Firm shall supply, maintain and operate all the equipment’s necessary to carry out the
Work in accordance with required specification. An equipment itinerary sufficient for each survey
team to work simultaneously shall be submitted to WRD/ADB when a firm expresses interest in the
Work, and shall be confirmed by the Survey Firm prior to commencement of any fieldwork.
The Survey Firm shall ensure that all equipment necessary to carry out the Work has been calibrated
within 8-months prior to commencing field work. Copies of relevant calibration certificates shall be
made available to the WRD/ADB for review, as requested, prior to commencement of Work.
The Survey Firm shall communicate as necessary with WRD staff. The Survey Firm shall have
computer capabilities with high-speed modem and appropriate communication software for transfer
of survey information via standard communication links. All technical information shall be sent to
WRD in native format - e.g. drawings in AutoCAD, tabulations in a data base format or Excel or
equivalent etc. Signature certified data can be sent in Adobe PDF format together with an unsigned
native format copy. Formats of deliverables are further discussed in subsequent paras below.
7. Presentation of Data
The survey map shall represent the information gathered during the survey and shall be prepared
using AutoCAD. Further presentation requirements are outlined in Annexure B.
The Survey Firm shall mobilize required experienced surveying teams to undertake the field work,
data processing and preparation of deliverables. Team’s shall be led by a suitably qualified and
experienced Team Leader who will be supported by an experienced Deputy Team leader, Senior
Surveyor, suitable number of Assistant Surveyors, Senior Draughts man, Assistant Draughts man, and
support staffs. The table summarizes the key input requirements is given Below
Ref to Section I : Instruction to the Bidders , Table given under “ Personnel”)
9. Output Requirements
Output Schedule.
In addition to the reporting schedule discussed below, the Survey Firm is also responsible for
submission of all works covered under Thamirabharani Sub Basin. The data from the output of this
sub-packages earlier completed will be used to assess the quality and performance of the initial
Works and allow changes to procedures if necessary. with the Draft Final Report. All field work shall
be completed within 8 months of mobilization.
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Reporting.
The Survey Firm shall submit the following reports to WRD (3 copies to WRD):
B) The Survey Firm shall prepare monthly progress reports in digital format for electronic
correspondence for WRD to review, which shall document:
The Draft Final and Final Reports will address the following for each sub-package, but not limited to:
34
o photos of points of interest.
WRD may issue comments on all outputs and the Survey Firm shall incorporate these
comments into the issue of their final deliverables. Copies of the above reports and
documents shall be submitted to WRD by the submission deadline. In addition to the printed
versions, the Survey Firm shall submit six electronic copies on clearly labeled CD or DVD or
other approved media, conforming to the following requirements:
Where appropriate, the Survey Firm shall compress (ZIP) files, so that the entire report (or
volume) is stored on a single CD or DVD.
The report contents shall be clearly indexed and stored in Adobe PDF format. Where MS
EXCEL has been used in preparation of lists, calculations, etc, the complete MS EXCEL files
shall also be submitted to facilitate verification by WRD.
The CD or DVD shall contain all data in the formats required specified for all survey data
including but not limited to: surveyed cross section and BM stations. These are to be held in
separate directories which are suitably titled according to the agreed reference system.
In general, only standard commercially available licensed software shall be used in the work
and the Survey Firm shall list the software they propose to use. Under certain circumstances,
and with the approval of WRD.
All reports and other study documents shall be in the English language. Printing and binding
shall be of high quality, suitable for presentation to government and international funding
agencies. All reports shall be in A4 paper format (with fold out A3 sheets where required),
except for the drawings which should be A3. Metric units according to the International
System of Units are to be used throughout.
The Survey Firm’s participation in certain non-productive activities may be required. These
activities may include, but not be limited to, meetings to be held with WRD
Survey Supervision :
WRD staff will accompany the Survey Firm in the field to confirm: (i) preferred locations along the
channels for the survey of cross sections.
35
e. The client will allow the consultants unrestricted access to the project area
during the work.
f. Any other facilities mutually agreed upon by consultant and client.
a. The Agency shall conduct and complete the assigned services as per the
requirements of the terms of reference.
b. The Agency shall deploy necessary resources to complete the assigned
services as per the requirements of the terms of reference.
c. During performance of their duties, the Agency will work in a co-ordinated
way with all other officers of Government of Tamilnadu.
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Annexure A
Introduction
There are 34 rivers running through Tamilnadu which are grouped into as 17 river basin and
127 sub basins. The Tamiraparani River Basin is one of the 17 river basins and having 7 sub basins
and covers the district of Tirunelveli and Thoothukudi.. Tamiraparani, the main river originating
from Agastya malai on the Western Ghats, at an altitude of about 2000 m, with its number of
tributaries (ie) Servalar, Manimuttar, Gadananadhi, Pachaiyar and Chittar forms a well defined,
compact drainage basin and flows towards north east initially and towards east in the middle and at
the end confluence with Bay of Bengal near Palaya Kayal.
Tamiraparani River Basin lies between geographic co-ordinates N. lat.8º 26’ 45” to 9º 12’ 00”
and E. long 77º 09’ 00” to 78º 08’30” and falls within the survey of India Degree sheets 58G, 58 H
and 58 L. The entire basin covers an area of about 5717.08 sq. km and lies in the revenue districts of
Tirunelveli, Thoothukudi taluk of Thoothukudi District in southern Tamil Nadu. Total tanks in the
Tamiraparani River Basin is 1300 tanks (including WRD and other
Physiographic Features
The Tamiraparani River Basin is stretching from the eastern side of Western Ghats to the Bay
of Bengal on the east with a gentle gradient from northwest to southeast, upto the sea, Bay of
Bengal. The river basin is flanked by Western Ghats on the west fully and on the south partly,
Kalugumalai-Kovilpatti high lands on the north, Kalakkadu upper slopes and Kalakkadu highlands on
the South and Bay of Bengal on the East.
Physiographically, this basin area can be broadly divided into three units, namely.
Generally, the gradient for the entire Tamiraparani River Basin from eastern side of Western Ghats
to the Bay of Bengal on the east is about 4.5 m/km.
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Western Mountainous Terrain
At the eastern slope of western Ghat, the elevation varies from 550.0m to 1100.0m above
M.S.L. The topography of the hill ranges is by and large mature with ‘U’ and ‘V’ shaped valleys,
escarpments and remnants of plateau land form at highest altitudes, rivers originating from western
slope of the hill ranges, fed by copious rain brought in by the southwest monsoon. Besides, the
northeast monsoon reveals no definite trend or cyclicity in its activity. During monsoon, this river
experiences heavy spells of rain for a few of days generally due to low pressure depressions that
form in the Indian Ocean.
Below the Eastern Slope of Western Ghats, the land surface generally slopes towards southeast. The
average elevation varies from 100.0 m to 550 m above M.S.L and the gradient is about 10 m/km.
This area stretches between Alangulam and Srivaikundam. In this terrain, the slope of the
surface is generally towards southeast. The average elevation varies from 20.0 m to 100.0 m above
M.S.L. and the gradient is about 2m/km.
This area stretches between Srivaikundam and the Gulf of Mannar. In this plain area, the
slope is towards East. The average elevation varies from 0.0 m to 20.0 m above M.S.L. and the
gradient is about 0.5 m/km.
In the southeastern part of the basin, near Nazareth town Teri sand occurs as mounds covering an
area of about 56.0 sq. kms.
Out of 5717.08 sq. kms of the basin area the hills area constitutes 1048 sq. kms (18.5 %) and
the plains area constitutes 4673 sq. kms (81.7 %).
Drainage
Tamiraparani and its tributaries originate at the eastern slope of Western Ghats ridge
connecting Aduppkkal Mottai, Agasthiyamalai and Chemmunji Mottai etc., at an altitude of 1869 m
(6132 ft.). More than 12 (Twelve) tributaries join the river as it runs down, of which Servalar,
Manimuthar, Gadana nadhi, Pachaiar and Chittar can be termed as major ones. Tamiraparani after
travelling a distance of 22 km from its origin is joined by its tributary Servalar. The Manimuthar
originates from the Mukkuttukal and confluence with Tamiraparani at its 36th km. The tributary
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Gadana nadhi joins Tamiraparani on its left at the 43rd km. The river flows through Cheranmahadevi
Town and takes in the next tributary (viz.) pachayaru on its right. Tamiraparani thereafter winds it
way through Tirunelveli and at a distance of 73 km from its origin, its tributary Chittar confluence
with it near Sivlapperi. From this point, the river flow southwards and then eastwards and at its 96 th
km, the Srivaikundam anicut spans across the river, Then the river Tamiraparani, after traversing
another 30 km drains into the Gulf of Mannar, just south of the village, Palayakayal.
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The Tamiraparani and Chittar river flow diagrams are given below.
40
41
The River System
Karaiyar is one of the major tributary of the Tamiraparani. It arises from Pothigai hills in
Western ghats. This is the main river course of Tamiraparani in which all tributaries Confluences.
Servalar is one of the major tributary of the Tamiraparani. It arises from the Mundanthurai
reserve forests. The river runs from its source for a distance of 22 km. and confluences with the river
Tamiraparani.
Manimuthar, is a major tributary of the Tamiraparani. It arises from the dense forest a top
Senkutheri in Ambasamudram taluk at the height of about 1300 m. from MSL. The tributaries of the
Manimuthar are the Keezha Manimuthar (lower or eastern Manimuthar) and the Varattar. The river
runs from its source for a distance of 9 km. and confluences with the Tamiraparani on the U/s of
Kannadian anicut near Kallidaikurichi
The Koraiyar , is a tributary to the Tamiraparani. It originates in the eastern slopes of Western
ghats, flows in the northern direction and empties into the main river Tamiraparani near Vellanguli
village in Ambasamudram taluk after crossing the Kannadian channel through and outlet.
Gadananadhi or Karunaiyar, like the other rivers of the district, has its origin in the eastern
slopes of Western ghats at an altitude of about 1700 m. in Ambasamudram taluk. It is a major tributary
of the Tamiraparani. The river after flowing about 8km., receives the Pampar and on it course, two other
rivulets, Kallar and Iluppaiyar, all these tributaries, join it at Sivasailam village. After the confluence, the
river flows about 10km. and merges with the Ramanadhi in Kila Ambur village.
The Pachaiyar, rises on the eastern slope of Western ghats about 11 km. north west of Kalakadu
at an altitude of 1000 m. above MSL. It flows eastward upto Padmaneri village from where it changes its
course towards north east. It is a tributary of Tamiraparani and makes its confluence with the river in
the village Tharuvai. The total length of the river from its source to its confluence with the Tamiraparani
is about 32 km. The river Pachaiyar has three tributaries which are Kavayan Odai, Anaikidangu Odai and
Uppan Odai.
The Chittar , The river takes its origin in the eastern slopes of the Western Ghats in the
Courtalam hills, called Tirikoodam in literature, at an altitude of 1750m. above MSL. From its origin, the
river flows down for about 6 km. turns north and flows for about 16 km. before turning towards the
east. Its total length is about 80 km. It joins the river Tamiraparani near Sivalapperi village of Tirunelveli
Taluk.
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Sl No River Name/tributary length Length(km) Width(m)
Table : Tentative List of Tank with their district and village name or Nos of tanks in each district/
taluka / villages
1. General Data Format. Unless stated otherwise, all text, dimensions, test data, results and all other
information relating to the Work shall be expressed in English and referenced to SI units. The Survey
Firm will provide a survey, drawing and document reference system for the approval of the WRD prior
to commencement of Works. On approval, this system will be used for preparation and communication
of all deliverables.
2.This data available from the earlier survey of the basins will be used for checking and Quality Control
purposes of the outputs from the present assignments. The WRD reserves the right to alter size type and
representation of data provided by the Survey Firm. The format of deliverables is:
All linear features shall be presented as a 3D poly line and all non-linear features shall be presented as
3D points. All features defining closed boundaries of data shall be represented as 3D polygons.
All data shall be supplied in both AutoCAD and Arc GIS formats;
All drawing objects are to be drawn in model space at a scale of 1:1 (i.e. AutoCAD units = 1m, INSUNITS
(AutoCAD setting) to be set to the value of 6, which defines the drawing as metres);
All entities are to be in colour BY LAYER and line type BY LAYER;
All poly lines are to have text on the line describing the entity in the field;
The completed forms for each SCP.
3.Furthermore, all surveyed cross section data shall be delivered in ASCII digital tabular format suitable
for importation to hydraulic modeling software. An example will be provided by WRD
4. Surveyed Mapping Data: The surveyed mapping and cross section data shall illustrate the following:
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Co-ordinates of all bench marks shown next to the symbol. (The referenced elevations shall be
rounded to and shown to the nearest 1cm).
Spot elevations shown to the nearest 1cm.
5. Photographs:
The Survey Firm shall maintain a geo-referenced digital photographic record of all survey activities
including but limited to BMs, cross-sections, other features that will appear on survey plans prepared by
the Survey Firm, and any other features requested by WRD. The resolution of photos shall be
appropriate to present sufficient detail. The photos shall be labeled using the agreed reference system.
44
PART 3 – CONTRACT & CONTRACT FORMS
Section 4
Draft Agreement form for
Non-Consulting Services through Shopping
ARTICLES OF AGREEMENT
This deed of agreement is made in the form of agreement on ________ day_______________ month
____________ 20 ___, between the _____________________________ (Employer) or his authorized
representative (hereinafter referred to as the first party) and _____________________ (Name of the
Contractor), S/O _______________ resident of ______________ (hereinafter referred to as the second
party), to execute the work of construction of __________________________ (hereinafter referred to
as works) on the following terms and conditions.
The total cost of the works (hereinafter referred to as the “total cost”) is Rs. ____ as reflected in
Annexure - 1.
Payments to the second party for the work will be released by the first party in the following manner:-
(b) on certification of the invoice (except for the first installment) by the engineer nominated by the
first party with respect to quality of services as per terms of Reference in the format in Annexure - 2;
and
The second party, on the works reaching each stage of work, issue a notice to the first party or the
Engineer nominated by the first party (who is responsible for supervising the contractor, administering
the contract, certifying the payments due to the contractor, issuing and valuing variations to the
contract, awarding extensions of time etc.), to visit the site for certification of stage completion. Within
15 days of the receipt of such notice, the first party or the engineer nominated by it, will ensure issue of
stage completion certificate after due verification.
5. Completion time
The works should be completed in 8 months from the date of issue of work order. In exceptional
circumstances, the time period stated in this clause may be extended in writing by mutual consent of
both the parties.
46
6. If any of the compensation events mentioned below would prevent the work being completed by the
intended completion date, the first party will decide on the intended completion date being extended
by a suitable period:
a. The first party does not give access to the site or a part thereof by the agreed period.
b. The first party orders a delay or does not issue completed drawings, specifications or instructions for
execution of the work on time.
c. Ground conditions are substantially more adverse than could reasonably have been assumed before
issue of letter of acceptance and from information provided to second party or from visual inspection of
the site.
d. Payments due to the second party are delayed without reason.
e. Certification for stage completion of the work is delayed unreasonably.
7. Any willful delay on the part of the second party in completing the construction within the stipulated
period will render him liable to pay liquidated damages. @ Rs. 0.05% of contract price per day which will
be deducted from payments due to him. The first party may cancel the contract and take recourse to
such other action as deemed appropriate once the total amount of liquidated damages exceeds 2 % of
the contract amount.
8.1 The first party shall be responsible for providing regular and frequent supervision and guidance to
the second party for carrying out the works as per specifications. This will include written guidelines and
regular site visit of the authorized personnel of the first party, for checking quality of material and
construction to ensure that it is as per the norms.
8.2 The first party shall supply 3 sets of drawings, specifications and guidelines to the second party for
the proposed works.
8.3 Possession of the site will be handed over to the second party within 10 days of signing of the
agreement.
8.4 The Engineer or such other person as may be authorized by the first party shall hold meeting once in
a month where the second party or his representative at site will submit the latest information including
progress report and difficulties if any, in the execution of the work. The whole team may jointly inspect
the site on a particular day to take stock of activities.
8.5 The Engineer shall record his observations/instructions at the time of his site visit in a site register
maintained by the second party. The second party will carry out the instructions and promptly rectify
any deviations pointed out by the engineer. If the deviations are not rectified, within the time specified
in the Engineer’s notice, the first party as well as the engineer nominated by it, may instruct stoppage or
suspension of the construction. It shall thereupon be open to the first party or the engineer to have the
deviations rectified at the cost of the second party.
47
d) abide by the technical suggestions / direction of supervisory personnel including engineers etc.
regarding building construction ;
e) be responsible for bringing any discrepancy to the notice of the representative of the first party and
seek necessary clarification :
f) ensure that the work is carried out in accordance with specifications, drawings and within the total of
the contract amount without any cost escalation ;
g) keep the first party informed about the progress of work ;
h) be responsible for all security and watch and ward arrangements at site till handing over of the work
to the first party ; and
i) maintain necessary insurance against loss of materials/cash, etc. or workman disability compensation
claims of the personnel deployed on the works as well as third party claims.
f) Pay all duties, taxes and other levies payable by the agencies as per law under the contract (First party
will effect deduction from running bills in respect of such taxes as may be imposed under the law). EPF
and ESI to be complied as per the law.
a. The second party shall provide the Engineer with a quotation for carrying out the Variation when
requested to do so by the Engineer. The Engineer shall assess the quotation, which shall be given within
seven days of the request before the Variation is ordered.
b. If the quotation given by the second party is unreasonable, the Engineer may order the Variation and
make a change to the Contract Price which shall be based on Engineer’s own forecast of the effects of
the Variation on the Contractor’s costs.
c. The second party shall not be entitled to additional payment for costs which could have been avoided
by giving early warning.
11. Securities
The Performance Security shall be provided to the Employer no later than the date specified in the
Letter of Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to
the Employer. The Performance Security shall be valid until a date 45 days from the date of issue of the
Certificate of Completion in the case of a Bank Guarantee.
12. Termination
12.1 The Employer may terminate the Contract if the other party causes a fundamental breach of the
Contract.
12.2 Fundamental breaches of Contract include, but shall not be limited to the following:
a. the contractor stops work for 28 days and the stoppage has not been authorized by the Engineer;
b. the Contractor has become bankrupt or goes into liquidation other than for a reconstruction or
amalgamation;
c. the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of
Contract and the Contractor fails to correct it within a reasonable period of time determined by the
Engineer;
d. the Contractor does not maintain a security which is required;
12.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.
48
12.4 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and
secure and leave the Site as soon as reasonably possible.
13.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue a certificate for the value of the work done less advance payments received up to
the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due
to be deducted at source as per applicable law.
13.2 If the Contract is terminated at the Employer’s convenience, the Engineer shall issue a certificate
for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the
Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and
securing the Works and less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable
law.
14. Dispute settlement
If over the works, any dispute arises between the two parties, relating to any aspects of this Agreement,
the parties shall first attempt to settle the dispute through mutual and amicable consultation.
In the event of agreement not being reached, the matter will be referred for arbitration by a Sole
Arbitrator not below the level of retired Superintending Engineer, WRD. The Arbitration will be
conducted in accordance with the Arbitration and Conciliation Act, 1996. The decision of the Arbitrator
shall be final and binding on both the parties.
It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), contractors, and
their agents (whether declared or not), sub-contractors, sub-consultants, service providers, or suppliers,
and any personnel thereof, observe the highest standard of ethics during the selection and execution of
Bank-financed contracts [footnote: In this context, any action taken by a consultant or any of its
personnel, or its agents, or its sub-consultants, sub-contractors, services providers, suppliers, and/or
their employees, to influence the selection process or contract execution for undue advantage is
improper.]. The Contract would be subject to Fraud and Corruption as attached in Annexure-3.
The Contractor shall keep, and shall make all reasonable efforts to cause its Sub-contractors to keep,
accurate and systematic accounts and records in respect of the Works in such form and detail as will
clearly identify relevant time changes and costs.
The Contractor shall permit and shall cause its Sub-contractors to permit, the Bank and/or persons
appointed by the Bank to inspect the Site and/or all accounts and records relating to the performance of
the Contract and the submission of the Bid, and to have such accounts and records audited by auditors
appointed by the Bank if requested by the Bank. The Contractor’s attention is drawn to Clause 13 which
provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under this Clause 14 constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility under the Bank’s prevailing sanctions
procedures.)
49
Annexure – 3
1.23 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans),
consultants, and their agents (whether declared or not), sub-contractors, sub-consultants,
service providers, or suppliers, and any personnel thereof, observe the highest standard of
ethics during the selection and execution of Bank-financed contracts [footnote: In this context,
any action taken by a consultant or any of its personnel, or its agents, or its sub-consultants,
sub-contractors, services providers, suppliers, and/or their employees, to influence the
selection process or contract execution for undue advantage is improper]. In pursuance of this
policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence improperly the actions of another party1;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation2;
iii. “collusive practices” is an arrangement between two or more parties designed to achieve an
improper purpose, including to influence improperly the actions of another party3;
iv. “coercive practices” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party4;
v. “obstructive practice” is
(aa) deliberately destroying, falsifying, altering, or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede
For the purpose of this sub-paragraph, “another party” refers to a public official acting in
relation to the selection process or contract execution. In this context “public official” includes
World Bank staff and employees of other organizations taking or reviewing selection decisions.
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit”
and “obligation” relate to the selection process or contract execution; and the “act or omission”
is intended to influence the selection process or contract execution.
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement or
selection process (including public officials) attempting either themselves, or through another
person or entity not participating in the procurement or selection process, to simulate
competition or to establish prices at artificial, non-competitive levels, or are privy to each
other’s bid prices or other conditions.
50
For the purpose of this sub-paragraph, “party” refers to a participant in the selection process or
contract execution.
(bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights;
(b) will reject a proposal for award if it determines that the consultant recommended for award
or any of its personnel, or its agents, or its sub-consultants, sub-contractors, services providers,
suppliers, and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices in competing for the contract in question;
(c) will declare misprocurement and cancel the portion of the Loan allocated to a contract if it
determines at any time that representatives of the Borrower or of a recipient of any part of the
proceeds of the Loan were engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices during the selection process or the implementation of the contract in question,
without the Borrower having taken timely and appropriate action satisfactory to the Bank to
address such practices when they occur, including by failing to inform the Bank in a timely
manner they knew of the practices;
(d) will sanction a firm or an individual at any time, in accordance with prevailing Bank’s
sanctions procedures5, including by publicly declaring such firm or an ineligible, either
indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract, and (ii) to
be a nominated6 sub-consultant, supplier, or service provider of an otherwise eligible firm
being awarded a Bank-financed contract.
A nominated sub-consultant, supplier, or service provider is one which has been either (i)
included by the consultant in its proposal because it brings specific and critical experience and
know-how that are accounted for in the technical evaluation of the consultant’s proposal for
the particular services; or (ii) appointed by the Borrower.
51
Annexure 4
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of ____________________ [amount of guarantee]
1___________________________ [in words], such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you,
upon your first written demand and without cavil or argument, any sum or sums within the
limits of ____________________ [amount of guarantee]1 as aforesaid without your needing to
prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Contractor 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 45 days after the issue of certificate of completion.
52
Signature and seal of the guarantor _____________________________
Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________
1 An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.
53