NIZAMABAD MUNICIPAL CORPORATION

NIZAMABAD

Ph: 08462-221001
Fax: 08462-229224

Tender Notice No: ME/NMC/ /2019-20 Dt:

REQUEST FOR PROPOSAL (RFP)

for
Appointment of agency for conducting 3rd Party Quality Control Services for all
Engineering works (costing above Rs.1.00 Lakh) undertaken by Nizamabad Municipal
Corporation for the financial Years 2019-2020 & 2020-21.

Name and address of the proposer : M/s. ………………………………….

………………………………………….

………………………………………….

Earnest Money Deposit (EMD) : DD No……………………… Dt………………

EMD Rs.2.00 lakhs (Rupees Two Lakhs only)

payable along with Bid/ Proposal in the shape of
Demand Draft drawn on any Nationalized bank in
favour of Commissioner, NMC payable at
Nizamabad.

Note:

1. RFP Document can be downloaded from website:

www.nizamabadcorporation.telangana.gov.in . The DDs related to Bid
Processing Fee and EMD payable shall be attached along with the tender
document while submitting bidding document.
2. Complete BID/RFP Document duly filled in Technical bid and Financial bid
separately sealed in each cover „A‟ and „B‟ respectively and put together in
single cover „C‟ shall be submitted by the bidder indicating clearly the name &
address of the agency/firm and Name of Work etc. Each page of the Proposal
shall be signed and accompanied with requisite relevant enclosures.
3. Incomplete document will be rejected, without assigning any reason, thereof.

Bidder Commissioner
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 INDEX

S Page
Contents
No No
Notice Inviting Tender 1 3
Part I: Technical Proposal:
1 1
Tender Notice cum Instructions to Bidders 6
2 Terms of Reference 17
3 1
General Conditions of Contract 29
4 Bids submission letter 35
5 Forms 1 to 4 36-40
6 Form of Agreement 41

7 Part II: Financial Proposal: 46

Bidder Commissioner
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 NIZAMABAD MUNICIPAL CORPORATION
NIZAMABAD

REQUEST FOR PROPOSAL (RFP)

Tender Notice No: ME/NMC/ /2019-20, Dt:

Subject: Appointment of agency for conducting 3rd Party Quality Control Services for all
Engineering works (costing above Rs 1 Lakh) undertaken by Nizamabad Municipal
Corporation for the financial Years 2019-2021.
*****

The Commissioner, Nizamabad Municipal Corporation, NMC invites proposals for

engaging Services of 3rd Party Quality Control (TPQC) for all Engineering Works (normally
works costing above Rs.1.00 Lakh) of NMC. The Firms/Companies/Individuals who are
willing to offer their services shall submit complete details in prescribed formats in RFP
which can be downloaded from the website www.nizamabadcorporation.telangana.gov.in
from _________ onwards.
A Pre-bid meeting will be convened on ________ at 11.00 hrs in Nizamabad
Municipal Corporation. The intending bidders may attend the same. Any amendment in
the RFP will be placed on the web site of the Corporation subsequently and the same will
be published in the Newspaper with dates of extension if any.
The RFP filled in full shape (along with the documents in support of the same) as
per the procedure prescribed for submission duly signed by the authorized person should
be submitted to the Commissioner, Nizamabad Municipal Corporation at Nizamabad on or
before _______up to 3.00P.M.

Further details in respect of the above may be obtained from the Municipal
Engineer, Nizamabad Municipal Corporation (NMC) during office hours (#7331187224).

Date: Sd/-
Stn: Nizamabad. Commissioner
Nizamabad Municipal Corporation,
Nizamabad

Bidder Commissioner
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Bidder Commissioner
Page 4 of 45
 PART I
Technical Proposal

Bidder Commissioner
Page 5 of 45
 NIZAMABAD MUNICIPAL CORPORATION
NIZAMABAD

Tender Notice cum Instructions To Bidders

Subject: Appointment of agency for conducting Third Party Quality Control (TPQC)
Services for all Engineering works (normally works costing above Rs.1.00
Lakh) undertaken by the Nizamabad Municipal Corporation for the
financial Years 2019-20 and 2020-21.

*****

Sealed Proposals(RFP) are invited from reputed Firms (including Consultancy Wings
of Reputed Engineering Colleges) experienced in offering Third Party Quality
Control (TPQC) Services to Govt. Departments for Third Party Quality Control of
engineering Works (costing above Rs.1.00 Lakhs) undertaken by Nizamabad
Municipal Corporation for the financial Years 2019-20 and 2020-21.

1. Background:
The Nizamabad Municipal Corporation (NMC) is the local body providing
civic infrastructure services to the Nizamabad city. The jurisdiction of NMC is
spread over an area of 98 sq km and is divided into five administrative units (viz.,
Zones/Circles). Nizamabad Municipal Corporation is undertaking large number of
infrastructure works. The general categories of works taken up by NMC are as
follows:
a) Cement Concrete Pavements
b) Bituminous Road Works
c) Gravel and WBM Roads
d) Sewerage and Storm Water Drains
e) RCC Buildings
f) Culverts & Bridges
g) Solid Waste Management Works
h) Other civil works
i) Electrical works

NMC intends to engage independent 3rd party agency to assess the quality of
works executed by the executing agencies in NMC area and to take necessary
remedial measures in case of shortfalls in quality if any, found apart from utilizing
their services in updating the NMC Engineers and construction agencies in the QA
and QC aspects so as ensure quality of works as per Standards.

2. Objective:

1. Independent assessment of quality of construction works by Third party agency to

ensure that the Engineering Works are constructed with good construction
materials & as per desired standards of quality construction and to motivate
Contractors to achieve above aspects.

Bidder Commissioner
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 2. The Third Party Quality Control Agency (TPQC) shall provide an independent
assessment of the quality of Engineering Works at different stages of construction.
The agency shall setup a quality control lab and develop a system with the help of
prescribed testing norms and operated by a competent team of appropriate
technical personnel. The agency/agencies engaged shall be responsible for
assessing quality of basic input materials, workmanship and final product by
conducting appropriate tests (both field & laboratory) including periodical
supervision of Engineering Works at appropriate stages of construction (viz.,
preconstruction, during construction and post construction).
3. The consultant shall deploy the key experts and support staff as per need of
assignment and shall issue report of completed works every month.
4. During pre-construction inspection, the consultant shall highlight the problems/
issues if any, and also suggest steps/ solution for the same so as to achieve the
desired quality.

3. Qualification criteria:

a. Consultancy firm should be in existence and have experience of at least for 5

(Five) years in providing TPQC/TPQA Consultancy services for Civil Works.
b. Consultant should have experience of Third Party Quality Control services for civil
engineering works in Govt. Sector/Municipalities at least for 2 (Two) years during
the preceding 5 years.
c. The average annual financial turnover of the firm on civil engineering consultancy
works should not be less than Rs.20.00 Lakhs in the last five years. The bidders
should submit Audited Balance Sheets duly certified by the Chartered Accountant
in respect of the above.
d. The Consultancy firm should have valid GST Registration.
e. The Consultancy firm should own or have a tie up with any approved laboratory in
the state (Telangana) that has accreditation by National Accreditation Board for
Testing and Calibration Laboratories (NABL).

Note:
i. In support of qualifying criteria, the details and certificates are to be furnished as
per the Formats available in the RFP document.
ii. Financial turnover of previous years shall be given a weightage of 10% per year to
bring them to 2019-20 price level.
iii. The offer is open to Individuals/Firm/Companies only and joint ventures or tie up
with other consultants are not permitted except for lab facilities.
iv. The bidder is subjected to be disqualified and liable for black-listing and forfeiture
of bid security, if he is found to have misled or furnished false information in the
forms/statements/certificates submitted in proof of qualification requirements.
v. Even while execution of the contract, if found that the agency had produced
false/fake certificates of experience he will be liable for black-listing and the
contract will be liable for termination along with forfeiture of Bid security and all
other amounts due to him.
vi. The bidder should submit a copy of PAN card and valid GST registration certificate
issued by the competent authority and copy of the latest GST Return filed.
vii. Sub-Contracting/Sub-letting is not allowed.

Bidder Commissioner
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viii. NMC reserves the right to relax the conditions uniformly if required for eligibility of
the bidders in the public interest. The bidder(s) shall not have any right to
question the decision taken by the NMC in this regard.

4. Bid Security:
The Bidder shall furnish Bid Security for Rs. 2.00 lakhs in the form of demand draft
drawn on any nationalized Bank in favor of the Commissioner, NMC, Nizamabad.
Bid Security shall be kept in the envelope containing Technical Proposal. The
proposals received without Bid Security shall be rejected then and there. The Bid
Security is liable to be forfeited if successful bidder fails to execute the Agreement
within 15 days from the date of issue of Letter of Acceptance. The bid security of
unsuccessful bidders will be discharged on finalizing the contract.

5. Schedule of Bidding Process:

The following schedule during the Bidding Process:

S Event Description Date (dd/mm/yyyy)

No.
1 Bid Download start date As published

2 Last Date& Time for As published

submission of Bid
3 Date& Time of opening of As published
bids (Technical proposals)

4 Date and time of opening of Shall be intimated to Technically qualified

Financial proposals bidders separately

6. Instructions to Bidders:

1. Nizamabad Municipal Corporation intends to set up Third Party Quality

Control Agency (TPQC) for the Engineering Works Costing above Rs.1.00
Lakh undertaken by Nizamabad Municipal Corporation for the financial Years
2019- 2020 &2020-2021.

2. With the aforesaid objective Nizamabad Municipal Corporation invites

detailed proposals from reputed consultants for the Project.

3. The NMC intends to adopt a two stage bidding process for selection of TPQC
Consultant. The scope of work of the Bidder is set out in the Terms of
Reference (ToR).

4. For this purpose the bidders are requested to download the RFP (in .pdf
format) placed on the website of the NMC during the notified period, sign
on each page of the RFP by the authorized signatory and submit the same

Bidder Commissioner
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 following the procedure prescribed in Para 8 below before the due date and
time duly enclosing the required documents, bid fee, bid security etc., as
detailed in the RFP.

5. Under no circumstances financial proposal shall become part of

Technical proposal. It shall be submitted separately in sealed Envelope
„B‟

6. The Proposals received from the Bidder shall be evaluated on the basis of
the criteria set out in this Bid document. The Bidder shall submit only one
(1) Proposal. Any Bidder who submits more than one Proposal shall be
disqualified.

7. The Bidder shall be an independent registered Consultant/Firm/Company

having experience of providing TPQC Services of similar nature.

8. The Successful Bidder would have to enter into a Consultancy Agreement

with Nizamabad Municipal Corporation as per the fees and terms of
payments described in the Bid Document.

9. The Proposal shall remain valid for a period of 90 days from the Proposal
submission due date (Proposal Validity Period).

10. Commissioner, Nizamabad Municipal Corporation reserves the right to reject

any Proposal without assigning any reason.

7. Pre-Bid Meeting
A pre-proposal conference open to all prospective consultants will be held
on the date, time and place mentioned in the Notice published to seek
clarifications on the scope of the work, ToR, contract conditions and any
other required information.
8. Format and Signing of Proposal

8.1 The Bidder shall provide all the information as per this Bid Document and
NMC would evaluate only those Proposals that are received in the required
format and are complete in all respects. Each Proposal shall comprise of the
following:

A. Technical Proposal in Envelop „A‟

B. Financial Proposal in Envelop „B‟
C. Both envelopes „A‟ and „B‟ to be placed in another Envelope „C‟ sealed
and submitted up to the date and time at the place mentioned in the
Notice.

8.2. The "Technical" and "Financial" proposals must be submitted in two separate
sealed envelopes (with respective marking on the covers in bold letters) in the
prescribed formats/schedules given in the RFP. The first envelope marked
"TECHNICAL PROPOSAL" should include the description of the firm, the firm‟s
general experience in the field of assignment and competency of the personnel
Bidder Commissioner
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 proposed for the assignment and the proposed work plan methodology and
approach in response to suggested Terms of Reference. The bidder shall also
submit along with technical proposal proof of owning Quality Laboratory or having
tie –up with an established Quality Laboratory.

8.3 The first envelope should not contain any details of Financial Proposal whatsoever.
The second envelope marked "FINANCIAL PROPOSAL" must also be sealed and
should contain the detailed price offer for the services in the prescribed format.

8.4. Both the sealed envelopes should again be placed in a sealed cover (Envelope „C‟)
which should be superscribed with details of the name of the work/assignment and
the Bid reference No. etc, which will be received in the office of the Municipal
Engineer, NMC Nizamabad Up to the date and time mentioned in the RFP.

8.4. The Bidders shall quote percentage (%) fee both in figures and words in the
Financial Schedule. This will be the fee payable (for TPQC services) + GST.

9. Sealing and Marking of Proposal

9.1 Each of the envelopes, both outer and inner, must be superscribed as „Bid
(Proposal) for Appointment of agency for conducting 3rd Party Quality Control
Services for civil works (costing above Rs 1 Lakh) undertaken by Nizamabad
Municipal Corporation for the Years 2019-2020& 2020-2021‟ and with the
following information:

i. Name and Address of Bidder

ii. Contact person and phone numbers.

9.2 All the envelopes shall be addressed to:

The Commissioner,
Nizamabad Municipal Corporation,
Nizamabad
9.3 If the envelope is not sealed and not marked as instructed above, NMC assumes no
responsibility for the misplacement or premature opening of the contents of the
proposal submitted and such proposal may, at the sole discretion of NMC, be
rejected.
9.4 The Bidder is expected to examine carefully the contents of all the documents
provided. Failure to comply with the requirements of the RFP shall be at the
Bidder‟s own risk.
9.5 It shall be deemed that prior to the submission of the Proposal, the Bidder has:

a. made a complete and careful examination of terms and conditions/

requirements, and other information as set forth in this RFP;
b. received all such relevant information as it has requested from Nizamabad
Municipal Corporation and
c. made a complete and careful examination of various aspects of the assignment
9.6 Nizamabad Municipal Corporation shall not be liable for any mistake or error or
neglect by the Bidder in respect of the above.

Bidder Commissioner
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10. Proposal Due Date
10.1 Proposals should be submitted on or before the date and time published/amended/
extended as the case may be at the address mentioned in Clause 9.2 in the manner
and form as detailed in Clause 8 and 9 of this RFP. Proposals submitted by either
facsimile transmission or telex will not be accepted.

10.2 The Commissioner, NMC may, in exceptional circumstances, and at its sole
discretion, extend the above Proposal Due Date by issuing an Addendum.

11. Opening of Proposals and Clarifications

11.1 Technical Proposals will be opened on the date and time notified for the RFP.
Financial Proposal of the technically qualified Bidders shall only be opened. The
date, time and venue of such opening shall be intimated to the qualified bidders
separately.

11.2 Nizamabad Municipal Corporation reserves the right to reject any Proposal not
submitted on time and bids which do not contain the information/documents as set
out in this RFP.

11.3 To facilitate evaluation of Proposals, Nizamabad Municipal Corporation may, at its

sole discretion, seek clarifications in writing from any Bidder regarding its
Proposal.
12. Evaluation

12.1 The Proposal would be considered to be responsive if it meets the following

conditions:
a. It is received by the Proposal Due Date including any extension thereof.
b. It is signed, sealed and marked as stipulated in the documents.
c. It contains all the information and documents as requested in the Bid Document.
d. It contains information in formats specified in this Bid Document.
e. It contains EMD as specified in Clause 4 of the Bid Document.
f. It provides information in reasonable detail (“Reasonable Detail” means that, but
for minor deviations, the information can be reviewed and evaluated by without
communication with the Bidder).NMC reserves the right to determine whether the
information has been provided in reasonable detail.
g. There are no inconsistencies between the Proposal and the supporting documents.
A Proposal that is substantially responsive is the one that confirms to the preceding
requirements without material deviation or reservation. A material deviation or
reservation is one, which affects in any substantial way, the scope, quality, or
performance of the Project, or which limits in any substantial way, inconsistent
with the Bid Document, rights or the Bidder‟s obligations under the Agreement, or
which would affect unfairly the competitive position of other Bidders presenting
substantially responsive Proposals. The responsive proposals shall be evaluated as
per the criteria set out in following clauses.
A two-stage procedure will be adopted in evaluating the proposals with the
technical evaluation being completed prior to any financial proposals are opened.
The technical evaluation will be carried out on the information & documentary
evidence furnished by the bidder along with Technical Proposal. All firms who
satisfy the qualifying criteria will be declared successful in technical proposal and
the financial proposals of only those bidders who are declared successful in
technical proposal will be opened.
Bidder Commissioner
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 1. Proposal Evaluation: Technical Proposal
1.1 The Technical Proposal submitted would first be checked for responsiveness
and other eligibility requirements mentioned in Cl. 3 of the bid including EMD.
1.2 In case the Technical Proposal is found to be not clear, NMC may also request
the Bidder to submit clarifications. ,

1.3 The evaluation of the Financial Proposal would be taken up only after the
contents of the Technical Proposal are found to meet the requirements of this
RFP. NMC reserves the right to reject the Proposal of a Bidder without
opening the Financial Proposal Submission if, in its opinion, the contents of
Technical Proposal Submission are not substantially responsive with the
requirements of this RFP.
1.4 Financial Proposal shall be opened in the presence of the Bidders who have
qualified in Technical proposal evaluation.
2. Scoring Methodology: Technical Proposal.
2.1 The total maximum score under evaluation of Technical Proposal is 100.
2.2 This score shall be based on an assessment of the Technical Proposal of the
Bidder. The Technical Proposal submitted by the Bidder would be assessed
through rating of various parameters set out in the table below.

i) Specific experience of the Consultant relevant to the assignment / job 70 marks

Sub criteria

Experience as TPQC/TPQA consultant on Civil Works/Similar nature

of assignments successfully completed during the last 5years
a 3 marks for each TPQC/TPQA consultancy assignment (No. of 30 marks
assignments completed with minimum project/work value of Rs. 50.00
lakhs) subject to a maximum of 30 marks.

Experience as TPQC/TPQA consultant of Civil Works/Similar Nature

of assignments successfully completed in Government Sector/
Municipalities during the last 5 years

b 5 marks for each TPQC/TPQA consultancy assignment (No. of 20 marks

assignments completed with minimum project/work value of Rs.50.00
lakhs) subject to a maximum of 20 marks.
Note: It shall be noted that experience in Item a) and b) are mutually
exclusive
Annual Turnover (updated to FY 2019-20) of the Consultancy Firm
during the last 5 FY
c For turnover above Rs. 20 lakhs, marks will be awarded in proportion 20 marks
to the turnover i.e., Annaul turnover(updated)/20 lakhs X 2 subject to a
maximum of 20

Bidder Commissioner
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 Proposed methodology and work plan in response to the Terms of
ii) 20 marks
Reference.
Sub-criteria
a Technical approach & methodology 10 marks
b Work plan 5 marks
c Own lab facilities in Nizamabad (3m)+Mobile lab (2m) 5 marks
Key professional staff: Qualification & competency for the
iii) 10 marks
assignment / job.
Experience of QC Manager above 5 years (1 mark each will be awarded
a 5 marks
for each additional year of experience) subject to maximum of 5 marks
Experience of QC Asst. Managers above 2 years (1 mark per head per
b 5 marks
each additional year of experience) subject to a maximum of 5 marks

Total 100 marks

2.3 The Bidders shall submit Project Data Sheets as set out in Form-1 & Form-2.
The Project Data Sheets shall need to be accompanied with copies of the
letters from the clients for the 3rd Party Quality Control Services successfully
completed by the bidder.

2.4 The score under the Technical Proposal (Technical Score) would be the
arithmetic sum of the marks assigned to the Bidders under each of the
parameters listed above in table.

2.5 Bids with technical score of 70 or more points will be considered as

technically qualified.

12.2 Composite scoring & Method of selection:

The technical score of the proposal will be given weightage of 70%. The Financial
proposals of only those bidders who qualify technically (Minimum Qualifying Marks:
70) will be opened. The proposal with the lowest cost will be given a financial score
of 100 and the other proposals will be given financial score that are inversely
proportional to their prices compared to proposal with lowest cost. The financial
proposal shall be allocated weightage of 30%.

The combined score will be calculated as per the following formula:

Total points = 0.7 x T (s) + 0.3 x F(s)

where
T(s) stands for Technical Score of the qualified bidder as per evaluation
F(s) stands for Financial Score (= 100 x F(L1)/F(x)
F(L1) is the lowest financial proposal among the qualified bidders
F(x) is the financial proposal of the bidder under evaluation

Bidder Commissioner
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 The proposals will be ranked in terms of total (combined) points scored.
The Bidder obtaining the highest Composite Score (H1) would be declared as the
Preferred Bidder and NMC may accept the Proposal of the Preferred Bidder with
or without negotiations.

12.7 In case there are two or more Bidders scoring the same highest Composite Score,
the NMC may in such case compare the average financial turnover of the Firms/
Consultancies over the past five years and the one whose turnover is higher will be
the preferred bidder. The selection in such cases shall be at the sole discretion of
Nizamabad Municipal Corporation.

12.8 Nizamabad Municipal Corporation Reserve the right to reject any Proposal, if:

a. At any time, a material misrepresentation is made or discovered; or

b. The Bidder does not respond promptly and diligently to requests for
supplemental information required for the evaluation of the Proposal.

12.9 In the event of acceptance of the Preferred Bidder with or without negotiations,
the NMC will declare the Preferred Bidder as the Successful Bidder. NMC will notify
the Successful Bidder through a Letter of Acceptance (LoA) that its Proposal has
been accepted.

12.10 The successful Bidder shall be required to execute the Consultancy Agreement
within the time given in the LoA or within such further time as may agree to
between the NMC and the successful bidder.

12.11 Failure of the Successful Bidder to comply with the requirements of Clause 12.10
above shall constitute sufficient grounds for the annulment of the LoA. In such an
event, NMC reserves the right to
a. Either invite the next best Bidder for negotiations or
b. Take any such measures as may be deemed fit including annulment of the
bidding process.
c. Forfeit the EMD and black list the successful bidder.

12.12 Notwithstanding anything contained in this Bid Document, the NMC reserves the
right to accept or reject any Proposal or to annul the bidding process or reject all
Proposals at any time without any liability or any obligation for such rejection or
annulment without assigning any reasons thereof.

12. Award of Contract

(a) The Financial proposals shall be opened publicly in the presence of the qualified
Consultants' representatives who choose to attend on the prescribed date & time
which will be intimated to all technically qualified bidders in advance.
(b) The Commissioner NMC (or any other Officer authorized by the Commissioner,
NMC) will determine whether the financial proposals are complete (i.e., whether
they have estimated all items of the corresponding technical proposals; if not, the
client reserves the right to cost them and add their cost to the initial price,
correct any computational errors). On the request of NMC, the firms shall furnish
the detailed cost break up and other clarifications to the proposals submitted by
them. The financial offer shall include all taxes except GST.
(c) The first lowest financial offer is basis of the contract subject to conditions
stipulated in Para-14. The nature of Contract is non exclusive and the NMC can
Bidder Commissioner
Page 14 of 45
 choose as many firms as required depending on the work load at lowest offered
rates. The decision of the award of the contract to a single firm or many firms and
allocation of operational area are solely at the discretion of the client. However,
the NMC reserves the right to designate an alternative (i.e. second option) agency
for each area of operation to obviate the CONFLICT OF INTEREST as stipulated in
G.O.Ms.No.289 Finance (TFR-II), dated:04.10.2006.
14. It may be noted that NMC is not bound to select any of the firms submitting
proposals. Further, as quality of service is the principal selection criterion,
client/NMC does not bind itself in any way to select the firm offering the lowest
price if the lowest rates quoted are found not workable.
15. The firms are requested to hold their financial proposal valid during the validity
period of the RFP without changing the personnel proposed for the assignment.
The client will make its best efforts to select firm/firms within the validity period.
16. It may be noted that the cost of preparing a proposal including visits to the
Commissioner, NMC, or other functionaries of NMC, if any are not reimbursable as
a direct cost of the assignment.
17. Assuming that the contract can be satisfactorily concluded in one month, the firms
are expected to take up/commence the assignment within one month from the
proposal due date.
18. It may be noted that the remuneration will be subject to tax liability in India as
per statutory norms. It is up to the bidder to verify and update on such taxes and
NMC is not liable for the taxes if any not considered by the bidder at the time of
bidding.
19. Payments will be released for the services at the agreed rate as a percentage over
the net value of work done. NMC reserves the right to change the area of operation
allocated to the agency.
20. NMC reserves the right to accept or reject any or all bids without assigning any
reasons whatsoever.
21. The dates stipulated in the NIT are firm and under no circumstances they will be
relaxed unless officially extended
22. The bidders are instructed not to alter or make any changes to the RFP. If any
changes are made to the RFP by bidder, it shall be treated as tampering of
documents and the bid shall be summarily rejected.
23. The bid is likely to be rejected if on opening it is found that –
i. The bid security is not enclosed.
ii. The bidder has not followed the procedure laid down for submission of bid.
iii. The bidder has proposed conditions which are inconsistent with or contrary
to the terms and conditions specified i.e., conditional bid.
iv. Additions, corrections or alteration made by the bidder on any page of RFP.
v. Any page or pasted slips of the RFP missing
vi. The bidder has not signed the proposal.
vii. The bidder has specified any additional condition.
viii. The bidder has quoted financial offer anywhere other than specified in
financial bid
24. If there is any discrepancy between the offer quoted in figures and in words, the
Rate quoted in words will be taken for evaluation

Bidder Commissioner
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25. Confidentiality and publicity:

The Consultant shall treat the details of the output of the assignment and the
Services as confidential and for the Consultant's own information only and shall not
publish or disclose the details of the output, deliverables/milestones submitted to
Nizamabad Municipal Corporation or the Services in any professional or technical
journal or paper or elsewhere in any manner whatsoever without the previous
consent in writing of Nizamabad Municipal Corporation.

26. Responsibilities and obligations of the consultant:

The successful Consultant shall:

a) Provide the Services in accordance with the scope of work as mentioned in

the RFP
b) Exercise the degree of skill, care and diligence normally exercised by
members of the profession performing services of a similar nature ;
c) Be bound to comply with any written direction of to vary the scope
sequence or timing of the Services ;
d) Use all reasonable efforts to inform itself of its requirements for the
Deliverables for which purpose the Consultant shall consult throughout the
performance of the Services.

Commissioner
Nizamabad Municipal Corporation,
Nizamabad
Enclosures:
1. Terms of Reference.
2. Condition of Contract.
3. Forms 1- 5.
4. Form of Agreement
5. Part II Financial Proposal

Bidder Commissioner
Page 16 of 45
 TERMS OF REFERENCE

1. OBJECTIVES.
1.1 The main objective of this assignment is to ensure conformation of quality of
works to relevant standards through independent assessment of the quality of all
construction works executed by Contractors.

1.2 The 3rd party Quality Control Agency/Consultant shall provide an independent
assessment on the quality of the works at different stages of construction. It shall setup a
quality control system with the help of prescribed testing norms through a competent
team of Technical Personnel.

2. SCOPE OF WORK
2.1. The consultant or his representative shall inspect the sites before
commencement of work, during progress of the work as required by the type of
work but not less than the frequency mentioned below in Para 3.9 during all
the stages of progress and closely verify whether stipulated standards of
quality is maintained at site. If there is any discrepancy/error/omission, the
consultant shall point out with suggestions and remedial measures to the NMC
2.2. The consultant shall carry out independent testing (Field & Laboratory) of
construction materials, workmanship and final product of work with due
diligence and will report to the concerned Executive Engineer with his
suggestions and remedial measures if any

3. GOVERNING FACTORS

3.1 The job of consultancy for quality control shall be the combination of field visits,
testing of materials, office work, analyzing and reporting on the quality of
construction materials, construction process, checking of test results and verify
the performance of the final product with certification.

3.2. The consultant shall timely carry out independent checking/testing of materials
after collecting random sample in the presence of representative of contractor and
department to ensure that specified quality is achieved. If neither departmental
site engineer nor contractor is present at site, they shall inform the higher officer
and sampling shall be done only in their presence. Similarly testing shall be done in
the presence of departmental officer and contractor. Sampling or testing done
without following the above procedure is deemed to be invalid

3.3 The frequency, number, location and timing of sampling shall be spread over the
whole area of the work and construction period which are also shall be in
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 accordance with the sampling criteria specified in the relevant code of practices
such that they will fairly represent the whole work‟s quality
3.4 In respect of EPC works, the consultants shall verify 10% of the tests being done by
the EPC agency independently.
3.5. The consultant shall furnish details about the testing equipment, skilled &
unskilled persons with their qualifications & experience engaged by him for testing
of samples
3.6 The firm shall establish mobile testing laboratory as it will ensure testing of
materials at site of work and along with full-fledged establishment/office in
Nizamabad or should be able to setup the same in Nizamabad with office facilities
like telephone, computers, printers, Fax, e-mail facilities & Software‟s like MS
Office, etc. along with required quality lab equipment along with provision for
curing tank for curing of cubes cast etc.,
3.5. The consultant shall provide the plan and the methodology for Quality Control
inspection and material testing in general as per the norms and the specific to
each work before the during the review of the work at pre construction stage.
3.6. The consultancy team shall have considerable strength of expertise and established
track record of providing quality control services
3.7. The consultant shall appoint one Manager with B.E. (Civil) having experience not
less than 5 years as Q.C. Engineer and two Asst. Managers with B.E.(Civil)/Diploma
in Civil Engg. having experience not less than 2 years as Q.C. Engineers apart from
other supporting technical and non-technical staff.
3.8. The Client/NMC will not consider substitute, except in case of unexpected delay on
the starting date or for reasons of health or engineer leaving the firm.
3.9. The consultant shall make unscheduled visits to ensure random surprise checks
from time to time to the various works under construction subject to a minimum
number of visits at frequencies as per monetary limits of the work shown in the
table given below: The consultant shall take photographs at the site (capturing
salient view) for each visit
Frequency/ No. of visits Required: (Minimum Number)

Prior to During After

S.
Estimated cost of work Commenceme Progress of completion
No.
nt of work Work of work
1 Rs.1.00 Lakh to Rs.5.00 Lakhs 1 1 1

2 Above Rs.5.00 Lakhs and 1 1 1

up to Rs.10.00 Lakhs
3 Above Rs.10.00 Lakhs and 1 2 1
Upto Rs.50.00 Lakhs
2+1 visit
per
4 Above Rs.50.00 Lakhs 1 every Rs.25 1
Lakhs
expenditur
e
over and
above
Bidder Commissioner
initial
Page 18 of 45
Rs.50.00
Lakhs
Sampling Criteria

 For all concrete related works, sampling criteria as specified in IS:456-2000 (Cl :15)
shall be followed and testing shall be done as per codal provisions (or) as directed
by Engineer-in-Charge.

Qty. of Concrete in Work (Cum) No. of Samples required

1–5 1
6 – 15 2
16 – 30 3
31 – 50 4
4 + 1 Additional sample for each
51 and above
additional 50 Cum or Part thereof

 For all Concrete related works, Concrete tests shall be conducted as per codal
provisions in practice (or) as directed by Engineer-in-Charge.
 All BT related works, BT sampling criteria shall be as per codal provisions in
practice (or) as directed by Engineer-in-Charge.
 All BT related tests shall be carried out as per codal provisions in practice (or) as
directed by Engineer-in-Charge.

No. of QC test reports required

S. No. of Reports
Description Remarks
No Required
1 For all works below (i) During Execution
Rs 10.00 Lakhs Not less than 2 (ii) After Completion
2 For all works above (i) Before start of work
Rs 10.00 Lakhs Not less than 3 (ii) During Execution
(iii) After Completion

 For works below Rs.10.00 Lakhs, a minimum of 2 QC test Reports shall be provided
(i) At intermediate stage during the execution of work (1/2 report)
(ii) Final QC Report after execution of works duly completing all the tests as
per codal provisions (or) as directed by Engineer-in-Charge. (2/2 report)
 For works above Rs.10.00 Lakhs, a minimum of 3 QC test Reports shall be provided
(i) Pre-construction stage: To check and clear the quality of material stalked
prior to start of the work (1/3 report)
(ii) During construction: At intermediate stage during the execution of work
(2/3 report). There could be any number of reports as per the need/code.
(iii) Post construction: Final QC Report after execution of work duly completing
all the tests as per codal provisions (or) as directed by Engineer-in-Charge
(3/3 report)
 The role of 3rd Party Quality Control Agency shall be conducting detailed
checks of activities of construction from the starting stage to the finishing
stage. This would involve collection of samples and arranging testing. The

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 TPQC consultant shall be in interaction with various authorities as and when
required.
a) Establishment of central reporting station at NIZAMABAD for all kinds
of communication and monthly reporting to the Commissioner,
Nizamabad Municipal Corporation for all types of quality tests. The
Q.A. reports in technical, systematic informative and qualitative
Manner.
b) The team working in NIZAMABAD town for conducting Q.C. tests.
c) Field staff with required mobile testing equipment for onsite
inspections including all checks of the works.
The following tests shall be conducted as per necessity:

TESTS ON MATERIALS

1. Tests on cement
a) Standard consistency
b) Fineness
c) Initial and final setting times
d) Soundness
e) Compressive strength
f) Specific gravity
2. Tests on fine aggregate
3. Tests on coarse aggregate
4. Compressive strength of concrete(Cubes)
5. Tension test on steel rods
6. Test on Bricks
7. Concrete Mix design
8. Sieve Analysis of Fine and Coarse aggregates.
9. Core Tests on Cement roads

TESTS ON SOILS

1. Soil tests on bored samples including borings

2. Pile load plate load test
3. Tests on undisturbed soil sample
4. Compaction tests (Standard and Heavy)
5. Consolidation test
6. Sieve analysis
7. Hydro meter analysis
8. Swelling pressure test
9. Tests on disturbed samples
10. Shear tests
11. Unconfined compression test
12. Liquid limit and plastic limit

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 TESTS ON ROADS

1. Tests on bitumen
a. Penetration
b. Softening point
c. Flash & fire point
d. Ductility test
e. Solubility test
f. Loss on heating
g. Specific gravity
h. Bitumen extraction test
2. Test coarse Aggregates
a. Impact Value
b. Crushing Value
c. Los Angles Abrasion
d. Flakiness/Elongation index
e. Water absorption
f. Specific gravity
g. Stripping Value
3. Tests on fine Aggregates
a. Specific Gravity
b. Bulking
c. Density
d. Soundness tests 5cycles
4. Mix Design
a. BM, DMB, BC, Mix seal etc.
b. Pavement Quality Concrete
(PQC), ROC, POC
c. Marshal stability testing on Bituminous
Mixes or hardness test for Mastic Asphalt on prepared
5. Field Test
Pavement design of sub-grade by CBR method
 Any/All of the above mentioned tests for particular work shall be carried
out as per the directions o the Engineer–in–charge.
 The consultant shall conduct tests/checks and sampling required to be
executed as per Andhra Pradesh Standard Specifications/IRC/IE Rules/IS
codes/specifications of the works executed by the contractors.
 The consultant will be fully responsible for the authenticity of the test
results and submit test results in original to the Commissioner, Nizamabad
Municipal Corporation.
 The technical information such as the acceptable limits of the respective
tests etc., shall be quoted alongside the test results.

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P1.1 The report on first visit i.e., prior to starting of work shall consist of site appraisal,
quality/quantity of material stalked at site for the work etc.,
P1.2 The consultant shall educate the field Engineers as well as contractors regarding
good construction practices for maintaining the Quality of the work. The field
Engineer concerned will ensure that the copies of Tech. Sanction/Agreement/
Detailed drawings etc., are made available to the Consultant.
P1.3 In respect of RCC pipes and such other factory manufactured items the Consultant
shall visit the factory to witness the tests conducted and the results shall be
incorporated in the inspection report. The consultant shall inform the Executive
Engineer & the Superintending Engineer whenever such inspections are planned.
P1.4 In respect of RMC plant and Hot Mix Asphalt/Batch Mix plant, the Consultant shall
verify the batch sheets and the same shall be mentioned in the inspection report.
The Consultant shall endorse on such batch sheets that the verification is done.
Scanned copies of all such verified documents shall be communicated to the
concerned Engineer in charge of the work.
P1.5 The cement used in construction work should be fresh and not older than 3
months. It should be ascertained by the consultant and mentioned in the
inspection report also.
P2.1 During visits when work is in progress, the consultant shall check and report
whether work has been executed according to the drawings, designs and
specifications and in line, levels as per approved drawings.
P2.3 During visits the consultant shall spend time observing the contractor‟s working
practices also. The consultant shall make further visits as necessary to follow up
particular areas of concern. One of the main objectives is to enable the
contractors to improve the construction practices and to resolve difficulties in
amicable manner. It should be remembered that time is the essence of the
contract and that considerable judgment is required regarding quality aspects of
the work. If contractors fail to hear advice or do not undertake work which
requires rectification or replacement, the matter should be immediately reported
to the field Engineer so that appropriate action can be taken under the terms of
contract
P2.4 The Consultant shall take action for casting cubes during the concreting work of
pavements and on completion of the work, core tests shall be conducted invariably
(irrespective of the outcome of cube test results) to assess the strength, thickness
and Density of pavements as per the sampling criteria stipulated in the relevant
codes.
P2.5 The consultant shall furnish work wise inspection report of each visit with all
details, highlighting problem areas and solution etc. to concerned Engineers. The
consultant shall be responsible for bringing out in writing, to the notice of E.E and
S.E any instance of deviations from accepted quality of construction materials,
workmanship and general quality of works at appropriate stages of construction.

P2.6 The consultant shall bring to the notice of Commissioner, S.E. and EE NMC
immediately, if any work is found being executed with change of specifications and
/or change of site without approval of competent authority. If in his opinion it is
found necessary to change specifications or modify design, the same shall be
brought to the notice of concerned Executive Engineer if the work is Rs.50.00
Lakhs or below and to the Superintending Engineer if the work value is exceeding

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 Rs.50.00 Lakhs. In both cases the information shall be furnished to Commissioner,
NMC also.

P2.7 Reports of material testing at site and lab should be provided by the consultant to
concerned Engineer in charge of the work under a copy to the EE and SE, NMC
P3.1 The consultant shall communicate tentative inspection schedule to the concerned
Asst Engineer as well as Dy. Executive Engineer of concerned Zones whenever the
core cutting is planned. The Consultant shall also communicate the schedule of lab
testing of all materials including steel Reinforcement, Concrete Cubes, Concrete
Cores and BT Cores etc., well in advance to the concerned Asst Engineer as well as
Dy. Executive Engineer and EE NMC through electronic mail or SMS to enable them
to witness the tests at random
P3.2 After the work is completed, consultant shall issue final Quality Control report
after due verification of various items of work. The final report shall consist of
action taken report of site engineers if any on the earlier reports, lab and field test
results of the finished products and general comments on overall quality of work
based on visual inspection.
R1 The consultant shall develop and follow the computerized reporting and record
management system and shall obtain prior approval of the same from Client/NMC
R2 The consultant shall submit monthly reports of his observations and inspections,
highlighting the progress of the work. Major defects/ shortcomings /deviations
observed during the visits shall be notified immediately to the Executive Engineer.
R3 A consolidated quarterly statement showing the dates of visit i.e. 1st visit, 2nd
visit, and 3rd visit and so on for all the sites shall be submitted to the
Commissioner, NMC and the Superintending Engineer, NMC

3.4 From starting of work to the completion, photographs of work should be taken in
every visit at different stages and enclosed with the respective inspection reports
3.5 If any deviations are found in providing TPQC services, suitable action will be
initiated and necessary deductions/fines will be imposed and recovered from the
amounts payable to the Consultant.
The following mandatory tests shall be conducted:

I. For B.T Road works

a. B.T. Extraction Test for B.T content in B.T Sample.
b. Gradation Test for B.T Mix
c. Thickness of the B.T overlays at different locations.
d. Quality of the finished road surface.

II. For C.C Road Works

a. Sieve Analysis of coarse & fine aggregate
b. Testing of crushing strength of standard cubes.
c. Quality of the finished road surface.
d. Non Destructive testing and thickness.

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 III. For Buildings Works
Testing of concrete (for critical elements)

Brick / Stone Masonry works.

IV. WBM Roads.

Thickness of layer, testing of materials, comments on surface & camber.

In addition to the above, the Third Party Quality Control consultants shall
perform tests in accordance with MORTH/ISI/IRC and normal practice followed in
Government Departments. The following method of sampling and test frequency are
indicative and not exhaustive.

B.T. ROADS

1. The sample collection for BM/DBM/SDBC/BC should be done by taking from a

trial pit of 150 mm x 150 mm with the full depth of the layer. The sample thus
taken shall be thoroughly mixed and divided into four parts and one part
(around 500 gm) needs to be taken for Bitumen Extraction. It is preferable to
soak the sample in Benzene for 24 hours to get proper results. The sampling
needs to be proper as few higher size aggregates make a lot of change in BT
percentage.

2. The location and chainage of the point where sample is collected shall be
mentioned for verification in case of claims from Contractors.
3. The depth of layers of BT road laid shall be taken only in cross-sections at
random clearly mentioning the chainage/permanent land mark, for each cross-
section. There is no need to average the thickness at different cross sections as
Third Party Check is a random check and cannot be generalized for arriving at
average.

4. The number of pits for each cross section depends on the width of the road. For
a road width up to 7.5 mts, three pits with two at 0.75 m each from the edges and
the third at the center of the road. Similarly for a road width between 7.5 mts to
11.0 mts, 5 pits at the cross-section as follows should be taken.
5.
L/S R/S

0.75m 2.0m C/L 2.00m 0.75m

X X X X X

-----------------------------------------------X-----------------------------------------------------

1 2 3 4 5

X ---------------------------------------width of road -----------------------------------------X

The same analogy should be maintained for widths more than 11.0 m by having
trial pits in each paver width treating the same as a minimum of 2.75 mt.
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 6. The possible water stagnation on the BT road surface should be viewed seriously
and a mention shall be made in report regarding the same if any. Further the
quality of Riding Surface, Disturbed Surface, Settlements in Road Cuttings,
should also be mentioned.

7. The Aggregate gradation analysis should be carried out strictly in accordance

with relevant tables of MORTH. There should not be any other irrelevant
graphs/comments, not justified by MORTH, present in the report.

C C. ROADS/ CC WORKS

1. The inspecting officer during progress shall be a graduate Engineer who should
have sufficient command in the subject. The check should be surprise and make
all the observations as mentioned below.

I. Whether departmental Engineer present.

II. Whether Technical Person of Agency present.

III. Whether Measuring Boxes being used.

IV. Whether Mastic Pads being used is as per (This can be verified by Standards
specification removing a Mastic Pad from the recently laid concrete Portion)

V. Whether water cement ratio maintained.

VI. Whether lean is laid separately at least for a slab panel before starting rich
mix. The compaction to lean to be verified.

VII. Verification of depths of rich mix & lean mix at 3 points in a cross-section for
the slab panel being paid.

VIII. Verification of date of manufacturing of Cement bags, silt content of sand etc.

IX. Verification of 20 mm metal stacks

X. Collection of samples of aggregate and the cubes for 7/28 days compressive
strength.
XI. Comments on curing to the extent of work completed by that time.

2. After completion of work of CC road and cleaning of surface, the site shall be
inspected again and observations on the surface should be made. The joint filling
should also be verified.

3. In case the TPQC fails to collect concrete samples required for cube testing, penalty
shall be levied @ Rs 2000.00 per sample. Further, the TPQC has to extract required
number of cores and the same shall be tested at their own cost.

R.M.C ROADS / RMC

The work of laying CC road with RMC when inspected during progress the
following needs to be verified.

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 1. The slump of the RMC before laying.
2. The computer printout about the details of mix and the time of departure. Any
RMC can be allowed to be laid within a maximum time of 4 hours.
3. Whether Screed Vibrators are used or not.
4. The slab panel width should be verified which should be less than the width of
Screed Vibrator or 4.5 mts., whichever is less.
5. The cubes of RMC to be cast by taking the mix directly from the transit mixer.
6. The re-handling of RMC is not allowed by using shovel and the same is to be
noted.
7. The surface of CC road to be verified for joint filling and other defects if any

DESIGNED MIX CC WORKS

1) Check the design mix details with reference to the raw materials available at site
vis-à-vis the designed materials. Conduct the sieve analysis for coarse and fine
aggregate.
2) Check the calibration of the weigh batcher.
3) Verify the slump before use of concrete.
4) Ensure testing of CC Cubes as per relevant IS Codes.
W.B.M/WMM. ROADS

The metal used for WBM/WMM should conform to the relevant grade as per
MORTH. Sieve Analysis shall be carried out by taking proper samples (not less than
20 kg ) The thickness of WBM/WMM layer wise should be checked by taking cross-
section only. The density of metal in the trial pits need to be checked along with
oversize percentage. There can be minimum three density trial pits in each work.
The density of metal each layer of WBM a trial pit size of 0.5 m x 0.5 m shall be 35 Kg
as per orders of the Government. The camber of WBM/WMM roads should be 1 in
48 and in case of widening portion the existing camber needs to be extended leaving
provision for wearing course.

4. SCHEDULE FOR COMPLETION OF ASSIGNMENT

The time schedule for completion of job is two years from the date of assignment.
R4 FORMATS

R4.1 The work-wise Inspection Reports shall include the following details:
a. Inspection Report No.
b. Name of the work
c. Estimated Cost
d. Name of the construction agency

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 e. Work order No
f. Names of the in charge NMC Engineers
g. Observations, action taken on earlier observations, test results, remedial
measures, suggestive measures
P2.8 Standard formats meeting the requirements of respective IS/IRC/MORTH standards
shall be used for test reports (field tests as well as laboratory tests). While
mentioning the strength/thickness/density etc the target values & tolerances (if
any) as per specifications/IS/IRC/MORTH standards shall be mentioned
R4.2 Monthly abstracts shall incorporate the following:
(a) Report for the month of -----------------------
(b) No. of works inspected
(c) No. of visits made
(d) No. of Inspection reports submitted
(e) No. of final reports submitted
(f) No. of tests carried out category-wise
(g) No. of major adverse remarks made
(h) No. of tests failed to conform to standards
(i) No. of ATRs received from field Executive Engineers
(j) Summary of observations
(k) Recommended remedial measures
Monthly report shall contain copies of inspection reports where major adverse
remarks are made and copies of test reports where test results failed to conform
to the standards
R5. SUBMISSION OF REPORTS
The consultant shall submit reports on the inspections, observations made
including the adverse cases during pre, during and post construction stages for
each work from time to time based on which only final payment will be
recommended to the contractor. In addition to the above a monthly report shall
be submitted by the Consultant based which the Consultants work can be
reviewed by the Commissioner, NMC.
R6. REPORTING SYSTEM
The Consultants shall submit the test reports with their remarks directly to the
client/clients representative as per TOR. The Consultant would collect the
information from the project site through detailed formats by carrying out relevant
tests and base information along with data will be submitted to the client/client‟s
representative. All the information, work wise, would be documented in a register.

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 8. PAYMENT SCHEDULE
8.1 Payment to the consultant in consideration of the services offered by them shall be
made along with the work bills of the Construction Agency by depicting the same
in the Memorandum of Payments provided the reports are adequate and in order.
For this purpose, the Consultant shall open a separate Bank Account in the
respective Branch of the SBH where the NMC accounts are operated and
communicate the Account no. to the Commissioner, NMC.

8.2 Payment shall be the agreed percentage (%) on the value of work done as per the
work bill before deducting/adding taxes on the work. GST will be paid on the
eligible payment to the consultant along with the QC payment.

8.3 Rates agreed shall be firm till the completion of the contract inclusive of
transportation, photography, documentation, stationary, accommodation, fuel,
communication charges and other incidental expenses etc.

8.4 The accountant will prepare a statement showing the details of the payments work
wise made to the Consultant during a calendar month and furnish copies of such
statements by 7th of the succeeding month to the Consultant for reconciliation. The
Consultant shall verify the same, countersign and return the same to the
Commissioner NMC, by 20th of that month, under intimation to the Superintending
Engineer and the Executive Engineer, NMC.

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 GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS
1.1. Definitions
Unless the context otherwise requires, the following terms whenever used in the
Contract have the following meanings:
a. “Applicable Law” means the laws of India and the State of Telangana and
Nizamabad Municipal Corporation (NMC).
b. “Client” or “Employer” means Commissioner, NMC or any authorised officer
representing NMC.
c. “Consultant” means the agency which has entered into contract with NMC to
provide 3rd Party QC Services.
d. “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) are attached, together with all the documents of such
signed Contract;
e. “GC” means these General Conditions of Contract
f.“Government” means the Government of India or Government of Telangana as
appropriate to the context;
g. “Local currency” means Indian Rupees;
h. “Party” means the client or the Consultants, as the case may be, and Parties
means both of them
i.“Personnel” means persons hired by the Consultants or by any Sub Consultant as
employees and assigned to the performance of the Services or any part thereof
j.“Services” means the work to be performed by the Consultants pursuant to this
contract as described in ToR.
k. “Year” means Financial Year for all purposes
1.2 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law.
1.3. Language – English
1.4 Notices
Any notice, request or consent made pursuant to this contract shall be in writing
and shall be deemed to have been made when delivered in person to an authorized
representative of the party to whom the communication is addressed as indicated
in the agreement.
1.5 Authorized Representatives
Any action required or permitted to be taken, and any document required or
permitted to be executed, under this contract by the client or the Consultants

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 shall be taken or executed by the authorized representative of consultant.
2.0 COMMENCEMENTS, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT.

2.1 Commencement of Services

The Consultants shall begin carrying of the services immediately after issue of
work order or signing the contract
2.2 Modification.
Modification of the terms and conditions of this contract, including any
modification of the scope of the services or of the contract price, may only be
made by written agreement between the client and the consultant.
2.3 Force Majeure
2.3.1 The Terms and conditions mutually agreed upon this contract shall be subject to
Force Majeure
2.3.2 Neither client nor the consultant shall be considered in default in the performance
of its obligations here under for such period, if such performance is prevented or
delayed because of war, hostilities, revolution, civil commotion, general strike,
epidemic, accident, fire, wind, flood, earthquake or because of any law or order
proclamation, regulation or ordinance by any government or of any sub division
thereof or an order by court of law, any act of god and state or any other cause
whether of similar or dissimilar nature beyond the reasonable control of the party
affected.
2.3.3 Should one or both the parties be prevented from fulfilling their contractual
obligations by a state of Force Majeure lasting continuously for a period of one
month, the parties shall consult with each other regarding future implications on
this contract.
2.3.4 In the event of force Majeure both parties shall put in their best efforts towards
resumption of the works at the earliest and shall put in their best efforts towards
mitigating the cost incurred by the other party.
2.4. Termination.
2.4.1. By the client
The client may terminate this contract, by not less than thirty (30) days written
notice of termination to the consultants, to be given after the occurrence of any of
the events specified in paragraphs (a) through (d) below
(a) If the consultants do not remedy the failure in the performance of their
obligation under the contract, within thirty (30) days of receipt after being
notified or within such further period as the client may have subsequently
approved in writing.

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 (b) If the consultants become insolvent or bankrupt.
(c) If the consultants, in the judgment of the client has engaged in corrupt or
fraudulent practices in competing for or in executing the contract.
(d) If, as the result of force majeure, the consultants are unable to perform a
material portion of the services for a period of not less than thirty(30) days.
For the purpose of this clause
“Corrupt practice” means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the selection or in contract
execution.
“Fraudulent Practice” means misrepresentation of facts in order to influence a
selection process or the execution of contract to the detriment of the client and
includes collusive practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-competitive levels and to
deprive the client of the benefits of free and open competition.

2.4.2. By the Consultants

The consultants may terminate this contract, by not less than thirty (30) days
written notice to the client, such notice to be given after the occurrence of any of
the events specified below:
(a) If, as the result of force majeure, the consultants are unable to perform a
material portion of the services for a period of not less than thirty (30)
days.
(b) If the client do not remedy a failure in the performance of their obligations
under the contact, within thirty(30) days of receipt after being notified or
within such further period as the consultancy may have subsequently
modified in writing.
2.4.3. Payment upon Termination:
2.4.3.1 If the contract is terminated under clause 2.4.1(a) to (c), all amounts due
to the consultants till the date of termination including bid security will be
confiscated.
2.4.3.2 If the contract is terminated under clause 2.4.1(d) or 2.4.2, all amounts
due to the consultants till the date of termination and bid security will be
released
3.0 OBLIGATIONS OF THE CONSULTANTS
3.1 General
The Consultant shall perform the Third Party Control Services for all works costing
more than Rs. 1.00 lakh or as specified by the client. The consultants shall
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 perform the services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted
professional Techniques and practices, and shall observe sound management
practices, and employ appropriate methods. The Consultants shall always act, in
respect of any matter relating to this contract or to the services, as faithful
advisers to the client. The consultant shall take all steps to take action in
accordance with the agreement of works contract between Municipal Corporation
and works contractor.
3.2 Conflict of Interests
The consultancy fee of the consultants pursuant to clause 5 shall constitute the
consultants sole consultancy fee in connection with this contract or the services,
and the consultants shall not accept for their own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this contract
or to the services or in the discharge of their obligations under the contract.
3.3 Confidentiality.
The consultants, and the personnel of either of them shall not, either during the
term or within two (2) years after the expiration of this contract, disclose any
proprietary or confidential information relating to the project, the services, this
contract, or the clients business or operations without the prior written consent of
the client.
3.4 Consultants actions requiring Clients Prior Approval
The Consultant has to obtain prior approval from the client i) For conducting
special tests at any recognized laboratories at no extra cost and owning the
responsibility for the correctness of the report ii) For engaging any retired/in
service Government engineers of Telangana.
3.5 Documents prepared by the consultants will be the property of the client. All
reports and other documents submitted by the consultants would remain the
property of the client.

4.0 CONSULTANT‟S PERSONNEL

As per the terms of reference adequate manpower would be deputed on the

project site to carryout necessary tests and preparation of reports. The consultant
would depute adequate manpower and other resources at respective locations
based on work load and specific requirement. All the liabilities of manpower
working on the project would be with consultant

Bidder Commissioner
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5.0 PRICE & PAYMENT SCHEDULE:
5.1 Consultancy fee:
The Consultant‟s fee for the Quality Control services will be paid at the approved
rate on the value of work executed at site.

5.2 GST:
Only GST will be paid extra. Any other taxes applicable shall be borne by the
consultant only from his consultancy fee.
5.3 Payment Schedule:
The Consultant shall raise the invoice duly showing the Consultancy fee and GST
separately along with final report certifying the quality of work. The client would
make the payment to consultant along with the work bill of Contractor.
5.4 Standard deductions: Mandatory deductions like Income Tax as applicable will be
deducted from the consultancy fee and a certificate will be issued to this effect.
6.0 SETTLEMENT OF DISPUTES
Any dispute arising out of this contract, which amicably not settled between the
parties, to solve it initially same would be presented to the Committee comprising
Commissioner & SE, NMC and consultant. If the dispute is not resolved, in that case
it shall be referred to adjudication/arbitration in accordance with Indian
arbitration and conciliation Act 1996
7. INDEMNITY:
In case the quality of any work is found inferior during the Quality check by the
client‟s QC wing or State Vigilance department or by any authority where the
consultants have passed satisfactory remarks in their inspection reports, the entire
consultancy fee including GST will be recovered from the consultant apart from a
penalty of 10% of consultancy fee. The consultant shall execute indemnity bond to
this effect.
9. DOCUMENTATION:
Documentation of yearly work-wise final sets of reports along with photographs
taken before, during and after execution with both soft and hard copies in three
sets would be submitted to the client after completion of financial year or the job
whichever is earlier.
10. OTHER CONDITIONS:
10.1 The consultant‟s reporting shall be of recommendatory nature informing the client
about the quality of materials, based on results and field observations.
10.2 The construction schedule of various works for which quality inspection is required

Bidder Commissioner
Page 33 of 45
 shall be obtained by the consultants by attending the office of respective
Executive Engineer / Engineer-in-Charge.
10.3 In case of emergency, consultant will have to submit specific report of that
concerned work as indicated by the client.
11. PERIOD OF AGREEMENT:
Two years from the date of entering into agreement. It can be extended to such
duration as felt by the client from time to time on mutual agreement.

Bidder Commissioner
Page 34 of 45
 (On Firm‟s letter head)

From, To.
--------------------------- ----------------------
--------------------------- ----------------------
--------------------------- ----------------------

Sir

Sub: - Hiring of Consultancy Services for…………………………….……………………………………..

- Reg.

******

I / We the Consultant/consultancy firm/company herewith enclose Technical &

Financial Proposal for selection of my/our firm as consultant for the work mentioned in
the tender notice.

We undertake that, in competing for (and, if the award is made to us, in

executing) the above contract, we will strictly observe the laws against fraud and
corruption in force in India namely “Prevention of Corruption Act 1988”

Yours faithfully

Signature………………………..
Full name….………………….

Address ……………………….
Authorized Representative

Bidder Commissioner
Page 35 of 45
 FORM – 1 (Clause 3.a)

ASSIGNMENT OF 3RD PARTY Q.C. SERVICES SUCCESSFULLY COMPLETED DURING THE

LAST 5 YEARS

S. Description Client / Cost of Period of Date of Date of

No. of Employer assignment assignment commencement completion
Assignment
1 2 3 4 5 6 7

Note: Please attach certificates from the employer/client by way of documentary proof

Authorized Signatory

Bidder Commissioner
Page 36 of 45
 FORM – 2 (Clause 3.b)
ASSIGNMENT OF 3RD PARTY Q.C. SERVICES SUCCESSFULLY COMPLETED IN GOVT.
SECTOR/UNDER TAKINGS/LOCAL BODIES DURING ANY 2 YEARS IN THE LAST FIVE YEARS

S. No. Description Client / Cost of Period of Date of Date of

of Employer assignment assignment commencement completion
Assignment
1 2 3 4 5 6 7

Note: Please attach certificates from the employer by way of documentary proof issued
By the officer of rank not below Executive Engineer or equivalent

Authorized Signatory

Bidder Commissioner
Page 37 of 45
 FORM – 3 (Clause 3.C)

Name of the Firm:

Annual Turnover on TPQC/TPQA Services

S Fin. Year Turnover in Rs. In Lakhs

No.
1
2
3
4
5

Chartered Accountant

Authorized Signatory

Bidder Commissioner
Page 38 of 45
 FORM – 4(a)

COMPOSITON OF THE TEAM PERSONNEL AND THE TASK WHICH WOULD BE ASSIGNED TO
EACH TEAM MEMBER

i) Technical / Managerial Staff

S. No. Name Position Task Assignment

ii) Support staff

S. No. Name Position Task Assignment

Authorized Signature

Bidder Commissioner
Page 39 of 45
 FORM – 4(b)

SUGGESTED FORMAT OF CURRICULUM VITAE FOR MEMBERS OF CONSULTANT‟S TEAM

1. Name:

2. Date of Birth:

3. Profession / Present Designation:

4. Years with firm / Organization: year

5. Area of Specialization:

6. Proposed position of Team:

7. Key qualification:
(Under this heading, give outline of staff member‟s experience and training most
pertinent to assigned work on proposed team Describe degree of responsibility held by
staff member on relevant previous assignment and give dates and locations. Use up to half
a page)

8. Education:
(Under this heading, summarize college / University and other specialized
education of staff member, giving names of schools / colleges etc. date attended and
degrees obtained. Use up to a quarter pages)

9. Experience:
(Under this heading, list of all positions held by staff members since graduation,
giving dates, names of employing organization, title of positions held and location of
assignments. For experience in last five years for B.E civil & Eight years for D.C.E. also
give types of activities performed and client references, where appropriate. Use up to
three quarters of a page)

10. Language :
(Indicate proficiency in speaking. reading and writing of each language by‟‟ good‟‟
or “poor‟‟)

Date:

Authorized Signatory

Bidder Commissioner
Page 40 of 45
 Form of Agreement

Subject - Appointment of agency for conducting 3rd Party Quality Control Services for all
Engineering works (costing above Rs.1.00 Lakh) undertaken by Nizamabad Municipal
Corporation for the financial Years 2019-2021

Draft Agreement for Assignment Carried out by Consultants

1. Set out below are the terms and conditions under which (Name of Consultant)
[herein after called 1st Party] has agreed to carry out for (NAME OF CLIENT) [herein
after called 2nd Party] the above mentioned assignment specified in the attached
Terms of Reference and decision taken during the negotiation meeting held on -----
----------- and as per the recommendation of the Committee, common rate is
approved by the Commissioner, NMC.
2. For administrative purposes the Commissioner, NMC has been assigned to
administer the assignment and to provide the 1st Party with all relevant
information needed to carry out the assignment. The services will be required for
the Years 2019-20 and 2020-21.
3. The Commissioner, NMC may find it necessary to postpone or cancel the
assignment and/or shorten or extend its duration. In such case, every effort will be
made to inform the firm, as early as possible, notice of any changes. In the event
of termination, the 1st Party shall be paid for the services rendered for carrying out
the assignment to the date of termination, and the 1st Party will provide the
Commissioner, NMC with any report or parts thereof, or any other information and
documentation gathered under this Agreement prior to the date of termination.
4. The services to be performed, the estimated time to be spent, and the reports to
be submitted will be in accordance with the attached TOR.
5. This Agreement its meaning and interpretation and the relation between the
parties shall be governed by the laws of Union of India.
6. This agreement will become effective upon confirmation of this letter on behalf of
1st party and will terminate on .……………… or such other date as mutually agreed
between the parties to the Agreement.
7. Payments for the services shall be …….. % of value of work done plus Prevailing
GST. It includes all the costs related to carrying out the services and overheads if
any imposed on the 1st Party. However if there is upward revision in GST, the
difference between prevailing rate & revised rate shall be paid to the consultant.
If there is any downward revision in GST, the difference between prevailing rate &
revised rate shall be recovered from the consultant. Quantum of work can be
Bidder Commissioner
Page 41 of 45
 increased or decreased by the Commissioner, Nizamabad Municipal Corporation and
payment will be adjusted proportionately.
8. The 1st Party will be responsible for appropriate insurance coverage. In this regard,
1st Party shall maintain workers compensation, employment liability insurance for
their staff on the assignment. The consultants shall also maintain comprehensive
general liability insurance, including contractual liability coverage adequate to
cover the indemnity of obligation against all damages, costs, and charges and
expenses for injury to any person of damage to any property arising out of, or in
connection with, the services which result from the fault of the 1st Party or its
staff. The 1st party shall provide the 2nd Party with certification thereof upon
request.
9. The 1st party shall indemnify and hold harmless the Commissioner, Nizamabad
Municipal Corporation against any and all claims, demands, and/or judgments of
any nature brought against NMC arising out of the services by the 1st party under
this Agreement. The obligation under this paragraph shall survive the termination
of this agreement.
10. The 1st party agrees that, during the term of this Contract and after its
termination, the 1st party and/or any entity affiliated with the 1st party, shall be
disqualified from providing goods, works or services (other than the Services and
any continuation thereof) for any project resulting from or closely related to the
Services.
11. All reports and other documents or software submitted by the 1st Party in the
performance of the services shall become and remain property of the NMC. The 1st
party may retain a copy of such documents but shall not use them for purposes
unrelated to this contract without the prior written approval of the 2nd Party.
12. The 1st Party undertake to carry out the assignment in accordance with the highest
standard of professional and ethical competence and integrity, having due regard
to the nature and purpose of the assignment, and to ensure that the staff assigned
to perform the services under this Agreement, will conduct themselves in a manner
consistent herewith.
13. The 1st Party will not assign this Contract or sub-contract or any portion of it
without the 2nd Party's prior written consent.
14. The 1st Party shall pay the taxes, duties fee, levies and other impositions levied
under the Applicable law and the 2nd Party shall perform such duties in this regard
to the deduction of such tax as may be lawfully imposed.
15. The 1st Party agrees that all knowledge and information not within the public
domain which may be acquired while carrying out this Agreement, shall be, for all
time and for all purpose (except when it is required to be disclosed by law),
regarded as strictly confidential and held in confidence, and shall not be directly
disclosed to any person whatsoever, except with the written permission of the
Commissioner, NMC or any other officer authorized by the Commissioner, NMC.

Bidder Commissioner
Page 42 of 45
 16. Any dispute arising out of the Contract which cannot be amicably settled between
the Parties shall be referred to adjudication/arbitration in accordance with
Arbitration & Conciliation Act 1996.
17. In case of abandonment of the work by the 1st Party, the Commissioner, Nizamabad
Municipal Corporation will have a right to forfeit the Earnest Money deposited by
the 1st Party.
18. All the terms and condition will be strictly followed as per detailed NIT.
19. The quantity of work can be increased or decreased by the 2nd Party, and the
payment will be done on the prorata basis (as per financial offer)

Place: Hyderabad (Signature & Name of 1st Party or Authorized

Date: …………………. Representative of 1st Party)

(Signature & Name of 2nd Party‟s Representative)

Bidder Commissioner
Page 43 of 45
 Part - II
Financial Proposal
(To be sealed in separate cover „B‟)

Bidder Commissioner
Page 44 of 45
 SCHEDULE OF FINANCIAL PROPOSAL

Subject - Appointment of agency for conducting 3rd Party Quality Control

Services for Engineering works (costing above Rs 1 Lakh) undertaken
by Nizamabad Municipal Corporation for the financial Years 2019-20
& 2020-21.

I/We quote the following for offering our services for the 3rd Party Quality Control
of civil/infrastructure engineering works of Nizamabad Municipal Corporation.
I/We Understand that,
a) Percentage(%) quoted is inclusive of all expenses and all taxes but excluding GST
and remain constant during entire contract period and extended period if any
and under no circumstances escalation is permitted.
c) This offer is valid for 90 days from the due date of proposal/bid submission due
date

Financial Schedule for all works

% value of work Bidder’s Quote (as percentage on value of work done)

done under the
category as per
Category
previous year
In Figures In words
sanctions (for
information only)

CC Roads 29.24

BT Roads 13.26

SWD & Sewerage 45.02

Water Supply,
Electrical & 12.48
Other Works

(Signature of the Bidder or

Authorized Representative)

Bidder Commissioner
Page 45 of 45