Paniyala-Barodameo Highway RFP
Paniyala-Barodameo Highway RFP
Government of India
October 2022
CONTENT
Sub: Consultancy Services for Authority’s Engineer for Supervision of Construction of Six lane
access-controlled Paniyala-Barodameo Inter Corridor Route from Km 0+000 to Km 86+513 in the
State of Rajasthan on EPC Mode under Bharatmala Pariyojana
1. The National Highways Authority of India (the ‘Employer’) invites proposals from eligible
Consultants for engaging an Authority’s Engineer (AE) on the basis of International
Competitive Bidding for the following contract package in the State of Rajasthan.
Project
Length
Consult Assignment
NH (km)/Pr
ancy State Project Stretch period
No. oject
Package (months)
Cost
(crore)
Construction of Six lane access- Construction
controlled Highway from Km 0+000 period (24
to Km 40+080 (Paniyala to Mator 40.08 km/ months)
1 Section of Paniyala-Barodameo ICR) Rs 963.30 +
in the State of Rajasthan on EPC Mode crore Maintenance
under Bharatmala Pariyojana Period (60
(Package-1) months)
Rajast
- Construction
han Construction of Six lane access-
controlled Highway from Km 40+080 period (24
46.433
to Km 86+513 (Mator to Barodameo months)
km/
2 Section of Paniyala-Barodameo ICR) +
Rs 1091.43
in the State of Rajasthan on EPC Mode Maintenance
under Bharatmala Pariyojana crore
Period (60
(Package-2) months)
86.513
km/
Total 2054.73
crore
2. The RFP has also been uploaded on “INFRACON” ([Link]). As such before
submitting the proposal the Consultant shall mandatorily register and enlist themselves
(the firm and all key personnel), on the MoRTH portal “INFRACON” and furnish registration
details along with its RFP. A copy of Infracon Operation Procedure is also enclosed for
bidder’s reference.
3. All the bidders registered on Infracon shall form a Team on Infracon and which would be
assigned unique Infracon Team ID. Bidders while submitting the proposal shall quote the
Infracon Team ID.
3.1 Any bidder from a country which shares a land border with India will be eligible to bid in
any procurement whether of goods, services (including consultancy services and non-
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consultancy services) or works (including turnkey projects) only if the bidder is registered
with the Competent Authority as per Stipulated provision In Ministry of Finance
Department of Expenditure (Public Procurement Division) office Memorandum No F. No.
6/18/2019-PPD dated 23.07.2020.
4. Bid must be submitted online at e-tender portal of National Highways Authority of India
[Link] on or before 11:00 hours on 24.11.2022.
5. Selection of AE shall be as per selection procedures given in the Model Agreement for
Engineering Procurement and Construction. The selected AE shall be intimated to the
Contractor.
6. The proposal shall be submitted in English Language and all correspondence would be in
the same language.
8. The interested consultancy firms may download the RFP document from the official website
of the Employer w.e.f. 10.10.2022 to 24.11.2022 up to 11:00 hrs. The Consultant who
download the RFP document from the website will be required to pay the non-refundable
fee of Rs. 5,000/- towards cost of RFP at the time of the submission of the Bid proposal
transmitted through SFMS Gateway to NHAI, details of which is as under:
The RFP will be invited through e-tendering portal. Refer Procedure under e-tendering for
submission of RFP through e-tendering.
10. The proposal should be submitted by consultancy firms in two parts. The two parts of the
proposal are Part1: Technical Proposal and Part2: Financial Proposal. For a given EPC
Project, Stage -1 of the Evaluation shall consider the evaluation of the Technical Proposal
(i.e. Part 1). The firms scoring the qualifying marks (minimum 75%) as mentioned in RFP
shall only be considered for further evaluation. Under stage 2, the financial proposal of such
firms as selected above shall be opened and evaluated. Proposals will finally be ranked
according to their combined technical and financial scores as specified in clause 5 of section
2.
10.1 A Bidder is required to submit, along with its technical BID, a self-certification that the item
offered meets the local content requirement for ‘Class -I local bidder' / 'Class-Il local bidder',
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as the case may be. The self-certification shall also have details of the location(s) at which
the local value addition is made. In case, bidder has not submitted the aforesaid certification
the bidder will be treated as ‘Non- Local Supplier'. The Class-l local bidder’, Class-II local
bidder and Non-Local Supplier are defined as under:
(i) 'Class-I local bidder' means a bidder, whose goods, services or works offered for
procurement, meets the minimum local content as prescribed for 'Class-I local bidder'
under this RFP. The ‘local content' requirement to categorize a bidder as 'Class-I local
bidder' is minimum 50%.
(ii) 'Class-II local bidder' means a bidder, whose goods, services or works offered for
procurement, meets the minimum local content as prescribed for 'Class-II local bidder'
under this RFP. The ‘local content' requirement to categorize a bidder as 'Class-II local
bidder' is minimum 20%.
(iii) 'Non-local bidder' means a bidder, whose goods, Services or works offered For
procurement, has local content less than that prescribed for 'Class-II local' under this RFP.
(iv) 'Local content' means the Amount of value added in India which shall be the total value of
item procured (excluding net domestic indirect taxes) minus the value of imported content
in the item (including all customs duties) as a proportion of the total value, in percent.
In case estimated project cost is above Rs. 10 crores, the 'Class-I local bidder' / 'Class-II local
bidder' shall provide a certificate from the statutory auditor or cost auditor of the company
(in case of companies) or from a practicing cost accountant or practicing chartered
accountant (in respect of suppliers other than companies) giving the percentage of local
content.
11. The total time period for the assignment as Authority’s Engineer will be for Construction
Period of 24 months + Maintenance Period of 60 Months with reduced man power.
12. Consultants may apply either as a sole firm or forming Joint Venture with other consultants.
In case of Joint Venture, the maximum number of Joint Venture partners is limited to 2 (i.e.
one lead + 1 JV partners). Formulation of more than one JV/association with different
partners for the same work is not allowed and all such proposal involving the firms shall be
treated as non-responsive. If the Consultant submits bids as sole applicant and also in
JV/Association with another consultant, both bids shall be summarily rejected. No
Consultant shall submit more than one bid.
12.1 Any bidder from a country which shares a land border with India will be eligible to bid in
any procurement whether of goods, services (including consultancy services and non-
consultancy services) or works (including turnkey projects) only if the bidder is registered
with the Competent Authority as per Stipulated provision In Ministry of Finance
Department of Expenditure (Public Procurement Division) office Memorandum No F. No.
6/18/2019-PPD dated 23.07.2020.
13. (A) The Applicant whether a sole applicant or lead member with joint venture may include
any number of Associate to provide technology in assignment (refer para 10 (iii) of data
sheet). The Associate firm can provide equipment based road inspection services for any of
the 4 equipment viz., (i) Network Survey Vehicle including all modules required as per
technical specifications, (ii) Falling Weight Deflectometer, (iii) Mobile Bridge Inspection
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Unit and (iv) Retro Reflectometer. However, the Associate(s) cannot be common for 2 or
more bidders. If any Associate is common with 2 or more bidders, all those bids shall be
declared non-responsive. Hence, the bidder may ensure on his own that the associate
proposed by him is not proposed by any other bidder participating in the same assignment
and the bidder is solely responsible in this regard.
(B) In addition, the applicant whether a sole applicant or lead member with joint venture
may also include an Associate for providing key personnel. In such case, the applicant
should submit an MOU with associate regarding role and responsibility of Associate
Company. However the maximum No. of key personnel from Associate firm during RFP
proposal and implementation of contract should be limited to two (2).
(C) The bidder cannot revise their share among Lead/JV partner/Associate partner, which
was declared at the time of bidding/award of respective consultancy assignments. Further,
maximum limit of share of associates shall be limited to their actual assignments w.r.t
provision of standard RFP subject to a maximum of 25% of contract amount.
14. The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the National Highways Authority of India any other
right or remedy hereunder or in law or otherwise, the Applicant shall be debarred from
participating in the future projects of the National Highways Authority of India in the
following situations
(a) If an Applicant withdraws its Proposal during the period of its validity as specified
in this RFP and as extended by the Applicant from time to time.
(b) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement.
15. Consulting firms meeting the following criteria are only eligible for applying for this
assignment. Firms not meeting these criteria, need not apply.
* The construction period to be indicated in the RFP by concerned Technical Division inviting
the RFP.
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S. No. Experience of the firm in last 7 years Annual
Preparation of DPR Project Supervision/IC Turnover***
(NH/SH/Equivalent) (NH/SH/Equivalent)
1 (b) Firm should also have experience of
Project Supervision/ Independent
Engineer/ Authority’ Engineer of at
least one project of similar category
of two/four/six** laning/bridge
work of length equal to 40% of
project length (34.61 km).
** Similar project means 2/4/6 lane as applicable for the project for which RFP is invited. For
2-lane projects experience of 4/6 lane also to be considered with a multiplication factor of
1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For
4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of
0.4, but only for those 2 lane projects whose cost of consultancy services was more than Rs.
3.0 crores. For standalone bridge projects, experience in bridge work (either standalone
project or as a part of road project) only be considered.
B) Eligibility Criteria for partners in case of JV (not more than 1 JV partners shall be
allowed) shall be as under:
The lead partner must fulfil at least 50% of requirements at 1(a) of table in para (A) above
and other JV partner should fulfil at least 30% of eligibility criteria as indicated at 1(a) of
table in para (A) above. Also the lead partner and JV partner jointly should meet the
eligibility criteria as mentioned at 1(a) of table in para (A) above. Lead partner should meet
the criteria 1 (b) of table in para (A) above.
Note: The weightage given for experience of a firm would depend on the role of the firm
in the respective assignments. The firm’s experience would get full credit if it was the sole
firm in the respective assignment. If the applicant firm has completed projects as JV with
some other firms, weightage shall be given as per the JV share***. However if the applicant
firm has executed the project as associate with some other firms, 25% weightage shall be
given to the applicant firm for the projects completed under such association.
*** For weightage of experience in any past Consultancy assignment, experience certificate
from the client shall be submitted. In absence of clear demarcation of JV share in client
certificate, the weightage will be treated as 60% for lead partner and 40% for minor
partner. Annual turnover duly certified by Chartered Accountant shall be accepted. In case
of non-availability of such documents no weightage of turnover/experience will be
considered.
Note:
(1) Conditions in both Sr. No. 1 & Sr. No. 2 are to be fulfilled to claim maximum no. of projects
given in Sr. No. 3 & 4.
(2) In case of JV bidding for the current assignment, the technical capacity of JV will be
determined with respect to the weighted average of turnover, key professionals & ongoing
assignments on the basis of share of consultancy fee in the ongoing assignments and
proposed share in the current bid. Refer the illustration at Annex-B.
(3) In case any partner of the joint venture has its individual remaining bid capacity less than
0.5 thus making him ineligible for the current bid but, on formation of joint venture, the
remaining bid capacity becomes more than 0.5, then during the technical evaluation of the
bids, the bids of such JVs will be declared as non-responsive and they will not allowed to
participate in the current assignment.
(ii) The consulting firms should be encouraged to carry out a max of DPR and Supervision
Assignments like IE/AE. Out of maximum number of projects given at Sr. No. 3 above, the
celling for IE/AE assignments is 75%. For example, the Consulting Firm at Col. No. 3 can get
total 4 number of IE/ AE assignments only from NHAI whereas they can get 6 DPR
assignments. The Financial Proposal of the Consulting Firm crossing the upper ceiling of
assignments as at Sr. No. 3 and 4 above shall not be opened.
(iii) The following assignments would not be counted for the purposes of maximum number of
projects given at Sr. No. 3 to 4 of above Table.
(a) IE/AE assignments where original assignment period + one year is lapsed or provisional
completion of civil work is Issued, whichever is earlier;
(b) DPR assignments where either (i) the bids for civil works have been received; or (ii) original
assignment period + one year has lapsed;
(iv) The above guidelines will not be applicable in case of Special Projects such as standalone
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projects of tunnel, bridge, emergency landing facility, flyovers and ROB/RUB/Underpass
only.
(v) For the purpose of calculation of maximum no. of projects, the works awarded on the date
of opening of Financial Bid and in progress will be taken into consideration as utilized
capacity. Projects of NHAI (awarded /in progress) only shall be considered for maximum
no. of projects in Sr. No. 3 & 4 purpose. The Consultant shall provide these details and they
shall be solely responsible for accuracy of such details provided.
(vi) The Consulting Firms shall submit Form-26 AS In order to certify their permanent key
personnel (as given in Sr. No. 2 of above table) along with the proposed candidates.
(vii) The bidders shall submit the requisite details in the prescribed formats of technical
proposal along with the RFP documents for evaluation of bids accordingly. The modified
format for determination of Technical Capacity (Form T-11) is enclosed at Appendix B.
16. In case the financial figures and values of services provided are in foreign currency current
market exchange rate (State Bank of India BC Selling rate as on last date of submission of
the bid) will be applied for the purpose of conversion of amount in foreign currency into
Indian Rupees.
17. The Bidder including individual or any of its Joint Venture Member should, in the last 2
years, have neither failed to perform for the consultancy services pertaining to
Expressways, National Highways, ISC (Inter State Connectivity) & EI (Economic
Importance) works, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Bidder including
individual or any of its Joint Venture Member, as the case may be, nor has been expelled or
terminated by Ministry of Road Transport & Highways or its implementing agencies for
breach by such Bidder including individual or any of its Joint Venture Member. Consultants
(sole firm or lead firm and any of the JV partners) who do not fulfil the aforesaid condition
as on last date of submission of proposal, need not apply as their RFP proposal will not be
entertained.
18. Employer will not be responsible for any delay, loss or non-receipt of RFP document sent
by post/courier. Further, Employer shall not be responsible for any delay in receiving the
proposal and reserves the right to accept/reject any or all applications without assigning
any reason thereof.
19. The two parts of the Proposal (Technical proposal and Financial proposal) must be
submitted on-line only with all pages numbered serially, along with an index of submission
as per procedure under e-tendering. Physical submission of the proposal shall not be
accepted. In the event, any of the instructions mentioned herein have not been adhered to,
the Employer may reject the Proposal.
20. Employer will be at liberty to keep the credentials submitted by the Consultants at bidding
stage, in public domain and the same may be uploaded by Employer on Employer’s web-
site. Consultants should have no objection if Employer uploads the information pertaining
to their credentials as well as of their key personnel.
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21. The individual key personnel proposed in the bid by the consultants or any replacement
thereof should undertake that they shall have no objection in uploading/hoisting of their
credentials by Employer in public domain.
22. RFP submission must be received not later than 11:00 hrs on 24.11.2022 in the manner
specified in the RFP document at the address given below.
Address of Employer:
Shashi Bhushan,
General Manager (Technical) Bharatmala,
National Highways Authority of India,
G-5 & 6, Sector-10, Dwarka,
New Delhi 110 075
Email: shashibhushan@[Link]
Phone # +91 11 25074100/200 Extension: 1280
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SECTION 2: LETTER OF INVITATION TO CONSULTANTS
1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/joint venture with other
Consultant willing to act as AE to submit a proposal for providing consulting services
required for the assignment named in the attached Letter of Invitation.
1.2 A brief description of the assignment and its objectives are given in the Terms of Reference
(TOR).
1.3 The assignment shall be implemented in Construction Period (24 Months) and
Maintenance Period (60 Months).
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested parties
with information that may be useful to them in the formulation of their Proposals pursuant
to this RFP. This RFP includes statements and assumptions, which reflect various
assessments arrived at by the Authority in relation to the Consultancy. Such assessments
and statements do not purport to contain all the information that each Applicant may
require. The information contained in this RFP, may not be complete, accurate, adequate
or correct. Each Applicant should, therefore, conduct its own investigations about the
assignment and the local conditions before submitting the proposal by paying a visit to the
Client and the project site, sending written queries to the client, before the date and time
specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the contract,
including a visit to site, are not reimbursable as a direct cost of assignment and (ii)
Employer is not bound to accept any of the proposals received by it and reserves the right
to annul the selection process at any time prior to contract award, without thereby
incurring any liability to the Consultants.
1.6 Consultant have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client, or than may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract and/or any other action
as deemed fit by the Authority at any stage.
1.7 It is the National Highways Authority of India policy that the consultants observe the
highest standard of ethics during the selection and execution of such contracts. In
pursuance of this policy, the National Highways Authority of India:
(a) Defines, for the purpose of this paragraph, the terms set forth below as follows:
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more consultants with or without the knowledge of the Client, designed
to establish prices at artificial, non-competitive levels;
(iv) “coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
(b) will reject a proposal for award if it determines that the Consultant recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive
or coercive practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the firm has engaged in corrupt
or fraudulent practices in competing for, or in executing, a contract; and
(d) will have the right to require that a provision be included requiring consultants to
permit the Employer to inspect their accounts and records relating to the
performance of the contract and to have them audited by authorized
representatives of Employer.
1.8 Consultants, their JV partner, their Sub-Consultants, and their associates shall not be under
a declaration of ineligibility for corrupt and fraudulent practices. Furthermore, the
Consultants shall be aware of the provisions on fraud and corruption stated in the specific
clauses in the General Conditions of Contract.
1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and during execution of the assignment if the
Consultant is awarded the Contract, in the Financial Proposal.
1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the
submission date. During this period, Consultants shall maintain the availability of
Professional staff nominated in the Proposal. The Client will make its best effort to complete
the process within this period. Should the need arise, however, the Client may request
Consultants to extend the validity period of their proposals. Consultants who agree to such
extension shall confirm that they maintain the availability of the Professional staff
nominated in the Proposal, or in their confirmation of extension of validity of the Proposal,
consultants could seek replacement up to a maximum of 50% key personnel. If any
Consultant seeks any replacement(s), while extending the bid validity, then the same shall
be evaluated for ascertaining suitability of replacement as per the provisions of the RFP and
remuneration shall not be reduced for any such replacement(s). However, the technical
evaluation shall take into account of the originally submitted CV(s) only irrespective of
replacement sought.
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2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 The Consultants may request a clarification of any of the RFP documents up to the number
of days indicated in the Data Sheet before the Proposal submission date. Any request for
clarification must be sent in writing by paper mail, facsimile, or electronic mail to the
Client’s address indicated in the Data Sheet. The Client will respond by cable, facsimile, or
electronic mail to such requests and will send copies of the response (including an
explanation of the query but without identifying the source of inquiry) to all consultants
who have purchased the RFP document. Clarification/amendment will also be hosted on
National Highways Authority of India e-portal.
2.2 At any time before the submission of Proposals, the Client may for any reason, whether at
its own initiative or in response to a clarification requested by a Consulting firm, modify the
RFP documents by amendment. Any amendment shall be issued in writing through
addendum. Addendum may be sent by mail, cable, telex, facsimile or electronic mail to
consultants or/and will be hosted on Employer’s website which will be binding on them.
The Client may at its discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the formats enclosed
herewith (refer section 3, 4 and 5) in 2 separate envelopes/ packages and put together in
one single outer envelope/package. The two parts shall be:
The proposal shall be written in the English language as specified in the Data Sheet. All pages
of the Proposal shall be signed by an authorized representative. The representative’s
authorization shall be confirmed by written Power of Attorney duly notarized to be
submitted with the proposal. In case of JV or inclusion of Associate company, a MoU
indicating the specific Projects, input and role of each Partner etc. shall be submitted with
the proposal.
3.2 You are expected to examine all terms and conditions included in the documents.
Failure to act or to provide all requested information will be at your own risk and may result
in rejection of your proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the
following:
i. The man-months for the assignment shall be that stated in the Terms of Reference.
The same shall be considered for the purpose of evaluation as well as award. In case
the man months of TOR are amended in view of Client’s own initiative or in response
to clarification sought by any Consulting firm, the man months so amended and
published shall be considered for the purpose of evaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff as possible.
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The permanent staff would be considered those already employed with the firm
prior to one year from the month during which this Tender Notice is issued.
Applicant shall submit the details of the period of employment of the proposed
personnel with the firm.
iii. A good working knowledge of the language specified in the data sheet is essential
for key professional staff on this assignment. Reports must be in the language (s)
specified in the data sheet
3.4 Your Technical Proposal must provide the following information, using but not limited to
the formats attached in the Section 3 & 4.
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ix. The composition of the proposed staff team, the tasks which shall be assigned to
each and their timing;
x. Requirement for submission of CVs.
a. The CVs of following [six] key personnel in the format as per Appendix-B-6
is to be furnished on INFRACON portal.
Team leader cum Senior Highway Engineer, Resident cum Highway
Engineer, Bridge/Structural Engineer, Senior Pavement Specialist, Senior
Quality cum Material Expert and Road Safety Expert in case of Normal
Highway Project.
It may please be ensured that the format is strictly followed and the
information furnished therein is true and correct. The CV must indicate the
work in hand and the duration till which the person will be required to be
engaged in that assignment. The Firm shall ensure that details furnished in
the CV by the personnel are correct. If any information is found incorrect,
at any stage, action including termination and debarment from future
National Highways Authority of India projects for a minimum period of 2
years may be taken by National Highways Authority of India on the
personnel and the Firm.
b. Key information should include years with the firm and degree of
responsibility held in various assignments. In CV format, at summary, the
individual shall declare his qualification & total experience (in years)
against the requirements specified in TOR for the position (Ref. Enclosure-
B of TOR). If any information is found incorrect, at any stage, action
including termination and debarment from future National Highways
Authority of India projects up to 2 years may be taken by National Highways
Authority of India on the personnel and the firm.
c. CVs of Key Personnel having intermittent inputs will be considered only if
the assignments on hand as on 7 days before due date of proposal including
those for which LOA has been received from the Client or for which
Consultant has been declared as H1 are such that the key personnel is able
to proportionately devote the given man months for this project.
d. All the CVs which are to be evaluated should be complete in all respects
including signing and certification by the individual and the firm.
e. Minimum 75% marks required. CV of six Key Personnel will be evaluated CV
of proposed Team Leader should score at least 75% marks. If not, the
proposal shall not be considered further.
f. If a CV score less than 75% marks, whatever marks it score will be carried
forward for maximum 3 nos. key personnel for determining the total score
of the firm. However, if the Key Personnel does not fulfill the minimum
academic qualification (as mentioned at Enclosure-B of TOR of RFP), the
overall score of his CV will be evaluated as zero. If the Key Personnel does
not fulfill the minimum qualification related to experience (as mentioned at
Enclosure-B of TOR of RFP), then zero marks will only be assigned for that
sub criteria, but the marks obtained by the CV of the Key Personnel will be
carried forward for maximum 3 nos. key personnel for determining the total
score of the firm. In case, a firm is H-1, then all such Key Personnel (whose
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CV scores less than 75% or who does not fulfill the minimum qualification)
will have to be replaced by the firm before signing the contract. The
reduction in remuneration of such replacements shall be 10% for each
replacement. In case more than 3 CV scores less than 75% marks or Team
leader cum Senior Highway Engineer scores less than 75% marks, the
proposal shall be considered non-responsive.
g. In case CV of a person is turned out to be fake/incorrect/inflated during the
assignment, the consultancy firms shall have to refund the salary and perks
drawn including interest @12% per annum in respect of the person apart
from other consequences. In addition to above, 10% of the salary and perks
to be refunded shall be recovered from the Firm as penalty. In the event the
penalty is not paid by the Consultancy Firm, the same shall be recovered
from encashment of performance security of the firm.
h. It is also clarified that any key personnel, if debarred during the period
between receipt of bid and award of the contract and is required to be
replaced as per the provisions of the RFP, then the replacement shall not be
considered as part of replacement by the Authority’s Engineer and hence no
deduction in remuneration shall be affected. However, in this case the
original CV will be considered for evaluation purpose.
xi. Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on quarterly basis.
xii. Estimates of the total time effort (person x months) to be provided for the services,
supported by bar chart diagrams showing the time proposed (person x months)
for each professional staff and sub professional staff.
xiii. In case, consultant Firm’s experience/ document is found to be false at any stage
i.e. from bidding to completion of services, the Consultancy contract shall be
terminated and consultant firm shall be debarred for a period of 2 years.
3.5 The technical proposal must NOT include any financial information.
3.6 Bidders are required to submit the detail of all ongoing assignment as per table below with
a declaration that all key personnel in the existing contracts have been duly deployed on
such ongoing projects during the last 3 months:
Stage of the project: under implementation/O&M of the Completed project (please select one)
Name of Designation Aadhar Number of days Number of days %
Key No. present on the required to be present availability
personnel project during last during last 3 months
3 months as per schedule
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Declaration by bidder
All key personnel in the existing contracts have been duly deployed on such ongoing projects during
the last 3 months
Signature
(Authorised Signatory)
3.7 Your Financial Proposal must be strictly using the formats attached in Section 5. No
additional items/quantities other than that specified in the formats should be proposed by
the Consultants since the same shall not be considered for the evaluation/award.
Consultants shall be paid billing rates for services as per financial proposal submitted by
them basis. Beginning 13th months from the last date of submission of bid, billing rates shall
be increased to cover all items of the contract i.e. remuneration, vehicle hire, office rent,
consumables, furniture etc. @ 5% every 12 months. However, for evaluation and award of
the Bid proposals, the quoted initial rate (as applicable for first 12 months from last date of
submission of bid) shall be multiplied by the total time input for each position on this
contract, i.e. without considering the increase in the billing rates. All payments shall be
made in Indian Rupees and shall be subjected to applicable Indian laws withholding taxes
if any.
3.8 The Financial Proposal should clearly identify as a separate amount, the local taxes
(including social security), duties, fees, levies and other charges imposed under the
applicable law, on the consultants, the sub-consultants, and their personnel (other than
nationals or permanent residents of the government’s country); unless the Data Sheet
specifies otherwise. This cost, however, will not be considered in evaluation.
3.9 Consultants may express the price of their services in the Indian Rupees only.
3.10 Goods & Service tax as applicable shall be paid to the Consultant while making payment for
services rendered. The consultants shall then deposit the same with the tax authorities and
provide a proof of having done so within next 90 days in line with policy circulars issued by
Employer. Employer shall pay only the Goods & service tax.
A. Detailed RFP may be downloaded from E-tendering portal of Employer and the Application
may be submitted online following the instructions appearing on the screen.
B. The following shall be the form of various documents in the Application:
(I) Technical Proposal {Only Electronic Form (to be uploaded on the E-tendering
portal of Employer)}
(a) Power of Attorney for signing the Application
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(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if applicable;
(d) Copy of Memorandum of Understanding with Associate, if applicable.
(e) Firm’s credentials as per format prescribed in SECTION-3 OF RFP. (The
details are to be submitted through INFRACON only)
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP. (The
details are to be submitted through INFRACON only.)
(III) Proof of Online payment towards the cost of Bid document of Rs. 5,000/- (Rupees
Five thousand only) transmitted through SFMS Gateway to NHAI ;
(IV) Bidders have to comply with the OM No. 13030/09/2008-vig dated 28th January,
2013 (copy enclosed) regarding Integrity pact.
(V) Bidders are requested to ensure that documents uploaded in Electronic Form are
legible and high quality scanned documents.
C. The successful bidder shall submit the original documents specified above in point No. 4.1
B (I) (a), (b), (c)& (d) above together with their respective enclosures to the Authority
before signing of the Agreement.
i.) The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (B) (I) ,(II), (III) & (IV) above on the E-tendering
portal of Employer before 11:00 hours Indian Standard Time on the Application due
date i.e. on 24.11.2022. Financial Proposal is to be submitted On-line only and no hard
submission is to be made.
(i) The Bidder may modify, substitute or withdraw its e- bid, prior to the Bid Due Date. No Bid
shall be modified, substituted or withdrawn by the Bidder on or after the Bid Due Date.
(ii) Any alteration/modification in the Bid or additional information supplied subsequent to the
Bid Due Date, unless the same has been expressly sought for by the Employer, shall be
disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and
upload/resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can
withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a bid for
any reason, bidder cannot re-submit e-bid again.
(i) Opening of Proposals will be done through online for both Financial Proposal and Technical
Proposal.
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(ii) For participating in the tender, the authorized signatory holding Power of Attorney shall be
the Digital Signatory. In case the authorized signatory holding Power of Attorney and Digital
Signatory are not the same, the bid shall be considered non-responsive.
The Employer will open the Technical Proposal at 11.30 hours Indian Standard Time on
25.11.2022 in the presence of the Applicants who choose to attend and evaluate the
Applications in accordance with the provisions set out in the RFP.
(iii) The Financial Proposal will be opened of the short listed applicants who qualify for financial
opening as per RFP. The date of opening of Financial Proposal will be notified later on.
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the Employer shall carry out its evaluation
applying the evaluation criteria and point system specified in the data sheet. Each
responsive proposal shall be attributed a technical score (ST.) Only those Applicants whose
Technical proposal score 75 marks or more out of 100 shall qualify for further
consideration. However, if the number of such pre-qualified applications is less than two,
the Employer may, in its sole discretion, pre-qualify the applicant(s) whose technical score
is less than 75 marks.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is
finalised, the Employer may notify those consultants whose proposals were not considered
as per conditions of RFP. The Employer shall simultaneously notify the shortlisted firms
indicating the date and time set for opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical scores, and
the proposed prices shall be read aloud and recorded when the Financial Proposals are
opened. The Client shall prepare minutes of the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial Proposals are
complete (i.e. whether they have included cost of all items of the corresponding proposals;
if not, then the cost towards such missing items will be considered as NIL, but the Consultant
shall, however, be required to carry out such obligations without any additional
compensation.) and without computational error. In case under such circumstances, if
Client feels that the work cannot be carried out within the overall cost as per the submitted
financial proposal, such proposals shall be considered non responsive.
5.7 The lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The
financial scores of other proposals will be computed as follows:
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5.8 Proposals will finally be ranked according to their combined technical (ST) and financial
(SF) scores as follows:
S= ST x Tw+SF x Fw
Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal
and Financial Proposal that shall be 0.80 and 0.20 respectively.
5.9 The selected Authority’s Engineer shall be the first Ranked Applicant (H-1, having the
highest combined score). In the event the proposals of two or more consultants have the
same scores in the final ranking, the proposal with the highest technical score should be
ranked first.
5.10 Subject to the provisions of Clause 5.8, the Bidder whose BID is adjudged as responsive. The
bidder shall be declared as the selected Authority Engineer shall be the first Ranked
applicant (H-1 having the highest combined Technical and Financial score as per RFP) as
procedure defined as under:
(i) Among all the responsive bidder, the most preferred bidder will be termed as H-1. If H-1 is
‘Class-I Local Bidder', the contract will be awarded to H-1.
(ii) If H-1 is not 'Class-I local bidder', then the most preferred bidder among the 'Class-I local
bidder' (having Highest combined Technical and Financial Score as per RFP among 'Class-
I local bidder’), will be invited to match H-1 price subject to Class-I local bidder's quoted
price falling within the margin of purchase preference, and the contract will be awarded to
such preferred 'Class-I local bidder' subject to 'Class-I local bidder' matching the financial
quote of H-1 or his quote whichever is lower.
(iii) In case such preferred eligible 'Class-I local bidder' fails to match the H-1 price, the 'Class-
I local bidder' with next Highest combined score (having next Highest combined Technical
and Financial Score as per RFP among Class-I local bidders), within the margin of purchase
preference shall be invited to match the H-1 price and so on and contract shall be awarded
accordingly. In case none of the 'Class-I local bidder' within the margin of purchase
preference matches the H-1 price, the contract shall be awarded to the H-1 bidder.
'Margin of purchase preference' means the maximum extent to which the price quoted by
'Class-I local bidder' may be above/below the H-1 for the purpose of purchase preference.
The margin of purchase preference shall be 20%.
6 AWARD OF CONTRACT
6.1 The Client shall issue letter of award to selected Consultant and ask the Consultant to
provide Performance Security as in Para-7 below. If the selected Consultant fail to provide
performance security within the prescribed time or the Consultant fail to sign the
Contract Agreement within prescribed time, the Client may invite the 2 nd highest
ranking bidder Consultant and follow the procedure outlined in Para-6 and 8 of this
Letter of Invitation.
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7 PERFORMANCE SECURITY
7.1 The successful consulting firm shall have to submit a Bank Guarantee (BG) for an amount of
3.00% of the Contract Value within 15 days of issue of LOA. The BG shall be valid for a period
of 86 months i.e. up to 2 months beyond the expiry of the Contract period of 84 months. The
BG shall be in the format specified in Appendix H of draft contract form and furnished from a
Nationalised Bank, IDBI or ICICI/ICICI Bank/Foreign Bank/EXIM Bank / Any Scheduled
Commercial Bank approved by RBI having a net worth of not less than 1000 crore as per latest
Annual Report of the Bank. In the case of a Foreign Bank (issued by a Branch in India) the net
worth in respect of Indian operations shall only be taken into account. In case of Foreign Bank,
the BG issued by Foreign Bank should be counter guaranteed by any Nationalised Bank in India.
In case of JV, the BG shall be furnished on behalf of the JV and not individually by the members.
Alternatively, a single Bank Guarantee to cover for performance of all projects under NHAI may
be deposited as tabulated below, at the discretion of consultant, instead of depositing
separately again and again. The Consultant may initially provide the performance security for
a period of two years provided that it shall procure extension of the validity of the Performance
Security at least one month prior to date of expiry thereof. Once the appropriate single Bank
Guarantee for Performance Security has been submitted by the Consultant, the existing BGs
shall be returned. The bank Guarantee be submitted in prescribed Performa.
Performance Security
Cumulative Value of Consultancy Fee as BG Value (in Rs. Crores)
per Ongoing Contracts under NHAI (in
Rs. Crores)
0-10 0.25
10-20 0.50
20-30 0.75
30-40 1.00
40-60 1.50
60-80 2.00
80-100 2.50
100-200 4.00
Beyond 200 5.00
7.2 In the event the Consultant fails to provide the security within 15 days of date of LOA, it may
seek extension of time for a period of 15 (Fifteen) days on payment of damages for such
extended period in a sum of calculated at the rate of 0.1% (Zero Point One Percent) of the
contract price for each day until the performance security is provided. For the avoidance of
doubt the agreement shall be deemed to be terminated on expiry of additional 15 days’ time
period.
7.3 Notwithstanding anything to the contrary contained in this Agreement, the Parties agree that
in the event of failure of the Consultant to provide the Performance Security in accordance
with the provisions of Clause 7.1 within the time specified therein or such extended period as
may be provided by the Authority, in accordance with the provisions of Clause 7.2 and
thereupon all rights, privileges, claims and entitlements of the Consultant under or arising out
of this Agreement shall be deemed to have been waived by, and to have ceased with the
concurrence of the Consultant, and LoA shall be deemed to have been withdrawn by mutual
agreement of the Parties. Authority may take action debar such firm for future projects for a
period of 1-2 years.
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8. Signing of Contract Agreement
After having received the performance security and verified it, the Client shall invite the
selected bidder for signing of Contract Agreement on a date and time convenient to both
parties within 15 days of receipt of valid Performance Security.
9 Penalty Provisions
In case of deficiency in services, the penal action shall be initiated in terms of Clause 3.1.3 of
General Condition of contract.
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DATASHEET
2 The proposal shall be valid for 120 days after the last date of submission.
3 Clarification may be requested 7 days prior to Pre Proposal Conference. The address for
requesting clarification is:
Shri Shashi Bhushan,
General Manager (Tech)
National Highways Authority of India
G-5 & G-6, Sector 10, Dwarka
New Delhi 110 075.
(Tel:- 011-25074100/4200 Extn. 1092) (Fax:- 011-25074100 Extn. 1280)
(E-mail: shashibhushan@[Link])
4 The Language of documents and correspondence will be English
5 All the personnel shall have working knowledge of English and all the reports etc. shall be
written in English.
6 National Highways Authority of India shall reimburse only Goods and service tax.
Authority’s Engineer has to assess all other taxes and should inbuilt them in their financial
proposal. These taxes (other than Goods and service tax) should not be provided separately.
Consultants are requested to consult Tax Consultants for details.
7. The Consultants to ensure that their firms and key personnel should register their
credentials/modules on [Link] as stipulated in MoRT&H Circular No. RW-NH-
35075/1/2010-S&R® dated 28.10.2015.
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i. Sub criteria for Relevant Experience of the firm for the assignment
Average Annual Turnover (last 3 years) from consultancy business (Min 41.10 crore) 2
Nos. of Highway Professionals with the firm * The professionals who possess degree in 10
Civil Engineering/Transport Planning/Transport Economics/Traffic
Management/Geology/ Environment Science or Engineering and 8 years’ experience
in highway/bridge/tunnel with employment in the firm for more than one year. The
current Employment Certificate shall be uploaded by Key Personnel on INFRACON.
Experience as Independent Engineer/Authority Engineer/Construction Supervision in 10
Number of Highway Projects of length equal to 40% of project length (34.61 km) of
similar category for which RFP invited of 2/ 4/6**-laning or more in last 7 years*
Experience in DPR preparation for Number of Highway Projects (of length 40% of 5
project length (34.61 km) of similar category for which RFP invited of 2/4/6**-laning
or more) in last 7 years *
In hand DPRs for Authority NHAI Projects (presently under progress) 10
Experience in Construction Supervision/DPR/Design Review of Major structures 3
having length of more than 500 meter in last 7 years.
* Consultants should give details of the experience of the firm considering the completed and
the on-going highway assignments, separately for PPP and non-PPP Projects along with
experience certificates from clients. This list of the completed works should also include
those assignments which are substantially (90% of Contract value) completed. No
Qualification/Experience etc. shall be considered without proof of experience.
** Similar projects means 2/4/6 lane as applicable for the project for which RFP is invited. For
2-lane projects experience of 4/6 lane also to be considered with a multiplication factor of
1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For
4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of
0.4, but only for those 2 lane projects whose cost of consultancy services was more than Rs.
3.0 crores.
*** In case the project includes any specialized nature of work such as tunnels, specialized
structures etc. in substantial quantum, this requirement/Marks may be included by suitably
adjusting marks of other attributes.
In case of JV the turnover and experience details of Lead and JV Employer’s certificate
should be submitted substantiating the experience claimed by the firm.
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ii. Sub criteria for Experience in use of technology for road inspection
Sr. Description Maximum Sub-Points
No. Points
1 Experience in Network Survey Vehicle (NSV) or better 7
technology for pavement inspection
1.1 Own Equipment/ Equipment on MOU with Associate or on hiring 4
basis
1.2 Experience 3
(a) 1-2 projects 1
(b) 3-5 projects 2
(c) >5 projects 3
2 Experience in Falling Weight Deflectometer (FWD) or better 4
technology for pavement strength measurement
2.1 Own Equipment/ Equipment on MOU with Associate or on hiring 2
basis
2.2 Experience 2
(a) 1-3 projects 1
(b) > 3 projects 2
3 Experience in Mobile Bridge Inspection Unit or better 5
technology for bridge inspection
3.1 Own Equipment/ Equipment on MOU with Associate or on hiring 2
basis
3.2 Experience 3
(a) 1-2 projects 1
(b) 3-5 projects 2
(c) > 5 projects 3
4 Experience in Retro reflectometer technology 4
4.1 Own Equipment/ Equipment on MOU with Associate or on hiring 2
basis
4.2 Experience 2
(a)1-3 projects 1
(b)> 3 projects 2
Total 20
Note: A. The Authority’s Engineer owning the equipment shall be required to submit proof of
ownership.
B. The experience of the associate firms in use of technology shall also be counted in the
evaluation. The experience of firm or associate firm in NSV or equivalent technology, FWD
or equivalent technology, MBIU or equivalent technology and Retro reflectometer or
equivalent technology shall be supported by experience certificate. The experience of a
firm/associate firm for a private concessionaire/contractor shall not be considered.
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Qualification and competence of following professional/sub-professional staff for the
assignment shall be evaluated. The weightage for various key staff are as under:-
General qualifications 25
Adequacy for the project 70
Employment with firm 5
Total 100
The technical proposal should score at least 75 points to be considered responsive for financial
evaluation.
ii) The Authority’s Engineer should carryout self-evaluation based on the evaluation criteria at
Appendix-EC. While submitting the self-evaluation along with bid, Authority’s Engineer
shall make references to the documents which has been relied upon in his self-evaluation.
iii) Result of technical evaluation shall be made available on the website giving opportunity to
the bidders to respond within 7 days in case they have any objection.
iv) The single currency for price conversion is INR. For evaluation of bid proposals, the foreign
currency conversation rate of 1US Dollar = Rs. 81.91 and 1 Euro = Rs. 80.95 shall be used.
11. Commencement of Assignment: The firm shall begin carrying out the services within one
month of signing of the Consultancy Agreement.
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Appendix-EC
Page 25 of 243
Reference/Details of Marks self-
Max.
S. No. Description projects Claimed for assessed by
Marks
self-assessment the bidder
5 In hand DPRs of NHAI’s 10
Highway/Bridge/Tunnel Projects (presently
under progress)
5.1 <2 0
5.2 2-5 5
5.3 >5 10
6 Experience in Construction 3
Supervision/DPR/Design Review of Major
structures having length of more than 500
meter in last 7 years.
1 project – 2.0 marks Add 0. 5 (Zero point five)
marks extra for each additional project subject
to maximum 1.0 marks
Note-1: In case of JV the turnover and experience details of Lead and JV partners to be added.
Note-2: Employer’s certificate/certificate from Statutory Auditor should be submitted
substantiating the experience/turnover claimed by the firm.
Note-3: **For 4/6 laning projects, experience of 2 lane will be considered with a multiplication
factor of 0.4, but only for those 2 lane projects whose cost of consultancy services was more
than Rs. 3.0 crore.
*** In case the project includes any specialized nature of work such as tunnels, specialized
structures etc. in substantial quantum, this requirement/Marks may be included by suitably
adjusting marks of other attributes.
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2. Evaluation Criteria for assessment of experience in use of technology for road
inspection
Evaluation sheet for assessment of experience in use of technology for road inspection
Marks
Reference/Details
self-
S. Maximum of projects
Description assessed
No Points Claimed for self-
by the
assessment
bidder
Experience in Network Survey Vehicle
1 (NSV) or better technology for 7
pavement inspection
Own Equipment/ Equipment on MOU with
1.1 4
Associate or on hiring basis
1.2 Experience 3
(i) 1-2 projects 1
(ii) 3-5 projects 2
(iii) > 5 projects 3
Experience in Falling Weight
Deflectometer (FWD) or better
2 4
technology for pavement strength
measurement
Own Equipment/ Equipment on MOU
2.1 2
with Associate or on hiring basis
2.2 Experience 2
(i) 1-3 Projects 1
(ii) >3 Projects 2
Experience in Mobile Bridge Inspection
3 Unit or better technology for bridge 5
inspection
Own Equipment/ Equipment on MOU
3.1 2
with Associate or on hiring basis
3.2 Experience 3
(i) 1-2 Projects 1
(ii) 3-5 Projects 2
(iii) > 5 Projects 3
Experience in Retro reflectometer
4 4
technology
Own Equipment/ Equipment on MOU
4.1 2
with Associate or on hiring basis
4.2 Execution 2
(i) 1-3 Projects 1
(ii) >3 Projects 2
Total 20
Notes:
(i) The Consultants owning the equipment shall be required to submit proof of ownership.
(ii) The experience of the associate firms in use of technology shall also be counted in the
evaluation. The experience of firm or associate firm in NSV or equivalent technology, FWD
Page 27 of 243
or equivalent technology, MBIU or equivalent technology and Retro reflectometer or
equivalent technology shall be supported by experience certificate. The experience of a
firm/ associate firm for a private concessionaire/ contractor (client) shall not be
considered. Any false certification shall attract provisions of Clause 1.8, Section -2 (letter of
Invitation) read with Clause 2.9.1(g) of GCC
3 Evaluation Criteria for assessment of score of Key Staff for adequacy of the
Assignment.
Reference/Details
Marks self-
Max. of projects
S. No. Description assessed by
Points Claimed for self-
the bidder
assessment
1 General Qualification 25
i) Graduate in Civil Engineering 21
ii) Post-Graduation in Management/ 04
Construction/ Transportation/Highway
Engineering/Structural Engineering or
equivalent specialised stream of civil
engineering
2 Adequacy for the Project 70
a) Professional Experience in Highway
Projects:
i) Total Professional Experience in handling 10
Highway projects
< 12 years -0
12 years -8 marks
Add 1 mark extra for each additional year of
experience subject to maximum 2 (two)
marks.
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Reference/Details
Marks self-
Max. of projects
S. No. Description assessed by
Points Claimed for self-
the bidder
assessment
Total : 100
Note:
(2) Only those projects will be considered for evaluation at S. No. 2(b) where the input of the
personnel is not < 9 months.
(3) Only those projects will be considered for evaluation at S. No. 2I, (d) where the input of the
personnel is not < 12 months.
(4) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
be duly endorsed by the respective Government agency. In case of non-availability of
endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be
taken into consideration. However, the key personnel/ bidder will be solely responsible for
any fake information/ CV, which may result in debarment.
Reference/Details
Marks self-
Max. of projects
S. No. Description assessed by
Points Claimed for self-
the bidder
assessment
1 General Qualification 25
i) Graduate in Civil Engineering 21
ii) Post-Graduation in 04
Transportation/Highway
Engineering/Structural
Engineering/Geotechnical
Engineering
2 Adequacy for the Project 70
Professional Experience
i) Total Professional Experience in handling 20
Highway projects
< 12 years -0
12 years - 15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.
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Reference/Details
Marks self-
Max. of projects
S. No. Description assessed by
Points Claimed for self-
the bidder
assessment
ii) Experience as Resident Engineer/Project 20
Director/Project Manager/Superintending
Engineer or equivalent/Executive Engineer or
equivalent on construction works/Authority
Engineer/Independent Engineer Projects (similar
configuration (2/4/6 laning*) and above).
< 5 years -0; 5 years -15 marks
Add 1 marks extra for each additional year of
experience subject to maximum 5 (five) marks.
iii) Experience in similar capacity in handling major 25
2/4/6-laning** projects (of length 40% of project
length (34.61 km) or more of
similar configuration (2/4/6 laning**) and above)
< 2 nos. -0
2 nos. -19 marks
Add three marks extra for each additional project
subject to maximum 6 (Six) marks.
iv) Experience in similar capacity of Highway Project 5
of Construction/Construction Supervision/IC on
EPC Mode (of length 40% of project length (34.61
km) or more of similar configuration (2/4/6
laning**) and above)
1 Project- 4 marks
Add 1 (one) mark extra for each additional project
subject to maximum 1 (one) mark
3 Employment with the Firm 5
< 1 year -0
1 year – 3 marks
Add 0.5 marks for each subsequent year subject to
maximum 2 marks
Total : 100
Note:
(2) Only those projects (in numbers) will be considered for evaluation above, where the input
of the personnel is not < 12 months
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(3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
be duly endorsed by the respective Government agency. In case of non-availability of
endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be
taken into consideration. However, the key personnel/ bidder will be solely responsible for
any fake information/ CV, which may result in debarment.
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Reference/Details Marks self-
Max. of projects assessed
S. No. Description
Points Claimed for self- by the
assessment bidder
Bridges/ROB/Flyover/Interchanges/any other
structures
< 2 nos. – 0
2 nos. -8 marks
> 3 nos.- 10
Total : 100
Note:
(2) Only those projects (in numbers) will be considered for evaluation above, where the input
of the personnel is not < 12 months
(3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
be duly endorsed by the respective Government agency. In case of non-availability of
endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be
taken into consideration. However, the key personnel/ bidder will be solely responsible for
any fake information/ CV, which may result in debarment.
Page 33 of 243
Reference/Details Marks self-
Max. of projects assessed
S. No. Description
Points Claimed for self- by the
assessment bidder
1 General Qualification 25
I) Graduate in Civil Engineering 21
II) Post-Graduation in 04
Transportation/Highway
Engineering/Pavement engineering or
equivalent
2 Adequacy for the Project 70
Professional Experience
i) Total Professional Experience of Pavement 20
Design/Construction and Maintenance of
Highways/Roads/Air Field Runway
< 10 years -0
10 years -15 marks
Add one mark extra for each additional year of
experience subject to maximum 5 (five) marks.
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Reference/Details Marks self-
Max. of projects assessed
S. No. Description
Points Claimed for self- by the
assessment bidder
1 Project- 4 marks
Add 1 (one) mark extra for each additional
project subject to maximum 1 (one) mark
Total : 100
Note:
(2) Only those projects (in numbers) will be considered for evaluation above, where the input
of the personnel is not < 6 months
(3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
be duly endorsed by the respective Government agency. In case of non-availability of
endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be
taken into consideration. However, the key personnel/bidder will be solely responsible for
any fake information/CV, which may result in debarment.
Page 35 of 243
Reference/Details Marks self-
Max. of projects assessed
S. No. Description
Points Claimed for self- by the
assessment bidder
i) Total Professional Experience in handling 15
Highway/Bridge projects
< 10 years -0
10 years -11
Add one mark extra for each additional year of
experience subject to maximum 4 (four) marks.
ii) Experience in similar capacity in 25
Construction/Construction Supervision of
major Highway Projects ((similar configuration
(2/4/6 laning**) and above))
< 5 years -0; 5 years -19
Add 2.0 (two) marks extra for each additional
year of experience subject to maximum 6 (Six)
marks.
iii) Experience in similar capacity in handling 30
Similar Highway projects (of length 40% of
project length (34.61 km) or more of similar
configuration (2/4/6 laning**) and above)
< 2 nos. -0
2 nos. - 25
Add 2.5 marks extra for each additional project
subject to maximum 5 (five) marks.
3 Employment with the Firm 5
< 1 year – 0
1 year – 3
Note:
(2) Only those projects (in numbers) will be considered for evaluation above, where the input
of the personnel is not < 12 months
(3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
be duly endorsed by the respective Government agency. In case of non-availability of
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endorsement from Govt. Agency, the experience uploaded on Infracon Portal will be taken
into consideration. However, the key personnel/bidder will be solely responsible for any
fake information/CV, which may result in debarment.
* It is mandatory for the Road Safety Expert to have completed at least 15 days’ certification
course on Road Safety Audit from IAHE/IITs/NITs/CRRI. The CV of the proposed key
personnel not having completed minimum 15 days certification course shall not be
evaluated. For avoidance of doubt, it is clarified herein that the certification training course
may be either from a single institution or from multiple institutions.
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S. Description Max. Reference/ Marks
No. Points Details of self-
projects assessed
Claimed for by the
self- bidder
assessment
iv) Experience in similar capacity in identification 10
and improvement of black spots on Major
Highway Project (similar configuration (2/4/6
laning**) and above)
< 2 nos. -0
2 nos. -8 marks
Add 2 marks extra for each additional
improvement of black spots subject to
maximum 2 marks.
v) Experience in similar capacity of preparing 5
Road Safety Management Plans for Inter Urban
Highway
1 project -4 marks
2 or more -5 marks
vi) Experience in similar capacity in field of Road 5
Safety Management Plan
1 project -4 marks
2 or more -5 marks
3 Employment with the Firm 5
<1 year- 0
1 year – 3 marks
Add 0.5 marks for each subsequent year
subject to maximum 2 marks
Total : 100
Note:
If a key personnel has worked in next lower category to the similar capacity, the marks allotted to
key personnel in the category ‘experience in similar capacity’ shall be reduced To two-thirds of marks in this
category. This shall be applicable for evaluation of all key personnel.
2. ** Similar projects means 2/4/6 lane as applicable for the project for which RFP is invited. For
2-lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of
4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2
lane will be considered with a multiplication factor of 0.4.
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SECTION 3: FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
The proposal should contain the following information in enclosed format attached at Appendix
A.
Year of Establishment of Firm
Average annual turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last
three years [FY 2017-2018, FY 2018-2019, and FY 2019-2020]*. For claiming experience of
Highway projects, completion certificate from employer should be enclosed. The proposal
should also contain the details of the key personnel viz. their name, qualification, expertise
area, experience and years of association with the firm.
*To be modified appropriately.
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Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm*
Consultant Year of Country Type of Organization
Establishment Individual Partnership Corporation Other
Individual / Lead
Partner (of JV)/
Minor Partner of
JV/Associate
NOTE:- Year of Establishment of Lead Partner of JV shall be considered.
*Copy of Certificate of incorporation shall be submitted.
iii. Office/ Business Address/Telephone nos. /Cable Address.
iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two (2) principals who may be contacted with title and telephone number/fax
number/e-mail.
vi. Financial Statement of the last three years. **
S. Projects Type of Descriptio Client Total Fee Fee received %age of Approx. Perio
No. Name / Services n of (with for the by Applicant total fee Cost of d
Year rendere Highway complete Consultanc (in case of receive Highwa
Sole d Project/ address, y JV/Association d by the y
Consultant contact Assignment ) firm Project
/ Length person, (INR)
Prime (kms) Telephon
Consultant e Nos. and
of JV / Fax Nos.)
minor
Authority’s
Engineer of
JV/ /as
associate
consultant
1 2 3 4 5 6 7 8 9 10
Page 40 of 243
S. Projects Type of Descriptio Client Total Fee Fee received %age of Approx. Perio
No. Name / Services n of (with for the by Applicant total fee Cost of d
Year rendere Highway complete Consultanc (in case of receive Highwa
Sole d Project/ address, y JV/Association d by the y
Consultant contact Assignment ) firm Project
/ Length person, (INR)
Prime (kms) Telephon
Consultant e Nos. and
of JV / Fax Nos.)
minor
Authority’s
Engineer of
JV/ /as
associate
consultant
A. Completed / Substantially completed projects:
1.
2.
3.
B. Projects in progress:
1.
2.
3.
viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report preparation of
2/4/6 laning / Bridge Highway Projects separately for the PPP and non-PPP projects
during the last 7 years. ***
S No Projects Name / Type Length Client Total Fee Fee received by %age of Period
Year o of (with for the Applicant total fee
Sole f Project Complete Consultancy (in case of received
Consultant/ Services (kms) address, Assignment JV/Association) by the
Prime Rendered contact (INR) firm
Consultant of JV / person, c
minor Authority’s telephone ase of JV)
Engineer of JV/ Nos. and
/as associate Fax Nos.)
consultant
1 2 3 4 5 6 7 8 9
***a) 2/4/6 lane/Bridge work as applicable for the project for which RFP is invited. For 2-lane
projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5.
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6
lane projects, experience of 2 lane will be considered with a multiplication factor of 0.4, but
only for those 2-lane projects whose cost of consultancy services was more than Rs.3.0
crores. For standalone bridge projects, experience in bridge work (either standalone project
or as a part of road project) only be considered.
b) Only those projects, to be included in the table which are Highways Projects and for which
clients certificates from the concerned Government agencies are enclosed with the
proposal.
c) The details of bridges having length more than 200m (500m in case the project consist of
bridges of length more than 500m) in the listed projects is to be specifically mentioned.
d) The weightage given for experience of a firm would depend on the role of the firm in the
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respective assignments. The firm’s experience would get full credit if it was the sole firm in
the respective assignment. If the applicant firm has completed projects as JV with some
other firms, weightage shall be given as per the JV share***. However if the applicant firm
has executed the project as associate with some other firms, 25% weightage shall be given
to the applicant firm for the projects completed under such association
e) For weightage of experience in any past Consultancy assignment, experience certificate
from the client shall be submitted. In absence of clear demarcation of JV share in client
certificate, the weightage will be treated as 60 % for lead partner and 40% for minor
partner. Annual turnover duly certified by Chartered Accountant shall be accepted. In case
of non-availability of such documents no weightage of turnover/experience will be
considered.
(ix) Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be
given in the following format.
S. Name of Client Role of the Date of Date of Present Team Members
No Assignment firm letter of Agreement status of provided by the firm
Sole, Acceptance if signed Assignment
Lead/
Other in JV
or sub- Name DOB Position
consultant
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
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SECTION 4: FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
Page 43 of 243
APPENDIX B-1-Technical proposal submission form.
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as Authority Engineer for
Construction of Six lane access-controlled Paniyala-Barodameo Inter Corridor Route from Km
0+000 to Km 86+513 in the State of Rajasthan on EPC Mode under Bharatmala Pariyojana
We, the undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated (Date), and our Proposal. We are hereby submitting our Proposal,
which includes this Technical Proposal and a Financial Proposal sealed under a separate envelope
for the above mentioned work.
My/Our registration No. on Infracon is ……. And my/our Infracon Team ID is …………….
Our Proposal is binding upon us. We understand you are not bound to accept any Proposal you
receive
We remain,
Yours sincerely,
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APPENDIX B-2: SITE APPRECIATION
Shall give details of site as per actual site visit and data provided in RFP and collected from site
supported by photographs to demonstrate that responsible personnel of the Authority’s Engineer
have actually visited the site and familiarized with the salient details/ complexities and scope of
services.
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APPENDIX B-3: APPROACH PAPER ON METHODOLOGY FOR PERFORMING THE
ASSIGNMENT
The approach and methodology will be detailed precisely under the following topics.
1) Methodology for services, surveying, road condition data collection and analysis [not more
than 2 pages]
2) Key challenges foreseen and proposed solutions in carrying out the assignment [not more
than 1page]
3) Quality Audit methodology including Quality Assurance Plan [not more than 6 pages]
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APPENDIX B-4: FACILITY FOR FIELD INVESTIGATION AND TESTING
1. State whether applicant has in-house (created in house at site)/ outsourced/ not available
facility for
Surface defects detection and roughness measurement using Network Survey Vehicle
Pavement strength measurement using FWD
Bridge inspection using Mobile Bridge Inspection Unit
Road signs inspection using Retro Reflectometer
2. In-case answer to 1 is available (created in house at site) a list of field investigation and
testing equipment is to be attached
4. For experience in NSV, FWD, MBIU and reflectometer, references need to be provided in
the following format:
REFERENCES
The following information should be provided in the format below for each reference assignment
for which your firm, either individually as a corporate entity or as one of the major companies
within a consortium, was legally contracted by the client:
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APPENDIX B-5: COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF EACH
TEAM MEMBER
2. Technical/Managerial Staff
Sl. No. Name Position Task
1
i. Support Staff
Page 48 of 243
APPENDIX B-6 : FORMATOF CURRICULUM VITAE (CV) FOR PROPOSED
PROFESSIONALSTAFF
Name of Firm:........................................................................................
Name of Staff :........................................................................................
Profession :..............................................................................................
Date of Birth :
Years with Firm/Entity: ...........................................Nationality:.............................. Membership of
Professional Societies :.........................................................................
Detailed Task Assigned: Please attach printout of CV along with all the relevant details uploaded on
infracon portal.
I, the undersigned,(Name and Address) undertake that this CV correctly describes myself, my
qualifications and my experience and Employer would be at liberty to debar me if any information
given in the CV, in particular the Summary of Qualification & Experience vis-à-vis the requirements
as per TOR is found incorrect. I further undertake that I have neither been debarred by National
Highways Authority of India or any other central/stage government organization nor left any
assignment with the
consultants engaged by Employer / contracting firm (firm to be supervised now) for any
continuing work of Employer without completing my assignment. I will be available for the
entire duration of the current project (named…..). If I leave this assignment in the middle of the
work, Employer would be at liberty to debar me from taking any
assignment in any of the Employer works for an appropriate period of time to be decided by
the Employer. I have no objection if my services are extended by the Employer for this work in
future.
I further undertake that my CV is being proposed for this project by --------- (the applicant firm) and
I have not given consent to any other consultant(s) to propose my CV for any position for this
project.
I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such unavoidable
circumstances, I shall not undertake any employment in Employer projects during the period of
assignment of this project and Employer shall consider my CV invalid till such time.
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For Key Personnel having intermittent inputs, add the following:
I further certify that I am associated with the following assignments as on date (as on 7 days prior
to due date for submission of proposal) including those for which LOA has been received by the
firm and the inputs in these assignments shall not affect the work of the current assignment.
Name of Assignment Client Date of Likely start Likely end Total input of
LOA (Month / (Month / the person
Year) Year) (man-months)
………………………………………………………….. Date
(Signature of Key Personnel)
(Day/Month/Year)
The Authority’s Engineer should carryout self-evaluation based on the evaluation criteria at
Appendix-EC and furnish the same here. While submitting the self-evaluation along with bid,
Authority’s Engineer shall make references to the documents which have been relied upon in his
self-evaluation.
The undersigned on behalf of ----------( name of consulting firm) certify that Shri-------- (name of
proposed personnel) to the best of our knowledge has neither been debarred by National Highways
Authority of India or any other Central/State Government organization nor left his assignment with
any other consulting firm engaged by the Employer /Contracting firm(firm to be supervised now)
for the ongoing projects. We understand that if the information about leaving the past assignment
is known to the Employer, Employer would be at liberty to remove the personnel from the present
assignment and debar him for an appropriate period to be decided by the Employer.
a) Deleted.
b) Deleted.
c) Deleted.
d) Deleted.
e) Deleted.
f) Deleted
Page 50 of 243
APPENDIXB-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Page 51 of 243
APPENDIXB-8: ACTIVITY (WORKS) SCHEDULE
B. Activity Schedule
1 Monthly reports
(Design and Construction)
2 Half yearly Reports
Page 52 of 243
APPENDIX B-9: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND
EXPERIENCE CLAIMED BY THE FIRMS
Page 53 of 243
APPENDIX B-10: INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents for
tenders having a value between Rs. 5 Cr and 100 Cr. To be signed by the bidder and same signatory
competent/ authorized to sign the relevant contract on behalf of the National Highways Authority
of India)
Tender No._________
BETWEEN
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), a statutory body constituted under the
National Highways Authority of India Act, 1988, which has been entrusted with the responsibility
of development, maintenance and management of National Highways, having its office at G-5 & 6,
Sector -10, Dwarka, New Delhi,, hereinafter referred to as "The Principal", which expression shall,
unless repugnant to the meaning of contract thereof, include its successors and permitted assigns)
AND
Whereas, the Principal intends to award, under laid down organizational procedure, contract/s for
“Consultancy Services for Authority’s Engineer for Supervision of Construction of Six
lane access-controlled Paniyala-Barodameo Inter Corridor Route from Km 0+000 to
Km 86+513 in the State of Rajasthan on EPC Mode under Bharatmala Pariyojana ”. The
Principal values full compliance with all relevant laws of the land, rules of land, regulations,
economic use of resources and of fairness/ transparency in its relations with its Bidder(s) and for
Contractor(s)/ Concessionaire(s)/ Consultant(s).
And Whereas in order to achieve these goals, the Principal will appoint an Independent External
Monitors (IEMs), who will monitor the tender process and the execution of the contract for
compliance with the Principles mentioned above.
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity
Pact (hereafter referred to as "Integrity Pact") the terms and conditions of which shall also be read
as integral part and parcel of the Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties hereby
agree as follows and this pact witnesses as under:
(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
Page 54 of 243
(b) The Principal will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the Tender process,
provide to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential/ additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
(c) The Principal will exclude all known prejudiced persons from the process.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract,
submission or non-submission or bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
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(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any
outside influence through any Govt. bodies/quarters directly or indirectly on the bidding
process in furtherance of his bid.
Article - 3 Disqualification from tender process and exclusion from future contracts.
(3) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence concludes that “On the basis of facts available there are no material
doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and
without any influence agrees and undertakes to respect and uphold the Principal's
absolute rights to resort to and impose such exclusion and further accepts and undertakes
not to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is given
freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) shall be final and binding on the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s), however, the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of this
Pact.
(6) On occurrence of any sanctions/ disqualification etc. arising out from violation of integrity
pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be entitled
for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) can prove that he has restored/
recouped the damage caused by him and has installed a suitable corruption prevention
system in his organization.
Page 56 of 243
Article-4: Compensation for Damages.
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Article-3, the Principal shall be entitled to forfeit the Earnest Money Deposit/
Bid security or demand and recover the damages equivalent to Earnest Money Deposit/ Bid
Security apart from any other legal right that may have accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant's Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant and/ or
demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any country
conforming to the anti corruption/ Transparency International (TI) approach or with any
other Public Sector Enterprise/ Undertaking in India or any Government Department in
India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3 above
for transgressions of Article-2 and shall be liable for compensation for damages as per
Article-4 above.
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact
or violate its provisions.
(1) The Principal has appointed Smt. Gauri Kumar, IAS (Retd.), Sh. Ashish Bhauguna, IAS
(Retd.) and Sh. Animesh Chauhan (Ex-MD & CEO, Oriental Bank of Commerce) as
Independent External Monitor (IEM) for this pact. The task of the Monitor is to review
independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
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(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman, NHAI.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) accepts that the Monitor
has the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will also
grant the Monitor, upon his request and demonstration of a valid interest, unrestricted
and unconditional access to his project documentation. The same is applicable to
Subcontractors.
(4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. The Monitor has also
signed on ‘Non-disclosure of Confidential Information’ and of ‘Absence of Conflict of
Interest’. In case of any conflict of interest arising at a later date, the IEM shall inform
Chairman, NHAI and recuse himself/ herself from that case.
(5) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Bidder/Contractor/ Concessionaire/
Consultant. The parties offer to the Monitor the option to participate in such meetings.
(6) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-
2, he may request the Management of the Principal to take corrective action, or to take
relevant action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks from
the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
(8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence
under relevant IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not,
within the reasonable time taken visible action to proceed against such offence or reported
it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to
the Central Vigilance Commissioner.
(9) The word 'Monitor' would include both singular and plural.
This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/ Consultant 12
months after his Defect Liability Period is over or 12 months after his last payment under
the contract whichever is later and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. (In case of BOT Projects) It expires for the concessionaire 24
months after his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded. Any violation of the same would entail disqualification
of the bidder and exclusion from future dealings.
If any claim is made/ lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined
by Chairman of NHAI.
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Article - 10 Other Provisions
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(5) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.
(6) In the event of any contradiction between the Integrity Pact and its Annexure, the clause
in integrity pact shall prevail.
(7) Any disputes/ differences arising between the parties with regard to term of this pact, any
action taken by the Principal in accordance with this Pact or interpretation thereof shall
not be subject to any Arbitration.
(8) The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extent law in force relating to any
civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-
……………………………………. ……………………………………..
For & on behalf of the Principal For & On behalf of Bidder/ Contractor/
Concessionaire/ Consulting
(Office Seal)
Place……………
Date………….…
Witness 1:
(Name & Address) ________________
________________
________________
Witness 2:
(Name & Address) ________________
________________
________________
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APPENDIX B-11: Format for Technical Capacity of Bidding Firms
(TO BE FILLED BY THE SOLE CONSULTANT & IN CASE OF JV, SEPARATELY BY JV PARTNERS
BIDDING FOR THE ASSIGNMENT)
(ii) Details of all in-hand DPR projects or DPR projects awarded by NHAI for NH works:
Bids for Civil Works In case Techincal
Sl. received or original of JV, Capacity utilized
Project Start Scheduled
No assignment period + share of after applying JV
Description Date Completion
. one year lapsed (Yes/ Contract share as per Note
No) Fee (%) 2
1 2 3 4 5 6 7
1 2 3 4 5 6 7
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Format for undertaking by the firm for in-hand AE/ IE Projects:
The undersigned on behalf of ----- (name of consulting firm) certify that the firm do not have
any other in-hand/ awarded AE/IE project other than those listed above. For all other such
projects undertaken by the firm, where original assignment period + one year is lapsed or
provisional completion of civil works is issued, whichever is earlier, the consulting firm/JV
was not at default on these project assignments.
Date:……………………..(dd/mm/yyyy)
[Signature of authorized representative of the Firm]
(iv) Self-Assessment by the consultancy firm (in case of JV, separately by the JV partners)
on eligibility as per technical capacity provisions:
(1) (2) (3) (4) (5)
Average No. of Key Max. no. of Total Remaining
Annual Professionals projects to be ongoing/awar Capacity for new
Turnover of on full time allotted to ded Projects Projects (nos.)
firm in last 3 rolls one particular (nos.)
FY (from (minimum consultant
consultancy from last including
works) one year) ongoing
with the projects at a
consultancy time in NHAI
firm
Firm Firm Total DPR IE/AE Total DPR IE/AE Total DPR IE/AE
-1 -2
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Note 1:
$ The figures in column 5 be rounded off to the nearest interior i.e. in case remaining
bid capacity comes to 0.5 or more than it will be considered as 1, in case less than 0.5
it will be considered as 0 (zero)
Note 2:
Clarification for Technical Capacity utilized in case of JV with other firm than
proposed in current assignment.
In case Firm-1 proposes for new JV with other partner, then capacity utilization will
be calculated on the basis of JV share in existing assignments e.g.
Note 3:
The Consultant shall resubmit the bid capacity details as per above format at the time
of opening of Financial Bid.
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Illustration for Determination of Technical Capacity (Sole)
(1) (2) (3) (4) (5)
Average No. of Key Max. no. of Total Remaining
Annual Professionals projects to be ongoing/award Capacity for
Turnover on full time allotted to one ed Projects new Projects
of firm in rolls particular (nos.) (nos.) $
last 3 FY (minimum consultant
(from from last one including
consultanc year) with the ongoing projects
y works) consultancy at a time in NHAI
firm
Note 1: $ The figures in column 5 be rounded off to the nearest interior i.e. in
case remaining bid capacity comes to 0.5 or more than it will be considered as 1, in
case less than 0.5 it will be considered as 0 (zero)
Page 63 of 243
Technical Capacity of Firm-2 individually
Technical Capacity of Joint venture of Firm-1 & Firm-2 (for different combinations of
Consultancy fee share)
Firm Firm Total DPR IE/AE Total DPR IE/AE Total DPR IE/AE
-1 -2
60 40 38 36 12 12 9 19.4 6.4 13 0 0 0
75 25 27.5 26.25 12 12 9 14.75 5.5 9.25 0 0 0
50 50 45 42.5 25 25 18 22.5 7 15.5 2.5^ 2.5^ 2.5^
70 30 31 29.5 12 12 9 16.3 5.8 10.5 0 0 0
Note 1:
$ The figures in column 5 be rounded off to the nearest interior i.e. in case remaining
bid capacity comes to 0.5 or more than it will be considered as 1, in case less than 0.5
it will be considered as 0 (zero)
^In term of Note (3) Table 1.1, as the Balance bid capacity of Firm-1 is nil. So in spite
of remaining capacity 2.5 the JV not to be considered as responsive.
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SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
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APPENDIX C-1: FINANCIALPROPOSALSUBMISSIONFORM
Address of Employer
Subject:
We, the undersigned, offer to provide the consulting services for the above in accordance with
your Request for Proposal dated [Date], and our proposal. Our attached financial proposal is for
the sum of [Amount in words and figures]. This amount is exclusive of the local taxes which we
have estimated at (Amount in Words and Figures).
Our financial proposal shall be binding upon us up to the expiration of the validity period of the
proposal, i.e., [Date].
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”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this proposal and
contract execution, if we are awarded the contract, are listed below:
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,
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APPENDIX C-2: SUMMARY OF COSTS
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APPENDIX C-3: BREAKDOWN OF LOCAL CURRENCY COSTS
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II. Support Staff
Note: Billing rates as indicated above shall be increased in accordance of clause 6.2(a) Special
Conditions of Contract for the personnel of all categories namely (i) key Personnel; (ii) sub-
Professional personnel and (iii) Support staff. The increase as above shall be payable only on the
remuneration part of Key Personnel, Sub-Professional Personnel and support staff. However, for
evaluation of Bid proposals, the quoted initial rate shall be multiplied by the total time input for
each position on this contract, i.e. without considering the increase in the billing rates
The vehicles provided by the Consultants shall include the cost for rental, drivers, operation,
maintenance, repairs, insurance, etc. for all complete approx. 3000km/month run
IV. Duty Travel to Site (Fixed Costs) (For all Lengths of projects) : Professional and
Sub-Professional Staff
The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc. complete.
The cost shall include rental charges towards all such furniture and equipment as required for
proper functioning of office. Office furniture shall include executive tables, chairs, visitor chairs,
steel almirahs, computer furniture, conference table etc. Office equipment shall include as a
minimum of telephone (2 external & 10 internal lines), photocopier (15ppm, 12000 copies per
month with A3 & A4 input) fax machine, PCs(5 No., Intel Core 2 Duo E8300, 19’’ colour TFT, Cache-
6MB, RAM-2 GB, HDD-250 GB, DVD Writer, Key board, optical scroll mouse, MS-Windows Vista
Business, pre-loaded anti-virus etc.), laser printers (2 no., 14 ppm, 266 MHZ, 5000 pages per month,
600x600 dpi or better etc., Engineering Plan printer (1 no.), binding machine (1 no.), plotter A0 size,
overhead projector, AC (4 no., 1.5 Ton), Water Coolers (as required)etc.
Nos. of Months Rate/month Amount
84
X. Contingencies
A fixed amount of Indian Rupees ONE MILLION shall be included in the Financial Proposal. The
provisions of Contingency shall be operated with the specific approval from the Competent
Authority in National Highways Authority of India.
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SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement dated------
entered between Authority and --------(the Contractor) for the work of .............. from km----
to ---- of NH No.------- in the State of -------------- on Engineering, Procurement and
Construction (EPC) basis].
1. Scope
1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified
pursuant to the EPC Agreement dated........... (the “Agreement”), which has been entered
into between the Authority and ............. (the “Contractor”) for [Two-Laning] of the ****
section (km ** to km**) of National Highway No. ** in the State of *** on Engineering,
Procurement, Construction (EPC) basis, and a copy of which is annexed hereto and marked
as Annex-A to form part of this TOR.
1.2 The TOR shall apply to construction and maintenance of the Project Highway.
2.1 The words and expressions beginning with or in capital letters and not defined herein but
defined in the Agreement shall have, unless repugnant to the context, the meaning
respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the context
otherwise requires, be deemed to be reference to the Articles, Clauses and Schedules of the
Agreement, and references to Paragraphs shall be deemed to be references to Paragraphs
of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply,
mutatis mutandis, to this TOR.
3 General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient manner,
consistent with the highest standards of professional integrity and Good Industry Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in accordance
with the provisions of this Agreement, but subject to obtaining prior written approval of the
Authority before determining.
3.3 The Authority’s Engineer shall submit regular periodic reports, once every month, to the
Authority in respect of its duties and functions under this Agreement. Such reports shall be
submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month.
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3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and
responsibilities to its suitably qualified and experienced personnel; provided, however, that
it shall not delegate the authority to refer any matter for the Authority’s prior approval in
accordance with the provisions of Clause 18.2 EPC Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of
Scope under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope and
nature of Good Industry Practice, as set forth in any provision of the Agreement, the
Authority’s Engineer shall specify such meaning, scope and nature by issuing a reasoned
written statement relying on good industry practice and authentic literature.
The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI;
RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and
PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision and
monitoring of the execution of project as the representative of the owner of the project. The
Authority's Engineer is appointed to assist the Authority for carrying out the functions as
detailed under clause 18.2 of the EPC Agreement. As such, an officer of the Authority is
vested with all such powers and responsibilities as are enjoined upon the Authority's
Engineer and is fully competent to issue any instructions for proper monitoring and
supervision of the project, either by himself or through the Authority's Engineer.
Instructions issued by the concerned officer of the Authority shall have the same effect as
that of the Authority's Engineer in terms of this Agreement. Wherever such concerned
officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof
to the Authority's Engineer.
5 Construction Period
5.1 During the Construction Period, the Authority’s Engineer shall review and approve the
Drawings furnished by the Contractor along with supporting data, including the geo-
technical and hydrological investigations, characteristics of materials from borrow areas
and quarry sites, topographical surveys, and the recommendations of the Safety Consultant
in accordance with the provisions of Clause 10.1.6 of EPC Agreement. The Authority’s
Engineer shall complete such review and approve and send its observations to the Authority
and the Contractor within 15 (fifteen) days of receipt of such Drawings; provided, however
that in case of a Major Bridge or Structure, the aforesaid period of 15 (fifteen) days may be
extended upto 30 (thirty) days. In particular, such comments shall specify the conformity
or otherwise of such Drawings with the Scope of the Project and Specifications and
Standards.
5.2 The Authority’s Engineer shall review and approve any revised Drawings sent to it by the
Contractor and furnish its comments within 10 (ten) days of receiving such Drawings. The
review/approval of drawing should be authenticated by Authority’s Engineer.
5.3 Quality Assurance Manual and Plan forms the basis of quality of the work. It is therefore
essential that the Quality Assurance Manual and Plan prepared by the Concessionaire be
checked and approved. Thus, the Authority’s Engineer shall check contents of Quality
Assurance Plan and Manual of Concessionaire as per requirements of Quality Management
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System (as per ISO 9001), IRC: SP: 47-1998 and IRC: SP: 57-2000 for road bridges and roads
respectively. The Authority’s Engineer Authority’s Engineer shall also offer their comments
for modifying/ improving the document. After receiving the corrected document, the
Authority’s Engineer shall review and formally approve the QAM and Quality Plan and send
one copy to the Authority. The Authority’s Engineer shall complete the review of the
methodology proposed to be adopted by the Contractor for executing the Works, and
convey its comments to the Contractor within a period of 10 (ten) days from the date of
receipt of the proposed methodology from the Contractor.
5.4 The Authority’s Engineer shall grant written approval to the Contractor, where necessary,
for interruption and diversion of the flow of traffic in the existing lane(s) of the Project
Highway for purposes of maintenance during the Construction Period in accordance with
the provisions of Clause 10.4 EPC Agreement.
5.5 The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the contractor within 7
(seven) days of receipt of such report.
5.6 On a daily basis, the concerned key personnel of Authority Engineer shall inspect the
Construction Works. Following activities need to be undertaken during the visits.
Team Leader will be responsible for sending daily emails to National Highways Authority
of India office
5.7 On a monthly basis, the Authority Engineer shall prepare a Monthly Inspection Report in
accordance with the format prescribed in Annexure V setting forth an overview of the
status, progress, quality and safety of construction, including the work methodology
adopted, the materials used and their sources, and conformity of Construction Works with
the Scope of the Project and the Specifications and Standards. In a separate section of the
Inspection Report, the Authority Engineer shall describe in reasonable detail the lapses,
defects or deficiencies observed by it in the construction of the Project Highway. The
Authority Engineer shall send a copy of its Inspection Report to the Authority and the
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Concessionaire latest by 7th of every month. Key sections of the Monthly Progress Report
are as follows.
S
Section Sub-Sections
No.
1.1 Construction progress in current month
1.2 Summary of strip plan
1 Executive Summary 1.3 Detailed strip plan
1.4 Current issues and recommended actions by
AE
2.1 Salient Features of the Project
2.2 Project Milestones
2 Project Overview
2.3 Location Map
2.4 Key Plan
Critical issues and 3.1 Pending issues and action log
3
Action log 3.2 Obligations as per contract
4 Physical Progress 4.1 Detailed physical progress by component
5.1 LA summary
5.2 LA detail by CALA
Land Acquisition and 5.3 LA detail by village
5
Clearances 5.4 Manpower with each CALA
5.5 Clearances summary
5.6 Status of utility shifting
6 Change of Scope 6.1 Status of pending COS proposals
Mobilization of 7.1 Resource mobilization by contractor/
7
Resources concessionaire
Financial Progress 8.1 Pen picture- Escrow
8
Details 8.2 Escrow details
Summary of quality 9.1 Tests witnessed by IE/AE
9
control tests 9.2 Tests conducted by IE/AE
Monitoring of 10.1 Critical issues and action log
maintenance 10.2 Cumulative defects and deficiencies
10
obligations during
10.3 Status of damages
construction phase
11.1 Pen picture on safety features at
11 Safety features construction site
11.2 Accident report
Annex 1: Detailed list of physical components as
per Schedule G
12 Annexures
Annex 2 onwards: Additional details provided
by AE
5.8 If at any time during the Construction Period, the Authority Engineer determines that the
Concessionaire has not made adequate arrangements for the safety of workers and Users in
the zone of construction or that any work is being carried out in a manner that threatens
the safety of the workers and the Users, it shall make a recommendation to the Authority
forthwith, identifying the whole or part of the Construction Works that should be
suspended for ensuring safety in respect thereof.
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5.9 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s
reports and standard samples of manufactured Materials, and such other Materials as the
Authority’s Engineer may require.
5.10 For determining that the Works conform to Specifications and Standards, the Authority’s
Engineer shall require the Contractor to carry out, or cause to be carried out, tests at such
time and frequency and in such manner as specified in the Agreement and in accordance
with Good Industry Practice for quality assurance. For purposes of this, the tests specified
in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads
and Runways) and the Specifications for Road and Bridge Works issued by MORT&H (the
“Quality Control Manuals”) or any modifications/substitution thereof shall be deemed to be
tests conforming to Good Industry Practice for quality assurance.
5.11 The Authority’s Engineer shall test check at least 60(sixty) percent of the quantity or
number of tests prescribed for each category or type of test for quality control by the
Contractor.
5.12 The timing of tests referred to in Paragraph 5.10, and the criteria for acceptance/rejection
of their results shall be determined by the Authority’s Engineer in accordance with the
Quality Control Manuals. The tests shall be undertaken on a random sample basis and shall
be in addition to, and independent of, the tests that may be carried out by the Contractor for
its own quality assurance in accordance with Good Industry Practice.
5.13 In the event that results of any tests conducted under Clause 11.10 establish any Defects or
deficiencies in the Works, the Authority’s Engineer shall require the Contractor to carry out
remedial measures.
5.14 The Authority’s Engineer may instruct the Contractor to execute any work which is urgently
required for the safety of the Project Highway, whether because of an accident,
unforeseeable event or otherwise; provided that in case of any work required on account of
a Force Majeure Event, the provisions of Clause 21.6 of EPC Agreement shall apply.
5.15 In the event that the Contractor fails to achieve any of the Project Milestones, the Authority’s
Engineer shall undertake a review of the progress of construction and identify potential
delays, if any. If the Authority’s Engineer shall determine that completion of the Project
Highway is not feasible within the time specified in the Agreement, it shall require the
Contractor to indicte within 15 (fifteen) days the steps proposed to be take to expedite
progress, and the period within which the Project Completion Date shall be achieved. Upon
receipt of a report from the Contractor, the Authority’s Engineer shall review the same and
send its comments to the Authority and the Contractor forthwith.
5.16 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s
quality control records and documents before the Completion Certificate is issued pursuant
to Clause 12.2 of EPC Agreement.
5.17 Authority’s Engineer may recommend to the Authority suspension of the whole or part of
the Works if the work threatens the safety of the Users and pedestrians. After the
Contractor has carried out remedial measure, the Authority’s Engineer shall inspect such
remedial measures forthwith and make a report to the Authority recommending whether
or not the suspension hereunder may be revoked.
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5.18 In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and users, and requires the Authority’s Engineer to inspect such works,
the Authority’s Engineer shall inspect the suspended works within 3 (three) days of
receiving such notice, and make a report to the Authority forthwith, recommending
whether or not such suspension may be revoked by the Authority.
5.19 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests specified
in Schedule-K and issue a Completion Certificate or Provisional Certificate as the case may
be. For carrying out is functions under this Paragraph 4.18 and all matters incidental
thereto, the Authority’s Engineer shall act under and in accordance with the provisions of
Article 12 and Schedule-K. The Authority’s Engineer shall use following equipment in
carrying out the tests.
6 Maintenance Period
6.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of its
monthly Maintenance Programme and for this purpose carry out a joint monthly inspection
with Contractor.
6.2 The Authority’s Engineer shall undertake regular inspections, at least once every month to
evaluate compliance with the Maintenance Requirements and submit a Maintenance
Inspection Report to the Authority and the Contractor.
6.3.1 The Authority Engineer shall carry out visual inspection of entire highway stretch as per the
frequency defined in the following table
Frequency
Nature of defect or deficiency of
inspection
ROADS
(a) Carriageway and paved shoulders
(i) Breach or blockade Daily
(ii) Pot holes Daily
(iii
Cracking Weekly
)
(iv) Rutting Weekly
(v) Bleeding/skidding Weekly
(vi) Ravelling/Stripping of bitumen surface Weekly
(vii
Damage to pavement edges Weekly
)
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Frequency
Nature of defect or deficiency of
inspection
(vii
Removal of debris Daily
i)
(b) Hard/earth shoulders, side slopes, drains and culverts
Variation by more than 2% in the prescribed slope of
(i) Weekly
camber/cross fall
(ii) Edge drop at shoulders Weekly
(iii Variation by more than 15% in the prescribed side
Weekly
) (embankment) slopes
(iv) Rain cuts/gullies in slope Weekly
Damage to or silting of culverts and side drains during and
(v) Weekly
immediately preceding the rainy season
(vi) Desilting of drains in urban/semi-urban areas Daily
(c) Road side furniture including road signs and pavement marking
Damage to shape or position;
(i) Daily
poor visibility or loss of retro-reflectivity
(d) Street lighting and telecom (ATMS)
(i) Any major failure of the system Daily
(ii) Faults and minor failures Daily
(iii
Streetlight with Lux Meter Weekly
)
(e) Trees and plantation
Obstruction in a minimum head-room of 5 m above carriageway
(i) Daily
or obstruction in visibility of road signs
(ii) Deterioration in health of trees and bushes Weekly
(iii
Replacement of trees and bushes Weekly
)
(iv) Removal of vegetation affecting sight line and road structures Weekly
(f ) Rest areas/Wayside amenities
(i) Cleaning of toilets Daily
(ii) Defects in electrical, water and sanitary installations Daily
(g) Toll plaza[s]
(i) Failure of toll collection equipment including ETC or lighting Daily
(ii) Damage to toll plaza Weekly
(h) Other Project Facilities and Approach roads
Damage or deterioration in Approach Roads, -[pedestrian
(i) facilities, truck lay-bys, bus-bays, bus- shelters, cattle crossings, Daily
Traffic Aid Posts, Medical Aid Posts and other works]
(j) Incident Management
Instances of Incident Management as reported including time of
(i) call, response time, services rendered and time of clearing of the Daily
Highway.
(ii) List of the Incident Management Services rendered. Weekly
BRIDGES
(a) Superstructure of bridges
(i) Cracks Weekly
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Frequency
Nature of defect or deficiency of
inspection
(ii) Spalling/scaling Weekly
(b) Foundations of bridges
(i) Scouring and/or cavitation Weekly
(c) Piers, abutments, return walls and wing walls of bridges
(i) Cracks and damages including settlement and tilting Weekly
(d) Bearings (metallic) of bridges
(i) Deformation Weekly
(e) Joints in bridges
(i) Loosening and malfunctioning of joints Weekly
(f) Other items relating to bridges
(i) Deforming of pads in elastomeric bearings Weekly
Gathering of dirt in bearings and joints; or clogging of spouts,
(ii) Weekly
weep holes and vent-holes
(iii
Damage or deterioration in parapets and handrails Weekly
)
(iv) Rain-cuts or erosion of banks of the side slopes of approaches Weekly
(v) Damage to wearing coat Weekly
Damage or deterioration in approach slabs, pitching, apron, toes,
(vi) Weekly
floor or guide bunds
(vii Growth of vegetation affecting the structure or obstructing the
Weekly
) waterway
6.3.2 All elements which have daily inspection frequency shall be inspected weekly as well.
Similarly, all elements which have weekly inspection frequency shall be inspected monthly
as well.
6.3.3 Daily inspection report format and weekly inspection report format has been provided in
Annexure II and III of this document respectively. Manpower which needs to conduct visual
inspection and mode of reporting is defined in the following table
6.3.4 High resolution photographs and video of the highway stretches having defects and/or
deficiencies shall be submitted along with Weekly Inspection Report and Monthly Status
Report. Summary of key observations around defects and deficiencies in highway stretch
shall be reported in Monthly Progress Report and detailed inspection report shall be
provided as Annexure to Monthly Progress Report.
6.3.5 The Authority’s Engineer shall also be responsible for inspection and monitoring of
Wayside
Amenities. ETC (Electronic Toll Collection) and ATMS (Advanced Traffic Management
System) and incident management.
Frequency of condition
S No Key metrics of Asset Equipment to be used
survey
At least twice a year (As
Surface defects of Network Survey Vehicle per survey months
1
pavement (NSV) defined for the state basis
rainy season)
At least twice a year (As
Roughness of per survey months
2 Laser Profilometer
pavement defined for the state basis
rainy season)
Falling Weight
3 Strength of pavement At least once a year
Reflectometer (FWD)
At least twice a year (As
Mobile Bridge Inspection per survey months
4 Bridges
Unit (MBIU) defined for the state basis
rainy season)
At least twice a year (As
per survey months
5 Road signs Retro-reflectometer
defined for the state basis
rainy season)
The first equipment based inspection shall be conducted at the time of completion testing. The other
inspections shall be conducted before and after the rainy seasons as per the schedule defined in
Annexure IV, except for FWD testing which shall be conducted once a year.
iii. The following are the set of deliverables which should be submitted after completion of
survey as part of Monthly Progress Report
Raw data generated from the equipment which are part of Network Survey covering
the parameters mentioned in above table. It should also include
o Survey ID, Description, Date, Lane
o GPS referenced data for GIS mapping
Video logging
o Pavement imagery (AVI/JPEG)
o 360 degree imagery (JPEG)
Interpretation report covering summary of entire survey and analysis of defects and
deficiencies
(i) The Authority Engineer shall carry out structural strength surveys for existing pavements
using Falling Weight Deflectometer technique in accordance with the procedure given in
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IRC:115-2014 (Guidelines for Structural Evaluation and Strengthening of Flexible Road
Pavements Using Falling Weight Deflectometer (FWD) Technique) and IRC: 117-2015
(Guidelines for the Structural Evaluation of Rigid Pavement by Falling Weight
Deflectometer)
(ii) The interval at which deflection measurements are to be taken up are as per IRC:115-2014
/ IRC:117-2015. For flexible pavements, the sample size and the interval of the data to be
collected depends on the length of the uniform section calculated and condition of the
pavement section i.e. ‘good’, ‘fair’ and ‘poor’ for each lane, established on the pavement
condition data based on the criterion given in IRC:115-2014. For rigid pavements, the
deflection data may be collected at interiors, corners, transverse joints and longitudinal
joints in the outer lanes at intervals as specified in IRC:117-2015.
(iii) The following are the set of deliverables which should be submitted after completion of
inspection test as part of Monthly Progress Report
6.4.4 The Authority Engineer shall carry out the condition and structural assessment survey of
the bridges in accordance with IRC-SP; 35 with the use of Mobile Bridge Inspection unit
(MBIU) or better technology.
(i) The following criteria shall be met by the process of bridge condition assessment
(ii) Detailed bridge inspection report shall be submitted as per the Inspection Proforma
provided in IRC-SP 35
(i) The Authority Engineer shall measure Coefficient of retro reflected luminance RA (night
time retro reflection) of road traffic signs using a portable retro reflectometer.
(ii) The following criteria shall be met by the process of road signs retro reflection
measurement
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Measurement of retro reflective signs shall be conducted in accordance with ASTM
E1709 and ASTM E2540
Measurement time after pressing trigger shall be less than or equal to 1 sec
Observation angle adjustment from 0.2 degrees to 2.0 degrees
Entrance angle adjustment from -45 degrees to +45 degrees
Self-contained commercially available battery
Inbuilt data storage of at least 2,000 measurements so that data transfer requirement
is minimized while the survey is being conducted
Interface for transferring data from device to Computer
Built in GPS to capture GPS coordinates of road sign
Range shall be at least 0-2000 cd/lx/m2
(iii) The following are the set of deliverables which should be submitted after completion of
survey as part of Monthly Progress Report
(i) Infrastructure:
Availability of civil infrastructure at toll plazas required for installation of ETC systems
Adequacy of hardware, software and other related items as per IHMCL/ National Highways
Authority of India technical specifications and requirements
(ii) Operations:
Adherence of various stakeholders (acquirer bank, system integrator, toll operator, issuer
bank etc) of the ETC system to the service level agreements
Efficacy of the ETC system (RFID tagging, AVC, WIM etc) in terms of accuracy and uptime
Tracking and reporting toll plaza experience metrics such as average waiting time,
transaction times for different modes of payment (RFID, cash, smart cards, QR codes etc)
and congestion levels (eg. length of queue in different lanes) across 4 different times in a
day
Robustness of dispute resolution mechanisms in place for the tag holder and toll operators
by the issuer and acquirer banks
6.6 The Authority Engineer shall prepare a Monthly Status Report in O&M phase of project in
respect of its duties and functions under this Agreement and in accordance with the format
prescribed in Annexure VI. 1st deliverable of the report which is an executive summary to
the main report (Section 1) shall be submitted to the Authority and updated on the PMIS
and project specific website by 4th of every month. Main report (Section 2 onwards) shall
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be submitted to the Authority and updated on the PMIS and project specific website by 7th
of every month. Key sections of the Monthly Status Report are as follows;
6.7 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry out,
or cause to be carried out, for the purpose of determining that the Project Highway is in
conformity with the Maintenance Requirements. It shall monitor and review the results of
such tests and remedial measures, if any, taken by the Contractor in this behalf.
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6.8 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the
Authority’s Engineer shall, in conformity with Good Industry Practice, specify the
permissible limit of deviation or deterioration with reference to the Specifications and
Standards and shall also specify the time limit for repair or rectification of any deviation or
deterioration beyond the permissible limit.
6.9 The Authority’s Engineer shall examine the request of the Contractor for closure of any lane
(s) of the Project Highway for undertakings maintenance/repair thereof, and shall grant
permission with such modifications, as it may deem necessary, within 5 (five) days of
receiving a request from the Contractor. Upon expiry of the permitted period of closure, the
Authority’s Engineer shall monitor the reopening of such lane (s), and in case of delay,
determine the Damages payable by the Contractor to the Authority under Clause 14.5 of
EPC Agreement
7.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are
required to be determined by it under the Agreement.
7.2 The Authority’s Engineer shall determine the period of Time Extension that is required to
be determined by it under the Agreement.
7.3 The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5 of EPC Agreement.
8 Payments
8.1 The Authority’s Engineer shall withhold payments for the affected works for which the
Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer in
accordance with the provision of Clause 10.2.4 (d) of EPC Agreement.
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to Clause 19.4, determine the amount due to the Contractor and
recommend the release of 90 (ninety) percent of the amount so determined as part
payment, pending issue of the Interim Payment Certificate; and
(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in
Clause 19.4, deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor, after
adjustments in accordance with the provisions of Clause 19.10 of EPC Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the First stage
Maintenance Payment Statement from the Contractor pursuant to Clause 19.6 of EPC
Agreement, verify the Contractor’s statement and certify the amount to be paid to the
Contractor in accordance with the provisions of the Agreement.
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the receipt of
the final payment statement of Maintenance in accordance with the provisions of Clause
19.16 of EPC Agreement.
Page 85 of 243
9 Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.
10 Miscellaneous
10.1 All key personnel and sub professional staff of the Authority Engineer shall use the
fingerprint based (biometric) attendance system for marking their daily attendance.
Attendance shall be marked at least once a day and anytime during the day. 1 Biometric
Attendance System shall be installed by the Authority Engineer at its own cost at the site
office in order to facilitate the attendance marking. More systems can be installed near the
project highway up to a maximum of 1 system per 50 km in order to encourage frequent
visits of project highway by key personnel and sub professional staff. A copy of monthly
attendance records shall be attached with Monthly Status Report. Proper justification shall
be provided for cases of absence of key personnel/ sub professional staff which do not have
prior approval from Project Director of concerned stretch
10.2 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results
with comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s
Engineer to the Authority forthwith.
10.3 The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as – built’ Drawings and keep them in its safe custody.
10.4 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall
obtain a complete set of as built Drawings in 2 (two) hard copies and in micro film form or
in such other medium as may be acceptable to the Authority, reflecting the Project Highway
as actually designed, engineered and constructed, including an as-built survey illustrating
the layout of the Project Highway and setback lines, if any, of the buildings and structures
forming part of project Facilities; and shall hand them over to the Authority against receipt
thereof.
10.5 The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall
mediate and assist the Parties in arriving at an amicable settlement of any Dispute between
the Parties.
10.6 The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
Authority’s Engineers shall be expected to fully comply with all the provisions of the `Terms
of Reference’, and shall be fully responsible for supervising the Designs, Construction and
maintenance and operation of the facility takes place in accordance with the provisions of
the EPC Agreement and other schedules. Any failure of the Authority Engineer in notifying
to Employer and the Contractor on non-compliance of the provisions of the EPC
Contract Agreement and other schedules by the EPC Contractor, non-adherence to the
provision of ToR and non-adherence to the time schedule prescribed under ToR shall
amount to non-performance.
Page 86 of 243
The Authority Engineer shall appoint its authorized representative, who shall issue on
behalf of the AE, Completion Certificate along with the Team Leader and shall carry out any
such task as may be decided by Employer. The AE shall take prior approval of Employer
before issuing Completion Certificate. The proposal submitted shall also include the
name of the authorized representative along with the authorization letter and power of
attorney.
12.2 Broad job-description and minimum qualification for key personnel mentioned above is
enclosed as Enclosure–B. However, higher marks shall be accorded to the Candidate with
higher relevant qualification and experience. All the CV’s of the personals mentioned in
Para5.3 (iii) of Data Sheet shall be evaluated at the time of evaluation of technical proposal.
The age of the Key Personnel should not be more than 65 years on the date of
submission of proposal. Consultants are advised in their own interest to frame the
technical proposal in an objective manner as far as possible so that these could be properly
assessed in respect of points to be given as part of evaluation criteria. The bio-data of the
key personnel should be signed on every sheet by the personnel concerned and the last
sheet of each bio-data should also be signed by the authorised signatory for the Consultant.
The key personnel shall also certify at the end of their bio-data proforma that they have not
Page 87 of 243
left any of the Employer works without completing of their assignment and have not
accepted any other offer at the time of signing of the bio-data and as such shall be available
to work with the Authority Engineer, if the Project is awarded. In case the key personnel
leaves the assignment without approval of Employer, Em ployer would beat liberty to
take any appropriate action against that key personnel including debarment. The CV
submitted by selected firm/JV shall be hoisted on official website of Employer.
12.3 In addition to above, consultants are required to propose other key personnel, sub-
professional staff and other field engineers as detailed in Enclosure-A and the minimum
qualification requirements for the same is enclosed in Enclosure–B.
Page 88 of 243
13. PERIOD OF SERVICES
13.1 The services of an Authority’s Engineer will be in phases as per Contract Agreement.
13.1.1 The appointment of the Authority’s Engineer shall initially be as per details given below.
The proposed manpower deployment for this period shall be matching the activities to be
performed during the said period. The time frame for services during the deployment of key
personnel during this period shall be as shown in Enclosure A. Extension of Time for
providing services of the Authority’s Engineer may be extended concurrently with the
Extension of Time granted, if any, to the EPC Contractor for the project, subject to
satisfactory performance of the Authority’s Engineer and limited to original period of
consultancy services.
The Firm shall appoint a personnel from its head office to act as Project Coordinator for the
assignment. He will be authorised to communicate with the Authority in respect of all
matters pertaining to the project. The cost of the Project Coordinator shall be incidental to
the Consultancy Assignment.
Page 89 of 243
Enclosure-A
Note:
1. The other inputs like support staff shall be provided by the Consultant of an acceptable type
commensurate with the roles and responsibilities of each position
2. In case of project having different construction period, Man Month Input shall be adjusted
proportionately
3. The Financial Expert or Legal expert or Contract Specialist may be required for the project for specific
needs. Their deployment shall be arranged by the Consultant on specific requisition from the
Authority and the payment shall be made as per the actual deployment. The Financial Expert or Legal
expert or Contract Specialist shall be paid at the rates quoted for Senior Pavement Specialist.
Page 90 of 243
Enclosure-B
1. Essential Qualifications.
a) Graduate in Civil Engineering from recognized university.
b) Total Professional Experience of at least 12 years in handling Highway Projects.
c) At least 5 years’ experience as Team Leader/Project Manager or similar capacity in
Highway Development Project.
d) He should have handled as Team Leader/Project Manager or similar capacity of at least
two projects in Construction Supervision / IC (of length 40% of project length (34.61
km) or more of similar configuration (2/4/6 laning**)
e) He should have handled as Team Leader or similar capacity of at least two Projects of
project Preparation of major highway Project (of length 40% of project length (34.61
km) or more of similar configuration (2/4/6 laning**).
f) Experience as Team Leader/Project Manager or similar capacity in Operation and
Maintenance of Major Highway Projects (of length 40% of project length (34.61 km) or
more of similar configuration (2/4/6 laning**).
2. Preferential Qualifications.
a) Post Graduate Degree in Construction Management/Transportation/Highway
Engineering//Structural Engineering/ any specialised stream of Civil Engineering.
b) Highway Development Projects (of length 40% of project length (34.61 km) or more of
similar configuration (2/4/6 laning**) taken up under EPC.
c) Degree/Diploma/Certificate in Project Management
Note: (1) Similar Capacity includes the following positions
i. On behalf of Consultant: Team Leader / Resident Engineer (Construction
Supervision/IE/AE).
ii. On behalf of Contractor : Project Manager (Construction/ Construction
Supervision)
Page 91 of 243
iii. In Government Organizations : Superintending Engineer (or equivalent) and
above
(2) Only those projects will be considered for evaluation at Sl. No. 1(d), 1(e) & 1(f) above,
where the input of the personnel is 12 months, 9 months and 12 months respectively.
RESIDENT CUM HIGHWAY ENGINEER
The Resident cum Highway Engineer shall be responsible for supervising the works of highway
to be constructed by the Concessionaire for this project. He shall also inspect the pavement
rehabilitation and repair works to be undertaken by the Concessionaire.
He should have the following qualification / experience.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 12 years in Highway Projects.
c) At least 5 years’ experience in similar capacity in Highway Development Project.
d) Should have handled at least 2 major projects (of length 40% of project length (34.61
km) or more of similar configuration (2/4/6 laning**) and above).
2. Preferential Qualifications.
a) Post Graduate Degree in Transportation/Highway Engineering/Structural
Engineering/Geotechnical Engineering/any specialised stream of Civil Engineering.
b) Experience of Highway Project (of length 40% of project length (34.61 km) or more of
similar configuration (2/4/6 laning**) and above) of Construction / Construction
Supervision / IC of Highway projects
BRIDGE & STRUCTURAL ENGINEER
The Bridge& Structural Engineer shall be responsible for checking the designs of bridges, ROBs,
interchanges and any other structure to be constructed in the Project highway and supervising
the works of bridges, interchanges and any other structure to be constructed by the
Concessionaire for this project. He shall also inspect the bridge rehabilitation and repair works
to be undertaken by the Concessionaire. He should have thorough understanding and
experience with international `best practices’ of modern bridge construction technology.
He should have the following qualification / experience.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 10 years in handling Highway/Bridge projects.
c) At least 5 years’ experience in Construction / Construction Supervision of bridge /
interchange / any other structures.
d) Experience in similar capacity in supervision of at least 2 Major Highway Bridges.
e) Experience in supervision of Rehabilitation and repair of 2 nos Major Bridges.
2. Preferential Qualifications.
Page 92 of 243
a) Post Graduate Degree in Structural Engineering.
b) He should have thorough understanding and experience of modern bridge construction
technology. viz., Precast Segmental, Balanced Cantilever Construction, Extradosed
Bridge, Full Span Launching, Incremental Launching.
SENIOR PAVEMENT SPECIALIST
The expert shall be continuously interacting with the Concessionaire, for the review of highway
designs and drawings using sophisticated computer software and also construction and O&M
works and to ensure life cycle cost effectiveness and viable design of pavement including
appropriate rehabilitation / strengthening of the existing two lane pavement which is
significantly distressed. He shall also be responsible for ensuring complete adherence to
maintenance standards during Construction and Operation period. Thus, the position requires
a pavement specialist with thorough knowledge and understanding of international ‘best
practices’ in the field of Design, Construction and maintenance of flexible/rigid type of
pavements including latest Codal stipulations and specifications.
He should have the following qualification / experience.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 10 years in Pavement Design / Pavement
Construction / Pavement Maintenance of Highways / Roads / Airfield Runways
c) Experience of at least 5 years in similar capacity in Construction / Construction
Supervision of 2/4/6 laning** of major highway projects.
d) Experience as Pavement / Geotechnical Engineer in Construction/Construction
Supervision of at least 2 major highway projects (of length 40% of project length
(34.61km) or more of similar configuration (2/4/6 laning**) and above).
2. Preferential Qualifications.
a) Post Graduate Degree in Highway Engineering / Pavement Engineering /Transportation
Engineering
b) Experience as a Pavement Specialist/Pavement Engineer in Highway project (of length
40% of project length (34.61 km) or more of similar configuration (2/4/6 laning**) and
above).
SENIOR QUALITY/MATERIAL EXPERT
The Quality/Material Expert shall review the test results of bore holes, quarry and borrow area
material to find out their strength characteristics and suitability for using them in construction.
He shall inspect the Concessionaire’s field laboratories to ensure that they are adequately
equipped and capable of performing all the specified testing requirements of the contract. He
shall look into the quality assurance aspect of the construction works and supervise the setting-
up of the various Concessionaire’s rock crushers and bituminous mixing plants to ensure that
the specified requirements for such equipment are fully met. Experience in latest Quality
Management techniques in highway projects shall have added advantage.
He should have the following qualification / experience.
1. Essential Qualifications.
Page 93 of 243
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 10 years in handling Highway projects.
c) Experience of at least 5 years as Senior Quality/ Material Expert or in similar capacity in
Construction / Construction Supervision /major highway projects
d) Experience as Senior Quality/ Material Expert or in similar capacity in handling of at
least 2 similar highway projects.(of length 40% of project length (34.61 km) or more of
similar configuration (2/4/6 laning**) and above)
2. Preferential Qualifications.
1. Essential Qualifications.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 10 years in handling Highway projects.
c) Minimum 5 years’ experience in Road Safety works of Major Highway Projects (4 / 6
laning projects)
d) Experience in similar capacity in Road Safety Audit of at least 2 nos. 2/4/6 lane**
highway / expressway project including 1 nos. at design stage
e) Experience in similar capacity in the field of Road Safety Management Plan.
f) It is mandatory for the Road Safety Expert to have completed at least 15 days’
certification course on Road Safety Audit from IAHE/IITs/NITs/CRRI. The CV of the
proposed key personnel not having completed minimum 15 days certification course
shall not be evaluated. For avoidance of doubt, it is clarified herein that the certification
training course may be either from a single institution or from multiple institutions.
2. Preferential Qualifications
a) Post Graduate Degree in Traffic Transportation/Safety Engineering.
b) Experience in similar capacity in identification and improvement of black spots on Major
Highway Project.
c) Experience in similar capacity in Preparation of Road Safety Management Plan for inter
urban Highways.
Page 94 of 243
SUB PROFESSIONAL
HIGHWAYS DESIGN ENGINEER
The Highway Design Engineer shall be responsible for the review of highways designs and drawings
using sophisticated computer software. His expertise shall include computer aided design methods
for Highway Engineering with particular reference to CAD application to the geometric design for
highway projects.
He should have the following qualification/ experience.
The Bridge Design Engineer shall be responsible for checking the designs of bridges, ROBs,
interchanges and any other structure to be constructed in the Project Highways. He shall also
review the rehabilitation measures to be proposed by the concessionaire for existing structures
based on site condition and structural requirement. His expertise shall include computer aided
design methods for Structural Engineering with particular reference to structural design.
He should have the following qualification/ experience.
SURVEY ENGINEER
The candidate should be Graduate in Civil Engineering Firm may field Survey Engineer with
diploma in Civil Engineering/Survey having at least 5 years’ experience in the field of surveying out
of which at least 3 years should be in highway projects and they should have also dealt with at least
1 project of similar nature. This position requires thorough understanding of modern computer
based method of surveying with total station digital level etc.
Page 95 of 243
ASSISTANT HIGHWAY ENGINEER
The Candidate should be Graduate in Civil Engineering.
CAD EXPERT
He should be Graduate in Civil Engineering/Computer Science having experience in computer
related design method for highway engineering.
ENVIRONMENTAL ENGINEER
The Candidate should be Graduate in Civil Engineering/Environmental Engineering or other
relevant qualification. He should have at least 6 years’ experience out of which 2 years in highway
projects. He should have good knowledge of MOEF guidelines/requirements for mitigation
measures.
ELECTRICAL ENGINEER
The Candidate should be Graduate in Electrical Engineering from recognised institute. He should
have at least 6 years’ experience
QUANTITY SURVEYOR
He should be Graduate or equivalent in Civil Engineering having Min. 5 years of professional
experience in preparation of highway project estimates. He should have Min. 3 years’ experience in
Preparation of Bill of Quantities/estimates for major highway projects costing Rs.100 Crore or
above.
Page 96 of 243
Annexure I- Daily Inspection Report in construction period
Results of lab
Description tests Name of key
of inspection conducted personnel
Component Item Description
work (Test inspecting
carried out conducted, the work
Pass/Fail)
1. Road works
Embankment/ Sub
including
Grade/ GSB/
culverts, and
WMM/ DBM/ BC
minor bridges
2. Major Bridge
Foundation/ Sub
works, Flyovers,
structure/ Super
ROB, RUB, VUP,
structure
PUP
3. Approach to
Foundation/ Sub
ROB/RUB/ Major
structure/ Super
Bridges/ Viaduct
structure
/ RE wall
4. Other Works
Page 97 of 243
Annexure II- Daily Inspection Report in O&M period
Page 98 of 243
Annexure III- Weekly Inspection Report in O&M period
ROADS
Rutting exceeding 10 mm in
more than 2% of road surface
(v)
in a stretch of 1 km (measured
with 3 m straight edge)
(vi) Bleeding/skidding
Ravelling/Stripping of
(vii) bitumen surface exceeding 10
sq m
Desilting of drains in
(vi)
urban/semi-urban areas
(i)
poor visibility or loss of retro-
reflectivity
Obstruction in a minimum
head-room of 5 m above
(i)
carriageway or obstruction in
visibility of road signs
Removal of vegetation
(iv) affecting sight line and road
structures
(f ) Rest areas
Toll
(g) plaza[s]
Damage or deterioration in
Approach Roads, -
[pedestrian facilities, truck
(i) lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical Aid
Posts and other works]
BRIDGES
(i) Cracks
(ii) Spalling/scaling
(i) Deformation
Joints in
(e) bridges
Deforming of pads in
(i)
elastomeric bearings
Damage or deterioration in
(iii)
parapets and handrails
Damage or deterioration in
approach slabs, pitching,
(vi)
apron, toes, floor or guide
bunds
Equipment based road inspection shall be done by the Authority’s Engineer twice a year as per the
month of the year defined in the following table.
However, since the first survey shall be conducted at the time of completion testing, the following
modification to the schedule shall be adopted. For example, if majority of highway length (>50%)
passes through a state, where defined survey months are May and November, if completion testing
is conducted in April, then the first equipment based survey shall be conducted in the month of
April. This shall be considered as the equipment based survey to be conducted in the month of May.
The 2nd equipment based survey shall be conducted in the month of November, the 3rd survey shall
be conducted in the month of May and so on. As regards FWD, the first test/survey shall be
conducted at the time of completion in April. The 2nd test/survey shall be conducted in April of next
year and so on.
[PROJECT NAME]
Authority Engineer
[NAME OF CONSULTING FIRM]
%
% %
Lengt Total Lengt Lengt
Total Total
h Pendi h h
Lengt Lengt
(km) ng (km) (km)
h h
Length
Total 80 Total 80 Total 35
Length Length Length
Total 7 12% Total 27.5 33% Total 0 0%
Workfront Length Length
Unavailable Complet Complet
ed (Till ed
DBM) (Till
DBM)
Pending 0 0% BC 27 32% BC 0 0%
Land
Acq. DBM 27.5 33% DBM 0 0%
Pending 7 12% WMM 29.5 35% WMM 0 0%
Clearances GSB 32.5 39% GSB 0 0%
Encumbran 0 0% Sub- 35 42% Sub- 0 0%
ces Grade Grade
C&G 47.9 57% C&G 0 0%
2 Project Overview
Project Name
NH No. (New/ Old)
Scheme/ Phase
Mode of the Execution (BOT Toll/ BOT
Annuity/ EPC/ HAM/ Item Rate/ Others)
No. of Lanes/ Configuration
Length of the Project (in Km)
Total Project Cost (in Cr)
No. of Bypasses (Name of Town, Length)
No. of Major Bridges (Number and Location)
No. of Toll Plazas (Number and Location)
No. of Fly Overs (Number and Location)
DPR Authority’s EngineerName
Lead & Consortium Members of Banks
Concessionaire Name (SPV & Parent
Company)
Date of Award (LOA Date)
Appointed Date
Concession Period
Construction Period (in Days)
O&M Period (in Days)
Scheduled Date of Completion
Authority Engineer
IE / AE Agreement Date
IE / AE Mobilization Date
Ac
Plan
Descripti tu
Projec ned Curre
on (Days al Delay
t (No. of nt
from Physica Physic
Milesto month Statu
Appointe l Scheduled al Revised
ne s) s
d Date) Progress Date Progress Date
(%) (%)
Milestone [DD/MM/YY [DD/MM/YY Achieve
[Description] 25 25 5
I YY] YY] d
Started
Milesto [DD/MM/YY [DD/MM/YY , not
[Description] 65 22
ne II YY] YY] achiev
ed
Schedule
Not
d [DD/MM/YY [DD/MM/YY
[Description] 100 21 start
Completi YY] YY] ed
on
[Above image is illustrative only. Please include chainage and name below the axis and list of
features above the axis]
Expected
Ongoin Chainage Lengt
Concerne Action(s) date/
g/ New (s) h Action(s)
S.N Issue d suggested Actual Date
Type Issue/ affected affect taken till
o Description Authorit by for
Resolv due to ed now
y the AE resolving
ed the issue (km)
issue
1. Proposal
submitted to
MoEFLetter
Escalate to
Diversion of sent by RO
Ongoin [Chainage higher level [DD/MM/YY
1 Xx ha of Clearance MoEF 4 kms to MoEF
g Issue ] officers at YY]
forest Land nodal officer
MoEF
on
[DD/MM/YY
YY]
1. Escalated
to chief
secretary
21 level
Crcompensat through DO
Land Resolv [CALANa [Chainage [DD/MM/YY
2 ion 2.4 km from
Acquisition ed me] ] YY]
disbursemen Chairman/
t pending Secretary,
dated
[DD/MM/YY
YY]
Project
Slow Director to
progress by Concessiona New [Concess. [Chainage call higher [DD/MM/YY
3 57 km None
concessionai ire Issue Issue Name] ] ups of YY]
re concessiona
ire
4 Physical Progress
Physical
Physical Progress
%
Compon Progress(Duri (Cumulativ
Weightag
ent ng Current e, Upto
e
Month) Current
Month)
Road Works 35.00% 5% 15.0%
Major Bridge works and ROB /
40.00% 1.20% 26.2%
RUB
Structures 21.00% 0.00% 0.8%
Other Works 4.00% 0.00% 0.0%
Physical
2% 42.0%
Progress
5.1 LA Summary
Total
Total in possession Total to be acquired
Description Required
at start (ha) (ha)
(ha)
Existing ROW 135.00 135.00 0.00
Pvt. Land To be Acquired 240.00 0.000 240.00
Public Land To be Transferred 52.00 50.35 1.65
Grand Total 427 185 242
CALA 1
Total Amoun
Amount Amount Pendi
Land 3H 3H 3G 3G 3D 3D 3A 3A t
Deposit Disburs ng
left to Pend Don Pend Don Pendi Don Pendi Don Award
Village ed ed by Amou
be -ing e -ing e ng e ng e ed
(Crore CALA nt (Rs
Acquire (ha) (ha) (ha) (ha) (ha) (ha) (Ha) (ha) (Crore
Rs.) (Rs Cr) Cr)
d (Ha) Rs.)
[Village 1] 150 15 15 15 135 0 150 0 150 396 370 327 43
[Village 2] 67 0 0 0 67 0 67 0 67 132 132 120 23
[Village 3] 23 23 23 23 0 14 9 0 23 0 0 0 0
Grand
240 38 202 38 202 14 226 0 240 528 502 447 66
Total
Revenu
Provided Tehsilda
Patwaris e Clerks Compu
by Amins/ rs/
/ Village Inspect / Accounta ter Peon Chainm Tot
CALA <Agency Survey Dep.
account ors/ Sahaya nts operat s an al
> / State ors Tehsilda
ant Kanung ks ors
Govt rs
o
<Ag e nc y
[CALA 1] 4 1 0 0 3 0 3 1 0 12
>
<Ag e nc y
[CALA 2]
>
Grand Total
Environment
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
Approval of construction in Obtaine Nil Completed
coastal zone d
Forest Land
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
Diversion of Xx ha ([Chainage]) Pendin [Length in Completed Stage 1 clearance
g km] pending
Diversion of Xx Ha. ([Chainage]) Obtaine Nil Ongoing
d
Wildlife
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
Diversion of Xx Ha. of Pending [Length in Ongoing Queries sent to MoEF by
forest land km] RO, compliance pending
TreeCutting
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
N.A. N.A. N.A. N.A. N.A.
Railway (ROBs/RUBs)
Length
Proposal Description Status Current Stage Issues/ Comments
Impacted
[GAD Number] Proposal [Chainage] Uploaded on N.A.
Submitted, portal on
Approval [DD/MM/YYY
pending Y]
Date
Date of when Date of Date of Progr Date of
Lengt request Estimate Approva Deposit ess Certificat Estima
Utility ion from te Issue/
h by was l by of ofPhy
Catego Na Status Depart
Agency
me affecte ment Authority Received Authorit super- sical Amou Comme
ry for nts
d for from y RO/ vision Shiftin nt
concerne HQ charge Completi
estimate g
d dept. on
6 Change of Scope
Date of first
COS
Expected/ Actual Date
S No. Proposal Details submission to Current Status Amount of Approval
AE
Approved in principle by
Construction of [Flyover
Authority. Detailed quantities [+/ -
1 Name] at [DD/MM/YYYY] [DD/MM/YYYY]
in proper order yet to be Amount]
[Chainage]
submitted
Nallah diversion Clarifications to be submitted
[+/ -
2 through box culvert [DD/MM/YYYY] by Concessionaire , expected [DD/MM/YYYY]
Amount]
at[Chainage] date[DD/MM/YYYY]
Excavator/
5
Poclain
Paver 2
Transit
0
Meter
Plate
0
Compactors
[ADD
OTHERS]
Cumulative
Cumulative
outflow from Inflow to Escrow Outflow from
inflow to Escrow
TPC (Cr) Escrow till during the month Escrow during
till previous
previous (Cr) the month(Cr)
month (Cr)
month(Cr)
Are the Escrow withdrawals in accordance with the order of withdrawal as specified in the
Concession Agreement?
Tick as applicable
Escrow
Escrow Plan Escrow Plan Escrow Plan Escrow Escrow Actual
Cumulative
till date- till date- till date- Actual till Actual till till date-
TPC (Cr) exp. till
Debt Equity VGF (BOT) date- Debt date- Equity VGF
date (Cr)
(BOT)(Cr) (BOT) (Cr) (Cr) (BOT) (Cr) (BOT) (Cr) (BOT)
(Cr)
Sub grade
Procter 150
1 m3 0 0 0 0 0 0 0 0 0
test 0
Atterberg 150
1 m3 0 0 0 0 0 0 0 0 0
Limits 0
300
C.B.R 1 m3 0 0 0 0 0 0 0 0 0
0
Atterberg
1 200 m3 151 136 15 5 5 0 151 136 15
Limits
Procter 150
1 m3 0 0 0 0 0 0 0 0 0
test 0
Wet Mix
Macadam
Filter
material
Concrete
Cement
Water
Prime
Coat
Tack coat
Dense
Bitumino
us
Macadam
Bitumino
us
Concrete
Bitumen
test
DLC
Steel
<Quality inspection test results to be reported in a table similar to the table provided in
previous section>
affected due to
Expected Date
affected (km)
suggested by
for resolving
Chainage(s)
Description
Concerned
Authority
Action(s)
Action(s)
the issue
Length
Issue
Issue
issue
SNo
SC
1 Drying up Ongoin Concessionai 325+200 2.6 Irregular Replaceme NA
of plants g re to watering nt of plants
on 327+800 and daily
median watering
Work Work
done done
SNo Description Unit Total upto during Balance Remarks
previous reporting
month month
2 Hard/Earth Shoulders
4 Road furniture
(c ) Bridges
11 Safety features
Details to be provided after assessment of the site requirement vis-à-vis provisions in the
Concession Agreement:
Suggested Remedial Financial implications of
Location of Measures within Additional Remedial additional Remedial
Black Spots provisions of Measures (if any) Measures for
Concession Agreement Authority(Cr.)
Date
1 1/1/17
Chainage no
RHS
Time of accident
pm
11.2 Accident Report
382/050 05:25
M Sex (M/F)
A
2
Accident location
B
Nature of
accident
C
Classification of
accident
D
Causes
E
Load conditions
of vehicle
F
Road condition
Intersection type
of control
H
Weather
condition
I
Age of victim
J
Type of victim
K
Type of vehicle
-
Fatal
1
Major
No of
persons
affected
Minor
Help provided by
Ambu
Mapping of report fields to responses
A 1. Urban 2. Rural
1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn
B Collision 6. Left turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9.
Unknown/Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5.
D
Mechanical Problem 6. Drowsiness/Not Applicable 7. Fault of Driver
E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown
F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip
1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with
G
more than 6. Round about
1. Fine/Clear [Link]/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust
H
Storm 8. Cold 9. Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others
1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7.
K
Tractor 8. Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart
Physical
Component
Item
A- Widening and strengthening of existing road
(1) Earthwork up to top of the sub-grade
(2) Granular work (sub- base, base, shoulders)
(a) GSB
(b) WMM
(3) Shoulders
(4) Bituminous work
(a) DBM
(b) BC
(5) Rigid Pavement
Concrete work
(6) Widening and repair of culverts
(7) Widening and repair of minor bridges
B- New realignment/bypass
(1) Earthwork up to top of the sub-grade
Road works (2) Granular work (sub- base, base, shoulders)
including culverts, (a) GSB
minor bridges, (b) WMM
underpasses, (3) Shoulders
overpasses, (4) Bituminous work
approaches to (a) DBM
ROB/RUB/ Major (b) BC
Bridges/ (5) Rigid Pavement
Structures (but Concrete work
excluding service C-New culverts, minor bridges, underpasses, overpasses on existing
roads) road, realignments, bypasses:
(1) Culverts
(2) Minor bridges
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(3) Cattle/Pedestrian underpasses
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(4) Pedestrian overpasses
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(5) Grade separated structures
(a) Underpasses
(i) Foundation
* The above list is illustrative and may require modification as per the actual scope of
the work
IE / AE should include comments, status update, data points and reports in following
annexures which have not been included elsewhere in the main report. Such reports may
include but not limited to:
Review status of drawings/ design reports
Review status of other documents
Minutes of review meeting
Detailed Inspection report of project highway
Correspondence details
Weather report
Organizational chart of Concessionaire / Contractor and IE / AE
List of lab equipment
Details of user complaints
Project photographs
Authority Engineer
[NAME OF CONSULTING FIRM]
9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled) 149
1 Executive Summary
Overlay on the entire stretch of project length of 252 km and service roads has not been
taken up by Concessionaire yet since the date of completion of overlay is due in next 25
days
Page 138 of 243
Over all progress is very slow regarding repair of potholes and rutting on Main
Carriageway which is causing inconvenience to highway users and is also a concern from
road safety point of view.
Street lighting in
Anantapur bypass completed on main carriageway and is energized but for
service roads street lighting is pending on both sides
Kurnool bypass erection of poles only completed in main carriageway not yet
energized till to date, but for service roads not started
In spite of the repeated requests, there is no material change in status of works pertaining
to repairs/ rectifications of defects on the project highway. AE has recommended the
damages of Rs 5.9 Cr on the Concessionaire on account of delay in repairs of defects in
road and bridge works in terms of the provision of Clause 15.8.1 of the Concession
Agreement. Concessionaire shall be liable for imposition of further damages on similar
lines till the date of completion
Concessionaire is requested to take at most care for completing the overlay before
31.03.2017 since the existing road condition is getting deteriorated day by day causing
much inconvenience to the traffic
Main report
2 Project Overview
Project Name
NH no (New/Old)
Mode of the Project
No. of Lanes
Length of the Project
Total Project Cost
Concessionaire/ Contractor
Date of Award (LOA date)
Appointed Date
Commercial Operation Date (COD)
Concession Period
O&M Period
Authority Engineer
AE Agreement Date
AE Mobilization Date
AE Scheduled Completion Date
AE EOT (Extension Of Time)
20 m
18 m
16 m 16 16 16 16 16 16 16
14 m
12 m
10 m
8m 8.2 8.2 8.2 8.2 8.2
6m
4m 4.7 4.7 4.7 4.7 4.7
2m 1.8 1.8
Chainage
2m
RHS- Width of RoW available
4m
6m 6.2 6.2 6.2 6.2 6.2 6.2
8m
10 m 10 10
12 m
14 m
16 m
18 m 17.5 17.5 17.5 17.5 17.5 17.5 17.5 17.5
20 m
>20 m 25 25 25
affected due to
Expected Date
affected (km)
suggested by
for resolving
Chainage(s)
Description
Concerned
Authority
Action(s)
Action(s)
the issue
Length
Issue
Issue
issue
SNo
SC
Drying Replaceme
up of Concession 325+200 to Irregular nt of plants
1 Ongoing 2.6 NA
plants on aire 327+800 watering and daily
median watering
Large Concession 387+300 Filling of <DD/M
2 New 0.1 None
potholes aire LHS potholes M>
Work Work
done done
SNo Description Unit Total upto during Balance Remarks
previous reporting
month month
1 Carriageway and paved shoulders
(a) Pot Holes Sqm 42 - - 42
(b) Roughness value mm
exceeding 2,500mm
(c ) Cracking in more than Sqm 7179 - - 7179
5% of road surface
(d) Rutting exceeding Sqm 5 - - 5
10mm in more than 2%
of road surface
(e) Bleeding/Skiding Sqm
(f) Ravelling Sqm
(g) Damage to pavement m
edges exceeding 10cm
2 Hard/Earth Shoulders
(a) Rain cuts/ gullies in Cum 650 25 - 625
slope
Page 145 of 243
Work Work
done done
SNo Description Unit Total upto during Balance Remarks
previous reporting
month month
(b) Edge drop at shoulders m
exceeding 40 mm
3 Drains and culverts
(a) Cleaning of Culvert Nos 1 - - 1
(b) Damage to or silting of
culverts
(c) Silting of drains in
urban/ semi urban
areas
4 Road furniture
(a) Sign Boards Nos 456 - - 456
(b) Kilometer Stones
(c ) Metal Beam Crash
Barrier
(d) Bus Shelters Nos 72 4 - 68
(e) Junction signs Nos 26 8 - 18
(f) Median Grills Rmt 894 - - 894
(g) Studs Nos 5328 - - 5328
(h) Delinators Nos 8236 - - 8236
(i) Road Marking Sqm 1899 - - 1899
(j) Kerb Painting Sqm 4575 - - 4575
(k) Guard Posts Nos 3657 - - 3657
5 Street lighting and telecom (ATMS)
(a) Street lights Nos
(b) Telecom Nos
6 Trees and plantation
(a) Removal of vegetation Ha 77.42 - 3.57 73.85
affecting sight line and
road structures
(b) Replacement of trees Nos 15072 - - 15072
and bushes
7 Buildings and bridges
(a) Rest areas
(b) Toll plazas
(c ) Bridges
Page 146 of 243
3.3 Obligations as per contract
4 Inspection Report
Total NCR
NCR issued in NCR closed in
Highway issued till Balance NCR
SNo reporting month reporting month
asset previous month (A+B-C)
(B) (C)
(A)
1 Pavement 48 12 25 35
2 Shoulder 7 0 3 4
3 Drainage
4 Median
5 Road furniture
6 Bridges
7 Buildings
8 Horticulture
9 [Other assets]
Total
SubGrade E3
(Internation
Granular E2
depth (mm)
depth (mm)
Cracks (cm)
Bituminous
Roughness
Resistance
Chainage
Chainage
Bleeding
Potholes
Raveling
Modulus
Modulus
Modulus
number
Starting
Texture
Rutting
Ending
Elastic
Elastic
Elastic
Index)
(mm)
Lane
(cm)
(cm)
(cm)
Skid
IRI
E1
al
1.000 1.500 L1
Report of equipment based inspection needs be provided as an Annexure to monthly report as per
the defined frequency. Following documents/media to be submitted for equipment based
inspection.
Video footage of all cameras installed on Network Survey Vehicle- ROW cameras and
pavement camera
Network Survey Vehicle report capturing dimensions of following key metrics of
pavement
Cracks
For Corresponding
TYPE OF
month of previous For Previous Month For Current Month
VEHICLE
year
Fee
No of No of No of
Fee Fee per Fee
vehicle vehicle vehicle
Collected Collected vehicl Collected
s s s
e
Tota
A Car 3845 384500 4659 465,900.00 100 4289 428,900.00
l
Tota
B LCV 1521 243360 1312 209,920.00 160 1399 223,840.00
l
C Bus Total 2404 793386 2284 765,207.00 201 2349 786,915.00
Truc
D Total 1603 528924 1523 510,138.00 134 1566 524,610.00
k
3 5,521,355.0
E Total 18990 6836400 16310 5,953,150.00 365 15127
Axle 0
11,188,830.0 9,958,700.0
F MAV Total 16119 8381880 21111 530 18790
0 0
Over
G Total 1 630 27 17,280.00 640 36 23,040.00
Size
Total for 18,050,61
49844 52963 19,898,834 49016 18,265,661
the Month 8
Average Average
Average Average Average Average
queue queue Average
transaction transaction transaction transction
Lane length length Transaction
time time time time
during during non time (cash)
(RFID) (cards) (wallet) (others)
peak time peak time
UPI – 20
Lane 1 10 vehicles 5 vehicles 15 seconds 10 seconds 20 seconds 25 seconds
seconds
Lane 2
Lane 3
Damages as
Damages at
higher side
inspection
No of days
No of days
Nature of
as per CA
Damages
Damages
damages
Quantity
amount
Date of
per CA
defect
Total
from
Rate
S No
Unit
Total 6,02,64,000
9 Reports
9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled)
For Corresponding
TYPE OF
month of previous For Previous Month For Current Month
VEHICLE
year
Fee
No of No of No of
Fee Fee per Fee
vehicle vehicle vehicle
Collected Collected vehicl Collected
s s s
e
Single 3845 384500 4659 465,900.00 100 4289 428,900.00
Retur
A Car 1506 218370 1972 295,800.00 150 1758 263,700.00
n
Local 769 38450 979 48,950.00 50 1029 51,450.00
Single 1521 243360 1312 209,920.00 160 1399 223,840.00
Retur
B LCV 134 31490 162 38,880.00 240 132 31,680.00
n
Local 1683 134640 1838 147,040.00 80 1461 116,880.00
Single 2404 793386 2284 765,207.00 201 2349 786,915.00
C Bus Return 359 177903 173 87,567.00 303 203 102,717.00
Local 277 45738 205 34,782.00 102 318 54,060.00
Single 1603 528924 1523 510,138.00 134 1566 524,610.00
Truc
D Return 240 118602 116 58,378.00 202 136 68,478.00
k
Local 185 30492 136 23,188.00 68 212 36,040.00
5,521,355.0
Single 18990 6836400 16310 5,953,150.00 365 15127
0
3
E
Axle Return 131 70740 34 18,700.00 550 37 20,350.00
Local 69 12420 84 15,540.00 185 131 24,235.00
11,188,830.0 9,958,700.0
Single 16119 8381880 21111 530 18790
0 0
F MAV
Return 2 1550 20 15,800.00 790 35 27,650.00
Local 6 1560 18 4,770.00 265 8 2,120.00
Single 1 630 27 17,280.00 640 36 23,040.00
Over
G Return 0 0 - 965 -
Size
Local 0 0 - 320 -
Total for the 18,050,61
49844 52963 19,898,834 49016 18,265,661
Month 8
Date
1 1/1/17
Chainage no
RHS
9.2 Accident Report
Time of accident
pm
382/050 05:25
M
Sex (M/F)
A
2
Accident location
B
2
Nature of accident
C
3
Classification of
accident
D
4 Causes
E
1
Load conditions of
vehicle
F
Road condition
Intersection type of
control
H
Weather condition
I
Age of victim
J
Type of victim
K
Type of vehicle
-
Fatal
1
Major
No of
illustrative. Please add actual details.
persons
affected
All figures and graphs in templates are
Minor
Help provided by
Ambu
Mapping of report fields to responses
A 1. Urban 2. Rural
B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn
Collision 6. Left turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9.
Unknown/Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7.
Tractor 8. Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart
Contact
Compliance by
Toll Complaint Name of the details Details of
SNo Date the
plaza No person of complaint
concessionaire
person
Mr.
Shailendra
Mr. Shailendra
Gurjar, LIG-
Complaints
44,RSS
regarding Pot Pot holes are
1 81 8/9/2016 mohalla,
holes on the repaired
Shivaji
Highway may
Nagar,
cause accidents.
Bhopal
(M.P.)
Dr. Diwakar
complaints that Animals are
Dr. Anil
presence of continuously
Diwakar,
Animals and driven out from
HIG
also Pot holes the Road by the
2 82 10/9/2016 Swarganga
on road are Highway
Complex
obstructing the Patrolling team
Bus Stand
driving which and Pot holes
Seoni (M.P.)
may cause are repaired.
accidents.
The Exemption
under Indian
Toll (Army and
Air force) Act
1901, to army
Maj. Sidharth
personnel
while travelling
Maj. travelling in
in personal car
Sidharth, private vehicle
wants
3 83 11/9/2016 238 Fd may be given if
Exemption from
wksp C/o- on Govt. duty
Toll Fee on
56 APO with requisite
production of
pass as
I.D. Card
specified in the
Indian Toll
(Army and Air
Force Rules,
1942)
Establishment (New/
Name of Encroacher
Encroachment type
(Temporary/
Temple, etc)
Permanent)
existing)
District/
Village
length
Tehsil
SNo
(m)
212+5 Kurnoo Tempora Tea Vijay Kumar
1 LHS Kurnool New 7 5mX3.5m
00 l ry stall Reddy
213+2 Kurnoo Dinnedevara Permane Godo Existin 10.5m X
2 RHS 5 Buddana
00 l Padu nt wn g 4m
[Link] Date Chainage (Km) Side Time of Closure Reasons for Lane Remarks
Closure &
From To Approval Details
9/9/20 215+3 215+35
1 RHS 1pm-4pm Patch work
16 00 0
Assets to be covered- Pavement, Shoulder, Drainage, Median, Bridges, Road furniture, Buildings,
Horticulture, Service Road
Date of Description
SNo NCP/ SNo Chainage Side AE Remarks
issue of defect
To be
1 311 15.08.2016 Potholes 311+200 LHS
repaired
To be filled
2 312 15.08.2016 Cracking 311+500 RHS
immediately
3
4
Annexure 2 onwards:
AE should include comments, status update, data points and reports in following
annexures which have not been included elsewhere in the main report. Such reports may
include but not limited to:
Minutes of review meeting
Correspondence details
Weather report
Organizational chart of Concessionaire and AE
Project photographs
[PROJECT NAME]
Authority Engineer
[NAME OF CONSULTING FIRM]
In addition to the reports being submitted on equipment based inspection as specified in Section
4.2 of the Monthly Progress Report in the O&M phase, the Authority Engineer (AE) shall submit
electronically in excel (.xls) format certain key parameters to the Project Director in the following
format.
Worksheets under Section 1 (‘Road inventory data’) shall be updated from surveys conducted only
once at the time of completion testing. Worksheets under Section 2 (‘Road condition data’) shall be
updated from surveys carried out annually for FWD attributes and biannually for the remaining
attributes.
The fields to be updated in each of the worksheets are described below. Each description is followed
by an example of data for a sample project.
Road inventory data consists of parameters which provide basic information about roads such as
pavement type, number of lanes, topography, etc. These parameters are largely static in nature, and
therefore a survey to update this dataset shall be conducted only once at the time of completion
testing. The road inventory data shall be used to update specific worksheets listed below.
The following table lists the fields which need to be populated for the ‘LRP Master’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Road Type’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Pavement Type’ attribute.
The descriptions of the fields are given below.
Date
Start End
NHNumbe Sectio Directio Pavemen of Latitud Longitud
Chainag Chainag
r n n t Type Surve e e
e e
y
ABC- 06-05-
NH00xx 0.000 0.804 Both Asphalt 9.98897 78.02671
DEF 17
ABC- 06-05-
NH00xx 0.804 1.000 Both Asphalt 9.98444 78.02934
DEF 17
ABC- 06-05-
NH00xx 1.000 1.172 Both Asphalt 9.98341 78.03004
DEF 17
ABC- 06-05-
NH00xx 1.172 2.821 Both Asphalt 9.98107 78.03078
DEF 17
ABC- 06-05-
NH00xx 2.821 4.350 Both Asphalt 9.96328 78.04160
DEF 17
ABC- 06-05-
NH00xx 4.350 6.710 Both Asphalt 9.95385 78.05255
DEF 17
ABC- 06-05-
NH00xx 6.710 12.925 Both Asphalt 9.93102 78.05648
DEF 17
The following table lists the fields which need to be populated for the ‘Pavement Width’ attribute.
The descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Shoulder Type’ attribute.
The descriptions of the fields are given below.
The following table lists the fields for the ‘Shoulder Width’ attribute, which need to be populated.
The descriptions of the fields are given below.
Shoulder
Section Start End Shoulder Survey
NH Number Direction Width Latitude Longitude
Code Chainage Chainage Width Date
Value
ABC- No 03-01-
NH0xxx 0.000 0.785 Increasing 0.0 9.98897 78.02671
DEF Shoulder 16
ABC- No 03-01-
NH0xxx 0.785 2.612 Increasing 0.0 9.98444 78.02934
DEF Shoulder 16
ABC- 03-01-
NH0xxx 2.612 3.170 Increasing 1-2m 2.0 9.98341 78.03004
DEF 16
ABC- 03-01-
NH0xxx 3.170 5.194 Increasing 1-2m 2.0 9.98107 78.03078
DEF 16
ABC- 03-01-
NH0xxx 5.194 6.793 Increasing 1-2m 2.0 9.96328 78.04160
DEF 16
ABC- 03-01-
NH0xxx 6.793 11.404 Increasing 1-2m 2.0 9.95385 78.05255
DEF 16
1.8 Topography
The following table lists the fields which need to be populated for the ‘Topography’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Cross Section’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Drain Type’ attribute. The
descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Median Opening’ attribute.
The descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Right of Way’ attribute. The
descriptions of the fields are given below.
Remarks
Survey Date Date of survey in the format <DD-MM-YY> 06-05-17
The following table lists the fields which need to be populated for the ‘Pavement composition’
attribute. The descriptions of the fields are given below.
Bitumin Bitumin
Bitumino BSC Bitumin
Sec- Star End ous ous BBC Granu Granul
Pavem us Constr ous
NH tion t Chai Direc- Surface Base Constr lar ar Base
ent Surface uc- Base
No. Cod Chai nag tion Course Course uc-tion Base Thickn
Type Course tion Course
e nage e Thicknes Thickne Year Type ess
Type Year Type
s ss
ABC
NH00 Both
- 0.0 5.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
xx side
DEF
ABC
NH00 Both
- 5.0 11.0 Asphalt BC 40.0 2015 DBM 80 2015 WMM 250
xx side
DEF
ABC
NH00 Both
- 11.0 20.0 Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250
xx side
DEF
ABC
NH00 Both
- 20.0 22.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
xx side
DEF
ABC
NH00 Both
- 22.0 30.0 Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250
xx side
DEF
ABC
NH00 Both
- 30.0 31.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
xx side
DEF
(table continued…)
Paveme Dry
Paveme
GB nt PQC Lean Dry DLC Granula Granular GSB
nt
Constr Quality Constr Concret Lean Constr r SubBase Constru Desig Survey Latit Longit
Quality
uction Concrete uction e Concret uction SubBas Thicknes ction n CBR Date ude ude
Concret
Year Thickne Year Thickne e Type Year e Type s Year
e Type
ss ss
05-05-
2015 NA NA NA NA NA NA GSB 300 2015 5% 9.99 78.03
15
05-05-
2015 NA NA NA NA NA NA GSB 300 2015 5% 9.98 78.03
15
05-05-
2015 NA NA NA NA NA NA GSB 300 2015 5% 9.98 78.03
15
05-05-
2015 NA NA NA NA NA NA GSB 300 2015 5% 9.98 78.03
15
05-05-
2015 NA NA NA NA NA NA GSB 300 2015 5% 9.96 78.04
15
05-05-
2015 NA NA NA NA NA NA GSB 300 2015 5% 9.95 78.05
15
The following table lists the fields which need to be populated for the ‘Carriageway Furniture’
attribute. The descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Wayside Amenities’
attribute. The descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Land Use’ attribute. The
descriptions of the fields are given below.
Road condition data consists of parameters which directly affect maintenance requirements of the
road. These parameters are dynamic in nature, and therefore a survey to update this dataset shall
be conducted annually for FWD testing and every six months as per Annexure IV for network survey
vehicle testing. The first survey shall be conducted at the time of completion testing and the
remaining surveys shall be conducted as per the defined frequency.
As an example, if majority of highway length (>50%) passes through a state, where defined survey
months are May and November, if completion testing is conducted in April, then the first network
survey shall be conducted in the month of April. This shall be considered as the network survey to
be conducted in the month of May. The 2nd survey shall be conducted in the month of November,
the 3rd survey shall be conducted in the month of May and so on. As regards FWD, the first
test/survey shall be conducted at the time of completion in April. The 2nd test/survey shall be
conducted in April of next year and so on.
The road condition data shall be used to update specific worksheets, which are listed below.
The following table lists the fields which need to be populated for the ‘Visual Condition’ attribute.
The descriptions of the fields are given below.
2.2 Roughness
The following table lists the fields which need to be populated for the ‘Roughness’ attribute. The
descriptions of the fields are given below.
2.3 Rutting
The following table lists the fields which need to be populated for the ‘Rutting’ attribute. The
descriptions of the fields are given below.
Field Description Example
NH Number New National Highway number NH0065
Code indicating starting and ending locations of HYD-VIJ (Hyderabad-
Section Code
section Vijayawada)
Start Chainage Chainage of the start point (in km) 0.500
End Chainage Chainage of the end point (in km) 1.500
Direction of survey Increasing
Direction Increasing (chainage)
Decreasing (chainage)
Number of the lane: L1, L2, R1, R2, etc., L1 being L1
1st lane on the left from centreline of
Lane Number
carriageway, L2 being 2nd lane on the left from
centerline and so on
Rutting Left Rut depth in mm, measured from left wheel path 20
Rutting Right Rut depth in mm, measured from left wheel path 18
Rutting Avg Average rut depth measured from left and right 19
wheel paths
Speed Speed of vehicle in km/h 42
Survey Date Date of survey in the format <DD-MM-YYYY> 06-05-17
Latitude Latitude of survey point 9.98897
Longitude Longitude of survey point 78.02671
The following table lists the fields which need to be populated for the ‘Texture Depth’ attribute.
The descriptions of the fields are given below.
Textur
NH Sectio Start End Lane Surve
Directio Textur Textur e Spee Latitud Longitud
Numbe n Chainag Chainag Numbe y
n e Left e Right Averag d e e
r Code e e r Date
e
NH00x ABC- Increasin 06- 9.9889
0.0 0.5 L1 0.40 0.30 0.35 20 78.02671
x DEF g 05-17 7
The following table lists the fields which need to be populated for the ‘Skid Resistance’ attribute.
The descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘FWD’ attribute. The
descriptions of the fields are given below.
Pea
NH Sectio Lane Air Surface
Chaina Directi k Deflectio Deflectio Locati Deflectio
Numb n Numb Temperat Temperat
ge on Loa n0 n1 on 1 n2
er Code er ure ure
d
NH00x ABC-
0.500 RHS R2 32.6 43.7 45.7 333 188 300 243
x DEF
NH00x ABC-
1.000 LHS L1 29.9 32.6 45.4 317 163 300 217
x DEF
NH00x ABC-
1.499 RHS R1 33.0 39.3 45.7 246 110 300 153
x DEF
NH00x ABC-
2.000 LHS L2 28.7 32.4 46.0 293 130 300 187
x DEF
NH00x ABC-
2.500 RHS R2 33.7 45.8 45.3 429 232 300 316
x DEF
NH00x ABC-
3.000 LHS L1 29.0 33.0 45.7 343 204 300 252
x DEF
NH00x ABC-
3.500 RHS R1 33.5 45.4 44.5 373 194 300 268
x DEF
NH00x ABC-
4.010 LHS L2 28.9 33.5 45.0 348 201 300 254
x DEF
NH00x ABC-
4.500 RHS R2 33.3 40.3 46.0 393 241 300 301
x DEF
(table continued…)
Locati Deflectio Locati Deflectio Locati Deflectio Locati Deflectio Locati Deflectio Locati Deflectio
on 2 n3 on 3 n4 on 4 n5 on 5 n6 on 6 n7 on 7 n8
The following table lists the fields which need to be populated for the ‘FWD Rigid’ attribute. The
descriptions of the fields are given below.
Lane Number Number of the lane: L1, L2, R1, R2, etc. L2
Pea Concrete
Secti Chai Lan Air Surface
NH Directi k Deflecti Deflecti Deflecti Deflecti Slab
on n- e Temperat Temperat
No on Loa on 1 on 2 on 3 on 4 Thicknes
Code -age No. ure ure
d sh
NH00 ABC- 104.
0.0 LHS L2 29.0 34.9 167 143 130 119 300
xx DEF 1
NH00 ABC- 104.
0.5 RHS R2 30.5 38.1 141 130 122 115 300
xx DEF 4
NH00 ABC- 105.
1.0 LHS L1 30.0 35.6 147 111 100 91 300
xx DEF 2
NH00 ABC- 102.
1.5 RHS R1 28.9 38.3 140 126 116 107 300
xx DEF 4
NH00 ABC- 103.
2.0 LHS L2 30.1 39.4 140 121 108 101 300
xx DEF 7
NH00 ABC- 104.
2.5 RHS R2 29.0 37.5 150 134 126 117 300
xx DEF 6
NH00 ABC- 102.
3.0 LHS L1 30.6 38.9 124 109 104 92 300
xx DEF 7
NH00 ABC- 105.
3.5 RHS R1 29.3 39.1 149 136 128 119 300
xx DEF 9
Note: This draft Agreement is a generic document and shall be modified based on particularof
the Project.
Between
(Name of Client)
And
(Name of Consultant)
Dated:
Page No.
2.7.1 Definition…………………………………………..
2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension…………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client ………………………………
2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….
3. Obligations of the Consultants ……………………
3.1 General
3.1.1 Standard of Performance…………..
3.1.2 Law Governing Services …………..
V ANNEXURES..…………………………………………
This CONTRACT (hereinafter called the “Contract”) is made the______ day of the Month of __________,
201__, between, on the one hand __________________________(hereinafter Called the “Client) and, on the
other hand __________________ hereinafter called the “Consultants”)
[Note*: If the Consultants consist of more than one entity, the above should be partially amended to
read as follows:
“…(hereinafter called the “Client”)and, on the other hand, a joint venture consisting of the following
entities, each of which will be jointly severally liable to the Client for all the Consultants’ obligations
under this Contract, namely, ______________________________________________________________________________
and _________________________________________________________________(hereinafter called“ Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as defined
in the General Conditions of Contract attached to this Contract (hereinafter called
the “Services”);
(b) the Consultants, having represented to the Client that they have the required
processional skills ,and personnel and technical resources ,have agreed to provide the
Services on the terms and conditions set forth in this Contract;
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’
(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below
next to the title of the Appendix on the sheet attached hereto carrying the title of that Appendix].
2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the provisions of
the Contract; and
(b) The Client shall make payments to the Consultants in accordance with the
Provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
By
(Authorized Representative)
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner]
1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:
1.1 Definitions
(a) “ApplicableLaw”meansthelawsandanyotherinstrumentshavingtheforceof law in
the Government’s country [or in such other country as may be specified in the
Special Conditions of Contract (SC)], as they may be issued and in force from time to
time.
(b) “Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in Clause
1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the
Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the “Authority
Engineer (AE)” and includes sub-consultants or Associates engaged by the primary
consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity,
means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means
both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants and
or Associates as Employees and assigned to the performance of the Services
Or any part thereof; “Foreign Personnel” means such persons who at the time of
being so hired had their domicile outside the Government’s Country, “Local
Personnel” means such persons who at the time of being so hired had their domicile
inside the Government’s Country; and ‘key personnel’ means the personnel referred
to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to his
contract, as described in Appendix A hereto. The scope of work will be strictly as
given in various Clauses in TOR. The approach and methodology to be adopted by
the Consultant for carrying out the assignment as Authority Engineer may be
modified depending on the site requirements and work programme of the EPC
Nothing contained herein shall be construed as establishing a relation of master and servant
or of principal and agent as between the Client and the Consultants. The Consultants, subject
to this Contract, have complete charge of Personnel and Sub-consultants, if any, performing
the Services and shall be fully responsible for the Services performed by them or on their
behalf hereunder.
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have
been given or made when delivered in person to an authorized representative of the Party
to whom the communication is addressed, or when sent by registered mail, telegram or
facsimile to such Party at the address specified in the SC.
1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of such
change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A hereto and,
where the location of a particular task is not so specified, at such locations whether in
Government's Country or elsewhere, as the Client may approve.
In case the Consultants consist of a joint venture of more than one entity, the Members
hereby authorize the entity specified in the SC to act on their behalf in exercising all the
Consultants' rights and obligations towards the Client under this Contract, including
without limitation the receiving of instructions and payments from the Client.
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 may be taken or executed
by the officials specified in the SC.
Unless otherwise specified in the SC, the Consultants, Sub-consultants and Personnel shall
pay such taxes, duties, fees and other impositions as may be levied under the Applicable
Law. Goods &Service tax as applicable shall be paid to the Authority’s Engineer while
making payment for services rendered. The consultants shall then deposit the same with
the tax authorities and provide a proof of having done so within next 90 days in line with
policy circulars issued by Employer.
This Contract shall come into force and effect on the date (the" Effective Date") of the
Client's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC
have been met.
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not less
than four (4) weeks' written notice to the other Party, declare this Contract to be null and
void, and in the event of such a declaration by either Party, neither Party shall have any
claim against the other Party with respect hereto.
The Consultants shall begin carrying out the Services at the end of such time period after
the Effective Date as shall be specified in the SC.
Unless terminated earlier pursuant to Clause GC2.9 hereof, this Contract shall expire when
services have been completed and all payments have been made at the end of such time
period after the Effective Date as shall be specified in the SC.
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority to make, and the Parties shall not be
bound by or be liable for, any statement, representation, promise or agreement not set forth
herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of the
scope of the Services, may only be made by written agreement between the Parties as the
case may be, has been obtained. Pursuant to Clause GC 7.2 hereof, however, each Party shall
give due consideration to any proposals for modification made by the other Party.
2.7.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes, but is
not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood
or other adverse weather conditions, strikes, lockouts or other industrial action (
except where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any other
action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligenceorintentionalactionofapartyorsuchParty'sSub-consultantsor agents or
employees, nor (ii) any event which a diligent Party could reasonably have
been expected to both(A) take in to account at the time of the conclusion of this
Contract and(B) avoid or overcome in the carrying out of its obligations
hereunder .
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be
a breach of, or default under, this Contract insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care "and reasonable alternative measures, all with the objective of
carrying out the terms and conditions of this Contract.
(a) A Party affected by an event of Force Majeure shall take all reasonable measures to
remove such Party’s inability to fulfil its obligations hereunder with a minimum of
delay.
(c) The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.
Any period within which a Party shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to the time during which such Party was unable
to perform such action as a result of Force Majeure.
Extension of Time for providing services of the Authority’s Engineer shall be extended
concurrently with the Extension of Time granted, if any, to the EPC Contractor for the
project, subject to satisfactory performance of the Authority’s Engineer and limited to
original period of consultancy services.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably
and necessarily incurred by them during such period for the purposes of the Services and
in reactivating the Services after the end of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the Parties shall
consult with each other with a view to agreeing on appropriate measures to be taken in the
circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the Consultants, suspend all payments to
the Consultants hereunder if the Consultants fail to perform any of their obligations under
this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants
to remedy such failure within a period not exceeding thirty (30) days after receipt by the
Consultants of such notice of suspension.
2.9 Termination
The Client may, by not less than thirty (30)days' written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be a
written notice of not less than sixty (60) days), such notice to be given after the occurrence
of any of the events specified in paragraphs(a)through(h)of this Clause GC 2.9.1, terminate
(a) if the Consultants fail to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8 herein
above, within thirty (30) days of receipt of such notice of suspension or within such
further period as the Client may have subsequently approved in writing;
(b) If the Consultants become (or, if the Consultants consist of more than one entity, if
any of their Members becomes) in solvent or bankrupt or enter into any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary;
(c) If the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(d) If the Consultants submit to the Client a statement which has a material effect on the
rights, obligations or interests of the Client and which the Consultants know to be
false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. For the purpose of this
clause:
(h) if EPC Contractor represents to Employer that the Consultant is not discharging his
duties in a fair, efficient and diligent manner and if the dispute remains unresolved,
Employer may terminate this contract.
The Consultants may, 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 in paragraphs (a)
through (d) of this Clause GC2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract
and not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days
after receiving written notice from the Consultants that such payment is overdue;
Page 203 of 243
(b) if the Client is in material breach of its obligations pursuant to this Contract and has
not remedied the same within forty-five (45) days (or such longer period as the
Consultants may have subsequently approved in writing) following the receipt by
the Client of the Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GC 8 hereof.
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GC2.4 hereof, all rights and obligations of the
Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of termination or
expiration;
(iii) the Consultants' obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) any right which a Party may have under the Applicable Law
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
GC2.9.1 or GC2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided, respectively,
by Clauses GC 3.9 or GC 3.10 hereof.
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client
shall make the following payments to the Consultants (after offsetting against these
payments any amount that may be due from the Consultant to the Client}:
(c) except in the case of termination pursuant to paragraphs (a) through(d) of Clause
GC2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of there turn travel of the
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause
GC 2.9.1or in Clause GC2.9.2 hereof has occurred, such Party may, within forty-five (45) days
after receipt of notice of termination from the other Party, refer the matter to arbitration
pursuant to Clause GC8 hereof, and this Contract shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.
3.1 General
The Consultants shall perform the Services and carry out their obligations hereunder with
all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe and effective equipment, machinery,
materials and methods "The Consultants shall always" act, in respect of any matter relating
to this Contract or to the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Client's legitimate interests in any dealings with Sub-consultants
or Third Parties.
The Consultants shall perform the Services in accordance with the Applicable Law and shall
take all practicable steps to ensure that any Sub- consultants and or Associates, as well as
the Personnel of the Consultants and any Sub-consultants and or Associates, comply with
the Applicable Law. The Client shall advise the Consultants in writing of relevant local
customs and the Consultants shall, after such notifications, respect such customs.
3.1.3 Penal actions in case of lapses of Authority’s Engineer and concerned key personnel
on their part/deficiencies in services provided
In case of lapses on their part/deficiencies in services provided under this contract, the
penal actions against Authority’s Engineer and concerned key personnel, shall be taken in
accordance with the provisions as stipulated under ‘Appendix-N’
The Remuneration of the Consultants pursuant to Clause GC6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and, subject
to ClauseGC3.2.2 hereof, the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this
Contract or to the Services or in the discharge of their obligations hereunder, and the
Consultants shall use their best efforts to ensure that any Sub-consultants and or Associates,
as well as the Personnel and agents of either of them, similarly shall not receive any such
additional remuneration.
Page 205 of 243
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client on
the procurement of goods, works or services, the Consultants shall comply with any
applicable procurement guidelines of the Client (Employer) and or Associates Bank or of
the Association, as the case maybe, and other funding agencies and shall at all times
exercise such responsibility in the best interest of the Client. Any discounts or commissions
obtained by the Consultants in the exercise of such procurement responsibility shall be for
the account of the Client.
The Consultants agree that, during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, as well as any Sub- Consultant
and or Associates and any entity affiliated with such Sub Consultant and or Associates, 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. .
The Consultants shall not engage, and shall cause their Personnel as well as their Sub-
consultants and or Associates and their Personnel not to engage, either directly or
indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to them
under this Contract; and
(b) after the termination of this Contract, such other activities as may be specified
in the SC.
3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall not, either
during the term or within two (2) years after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the Services, this Contract or
the Client's business or operations without the prior written consent of the Client.
Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability under
this Contract shall be as provided by the Applicable Law.
The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to take
out and maintain, at their (or the Sub-consultants', as the case may be) own cost but on
terms and conditions approved by the Client, insurance against the risks, and for the
coverages, as shall be specified in the SC, and (ii) at the Client's request, shall provide
evidence to the Client showing that such insurance has been taken out and maintained and
that the current premiums therefore have been paid.
The Consultants(i)shall keep accurate and systematic accounts and records in respect of the
Services, hereunder, in accordance with internationally accepted accounting principles and
in such form and detail as will clearly identify all relevant time charges and cost, and the
bases thereof (including such bases as may be specifically referred to in the SC) ; (ii) shall
permit the Client or its designated representative periodically, and up to one year from the
expiration or termination of this Contract, to inspect the same and make copies thereof as
well as to have them audited by auditors appointed by the Client; and (iii) shall permit the
client to inspect the Consultant's accounts and records relating to the performance of the
Consultant and to have them audited by auditors appointed by the client.
The Consultants shall obtain the Client's prior approval in writing before taking any of the
following actions:
(a) Appointing such members of the Personnel as are listed in Appendix ‘C’
("Consultants' Sub-consultants' Key Personnel") merely by title but not by name;
(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-Consultant and the terms and conditions
of the subcontract shall have been approved in writing by the Client prior to the
execution of the subcontract, and (ii) that the Consultants shall remain fully liable
for the performance of the Services by the Sub-Consultant and its Personnel
pursuant to this Contract; and
The Consultants shall submit to the Client the reports and documents specified in Appendix
B here to, in the form, in the numbers and within the time periods set forth in the said
Appendix.
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultants for the Client under this Contract shall become and remain the
property of the Client, and the Consultants shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client, together with a detailed
inventory thereof. The Consultants may retain a copy of such documents and software.
Restrictions about the future use of these documents and software, if any, shall be specified
in the SC.
Equipment and materials made available to the Consultants by the Client, or purchased by
the Consultants with funds provided by the Client, shall be the property Of the Client and
shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such equipment and materials
and shall dispose of- such equipment and materials in accordance with the Client's
Page 207 of 243
instructions. While in possession of such equipment and materials, the Consultants, unless
otherwise instructed by the Client in writing, shall insure them at the expense of the Client
in an amount equal to their full replacement value.
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel and
Sub-consultants as are required to carry out the Services.
(a) The titles, agreed job descriptions, minimum qualification and estimated periods of
engagement in the carrying out of the Services of each of the Consultants' Key
Personnel are described in Appendix C. If any of the Key Personnel has already been
approved by the clients his/her name is listed as well.
(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof,
adjustments with respect to the estimated periods "of engagement of Key Personnel
set forth in Appendix C may be made by the Consultants by written notice to the
Client, provided (i) that such adjustments shall not alter the originally estimated
period of engagement of any individual by more than 10% or one week, whichever
is larger, and (ii) that the aggregate of such adjustments shall not cause payments
under this Contract to exceed the ceilings set forth in Clause GC 6.1(b) of this
Contract. Any other such adjustments shall only be made with the Client's written
approval.
(c) If additional work is required beyond the scope of the Services specified in Appendix
A, the estimated periods of engagement of Key Personnel set forth in Appendix C
may be increased by agreement in writing between the Client and the Consultants,
provided that any such increase shall not, except as otherwise agreed, cause
payments under this Contract to exceed the ceilings set for thin Clause GC 6.1 (b) of
this Contract.
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well as By
name in Appendix C are hereby approved by the Client. In respect of other Key Personnel
which the Consultants propose, to use in the carrying out of the Services, the Consultants
shall submit to the client for review and approval a copy of their biographical data and (in
the case of Key personnel to be used within the country of the Government) a copy of a
satisfactory medical certificate in the form attached here to as Appendix D. If the Client does
not object in writing(stating the reasons for the objection) within thirty (30) calendar days
from the date of receipt of such biographical data and (if applicable) such certificate, such
Key Personnel shall be deemed to have been approved by the Client.
(a) Working hours and holidays for Key Personnel are set forth in Appendix E hereto.
To account for travel time, foreign Personnel carrying out Services inside the
(b) The Personnel of all types engaged by Consultant to provide Services on this
Contract shall not been titled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix E hereto, and except as specified.
In such Appendix, the Consultants' remuneration shall be deemed to cover these
items. All leave to be allowed to the Personnel is included in the staff-
months of service set for in Appendix C. Any taking of leave by Personnel shall be
subject to the prior approval by the Client and the Consultants shall ensure that
absence for leave purposes will not delay the progress and adequate supervision of
the Services.
(c) All Key personnel and sub professional staff of the Authority Engineer shall use the
Aadhaar based biometric attendance/ Geo-tagged selfie-based attendance system
for marking their daily attendance. Aadhaar based Biometric attendance/ Geo-
tagged selfie-based attendance shall be marked at least once a day and anytime
during the day. Aadhaar based biometric attendance/ Geo-tagged selfie based
attendance system shall be installed by the Authority Engineer at its own cost at the
site office in order to facilitate the attendance marking. More system can be installed
near the project highway upto a maximum of one system per 50 km in order to
encourage frequent visits of Project Highway by key personnel and sub-professional
staff. A copy of monthly Aadhaar based Biometric attendance/ Geo-tagged selfie-
based attendance records shall be attached with monthly status report. Proper
justification shall be provided for cases of absence of key personnel/ sub-
professional staff which do not have prior approval from Project Director of
Concerned stretch. Authority Engineer have to provide a certificate that all key
personnel as envisaged in the Contract Agreement has been actually deployed in the
project..
4.5.1 In case notice to commence services pursuant to Clause 2.1 of this Contract is not ordered
by Client within 120 days of signing of contract the key personnel can excuse themselves
on valid grounds, e.g., selection on some other assignment, health problem developed after
signing of contract, etc. In such a case no penalty shall be levied on the Firm or on the
person concerned. The firm shall however be asked to give a replacement by an equal
or better scoring person, whenever mobilization is ordered.
4.5.2 In case notice to commence services is given within 120 days of signing of contract the,
the Authority expects all the Key Personnel specified in the Proposal to be available during
implementation of the Agreement. The Authority will not consider any substitution of Key
Personnel except under compelling circumstances beyond the control of the Consultant
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and the concerned Key Personnel. Such substitution shall be limited to not more than three
Key Personnel subject to equally or better qualified and experienced personnel being
provided to the satisfaction of the Authority. Replacement of the Team Leader will not
normally be considered and may lead to disqualification of the Applicant or termination of
the Agreement. Replacement of one Key Personnel shall be permitted subject to reduction
of remuneration equal to 5 % (five per cent) of the total remuneration specified for the Key
Personnel who is proposed to be replaced. In case of second replacement the reduction in
remuneration shall be equal to 10% (ten per cent) and for third and subsequent
replacement, such reduction shall be equal to 15% (fifteen per cent) If the consultant finds
that any of the personnel had made false representation regarding his qualification and
experience, he may request the Employer for replacement of the personnel. There shall be
no reduction in remuneration for such replacement. The replacement shall however be of
equal or better score. The personnel so replaced shall be debarred from future projects for
2 years.
4.5.5 If the Employer (i) finds that any of the Personnel has committed serious misconduct or
has been charged with having committed a criminal action or (ii) has reasonable ground to
be dissatisfied with the performance of any of the Personnel, then the consultant shall, at
the Employer’s written request specifying the grounds therefore, forthwith provide a
replacement with qualifications and experience acceptable to him. For such replacement
there will be no reduction in remuneration.
4.5.6 If any member of the approved team of a consultant engaged by National Highways
Authority of India leaves that consultant before completion of the job, he shall be barred
for a period of 6 months to 24 months from being engaged as a team member of any other
consultant working (or to be appointed) for any other National Highways Authority of
India/MoRTH projects.
The person designated as the Team Leader of the Consultant’s Personnel shall be
responsible for the coordinated, timely and efficient functioning of the Personnel. In
addition, the Consultant shall designate a suitable person from its Head Office as Project
Coordinator who shall be responsible for day to day performance of the Services.
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the
Government shall:
(c) provide the Consultants, Sub-consultants and Personnel with work permits and
such other documents as shall be necessary to enable the Consultants, Sub-
consultants or Personnel to perform the Services;
The Client warrants that the Consultants shall have, free of charge, unimpeded access to all
land in the Government's country in respect of which access is required for the performance
of the Services. The Client will be responsible for any damage to such land or any property
thereon resulting from such access and will indemnify the Consultants and each of the
Personnel in respect of liability for any such damage, unless such damage is caused by the
default or negligence of the Consultants or any Sub-Consultant or the Personnel of either
of them.
If, after the date of this Contract, there is any change in the Applicable Law with respect to
taxes and duties which increases or decreases the cost or reimbursable expenses incurred
by the Consultants in performing the Services, then the remuneration and reimbursable
expenses otherwise payable to the Consultants under this Contract shall be increased or
decreased accordingly by agreement between the Parties hereto, and corresponding
adjustments shall be made to the ceiling amounts specified in Clause GC 6.1(b).
The Client shall make available to the Consultants and the Personnel, for the purposes of the
services and free of any charge, the services, facilities and property described in Appendix
F at the times and in the manner specified in said Appendix F, provided that if such services,
facilities and property shall not be made available to the Consultants as and when so
specified, the Parties shall agree on (i) any time extension that it may be appropriate to
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided by
Clause GC 6 of this Contract.
(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge, such
counterpart personnel to be selected by the Client, with the Consultants' advice, as
shall be specified in such Appendix F. Counterpart personnel shall work under the
exclusive direction of the Consultants. If any member of the counterpart personnel
fails to perform adequately any work assigned to him by the Consultants which is
consistent with the position occupied by such- member, the Consultants may
request the replacement of such member, and the Client shall not unreasonably
refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as and
when specified in Appendix F, the Client and the Consultants shall agree on (i) how
the affected part of the Services shall be carried out, and (ii) the additional
payments, if any, to be made by the Client to the Consultants as a result thereof
pursuant to Clause GC 6.1(c) hereof.
(a) Subject to the ceilings specified in Clause GC6.1(b)hereof, the Client shall pay to the
Consultants (i) remuneration asset for thin Clause GC6.2(b),and(ii) reimbursable
expenditures asset forth in Clause GC6.2(c).If specified in the SC, said remuneration
shall be subject to price adjustment as specified in the SC.
For avoidance of doubt, in case the Team Leader cum Senior Highway Engineer has
not been made available for 90% of the stipulated time in the month, then only 80%
of the monthly payment shall be released. In the case of “Other Key Personnel (Sr.
No. 4)” and “Sub – Professional Staff (Sr. No. 5)”, the average availability across the
group shall be considered for calculation.
Note : Consultants have to provide a certificate that all key personnel as envisaged in
the Contract Agreement has been actually deployed in the project. They have to
submit the proof of Aadhaar based Biometric attendance/ Geo-tagged selfie-based
attendance at the time of submission of bills to the National Highways Authority of
India.
All payments shall be made in Indian Rupees and shall be subjected to applicable Indian
laws withholding taxes if any.
(a) The Client shall cause to be paid to the Consultants an interest bearing advance
payment as specified in the SC, and as otherwise set forth below. The advance
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payment will be due after provision by the Consultants to the Client of a bank
guarantee by a bank acceptable to the Client in an amount (or amounts) and in a
currency (or currencies) specified in the SC, such bank guarantee (I) to remain
effective until the advance payment has been fully set off as provided in the SC, and
(ii) to be in the form set for thin Appendix I hereto or in such other form as the Client
shall have approved in writing.
(b) As soon as practicable and not later than fifteen (15days)after the end of each
calendar month during the period of the Services, the Consultants shall submit to
the Client, in duplicate, itemized statements, accompanied by copies of receipted
invoices, vouchers and other appropriate supporting materials, of the amounts
payable pursuant to Clauses GC6.3 and 6.4 for such month. Each monthly statement
shall distinguish that portion of the total eligible costs which pertains to
remuneration from that portion which pertains to reimbursable expenditures.
(c) 75% of bill raised by the Consultant shall be paid within 72 Hrs and remaining bill
may be paid after due scrutiny. The Client shall cause the payment of the
Consultants periodically as given in schedule of payment above within thirty (30)
days after the receipt by the Client of bills with supporting documents. Only such
portion of a monthly statement that is not satisfactorily supported may be withheld
from payment. Should any discrepancy be found to exist between actual payment
and costs authorized to be incurred by the Consultants, the Client may add or
subtract the difference from any subsequent payments. Interest at the rate specified
in the SC shall become payable as from the above due date on any amount due by,
but not paid on such due date.
(d) The final payment under this Clause shall be made only after the final report and a
final statement, identified as such, shall have been submitted by the Consultants and
approved as satisfactory by the Client. The Services shall be deemed completed and
finally accepted by the Client and the final report and final statement shall be
deemed approved by the Client as satisfactory ninety (90) calendar days after
receipt of the final report and final statement by the Client unless the Client, within
such ninety (90)-day period, gives written notice to the Consultants specifying in
detail deficiencies in the Services, the final report or final statement. The
Consultants shall there upon promptly make any necessary corrections, and upon
completion of such corrections, the foregoing process shall be repeated. Any amount
which the Client has paid or caused to be paid in accordance with this Clause in
excess of the amounts actually payable in accordance with the provisions of this
Contract shall be reimbursed by the Consultants to the Client within thirty, (30)
days after receipt by the Consultants of notice thereof. Any such claim by the Client
for reimbursement must be made within twelve (12) calendar months after receipt
by the Client of a final report and a final statement approved by the Client in
accordance with the above.
(e) All payments under this Contract shall be made to the account of the Consultants
specified in the SC.
(f) Authority Engineer will make payment of salary to all key personnel in their
respective bank accounts through electronic mode only. No cash transaction wrt
salary will be made. Proof of salary transfer through electronic mode shall be
submitted by Authority Engineer with each Bill.
The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives of
this Contract.
The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Contract either Party
believes that this Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such unfairness,
but no failure to agree on any action pursuant to this Clause shall give rise to a dispute
subject to arbitration in accordance with Clause GC 8 hereof.
8. Settlement of Disputes
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contractor the interpretation thereof.
8.3 Conciliation
In the event of any Dispute between the Parties, either Party may call upon [Chairman
of National Highways Authority of India] and the Chairman of the Board of Directors
of the Consultant or a substitute thereof for amicable settlement, and upon such
reference, the said persons shall meet no later than 10(ten) days from the date of
reference to discuss and attempt to amicably resolve the Dispute. If such meeting
does not take place within the 10 (ten) day period or the Dispute is not amicably
settled within 15(fifteen) days of the meeting or the Dispute is not resolved as
evidenced by the signing of written terms of settlement within 30 (thirty) days of the
notice in writing referred to in Clause 8.2.1 or such longer period as may be mutually
agreed by the Parties, either Party may refer the Dispute to arbitration in accordance
with the Provisions of Clause 8.4.
8.4.1. Any Dispute which is not resolved amicably by conciliation, as provided in Clause 8.3,
shall be finally decided by reference to arbitration by an Arbitral Tribunal appointed
in accordance with Clause 8.4.2. Such arbitration shall be held in accordance with the
Rules of Arbitration of the International Centre for Alternative Dispute Resolution,
New Delhi (the “Rules”), or such other rules as may be mutually agreed by the Parties,
and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996 as
amended. The venue of such arbitration shall be ***** and the language of arbitration
proceedings shall be English.
8.4.2 Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator to be
appointed as per the procedure below
(a) Parties may agree to appoint a sole arbitrator or, failing agreement on the identity
of such sole arbitrator within thirty(30) days after receipt by the other Party of the
proposal of a name for such an appointment by the Party who initiated the
proceedings, either Party may apply to the President, Indian Roads Congress, New
Delhi for a list of not fewer than five nominees and, on receipt of such list, the Parties
shall alternately strike names therefrom, and the last remaining nominee on the list
shall be sole arbitrator for the matter in dispute. If the last remaining nominee has
not been determined in this manner within sixty (60) days of the date of the list, the
president, Indian Roads Congress, New Delhi, shall appoint, upon the request of
either Party and from such list or otherwise, a sole arbitrator for the matter in
dispute.
If for any reason an arbitrator is unable to perform his function, a substitute shall be
appointed in the same manner as the original arbitrator.
The sole arbitrator selected pursuant to Clause 8.2.1 hereof shall be expert with extensive
experience in relation to the matter in dispute.
8.4.5 The Arbitrators shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Clause 8 shall be final and biding on the Parties as from the
date it is made, and the Consultant and the Authority agree and undertake to carry out such
Award without delay.
8.4.6 The Consultant and the Authority agree that an Award may be enforced against the
Consultant and/or the Authority, as the case may be, and their respective assets wherever
situated.
8.4.7. This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder
8.4.8 Miscellaneous
9. Fake CV
If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely and
would result in all possible penal action including blacklisting from future projects of
National Highways Authority of India. This would also apply even when the consulting firm
is not successful in getting the assignment. In case CV of a person is turned out to be
fake/incorrect/inflated during the assignment, the consultancy firms will have to refund the
salary and perks drawnincluding interest @12% per annumin respect of the person apart
from other consequences. In addition to above, 10% of the salary and perks to be refunded
shall be recovered from the Firm as penalty.
1.1(a) The words’’ in the Government’s country” are amended to read ‘in INDIA”
Attention:
Telex :
Facsimile :
Attention:
Cable address :
Telex :
Facsimile :
(Note: If the Consultants consist of a joint venture of more than one entity, the name of the
entity whose address is specified in SC1.6.1shouldbeinsertedhere. If the Consultants consist of
one entity, this Clause 1.8 should be deleted from the SC)
1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies
and other impositions levied under the existing, amended or enacted laws during life of this
contract and the client shall perform such duties in regard to the deduction of such tax as
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may be lawfully imposed.
2.2 The time period shall be four months or such other time period as the parties may agree in
writing.
2.3 The time period shall be one month or such other time period as the Parties may agree in
writing.
2.4 The time period shall be 84 months (24 month for construction period and 60 months for
Maintenance period)
(iii) The policy should be issued only from an Insurance Company operating in
India.
(iv) The policy must clearly indicate the limit of indemnity in terms of“ Any One
Accident”(AOA) and “Aggregate limit on the policy period”(AOP) and in no
case should be for an amount less than stated in the contract.
(v) If the Consultant enters into an agreement with Employer in a joint venture
or ‘in association’, the policy must be procured and provided to Employer by
the joint venture/in association entity and not by the individual partners of
the joint venture/association.
(vi) The contract may include a provision thereby the Consultant does not cancel
the policy midterm without the consent of the Employer. The insurance
company may provide an undertaking in this regard.
(b) This limitation of liability shall not affect the Consultants' liability, if any, for
damage to Third Parties caused by the Consultants or any person or firm acting on
behalf of the Consultants in carrying out the Services.
"(i) taking any action under a civil works contract designating the Consultants as "Authority’s
Engineer", for which action, pursuant to such civil works contract, the written approval of
the Client as "Employer" is required".
3.9 The Consultants shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Senior Highway Engineer in Appendix C shall
serve in that capacity, as specified in Clause GC 4.6."
6.2(a) “Payments for remuneration and reimbursable items made in accordance with Clause GC
6:2(a):
(i) Consultants shall be paid billing rates for services rendered by the personnel of all
categories namely (i) key Personnel; (ii) sub-Professional personnel and (iii)
Support staff on man-month basis . Billing rates of remaining items of the financial
proposal, namely (i) transportation , (ii) Duty travel to site (iii) Office Rent, (iv)
office supplies communication etc. (v) reports & document printing and (vi)
survey equipment etc. shall be worked out month wise as per actual expenditure
Beginning 13th months from the last date of submission of bid, billing rates shall be
increased to cover all items of contract i.e. remuneration, vehicle hire, office rent,
consumables, furniture etc. @ 5% every 12 months. However, for evaluation and
award of the Bid proposals, the quoted initial rate (as applicable for first 12 months
from last date of submission of bid) shall be multiplied by the total time input for
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each position on this contract, i.e. without considering the increase in the billing
rates. All payments shall be made in Indian Rupees and shall be subjected to
applicable Indian laws withholding taxes if any.
(ii) Remuneration paid pursuant to the rates set forth in Appendix G shall be adjusted
every twelve (12) months (and, the first time, with effect for the billing rates
earned in the 13th calendar month after the last date of submission of bid) by 5%
every 12 month for personnel.
Notwithstanding any other provisions in the agreement in this regard, this provision will
prevail and override any other provision to the contrary in this agreement.
6.2(b) (i) (1) Payment of Authority Engineer shall be released on approval of the monthly
reports. Report shall be approved by the Authority only if it includes all the
sections prescribed in the format and submitted as per specified timelines.
(2) Payment shall be released as per rates quoted in Appendix C3- Breakup of Local
currency costs
(3) For equipment based road inspection to be conducted in O&M phase, payment
shall be released as per actual use of equipment on road and rates quoted in
Appendix C3- Breakup of Local currency costs.
(5) It is understood(i)that the remuneration rates shall cover(A) such salaries and
allowances as the Consultants shall have agreed to pay to the Personnel as well as
factors for social charges and overhead, and (B)the cost of back stopping by home
office staff not included in the Personnel listed in Appendix C, and(C)the
Consultants' fee;(ii)that bonuses or other means of profit-sharing shall not be
allowed as an element of overhead, and(iii)that any rates specified for persons not
yet appointed shall be provisional and shall be subject to revision, with the written
approval of the Client, once the applicable salaries and allowances are known.
(6) Remuneration for periods of less than one month shall be calculated on an hourly
basis for actual time spent in the Consultants' home office and directly attributable
to the Services(one hour being equivalent to 1/240th of a month) and on a
calendar-day basis for time spent away from home office(one day being equivalent
to 1/30th of a month).
6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix G
2) The bank guarantee shall be in the amount and in the currency of the the advance
payment.
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following provisions:
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks, place
of performance for different tasks; specific tasks to be approved by Client, etc.]
[List format, frequency, contents of reports and number of copies; persons to receive them; dates of
submission etc. If no reports are to be submitted, state here "Not applicable".}
[List under: C-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. Experience of Personnel to be assigned to work in
India, and staff- months for each.
C-3 Same as C-l for Key foreign Personnel to be assigned to work outside India.
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in India.
If there is no need for a medical certificate, state here: "Not applicable. "]
The form of Medical Certificate as required under the rules of Govt. of India
The Consultants Key personnel and all other Professional / Sub Professional / Support Staff/Sub-
Consultancy personnel shall work 6 days (Mondays through Saturday) every week and observe the
Gazetted Holidays of Government of India as Holidays. The Consultant shall work as per the work
program of the EPC Contractor. In this context in case the work plan of the Consultant needs suitable
modifications, the same shall be carried out and submitted to the client for consideration. The
Consultants hours of work normally shall match with that of Contractor’s activities on the site. No
extra remuneration shall be claimed or paid for extra hours of work required in the interest of
Project completion.
In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed.
F-1 Services, facilities and property to be made available to the Consultants by the Client.
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
To
Address of Employer:
1
WHEREAS________________________[Name and address of Consultants] (hereinafter called “the
consultants”) has undertaken, in pursuance of Contract No.___________________dated __________________
to provides the services on terms and conditions set forth in this
Contract________________________[Name of contract and brief description of works) (hereinafter called
the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified there in as security for
compliance with his obligations in accordance with the Contract;
NOW THEREOF we hereby affirm that we are the Guarantor andresponsible to you, on behalf of the
2
Consultants up to a total of [amount of Guarantee] ________________[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] 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 Consultants 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 services to be performed there under or of any of the Contract documents which may be made
between you and the Consultants shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the constitution
of the consultants or of the Bank.
This guarantee shall also be operable at our……………….. Branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension/renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System)
platform & shall invariably send an advice of this Bank Guarantee to the designated bank of NHAI,
details of which is as under:
Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs.______________________________________(Rs.__________________________) and the guarantee shall remain
valid till___________________________________. Unless a claim or a demand in writing is made up on us on
or before ____________________________________all our liability under this guarantee shall cease.
This guarantee shall be valid for a period of 86 months i.e. upto 2 months beyond the expiry of
contract of 84 months.
1.
Address 2.
(Name &Occupation)
Date
1
Give names of all partners if the Consultants is a Joint Venture.
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Date:
Dear Sir,
For Contract (hereinafter called the "Contract") (scope of work) and the Client having agreed to make
an advance payment to the Consultant for performance of the above Contract amounting to (in words
and figures) as an advance against Bank Guarantee to be furnished by the Consultant.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time to vary the advance or to extend the time for performance of the contract
by the Consultant. The Client shall have the fullest liberty without affecting this guarantee, to postpone
from time to time the exercise of any powers vested in them or of any right which they might have
against the Client and to exercise the same at any time in any manner, and either to enforce or to
forebear to enforce any covenants, contained or implied, in the Contract between the Client and the
Consultant other course or remedy or security available to the Client. The bank shall not be relieved of
its obligations under these presents by any exercise by the Client of its liberty with reference to the
matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission
or commission on the part of the Client or any other Indulgence shown by the Client or by any other
matter or thing whatsoever which under law would but for this provision have the effect of relieving
the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Consultant and
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notwithstanding any security or other guarantee that the Client may have in relation to the Consultant's
liabilities.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System)
platform & shall invariably send an advice of this Bank Guarantee to the designated bank of NHAI,
details of which is as under:
Details
S. No. Particulars
1. Article I. Name of Article II. National Highways
Beneficiary Authority of India
Notwithstanding anything contained herein above our liability under this guarantee is limited to
______________________________________________and it shall remain in force upto and including
_____________________________________And shall be extended from time to time for such period (not exceeding
one year), as may be desired by M/s. ________________________ on whose behalf this guarantee has been
given.
WITNESS
(signature)
__________________________________
(Signature)
(Name)
(Name)
Dated
Page 235 of 243
Strike out, whichever is not applicable.
Note1: The stamp papers of appropriate value shall be purchased in the name of bank Who issues
the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank guarantee furnished by Foreign Consultant shall be confirmed by any
Nationalized Bank in India.
Letter of invitation
Letter of Award
Memorandum of Understanding
between
_____________________
And
__________________________
Whereas the National Highways Authority of India (the ‘Employer’) has invited proposal
for appointment of Authority’s Engineer for “Consultancy Services for Authority’s Engineer for
Supervision of Construction of Six lane access-controlled Paniyala-Barodameo Inter Corridor Route
from Km 0+000 to Km 86+513 in the State of Rajasthan on EPC Mode under Bharatmala Pariyojana”
hereinafter called the Project.
And Whereas _________________ (Lead Partner) and _______________ JV partner/s have agreed
to form a Joint Venture to provide the said services to the Employer as Authority’s Engineer; and
(i) ___________ will be the lead partner and ____________ will be the other JV partner/s and
percentage share* will be as under: -
(ii) ______________ (lead partner) shall be the in charge of overall administration of contract and
shall be authorised representative of all JV partners for conducting all business for and on
behalf of the JV during the bidding process and subsequently, represent the joint venture
for and on behalf of the JV for all contractual matters for dealing with the Employer/EPC
Contractor if Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all the
obligation and liabilities relating to the consultancy work and in accordance with the Terms
of Reference of the Request for Proposal for the Consultancy Services.
Note: * The bidder cannot revise their share among Lead/JV partner which was declared at the time
of bidding of respective consultancy assignments.
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
(iii) For each repeated lapse by the firm, the penalty for the subsequent offence shall be
enhanced by an additional 50% as compared to penalty imposed in the previous instance
applicable against the category of penalty under consideration.