971 File5865323493
971 File5865323493
INDIA
(MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVT.OF
INDIA)
Regional Office, Bhubaneswar
301-A, 3rd Floor, Pal Heights,
Plot No. J/7, Jayadev Vihar,
Bhubaneswar, Odisha, 751013
January,
2024
CONTENTS
Page
Particulars Nos.
SECTION 1. INFORMATION TO CONSULTANTS
SECTION 2. LETTER OF INVITATION TO CONSULTANTS
SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
SECTION 5. FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL
SECTION 6. TERMS OF REFERENCE FOR AUTHORITY‟S ENGINEER
SECTION 7. DRAFT FORM OF CONTRACT
REQUEST FOR PROPOSAL (RFP)
Sub: Consultancy services for Authority Engineer for supervision of Rehabilitation & Up
gradation of existing two lane to four lane standards from Duburi to Chandikhole section
of (Km.388.000 – Km.427.400) of NH-200 (New NH-53) including Major Bridge over
Brahmani river @ Km.401+250 and Rehabilitation and Up-gradation of NH-149 from
Km.0.000 to 68.280 Km. (Pallahara to Pitiri Section) to two lanes with paved shoulders
under NHDP-IV on EPC Mode in the state of Odisha.
GENERAL:-
The National Highways Authority of India (NHAI) (the „Employer‟) invites proposals for engaging
Authority‟s Engineer on the basis of International Competitive Bidding for the following contract
package in the State of Punjab.
Project Length
(Km) / Total Assignment
S. NH Project Cost period
No. Consultancy Package No. State Project Stretch (Cr.) (months)
1 Consultancy services for NH-53 Odisha Km.388+000 – 107+600 Km 6 Months
Authority Engineer for & NH- Km.427+400 & construction
supervision of 149 Km.0+000 to period and 48
Rehabilitation & Up Km.68+200 months
gradation of existing two Maintenance
lane to four lane standards period
from Duburi to
Chandikhole section of
(Km.388.000 –
Km.427.400) of NH-200
(New NH-53) including
Major Bridge over
Brahmani river @
Km.401+250 and
Rehabilitation and Up-
gradation of NH-149 from
Km.0.000 to 68.280 Km.
(Pallahara to Pitiri
Section) to two lanes with
paved shoulders under
NHDP-IV on EPC Mode in
the state of Odisha
The RFP shall be received through “INFRACON” (www.infracon.nic.in) and will be evaluated based
on details furnished on “INFRACON”. As such before submitting the proposal, the Consultant (the
firm and all key personnel) shall mandatorily register and enlist themselves, on the MoRT&H portal
“INFRACON” and upload all relevant information to enable correct evaluation of RFP.
1. All the bidders registered on “INFRACON” shall form a Team on “INFRACON” which would
be assigned unique INFRACON Team ID. Bidders while submitting the RFP proposal shall furnish
registration details including INFRACON Team ID. A copy of INFRACON Operation Procedure is
enclosed for bidder‟s reference.
2. Selection of AE shall be as per selection procedures given in the Model Contract Agreement
and general procurement methods followed in NHAI. The selected AE shall be intimated to the
Contractor.
3. The proposal shall be submitted in English Language and all correspondence would be the
same language.
4. The construction and Operation & Maintenance of projects broadly include construction and
Operation and Maintenance activities of the Contractor for completed construction works and Projects
facilities are opened to traffic as per the Contract Agreements.
5. As per the Terms and Conditions of the Contract Agreement(s), the Authority‟s Engineer is
broadly required to:
a. Survey (Including Traffic Survey) and examination of stretch for requirements of additional
structures, project facilities, road furniture‟s and other items warranted for implementation
including structural designs.
b. Pavement condition survey for the entire stretch for the entire including plan and profile and
working out required pavement strengthening measures and improvements.
c. Condition survey of all existing structures and working out strengthening measures.
d. Cost valuation of proposed items/works after conducting survey examination of completer
stretch.
e. Preparation of RFP document
f. Review of the Drawings and Documents;
g. Review, inspection and monitoring of Construction Works;
h. Conducting Tests on completion of construction and issuing Completion Certificate;
i. Review, inspection and monitoring of O&M;
j. Review, inspection and monitoring of Divestment Requirements;
k. Determining, as required under the Agreement, the costs of any works or services and/or their
reasonableness;
l. Determining, as required under the Agreement, the period or any extension thereof, for
performing any duty or obligation;
m. Providing all requisite data on monthly basis in Monthly Progress Report (MPR) within a
period of 7 days from the close of month, as required by Authority, for updating the project
specific website and PMIS substantially in the format prescribed at Annexure–III
n. Assisting the Parties in resolution of disputes; and Undertaking all other duties and functions in
accordance with the Contract Agreement.
o. Provide assistance is dispute resolution/arbitration case/court case pertain to the project
highway even from the commencement of construction of the (4 lane) project.
p. To perform the function/duties as directed by the PIU/Authority for the project stretch without
any additional cost.
q. To conduct drone survey bi-annually as per NHAI policy circular no. 18.75/2021 dated
03.011.2021.
6. The interested consultancy firms may download the RFP from NHAI Website from
10.01.2024 to 08.02.2024 upto 1100 hrs. The Consultant who download the RFP document from the
website will be required to pay the non- refundable fee of Rs. 5,000/- through NEFT/RTGS/Direct
Credit transfer in the following Authority‟s Bank;
Proof of online payment receipt shall be enclosed along with the Bid in online while submission.
7. The amendments /clarifications to the bid document if any will be hosted on the above website.
The RFP will be invited through e- tendering portal. Refer Procedure under e- tendering for
submission of RFP through e- tendering.
8. In this document, unless the context otherwise requires, reference to a firm or consultant or
bidder or applicant shall be construed as reference to any individual firm, organization, company or
their JV, reputed engineering institutions such as IITs/NITs/Deemed Universities.
9. The proposal should be submitted by consultancy firms in two parts in two separate
envelopes/package duly marked and put together in one single outer envelope/package. The two parts
of the proposal are Part 1: Technical Proposal and Part 2: Financial Proposal. For a given DBFOT
Project, Stage-1 of the Evaluation shall consider the evaluation of the Technical Proposal (i.e. Part 1).
The firms with minimum qualifying marks (minimum75%) as mentioned in RFP shall be listed in the
descending order of their technical Score and 5 top ranking firms shall only be considered for further
evaluation provided none of them is in conflict of interest with the Contractor. The firms in conflict of
interest shall be substituted by next ranking firm not having conflict of interest with the Contractor.
Under stage 2, the financial proposal of such five firms as selected above shall be opened and
evaluated. The weightage of Technical and Financial Score shall be 80% & 20% respectively. The
final selection of the firm shall be based on the highest combined Score of Technical and Financial
Proposal.
10. The total time period for the assignment as Authority‟s Engineer will be for 6 Months for
construction period and 48 months for Operation and Maintenance period. On expiry or termination of
aforesaid period, the Authority may in its discretion renew the appointment.
11. 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 with different partners for the same work is not
allowed and all such proposal involving the firms shall be treated as non- responsive.
12. (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 9 (iii) of data sheet). The
associate firm can provide equipment based road inspection services for any of the 5 equipments viz.,
(i) Network Survey Vehicle including all modules required as per technical specifications, (ii) Falling
Weight Deflectometer, (iii) Mobile Bridge Inspection Unit and (iv) Retro Reflectometer (v) Automatic
Traffic Counter cum Classifier (ATCC). 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 a MOU
with associate regarding role and responsibility of Associate Company. However, the maximum
number of key personnel from Associate firm during RFP proposal and implementation of contract
should be limited to two (2).
13. Consulting firms meeting the following criteria and not in conflict of interest with the
Contractor are only eligible for applying for this assignment. Firms not meeting these criteria need not
apply.
A. Eligibility criteria for sole applicant.
* Annual Turnover should be duly certified by statutory body like Chartered Accountant or
Independent Auditors who are competent to do so as recognized by the State concerned.
B. Eligibility Criteria for partners in case of JV (not more than 1 JV partner shall be allowed).
Lead Partner should meet at least 75% and JV partner should meet at least 40% eligibility criteria of
Annual Turnover. Lead partner and the JV partner both shall have experience of at least one project of
eligible category as in para 12 (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. Experience weightage for firms joining Lead partner JV partner shall be
considered in the same proportion as payment has been received ** by the firm towards consultancy
work in the project.
**For weightage of experience in any past Consultancy assignment experience certificate from the
client shall be accepted. In the absence of experience certificate from the client, proportion of payment
received towards Consultancy work duly certified by statutory body like Chartered Accountant or
Independent Auditors who are competent to do so as recognized by the State concerned shall be
accepted. Annual turnover duly certified by Chartered Accountant shall be accepted. In case of non-
availability of such documents no weight age of turnover/experience will be considered.
C. Technical Capacity Provisions of maximum works to be permitted with one consultant:
Sr. Col (2) Col (3) Col (4) Col (5) Col (6)
no.
1 Average Annual Upto More More More
Turnover of Firm in last Rs. 10 than than than
3 Financial Years (from Crores Rs. 10 to Rs. 30 to Rs. 60
Consultancy Works) Rs. 30 Rs. 60 Crores
Crores Crores
2 No, of key professionals 10 25 40 60
on full time rolls
(minimum for last one
year)
3 Max. no. of projects/ DPR 6 12 25 40
assignments to be allotted
to one particular consultant
including ongoing projects
at a time in NHAI
4 (i) Maximum no. of DPR 6 12 25 40
Assignments out of those
given at Sr. No.3
above
4 (ii) Maximum no. of IE/AE 4 9 18 30
assignments (cap of 75%)
out of those given at Sr.
No. 3 above
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 be 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 ceiling 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 &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;
(c) Assignments having less than 6 months contract period.
(d) The operation and maintenance contract (O&M)
(iv) The above guidelines will not be applicable in case of Special Projects such as standalone 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 Annex-B-13.
(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 be allowed to participate in the current assignment.
14. Following enhancement factor will be used for the cost of services provided and for the
turnover from consultancy business to a common base value for works completed in India:
In case the financial figures and values of services provided are in foreign currency, the above
enhancement factors will not be applied. Instead, 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.
15. The Bidder including individual or any of its Joint Venture Member should, in the last 2 years,
have neither failed to perform for the works of Expressways, National Highways, IIE (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 have been debarred by NHAI and the debarment is in force as on
date of application, need not apply as their RFP proposal will not be entertained.
16. NHAI will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, NHAI 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.
17. The Technical proposal and Financial Proposals shall have to be submitted only in Electronic
Form (to be uploaded on the e-portal). In the event, any of the instructions mentioned herein have not
been adhered to, NHAI may reject the Proposal.
a. The selected bidder shall use the Link „Data Lake Portal' available on NHAI Website
nhai.gov.in to communicate with NHAI and O&M Contractor for all contractual
correspondence.
b. No Physical document shall be accepted unless and until the same is specifically stated so in
the RFP or it is a legal requirement.
18. NHAI will be at liberty to keep the credentials submitted by the Consultants at bidding stage,
in public domain and the same may be uploaded on NHAI web-site. By submitting the proposal, the
Consultants shall be deemed to have no objection to upload/hoist the information pertaining to their
credentials as well as of their key personnel on NHAI web- site.
19. 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 NHAI
in public domain.
20. RFP submission must be received not later than 11:00 Hrs on 08.02.2024 as mentioned on the
e-portal only) (“Bid Due Date”). The bids (technical) would be opened on 09.02.2024 at 11:30 Hrs.
online, in the manner specified in the RFP document at the address given below:
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 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 Proposal pursuant to
this RFP. This RFP includes statements and assumptions, which reflect various
assessments, a r r i v e d at by the Authority in relation to the Consultancy. Such
assessments and s t a t e m e n t s do n ot 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.
1.4 Please note that (i) the costs of preparing the proposal including visits to site, are not
reimbursable as a direct cost of assignment and (ii)NHAI 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.
1.5 We wish to remind you that in order to avoid conflict of interest situations, any firm
associated with the Contractor of the Project Highway as its Design and/or Authority‟s
Engineer during construction period and defect liability period of the project or previous
Operation and Maintenance period and/or the Contractor(s) as Design Consultant and/or
Construction Authority‟s Engineer is not eligible to participate in the bidding. The
restriction herein shall not apply after a period of 5(five) years from the completion of their
consultancy assignment.
1.6 Deleted
1.7 The Consultant will not propose any personnel who had been engaged by the Contractor on
the same project within last one year.
1.8 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.
1.9 It is the NHAI‟s policy that the consultants observe the highest standard of ethics during the
selection and execution of such contracts. In pursuance of this policy, the NHAI:
i. Defines, for the purpose of this paragraph, the terms set forth below as follows:
a “corrupt practice” means the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the action of a public official
in the selection process or in contract execution;
b “fraudulent practice” means a misrepresentation or omission of facts in
order to influence a selection process or the execution of a contract;
c “collusive practices” means a scheme or arrangement between two or
more consultants with or without the knowledge of the Client, designed to
establish prices at artificial, non-competitive levels;
d “corrective 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.
ii. 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;
iii. 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 incorrupt
or fraudulent practices in competing for, or in executing, a contract; and
iv. Will have t h e right to require that a provision be included requiring consultants to
permit the NHAI to inspect their accounts and records relating to the performance of
the contract and to have them audited by authorized representatives of NHAI.
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 NHAI web-site.
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 a d d e n d u m . Addendum may be sent by mail, cable, telex, facsimile or
electronic mail to consultants or/and will be hosted on NHAI website which will be
binding on them. The Client m a y 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 3and 4). The two parts shall be:
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.
ii. The Consultants should prefer to field as many of their permanent staff as possible
and higher marks shall be given in this regard. 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. More weightage will be given to those
key personnel who are employed with more years with the firm.
iii. No alternative to key professional staff may be proposed and only one Curriculum Vitae
(CV) may be submitted for each position and
iv. 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.
v. For Key Personnel e.g. Team Leader, Highway Maintenance cum Resident Engineer,
Bridge/ Structural Engineer and Road Safety Expert, the Consultants should prefer
candidates having worked on EPC Projects. Such personnel shall be rated higher
than the candidates having no such experience at all”.
3.4 Your Technical Proposal must provide the following information, using but not limited to the
formats attached in the Section 3 &4.
i) A brief description of the firm‟s organization and an outline of recent experience of the
Consultants and, in the case of Joint Venture, for each partner, on assignments of
a similar nature. The information which you shall provide on each assignment
should indicate, inter-alia, the profiles of the staff provided, duration, contract
amount and firm‟s involvement. The d e t a i l s of assignments on hand shall also
be furnished.
ii) Site Appreciation: limited to four A4 size pages in 1.5 spaces and 12 font including
photographs, if any;
iii) Proposed methodology for the execution of the services illustrated with bar charts of
activities. The proposed methodology should be accompanied by the consultant‟s
initial view, key challenges they foresee and potential solutions. The proposal shall
indicate as to whether the firm is having the facilities for carrying out the following
field activities or these are proposed to be outsourced to specialized agencies.
a. Surface defects detection and roughness measurement using Network
Survey Vehicle
v) In case the consultant envisages outsourcing any or all of the above services to the
expert agencies, the details of the same indicating the arrangement made with the
agencies need to be furnished. These agencies would however, be subject to
approval of the client to ensure quality input by such agencies before award of the
work. For out-sourced services, proposed firms/consultants should have such
experience on similar projects.
vi) The composition of the proposed staff team, the tasks which shall be assigned to
each and their timing;
a. CVs strictly in the prescribed format and recently signed in blue ink on each page
by both the proposed professional staff and the Managing Director/Head or the
authorized representative of 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). In case, the information contained in the
CV for the duration in which the key personnel was employed by the firm, proposing
his candidature is found incorrect/fake/inflated at any stage, action including
termination of the consultancy agreement and debarment of the firm upto 2 years from
future MoRTH or its Executing Agencies (e.g. NHAI) projects shall be taken by
MoRTH or its Executing Agencies (e.g. NHAI).
d. CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand, including those for which LOA has been received from
the Client or for which Consultant has been declared as H1, do not exceed
3(three) for team leader, 2 (two) for Road Safety Expert and 3(three) for
bridge/structural engineer as on 7 days before due date of proposal.
e. All the CVs which are to be evaluated should be complete in all respects including
signing and certification by the individual and the firm. In order t o overcome the
difficulties in furnishing the duly signed CVs due to time prescribed for
submission for RFP, maximum 3 CVs (except Team Leader and Highway
Maintenance Engineer) with scanned signatures of the candidates on all pages
shall be permitted. However, the authorized representative of the firm shall
sign on each page. If the firm is selected, then the firm shall submit duly
signed CVs before the signing of contract.
f. If a CV scores 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 fulfil 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 fulfil 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 maximum 3 (three) such Key Personnel (whose CV scores less
than 75% or who does not fulfil the minimum qualification) will have to be
replaced by the firm before signing the contract. The reduction in remuneration of
such replacements shall be at the rate of 10% for each replacement. In case more
than 3 CV scores less than 75% marks, the proposal shall be considered non-
responsive. 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.
3.5 The technical proposal must not include any financial information.
3.6 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. For the first 12 months from the Date of Commencement of
Services, Consultants shall be paid billing rates as indicated above. Beginning 13 th
months of the services provided, billing rates shall be increased on all items of
contract inter alia including vehicle hire, office rent, consumables, furniture etc. @
5% every 12 months for local currency for the subsequent period of services
rendered by the personnel of all categories namely (i) key Personnel; (ii) sub-
Professional personnel and (iii) Support staff. However, for evaluation and award of
the Bid proposals, the quoted initial rate (as applicable for first 12 months) shall be
multiplied by the total time input for each position on this contract, i.e. without
considering the increase in the billing rates.
3.7 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.
3.8 Consultants may express the price of their services in the Local currency (Indian
Rupees)
3.9 The Goods and service tax shall be considered for release along with invoice, subject
to condition that Consultant submits the proof of deposit of the same with a
Certificate from CA firm within a period of 90 days of receipt of such Goods and
service tax.
*(This will be the exchange rates as per Reserve Bank of India rounded off to nearest Rupee
applicable at the time of RFP invitation).
vii. All the Bidders (including individual or any of its Joint Venture Members) failing
to submit the original documents required as per Para (vi) above shall be
unconditionally debarred from bidding in NHAI Projects for a period of 5 years.
viii. In case L-1 Bidder fails to submit the originals as per Para (vi) the bidding
process shall be annulled and Tenders shall be re-invited
5.1. A two -stage procedure shall be adopted for evaluating the proposals.
5.2. Deleted.
Technical Proposal
5.3.
i. The Evaluation Committee appointed by the NHAI shall carry out its evaluation
applying the evaluation criteria at Appendix-B10 and point system specified in the
data sheet. Each responsive proposal shall be attributed a technical Score (St.) The
technical proposal should Score at least 75 points to be considered responsive. The
Authority shall shortlist 5 (five) top firms on the basis of their technical Score not in
the conflict of interest with the contractor.
ii. The Technical Evaluation made by NHAI based on the criteria at Appendix-B10 will
be made available on NHAI website i.e. www.nhai.org, giving opportunities to
respond within 7 days in case of objections, if any.
Financial Proposal
5.4. After the evaluation of Technical Proposals is completed and the shortlist of 5 firm sis
finalized, NHAI may notify those consultants whose proposals were not considered as
per conditions of RFP indicating that their Financial Proposal will not be opened online.
The NHAI shall simultaneously notify the finally selected 05 (five) short listed firms
indicating the date and time set for opening of the Financial Proposals.
5.5. The Financial Proposals shall be opened through e-procurement 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. 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 Evaluation Committee shall determine if the financial proposal is complete and
without computational errors. The order of priority as among these firms on the basis of
financial bids will also be determined and the lowest financial bid shall rank first for award
of contract.
5.8. The lowest Financial Proposal (Fm) will be given a financial Score (Sf) of 100 points.
The financial Scores (Sf) of the other Financial Proposals will be computed as
Sf = 100 x Fm/F, where Sf is the financial Score. Fm is the lowest price and F, the price of
the proposal under consideration. Proposals shall finally be ranked according to their
combined technical (St) and financial (Sf) Scores using the weights indicated in the data
sheet:
S = St x T% + Sf x P%.
The Firm achieving the highest combined technical financial Score shall be declared as
the most preferred bidder.
6. Replacement of Personnel
6.1. Prior to the expiration period of validity of proposal, the NHAI shall notify the successful
firm (first ranking firm) in writing by registered letter or facsimile and issue LOA. In case
two or more firms offer same lowest financial bid, the firm achieving the highest Technical
Score shall be considered for LOA.
6.2. The proposal shall include methodology (work plan), staffing and bar charts, which shall
indicate activities, staff, periods in the field and in the home office, staff months,
logistics and reporting. Special attention shall be paid to optimize the required outputs
from the firm within the available budget and to define clearly the inputs required from
the NHAI to ensure satisfactory implementation of the assignment.
6.3. It is the responsibility of the Consultant, before submitting the financial proposal, to
contact the local tax authorities to determine the local tax amount to be paid by the
Consultant under the Contract. Having selected a firm, among other things, on the basis
of an evaluation of proposed key professional staff, the Contract will be finalized.
6.4 All replacements shall be governed by Clause 4.5 ( Renewal and/or Replacements of
Personnel) of General Condition of the Contract.
7. AWARD OF CONTRACT
7.1. The Client shall award the Contract to the selected Consultant. However, after signing of
the Contract, the Client may return the unopened Financial Proposals to the unsuccessful
Consultants.
7.2. The successful firm with whom the contract is signed is expected to commence the
assignment on the date and at the location specified in the data sheet.
8. PERFORMANCE CLAUSE
Authority‟s Engineer s shall be expected to fully comply with all the provisions of the
Terms of Reference‟, and shall be fully responsible for supervising and ensuring that the
Designs, Construction and Maintenance and Operation of the facility takes place in
accordance with the provisions of the Concession Agreement. Failure of the Authority‟s
Engineer to notifying NHAI and the Contractor on non-compliance of the provisions of
the Concession Agreement by the Contractor, non-adherence to the provision of ToR and
non-adherence to the time Schedule prescribed under ToR shall amount to non-
performance.
The Authority‟s Engineer shall appoint senior most technical director or equivalent as
its authorized representative, who shall correspond with the NHAI besides Team Leader
to monitor the
of its staff, undertake quarterly site inspections and give a report to NHAI on such
inspection for comments and suggestions of NHAI for future compliance. The proposal
submitted shall also include the name of the authorized representative along with the
authorization letter and power of attorney. No separate payment shall be made for such
inputs and site visits of the authorized representative as the same shall be treated as
incidental to the assignment.
9. CONSULTANT‟S PROPOSAL
9.1. Broad job-description and minimum qualification and experience requirements for key
personnel mentioned above are given in Enclosure–B. However, higher marks shall be
accorded to the Candidate with higher relevant qualification and experience in EPC
projects. 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 authorized
signatory for the Consultant. The key personnel shall also certify at the end of their bio-
data preformed that they have not left any of the NHAI 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 Supervision
Consultant, if the Project is awarded. In case the key personnel leaves the assignment
without approval of NHAI, NHAI would be at liberty to take any appropriate action against
that key personnel including debarment.
9.2. In addition to above, the consultants are required to propose sub-professional staff as
detailed in Enclosure-A with the minimum qualification and experience requirements as
given in Enclosure–B.
10.2 Alternatively, a single Bank Guarantee to cover for the performance of all projects under NHAI
may also be deposited as tabulated below, at the discretion of the 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 the extension of the validity of
the Performance Security at least one month prior to the 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 (Appendix-K).
Performance Security
Remaining cumulative Value of Consultancy Fee as per
BG Value (in Rs. Crores.)
Contracts under an Agency (NHAI) (Cr)
0-10 0.25
10-20 0.5
20-30 0.75
30-40 1
40-60 1.5
60-80 2
80-100 2.5
100-200 4
Beyond 200 5
11. AUTHORISED SIGNATORIES
The Authority shall require the Authority‟s Engineer to designate and notify to the
Authority and the Contractor up to 2 (two) persons employed in its firm to sign for and
on behalf of the Authority‟s Engineer , and any communication or document required
to be signed by the Authority‟s Engineer shall be valid and effective only if signed by
any of the designated persons; provided that the Authority‟s Engineer may, by notice
in writing, substitute any of the designated persons by any of its employees.
DATA SHEET
(As Mentioned in Letter of Invitation to Consultants)
i. Sub criteria for Relevant Experience of the firm for the assignment
ii. Sub criteria for Adequacy of the proposed work plan and methodology
Site Appreciation 1
Quality of Approach and Methodology (approach and initial view on project plan 2
including key challenges envisaged and potential solutions)
Internal Quality Audit Methodology to be adopted (Quality Assurance Plan) 2
Total 5
iii. Sub criteria for Experience in use of technology for road inspection
Maximum Sub-
S.No Description
Points Points
Experience in Network Survey Vehicle (NSV) or
1 6
better technology for pavement inspection
1.1 Own an equipment/MOU with Associate 3
1.2 1-2 projects 4
1.3 3-5 projects 5
1.4 > 5 projects 6
Experience in Falling Weight Deflectometer
2 (FWD) or better technology for pavement strength 3
measurement
2.1 Own an equipment/MOU with Associate 2
2.2 1-3 projects 2.5
2.3 > 3 projects 3
Experience in Mobile Bridge Inspection Unit or
3 4
better technology for bridge inspection
3.1 Own an equipment/MOU with Associate 2
3.2 1-3 projects 3
3.3 >3 projects 4
4 Experience in Retro reflectometer technology 4
4.1 Own an equipment/MOU with Associate 2
4.2 1-3 projects 3
4.3 > 3 projects 4
Experience in Automatic Traffic Counter cum
5 3
Classifier (ATCC)
5.1 Own an equipment/MOU with Associate 1
5.2 1-3 projects 2
5.3 > 3 projects 3
Total 20
Note: A. The consultants owning the equipments 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, FWD, MBIU, Retro
reflectometer, ATCC or equivalent technology shall be supported by
Experience certificate. The experience of a firm/associate firm for a private
contractor/contractor shall be considered only if the experience certificate is authenticated
by the concerned competent Government department/authority.
v. The technical proposal should Score at least 75 points to be considered responsive for
financial evaluation.
viii. 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.
ix. The single currency for price conversion is INR. For evaluation of bid proposals, the foreign
currency conversation rate of 1US Dollar = Rs. ***** and 1 Euro = Rs.***** shall be used.
Remarks: Based on experience and the Consulting Industry‟s Capacity, Project specific
requirement etc., NHAI may modify the above criteria for Selection of SC
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 five years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last five
years (FY 2018-29, 2019-20, 2020-21, 2021-22, 2022-23)**.For claiming experience of Highway
projects, Completion Certificate from Employer should be enclosed. The p r o p o s a l should also
contain the details of the key personnel viz. their name, qualification, expertise area, experience
and years of association with the firm.
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 *
Type of Organization
Year of
Consultant Establishment Countr Individual Partnership Corporation Other
Individual /
y
Lead Partner
(of JV)
2018-19
S. No. Particulars 2022-23 2021-22 2020-21 2019-20
i. Annual turnover from
Consulting business
ii. Total Assets
iii. Current Assets
a. **The amount shall be stated in INR. (Consider US$1= 73.31 INRs. and 1 Euro =
88.89 INRs.)
b. The currency conversion rate for the respective years shall be mentioned for other
international currencies.
c. Balance Sheet/ Auditor Certificate of last 5 years (FY 2018-19, 2019-20, 2020-21,
2021-22, 2022-23) shall be submitted as evidence of Annual Turnover”.
d. Wherever details for Audited Balance Sheet, Financial Statement, Balance
Sheet/Auditor Certificate of last 5 years are sought, the last 5 year shall be preceding
the year in which Bid submission is to be made.
In case the annual accounts for the latest financial year are not audited and therefore
the Applicant cannot make it available, the Applicant shall give an undertaking to this
effect duly certified by statutory body like Chartered Accountant or Independent
Auditor who are competent to do so as recognized by the state concerned. In such a
case, the Applicant shall provide the Audited Annual Reports for 5 (five) years
preceding the year for which the Audited Annual Report is not being provided.
vii. Experience *** as Independent Engineer or Construction Supervision of Highway
Projects, separately for PPP and non-PPP Projects during the last 7 years.
Projects
Client Total Fee
Name/year
(with Fee for Receive
Sole Descript complete the d by
consultant ion of address, Con- Applican % Age of
Prime Highwa contact sultany t (in case Total Approx.
Consultant Type y person, Assign- of JV/ Fee Cost of
of JV/JV/or Service Project/ telephone ment Associ- Receive Highwa
S. Sub s Ren- Length Nos and (INR) ation) d by the y
N o Consultant dered (kms) Fax Nos) Firm Project Period
1 2 3 4 5 6 7 8 9 10
A. Completed/Substantially completed projects:
1.
2.
3.
B. Projects in progress
in1.progress:
2.
3.
viii. Experience *** in DPR/Feasibility Study of 4/6 laning Highway projects during the last
7 years.
Client
(with
Total Fee
complete
for the % age of
Type address, Fee in
Length of Consul- total fee
S. Projects Services contact INR(Appli
Project tancy received Period
N o Name/year Renderd person, cant‟s
(Km) Assign- by the
telephon share in
ment firm
e Nos
(INR)
and Fax
Nos)
1 2 3 4 5 6 7 8 9
ix. Experience *** in Project Supervision/IE for Operation and Maintenance of Highway
Projects, separately for PPP and non-PPP Projects during the last 7 years.
Projects
Client
Name/
(with
year
complete Fee
Sole address, Total Fee Received
consultant DeIEri- contact for the by
Prime ption of person, Con- Applicant % Age of
Consultant Type Highway telephon sultancy (in case Total Fee
of JV/JV/or Services Project/ e Nos and Assign- of JV/ Received
S. Sub Ren- Length Fax Nos) ment Associ- by the
N o Consultant dered (Km) (INR) ation) Firm Period
1 2 3 4 5 6 7 8 9
a. ***4/6 lane as applicable for the project for which RFP is invited. Experience of 4/6 lane
shall be considered interchangeably for 4/6 laning projects.
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. The certificate should be issued by an Officer not below the rank of
Executive Engineer.
c. 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. Experience weightage for firms as Lead
partner/JV partner/Associate shall be considered in the same proportion as payment
has been received by the firm towards consultancy work in the project.
d. For weightage of experience in any past Consultancy assignment experience certificate
from the client shall be accepted. In the absence of experience certificate from the
client, proportion of payment received towards Consultancy work duly certified by
statutory body like Chartered Accountant or Independent Auditors who are competent
to do so as recognized by the State concerned shall be accepted. Annual turnover
d u l y certified by Chartered Accountant shall be accepted. In case of non-availability
of such documents no weightage of turnover/experience will be considered.
e. 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 Date of Present
Date of Team members provided
No Assignment the firm Agreement status of
letter of by the firm
if signed Assignment
Acceptance
Sole, Name DOB Position
Lead/
Other in
JV
or sub-
consultant
1 2 3 4 5 6 7 8 9 10
(f) Number of Key Personnel (as defined in RFP) employed with the firm in highway sector with
more than one year from bid submission date:
Number of key personnel employed
Team Leader
Highway Maintenance cum Resident
Engineer
Road
Bridge/Structural Engineer
SECTION 4.FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for Consultancy services for
Authority Engineer for supervision of Rehabilitation & Up gradation of existing two lane to
four lane standards from Duburi to Chandikhole section of (Km.388.000 – Km.427.400) of
NH-200 (New NH-53) including Major Bridge over Brahmani river @ Km.401+250 and
Rehabilitation and Up-gradation of NH-149 from Km.0.000 to 68.280 Km. (Pallahara to
Pitiri Section) to two lanes with paved shoulders under NHDP-IV on EPC Mode in the state
of Odisha.
We, the undersigned, offer to provide the consulting services for the above in accordance with
your Request for Proposal dated , and our Proposal dated ………. while duly examining and
understanding the contents of RFP. 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 …………….
We further certify that in the last 3 years, we or any member of our JV/Associates have neither
failed to perform any contract/ assignment nor have been expelled from any contract/assignment
nor had any contract/assignment terminated for our breach our Proposal is binding upon us. We
understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
Authorized Signatory
Signatory
Name and Addressand of Firm
(Lead Member in case of JV)
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 Consultant have actually visited the site and familiarized with
the salient details/complexities and scope of services.
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) Proposed Quality Audit Methodology and Quality Assurance Plan[not more than 6 pages]
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
Traffic count using ATCC
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
3. In case answer to 1 is outsourced/not available – arrangements made or proposed to
be made for each of the above field investigations is to be attached
4. For experience in NSV, FWD, MBIU and reflectometer, references need to be provided in the
following format:
REFERENCES
RelevantServicesCarriedWhichBestIllustrateQualifications
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:
Assignment Name: Country:
Location within Country: Professional Staff Provided
by your firm:
Name of Client : No. of Staff :
Address : No. of Staff Months :
Technology Used:
Start Date Completion Date Approx. Value of
(Month / Year) (Month / Year) Services :(in INR/current USD):
Name of JV/Association Firm(s)if any: No. of Months of Professional
Staff provided by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:
Signature of Authorized Representative
(Certificate from Employer regarding experience should be furnished)
APPENDIX B-5: COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF
EACH TEAM MEMBER
1. Technical/Managerial Staff
2. Support Staff
Proposed Position :
…………………………………………………………………………………
Name of Firm: .....................................................................
INFRACON ID (Firm)
………………………………………………..………………………..…..
Name of Staff :................................................................ …..
INFRACON ID (Individual)
………………………………………………..………..………….
Profession :..............................................................................................
Date of Birth :
Years with Firm/Entity :................................... Nationality : ..............................
Membership of professional Societies:......................................................... ............
Detailed Task Assigned : .....................................................................................
Name Period
of Assignment Client of
Employ Project in the the Rema
S. No er Post Held Name From To Project Project rk
Education:
[Summarise college/university and other specialized education of staff member, giving their
names, dates attended, and degrees obtained. Use about one quarter of a page.]
Key Qualifications:
[Give an outline of staff member‟s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and
give dates and locations. Use about half a page.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held
by staff member since graduation, giving dates, name of employing organizations, titles of
positions held, and locations of assignments. For experience in last ten years, also give types of
activities performed and client references, where appropriate. Use about three-quarters of a
page.]
Languages:
[For English language indicate proficiency: excellent, good, fair, or poor; in speaking, reading,
and writing]
Summary of Qualification &Experience vis-à-vis the requirements as per TOR
Break-up of experience
Requirements as
per TOR Possessed by the Brief Description Man-months
(Enclosure-B) Staff Member of Project provided
I, the undersigned, (Name and Address) undertake that this CV correctly describes myself, my
qualifications and my experience and NHAI would be at liberty to de barme 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 NHAI nor left any assignment with the consultants engaged by NHAI / contracting firm (firm
to be supervised now) for any continuing work of NHAI without completing my assignment. I will be
available for the entire duration of the current projects (named-----------------
----). If I leave this assignment in the middle of the work, NHAI would be at liberty to de barme
from taking any assignment in any of the NHAI works for an appropriate period of time to be
decided by NHAI. I have no objection if my services are extended by NHAI for this work in future.
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 NHAI projects during the period of
assignment of this project and NHAI shall consider my CV invalid till such time.
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 effect the work of the current assignment.
Name of Likely start Likely end Total input of the
Assignment Date of (Month / (Month / person (man-
Client LOA Year) Year) months)
Note:-
a. Personnel is to affix his recent photograph on first page of CV.
b. Complete address and phone number of the Personnel is to be provided.
c. Document for proof of age is to be enclosed.
d. Document for proof of qualification is to be enclosed.
e. Age of the personnel shall not be more than as specified. f.
Experience Certificates from Employers to be attached.
APPENDIX B-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
st nd rd
1 2 3 4th 5th 6th 7th 8th 9th 10th 11th 12th and Number
Name
Sl.no.
subsequent of
years Months
1 Subtotal
(1)
2 Subtotal
(2)
3 Subtotal
(3)
4 Subtotal
(4)
5 Subtotal
(5)
6 -
APPENDIX B-8 : ACTIVITY (WORKS) SCHEDULE
A. Activity Schedule
2 Quarterly Reports
Various others reports as provided in the Concession
3
Agreement such as Completion Report
APPENDIX B-9: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND
EXPERIENCE CLAIMED BY THE FIRMS
I, the under signed on behalf of (name of the Consultant submitting the proposal), do
hereby certify that the details furnished in this proposal including CV of key personnel and
experience claimed by the firm/firms are true and correct to the best of my knowledge and belief.
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 NHAI)
Tender No.
and
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s for
“Consultancy services for Authority Engineer for supervision of Rehabilitation & Up gradation of
existing two lane to four lane standards from Duburi to Chandikhole section of (Km.388.000 –
Km.427.400) of NH-200 (New NH-53) including Major Bridge over Brahmani river @
Km.401+250 and Rehabilitation and Up-gradation of NH-149 from Km.0.000 to 68.280 Km.
(Pallahara to Pitiri Section) to two lanes with paved shoulders under NHDP-IV on EPC Mode in
the state of Odisha”. 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/ or Contractor(s)/Contractor(s)/ Consultant(s).
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:-
a. No employee of the Principal, personally or through family members, will in connection with the
tender for, or the execution of a contract, demand, take a promise for or accept, for self, or third
person, any material of immaterial benefit which the person is not legally entitled to.
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, whose conduct in the past
has been of biased nature.
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.
The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) commit himself to take all measures
necessary to prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
a. The Bidder(s)/ Contractor(s)/ Contractor(s)/ Consultant(s) will not, directly or through any other
person or firm, offer, promise or give to any of the Principal‟s employees involved in the tender
process or the execution of the contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
b. The Bidder(s)/ Contractor(s)/ Contractor(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 contracts, 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)/ Contractor(s)/ Consultant(s) will not commit any offence under the
relevant IPC/PC Act and other Statutory Acts; further the Bidder(s)/ Contractor(s)/ Contractor(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)/ Contractor(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)/ Contractor(s)/ Consultant(s) will not instigate third persons
to commit offences outlined above or be an accessory to such offences.
g. The Bidder(s)/ Contractor(s)/ Contractor(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.
4. The Bidder/ Contractor/ Contractor/ Consultant 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/ Contractor/ Contractor/ Consultant shall be final
and binding on the Bidder/ Contractor/ Contractor/ Consultant.
6. On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder/ Contractor/ Contractor/ Consultant shall not be entitled for any
compensation on this account.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Contractor/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Contractor/ Consultant can prove that he has restored/ recouped the damage caused by
him and has installed a suitable corruption prevention system in his organization.
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-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.
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.
Article-6 Equal treatments o f all Bidders/ Contractors/ Contractors/ Consultants/
Subcontractors.
2. The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Contractors/ Consultants and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions.
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 contractor 24 months after his concession
period is over and for all other unsuccessful Bidders 6 months after this Contract has been
awarded. 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.
1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi
5. 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.
6. The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the extant 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 the Bidder/ Contractor/ Contractor/
Consultant )
(Office Seal )
Place
Date
Witness 1 :
Witness 2 :
Total 35
Anneuxre-A-2
Evaluation Sheet (Adequacy of the Proposed Approach and Methodology)
Reference/Details ofMarks self-
Maximum
Description projects Claimed forassessed by the
Marks
self-assessment bidder
Site Appreciation 1
(i) Average 0.50
(ii) Good 0.75
(iii) Very Good 1.00
Quality of Approach and 2
Methodology (Review of scope of
work and design review, construction
supervision methodology, contract
management
approach, safety review/audit and
O&M stage, initial view on project
plan including key challenges
envisaged and potential solutions to
be judged).
(i) Average 0.75
(ii) Good 1.50
(iii) Very Good 2.00
Quality Audit Methodology and 2
Quality Assurance Plan
(i) Average 0.75
(ii) Good 1.50
(iii) Very Good 2.00
Total Marks 5
Anneuxre-A-3
Evaluation sheet for assessment of experience in use of technology for road inspection
3 Own an equipment/MOU 4
with Associate - 2
1-3 projects -3 (2+1)
>3 projects -4 (2+2)
< 3 years -0
3 years -30
Add 2.5 marks extra for each additional year of
experience subject to maximum 5 (five) marks.
1 project -20
Add 2.5 marks extra for each project to
maximum 5 (five) marks.
3 Employment with the Firm 5
< 1 year -0
1 year -3
Add 0.5 marks for each subsequent year
subject to maximum 2 marks
Total 100
*Similar Capacity includes the following positions
i. On behalf of Consultant: Highway Engineer/ Highway Maintenance Engineer/ Resident
Engineer (Construction Supervision/IE)
ii. On behalf of Contractor: Highway Engineer / Project Manager
(Construction/Construction Supervision)
iii. In Government Organizations: Executive Engineer (or equivalent)and above
In case of experience on behalf of Consultant 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.
Annexure-A-4-3
Evaluation Sheet - Road Safety Expert
S. Max.
No. Description Marks Name of Firm… Remark
1 General Qualification/Name/DOB 25 Name of Road
Safety Expert:
Graduate in Civil Engineering along with 15 25
days certified from MoRTH/IIT/IAHE road
safety audit course - 21 marks
Post-Graduation in Traffic/Transportation/Safety
Engineering- 04 marks
2 Adequacy for the project 70
Professional Experience
i) Total Professional Experience 30
<7years -0
7years -22
Add two mark extra for each additional year
of experience subject to maximum 8 (eight)
marks.
ii) Experience in similar capacity in Road Safety 20
Works of Major Highway Projects (4/6 laning
Projects)
< 3years -0
3years -17
Add one mark extra for each additional year of
experience subject to maximum 3(three)
marks.
iii) Experience in similar capacity in Road Safety
Audit of 4/6 lane highway/Expressway projects.
1 nos. -12
15
Add 1 (one) mark extra for each additional
project subject to maximum 3(three) marks.
1project -3marks
More than one project - 5 marks
3 Employment with the Firm 5
< 1 year - 0
1 year - 3
Add 0.5 marks for each subsequent year
subject to maximum 2 marks
Total 100
1 Project -16
Add1 (one) mark extra for each additional
project subject to maximum 4 (four) mark
3 Employment with the Firm 5
< 1 year -0
1 year -3
Add 0.5 marks for each subsequent year
subject to maximum 2 marks
Total 100
Note:
(1) Similar Capacity includes the following positions
(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 Consultant 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.
Note:
(1) Similar Capacity includes the following positions
(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 Consultant 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 anyfake
information/CV, which may result in debarment.
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 Consultant 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.
Stage of Project: Under Implementation / O&M of Completed Project (Please Select one):
(iii) Details of all in-hand AE/IE projects or AE/IE projects awarded by NHAI for NH works:
Sl. Project Start Date Scheduled Civil Works In case of Technical
no. Description Completion Provisionally JV, share Capacity utilized
completed or of Contract after applying JV
Original Fee (%) share as per Note
assignment 2
period + one
year lapsed
(Yes/No)
1 2 3 4 5 6 7
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 DPR 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 work is issued, whichever is earlier, the consulting firm/ JV was not at default on
these project assignments.
Date: ........................ (dd/mm/yyy)
(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 projects Total Remaining Capacity
Annual Professionals to be allotted to one ongoing/awarded for new projects
Turnover of on full time particular consultant Projects (nos.) (nos.)
firm in last 3 rolls (minimum including ongoing
FY (From from last one projects at a time in
consultancy year) with the NHAI
works) consultancy
firm
Total DPR IE/AE Total DPR IE/AE Total DPR IE/AE
Note 1:
The figures in Col 5 be rounded off to the nearest integer i.e. in case remaining bid-capacity comes to
0.5 or more then it will be considered as 1, in case less than 0.5 then 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 uitlization will be calculated on
the basis of JV Share in existing assignment e.g.
JV in one project with 30% share:- One projects x 0.3 = 0.3
JV in one project with 70% share:- One projects x 0.7 = 0.7
JV in one project with 50% share:- One projects x 0.5 = 0.5
JV in one project with 80% share:- Two projects x 0.8 = 1.6
Note 3 :
The Consultant shall re-submit the bid capacity details as per above format at the time of opening of
Financial Bid.
Illustration for Determination of Technical Capacity (Sole)
Note: The figures in Col 5 be rounded off to the nearest integer i.e. in case remaining bid-capacity
comes to 0.5 or more then it will be considered as 1, in case less than 0.5 then it will be considered as
0 (Zero).
Technical Capacity of Joint Venture of Firm-1 & Firm-2 (for different combinations of consultancy
fee share)
Note: The figures in Col 5 be rounded off to the nearest integer i.e. in case remaining bid-capacity
comes to 0.5 or more then it will be considered as 1, in case less than 0.5 then 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 be considered as responsive.
SECTION 5 FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
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.
The work includes six months Construction period of Duburi- Chandikhole section
of NH-53 (except Brahmani Bridge), 24 Months construction period of Brahmani
Bridge and 48 Months Operation and Maintenance Period of Duburi Chandikhole
section (including Brahmani Bridge*) & Pallahara – Pitiri section.
*The O&M period of Brahmani Bridge may vary as per the construction period subject to the
condition that the combined Construction and O&M period shall be limited to 54 months.
54 Months
Man Month
Man Month
No. Position Name in operation
in
and Rate Amount
construction
maintenance
period
period
Key Personnel
(Professional Staff)
Team Leader cum
1. 6 12
Highway Engineer
Highway Maintenance
2 6 48
Cum Resident Engineer
3 Road Safety Expert 8 12
4 Bridge/Structural Engineer 24 12
Sub – Total 44 84
Sub-professional
1. Survey Engineer TBN 6 24
Assistant Quality cum
2 TBN 24 0
Material Expert
Assistant Highway
3 TBN 6 96
Maintenance Engineer
4 Electrical Engineer TBN 3 6
5 Assistant Bridge Engineer TBN 24 0
Horticulture cum TBN
6 2 18
landscaping Expert
7 Quantity Surveyor TBN 18 12
8 ATMS /Toll Expert TBN 2 2
Total 85 158
TBN = To Be Named*
The man-month against each key personnel/sub – professional shall be same as
specified in Enclosure A.
2 Accountant-cum- TBN 54
3 Cashier
Steno-Cum- TBN 54
4 Computer Operator
Office Boy TBN 54
Total: 216
Note: Billing rates as indicated above shall be increased in accordance with 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 subsequent increase in the billing rates.
III. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers, operation,
maintenance, repairs, insurance, etc. for all complete approx. 4000km/month run. (The vehicles
shall not be more than 3 years old.)
The requirement of vehicles be assessed and details provided in the table below:
Requirements
Rate/ Vehicle-
Qty. (No. of vehicle- month)
Month
Description of
During
Vehicles During Construction
Maintenance
period
Period
Innova/ Scorpio or
24 48
equivalent
Ambassador /
24 96
Indica or equivalent
Total 48 144
IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff
Amount
Trips Number of Trips Rate* (Rs.)
Site to NHAI HQ, New Delhi 5 round trips
* Rate quoted includes Hotel charges (lodging & boarding), travel cost etc. complete
for one person.
V. Office Rent (Fixed Costs) – Minimum 200 sqm area of office shall be rented.
The office shall be located at Dhenkanal and the office rent includes electricity and water charges,
maintenance, cleaning, repairs, security etc. complete.
The cost shall include of office supplies, drafting supplies, computer running cost, domestic and
international communication etc. as required for office functioning.
The cost shall include rental charges towards all such furniture and equipment as required for
proper functioning of the 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, 600 x 600 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.
No of times
Rate
survey to Amount
Item Km per km
be (INR)
(INR)
conducted
Surface defects detection and roughness
9
measurement using network survey vehicle
Pavement strength measurement using FWD
5
Bridge inspection using mobile bridge inspection 9
unit
Road signs inspection using Retro 9
Reflectometer
Traffic sampling using ATCC 9
1. Scope
1.1 These Terms of Reference for the Authority‟s Engineer (the “TOR”) are being
specified pursuant to various Contract Agreements entered into between the Authority
and Consultancy services for Authority Engineer for supervision of Rehabilitation &
Up gradation of existing two lane to four lane standards from Duburi to Chandikhole
section of (Km.388.000 – Km.427.400) of NH-200 (New NH-53) including Major
Bridge over Brahmani river @ Km.401+250 and Rehabilitation and Up-gradation of
NH-149 from Km.0.000 to 68.280 Km. (Pallahara to Pitiri Section) to two lanes with
paved shoulders under NHDP-IV on EPC Mode in the state of Odisha.
Project Length
(Km) / Total Assignment
S. NH Project Cost period
No. Consultancy Package No. State Project Stretch (Cr.) (months)
1 Consultancy services for NH-53 Odisha Km.388+000 – 107+600 Km 6 Months
Authority Engineer for & NH- Km.427+400 & construction
supervision of 149 Km.0+000 to period and 48
Rehabilitation & Up Km.68+200 months
gradation of existing two Maintenance
lane to four lane standards period
from Duburi to
Chandikhole section of
(Km.388.000 –
Km.427.400) of NH-200
(New NH-53) including
Major Bridge over
Brahmani river @
Km.401+250 and
Rehabilitation and Up-
gradation of NH-149 from
Km.0.000 to 68.280 Km.
(Pallahara to Pitiri
Section) to two lanes with
paved shoulders under
NHDP-IV on EPC Mode in
the state of Odisha
2 Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters used in this TOR 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 references 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.
The role and functions of the Authority‟s Engineer shall include the following:
ii. Pavement c o n d i t i o n survey for the entire stretch for the entire including plan and profile
and working out required pavement strengthening measures and improvements.
iii. Condition survey of all existing structures and working out strengthening measures.
iv. Cost valuation of proposed items/ works after conducting survey examination of
completer stretch
v. Preparation of RFP document
vi. ReviewoftheDrawingsanddocumentsassetforthinPara4;
viii. Review, inspection and monitoring of Construction Works as set forth in Paragraph5;
ix. Conducting tests on completion of construction and issuing Completion Certificate as set
forth in Paragraph 5;
x. Review, inspection and monitoring of O&M as set forth in Paragraph
xi. Review, inspection and monitoring of Divestment Requirements as set forth in Paragraph7;
xii. Determining, as r e q u i r e d under the Agreement, the costs o f any works or services
and/or their reasonableness;
xiii. Determining, as required under the Agreement, the period or any extension thereof, for
performing any duty or obligation;
xiv. providing all requisite data on monthly basis in Monthly Progress Report (MPR) within a
period of 7 days from the close of month, as required by Authority, for updating the
project specific website and PMIS substantially in the format prescribed at Annexure –
III.
xv. Assisting the Parties in resolution of disputes as set forth in Paragraph-9; and
xvi. Carrying out minor design works such as design of drainage, blackspot removal design,
etc as per the requirements; and
xvii. Undertaking all other duties and functions in accordance with the Agreement.
xviii. Provide assistance in dealing disputere solution/ arbitration case/ court case pertain to
the project highway even from the commencement of construction of the (4 lane)
project.
xix. To perform the function/duties as directed by the PIU/Authority for the
project stretch without any additional cost.
b. 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.
c. The Authority‟s Engineer shall also perform following functions.
ii. to recommend issue of interim certificates for progress payments within 14 days of the
receipt of bill. If the P r oj e ct Director is satisfied about inordinate delay on part of Authority‟s
Engineer , a penalty of Rs. 10,000/- or 0.5% of the monthly amount payable to the Authority‟s
Engineer whichever is higher shall be levied on this account.
iii. to maintain records, test data, details of variations, correspondence and diaries in the
formats approved/ specified by the Employer;
iv. to examine and attend the measurement of any work which is about to be covered up or put
out of view before permanent work is placed thereon and / or examined and attend
the measurement of the completed works in the prescribed form;
vi. to maintain a day-to-day diary which shall record all events pertaining to the
administration of the Contract, request forms and orders given to the contractor and any
other information which may at a later date be of assistance in resolving queries which
may arise concerning execution of the works;
vii. to submit the specific reasons for negative/ positive variations in the various items of the
BOQ
viii. to prepare BOQ along with estimate and rate analysis based on the
surveys/studies/audits for the future O&M contract and additional project facilities in
consultation with clients representatives and submi t it to the NHAI, HQ at least
4months before the expiry of the contract. Consultant should submit three copies for
the BOQ.
ix. Supervising the obligation of the Toll Collection agency including verifying the toll
collection and other mandatory requirements as per contact with toll collection agency.
x. The hiring cost of equipments and all other ancillary items shall be part of the contract
price for the obligations of Authority‟s Engineer under Clause3.
4. Review of Drawings and Documents
4.1 The Authority‟s Engineer shall undertake a detailed review of the Drawings to be
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 traffic surveys. The Authority‟s Engineer shall complete
such review and send its comments/observations to the Authority and the Contractor
within 15 (fifteen) days of receipt of such Drawings. In particular, such comments shall
specify the conformity or otherwise of such Drawings with the scope of the Project and
Specifications and Standards.
4.2 The Authority‟s Engineer shall review any modified Drawings or supporting Documents
sent to it by the Contractor and furnish its comments within 7 (seven) days of receiving
such Drawings or Documents.
4.3 The Authority‟s Engineer shall review the Drawings sent to it by the Safety Consultant in
accordance with Schedule-H and furnish its comments thereon to the Authority and the
Contractor within 7 (seven) days of receiving such Drawings. The A u t h o r i t y ‟ s
E n g i n e e r shall also review the Safety Report and furnish its comments thereon to the
Authority within 15 (fifteen) days of receiving such report.
4.4 The Authority‟s Engineer shall review the detailed design, construction methodology,
quality assurance procedures and the procurement, engineering and construction time
Schedule sent to it by the Contractor and furnish its comments with 15 (fifteen) days of
receipt thereof.
4.5 Upon reference by the Authority, the Authority‟s Engineer shall review and comment on the
EPC Contract or any other contract for operation and maintenance of the Project Highway,
and furnish its comments within 7 (seven) days from receipt of such reference from the
Authority.
5. Construction Works
5.1 In respect of the Drawings, Documents and Safety Report received by the Authority‟s
Engineer for its review and comments relating to the Construction Works, the provisions
of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Authority‟s Engineer shall review the monthly progress report f u r n i s h e d by the
Contractor and send its comments thereon to the Authority and the Contractor within 7
(seven) days of receipt of such report.
5.3 The Authority‟s Engineer shall inspect the Construction Works and the Project Highway once
every month, preferably after receipt of the monthly progress report from the Contractor,
but before the 20th (twentieth) day of each month in any case, and make out a report of
such inspection (the “Inspection Report”) 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‟s Engineer shall describe in reasonable detail the lapses, defects
or deficiencies observed by it in the construction of the Project Facilities. The Inspection
Report s h a l l also contain a review of the maintenance of the existing lanes in conformity
with the provisions of the Agreement. The Authority‟s Engineer shall send a copy of its
Inspection Report to the Authority and the Contractor within 7 (seven) days of the
inspection.
5.4 The Authority‟s Engineer may inspect the Project Highway more than once in a month if
any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards, the
Authority‟s Engineer shall require the Contractor to carry out, or cause to be carried
out, tests on a sample basis, to be specified by the Authority‟s Engineer in accordance
with Good Industry Practice for quality assurance. For purpose of this Paragraph 5.5, 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 MoRTH (the “Quality Control Manuals”) or any modification/substitution
thereof shall be deemed to be tests conforming to Good Industry Practice for quality
assurance. The Authority‟s Engineer shall issue necessary directions to the Contractor
for ensuring that the tests are conducted in a fair and efficient manner, and shall monitor
and review the results thereof.
5.6 The sample size of the tests to be specified by the Authority‟s Engineer under Paragraph
5.5 shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for
each category or type of tests in the Quality Control Manuals; provided that the
Authority‟s Engineer may, for reasons to be recorded in writing, increase the
aforesaid sample size by up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, 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.
5.8 In the event that the Contractor carries out any remedial works for removal or rectification of
any defects or deficiencies, the Authority‟s Engineer shall require the Contractor to
carry out, or cause to be carried out, tests to determine that such remedial works have
brought the Construction Works into conformity with the Specifications and Standards, and
the provisions of this Paragraph 5 shall apply to such tests.
5.9 In the event that the Contractor fails to achieve scheduled progress of the project, 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 any Project Facility is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicate within 15 (fifteen) days the steps
proposed to be taken to expedite progress, and the period within which completion 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.
5.10 If at any time during the Concession Period, the Authority‟s Engineer determines that
the Contractor 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.
5.11 In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and Users, it may, by notice in writing, require the Authority‟s
Engineer to inspect such works, and within 3 (three) days of receiving such notice, the
Authority‟s Engineer shall inspect the suspended works and make a report to the
Authority forthwith recommending whether or not such suspension may be revoked by the
Authority.
5.12 If suspension of Construction Works is for reasons not attributable to the Contractor, the
Authority‟s Engineer shall determine the extension of dates set forth in the Project
Facilities Completion Schedule, to which the Contractor is reasonably entitled, and shall
notify the Authority and the Contractor of the same.
5.13 The Authority‟s Engineer shall issue a Completion Certificate upon completion of each
Project Facility and Major Maintenance Work, if any, specified under and in accordance with
this Agreement.
5.14 Upon reference from the Authority, the Authority‟s Engineer shall make a fair and
reasonable assessment of the costs of providing information, works and services as
directed by Authority and certify the reasonableness of such costs for payment by the
Authority to the Contractor.
5.15 The Authority‟s Engineer shall aid and advise the Contractor in preparing the
Maintenance Manual.
6.1 The Authority‟s Engineer shall review the annual Maintenance Programme furnished by the
Contractor and send its comments thereon to the Authority and the Contractor within 15
(fifteen) days of receipt of the Maintenance Programme.
6.2 The Authority‟s Engineer shall review the monthly status 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.
6.3.1 The Authority‟s Engineer shall carry out visual inspection of entire highway stretch as
per the frequency defined in the following table
Frequency of
Nature of defect or deficiency
inspection
ROADS
Daily
(viii) Removal of debris
(c) Road side furniture including road signs and pavement marking
(iv) Removal of vegetation affecting sight line and road structures Weekly
BRIDGES
(vii) Growth of vegetation affecting the structure or obstructing the waterway Weekly
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 I and II of this document respectively. Manpower which needs to conduct
visual inspection and mode of reporting is defined in the following table.
6.3.4 The Consultant shall also be responsible for inspection and monitoring of Wayside
Amenities, ETC (Electronic Toll Collection), ATMS (Advanced Traffic Management
System) and incident management.
6.3.5 High resolution photographs and vi deo 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.
6.4.1 The carrying out of condition surveys will be one of the most important and crucial field tasks
under the project. The A u t h o r i t y ‟ s E n g i n e e r shall carry o u t condition surveys using
equipment and following a frequency as defined under.
Falling Weight
3 Strength of pavement At least once a year
Reflectometer (FWD)
The first equipment based inspection shall be conducted within 30 days of appointed date of the
Authority‟s Engineer . 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.
Calibration of equipment, wherever needed, is required to be done in presence of Competent
Authority. Once approval of equipment, the settings and a sample data set is provided by
Competent Authority, network level data for entire project stretch can be collected. Month of
survey for each state has been defined in Annexure IV of this document.
Length
Cracking Width
Depth
Area
Potholes
Depth
Indicator
Raveling %
Area
Depth
Rutting
Width
Surface defect Dimensions to be reported
ii. The following criteria shall be met by the process of defects detection
ii. The interval at which deflection measurements are to be taken up are as per IRC:115-
2014. 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‟s 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. The following criteria shall be met by the process of road signs retro reflection measurement
Measurement of retroreflective 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/m 2
iii. The following are the set of deliverables which should be submitted after completion of
survey as part of Monthly Progress Report
System generated coefficient of retro reflected luminance RA (nighttime retro reflection)
of all road signs
Interpretation report covering analysis of road signs falling in different range of R A
and actions to be taken
Before validation and calibration, the ATCC system shall meet the following accuracy levels:
a) Classification of vehicles: better than 90%
b) Counting of vehicles: better than 95%
For verification of above accuracy levels, audit of raw ATCC shall be done by the consultant
on a sampling basis and should submit a certificate in this regard.
ii. ATCC systems such as Pneumatic Tube Detector, Inductive Detector Loop, Video
Image Detection, and Infrared Sensor or latest technologies shall be adopted.
iii. The classified traffic volume count surveys shall be carried out for 7 days (continuous,
direction-wise)at the selected survey stations. The vehicle classification system as given
in relevant IRC code may be followed. However, the following generalized classification
system is suggested in view of the requirements of traffic demand estimates and
economic analysis:
iv. All results shall be presented in tabular and graphical form. The survey data shall be analyzed
to bring out the hourly and daily variations. The traffic volume count per day shall be
averaged to show a weekly average daily traffic (ADT) by vehicle type. The annual
average daily traffic (AADT) shall be worked out by applying seasonal factors.
6.5 The Authority‟s Engineer shall carry out following inspections of ETC lanes at toll plazas
on a month basis:
(a) 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/NHAI technical
specifications and requirements
b) 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‟s Engineer shall prepare a Monthly Status Report in respect of its duties
and functions under this Agreement and in accordance with the format prescribed in
Annexure III. 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 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.
10 Annexures
6.7 The Authority‟s Engineer shall in its O&M Inspection Report 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 the remedial measures, if any, taken by the
Contractor in this behalf.
6.9 The Authority‟s Engineer shall determine if any delay has occurred in completion of repair
or remedial works in accordance with the Agreement, and shall also determine the
Damages, if any payable by the Contractor to the Authority for such delay.
6.10 The Authority‟s Engineer shall examine the request of the Contractor for closure of any
lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the
need to minimize disruption in traffic and the time required for completing such
maintenance/repair in accordance with Good Industry Practice. It shall grant permission with
such modifications, as it may deem necessary, within 3 (three) days of receiving a request
from the Contractor. Upon expiry of the permitted period of closure, the Authority‟s
Engineer shall monitor the re-opening of such lane(s), and in case of delay,
determine the Damages payable by the Contractor to the Authority as per Contract
Agreement.
6.11 The Authority‟s Engineer shall monitor and review the curing of defects and deficiencies
by the Contractor as per Contract Agreement.
6.12 In the event that the Contractor notifies the Authority‟s Engineer of any modifications that
it proposes to make to the Project Highway, the Authority‟s Engineer shall review the
same and send its comments to the Authority and the Contractor within 15 (fifteen) days of
receiving the proposal.
6.13 On requirement, the Authority‟s Engineer shall carry out minor design works such as
design of drainage, blackspot removal design, etc.
The Authority‟s Engineer shall undertake traffic sampling, as and when required by the
Authority
7. Termination
7.1 At any time, not earlier than 90 (ninety) days prior to Termination but not later than 15
(fifteen) days prior to such Termination, the Authority‟s Engineer shall, in the presence of
a representative of the Contractor, inspect the Project Highway for determining compliance
by the Contractor with the Divestment Requirements set forth in Clause30.1 and, if required,
cause tests to be carried out at the Contractor‟s cost for determining such compliance.
7.2 The Authority‟s Engineer shall inspect the Project Highway once in every 15(fifteen) days
during a period of 90 (ninety) days after Termination for determining the liability of the
Contractor in respect of the defects or deficiencies. If any such defect or deficiency is found
by the Authority‟s Engineer , it shall make a report in reasonable detail and send it forthwith
to the Authority and the Contractor.
8.1 The Authority‟s Engineer shall determine the costs, and/or their reasonableness, that are
required to be determined by it under the Agreement.
8.2 The Authority‟s Engineer shall determine the period, or any extension thereof, that is
required to be determined by it under the Agreement
9.1 When called upon by either Party in the event of any Dispute, the Authority‟s Engineer shall
mediate and assist the Parties in arriving at an amicable settlement.
9.2 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.
10.1The Authority‟s Engineer shall perform all other duties and functions specified in the
Agreement.
11. Miscellaneous
11.1All key personnel and sub professional staff of the Authority‟s 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‟s 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 upto 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.
11.2The Authority‟s Engineer shall notify its programme of inspection to the Authority and to
the Contractor, who may, in their discretion, depute their respective representatives to be
present during the inspection.
11.4The Authority‟s Engineer shall obtain, and the Contractor shall furnish in two copies
thereof, all communications and reports required to be submitted under this Agreement by
the Contractor to the Authority‟s Engineer , whereupon the Authority‟s Engineer shall
send one of the copies to the Authority along with its comments thereon.
11.5The Authority‟s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including „as-built‟ Drawings and keep in its safe custody.
11.6Upon completion of its assignment hereunder, the Authority‟s Engineer shall duly classify
and list all Drawings, Documents, results of tests and other relevant records, and hand them
over to the Authority or such other person as the Authority may specify, and obtain written
receipt thereof. Two copies of the said documents shall also be furnished in micro film form
or in such other medium as may be acceptable to the Authority.
Enclosure-A
The work includes six months Construction period of Duburi- Chandikhole section of NH-53
(except Brahmani Bridge), 24 Months construction period of Brahmani Bridge and 48 Months
Operation and Maintenance Period of Duburi Chandikhole section (including Brahmani
Bridge*) & Pallahara – Pitiri section.
*The O&M period of Brahmani Bridge may vary as per the construction period subject to the
condition that the combined Construction and O&M period shall be limited to 54 months.
54 Months
Man Month in Man Month in
No. Position Name construction operation and
period maintenance period
Key Personnel
(Professional Staff)
Team Leader cum Highway
1. 6 12
Engineer
Highway Maintenance
2 6 48
Cum Resident Engineer
4 Road Safety Expert 8 12
5 Bridge/Structural Engineer 24 12
Sub – Total 44 84
Sub-professional
1. Survey Engineer TBN 6 24
Assistant Quality cum Material
2 TBN 24 0
Expert
Assistant Highway
3 TBN 6 96
Maintenance Engineer
4 Electrical Engineer TBN 3 6
5 Assistant Bridge Engineer TBN 24 0
Horticulture cum landscaping TBN
6 2 18
Expert
7 Quantity Surveyor TBN 18 12
8 ATMS /Toll Expert TBN 2 2
Total 85 158
Note:
95
1. The Team Leader may not be required every day as they handle assignments on other projects
also running concurrently. However, their presence would be required at least for a week
every month. The man-months for the Team Leader have been indicated accordingly.
2. The Contract Specialist and Financial Analyst 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 Contract
Specialist and Financial Analyst shall be paid at the average of the rates quoted for Key
Personnel listed at Sl. No. 2, 3 & 4 above.
96
3. The qualification and experience of Sub Professional staff would not be accounted in the
evaluation. However, Consultant shall have to get their CVs approved from NHAI before
mobilization. The other inputs like support staff shall also be provided by the Consultant of
an acceptable type commensurating with the roles and responsibilities of each position.
4. The S. No. 1,3,4,6,of sub professional staff will be mobilized as per requirement of PIU, Dhenkanal.
Enclosure
B
MINIMUM QUALIFICATION OF KEY P E R S O N N E L & S U B PROFESSIONAL
STAFF QUALIFICATION OF KEY PERSONNEL
1. EssentialQualifications.
1. EssentialQualifications.
i. Graduate in Civil Engineering from a recognized University.
ii. ProfessionalExperienceof7yearsinhighwayworks
(inspection/design/construction/maintenance).
iii. Experience of at least 3 years in similar capacity in Highway
Construction/Maintenance works of similar nature
2. Out of 3 years as in (iii) above at least one project should involve works of 4/6
laning/expressways or similar project
3. PreferentialQualifications.
2. PreferentialQualifications.
1. Essential Qualifications.
i. Graduate in Civil Engineering from a recognized University.
ii. Professional Experience of atleast 10 years in handling Highway projects.
iii. Minimum 5 years experience in Road Safety works of Major Highway Projects (4 /
6laning projects)
iv. 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.
v. Experience in similar capacity in the field of Road Safety Management Plan
vi. It is mandatory for the Road Safety Expert to have completed at least 15 days certification
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 that herein that the certification
training course may be either from a single institution or from multiple institutions.
2. Preferential Qualifications
i. Post Graduate Degree in Traffic/Transportation/Safety Engineering.
ii. Experience in similar capacity in identification and improvement of black spots on
Major Highway Project.
iii. Experience in similar capacity in Preparation of Road Safety Management Plan for inter
urban Highways.
The Candidate should be either Graduate in Civil Engineering with 3 years experience in
highways or Diploma in Civil Engineering with 7 years experience in highways. He should have
handled at least one highway project of similar nature.
CAD EXPERT
ELECTRICAL ENGINEER
The Candidate should be a Graduate in Electrical Engineering. He should have at least 6 years
professional experience.
HORTICULTURE EXPERT
QUANTITY SURVEYOR
Breach or blockade
Pot holes
Removal of debris
(vi) Bleeding/skidding
Ravelling/Stripping of
(vii) bitumen surface exceeding
10 sqm
Damage to pavement edges
(viii)
exceeding 10 cm
(ix) Removal of debris
Hard/earth shoulders, side slopes,
(b)
drains and culverts
Variation by more than 2% in
(i) the prescribed slope of
camber/cross fall
Edge drop at shoulders
(ii)
exceeding 40 mm
Variation by more than 15%
(iii) in the prescribed side
(embankment) slopes
(iv) Rain cuts/gullIEs in slope
Damage to or silting of
culverts and side drains
(v)
during and immediately
preceding the rainy season
Desilting of drains in
(vi)
urban/semi-urban areas
Road side furniture including road
(c)
signs and pavement marking
Damage to shape or
(i) position; poor visibility or
loss of retro-reflectivity
(d) Street lighting and telecom (ATMS)
Defect If defect Compliance of IE
found found, previous defect Remarks
Nature of defect or deficiency
(Yes/No) Chainag (Yes/No/NA)
e & side
Any major failure of the
(i)
system
(ii) Faults and minor failures
(e) Trees and plantation
Obstruction in a minimum
head-room of 5 m above
(i)
carriageway or obstruction in
visibility of road signs
Deterioration in health of
(ii) trees and bushes
Replacement of trees and
(iii)
bushes
Removal of vegetation
(iv) affecting sight line and road
structures
(f ) Rest areas
(i) Cleaning of toilets
Defects in electrical, water and
(ii) sanitary installations
(g) Toll plaza[s]
Failure of toll collection
(i) equipment including ETC or
lighting
BRIDGES
Defect If defect Compliance of IE
found found, previous defect Remarks
Nature of defect or deficiency
(Yes/No) Chainag (Yes/No/NA)
e & side
(a) Superstructure of bridges
(i) Cracks
(ii) Spalling/IEaling
(b) Foundations of bridges
(i) IE ouring and/or cavitation
PIErs, abutments, return walls and
(c)
wing walls of bridges
Cracks and damages
(i) including settlement and
tilting
(d) Bearings (metallic) of bridges
(i) Deformation
Loosening and
(i)
malfunctioning of joints
(f) Other items relating to bridges
Deforming of pads in
(i) elastomeric bearings
Gathering of dirt in bearings
and joints; or clogging of
(ii)
spouts, weep holes and vent-
holes
Damage or deterioration in
(iii) parapets and handrails
Rain-cuts or erosion of banks
(iv) of the side slopes of
approaches
(v) Damage to wearing coat
Damage or deterioration in
approach slabs, pitching,
(vi) apron, toes, floor or guide
bunds
Defect If defect Compliance of IE
found found, previous defect Remarks
Nature of defect or deficiency
(Yes/No) Chainag (Yes/No/NA)
e & side
Growth of vegetation
(vii) affecting the structure or
obstructing the waterway
National Highways Authority of India RFP for IE during O&M Period
[NAME&LOGOOFIMPLEMENTINGAGENCY]
Authority‟s Engineer
[NAME OF CONSULTING FIRM]
1. Executive Summary
1.1. Overall road condition
Road condition LHS RHS
Satisfactory road condition 40 km 20 km
Poor road condition 50 km 70 km
Total length of project 90 km 90 km
Main report
2. Project Overview
2.1. Key project details
Project Name
NH no (New/Old)
Mode of the Project
No. of Lanes
Length of the Project
Total Project Cost
Contractor/ Contractor
Date of Award (LOA date)
Appointed Date
Commercial Operation Date (COD)
Concession Period
O&M Period
Authority‟s Engineer
IE Agreement Date
IE Mobilization Date
IEScheduled Completion Date
IE EOT (Extension Of Time)
All figures and graphs in templates are
illustrative. Please add actual details.
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
All figures and graphs in templates are
illustrative. Please add actual details.
1 No of flyovers 2
2 Service Road 45
3 ROBs 5
5 RUBs 0
7 No of Bypass 7
8 Length of Bypass 43
9 No of Major Bridges 7
10 No of Minor Bridges 67
11 No of Culvert 640
12 No of VUP 16
15 No of Toll Plaza 3
17 No of Truck Laybye 30
19 No of Wayside Amenities 0
affected due to
Expected Date
resolving
by
affected (km)
Ongoing/New
Concerned
suggested
Authority
Action(s)
Action(s)
the issue
Length
issue
Issue
Issue
SNo
for
IE
1 Drying Ongoing Contractor 325+200 to 2.6 Irregular Replaceme NA
up of 327+800 watering nt of plants
plants on and daily
median watering
Work Work
done done
upto during
previous reporting
SNo Description Unit Total month month Balance Remarks
2 Hard/Earth Shoulders
4 Road furniture
(b) Nos
6
(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
(c ) Bridges
4. Inspection Report
4.1. Summary of NCR issued
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
4.2. Equipment based inspection report
Bituminous E1
Bleeding (cm)
Potholes (cm)
Texture depth
Raveling (cm)
Rutting depth
(International
Lane number
SubGrade E3
Cracks (cm)
Granular E2
Roughness
Resistance
Chainage
Modulus
Modulus
Modulus
Ending
Elastic
Elastic
Elastic
Index)
(mm)
(mm)
(mm)
Skid
IRI
0.000 0.500 L1 2X10 20X35 2.5X1.2 4X12 25 1.4 4.23 7110 34 14
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
o Cracks
o Potholes o
Raveling o
Bleeding o
Rutting
o Texture depth
o Skid resistance
o Roughness (IRI)
Falling Weight Deflectometer (FWD) report capturing following key metrics of pavement strength
o Deflection Bowl (TransIEnt Deflections at seven different points)
o Corrected Elastic Modulus Bituminous E1
o Corrected Elastic Modulus Granular E2
o Corrected Elastic Modulus Subgrade E3
o Subgrade CBR
o Bituminous layer coefficient A1
o Base layer coefficient A2
o Granular base layer coefficient A3
o Modified structural number
Mobile Bridge Inspection Report (MBIU) capturing following key metrics of bridges
o Condition Approach
o Condition Signs o
Condition Debris o
Condition Joint
o Condition Deck
o Condition Rails
o Condition Protect
o Condition Stream
o Condition Superstructure
o Condition PIErs
o Condition Abutment
Retro reflectometer report capturing following key metrics of road furniture
o Coefficient of retroreflected luminance RA (nighttime retroreflection) of road traffic signs
ATCC report capturing ADT, AADT, hourly and weekly variations and recommendation on capacity augmentation
All figures and graphs in templates are
illustrative. Please add actual details.
For Corresponding
TYPE OF VEHICLE month of previous year For Previous Month For Current Month
No of Fee No of Fee per No of
vehicles Collected vehicles Fee Collected vehicle vehicles Fee Collected
A Car Total 3845 384500 4659 465,900.00 100 4289 428,900.00
B LCV Total 1521 243360 1312 209,920.00 160 1399 223,840.00
C Bus Total 2404 793386 2284 765,207.00 201 2349 786,915.00
D Truck Total 1603 528924 1523 510,138.00 134 1566 524,610.00
E 3 Axle Total 18990 6836400 16310 5,953,150.00 365 15127 5,521,355.00
F MAV Total 16119 8381880 21111 11,188,830.00 530 18790 9,958,700.00
Over
G Total 1 630 27 17,280.00 640 36 23,040.00
Size
Total for the
49844 18,050,618 52963 19,898,834 49016 18,265,661
Month
5.2. On-ground infrastucture report
Total number of plaza lanes =
Total number of dedicated ETC lanes =
Total number of hybrid lanes =
Equipment as
Units Equipment per
Total Units damaged/ owner/ specifications
SNo Description units working missing provider (Y/N) Remarks
1 Hardware
(a) Over-head tranIEeiver 4 3 1 ABC Co. Y
(b) Hand-held reader
(c ) Lane controller
(d) AVC
(h) Camera
(l) Weigh-in-motion
(m) Static weigh bridge
(n) Any other items
2 Softwares
(a) Software – Lane/ Plaza level
(c) TMS
Average Average
Average queue Average Average Average Average
queue length tranIEtion
Lane length during Transaction timetransaction transaction transaction
during peak time
non-peak time (cash) time (RFID) time (cards) time (wallet)
time (others)
UPI – 20
Lane 1 10 vehicles 5 vehicles 15 seconds 10 seconds 20 seconds 25 seconds
seconds
Lane 2
Lane 3
Average system uptime = 80%
Transactions uploaded (as per SLA) = 80%
Blacklists uploaded (as per SLA) = 50%
Blacklists downloaded (as per SLA) = 85%
Total 20,96,51,000
Supporting Calculations for damages for Sep 2016
No of days in Sep = 30
Performance security is Rs 64,80,00,000
As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs 6,48,000
Total damages payable = 30 X 6,48,000 = Rs 1,94,40,000
Total 1,65,83,836
No of days
No of days
of
higher
of
inspection
Damages
Damages
Damages
Damages
as per CA
damages
Quantity
Cost of
amount
Nature
per CA
defect
repair
Total
S No
from
Rate
side
Unit
Date
as
as
at
6.3. Damages for non-completion of major maintenance/ periodic overlay
Total 6,02,64,000
No of days in Sep = 30
Performance security is Rs 64,80,00,000
As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs 6,48,000
Total damages payable = 30 X 6,48,000 = Rs 1,94,40,000
All figures and graphs in templates are
illustrative. Please add actual details.
7. Change ofscopeproposals
2 Nallah diversion through box [DD/MM/YYYY] Clarifications to be submitted by [+/- Amount] [DD/MM/YYYY]
culvert at [Chainage] Contractor, expected date
[DD/MM/YYYY]
Dispute
Date of first Amount (if
SNo Dispute Details submission to IE Suggested resolution by IE applicable) Current stage
9. Reports
9.1. Monthly Toll Collection Report (Applicable only if project highway is tolled)
For Corresponding
month of previous
TYPE OF VEHICLE year For Previous Month For Current Month
Local 0 0 - 320 -
Total for the Month 49844 18,050,618 52963 19,898,834 49016 18,265,661
1
S No
Date
RHS
Chainage no
pm
9.2. Accident Report
Time of accident
2
A
illustrative. Please add actual details.
Accident location
All figures and graphs in templates are
2
B
Nature of accident
3
C
Classification of
4 accident
D
Causes
1
E
Load conditions of
vehicle
1
F
Road condition
-
G
Intersection type of
control
1
H
Weather condition
I
Age of victim
1
J
Type of victim
3
K
Type of vehicle
-
Fatal
1
persons
Major
1
Minor
No of affected
Help provided by
Ambu
Mapping of reportfields 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
D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem 6.
Drowsiness/Not Applicable 7. Fault of Driver
G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6. Round about
Junction
H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust 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
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
9.3. Details of complaints
Contact
Toll Complaint Name of the details of Compliance by the
SNo plaza No Date person person Details of complaint contractor
1 81 8/9/2016 Mr. Shailendra Mr. Shailendra Complaints Pot holes are repaired
Gurjar, LIG-44,RSS regarding Pot holes on the
mohalla, Shivaji Highway may cause
Nagar, Bhopal (M.P.) accidents.
2 82 10/9/2016 Dr. Anil Diwakar, HIG Dr. Diwakar complaints Animals are continuously
Swarganga Complex that presence of Animals driven out from the Road
Bus Stand Seoni and also Pot holes on road by the Highway Patrolling
(M.P.) are obstructing the driving team and Pot holes are
which may cause repaired.
accidents.
3 83 11/9/2016 Maj. Sidharth, 238 Fd Maj. Sidharth while The Exemption under
wksp C/o- 56 APO travelling in personal car Indian Toll (Army and Air
wants Exemption from Toll force) Act 1901, to army
Fee on production of I.D. personnel travelling in
Card private vehicle may be
given if on Govt. duty with
requisite pass as specified
in the Indian Toll (Army
and Air Force Rules,
1942)
9.4. Encroachment list
type
Encroachment width
Establishment (New/
Name of Encroacher
Stretch Chainage
Side (LHS/RHS)
Encroachment
Temple, etc)
(Temporary/
Permanent)
and length
edge (m)
existing)
District/
Village
Tehsil
(km)
SNo
1 212+500 LHS Kurnool Kurnool Temporary Tea stall New 7 5mX3.5m Vijay Kumar Reddy
2 213+200 RHS Kurnool Dinnedevara Padu Permanent Godown Existing 5 10.5m X 4m Buddana
ROADS
(vi) Bleeding/skidding
(c) Road side furniture including road signs and pavement marking
(f ) Rest areas
BRIDGES
(i) Cracks
(ii) Spalling/Scalling
(i) Deformation
However, since the first survey shall be conducted within 30 days of appointment of the
Authority‟s Engineer , 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 appointed date is on 1st March, then the first
equipment based survey shall be conducted in the month of March within 30 days of
appointment and this shall be considered as the equipment based survey to be
conducted in the month of May. The 2ndequipment 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 in the month of March within 30
days of appointment. The 2nd test/survey shall be conducted in March of next year and
so on.
Survey before
Region State Survey after rains
rains
Andaman And
South Apr Nov
Nicobar Islands
[PROJECT NAME]
Authority‟s Engineer
[NAME OF CONSULTING FIRM]
NH0xxx Road Start 1.230 Increasing 9.98897 78.02671 63.07767 23-12-15 NH0yyy ABC-DEF
NH0xxx Km Stone 8 8.000 Increasing 9.98444 78.02934 68.60126 23-12-15 NH0yyy ABC-DEF
NH0xxx Km Stone 8 8.030 Increasing 9.98341 78.03004 68.15520 23-12-15 NH0yyy ABC-DEF
NH0xxx Km Stone 9.008 Increasing 9.98107 78.03078 65.17153 23-12-15 NH0yyy ABC-DEF
NH0xxx Km Stone 12.012 Increasing 9.96328 78.04160 56.03436 23-12-15 NH0yyy ABC-DEF
NH0xxx Km Stone 17 17.085 Increasing 9.95385 78.05255 56.24748 23-12-15 NH0yyy ABC-DEF
ABC-
NH00xx 0.804 1.000 Both Asphalt 06-05-17 9.98444 78.02934
DEF
ABC-
NH00xx 1.000 1.172 Both Asphalt 06-05-17 9.98341 78.03004
DEF
ABC-
NH00xx 1.172 2.821 Both Asphalt 06-05-17 9.98107 78.03078
DEF
ABC-
NH00xx 2.821 4.350 Both Asphalt 06-05-17 9.96328 78.04160
DEF
ABC-
NH00xx 4.350 6.710 Both Asphalt 06-05-17 9.95385 78.05255
DEF
ABC-
NH00xx 6.710 12.925 Both Asphalt 06-05-17 9.93102 78.05648
DEF
ABC-
NH00xx 0.000 0.794 Both 7 – 10.5 m 7.00 06-05-17 9.98897 78.02671
DEF
ABC- 7 – 10.5 m
NH00xx 0.794 1.000 Both 7.00 06-05-17 9.98444 78.02934
DEF
ABC- 7 – 10.5 m
NH00xx 1.000 2.810 Both 7.00 06-05-17 9.98341 78.03004
DEF
ABC- 7 – 10.5 m
NH00xx 2.810 4.335 Both 7.00 06-05-17 9.98107 78.03078
DEF
ABC- 7 – 10.5 m
NH00xx 4.335 6.666 Both 7.00 06-05-17 9.96328 78.04160
DEF
ABC- 7 – 10.5 m
NH00xx 6.666 12.906 Both 7.00 06-05-17 9.95385 78.05255
DEF
1.7 ShoulderWidth
The following table lists thefields for the „Shoulder Width‟ attribute, which need to be
populated. The descriptions of thefields are given below.
FIEld Description Example
NHNumber New National Highway number NH0065
FIEld Description Example
Code indicating starting and ending HYD-VIJ (Hyderabad- locations of
SectionCode section Vijayawada)
StartChainage Chainage of the start point (in km) 0.500
No
NH0xxx ABC-DEF 0.000 0.785 Increasing 0.0 03-01-16 9.98897 78.02671
Shoulder
No
NH0xxx ABC-DEF 0.785 2.612 Increasing 0.0 03-01-16 9.98444 78.02934
Shoulder
NH0xxx ABC-DEF 2.612 3.170 Increasing 1-2m 2.0 03-01-16 9.98341 78.03004
NH0xxx ABC-DEF 3.170 5.194 Increasing 1-2m 2.0 03-01-16 9.98107 78.03078
NH0xxx ABC-DEF 5.194 6.793 Increasing 1-2m 2.0 03-01-16 9.96328 78.04160
NH0xxx ABC-DEF 6.793 11.404 Increasing 1-2m 2.0 03-01-16 9.95385 78.05255
1.8 Topography
The following table lists thefields which need to be populated for the „Topography‟
attribute. The descriptions of thefields are given below.
FIEld Description Example
NHNumber New National Highway number NH0065
Open
NH0xxx ABC-DEF 0.000 0.069 Increasing Unlined 09-01-16 9.98897 78.02671
Drain
Open Lined
NH0xxx ABC-DEF 0.069 0.782 Increasing 09-01-16 9.98444 78.02934
Drain
Open
NH0xxx ABC-DEF 0.288 0.000 Decreasing Unlined 09-01-16 9.98341 78.03004
Drain
Open
NH0xxx ABC-DEF 0.782 0.846 Increasing Unlined 09-01-16 9.98107 78.03078
Drain
NHNumber SectionCode StartChainage EndChainage Direction DrainType SurveyDate Latitude Longitude
Open
NH0xxx ABC-DEF 0.846 1.254 Increasing Unlined 09-01-16 9.96328 78.04160
Drain
Open
NH0xxx ABC-DEF 1.254 2.265 Increasing Unlined 05-01-16 9.95385 78.05255
Drain
Open
NH0xxx ABC-DEF 1.929 0.288 Decreasing Unlined 09-01-16 9.93102 78.05648
Drain
Open
NH0xxx ABC-DEF 2.265 3.005 Increasing Unlined 05-01-16 9.89041 78.03458
Drain
Open
NH0xxx ABC-DEF 2.680 1.952 Decreasing Unlined 09-01-16 9.88489 78.02995
Drain
Open
NH0xxx ABC-DEF 3.005 4.424 Increasing Unlined 05-01-16 9.87474 78.02828
Drain
Open
NH0xxx ABC-DEF 3.109 2.680 Decreasing Unlined 09-01-16 9.87363 78.02744
Drain
Covered
NH0xxx ABC-DEF 3.320 3.109 Decreasing 09-01-16 9.84857 78.01535
Line Drain
Open
NH0xxx ABC-DEF 3.917 3.320 Decreasing Unlined 09-01-16 9.83764 78.00392
Drain
Open
NH0xxx ABC-DEF 4.424 4.601 Increasing Unlined 05-01-16 9.83711 77.98576
Drain
Open
NH0xxx ABC-DEF 4.601 5.693 Increasing Unlined 05-01-16 9.83386 77.97729
Drain
NH00xx ABC-DEF 0.000 0.794 Both Raised 0.5 05-01-16 9.98897 78.02671
NH00xx ABC-DEF 0.794 1.000 Both Raised 0.5 05-01-16 9.98444 78.02934
NH00xx ABC-DEF 1.000 2.810 Both No Median 0.0 05-01-16 9.98341 78.03004
NH00xx ABC-DEF 2.810 4.335 Both Raised 1.5 05-01-16 9.98107 78.03078
NH00xx ABC-DEF 4.335 6.666 Both No Median 0.0 05-01-16 9.96328 78.04160
NH00xx ABC-DEF 6.666 12.906 Both No Median 0.0 05-01-16 9.95385 78.05255
Remarks
BituminousSurfaceC 40
Thickness of BIE layer in mm
ourseThickness mm
BituminousBaseCou DBM
Type of bituminous base course
rseType
BituminousBaseCou 100
Thickness of BBC layer in mm
rseThickness
GranularBaseThickn 250
Thickness of GB layer in mm
ess
PavementQualityCo PQC
Type of pavement quality concrete
ncreteType
PavementQuality 300
Thickness of PQC layer in mm
ConcreteThickness
DryLeanConcreteTy DLC
Type of dry lean concrete
pe
GranularSubBaseTy GSB
Type of granular sub base
pe
GranularSubBase 200
Thickness of GSB layer in mm
Thickness
GSBConstructionYe 2014
Year of construction of GSB layer
ar
Design CBR of the subgrade, expressed in 5%
DesignCBR
%
SurveyDate Date of survey in the format <DD-MM-YY> 06-05-17
(table continued…)
GB Pavement Pavement PQC Dry Lean DLC
Dry Lean Granular Granular GSB
Constru Quality Quality Constru Concrete Constru Design Survey Latitu Longitu
Concrete SubBase SubBase Construc
ction Concrete Concrete ction Thicknes ction CBR Date de de
Type Type Thickness tion Year
Year Type Thickness Year s Year
Street
NH00xx ABC-DEF 0.012 Increasing 03-01-16 9.98897 78.02671
Light Start
Street
NH00xx ABC-DEF 0.287 Increasing 03-01-16 9.98444 78.02934
Light End
DataSource
Remarks
ABC-
NH00xx 0.650 Increasing Restaurant/Motel 05-01-16 9.98897 78.02671
DEF
ABC-
NH00xx 1.998 Increasing Restaurant/Motel 05-01-16 9.98444 78.02934
DEF
ABC-
NH00xx 5.524 Increasing Petrol Pump 05-01-16 9.98341 78.03004
DEF
ABC-
NH00xx 11.413 Increasing Restaurant/Motel 05-01-16 9.98107 78.03078
DEF
Barren
NH00xx ABC-DEF 2.081 1.641 Decreasing 03-01-16 9.93102 78.05648
Land
(table continued…)
Drain Date of
Disintegration Depression Bleeding Patching ShoulderCondition Latitude Longitude
Condition Survey
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.
Field Description Example
NH Number New National Highway number NH0065
ABC-
NH00xx 0.0 0.1 Increasing L1 3.31 5.16 4.24 20 06-05-17 9.98897 78.02671
DEF
ABC-
NH00xx 0.1 0.2 Increasing L1 2.81 3.54 3.18 37 06-05-17 9.98444 78.02934
DEF
ABC-
NH00xx 0.2 0.3 Increasing L1 2.31 1.92 2.12 42 06-05-17 9.98341 78.03004
DEF
ABC-
NH00xx 0.3 0.4 Increasing L1 2.17 2.37 2.27 46 06-05-17 9.98107 78.03078
DEF
ABC-
NH00xx 0.4 0.5 Increasing L1 2.11 1.72 1.92 42 06-05-17 9.96328 78.04160
DEF
ABC-
NH00xx 0.5 0.6 Increasing L1 2.33 1.97 2.15 49 06-05-17 9.95385 78.05255
DEF
ABC-
NH00xx 0.6 0.7 Increasing L1 2.37 2.00 2.19 42 06-05-17 9.93102 78.05648
DEF
ABC-
NH00xx 0.7 0.8 Increasing L1 2.15 2.17 2.16 33 06-05-17 9.91229 78.04961
DEF
ABC-
NH00xx 0.8 0.9 Increasing L1 2.45 2.05 2.25 32 06-05-17 9.89041 78.03458
DEF
ABC-
NH00xx 0.9 1.0 Increasing L1 2.18 2.51 2.35 48 06-05-17 9.88489 78.02995
DEF
2.3 Rutting
The following table lists thefields which need to be populated for the „Rutting‟ attribute.
The descriptions of thefields are given below.
FIEld Description Example
NH Number New National Highway number NH0065
ABC- 06-05-
NH00xx 0.0 0.5 Increasing L1 15 14 15 20 9.98897 78.02671
DEF 17
ABC- 06-05-
NH00xx 0.5 1.0 Increasing L1 20 18 19 37 9.98444 78.02934
DEF 17
ABC- 06-05-
NH00xx 1.0 1.5 Increasing L1 10 8 9 42 9.98341 78.03004
DEF 17
ABC- 06-05-
NH00xx 1.5 2.0 Increasing L1 5 6 6 46 9.98107 78.03078
DEF 17
ABC- 06-05-
NH00xx 2.0 2.5 Increasing L1 10 10 10 42 9.96328 78.04160
DEF 17
ABC- 06-05-
NH00xx 2.5 3.0 Increasing L1 7 5 6 49 9.95385 78.05255
DEF 17
ABC- 06-05-
NH00xx 3.0 3.5 Increasing L1 20 18 19 42 9.93102 78.05648
DEF 17
ABC- 06-05-
NH00xx 3.5 4.5 Increasing L1 5 5 5 33 9.91229 78.04961
DEF 17
ABC- 06-05-
NH00xx 4.5 5.0 Increasing L1 5 5 5 32 9.89041 78.03458
DEF 17
ABC-
NH00xx 0.0 0.5 Increasing L1 0.40 0.30 0.35 20 06-05-17 9.98897 78.02671
DEF
ABC-
NH00xx 0.5 1.0 Increasing L1 0.60 0.50 0.55 37 06-05-17 9.98444 78.02934
DEF
NH Section Start End Lane Texture Texture Texture Survey
Direction Average Speed Latitude Longitude
Number Code Chainage Chainage Number Left Right Date
ABC-
NH00xx 1.0 1.5 Increasing L1 0.80 0.90 0.85 42 06-05-17 9.98341 78.03004
DEF
ABC-
NH00xx 1.5 2.0 Increasing L1 0.40 0.40 0.4 46 06-05-17 9.98107 78.03078
DEF
ABC-
NH00xx 2.0 2.5 Increasing L1 0.30 0.30 0.3 42 06-05-17 9.96328 78.04160
DEF
ABC-
NH00xx 2.5 3.0 Increasing L1 0.70 0.60 0.65 49 06-05-17 9.95385 78.05255
DEF
ABC-
NH00xx 3.0 3.5 Increasing L1 0.40 0.50 0.45 42 06-05-17 9.93102 78.05648
DEF
ABC-
NH00xx 3.5 4.5 Increasing L1 0.90 0.80 0.85 33 06-05-17 9.91229 78.04961
DEF
ABC-
NH00xx 4.5 5.0 Increasing L1 0.40 0.30 0.35 32 06-05-17 9.89041 78.03458
DEF
NH00xx ABC-DEF 0.0 0.5 Increasing L1 25.0 24.0 24.5 20 06-05-17 9.98897 78.02671
NH00xx ABC-DEF 0.5 1.0 Increasing L1 23.0 23.0 23.0 37 06-05-17 9.98444 78.02934
NH00xx ABC-DEF 1.0 1.5 Increasing L1 23.0 24.0 23.5 42 06-05-17 9.98341 78.03004
NH00xx ABC-DEF 1.5 2.0 Increasing L1 22.0 22.0 22.0 46 06-05-17 9.98107 78.03078
NH00xx ABC-DEF 2.0 2.5 Increasing L1 20.0 21.0 20.5 42 06-05-17 9.96328 78.04160
NH00xx ABC-DEF 2.5 3.0 Increasing L1 24.0 24.0 24.0 49 06-05-17 9.95385 78.05255
NH00xx ABC-DEF 3.0 3.5 Increasing L1 28.0 28.0 28.0 42 06-05-17 9.93102 78.05648
NH00xx ABC-DEF 3.5 4.5 Increasing L1 21.0 21.0 21.0 33 06-05-17 9.91229 78.04961
NH00xx ABC-DEF 4.5 5.0 Increasing L1 25.0 24.0 24.5 32 06-05-17 9.89041 78.03458
ABC-
NH00xx 0.500 RHS R2 32.6 43.7 45.7 333 188 300 243
DEF
ABC-
NH00xx 1.000 LHS L1 29.9 32.6 45.4 317 163 300 217
DEF
ABC- 1.499 RHS R1 33.0 39.3 45.7 246 110 300 153
NH00xx
DEF
ABC- 2.000 LHS L2 28.7 32.4 46.0 293 130 300 187
NH00xx
DEF
ABC- 2.500 RHS R2 33.7 45.8 45.3 429 232 300 316
NH00xx
DEF
ABC- 3.000 LHS L1 29.0 33.0 45.7 343 204 300 252
NH00xx
DEF
ABC- 3.500 RHS R1 33.5 45.4 44.5 373 194 300 268
NH00xx
DEF
ABC- 4.010 LHS L2 28.9 33.5 45.0 348 201 300 254
NH00xx
DEF
ABC-
NH00xx 4.500 RHS R2 33.3 40.3 46.0 393 241 300 301
DEF
(table continued…)
Locatio Deflection Locatio Deflection Locatio Deflection Locatio Deflection Locatio Deflection Locatio Deflection
n 2 3 n 3 4 n 4 5 n 5 6 n 6 7 n 7 8
(table continued…)
Sub
Loc ElasticModul ElasticModu ElasticModul CorrectedElasticM CorrectedElastic CorrectedElastic Bitumin Bas GSB
grad
atio usBituminou lusGranular usSubGrade odulusBituminous ModulusGranula ModulusSubGrad ousLay eLay Laye
e
n 8 sE1 E2 E3 E1 rE2 eE3 er er r
CBR
240
6213 185 100 6447 135 78 105 230 200 0.08
0
240
5356 195 100 5295 143 78 105 230 200 0.08
0
240
3359 396 90 3424 300 69 105 230 200 0.08
0
240
4830 226 100 4770 169 78 105 230 200 0.08
0
240
4570 137 97 4781 93 75 105 230 200 0.08
0
240
8454 135 100 8374 91 78 105 230 200 0.08
0
240
4394 165 100 4590 117 78 105 230 200 0.08
0
240
7817 139 96 7762 95 74 105 230 200 0.08
0
240
7666 123 95 7847 81 73 105 230 200 0.08
0
(table continued…)
BituminousLayerCoeff BaseLayerCoeffic GranularBaseLayerCoef StructuralNu ModifiedStructural SurveyD Latitu Longit
icientA1 ientA2 ficientA3 mber Number ate de ude
9.988 78.026
0.45 0.13 0.13 3.68 4.82 01-07-16
97 71
9.984 78.029
0.42 0.13 0.13 3.56 4.70 23-06-16
44 34
9.983 78.030
0.36 0.17 0.17 3.86 4.85 01-07-16
41 04
9.981 78.030
0.41 0.14 0.14 3.65 4.79 23-06-16
07 78
9.963 78.041
0.41 0.11 0.11 3.24 4.34 01-07-16
28 60
9.953 78.052
0.49 0.11 0.11 3.58 4.72 23-06-16
85 55
9.931 78.056
0.40 0.12 0.12 3.34 4.48 01-07-16
02 48
9.912 78.049
0.48 0.12 0.12 3.67 4.75 23-06-16
29 61
9.890 78.034
0.48 0.11 0.11 3.53 4.59 01-07-16
41 58
CubeStrengthofCo 27
Cube strength of concrete, calculated inMPa
ncretefck
FIEld Description Example
Flexuralstrenghtofc Flexural strength of concrete, calculated in 3.7
oncretefmr MPa
ABC-
NH00xx 0.0 LHS L2 29.0 34.9 104.1 167 143 130 119 300
DEF
ABC-
NH00xx 0.5 RHS R2 30.5 38.1 104.4 141 130 122 115 300
DEF
ABC-
NH00xx 1.0 LHS L1 30.0 35.6 105.2 147 111 100 91 300
DEF
ABC-
NH00xx 1.5 RHS R1 28.9 38.3 102.4 140 126 116 107 300
DEF
ABC-
NH00xx 2.0 LHS L2 30.1 39.4 103.7 140 121 108 101 300
DEF
ABC-
NH00xx 2.5 RHS R2 29.0 37.5 104.6 150 134 126 117 300
DEF
ABC-
NH00xx 3.0 LHS L1 30.6 38.9 102.7 124 109 104 92 300
DEF
ABC-
NH00xx 3.5 RHS R1 29.3 39.1 105.9 149 136 128 119 300
DEF
ABC-
NH00xx 4.5 RHS R2 30.3 41.0 104.9 138 127 121 114 300
DEF
(table continued…)
25-06-
759 816 3 3 2 2 112 21590 19 3 9.98897 78.02671
16
28-06-
821 1214 3 3 3 2 62 58161 135 8 9.98444 78.02934
16
25-06-
684 580 3 3 2 1 246 12051 6 2 9.98341 78.03004
16
28-06-
796 1014 3 3 3 2 87 39783 63 6 9.98107 78.03078
16
25-06-
761 823 3 3 2 2 131 26118 27 4 9.96328 78.04160
16
28-06-
800 1040 3 3 3 2 79 39908 64 6 9.95385 78.05255
16
25-06-
789 971 3 3 3 2 107 41290 68 6 9.93102 78.05648
16
28-06-
814 1150 3 3 3 2 66 50086 100 7 9.91229 78.04961
16
28-06-
826 1257 3 3 3 2 59 64082 164 9 9.89041 78.03458
16
SECTION 7. DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on particulars
of the Project.
CONTRACT FOR CONSULTANT‟S SERVICES
Between
(Name of Client)
And
(Name of Consultant)
Dated:
CONTENTS
Page No.
I FORM OF CONTRACT
IIGENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in Charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.8 Suspension
2.9 Termination
3. Obligation of the Consultants
3.1 General
3.2 Conflict of Interests
3.3 Confidentiality
3.4 Liability of the Consultants
3.5 Insurance to be Taken Out by the Consultants
3.6 Accounting, Inspection and Auditing
3.7 Consultants' Actions Requiring Client's Prior Approval
3.8 Reporting Obligations
3.9 Documents Prepared by the Consultants to Be the Property of the Client
3.10 Equipment and Materials Furnished by the Client
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave, etc.
Removal and/or Replacement of Personnel
4.6 Resident Project Manager
5. Obligations of the Client
5.1 Assistance and Exemptions
5.2 Access to Land
5.3 Change in the Applicable Law
5.4 Services, Facilities and Property of the Client
5.5 Payment
5.6 Counterpart Personnel
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
6.2 Payment Mechanism
6.3 Currency of Payment
6.4 Mode of Billing and Payment
7. Fairness and Good Faith
7.1 Good Faith
7.2 Operation of the Contract
8. Settlement of Disputes
8.1 Amicable Settlement
8.2 Dispute Settlement
III SPECIAL CONDITIONS OF CONTRACT
IV APPENDICES
Appendix A:Description of the Services
Appendix B:Reporting Requirements
Appendix C: Key Personnel and Sub-consultants
Appendix D: Medical Certificate
Appendix E:Hours of Work for Key Personnel
Appendix F:Duties of the Client
Appendix G: Cost Estimates in Foreign Currency
Appendix H: Cost Estimates in Local Currency
Appendix I: FORM OF PERFORMANCE SECURITY
Appendix J: Form of Bank Guarantee for Advance Payments
Appendix K: Format for Omnibus Bank Guarantee
Appendix L:Letter of invitation
Appendix M: Letter of Award
Appendix N: Minutes of pre-bid meeting
Appendix O: Memorandum of Understanding in case of JV.
I FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the day of the
Month of , 200 , 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;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(b) The General Conditions of Contract (hereinafter called “GC”)‟ (c)
The Special Conditions of Contract (hereinafter called “IE”); (d) 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]
By
(Authorized Representative)
By
(Authorized Representative)
etc.
II GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in
the Government‟s country [or in such other country as may be specified in the
Special Conditions of Contract (IE)], 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 “Independent
Consultant (IE)” and includes and 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 Cl ient 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‟s Engineer may
be modified depending on the site requirements and work programme of the
Contractor after mutual discussions with NHAI, the Contractor and the
Authority‟s Engineer . The work plan as indicated by the Consultant may be
modified accordingly to the site requirements.
(n) "Sub-consultant and or Associates " means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause
GC 3.7; and
(o) "Third Party" means any person or entity other than the Government, the Client, the
Consultants or a Sub-consultant.
1.2 Relation between the Parties
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.
1.3 Law Governing Contract
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 IE, 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 routed
through NHAI Data Lake only unless the law required to send such notice, request,
etc., through physical/any other specified mode only. Any such notice, request or
consent shall be deemed to have been delivered when given or made on the NHAI
Data Lake to an authorized representative of the Party specified in the SC.
1.6.2 Notice will be deemed to be effective as 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.
1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, the Members
hereby authorize the entity specified in the IE 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.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Contract by the Client or the Consultants may be taken or executed
by the officials specified in the SC.
1.10 Taxes and Duties
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. NHAI shall reimburse only Goods and service tax on production of project specific
proof of payment of Goods and service tax.
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the "Effective Date") of the
Client's notice to the 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.
2.2 Termination of Contract for Failure to Become Effective
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 IE, 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.
2.3 Commencement of Services
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.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 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.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties.
No agent or representative of either Party has authority to make, and the Parties shall not
be bound by or be liable for, any statement, representation, promise or agreement not set
forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of
thescopeof 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 Force Majeure
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), confiIEation or any other action by government
agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a party or such Party's Sub-consultants or agents or
employees, nor (ii) any event which a diligent Party could reasonably have been
expected to both (A) take into 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.
2.7.2 No Breach of Contract
The failure of a Party to fulfill 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.
2.7.3 Measures to be Taken
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party's inability to fulfill its obligations hereunder
with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures t o minimize the consequences
of any event of Force Majeure.
2.7.4 Extension of Time
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.
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
2.9.1 By the Client
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 this Contract.
(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
hereinabove, 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) insolvent or bankrupt or enter into any agreements with
their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go 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:
"corrupt practice" means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the selection process or in
contract execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a
selection process or the execution of a contract to the detriment of the Borrower,
and includes collusive practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-competitive levels and to
deprive the Borrower of the benefits of free and open competition.
(h) if Contractor represents to NHAI that the Consultant is not discharging his duties in a
fair, efficient and diligent manner and if the dispute remains unresolved, NHAI may
terminate this contract.
2.9.2 By the Consultants
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 GC 2.9.2, 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;
(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.
2.9.3 Cessation of Rights and Obligations
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 GC 2.4 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;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(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 ApplicableLaw
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
GC 2.9.1 or GC 2.9.2 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.
2.9.5 Payment upon Termination
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}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed
prior to the effective date of termination;
(b) reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures actually
incurred prior to the effective date of termination; and
(c) except in the case of termination pursuant to paragraphs (a) through (d) of Clause GC
2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of the return travel of the
Consultants' personnel and their eligible dependents.
2.9.6 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause
GC 2.9.1 or in Clause GC 2.9.2 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 GC 8 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. Obligation of the Consultants
3.1 General
3.1.1 Standard of Performance
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.
3.1.2 Law Governing Services
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.
3.2 Conflict of Interests
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the Consultants pursuant to Clause GC 6 hereof shall
constitute the Consultants' sole remuneration in connection with this Contract or
the Services and, subject to Clause GC 3.2.2 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.
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 (NHAI)and or
Associates Bank or of the Association, as the case may be, 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.
3.2.3 Consultants and Affiliates Not to engage in Certain Activities
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.
3.2.4 Prohibition of Conflicting Activities
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.
3.4 Liability of the Consultants
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.
3.5 Insurance to be Taken Out by the Consultants
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.
3.6 Accounting, Inspection and Auditing
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
IE); (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.
3.7 Consultants' Actions Requiring Client's Prior Approval
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
(c) any other action that may be specified in the SC
3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in Appendix
B hereto, in the form, in the numbers and within the time periods set forth in the said
Appendix.
3.9 Documents Prepared by the Consultants to Be the Property of the Client
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.
3.10 Equipment and Materials Furnished by the Client
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 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. Consultants' Personnel and Sub-consultants and or Associates
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.
4.2 Description of Personnel
(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 thescopeof 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 forth in Clause GC 6.1 (b)
of this Contract.
4.3 Approval of Personnel
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 hereto 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.
4.4 Working Hours, Overtime, Leave, etc.
(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
Government's country shall be deemed to have commenced (or finished) work in
respect of the Services such number of days before their arrival in (or after their
departure from) the Government's country as is specified in Appendix E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services on this
Contract shall not be entitled 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.
4.5 Removal and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultants, it
becomes necessary to replace any of the Personnel, the Consultants shall forthwith
provide as a replacement a person of equivalent or better qualifications.
(b) If the Client (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
cause to be dissatisfied with the performance of any of the Personnel, then the
Consultants shall, at the Client's written request specifying the grounds therefore,
forthwith provide as a replacement a person with qualifications and experience
acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the
rate of remuneration applicable to such person as well as any reimbursable
expenditures (including expenditures due to the number of eligible dependents)
the Consultants may wish to claim as a result of such replacement, shall be
subject to the prior written approval by the Client. Except as the Client may
otherwise agree, (i) the Consultants shall bear all additional travel and other costs
arising out of or incidental to any removal and/or replacement, and (ii) the
remuneration to be paid to any of the Key Personnel provided as a replacement
shall be 90% of the remuneration which would have been payable to the Key
Personnel replaced. However, for the reason other than death/extreme medical
ground, (i) for total replacement upto 33% of key personnel, remuneration shall
be reduced by 5% (ii) for total replacement upto between 33% to 50%, remuneration
shall be reduced by 10% and (iii) for total replacement upto between 50% to 66%,
remuneration shall be reduced by 15% (iv) For total replacements beyond 66% of
the key personnel the client shall initiate action of higher
penalty/termination/debarment upto 2 years as considered appropriate.
(d) In order to prevent the tendency of the personnel and consulting firm to submit
incorrect and inflated CV, they should sign every page of CV before submission in
order to authenticate that CV furnished by them is correct. The consulting firm and
the personnel through consulting firm should be informed by NHAI while accepting
CV of the new personnel that if CV is found in correct and inflated at a later date,
the personnel accepted would be removed from his assignment and debarred
from further NHAI works for 3 years and the new proposed personnel in place of
removed personnel would be paid 15% less salary than the original personnel.
15% reduction in the salary will be imposed as a penalty for submitting the incorrect
information. This penalty will be imposed only once. If the same consulting firm
submits incorrect information again second time, necessary action will be taken by
NHAI to black-list that firm.
(e) In case of extension of contract, the Consultant can propose one time replacement of
each key personnel without attracting any penalty or reduction in remuneration,
subject to approval of the authority taking into consideration the progress of work
at site. Qualifications of replacements shall be better or equivalent to the original key
personnel. Any further replacement will be governed as per contract provisions.
Note: Annual contract value shall be calculated as = Total contract value divided by
number of years of original contract period
For avoidance of doubt, during 36 months tenure of Consultant, Monthly Reports without
equipment based inspection report shall be submitted for 50 months. Submission of these
50 reports will provide 75% of contract value. Actual payment will be in accordance with
Payments section in General Conditions of Contract and Special Conditions of Contract.
Monthly Status Reports with equipment based inspection report shall be submitted for 10
months. Submissions of these 10 reports will provide 25% of contract value.
(c) It is mandatory to deploy the key personnel and sub-professional as per the Man-
Months input specified in the Terms of Reference. In adequate deployment of key
personnel and sub-professional shall lead to deduction in the monthly payment as
per the following table. The key personnel and sub-professional shall be considered
to be inadequately deployed if he/she is not present for at least 90% of the time
stipulated in the month, as per the Man-Months input in Terms of Reference and
the Deployment Schedule proposed by the firm.
For avoidance of doubt, in case the Team Leader cum Highway Engineer has not
been made available for90% of the stipulated time in the month, then only 75% of
the monthly payment shall be released. In the case of “other Key Personnel
(Sr/No.3)” and “Sub-professional staff (Sr.No.4)”, the average availability across
the group shall be considered for calculation.
(d) It is mandatory to use all the equipment mentioned in Section 6.4 of TOR for road
inspection surveys. Non-use of equipment in the survey month as specified in
Annexure- IV(Month of survey for equipment based road condition
assessment)can be considered only in unavoidable circumstances. However,
non-use of equipment shall lead to deduction in monthly payment as per the
following table
Payment to be released (as % of
S No Equipment to be used monthly payment linked to
equipment based report)
Network Survey Vehicle and laser
1 50%
profilometer (NSV)
6 ATCC 15%
Total 100%
For avoidance of doubt, in case no equipment is used in the survey month, then no monthly
payment shall be released. In case, only Network Survey Vehicle is used then 50% of monthly
payment (which is 50% of 12.5% of annual contract value) shall be released. Payment linked to
equipment based report shall be released only on completion of equipment based road
inspection and submission of equipment based report.
(e) The consultant can use the equipment during next 3 months of survey month.
However, 10% penalty per month shall be imposed for delay in use of equipment.
Thus, payment linked to the specific equipment shall be released after deducting
10% penalty per month. In case 1 or more equipment is not used during next 3
months of survey month, then this shall be treated as Breach of Contract and
performance security shall be liable to be forfeited.
8. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or the interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the other
Party's request for such amicable settlement may be submitted by either Party for
settlement in accordance with the provisions specified in the SC.
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 NHAI.
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 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.
III SPECIAL CONDITIONS OF CONTRACT
GCClause
A. Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
1.1(a) The words “in the Government‟s country” are amended to read “in INDIA”
1.4 The language is: English
1.6.1 The addresses are:
General Manager (Tech
Client:
National Highways Authority of India
301-A, 3rd Floor, Pal Heights,
Plot No. J/7, Jayadev Vihar,
Bhubaneswar, Odisha, 751013
(Tel:- 0674-22361470/570/670)
(E-mail: roodisha@nhai.org)
Attention:
Cable address:
Telex:-
Fax:-
Consultants: Attention:
Cable
address:
Telex
Facsimile
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 may be lawfully imposed.
2.1 The effectiveness conditions are the following: (i)
Approval of the Contract by the client
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 6 m o n t h s f o r c o n s t r u c t i o n p e r i o d a n d 48 months for
operation and maintenance period
3.4 Limitation of the Consultants' Liability towards the Client
(e) Except in case of gross negligence or willful misconduct on the part of the Consultants
or on the part of any person or firm acting on behalf of the Consultants in carrying
out the Services, the Consultants, with respect to damage caused by the
Consultants to the Client's property, shall not be liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) Consultant will maintain at its expenses; Professional Liability Insurance
including coverage for errors and omissions caused by Consultant‟s
negligence in the performance of its duties under this agreement, (A) For
the amount not exceeding total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the
Consultants hereunder OR (B) the proceeds, the Consultants may be
entitled to receive from any insurance maintained by the Consultants to
cover such a liability, whichever of (A) or (B) is higher.
(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 NHAI in a joint venture or
„in association‟, the policy must be procured and provided to NHAI 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 NHAI. The insurance company
may provide an undertaking in this regard.
(f) 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.
(g) Professional Liability Insurance may be accepted for initially one year which shall be
extended annually for five years. PLI shall be uniformly taken for a period of five
years.
3.5 The risks and the coverage shall be as follows
(h) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988
in respect of motor vehicles operated in India by the Consultants or their
Personnel or any Sub-consultants or their Personnel for the period of consultancy.
(i) Third Party liability insurance with a minimum coverage, of Rs.1.0 million for the
period of consultancy.
(j) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a
minimum coverage equal to estimated remuneration and reimbursable.
(k) Employer's liability and workers' compensation insurance in respect of the Personnel
of the Consultants and of any Sub-consultant, in accordance with the relevant
provisions of the Applicable Law, as well as, with respect to such Personnel, any
such life, health, accident, travel or other insurance as may be appropriate; and
(l) Insurance against loss of or damage to (i) equipment purchased in whole or in part
with funds provided under this Contract, (ii) the Consultants' property used in the
performance of the Services, and (iii) any documents prepared by the Consultants
in the performance of the Services.
3.7(c) The other actions are
"(i) taking any action under a civil works contract designating the Consultants as "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 Sr. Highway Engineer in Appendix C shall
serve in that capacity, as specified in Clause GC 4.6."
6.1(b) The amount payable in foreign currency or currencies is:
The ceiling in local currency is:
6.2(a) "Payments made in accordance with Clause GC 6:2(a) in local currency shall be adjusted
as follows:
(i) Annual contract value shall be adjusted every twelve (12) months (and, the first time,
applicable for the Annual contract value to be computed in the 13th calendar month
after the date of the contract) by 5% per annum. Thus, Annual contract value in
second year shall be 105% of Annual contract value in first year, so on and so
forth.
Notwithstanding any other provisions in the agreement in this regard, this provision will
prevail and over ride any other provision to the contrary in this agreement.
6.4(a) The following provisions shall apply to the interest bearing advance payment and the
advance payment guarantee:
1) An advance payment. of 10% of the contract price in proportion to the quoted
Indian currency (INR) & foreign currency (US dollar) in the bid shall be
made within 60 days after receipt and verification of advance payment
bank guarantee. The advance payment will be set off by the Client in
equal installments against the statements for the first 12 months of the
Service until the advance payment has been fully set off.
2) The bank guarantee shall be in the amount and in the currency of the foreign and
local currency portion of the advance payment.
3) Interest rate shall be 10% per annum (on outstanding amount) for local
currencyincluding converted foreign component into local currency.
6.4(c) The interest rate is 6% per annum for local currency.
6.4(e) The accounts are: For foreign
currency:
[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:
8.2.1 Selection of Arbitrators
Each dispute submitted by a Party to Arbitration shall be heard by a sole arbitrator. NHAI
shall within 30 days propose names of five (5) Arbitrators from the list of Arbitrators
maintained by SAROD (Society for Affordable Redressal of Disputes) and Consultant
shall within 30 days select one name from the list of five and the name so selected by the
Consultant shall be the Sole Arbitrator for the matter in dispute. In case NHAI delays in
providing the list of 5 names, President, SAROD will provide 5 names within 30 days of
receipt of reference from aggrieved party in this regard. In case the Consultant fails in
selecting one from the list of five, President, SAROD shall select one from the list of five
provided by NHAI within 30 days of receipt of reference from aggrieved party in this
regard.
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties be held in Delhi. (b)
The English language shall be the official language for all purposes;
(c) The decision of sole arbitrator shall be final and binding and shall be enforceable in any
court of competent jurisdiction, and the Parties hereby waive any objections to or
claims of immunity in respect of such enforcement; and
(d) Fee structure shall be as given below:
S. Particulars of fee and other
Schedule Amount payable per Arbitrator / per case
No. charges
5. Other expenses (As per actuals against bills subject to maximum of the prescribed ceiling
given below)
Traveling Expenses Economy class (by air), First class AC (by train) and
AC car (by road)
Lodging and Boarding (a) Rs.15,000/- per day (Metro cities) (b)
Rs.7,000/- per day (in other cities)
(c) Rs.3,000/- per day, if any Arbitrator makes own
arrangement.
7. Extra charges for days other Rs.5,000/- per day for outstation Arbitrator
than hearing / meeting days
(maximum for 2 days)
Note: 1. Lodging, boarding and travelling expenses shall be allowed only for those members
who are residing 100 Km away from place of meeting.
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as
Metro Cities.
IV APPENDICES
[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.]
Detailsasper TOR
[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".]
PleasereferTOR
[List under: C-lTitles [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-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work outside India.
C-4 List of approved Sub-consultants [if already available]; same information with respect
to their Personnel as in C-l through C-4)
[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 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 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.
PleasereferTOR
(a) Access to the quality control laboratory for performing various types of tests, which will
be provided by the contractor including the testing personnel.
(b) RFQ, RFP, Concession Agreement, Bid submission, Site Data and information forfield
surveys and investigations
(c) Detailed Work plan and Programme for construction and Operation and Maintenance of
Project
Highway from Contractor.
(d) Quality Assurance Plan and Quality Control Procedures from the Contractor.
(e) All the reports and necessary data as per the reporting obligation of contractor under
the concession Agreement.
(f) Necessary letters, which will be required for Visa‟s of foreign personnel and procuring
other services by the consultant for performing project services.
PleasereferTOR
In presence of
Name and Designation 1.
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. The details are as follows:
Name of Beneficiary National Highways Authority of India,
Bhubaneswar
Name of Bank Kotak Mahindra Bank, Janpath,
Bhubaneswar
1712309193
Account No.
KKBK0000493
IFSC Code
(Name)
(Name)
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.
Appendix K: Format for Omnibus Bank Guarantee
Dated: ---------------
To,
(Name and Address of Authority)
BANK GUARANTEE FOR PEFORMANCE SECURITY
In consideration of all consultancy works (hereinafter referred as the “Employer”‟ which
expression shall, unless repugnant to the context or meaning thereof include its successors,
administrators, and assigns) awarded to M/s -------------, having its office at --------, (hereinafter
referred to as the “Consultant”) which expression shall repugnant to the context or meaning thereof,
include its successors, administrators, executors and assigns), by employer and the same having
been unequivocally accepted or will be accepted by the Consultant, resulting in Contracts value up
to Rs -----/ (Rs-----) excluding service tax and the Consultant having agreed to furnish a Bank
guarantee to the Employer as “Performance Security” as stipulated by the Employer in the said
contracts for performance of the consultancy Contracts undertaken or proposed to be undertaken in
future date as a blanket security for compliance with his/its obligations in accordance with entire
Contract(s) including contracts the extended, modified, awarded and executed before the expiry of
this Bank Guarantee or renewal thereof amounting to Rs.-----/- (Rupees-----).
We, ----------, having registered office at --------------------------, a body registered / constituted
under -----------------------, (hereinafter referred to as the bank, which expression shall, unless
repugnant to the context or meaning thereof , include its successors, administrators, executors and
assigns) do hereby guarantee and undertake to pay the employer immediately on demand any part
or, all money payable by the Consultant to the extent of Rs. ----------------------/- (Rupees-------------
-----------) as aforesaid at my time up to ----------- without any demur, reservation, contest, recourse
or protest and/or without any reference to the consultant. Any such demand made by the employer
on the bank shall be conclusive and binding notwithstanding any difference between the Employer
and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. We hereby affirm that the Bank Guarantee is unconditional and irrevocable, further we
affirm that in the event of any injunction granted by any Court or Tribunal, Arbitrator restraining
the invocation of any part amount of the stated bank guarantee, the amount of Rs. ------/- (Rupees---
---------) shall get reduced by the portion affected by such injunction but the residual amount of this
bank guarantee shall remain valid. We agree that the Guarantee herein contained shall be
irrevocable and shall continue to be enforceable that is till expiry of this Bank Guarantee or renewal
thereof. Further, after encashment of Guarantee in part, the consultant shall either arrange
restoration of the Bank Guarantee for all individual projects as per bid documents, as if the
Omnibus BG Circular is not applicable to such Consultant, within 30 (Thirty) days. On compliance,
the Original BG will be returned.
The Employer shall have the fullest liberty without affecting in any way the liability of the bank
under this Guarantee, from time to time to very or to extend the time for performance of the
contracts by the Consultancy firm. The Employer shall have the fullest liberty without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any right
which they might have against the consultant and to exercise the same at any time in any manner,
and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract
between the Employer and the Consultant any other course or remedy or security available to the
Employer. The bank shall not be relieved of its obligations under these presents by any exercise by
the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of
any other act or forbearance or other acts of omission or commission on the part of the Employer or
any other indulgence shown by the Employer or by any other matter or thing whatsoever which
under law would but for this provision have the effect of relieving the Bank. The Bank also agrees
that the Employer 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
notwithstanding any security or other guarantee that the Employer may have in relation to the
Consultant‟s other guarantee that the Employer may have in relation to the Consultant‟s liabilities.
Notwithstanding anything contained herein:
1. Our liability under this Omnibus Guarantee shall not exceed Rs.------------------------------/-
(Rupees----------------------- Only);
2. Renewed/New Omnibus BG to be provided one month before the current Omnibus BG
lapses. The consultant undertakes to renew it 30 days before the date of validity, failing
which the Authority shall encash the BG.
3. We are liable to any the guaranteed amount or any thereof under this Bank guarantee if you
serve upon us a written claim or demand on or before……………..” (24 months).
Thereafter, all your rights under this Guarantee shall be forfeited and we shall be released
from all our liabilities hereunder irrespective of whether the guarantee in original is returned
to us or not.
4. This guarantee shall also be operatable at our-------------------------- branch at New Delhi,
from whom, confirmation regarding the issue of this guarantee or extension/renewal thereof
shall 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.
5. This Bank Guarantee has been issued on the request of M/s -------.
Address. 2…………………………..
Date :
*This clause shall be kept for Bank guarantee being issue outside Delhi.
And
Whereas National Highways Authority of India (hereinafter called NHAI) has invited
proposal for appointment of Authority‟s Engineer for (Name of project) 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 NHAI as
Authority‟s Engineer ; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) will be the lead partner and will be the other
JV partner/s.
(ii) (Lead partner) shall be the in charge of overall
administration of contract and shall be authorized 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 NHAI/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.
(iv) Subsequently, if the JV is selected to provide the desired consultancy services, a
detailed MOU indicating the specific project inputs and role of each partner/s along
with percentage sharing of cost of services shall be submitted to NHAI
(Consultant may submit the detailed MOU along with percentage sharing of cost
at the time of bidding also).
For (Name of Lead partner)
(iii) Deleted.
(iv) The Applicant shall upload Scanned copies of the documents as specified in point nos. 2
(ii) (A) & (B) above on the https://etenders.gov.in before 17:00 hours Indian Standard
Time on the Application due date. No hard copy of the documents as specified in point
nos. 2 (ii) (A) above is required to be submitted. In the event of any discrepancy between
the original and the copy (in electronic form), the original shall prevail.
(v) It may be noted that the Scanned copies can be prepared in file format i.e. PDF and/or ZIP
only. The Applicants can upload a single file of size of 10 MB only but can upload
multiple files.
3. MODIFICATION/SUBSTITUTION/WITHDRAWALOFBIDS:
(i) The Bidder may modify, substitute or withdraw its e- bid after submission. 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 Authority, 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.
4. OPENINGANDEVALUATIONOFAPPLICATIONS:
(i) Opening of Proposals will be done through online for both Technical Proposal &Financial
Proposal
(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.
(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.
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.