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Jne RFP

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MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION

REQUEST FOR PROPOSAL (RFP)

CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER

FOR

CONSTRUCTION OF ACCESS CONTROLLED EXPRESSWAY CONNECTOR TO HINDU HRUDAYSAMRAT

BALASAHEB THACKERAY MAHARASHTRA SAMRUDDHI MAHAMARG FROM JALNA TO NANDED IN THE
STATE OF MAHARASHTRA ON EPC MODE FOR:

i) Construction Package JNE - 05 from Km 127+840 Katneshwar in Tq. Purna & District Parbhani to
Km166+330 Borgaon Telang Tq & District Nanded (Length –38.490 Km)

ii) Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764 (Length – 13.434
Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B:
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk
(Dhanegoan Junction) with Construction of Flyover and Bridge across Godavari River in Nanded
City (Length 4.48 Km)

June 2024

Maharashtra State Road Development Corporation Ltd.

Opp. Bandra Reclamation Bus Depot, Near Lilavati Hospital, KC Marg, Bandra (West),
Mumbai - 400050.
CONTENTS

Sr
.
Particulars Page Nos.
N
o.

1 SECTION 1: Information to Consultants 1

2 SECTION 2: Letter of Invitation 6

3 SECTION 3: Format for Submission of Firms Credentials 19

4 SECTION 4: Format for Submission of Technical Proposal 22

5 SECTION 5: Format for submission of Financial proposal 33

6 SECTION 6: Terms of Reference 42

7 SECTION 7: Draft Form of Contract 61

Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from Jalna to
Nanded in The State of Maharashtra on EPC Mode for: I. Construction Package JNE - 05 from Km 127+840 Request for
Katneshwar in Tq. Purna & District Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length
Proposal for
–38.490 Km) & II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764
(Length – 13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B: AE
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan
Junction) with Construction of Flyover and Bridge across Godavari River in Nanded City (Length 4.48 Km)

REQUESTFOR PROPOSAL (RFP)

SECTION 1: INFORMATION TO CONSULTANTS

Sub.: Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from
Jalna to Nanded in The State of Maharashtra on EPC Mode for:
I. Construction Package JNE - 05 from Km 127+840 Katneshwar in Tq. Purna & District Parbhani to
Km166+330 Borgaon Telang Tq & District Nanded (Length –38.490 Km)
II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764 (Length –
13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B:
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk
(Dhanegoan Junction) with Construction of Flyover and Bridge across Godavari River in Nanded
City (Length 4.48 Km)

GENERAL:-

1. The Maharashtra State Road Development Corporation (MSRDC) (the ‘Employer’) invites proposals
from eligible consultant for supervision by MSRDC for engaging Authority’s Engineer (AE) on the
basis of International Competitive Bidding for the following contract package in the State of
Maharashtra.

TABLE 1: DETAILS OF PROJECT

AE Project Length
Sr. Consultancy Project
Package State (Km) / Project Assignment Period
No. Package Stretch
No. Cost (Cr.)
1 14 JNE-05, Maharashtra KM 127+840 56.4 Km/3910 Cr • Construction
. JNE- Katneshw ar Period: 30 Months
06(A), JNE TO • Maintenance
06(B) Km 179+764 Period: 60 Months
Flyover on Degloor;
and Bridge 0.00 +
across 4+48
Godavari
River

2. Selection of Authority Engineer shall be as per selection procedures given in the Model Agreement
for Engineering Procurement and Construction. The selected Authority Engineer shall be
intimated to the Contractor.

3. The proposal shall be submitted in English Language and all correspondence would be in the same
language.

4. MSRDC intends to appoint a consultant to act as Authority’s Engineer for implementation of this
EPC project. As per the Terms and Conditions of the EPC Agreement (s), the Authority’s Engineer
shall perform all the duties as per TOR given in this RFP along with any amendment thereof.
The selection of Authority’s Engineer shall follow the laid down procedures given in the Contract
Agreement signed between Employer and Contractor.

5. The interested consultancy firms may download the RFP document from the official website of the
Employer (www.msrdc.in) starting from 18.03.2024 to last date extended as per corrigendum issued
by the Authority. The Consultant who downloads the RFP document from the website will be required
to pay the non- refundable fee of Rs. 1,00,000/- (plus GST) online and submit receipt of fee at the
time of the submission of the Bid proposal. The RFP will be invited through e-tendering portal
(http://mahatenders.gov.in)

BIDDER Page 1 MSRDC

6. The Applicant shall furnish as part of its Proposal, a bid security of 0.02% of the estimated EPC
Cost (Actual Value to be specified rounded to nearest Lakh) i.e. 78 Lakhs in the form of a Bank
Guarantee (as per the format specified in Appendix N of this RFP document) (the “Bid Security”),
valid for 45 days beyond the validity of the bid. The Bid submitted without Bid Security will be
summarily rejected. The Bid Security of the successful Bidder will be returned when the Bidder has
signed the Contract Agreement with the Employer and has furnished the required Performance
Guarantee as specified in the document within 15 days from the receipt of the Letter of
Acceptance.
The Bid Security will be forfeited:
(a) If a Bidder withdraws its bid during the period of bid validity. or
(b) If the Bidder fails to accept the Employer’s corrections of arithmetic errors in the Bidder’s
bid (if any), or
(c) If the Successful Bidder fails to sign the contract agreement with the Employer within the
prescribed period, or
(d) If the Successful Bidder fails to furnish the Performance Security with in the stipulated time.

Unqualified Consultants would be informed regarding their non-qualification, without any

explanation and thereafter Bid Security would be returned unopened after the evaluation of the
financial proposal and signing the contract agreement with the successful bidder.

7. The proposal shall be submitted by consultancy firms in two parts. The two parts of the
proposal are
(a) Part 1: Technical Proposal
(b) Part 2: Financial Proposal

For a given EPC Project, Stage -1 of the Evaluation shall consider the evaluation of the Technical
Proposal (i.e. Part 1). The firms scoring the qualifying marks (minimum 75%) as mentioned in RFP
shall only be considered for further evaluation. Under stage 2, the financial proposal of such firms as
selected above shall be opened and evaluated. Proposals will finally be ranked according to their
combined technical and financial scores as specified in clause 5 of section 2. The first ranked
Applicant shall be selected for negotiation (the “Selected Applicant”) while the second ranked
Applicant will be kept in reserve.

8. The total time period for the assignment as Authority’s Engineer will be of 30 Months for Construction
Period + 60 Months for Maintenance Period (with reduced man power).

9. 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 partner). However, applicant may take associate partner apart from another JV
member. Bidding with more than one JV/association with different partners for the particular
package is not allowed and all such proposals involving the firms shall be treated as non-
responsive.

10. The Applicant whether a sole applicant or a joint venture(s) may include an Associate firm also.
The applicant shall submit a Memorandum of Understanding (MOU) with the Associate firm
regarding the role and responsibilities of the Associate firm along with the proposal. The
maximum numbers of key personnel of the associate firm during the RFP Proposal and
implementation of contract is limited to 6.

Proposals by JV/Consortium: In case the applicant is a sole applicant/Joint venture/ consortium

with Associate partner shall satisfy the minimum eligibility Criteria.

11. Consulting firms meeting the following criteria are only eligible for applying for this assignment.

A. Eligibility criteria for sole applicant firm.

Experience of the firm in last 10 years
Sl. No. Annual Turnover
Preparation of DPR Project Supervision/IC

BIDDER Page 2 MSRDC

Experience of the firm in last 10 years

Sl. No. Annual Turnover
Preparation of DPR Project Supervision/IC
i) The firm shall have The firm shall have Annual turnover
minimum experience of minimum experience of (updated average of
Feasibility Study / PMC/AE/IE /GC last 3 years) of the
DPR/Detailed design Construction supervision firm from
project of single project of single consultancy business
bridge/viaduct/flyover/ bridge/viaduct/flyover/ shall be equal to or
Elevated structure in Elevated structure in the more than INR 117
the highway/rail highway/rail Cr.
sector/Metro of length sector/Metro of length
2900 m 2900 m
ii) The firm shall have The firm shall have
minimum experience minimum experience of
of Feasibility Study / PMC/AE/IE/Construction
DPR/ Detailed design supervision for
project construction of a single
for construction of a access-controlled
single access- expressway/National
controlled Highway project of
expressway/National 4/6/8 lane of length 30
Highway project of kms
4/6/8 lane of length
30 kms.
iii) The firm shall have The firm shall have
minimum experience minimum experience of
of Feasibility Study / PMC/AE/IE/Construction
DPR/ Detailed design supervision for
project for construction of access-
construction of access- controlled expressway
controlled project/National
expressway/National Highway of 4/6/8 lane
Highway project of of aggregate length of
4/6/8 lane of 45 kms.
aggregate length of 45
kms.

B. Eligibility Criteria for Sole Applicant/JV / Consortium with Associate firm shall be as under:

a) Sole Applicant/ JV members / consortium with Associate firm shall jointly fulfill the criteria
requirements from serial number (i), (ii) and (iii).
b) The lead Partner of Joint venture shall fulfill at least 80% of the requirement of eligibility
criteria as indicated at 11 A. from serial number (i), (ii)and (iii).
c) Points a) and b) as mentioned above are to be considered as minimum eligibility requirement
without which the bid would be rejected.
d) JV Partner shall independently meet 30% of the eligibility criteria as given above in 11 A. from
serial number (i), (ii) and (iii).
e) Key Personnel shall be made available by either sole applicant/all the members of JV/
Consortium of Associate firm together.
f) Minimum equipment shall be made available by all the members of JV together

other firms, weightage shall be given as per the JV share 1 . However, if the applicant firm has

1
For weightage of experience in any past Consultancy assignment, experience certificate from the client shall be
submitted. In absence of clear demarcation of JV share in client certificate, the weightage will be treated as 60 % for lead

BIDDER Page 3 MSRDC

executed the project as associate with some other firms, 25% weightage shall be given to the
applicant firm for the projects completed under such association.

ii. For the above criteria Only Projects completed or substantially completed shall be considered
for evaluation. Substantially completed projects are those with over 90% completion (Physical
and financial) on the date of submission. Certificate claiming completion (Physical and
financial) shall be obtained from Govt department signed not below the rank of Executive
Engineer.

Certificates of private client shall not be considered.

iii. For the purpose of evaluation of expressway/national highway credentials for this 6-lane project,
experience of 8 lane with a multiplication factor of 1.5, experience of 6 lanes with multiplication
factor 1 and experience of 4 lane will be considered with a multiplication factor of 0.4. Projects
whose cost of consultancy services was more than Rs.3.0 crores will be considered.
12. 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:

Year of completion of services / turnover Enhancement factor

Financial year in which RFP invited 1.00
One year prior to RFP 1.05
Two years prior to RFP 1.10
Three years prior to RFP 1.15

Applicant shall indicate actual figures of costs and amount for the works executed by them without
accounting for the above-mentioned factors.

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.

13. Consultants (sole firm or lead firm and any of the JV partners) may apply for one or more
packages; however, the consultants shall be awarded a maximum of one package whichever
beneficial to Employer, if they satisfy (individually or in a JV) all the qualifying criteria as per the
RFP. A consultant may only be awarded one package out of the 21 packages.

14. Consultants (sole firm or lead firm and any of the JV partners) who have been debarred by MSRDC
or any other central/state government organization and the debarment is in force as on last date
of submission of proposal, need not apply as their RFP proposal will not be entertained. Also the
Consultant who has worked as a DPR consultant for Construction of Access Controlled Expressway
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from
Jalna to Nanded shall not be eligible to bid for the same package for which they worked as DPR
Consultant. The Consultant who worked as Nodal Consultant for Construction of Access Controlled
Expressway Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg from Jalna to Nanded shall not be eligible to bid for any package.

15. The Firm /Bidder or consortium (any member in case of JV) shall not be debarred/ blacklisted/
banned from tendering during the last 3 years by any Central / State government department /
Ministries / public sector undertaking / other government entity / any other Organization (100%
owned by Govt.) or any multilateral financial institution such as World Bank, ADB, AIIB etc. To
determine the aforesaid eligibility, Only the Firm /Bidder or its JV partner who is currently serving
or has served the full tenure of such debarment/ blacklisting/ in the last 3 years shall not be
allowed to bid for this work.

partner and 40% for minor partner. Annual turnover duly certified by Chartered Accountant shall be accepted. In case of
non-availability of such documents no weightage of turnover/experience will be considered.

BIDDER Page 4 MSRDC

16. Also no contract of the tenderer shall have been rescinded / terminated by Central or State Govt.
Department / Public Sector Undertaking / Other Govt. entity after award during last 3 years due
to non-performance of the tenderer or any of JV/Consortium members.

17. Only firms that are registered or incorporated in India are eligible to compete. A subsidiary
company, registered / incorporated in India may utilize the financial and technical credentials of
their parent/holding company having 90% share in the subsidiary company. In such cases the
subsidiary company shall have been incorporated in India for a minimum period of 5 years.

18. Employer will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, Employer shall not be responsible for any delay in receiving the proposal
and reserves the right to accept/reject any or all applications without assigning any reason
thereof.

19. The two parts of the Proposal (Technical proposal and financial proposal) must be submitted on-line
with all pages numbered serially, along with an index of submission as per procedure under e-
tendering. The technical proposal is also required to be submitted in a hard bound form in two copies
(original plus one photo copy) exactly as per submission made online with all pages numbered serially
along with an index of submission. (Hard bound implies binding between two covers through stitching
or otherwise whereby it may not be possible to replace any paper without disturbing the documents).
Spiral bound form, loose form, etc. will be not accepted. The Financial proposal is to be submitted
online only. Submission in any other form shall not be acceptable. In the event, any of the instructions
mentioned herein have not been adhered to, the Employer may reject the Proposal.

20. Employer will be at liberty to keep the credentials submitted by the Consultants at bidding
stage, in public domain and the same may be uploaded by Employer on Employer’s web-site.
Consultants shall have no objection if Employer uploads the information pertaining to their
credentials as well as of their key personnel.

21. The individual key personnel proposed in the bid by the consultants or any replacement thereof
shall undertake that they shall have no objection in uploading/hoisting of their credentials by
Employer in public domain.

22. RFP submission shall be received not later than Indian Standard Time on the date as mentioned in
the latest corrigendum issued by the Authority in the manner specified in the RFP document at
the address given below.

Address of Employer:

Chief Engineer
Maharashtra State Road Development Corporation Ltd. Opp. Bandra Reclamation Bus Depot, Near
Lilavati Hospital, KC Marg, Bandra (West), Mumbai - 400050.
Maharashtra

BIDDER Page 5 MSRDC

SECTION 2. LETTER OF INVITATION TO CONSULTANTS

1 INTRODUCTION

1.1 Bids are invited from consulting firms either as a Sole Applicant/ JV members / consortium with
Associate firm willing to act as Authority’s Engineer to submit a proposal for providing consulting
services required for the assignment named in the attached Letter of Invitation. Bidder’s
proposal could form the basis for future negotiations and ultimately a contract between Bidder
and the Employer.
1.2 A brief description of the assignment and its objectives are given in the Terms of Reference (TOR).
1.3 The assignment shall be implemented in Construction Period (30 Months) and Maintenance Period
(60 Months).
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective Applicants or
any other person. The purpose of this RFP is to provide interested parties with information that
may be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP
includes statements and assumptions, which reflect various assessments arrived at by the
Authority in relation to the Consultancy. Such assessments and statements do not purport to
contain all the information that each Applicant may require. The information contained in this
RFP, may not be complete, accurate, adequate or correct. Each Applicant shall, therefore,
conduct its own investigations about the assignment and the local conditions before submitting
the proposal by paying a visit to the Client and the project site, sending written queries to the
client, before the date and time specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the contract,
including a visit to site, are not reimbursable as a direct cost of assignment and (ii) Employer is
not bound to accept any of the proposals received by it and reserves the right to annul the
selection process at any time prior to contract award, without thereby incurring any liability to
the Consultants.
1.6 Consultant have an obligation to disclose any situation of actual or potential conflict that impacts
their capacity to serve the best interest of their Client, or than may reasonably be perceived as
having this effect. Failure to disclose said situations may lead to the disqualification of the
Consultant or the termination of its Contract and/or any other action as deemed fit by the
Authority at any stage.
The Consultant who has worked as a DPR consultant for Construction of Access Controlled
Expressway Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg from Jalna to Nanded shall not be eligible to bid for the same package for which they
worked as DPR Consultant. The Consultant who worked as Nodal Consultant for Construction of
Access Controlled Expressway Connector to Hindu Hrudaysamrat Balasaheb Thackeray
Maharashtra Samruddhi Mahamarg from Jalna to Nanded shall not be eligible to bid for any
package.
1.7 It is the Employer’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 Employer:
(a) Defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “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;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a
selection process or the execution of a contract;
(iii) “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;
(iv) “Coercive practices” means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in a procurement process, or affect the
execution of a contract.

(b) will reject a proposal for award if it determines that the Consultant recommended for award has,
directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in
competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a
contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices

BIDDER Page 6 MSRDC

in competing for, or in executing, a contract; and

(d) will have the right to require that a provision be included requiring Consultants to permit the
Employer to inspect their accounts and records relating to the performance of the contract and
to have them audited by authorized representatives of Employer

1.8 Consultants, their JV partner, their Sub-Consultants, and their associates shall not be under a
declaration of ineligibility for corrupt and fraudulent practices. Furthermore, the Consultants
shall be aware of the provisions on fraud and corruption stated in the specific clauses in the
General Conditions of Contract.
1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be paid to
agents relating to this proposal and during execution of the assignment if the Consultant is
awarded the Contract, in the Financial Proposal.
1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the submission
date. During this period, Consultants shall maintain the availability of Professional staff
nominated in the Proposal. The Client will make its best effort to complete negotiations within
this period. Shall the need arise, however, the Client may request Consultants to extend the
validity period of their proposals. Consultants who agree to such extension shall confirm that they
maintain the availability of the Professional staff nominated in the Proposal, or in their
confirmation of extension of validity of the Proposal, Consultants could submit new staff in
replacement, who would be considered in the final evaluation for contract award, in case
consultant is unable to maintain Professional Staff nominated in the proposal.

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

2.1 The Consultants may request a clarification of any of the RFP documents up to the number of
days indicated in the Data Sheet before the Proposal submission date. Any request for clarification
must be sent in writing by paper mail, facsimile, or electronic mail to the Client’s address indicated in
the Data Sheet. The Client will respond by cable, facsimile, or electronic mail to such requests and
will send copies of the response (including an explanation of the query but without identifying the
source of inquiry) to all Consultants who have purchased the RFP document. Clarification/amendment
will also be hosted on Employer’s 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 addendum.
Addendum may be sent by mail, cable, telex, facsimile or electronic mail to Consultants or/and
will be hosted on Employer’s website which will be binding on them. The Client may at its
discretion extend the deadline for the submission of Proposals.

3. PREPARATION OFPROPOSAL

3.1 Bidders are requested to submit bidder’s proposal in Two Parts strictly using the formats enclosed
herewith (refer section 3, 4 and 5). The two parts shall be:
• Part 1: Technical Proposal.
• Part 2: Financial Proposal.

The proposal shall be written in the English language as specified in the Data Sheet. All pages of the
Proposal shall be signed by an authorized representative. The representative’s authorization shall be
confirmed by written Power of Attorney duly notarized to be submitted with the proposal. In case of
JV or inclusion of Associate Company, a MoU indicating the specific Projects, input and role of each
Partner etc. shall be submitted with the proposal.
Part 1: Technical Proposal

3.2 You are expected to examine all terms and conditions included in the documents. Failure to act or to
provide all requested information will be at Bidder’s own risk and may result in rejection of the
proposal.

3.3 During preparation of the Technical proposal you may give particular attention to the following :

i. The man-months for the assignment shall be that stated in the Terms of Reference. The same
shall be considered for the purpose of evaluation as well as award. In case the man months of

BIDDER Page 7 MSRDC

TOR are amended in view of Client’s own initiative or in response to clarification sought by any
Consulting firm, the man months so amended and published shall be considered for the
purpose of evaluation as well as award.
ii. The Consultants shall prefer to field as many of their permanent staff as possible. At least 20% of
the Key personnel shall be on permanent pay roll. The permanent staff would be considered those
already employed with the firm prior to one year from the month during which this Tender Notice
is issued. Applicant shall submit the details of the period of employment of the proposed
personnel with the firm.
iii. 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

3.4 Bidder’s Technical Proposal shall 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 shall indicate, inter-
alia, the profiles of the staff provided, duration, contract amount and firm’s involvement.
The details of assignments on hand shall also be furnished by the consultant and their
JV partner, separately.
ii. Any comments or suggestions on the ToR and a description of the methodology (work plan)
which the firm proposes to execute the services, illustrated with bar charts of activities.
iii. The composition of the proposed staff team, the tasks which shall be assigned to each and
their timing;
iv. Requirement for submission of CVs.
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 shall include years with the firm and degree of responsibility held in various
assignments. In CV format, at summary, the individual shall declare his qualification & total
experience (in years) against the requirements specified in TOR for the position (Ref.
Enclosure-B of TOR). If any information is found incorrect, at any stage, action including
termination and debarment from future projects up to 2 years may be taken by Employer on
the personnel and the Firm.
c. If same CV is submitted by two or more firms in an assignment, zero marks shall be given for
such CV. Key personnel has to certify in their CV that he has not consented to any consultant
other than the applicant to propose their CV for any position for this assignment. In case the
key personnel is found having given consent to more than one bidder, he shall be debarred by
the Employer for 2 years.
d. All the CVs which are to be evaluated shall be complete in all respects including signing and
certification by the individual and the firm.
e. If a CV score less than 75% marks, whatever marks it score will be carried forward for maximum
3 nos key personnel for determining the total score of the firm. However, if the Key Personnel
does not fulfill the minimum academic qualification (as mentioned at Enclosure-B of TOR of
RFP), the overall score of his CV will be evaluated as zero. If the Key Personnel does not fulfill
the minimum qualification related to experience (as mentioned at Enclosure-B of TOR of
RFP), then zero marks will only be assigned for that sub criteria, but the marks obtained by
the CV of the Key Personnel will be carried forward for maximum 3 nos key personnel for
determining the total score of the firm. In case, a firm is H-1, then all such Key Personnel
(whose CV scores less than 75% or who does not fulfill the minimum qualification) will have to
be replaced by the firm at the time of contract negotiations by persons scoring at least 75%
marks. The reduction in remuneration of such replacements shall be 5%, 10% and 15 % for 1st
replacement, 2nd replacement and 3rd replacement respectively. In case more than 3 CV
scores less than 75% marks or Team leader cum Highway Engineer scores less than 75% marks,
the proposal shall be considered non- responsive. During negotiation, Key Personnel will be
required to produce certificate regarding qualification and experience. However, the officials

BIDDER Page 8 MSRDC

retired from MSRDC may be exempted from producing the experience certificate.
v. Deployment Schedule for each key personnel shall be formulated and incorporated in the
Technical Proposal which will be reviewed on quarterly basis.
vi. Estimates of the total time effort (person x months) to be provided for the services,
supported by bar chart diagrams showing the time proposed (person x months) for each
professional staff and sub professional staff.
vii. A certification to the effect shall be furnished by the Consultant that they have checked the
qualifications and experiences details submitted by the key personnel in their CVs and found to
be correct. This certification shall be made in CVs of all key personnel after the certification
by the candidate. The format of CV includes certification to this effect.
viii. Each key personnel of the preferred Consultant shall be called for interview at the time of
negotiation at the cost of Consultant.
ix. Replacement of key personnel shall be considered only in unavoidable circumstances. In no
case more than two replacements of key personnel shall be permitted during negotiation and
in such cases Consultant and such key personnel shall have to submit affidavit to the effect
that during the period of assignment specified in para 8 of Section:1, the replaced key
personnel shall not be professionally employed anywhere in Employer’s works. Employer shall
not further consider CV of such key personnel directly or indirectly for any of its projects for this
period. The reduction in remuneration of such replacements shall be 5% and 10% for1st
replacement and 2nd replacement respectively within validity period of bid. In case during
negotiations held within validity period of bid, more than two replacements are sought by the
H-1 consultant, his proposal shall be considered as Non-Responsive. In such case the
combined score of remaining technically qualified firms, meeting the non-conflict condition
shall be evaluated to arrive at new H-1. In case during interaction with the key personnel at
the time of negotiation it is found that the key personnel proposed is un- suitable for the
assignment position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not be considered in any future
bids for that position for two years. No deduction for such replacement who are not found
suitable during interaction shall be made. In the eventuality that a firm becomes non-
responsive, for the third time, due to the action of replacements of more than 2 key personnel
during negotiation, the firm and its constituent JV partners and Associates shall be debarred
up to one years for Employer’s consultancy projects.
x. Any additional information.

3.5 The technical proposal must not include any financial information.
Part 2: Financial Proposal

3.6 Bidder’s Financial Proposal must be strictly using the formats attached in Section 5. No additional
items/quantities other than that specified in the formats shall be proposed by the Consultants
since the same shall not be considered for the evaluation/award.

Consultants shall be paid billing rates for services rendered by the personnel of all categories
namely (i) key Personnel; (ii) sub- Professional personnel (iii) Support staff on man-month basis.
And for remaining items of financial proposal namely (i) transportation, (ii) Duty travel to site
(iii) Office Rent, (iv) office supplies communication etc. (v) reports & document printing and (vi)
survey equipment etc. the consultants shall be paid on monthly billing rate basis.

In case the progress of the work is lagging behind the scheduled milestones due to various
reasons beyond control of Authority/Authority Engineer such as non-availability of certain parcels
of land, forest clearance, poor performance of contractor etc. in such situations/circumstances,
the Authority shall review the requirement of personnel & also of the logistics items
commensurate to the progress of the work, the Authority may also de-mobiles the Authority’s
Engineer, if project is standstill. The Authority may reduce deployment of personnel & logistics
as per assessment of situation in consultation with the Authority’s Engineer.

The payment of remuneration and also of the reimbursable items in such cases may be paid as
per the actual deployment of personnel /Logistics.

3.7 The Financial Proposal shall clearly identify as a separate amount, the local taxes (including

BIDDER Page 9 MSRDC

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 Indian Rupees only.

3.9 GST as applicable shall be paid to the consultant while making payment for services rendered.
The Consultants shall then deposit the same with the tax authorities and provide a proof of having
done so within next 90 days in line with policy circulars issued by Employer. Employer shall pay
only the GST.

4. SUBMISSION, RECEIPT ANDOPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:

i. Detailed RFP may be downloaded from E-tendering portal of Employer and the Application may be
submitted online following the instructions appearing on the screen.
ii. The following shall be the form of various documents in the Application:

A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)

(a) Technical proposal as indicated in para ‘B’ below

(b) Financial proposal as per format prescribed in SECTION-5 OF RFP.

B. Hard copy in Original (identical to proposal sto be submitted in Sealed Envelope and also
Electronic form to be uploaded on the E-tendering portal of Employer

(I) Technical Proposal in Hard Bound Form including

(a) Power of Attorney for signing the Application
(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if applicable;
(d) Copy of Memorandum of Understanding with Associate, if applicable
(e) Firm’s credentials as per format prescribed in SECTION-3 OF RFP.
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.

(II) On line receipt of cost of RFP document of Rs. 1,00,000/- plus GST (Rupees One Lakh plus
GST);
(III) Bid Security (for the amount given in section 1 of this document) in the form of a Bank Guarantee
and the format specified in this document and
(IV) Application processing fee as applicable shall be paid to the Service provider of E- tendering
portal.

iii. The Applicant shall submit the original documents specified above in point no.4.1 (ii) B together
with their respective enclosures and seal it in an envelope and mark the envelope as “Technical
Proposal” for the Project for which proposal is submitted and name and address of the Applicant.
The envelope shall be clearly marked “DO NOT OPEN, EXCEPT IN THE PRESENCE OF THE
EVALUATION COMMITTEE”. In addition, the Application due date shall be indicated on the right-
hand corner of the envelope. The original documents shall be submitted before 14.00 Hrs. Indian
Standard Time on the Application due date as mentioned in the latest corrigendum issued by the
Authority, at the below mentioned address in the manner and form as detailed in the RFP. A
receipt thereof shall be obtained from the below mentioned person.
(Address of Employer’s Representative :)
Chief Engineer
Maharashtra State Road Development Corporation Ltd.
Opp. Bandra Reclamation Bus Depot,
Near Lilavati Hospital, KC Marg,
Bandra (West), Mumbai - 400050.
Maharashtra

BIDDER Page 10 MSRDC

iv. The Applicant shall upload scanned copies of the Technical Proposal and Financial Proposal as
specified in point nos. 4.1 (ii) A & B above on the E-tendering portal of Employer before 14.00
Hrs Indian Standard Time on the Application due date as mentioned in the latest corrigendum
issued by the Authority. Hard copy of the documents as specified in point nos. 4.1 (ii) B
above only is required to be submitted. Financial Proposal is to be submitted On-line only and no
hard copy submission is to be made.
In the event of any discrepancy between the original and the copy (in electronic form), the original
shall prevail.

4.2 Modification / Substitution/ Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e- bid, prior to the Bid Due Date. No Bid
shall be modified, substituted or withdrawn by the Bidder on or after the Bid Due Date.
(ii) Any alteration/ modification in the Bid or additional information supplied subsequent to the
Bid Due Date, unless the same has been expressly sought for by the Employer, shall be
disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and
upload / resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can
withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a bid for any
reason, bidder cannot re-submit e-bid again.

4.3 OPENING ANDEVALUATION OF APPLICATIONS:

(i) Opening of Proposals will be done through online for Financial Proposal and both online and
manually for Technical 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.

The Employer shall open Envelope containing Technical Proposal received as mentioned in
point nos. 4.1 (ii) B at Indian Standard Time and on the date as mentioned in the latest
corrigendum issued by the Authority in the presence of the Applicants who choose to attend.
The Employer will subsequently open the Technical Proposal as mentioned in point no.4.1 (ii) A
(a) above and evaluate the Applications in accordance with the provisions set out in the RFP.

(iii) The Financial Proposal 4.1 (ii) A (b) will be opened of the short-listed applicants who qualify for
financial opening as per RFP. The date of opening of Financial Proposal will be notified later on.

5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted

Technical Proposal
5.3 The Evaluation Committee appointed by the Employer shall carry out its evaluation
applying the evaluation criteria and point system specified in the data sheet. Each responsive
proposal shall be attributed a technical score (ST.) Only those Applicants whose Technical
proposal score 75 marks or more out of 100 shall qualify for further consideration. However, if
the number of such pre- qualified applications is less than two, the Employer may, in its sole
discretion, pre-qualify the applicant(s) whose technical score is less than 75 marks.

Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is finalized,the
Employer may notify those Consultants whose proposals were not considered as per conditions of
RFP. The Employer shall simultaneously notify the shortlisted firms indicating the date and time
set for opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the Consultants’

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representatives who choose to attend. The name of the consultant, the technical scores, and
the proposed prices shall be read aloud and recorded when the Financial Proposals are opened.
The Client shall prepare minutes of the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial Proposals are
complete (i.e. whether they have included cost of all items of the corresponding proposals; if
not, then the cost towards such missing items will be considered as NIL, but the Consultant
shall, however, be required to carry out such obligations without any additional compensation.)
and without computational error. In case under such circumstances, if Client feels that the work
cannot be carried out within the overall cost as per the submitted financial proposal, such
proposals shall be considered non responsive.
5.7 The lowest financial proposal (FM) will be given a financial score (S F) of 100 points. The
financial scores of other proposals will be computed as follows:
SF= 100 x FM/F ( F= amount of financial proposal)
5.8 Proposals will finally be ranked according to their combined technical (ST) and financial (SF)
scores as follows:
S= ST X Tw+SF X Fw

Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal and
Financial Proposal that shall be 0.80 and 0.20 respectively.
5.9 The selected Consultant shall be the first Ranked Applicant (H-1, having the highest combined
score). The second ranked applicant (H-2) shall be kept in reserve and may be invited for
negotiation in case the first ranked Applicants withdraws, or fails to comply the requirements
specified in this document. In the event the proposals of two or more Consultants have the
same scores in the final ranking, the proposal with the highest technical score shall be ranked
first.

6 NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the Employer shall notify the successful
firm who submitted the highest scoring proposal in writing by registered letter or facsimile and
may either issue LOA if negotiations are not required or may invite it to negotiate the
contract. In case two or more firms obtain same score, the firm achieving the highest technical
score shall be invited first for negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on all points, and initial
a draft contract by the conclusion of negotiations
6.3 In case of 1st round of negotiation is not held within 180 days from the Bid Receipt Date due to
reasons attributable to Employer, the selected consultant (H-1) shall be permitted for
replacement up to a maximum of 50% key personnel with key personnel of equivalent or better
qualifications without considering the same as replacement and without any deduction.
However, for avoidance of doubt, it is clarified that replacement of key personnel whose CV has
scored less than 75% marks shall continue be considered as replacement as per para 3.4.(iv) (f).
6.4 Negotiations shall commence with a discussion of Bidder’s technical proposal, the proposed
methodology (work plan), staffing. Agreement shall then be reached on the 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
Employer to ensure satisfactory implementation of the assignment.
6.5 It is the responsibility of the Consultant, before starting financial negotiations, to contact the
local tax authorities to determine the local tax amount to be paid by the Consultant under the
Contract. The financial negotiations will include a clarification (if any) of the firm’s tax
liability in the Client’s country, and the manner in which it will be reflected in the Contract;
and will reflect the agreed technical modifications in the cost of the services.
6.6 Having selected a firm, among other things, on the basis of an evaluation of proposed key
professional staff, the Employer’s expects to negotiate, a contract on the basis of the staff
named in the proposal and, prior to contract negotiations, will require assurance that this staff
shall be actually available.
6.7 Replacement of key personnel shall be considered only in unavoidable circumstances. In no case
more than two replacements of key personnel shall be permitted during negotiation. The
reduction in remuneration of such replacements shall be 5% and 10% for 1st replacement and

BIDDER Page 12 MSRDC

2nd replacement respectively within validity period of bid. In case during negotiations held
within validity period of bid, more than two replacements are sought by the H1 consultant, his
proposal shall be considered as non-responsive. In such case the combined score of remaining
technically qualified firms, meeting the non- conflict condition shall be evaluated to arrive at
new H1. In case during interaction with the key personnel at the time of negotiation it is found
that the key personnel proposed is un- suitable for the assignment position, his replacement by
equivalent or better shall be provided by the consultant. The key personnel with such un-
suitable CV shall not be considered in any future bids for that position for two years. No
deduction for such replacement who are not found suitable during interaction shall be made. In
the eventuality that a firm becomes non- responsive, for the third time, due to the action of
replacements of more than 2 key personnel during negotiation, the firm and its constituent JV
partners and Associates shall be debarred up to one year for Employer’s consultancy projects.
6.8 Each key personnel of the preferred consultant shall be called for interview at the time of
negotiation at the cost of the Consultant. The negotiations shall be concluded with a review of the
draft form of Contract. The Employer and the firm will finalize the contract to conclude
negotiations

7 AWARD OF CONTRACT
7.1 After completion of negotiations with the Consultants, the Client shall award the Contract to
the selected Consultant.
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.

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DATASHEET
(As Mentioned in Letter of Invitation to Consultants)

Sub clause No. in Letter of Invitation to Consultants

1.1 Pre-Proposal Conference shall be held at: Employers office at 11.30 Hrs on 05.04.2024.
1.2 The proposal shall be valid for 180 days after the last date of submission.
1.3 Clarification may be requested 7 days prior to Pre- P r o p o s a l Conference. The address for
requesting clarification is:

Address of Employer’s Representative:

Chief Engineer
Maharashtra State Road Development Corporation Ltd. Opp. Bandra Reclamation Bus Depot, Near Lilavati
Hospital, KC Marg, Bandra (West), Mumbai - 400050.
Maharashtra

1.4 The Language of documents and correspondence will be English. All the personnel shall have
working knowledge of English and all the reports etc. shall be written in English.
1.5 Employer shall pay only GST. Consultant has to assess all other taxes and shall inbuilt them in their
financial proposal. These taxes (other than GST) shall not be paid separately.
1.6 Consultants are requested to consult tax consultants for details. The Consultants to state all cost in
Indian Rupee only.
1.7 The time and date of submission: On or before as mentioned in the latest corrigendum issued by
the Authority.
1.8 The points assigned to Technical Evaluation criteria are:

Table-1: Evaluation Criteria for Technical Proposal

Sr. Description Points
No. Break up
details given
1 Firms Relevant Experience in last 10 years 30
below
2 Adequacy of Approach and Methodology 15

4 Qualification and Relevant Experience of the 55

Proposed Key Personnel
Total 100

The weightage points given to evaluation sub-criteria for qualifications and competence of key staff are
asunder in Table -2:
Table-2: Weightage Points for Key Professionals
Description Weight (%) Break Up
Details
General Qualification 25 Given below
Relevant Experience and Adequacy for the Project 70
Employment with the Firm 5
Total 100

The number of points to be given under each of the evaluation criteria for sole applicant/ JV/ Consortium
with Associate firm are as below: -

I. Firms relevant experience in last 10 years (preceding financial year 2022-23) - 3 0 points

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(a) Average annual turnover for last three years Points

Annual turnover (updated average of last 3 years) of the firm 5

Registered in India from consultancy business shall be.

Less than 117 Cr. 0

Equal to or Greater than 117 Cr. but less than 122 Cr. 3

Equal to or Greater than 122 Cr. but less than 128 Cr. 4

Equal to or Greater than 128 cr. 5

Total 05 Points

(b) Experience of consultancy related Assignments in last 10 years 25 Points

(i) The firm shall have minimum experience of Feasibility Study / 2

DPR/Detailed design project of single
bridge/viaduct/flyover/Elevated structure in the
highway/rail/Metro sector of length

Less than 2900 m 0

Equal to or Greater than 2900 m but less than 4300 m 1

Equal to or Greater than 4300 m 2

(ii) The firm shall have minimum experience of PMC/AE/IE /GC 3

Construction supervision project of single bridge/viaduct/flyover/
Elevated structure in the highway/rail /Metro sector of length

Less than 2900 m 0

Equal to or Greater than 2900 m but less than 2600 m 1

Equal to or Greater than 2600 m but less than 4300 m 2

Equal to or Greater than 4300 m 3

(iii) The firm shall have minimum experience of Feasibility Study / DPR/ 5
Detailed design project for construction of a single access-controlled
expressway/National Highway project of 4/6/8 lane of length

Less than 30 km 0

Equal to or Greater than 30 km but less than 37.5 km 1

Equal to or Greater than 37.5 km but less than 45 km 3

Equal to or Greater than 45 km 5

(iv) The firm shall have minimum experience of PMC/AE/IE/Construction 5

supervision for construction of a single access-controlled
expressway/National Highway project of 4/6/8 lane of length

Less than 30 km 0

Equal to or Greater than 30 km but less than 37.5 km 1

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Equal to or Greater than 37.5 km but less than 45 km 3

Equal to or Greater than 45 km 5

(v) The firm shall have minimum experience of Feasibility Study / DPR/ 5
Detailed design project for construction of access-controlled
expressway/National Highway project of 4/6/8 lane of aggregate
length of

Less than 45 km 0

Equal to or Greater than 45 km but less than 56 km 1

Equal to or Greater than 56 km but less than 67.5 km 3

Equal to or Greater than 67.5 km 5

(vi) The firm shall have minimum experience of PMC/AE/IE/Construction 5

supervision for construction of access-controlled expressway
project/National Highway of 4/6/8 lane of aggregate length of

Less than 45 km 0

Equal to or Greater than 45 km but less than 56 km 1

Equal to or Greater than 56 km but less than 67.5 km 3

Equal to or Greater than 67.5 km 5

NOTE:
i) For the above criteria Only Projects completed or substantially
completed shall be considered for evaluation. Substantially
completed projects are those with over 90% completion (Physical
and financial) on the date of submission. Certificate claiming
completion (Physical and financial) shall be obtained from Govt
department signed not below the rank of Executive Engineer.
Certificates of private client shall not be considered.

ii) For the purpose of evaluation of expressway/national highway

credentials for this 6-lane project, experience of 8 lane with a
multiplication factor of 1.5, experience of 6 lanes with
multiplication factor 1 and experience of 4 lane will be considered
with a multiplication factor of 0.4. Projects whose cost of
consultancy services was more than Rs.3.0 crores will be considered.

BIDDER Page 16 MSRDC

II. Adequacy of the proposed work plan and methodology in responding to the TOR Sub criteria:15 Points

a Project assignment & Site Appreciation 2.5

b Comments on TOR 2.5
c Team Composition, Task assignment and Team 5.0
deployment schedule
d Detailed approach Methodology and work plan 5.0

III. Qualification and competence of the key staff for adequacy of the Assignment:55 Points
The weightage for various key staffs is as under:

Sr. Key Personnel Points

No
.
1. Team Leader 10
2. Resident Engineer (Highways) - 1 5
3. Resident Engineer (Highways) - 2 5
4. Resident Engineer ( Bridge/Structure) - 1 5
5. Resident Engineer ( Bridge/Structure) - 2 5
6. Highway Design cum Pavement Specialist 3
7. Bridge/ Structural Design Engineer 3
8. Sr. Contract Specialist 3
9. Senior Quantity Surveyor 3
10. Sr. Quality cum Material Engineer 3
11. Environmental Expert 2
12. Road Safety Expert 2
13. Resident Engineer Horticulture 2
14. Landscape Architect / Expert 2
15. Hydraulic / Irrigation Engineer 2

The technical proposal shall score at least 75 marks to be considered responsive for financial

evaluation.

Eligibility Criteria for Sole Applicant/JV / Consortium with Associate firm shall be as under:
a) Sole Applicant/ JV members / consortium with Associate firm shall jointly fulfill the criteria
requirements from serial number 1.8, I, b (i) to (vi).
b) The lead Partner of Joint venture shall fulfill at least 80% of the requirement of eligibility criteria
as indicated at 1.8, I, b from serial number (i) to (vi).
c) Points a) and b) as mentioned above are to be considered as minimum eligibility requirement
without which the bid would be rejected.
d) JV Partner shall independently meet 30% of the eligibility criteria as given above in 1.8, I, b from
serial number (i) to (vi).
e) Key Personnel shall be made available by either sole applicant/all the members of JV/ Consortium
of Associate firm together.
f) Minimum equipment shall be made available by all the members of JV together

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Note:
i. The weightage given for experience of a firm would depend on the role of the firm in the
respective assignments. The firm’s experience would get full credit, if it was the sole firm in the
respective assignment. If the applicant firm has completed projects as JV with some other
firms, weightage shall be given as per the JV share. However, if the applicant firm has executed
the project as associate with some other firms, 25% weightage shall be given to the applicant
firm for the projects completed under such association.

ii. For the above criteria Only Projects completed or substantially completed shall be considered
for evaluation. Substantially completed projects are those with over 90% completion (Physical
and financial) on the date of submission. Certificate claiming completion (Physical and financial)
shall be obtained from Govt department signed not below the rank of Executive Engineer.

Certificates of private client shall not be considered.

1.9 Commencement of Assignment: The firm shall begin carrying out the services within one month of
signing of the Consultancy Agreement.

Note: Consultants (sole firm or lead firm and any of the JV partners) may apply for one or more
packages; however, the consultants shall be awarded a maximum of one package if they satisfy
(individually or in a JV) all the qualifying criteria as per the RFP. A consultant may only be awarded
one package out of the 21 packages.

BIDDER Page 18 MSRDC

SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS

The proposal shall contain the following information in enclosed format attached at Appendix A.
• Year of Establishment of Firm
• Average annual turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last three
years (FY 2020-2021, FY 2021-2022 and FY 2022-2023). For claiming experience of Highway
projects, completion certificate from employer shall be enclosed. The proposal shall 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 shall be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm *
Consultant Year of Coun Type of Organization
Establishm try
ent
Individ Partnershi Corporatio Other
ual p n
Individual / Lead
Partner (of JV) /
Minor Partner of
JV/Associate

NOTE: - Year of Establishment of Lead Partner of JV shall be considered. *Copy of Certificate of

incorporation shall be submitted.

iii. Office/Business Address/Telephone nos. /Cable Address.

iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two (2) principals who may be contacted with title and telephone number/fax
number/e-mail.
vi. Financial Statement of the last three years.

Sl. Particular 2022-2023 2021-2022 2020-2021

No.
i. Annual turnover from
Consulting business
ii. Total Assets
iii. Current Assets

▪ Balance Sheet/ Auditor Certificate of last 3 years (2020-21, 2021-22 and 2022-23) shall be
submitted as evidence of Annual Turnover**

**the amount shall be stated in INR. (Consider 1US Dollar = INR 83.00 and 1 Euro = INR 89.00.)

▪ The currency conversion rate for the respective years shall be mentioned for other
international currencies.

BIDDER Page 19 MSRDC

Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from Jalna to Request for
Nanded in The State of Maharashtra on EPC Mode for: I. Construction Package JNE - 05 from Km 127+840 Proposal for
Katneshwar in Tq. Purna & District Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length
AE
–38.490 Km) & II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764
(Length – 13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B:
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan
Junction) with Construction of Flyover and Bridge across Godavari River in Nanded City (Length 4.48 Km)

vii. Experience as Independent Consultant/Construction supervision.

Projects Name /
Year
Sole Consultant Client (with Fee
Total Fee for % age of
/ Prime complete received by Approx.
Type of the total fee
Consultant of Length of address Applicant ( Cost of
S No Services Consultancy received Period
JV / minor Project ( kms ) , contact person, in case Highway
Rendered Assignment by the
Consultant of telephone No of JV / Project
(INR) firm
JV / as s. And Fa x Nos.) Association)
Associate
Consultant
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed projects:
1.
2.
3.
B. Projects in progress:
1.
2.
3.

viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report preparation.

Projects Name / Year Client (with

complete address Tot a l Fe e for Fee received
% age of tot
Sole Consultant / Prime Type of Length of , contact the by Applicant
S al fee
Consultant of JV / Minor Services Project person , Consultancy ( in case of Period
No received by
Consultant of JV / Rendered (kms) telephone Assignment JV /
the firm
/ as Associate Consultant Nos. And Fax (INR ) Association)
Nos.)
1 2 3 4 5 6 7 8 9

BIDDER Page 20 MSRDC

Note:
a) Only those projects, to be included in the table for which clients certificates from the
concerned Government agencies are enclosed with the proposal.

b) The weightage given for experience of a firm would depend on the role of the firm in the
respective assignments. The firm’s experience would get full credit if it was the sole firm in
the respective assignment. If the applicant firm has completed projects as JV with some other
firms, weightage shall be given as per the JV share. However if the applicant firm has executed
the project as associate with some other firms, 25% weightage shall be given to the applicant
firm for the projects completed under such association

c) For weightage of experience in any past Consultancy assignment, experience certificate from
the client shall be submitted. In absence of clear demarcation of JV share in client
certificate, the weightage will be treated as 60 % for lead partner and 40% for minor
partner. Annual turnover duly certified by Chartered Accountant shall be accepted. In case
of non-availability of such documents no weightage of turnover/experience will be
considered.

ix. Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be given in
the following format.
Sr. No Name of Client Role of Date of Date of Present Team Members
Assignment the firm letter of Agreem status of provided by the firm
Accepta ent if Assignme
Sole,
nce signed nt
Lead/
Other in
JV or sub- Nam DOB Positi
consultant e on
( (2) (3) (4) (5) (6) (7) (8) (9) (10)
1
)

BIDDER Page 21 MSRDC

SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.

Firm’s comments and suggestions on the Terms of Reference

Appendix B-2 and on data, services, and facilities to be provided by the Employ

Approach paper on methodology and work plan for

Appendix B-3 performing the assignment.

Appendix B-4 Composition of the Team and Task(s) of each Team member

Appendix B-5 Curriculum vitae of proposed Professional staff.

Appendix B-6 Time schedule for deployment of Professional staff

Appendix B-7 Activity(works) schedule.

Appendix B-8 Affidavit for correctness of CVs of key personnel and experience
claimed by the firm.

BIDDER Page 22 MSRDC

APPENDIX B-1: TECHNICAL PROPOSAL SUBMISSION FORM.

FROM (Name of Firm)

To: (Name and Address of Client)

Respected Sir/Madam

Subject: Consultancy Services for Authority’s Engineer for Construction of Access Controlled
Expressway Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg from Jalna to Nanded in The State of Maharashtra on EPC Mode for:
I. Construction Package JNE - 05 from Km 127+840 Katneshwar in Tq. Purna & District
Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length –38.490 Km)
II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764
(Length – 13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist.
Nanded and Part-B: Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka
to Chatrapati Chowk (Dhanegoan Junction) with Construction of Flyover and Bridge
across Godavari River in Nanded City (Length 4.48 Km)

We, the undersigned, offer to provide the consulting services for the above in accordance with
Bidder’s Request for Proposal dated (Date), and our Proposal. We are hereby submitting our
Proposal, which includes this Technical Proposal and a Financial Proposal sealed under a separate
envelope for the above-mentioned work.

We understand that Employer shall be at liberty to keep the credentials of consultants submitted at
bidding stage, in public domain and the same may be uploaded by Employer on official website of
Employer. We undertake that we shall have no objection if Employer uploads/hosts the information
pertaining to credentials of our firm as well as of our key personnel.

If negotiations are held during the period of validity of the Proposal i.e. before (Date) we undertake
to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the
modifications resulting from contract negotiations.

We understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely, Managing Director/Head of the

firm/Authorized Representative of the firm + *

Name of the firm

*Lead Member in case of JV

BIDDER Page 23 MSRDC

APPENDIX B-2: COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND
ON SERVICES AND FACILITIES TO BE PROVIDED BY THE EMPLOYER

On the Terms of Reference (not more than one page):

….

On the services and facilities to be provided by the Employer (not more than one page) 1. 2.

….

BIDDER Page 24 MSRDC

APPENDIX B-3: APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT

(Not more than eight pages)

BIDDER Page 25 MSRDC

APPENDIX B-4: COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF EACH TEAM MEMBER

1. Technical/Managerial Staff

Sl. Name Position Task

No.
1

2. Support Staff

Sl. Name Position Task

No.
1

BIDDER Page 26 MSRDC

APPENDIX B-5: FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:………………………………………………

Name of Firm:..................................................................................
Name of Staff: ........................................................................................
Profession :
Date of Birth:
Years with Firm/Entity: ........................................... Nationality:……………………….
MembershipofProfessionalSocieties:.........................................................................
Detailed Task Assigned: ..............................................................................................

S.No Name of Post Project Period Assignmen Client Rema

Employe Held Name t in the of rk
r Project the
Proje
ct
From To

Education:
[Summarize 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 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,
andwriting]

Summary of Qualification & Experience vis-à-vis the requirements as per TOR

Requirements as Possessed by Break-up of experience

per TOR the Staff Brief Description of Man-months
(Enclosure-B) Member Project provided

BIDDER Page 27 MSRDC

Certification by the Candidate

I, the undersigned, (Name and Address) undertake that this CV correctly describes myself, my
qualifications and my experience and Employer would be at liberty to debar me if any information
given in the CV, in particular the Summary of Qualification & Experience vis-à-vis the requirements as per
TOR is found incorrect. I further undertake that I have neither been debarred by MSRDC or any other
central/ stage government organization nor left any assignment with the Consultants engaged by
Employer / contracting firm (firm to be supervised now) for any continuing work of Employer without
completing my assignment. I will be available for the entire duration of the current project (named…..).
If I leave this assignment in the middle of the work, Employer would be at liberty to debar me from
taking any assignment in any of the Employer works for an appropriate period of time to be decided by
the Employer. I have no objection if my services are extended bythe Employer for this work in future.

I further undertake that my CV is being proposed for this project by --------- (the applicant firm) and I
have not given consent to any other consultant(s) to propose my CV for any position for this project.

I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such unavoidable
circumstances, I shall not undertake any employment in Employer projects during the period of
assignment of this project and Employer shall consider my CV invalid till such time.

I undertake that I have no objection in uploading/hosting of my credentials by Employer in public

domain.

For Key Personnel having intermittent inputs, add the following:

I further certify that I am associated with the following assignments as on date (as on 7 days prior to
due date for submission of proposal) including those for which LOA has been received by the firm and the
inputs in these assignments shall not affect the work of the current assignment.

Name of Cli Date of Likely start Likely end Total input of the
Assignm ent LOA (Month / Year) (Month / person (man-
ent Year) months)

Vertical Presentation of above table

Note : CVs of Key Personnel having intermittent inputs will be considered only if the assignments on
hand as on 7 days before due date of proposal including those for which LOA has been received from
the Client or for which Consultant has been declared as H1 do not exceed 3 (three) for Senior Contract
Specialist , and Sr. Quantity Surveyor.

………………………………………………………….. Date (Signature of Key Personnel)

(Day/Month/Year)

BIDDER Page 28 MSRDC

Certification by the firm

The undersigned on behalf of ---------- (name of consulting firm) certify that the qualification and
experience details of Shri (name of the proposed personnel and address) as described in the CV
has been checked and found to be correct. It is also certified that Shri-------- (name of proposed
personnel) to the best of our knowledge has neither been debarred by MSRDC or any other
Central/State Government organization nor left his assignment with any other consulting firm engaged
by the Employer / Contracting firm (firm to be supervised now) for the ongoing projects. We
understand that if the information about leaving the past assignment is known to the Employer,
Employer would be at liberty to remove the personnel from the present assignment and debar him for
an appropriate period to be decided by the Employer.

………………………………………………………….. Date:……………… (Day/Month/Year)

[Signature of authorized representative of the Firm]

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.

BIDDER Page 29 MSRDC

Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway Request for
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from Jalna to Proposal for
Nanded in The State of Maharashtra on EPC Mode for: I. Construction Package JNE - 05 from Km 127+840 AE
Katneshwar in Tq. Purna & District Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length
–38.490 Km) & II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764
(Length – 13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B:
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan
Junction) with Construction of Flyover and Bridge across Godavari River in Nanded City (Length 4.48 Km)

APPENDIX B-6: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

A. Activity Schedule

Month wise Program (in form of Bar Chart)

[1st, 2nd etc. are months from start of assignment]
Sl.
Name Position
No. Number
1s 2n 3r 4t 5t 6t 7t 8t 9t 11t 12th &
10th of
t d d h h h h h h h subsequent year Months

1 Subtotal
(1)

2 Subtotal
(2)

3 Subtotal
(3)

4 Subtotal
(4)

- -

BIDDER Page 30 MSRDC

APPENDIX B-7: ACTIVITY (WORKS) SCHEDULE

A. Activity Schedule

Month wise Program (in form of Bar Chart)

[1st, 2nd etc. are months from start of assignment]

th
Sl. No. Item of Activity (Works) 1st 2 3r 4t 5t 6 7th 8th 9th 10th 11th 12th
n d h h
d
1 .............................................
...
2 .............................................
...
3 .............................................
...
4 .............................................
...
- .............................................
...
- .............................................
...

B. Completion and Submission of Reports

S.No Reports : Programme: (Date)

1 Monthly reports
(Design and Construction)

2 Quarterly Reports

3 Various others reports as provided in the Concession Agreement such as

BIDDER Page 31 MSRDC

APPENDIX B-8: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND EXPERIENCE CLAIMED
BY THE FIRMS

(To be submitted on non-judicial Stamp Paper)

I, the undersigned, 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.

Managing Director/Head of the Firm/Authorized Representative of the firm*

Address *Lead Member in case of JV

BIDDER Page 32 MSRDC

SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.

Appendix C-1 Financial proposal submission form

Appendix C-2 Summary of costs

Appendix C-3 Breakdown of costs

BIDDER Page 33 MSRDC

APPENDIX C-1: FINANCIAL PROPOSAL SUBMISSION FORM

FROM: (Name of Firm)

TO:
(Address of Employer)

Subject:

We, the undersigned, offer to provide the consulting services for the above in accordance with
Bidder’s 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 subject to the modifications resulting from contract
negotiations, 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:

Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity

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

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

We understand you are not bound to accept any proposal you receive.

We remain, yours sincerely,

Managing Director/Head of the firm/Authorized Representative of the firm*

Name of the firm Address
*Lead Member in case of JV

BIDDER Page 34 MSRDC

APPENDIX C-2: SUMMARY OF COSTS

Amount (Rs.)
No. Description
I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Survey Equipment with Survey Party and Vehicle
X Contingencies
Consultancy GST Payable in India
Total Costs (Including Tax)

Note: Payments will be made as per stipulations of the Conditions of Contract.

BIDDER Page 35 MSRDC

APPENDIX C-3: BREAKDOWN OF COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF for each package

Man-month in
Man-month in
Maintenance/
S. Construction
Defect Liability Billing Amount
Position period of 30
No. period of 60 Rate (Rs) (Rs)
months
months
A: Key Personnel
1. Team Leader 30 12

2. Resident Engineer (Highways) - 1 30 40

Resident Engineer (Highways) - 2
3. 30 0
4. Resident Engineer (Bridge/Structure) - 1 30 40
Resident Engineer (Bridge/Structure) - 2
5. 30 0
6. Highway Design cum Pavement Specialist 12 0
Bridge/ Structural Design Engineer
7. 6 0

8. Sr. Contract Specialist 6 0

9. Senior Quantity Surveyor 30 0
10.Sr. Quality cum Material Engineer 30 6

11.Environmental Expert 4 2

12.Road Safety Expert 8 0

13.Resident Engineer Horticulture 12 2

14.Landscape Architect / Expert 12 2
15.Hydraulic / Irrigation Engineer 12 2
16.Project Monitoring Expert for monitoring 30 0
from MSRDC HQ

Sub Total 312 106

B: Sub-Professional Staff
Bridge/ Structure Engineer - 1
1. 30 60
2. Bridge/ Structure Engineer - 2 30 0
3. Highway Engineer - 1 30 60
4. Highway Engineer - 2 30 0
5. Horticulture & Landscape Expert 12 4
6. Sr. Survey Engineer - 1 30 0
7. Sr. Survey Engineer - 2 30 0
8. Sr. Survey Engineer - 3 30 36 0

BIDDER Page 36 MSRDC

Man-month in
Man-month in
Maintenance/
S. Construction
Defect Liability Billing Amount
Position period of 30
No. period of 60 Rate (Rs) (Rs)
months
months
9. Sr. Survey Engineer - 4 30 0
10.Sr. Survey Engineer - 5 30 0
11.Sr. Survey Engineer - 6 30 0
12.Geotechnical Expert 6 0
13.Quantity Surveyor Highway - 1 30 30
14.Quantity Surveyor Highway - 2 30 0
15.Quality Control Engineer Highway - 1 30 0
16.Quality Control Engineer Highway - 2 30 0
17.Lab Technicians - 1 30 0
18.Lab Technicians - 2 30 0
19.Electrical Engineer 12 6
20.Hydrologist 6 0
Sub Total 516 160
C: Supporting Staff

1. Office Manager - 1 (Project Office) 30 0

2. Office Manager - 2 (Site Office - 1) 30 0
3. Office Manager - 3 (Site Office - 2) 30 0
4. Accountant cum Cashier - 1 (Project 30 0
Office)
5. Accountant cum Cashier - 2 (Site Office - 30 0
1)
6. Accountant cum Cashier - 3 (Site Office - 30 0
2)
7. Office Manger cum Accountant (Project 0 60
Office)
8. Photo copy Operator - 1 (Project Office) 30 0
9. Photo copy Operator - 2 (Site Office - 1) 30 0
10.Photo copy Operator - 3 (Site Office - 2) 30 0
11.Computer Operator AE - 1 (Project 30 0
Office)
12.Computer Operator AE - 2 (Site Office - 30 0
1)
13.Computer Operator AE - 3 (Site Office - 30 0
2)
14.Computer operator cum photo copy 0 60
operator (Project Office) 37
15.Site Engineers for MSRDC (2 Graduate 60 0
Engineers)

BIDDER Page 37 MSRDC

Man-month in
Man-month in
Maintenance/
S. Construction
Defect Liability Billing Amount
Position period of 30
No. period of 60 Rate (Rs) (Rs)
months
months
16.Site Engineers for MSRDC (2 Diploma 60 0
Engineers)
17.Office Boy AE - 1 (Project Office) 30 0
18.Office Boy AE - 2 (Site Office - 1) 30 0

19.Office Boy AE - 3 (Site Office - 2) 30 0

20.Office Boy AE (Project Office) 0 60
Sub Total 570 180
Total 1398 446

Note:
i. The deployment of the staff shall be meticulously planned by the Authority Engineer as per
requirement of the site and to ensure that all assignment shall be completed within the Man
Months prescribed above. Before deployment of the staff, Authority Engineer shall submit proposal
to Authority for approval based on approved work plan of the contractor.
ii. If any additional manpower is required to maintain speed of project execution, additional man
months shall be got approved from the authority at rate submitted under financial proposal of the
Authority Engineer before deployment.
iii. Providing Site Engineers for MSRDC as directed by the Authority shall be paid by the consultant at
fixed remuneration of INR 40,000/- for Graduate Engineer and INR 25,000/- for Diploma holder
during construction period

II. Transportation (Fixed rate on rental basis)

The following vehicles of the Authority Engineer Staff shall include the rental charges, drivers’
remuneration, maintenance, repairs, insurance, etc.

Quantity (No. of vehicle-

month)
Rate/
S. Description of During Tota Amount
During Vehicle
No Vehicles Maintenan l (Rs)
Constructio - Month
ce/ DLP
n Period
Period
1 New Mahindra
Scorpio or 30 0 30
equivalent
2
New Mahindra
Bolero or
equivalent 60 60 120
Jeep/SUV (2024
make)

BIDDER Page 38 MSRDC

Quantity (No. of vehicle-

month)
Rate/
S. Description of During Tota Amount
During Vehicle
No Vehicles Maintenan l (Rs)
Constructio - Month
ce/ DLP
n Period
Period
3
Motor cycle for
site Supervision 300 0 300
(10)

4
New Mahindra
Scorpio or
60 0 60
equivalent for
MSRDC Use

Total

Note: Authority Engineer shall prepare detailed program of Maintenance Activities and plan his resources
including allowed man months and vehicles for entire maintenance period in consultation with the
Authority.

III. Duty Travel to Site (Fixed Costs):

Professional and Sub-Professional Staff

The employer may require the Key Personnel to visit the Employer’s Site/Regional office. The quoted
amount shall include travel fare for 30 round trips to Employer’s Head Office and 30 round trips to
Employer’s regional office (including Hotel charges, travel costs etc. Complete)

IV. Office Rent (Fixed Costs) – Minimum 250 Sqm area of office shall be rented.

The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc. complete.

Nos of Months Rate/month Amount

(2 Site office x Construction
period)

(1 Project office x Construction

period + DLP)

Total

V. Office Supplies, Utilities and Communication during construction and maintenance period for
each office

Monthly Rate in Rs.

N During Amount in
Item Months During
o Maintena Rs.
Constructio
nce/ DLP
n Period
Period
1 Office (2 Site office x
. Supplies Construction period) + (1 39
Project office x

BIDDER Page 39 MSRDC

Monthly Rate in Rs.

N During Amount in
Item Months During
o Maintena Rs.
Constructio
nce/ DLP
n Period
Period
Construction period +
DLP)
2 Drafting (2 Site office x
. Supplies Construction period) + (1
Project office x
Construction period +
DLP)
3 Computer (2 Site office x
. Running Costs Construction period) + (1
Project office x
Construction period +
DLP)
4 Domestic and (2 Site office x
. International Construction period) + (1
Communicati Project office x
on Construction period +
DLP)
Total

VI. Office Furniture and Equipment

Brand new Furniture and Equipment shall be mandatory to provide at Authority Engineers offices at
the time of commencement of services as per the list given below. On completion of Construction
period the furniture and equipment at site offices shall be shifted to nearest administrative building
of Toll Plaza in good condition. The Project office will remain equipped with proper number of
furniture and equipment till the end of the DLP period

No Description Unit Qty. Rate/unit Amount

(Rs.) (Rs.)
1 Executive Table (Godrej make, model No.
each 18
T-108 or equivalent)
2 Executive Chairs (Godrej make, model No.
each 18
PCH-701 or equivalent)
3 Tables (Godrej make, model No. T-104 or
each 12
equivalent)
4 Ordinary Chairs Type-1 (Godrej make,
each 36
model No T-CHR –6 or equivalent)
5
Tables (for all other staff) (Godrej make,
each 12
model No. T- 101 or equivalent)
6 Steel Almira 1270mm x 765mm x 440mm
(Godrej make, model minor plain or each 18
equivalent)
7 Visitors chairs/ Conference room Chairs
(Godrej make, model No. DCH7004 or each 18
equivalent)
8 Tables for computers with 3 drawers, key
board/mouse pull out trays size 1664mm x
each 12
900 (Godrej make. Or equivalent as per
Engineer’s design) 40
9 Printer desks (Godrej make or equivalent) each 3

BIDDER Page 40 MSRDC

No Description Unit Qty. Rate/unit Amount

(Rs.) (Rs.)
10 Side tables (Godrej make or equivalent) each 12
11 Conference Table (Godrej make, model No.
each 3
T-12 or equivalent)
12 Revolving Chairs for Computer Room/
each 9
Drawing room
Office Equipment (Rental/Hire)
1 Telephone with PABX facilities each 6
2 Photocopier each 3
3 Air-Conditioner (1.5 Ton) each 9
4 Laptop (12 nos) and Computers (4 nos) each 16
5 Laser Jet Printers cum Scanner each 6
6 Diesel Generator 20KVA) with running cost each 3
7 Binding Machine each 3
8 Water Coolers (Voltas or equivalent) each 3
9 Software LS 1
Total

VII. Reports and Document Printing

No. Description No. of Reports No. of Total Nos. Rate per Amount
Copies per Of copies Copy ( )
Report
1 Monthly reports Construction period 3 90

2 Quarterly Construction period 3 90

Reports +
Maintenance period
3 Statutory 10 3 30
compliance
Report
Total

Note: Authority Engineer shall submit signed scan copies of above reports to Project Director,
Coordinating team at MSRDC Head Quarter, Chief Engineer (nodal). Superintending Engineer
(nodal), Executive Engineer (nodal) or as directed by Engineer in-Charge by email.

VIII. Rent of Survey Equipment

Description Nos. of Months Rate/month Amount

Rental cost towards Survey Equipment 30

(GPS/Total station /Auto Level) with
rods, flags and other sundries.

IX. Contingencies

A fixed amount of Indian Rupees Ten Lakh shall be included in the Financial Proposal. The provisions
of Contingency shall be operated with the specific approval form the Authority.
41

BIDDER Page 41 MSRDC

SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER

Sub:- Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from
Jalna to Nanded in The State of Maharashtra on EPC Mode for:
i) Construction Package JNE - 05 from Km 127+840 Katneshwar in Tq. Purna & District
Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length –38.490 Km)
ii) Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764 (Length –
13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-
B: Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk
(Dhanegoan Junction) with Construction of Flyover and Bridge across Godavari River in
Nanded City (Length 4.48 Km)

Background
Maharashtra State Road Development Corporation Ltd, Mumbai (MSRDC) a Government of Maharashtra
undertaking (The “Authority”) is a Corporation established and fully owned by the Government of
Maharashtra through a resolution dated 9th July,1996 and has been incorporated as limited company under
company Act 1956 on 2nd August 1996 is engaged in the development of Road infrastructures on State
Highways, National Highways, Expressways, urban transport on Sea Link, Greenfield access controlled
Expressway and its connector and as part of this endeavor, the Authority has decided to undertake
Construction of Access Controlled Expressway Connector to Hindu Hrudaysamrat Balasaheb Thackeray
Maharashtra Samruddhi Mahamarg from Jalna to Nanded in The State of Maharashtra on EPC Mode (the
“Project”) in the State of Maharashtra through Engineering, Procurement and Construction (the EPC) basis
and has decided to select an Authority Engineer for Packages JNE-05 & JNE-06. A brief description of
the project may be seen in the Information Memorandum of the Project at the Authority ‘s website
http://mahatenders.gov.in of Maharashtra State Road Development Corporation Limited. Brief particulars
of the Project Packages are as below.

Lengt Estimated Project Completion

Name of Work h in Cost period
Km excluding GST of the work
1) Construction of Access Controlled
Expressway Connector to Hindu Hrudaysamrat INR 19,359.56
Balasaheb Thackeray Maharashtra Samruddhi million (INR
Mahamarg from Jalna to Nanded in the State of 38.490 Nineteen Thousand 30 Calendar
Maharashtra on EPC Mode for PACKAGE JNE - 05 km Three Hundred Fifty- Months
From Km 127+840 Katneshwar in Tq. Purna & Nine Million and Five
District Parbhani to Km166+330 Borgaon Telang Hundred Sixty
Tq & District Nanded (Length –38.490 Km) Thousands only)

2) Construction of Access Controlled

Expressway Connector to Hindu Hrudaysamrat
Balasaheb Thackeray Maharashtra Samruddhi
Mahamarg from Jalna to Nanded in the State of INR 19,741.96
Maharashtra on Mode for PACKAGE JNE - 06 13.434 million (INR
Part-A: From Borgaon Km 166+330 To Km km & Nineteen Thousand
30 Calendar
179+764 (Length – 13.434 Km) On Degloor – 4.480 Seven Hundred
Months
Nanded National Highway (Nh161) in Tq. & Km Forty- One million
Dist. Nanded and Part-B: Improvement of Road and Nine Hundred
from Hingoli Gate –Bafna Chowk- Deglur Naka Sixty thousand only)
To Chatrapati Chowk (Dhanegoan Junction)
With Construction Of Flyover And Bridge Across
Godavari River In Nanded
City (Length 4.48 Km)

42
The work will broadly consist of Construction of Access Controlled Green Field expressway having Six
lane divided carriageway with paved shoulder with flexible pavement, rehabilitation of existing

BIDDER Page 42 MSRDC

pavement, construction and/or rehabilitation of major and minor bridges, culverts, road intersections,
flyovers, viaduct, VUP, VOP, CUP, COP. POP, PUP, interchanges with toll plaza, median planation, avenue
plantation with its infrastructure, utility corridor with cart track, drains, Compound wall, way side
Amenities, Illumination, street lighting, road safety measures, administrative building, Traffic Police
station, etc and providing ATMS, Ambulance, QRV, Crane , Highway Swiping Machine, Bridge Inspection
Unit etc. including construction of a new four-lane flyover and a six-lane bridge over the Godavari River in
Nanded, along with development of existing road underneath the flyover, having an aggregate length of
4.48 Km [for JNE-06] on Engineering, Procurement and Construction mode and maintenance of the Project
during the Defect Liability Period of 60 months.

A) Project Description:
Maharashtra State Road Development Corporation Limited (the “Authority”) a corporation fully owned by
the Government of Maharashtra is engaged in the development of Construction of Access Controlled
Expressway Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg
from Jalna to Nanded in The State of Maharashtra on EPC Mode.
The development of work is proposed is as under following construction packages:
Construction
Package Chainage Length in km Taluka District
No.
From To
JNE- 01 (-)0+090 36+000 36.090 Jalna Jalna
JNE- 02 36+000 66+550 30.550 Partur & Jalna
Mantha
JNE- 03 66+550 98+945 32.395 Selu & Jintur Parbhani
JNE- 04 98+945 127+840 28.895 Parbhani Parbhani
JNE- 05 127+840 166+330 38.490 Purna Parbhani
166+330 179+764 17.914
JNE- 06 (including (13.434+ Nanded Nanded
Flyover and
4.48)
Bridge across
Godavari River) 0+000 4+480

Total 184.334

The brief salient features of (i) Construction Package JNE - 05 From Km 127+840 Katneshwar in Tq.
Purna & District Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length –38.490 Km),
and, (ii) Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764 (Length –
13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part- B:
Improvement of Road From Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan
Junction) with Construction of Flyover and Bridge across Godavari River in Nanded City (Length 4.48
Km) are as below:
Salient features of Packages JNE – 05 & JNE – 06:
Particulars Details
Total Length (km) 38.490 km + 17.914 (13.434 & 4.480 km) km = 56.404
km
ROW 100 m [for JNE-05]; 100 m /133 m [for JNE-06]
Design Speed 150 kmph
Carriageway 2 x 11.25 m (3+3 lane)
Lane Width 3.75m each
Paved Shoulders 2 x 3.0m
Earthen Shoulders 2 x 2.0m
Median (For Shallow & High 4.50 m (Includes the paved edge strip of 0.75 m on
Embankments both
and in Cutting Sections) sides)
High Speed Rail Corridor 20.0 m (Includes two Landscape Strips of 3.0 m wide
each) 43
Utility Corridor for Utilities like Gas, Proposed under cart track in 3.50 m width at edge of
Electricity, OFC, Water Supply etc. RoW on

BIDDER Page 43 MSRDC

Particulars Details
both sides of main carriageway

Tree Planation / Landscape 3 m wide land strip each at three locations.

Storm water drain 3.0 m wide on either side
Embankment/Cutting Battered Slope 2 x 13.50 m
Width
Compound wall On either side.
Wayside Amenities -
Interchanges As per detailed Design
Crash Barriers Thrie beam Crash Barrier in 4 rows along the
expressway
Central Opening with cross drainage
As per Design
Structures
Road Furniture As per Design

BIDDER Page 44 MSRDC

TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER

1. Scope
1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified pursuant to
the EPC Agreement dated........... (the “Agreement”), which has been entered into between the
Authority and ................................................................................................ (the
“Contractor”) for [Construction of Access Controlled Expressway Connector to Hindu Hrudaysamrat
Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from Jalna to Nanded for, (i) Construction
Package JNE - 05 From Km 127+840 Katneshwar in Tq. Purna & District Parbhani to Km166+330
Borgaon Telang Tq & District Nanded (Length –38.490 Km), and, (ii) Construction Package JNE - 06
Part-A: from Borgaon Km 166+330 to Km 179+764 (Length – 13.434 Km) on Degloor – Nanded
National Highway (NH161) In Tq. & Dist. Nanded and Part-B: Improvement of Road From Hingoli
Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan Junction) with Construction of
Flyover and Bridge across Godavari River in Nanded City (Length 4.48 Km)] in the State of
Maharashtra on Engineering, Procurement, Construction (EPC) basis and a copy of which is annexed
hereto and marked as Annex-A to form part of this TOR.

1.2 The TOR shall apply to construction and maintenance of the Project Highway.
2. Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters and not defined herein but defined in
the Agreement shall have, unless repugnant to the context, the meaning respectively assigned to them
in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the context otherwise
requires, be deemed to be reference to the Articles, Clauses and Schedules of the Agreement, and
references to Paragraphs shall be deemed to be references to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply, mutatis
mutandis, to this TOR.
3. General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient manner, consistent
with the highest standards of professional integrity and Good Industry Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the
provisions of this Agreement, but subject to obtaining prior written approval of the Authority before
determining.
(a) Any Time Extension.
(b) Any additional cost to be paid by the Authority to the Contractor;
(c) The Termination Payment; or
(d) Any other matter which is not specified in (a), (b) or (c) above and which creates an obligation or
liability on either Party for a sum exceeding Rs. 5,000,000 (Rs. Fifty lakh.)
3.3 The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the
Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted
by the Authority’s Engineer within 10 (ten) days of the beginning of every month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and responsibilities
to its suitably qualified and experienced personnel; provided, however, that it shall not delegate the
authority to refer any matter for the Authority’s prior approval in accordance with the provisions of
Clause 18.2 Model EPC Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of Scope under
Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope and nature of
Good Industry Practice, as set forth in any provision of45
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.

BIDDER Page 45 MSRDC

4. Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review the Drawings furnished by the
Contractor along with supporting data, including the geo-technical and hydrological investigations,
characteristics of materials from borrow areas and quarry sites, topographical surveys, and the
recommendations of the Safety Consultant in accordance with the provisions of Clause 10.1.6 of
Model EPC Agreement. The Authority’s Engineer shall complete such review and send its
observations to the Authority and the Contractor within 15 (fifteen) days of receipt of such
Drawings; provided, however that in case of a Major Bridge or Structure, the aforesaid period of 15
(fifteen) days may be extended up to 30 (thirty) days. In particular, such comments shall specify the
conformity or otherwise of such Drawings with the Scope of the Project and Specifications and
Standards. Final approval to plan and profile, GADs shall be got approved from Authority before
giving sanction to EPC Contractor..
4.2 The Authority’s Engineer shall review any revised Drawings sent to it by the Contractor and furnish
its comments within 10 (ten) days of receiving such Drawings. The review of drawing shall be
authenticated by Authority’s Engineer.
4.3 The Authority’s Engineer shall review the Quality Assurance Plan submitted by the Contractor and
shall convey its comments to the Contractor within a period of 21 (twenty- one) days stating the
modifications, if any, required thereto.
4.4 The Authority’s Engineer shall complete the review of the methodology proposed to be adopted by
the Contractor for executing the Works, and convey its comments to the Contractor within a period
of 10 (ten) days from the date of receipt of the proposed methodology from the Contractor.
4.5 The Authority’s Engineer shall grant written approval to the Contractor, where necessary, for
interruption and diversion of the flow of traffic in the existing lane(s) of the Project Highway for
purposes of maintenance during the Construction Period in accordance with the provisions of Clause
10.4 Model EPC Agreement.
4.6 The Authority’s Engineer shall review the monthly progress report furnished by the Contractor and
send its comments thereon to the Authority and the contractor within 7 (seven) days of receipt of
such report.
4.7 The Authority’s Engineer shall inspect the Construction Works and the Project Highway and shall
submit a monthly Inspection Report bringing out the results of inspections and the remedial action
taken by the Contractor in respect of Defects or deficiencies. In particular, the Authority’s Engineer
shall include in its Inspection Report, the compliance of the recommendations made by the Safety
Consultant.
4.8 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s reports and
standard samples of manufactured Materials, and such other Materials as the Authority’s Engineer
may require.
4.9 For determining that the Works conform to Specifications and Standards, the Authority’s Engineer
shall require the Contractor to carry out, or cause to be carried out, tests at such time and
frequency and in such manner as specified in the Agreement and in accordance with Good Industry
Practice for quality assurance. For purposes of this Paragraph 4.9, 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 MSRDC (the “Quality Control Manuals”) or any
modifications / substitution thereof shall be deemed to be tests conforming to Good Industry
Practice for quality assurance.
4.10 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity or number of
tests prescribed for each category or type of test for quality control by the Contractor.
4.11 The timing of tests referred to in Paragraph 4.9, 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. 46

4.12 In the event that results of any tests conducted under Clause 11.10 establish any Defects or

BIDDER Page 46 MSRDC

deficiencies in the Works, the Authority’s Engineer shall require the Contractor to carry out
remedial measures.
4.13 The Authority’s Engineer may instruct the Contractor to execute any work which is urgently required
for the safety of the Project Highway, whether because of an accident, unforeseeable event or
otherwise; provided that in case of any work required on account of a Force Majeure Event, the
provisions of Clause 21.6 of Model EPC Agreement shall apply.
4.14 In the event that the Contractor fails to achieve any of the Project Milestones, the Authority’s
Engineer shall undertake a review of the progress of construction and identify potential delays, if
any. If the Authority’s Engineer shall determine that completion of the Project Highway is not
feasible within the time specified in the Agreement, it shall require the Contractor to indicate within
15 (fifteen) days the steps proposed to be taken to expedite progress, and the period within which
the Project Completion Date shall be achieved. Upon receipt of a report from the Contractor, the
Authority’s Engineer shall review the same and send its comments to the Authority and the
Contractor forthwith.
4.15 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s quality
control records and documents before the Completion Certificate is issued pursuant to Clause 12.4
of Model EPC Agreement.
4.16 Authority’s Engineer may recommend to the Authority suspension of the whole or part of the Works
if the work threatens the safety of the Users and pedestrians. After the Contractor has carried out
remedial measure, the Authority’s Engineer shall inspect such remedial measures forthwith and
make a report to the Authority recommending whether or not the suspension hereunder may be
revoked.
4.17 In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and users, and requires the Authority’s Engineer to inspect such works, the
Authority’s Engineer shall inspect the suspended works within 3 (three) days of receiving such
notice, and make a report to the Authority forthwith, recommending whether or not such suspension
may be revoked by the Authority.
4.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests specified in
Schedule K and issue a Completion Certificate or Provisional Certificate as the case may be. For
carrying out is functions under this Paragraph 4.18 and all matters incidental thereto, the
Authority’s Engineer shall act under and in accordance with the provisions of Article 12 and
Schedule-K.
5. Maintenance Period
5.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of its monthly
Maintenance Programme and for this purpose carry out a joint monthly inspection with Contractor.
5.2 The Authority’s Engineer shall undertake regular inspections, at least once every month to evaluate
compliance with the Maintenance Requirements and submit a Maintenance Inspection Report to the
Authority and the Contractor
5.3 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry out, or cause
to be carried out, for the purpose of determining that the Project Highway is in conformity with the
Maintenance Requirements. It shall monitor and review the results of such tests and remedial
measures, if any, taken by the Contractor in this behalf.
5.4 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the Authority’s
Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation
or deterioration with reference to the Specifications and Standards and shall also specify the time
limit for repair or rectification of any deviation or deterioration beyond the permissible limit.
5.5 The Authority’s Engineer shall examine the request of the Contractor for closure of any lane (s) of
the Project Highway for undertakings maintenance/repair thereof, and shall grant permission with
such modifications, as it may deem necessary, within 5 (five) days of receiving a request from the
Contractor. Upon expiry of the permitted period of closure, the Authority’s Engineer shall monitor
the reopening of such lane (s), and in case of delay,47 determine the Damages payable by the
Contractor to the Authority under Clause 14.5 of Model EPC Agreement

BIDDER Page 47 MSRDC

6. Determination of costs and time

6.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are required
to be determined by it under the Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.
6.3 The Authority’s Engineer shall consult each Party in every case of determination in accordance with
the provisions of Clause 18.5 of Model EPC Agreement.
7. Payments
7.1 The Authority’s Engineer shall withhold payments for the affected works for which the Contractor
fails to revise and resubmit the Drawings to the Authority’s Engineer in accordance with the provision
of Clause 10.2.4 (d) of Model EPC Agreement.
7.2 Authority’s Engineer shall
a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor pursuant to
Clause 19.4, determine the amount due to the Contractor and recommend the release of 90
(ninety) percent of the amount so determined as part payment, pending issue of the Interim
Payment Certificate; and
b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause
19.4, deliver to the Authority and the Contractor an Interim Payment Certificate certifying the
amount due and payable to the Contractor, after adjustments in accordance with the provisions
of Clause 19.10 of Model EPC Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly Maintenance
Statement from the Contractor pursuant to Clause 19.6 of Model EPC Agreement, verify the
Contractor’s monthly statement and certify the amount to be paid to the Contractor in accordance
with the provisions of the Agreement.
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the receipt of the final
payment statement of Maintenance in accordance with the provisions of Clause 19.16 of Model EPC
Agreement.
8. Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified in the Agreement.
9. Miscellaneous
9.1 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results with
comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s Engineer to
the Authority forthwith.
9.2 The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents
received by it, including ‘as – built’ Drawings and keep them in its safe custody.
9.3 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall obtain a
complete set of as built Drawings in 2 (two) hard copies and in micro film form or in such other
medium as may be acceptable to the Authority, reflecting the Project Highway as actually
designed, engineered and constructed, including an as-built survey illustrating the layout of the
Project Highway and setback lines, if any, of the buildings and structures forming part of project
Facilities; and shall hand them over to the Authority against receipt thereof.
9.4 The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall mediate
and assist the Parties in arriving at an amicable settlement of any Dispute between the Parties.
9.5 The Authority’s Engineer shall inform the Authority and the Contractor of any event of Contractor’s
Default within one week of its occurrence.
10. Performance Clause
48
Authority’s Engineers shall be expected to fully comply with all the provisions of the `Terms of
Reference’, and shall be fully responsible for supervising the Designs, Construction and

BIDDER Page 48 MSRDC

maintenance and operation of the facility takes place in accordance with the provisions of the EPC
Agreement and other schedules. Any failure of the Authority Engineer in notifying to Employer and
the Contractor on non-compliance of the provisions of the EPC Contract Agreement and other
schedules by the EPC Contractor, non- adherence to the provision of ToR and non- adherence to the
time schedule prescribed under ToR shall amount to nonperformance.
The Authority Engineer shall appoint its authorized representative, who shall issue on behalf of the
AE, the Provisional Completion Certification and Completion Certificate along with the Team Leader
and shall carry out any such task as may be decided by Employer. The AE shall take prior approval of
Employer before issuing Provisional Completion Certification and Completion Certificate. The
proposal submitted shall also include the name of the authorized representative along with the
authorization letter and power of attorney.
11. Consultant’s Proposal
11.1 List of key personnel to be fielded by the Consultants shall be as mentioned in Enclosure-A.
11.2 Broad job-description and minimum qualification for key personnel mentioned above is enclosed as
Enclosure–B. However, higher marks shall be accorded to the Candidate with higher relevant
qualification and experience. All the CV’s of the personals mentioned in Para 1.8 III of Data Sheet
shall be evaluated at the time of evaluation of technical proposal. The age of the Key Personnel
shall 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 shall be signed on every sheet by the personnel concerned and the last
sheet of each bio data shall also be signed by the authorized signatory for the Consultant. The key
personnel shall also certify at the end of their bio-data proforma that they have not left any of the
Employer works without completing of their assignment and have not accepted any other offer at
the time of signing of the bio data and as such shall be available to work with the Authority
Engineer, if the Project is awarded. In case the key personnel leaves the assignment without
approval of Employer, Employer would be at liberty to take any appropriate action against that key
personnel including debarment. The CV submitted by selected firm/JV shall be hoisted on official
website of Employer.
11.3 In addition to above, consultants are required to propose other key personnel, sub-professional staff
and other field engineers as detailed in Enclosure-A and the minimum qualification requirements for
the same is enclosed in Enclosure–B.
12. PERIOD OF SERVICES
12.1 The services of an Authority’s Engineer will be in phases as per Contract Agreement.
12.2 .1 The appointment of the Authority’s Engineer shall initially be as per details given below.

Maintenance/DLP Period (in

Period of service (in Construction period (in
months)
months) months)
Construction Period + 60 30 60
Months

The proposed manpower deployment for this period shall be matching the activities to be performed
during the said period. The time frame for services during the deployment of key personnel during
this period shall be as shown in Enclosure A.
13. PERFORMANCE SECURITY
The successful consulting firm shall have to submit a Bank Guarantee (BG) for an amount of 10% of the
Contract Value within 15 days of issue of LOA. The BG shall be valid for a period of 2 months beyond
the expiry of the Contract period. The BG shall be in the format specified in Appendix I of draft
contract form and furnished from a Nationalized Bank, IDBI or ICICI/ICICI Bank/Foreign Bank/EXIM
Bank / Any Scheduled Commercial Bank approved by RBI having a net worth of not less than 500 crore as
per latest Annual Report of the Bank. In the case of a Foreign Bank (issued by a Branch in India) the net
worth in respect of Indian operations shall only be taken49into account. In case of Foreign Bank, the BG
issued by Foreign Bank shall be counter guaranteed by any Nationalized Bank in India. In case of JV, the
BG shall be furnished on behalf of the JV and not individually by the members.

BIDDER Page 49 MSRDC

Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF AUTHORITY ENGINEER

Man-month
Man-month in Man-
No. of in Maintenanc Month
Sr
Position Personne Constructio e / Defect Total
.
l n period of Liability personne
30 months period of 60 l
months
A: Key Personnel
1. Team Leader 1 30 12 42
2. Resident Engineer (Highways) - 1 1 30 40 70
3. Resident Engineer (Highways) - 2 1 30 0 30
4. Resident Engineer ( 1 30 40 70
Bridge/Structure) - 1
5. Resident Engineer ( 1 30 0 30
Bridge/Structure) - 2
6. Highway Design cum Pavement 1 12 0 12
Specialist
7. Bridge/ Structural Design Engineer 1 6 0 6
8. Sr. Contract Specialist 1 6 0 6
9. Senior Quantity Surveyor 1 30 0 30
10. Sr. Quality cum Material Engineer 1 30 6 36
11. Environmental Expert 1 4 2 6
12. Road Safety Expert 1 8 0 8
13. Resident Engineer Horticulture 1 12 2 14
14. Landscape Architect / Expert 1 12 2 14
15. Hydraulic / Irrigation Engineer 1 12 2 14
16. Project Monitoring Expert for 1 30 0 30
monitoring from MSRDC HQ
Sub Total 312 106 418
B: Sub-Professional Staff
1. Bridge/ Structure Engineer - 1 1 30 60 90
2. Bridge/ Structure Engineer - 2 1 30 0 30
3. Highway Engineer - 1 1 30 60 90
4. Highway Engineer - 2 1 30 0 30
5. Horticulture & Landscape Expert 1 12 4 16
6. Sr. Survey Engineer - 1 1 30 0 30
7. Sr. Survey Engineer - 2 1 30 0 30
8. Sr. Survey Engineer - 3 1 30 0 30
9. Sr. Survey Engineer - 4 1 30 0 30
10. Sr. Survey Engineer - 5 1 30 0 30
11. Sr. Survey Engineer - 6 1 30 0 30
12. Geotechnical Expert 1 6 0 6
13. Quantity Surveyor Highway - 1 1 30 30 60
14. Quantity Surveyor Highway - 2 1 30 0 30
15. Quality Control Engineer Highway 1 30 0 30
-1
16. Quality Control Engineer Highway 1 30 0 30
-2
17. Lab Technicians - 1 1 30 0 30
18. Lab Technicians - 2 150 30 0 30

BIDDER Page 50 MSRDC

Man-month
Man-month in Man-
No. of in Maintenanc Month
Sr
Position Personne Constructio e / Defect Total
.
l n period of Liability personne
30 months period of 60 l
months
19. Electrical Engineer 1 12 6 18
20. Hydrologist 1 6 0 6
Sub Total 516 160 676
C: Supporting Staff
1. Office Manager - 1 (Project Office) 1 30 0 30
2. Office Manager - 2 (Site Office - 1) 1 30 0 30
3. Office Manager - 3 (Site Office - 2) 1 30 0 30
4. Accountant cum Cashier - 1 1 30 0 30
(Project Office)
5. Accountant cum Cashier - 2 (Site 1 30 0 30
Office - 1)
6. Accountant cum Cashier - 3 (Site 1 30 0 30
Office - 2)
7. Office Manger cum Accountant 1 0 60 60
(Project Office)
8. Photo copy Operator - 1 (Project 1 30 0 30
Office)
9. Photo copy Operator - 2 (Site 1 30 0 30
Office - 1)
10. Photo copy Operator - 3 (Site 1 30 0 30
Office - 2)
11. Computer Operator AE - 1 (Project 1 30 0 30
Office)
12. Computer Operator AE - 2 (Site 1 30 0 30
Office - 1)
13. Computer Operator AE - 3 (Site 1 30 0 30
Office - 2)
14. Computer operator cum photo 1 0 60 60
copy operator (Project Office)
15. Site Engineers for MSRDC 4 120 0 120
(2Graduate Engineers +2 Diploma
Engineers)
16. Office Boy AE - 1 (Project Office) 1 30 0 30
17. Office Boy AE - 2 (Site Office - 1) 1 30 0 30
18. Office Boy AE - 3 (Site Office - 2) 1 30 0 30
19. Office Boy AE (Project Office) 1 0 60 60
Sub Total 570 180 750
Total 1398 446 1844

Note: 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 Employer before
mobilization. The other inputs like support staff shall also be provided by the Consultant of an
acceptable type commensuration with the roles and responsibilities of each position.

BIDDER Page 51 MSRDC

Enclosure B

QUALIFICATION OF KEY PERSONNEL

TEAM LEADER
Duties: The Team Leader will reside at project site on a full-time basis throughout the period of the
construction Supervision services. He will be overall in-charge of the project supervision of the
construction packages. He shall act as Representative of the consulting firm appointed by the
Authority. His duties will involve overall superintendence over the Resident Engineers and other
experts of the construction packages. He will guide, monitor, supervise and control all the activities
related to supervision for the construction packages. He will be solo responsible for quality, quantity,
safety, progress of the work including Physical and financial achievement, obtaining timely approval
from client, proof consultant as well as various stake holders of the construction packages assigned
to him. He will interact and co-ordinate with the Project Director and the other officials of the
Authority as well as various stake holders. The duties of a team leader are not limited to above
elaboration and shall include all other necessary responsibilities confined to the assignment.

He shall have the following qualification / experience.

(1) Essential Qualifications.
(a) Graduate in Civil Engineering from recognized university.
(b) Total Professional Experience of 20 years in handling Highway Projects.
(c) At least 5 years’ experience as Team Leader or similar capacity in Highway project.
(d) He shall have handled as Team Leader or similar capacity at least Two projects in Construction
Supervision of Highways (4/6/8 Lane).
(e) He shall have handled as Team Leader or similar capacity or Highway Engineer at least Two
Projects of Feasibility/Design/DPR of major highway Project of 4/6/8 Lane.
(f) Shall have 5 years of International Experience of Construction Supervision of Highways in similar
capacity.
(g) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Construction Management / Highway / Civil Engineering.

Note:
(1) Similar Capacity includes the following positions
i) On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE/AE).
ii) On behalf of Contractor: Project Manager (Construction/ Construction Supervision)
iii) In Government Organizations: Superintending Engineer (or equivalent) and above

(2) Only those projects will be considered for evaluation at Sl. No. 1(c), and 1(d) above, where the input
of the personnel is at least one year.

RESIDENT ENGINEER HIGHWAYS

Duties: He shall be the in-charge of the construction supervision of project stretch and shall
coordinate with all other experts of the construction projects and shall report to the Team Leader
and officers of Authority as per the delegation established. He shall be directly responsible for
regulating the construction process i.e. various activities like earthwork, Sub-base/base courses,
Rigid pavement, bridge/culvert works proposed for being carried out under Stipulated
Specifications/manuals etc. For this purpose, he shall be assisted by Highway Engineer and other
support engineers/personnel. He shall deal directly with the Highway Engineer and other supporting
staff assisted with the Highway Engineer to ensure that the construction process is well controlled as
per established specification controls to avoid later quality control stage problems. In respect of
other all experts, he shall be responsible for coordinating and regulating their activities to ensure
smooth functioning of the concerned Construction Package.
52 He shall have adequate experience in
execution of mega projects. He will reside at project site on a full-time basis throughout the period
of the construction Supervision services. The duties of resident engineer are not limited to above

BIDDER Page 52 MSRDC

elaboration and shall include all other necessary responsibilities confined to the assignment. He will
guide, monitor, supervise and control all the activities related to supervision for the construction
package. He will be solo responsible for quality, quantity, safety, progress of the work including
Physical and financial achievement, obtaining timely approval from client, proof consultant as well
as various stake holders of the construction package assigned to him. The candidate is expected to
be thoroughly familiar with various standard/ specification, contract procedure, design and quality
control etc. In addition, he will be responsible for ensuring road safety during construction and
maintenance period of the project.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years in supervision of Highway Projects.
(c) At least 12 years’ experience as Resident Engineer/Assistant Resident Engineer/Project
Director/Project Manager/Superintending Engineer or equivalent/Executive Engineer or
equivalent on similar construction work/Independent Engineering project.
(d) Shall have handled at least 2 Highway projects of about 50 km each and one shall be 4-Lane.
(e) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Transportation/Pavement/Civil Engineering.

RESIDENT ENGINEER BRIDGE/STRUCTURE

Duties: As overall in-charge of Construction supervision of structures, his duties will involve
understanding the design provisions of bridges/ROBs/flyovers/viaducts/ VOP/ VUP/ PUP/ CUP/
WLOP/ WLUP/ RE walls/ retaining walls/ portals and culverts, guiding and checking of
reinforcement/cable laying operations, launching of girders/ segments, rectifying any apparent
mistakes in respect of them, checking and controlling the proper mix designs, Checking the adequacy
of proper form-work, laying/compacting of concrete including curing operations. For this purpose, he
will work in close coordination with the Material Engineer and the Contractor’s Expert to effectively
Control the quality of execution. He will be responsible for minor modification in design of all type of
structures wherever required. He will guide, monitor, supervise and control all the activities related
to supervision for the construction package. He will be solo responsible for quality, quantity, safety,
progress of the work including Physical and financial achievement, obtaining timely approval from
client, proof consultant as well as various stake holders of the construction package assigned to him.
The candidate is expected to be thoroughly familiar with various standard/ specification, contract
procedure, design and quality control etc. The duties of a resident engineer are not limited to above
elaboration and shall include all other necessary responsibilities confined to the assignment. He shall
have the following qualification / experience.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years.
(c) 10 years’ experience in Construction / Construction Supervision of bridge / interchange / any
other structures.
(d) Must be familiar with modern methods of construction of bridges/ROB/flyover involving
RCC/pre-stress concrete, design, construction of different component of bridges.
(e) Experience in similar capacity in supervision of 2 Major Highway Bridges on Pile/Well
foundation.
(f) Experience in supervision of Rehabilitation and repair of 2 nos Bridges.
(g) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Structural/Civil Engineering.

HIGHWAY DESIGN CUM PAVEMENT SPECIALIST 53

Duties: The Highway Specialist shall be responsible for the review of highway designs and drawings

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using sophisticated computer software and also construction and O&M works. shall be a graduate in
Civil Engineering from a recognized University (higher qualifications will be preferable); His expertise
shall include computer aided design methods for Civil/Highway Engineering with particular reference
to CAD application to the geometric design for highway rehabilitation and/or upgrading projects. The
duties of a highway design cum pavement specialist is not limited to above elaboration and shall
include all other necessary responsibilities confined to the assignment. He shall have the following
qualification/experience.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years in highway works.
(c) Experience of at least 10 years (out of total 15 years) in Highway Designing works
(d) He shall have handled as Highway/ pavement Design Engineer at least 2 Projects of similar
configuration.
(e) Exposure of Computer Software Programmes for Design of Highways such as IIT-pave and IIT-
Rigid.
(f) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Highway/Pavement/ Civil Engineering.
(b) Experience in Highway Projects in innovative / non-traditional technology and design.

BRIDGE/ STRUCTURAL DESIGN ENGINEER

Duties: The Bridge Design Specialist shall be responsible for checking the designs of
bridges/ROBs/flyovers/viaducts/ VOP/ VUP/ PUP/ CUP/ WLOP/ WLUP/ RE walls/ retaining walls/
portals, interchanges and any other structure to be constructed in the Project highway. He shall also
review the rehabilitation measures to be proposed by the Concessionaire for existing structures based
on site condition and structural requirement basis. His expertise shall include computer aided design
methods for Civil/Structural Engineering with particular reference to Structural design. The duties of
a structural engineer are not limited to above elaboration and shall include all other necessary
responsibilities confined to the assignment.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years in Bridge Design.
(c) 10 years out of total 15 years’ experience in similar capacity for design of major highway
bridges.
(d) Experience of designing of at least 4 major Highway Bridges of similar configuration.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Highway Engineering/Pavement/Civil engineering.
(b) Experience in Highway Projects in innovative / nontraditional technology and design.
(c) Experience in similar capacity in innovative and specialized major Bridge Design (Pre-cast
Segmental Cantilever Construction, Cable Stayed Bridge, Suspension bridges etc.)

SENIOR CONTRACT SPECIALIST

Duties: He will be deployed in working season in stages for cumulative duration of period mentioned
in Enclosure-A for obtaining his expert opinion on emerging contractual issues. His key responsibilities
will be to guide and assist Team Leader/Employer in all aspects of contract management in proper
implementation of contract provisions including controlling the project cost of the construction
package. He will also be required to offer his advice on contractual complications arising during the
implementation as per the request of the employer. He will be required to prepare
manuals/schedules for the consultant’s team/employer based on the provisions of the contract
document. He will be responsible for giving appropriate suggestions in handling claims of the
contractors and any dispute arising thereof. The duties of
54 a senior contract specialist are not limited
to above elaboration and shall include all other necessary responsibilities confined to the assignment.

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(1) Essential Qualifications.

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years in Contract Management.
(c) Experience of at least 4 years as Contract Specialist on any National/State Highway project.
(d) Contract Management of a large Highway contract say over Rs.150 crore including experience of
handling Variation orders, claims of the contractor and there appropriate disposal.
(e) Handled Arbitration cases in respect of any Highway project.
(f) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Degree in Law/PG in management/certificate course in management/ certificate course in
construction management/certificate course in contract management.

SENIOR QUANTITY SURVEYOR

Duties: He will be reporting to the Team Leader and give input as and when required during the
work. He will provide necessary guidance to the Quantity Surveyor, and shall issue
directions/procedures/formats of reporting to the Quantity Surveyor. He will act as a contract
specialist also for the construction package, even though the thrust of his responsibilities will be in
the areas of quantity surveying/processing of the invoices etc. He will be responsible for taking all
measures required to control the project cost and time over-runs. He will examine the claims of the
contractor, variation orders, if any, and will approve the progress reports as per the project
requirements. He will approve the measurement of all items of works executed in different stages
for payment purpose prepared by Quantity Surveyor. The duties of a Senior quantity surveyor is not
limited to above elaboration and shall include all other necessary responsibilities confined to the
assignment. He shall have the following qualification / experience.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering from recognized university.
(b) Total Professional Experience of 15 years in handling Highway Contracts.
(c) At least 10 years’ experience as Quantity Surveyor in Highway project.
(d) He shall have handled as Quantity Surveyor in at least two projects in Construction Supervision
of Two/four of Laning Highways.
(e) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Construction Management/Civil Engineering/certificate course in
management/ certificate course in construction management/certificate course in contract
management.

SENIOR QUALITY CUM MATERIAL ENGINEER

Duties: He will be responsible for supervising all the tests to be done in different stages of
construction, besides ensuring that specified tests are done as per codal stipulations and as per the
specifications laid down in the contract for all the different stages of construction. He will be
coordinating and controlling the support personnel placed with him and will report to the Resident
Engineer and to the Team Leader/Employer’s representative as and when required. Senior Quality
Cum Material Engineer shall be responsible for timely conducting the testing of Material at source
identified by the contractor as per norms and its approval to maintain the speed of the work. Any
material brought on site by the contractor for execution of work or any substandard work is executed
by the contractor, he will solo responsible along with resident engineer and team leader. The duties
of a quality cum material engineer are not limited to above elaboration and shall include all other
necessary responsibilities confined to the assignment. He shall have the following qualification /
experience.

(1) Essential Qualifications. 55

(a) Graduate in Civil Engineering from a recognized University.

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(b) Professional Experience of 15 years in construction of Highways / Roads / Airfield Runways

(c) Experience of 10 years in similar capacity in Construction / Construction Supervision of Highway
projects.
(d) Experience as Material / Geotechnical Engineer in Construction/Construction Supervision of at
least 2 Highway projects.
(e) Must be familiar with material property of road construction material, technical specifications
and procedures of material tests and testing equipment.
(f) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Civil/Geo-Technical Engineering/Soil Mechanics and Foundation
Engineering

ENVIRONMENTAL EXPERT
Duties: As an Environmental Expert one shall be responsible for co-ordination of Environment team
for Baseline Data Monitoring at Site, interaction with Highway design team, Preparation of
Environmental Impact Assessment report as per Ministry of Environment and Forests (MOEF),
Preparation of Environmental Management Plan (EMP). Preparation of EMP/EIA as per MOEF
Guideline.
Make awareness of safety rules & measures among workers/employees/ staff. Review of Documents,
Legal Policy, carrying out Environment Survey, Preparation of Environment Screening and
Environment Impact Assessment Report, Obtaining Environment, Forest Clearances and other
Statuary Clearances.
Responsible for Supervising the Environment Impact Assessment Study including Bio diversity
assessment Study, Review and updating the Environment Impact Assessment Report of Project Road.
Carrying out surveys related to the environmental aspects, initial environmental screening and
assessment, preparation of Environmental Impact Assessment (EIA) and Environment. Management
Plans (EMP) to mitigate the adverse environmental impacts associated with Baseline Data Monitoring
al Site, interaction with Highway design learn, Preparation of Environmental Impact Assessment
report as per Ministry of Environment and Forests (MOEF), Preparation of Environmental Management
Plan (EMP).
Responsible for collection and generation of primary and secondary data pertaining to the
environment involving both physical as well as ecological features. In process to generate the primary
and secondary data, the task involved liaison with government and non- governmental organizations,
discussion with major stakeholders, review of applicable guidelines, supervision work of the
documentation and identification of major environmental features including enumeration of trees
along the road etc.
On the basis of collected data, EIA/EMP report based on MOEF Guidelines. The duty of an
environmental expert is not limited to above elaboration and shall include all other necessary
responsibilities confined to the assignment.

(1) Essential Qualifications.

(a) The Candidate shall be Graduate in Civil Engineering/Environmental Engineering or other
relevant qualification.
(b) He shall have at least 10 years’ experience out of which 4 years in highway projects.
(c) He shall have good knowledge of MOEF guidelines/requirements for mitigation measures
pertaining environment
(d) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Environment Engineering or Environment Sciences.

ROAD SAFETY EXPERT

Duties: The Safety Engineer shall be responsible for supervision
56 of the Project works and Safety
measures being implemented by the Contractor. He shall supervise all safety related matters during
construction of the project. He shall assist the Resident Engineer (Highways) and Resident Engineer

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(Structures) for all safety related issues. The duties of a safety expert are not limited to above
elaboration and shall include all other necessary responsibilities confined to the assignment.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering/ Diploma in Civil Engineering from a recognized University.
(b) Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in Highway
Construction Safety Supervision.
(c) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Shall have completed post-graduation/Diploma in Safety.

RESIDENT ENGINEER HORTICULTURE

Duties: Duties involve supervision and Design review of all Avenue Plantation, Horticulture and
Landscaping related activities of the Project. The Resident Engineer Horticulture will require to be in
touch with the project site and guide his requirement of horticulture as per detailed design and
drawing during the implementation of civil engineering works. The horticulture works and its
supportive infrastructure shall be carried out in under guidance of team leader of the project. He
shall inspect and monitor the landscaping and its infrastructure work regularly. He shall ensure that
all plantation work to be carried out in line with specifications. He shall responsible for survival and
healthy growth of the plants, lawns and necessary landscaping work.

(1) Essential Qualifications.

(a) Graduate in Science /Agriculture.
(b) Total Professional Experience of 10 years in similar capacity for handling horticulture,
landscaping and plantation Projects.
(c) He shall have handled at least Two projects in horticulture, landscaping and plantation
Supervision in similar capacity.
(d) He shall have handled at least Two Projects of project Preparation of DPR for horticulture,
landscaping and plantation work in similar capacity.
(e) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate in Agriculture with specialization in Horticulture / Floriculture / Arboriculture

LANDSCAPE ARCHITECT / EXPERT

Duties: Duties involve supervision and Design review of all Avenue Plantation, Horticulture and
Landscaping related activities of the Project. The Resident Engineer Horticulture will require being in
touch with the project site and guiding his requirement of horticulture as per detailed design and
drawing during the implementation of civil engineering works. The horticulture works and its
supportive infrastructure shall be carried out in under guidance of team leader of the project. He
shall inspect and monitor the landscaping and its infrastructure work regularly. He shall ensure that
all plantation work to be carried out in line with specifications. He shall responsible for survival and
healthy growth of the plants, lawns and necessary landscaping work.

(1) Essential Qualifications.

(a) Graduate in Science / Civil Engineering.
(b) Total Professional Experience of 8 years in similar capacity for handling horticulture,
landscaping and plantation Projects.
(c) He shall have handled at least Two projects in horticulture, landscaping and plantation
Supervision in similar capacity.
(d) He shall have handled at least Two Projects of project Preparation of DPR for horticulture,
landscaping and plantation work in similar capacity.
(e) Not more than 65 years of age.
57

(2) Preferential Qualifications.

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(a) Post Graduate in Civil Engineering / Agriculture

HYDRAULIC / IRRIGATION ENGINEER

Duties: Duties involve supervision and review of Design and drawings, irrigation system such as
adequacy of identified sources and quality of water, water Storage of required capacity, pumping
station, irrigation system, and drainage related activities of the Project during throughout the year.

(1) Essential Qualifications.

(a) Graduate in Civil Engineering
(b) Total Professional Experience of 8 years in similar capacity for handling cross-drainage /
hydraulic structures in the projects.
(c) He shall have handled at least Two highway projects (4/6/8 lane) in similar capacity.
(d) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate in relevant field.

SUB PROFESSIONAL (To be evaluated for their suitability by Employer’s representative, before
deployment)

Bridge/Structure Engineer
The Structure ENGINEER shall assist the Resident Engineer (Structures) for Supervision of all
other Structures of the package.
Qualifications:
Graduate in Civil Engineering/ Diploma in Civil Engineering from a recognized University.
Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in Structure/
Bridge Construction Supervision Projects.

Highway Engineer
The Highway Engineer shall assist the Resident Engineer (Highways) in construction Supervision of
the package.
Qualifications:
Graduate in Civil Engineering/ Diploma in Civil Engineering from a recognized University.
Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in Highway
Construction Supervision Projects.

Horticulture and landscaping Expert

Duties involve supervision and Design review of all Avenue Plantation, Horticulture and Landscaping
related matters of the Project.
Qualifications:
Graduate in Science in Horticulture/landscaping.
Professional Experience of 8 years in similar capacity.

Senior Survey Engineer

Checking layout of centerline, layout of curves, levels and profiles, etc. will be his main
responsibility. Apart from this, he shall also assist the Quantity Surveyor in preparation of invoices.
He shall also be responsible for modifying survey data in case any modification is required in the
design during execution.
Qualifications:
He shall be a graduate civil engineer with 4 years for BE Civil & 6 years for Diploma holder. Sr. Survey
Engineer shall be conversant with modem survey equipment, total stations, auto level, digital level
etc. He shall have worked in at least one major highway project. He shall not be more than 60 years
of age.
58

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Geotechnical Expert
He shall be responsible for checking design of slope protection works, checking and verifying the
specifications for Geotechnical investigations and geotechnical details submitted by the contractor
and producing technical report on ground investigation and interpretation using state of the art 2D,
3D ground modelling software. He shall be responsible for monitoring of slope protection works with
the help of structural engineer.
Qualifications:
Post Graduate in Geotechnical Engineering / related field from a recognized University.
Professional Experience of minimum 15 years as geotechnical expert with construction experience of
at least 2 years in Transportation projects.

Quantity Surveyor (Highways)

Duties involve Quantity Survey, measurement of work done in accordance to ToR of Authority
Engineer.
Qualifications:
Graduate in Engineering / Diploma in Civil Engineering with Experience 5 years (Graduate) or 8 years
(Diploma) in Quantity Survey relevant work in highway projects.

Quality Control Engineer (Highway).

The Candidate shall assist the Sr. Quality cum Material Expert for supervision of Field as well as
Laboratory Testing and Quality Control.
Qualifications:
Graduate in Engineering / Diploma in Civil Engineering with Experience 5 years (Graduate) or 8 years
(Diploma) in Quality Control work in highway projects.

Lab Technicians.
Qualifications:
They shall be at least Diploma-holders with about 5 to 6 years of experience in handling the quality
control tests laboratories for road/bridge works or Graduates in Science with about 3 to 4 years of
relevant experience in the field of testing of road/bridge projects.

Electrical Engineer.
The Candidate shall assist the Highway Design Engineer / Structural Design Engineer for review of
Designs and drawings pertaining to Electrical Installations and also supervise the work as and when
required.
Qualifications:
Graduate in Electrical Engineering with Experience 10 years in similar capacity.

Hydrologist.
The Candidate shall assist the Highway Design Engineer / Structural Design Engineer for review of
Designs and drawings pertaining to Hydrology and Hydraulics of the Project and also supervise the
work as and when required.
Qualifications:
Graduate in Civil Engineering with relevant Experience of 10 years having worked in similar capacity.

Project Monitoring Expert

The Candidate shall assist the MSRDC official through team leader of Project support office for review of
ongoing projects of MSRDC assigned to PSO team and monitor its day-to-day activities and submit report to
MSRDC along with corrective measure to keep progress of work on schedule. Being support to team leader
he is responsible for entire assignments entrusted to them and work carried out by team allotted to PSO
to establish project support office at MSRDC HQ.
Educational Qualification
Bachelor in Civil Engineering or equivalent.
Experience
Minimum Experience of 3 years in relevant field
Professional experience
Experience of monitoring and supervision during construction
59 and /or O&M perid for roads and
highway project shall be preferred.

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Support utility Expert for MSRDC HQ

Educational Qualification
Master in Electrical Engineering or relevant field
Experience
Expert shall have at least 10 years of overall experience
Preferential Experience
Expert shall have at least 15 years of overall experience
Professional experience
Shall have experience of working in similar capacity for road and highways projects

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SECTION 7: DRAFT FORM OF CONTRACT

Note: This draft Agreement is a generic document and shall be modified based on particulars of the
Project.

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CONTRACT FOR CONSULTANT’SSERVICES

Between

(Name of Client)

And

(Name of Consultant)

Dated:

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CONTENTS

Page No.

I. FORMOFCONTRACT ............................II GENERAL

CONDITIONS OF CONTRACT ……………….
1. General Provisions ……………………………………….

1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the 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
2.7.1 Definition …………………………………………..
2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension … ………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client………………………………
2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….

3. Obligations of the Consultants ……………………

3.1 General
3.1.1 Standard of Performance …………..
3.1.2 Law Governing Services …………..

3.2 Conflict of Interests ……………………….

3.2.1 Consultants not to Benefit from Commissions, Discounts,

etc.……..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and63Affiliates Not to Engage in certain Activities
…………..
3.2.4 Prohibition of Conflicting Activities …

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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 Consultant’s 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 ……………………..

4.1 General … ………………………………………………

4.2 Description of Personnel …………………………
4.3 Approval of Personnel ……………………………
4.4 Working Hours, Overtime, Leave etc.
4.5 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 Remuneration and Reimbursable Expenditures…
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. 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
Appendix H : Form of Performance Bank Guarantee
Appendix I : 64 Guarantee for Advance
Form of Bank
Payments

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Appendix J : Letter of invitation

Appendix K : Letter of Award
Appendix L : Minutes of pre-bid meeting ……………
Appendix M : Memorandum of Understanding (in case
of JV)
Appendix N : Form of Bank Guarantee for Bid Security

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FORM OF CONTRACT:
COMPLEX TIME BASED ASSIGNMENTS

This CONTRACT (hereinafter called the “Contract”) is made the day of the Month of, 202……. ,
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 shall 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:

(a) The General Conditions of Contract (hereinafter called “GC”)’

(b) (b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:

[Note: If any of these Appendices are not used, the words “Not Used” shall be inserted below next to the
title of the Appendix on the sheet attached hereto carrying the title of that Appendix].

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
Appendix H: Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J: Letter of invitation
Appendix K: Letter of Award
Appendix-L: Minutes of pre-Bid Meeting
Appendix-M: Memorandum of Understanding (in case of JV)
Appendix-N: Form of Bank Guarantee for Bid Security

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2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract; in particular

(b) The Consultants shall carry out the Services in accordance with the provisions of the Contract; and
(c) 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.

FOR AND ON BEHALF OF [NAME OF THE CLIENT]

By
(Authorized Representative)

FOR AND ON BEHALF OF [NAME OF THE CONSULTANTS]

By
(Authorized Representative)

[Note: If the Consultants consist of more than one entity, all of these entities shall appear as
signatures, e.g. in the following manner]

FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANTS

[Name of the Member]

By
(Authorized Representative)

[Name of the Member]

By
(Authorized Representative)

Etc.

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GENERALCONDITIONSOF CONTRACT

1. General Provisions
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 (SC)], as they may be issued and in force from time to time.

(b) “Contract means the Contract signed by the Parties, to which these General Conditions of Contract
are attached, together with all the documents listed in Clause 1 of such signed Contract;

(d) ‘foreign currency’ means any currency other than the currency of the Government;

(e) ‘GC means these General Conditions of Contract;

(f) “Government” means the Government of Client’s Country;

(g) ‘Local currency’ means the Indian Rupees;

(h) “Consultant” wherever mentioned in this Contract Agreement means the “Authority Engineer
(AE)” and includes sub-consultants or Associates engaged by the primary consultant.

(i) “Member”, in case the Consultants consist of a joint venture of more than one entity, means any of
these entities, and “Members” means all of these entities;

(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means both of them;

(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants and or Associates
as Employees and assigned to the performance of the Services or any part thereof; “Foreign
Personnel” means such persons who at the time of being so hired had their domicile outside the
Government’s Country, “Local Personnel” means such persons who at the time of being so hired
had their domicile inside the Government’s Country; and ‘key personnel’ means the personnel
referred to in Clause GC 4.2 (a).

(l) "SC" means the Special Conditions of Contract by which these General Conditions of Contract may
be amended or supplemented;

(m) "Services" means the work to be performed by the Consultants pursuant to his contract, as
described in Appendix A hereto. The scope of work will be strictly as givenin various Clauses in
TOR. The approach and methodology to be adopted by the Consultant for carrying out the
assignment as Authority Engineer may be modified depending on the site requirements and work
programme of the EPC Contractor after mutual discussions with Employer, the EPC Contractor
and the Authority Engineer. The work plan as indicated by the Consultant may be modified
accordingly to the site requirements.

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(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 SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation ofthis
Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have
been given or made when delivered in person to an authorized representative of the Party
to whom the communication is addressed, or when sent by registered mail, telegram or
facsimile to such Party at the address specified in the SC.
1.6.2 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 SC to act on their behalf in exercising all the Consultants'
rights and obligations towards the Client under this Contract, including without limitation the
receiving of instructions and payments from the Client.
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. GST as
applicable shall be paid to the consultant while making payment for services rendered. The
consultants shall then deposit the same with the tax authorities and provide a proof of having done
so within next 90 days in line with policy circulars issued by Employer.

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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 SC, either Party may, by not less than four (4)
weeks' written notice to the other Party, declare this Contract to be null and void, and in
the event of such a declaration by either Party, neither Party shall have any claim against the
other Party with respect hereto.
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 the
scope of the Services, may only be made by written agreement between the Parties as the
case may be, has been obtained. Pursuant to Clause GC 7.2 hereof, however, each Party shall
give due consideration to any proposals for modification made by the other Party.
2.7 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), confiscation 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 here under.

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 70 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

BIDDER Page 70 MSRDC

shall similarly give notice of the restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to 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.
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;
(a) 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;
(b) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(c) 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;

(d) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or

(e) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

(f) 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,

71 giving, receiving or soliciting of anything
of value to influence the action of a public official in the selection process or in
contract execution.

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"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.

(g) if EPC Contractor represents to Employer that the Consultant is not discharging his
duties ina fair, efficient and diligent manner and if the dispute remains
unresolved, Employer may terminate this contract.

(h) 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 MSRDC. 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 firm will
have to refund the salary and perks drawn including interest at 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

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
expirationof 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 Applicable Law

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
72
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

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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 paymentsany 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 pursuantto 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,
subjectto 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 Contractor to the Services or in the discharge of their obligations hereunder,
73 to ensure that any Sub- consultants and or
and the Consultants shall use their best efforts
Associates, as well as the Personnel and agents of either of them, similarly shall not receive

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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 (Employer)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 SC); (ii) shall permit the Client or
its designated representative periodically, and up to one year from the expiration or termination of
this Contract, to inspect the same and make copies thereof as well as to have them audited
by auditors appointed by the Client; and (iii) shall permit the client to inspect the Consultant's
accounts and records relating to the performance of the Consultant and to have them audited by
auditors appointed by the client. 74

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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 executionof 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 AppendixB
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 75 such adjustments shall only be made with
the Client's written approval.

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(c) If additional work is required beyond the scope of the Services specified in Appendix A, the
estimated periods of engagement of Key Personnel set forth in Appendix C may be
increased by agreement in writing between the Client and the Consultants, provided that
any such increase shall not, except as otherwise agreed, cause payments under this
Contract to exceed the ceilings set 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 up to 33% of key personnel,
remuneration shall be reduced by 20% (ii) for total replacement up to between 33% to
50%, remuneration shall be reduced by 25% and (iii) for total replacement up to between
50% to 66%, remuneration shall be reduced by7630% (iv) For total replacements beyond 66%
of the key personnel the client shall initiate action of higher

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penalty/termination/debarment up to 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 shall 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 shall be informed by Employer 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 Employer’s works for an
appropriate period to be decided by Employer 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 Employer to
black-list that firm.

4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times during the Consultants'
performance of the Services in the Government’s country a resident project manager,
acceptable to the Client, shall take charge of the performance of such Services.

5. Obligations of the Client

5.1 Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the
Government shall:

(a) provide the Consultants, Sub-consultants and Personnel with work permits and such
other documents as shall be necessary to enable the Consultants, Sub- consultants or
Personnel to perform the Services;

(b) assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all necessary entry and exit visas, residence permits, exchange permits
and any other documents required for their stay in Government's country;

(c) facilitate prompt clearance through customs of any property required for the Services
and of the personal effects of the Personnel and their – eligible dependents;

(d) issue to officials, agents and representatives of the Government all such instructions as may
be necessary or appropriate for the prompt and effective implementation of the Services;

(e) assist the Consultants and the Personnel and any Sub-consultants and or Associates
employed by the Consultants for the Services from any requirement to register or obtain
any permit to practice their profession or to establish themselves either individually or
as a corporate entity according to the Applicable Law;

(f) grant to the Consultants, any Sub-consultants and or Associates and the Personnel of
either of them the privilege, pursuant to the Applicable Law, of bringing into
Government's country reasonable amounts of foreign currency for the purposes of the
Services or for the personal use of the Personnel and their dependents and of
withdrawing any such amounts as may be earned therein by the Personnel in the
execution of the Services: and

(g) Provide to the Consultants, Sub-consultants and or Associates and Personnel any such
other assistance as may be specified in the SC.

5.2 Access to Land

77
The Client warrants that the Consultants shall have, free of charge, unimpeded access to all
land in the Government's country in respect of which access is required for the performance of

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the Services. The Client will be responsible for any damage to such land or any property thereon
resulting from such access and will indemnify the Consultants and each of the Personnel in
respect of liability for any such damage, unless such damage is caused by the default or
negligence of the Consultants or any Sub-consultant or the Personnel of either of them.

5.3 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost or reimbursable expenses
incurred by the Consultants in performing the Services, then the remuneration and
reimbursable expenses otherwise payable to the Consultants under this Contract shall be
increased or decreased accordingly by agreement between the Parties hereto, and
corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6.1(b).

5.4 Services, Facilities and Property of the Client

The Client shall make available to the Consultants and the Personnel, for the purposes of the
services and free of any charge, the services, facilities and property described in Appendix F at
the times and in the manner specified in said Appendix F, provided that if such services, facilities
and property shall not be made available to the Consultants as and when so specified, the Parties
shall agree on (i) any time extension that it may be appropriate to grant to the Consultants for the
performance of the Services, (ii) the manner in which the Consultants shall procure any such
services, facilities and property from other sources, and (iii) the additional payments, if
any,to be made to the Consultants as a result thereof pursuant to Clause GC 6.l(c) hereinafter.

5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the Client shall
make to the Consultants such payments and in such manner as is provided by Clause GC 6 of this
Contract.

5.6 Counterpart Personnel

(a) If so provided in Appendix F hereto, the Client shall make available to the Consultants, as
and when provided in such Appendix F, and free of charge, such counterpart personnel to
be selected by the Client, with the Consultants' advice, as shall be specified in such
Appendix F. Counterpart personnel shall work under the exclusive direction of the
Consultants. If any member of the counterpart personnel fails to perform adequately any
work assigned to him by the Consultants which is consistent with the position occupied by
such member, the Consultants may request the replacement of such member, and the
Client shall not unreasonably refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as and when
specified in Appendix F, the Client and the Consultants shall agree on (i) how the affected
part of the Services shall be carried out, and (ii) the additional payments, if any, to be
made by the Client to the Consultants as a result thereof pursuant to Clause GC 6.1(c)
hereof

6. Payments to the Consultants

6.1 Cost Estimates; Ceiling Amount

(a) An estimate of the cost of the Services payable is set forth in Appendix G.

(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC 6.1(c),
payments under this Contract shall not exceed the ceilings specified in the SC. The
Consultants shall notify the Client as soon as cumulative charges incurred for the Services
have reached 80% of these ceilings.

(c) Notwithstanding Clause GC 6.l(b) hereof, if pursuant to clauses GC 5.3,5.4 or 5.6 hereof, the
Parties shall agree that additional payments shall78be made to the Consultants in order to cover
any necessary additional expenditures not envisaged in the cost estimates referred to in
Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Clause GC

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6.1 (b) above shall be increased by the amount or amounts, as the case may be, of any such
additional payments.

6.2 Remuneration and Reimbursable Expenditures

(a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client shall pay to the
Consultants (i) remuneration as set forth in Clause GC 6.2(b), and (ii) reimbursable
expenditures as set forth in Clause GC 6.2(c). If specified in the SC, said remuneration shall
be subject to price adjustment as specified in the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time actually spent by
such Personnel in the performance of the Services after the date determined in accordance
with Clause GC 2.3 and Clause SC 2.3 (or such other date as the Parties shall agree in
writing) (including time for necessary travel via the most direct route) at the rates referred
to, and subject to such additional provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the Consultants in the
performance of the Services, as specified in Clause SC 6.3(b).

6.3 Currency of Payment

All payments shall be made in Indian Rupees and shall be subjected to applicable Indian laws
withholding taxes if any.

6.4 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:

(a) The Client shall cause to be paid to the Consultants an interest- b e a r i n g advance payment as
specified in the SC, and as otherwise set forth below. The advance payment will be due
after provision by the Consultants to the Client of a bank guarantee by a bank acceptable to
the Client in an amount (or amounts) and in a currency (o r currencies) specified in the
SC, such bank guarantee (I) to remain effective until the advance payment has been
fully set off as provided in the SC, and (ii) to be in the form set forth in Appendix I hereto
or in such other form as the Client shall have approved in writing.

(b) As soon as practicable and not later than fifteen (15 days) after the end of each calendar
month during the period of the Services, the Consultants shall submit to the Client, in
duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and
other appropriate supporting materials, of the amounts payable pursuant to Clauses GC 6.3
and 6.4 for such month. Each monthly statement shall distinguish that portion of the total
eligible costs which pertains to remuneration from that portion which pertains to
reimbursable expenditures.

(c) The Client shall cause the payment of the Consultants periodically as given in schedule of
payment above within sixty (60) days after the receipt by the Client of bills with supporting
documents. Only such portion of a monthly statement that is not satisfactorily supported
may be withheld from payment. Shall any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultants, the Client may add or
subtract the difference from any subsequent payments. Interest at the rate specified in the
SC shall become payable as from the above due date on any amount due by, but not paid
on such due date.
(d) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultants and approved
as satisfactory by the Client. The Services shall be deemed completed and finally accepted
by the Client and the final report and final statement shall be deemed approved by the
Client as satisfactory ninety (90) calendar days after receipt of the final report and final
statement by the Client unless the Client, within such ninety (90)-day period, gives written
notice to the Consultants specifying in detail deficiencies in the Services, the final report or
final statement. The Consultants shall thereupon promptly make any necessary corrections,
and upon completion of such corrections, the foregoing process shall be repeated. Any
amount which the Client has paid or caused to be paid in accordance with this Clause in
79
excess of the amounts actually payable in accordance with the provisions of this Contract
shall be reimbursed by the Consultants to the Client within thirty, (30) days after receipt by the

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Consultants of notice thereof. Any such claim by the Client for reimbursement must be
made within twelve (12) calendar months after receipt by the Client of a final report and a
final statement approved by the Client in accordance with the above.

(e) All payments under this Contract shall be made to the account of the Consultants specified in
the SC.

7. Fairness and Good Faith

7.1 Good Faith

The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization of the
objectives of this Contract.

7.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Contract either Party believes
that this Contract is operating unfairly, the Parties will use their best efforts to agree on such
action as may be necessary to remove the cause or causes of such unfairness, but no failure
to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration
in accordance with Clause GC 8 hereof.

8. Settlement of Disputes

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

The parties shall seek to resolve in good faith any dispute or difference arising between them
in respect of any matters connected with this agreement. If the parties cannot resolve any
dispute or difference within 14 days or such a period as they parties may subsequently to the
following:

8.2.3 Arbitration proceedings shall be held at Mumbai, India and the language of the
arbitration proceedings and that of all documents and communication between the
parties shall be English

8.2.4 The expenses incurred by each party in connection with the preparation,
presentation etc. Of
its proceeding shall be borne by each parties
80 itself.
8.2.5 The fees and expenses of the sole arbitrator shall be borne in equal share by the

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parties

9. Stamp Duty:

All cost, charges and expenses of and incidental to drawings, engrossing, completing the agreement in
duplicate including stamp duty and registration charges shall be borne and paid by the consultant only.
The registration the agreement shall be the sole responsibilities of the consultant.

10. 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 MSRDC. 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 firm will have to
refund the salary and perks drawn including interest at 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

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I. SPECIAL CONDITIONS OF CONTRACT

GC Clauses:

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:

Client: Address of Employer Attention:
Telex:

Facsimile :

Consultant: Address of Consultant Attention:

Cable address:

Telex :

Facsimile :

[Note’: Fill in the Blanks]

1.6.2 Notice will be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery;

(b) in the case of telexes, 24 hours following confirmed transmission;

(c) in the case of telegrams, 24 hours following confirmed transmission; and

(d) in the case of facsimiles, 24 hours following confirmed transmission.

1.8 The Member in Charge is: Member (Name & Designation)

(Note: If the Consultants consist of a joint venture of more than one entity, the name of the
entity whose address is specified in SC 1.6.1 shall be inserted here. If the Consultants consist of one
entity, this Clause 1.8 shall be deleted from the SC)

1.9 The Authorized Representative are: For the Client: Chief Engineer (Expressway-Nodal)

For the Consultants:

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. 82
2.4 The time period shall be 90 months (30 month for construction period and 60 months for

BIDDER Page 82 MSRDC

Maintenance period)

3. 4 Limitation of the Consultants' Liability towards the Client

(a) 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 shall 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
shall be for an amount less than stated in the contract.
v) If the Consultant enters into an agreement with Employer in a joint venture or ‘in
association’, the policy must be procured and provided to Employer by the joint
venture/in association entity and not by the individual partners of the joint
venture/association.
vi) The contract may include a provision thereby the Consultant does not cancel the policy
midterm without the consent of the Employer. The insurance company may provide an
undertaking in this regard.

(b) This limitation of liability shall not affect the Consultants' liability, if any, for damage to
Third Parties caused by the Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.
(c) 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

(a) 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 t h e period of consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million for the period of
consultancy.

(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a minimum
coverage equal to estimated remuneration and reimbursable.

(d) 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

(e) 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

(f) 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
83 by the Consultants in the performance of
the Services.

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3.7 (c) The other actions are

(i) taking any action under a civil works contract designating the Consultants as "Authority’s
Engineer", for which action, pursuant to such civil works contract, the written approval of
the Client as "Employer" is required".

3.9 T h e 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 Indian Rupee is:

6.2(a) "Payments for remuneration made in accordance with Clause GC 6:2(a) in shall be adjusted as
follows:
(i) Consultants shall be paid billing rates for services rendered by the personnel of all categories
namely (i) key Personnel; (ii) sub- Professional personnel and (iii) Support staff on man-month
basis. And for remaining items of financial proposal namely (i) transportation, (ii) Duty travel to
site (iii) Office Rent, (iv) office supplies communication etc. (v) reports & document printing
and (vi) survey equipment etc. the consultants shall be paid on monthly billing rate basis.

In case the progress of the work is lagging behind the scheduled milestones due to various
reasons beyond control of Authority /Authority Engineer such as non-availability of certain
parcels of land, forest clearance, poor performance of contractor etc, in such
situations/circumstances, the Authority shall review the requirement of personnel & also of the
logistics items commensurate to the progress of the work, they may also demobilize the
Authority’s Engineer, if project is stand still. The Authority may be reduced deployment of
personnel & logistics as per assessment of situation in consultation with the Authority’s
Engineer.
The payment of remuneration and also of the reimbursable items in such cases may be paid as
per the actual deployment of personnel /Logistics.

(ii) Beginning 13th months from the last date of submission of bid, billing rates shall be increased to
cover all items of contract i.e. remuneration, vehicle hire, office rent, consumables, furniture etc.
@ 5% every 12 months. However, for evaluation and award of the Bid proposals, the quoted initial
rate (as applicable for first 12 months from last date of submission of bid) shall be multiplied by the
total time input for each position on this contract, i.e. without considering the increase in the
billing rates. All payments shall be made in Indian Rupees and shall be subjected to applicable
Indian laws withholding taxes if any.

6.2(b)(i) (1) It is understood (i) that the remuneration rates shall cover (A) such salaries and
allowances as the Consultants shall have agreed to pay to the Personnel as well as factors for
social charges and overhead, and (B) the cost of backstopping by home office staff not included
in the Personnel listed in Appendix C, and (C) the Consultants' fee; (ii) that bonuses or other
means of profit-sharing shall not be

allowed as an element of overhead, and (iii) that any rates specified for persons not yet
appointed shall be provisional and shall be subject to revision, with the written approval of the
Client, once the applicable salaries and allowances are known.

(2) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual
time spent in the Consultants' home office and directly attributable to the Services (one hour being
equivalent to 1/240th of a month) and on a calendar-day basis for time spent away from home
office (one day being equivalent to 1/30th of a month).

6.2(b) (ii) The rates for foreign and local Personnel are set forth in Appendix G
6.4(a) The following provisions shall apply to
84 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

BIDDER Page 84 MSRDC

currency (INR) in the bid shall be made within 60 days after receipt and verification of
advance payment bank guarantee. The advance payment along with interest will be set
off by the Client in equal instalments against the statements for the first 12 months of the
Service until the advance payment has been fully set off. The advance payment shall be in
Indian Rupee.
2) The bank guarantee shall be in the amount and in the currency of the advance payment.
3) Interest rate shall be 10% per annum (on outstanding amount).

8.2 Dispute Settlement

The parties shall seek to resolve in good faith any dispute or difference arising between them in
respect of any matters connected with this agreement. If the parties cannot resolve any dispute
or difference within 14 days or such a period as they parties may subsequently to the following:

8.2.1 Dispute shall be settled by arbitration in accordance with the following provisions:
In case of dispute, the authority shall nominate any person, who shall be retired
secretary of government of Maharashtra. Such a person to be nominated by VC&MD,
MSRDC, as a sole arbitrator within 28 days of receipt of consultants notice for non-
acceptance of authority decision. The arbitrator so nominated shall carry out
arbitration proceedings in accordance with the arbitration and conciliation act 1996
or any modification thereof. The decision of the sole arbitrator so nominated shall
be final and binding on the parties.
8.2.2 Arbitration may be commenced during or after the contract period provided that the
obligation of MSRDC and the consultant shall not be altered by reason of the
arbitration being conducted during the contract period.
8.2.3 Arbitration proceedings shall be held at Mumbai, India and the language of the
arbitration proceedings and that of all documents and communication between the
parties shall be English
8.2.4 The expenses incurred by each party in connection with the preparation,
presentation etc. Of its proceeding shall be borne by each parties itself.
8.2.5 The fees and expenses of the sole arbitrator shall be borne in equal share by the
parties

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II. APPENDICES

Appendix A: Description of the Services

[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...]

Details as per TOR

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Appendix B: Reporting Requirements

[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".}

Please refer TOR

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Appendix C: Key Personnel and Sub-consultants

[List under: C-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. experience of Personnel to be assigned to work in India, and staff-
months for each.

C-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)

Please refer TOR

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Appendix D: Medical Certificate

[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in India.
If there is no need for a medical certificate, state here: "Not applicable. "]

The form of Medical Certificate as required under the rules of MSRDC

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Appendix E: Hours of Work for Key Personnel

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
Gazette Holidays of Government of India as Holidays. The Consultant shall work as per the work
program of the EPC Contractor. In this context in case the work plan of the Consultant needs suitable
modifications, the same shall be carried out and submitted to the client for consideration. The
Consultants hours of work normally shall match with that of Contractor’s activities on the site. No
extra remuneration shall be claimed or paid for extra hours of work required in the interest of Project
completion.

In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed.

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Appendix F: Duties of the Client

[List here under:

F-1 Services, facilities and property to be made available to the Consultants

by the Client.

F-2 Counterpart personnel to be made available to the Consultants by the

Client.]

Please refer TOR

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Appendix G: Cost Estimates

List hereunder cost estimate in INR:

1. Monthly rates for local Personnel (Key Personnel and other Personnel)

2. Reimbursable/Rental/Fixed expenditures as follows:

a. Cost of local transportation.

b. Cost of other local services, rentals, utilities, etc.

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Appendix H:
FORM OF PERFORMANCE SECURITY
(PERFORMAMANCE BANK GUARANTEE)
(Clause-13 of TOR)

To,
Address of Employer:

WHEREAS_________________________________________________________________
1 [Name and address of consultants (hereinafter called “the consultants”) has undertaken, in pursuance of
Contract
No.______________________________________ Dated____________________________________
to provides the services on terms a n d conditions set forth in this Contract [Name of contract and brief
description of works) (hereinafter called the “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with
his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Consultants up to a total of
___________________________________________________________________________[Amount of
Guarantee] 2
_____________________________________________________________________________[in words], such
sum
being payable in the types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits_________________________[amount of Guarantee] as aforesaid without you needing to
prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of you demanding the said debt from the Consultants before presenting us
with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract or of
the services to be performed there under or of any of the Contract documents which may be made
between you and the Consultants shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.

The liability of the Bank under this Guarantee shall not be affected by any change in the constitution of
the consultants or of the Bank.

Notwithstanding anything contained herein before, our liability under this guarantee is restricted to
Rs.________________
(Rs. )______________________ and the guarantee shall remain valid till ........................ Unless a claim
or a demand in writing is made upon us on or before all our liability under this guarantee shall cease.

This guarantee shall be valid for a period of 36 months i.e. up to 6 months beyond the expiry of contract
of 30 months.

93
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Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway Request for
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from Jalna to Proposal for
Nanded in The State of Maharashtra on EPC Mode for: I. Construction Package JNE - 05 from Km 127+840 AE
Katneshwar in Tq. Purna & District Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length
–38.490 Km) & II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764
(Length – 13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B:
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan
Junction) with Construction of Flyover and Bridge across Godavari River in Nanded City (Length 4.48 Km)

Signature and Seal of the Guarantor In presence of

Name and Designation 1.

(Name, Signature & Occupation)

Name of the Bank

Address 2.

(Name & Occupation) Date

1 Give names of all partners if the Consultants is a Joint Venture.

Bank Account Details for bank guarantee

Bank of canara, Fort Main, Mumbai 400 001
A/C no. 0108256705346
IFCS code; - CNRB0000108

94
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Consultancy Services for Authority’s Engineer for Construction of Access Controlled Expressway Request for
Connector to Hindu Hrudaysamrat Balasaheb Thackeray Maharashtra Samruddhi Mahamarg from Jalna to Proposal for
Nanded in The State of Maharashtra on EPC Mode for: I. Construction Package JNE - 05 from Km 127+840 AE
Katneshwar in Tq. Purna & District Parbhani to Km166+330 Borgaon Telang Tq & District Nanded (Length
–38.490 Km) & II. Construction Package JNE - 06 Part-A: from Borgaon Km 166+330 to Km 179+764
(Length – 13.434 Km) on Degloor – Nanded National Highway (NH161) In Tq. & Dist. Nanded and Part-B:
Improvement of Road from Hingoli Gate –Bafna Chowk- Deglur Naka to Chatrapati Chowk (Dhanegoan
Junction) with Construction of Flyover and Bridge across Godavari River in Nanded City (Length 4.48 Km)

Appendix I: Form of Bank Guarantee for Advance Payments (Reference Clause 6.4(a) of Contract)

(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)

Ref: Bank Guarantee:

Date:

Dear Sir,

In consideration of M/s. (hereinafter referred as the "Client", which expression

shall, unless repugnant to the context or meaning thereof include it successors, administrators and
assigns) having awarded to M/s.
(hereinafter referred to as the "Consultant"
which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a contract by issue of client's Contract Agreement No.
dated and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at
for Contract (hereinafter called the "Contract")

(Scope of work)
and the Client having agreed to make an advance payment to the Consultant for performance of the
above Contract amounting to (in words and figures) as an advance against Bank Guarantee to be
furnished by the Consultant.

We
(Name of the Bank) having its Head Office at (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 client immediately on demand
any or, all money payable by the Consultant to the extent of - as aforesaid at any 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 client on the Bank shall be conclusive and
binding notwithstanding any difference between the Client and the Consultant or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. we agree that the
Guarantee herein contained shall be irrevocable and shall
continue to be enforceable till the Client discharges
this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the contract by the Consultant. The Client shall have the fullest liberty without
affecting this guarantee, to postpone from time to time the exercise of any powers vested in them
or of any right which they might have against the Client and to exercise the same at any time in any
manner, and either to enforce or to forebear to enforce any covenants, contained or implied, in the
Contract between the Client and the Consultant any other course or remedy or security available
to the Client. The bank shall not be relieved of its obligations under these presents by any exercise
by the Client of its liberty with reference to the matters aforesaid or any of them or by reason of
any other act or

Forbearance or other acts of omission or commission on the part of the Client or any other indulgence
shown by the Client or by any other matter or thing whatsoever which under law would but for this
provision have the effect of relieving the Bank.
95
The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding against

BIDDER Page 95 MSRDC

the Consultant and notwithstanding any security or other guarantee that the Client may have in
relation to the Consultant's liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is limited to
and it shall remain in force up to and including
and
shall be extended from time to time for such period (not exceeding one year), as may be
desired by M/s. on whose behalf this
guarantee has been given.

Dated this day of

200 at

WITNESS

(Signature)
(Signature)

(Name)
(Name)

(Official Address) Designation (with Bank stamp) Attorney

as per Power of Attorney No.

Dated

Strike out, whichever is not applicable.

Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues the
"Bank Guarantee”.

Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign commercial Bank
acceptable to client for Foreign Consultant with counter guarantee from Nationalized Bank. Bank
guarantee furnished by foreign consultant shall be confirmed by any Nationalized Bank in India.

BIDDER Page 96 MSRDC

Appendix J

Letter of invitation

BIDDER Page 97 MSRDC

Appendix K

Letter of Award

BIDDER Page 98 MSRDC

Appendix L

Minutes of pre-bid meeting

BIDDER Page 99 MSRDC

Appendix – M: MOU
Between:

And

Whereas the Maharashtra State Road Development Corporation (MSRDC) (the ‘Employer’) 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 the Employer 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 Employer/EPC Contractor if
Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all
the obligation and liabilities relating to the consultancy work and in accordance with the Terms of
Reference of the Request for Proposal for the Consultancy Services.
(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 the Employer (Consultant may submit the detailed MOU
along with percentage sharing of cost at the time of bidding also).

For (Name of Lead partner)

Managing Director/Head of the Firm Address

For (Name of JV partner/s)

Managing Director/Head of the Firm Address

For (Name of Associate Partner/s)

100

BIDDER Page 100 MSRDC

Appendix-N

BANK GUARANTEE FORMAT FOR BID SECURITY

(To be stamped in accordance with Stamp Act if any, of the country of issuing bank) Ref.: Tender No.
, dated
Bank Guarantee:

Date
: WHEREAS, (Name of Consultant) (hereinafter called “the
bidder”) has submitted his bid dated (date) for the Tender No. , dated
(hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We, [Name of Bank) of
[Name of Country] having our registered office at
(hereinafter c a l l e d “the B a n k ”) a r e b o u n d u n t o
[Name of Employer] (hereinafter
called “the Employer”) in the sum of Rs. (Rupees Lakhs Only) for which payment
will and truly to be made to the said Employer the Bank binds himself, his successors and assigns by
these presents.

SEALED with the Common Seal of the said Bank this day of 2024. THE
CONDITIONS of this obligation are:
1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in accordance
with the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer during the period
of bid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Consultants, if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the Instructions to
Consultants,
we undertake to pay the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or any
of the conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 180 (one hundred and eighty) days after
the deadline for submission of bids as such deadline is stated in the Instructions to Consultants or as
itmay be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this Guarantee shall reach the Bank not later than the above date.
Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs. _ (Rs._ ) and the guarantee shall remain valid till .
Unless a claim or a demand in writing is made upon us on or before all our
liabilityunder this guarantee shall cease.

DATE

SIGNATURE OF THE B A N K SEAL OF THE BANK SIGNATURE OF THE WITNESS

Name and Address of the Witness

The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in India

DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.

101

BIDDER Page 101 MSRDC

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