Maharashtra State Road Development Corporation (Ltd.

) Bid Document
Request for Proposal (Instruction to Bidder)

Maharashtra State Road Development Corporation (Ltd.) Mumbai

(GOVT.OF MAHARASHTRA UNDERTAKING)

APPOINTMENT OF CONSULTANT TO ACT AS ENGINEER (PMC)

FOR THE FOLLOWING ADDITIONAL WORKS ON MUMBAI-
PUNE SECTION OF NH-4

(a) Widening flyover near Kon Junction and Four Laning of Kon to
Shedung Km.106/700
(b) Construction of Footover Bridge at Ajivali at Km. 105/600
(c) Widening to Four Laning from Palaspe to Kalamboli Km.109/150 to
115/800
(d) Vehicular Underpass atKhandaColonyin Km.114/500
(e) Construction of Flyover at Kalamboli Steel Yard JunctionKm.
(CH. 116/500 to Ch. 117/ 230)

ON ENGINEERING PROCUREMENT AND CONSTRUCTION (EPC) BASIS

REQUEST FOR PROPOSAL (RFP)

December 2015

BandraWorli Sea Link Project Office, Opp. Bandra Bus Depot, K. C. Marg,
BandraReclamation,Bandra (w), Mumbai-400050

Appointment of Consultant to Act as Independent Engineers (PMC)for the Additional Works on

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

CONTENTS

S. No. Particulars Page No.

1 SECTION 1 : Information to Consultants

2 SECTION 2 : Letter of Invitation
3 SECTION 3 : Format for Submission of
Firms Credentials.
4 SECTION 4 : Format for Submission of
Technical Proposal.
5 SECTION 5 : Format for submission of
Financial proposal.
6 SECTION 6 : Terms of Reference.
7 SECTION 7 : Draft Form of Contract.

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Request for Proposal (Instruction to Bidder)

REQUEST FOR PROPOSAL (RFP)

SECTION 1: INFORMATION TO CONSULTANTS

Sub.: Appointment of Project Management Consultancy (PMC) for the following

Additional Works on Mumbai-Pune Section of NH-4
GENERAL:-
1. The Maharashtra State Road Development Corporation (Ltd.), Mumbai (the ‘Employer’) invites
proposals from eligible consultant empanelled for supervision by MoRT&Hin categories VI-A or
VI-B & valid on the date of submission with requisiteexperience.

Competitive Bidding for the following contract package in the State of Maharashtra.
TABLE1: DETAILS OF PROJECT
Project
Assignment
Sr. NH Project
Length (Km)
Consultancy Package State Period
No. No. Stretch / Project
(months)
Cost (cr.)
1. Appointment of Consultant to act as Independent Engineer (Pmc) for the following Additional
Works on Mumbai-Pune Section of NH-4
a) Widening flyover near
Kon Junction and Four 73.11 24 + DLP
Km.106/700
Laning of Kon to Shedung (Approx) 24 Months
b)Construction of Footover Km. 105/600 0.87 24 + DLP
Bridge at Ajivali at (Approx) 24 Months
c)Widening to Four Laning 4 Maharashtra Km.109/150 to 58.29 24 + DLP
from Palaspe to Kalamboli 115/800 (Approx) 24 Months
d) Vehicular Underpass at 3.44 24 + DLP
Km.114/500
KhandaColonyin (Approx) 24 Months
e) Construction of Flyover at
Ch. 116/500 to 61.37 24 + DLP
Kalamboli Steel Yard
Ch. 117/ 230 (Approx) 24 Months
Junction
Total Cost of Construction work 197.08
2. 24 months (6 months pretender activity & 18 months construction period) +
Period of Contract
24 Months DLP Period.
3. Rs.10,000/- (Tender Documents can only be downloaded from
Cost of Blank Tender
mahatenders.gov.in)
4. The proposal shall remain valid for a period 120 days from the last date of
Bid Activity
submission
5. The EMD is Rs.10/- Lacs- Earnest Money Deposit is to be deposited on
Bid Security
online payment gateway.
6. Performance Security Rs.20 Lacs in the form of BG or TDR of any nationalized bank in Mumbai
7. Eligibility Criteria forBidders -
1. The Consultants should be registered firm for last 5 (Five) years continuouslyupto 31.03.2015.
2. Consultant should have minimum average turnover of Rs3(Three) Crores per annum in last 3
years.
8. Pre Bid Conference
Pre bid meeting will be held on 27.11.2015 at 15.00 hrs., at the office of Chief Engineer, MSRDC,
BandraWorli Sea Link Project Office, Opp. Bandra Bus Depot, K.C. Marg, Bandra Reclamation,
Bandra (W), Mumbai-400050.

2. Selection of Independent Engineer (PMC) shall be as per selection procedures given in the Model
Agreement for Engineering Procurement and Construction. The selected I.E.(PMC)shall be
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intimated to the Contractor.

3. The proposal shall be submitted in English Language and all correspondence would be in the
same language.
4. Maharashtra State Road Development Corporation (Ltd.) Mumbai intends to appoint a Consultant
to act asIndependentsEngineer (PMC)forimplementation of this EPC project. As per the
Termsand Conditions of the EPC Agreement (s), the Consultantshall perform all the duties as per
TOR given in this RFP along with any amendment thereof. The selection of Consultant 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 official
www.mahatenders.gov.in w.e.f. 18.11.2015 to 14.12.2015 up to 15.00 Hrs.
6. The Applicant shall furnish as part of its Proposal, a bid security of Rs.10,00,000/- (Ten Lacs)
online payment getaway (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 correction errors in the Bidder’s bid (if any),
(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 bidders 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 should be submitted by consultancy firms in two parts. The two parts of the proposal
are Part 1: Technical Proposal and Part 2: FinancialProposal. For a given EPC Project, Stage -
1 of the Evaluation shall considerthe 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 Consultantwillbe 24 Months + DLP(24 Months) with
nominal manpower 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 partners). Formulation of more than one JV/association with different partners for the
same work is not allowed and all such proposal involving the firms shall be treated as non-
responsive. If the consultant submits bids as sole applicant and also in JV/Association with
another consultant, both bids shall be summarily rejected. No consultant shall submit more than
one bid.
10. The Applicant whether a sole applicant or lead member with joint venture(s) may include an
Associate company also. The applicant shall submit a Memorandum of Understanding (MOU)
with the Associate regarding the role and responsibilities of the Associate Company along with
the proposal. Maximum numbers of key personnel of the associate firm during the RFP Proposal
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and implementation of contract is limited to 3.

11. Consulting firms meeting the following criteria are only eligible for applying for this assignment.
Firms not meeting these criteria or not empanelled by MoRT&H as supervision consultant, need
not apply.
A) Eligibility criteria for sole applicant firm.
1. The Consultants should be registered firm for last 5 (Five) years continuously upto
31.03.2015.
2. Consultant should have minimum average turnover of Rs3(Three) Crores per annum
in last 3 years.

B) Eligibility Criteria for partners in case of JV (not more than 1 JV partners shall be allowed)
shall be as under:

The lead partner must fulfil at least 50% of requirements in para (A) above and other JV
partner should fulfil at least 30% of eligibility criteria as indicated at para (A) above. Also
the lead partner and JV partner jointly should meet the eligibility criteria as mentioned para
(A) above. Lead partner should meet the criteria para (A) above.
12. Deleted
13. 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.
14. 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.
15. 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 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.
16. Employer will be at liberty to keep the credentials submitted by the Consultants at bidding stage,
in public domain and the same may- be site. Consultants should have no objection if Employer
uploads the information pertaining to their credentials as well as of their key personnel.
17. The individual key personnel proposed in the bid by the consultants or any replacement thereof
should undertake that they shall have no objection in uploading/hoisting of their credentials by
Employer in public domain.
18. RFP submission must be received not later than on 15.12.2015 @ 15.45 hrs. in the manner
specified in the RFP document at the address given below.
Address of Employer:
Designation Executive Engineer
Maharashtra State Road Development
Address: Corporation (Ltd.)
BandraWorli Sea Link Project Office,
Opp. Bandra Bus Depot, K.C. Marg,
BandraReclamation, Bandra (W),
Mumbai-400050
Phone No.: +91-22-26517955
Fax No: +91-22-23684943
E-Mail Address [email protected]

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SECTION 2: LETTER OF INVITATION TO CONSULTANTS

1 INTRODUCTION

1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other consultant
willing to act as Consultant to submit a proposal for providing consulting services required for the
assignment named in the attached Letter of Invitation. Your proposal could form the basis for
future negotiations and ultimately a contract between your firm 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 total Period of 24 Months (6 months pretender activity &
18 months construction period) + DLP of 24 months.
1.4 This RFP is neither an agreement nor an offer by the MSRDC 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 assessmentsarrived at by the Authority
in relation to the Consultancy. Such assessments and statements do not purport to contain all the
information that each Applicant may require. The information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own
investigations about the assignment and the local conditions before submitting the proposal by
paying a visit to the Client and the project site, sending written queries to the client, before the
date and time specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the contract, including a
visit to site, are not reimbursable as a direct cost of assignmentand (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 Deleted
1.7 Deleted

1.8 Consultant have an obligation to disclose any situation of actual or potential conflict that
impacts their capacityto serve the best interest of their Client, orthan may reasonably be
perceivedas having this effect. Failure to disclose saidsituations may lead to the disqualification
of the Consultant or the termination of its Contract and/or any other action as deemed fit by the
Authority at any stage.

1.9 It is the Employer’spolicy 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) “corruptpractice”meansthe 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) “fraudulentpractice”means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
(iii) “coercivepractices”meansharming 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;

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(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded
a contract if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing, a contract; and
(d) will have the right to require that a provision be included requiring consultants to permit
theEmployer to inspect their accounts and records relating to the performance of the
contract and to have them audited by authorized representatives of employer.

1.10 Consultants, their JV partner, their Sub-Consultants, and their associates shall not be under a
declaration of ineligibility for corrupt and fraudulent practices. Furthemore, the consultants shall
be aware of the provision on fraud and. corruption stated in the specific clauses in the General
Condition of contract

1.11 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.

1.12 The Data Sheet indicateshowlong consultants proposal must remainvalidafterthe submission date.
During this period, Consultants shall maintain theavailability of Professional staff nominated in
the Proposal. The Client willmakeits best effort to complete negotiations within this period.
Should the need arise,however, the Client may request Consultants to extend the validity period of
their proposals. Consultants who agree to such extension shall confirm that theymaintain the
availability of the Professional staff nominated in the Proposal, or intheir confirmation of
extension of validity of the Proposal, Consultants couldsubmit new staff in replacement, who
would be considered in the final evaluationfor contract award.

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’saddress
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’sweb-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’swebsitewhich will be binding on them. The Client may at its
discretion extend the deadline for the submission of Proposals.

3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the formats enclosed
herewith (refer section 3, 4 and 5) in 2 separate envelopes/ packages and put together in one single
outer envelope/package. The two parts shall be:
Part 1: Technical Proposal and
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.
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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 your own risk and may result in rejection of your
proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the following:
i. The man-months for the assignment shall be that stated in the Terms of Reference. The
same shall be considered for the purpose of evaluation as well as award. In case the man
months of TOR are amended in response to clarification sought by any Consulting firm, the
man months so amended and published shall be considered for the purpose of evaluation as
well as award.

ii. The Consultants should prefer to field as many of their permanent staff as possible. A
retainer will be getting only 60% weightage. 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

v. Deleted

3.4 Your Technical Proposal must provide the following information, using but not limited to the
formats attached in the Section 3 &4.
i. A brief description of the firm’sorganisation and an outline of recent experience of
the Consultants and, in the case of Joint Venture, for each partner, on assignments of a
similar nature. The information which you shall provide on each assignment should
indicate, inter-alia, the profiles of the staff provided, duration, contract amount and firm’s
involvement.Thedetailsof 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 should include years with the firm and degree of responsibility held
in various assignments. In CV format, at summary, the individual shall declare his
qualification & total experience (in years) against the requirements specified in TOR
for the position (Ref. Enclosure-B of TOR). If any information is found incorrect, at
any stage, action including termination and debarment from future projects upto 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

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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. Deleted
e. All the CVs which are to be evaluated should be complete in all respects including
signing and certification by the individual and the firm.
f. If a CV score less than 75% marks, whatever marks it score will be carried forward for
maximum 3 nos key personnel for determining the total score of the firm. However, if
the Key Personnel does not fulfill the minimum academic qualification (as mentioned at
Enclosure-B of TOR of RFP), the overall score of his CV will be evaluated as zero. If the
Key Personnel does not fulfill the minimum qualification related to experience (as
mentioned at Enclosure-B of TOR of RFP), then zero marks will only be assigned for that
sub criteria, but the marks obtained by the CV of the Key Personnel will be carried forward
for maximum 3 nos key personnel for determining the total score of the firm. In case, a
firm is H-1, then all such Key Personnel (whose 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
st nd
remuneration of such replacements shall be 5%, 10% and 15 % for 1 replacement, 2
rd
replacement and 3 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 retired from MoRT&H/State/UT PWD may be exempted from producing the
experience certificate.
v. Deployment Schedule for each key personnel should 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 should 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 should 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’sworks.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%
st nd
and 10% for 1 replacement and 2 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.
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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 upto one years for
Employer’sconsultancy projects.
x. Any additional information.

3.5 The technical proposal must not include any financial information.

Part 2: FINANCIAL PROPOSAL

3.6 Your Financial Proposal must be strictly using the formats attached in Section 5. No additional
items/quantities other than that specified in the formats should be proposed by the Consultants
since the same shall not be considered for the evaluation/award. 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-moth wise. For calculating billing rates of
remaining items of the financial proposal, namely (i) transportation, (ii) Duty travel to site (iii)
Office Rent, (iv) office supplies communication etc (v) reports & document printing and (vi)
survey equipment etc. quoted amount of selected consultant will be converted to percentage of
civil work cost quoted by civil contractor and payment will be made in proportionate to the
financial progress of the civil work.However, for evaluation and award of the Bid proposals, the
quoted initial rate shall be multiplied by the total time input for each position on this contract. All
payments shall be made in Indian Rupees and shall be subjected to applicable Indian laws
withholding taxes if any.

3.7 The Financial Proposal should clearly identify as a separate amount, the local taxes (including
social security), duties, fees, levies and other charges imposed under the applicable law, on the
consultants, the sub-consultants, and their personnel (other than nationals or permanent residents
of the government’s country); unless the Data Sheet specifies otherwise. This cost, however, will
not be considered in evaluation.

3.8 Consultants may express the price of their services in the Indian Rupees only.

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

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
i. Detailed RFP may be downloaded from E-tendering portal ofwww.mahatender.inand 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 to be submitted in Sealed Envelop 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;

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(c) Copy of Memorandum of Understanding between JV partners, if applicable;

(d) Copy of Memorandum of Understanding with Associate, if applicable
(e) Firms credentials as per format prescribed in SECTION-3 OF RFP.
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.
(II) Cost of RFP of Rs. 10,000/- (Rupees Ten Thousand only) in favour of
through online payment gateway.

(III) Bid Security: - The EMD is Rs.10 Lacs – Earnest ?Money Deposit is to be
deposited through online payment gateway.
(IV) Application processing fee of Rs.1,054/- (Rupees one thousand fifty four only)
(non-refundable) shall be paidthrough online payment gateway.
(V) Bidders have to comply with the OM No. 13030/09/2008-Vig dated 28th January,
2013 (ref. Clause 9.1 of Section 7)
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” for“Technical Proposal” for the project for which proposal is submitted and name and
address of the Applicant. The envelope must be clearly marked “DO NOT OPEN,
EXCEPT IN THE EVALUATION COMMITTEE”Inaddition,theApplication due
date should be indicated on the right hand corner of the envelope. The original documents
should be submitted before 11:00 hours Indian Standard Time on 16.12.2015, at the below
mentioned address in the manner and form as detailed in the RFP. A receipt thereof should
be obtained from the below mentioned person.
Designation Executive Engineer
Maharashtra State Road Development
Address: Corporation (Ltd.)
BandraWorli Sea Link Project Office,
Opp. Bandra Bus Depot, K.C. Marg,
BandraReclamation, Bandra (W),
Mumbai-400050
Phone No.: +91-22-26517955
Fax No: +91-22-23684943
E-Mail Address [email protected]

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
www.mahatender.in before 15:00 hours Indian Standard Time on the Application due date
i.e. on 15.12.2015. 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 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.

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4.3 OPENING AND EVALUATION OF APPLICATIONS:

(i) Opening of Proposals will be done through online for Financial Proposal and both on-line
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 16:00 hours Indian Standard Time on 16.12.2015 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 finalised, the
Employer may notify those consultants whose proposals were not considered as per conditions of
RFP. The Employer shall simultaneously notify the shortlisted firms indicating the date and time
set for opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of representatives who choose to
attend. The name of the consultant, the technical scores, and the proposed prices shall be read
aloud and recorded when the Financial Proposals are opened. The Client shall prepare minutes of
the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial Proposals are
complete (i.e. whether they have included cost of all items of the corresponding proposals; if not,
then the cost towards such missing items will be considered as NIL, but the Consultant shall,
however, be required to carry out such obligations without any additional compensation.) and
without computational error. In case under such circumstances, if Client feels that the work cannot
be carried out within the overall cost as per the submitted financial proposal, such proposals shall
be considered non responsive.
5.7 The lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The financial
scores of other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)

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5.8 Proposals will finally be ranked according to their combined technical (ST) and financial (SF)
scores as follows:
S= STxTw+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 should 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
st
6.3 In case of 1 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 your technical proposal, the proposed
methodology (work plan), staffing. Agreement must 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 optimise 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’stax liability in the
Client’scountry,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 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’sworks.Employer shall not further consider CV
of such key personnel directly or indirectly for any of its projects for this period. The reduction in
st nd
remuneration of such replacements shall be 5% and 10% for 1 replacement and 2 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
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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 itsconstituent JV partners and Associates shall be
debarred upto one year for Employer’s consultancy projects.

6.8 Each key personnel of the preferred consultant shall be called for interview at the timeof
negotiation at the cost of the Consultant. At the time of interview, Key Personnel willbe required
to produce certificate regarding qualification and experience in support oftheir CVs for
verification and return. However, the officials retired from MoRT&H/State/UT/PWD may be
exempted from producing the experience certificate. The negotiations shall be concluded with a
review of the draft form of Contract. The Employer and the firm will finalise 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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Request for Proposal (Instruction to Bidder)

DATA SHEET

(As Mentioned in Letter of Invitation to Consultants) Sub clause No. in Letter of Invitation to
Consultants

1.1 Pre-Bid Conference shall be held at: Maharashtra State Road Development Corporation
(Ltd.),BandraWorli Sea Link Project Office, Opp. Bandra Bus Depot, K.C.Marg,
Bandra Reclamation, ?Bandra (w), Mumbai-400050, on 27.11.2015 at 15.00 hrs.

1.2 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to Pre Bid Conference. The address for requesting
clarification is:
Addressof Employer’s Representative:

Designation Executive Engineer

Maharashtra State Road Development
Address: Corporation (Ltd.)
BandraWorli Sea Link Project Office,
Opp. Bandra Bus Depot, K.C. Marg,
BandraReclamation, Bandra (W),
Mumbai-400050
Phone No.: +91-22-26517955
Fax No: +91-22-23684943
E-Mail Address [email protected]

3.1 The Language of documents and correspondence will be English.

3.2 All the personnel shall have working knowledge of English and all the reports etc shall be written
in English.
3.3 Employer shall pay only service tax. Consultant has to assess all other taxes and should inbuilt
them in their Financial Proposal. These taxes (other than service tax) should not be provided
separately. Consultants are requested to consult Tax Consultants for details.
3.4 The Consultants to state all cost in Indian Rupee only.
4. The time and date of submission: 15.12.2015 @ 15:45 hrs.

5.1 The points assigned to Technical Evaluation criteria are:

Sr.
Description Marks
No.
1 Relevant experience for the assignment 25
2 Qualifications and competence of the key staff for the assignment 75
Total 100

(i) Sub criteria for Relevant Experience of the firm for the assignment
Criteria Marks
Year of Establishment of the Firm (In case of JV year of establishment of Lead 2
Member shall be considered)
Average Annual Turnover (last 3 years) from consultancy business 2
Experience in Construction Supervision / Independent Engineer/Authority Engineer in 16
Highway Projects of length equalto 40% of project length of similar category for
which RFP invited of2/4/6**-laning or more / bridge works in last 5 years*

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Experience in DPR preparation/ Feasibility Study cum Preliminary Design Report for 5
Number of Highway Projects (of length 40% ofproject length of similar category for
which RFP invited of 2/4/6**- laning or more/Bridge Works) in last 5 years *
Total 25

In case of JV the turnover and experience details of Lead and JV partners will be added for
evaluation. Credentials of associate firm, except key personnel, if any will not be considered for
evaluation. However consultant should submit details as per section 3, separately for Lead partner
JV partner and associate.

Employer’s certificate should be submittedsubstantiating the experience claimed by the firm.

(iii) Deleted
(iv) Qualification and competence of following professional/sub-professional staff for the
assignment shall be evaluated. The weightage for various key staff are as under:-

S. Staff Position Marks in case of

No. Single Project
1 Team Leader-cum-Highway 20
Engineer
2 Resident Engineer cum pavement 15
specialist+ road safety expert
3 Sr. Contract Specialist 10
4 Senior Quantity Surveyor 10
5 Bridge/Structural Engineer 10
6 Material Engineer 10
Total 75

Sub criteria for qualification of key Personnel (i.e. Professional staff)

General qualifications 25
Adequacy for the project 70
Employment with firm 5

Total 100

The technical proposal should score at least 75 marks to be considered responsive for
financial evaluation.

6. Commencement of Assignment: The firm shall begin carrying out the services
immediately after signing of the Consultancy Agreement.

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Request for Proposal (Instruction to Bidder)

SECTION 3: FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS

The proposal should contain the following information in enclosed format attached at Appendix A.
Year of Establishment of Firm
Average annual turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet forthe last three
years. For claiming experience of Highway projects, completion certificate from employer should be
enclosed. The proposal should also contain the details of the key personnel viz. their name,
qualification, expertise area, experience and years of association with the firm.
Appendix A

The following information related to the firm should be provided in the proposal.

i. Name of the work applied for:-

ii. Year of establishment of firm *

Year of Type of Organization

Consultant Establishment Country Individual Partnership Corporation Other
Individual /
Lead Partner
(of JV)/ Minor
Partner of
JV/Associate

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

incorporation shall be submitted.

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

iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two (2) principals who may be contacted with title and telephone number/fax
number/e-mail.
vi. Financial Statement of the last three years. **
vii.
S. Particular 2012-13 2013-14 2014-15
No.
i. Annual turnover from
Consulting business
ii. Total Assets
iii. Current Assets

c) Balance Sheet/ Auditor Certificate of last 3 years shall be submitted as evidence of Annual
Turnover.
**a) The amount shall be stated in INR.

b) Deleted.

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vii. Experience as Independent Consultant/Construction supervision of Highway projects, for

EPC Projects during the last 5 years. ***
Projects Type of De sc rip - Client Total Fee %age Approx. Period
S. Na me / Year Services ti o n o f (with Fee for received by of Cost of
No So le rendered Hi g hw a y complete the Applicant total Hi g h w ay
Projec t/ address , Consul (i n case fee Project
Consultant/
Length con t act tancy of receiv
Prim e
(k ms ) person, Assign JV/Associ ed by
consultant
telephone ment ation) the
of JV / minor
Nos . and (INR) firm
consultant of
Fax N o s . )
JV/
asassociate
consultant
1 2 3 4 5 6 7 8 9
1

A . Co mpleted / Su bstantially comp let e d projects :

1.
2.

B . Projects i n progress:
1.
2.

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

preparation of 2/4/6 laning / Bridge Highway Projects for
EPC projects during the last 5 years. ***
S Pr o j ects Name T y pe of Length Client Total Fee %age of Peri od
No / S e rvices of (with Fee for received total
Ye a r Re ndered Projec t com p lete the by fee
(k ms ) add r es s, Consul Applican receive
So le
con t act tancy t d by
Consultant/
person, Assign (i n the firm
Prim e
telephone ment case of
consultant of JV
(INR) JV/Ass
/ minor consultant
Nos . a nd ociation
of JV/as associate
Fax N o s.) ) case of
consultant JV)
1 2 3 4 5 6 7 8 9

***a) Deleted
b) Only those projects, to be included in the table which are Highways Projects and for
which clients certificates from the concerned Government agencies are enclosed with
the proposal.
c) The details of bridges having length more than 200m (500m in case the project consist
of bridges of length more than 500m) in the listed projects is to be specifically
mentioned.
d) The weightage given for experience of a firm would depend on the role of the firm in
the 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
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with some other firms, weightage shall be given as perthe JV share***. However if the
applicant firm has executed the project asassociate with some other firms, 25%
weightage shall be given to the applicant firm for the projects completed under such
association.

e) For weightage of experience in any past Consultancy assignment, experience certificate

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

(ix) Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be
given in the following format.

S. Name of Client Role of the Date of Date of Present Team Members provided
No Assignment firm letter of Agreement status of by the firm
Acceptance if signed Assignment
Sole, Lead/
Other in JV
or sub- Name DOB Position
consultant
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

SECTION 4: FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.
Firm’scomments and suggestions on the Terms of Reference and on
Appendix B-2 data, services, and facilities to be provided by the Employer.
Approach paper on methodology and work plan for performing
Appendix B-3 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.

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Request for Proposal (Instruction to Bidder)

APPENDIX B-1
TECHNICAL PROPOSAL SUBMISSION FORM

FROM (Name of Firm) To: (Name and Address of Client)

____________________________ Executive Engineer
____________________________ Maharashtra State Road Development
____________________________ Corporation (Ltd.)
____________________________ BandraWorli Sea Link Project Office, Opp. Bandra
Bus Depot, K.C. Marg, BandraReclamation,
Bandra (W), Mumbai-400050

Ladies/Gentlemen:

Subject: Submission of Technical and Financial Proposal for engagementasConsultantfor the EPC
work" (a)Widening flyover near Kon Junction and Four Laning of Kon to Shedung
Km.106/700, (b) Construction of Footover Bridge at Ajivali at Km. 105/600 (c)
Widening to Four Laning from Palaspe to Kalamboli Km.109/150 to 115/800,
(d)Vehicular Underpass atKhandaColonyin Km.114/500,(e) Construction of Flyover at
Kalamboli Steel Yard Junction (Ch. 116/500 to Ch.117/230) Km.state of Maharashtra

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

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/Authorised

Representative of the firm + * Name of the firm Address

*Lead Member in case of JV

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Request for Proposal (Instruction to Bidder)

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):

1.

2.

3.

4.

….

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

1.

2.

3.

4.

….

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

(not more than six pages)

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Request for Proposal (Instruction to Bidder)

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

1. Technical/Managerial Staff
S. No. Name Position Task
1.
2
3
4
..
..

2. Support Staff

S. No. Name Position Task

1.
2
3
4
..
..

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APPENDIX B-5 :

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position: ______________________________________ Photograph

Name of Firm : _________________________________________

Name of Staff : _________________________________________

Profession : ____________________________________________

Date of Birth :

Years with Firm/Entity: ________________Nationality : _________________ Membership of

Professional Societies: _________________________________________

Detailed Task Assigned : ________________________________________________

S.No Name of Project Period Assignment Client Remark

Employer Post Held Name in the of the
Project Project
From To

Education :
[Summarise college/university and other specialised 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’sexperience 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 organisations, titlesofpositionsheld,
and locations of assignments.For experience also give types ofappropriate.Use about three-
quartersof a page.]

Languages :
[For English language indicate proficiency : excellent, good, fair, or poor; in speaking, reading, and
writing]

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

Break-up of experience
Requirements as per Possessed by the Staff
Brief Description of
TOR (Enclosure-B) Member Man-months provided
Project

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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
completingmy 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 todebar me from taking
any assignment in any of the Employer works for an appropriate period of time to be decided by the
Employer. I have no objection if my services are extended by the Employer for this work in future

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

I further undertake that if due to my inability to work on this project due to unavoidable circumstances,
due to which consultant’s firm is forced to seek unavoidable circumstances, I shall not undertake any
employment in Employer projectsduring 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 effect the work of the current assignment.

Name of Client Date of Likely Likely Total input

Assignment LOA start End of the
(Month / (Month / person
Year) Year) (man-
months)

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)

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Request for Proposal (Instruction to Bidder)

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 authorised 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.

Appointment of Consultant to Act as Independent Engineers (PMC) for the Additional Works on
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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

APPENDIX B-6:
TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

A. Activity Schedule

Sl. Name Position Monthwise Program (in form of Bar Chart)

st nd
No. [1 , 2 , etc. are months from the start of assignment]
th
1 st 2 nd 3 r 4t 5t 6 th 7 th 8 t 9 th 10 th 11 th 12 and Number
d h h h subseq of
uent Months
year

1 Subtotal
(1)
2 Subtotal
(2)
3 Subtotal
(3)
4 Subtotal
(4)
- -
- -

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

APPENDIX B-7 :
ACTIVITY (WORKS) SCHEDULE

A. Activity Schedule
Monthwise Program (in form of Bar Chart)
st nd
[1 , 2 , etc. are months from the start of
Sl. Item of Activity (Works) 1st 2n 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
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

Appointment of Consultant to Act as Independent Engineers (PMC) for the Additional Works on
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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

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/Authorised Representative of the
firm* Address

*Lead Member in case of JV

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

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

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

APPENDIX C-1 :
FINANCIAL PROPOSAL SUBMISSION FORM

FROM : (Name of Firm) TO :

Executive Engineer
Maharashtra State Road Development Corporation (Ltd.)
BandraWorli Sea Link Project Office, Opp. Bandra Bus Depot,
K.C. Marg, Bandra Reclamation, Bandra (W), Mumbai-400050
Subject: Submission of Financial Proposal for theConsultancyservices(a)Widening flyover near
Kon Junction and Four Laning of Kon to Shedung Km.106/700, (b) Construction of
Footover Bridge at Ajivali at Km. 105/600 (c) Widening to Four Laning from Palaspe
to Kalamboli Km.109/150 to 115/800, (d)Vehicular Underpass atKhandaColonyin
Km.114/500,(e) Construction of Flyover at Kalamboli Steel Yard Junction (Ch.
116/500 to Ch.117/230) Km.state of Maharashtra

We, the undersigned,offertoprovidetheconsulting services for the above inaccordance with

yourRequestforProposaldated [Date], and our proposal. Ourattached financial proposal is for the sum
of [Amount in words and figures]. This amount is exclusive of the Service tax 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/Authorised Representative of the firm*
Name of the firm Address
*Lead Member in case of JV

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

APPENDIX C-2 :

SUMMARY OF COSTS

Amount
No. Description (Rs.)
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 Services Tax Payable in India

Total Costs (Including Tax)
Service Tax Applicable (Not Consider in offer)

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

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

APPENDIX C-3 :

BREAKDOWN OF COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF

Man-month in Billing Amount

S. No. Key Personnel Construction Rate (Rs)
period (PMC)
18 month +
pre tender
activity 6
months total
24 months (Rs)
A: Key Personnel Man-month in
Maintenance/
Defect Liability
period of 24
months
1.Team Leader Cum Senior 24 24
Highway Engineer (Also to act
as Resident Engineer
2.Resident Engineer cum 24 12
Pavement Specialist+ Road
safety Expert
3.Sr. Contract Specialist 12 2
4.Senior Quantity Surveyor 24 2
5.Bridge/Structural Engineer 24 2
6.Material Engineer 24 2
Sub Total 132 44
B: Sub Professional Staff
(a) Quantity Surveyor –1Nos 24 2
(b) Survey Engineer –1Nos 24 2
(c) Lab Technician –1Nos 24 2
Sub Total 72 6

TBN = To Be Named

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Request for Proposal (Instruction to Bidder)

II. Support Staff

No. Position Name Staff Months Rate/ Amount (Rs)

1. Office Manager (1 no) TBN 24
2. Accountant cum cashier(1
24
no) TBN
3 Photocopy Machine
24
Operator(1 no) TBN
4. Computer Operator cum
24
steno(1 no) TBN
5. Office Boy (1 no) TBN 24
120 Total :

III. Transportation (Fixed rate on rental basis)

The vehicles provided by the Consultants shall include the cost for rental, drivers, operation,
maintenance, repairs, insurance, etc. for all complete approx. 3000km/month run

S. Description Qty. Total Rate Amount

No of Vehicles (No. of vehicle-month) /
During During Vehicle
Construction Maintenance / -
Period DLP Period Month
1 Innova / 24 24
Scorpio or
equivalent
Total 24 24

IV. Duty Travel to Site (Fixed Costs) :

Professional and Sub-Professional Staff
The employer may require the Key Personnel to visit the Employer’s Site/Reg.
The quoted amount should include travel fare and 20 round trip to Employer’s regional off

Complete).
V. Office Rent (Fixed Costs)–Minimum 400 sqm area of office shall be rented.
The rent cost includes electricity and water charges, maintenance, Cleaning, repairs, etc.
complete.

Amou
Nos of Months Rate/month nt
24

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Request for Proposal (Instruction to Bidder)

VI. Office Supplies, Utilities and Communication (Fixed Costs)

No Item Months MonthlyRate Amount inRs.

1. Office Supplies 24

2. Drafting Supplies 24

3. Computer Running Costs 24

4. Domestic and International 24

Communication

VII. Office Furniture and Equipment (Rental) [Fixed monthly cost]

(Brand new Furniture and Equipment shall be mandatory at the time of commencement of
services as per the list given below. The rental rate per month shall be quoted for the total list
of Office Furniture and Equipment)

S. Rate/Mont Period in Amount

Description Unit Qty.
No. h/unit (Rs.) Month (Rs.)
Office Furniture (Rental/Hire)
1 ExecutiveTable(Godrej make, each 6 (1 for each Key 24+6
model No. T-108 or Personnel)
equivalent)
2 Executive Chairs (Godrej each 6 (1 for each 24+6
make, model No. PCH-701 or Key Personnel)
equivalent)
3 Tables (Godrej make, model each 4 24+6
No. T-104 or equivalent)
4 Ordinary Chairs Type-1 each 5 24+6
(Godrej make, model No T-
CHR –6 or equivalent)
5 Tables (for all other staff) each 5 24+6
(Godrej make, model No. T-
101 or equivalent)
6 Ordinary Chairs –Type II (for each 5 24+6
all other staff) (Godrej
make, model No. CHR-6 or
equivalent
7 Steel Almirah 1270mm x each 2 24+6
765mm x 440mm (Godrej
make, model minor plain or
equivalent)
8 Visitors chairs/Conference each 3 24+6
room chairs (Godrej make,
model No. DCH7004 or
equivalent)
9 Tables for computers with each 2 24+6
3 drawers, key board/mouse
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Request for Proposal (Instruction to Bidder)

S. Rate/Mont Period in Amount

Description Unit Qty.
No. h/unit (Rs.) Month (Rs.)
pull out trays size 1664mm
x 900(Godrej make. Or
equivalent as per Engineer’s
design)
10 Printer desks (Godrej make or each 2 24+6
equivalent)
11 Side tables (Godrej make each 2 24+6
or equivalent)
12 Conference Table (Godrej each 1 24+6
make, model No. T-12 or
equivalent)
13 Revolving Chairs for each 1 24+6
Computer Room/Drawing
room
Office Equipment
(Rental/Hire)
1 Telephone with PABX each 2 24+6
facilities (2 external lines &
10 internal lines)
2 Photocopier each 1 24+6
3 Fax each 1 24+6
4 Air-Conditioner (1.5 Ton) each 3 24+6
5 Computer PC (state of the each 4 24+6
art)
6 Laser Jet Printers each 3 24+6
7 Diesel Generator 20KVA) each 1 24+6
with running Cost
8 Binding Machine each 1 24+6
9 Air Cooler (of 24”size fan each 2 24+6
with suitable pump and
shall be of either GEC,
Khaitan or Cool Home make
or equivalent)
10 Water Coolers (Voltas or each 1 24+6
equivalent)
11 Software LS LS 24+6
Total

VIII. Reports and Document Printing

No. Description No. of No. of Total Nos. Rate per Amount

Reports Copies per of copies copy
Report
1 Monthly reports 24 6
2 Quarterly Reports 8 6
3 Various others 5 6
reports as provided
in the EPC
Agreement such as
Completion Report
Total

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

IX. Survey Equipment with Survey Party and Vehicle etc complete

Nos. of Months Rate

Description /month Amount

Rental cost towards Survey Equipment 24

(GPS/Total station /Auto Level)
with semiskilled survey Party (4
persons) and one dedicated vehicle
for Survey Party (inclusive of
vehicle rental driver’salary,fuel
operation and maintenance
etc complete) with rods, flags and
other sundries

X. Contingencies
A fixed amount of Indian Rupees Five Lack shall be included in the
Financial Proposal. The provisions of Contingency shall be operated with the
specific approval form the MSRDC.

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

SECTION 6:
TERMS OF REFERENCE FOR CONSULTANT

[Note: The term “Agreement” andclauses thereof refer to the EPCAgreementdated ------
thereentered between MSRDC and --------(the Contractor) for the work of Improvement
&(a)Widening flyover near Kon Junction and Four Laning of Kon to Shedung Km.106/700, (b)
Construction of Footover Bridge at Ajivali at Km. 105/600 (c) Widening to Four Laning from
Palaspe to Kalamboli Km.109/150 to 115/800, (d)Vehicular Underpass atKhandaColonyin
Km.114/500, (e) Construction of Flyover at Kalamboli Steel Yard Junction (Ch. 116/500 to Ch.
117/230) Km.state of Maharashtra

1. Scope
1.1 These Terms of Reference(the “TOR”)for the Consultant are being specified pursuant to the EPC
Agreement dated ........... (the “Agreement”), which has be into between the
MSRDCContractor”)andforImprovement...........&(a)Widening flyover near Kon Junction
and Four Laning of Kon to Shedung Km.106/700, (b) Construction of Footover Bridge at
Ajivali at Km. 105/600 (c) Widening to Four Laning from Palaspe to Kalamboli Km.109/150
to 115/800, (d)Vehicular Underpass atKhandaColonyin Km.114/500, (e) Construction of
Flyover at KalamboliSteel Yard Junction (Ch. 116/500 to Ch. 117/230) Km.state of
Maharashtraon Engineering, Procurement, Construction(EPC) basis, and a copy of which is
annexed hereto and marked as Annex-A1 and A2 to form part of this TOR.
1.2 The TOR shall apply to pre tender activities 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 the Agreement shall apply, mutatis mutandis, to this TOR.

2.4 Consultant is defined as an Engineer to carry out pre tendering activity before Work Order and as
PMC during construction period and as an Engineer in defect liability period.

3 General
3.1 The Consultant shall discharge its consistent with the highest standards of professional integrity
and Good Industry Practice.
3.2 The Consultant 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 MSRDC
before determining.
(a) any Time Extension.
(b) Any additional cost to be paid by the MSRDC 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.
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Request for Proposal (Instruction to Bidder)

3.3 The Consultant shall submit regular periodic reports, at least once every month to the MSRDC in
respect of its duties and functions under this Agreement. Such reports shall be submitted by the
Consultant withinthe10(ten)daysofthebeginning of every month.
3.4 The Consultant 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 MSRDC prior approval accordance with the model EPC
agreement.
3.5 TheConsultant shall aid and advise the MSRDC on nay proposal for change of Scope under
Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope and nature of
Good Industry Practice, as set forth in any provision of the Agreement, the Consultant shall
specify such meaning, scope and nature of issuing a reasonedwritten statement relying on good
industry practice and authentic literature.

3.A
3.A.1. Pre Tender Activity Period
The Consultant shall give following services during pre-constructions-
1. Detailed Engineering Survey for the project including the detailed of the existing structure
and existing alignment, and proposed alignment for widening.
2. Prepare the details alignment plans of existing highway & proposed widening.
3. The geo-technical investigation & report for geo-technical as per engineering for bridges,
flyovers, RUB, included in the project. The testing of soil for design of pavement including
trial pit at 500 m c/c 3 bore for each bridge/ROB/1bore for VVP/FOB.
4. The detailed General Arrangement Drawing for bridges, flyovers & preliminary design for
the structures witch are included in the project.
5. The inventory of existing structures.
6. Details of existing Rights of Way and additional land required for the project.
7. Consultant shall prepare the detail project report as per guideline as per MoRTH.
8. Consultant Shall prepare the details estimate as per current DSR along with the drawing
required for EPC contract.
9. Consultant shall prepare Draft tender document for EPC contract as per MoRTH guideline
& shall prepare all necessary schedule and document required for EPC contract.
10. The Consultant shall prepare design criteria for bridge/flyovers/ROB.
11. Consultant shall assist MSRDC in evaluation of bid received & shall assist MSRDC for
reply of queries raised by contractors during pre-tender stage.
12. Any other activities required for bidding purpose of the project as directed by Executive
Engineer.
13. Consultant shall assist for identify & removal of utility services if any in project length.

4 Construction Period
4.1 During the Construction Period, the Consultant 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 accordancewith the provisions of
EPC Agreement. The Consultant shall complete such review and send its observations to the
MSRDC and the Contractorwithin 15 (fifteen) days of receipt of such Drawings; provided,
however that in case of a Major Bridge or Structure, the aforesaid period of 15 (fifteen) days may
be extended upto 30 (thirty) days. In particular, such comments shall specify the conformity or
otherwise of such Drawings with the Scope of the Project and Specifications and Standards.
4.2 The Consultant shall review anyrevisedDrawingssentto it by the Contractor and furnish its
comments within 10 (ten) days of receiving such Drawings. The review of drawing should be
authenticated by Consultant.
4.3 The Consultantshallreviewsubmittedby the Quality Assurance Plan submitted by the Contractor

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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

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 Consultant shall complete e the 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 Consultant shall grant written approval to the Contractor,wherenecessary,for interruption and
diversion of the flow of traffic in the existing lane(s) of the Project Highway with the consent of
MSRDC.
4.6 The Consultant shall review themonthly 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 Consultant shall inspect the ConstructionWorksandtheProjectHighway 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,
theConsultantshallincludeinitsInspectionReport, the compliance of the recommendations made by
the Safety Consultant.
4.8 The Consultantshallconductreviewtheof reports and standard samples of manufactured Materials,
and such other Materials as the Consultantmayrequire.
4.9 For determining that the Works conform to Specification and standard, the Consultantshall
require the Contractor to carry out, or cause to be carried out, tests at such time and frequency and
in such manner as specified in the Agreement and in accordance with Good Industry Practice for
quality assurance. For purposes of this the tests specified in the IRC Special Publication-11
(Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for
Road and Bridge Works issued by MORT&H (the “Quality Control Manuals”) or thereof shall be
deemed to be tests conforming to Good Industry Practice for quality assurance.

4.10 The Consultant shall test check at least 70 (Seventy) present of the quantities 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 and the criteria for acceptance/rejection of their results shall be
determined by the Consultant 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.
4.12 In the event that results of any tests conducted establish any Defects or deficiencies in the works,
the ConsultantshallrequiretheContractortocarryout remedial measures.
4.13 The Consultant 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
EPC Agreement shall apply.
4.14 In the event that the Contractor fails to achieve any of the Project Milestones, the Consultant shall
undertake a review of the progress of construction and identify potential delays, if any. If
theConsultantshall determine that completion of the Project Highway is not feasible within the
time specified in the Agreement, it shall require the Contractor to indicte within 15 (fifteen) days
the steps proposed to be take to expedite progress, and the period within which the Project
Completion Date shall be achieved. Upon receipt of a report fromtheContractor, the Consultant
shallreviewthe same and send its comments to the Authority and the Contractor forthwith.
4.15 The Consultant shall obtain from the Constructor a copy of all the Contractor’s quality control
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Maharashtra State Road Development Corporation (Ltd.) Bid Document
Request for Proposal (Instruction to Bidder)

records and documents before the Completion Certificate is issued pursuant to EPC Agreement.
4.16 Consultant may recommend to the MSRDC 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 Authorityremedial measures forthwith and make a report to the MSRDC
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 Consultant to inspect such works,theConsultantshall
inspect the suspended works within 3 (there) 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 Consultant 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 and all matters incidental thereto, the Consultant shall act under and in
accordance with provisions of Article 12 and Schedule-K.

5 Maintenance Period

5.1 The Consultant 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 Consultant shall undertake regular inspections, at least once every month to evaluate
compliance with the Maintenance Requirements and submit a Maintenance Inspection Report to
the MSRDC and the Contractor.
5.3 The Consultant 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 the Consultant 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 Consultant shall examine the request of the Contractorexamineforclosure of any lane(s) of the
Project Highway for undertakings maintenance/repair thereof, and shall grant permission with
approved from MSRDC 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
Consultant shall monitor the reopening of such lane(s), and in case of delay, determine the
Damages payable by the Contractor to the MSRDCunder EPC Agreement.

6 Determination of costs and time

6.1 The Consultant shall determine the costs, and/or their reasonableness, that are required to be
determined by it under the Agreement.

6.2 The Consultant shall determine the period of Time Extension that is required to be determined by
it under the Agreement.

6.3 The Consultant shall consult each Party in every case of determination in accordance with the
provisions of EPC Agreement.
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Request for Proposal (Instruction to Bidder)

7 Payments
7.1 The Consultant shall withhold payments for the affected works for which the Contractor fails to
revise and resubmit the Drawings to the Consultant in accordance with the provision of EPC
Agreement.
7.2 Consultant shall
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
determine the amount due to the Contractor and recommend the release of 90 (ninety)
percentof 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 deliver to the
MSRDC and the Contractor an Interim Payment Certificate certifying the amount due and
payable to the Contractor, after adjustments in accordance with the provisions of EPC
Agreement.

7.3 The Consultant shall, within 15 (fifteen) days of receipt of the Monthly Maintenance
Statement from the Contractor pursuant to EPC Agreement, verify the Contractor’s monthly state
to the Contractor in accordance with the provisions of the Agreement.
7.4 The Consultant shall certify final payment with 30 days of the receipt of the final payment
statement of Maintenance in accordance with the provisions of EPC Agreement.

8 Other duties and functions

The Consultant 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
Consultant to the Contractor pursuant to this TOR, and a copy of all test results with comments of
the Consultant in thereon, shall be furnished by the Consultant to the MSRDC forthwith.
9.2 The Consultant shall retain at least one copy each of all Drawings and Documents received by it,
including ‘as - built’ Drawings and keep them if safe custody.

9.3 Within 90 (ninety) days of the Project Completion Date, the Consultant shall obtain a complete set
of as built Drawings in 2 (two) hard copies and in micro film formor in such other medium as may
be acceptable to the MSRDC, 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 Consultant, if called upon by the MSRDC 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 Consultant shallinformtheAuthorityandtheContractor of any event

ofContractor’sDefaultwithin one week of its occurrence.

10. PERFORMANCE CLAUSE

Consultant shall be expected to fully comply with all the provisions of the ‘Terms of
Reference’,andshallbe fully responsible for supervising the Designs, Construction and
maintenance and operation of the facility takes place in accordancewith the provisions of the EPC
Agreement and other schedules. Any failure

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oftheConsultantinnotifyingtoEmployerandtheContractoronnon-complianceoftheprovisionsofthe
EPC Contract Agreementandotherschedules bytheEPCContractor,non-adherenceto the provision
of ToR and non-adherence to the time schedule prescribed under ToR shall amount to non-
performance.

The Consultant shall appoint its authorized representative, who shall issue on behalf of the
Consultant, 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 Consultant
shall take prior approval of Employer before issuingProvisional Completion
CertificationandCompletion Certificate. Theproposalsubmitted shall also include thename of the
authorized representative alongwith 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 below:

i. Team Leader Cum Senior Highway Engineer

ii. Resident Engineer cum Pavement Specialist+ Road safety Expert
iii. Sr. Contract Specialist
iv. Senior Quantity Surveyor
v. Bridge/Structural Engineer
vi. Material Engineer
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’sof the personals mentioned in Para 5.3 (iii) of Data
Sheet shall be evaluated at the time of evaluation of technical proposal. The age of the Key
Personnel should not be morethan 65 years on the date of submission of proposal.
Consultants are advised intheir own interest to frame the technical proposal in an objective
manner as far as possible so that these could be properly assessed in respect of points to be given
as part of evaluation criteria. The bio-data of the key personnel should be signed on every sheet by
the personnel concerned and the last sheet of each bio-data should also be signed by the
authorised signatory for the Consultant. The key personnel shall also certify at the end of their
bio-data proforma that they have not 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 anConsultantwill be in phases as per Contract Agreement.
12.1.1 The appointment of the consultant shall initially be as per details given below.
Construction
Previous Action Maintenance/DLP
Period of service period
6 Months Period (in months)
(in months)
Construction period 18 6 18 24
months

The proposed manpower deployment for this period shall be matching the activities to be
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performed during the said period. The time frame for services during the deployment of key
personnel during this period shall be as shown inEnclosure A.

13. PERFORMANCE SECURITY

The successful consulting firm shall have to submit a Bank Guarantee (BG) for an amount of 20
lakhs 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 Nationalised Bank. In the case of a Foreign Bank (issued by a
Branch in India) the networth in respect of Indian operations shall only be taken into account. In
case of Foreign Bank, the BG issued by Foreign Bank should be counter guaranteed by any
Nationalised Bank in India. In case of JV, the BG shall be furnished on behalf of the JV and not
individually by the members.

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Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF
CONSULTNANT
Man-month in Billing Amount
S. No. Key Personnel Construction Rate (Rs)
period (PMC)
18 month +
pre tender
activity 6
months total
24 months (Rs)
A: Key Personnel Man-month in
Maintenance/
Defect Liability
period of 24
months
1.Team Leader Cum Senior 24 24
Highway Engineer (Also to act
as Resident Engineer
2.Resident Engineer cum 24 12
Pavement Specialist+ Road
safety Expert
3.Sr. Contract Specialist 12 2
4.Senior Quantity Surveyor 24 2
5.Bridge/Structural Engineer 24 2
6.Material Engineer 24 2
Sub Total 132 44
B: Sub Professional Staff
(a) Quantity Surveyor –1Nos 24 2
(b) Survey Engineer –1Nos 24 2
(c) Lab Technician –1Nos 24 2
Sub Total 72 6

II. Support Staff

No. Position Name Staff Months Rate/ Amount (Rs)
1. Office Manager (1 no) TBN 24
2. Accountant cum cashier(1
24
no) TBN
3 Photocopy Machine
24
Operator(1 no) TBN
4. Computer Operator cum
24
steno(1 no) TBN
5. Office Boy (1 no) TBN 24
120 Total :
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.

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QUALIFICATION OF KEY PERSONNEL

TEAM LEADER CUM SENIOR HIGHWAY ENGINEER (Full Time)
Duties: The Team Leader will reside at project site on a full time basis throughout the period of
theconstruction supervision services. He will be overall in-charge of the project supervision of the
construction package. 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 package. He will guide, monitor, supervise and control all the activities
related to supervision for the construction package. He will interact with the Project Director and
the other officials of the Authority.

He should 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 5 years experience as Team Leader/Resident Engineer/Project Manager or similar
capacity in Highway project.
(d) He should have handled as Team Leader/Resident Engineer/Project Manager or similar
capacity of at least two projects in Construction Supervision of Highways.
(e) He should have handled as Team Leader or similar capacity of at least one Projects of
project

(f) Preparation of major highway Project of two/ four- laning.

(g) Not more than 65 years of age.

(2) Preferential Qualifications.

(a) Post Graduate Degree in Construction Management/Highway Engineering.
(b) Supervised Highway Construction projects with flexible pavements.

Note: (1) Similar Capacity includes the following positions

i. On behalf of Consultant :Team Leader / Resident Engineer

(ConstructionSupervision/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(d) and 1(e) above, where the
input of the personnel is at least one year.

RESIDENT ENGINEER CUM PAVEMENT SPECIALIST+ ROAD SAFETY EXPERT (Full

Time) Duties: He shall be the in-charge of the construction supervision of project stretch and
shallcoordinate with all other experts of the construction projects and shall report to the Team Leader and
officers of PIU 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, bituminous 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 support staff attached with the Highway Engineer to ensure
that the construction process is well controlledas per established specification controls to avoid later
quality control stage problems. In respect of other experts like Material Engineer, Quantity Surveyor, etc.,
he shall be coordinating and regulating their activities to ensure smooth functioning of the Construction
Package concerned. He should have adequate experience in large quantity of earthwork. He will be
required to be fielded throughout the Currency of the project. The candidate is expected to be thoroughly
familiar with various standards/specifications, contract procedures, design and quality control etc. In
addition he will be responsible for ensuring road safety during construction and maintenance period of the
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project,

He should have the following qualification / experience.

(1) Essential Qualifications.
(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 12 years in supervision of Highway Projects.
(c) Atleast 8 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.
(b) Should have handled at least 2 Highway projects of about 20-25 km each.
(c) Not more than 65 years of age.
(2) Preferential Qualifications.
(a) Post Graduate Degree in Transportation/Pavement Engineering.
(b) Experience of Construction Supervision on Highway Project.

SENIOR CONTRACT SPECIALIST

Duties: He will be deployed in working season in stages for cumulative duration of periodmentioned 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 consultants 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.
(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.
(b) 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.
(c) Handled Arbitration cases in respect of any Highway project.
(d) 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.

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BRIDGE & STRUCTURAL ENGINEER (Estimated for 26 months)

Duties: His duties will involve understanding the design provisions of both bridges/ROBs/flyoversand
culverts, guiding and checking of reinforcement/cable laying operations, 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 w to effectively Control the quality of execution.
He will be responsible for minor modifications in design of bridges/culverts, whenever required
during execution.

He should 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 standards, technical specifications and statistical Quality
Control/Assurance procedures for 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 Engineering.

(b) Experience as a Bridge Engineer abroad.

MATERIAL ENGINEER (Estimated about 33 months)

Duties: He will be responsible for supervising all the tests to be done in different stages ofconstruction,
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 required.

He should have the following qualification / experience.

(1) Essential Qualifications.

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

(b) Professional Experience of 12 years in construction of Highways / Roads / Airfield Runways
(c) Experience of 5 years in similar capacity in Construction / Construction Supervision of
Highwayprojects.
(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 equipments.
(f) Not more than 65 years of age.

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2) Preferential Qualifications.
(a) Post Graduate Degree in Geo-Technical Engineering/Soil Mechanics and Foundation
Engineering.
(b) Abroad experience as Material Engineer in Highway Construction projects.

SENIOR QUANTITY SURVEYOR (Estimated for 15 months)

Duties: He will be reporting to the Team Leader and give input as and when required during thework. 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 approved 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.

He should 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 should have handled as Quantity Surveyor in atleast 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/Engineering/certificate course in
management/ certificate course in construction management/certificate course in contract
management.

SUB PROFESSIONAL (To be evaluated for their suitability by Employer’s Representative, before
deployment)
A. Quantity Surveyor
Duties: He will be reporting to the Resident Engineer in day to day working. He willalso work
under the guidance of the Sr.Quantity Surveyor, and shall abide by the
directions/procedures/formats of reporting and approvals settled by the Sr. 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 reporting 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 prepare the progress
reports as per the project requirements. For the purpose, he will be required to get the levels and
quantity measurements checked in all items of works executed in different stages for calculations
required for payment purpose. He will be required throughout the currency of the project.

Qualification and experience: The candidate should be a graduate in CivilEngineering with

relevant experience in the field of estimating, preparation and processing of the invoices,
analysing rates, checking survey details etc. of the projects. He should have about 8 years of
relevant professional experience involving resource planning and scheduling, quantity survey,
cost control, contract management etc. Diploma holders with longer relevant experience of about
12 years could also be considered. He must have worked as Quantity Surveyors for at least 4
years in any National/State Highway Projects. He should not be more than 60 years of age.
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B. Survey Engineer
Duties: Checking layout of centerline, layout of curves, levels and profiles, etc. will behis 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 and Experience: He should be a graduate civil engineer with 3 years forBE Civil
& 6 years for Diploma holder. Survey Engineer should be conversant with modem survey
equipment, total stations, auto level, digital level etc. He should have worked in at least one major
highway project. He should not be more than 60 years of age.
C. Lab Technicians:
They should be at least Diploma-holders with about 5to 6 years of experience in handling the
quality control tests laboratories for road/bridge works or Graduates in Science with about 1 to 2
years of relevant experience in the field of testing of road/bridge 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 particularsof the
Project.

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CONTRACT FOR CONSULTANT’SRVICESSE

Between

THE MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION (LTD.),

BandraWorli Sea Link Porject Office, Opp. Bandra Bus Depot, K. C. Marg,
BandraReclamation,Bandra (w), Mumbai-400050

And

(Name of Consultant)

Dated:

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CONTENTS
Page No.
I FORM OF CONTRACT
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 and Affiliates not to engage in certain activities
3.2.4 Prohibition of Conflicting Activities
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
3.8 Reporting Obligations
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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 Expenditure
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

9.Integrity Pact
9.1 Draft Integrity Pact

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 : 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)
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Appendix-N : Form of Bank Guarantee for Bid Security

Appendix-O : Draft Integrity Pact Format
V ANNEXURES

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FORM OF CONTRACT

COMPLEX TIME BASED ASSIGNMENTS

This CONTRACT (hereinafter called the “Contract”) made the_________day of theMonth

of_______,20___, between, on the one hand Vice Chairman and Managing Director,The Maharashtra
State Road Development Corporation (Ltd.), BandraWorli Sea Link Project Office, Opp. Bandra Bus
Depot, K. C.Marg, BandraReclamation,Bandra (w), Mumbai-400050….. (hereinafter called the “Client)
and, on the otherhand,____________________________ ….. (hereinafter called the “Consultants”)

[Note* : If the Consultants consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafterntcalled the client”) and on theotherhand,ajointventure consisting ofthe
following entities, each of which will be jointly severally liable to the Client for all the Consultat
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 (hereinaftercalled 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) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices :

[Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next
to the title of the Appendix on the sheet attached heretocarrying 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
Appendix-O : Draft Integrity Pact Agreement

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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

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

(b) The Client shall make payments to the Consultants in accordance with the Provisions of the
Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

FOR AND ON BEHALF OF

THE MAHARASHTRA STATE ROAD
DEVELOPMENT CORPORATION LTD.

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 should 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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GENERAL CONDITIONS OF CONTRACT

1. General Provisions

Unless the context otherwise requires, the following terms whenever used in this Contract have the
following meanings:
(a) “ApplicableLaw”means the laws and any other instruments having the force of law in the
Government’scountry [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) “Contractmeansthe Contract signed by the Parties, to which these General Conditions of
Contract are attached, together with all the documents listed in Clause 1 of such signed
Contract;
(c) “Effective Date’means the date on which this Contract comes into force and effect pursuant to
Clause GC 2.1;
(d) ‘foreigncurrency’mans any currency other than the currency of the Government;

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

(f) “Government”means the Maharashtra Government.
(g) ‘Local currency’meansthe Indian Rupees;
(h) “Consultant”wherever mentioned in this Contract Agreement means the Consultantandincludes
sub-consultants or Associates engaged by the primary consultant.
(i) “Member”,incase 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’meansthe Client or the Consultants, as the case may be, and Parties means both of them;
(k) “Personnel”meanspersons 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’sCountry,“Local Person means such persons who at the time of being
so hired had their domicile insidetheGovernment’sCountry; and ‘keypersonnel’meansthe
personnel referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General Conditions of Contract
may be amended or supplemented;
(m) “Services" means the work to be performed by the Consultants pursuant to his contract, as
described in Appendix A hereto. The scope of work will be strictly as given in various Clauses
in TOR.The approach and methodology to be adoptedby the Consultant for carryingoutthe
assignment asConsultantmaybe modified depending on thesiterequirementsandwork
programme oftheEPC Contractor after mutual discussions with Employer,the EPC
Contractor andtheConsultant. The work plan as indicated by the Consultant may be modified
accordingly to the site requirements.

(n) "Sub-consultant and or Associates" means any entity to which the Consultant Sub
contract 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.

(p) Consultant means as an Engineer to carry out pre tendering activity before Work Order and as
PMC during construction period and as an Engineer in defect liability period.

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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 of this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract
shall be in writing. Any such notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representativeof 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. Service
tax as applicable shall be paid to the consultant while making payment for services rendered. The
consultants shall then deposit the same with the tax authorities and provide a proof of having done
so within next 90 days in line with policy circulars issued by Employer.

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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 isbeyond 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 hereunder.
2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a
breach of, or default under, this Contract insofar as such inability arises from an event of Force
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Majeure, provided that the Party affected by such an event has taken all reasonable precautions,
due care" and reasonable alternative measures, all with the objective of carrying out the terms and
conditions of this Contract.

2.7.3 Measures to be Taken:

(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove
such Party's inability to fulfill its obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any event not later than fourteen (14) days following the occurrence
of such event, providing evidence of the nature and cause of such event, and shall similarly
give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take allreasonable measurestominimizetheconsequences of any

event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or task,
shall be extended for a period equal to the time during which such Party was unable to perform
such action as a result of Force Majeure.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably and
necessarily incurred by them during such period for the purposes of the Services and in
reactivating the Services after the end of such period.

2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure,
have become unable to perform a material portion of the Services, the Parties shall consult with
each other with a view to agreeing on appropriate measures to be taken in the circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure
within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of
suspension.

2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30) days' written notice of termination to the Consultants
(except in the event listed in paragraph (f) below, for which there shall be a written notice of not
less than sixty (60) days), such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (h) of this Clause GC 2.9.1, terminate this Contract.

(a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder,
as specified in a notice of suspension pursuant to Clause GC 2.8 hereinabove, within thirty
(30) days of receipt of such notice of suspension or within such further period as the Client
may have subsequently approved in writing;
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(b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of
their Members becomes) insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GC 8 hereof;

(d) if the Consultants submit to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the Consultants know to be false;

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

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

(g) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. For the purpose of this clause:

"corrupt practice" means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution.

"fraudulent practice" means a misrepresentation of facts in order to influence a selection

process or the execution of a contract to the detriment of the Borrower, and includes
collusive practice among consultants (prior to or after submission of proposals) designed to
establish prices at artificial non-competitive levels and to deprive the Borrower of the
benefits of free and open competition.

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

2.9.2 By the Consultants

The Consultants may, by not less than thirty (30) days' written notice to the Client, such notice to
be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this
Clause GC 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and not
subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving
written notice from the Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Consultants
may have subsequently approved in writing) following the receipt by the Client of the
Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material portion
of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GC 8 hereof.

2.9.3. Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the
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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 make every reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultants and equipment and materials furnished by the
Client, the Consultants shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10
hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client
shall make the following payments to the Consultants (after offsetting against these payments any
amount that may be due from the Consultant to the Client}:

(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to
the effective date of termination;

(b) reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures actually

incurred prior to the effective date of termination; and

(c) except in the case of termination pursuant to paragraphs (a) through (d) of Clause GC 2.9.1
hereof, reimbursement of any reasonable cost incident to the prompt and orderly
termination of the Contract including the cost of the return travel of the Consultants'
personnel and their eligible dependents.

2.9.6. Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC
2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after
receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to
Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.

3. Obligation of the Consultants

3.1 General
3.1.1. Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional techniques
and practices, and shall observe sound management practices, and employ appropriate advanced
technology and safe and effective equipment, machinery, materials and methods" The Consultants
shall always" act, in respect of any matter relating to this Contract or to the Services, as faithful
advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests
in any dealings with Sub-consultants or Third Parties.
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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 orAssociates, as well as the Personnel
of the Consultants and any Sub- consultants and or Associates, comply with the Applicable Law.
The Client shall advise the Consultants in writing of relevant local customs and the Consultants
shall, after such notifications, respect such customs.

3.2 Conflict of Interests

3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

The Remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and, subject to
Clause GC 3.2.2 hereof, the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this Contract or
to the Services or in the discharge of their obligations hereunder, and the Consultants shall use
their best efforts to ensure that any Sub- consultants and or Associates, as well as the Personnel
and agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client on the
procurement of goods, works or services, the Consultants shall comply withany applicable
procurement guidelines of the Client(Employer)andor Associates Bank or of the Association,
as the case may be, andother 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.
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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.

3.7 Consultants' Actions Requiring Client's Prior Approval

The Consultants shall obtain the Client's prior approval in writing before taking any of the
following actions:

(a) appointing such members of the Personnel as are listed in Appendix C ("Consultants' Sub-
consultants' Key Personnel") merely by title but not by name;
(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-consultant and the terms and conditions of the
subcontract shall have been approved in writing by the Client prior to the execution of the
subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the
Services by the Sub- consultant and its Personnel pursuant to this Contract; and
(c) any other action that may be specified in the SC

3.8 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in Appendix B
hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.9 Documents Prepared by the Consultants to Be the Property of the Client

All plans, drawings, specifications, designs, reports, other documents and software prepared by
the Consultants for the Client under this Contract shall become and remain the property of the
Client, and the Consultants shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the Client, together with a detailed inventory thereof. The
Consultants may retain a copy of such documents and software. Restrictions about the future use
of these documents and software, if any, shall be specified in the SC.

3.10 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the Client, or purchased by the
Consultants with funds provided by the Client, shall be the property of the Client and shall be

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marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make
available to the Client an inventory of such equipment and materials and shall dispose of- such
equipment and materials in accordance with the Client's instructions. While in possession of such
equipment and materials, the Consultants, unless otherwise instructed by the Client in writing,
shall insure them at the expense of the Client in an amount equal to their full replacement value.

4. Consultants' Personnel and Sub-consultants and or Associates

4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel and Sub-
consultants as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and estimated periods of
engagement in the carrying out of the Services of each of the Consultants' Key Personnel
are described in Appendix C. If any of the Key Personnel has already been approved by the
clients his/her name is listed as well.

(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof, adjustments with
respect to the estimated periods "of engagement of Key Personnel set forth in Appendix C
may be made by the Consultants by written notice to the Client, provided (i) that such
adjustments shall not alter the originally estimated period of engagement of any individual
by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such
adjustments shall not cause payments under this Contract to exceed the ceilings set forth in
Clause GC 6.1(b) of this Contract. Any other such adjustments shall only be made with the
Client's written approval.

(c) If additional work is required beyond 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 bedeemed 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

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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 Consultantsshall forthwith provide as areplacement aperson
ofequivalentorbetter qualifications.

(b) If theClient(i) finds that any of thePersonnelhascommittedserious misconduct or has been

charged with having committed a criminalaction, or (ii) has reasonable cause to be dissatisfied
with the performanceof any of the Personnel, then the Consultants shall, at the Client's
writtenrequestspecifying thegrounds therefore,forthwithprovide asareplacement apersonwith
qualifications and experience acceptable to theClient.

(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 reimbursableexpenditures (including
expenditures due to thenumberof eligibledependents) the Consultants may wish to claim as
aresult ofsuch replacement, shall be subject to the prior written approval bythe Client. Except as
the Client may otherwise agree, (i) the Consultants shallbear all additional traveland other costs
arising out of or incidental toany removal and/or replacement, and(ii) the remuneration to be
paid toany of the Key Personnel provided as a replacement shall be 90% of theremuneration
which would have beenpayable to the Key Personnelreplaced. However,forthe reasonother
than death/extreme medicalground, (i) for total replacement upto 33% of key personnel,
remuneration shall be reduced by 20% (ii) for total replacement upto between 33% to 50%,
remuneration shall be reduced by 25% and (iii) for total replacement upto between 50% to 66%,
remuneration shall be reduced by 30% (iv) For total replacements beyond 66% of the key
personnel the client shall initiate action of higher penalty/termination/debarment upto 2 years as
considered appropriate.

(d) In order to prevent the tendency of the personnel and consulting firm to submit incorrect and
inflated CV, they should sign every page of CV before submission in order to authenticate that
CV furnished by them is correct. The consulting firm and the personnel through consulting firm
should be informed by 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’sworks 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

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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 documents as shall be
necessary to enable the Consultants, Sub- consultants or Personnel to perform the Services;

(b) Deleted

(c) Deleted

(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) Deleted

(f) Deleted

(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

The Client warrants that the Consultants shall have, free of charge, unimpeded access to all land
in the Government's country in respect of which access is required for the performance of the
Services. The Client will be responsible for any damage to such land or any property thereon
resulting from such access and will indemnify the Consultants and each of the Personnel in
respect of liability for any such damage, unless such damage is caused by the default or
negligence of the Consultants or any Sub-consultant or the Personnel of either of them.

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 inAppendix 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
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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 shall be 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 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 bearing advance payment as
specified in the SC, and as otherwise set forth below. The advance payment will be due
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after provision by the Consultants to the Client of a bank guarantee by a bank acceptable
to the Client in an amount(or amounts) and in a currency( or currencies) specified in
theSC, 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. Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultants, the Clientmay 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
excess of the amounts actually payable in accordance with the provisions of this Contract
shall be reimbursed by the Consultants to the Client within thirty, (30) days after receipt by
the Consultants of notice thereof. Any such claim by the Client for reimbursement must be
made within twelve (12) calendar months after receipt by the Client of a final report and a
final statement approved by the Client in accordance with the above.

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

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

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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

Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be
settled amicably within thirty (30) days after receipt by one Party of the other Party's request for
such amicable settlement may be submitted by either Party for settlement in accordance with the
provisions specified in the SC.
9. Integrity Pact

9.1 Draft Integrity Pact Format

The Bidder has to execute on plain paper and submit alongwith Technical Proposal in compliance
to MSRDC OM No. 13030/09/2008-Vig. dated 28.01.2013. Draft Integrity Pact format is
asspecified in Appendix-O.

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III SPECIAL CONDITIONS OF CONTRACT

GC Clause
A. Amendments of, and Supplements to, Clauses in the GeneralConditions of Contract

1.1(a) The words’’intheGovernment’scountry” are amended to read inINDIA”

1.4 The language is: English
1.6.1 The addresses are:

Client: Address of Employer

Attention: Executive Engineer
Maharashtra State Road Development
Corporation (Ltd.)BnadraWorli Sea Link
Project Office, Opp. Bandra Bus Depot,
K.C.Marg, BandraReclamation, Bandra
(W), Mumbai-400050
Phone No.: +91-22-26517955
Fax No: +91-22- 23684943
E-Mail Address : [email protected]

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 Deleted

(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 should be inserted here. If the Consultants consist of one
entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorised Representative are:
For the Client:
Executive Engineer
Maharashtra State Road Development
Corporation (Ltd.)

For the Consultants: ____________________________

1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies and
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other impositions levied under the existing, amended or enacted laws during life of this contract
and the client shall perform such duties in regard to the deduction of such tax as may be lawfully
imposed.

2.1 The effectiveness conditions are the following:

i) Approval of the Contract by the client

2.2 The time period shall be four months or such other time period as the parties may agree in writing.
2.3 The time period shall be one month or such other time period as the Parties may agree in writing.
2.4 The time period shall be 24 Months (6 months pretender activity & 18 months construction
period).
3.4 Limitation of the Consultants' Liability towards the Client
(a) Except in case ofgross negligenceor willful misconduct on the partof the
Consultantsor on the partof any person or firm acting onbehalf 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’snegligence
intheperformanceof its duties under this agreement, (A) For the amount not exceeding
total payments for Professional Fees and Reimbursable Expenditures made or
expected to be made to the Consultants hereunder OR (B) the proceeds, the
Consultants may be entitled to receive from any insurance maintained by the
Consultants to cover such a liability, whichever of (A) or (B) is higher.
iii) The policy should be issued only from an Insurance Company operating in India.
iv) The policy must clearly indicate the limit of indemnity in terms of “Any One
Accident”(AOA)and “Aggregatelimitonthe policy period”(AOP)and in no case
should be for an amount less than stated in the contract.
v) If the Consultant enters into an agreement with Employer in a joint venture or
‘inassociation’,thepolicymust 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 the 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
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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) Insurance against loss of or damage to (i) equipment purchased in whole orin part with
funds provided under this Contract, (ii) the Consultants'property used in the
performance of the Services, and (iii) any documentsprepared by the Consultants in the
performance of the Services.

3.7(c) The other actions are

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

3.9 The Consultants shall not use these documents for purposes unrelated to this Contract without the
prior written approval of the Client.

4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix C shall serve in
that capacity, as specified in Clause GC 4.6."

6.1(b) The amount payable Indian Rupee is : ________________________________

6.2 (a) "Payments for remuneration made in accordance with Clause GC 6:2(a) in shall beadjusted 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-moth wise. For calculating billing rates of remaining items of the financial
proposal, namely (i) transportation, (ii) Duty travel to site (iii) Office Rent, (iv) office
supplies communication etc (v) reports & document printing and (vi) survey equipment etc.
quoted amount of selected consultant will be converted to percentage of civil work cost
quoted by civil contractor and payment will be made in proportionate to the financial
th
progress of the civil work. Beginning 19 months from the last date of submission of bid,
billing rates shall be increased for the remuneration part only @ 8% every 18 months.
However, for evaluation and award of the Bid proposals, the quoted initial rate (as
applicable for first 18 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.
(ii) Remuneration paid pursuant to the rates set forth in Appendix G shall be adjusted every
th
eighteen (18) months (and, the first time, with effect for the remuneration earned in the 19
calendar month after the last date of submission of bid) by 8% every 18 month for
personnel.

Notwithstandingany other provisions in the agreementinthis regard,this provision

willprevail and over ride any other provisiontothe contraryin this agreement.

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
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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 the interest bearing advance paymentand the
advance payment guarantee:

1) An advance payment. of 10% of the contract price in proportion to thequoted

Indian 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 the advance
payment.

3) Interest rate shall be 10% per annum (on outstanding amount).

6.4(c) The interest rate is 10 % per annum.

6.4(e) The accounts are:

[Note: Insert account number, type of account and name and address of the Bank]

8.2 Disputes shall be settled by arbitration in accordance with the following provisions:

8.2.1 Selection of Arbitrators

Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration
panel composed of three arbitrators, in accordance with the following provisions:

(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to
appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator or
within thirty (30) days after receipt by the other Party of the proposal of a name for such an
appointment by the Party who initiated the proceedings, either Party may apply to the
President, Indian RoadsCongress, New Delhi, for a list of not fewer than five nominees and,
on receipt of such list, the Parties shall alternately strike names there from, and the last
remaining nominee on the list shall be the sole arbitrator for the matter in dispute. If the last
remaining nominee has not been determined in this manner within sixty (60) days of the
date of the list, the President, Indian Roads Congress, New Delhi, shall appoint, upon the
request of either Party and from such list or otherwise, a sole arbitrator for the matter in
dispute.

(b) Where the Parties do not agree that the dispute concerns a technical matter, the Client and
the Consultants shall each appoint one arbitrator, and these two arbitrators shall jointly
appoint a third arbitrator, who shall chair the arbitration panel. If the arbitrators named by
the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the
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latter of the two arbitrators named by the Parties has been appointed, the third arbitrator
shall, at the request of either Party, be appointed by Secretary, the Indian Council of
Arbitration, New Delhi.

(c) If, in a dispute subject to Clause SC 8.2.1 (b), one Party fails to appoint its arbitrator within
thirty (30) days after the other Party has appointed its arbitrator, the Party which has named
an arbitrator may apply to the Secretary, Indian Council of Arbitration, New Delhi, to
appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to
such application shall be the sole arbitrator for that dispute.

8.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedures of the Arbitration &
Conciliation Act 1996, of India unless the Consultant is a foreign national/firm, where arbitration
proceedings shall be conducted in accordance with the rules of procedure for arbitration of the
United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of
this Contract.

8.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in
the same manner as the original arbitrator.

8.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of
Clause 8.2.1 hereof shall be an internationally/nationally recognized legal or technical expert with
extensive experience in relation to the matter in dispute.

8.2.5 Miscellaneous

In any arbitration proceeding hereunder:

(a) Proceedings shall, unless otherwise agreed by the parties, be held in Delhi.

(b) The English language shall be the official language for all purposes; and

(c) The decision of sole arbitrator or of a majority of the arbitrators ( or of the third arbitrator if
there is no such majority) shall be final and binding and shall be enforceable in any court of
competent jurisdiction, and the Parties hereby waive any objections to or claims of
immunity in respect of such enforcement.

(d) Fee structure shall be as indicated below:

Sr. Particulars Maximum amount payable per Arbitrator/ per case*

No.
1 Arbitrator fee Rs. 15,000/- per day subject to a maximum 4 lacs Or Rs
2.5 lacs (lump sum) subject to publishing the award within
12 months.
2 Reading Charges Rs 15,000/-
3 Secretarial Assistance and Rs 20,000/-
Incidental charges (telephone, fax,
postage etc.)
5 Charges for Publishing Maximum of Rs. 20,000/-
/declaration of the Award

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Sr. Particulars Maximum amount payable per Arbitrator/ per case*

No.
6 Other expenses (as per actuals Maximum ceiling
against bills subject to the
prescribed ceiling) Traveling Economy class (by air), First class AC (by train) and AC
Expenses car (by road)

1. Rs 15,000/- per day (in metro cities)

2. Rs 7,000/- per day (in other cities)
Lodging and Boarding 3. Rs 3,000/- per day, if any Arbitrator makes their own
arrangements.
7 Local Travel Rs. 1500/- per day
8 Extra charges for days other than Rs. 3,500/- per day
hearing/meeting days (maximum
for 2 days)

Note:- 1. Lodging, boarding and travelling expenses shall be allowed only for those members who are
residing 100 kms. away from place of meeting.
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as Metro
Cities.
* May be suitably modified, as per market rates

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IV: 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

Activity Time Limit

Engineering Survey Geo- technical investigation 2 Months
estimate DTP etc. completed.
Calling Tender & Finalising Tender 4 Months
Construction Period 18 Months
DLP 24 Months

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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
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

Deleted

The form of Medical Certificate as required under the rules of Govt. of India

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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
Gazetted Holidays of Government of India as Holidays. The Consultant shall work as per the work
programof 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
Executive Engineer,
Maharashtra State Road Development Corporation (Ltd.)
BnadraWorli Sea Link Project Office,
Opp. Bandra Bus Depot, K.C. Marg,
BandraReclmation, Bandra (W),
Mumbai-400050

In Consideration of Maharashtra state Road Development Corporation Ltd (here in after called the“the
Employer”) having agreed to exempt _______________________________________
herein after called “the Consultant”) from depositing with the Maharashtra state Road Development
Corporation Ltd. The sum of INR___________ (Rupees_______________only)
being the amount of performance security payable by the consultant to the Maharashtra state Road
Development corporation Ltd. under the terms and conditions of the contract made between the
Maharashtra State Road Development Corporation Ltd. of the one part and the consultant of the other part
(hereinafter referred to as “ the said contract “) for ( describe the work) as security for due observance and
performance by the consultant of the terms and conditions of the said contract on the consultant furnishing
to the Maharashtra State Road Development Corporation Ltd a Guarantee in the prescribed form of a
scheduled Bank in India being in fact these presents in the sum of INR_________
( Rupees ___________ only)

We ____________________ Bank/Limited registered in India under_______________ Act and having

our local Head Office at ____________in India do hereby:

1. Guarantee to the Maharashtra state Road Development Corporation Ltd:

a) Due performance and observance by the Consultant of terms, covenants and

conditions on the Part of the Consultant in the said Contract:

AND

b) Due and punctual payment by the consultant to the Maharashtra state Road
Development Corporation Ltd. of all sum of money, losses, damages, costs
charges, penalties and expenses payable to the Maharashtra state Road
Development Corporation Ltd. By the consultant under or in respect of the said
Contract.
2. Undertake to pay to the Maharashtra state Road Development Corporation Ltd. on demand
without any demur and notwithstanding any dispute or disputes raised by the Consultant(s) in any
suit or proceeding filed in any court or tribunal relating thereto the Said sum Rs_______ (Rupees
____________________only) or such lesser sum as may be demanded by the Maharashtra state
Road Development Corporation Ltd. from us our liability hereunder being absolute and
unequivocal. Any such demand shall be conclusive as regards the amount due and payable by
Bank under this guarantee.

3. Agree that:
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a) The guarantee herein contained shall remain in full force and effect during the
subsistence of the said contract and that the same will continue to be enforceable till
all the dues of the Maharashtra state Road Development Corporation Ltd. under or by
virtue of the said contract have been duly paid its claims satisfied or discharge and till
the Maharashtra state Road Development Corporation Ltd. certifies that the terms and
condition of the said contract have been fully and properly carried out by the
consultant .
b) We shall not be discharges or released form the liability under this Guarantee by
reasons of:
i. Any change in the constitution of the Bank or the Consultant;
ii. Any agreement entered into between the Maharashtra state Road Development
corporation Ltd and the consultant with or without out consent;
iii. Any forbearance act or omission on the part of the Maharashtra state Road
Development corporation Ltd or any indulgence shown by Maharashtra State
Road Development Corporation Ltd to the consultant.
iv. Any variation in the terms, covenants or conditions contained in the said contract:
v. Any extension of time given to the consultant:
vi. Any other conditions or circumstances under which, in law, a surety would be
discharged.

c) Our liability hereunder shall be joint and several with that of the consultant as if we
were the principle debtors and notmerely as surely in respect of the said sum of
Rs.________ ( Rupees_____________________ only)
d) We shall not revoke this guarantee during its currency except with the previous
consent in writing of the MSRDC.
e) This guarantee is encashable at local office at Mumbai with a notice to guarantee
issuing Bank Branch viz_____________
4. Notwithstanding anything contained herein ,

1) our Liability under this guarantee shall not exceed Rs.______________

2) This Bank guarantee shall be valid upto _______ and encashable within further claim
period of 6 month i e______________

3) We are liable to pay the guarantee amount or any part of thee of this Bank guarantee only
and only if you serve upon us a written claim or demand only.

IN WITNESS WHEREOF the common seal of __________________________________has been

hereunto affixed the __________ day of _________20_______

Witness : 1)

2)
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Appendix I: Form of Bank Guarantee for Advance Payments

(Reference Clause 6.4(a) of Contract)

Deleted.

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Appendix J

Letter of invitation
Maharashtra State Road Development Corporation (Ltd.) Bid Document
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Appendix K

Letter of Award

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Appendix L

Minutes of pre-bid meeting

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Appendix-M
Memorandum of Understanding
between
THE MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION (LTD.),
BandraWorli Sea Link Porject Office, Opp. Bandra Bus Depot, K. C. Marg,
BanddraReclamation,Bandra (w), Mumbai-400050

And
__________________________
Whereas the Maharashtra State Road Development Corporation (Ltd.) Mumbai (MSRDC
(theEmployer’)‘ has invited proposal for appointment of APPOINTMENT OF CONSULTANT TO ACT
AS ENGINEER (PMC) FOR THE FOLLOWING ADDITIONAL WORKS ON MUMBAI-PUNE
SECTION OF NH-4. (a)Widening flyover near Kon Junction and Four Laning of Kon to Shedung
Km.106/700. (b) Construction of Footover Bridge at Ajivali at Km. 105/600. (c) Widening to Four Laning
from Palaspe to Kalamboli Km.109/150 to 115/800 (d) Vehicular Underpass atKhandaColonyin
Km.114/500 (e) Construction of Flyover at Kalamboli Steel Yard JunctionKm.(CH. 116/500 to Ch. 117/
230)(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’sEngineer;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 authorised representative of all JV partners for conducting all business for and on
behalf of the JV during the bidding process and subsequently, represent the joint venture for
and on behalf of the JV for all contractual matters for dealing with the 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)

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Appendix-N

BANK GUARANTEE FORMAT FOR BID SECURITY

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

Deleted

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Appendix-O

Draft Integrity Pact Format applicable for works having value between
Rs. 5 Cr and 100 Cr
(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents for
tenders having a value between Rs. 5 Cr and 100 Cr. To be signed by the bidder and same
signatory competent/authorized to sign the relevant contract on behalf of the MSRDC)

This Integrity Pact is made at__________on this day_________201

Between

Maharashtra State Road Development Corporation (Ltd.) (MSRDC), a statutory body

constituted under the Maharashtra State Road Development Corporation (Ltd.) Act, 1988, which
has been entrusted with the responsibility of development, maintenance and management of
MSRDC having its office at BandraWorli Sea Link Project Office, Opp. Bandra Bus Depot,
Bandra Reclamation, Bandra (W), Mumbai-400 050, hereinafter referred to as "The Principal",
which expression shall unless repugnant to the meaning or contract thereof include its
successors and permitted assigns.

and

_________________________hereinafter referred to as "The Bidder/Contractor

/Concessionaire /Consultant" and which expression shall unless repugnant to be meaning or
context thereof include its successors and permitted assigns.

Preamble

Whereas, the Principal intends to award, under laid down organizational procedures, contract/s
for..........................The Principal values full compliance with all relevant laws of the land, rules
of land, regulations, economic use of resources and of fairness/ transparency in its relations
with its Bidder(s) and /or Contractor(s)/Concessionaire(s) /Consultant (s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall
also be read as integral part and parcel of the Tender documents and contract between the
parties. Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties
hereby agree as follows and this pact witnesses as under:-

Article:1 Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe
the following principles:-
(a) No employee of the Principal, personally or through family members, will in connection
with the tender for, or the execution of a contract, demand, take a promise for or accept, for
self or third person, any material or immaterial benefit which the person is not legally
entitled to.

(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential/ additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or
the contract execution.

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(c) The Principal will exclude all known prejudiced persons from the process, whose conduct
in the past has been of biased nature.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the /PC/PC Act or any other Statutory Acts or if there be a substantive suspicion in
this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions as per its internal laid down Rules/Regulations.

Article: 2 Commitments oftheBidder(s) /contractor(s)/ Concessionaire(s)/ Consultant(s)

The Bidder(s)/ Contractor(s)/concessionaire(s)/consultant(s) commit himself to take all
measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.
a) The Bidder(s)/ Contractor(s)/ concessionaire(s)/consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal's
employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
b) The Bidder(s) /Contractor(s)/ concessionaire(s)/consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission or bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.
c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) will not commit any
offence under the relevant IPC /PC Act and other Statutory Acts; further the Bidder(s)/
Contractor(s)/Concessionaire(s)/ Consultant(s) will not use improperly, for purposes of
completion or personal gain, or pass on to others, any information or document
provided by the Principal as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or transmitted
electronically.
d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ representatives in India, if any. Similarly
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principle, if any.
e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) will, when presenting his
bid, disclose any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) will not bring
anyoutside influence through any Govt. bodies/quarters directly or indirectly on the
bidding process in furtherance of his bid

Article: 3 Disqualification from tender process and exclusion from 1 future contracts

(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s), before award or

during execution has committed a transgression through a violation of any provision
of Article-2, above or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s)/
Contractor(s)/Concessionaire(s)/Consultant(s) from the tender process.

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(2) If the Bidder/Contractor/Concessionaire/Consultant has committed a transgression

through a violation of Article-2 such as to put his reliability or credibility into
question, the Principal shall be entitled to exclude including blacklist and put on
holiday the Bidder/Contractor/Concessionaire/Consultant for any future
tenders/contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by
the Principal taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder /Contractor
/Concessionaire/Consultant and the amount of the damage. The exclusion will be
imposed for a minimum of 1 year.
(3) A transgression is considered to have occurred if the Principal after due consideration
of the available evidence concludes that "On the basis of facts available there are no
material doubts".
(4) The Bidder/Contractor/Concessionaire/Consultant with its free consent and without
any influence agrees and undertakes to respect and uphold the Principal's absolute
rights to resort to and impose such exclusion and further accepts and undertakes not
to challenge or question such exclusion on any ground, including the lack of any
hearing before the decision to resort to such exclusion is taken. This undertaking is
given freely and after obtaining independent legal advice.

(5) The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder/ contractor/ concessionaire/
consultant shall be final and binding on the Bidder/ contractor/ concessionaire/
consultant.
(6) On occurrence of any sanctions/ disqualification etc. arising out from violation of
integrity pact, Bidder/ contractor/ concessionaire/ consultant shall not be entitled for
.any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the
Bidder/Contractor/Concessionaire/Consultant could be revoked by the Principal if the
Bidder/Contractor/Concessionaire/Consultant can prove that he has restored/recouped
the damage caused by him and has installed a suitable corruption prevention system
in his organization.

Article: 4 Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Article 3, the Principal shall be entitled to forfeit the
EarnestMoney Deposit/Bid Security or demand and recover the damages equivalent
to Earnest Money Deposit/ Bid Security apart from any other legal right that may
have accrued to the Principal.

(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to
Contractor/Concessionaire/ Consultant’sDefault.In such case, the Principal shall be
entitled to forfeit the Performance Bank Guarantee of the
Contractor/Concessionaire/Consultant and/or demand and recover liquidated and all
damages as per the provisions of the contract/concession agreement against
Termination.

Article: 5 Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anti-corruption Transparency International (TI) approach
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or with any other Public Sector Enterprise/Undertaking in India or any Government

Department in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be liable for compensation
for damages as per Article-4 above.
Article: 6 Equal treatment of all contractors / Concessionaires/ Consultants / Subcontractors

(1) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/Consultant(s) undertake(s) to demand

from all sub-contractors a commitment in conformity with this Integrity Pact, and to
submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one withall
Bidders/Contractors/Concessionaires/ConsultantsandSubcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions.

Article: 7 Criminal charges against violating / Contractor(s) / Concessionaire(s) /

Consultant(s)/ Sub-contractor(s)

If the Principal obtains knowledge of conduct of a Bidder/Contractor/

Concessionaire/Consultant or Subcontractor, or of an employee or a representative or an
associate of a Bidder/Contractor/Concessionaire/ Consultant or Subcontractor, which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal will inform the same to the Chief Vigilance Officer.

Article: 8 Pact Duration

This Pact begins when both parties have legally signed it [In case of EPC Le. for projects
funded by Principal and consultancy services] It expires for the Contractor/Consultant 12
months after his Defect Liability Period is over or 12 months after his last payment under
the contract whichever is later and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. [In case of BOT projects] It expires for the concessionaire 24
months after his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded.

If any claim is made/ lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined
by Chairman of NHAI.

Article: 9 Other Provisions

(1) This pact is subject to Indian Law. Place of performance and jurisdiction is me
(2) Registered Office of the Principal. New Delhi. Changes and supplements as well as
termination notices need to be made in writing.

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(3) If the Bidder/Contractor/Concessionaire/Consultant is a partnership or a consortium,

this pact must be signed by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to in agreement to their original intentions.
(5) Any disputes/differences arising between the parties with regard to term of this Pact,
any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witnesses:-

(For & On behalf of the (Principal) (for & On behalf of Bidder / Contractor/ Concession / Consultant)

(Office Seal) Place: _________

Date: _________

Witness 1:
(Name & Address) __________________________
__________________________
__________________________
Witness 2:
(Name & Address) ________________________
________________________
________________________

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DISCLAIMER

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

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