REQUEST FOR PROPOSAL

(RFP)

Consultancy services for Authority’s Engineer for Supervision of

Construction of Fly-overs/RUBs/ROBs in the State of Madhya
Pradesh on EPC Mode under MPRDC.

MADHYA PRADESH ROAD DEVELOPMENT

CORPORATION LIMITED (MPRDC)

(MARCH - 2024)
 CONTENT

Sr. Page
Particulars
No. Nos.
1 SECTION 1: Information to Consultants
2 SECTION 2: Letter of Invitation
Datasheet
Appendix-EC
3 SECTION 3: Format for Submission of Firms Credentials.
4 SECTION 4: Format for Submission of Technical Proposal.
Appendix B-1-Technical proposal submission form.
Appendix B-2-Site Appreciation
Appendix B-3-Approach paper on methodology for performing the assignment
Appendix B-4-Facility for field investigation and testing
Appendix B-5-Composition of the Team and Task(s) of each Team member
Appendix B-6-Curriculum vitae of proposed Professional staff.
Appendix B-7-Time schedule for deployment of Professional staff
Appendix B-8-Activity (works) schedule.
Appendix B-9-Affidavit – Correctness of Experience claimed by the Firms
Appendix B-10-Integrity Pact
5 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
6 SECTION 6: Terms of Reference.
Enclosure-A
Enclosure-B
Annexure I- Daily Inspection Report in construction period
Annexure II- Deleted
Annexure III- Deleted
Annexure IV- Deleted
Annexure V- Monthly Progress Report in Construction Phase
Annexure VII: Deleted
7 SECTION 7: Draft Form of Contract.

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 REQUEST FOR PROPOSAL ( RFP)

SECTION 1: INFORMATION TO CONSULTANTS

Sub.: Consultancy services for Authority’s Engineer for Supervision of Construction of Fly-
overs/RUB’s/ROB’s in the State of Madhya Pradesh ON EPC Mode under MPRDC

1. The MPRDC (the ‘Employer’) invites proposals from eligible Consultants for engaging
an Authority’s Engineer (AE) on the basis of International Competitive Bidding for the
following civil contract package in the State of Madhya Pradesh.

TABLE1: DETAILS OF PROJECT

S. Name of work District No. of Length Estimated Completion Maintenance

No. Lanes of (in Cost period period
Flyovers/ Meter) (INR in
ROBs/ cr.)
RUBs
1. Construction of fly over Indore 6 900 78.99 24 Month 10 Years
bridge at Dewas Naka
Circle in Indore city.
2. Construction of flyover Indore 6 751.36 69.69 24 Month 10 Years
at Satya Sai circle in
Indore city
3. Construction of flyover Indore 6 1257 72.12 24 Month 10 Years
at IT Park Circle in
Indore city.
4. Construction of flyover Indore 6 1027 68.44 24 Month 10 Years
at Musakhedi Circle in
Indore city.
5. Construction of Flyover Bhopal 4 780 51.45 24 Month 10 Years
at Vyapam intersection,
from Bhopal Haat to 6
No. Bus Stop in Bhopal
city.
6. Construction of 4 lane Dhar 4 1143 45.22 24 Month 10 Years
flyover at Indorama
Circle near Shri Ram
Mandir on Km 20/8 of
Mhow Ghata Billod in
Dhar
7. Construction of flyover Vidisha 2 976 59.57 24 Month 10 Years
on Sagar-Vidisha Road
from Bunty Nagar to
Ahinsa Bihar Nagar in
Vidisha city.

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8. Construction of ROB Seoni 2 630 117 24 Month 10 Year
on old NH-7 (MDR) in R.O.B. and 5
Seoni City and 12.67 Years Road
Km. Four Lane Road. Maintenance
9. Construction of RUB Gwalior 2 240 9.50 24 Month 10 Years
between Mahalgaon &
Harishankar Puram in
Gwalior
10. ROB Near Mohana Gwalior 2 900 36.27 24 Month 10 Years
Railway Station

2. Location, length, span, cost, and numbers of structures given above are tentative and these
may increase or Decrease as per ground requirement and consultant shall have no claim
if any/ some of the above are deleted and few new ROBs/ Flyovers/ RUBs are added as
per requirement.
3. Deployment of personnel, establishments/ demobilization of offices shall be done as per
the direction of the authority and considering economy/ effectiveness.
4 . The RFP has also been uploaded on www.mptenders.gov.in
5. Bid must be submitted online at e-tender portal of GoMP on www.mptenders.gov.in on
or before as per key Date given in DATA Sheet.
6. Selection of AE shall be as per selection procedures given in the Model Agreement for
Engineering Procurement and Construction. Details of the selected AE shall be intimated
to the Contractors.
7. The proposal shall be submitted in English Language and all correspondence would be in
the same language.
8. MPRDC, Bhopal intends to appoint a Consultant to act as Authority’s Engineer for
implementation of the EPC project. As per the Terms and Conditions of the EPC
Agreement (s), the Authority’s Engineer shall perform all the duties as per TOR given in
this RFP along with any amendment thereof. The selection of Authority’s Engineer shall
follow the laid down procedures given in the Contract Agreement signed between
Employer and Contractor.
9. The interested consultancy firms may download the RFP document from the MP tender
portal https://www.mptenders.gov.in. The Consultant who downloads the RFP document
from the website will be required to pay through online mode the non- refundable fee of
INR 30,000/- towards cost of RFP document at the time of the submission of the Bid.
The RFP will be invited through e-tendering portal. Refer Procedure under e- tendering
for submission of RFP through e-tendering.

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10. Unqualified bidders would be informed regarding their non-qualification, without any
explanation through tender portal only.
11. The applicant shall furnish as part of its proposal, a bid security of INR 10,00,000-
(Rupees Ten Lakhs only) through RTGS/NEFT/Online mode only. 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 employer and
has furnished the required Performance Guarantee as specified in the document within 15
days from the receipt of the Letter of Acceptance. The bid security will be forfeited:

a) If a bidder withdraws its bid during the period of bid validity, or

b) If the bidder fails to accept the Employer's corrections of arithmetic errors in the
bidder's bid (if any), or
c) If the successful bidder fails to sign the contract agreement with the employer within
the prescribed period, or
d) If the successful bidder fails to furnish the performance security within the stipulated
time.
e) Technically unqualified bidder’s bid security would be returned automatically after
uploading the Technical Evaluation on tender portal as per tender portal procedure.

f) Bid security of all other bidders except successful bidder would be returned after
issue of Letter of Award to successful bidder.
12. The proposal should be submitted by consultancy firms in two parts. Part1: Technical
Proposal and Part2: Financial Proposal.
Stage -1 shall be the evaluation of the Technical Proposal (i.e. Part 1). The firms scoring
the qualifying marks (minimum 75%) as mentioned in RFP shall only be considered for
further evaluation. Under stage 2, the financial proposal of qualifying 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.
13. The total time period for the assignment as Authority’s Engineer will be 30 Months.
14. Consultants may apply either as a sole firm or forming Joint Venture with other
consultants. In case of Joint Venture, the maximum number of Joint Venture partners is
limited to 2 (i.e. one lead + 1 JV partner). Formulation of more than one JV with different
partners for the same work is not allowed and all such proposal involving the firms shall
be treated as non-responsive. If the Consultant submits bids as sole applicant and also
in JV with another consultant, both bids shall be summarily rejected. No Consultant shall
submit more than one bid.

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 15. A subsidiary company, incorporated in India can utilize the financial and technical
credentials of their parent / holding / any group companies having share in the subsidiary
company either at its own (directly) and / or combined (indirectly) through one or more
of its subsidiary companies. The technical credentials of subsidiary (ies) in which
shareholding of the parent/holding company is one or more of its subsidiary companies,
shall be treated as the credentials of parent/holding company.
16. The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to
have acknowledged that without prejudice to the MPRDC any other right or remedy
hereunder or in law or otherwise, the Applicant shall be debarred from participating in
the future projects of the MPRDC in the following situations.

a) If an Applicant withdraws its Proposal during the period of its validity as

specified in this RFP and as extended by the Applicant from time to time.

b) In the case of a Selected Applicant, if the Applicant fails to sign the

Agreement.

17. Consulting firms meeting the following criteria are only eligible for applying for this
assignment. Firms not meeting these criteria, need not apply.

A). Eligibility criteria for sole applicant firm.

S. No. Experience of the firm in last 7 years Annual Turnover

Preparation of DPR Project Supervision/IC/IE/AE
(NH/SH) (NH/SH)
1 (a) The firm should have The firm should have minimum Annual turnover
minimum experience of experience of Project Supervision (updated average of
preparation of Detailed Consultant /Independent last 3 years) of the
Project Report/ Feasibility Engineer/ Authority’s Engineer of firm from
Study cum Preliminary 2/4/6 laning Flyover/ROB/RUB/ Consultancy business
Design Report of: 2/4/6 Elevated Highway project* of should be equal to or
laning Flyover/ROB/RUB/ aggregate length equal to 2000m more than INR 25 Cr .
Elevated Highway project* of (2 lane equivalent) or more of
aggregate length equal to similar category **.
2000 m (2 lane equivalent) or
more.

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 1 (b) - Firm should also have experience -
in successful completion of
Project Supervision Consultant/
Independent Engineer/
Authority’s Engineer of at least
one 2/4/6 lanning of
Flyover/ROB/RUB/Elevated
corridor / Viaduct / Extra- dosed
cable stayed bridge / Bow string
Flyover/Precast Segmental /
Prestressed Concrete Flyover/
Balanced Cantilever bridge
project* having continuous
Viaduct length 1000 meter (2 lane
equivalent) or more in a single
project.

* Project or similar project means as given in note 1 of Clause 10.1 of DATA Sheet.
** Experience in Flyover/ROB/RUB work executed either independently or as a part of road project
will be considered for evaluation.

B). Eligibility Criteria for partners in case of JV shall be as under:

The lead partner must fulfill atleast 50% of requirements as per para (A) S. No. 1(a) of above
table and other JV partner should fulfill atleast 30% of eligibility criteria as indicated as per para
(A) S. No. 1(a) of above table. Also, the lead partner and JV partner jointly should meet the
eligibility criteria as mentioned in para (A) S. No. 1(a) of above table. Lead partner should meet
the criteria in para (A) S. No. 1 (b) of above table.

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

*** For weightage of experience in any past Consultancy assignment, experience certificate from the
client shall be submitted. In absence of clear demarcation of JV share in client certificate, the
weightage will be treated as 60 % for lead partner and 40% for minor partner. Annual turnover
duly certified by Chartered Accountant shall be accepted. In case of non-availability of such
documents no weightage of turnover/experience will be considered.
7
1. In case the financial figures and values of services provided are in foreign currency
current market exchange rate (State Bank of India BC Selling rate as on last date of
submission of the bid) will be applied for the purpose of conversion of amount in
foreign currency into Indian Rupees.
2. The Bidder including individual or any of its Joint Venture Member should, in the last
2 years, have neither failed to perform for the consultancy services pertaining to
Expressways, National Highways, ISC (Inter State Connectivity) & EI (Economic
Importance) works, MPPWD or MPRDC works, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Bidder including individual or any of its Joint Venture Member, as
the case may be, nor has been expelled or terminated by Ministry of Road Transport
& Highways or its implementing agencies, MPPWD or MPRDC for breach by such
Bidder including individual or any of its Joint Venture Member. Consultants (sole
firm or lead firm and any of the JV partners) who do not fulfil the aforesaid condition
as on last date of submission of proposal, need not apply as their RFP proposal will
not be entertained.
3. 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.
4. The two parts of the Proposal (Technical proposal and Financial proposal) must be
submitted on-line only with all pages numbered serially, along with an index of
submission as per procedure under e-tendering. Physical submission of the proposal
shall not be accepted. In the event, any of the instructions mentioned herein have not
been adhered to, the Employer may reject the Proposal.
5. The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all the bids at any time prior to contract award, without incurring
any liability. In all such cases reasons shall be recorded.
6. Employer will be at liberty to keep the credentials submitted by the Consultants at
bidding stage, in public domain and the same may be uploaded by Employer
on Employer’s web-site. Consultants should have no objection if Employer uploads
the information pertaining to their credentials as well as of their key personnel.
7. 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.

ADDRESS OF EMPLOYER:
Office of the Chief Engineer, (Procurement)
Madhya Pradesh Road Development Corporation Limited
45-A, Arera Hills, Bhopal – 462011

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 SECTION 2: LETTER OF INVITATION TO CONSULTANTS

1. INTRODUCTION

1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other
Consultant willing to act as AE to submit a proposal for providing consulting services
required for the assignment named in the attached Letter of Invitation.
1.2 A brief description of the assignment and its objectives are given in the Terms of
Reference (TOR).
1.3 The duration of assignment shall be 30 Months.
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their
Proposals pursuant to this RFP. This RFP includes statements and assumptions, which
reflect various assessments arrived at by the Authority in relation to the Consultancy.
Such assessments and statements do not purport to contain all the information that
each Applicant may require. The information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its
own investigations about the assignment and the local conditions before submitting
the proposal by paying a visit to the Client and the project site, sending written queries
to the client, before the date and time specified in the Data Sheet.

1.5 Please note that (i) the costs of preparing the proposal and negotiating for the
contract, including a visit to site, are not reimbursable as a direct cost of assignment
and (ii) Employer is not bound to accept any of the proposals received by it and
reserves the right to annul the selection process at any time prior to contract award,
without thereby incurring any liability to the Consultants.

1.6 Consultant have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Client, or than may
reasonably be perceived as having this effect. Failure to disclose said situations may
lead to the disqualification of the Consultant.
Or
the termination of its Contract and/or any other action as deemed fit by the Authority at
any stage.
1.7 It is the MPRDC policy that the consultants observe the highest standard of ethics
during the selection and execution of such contracts. In pursuance of this policy, the

9
 MPRDC :
a) Defines, for the purpose of this paragraph, the terms set forth below as
follows:
(i). “corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the action of
a public official in the selection process or in contract execution;
(ii). “fraudulent practice” means a misrepresentation or omission of
facts in order to influence a selection process or the execution of a
contract;
(iii). “collusive practices” means a scheme or arrangement between two or
more consultants with or without the knowledge of the Client,
designed to establish prices at artificial, non-competitive levels;
(iv). “coercive practices” means harming or threatening to harm,
directly or indirectly, persons or their property to influence their
participation in a procurement process, or affect the execution of a
contract.

b) will reject a proposal for award if it determines that the

Consultant recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive or coercive practices in
competing for the contract in question;

c) will declare a firm ineligible, either indefinitely or for a stated period

of time, to be awarded a contract if it at any time determines that the
firm has engaged in corrupt or fraudulent practices in competing for, or
in executing, a contract; and

d) will have the right to require that a provision be included requiring

consultants to permit the Employer to inspect their accounts and
records relating to the performance of the contract and to have them
audited by authorized representatives of Employer.

1.8 Consultants, their JV partner, their Sub-Consultants, and their associates shall not
be under a declaration of ineligibility for corrupt and fraudulent practices.
Furthermore, the Consultants shall be aware of the provisions on fraud and corruption
stated in the specific clauses in the General Conditions of Contract.

1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or
to be paid to agents relating to this proposal and during execution of the assignment if
the Consultant is awarded the Contract, in the Financial Proposal.
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 1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after
the submission date. During this period, Consultants shall maintain the availability
of Professional staff nominated in the Proposal. The Client will make its best effort
to complete the process within this period. Should the need arise, however, the Client
may request Consultants to extend the validity period of their proposals. Consultants
who agree to such extension shall confirm that they maintain the availability of the
Professional staff nominated in the Proposal, or in their confirmation of extension of
validity of the Proposal, consultants could seek replacement upto a maximum of
50% key personnel .If any Consultant seeks any replacement(s), while extending the
bid validity, then the same shall be evaluated for ascertaining suitability of
replacement as per the provisions of the RFP and remuneration shall not be reduced
for any such replacement(s). However, the technical evaluation shall take into
account of the originally submitted CV(s) only irrespective of replacement sought.

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

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

2.2 At any time before the submission of Proposals, the Client may for any reason,
whether at its own initiative or in response to a clarification requested by a
Consulting firm, modify the RFP documents by amendment. Any amendment shall
be issued in writing through addendum. Addendum may be sent by mail, cable, telex,
facsimile or electronic mail to consultants or/and will be hosted on Employer’s
website which will be binding on them. The Client may at its discretion extend the
deadline for the submission of Proposals.

3. PREPARATION OF PROPOSAL

3.1 You are requested to submit your proposal in Two Parts strictly using the formats
enclosed herewith (refer section 3, 4and 5) in 2 separate envelopes/folder as per
tender portal requirement. The two parts shall be:

11
 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 a MoU indicating the
specific Projects, input and role of each Partner etc. shall be submitted with the
proposal.
Part 1: Technical Proposal

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

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

(i). The man-months for the assignment shall be that stated in the Terms of
Reference. The same shall be considered for the purpose of evaluation as well
as award. In case the man months of TOR are amended in view of Client’s own
initiative or in response to clarification sought by any Consulting firm, the man
months so amended and published shall be considered for the purpose of
evaluation as well as award.

(ii). The Consultants should prefer to field as many of their permanent staff as
possible. The permanent staff would be considered those already employed with
the firm prior to one year from the month during which this Tender Notice is
issued. Applicant shall submit the details of the period of employment of the
proposed personnel with the firm.

(iii). A good working knowledge of the language specified in the data sheet is
essential for key professional staff on this assignment. Reports must be in the
language (s) specified in the data sheet.

3.4 Your Technical Proposal must provide the following information, using but not
limited to the formats attached in the Section 3 & 4.

(i). A brief description of the firm’s organization and an outline of recent

experience of the Consultants and, in the case of Joint Venture, for each partner,
on assignments of a similar nature. The information which you shall provide on

12
 each assignment should indicate, inter-alia, the profiles of the staff provided,
duration, contract amount and firm’s involvement. The details of assignments
on hand shall also be furnished by the Consultant and their JV partner,
separately.
(ii). Any comments or suggestions on the ToR and a description of the
methodology (work plan) which the firm proposes to execute the services,
illustrated with bar charts of activities.
(iii). Site Appreciation: limited to four A4 size pages in 1. 5 space and 12 font
including photographs, if any;
(iv). Proposed methodology for the execution of the services illustrated with bar
charts of activities, including any change proposed in the methodology of
services indicated in the TOR, and procedure for quality assurance: Maximum
4 pages;
(v). The proposed methodology should be accompanied by the consultant initial
view, key challenges they foresee and potential solutions. It should also include
details on adoption of superior technology along with proof: limited to six A4
size pages in 1.5 space and 12 font including photographs;
(vi). Deleted
(vii). Proposed Quality Audit Methodology including Quality Assurance Plan

(viii). In case the Consultant envisages outsourcing any or all of the above services to
the expert agencies, the details of the same indicating the arrangement made
with the agencies need to be furnished. These agencies would however, be
subject to approval of the client to ensure quality input by such agencies before
award of the work. For out-sourced services, proposed firms/consultants should
have such experience on similar projects.
(ix). The composition of the proposed staff team, the tasks which shall be assigned
to each and their timing;
(x). Requirement for submission of CVs.
a) The CVs of following key personnel’s in the format as per Appendix-B-6 is to
be furnished (as PDFs along with qualifications and experience certificates and
other documents)
 Team Leader cum Senior Bridge Engineer -1
 Dy. Team Leader-1
 Resident Engineer cum Bridge Engineer – 4 (one for each project
may increase or decrease as per number of project in hand)
 Structural Engineer cum Bridge Engineer (SE-BE)– 1
 Senior Quality cum Material Expert –1
13
  Senior Contract Specialist – 1
 Road Safety Expert –1
 Senior Quantity Surveyor-1

(Deployment / demobilization of personnel, establishments/ demobilization

of offices shall be done as per the direction of the authority and considering
economy/ effectiveness.)

It may please be ensured that the format is strictly followed and the information
furnished therein is true and correct. The CV must indicate the work in hand
and the duration till which the person will be required to be engaged in that
assignment. The Firm shall ensure that details furnished in the CV by the
personnel are correct. If any information is found incorrect, at any stage, action
including termination and debarment from future MPRDC projects for a
minimum period of 2 years may be taken by Chief Engineer, Procurement,
MPRDC, Bhopal on the personnel and the Firm.
b) Key information should include years with the firm and degree of
responsibility held in various assignments. In CV format, at summary, the
individual shall declare his qualification & total experience (in years) against
the requirements specified in TOR for the position (Ref. Enclosure-B of TOR).
If any information is found incorrect, at any stage, action including termination
and debarment from future MPRDC projects upto 2 years may be taken by
MPRDC on the personnel and the firm.
c) CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand as on 7 days before due date of proposal including those
for which LOA has been received from the Client or for which Consultant has
been declared as H1 are such that the key personnel is able to proportionately
devote the given man months for this project.
d) All the CVs which are to be evaluated should be complete in all respects
including signing and certification by the individual and the firm.
e) Minimum 75% marks required. CV of [six/seven] Key Personnel will be
evaluated CV of proposed Team Leader should score at least 75% marks.
If not, the proposal shall not be considered further.
f) If a CV score less than 75% marks, whatever marks it score will be carried
forward for maximum 3 nos. key personnel for determining the total score of
the firm. However, if the Key Personnel does not fulfill the minimum academic
qualification (as mentioned at Enclosure-B of TOR of RFP), the overall score
of his CV will be evaluated as zero. If the Key Personnel does not fulfill the
14
 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 before signing the contract. The reduction in remuneration of such
replacements shall be 10% for each replacement. In case more than 3 CV scores
less than 75% marks or Team leader cum Senior Bridge Engineer scores less
than 75% marks, the proposal shall be considered non-responsive.
g) In case CV of a person is turned out to be fake/incorrect/inflated during the
assignment, the consultancy firms shall have to refund the salary and perks
drawn including interest @12% per annum in respect of the person apart from
other consequences. In addition to above, 10% of the salary and perks to be
refunded shall be recovered from the Firm as penalty. In the event the penalty
is not paid by the Consultancy Firm, the same shall be recovered from
encashment of performance security of the firm.
h) It is also clarified that any key personnel, if debarred during the period between
receipt of bid and award of the contract and is required to be replaced as per the
provisions of the RFP, then the replacement shall not be considered as part of
replacement by the Authority’s Engineer and hence no deduction in
remuneration shall be affected. However, in this case the original CV will be
considered for evaluation purpose
(xi). Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on quarterly
basis.
(xii). Estimates of the total time effort (person x months) to be provided for the
services, supported by bar chart diagrams showing the time proposed (person x
months) for each professional staff and sub professional staff.
(xiii). Any additional information.

3.5 The technical proposal must NOT include any financial information.

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 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 as per financial
proposal submitted by them basis. Beginning 13th months from the last date of
submission of bid, billing rates shall be increased to cover all items of the contract
i.e. remuneration, vehicle hire, office rent, consumables, furniture etc. @ 5% every
12 months. However, for evaluation and award of the Bid proposals, the quoted
initial rate (as applicable for first 12 months from last date of submission of bid)
shall be multiplied by the total time input for each position on this contract, i.e.
without considering the increase in the billing rates. All payments shall be made in
Indian Rupees and shall be subjected to applicable Indian laws withholding taxes if
any.
3.7 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 Goods & Service tax as applicable shall be paid to the Consultant while making
payment for services rendered. The consultants shall then deposit the same with the
tax authorities and provide a proof of having done so within next 90 days in line with
policy circulars issued by Employer. Employer shall pay only the Goods & service
tax.

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:

A). Detailed RFP may be downloaded from E-tendering portal i.e

www.mptenders.gov.in and the Application may be submitted online following
the instructions appearing on the screen.

B). The following shall be the form of various documents in the Application:

(i). Technical Proposal {Only Electronic Form (to be uploaded on the E-

tendering portal of Employer)}

16
 a) Power of Attorney for signing the Application
b) If applicable, the Power of Attorney for Lead Member of JV;
c) Copy of Memorandum of Understanding between JV partners, if applicable;
d) Deleted.
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). Financial proposal as per format prescribed in section – 5 of RFP

(iii). Online payment towards cost of RFP document of INR 30,000/- (Rupees
Thirty Thousand only) through Online mode only
(iv). The applicant shall furnish as part of its proposal, a bid security of INR
10,00,000/- (Rupees Ten Lakhs only) through RTGS/ NEFT/ Online mode
only.
(v). Bidders have to comply with the OM No. 13030/09/2008-vig dated
28th January, 2013 (copy enclosed) regarding Integrity pact.

C). The successful bidder shall submit the original documents specified above in point
no.4.1 B (I) (a), (b), (c)& (d) above together with their respective enclosures to the
Authority before signing of the Agreement.

i. The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (B) (I) ,(II), (III) & (IV) above on on the
E- tendering portal https://www.mptender.gov.in before 15:30 hours Indian
Standard Time as per key dates. Financial Proposal is to be submitted On-line only
and no hard submission is to be made.

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.
17
 (v). Before withdrawal of a bid, it may specifically be noted that after withdrawal of a
bid for any reason, bidder cannot re-submit e-bid again.

4.3 OPENING AND EVALUATION OF APPLICATIONS:

(i). Opening of Proposals will be done through online for both Financial Proposal
and 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.
(iii). The Employer will open the Technical Proposal as per key dates mentioned in the
RFP document in the presence of the Applicants who choose to attend and evaluate
the Applications in accordance with the provisions set out in the RFP.
(iv). The Financial Proposal will be opened of the short listed applicants who qualify
for financial opening as per RFP. The date of opening of Financial Proposal will be
notified later on.

5. PROPOSAL EVALUATION

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

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

Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is
finalised, the Employer may notify those consultants whose proposals were not
considered as per conditions of RFP. The Employer shall simultaneously notify the
shortlisted firms indicating the date and time set for opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical scores,
and the proposed prices shall be read aloud and recorded when the Financial Proposals
are opened. The Client shall prepare minutes of the public opening.
18
 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.
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) Proposals will finally be ranked according to their
combined technical (ST) and financial (SF) scores as follows:

S= ST x Tw+SF x Fw
Where S is the combined score, and Tw and Fw are weights assigned to Technical
Proposal and Financial Proposal that shall be 0.80 and 0.20 respectively.
5.7 The selected Authority’s Engineer shall be the first Ranked Applicant (H-1, having the
highest combined score). In the event the proposals of two or more consultants have the
same scores in the final ranking, the proposal with the highest technical score should be
ranked first.

6. AWARD OF CONTRACT

6.1 The Client shall issue letter of award to selected Consultant and ask the Consultant to
provide Performance Security as in Para 7 below. If the selected Consultant fail to
provide performance security within the prescribed time or the Consultant fail to sign
the Contract Agreement within prescribed time, the Client may invite the 2nd highest
ranking bidder Consultant and follow the procedure outlined in Para 6 and 8 of this
Letter of Invitation.

7. PERFORMANCE SECURITY

7.1 The successful consulting firm shall have to submit a Bank Guarantee (BG) for an
amount of 10% of the Contract Value within 15 days of issue of LOA. The BG shall be
valid for a period of [30+2] i.e. upto 2 months beyond the expiry of the Contract period
of [30 months]. The BG shall be in the format specified in Appendix H of draft contract
form and furnished from a Nationalised Bank, IDBI or ICICI/ICICI Bank/Foreign
Bank/EXIM Bank / Any Scheduled Commercial Bank approved by RBI having a net
worth of not less than INR 1000 crore as per latest Annual Report of the Bank. In the
19
 case of a Foreign Bank (issued by a Branch in India) the net worth in respect of Indian
operations shall only be taken into account. In case of Foreign Bank, the BG issued by
Foreign Bank should be counter guaranteed by any Nationalised Bank in India. In case
of JV, the BG shall be furnished on behalf of the JV and not individually by the member.

7.2 Further, in case where the bid of the successful consulting firm is less than 85% of the
average of all bids received, the successful consulting firm shall have to submit an
Additional Performance Security (APS) in the form of a Bank Guarantee for 30% of the
differential value between the successful bid and average of all the bids received. The
BG shall be valid for a period of [30+2] months i.e. upto 2 months beyond the expiry
of the Contract of [30] months. The other requirements of APS are same as those of
Performance Security. In case Time Extension has been granted the BG shall be valid
upto Extended period.

7.3 In the event the Consultant fails to provide the security within 15 days of date of LOA,
it may seek extension of time for a period of 15 (Fifteen) days on payment of damages
for such extended period in a sum of calculated at the rate of 0.1% (Zero Point One
Percent) of the contract price for each day until the performance security is provided.
For the avoidance of doubt the agreement shall be deemed to be terminated on expiry
of additional 15 days’ time period. Notwithstanding anything to the contrary contained
in this Agreement, the Parties agree that in the event of failure of the Consultant to
provide the Performance Security in accordance with the provisions of Clause 7.1
within the time specified therein or such extended period as may be provided by the
Authority, in accordance with the provisions of Clause 7.2 and thereupon all rights,
privileges, claims and entitlements of the Consultant under or arising out of this
Agreement shall be deemed to have been waived by, and to have ceased with the
concurrence of the Consultant, and LoA shall be deemed to have been withdrawn by
mutual agreement of the Parties. Authority may take action debar such firm for future
projects for a period of 1-2 year.

8. Signing of Contract Agreement

After having received the performance security and verified it, the Client shall invite
the selected bidder for signing of Contract Agreement on a date and time convenient to
both parties within 15 days of receipt of valid Performance Security.

20
 DATASHEET

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

Invitation to Consultants
1. Pre-Proposal Conference shall be held at: MPRDC Office, Bhopal as per time, date
mentioned in the key dates
2. The proposal shall be valid for 120 days after the last date of submission.
3. Clarification may be requested 7 days prior to Pre Proposal Conference. The address
for requesting clarification is:
Office of The Managing Director, MPRDC Bhopal, 45-A Arera Hills, Bhopal
(Email id: [email protected]).
4. The Language of documents and correspondence will be English
5. All the personnel shall have working knowledge of English and all the reports etc shall
be written in English.
6. MPRDC shall reimburse only Goods and Service tax. Authority’s Engineer has to assess
all other taxes and should inbuilt them in their financial proposal. These taxes (other than
Goods and service tax) should not be provided separately. Consultants are requested to
consult Tax Consultants for details.
7. The Consultants to ensure that their key personnel should have been registered their CV’s
on INFRACON PORTAL. Only ‘Verified’, ‘Verified with Remarks’ and
“Verification under Process” Category CVs on INFRACON PORTAL shall be
evaluated.
8. The Consultants to state cost in INR.
9. Proposed key dates (NIT No. 15475/642/MPRDC/Procu./2024, Bhopal, Dated:
29/02/2024);
Sr.no. Particular Date Time
1 Publishing Date 05.03.2024 15:30 hrs.
2 Document sale start date 05.03.2024 15:30 hrs.
3 Document sale end date 26.03.2024 15:30 hrs.
4 Seek Clarification start date
5 Seek Clarification end date
6 Pre bid meeting date 12.03.2024 15:30 hrs.
7 Bid submission start date 19.03.2024 15:30 hrs.
8 Bid submission end date 26.03.2024 15:30 hrs.
9 Bid opening date (Technical) 27.03.2024 15:30 hrs.
10 Bid opening date (Financial) To be intimated later on.

10. The points assigned to Technical Evaluation criteria are:

S. No. Description Marks
1 Relevant experience for the assignment of the Firm 30
2 Approach and Methodology 10
3 Qualifications and competence of the key staff for the assignment 60
Total 100

21
 10.1 Sub criteria for Relevant Experience of the firm for the assignment

Average Annual Turnover (last 3 years) from consultancy business

Less than INR 25 Cr.- 0 Marks 7.5
INR 25 Cr. to INR 35 Cr. – 5.5 marks
INR 35 Cr. to INR 45 Cr. – 6.5 marks
Above INR 45 Cr. -7.5 Marks
Experience in successful completion of Project Supervision/ Independent
Consultant/ Independent Engineer/ Authority’s Engineer Consultancy
contract for 2/4/6 laning Flyover/ROB/Bridge/Elevated corridor/ Viaduct/
Extra- dosed cable stayed Flyover/ Bow string Flyover/ Precast segmental 15
Flyover/ Balanced Cantilever having continuous Viaduct length minimum
1000m (2 lane equivalent) or more, in a single project in last 7 years.
Minimum number of project – 1 –7.5 marks
Add 2.5 marks for each additional project. (Subject to maximum 7.5 marks)
Experience in successful completion of preparation of Detailed Project 7.5
Report/ Feasibility Study cum Preliminary Design Report of 2/4/6 laning
Flyover/ROB/RUB/Elevated Highway Project having continuous viaduct
length 1000m (2 lane equivalent) or more, in a single project in last 7 years.
Minimum number of Project – 1 –2.5 marks
Add 2.5 for each additional project. (Subject to maximum 5.0 marks)

Note 1. Project, or Similar projects means work of 2/4/6/8 lane Flyover/ROB/RUB having
viaduct length more than 1000m (2-lane equivalent) or more (experience of 4/6/8 lane
project will be considered with a multiplication factor of 1.5 for 4 lane, 2 for 6 lane and
2.5 for 8 lane Flyover/ROB/RUB work)

Note 2. Consultants should give details of the experience of the firm considering the completed
and the on-going highway assignments, separately for PPP and non-PPP Projects along
with experience certificates from clients. The list of the completed works should also
include those assignments which are substantially (90% of Contract value) completed.
No Qualification/Experience etc. shall be considered without proof of experience.
Note 3. Experience of Authority’s Engineer for having offered consultancy services to a private
organization shall not be considered as relevant experience for current assignment.
Note 4. In case of JV, the turnover and experience details of Lead and JV partners, Employer’s
certificate should be submitted substantiating the experience claimed by the firm.
10.2 Approach and Methodology
Approach And Methodology: Understanding of objectives, Components Coverage, 10
Quality of methodology, Inattentiveness, Work Program, Personnel Schedule, Site
appreciation, Comprehensive details point wise be submitted

22
10.3 Qualification and competence of following professional/sub-professional staff for the
assignment shall be evaluated. The weightage for various key staff are as under:-
10.3.1 Flyover/ ROB/Bridge Project:

S. No Staff Position Marks

1 Team Leader cum Senior Bridge Engineer– 1 09
2 Deputy Team Leader-1 07
3 Resident Engineer cum Bridge Engineer– 4 (4 x 5) 20
4 Structural Engineer cum Bridge Engineer (SE-BE)– 1 06
5 Senior Quality cum Material Expert – 1 05
6 Senior Contract Specialist – 1 05
7 Road Safety Expert – 1 04
8 Senior Quantity Surveyor-1 04
Total 60

10.3.2 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

Note:-

i. The technical proposal should score at least 75 points to be considered responsive for
financial evaluation.
ii. Detailed evaluation criteria which is to be used for evaluation of technical bids is as
indicated below as Appendix-EC.
iii. The Authority’s Engineer should carryout self-evaluation based on the evaluation
criteria at Appendix-EC. While submitting the self-evaluation along with bid,
Authority’s Engineer shall make references to the documents which has been relied
upon in his self-evaluation.
iv. Result of technical evaluation shall be made available on the website giving opportunity
to the bidders to respond within 7 days in case they have any objection.
v. The single currency for price conversion is INR. For evaluation of bid proposals, the
foreign currency conversation rate of 1US Dollar = INR 82.94 And 1 Euro = INR 90 –
shall be used.
vi. The weightage given to technical proposal is 80%.
vii. The weightage given to financial proposal is 20%.
viii. Commencement of Assignment: The firm shall begin carrying out the services within
one month of signing of the Consultancy Agreement or as directed by the client.

23
 Appendix-EC

1. Evaluation Criteria for Assessment of Experience of the Firm.

Reference/ Marks
S.N. Description Max.
Details of self-
Marks
projects* assessed
Claimed by the
for self- bidder
assessment
1 Average Annual Turnover (last 3 years) from
consultancy services 7.5

Less than INR 25 Cr.- 0 Marks

INR 25 Cr. to INR 35 Cr. – 5.5 marks
INR 35 Cr. to INR 45 Cr. – 6.5 marks
Above INR 45 Cr. -7.5 Marks
2 Experience in successful completion of Project
Supervision/ Independent Consultant/ Independent
Engineer/ Authority’s Engineer Consultancy
contract for 2/4/6 laning 15
Flyover/ROB/Bridge/Elevated corridor/ Viaduct/
Extra- dosed cable stayed Flyover/ Bow string
Flyover/ Precast segmental Flyover/ Balanced
Cantilever having continuous Viaduct length
1000m or more (2 lane equivalent), in a single
project in last 7 year.

Minimum number of project – 1 –7.5 marks

Add 2.5 marks for each additional project. (Subject
to maximum 7.5 marks)
3 Experience in successful completion of preparation
of Detailed Project Report/ Feasibility Study cum
Preliminary Design Report of 2/4/6 laning 7.5
Flyover/ROB/RUB/Elevated Highway Project
having continuousviaduct length 1000m or more (2
lane equivalent) in a single project in last 7 years
Minimum number of project – 1 –2.5 marks
Add 2.5 for each additional project. (Subject to
maximum 5.0 marks)
30
Total

2 Approach And Methodology

Approach And Methodology: Understanding of
objectives, Components Coverage, Quality of 10
methodology, Work Program, Personnel Schedule,
Site appreciation for each project, along with
deployment of manpower and testing equipment
etc, comprehensive point wise details be submitted.
10
Total

24
 Note:-

1. Project, or Similar projects means as given in note 1 of Clause 10.1 of Data

sheet.

2. In case of JV the turnover and experience details of Lead and JV partners to be

added.

3. Employer’s certificate/ certificate from Statutory Auditor should be submitted

substantiating the experience/turnover claimed by the firm.

2. Evaluation Criteria for assessment of score of Key Staff for adequacy of the
Assignment.
2.1 Team Leader cum Senior Bridge Engineer
Reference/ Marks
Max.
Description Details of self-
S.No.
Marks projects assessed
claimed by the
for self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 17
1.2 Post-Graduation in Construction/ Transportation 4
/ Highway Engineering / Structural Engineering
or equivalent specialized stream of civil
engineering.
1.3 Membership of Professional Institutions /Society 4
2 Adequacy for the Project 70
2.1 Total Professional Experience in Handling 10
Highway Projects
<15 years – 0 Marks
15 Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract -

< 5 years - 0 marks

5 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.

25
2.3 Experience in similar capacity in preparation of 20
Detailed Project Report/ Feasibility Study cum
Preliminary Design Report of 2/4/6 laning
Flyover/ROB/RUB/Elevated Highway Project
having continuous viaduct length 1000m or more
( 2 lane equivalent) in a single project:-

1 project -15 marks

Add 1 mark extra for additional projects subject
to maximum 5(five) marks.
2.4 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract for 2/4/6 laning
Flyover/ROB/Bridge/Elevated corridor/ Viaduct/
Extra- dosed cable stayed Flyover/ Bow string
Flyover/ /precast segmental Flyover/ Balanced
Cantilever having continuous Viaduct length
1000 m or more( 2 lane equivalent).

1 projects – 15 marks
Add 1 marks extra for each additional project
subject to maximum 5 (five) marks.
3 Employment with the Firm 5
< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks
Total: 100

Note:-

1. Similar Capacity includes the following positions

i) On behalf of Consultant: Team Leader/Sr. Bridge Engineer/Highway Engineer/
Resident Engineer (Construction Supervision/IE/AE/DPR).
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 S. No. 2.3 where the input of
the personnel is not < 6 months.

3. Only those projects will be considered for evaluation at S. No. 2.4 where the input of
the personnel is not < 12 months.

26
 2.2 Deputy Team Leader

Reference/ Marks
Description Max Details of self-
S.No.
Marks projects assessed
claimed by the
for self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 17
1.2 Post-Graduation in Construction/ Transportation 4
/ Highway Engineering / Structural Engineering
or equivalent specialized stream of civil
engineering
1.3 Membership of Professional Institutions /Society 4
2 Adequacy for the Project 70
2.1 Total Professional Experience in Handling 10
Highway Projects
<12 years – 0 Marks
12Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract -

< 5 years - 0 marks

5 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.
2.3 Experience in similar capacity in preparation of 20
Detailed Project Report/ Feasibility Study cum
Preliminary Design Report of 2/4/6 laning
Flyover/ROB/RUB/Elevated Highway Project
having continuous viaduct length 300m or more (
2 lane equivalent) in a single project: -

1 project -15 marks

Add 1 mark extra for additional projects subject
to maximum 5 (four) marks.

27
 2.4 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract for 2/4/6 laning
Flyover/ROB/Bridge/Elevated corridor/ Viaduct/
Extra- dosed cable stayed Flyover/ Bow string
Flyover/ /precast segmental Flyover/ Balanced
Cantilever having continuous Viaduct length 300
m or more ( 2 lane equivalent).
1 projects – 15 marks
Add 1 marks extra for each additional project
subject to maximum 5 (four) marks.
3 Employment with the Firm 5
< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks
Total: 100

Note:-

1. Similar Capacity includes the following positions

i) On behalf of Consultant: Team Leader/Sr. Bridge Engineer/Highway Engineer/
Resident Engineer (Construction Supervision/IE/AE/DPR).
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 S. No. 2.3 where the input of
the personnel is not < 6 months.

3. Only those projects will be considered for evaluation at S. No. 2.4 where the input of
the personnel is not < 12 months.

2.3 Resident Engineer

Reference/ Marks
Description Max Details of self-
S.No.
Marks projects assessed
claimed by the
for self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 19

28
1.2 Post-Graduation in Construction/ Transportation 4
/ Highway Engineering / Structural Engineering
or equivalent specialized stream of civil
engineering

1.3 Membership of Professional Institutions /Society 2

2 Adequacy for the Project 70
2.1 Total Professional Experience in Handling 10
Highway Projects
<12 years – 0 Marks
12Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract -

< 5 years - 0 marks

5 – 10 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.
2.3 Experience in similar capacity in Project 40
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer/
Construction Projects for 2/4/6 laning
Flyover/ROB/Bridge/Elevated corridor/ Viaduct/
Extra- dosed cable stayed Flyover/ Bow string
Flyover/ /precast segmental Flyover/ Balanced
Cantilever having continuous Viaduct length 300
m or more ( 2 lane equivalent).
1 projects – 20 marks
Add 5 marks extra for each additional project
subject to maximum 20 (twenty) marks.
3 Employment with the Firm 5
< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks
Total: 100

29
 Note:-

1. Similar Capacity includes the following positions

i) On behalf of Consultant: Highway Engineer/ Resident Engineer / ARE
(Construction Supervision/IE/AE).
ii) On behalf of Contractor: Project Manager (Construction/Construction
Supervision)
iii) In Government Organizations: Executive Engineer (or equivalent) and above

2. Only those projects will be considered for evaluation at S. No. 2.3 where the input of
the personnel is not < 12 months.

2.4 Structural Engineer cum Bridge Engineer (SE-BE)

Reference/ Marks
Details of self-
Description Max projects assessed
Marks claimed by the
S.No.
for self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 19
1.2 Post-Graduation in Construction/ Transportation 4
/ Highway Engineering / Structural Engineering
or equivalent specialized stream of civil
engineering
1.3 Membership of Professional Institutions /Society 2
2 Adequacy for the Project 70
2.1 Total Professional Experience in Handling 10
Highway Projects
<12 years – 0 Marks
12Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract -

< 5 years - 0 marks

5 – 10 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.

30
 2.3 Experience in similar capacity in Project 40
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer/
Construction Projects for 2/4/6 laning
Flyover/ROB/Bridge/Elevated corridor/
Viaduct/ Extra- dosed cable stayed Flyover/ Bow
string Flyover/ /precast segmental Flyover/
Balanced Cantilever having continuous Viaduct
length 300 m or more (2 lane equivalent).

1 projects – 20 marks
Add 5 marks extra for each additional project
subject to maximum 20 (twenty) marks.
3 Employment with the Firm 5
< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks

Total: 100

Note:-

1. Similar Capacity includes the following positions

i) On behalf of Consultant: Structural Engineer/ Bridge Engineer/ Resident
Engineer (Construction Supervision/IE/AE/DPR).
ii) On behalf of Contractor: Project Manager (Construction/Construction
Supervision)
iii) In Government Organizations: Executive Engineer (or equivalent) and above

2. Only those projects will be considered for evaluation at S. No. 2.3 where the input of
the personnel is not < 12 months.

2.5 Senior Quality cum Material Expert

Reference/ Marks
Description Max Details of self-
S.No.
Marks projects assessed
claimed By the
for self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 19

31
 1.2 Post-Graduation in Construction/ 4
Transportation / Highway Engineering /
Structural Engineering or equivalent specialized
stream of civil engineering
1.3 Membership of Professional Institutions 2
/Society
2 Adequacy for the Project 70
2.1 Total Professional Experience in Handling 10
Highway Projects
<12 years – 0 Marks
12Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract -

< 5 years - 0 marks

5 – 10 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.
2.3 Experience in similar capacity in Project 40
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer/
Construction Projects for 2/4/6 laning Road
Project/Flyover/ ROB/Bridge/Elevated corridor/
Viaduct/ Extra- dosed cable stayed Flyover/ Bow
string Flyover/ Precast segmental Flyover/
Balanced Cantilever. Project cost not less than
INR 125 Cr.
1 projects – 30 marks
Add 2.5 marks extra for each additional project
subject to maximum 10 (ten) marks.
3 Employment with the Firm 5
< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks
Total: 100

Note:-

1. Similar Capacity includes the following positions

i) On behalf of Consultant / Contractor: Quality Expert/ Material Engineer/ Material
Expert/ Quality Engineer/ Geo-Technical Expert.
32
 ii) In Government Organizations: Executive Engineer (or equivalent) and above

2. Only those projects will be considered for evaluation at S. No. 2.3 where the input of
the personnel is not < 12 months.

2.6 Senior Contract Specialist (SCS)

S.No. Reference/ Marks

Details of self-
Description Max projects assessed
Marks claimed for by the
self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 19
1.2 Post-Graduation Degree in Law/PG in 4
Management/ Certificate course in Management/
Certificate course in construction Management/
Certificate course in contract management.
1.3 Membership of Professional Institutions /Society 2
2 Adequacy for the Project 70
2.1 Total Professional Experience of Contract 10
Management.
<12 years – 0 Marks
12 Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience as Contract Specialist on any 20
National / State Highway project -

< 5 years - 0 marks

5 – 10 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.
2.3 Experience in similar capacity in Project 30
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer/
Construction Projects for 2/4/6 laning Road
Project/Flyover/ ROB/Bridge/Elevated corridor/
Viaduct/ Extra- dosed cable stayed Flyover/ Bow
string Flyover/ Precast segmental Flyover/
Balanced Cantilever. Project cost not less than
INR 125 Cr.
1 projects – 20 marks
Add 2.5 marks extra for each additional project
subject to maximum 10 (ten) marks.

33
 2.4 Experience of Handling Arbitration cases in 10
respect of any Highway Project.

1 projects – 8 marks
Add 1 marks extra for each additional project
subject to maximum 2 (two) marks.

3 Employment with the Firm 5

< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks

Total: 100

2.7 Road Safety Expert

Reference/
Max Marks
S.No. Description Details of
Points self-
projects
assessed
claimed for by the
self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 21
1.2 Post-Graduation in Traffic/ Transportation/
Safety Engineering/15 days safety training
04
course or equivalent
2 Adequacy for the Project 70

2.1 Total Professional Experience in Handling 10

Highway Projects
<12 years – 0 Marks
12Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.

Experience in similar capacity in Road Safety 20

work on the Project Supervision/ Independent
Consultant/ Independent Engineer/ Authority’s
2.2
Engineer Consultancy contract -

< 5 years - 0 marks

5 – 10 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.

34
 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer/
2.3 Construction Projects for 2/4/6 laning Road
Project/Flyover/ ROB/Bridge/Elevated corridor/
Viaduct/ Extra- dosed cable stayed Flyover/ Bow
string Flyover/ Precast segmental Flyover/
Balanced Cantilever. Project cost not less than
INR 125 Cr.
1 projects – 15 marks
Add 2.5 marks extra for each additional project
subject to maximum 5 (five) marks.
Experience in similar capacity for preparing
Road Safety Management Plans for Inter Urban
2.4 Highway/ Flyover/ROB/Bridge/ interchanges 10

1 Project – 7 marks
Add 1 Mark extra for each additional project
subject to maximum 3 (three) marks.

Experience in similar capacity in field of Road

Safety audit and implementation Plan
2.5
10
1 project – 7 marks
Add 1 marks extra for each additional project
subject to maximum 3 (three) marks.

Employment with the Firm

< 1 year – 0
3 5
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks

Total: 100

Note:

1. Similar Capacity includes the following positions

(i) On behalf of Consultant/Contractor: Road Safety Expert/ Traffic Expert/Transport

Engineer

(ii) In Government Organizations: Executive Engineer (or equivalent) and above

2. Only those projects will be considered for evaluation at S. No. 2.3, 2.4 & 2.5 where the
input of the personnel is not < 6 months.

35
 2.8 Senior Quantity surveyor (SQS)

Reference/ Marks
Details of self-
Description Max projects assessed
Marks claimed for by the
S.No.
self- bidder
assessment
1 General Qualification 25
1.1 Graduate in Civil Engineering 17
1.2 Post-Graduation in Construction/ 4
Transportation / Highway Engineering /
Structural Engineering or equivalent specialized
stream of civil engineering
1.3 Membership of Professional Institutions/Society 4
2 Adequacy for the Project 70
2.1 Total Professional Experience in Handling 10
Highway Projects
<12 years – 0 Marks
12Years – 7 Marks
Add 1 mark extra for each additional year of
experience subject to maximum 3 (three) marks.
2.2 Experience in similar capacity in Project 20
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer
Consultancy contract -

< 5 years - 0 marks

5 – 10 years -15 marks
Add 1 mark extra for each additional year of
experience subject to maximum 5 (five) marks.
2.3 Experience in similar capacity in Project 40
Supervision/ Independent Consultant/
Independent Engineer/ Authority’s Engineer/
Construction Projects for 2/4/6 laning Road
Project/Flyover/ ROB/Bridge/Elevated corridor/
Viaduct/ Extra- dosed cable stayed Flyover/
Bow string Flyover/ Precast segmental Flyover/
Balanced Cantilever. Project cost not less than
INR 125 Cr.
1 projects – 30 marks
Add 2.5 marks extra for each additional project
subject to maximum 10 (ten) marks.

36
3 Employment with the Firm 5
< 1 year – 0
1 year – 3 marks
Add 1 marks for each subsequent year subject to
maximum 2 (two) marks
Total: 100
Note:

1. Similar Capacity includes the following positions

(i) On behalf of Consultant/Contractor: Senior Quantity Surveyor / Quantity Surveyor

(ii) In Government Organizations: Executive Engineer (or equivalent) and above

2. Only those projects (in numbers) will be considered for evaluation above, where the
input of the personnel is not < 12 months.

Note applicable to all key personnel:

1. The Consultants to ensure that their key personnel should have been registered their
CV’s on INFRACON PORTAL. Only ‘Verified’, ‘Verified with Remarks’ and
“Verification under Process” Category CVs on INFRACON PORTAL shall be
evaluated. In case of candidates whose CVs are shown as “Verification under
Process” , are found to be unfit on the Portal, then the consultant shall inform the
authority immediately and make suitable substitution as per the contract.

2. Proof of Educational Qualification Degree and documentary evidence for proof of

age, Employment with the Firm and Membership of Professional Institutions/Society
should be enclosed in the technical proposal.

3. In case of experience on behalf of Authority’s Engineer or Contractor, the experience

shall be duly endorsed by the respective officers of rank not below the executive
engineers of Government agency. In case of non-availability of endorsement from
Govt. Agency, the experience uploaded on Infracon Portal will be taken into
consideration after verification from issuing authority. However, the key personnel/
bidder will be solely responsible for any fake information/ CV, which will result in
debarment of the personnel and firm. Original certificate/Marksheet may be verified
during review/as required by the authority.

37
 SECTION 3: FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS

The proposal should contain the following information in enclosed format attached at Appendix A.

 Year of Establishment of Firm

 Average annual turnover (last three years)

Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last three
years [FY 2020-21, FY 2021-2022 and FY 2022-2023]. 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 etc.

38
 Appendix A

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

i. Name of the package applied for:-

ii. Year of establishment of firm*

Consultant Year of Country Type of Organization

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

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

*Copy of Certificate of incorporation shall be submitted.

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

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

Sl. No. Particular <2020-21> <2021-22> <2022- 23>

i. Annual turnover from Consulting
services/ business
ii. Total Assets

iii. Current Assets

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

a. The amount shall be stated in INR (Consider 1US Dollar = INR 82.94 And 1 Euro =
INR 90) (This will be the exchange rates as per Reserve Bank of India rounded off to
nearest Rupee applicable at the time of RFP invitation).
b. The currency conversion rate for the respective years shall be mentioned for other
International currencies.

39
 vii. Experience as Authority Engineer/Independent Consultant/Construction supervision of
Highway projects, separately for PPP and non-PPP Projects during the last 7 year ***

S Projects Type of Description Client Total Fee for Fee received by %age of Approx. Period
No Name / Services of (with the Applicant (in total fee Cost of
Year rendered Highway complete Consultancy case of received Highway
Sole Project/ address, Assignment JV/Association) by the Project
Consultant/ Length contact (INR) firm
Prime (kms) person,
Consultant Telephone
of JV / Nos. and
minor Fax Nos.)
Authority’s
Engineer of
JV/ /as
associate
consultant
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed projects (more than 90%):
1.
2.
3.
B. Projects in progress:
1.
2.
3.

viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report preparation of
2/4/6 laning / Bridge Highway Projects separately for the PPP and non-PPP projects
during the last 7 year ***

S Projects Name / Type Length Client Total Fee for Fee received %age of Period
No Year of of (with the by Applicant total fee
Sole Consultant/ Services Project Complete Consultancy (in case of JV/ received
Prime Rendered (kms) address, Assignment Association) by the
Consultant of JV / contact (INR) case of JV) firm
minor person,
Authority’s telephone
Engineer of JV/ Nos. and
/as associate Fax Nos.)
consultant
1 2 3 4 5 6 7 8 9

a. Project, or Similar projects means as given in note 1 of Clause 10.1 of Data sheet.
b. Only those projects, to be included in the table which are Flyover/ROB/RUB/Elevated
Highway Projects and for which client’s certificates from the concerned Government
agencies /BOT Concessionaire are enclosed with the proposal.
c. The details of Flyover/ROB/RUB/Elevated Highway having viaduct length is equal or
more than 1000m in (2 lane equivalent) the listed projects is to be specifically
mentioned.
40
 ix. Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be
given in the following format:

S. Name of Client Role of the Date of Date of Present Team Members

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

Key Personnel Number of key personnel employed

Sole Applicant (Lead JV (1)
Member in case of JV)
Team Leader cum Senior Bridge Engineer-1
Dy. Team leader-1
Resident cum Highway Engineer-4
Structural Engineer cum Bridge Engineer (SE-BE)-1
Senior Quality cum Material Expert-1
Senior Contract Specialist-1
Road Safety Expert-1
Sr. Quantity Surveyor-1

41
 SECTION 4: FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.

Appendix B-2 Site Appreciation
Appendix B-3 Approach paper on methodology for performing the assignment
Appendix B-4 Facility for field investigation and testing
Appendix B-5 Composition of the Team and Task(s) of each Team member
Appendix B-6 Curriculum vitae of proposed Professional staff.
Appendix B-7 Time schedule for deployment of Professional staff
Appendix B-8 Activity (works) schedule.
Appendix B-9 Affidavit – Correctness of Experience claimed by the Firms
Appendix B-10 Integrity Pact

42
 APPENDIX B -1-Technical proposal submission form.

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

Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as Authority
Engineer for the EPC work.

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.

Our Proposal is binding upon us. 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

43
 APPENDIX B-2: SITE APPRECIATION

Shall give details of site as per actual site visit and data provided in RFP and collected from site
supported by photographs to demonstrate that responsible personnel of the Authority’s Engineer
have actually visited the site and familiarized with the salient details/ complexities and scope of
services.

44
 APPENDIX B-3: APPROACH PAPER ON METHODOLOGY FOR PERFORMING
THE ASSIGNMENT

The approach and methodology will be detailed precisely under the following topics.

1) Methodology for services, surveying, road condition data collection and analysis [not
more than 2 pages]

2) Key challenges foreseen and proposed solutions in carrying out the assignment [not more
than 1page]

3) Quality Audit methodology including Quality Assurance Plan [not more than 6 pages]

45
 APPENDIX B-4 : FACILITY FOR FIELD INVESTIGATION AND
TESTING

1. State whether applicant has in-house (created in house at site)/ outsourced/ not
available facility for
 Surface defects detection and roughness measurement using Network Survey
Vehicle
 Pavement strength measurement using FWD
 Bridge inspection using Mobile Bridge Inspection Unit
 Road signs inspection using Retro Reflectometer
2. In-case answer to 1 is available (created in house at site) a list of field investigation and
testing equipment is to be attached

3. In case answer to 1 is outsourced/not available – arrangements made or proposed to be

made for each of the above field investigations is to be attached

4. For experience in NSV, FWD, MBIU and reflectometer, references need to be provided
in the following format:

REFERENCES

Relevant Services Carried Which Best Illustrate Qualifications

The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the major
companies within a consortium, was legally contracted by the client:

Assignment Name: Country:

Location within Country: Professional Staff Provided by your firm:
Name of Client : No. of Staff :
Address : No. of Staff Months :
Technology Used:
Start Date Completion Date Approx. Value of Services in INR/current USD):
(Month / Year) (Month / Year)
Name of JV/Association Firm(s)if any: No. of Months of Professional Staff provided by
Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:

Signature of Authorised Representative

(Certificate from Employer regarding experience should be furnished)

46
 APPENDIX B-5: COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S)
OF EACH TEAM MEMBER

2. Technical/Managerial Staff
Sl. No. Name Position Task
1

i. Support Staff

Sl. No. Name Position Task

1

47
 APPENDIX B-6 : FORMATOF CURRICULUM VITAE (CV) FOR PROPOSED
PROFESSIONAL STAFF

Photograph
Proposed Position: …………………………………………………..
Name of Firm: ………………………………………………………..
Name of Staff: ........................................................................................
Infracon ID ……………………………………………………………
Profession: ..............................................................................................
Date of Birth(Proof to be enclosed):…………………………………..
Years with Firm/Entity: ..........................................................................
Nationality: .............................................................................................
Membership of Professional Societies (Proof to be enclosed):...............

Detailed Task Assigned: Please attach printout of CV along with all the relevant details.

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 MPRDC or
any other central/stage government organization nor left any assignment with the consultants engaged
by Employer / contracting firm (firm to be supervised now) for any continuing work of Employer
without completing my assignment. I will be available for the entire duration of the current project
(named………....). If I leave this assignment in the middle of the work, Employer would be at liberty
to debar me from taking any assignment in any of the Employer works for an appropriate period
of time to be decided by the Employer. I have no objection if my services are extended by the
Employer for this work in future.

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

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

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

domain.

48
For Key Personnel having intermittent inputs, add the following:

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

Name of Assignment Client Date of Likely start Likely end Total input of the
LOA (Month / Year) (Month / Year) person (man-
months)

………………………………………………………
Date
(Signature of Key Personnel) (Day/Month/Year)

The Authority’s Engineer should carryout self-evaluation based on the evaluation criteria at
Appendix-EC and furnish the same here. While submitting the self-evaluation along with bid,
Authority’s Engineer shall make references to the documents which have been relied upon in his self-
evaluation.

Certification by the firm

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

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

[Signature of authorized representative of the Firm]

49
 APPENDIXB-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

A. Activity Schedule

Sl. Name Position Month wise Program (in form of Bar Chart)
No. [1 , 2nd, etc. are months from the start of assignment]
st
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th and Number of
subsequent Months
year
1 Subtotal(1)
2 Subtotal(2)
3 Subtotal(3)
4 Subtotal(4)
- -
- -

50
 APPENDIXB-8: ACTIVITY (WORKS) SCHEDULE

B. Activity Schedule

Month wise Program (information of Bar Chart)

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

Sr.No. Item of Activity 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
(Works)
1 ...............................
.................
2 ...............................
.................
3 ...............................
.................
4 ...............................
.................
- ...............................
.................
- ...............................
.................
C. Completion and Submission of Reports

Sr.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

Completion Report
 APPENDIX B-9: 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 Authority’s Engineer

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

52
 APPENDIX B-10: INTEGRITY PACT

(To be executed on plain paper and submitted along with Technical Bid/Tender documents for tenders
having a value between INR 5 Cr and INR 100 Cr. To be signed by the bidder and same signatory
competent/ authorized to sign the relevant contract on behalf of the MPRDC

Tender No.

This integrity Pact is made at on this day of 2024

Between

MPRDC, 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
“Authority Engineer Services for the project of ******in the State of MP on ****** mode”.
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 of immaterial benefit which the person is not legally
entitled to.

b. The Principal will, during the tender process treat all Bidder(s) with equity and reason.
The Principal will in particular, before and during the tender process, provide to all
Bidder(s) the same information and will not provide to any Bidder(s)

53
 confidential/ additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.

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

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

Article – 2 Commitments of the Bidder(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

54
 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 any
outside influence through any Govt. bodies/quarters directly or indirectly on the
bidding process in furtherance of his bid.

Article – 3 Disqualification from tender process and exclusion from future

contracts.

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.

2. If the Bidder/ Contractor/ Concessionaire/ Authority’s Engineer 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/ Authority’s Engineer 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/ Authority’s Engineer
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/ Authority’s Engineer 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/ Authority’s Engineer shall
be final and binding on the Bidder/ Contractor/ Concessionaire/ Consultant.

55
6. On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder/ Contractor/ Concessionaire/ Authority’s Engineer 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/ Authority’s Engineer could be revoked by the Principal if the Bidder/
Contractor/ Concessionaire/ Authority’s Engineer 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 Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money Deposit/
Bid Security or demand and recover the damages equivalent to Earnest Money Deposit/ Bid
Security (equivalent to 1% of Contract Price) apart from any other legal right that may have
accrued to the Principal.

2. In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor/ Concessionaire/ Authority’s Engineer
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 or with any other
Public Sector Enterprise/ Undertaking in India or any Government Department in India that
could justify his exclusion from the tender process.

2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action for his exclusion can be taken as mentioned under Article-3 above for
transgressions of Article-2 and shall be liable for compensation for damages as per Article-4
above.

Article-6 Equal treatments of all Bidders/ 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 with all
Bidders/ Contractors/ Concessionaires/ Consultants and Subcontractors

56
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 Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s)/ Sub-contractor(s).

If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/ Authority’s

Engineer or Subcontractor, or of an employee or a representative or an associate of a Bidder/
Contractor/ Concessionaire/ Authority’s Engineer 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 i.e. for projects funded by
Principal and consultancy services). It expires for the Contractor/ Authority’s Engineer 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 Chief
Engineer MPRDC .

Article – 10 Other Provisions.

1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. ........

2. Changes and supplements as well as termination notices need to be made in writing.

3. If the Bidder/Contractor/Concessionaire/Authority’s Engineer is a partnership or a

consortium, this pact must be signed by all partners or consortium member.

4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.

5. 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.

57
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-

(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Authority’s
Engineer)
(Office Seal )
Place
Date

Witness 1 :
(Name & Address):

Witness 2 :
(Name & Address):

58
 SECTION5: 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

59
 APPENDIX C-1: FINANCIAL PROPOSAL SUBMISSION FORM

FROM : (Name of Firm) TO : MD MPRDC

Subject :

We, the undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated [Date], and our proposal. Our attached financial proposal is for the sum
of [Amount in words and figures]. This amount is exclusive of the local taxes which we have estimated
at (Amount in Words and Figures).

Our financial proposal shall be binding upon us upto 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
60
 APPENDIX C-2: SUMMARY OF COSTS

No. Description Amount (INR)

I Remuneration for Professional Staff & Sub-Professional Staff
II Supporting Staff
III Out of Pocket Expenses (Fixed Rent/Costs)
IV Office Expenses -
a Office Rent (Fixed Costs)
b Duty Travel to Site (Fixed Costs)
c Office Supplies, Utilities and Communication
d Office Furniture and Equipment (Rental) Printing
e Reports and Document Printing
Total (excluding GST)
Note:
 Goods & Service tax as applicable shall be paid to the Consultant/AE
separately
 Payments will be made as per stipulations of the Conditions of Contract.

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 APPENDIX C-3: BREAKDOWN OF LOCAL CURRENCY COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF

No. of man-
S.
Position No. Rate months* Amount
No.
Professional Staff
1 Team Leader 1 30
2 Dy. Team Leader 1 30
3 Resident Engineer 4 26
4 Structural Engineer cum Bridge 1 26
Engineer (SE-BE)
5 Senior Quality cum Material Expert 1 30
6 Senior Contract Specialist 1 30
7 Road Safety Expert 1 30
8 Sr. Quantity Surveyor 1 30
Sub – Total 11
Sub-professional
1 ARE/Bridge/Structural Engineer 9 26
2 Quantity Surveyor cum Billing 4 26
Engineer
3 Survey Engineer 9 26
4 Field Engineer 9 26 Intermittent
inputs
5 Electrical Engineer 2 9 Intermittent
inputs
6 Environmental Engineer 1 9
7 Lab Assistant 9 26
Sub total 43
Total 53
Note : Professional shall be increased/decreased as per ground requirement.

II. Support Staff

S.
Name of position Number Staff Months Billing Amount ()
No
Rate ()
1 Office Manager 1+1 30
2 Accountant cum Cashier 1 30
3 Steno cum Computer Operator 11 30
4 Office Boy 11 30
Total 25

Note : Billing rates as indicated above shall be increased in accordance of clause 6.2(a) Special
Conditions of Contract for the personnel of all categories namely (i) key Personnel; (ii) sub- Professional
personnel and (iii) Support staff. The increase as above shall be payable only on the remuneration part
of Key Personnel, Sub-Professional Personnel and support staff. However, for evaluation of Bid
proposals, the quoted initial rate shall be multiplied by the total time input for each position on this
contract, i.e. without considering the increase in the billing rates.
66
 III. Out of Pocket Expenses: (Fixed Rent/Costs)

Particulars Total nos. Consulting Rate/ Amount Remarks

period month
OR
Rate/
report
Car rentals* 6 30 For
1 1 vehicle for Team Leader and TL/Deputy TL
vehicle for Resident Engineer office. .
4 26 For RE office
as per
requirement
Office supplies, drafting 1+1 30
2 supplies, Computer running
costs, Domestic and
International communication
Office Furniture and As per the 30
3
Equipment (Rental)** requirements
of TL (1)
For RE offices 26
(4)

* DTL of RE at Indore shall share their office for the supervision of all the works in and around Indore.
The vehicles provided by the Consultants shall include the cost for rental, drivers, operation,
maintenance, repairs, insurance, etc. For all complete approx. 3000 km/ month run.

**Office space shall be utilized/started/closed as per ground requirement after the consent from the
competent authority.

*** The cost shall include rental charges towards all such furniture and equipment as required for proper
functioning of office. Office furniture shall include executive tables, chairs, visitor chairs, steel
almirahs, computer furniture, conference table etc. Office equipment shall include as a minimum of
telephone (2 external & 10 internal lines), photocopier (15ppm,12000 copies per month with A3 & A4
input) fax machine, PCs (5 No., Intel Core 2 Duo E8300, 19’’ color TFT, Cache-6MB, RAM-2 GB,
HDD-250 GB, DVD Writer, Key board, optical scroll mouse, MS Windows Vista Business, pre-loaded
anti-virus etc.), laser printers (2 no., 14 ppm, 266 MHZ, 5000 pages per month, 600x600 dpi or better
etc., Engineering Plan printer (1no.), binding machine (1no.),plotter A0 size, overhead projector, AC
(4no.,1.5 Ton), Water Coolers (as required) etc.

IV. Office Rent (Fixed Costs) - Minimum 200 sqm area of office shall be rented.
a. The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc.
complete.
No. of offices * No. of months Rate/ month Amount Remarks
01 30 For TL office
04 26 For RE and DTL office
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* Office space shall be utilized/started/closed as per ground requirement after the consent from the
competent authority.
b. Duty Travel to Site (Fixed Costs) (For all projects): Professional and Sub-Professional
Staff

Trips Number of Trips Rate* Amount

* Rate quoted includes Hotel charges, travel cost etc. complete.

c. Office Supplies, Utilities and Communication (Fixed Costs)
No Item Months Monthly Rate Amount in INR
1. Office Supplies 26
2. Drafting Supplies 26
3. Computer Running Costs 30
4. Domestic and International Communication 30
d. Office Furniture and Equipment (Rental)
The cost shall include rental charges towards all such furniture and equipment as required for proper
functioning of office. Office furniture shall include executive tables, chairs, visitor chairs, steel Almira’s,
computer furniture, conference table etc. Office equipment shall include as a minimum of telephone (2
external & 10 internal lines), photocopier (15ppm, 12000 copies per month with A3 & A4 input) fax
machine, PCs (5 No., Intel Core 2 Duo E8300, 19’’ colour TFT, Cache-6MB, RAM-2 GB, HDD-250
GB, DVD Writer, Key board, optical scroll mouse, MS- Windows Vista Business, pre-loaded anti-virus
etc.), laser printers (2 no., 14 ppm, 266 MHZ, 5000 pages per month, 600x600 dpi or better etc.,
Engineering Plan printer (1 no.), binding machine (1 no.), plotter A0 size, overhead projector, AC (4
no., 1.5 Ton), Water Coolers (as required)etc.

Nos. of Months Rate/month Amount Remarks

134 30x1 for TL office and
26x4 for RE office
e. Reports and Document Printing

No. Description No. of No. of Copies Total Nos. of Rate per Amount
Reports per Report copies Copy ( )
1 Monthly reports 120 3 360
(Design and Construction)
2 Half yearly Reports 4 3 12
3 Various others reports as provided in Lumpsum
the contract Agreement such as
Completion Report
Total

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 SECTION6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER

[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement dated-----
- entered between Authority and --------(the Contractor) for the work of .............. from km---
- to ---- of NH No.------- in the State of -------------- on Engineering, Procurement and
Construction (EPC) basis].

1. Scope

1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified
pursuant to the EPC Agreement dated........... (the “Agreement”), which has been
entered into between the Authority and ............. (the “Contractor”) for [Two-Laning] of the
**** section (km ** to km**) of National Highway No. ** in the State of *** on
Engineering, Procurement, Construction (EPC) basis, and a copy of which is annexed hereto
and marked as Annex-A to form part of this TOR.

1.2 The TOR shall apply to construction of the Project Highway.

2 Definitions and interpretation

2.1 The words and expressions beginning with or in capital letters and not defined herein but
defined in the Agreement shall have, unless repugnant to the context, the meaning
respectively assigned to them in the Agreement.

2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be reference to the Articles, Clauses and Schedules
of the Agreement, and references to Paragraphs shall be deemed to be references to
Paragraphs of this TOR.

2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply,
mutatis mutandis, to this TOR.

3 General

3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good Industry
Practice.

3.2 The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior written
approval of the Authority before determining.

(a) any Time Extension.

(b) Any additional cost to be paid by the Authority to the Contractor;
(c) The Termination Payment; or
(d) Any other matter which is not specified in (a), (b) or (c) above and which creates an
obligation or liability on either Party for a sum exceeding INR 50,00,000 (Fifty lakh.)

69
3.3 The Authority’s Engineer shall submit regular periodic reports, once every month, to the
Authority in respect of its duties and functions under this Agreement. Such reports shall be
submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month.

3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and
responsibilities to its suitably qualified and experienced personnel; provided, however, that it
shall not delegate the authority to refer any matter for the Authority’s prior approval in
accordance with the provisions of Clause 18.2 EPC Agreement.

3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of
Scope under Article 13.

3.6 In the event of any disagreement between the Parties regarding the meaning, scope and nature
of Good Industry Practice, as set forth in any provision of the Agreement, the Authority’s
Engineer shall specify such meaning, scope and nature by issuing a reasoned written
statement relying on good industry practice and authentic literature.

4. Role and responsibility of Officers of the Authority

The officer in-charge of the Authority i.e. Chief Engineer, MPRDC is responsible for the
overall supervision and monitoring of the execution of project as the representative of the
owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying
out the functions as detailed under clause 18.2 of the EPC Agreement. As such, an officer of
the Authority is vested with all such powers and responsibilities as are enjoined upon the
Authority's Engineer and is fully competent to issue any instructions for proper monitoring
and supervision of the project, either by himself or through the Authority's Engineer.
Instructions issued by the concerned officer of the Authority shall have the same effect as
that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer
issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the
Authority's Engineer.

5 Construction Period

5.1 During the Construction Period, the Authority’s Engineer shall review and approve the
Drawings furnished by the Contractor along with supporting data, including the geo-
technical and hydrological investigations, characteristics of materials from borrow areas and
quarry sites, topographical surveys, and the recommendations of the Safety Consultant in
accordance with the provisions of Clause 10.1.6 of EPC Agreement. The Authority’s
Engineer shall complete such review and approve and send its observations to the Authority
and the Contractor within 15 (fifteen) days of receipt of such Drawings; provided, however
that in case of a Major Bridge or Structure, the aforesaid period of
15 (fifteen) days may be extended upto 30 (thirty) days. In particular, such comments shall
specify the conformity or otherwise of such Drawings with the Scope of the Project and
Specifications and Standards.

70
5.2 The Authority’s Engineer shall review and approve any revised Drawings sent to it by the
Contractor and furnish its comments within 10 (ten) days of receiving such Drawings. The
review/approval of drawing should be authenticated by Authority’s Engineer.

5.3 Quality Assurance Manual and Plan forms the basis of quality of the work. It is therefore
essential that the Quality Assurance Manual and Plan prepared by the Concessionaire be
checked and approved. Thus, the Authority’s Engineer shall check contents of Quality
Assurance Plan and Manual of Concessionaire as per requirements of Quality Management
System (as per ISO 9001), IRC: SP: 47-1998 and IRC: SP: 57-2000 for road bridges and roads
respectively. The Authority’s Engineer Authority’s Engineer shall also offer their comments
for modifying/ improving the document. After receiving the corrected document, the
Authority’s Engineer shall review and formally approve the QAM and Quality Plan and send
one copy to the Authority. The Authority’s Engineer shall complete the review of the
methodology proposed to be adopted by the Contractor for executing the Works, and convey
its comments to the Contractor within a period of 10 (ten) days from the date of receipt of the
proposed methodology from the Contractor.

5.4 The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing lane(s) of the
Project Highway/RoB/RUB/Elevated corridor for purposes of maintenance during the
Construction Period in accordance with the provisions of Clause 10.4 EPC Agreement.

5.5 The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the contractor within
7 (seven) days of receipt of such report.

5.6 On a daily basis, the concerned key personnel of Authority Engineer shall inspect the
Construction Works. Following activities need to be undertaken during the visits.

(i) Review of construction including progress, quality and safety of construction

(ii) Inspection of defects and deficiencies in construction works
(iii) Witnessing quality inspection tests at labs established by Concessionaire on a
sample basis
Review of quality of work shall be done in reference to Quality Assurance Plan
(QAP)/Manual and ISO 9001:2008, IRC: SP: 47-1998 and IRC: SP: 57-2000 for road bridges
and roads respectively. The Authority’s Engineer also needs to capture following documents
and send to Chief Engineer MPRDC, Bhopal office via email on a daily basis
1. Scanned copy of filled RFI (Request for Inspection) form including commentary on
‘Satisfactory/Unsatisfactory ‘nature of work completed by Concessionaire
2. Daily inspection report Preformat as provided in Annexure I Readings of quality
inspection tests witnessed by the Consultant
3. Minimum 6 high resolution photographs supporting the remarks made by the
Authority’s Engineer in RFI form

68
 Team Leader will be responsible for sending daily emails to Chief Engineer, MPRDC
Bhopal office

5.7 On a monthly basis, the Authority Engineer shall prepare a Monthly Inspection Report
in accordance with the format prescribed in Annexure V setting forth an overview of the
status, progress, quality and safety of construction, including the work methodology adopted,
the materials used and their sources, and conformity of Construction Works with the Scope
of the Project and the Specifications and Standards. In a separate section of the Inspection
Report, the Authority Engineer shall describe in reasonable detail the lapses, defects or
deficiencies observed by it in the construction of the Project Highway. The Authority
Engineer shall send a copy of its Inspection Report to the Authority and the Concessionaire
latest by 7th of every month. Key sections of the Monthly Progress Report are as follows.

S No. Section Sub-Sections

1.1 Construction progress in current month
1.2 Summary of strip plan
1 Executive Summary
1.3 Detailed strip plan
1.4 Current issues and recommended actions by AE
2.1 Salient Features of the Project
2.2 Project Milestones
2 Project Overview
2.3 Location Map
2.4 Key Plan
Critical issues and Action 3.1 Pending issues and action log
3
log 3.2 Obligations as per contract
4 Physical Progress 4.1 Detailed physical progress by component
5.1 LA summary
5.2 LA detail by CALA
Land Acquisition and 5.3 LA detail by village
5
Clearances 5.4 Manpower with each CALA
5.5 Clearances summary
5.6 Status of utility shifting
6 Change of Scope 6.1 Status of pending COS proposals
7 Mobilization of Resources 7.1 Resource mobilization by contractor/ concessionaire
8.1 Pen picture- Escrow
8 Financial Progress Details
8.2 Escrow details
Summary of quality control 9.1 Tests witnessed by IE/AE
9
tests 9.2 Tests conducted by IE/AE
Monitoring of maintenance 10.1 Critical issues and action log
10 obligations during 10.2 Cumulative defects and deficiencies
construction phase 10.3 Status of damages
11.1 Pen picture on safety features at construction site
11 Safety features
11.2 Accident report
Annex 1: Detailed list of physical components as per
12 Annexures Schedule G
Annex 2 onwards: Additional details provided by AE

69
5.8 If at any time during the Construction Period, the Authority Engineer determines that the
Concessionaire has not made adequate arrangements for the safety of workers and Users in
the zone of construction or that any work is being carried out in a manner that threatens the
safety of the workers and the Users, it shall make a recommendation to the Authority
forthwith, identifying the whole or part of the Construction Works that should be suspended
for ensuring safety in respect thereof.

5.9 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s reports
and standard samples of manufactured Materials, and such other Materials as the Authority’s
Engineer may require.

5.10 For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, tests
at such time and frequency and in such manner as specified in the Agreement and in
accordance with Good Industry Practice for quality assurance. For purposes of this, the tests
specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction
of Roads and Runways) and the Specifications for Road and Bridge Works issued by
MORT&H (the “Quality Control Manuals”) or any modifications/substitution thereof shall
be deemed to be tests conforming to Good Industry Practice for quality assurance.

5.11 The Authority’s Engineer shall test check at least 60(sixty) percent of the quantity or number
of tests prescribed for each category or type of test for quality control by the Contractor.

5.12 The timing of tests referred to in Paragraph 5.10, and the criteria for
acceptance/rejection of their results shall be determined by the Authority’s Engineer in
accordance with the Quality Control Manuals. The tests shall be undertaken on a random
sample basis and shall be in addition to, and independent of, the tests that may be carried out
by the Contractor for its own quality assurance in accordance with Good Industry Practice.

5.13 In the event that results of any tests conducted under Clause 11.10 establish any Defects
or deficiencies in the Works, the Authority’s Engineer shall require the Contractor to carry
out remedial measures.

5.14 The Authority’s Engineer may instruct the Contractor to execute any work which is
urgently required for the safety of the Project Highway, whether because of an accident,
unforeseeable event or otherwise; provided that in case of any work required on account of a
Force Majeure Event, the provisions of Clause 21.6 of EPC Agreement shall apply.

5.15 In the event that the Contractor fails to achieve any of the Project Milestones, the
Authority’s Engineer shall undertake a review of the progress of construction and identify
potential delays, if any. If the Authority’s Engineer shall determine that completion of the
Project Highway is not feasible within the time specified in the Agreement, it shall require
the Contractor to indicate within 15 (fifteen) days the steps proposed to be take to expedite
progress, and the period within which the Project Completion Date shall be achieved. Upon
receipt of a report from the Contractor, the

70
 Authority’s Engineer shall review the same and send its comments to the Authority and the
Contractor forthwith.

5.16 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s
quality control records and documents before the Completion Certificate is issued pursuant
to Clause 12.2 of EPC Agreement.

5.17 Authority’s Engineer may recommend to the Authority suspension of the whole or part of the
Works if the work threatens the safety of the Users and pedestrians. After the Contractor has
carried out remedial measure, the Authority’s Engineer shall inspect such remedial measures
forthwith and make a report to the Authority recommending whether or not the suspension
hereunder may be revoked.

5.18 In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and users, and requires the Authority’s Engineer to inspect such works, the
Authority’s Engineer shall inspect the suspended works within 3 (three) days of receiving
such notice, and make a report to the Authority forthwith, recommending whether or not such
suspension may be revoked by the Authority.

5.19 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests
specified in Schedule-K and issue a Completion Certificate or Provisional Certificate as the
case may be. For carrying out is functions under this Paragraph 4.18 and all matters incidental
thereto, the Authority’s Engineer shall act under and in accordance with the provisions of
Article 12 and Schedule-K.
6 Deleted

7 Determination of costs and time

7.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are
required to be determined by it under the Agreement.

7.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.

7.3 The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5 of EPC Agreement.

8 Payments

8.1 The Authority’s Engineer shall withhold payments for the affected works for which the
Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer in
accordance with the provision of Clause 10.2.4 (d) of EPC Agreement.

8.2 Authority’s Engineer shall

71
 (a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 19.4, determine the amount due to the Contractor and
recommend the release of 90 (ninety) percent of the amount so determined as part
payment, pending issue of the Interim Payment Certificate; and
(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in
Clause 19.4, deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor, after adjustments
in accordance with the provisions of Clause 19.10 of EPC Agreement.

8.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the First stage
Maintenance Payment Statement from the Contractor pursuant to Clause 19.6 of EPC
Agreement, verify the Contractor’s statement and certify the amount to be paid to the
Contractor in accordance with the provisions of the Agreement.

8.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the receipt of the
final payment statement of Maintenance in accordance with the provisions of Clause 19.16
of EPC Agreement.

9 Other duties and functions

The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.

10 Miscellaneous

10.1 All key personnel and sub professional staff of the Authority Engineer shall use the
fingerprint based (biometric) attendance system for marking their daily attendance.
Attendance shall be marked at least once a day and anytime during the day. 1 Biometric
Attendance System shall be installed by the Authority Engineer at its own cost at the site
office in order to facilitate the attendance marking. More systems can be installed near the
project highway upto a maximum of 1 system per 50 km in order to encourage frequent visits
of project highway by key personnel and sub professional staff. A copy of monthly attendance
records shall be attached with Monthly Status Report. Proper justification shall be provided
for cases of absence of key personnel/ sub professional staff which do not have prior approval
from Project Director of concerned stretch

10.2 A copy of all communications, comments, instructions, Drawings or Documents sent by the
Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results
with comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s
Engineer to the Authority forthwith.

10.3 The Authority’s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as – built’ Drawings and keep them in its safe custody.

10.4 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall obtain
a complete set of as built Drawings in 2 (two) hard copies and in micro film form

72
 or in such other medium as may be acceptable to the Authority, reflecting the Project
Highway as actually designed, engineered and constructed, including an as-built survey
illustrating the layout of the Project Highway and setback lines, if any, of the buildings and
structures forming part of project Facilities; and shall hand them over to the Authority against
receipt thereof.

10.5 The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall
mediate and assist the Parties in arriving at an amicable settlement of any Dispute between the
Parties.

10.6 The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.

11. PERFORMANCE CLAUSE

Authority’s Engineers shall be expected to fully comply with all the provisions of the
`Terms of Reference’, and shall be fully responsible for supervising the Designs, Construction
and maintenance and operation of the facility takes place in accordance with the provisions
of the EPC Agreement and other schedules. Any failure of the Authority Engineer in
notifying to Employer and the Contractor on non-compliance of the provisions of the
E P C Contract Agreement and other schedules by the EPC Contractor, non-adherence to the
provision of ToR and non-adherence to the time schedule prescribed under ToR shall amount
to non-performance.

The Authority Engineer shall appoint its authorized representative, who shall issue on behalf
of the AE, Completion Certificate along with the Team Leader and shall carry out any such
task as may be decided by Employer. The AE shall take prior approval of Employer before
issuing Completion Certificate. The proposal submitted shall also include the name of the
authorized representative along with the authorization letter and power of attorney.

12. CONSULTANT’S PROPOSAL

12.1 List of key personnel to be fielded by the Consultants shall be as below:

a) List of key personnel to be fielded by the Consultants shall be as below:
i. Flyover/ROB/RUB/Bridge Project during construction period.
S. No Staff Position
1 Team Leader cum Senior Bridge Engineer– 1
2 Deputy Team Leader-1
3 Resident Engineer cum Bridge Engineer– 4
4 Structural Engineer cum Bridge Engineer (SE-BE)– 1
5 Senior Quality cum Material Expert – 1
6 Senior Contract Specialist – 1
7 Road Safety Expert – 1
8 Senior Quantity Surveyor-1
Total

73
Note:-
Deployment of personnel, establishments/ demobilization of offices shall be done as per the
direction of the authority and considering economy/ effectiveness after the award /completion of
project work.

12.2 Broad job-description and minimum qualification for key personnel mentioned above is
enclosed as Enclosure–B. However, higher marks shall be accorded to the Candidate with
higher relevant qualification and experience. All the CV’s of the personals mentioned in
Para5.3 (iii) of Data Sheet shall be evaluated at the time of evaluation of technical proposal.
The age of the Key Personnel should not be more than 65 years on the date of submission
of proposal. Consultants are advised in their own interest to frame the technical proposal in
an objective manner as far as possible so that these could be properly assessed in respect of
points to be given as part of evaluation criteria. The bio-data of the key personnel should be
signed on every sheet by the personnel concerned and the last sheet of each bio-data should
also be signed by the authorised signatory for the Consultant. The key personnel shall also
certify at the end of their bio- data proforma that they have not 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, E m p l o y e r would beat liberty to take any appropriate action against
that key personnel including debarment. The CV submitted by selected firm/JV shall be
hoisted on official website of Employer.

12.3 In addition to above, consultants are required to propose other key personnel, sub-
professional staff and other field engineers as detailed in Enclosure-A and the
minimum qualification requirements for the same is enclosed in Enclosure–B.

13. PERIOD OF SERVICES

13.1 The services of an Authority’s Engineer will be in phases as per Contract

Agreement.
13.1.1 The appointment of the Authority’s Engineer shall initially be as per details given
below.

Period of service (in Assignment period

months) (in months)
Construction Period 30 months (including rainy season)
Period as per Civil Contract
Agreement

The proposed manpower deployment for this period shall be matching the activities to be
performed during the said period. The time frame for services during the deployment of key
personnel during this period shall be as shown in Enclosure A. Extension of Time for
providing services of the Authority’s Engineer may be extended concurrently with the
Extension of Time granted, if any, to the EPC Contractor for the project, subject to
satisfactory performance of the Authority’s Engineer.

74
14. Project Coordinator

The Firm shall appoint a personnel from its head office to act as Project Coordinator for the
assignment. He will be authorised to communicate with the Authority in respect of all matters
pertaining to the project. The cost of the Project Coordinator shall be incidental to the
Consultancy Assignment.

75
 Enclosure-A
MAN- MONTHS INPUT FOR KEY PROFESSIONAL STAFF
AUTHORITY ENGINEER
(Flyover/ROB/RUB/Bridge Project)

S. No. of man-
No. Position No. Rate months* Amount
Const. Period of
24 months
Professional Staff
1 Team Leader 1 30
2 Dy. Team Leader 1 30
Resident Engineer cum Bridge 4 26
3
Engineer
4 Structural Engineer cum Bridge 1 26
Engineer (SE-BE)
5 Senior Quality cum Material Expert 1 30
6 Senior Contract Specialist 1 30
7 Road Safety Expert 1 30
8 Sr. Quantity Surveyor 1 30
Sub – Total 11
Sub-professional
1 ARE / Bridge / Structural Engineer 9 26
2 Quantity Surveyor cum Billing 4 26
Engineer
3 Survey Engineer 9 26
4 Field Engineer 9 26
5 Electrical Engineer 2 9 Intermittent
inputs
6 Environmental Engineer 1 9 Intermittent
inputs
7 Lab Assistant 9 26
Sub – Total 43
Total 54
NOTE: -
1. The other inputs like support staff shall be provided by the Consultant of an
acceptable type commensurate with the roles and responsibilities of each position.
2. The Financial Expert or Legal expert or Contract Specialist may be required for the
project for specific needs. Their deployment shall be arranged by the Consultant on
specific requisition from the Authority and the payment shall be made as per the
actual deployment. The Financial Expert or Legal expert or Contract Specialist
shall be paid at the rates quoted for Senior Pavement Specialist.
3. One office at Bhopal and two key personnel’s i.e. Team Leader/Dy. Team
Leader/RE and one Field Engineer along with one vehicle may be deployed for
maintenance obligation upto 6 Months

76
 Enclosure-B
SUB PROFESSIONAL:

ARE / BRIDGE / STRUCTURAL ENGINEER

The Candidate should be Graduate in Civil Engineering with 5 years’ experience. He
should have handled at least 1 major Flyover/ROB/Bridge project.

QUANTITY SURVEYOR CUM BILLING ENGINEER

The Candidate should be Graduate in Civil Engineering with 5 years’ experience. He
should have handled at least 1 major Flyover/ROB/Bridge project.

SURVEY ENGINEER
The candidate should be Graduate in Civil Engineering Firm may field Survey Engineer with
diploma in Civil Engineering/Survey having at least 5 years’ experience in the field of
surveying out of which at least 3 years should be in highway projects and they should have also
dealt with at least 1 project of similar nature. This position requires thorough understanding of
modern computer-based method of surveying with total station digital leveled.

FIELD ENGINEER
The Candidate should be DIPLOMA holder in Civil Engineering. He should have at least
2-years’ experience.

ELECTRICAL ENGINEER
The Candidate should be Graduate in Electrical Engineering from recognized institute.
He should have at least 6 years’ experience

ENVIRONMENTAL ENGINEER
The Candidate should be Graduate in Civil Engineering/Environmental Engineering or other
relevant qualification. He should have at least 6 years’ experience out of which 2 years in
highway projects and Flyover/ROB/Bridge PROJECTS. He should have good knowledge of
MOEF guidelines/requirements for mitigation measures.

LAB ASSISTANT
The Candidate should be Graduate in Civil Engineering or diploma in Civil Engineering with
3 years’ experience.

77
 Annexure I- Daily Inspection Report during construction period

Results of lab
Description of Name of key
tests conducted
inspection personnel
Component Item Description (Test
work carried inspecting the
conducted,
out work
Pass/Fail)

1. Road works
Embankment/ Sub
including
Grade/ GSB/ WMM/
culverts, and
DBM/ BC
minor bridges

2. Major Bridge
Foundation/ Sub
works, Flyovers,
structure/ Super
ROB, RUB, VUP,
structure
PUP

3. Approach to
Foundation/ Sub
ROB/RUB/ Major
structure/ Super
Bridges/ Viaduct /
structure
RE wall

4. Other Works

Annexure II- Daily Inspection Report in O&M period

Deleted

Annexure III- Weekly Inspection Report in O&M period

Deleted

Annexure IV- Month of survey for equipment based road condition assessment
Deleted

78
 Annexure V- Monthly Progress Report in Construction Phase

Monthly Progress Report in Construction Phase

CHIEF ENGINEER
SETU-BANDHAN, MPRDC,
BHOPAL

[PROJECT NAME]

Authority Engineer

[NAME OF CONSULTING FIRM]

MONTHLY PROGRESS REPORT NO. [XX]

FOR THE MONTH OF: [MONTH], [YEAR]

79
 Table of content

Contents Page no.

1. Executive Summary
1.1 Construction progress in current month
1.2 Current issues and recommended actions by IE/AE
1.3 Strip Plan (Summary)
1.4 Strip Plan (Details)
2. Project Overview
2.1 Salient Features of Project
2.2 Project Milestones
2.3 Location Map
2.4 Key Plan

3. Critical Issues and action Log

3.1 Pending Issues & Action Log
3.2 Obligations as per Contract

4. Physical Progress

4.1 Detailed Scope of Work & Physical Progress by Component

5. Land Acquisition and Clearance
5.1 LA Summary
5.2 LA Detail by CALA
5.3 LA Detail by Village for each CALA
5.4 Manpower details of CALA
5.5 Clearances Summary
5.6 Status of utilities shifting
6. Change of Scope
7. Mobilization of Resources
8. Financial Progress Details
8.1 Pen Picture-Escrow
8.2 Escrow details
9. Summary of quality control tests
9.1 Tests witnessed by IE/AE
80
 9.2 Tests conducted by IE/AE
10. Monitoring of maintenance obligations during construction phase
10.1Critical issues and action log
10.2 Summary of repair work
10.3 Status of damages
11. Safety Features
11.1Pen picture of safety features
11.2Accident Report

1 Executive Summary

1.1 Construction progress in current month

Key reporting metrics Value/ %/ Amount

Scheduled Physical Progress (%)
Cumulative Physical Progress upto current month (%)
Physical Progress during current month (%)
Financial progress (%)
Cumulative Expenditure till date (Rs Cr)
Tests passed as % of total tests witnessed by IE
Tests passed as % of total tests conducted by IE
Number of pending COS proposals
Amount for pending COS (Rs Cr)

1.2 Current issues and recommended actions by IE / AE

1. Slow Progress of Structures: The progress of structures (especially, major bridges,

flyovers and ROB’s) is very slow. Overall progress is only XX%. Out of the total YY
underpasses not even single underpass structure and its approaches is completed so far.
No bridge is open to traffic so far.

a. Recommendation: Concessionaire should improve the progress of structures.

Request for revised workplan from Concessionaire including specific activities on
structures.

2. Status of Change of Scope Proposals: Concessionaire has submitted Xx No. Change of

Scope proposals. Yy No. of them are still pending for decision. Concessionaire has not
submitted necessary clarifications /details for the following Changes of Scope in spite
of several reminders.

a. Recommendation: Concessionaire to submit all pending clarifications to Authority.

Authority and Concessionaire to expedite pending COS proposals.

81
 1.3 Strip Plan (Summary)

1. Work front unavailable & 2. Length completed by 3. Length Completed by

reason for Unavailability layer (MCW) layer (Service road
Length % Total Length % Length % Total
in KM pending in KM Total in KM pending
Length Length Length
Total Length Total Total
Length Length
Total Work Total Total
front length length
Unavailable completed completed
(till (till
DBM) DBM)
Pending Land BC BC
Acq.
Pending DBM DBM
Clearances

Encumbrances WMM WMM

GSB GSB

Subgrade Subgrade
C&G C&G

82
1.4 Strip Plan (Details)

83
 Detailed report

2 Project Overview

2.1 Salient Features of Project

Project Name
NH No. (New/ Old)
Scheme/ Phase
Mode of the Execution (BOT Toll/ BOT Annuity/ EPC/ HAM/ Item Rate/ Others)
No. of Lanes/ Configuration
Length of the Project (in Km)
Total Project Cost (in Cr)
No. of Bypasses (Name of Town, Length)
No. of Major Bridges (Number and Location)
No. of Toll Plazas (Number and Location)
No. of Fly Overs (Number and Location)
DPR Authority’s Engineer Name
Lead & Consortium Members of Banks
Concessionaire Name (SPV & Parent Company)
Date of Award (LOA Date)
Appointed Date
Concession Period
Construction Period (in Days)
O&M Period (in Days)
Scheduled Date of Completion
Authority Engineer
IE / AE Agreement Date
IE / AE Mobilization Date

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

2.2 Project Milestones

Project Description Planned Actual Delay Current

Milestone (Days from Physical Scheduled Date Physical (No. of Status
Appointed Progress Progress Revised Date month
Date) (%) (%) s)
Milestone I [Description] [DD/MM/YYYY] [DD/MM/YYYY] Achieve d
Started
Milestone II [Description] [DD/MM/YYYY] [DD/MM/YYYY] , not achieve
d
Scheduled [Description] [DD/MM/YYYY] [DD/MM/YYYY] Not started
Completion

ALL FIGURES & GRAPHS IN

TEMPLATES ARE ILLUSTRATIVE.

84
2.3 Location Map and Key plan

85
86
87
ALL FIGURES & GRAPHS IN TEMPLATES
ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

88
3 Critical Issues & Action Log

3.1 Pending Issues & Action Log

S Issue Type Ongoin Concerne Chainag Lengt Action(s) Action(s) Expected

N Description g/ New d e ( s) h taken till now suggested date/ Actual
o Issue/ Authority affected affece by Date for
Resolve due to d (km) the AE resolving
d the issue issue
Diversion of Clearance Ongoing MoEF 1. Proposal Escalate to [DD/MM/YY
1 Xx ha of Issue [Chainage] submitted to higher level Y Y]
forest Land MoEF Letter officers at
sent by RO to MoEF
MoEF nodal
officer on
[DD/MM/YYY
Y]
2 21 Land Resolved [CALA [Chainage] 1. Escalated to [DD/MM/YY
Compensatio Acquisition Name] chief secretary Y Y]
n level through
disbursement DO from
pending Chairman/
Secretary, dated
[DD/MM/YYY
Y]
3 Slow Concessionai New [Concess. [Chainage] None Project [DD/MM/YY
progress by re Issue Issue Name] Director to Y Y]
concessionai call higher
re ups of
concessionai
re

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

89
 3.2 Obligations as per Contract

Expected Contents & Structure

Please write a summary of non-compliances of contractual obligations highlighting

reasons for delay, stating pending actions and their potential risk to the project’s progress
and recommended actions by the IE.

Critical obligation sand constraints of concessionaire as per contract

Critical obligations of authority as per contract
Critical pending obligations of IE as per contract
NOTE: Please include important issues requiring intervention of various parties,
giving details and background wherever necessary

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

4. Physical Progress

Component %Weightage Physical Progress (During Physical Progress (Cumulative,

Current Month) Upto Current Month)
Road Works
Major Bridge works and ROB /
Bridge
Structures
Other Works

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

90
 4.1 Detailed Scope of Work & Physical Progress by Component

Cost Cost Planned in Progress till %Physical Value of

Component Weightage Item Weightage Scope (As Date Progress Physical
in Project Description in per Scope Progress
(%) Component of Work) (7X4)
(%)
1 2 3 4 5 6 7 8
1. Road 1. C&G
works 2.
including Embankment
culverts,
minor 3. Sub Grade
bridges,
underpasses, 4. GSB
overpasses,
approaches to 5. WMM
ROB/Bridge/
Major
Bridges/ 6. DBM
Structures
(but
excluding 7. BC
service
2. Major 1. Major
Bridge works Bridges
and 2. Minor
ROB/Bridge Bridges
3. Flyovers
4. ROB
5. VUP
6. PUP
7. Bridge
3. Structures 1.
(elevated Foundation
sections, 2. Sub-
reinforced structure
earth)
3. Super-
structure
4.
Reinforced
Earth
Wall
4. Other
1. Toll Plaza
Works
GRAND
TOTAL

91
5. Land Acquisition and Clearance
5.1 LA Summary

Description Total Total in possession at start Total to be acquired

Required (ha) (ha) (ha)
Existing ROW
Pvt. Land To be Acquired
Public Land To be Transferred
Grand Total

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

5.2 LA Detail for Flyovers/ROB/RUB/Bridges

Total 3H 3H 3G 3G 3D 3D 3A 3A Amount Amount Amount Pendin

CALA Land Pendin Don Pendin Do Pend Do Pendin Don Awarde Deposite Disburse g
left to be g (ha) e g (ha) Ne i ng Ne g (Ha) e d (Crore d (Crore d by Amoun
Acquire (ha) (ha (ha) (ha (ha) INR) INR) CALA t
d (Ha) ) ) (Cro (Crore
re INR) INR)
[CALA
1]
[CALA2
]
[CALA3
]
Grand
Total

92
 5.3 A Detail each Flyovers/ROB/RUB/Bridges

Tota 3H 3G Amoun Amoun Amount Pendi

l Pen 3H Pen 3G 3D 3D 3A 3A t t Disburse ng
Village Lan d Done d Done Pendi Done Pendi Done Award Deposit d by Amou
d left -ing (ha) -ing (ha) n g (ha) n g (ha) e d ed CALA n t (Rs
to be (ha) (ha) (ha) (Ha) (Crore (Crore (Rs Cr) Cr)
Acq INR) INR)
uire
d
(Ha
)
[Flyover1]
[Flyover 2]
[Flyover3]
[Flyover4]
[Flyover5]
[ROB1]
[ROB2]
[ROB 3]
[RUB 1 ]
Grand
Total

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

5.4 Manpower details of Flyover/ROB/RUB/Bridge

Provided by Patwari Reven Tehsildar Comput

Madhya Amins/ s/ ue s/ Clerk Accoun er Chain
Flyover/ROB/R Pradesh Road Surve Village Inspec Dep. s/ ta nts operato Peon m an Tot
UB/Bridge Development yo rs s al
Corporation account to rs/ Tehsilda Sahay rs
Ltd., Bhopal a nt Kanun rs a ks
/ State Govt go
[Flyover1]
[Flyover 2]
[Flyover3]
[Flyover4]

[Flyover5]

93
 [ROB1]

[ROB2]

[ROB 3]

[RUB 1 ]

Grand Total
5.5 Clearances Summary

Environment
Proposal Description Status Length Current Stage Issues/ Comments
Impacted
Approval of construction in coastal Obtained Nil Completed
zone
Forest Land
Proposal Description Status Length Current Issues/ Comments
Impacted Stage
Diversion of Xx ha ([Chainage]) Pending [Length in Completed Stage 1 clearance pending
km]
Diversion of Xx Ha. ([Chainage]) Obtained Nil Ongoing

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS

Wildlife
Proposal Description Status Length Current Stage Issues/ Comments
Impacted
Diversion of Xx Ha. of Pending [Length in Ongoing Queries sent to MoEF by
forest land km] RO, compliance pending
TreeCutting
Proposal Description Status Length Current Stage Issues/ Comments
Impacted
N.A. N.A. N.A. N.A. N.A.
Railway (ROBs/Bridges)
Proposal Description Status Length Current Stage Issues/ Comments
Impacted
[GAD Number] Proposal [Chainage] Uploaded on N.A.
Submitted, portal on
Approval [DD/MM/YYYY]
pending

94
 5.6 Status of utilities shifting

Date of Date Date of Date of Progre Date of Estima Issue/

Utility Na Lengt Departme request when Approv Deposit ss of Certificati te Commen
Categor m e Status h nt by Estimate al by of Physic on from Amoun ts
y affecte Authori was Authori super- al Agency for t
d ty for Received ty RO/ vision Shiftin Completio
estimate from HQ charge g n
concerne
d dept.
Estimate
Approv [Lengt [DEPART [DD/M [DD/MM [DD/M [DD/M Not
ed h MENT] M/ / YYYY] M/ M started TBD
in km] YYYY] YYYY] /
YYYY]
Estimate
Electrici Approv [Lengt [DEPART [DD/M [DD/MM [DD/M [DD/M Not
ty ed h MENT] M/ / YYYY] M/ M started TBD
in km] YYYY] YYYY] /
YYYY]
Estimate
Approv [Lengt [DEPART [DD/M [DD/MM [DD/M [DD/M
Others ed h MENT] M/ / YYYY] M/ M/ TBD
in km] YYYY] YYYY] YYYY]

6. Change of Scope

Date of first COS Expected/

S Proposal submission to Current Status Amount Actual Date of
No. Details AE Approval
Construction of Approved in principle
1 [Flyover Name] [DD/MM/YYYY] by Authority. Detailed [+/ - [DD/MM/YYYY]
at [Chainage] quantities in proper Amount]
order yet to be
submitted
Nallah diversion Clarifications to be [+/ -
2 through box [DD/MM/YYYY] submitted by Amount] [DD/MM/YYYY]
culvert Concessionaire ,
at[Chainage] expected
date[DD/MM/YYYY]

95
7. Mobilization of Resources

S Equip M M Age Plan Actu Depl Reason Expecte Rem

N ment a od of ned/ al oyed (s) for d Delay ark
o Name k el Equi Requ Qua Duri Under/ due to s
. e pme ired ntity ng Over Under-
nt Quan the Mobiliz Mobiliz
tity Mont ation ation
h
Excavat
or/
Poclain
Paver
Transit
Meter
Plate
Compact
ors
[ADD
OTHER
S]

8. Financial Progress Details (for EPC projects)

8.1 Pen Picture - Escrow

Cumulative inflow to Cumulative outflow Inflow to Escrow Outflow from Escrow

TPC (Cr) Escrow till previous from Escrow till during the month (Cr) during the month
month (Cr) previous month(Cr) (Cr)

Are the Escrow withdrawals in accordance with the order of withdrawal as specified in the
Concession Agreement?

Tick as applicable
If not, details to be provided below:

ALL FIGURES & GRAPHS IN TEMPLATES

ARE ILLUSTRATIVE. PLEASE ADD ACTUAL
DETAILS
8.2 Escrow details

Cumulative Escrow Escrow Escrow Escrow Escrow Escrow

TPC (Cr) exp. till Plan till Plan till Plan till Actual Actual till Actual till
date (Cr) date- Debt date- date- till date- date- date-
(BOT)(Cr) Equity VGF Debt Equity VGF
(BOT) (BOT) (BOT) (BOT) (BOT)
(Cr) (Cr) (Cr) (Cr) (Cr)

96
9. Summary of quality control tests

PLEASE EXCLUDE OUTSTANDING MOBILIZATION FEE/ ADVANCE IN S-CURVE

9.1 Tests witnessed by IE/ AE

Descripti Frequency Un Total test up to Previous Total test in This Month Cumulative No. of tests Rema
on of tests it Month rk s
N Qt Conduc Pa F Conduc Pa F Conduc Pa F
os. y. ted ss ai ted ss ai ted ss ai
l l l
Sub grade
Procter test 1 1500 m3 0 0 0 0 0 0 0 0 0
Atterberg
1 1500 m3 0 0 0 0 0 0 0 0 0
Limits
Free Swell
1 1500 m3 0 0 0 0 0 0 0 0 0
Index
Grain Size
1 1500 m3 0 0 0 0 0 0 0 0 0
Analysis
C.B.R 1 3000 m3 0 0 0 0 0 0 0 0 0
Granular Sub Base
Gradation 1 200 m3 151 151 0 5 5 0 156 156 0
Atterberg
1 200 m3 151 136 15 5 5 0 151 136 15
Limits
Procter test 1 1500 m3 0 0 0 0 0 0 0 0 0
Wet Mix

97
Macadam
Filter
material
Concrete
Cement
Water
Prime Coat
Tack coat
Dense
Bituminou

Descripti Frequenc Unit Total test up to Total test in This Cumulative No. of tests Remar
on y of tests Previous Month Month ks
No Qty. Conducte Pass Fail Conducte Pass Fail Conducted Pass Fail
s d d
Macada
m
Bitumino
us
Concrete
Bitumen
test
DLC
Steel

9.2 Tests conducted by IE / AE

<Quality inspection test results to be reported in a table similar to the table provided in previous
section>

ALL FIGURES & GRAPHS IN TEMPLATES ARE ILLUSTRATIVE.

PLEASE ADD ACTUAL DETAILS

10. Monitoring of maintenance obligations during construction phase

10.1 Critical issues and action log

SNo Ongoing/New Chainage(s) Length Expected

Issue Issue Concerned affected due affected Action(s) Action(s) Date for
Description Authority to the issue (km) taken till suggested by resolving
now SC issue
1 Drying up of Ongoing Concessionaires Irregular Replacement NA
plants on watering of plants and
median daily
watering
2 Large New Concessionaire None Filling of <DD/M
potholes potholes M>

98
 10.2 Summary of repair work

S No Description Unit Total Work done upto Work done during Balance Remarks
previous month reporting month
1 Carriageway and paved shoulders
(a) Pot Holes Sqm
(b) Roughness value exceeding mm
2,500mm
(c ) Cracking in more than 5% of Sqm
road surface
(d) Rutting exceeding 10mm in Sqm
more than 2% of road
surface
(e) Bleeding/Skiding Sqm
(f) Ravelling Sqm
(g) Damage to pavement edges m
exceeding 10cm
2 Hard/Earth Shoulders
(a) Rain cuts/ gullies in slope Cum
(b) Edge drop at shoulders m
exceeding 40 mm
3 Drains and culverts
(a) Cleaning of Culvert Nos
(b) Damage to or silting of
culverts
(c) Silting of drains in urban/
semi urban areas
4 Road furniture
(a) Sign Boards Nos
(b) Kilometer Stones
(c ) Metal Beam Crash Barrier
(d) Bus Shelters Nos
(e) Junction signs Nos
(f) Median Grills Rmt
(g) Studs Nos
(h) Delinators Nos
(i) Road Marking Sqm
(j) Kerb Painting Sqm
(k) Guard Posts Nos
5 Street lighting and telecom (ATMS)
(a) Street lights Nos
(b) Telecom Nos
6 Trees and plantation
(a) Removal of vegetation Ha
affecting sight line and road
structures
(b) Replacement of trees and Nos
bushes
7 Buildings and bridges
(a) Rest areas
(b) Toll plazas
(c ) Bridges

99
 10.3 Status of damages

S No Period Amount of damages (Rs)

1
2
3
4
Total

11 Safety features

11.1 Pen picture of safety features

Details to be provided after assessment of the site requirement vis-à-vis provisions in the Concession
Agreement:

Suggested Remedial Measures Additional Remedial Financial implications of

Location of Black within provisions of Concession Measures (if any) additional Remedial Measures
Spots Agreement for Authority(Cr.)

100
 1
S No

1/1/17
Date

RHS
382/050
Chainage no

pm
05:25
Time of accident

M 2
Sex (M/F)

A
Accident location
2

B
Nature of accident
3

C
Classification of
4

D
Causes
1

E
Load conditions of
1

F
Road condition
-

G H
Intersection type of
1

Weather condition
3

Age of victim I
1

J
Type of victim
3

Type of vehicle
-

No

Fatal
persons
affected

Major
1 1 Ambu

Minor
of

Help provided by

101
Mapping of report fields to responses

A 1. Urban 2. Rural
B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision
6. Left turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem
6. Drowsiness/Not Applicable 7. Fault of Driver
E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown
F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip
G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6.
Round about
H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold
9. Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others
K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor
8. Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart

12 Annexures

Annex 1. Detailed List of Physical Components as per Schedule G

Component Physical Item

A- Widening and strengthening of existing road
(1) Earthwork up to top of the sub-grade
(2) Granular work (sub- base, base, shoulders)
(a) GSB
(b) WMM
(3) Shoulders
(4) Bituminous work
Road works including (a) DBM
culverts, minor bridges, (b) BC
underpasses, overpasses, (5) Rigid Pavement
approaches to ROB/Bridge/ Concrete work
Major Bridges/ Structures (6) Widening and repair of culverts
(but excluding service
(7) Widening and repair of minor bridges
roads)
B- New realignment/bypass
(1) Earthwork up to top of the sub-grade
(2) Granular work (sub- base, base, shoulders)
(a) GSB
(b) WMM
(3) Shoulders
(4) Bituminous work
(a) DBM
(b) BC
(5) Rigid Pavement
Concrete work

102
 Component Physical Item
C-New culverts, minor bridges, underpasses, overpasses on existing road,
realignments, bypasses:
(1) Culverts
(2) Minor bridges
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(3) Cattle/Pedestrian underpasses
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(4) Pedestrian overpasses
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(5) Grade separated structures
(a) Underpasses
(i) Foundation
(ii) Sub-structure
(iii) Super-structure (including crash barriers etc. complete)
(b) Overpass
(i) Foundation
(ii) Sub-structure
(iii) Super-structure (including crash barriers etc. complete)
(c) Flyover
(i) Foundation
(ii) Sub-structure
(iii) Super-structure (including crash barriers etc. complete)
(d) Foot over Bridge
A- Widening and repairs of Major Bridges
(1) Foundation
(a) Open Foundation
(b) Pile Foundation/Well Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
B- Widening and repair of
(a) ROB
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
(b) Bridge
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
MajorBridge works and
C- New Major Bridges

103
 Component Physical Item
ROB/Bridge (1) Foundation
(a) Open Foundation
(b) Pile Foundation/Well Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
D- New rail-road bridges
(a) ROB
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
(b) Bridge
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
Structures (elevated (1) Foundation
sections, reinforced (2) Sub-structure
earth) (3) Super-structure (including crash barriers etc. complete)
(4) Reinforced Earth Wall (includes Approaches of ROB, Underpasses,
Overpasses, Flyover etc.
(i) Service roads/ Slip Roads
(ii) Toll Plaza
(iii) Road side drains
(iv) Road signs, markings, km stones, safety devices, ….
(a)Road signs, markings, km stones, ….
(b) Concrete Crash Barrier/ W-Beam Crash Barrier in Road work
(v) Project facilities
(a) Bus bays
(b) Truck lay-byes
(c) Rest areas
Other Works (vi) Repairs to bridges/structures
(vii) Road side plantation
(viii) Protection works
(a) Boulder Pitching on slopes
(b) Toe/Retaining wall
(ix) Tunnel
(a) Excavation
(b) Construction of support system including rock bolting, lining etc.
(c) On complete completion of tunnel
(x) Miscellaneous

* The above list is illustrative and may require modification as per the actual scope of the work

104
Annex 2. Onwards

IE / AE should include comments, status update, data points and reports in following
annexures which have not been included elsewhere in the main report. Such reports may include
but not limited to:

1. Review status of drawings/ design reports

2. Review status of other documents
3. Minutes of review meeting
4. Detailed Inspection report of project highway
5. Correspondence details
6. Weather report
7. Organizational chart of Concessionaire / Contractor and IE / AE
8. List of lab equipment
9. Details of user complaints
10. Project photographs

105
12 Accident Report

Mapping of report fields to responses

A 1. Urban 2. Rural
Over turned 2. Head on Collision 3. Hit from Back 4.Hit to Fix Object 5. Right turn
B
Collision 6. Left turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9.
Unknown/ Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
1. Drunken 2.Over Speeding 3. Vehicle out of Control 4.Driven on wrong side 5.
D
Mechanical Problem 6. Drowsiness /Not Applicable 7. Fault of Driver
E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown
F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip
1.T-Junction 2.Y-Junction 3.FourarmJunction 4. Staggered Junction 5.Junction with
G
more than 6.Roundabout
1.Fine/Clear 2. Mist/Fog 3.Cloudy 4.LightRain 5.HeavyRain 6.StrongWind
H
7.DustStorm 8. Cold 9. Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others
1.Two-Wheeler 2.Auto Rickshaw 3.Car/Jeep 4.Bus 5.LightTruck 6.HeavyTruck
K 7.Tractor 8. Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart

106
Annexures

Annex1. Detailed List of Physical Components as per Schedule G

Component Physical Item

A- Widening and strengthening of existing road
(1) Earthwork up to top of the sub-grade
(2) Granular work (sub- base, base, shoulders)
CRM

(3) Shoulders
(4) Bituminous work
DBM
BC
(5) Rigid Pavement

(6) Widening and repair of culverts

(7) Widening and repair of minor
bridges B- New realignment/bypass
(1) Earthwork up to top of the sub-grade
Road works (2) Granular work (sub- base, base, shoulders)
including culverts, (a) GSB
minor bridges, (b) WMM
underpasses, (3) Shoulders
overpasses, (4) Bituminous work
approaches to (a) DBM
(b) BC
ROB/Bridge/Flyover
(5) Rigid Pavement
Major
Concrete work
Bridges/Structures
C-New culverts , minor bridges, underpasses, overpasses on existing
(but excluding service road, Re-alignments, by-passes:
roads) (1) Culverts
(2) Minor bridges
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(3) Cattle/Pedestrian underpasses
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(4) Pedestrian overpasses
(a) Foundation
(b) Sub-structure
(c) Super-structure (including crash barriers etc. complete)
(5) Grade separated structures
(a)Underpasses

107
 Component Physical Item
(i) Foundation
(ii) Sub-structure
(iii) Super-structure (including crash barriers etc. Complete)
(b) Overpass
(i) Foundation
(ii) Sub-structure
(iii) Super-structure (including crash barriers etc. complete)
(c) Flyover
(i) Foundation
(ii) Sub-structure
(iii) Super-structure (including crash barriers etc. complete)
(d) Foot over Bridge
A- Widening and repairs of Major Bridges
(1) Foundation
(a) Open Foundation
(b) Pile Foundation/Well Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
B- Widening and repair of
(a) ROB
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
(b) Bridge
(1) Foundation
Major Bridge works (2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
and
ROB/Bridge/Flyover C- New Major Bridges
(1) Foundation
(a) Open Foundation
(b) Pile Foundation/Well Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
D- New rail-road bridges
(a) ROB
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
(b) Bridge
(1) Foundation
(2) Sub-structure
(3) Super-structure (including crash barriers etc. complete)
Structures (elevated (1) Foundation
sections, reinforced (2) Sub-structure
earth) (3) Super-structure (including crash barriers etc. complete)

Component Physical Item

(4) Reinforced Earth Wall (includes Approaches of ROB,
Underpasses, Overpasses, Flyover etc.
108
 (i) Service roads/ Slip Roads
(ii) Toll Plaza
(iii) Road side drains
(iv)Road signs, markings, km stones, safety devices, ….
(a)Road signs, markings, km stones, ….
(b) Concrete Crash Barrier/ W-Beam Crash Barrier in Road work
(v) Project facilities
(a) Bus bays
(b) Truck lay-byes
(c) Rest areas
(vi) Repairs to Flyover/ROB/Bridge structures
(vii) Road side plantation
Other Works (viii) Protection works
(a) Boulder Pitching on slopes
(b) Toe/Retaining wall
(ix) Tunnel
(a) Excavation
(b) Construction of support system including rock bolting, lining etc.
(c) On complete completion of tunnel
(x) Miscellaneous

NOTE: -
* The above list is illustrative and may require modification as per the actual scope of the
work Onwards

109
Annex 2.

IE / AE should include comments, status update, data points and reports in following annexures
which have not been included elsewhere in the main report. Such reports may include but not
limited to:
Review status of drawings/ design reports Review status of other documents Minutes of review
meeting
Detailed Inspection report of project highway Correspondence Details Weather report
Organizational chart of Concessionaire / Contractor and IE / AE List of lab equipment
Details of user complaints Project

110
Annexure VI-OUTPUT FORMAT FROM NETWORK SURVEY VEHICLE AND FWD
TESTING

111
 SECTION 7: DRAFT FORM OF CONTRACT

Note: This draft Agreement is a generic document and shall be modified based on
particularof the Project.
CONTRACT FOR CONSULTANT’S
SERVICES

Between

(Name of Client)

And

(Name of Consultant)

Dated:

112
 CONTENTS
Page No.

I. FORM OF CONTRACT ………………………………….. II

GENERALCONDITIONSOFCONTRACT ……………….
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 …………..

113
 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 Client’s prior Approval
3.8 Reporting Obligations …………………………..
3.9 Documents prepared by the Consultants ……….
To Be the Property of the Client ………………..
3.10 Equipment and Materials Furnished by the Client
4. Consultants’ Personnel and Sub-consultants ……………………..
4.1 General …………………………………………………
4.2 Description of Personnel …………………………
4.3 Approval of Personnel ……………………………
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel ……………
4.6 Resident Project Manager ………………………….
5. Obligations of the Client ………………………………….
5.1 Assistance and Exemptions …………….
5.2 Access to Land ………………………….
5.3 Change in the Applicable Law ………….
5.4 Services, Facilities and Property of the Client
5.5 Payment …………………………………
5.6 Counterpart Personnel………………….
6. Payments to the Consultants ……………………………..
6.1 Cost Estimates, Ceiling Amount ……………….
6.2 Remuneration and Reimbursable Expenditures…
6.3 Currency of Payment …………………………..
6.4 Mode of Billing and Payment ………………….
7. Fairness and Good Faith
7.1. Good Faith
7.2. Operation of the Contract
8.1. Amicable Settlement
8.2. Dispute Settlement
.
III SPECIAL CONDITIONS OF CONTRACT ……………………

114
IV APPENDICES Page No.
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)

V ANNEXURES..…………………………………………

115
 1. FORM OF CONTRACT

COMPLEX TIME BASED ASSIGNMENTS

This CONTRACT (hereinafter called the “Contract”) is made the day of the Month of
, 20…… , between, on the one hand (hereinafter Called the
“Client”) and, on the other hand hereinafter called the “Consultants”)

[Note*: If the Consultants consist of more than one entity, the above should be partially
amended to read as follows:

“…………………(hereinafter called the “Client”)and, on the other hand, a joint venture

consisting of the following entities, each of which will be jointly severally liable to the Client for all the
Consultants’ obligations under this Contract, namely,
____________________________________and___________________
(hereinafter called“ Consultants”)]

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services as defined
in the General Conditions of Contract attached to this Contract (hereinafter called
the “Services”);

(b) the Consultants, having represented to the Client that they have the required
processional skills, and personnel and technical resources, have agreed to provide the
Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’
(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:

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

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

116
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)
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 [NAME OF THE
CLIENT]

By
(Authorized Representative)

FOR AND ON BEHALF OF

[NAME OF THE
CONSULTANTS]

By
(Authorized Representative)

[Note: If the Consultants consist of more than one entity, all of these entities 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)
117
 GENERALCONDITIONSOFCONTRACT

1. General Provisions

Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:

1.1 Definitions

(a) “Applicable Law” means the laws and any other instruments having the force of law
in the Government’s country [or in such other country as may be specified in the
Special Conditions of Contract (SC)], as they may be issued and in force from time to
time.
(b) “Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in Clause
1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the
Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the
“Authority Engineer (AE)” and includes sub-consultants or Associates engaged by
the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity,
means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means
both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants and
or Associates as Employees and assigned to the performance of the Services
Or any part thereof; “Foreign Personnel” means such persons who at the time of
being so hired had their domicile outside the Government’s Country, “Local
Personnel” means such persons who at the time of being so hired had their domicile
inside the Government’s Country; and ‘key personnel’ means the personnel
referred to in Clause GC 4.2 (a).
118
 (l) "SC" means the Special Conditions of Contract by which these, General
Conditions of Contract may be amended or supplemented;

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

(n) "Sub-Consultant and or Associates "means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause GC
3.7; and

(o) "Third Party" means any person or entity other than the Government, the
Client, the Consultants or a Sub-consultant.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant
or of principal and agent as between the Client and the Consultants. The Consultants, subject
to this Contract, have complete charge of Personnel and Sub- consultants, if any, performing
the Services and shall be fully responsible for the Services performed by them or on their
behalf hereunder.

1.3 Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.

1.4 Language

This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
119
 this Contract.

1.5 Headings

The headings shall not limit, alter or affect the meaning of this Contract.

1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have
been given or made when delivered in person to an authorized representative of the Party to
whom the communication is addressed, or when sent by registered mail, telegram or facsimile
to such Party at the address specified in the SC.

1.6.2 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.

120
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. Goods & Service tax as applicable shall be paid to the Authority’s Engineer while
making payment for services rendered. The consultants shall then deposit the same with the
tax authorities and provide a proof of having done so within next 90 days in line with policy
circulars issued by Employer.

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 GC2.9 hereof, this Contract shall expire when
services have been completed and all payments have been made at the end of such time period
after the Effective Date as shall be specified in the SC.

2.5 Entire Agreement

121
 This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority to make, and the Parties shall not be
bound by or be liable for, any statement, representation, promise or agreement not set forth
herein.

2.6 Modification

Modification of the terms and conditions of this Contract, including any modification of the
scope of the Services, may only be made by written agreement between the Parties as the case
may be, has been obtained. Pursuant to Clause GC 7.2 hereof, however, each Party shall give
due consideration to any proposals for modification made by the other Party.

2.7 Force Majeure

2.7.1. Definition

(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's performance
of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes, but is not limited to, war,
riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action ( except where such
strikes, lockouts or other industrial action are within the power of the Party
invoking Force Majeure to prevent), confiscation or any other action by
government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the
negligenceorintentionalactionofapartyorsuchParty'sSub-consultantsor agents or
employees, nor (ii) any event which a diligent Party could reasonably
have been expected to both(A) take in to account at the time of the conclusion
of this Contract and(B) avoid or overcome in the carrying out of its obligations
hereunder .

(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.

122
2.7.2 No Breach of Contract

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

2.7.3 Measures to be taken

(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party's inability to fulfill its obligations hereunder with
a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fourteen (14) days following
the occurrence of such event, providing evidence of the nature and cause of such
event, and shall similarly give notice of the restoration of normal conditions as soon
as possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or task,
shall be extended for a period equal to the time during which such Party was unable to
perform such action as a result of Force Majeure.

Extension of Time for providing services of the Authority’s Engineer shall be extended
concurrently with the Extension of Time granted, if any, to the EPC Contractor for the
project, subject to satisfactory performance of the Authority’s Engineer.

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
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 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 herein
above, within thirty (30) days of receipt of such notice of suspension or within such
further period as the Client may have subsequently approved in writing;

(b) If the Consultants become (or, if the Consultants consist of more than one entity,
if any of their Members becomes) in solvent or bankrupt or enter into any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
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 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)
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 of this Clause GC2.9.2, terminate this Contract:

(a) if the Client fails to pay any money due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 8 hereof within forty- five
(45) days after receiving written notice from the Consultants that such payment is
overdue;

(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 GC2.4 hereof, all rights and obligations of
the Parties hereunder shall cease, except:

(i) such rights and obligations as may have accrued on the date of termination or
expiration;

(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
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 GC2.9.1 or GC2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose
to a minimum. With respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided, respectively, by
Clauses GC 3.9 or GC 3.10 hereof.

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
GC2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of there turn travel of the
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
2.9.1or in Clause GC2.9.2 hereof has occurred, such Party may, within forty- five (45) days
after receipt of notice of termination from the other Party, refer the matter to arbitration
pursuant to Clause GC8 hereof, and this Contract shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.

3. Obligation of the Consultants

3.1 General

3.1.1. Standard of Performance

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 The Consultants shall perform the Services and carry out their obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe and effective equipment, machinery, materials and
methods "The Consultants shall always" act, in respect of any matter relating to this Contract
or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard
the Client's legitimate interests in any dealings with Sub-consultants or Third Parties.

3.1.2 Law Governing Services

The Consultants shall perform the Services in accordance with the Applicable Law and shall
take all practicable steps to ensure that any Sub- consultants and or Associates, as well as the
Personnel of the Consultants and any Sub-consultants and or Associates, comply with the
Applicable Law. The Client shall advise the Consultants in writing of relevant local customs
and the Consultants shall, after such notifications, respect such customs.

3.2 Conflict of Interests

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

The Remuneration of the Consultants pursuant to Clause GC6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and, subject
to ClauseGC3.2.2 hereof, the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this
Contract or to the Services or in the discharge of their obligations hereunder, and the
Consultants shall use their best efforts to ensure that any Sub-consultants and or Associates,
as well as the Personnel and agents of either of them, similarly shall not receive any such
additional remuneration.

3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client on
the procurement of goods, works or services, the Consultants shall comply with any
applicable procurement guidelines of the Client (Employer)and or Associates Bank or of the
Association, as the case maybe, and other funding agencies and shall at all times exercise
such responsibility in the best interest of the Client. Any discounts or commissions obtained
by the Consultants in the exercise of such procurement responsibility shall be for the account
of the Client.

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3.2.3 Consultants and Affiliates Not to engage in Certain Activities

The Consultants agree that, during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, as well as any Sub- Consultant
and or Associates and any entity affiliated with such Sub Consultant and or Associates, shall
be disqualified from providing goods works or services (other than the Services and any
continuation thereof) for any project resulting from or closely related to the Services. .

3.2.4 Prohibition of Conflicting Activities

The Consultants shall not engage, and shall cause their Personnel as well as their Sub-
consultants and or Associates and their Personnel not to engage, either directly or indirectly,
in any of the following activities:

(a) during the term of this Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to them
under this Contract; and

(b) after the termination of this Contract, such other activities as may be
specified in the SC.

3.3 Confidentiality

The Consultants, their Sub-consultants and the Personnel of either of them shall not, either
during the term or within two (2) years after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the Services, this Contract or
the Client's business or operations without the prior written consent of the Client.

3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability under
this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be Taken Out by the Consultants

The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to take
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 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 upto 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
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 B here to, in the form, in the numbers and within the time periods set forth in the said
Appendix.

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

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

3.10 Equipment and Materials Furnished by the Client

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

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

4.1 General

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

4.2 Description of Personnel

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

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

(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated periods of engagement of Key Personnel set forth in
Appendix C may be increased by agreement in writing between the Client and the
Consultants, provided that any such increase shall not, except as otherwise agreed,
cause payments under this Contract to exceed the ceilings set for thin Clause GC 6.1
(b) of this Contract.

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 here to as Appendix D. If the Client does
not object in writing(stating the reasons for the objection) within thirty (30) calendar days
from the date of receipt of such biographical data and (if applicable) such certificate, such Key
Personnel shall be deemed to have been approved by the Client.

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.

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 (b) The Personnel of all types engaged by Consultant to provide Services on this
Contract shall not been titled to be paid for overtime nor to take paid sick leave or
vacation leave except asspecifiedinAppendixE 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 AppendixC. 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

Removal and/or replacement of Key Personnel shall be regulated as under:

4.5.1 In case notice to commence services pursuant to Clause 2.1 of this Contract is not ordered
by Client within 120 days of signing of contract the key personnel can excuse themselves on
valid grounds, e.g., selection on some other assignment, health problem
developed after signing of contract, etc. In such a case no penalty shall be levied on the Firm
or on the person concerned. The firm shall however be asked to give a replacement by
an equal or better scoring person, whenever mobilization is ordered.

4.5.2 In case notice to commence services is given within 120 days of signing of contract the,
the Authority expects all the Key Personnel specified in the Proposal to be available
during implementation of the Agreement. The Authority will not consider any substitution
of Key Personnel except under compelling circumstances beyond the control of the
Consultant and the concerned Key Personnel. Such substitution shall be limited to not more
than three Key Personnel subject to equally or better qualified and experienced personnel
being provided to the satisfaction of the Authority. Replacement of the Team Leader will
not normally be considered and may lead to disqualification of the Applicant or termination
of the Agreement. Replacement of one Key Personnel shall be permitted subject to reduction
of remuneration equal to 5 % (five per cent) of the total remuneration specified for the Key
Personnel who is proposed to be replaced. In case of second replacement the reduction in
remuneration shall be equal to 10% (ten per cent) and for third and subsequent replacement,
such reduction shall be equal to 15% (fifteen per cent) If the consultant finds that any of the
personnel had made false representation regarding his qualification and experience, he may
request the Employer for replacement of the personnel. There shall be no reduction in
remuneration for such replacement. The replacement shall however be of equal or better
score. The personnel so replaced shall be debarred from future projects for 2 years.
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4.5.4 Replacement after original contract period is over:

There shall be no limit on the replacements and no reduction in remunerations shall

be made. The replacement shall however be of equal or better score.

4.5.5 If the Employer (i) finds that any of the Personnel has committed serious misconduct or has
been charged with having committed a criminal action or (ii) has reasonable ground to be
dissatisfied with the performance of any of the Personnel, then the consultant shall, at
the Employer’s written request specifying the grounds therefore, forthwith provide a
replacement with qualifications and experience acceptable to him.
For such replacement there will be no reduction in remuneration.

4.5.6 If any member of the approved team of a consultant engaged by MPRDC leaves that
consultant before completion of the job, he shall be barred for a period of 6 months to
24 months from being engaged as a team member of any other consultant working (or
to be appointed) for any other MPRDC projects.

2.6 Resident Team Leader and Coordinator

The person designated as the Team Leader of the Consultant’s Personnel shall be responsible
for the coordinated, timely and efficient functioning of the Personnel. In addition, the
Consultant shall designate a suitable person from its Head Office as Project Coordinator who
shall be responsible for day to day performance of the Services.
5. Obligations of the Client

5.1 Assistance and Exemptions

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

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

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

(e) Facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their -eligible dependents;

(f) 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;

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

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

(i) 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

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

5.4 Services, Facilities and Property of the Client

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

5.5 Payment

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

5.6 Counterpart Personnel

(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge, such
counterpart personnel to be selected by the Client, with the Consultants' advice, as
shall be specified in such Appendix F. Counterpart personnel shall work under the
exclusive direction of the Consultants. If any member of the counterpart personnel
fails to perform adequately any work assigned to him by the Consultants which is
consistent with the position occupied by such- member, the Consultants may request
the replacement of such member, and the Client shall not unreasonably refuse to act
upon such request.

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 (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 ClauseGC2.6 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 ClauseGC6.l (b) hereof, if pursuant to clauses GC5.3, 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 GC6.1(a) above, the ceiling or ceilings, as
the case maybe, set forth in ClauseGC6.1(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 GC6.1(b)hereof, the Client shall pay to the
Consultants (i) remuneration asset for thin Clause GC6.2(b),and(ii) reimbursable
expenditures asset forth in Clause GC6.2(c).If specified in the SC, said remuneration
shall be subject to price adjustment as specified in the SC.

(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 GC2.3 and Clause SC2.3 (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.
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 (c) Reimbursable expenditures actually and reasonably incurred by the
Consultants in the performance of the Services, as specified in SC.

(d) Notwithstanding anything to the contrary stated in the GCC and SCC, it shall be
mandatory to deploy the key personnel and sub-professional as per the Man- Months
Input specified in the Terms of Reference.

Inadequate deployment of key personnel and sub-professional shall lead to deduction

in the monthly payment as per following table. The key personnel and sub-
professional shall be considered to be inadequately deployed if he/she is not present
for atleast 90% (Except the leaves as specified in III. Special Condition of Contract,
IV. Appendices- Appendix E: Hours of work for key personnel) of the time
stipulated in the month, as per the Man Months Input in the Terms of Reference and
the Deployment Schedule proposed by the firm.

Sr. Personnel % reduction in

No. monthly payment
Standalone Bridge Project
1 Team Leader cum Senior Bridge Engineer 25%
2 Dy. Team Leader 25%
3 Resident Engineer cum Bridge Engineer 20%
4 Structural Engineer cum Bridge Engineer 20%
5 Senior Quality cum Material Expert 20%
6 Road Safety Expert 20%
7 Other Key Personnel 15%
8 Sub- Professional Staff 15%

For avoidance of doubt, in case the Team Leader cum Senior Highway Engineer has
not been made available for 90% of the stipulated time in the month, then only
75% of the monthly payment shall be released. In the case of “Other Key Personnel
(Sr. No. 4)” and “Sub – Professional Staff (Sr. No. 5)”, the average availability
across the group shall be considered for calculation.

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.

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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 after provision by the Consultants to the Client of a bank
guarantee by a bank acceptable to the Client in an amount (or amounts) and in a
currency (or currencies) specified in the SC, such bank guarantee (I) to remain
effective until the advance payment has been fully set off as provided in the SC,
and(ii)to be in the form set for thin Appendix I hereto or in such other form as the
Client shall have approved in writing.

(b) As soon as practicable and not later than fifteen (15days)after the end of each
calendar month during the period of the Services, the Consultants shall submit to
the Client, in duplicate, itemized statements, accompanied by copies of receipted
invoices, vouchers and other appropriate supporting materials, of the
amounts payable pursuant to Clauses 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) 75% of bill raised by the Consultant shall be paid within 72 Hrs and remaining bill
may be paid after due scrutiny. The Client shall cause the payment of the
Consultants periodically as given in schedule of payment above within thirty (30)
days after the receipt by the Client of bills with supporting documents. Only such
portion of a monthly statement that is not satisfactorily supported may be withheld
from payment. Should any discrepancy be found to exist between actual payment
and costs authorized to be incurred by the Consultants, the Client may add or
subtract the difference from any subsequent payments. Interest at the rate specified
in the SC shall become payable as from the above due date on any amount due by,
but not paid on such due date.

(d) The final payment under this Clause shall be made only after the final report and
a final statement, identified as such, shall have been submitted by the Consultants
and approved as satisfactory by the Client. The Services shall be deemed completed
and finally accepted by the Client and the final report and final statement shall be
deemed approved by the Client as satisfactory ninety (90) calendar days after
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 receipt of the final report and final statement by the Client unless the Client, within
such ninety (90)-day period, gives written notice to the Consultants specifying in
detail deficiencies in the Services, the final report or final statement. The
Consultants shall there upon promptly make any necessary corrections, and upon
completion of such corrections, the foregoing process shall be repeated. Any
amount which the Client has paid or caused to be paid in accordance with this
Clause in excess of the amounts actually payable in accordance with the provisions
of this Contract shall be reimbursed by the Consultants to the Client within thirty,
(30) days after receipt by the Consultants of notice thereof. Any such claim by the
Client for reimbursement must be made within twelve (12) calendar months after
receipt by the Client of a final report and a final statement approved by the Client
in accordance with the above.

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

7. Fairness and Good Faith

7.1 Good Faith

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

7.2 Operation of the Contract

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

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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 Contractor the interpretation thereof.

8.2 Dispute Resolution

8.2.1 No dispute can be raised except before the Competent Authority in writing giving full
description and grounds of dispute. It is clarified that merely recording protest while
accepting measurement and/or payment shall not be taken as raising a dispute.
8.2.2 No dispute can be raised after forty five (45) days of its first occurrence. Any dispute raised
after expiry of forty five (45) days of its first occurrence shall not be entertained and the
Employer shall not be liable for claims arising out of such dispute.
8.2.3 The Competent Authority shall decide the matter within forty five (45) days.
8.2.4 Appeal against the order of the Competent Authority can be preferred within thirty (30)
days to the Appellate Authority. The Appellate Authority shall decide the dispute wit The
Concessionaire shall be to continue execution of the work with due diligence
notwithstanding pendency of a dispute before any Authority or forumh in forty five (45)
days.
8.2.5 Appeal against the order of the Appellate Authority can be preferred before the Madhya
Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham
Adhikaran Adhiniyam 1983.
8.2.6 The Contractor shall be continue execution of the work with due diligence notwithstanding
pendency of a dispute before any Authority or forum.

9. Fake CV
If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely and
would result in all possible penal action including blacklisting from future projects of
MPRDC. This would also apply even when the consulting firm is not successful in getting
the assignment. In case CV of a person is turned out to be fake/incorrect/inflated during the
assignment, the consultancy firms will have to refund the salary and perks drawnincluding
interest @12% per annumin respect of the person apart from other consequences. In addition
to above, 10% of the salary and perks to be refunded shall be recovered from the Firm as
penalty.

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 II. SPECIAL CONDITIONS OFCONTRACT
GCClause
A. Amendments of, and Supplements to, Clauses in the General
Conditions of Contract

1.1(a) The words’’ in the Government’s country” are amended to read ‘in INDIA”

1.4 The language is: English

1.6.1 The addresses are:

Client: Address of Employer

Attention:

Telex :

Facsimile :

Consultant: Address of Consultant

Attention
:

Cable address :

Telex :

Facsimile :

[Note’ : Fill in the Blanks]

1.6.2 Notice will be deemed to be effective as follows:

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

(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.

1.8 The Member in Charge is: Member (P) Sh.

(Note: If the Consultants consist of a joint venture of more than one entity, the name of the
entity whose address is specified in SC1.6.1shouldbeinsertedhere. If the Consultants consist
of one entity, this Clause 1.8 should be deleted from the SC)

1.9 The Authorised Representative are:

For the Client:

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

2.1 The effectiveness conditions are the following:

i) Approval of the Contract by the client

2.2 The time period shall be fourmonths or such other time period as the parties may
agree in writing.

2.3 The time period shall be onemonth or such other time period as the Parties may
agree in writing.

2.4 The time period of the assignment shall be 30 Months.

3.4 Limitation of the Consultants' Liability towards the Client

(a) Except in case of gross negligence or wilful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to
damage caused by the Consultants to the Client's property, shall not be liable to
the Client:

(i) for any indirect or consequential loss or damage; and

(ii) Consultant will maintain at its expenses; Professional Liability

Insurance including coverage for errors and omissions caused by
Consultant’s negligence in the performance of its duties under this
agreement,(A)For the amount not exceeding total payments for
Professional Fees and Reimbursable Expenditures made or expected to be
made to the Consultants hereunder OR (B) the proceeds, the Consultants
may be entitled to receive from any insurance maintained by the Consultants
to cover such a liability, whichever of (A) or (B) is higher.

(iii) The policy should be issued only from an Insurance Company

operating in India.

(iv) The policy must clearly indicate the limit of indemnity in terms of“ Any
One Accident”(AOA) and “Aggregate limit on the policy period”(AOP) and
in no case should be for an amount less than stated in the contract.

(v) If the Consultant enters into an agreement with Employer in a joint venture
or‘in association’, the policy must be procured and provided to Employer
by the joint venture/in association entity and not by the individual partners
of the joint venture/association.

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 (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 INR 1.0 million for
the period of consultancy.
(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a
minimum coverage equal to estimated remuneration and reimbursable.
(d) Employer's liability and workers' compensation insurance in respect of the
Personnel of the Consultants and of any Sub-consultant, in accordance with the
relevant provisions of the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other insurance as may be
appropriate; and
(e) Insurance against loss of or damage to(i) equipment purchased in whole or in part
with funds provided under this Contract, (ii) the Consultants' property used in the
performance of the Services, and(iii)any documents prepared by the Consultants in
the performance of the Services.

3.7(c) The other actions are

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

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

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

6.1(b) The amount payable Indian Rupee is :

6.2(a) "Payments for remuneration and reimbursable items made in accordance with
Clause GC 6:2(a) :

(i) Consultants sha l l b e pa i d b il l i ng rates for services rendered by the

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 personnel of all categories namely (i) key Personnel; (ii) sub-Professional
personnel and (iii) Support staff on man-month basis . Billing rates
ofremaining items of the financial proposal, namely (i) transportation , (ii)
Duty travel to site (iii) Office Rent, (iv) office supplies communication etc.
(v) reports & document printing and (vi) survey equipment etc. shall be
worked out month wise as per actual expenditure Beginning 13th months from
the last date of submission of bid, billing rates shall be increased to cover all
items of contract i.e. remuneration, vehicle hire, office rent, consumables,
furniture etc. @ 5% every 12 months. However, for evaluation and award of
the Bid proposals, the quoted initial rate (as applicable for first 12 months from
last date of submission of bid) shall be multiplied by the total time input for
each position on this contract, i.e. without considering the increase in the
billing rates. All payments shall be made in Indian Rupees and shall be
subjected to applicable Indian laws withholding taxes if any.

(ii) Remuneration paid pursuant to the rates set forth in Appendix G shall be
adjusted every twelve (12) months (and, the first time, with effect for the billing
th
rates earned in the 13 calendar month after the last date of submission of bid)
by 5% every 12month for personnel.

Notwithstanding any other provisions in the agreement in this regard, this provision will
prevail and override any other provision to the contrary in this agreement.

6.2(b) (i) (1) Payment of Authority Engineer shall be released on approval of the monthly reports.
Report shall be approved by the Authority only if it includes all the sections
prescribed in the format and submitted as per specified timelines.

(2) Payment shall be released as per rates quoted in Appendix C3- Breakup of Local
currency costs

(3) For equipment based road inspection to be conducted in O&M phase, payment shall
be released as per actual use of equipment on road and rates quoted in Appendix
C3- Breakup of Local currency costs.

(4) If any of the report is found to be misleading or containing incorrect

information as determined by the Authority, 10% of payment linked to that report
shall be deducted as penalty

(5) It is understood(i)that the remuneration rates shall cover(A) such salaries and
allowances as the Consultants shall have agreed to pay to the Personnel as well as
factors for social charges and overhead, and (B)the cost of back stopping by
home office staff not included in the Personnel listed in Appendix C, and(C)the
Consultants' fee;(ii)that bonuses or other means of profit-sharing shall not be allowed
as an element of overhead, and(iii)that any rates specified for persons not yet
appointed shall be provisional and shall be subject to revision, with the written
approval of the Client, once the applicable salaries and allowances are known.

(6) Remuneration for periods of less than one month shall be calculated on an hourly
basis for actual time spent in the Consultants' home office and directly

145
 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 payment and the
advance payment guarantee:

1) An advance payment of 10% of the contract price in proportion to the quoted 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 rateshallbe10% per annum (on outstanding amount).

6.4(c) The interest rate is10% 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:

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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.]

DetailsasperTOR

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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

148
 Appendix C: Key Personnel and Sub-consultants

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

C-2 Same information as C-l for Key local Personnel.

C-3 Same as C-l for Key foreign Personnel to be assigned to work outside
India.

C-4 List of approved S u b -consultants [if already available]; same

information with respect to their Personnel as in C-l through C-4)

Please refer TOR

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 Appendix D: Medical Certificate

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

The form of Medical Certificate as required under the rules of 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 Madhya Pradesh as Holidays. The Consultant shall work as per
the work program of the EPC Contractor. In this context in case the work plan of the Consultant needs
suitable modifications, the same shall be carried out and submitted to the client for consideration. The
Consultants hours of work normally shall match with that of Contractor’s activities on the site. No
extra remuneration shall be claimed or paid for extra hours of work required in the interest of Project
completion.
In additional, casual leave for 12 days shall be permitted in a year to each key personnel/sub-
professional with prior intimation to the authority. Out pf this, a maximum of three CLs can be
available either separately or together in a quarter and the period of the CLs would be counted as Key
personnel/Sub-professional being on duty

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 oftheClient

[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

(PERFORMANCE BANK GUARANTEE)

(Clause-13 of TOR)

To

Address of Employer:

1
WHEREAS [Name and address of Consultants ] (hereinafter called “the
consultants”) has u n d e r t a k e n , in pursuance of Contract No. dated
to provides the services on terms and conditions set forth in this
Contract [Name of contract and brief description of works) (hereinafter called
the “the Contract”).

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

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

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

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

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

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

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

This guarantee shall be valid for a period of 80 months i.e. upto 2 months beyond the expiry of

154
contract of 78 months.

Signature and Seal of the Guarantor In presence of

Name and Designation

1.

(Name, Signature& Occupation)

Name of the Bank

Address 2.

(Name &Occupation)

Date

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

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 Appendix I: Form of Bank Guarantee for Advance Payments

(Reference Clause 6.4(a) of Contract)

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

Ref: Bank Guarantee:

Date:

Dear Sir,

In c o n s i d e r a t i o n of M/s. (herein after r e f e r r e d as t h e “ Client”, which

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

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

We (Name of the Bank) having its Head Office

at (herein after referred to as the Bank), which expressions hall, unless
repugnant to the context or meaning thereof, include it successors, administrators executors and assigns)
do hereby guarantee and undertake to pay the client immediately on demand any or, all monies payable
by the Consultant to the extent of as aforesaid at any time upto @
without any demur, reservation, contest,
recourse or protest and/or without any reference to the consultant. Any such demand made by the
client on the Bank shall be conclusive and binding notwithstanding any difference between the Client
and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to
be enforceable till the Client discharges this guarantee.

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

156
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Consultant and
notwithstanding any security or other guarantee that the Client may have in relation to the
Consultant's liabilities.

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

Dated this day of 2024 at

WITNESS

(signature)

(Signature)

(Name)
(Name)

(Official Address) Designation (with Bank stamp)

Attorney as per Power of

Attorney No.

Dated
Strike out, whichever is not applicable.

Note1: The stamp papers of appropriate value shall be purchased in the name of bank
Who issues the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank guarantee furnished by Foreign Consultant shall be confirmed by any
Nationalized Bank in India.

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 Appendix J

Letter of invitation

158
 Appendix K

Letter of Award

159
 Appendix L

Minutes of pre-bid meeting

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 Appendix-M
Memorandum of Understanding
between

And

Whereas the Chief Engineer MPRDC , Bhopal (the ‘Employer’) has invited proposal for
appointment of Authority’s Engineer for
(Name of project) hereinafter called the Project.

And Whereas (Lead Partner) and JV partner/s have

agreed to form a Joint Venture to provide the said services to the Employer as Authority’s
Engineer; and

Now, therefore, it is hereby agreed by and on behalf of the partners as follows:

(i) will be the lead partner and will be the other JV partner/s.

(ii) (lead partner) shall be the in charge of overall administration of contract and
shall be authorised representative of all JV partners for conducting all business for and on
behalf of the JV during the bidding process and subsequently, represent the joint venture for
and on behalf of the JV for all contractual matters for dealing with the
Employer/EPC Contractor if Consultancy work is awarded to JV.

(iii) All JV partners do hereby undertake to be jointly and severely responsible for all the
obligation and liabilities relating to the consultancy work and in accordance with the Terms
of Reference of the Request for Proposal for the Consultancy Services.

(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
DISCLAIMER

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

161