JAWAHARLAL NEHRU PORT AUTHORITY

PORT PLANNING AND DEVELOPMENT DEPARTMENT

Request for Proposal (RFP)

For

CONSULTANCY SERVICES FOR PREPARATION OF DETAILED

PROJECT REPORT AND DETAILED ENGINEERING FOR
CONSTRUCTION OF SECOND LINK ROAD TO JN PORT AND
CONSTRUCTION OF ROB CONNECTING JASKAR AND KARAL VILLAGE
AT JN PORT

Chief General Manager

Administration Building,
1st Floor, Port Planning & Development
Department,
Sheva, Navi Mumbai- 400 707.
Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

JAWAHARLAL NEHRU PORT AUTHORITY

PORT PLANNING AND DEVELOPMENT DEPARTMENT
***
TENDER NOTICE No. PPD/DGM-I/SL Road/T-16/2025 Date- 21.04.2025

Jawaharlal Nehru Port (the “Authority”) invites on line application from

interested parties (Applicants) in accordance with the Request for Proposal
(RFP) Document for selection of Technical Consultants.

Name of the work: Consultancy Services for Preparation of Detailed Project

Report and Detailed Engineering for Construction of
Second Link Road to JN Port and Construction of ROB
connecting Jaskar and Karal Village at JN Port.

Assignment Period-

Sr. No. Assignment Name Assignment Period

1 Construction of Second 8 Months (Excluding
Link Road to JN Port 15 days of
mobilization period
including monsoon)

2 Construction of ROB 4 Months (Excluding

connecting Jaskar and 15 days of
Karal Village at JN Port mobilization period
including monsoon)

Cost of RFP document: Rs. 23,600/-

Bid Security (EMD) – Rs. 9,63,000/-

The detailed tender programme can be viewed and RFP can be downloaded
from the JNPA website "www.jnport.gov.in or Central Public Procurement
Portal (CPP) “https://eprocure.gov.in”

i. Tender fee should be submitted in the form of RTGS/ NEFT (For bank
details ref clause no. 2.16.3 (b) (2)).
ii. Bid Security (EMD) should be submitted in the form of RTGS/ NEFT/
Bank Guarantee (Proforma enclosed at Annexure-11 of RFP
document)/ Insurance Security Bond (Proforma enclosed at
Annexure-12 of RFP document).
iii. Integrity Pact (format enclosed at Annexure-9).
iv. Power of attorney, if applicable (format enclosed at form-4 of
Appendix-I)

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

Sr.
Events Timelines
No.
1 Sale of RFP document 28.04.2025 to 19.05.2025 Up to 1500 Hrs
2 Last date of receiving queries 04.05.2025 up to 1700 Hrs.
/clarification
3 Pre Bid Meeting 1130 Hrs. on 05.05.2025
4 Last Date of Submission 19.05.2025 up to 1500 Hrs
5 Proposal due date (PDD) Up to 1500 hrs. on 19.05.2025.
6 Opening of Proposals 20.05.2025 at 1530 hrs.
7 Contact Person 1. Chief General Manager (PP&D),
Jawaharlal Nehru Port Authority,
1st Floor, Administration Building,
Sheva, Navi Mumbai-400 707
Maharashtra, India.
Phone No. +91-22-6781 4156/57
email: [email protected]
2. Dy. General Manager (PP&D)
Jawaharlal Nehru Port Authority,
1st Floor, Administration Building,
Sheva, Navi Mumbai-400 707
Maharashtra, India.
Phone No. +91-022 27244162
email:[email protected]
3. Manager (PP&D)
Jawaharlal Nehru Port Authority,
1st Floor, Administration Building,
Sheva, Navi Mumbai-400 707
Maharashtra, India.
Phone No. +91-022 27244112
email:[email protected]

Chief General Manager (PP&D),

Jawaharlal Nehru Port Authority

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

CONTENT

Sr.
Content Page No
No.
1 INTRODUCTION 10-15
2 INSTRUCTION TO APPLICANTS 16-49
3 CRITERIA FOR EVALUATION 50-52
4 FRAUD AND CORRUPT PRACTICES 53-54
5 PRE-PROPOSAL CONFERENCE 55
6 MISCELLANCES 56
7 ANNEXURE-I TERMS OF REFERENCE (TOR) 58-91
8 SCHEDULE-2 92-131
9 N -7: Bank Guarantee for Performance Security 132-135
10 Annex-8: National Electronic Fund Transfer (NEFT) 136
Mandate From
11 APPENDIX-I: 154-156
12 APPENDIX-I: From-2 Particular of the Applicant 157-159
13 APPENDIX-I: From-3 Statement of Legal Capacity of 160
the Applicant
14 APPENDIX-I: Form-4 Power of Attorney 161-162
15 APPENDIX-I: Form-5 Financial Capacity of the 163
Applicant
16 APPENDIX-I: Form-6 Particulars of Key Personnel 164
17 APPENDIX-I: Form-7 Proposed Methodology and 166
Work Plan
18 APPENDIX-I: Form-8 Abstract of Eligible Assignment 167-168
of the Applicant
19 APPENDIX-I: Form-9 Abstract of Eligible Assignment 170-171
of Key Personnel
20 APPENDIX-I: Form- 10 Eligible Assignment of 172
Applicant
21 APPENDIX-I: Form-11Eligible Assignment of Key 173
Personnel
22 APPENDIX-I: Form-12 Curriculum Vitae (CV) of Key 175-176
Personnel
23 APPENDIX-I: Form- 13 Deployment of Personnel 177-178
24 APPENDIX-I: Form- 14 Survey and Field Investigation 179
25 APPENDIX-I: Form- 15 Proposal for Sub-Consultant(s) 180
26 APPENDIX-II: Form- 1 FINANCIAL PROPOSAL 181
27 APPENDIX-II: From 2 BILL OF QUANTITIES 182-183
28 APPENDIX-II: Form- 2 FINANCIAL PROPOSAL 184-187
29 LIST OF BID-SPECIFIC CLAUSES 188-189
30 DRAWING for Road Alignment. 190-191
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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

DISCLAIMER

The information contained in this Request for Proposal document

(“RFP”) or subsequently provided to Applicants, whether verbally or in
documentary or any other form by or on behalf of the Authority or any of its
employees or advisers, is provided to Applicants on the terms and conditions
set out in this RFP and such other terms and conditions subject to which such
information is provided.

This RFP is not an agreement and is neither an offer nor invitation 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, which reflect various assumptions and assessments
arrived at by the Authority in relation to the Consultancy. Such assumptions,
assessments and statements do not purport to contain all the information that
each Applicant may require. This RFP may not be appropriate for all persons,
and it is not possible for the Authority, its employees or advisers to consider
the objectives, technical expertise and particular needs of each party who
reads or uses this RFP. The assumptions, assessments, statements and
information contained in this RFP, may not be complete, accurate, adequate
or correct. Each Applicant should, therefore, conduct its own investigations
and analysis and should check the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments and information
contained in this RFP and obtain independent advice from appropriate
sources.

Information provided in this RFP to the Applicants is on a wide range of

matters, some of which depends upon interpretation of law. The information
given is not an exhaustive account of statutory requirements and should not
be regarded as a complete or authoritative statement of law. The Authority
accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on the law expressed herein.

The Authority, its employees and advisers make no representation or

warranty and shall have no liability to any person including any Applicant
under any law, statute, rules or regulations or tort, principles of restitution or
unjust enrichment or otherwise for any loss, damages, cost or expense which
may arise from or be incurred or suffered on account of anything contained in
this RFP or otherwise, including the accuracy, adequacy, correctness,
reliability or completeness of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP
or arising in any way in this Selection Process.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

The Authority also accepts no liability of any nature whether resulting

from negligence or otherwise however caused arising from reliance of any
Applicant upon the statements contained in this RFP.

The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information,
assessment or assumption contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select
an Applicant or to appoint the Selected Applicant, as the case may be, for the
Consultancy and the Authority reserves the right to reject all or any of the
Proposals without assigning any reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the
preparation and submission of its Proposal including but not limited to
preparation, copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by the Authority or
any other costs incurred in connection with or relating to its Proposal. All such
costs and expenses will remain with the Applicant and the Authority shall not
be liable in any manner whatsoever for the same or for any other costs or
other expenses incurred by an Applicant in preparation or submission of the
Proposal, regardless of the conduct or outcome of the Selection Process.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

Glossary

Agreement as defined in Schedule-2

Agreement Value as defined in Clause 6.1.2 of Schedule-2
Applicable Laws as defined in Schedule-2
Applicant as defined in Clause 2.1.1
Associate as defined in Clause 2.3.3
Authorised Representative as defined in Clause 2.13.3
Authority as defined in Clause 1.1.1
Bid Security as defined in Clause 2.20.1
Concession Agreement as defined in Clause 1.1.2
Concessionaire as defined in Clause 1.1.2
Conditions of Eligibility as defined in Clause 2.2.1
Conflict of Interest as defined in Clause 2.3.1
Consultancy as defined in Clause 1.2
Consultancy Team as defined in [Clause 8] of Schedule-1
Consultant as defined in Clause 1.2 CV Curriculum Vitae
DBFOT Design, Build, Finance, Operate and Transfer
Deliverables as defined in Clause 4 of Schedule-1
Documents as defined in Clause 2.12
Effective Date as defined in Clause 2.1 of Schedule-2
Eligible Assignments as defined in Clause 3.1.4
Expatriate Personnel as defined in Clause 1.1.1(i) of Schedule-2
Feasibility Report or FR as specified in [Clause 4(G)] of Schedule-1
Financial Proposal as defined in Clause 2.15.1
Form of Agreement Form of Agreement as in Schedule-2
INR, Re, Rs. Indian Rupee(s)
Inception Report as specified in [Clause 4(A)] of Schedule-1
Key Date or KD as defined in [Clause 6.2] of Schedule-1
Key Personnel as defined in Clause 2.1.4
Lead Member as defined in Clause 2.1.1
LOA Letter of Award
Lump Sum Payment as defined in Clause 11.2 of Schedule-1
Manual as defined in Clause 1.2 of Schedule-1
MCA as defined in Clause 1.1.3
Member as defined in Clause 2.3.3(i)
Official Website as defined in Clause 1.11.2
Personnel as defined in Clause 1.1.1(m) of Schedule-2
Public Private Partnership
Professional Personnel as defined in Clause 2.14.6
Prohibited Practices as defined in Clause 4.1
Project as defined in Clause 1.1.2
Project Manager as defined in Clause 4.6 of Schedule-2
Proposal as defined in Clause 1.2
Proposal Due Date or PDD as defined in Clauses 1.5 and 1.8
Resident Personnel as defined in Clause 1.1.1(o) of Schedule-2
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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

RFP as defined in Disclaimer

Selected Applicant as defined in Clause 1.6
Selection Process as defined in Clause 1.6
Services as defined in Clause 1.1.1(q) of Schedule-2
Sole Firm as defined in Clause 2.1.1
Statement of Expenses as defined in Note 13, Form-2 of Appendix-II
Statutory Auditor as Auditor appointed under Applicable Laws
Sub-Consultant as defined in Clause 1.1.1(r) of Schedule-2
Support Personnel as defined in Clause 2.14.6
Team Leader as defined in Clause 2.1.4
Technical Proposal as defined in Clause 2.14.1
TOR as defined in Clause 1.1.3
US$ United States Dollar
WG as defined in Clause 9.1 of Schedule-1

The words and expressions beginning with capital letters and defined in
this document shall, unless repugnant to the context, have the meaning
ascribed thereto herein.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

JAWAHARLAL NEHRU PORT AUTHORITY

(PORT PLANNING AND DEVELOPMENT DEPARTMENT)

Short e-Tender Notice

Tender No.: - PPD/DGM-I/SL Road/T-16/2025 Date-21.04.2025

Jawaharlal Nehru Port Authority invites proposal “ONLINE” from

28.04.2025 to 19.05.2025 from consultants fulfilling the Minimum Eligibility
Criteria (MEC) as stipulated in the RFP for "Consultancy Services for
Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and Construction of ROB
connecting Jaskar and Karal Village at JN Port”
Detailed Notice Inviting Proposal and RFP Document is available on
JNPA website “www.jnport.gov.in” and CPP Portal “https://eprocure.gov.in”.

Chief General Manager (PP&D)

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

INTRODUCTION

Background

• Jawaharlal Nehru Port (JNP) is one of the 12 major ports of India and
is located in the West Coast of India at Latitude 18° 56’ 43” N and
Longitude 72° 56’24”E. The port was developed by the government of
India to decongest the Mumbai Port and commissioned on 26th May,
1989 and declared as a Major Port under Major Port Authority Act. Now,
it is replaced by Jawaharlal Nehru Port Authority as per the Government
Gazette notification.

• The Port has 5 Container Terminals, two liquid Cargo Terminal, a

shallow water berth & Coastal Berth. In order to have a smooth flow of
traffic from to the Port has Road infrastructure in the form of Highways/
Expressways. Apart from a Dedicated Freight Corridor (DFC) by
Ministry of Railways, in addition to the present Rail Connectivity with
the National Network is in advance stage. The port has constructed
Mooring Dolphins on either side of the existing liquid Cargo terminal so
as to increase the berth length to handle vessels of LOA 300mts.

• Some of the special features of the Port is that it is an all-weather port

which is operated 24X7 and having a vessel Traffic Management
System (VTMS) and computerized operations with single window
operation system

• The present container terminals operated by DP World, APM Terminal,

PSA & JM Baxi – CMA Group on PPP mode for 30 years and
concession agreement is signed.

• Additional Liquid Cargo Jetty with estimated capacity of 4.5 MTPA is

commissioned on PPP mode. Coastal Berth with a capacity of 2.5
MTPA is developed. The operationalization of coastal berth and
existing Shallow Water Berth are awarded on PPP Mode.

• The entire channel is designed for handling vessels up to 12,500 TEU

channel with draft of 15 m by using tidal window. The vessels of 6000
TEU capacity are being handled at any state of tide. The vessels of
9000 TEUs and above are handled with advantage of tide.

• The 6/8-line road connectivity from JNPA to Panvel and Amara-marge

is completed.

• Common Rail facility is completed and DFCC compliance works

including third rail are being taken up and the same are expected to be
completed by June 2025.

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 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

1.1.2 The construction of Phase-II facilities of Fourth Container Terminal

(FCT) is in progress through Concessionaire and the capacity of FCT
after commissioning of Phase-II facilities will be 4.8 million TEUs by
May 2025.

Taking into consideration the future traffic and logistic trend, it is

decided to have new minimum 6 lane port entry access road to JNPA
in addition to existing Road access. Same will cater to future increasing
traffic to avoid congestion on the Roads to facilitate Ease of doing
Business. Same is identified under JNPA’s Master Plan. It is decided,
it will be Elevated Road. To minimize village traffic on container road
from safety and traffic congetion point of view and to ease village traffic
movement from Jaskar to Karal, it is decided to construct ROB over
existing JNPA’s rail line and proposed DFC lines connecting Jaskar
and Karal village.

1.1.3 In pursuance of the above, the Authority has decided to carry out the
process for selection of a Technical Consultant for Consultancy
Services for Preparation of Detailed Project Report and Detailed
Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN
Port.

The Technical Consultant shall be responsible carry out

Reconnaissance, Preliminary Survey, Detailed Survey, Inception
Report, Feasibility Report, Geotechnical investigation, Preparation
Road Alignment Road Geometric Design, Detailed Engineering
including cost estimates, identification for locations for bridges,
Preparation of GAD and vetting it through IIT, Bombay, preparation of
bid documents for tendering, All Studies Required for obtaining CRZ &
Environmental Clearance, assisting JNPA for Obtaining CRZ, EC
clearance, permission from Hon’ble Bombay High Court as per EIA
notification and detailed project report in accordance with the Terms of
Reference specified at Schedule-1 (the “TOR”).

1.11 Request for Proposal

The Authority Invites Proposals (the “Proposals”) for Consultancy

Services for Preparation of Detailed Project Report and Detailed
Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN
Port
(the “Consultant”) who shall provide consultancy services towards
preparation of DPR including Detailed Engineering, studies required for
obtaining CRZ, EC clearance, permission from Hon’ble Bombay High
Court and assisting JNPA in obtaining same as per EIA notification.
The Consultant shall study relevant reports, Master Plan, Land Use

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 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

Plan etc. of the Port and undertake other activities in conformity with
the TOR (collectively the “Consultancy”).

Assignment Period-

Sr. Assignment Name Period

No.
1 Construction of Second Link 8 Months form issue of
Road to JN Port LOA (Excluding 15 days
of mobilization period
including monsoon)

2 Construction of ROB 4 Months form issue of

connecting Jaskar and Karal LOA (Excluding 15 days
Village at JN Port of mobilization period
including monsoon)

The Authority intends to select the Consultant through an online open

competitive bidding process in accordance with the procedure set out
herein.

1.12 Due diligence by Applicants

Applicants are encouraged to inform themselves fully about the

assignment and the local conditions before submitting the Proposal by
paying a visit to the Authority and the Project site, sending written
queries to the Authority, and attending a Preproposal Conference on the
date and time specified in Clause 1.10.

1.13 Sale of RFP Document

RFP document can be obtained online on all working days on or before

the Proposal Due Date. Interested bidder will have to submit tender fee
of Rs.23,600/- including GST (Rupees Twenty three thousand Six
hundred only) in the form of RTGS/ NEFT for Bank Detailed see Clause
no. 2.16.3.(2). The tender document can be downloaded from
www.jnport.gov.in or https://eprocure.gov.in. The cost of tender
document shall be submitted along with bid document in a separate
envelop.

1.14 Validity of the Proposal

The Proposal shall be valid for a period of not less than 120 days from
the Proposal Due Date (the “PDD”).
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 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

1.15 Brief description of the Selection Process

The Authority has adopted a two stage selection process (collectively

the “Selection Process”) in evaluating the Proposals comprising
technical and financial bids to be submitted on-line. In the first stage, a
technical evaluation will be carried out as specified in Clause 3.1.
Based on this technical evaluation, a list of short-listed applicants shall
be prepared as specified in Clause 3.2. In the second stage, a financial
evaluation will be carried out as specified in Clause 3.3 below. The
bidder whose bid found lowest in financial bid will be declared as the
selected applicant (the “Selected Applicant”).

1.16 Currency conversion rate and payment

For the purposes of technical evaluation of Applicants, Rs.85.44 per

US $ shall be- considered as the applicable currency conversion rate.
In case of any other currency, the same shall first be converted to US$
as on the date 60 (sixty) days prior to the Proposal Due Date, and the
amount so derived in US$ shall be converted into INR at the aforesaid
rate. The conversion rate of such currencies shall be the daily
representative exchange rates published by the International Monetary
Fund for the relevant date.

All payments to the Consultant shall be made in INR in accordance with

the provisions of this RFP. The Consultant may convert INR into any
foreign currency as per Applicable Laws and the exchange risk, if any,
shall be borne by the Consultant.

1.17 Schedule of Selection Process

Sr. Events Timelines

No.
1 Sale of RFP document 28.04.2025 to 19.05.2025 Up to
1500 Hrs
2 Last date of receiving queries 04.05.2025 upto 1700 Hrs.
/clarification
3 Pre Bid Meeting 1130 Hrs. on 05.05.2025
4 Last Date of Submission 19.05.2025 upto 1500 Hrs
5 Proposal Due Date (PDD) Upto 15:00 hrs. on 19.05.2025
6 Opening of Proposals 20.05.2025 at 1530 hrs.

1.9 Pre-Proposal visit to the Site and inspection of data

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

Prospective applicants may visit the Site and review the available data
at any time prior to PDD. For this purpose, they will provide at least two
days’ notice to the nodal officer specified below: -

Chief General Manager (PP&D),

Port Planning and Development Department,
Jawaharlal Nehru Port Authority,
1st Floor, Administration Building, Sheva,
Navi Mumbai-400 707
Maharashtra, India.
Cell No: +91-022-67814178
e-mail address: [email protected]

1.10 Pre-Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:

Date: 05.05.2025 Time: 1130 hrs

Venue: Conference Hall,

Jawaharlal Nehru Port Authority,
Administration Building, Sheva
Navi Mumbai-400 707
Maharashtra, India

1.11 Communications

1.11.1 All communications including the submission of Proposal should be

addressed to:

Chief General Manager (PP&D),

Port Planning and Development Department,
Jawaharlal Nehru Port Authority,
Administration Building, 1st Floor, Sheva,
Navi Mumbai-400 707, Maharashtra, India,
Cell NO: +91-022-67814178,
e-mail Address: [email protected]

1.11.2 The Official Website of the Authority is:

http://www.jnport.gov.in

1.11.3 All communications, including the envelopes, should contain the

following information, to be marked at the top in bold letters:

Tender No.: - PPD/DGM-I/SL Road/T-16/2025 Date-21.04.2025

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

“Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN Port”

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

INSTRUCTIONS TO APPLICANTS

GENERAL

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, Scope of services, Deliverables

and other requirements relating to this Consultancy are specified in this
RFP. In case an applicant firm possesses the requisite experience and
capabilities required for undertaking the Consultancy, it may participate
in the Selection Process either individually (the “Sole Firm”) or as lead
member of a consortium of firms (the “Lead Member”) in response to
this invitation. The term applicant (the “Applicant”) means the Sole Firm
or the Lead Member, as the case may be. The manner in which the
Proposal is required to be submitted, evaluated and accepted is
explained in this RFP.

2.1.2 Applicants are advised that the selection of Consultant shall be on the
basis of an evaluation by the Authority through the Selection Process
specified in this RFP. Applicants shall be deemed to have understood
and agreed that no explanation or justification for any aspect of the
Selection Process will be given and that the Authority’s decisions are
without any right of appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified
in this Part-2 of the RFP. The Technical proposal shall be submitted in
the form at Appendix-I and the Financial Proposal shall be submitted in
the form at Appendix-II. Upon selection, the Applicant shall be required
to enter into an agreement with the Authority in the form specified at
Schedule-2.

2.1.4 Key Personnel

The Consultancy Team shall consist of the following key personnel (the
“Key Personnel”) who shall discharge their respective responsibilities
as specified below:

Key Personnel Responsibilities

He/ She will lead, co-ordinate and supervise the

multidisciplinary team for delivering the
Consultancy in a timely manner as envisaged in this
Team Leader
RFP within the constraints specified in the TOR. He/
She shall be responsible for overall quality of
deliverables.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

He/ She shall be responsible for fixing Alignment

Highway Engineer
checking its feasibility, Geometric design of road &
/Pavement Engineer
bridges, etc. within the constraints specified in TOR.
He/ She shall be responsible for carrying out all
requisite Geotechnical investigation/ Studies and
sub-soil exploration (i.e. conducting all relevant filed
Geo Technical
test & laboratory tests on soil and rock samples
Expert
collected, Preparation of Geotechnical Investigation
Report for Proposed road alignment as per latest
IRC code and MoRTH guidelines.
He/ She shall be responsible for design of elevated
road & bridge, embankment, retaining wall,
Bridge Design Abutment & other Structural members proposed for
Engineer road Alignment. He shall also be responsible for
getting proof checking for DBR & GAD/GFC
drawings from IIT, Mumbai.
He/ She shall be responsible for Financial &
Financial Expert economic viability of project & development of
suitable Financial model for the proposed project.
He/ She shall be responsible for carrying out all
required EIA/ EMP and other required Studies
required for obtaining CRZ, Environmental
Environmental Expert
Clearance, permission from Hon’ble Bombay High
Court & assisting JNPA for obtaining same as per
EIA notification.

Note: - Consultant should be National Accreditation Board for Education

& Training (NABET) accredited certified consultant for doing EIA
& EMP studies and obtaining CRZ and EC clearance for Road
projects. If consultant is not having National Accreditation Board
for Education & Training (NABET) accredited certified consultant
for doing EIA & EMP studies and obtaining CRZ and EC clearance
for Road projects, outsourcing for the same is allowed with the
approval of Engineer-in- charge.

2.2 Conditions of Eligibility of Applicants

2.2.1 Applicants must read carefully the minimum conditions of eligibility (the
“Conditions of Eligibility”) provided herein. Proposals of only those
Applicants who satisfy the Conditions of Eligibility will be considered for
evaluation.

2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the
following:

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 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and
Karal village at jn port

A. Technical Capacity: The Applicant shall have, over the past 7

(seven) years preceding the PDD, undertaken a minimum of 2
(Two) Eligible Assignments as specified in Clause 3.1.4.

Eligible Assignments means: -

For the purposes of determining conditions of Eligibility and for

evaluating the proposals under RFP, Consultancy assignments in
respect of the following projects shall be deemed as eligible
assignments (the “Eligible Assignments”)

“DPR preparation consultancy service for the project having an

estimated capital cost (excluding land) of project of at least Rs. 530
Crores”.
Provided that the Applicant firm claiming credit for an Eligible
Assignment shall have, prior to PDD, received professional fees of at
least Rs. 2 crores for such assignment.

B. Financial Capacity: The Applicant shall have received a minimum

income of Rs. 1.20 crores on per annum from professional fees
during each of the 3 (three) financial years preceding the Proposal
Due Date. For the purpose of evaluation, Applicants having
comparatively larger revenues from professional fees shall be given
added weightage. For the avoidance of doubt, professional fees
hereunder refer to fees received by the Applicant for providing
advisory or consultancy services to its clients.

C. Availability of Key Personnel: The Applicant shall offer and make

available all Key Personnel meeting the requirements specified in
Sub-clause (D) below.

D. Conditions of Eligibility for Key Personnel: Each of the Key

Personnel must fulfil the Conditions of Eligibility specified below:

Length of
Key Educational Experience on Eligible
Professional
Personnel Qualification Assignments
Experience
He/ She should have lead the
Team Leader Graduate in Civil Minimum 20
teams for at least 3 (three)
Engineering Years
DPR Assignments.

Highway He/ She should have Highway

Post Graduate Minimum 20
Engineer / Pavement design experience
in Highway Years
/Pavement for at least 2 DPR
Engineering
Engineer assignments.

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Geo Technical Post Graduate He/ She should have work as a

Minimum 15
Expert in Geotechnical Geotechnical Expert for at
Years
Engineering least 2 DPR assignments.
He/ She should have
Post Graduate
Bridge Design Minimum 10 experience of Bridge design
in Structural
Engineer Years for at least 2 DPR
Engineering
assignments.
He/ She should have
Financial Minimum 15 experience of Financial Expert
CA/ ICWA
Expert Years for at least 2 DPR
assignments.
Post-Graduation
He/ She should have worked
Environmental Environmental Minimum 15
as an Environmental Expert for
Expert Science/ Years
at least 2 DPR assignments
Engineering

Note: - Consultant should be National Accreditation Board for Education

& Training (NABET) accredited certified consultant for doing EIA
& EMP studies and obtaining CRZ and EC clearance for Road
projects. If consultant is not having National Accreditation Board
for Education & Training (NABET) accredited certified consultant
for doing EIA & EMP studies and obtaining CRZ and EC clearance
for Road projects, outsourcing for the same is allowed with the
approval of Engineer-in- charge.

* Higher Qualification than mentioned above is accepted.

1. Minimum Education Qualification: For fulfilling educational

qualification Criteria of key personnel, bidder has to submit self-signed
CV.
2. Experience Criteria: Bidder shall have to declare experience of key
personnel in prescribed format at from – 11 of RFP with applicant and
key personnel’s declaration.

All necessary supporting technical staff like Project Manager, QA/ QC

Engineer and office staff/ office establishment /IT support /Stationary/
Transport arrangement / communication support etc. shall be provided by the
consultant at their cost for their day to day use at no extra cost to the
employer.

2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its
Chartered Accountant with UDIN Number (Compulsory) stating its total
revenues from professional fees during each of the past three financial
years as per the format at form -5 and the fee received in respect of
each of the Eligible Assignments specified in the Proposal.

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2.2.4 MSME & making in India Purchase preference

Clause No. 1: Eligibility of Participants:

For the purpose of participating in this tender, an eligible bidder shall be:
1) Any Individual/Proprietorship Firm/Partnership Firm/Company registered
under the Companies Act, 2013 (erstwhile Companies Act
1956)/Society/Autonomous Body thereof fulfilling the Minimum Qualifying
Criteria as defined in this tender;
2) Any MSE or Non MSE firm (Micro and Small Enterprise Firm)
3) A ‘Class-I’ or ‘Class-II’ local supplier as per the definitions given below and
as per the order no. P-45021/2/2017-PP (BE-II) dated 16.09.2020 issued by
DPIIT)
a) ‘Class-I Local Supplier’ means a supplier or service provider, whose
goods, services or works offered for procurement, meets the
minimum local content as prescribed for ‘Class-I Local Supplier’ in
clause no. 2 given below
b) ‘Class-II Local Supplier’ means a supplier or service provider, whose
goods, services or works offered for procurement, meets the
minimum local content as prescribed for ‘Class-II Local Supplier’ in
Supplier’ in clause no. 2 given below

Clause No. 2: Threshold value for eligible local suppliers

Sr. No. Class of Supplier Threshold Minimum Local

Content
1 Class-I Local Supplier 50%
2 Class-II Local Supplier 20%

Where, ‘Local Content’ shall mean the amount of value added in India which
shall, be the total value of the item procured (excluding net domestic indirect
taxes) minus the value of imported content in the item (including all custom
duties) as a production of the total value, in present.

Clause No. 3: Purchase Preference Margin

Purchase Preference Margin in the context of this tender shall mean the
maximum extent to which the price quoted by a ‘Class-I & II’ local supplier or a
MSE bidder may be above the L1 for the purpose of purchase preference.
The Purchase Preference Margin shall be as under:

Sr. No. Nature of Bidder Purchase Preference Margin*

1 Class-I & II Local Supplier +20%
2 MSE Bidder +15%
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The concurrent applicability of the above purchase preference margin shall be

governed as per the provisions of OM No. F.1/4/2021-PPD dated 18.05.2023
issued by Department of Expenditure and detailed at clause no. 5 below.

Clause No. 4: Verification of documents w.r.t eligibility:

The bidders shall submit along with their technical bid submission the following
documents:
1) Certificate of Incorporation/Registration under companies act 2013 (erstwhile
1956), PAN & GST.
2) For MSE’s availing benefits extended under this tender shall submit the
Udhyam Registration Certificate with the Udhyam Registration Number as
proof of their being MSE registered on the Udhyam Registration Portal. The
certificate shall be of latest but before the deadline for the bid submission.
Certificate should be submitted with the QR code embossed on it.
3) Verification of local content: The Class-I/Class-II local suppliers shall submit
a self-certification as per Form-I annexed to the tender undertaking that the
items offered meets the local content required for Class-I/Class-II suppliers
as the case may be.
4) In case of procurement for a value in excess of Rs. 10.00 cr. Class-I/Class-
II suppliers shall submit a certificate from the statutory auditor or cost auditor
of the company or, practicing Cost Accountants or practising chartered
accountant giving the percentage of local content. False declaration
submitted in this regard shall be treated as breach of code of integrity under
rule 175 (1) (i) (h) of the general financial rules for which the bidder or its
successors can be debarred for upto two years as per rule 151 (iii) of the
GFR along with such other action permissible under Law. A supplier who has
been debarred by any procuring entity for violation of this order shall not be
eligible for any preference as defined in this tender for the duration of such
debarment.

Clause No. 5: Evaluation of bids w.r.t. preference criteria defined at Clause

No.3:
For the purpose of arriving at the L1 bidder for award of work, the following
procedure shall be adopted:

i. L-1 is "MSE Class-I local supplier"- Contract is awarded to L-1.

ii. L-1 is not "MSE Class-I local supplier" but the "MSE Class-I local
supplier" falls within 15% margin of purchase preference - Purchase
preference is to be given to lowest quoting "MSE Class-I local supplier".
If lowest quoting "MSE Class-I local supplier" does not accept the L-1
rates, the next higher "MSE Class-I local supplier" falling within 15%

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margin of purchase preference is to be given purchase preference and

so on.

iii. If conditions mentioned in sub paras (i) and (ii) above are not met i.e. L-
1 is neither "MSE Class-I local supplier" nor "MSE Class-I local supplier"
is eligible to take benefit of purchase preference, the contract is to be
awarded/purchase preference to be given in different possible
scenarios as under:

A. L 1 is "MSE but non-Class-l local supplier" or "Non-MSE but

Class-I local supplier" —Contract is to be awarded to L-1.
B. L 1 is "Non-MSE non-Class-l local supplier" - First purchase
preference to be given to MSE i.e. participating MSE quoting
price within price band of L1 +15% by bringing down their price
to L1. If MSE not eligible/ does not accept - purchase preference
to be given to Class- I Local supplier i.e. participating Class- I
supplier quoting price within price band of L1 +20% by bringing
down their price to L1. If Class-I Local supplier also not eligible/
does not accept — contract to be awarded to L-1.

2.2.5 Documents to be submitted in bid with the certification of Chartered

Accountant must be with UDIN Number (Compulsory).

2.2.6 The Applicant should submit a Power of Attorney as per the format at
Form-4 of Appendix-I; provided, however, such Power of Attorney
would not be required if the Application is signed by a partner of the
Applicant, in case the Applicant is a partnership firm or limited liability
partnership.

Following must be noted/ complied: -

A. The Partner or Director who is authorizing any other person for Power
of Attorney must submit the Board Resolution/Resolution passed by
the Company/Partnership firm clearly stating that the Person signing
Power of Attorney is authorized to signed the Power of Attorney on
behalf of the Board.
B. In case no such document is existing, Power of Attorney must be
signed by All the partners in case of Partnership Firm or All the
Directors in case of Company.
C. Power of Attorney must be notarized.
2.2.7 Any entity which has been barred by the Central Government, any State
Government, a statutory authority or a public sector undertaking, as the
case may be, from participating in any project, and the bar subsists as

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on the date of Proposal, would not be eligible to submit a Proposal

either by itself or through its Associate.

2.2.8 An Applicant or its Associate should have, during the last three years,
neither failed to perform on any agreement, as evidenced by imposition
of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Applicant or its
Associate, nor been expelled from any project or agreement nor have
had any agreement terminated for breach by such Applicant or its
Associate.

2.2.9 While submitting a Proposal, the Applicant should attach clearly marked
and referenced continuation sheets in the event that the space provided
in the specified forms in the Appendices is insufficient. Alternatively,
Applicants may format the specified forms making due provision for
incorporation of the requested information.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the
Selection Process or the Consultancy (the “Conflict of Interest”). Any
Applicant found to have a Conflict of Interest shall be disqualified. In
the event of disqualification, the Authority shall forfeit and appropriate
the Bid Security as mutually agreed genuine pre-estimated
compensation and damages payable to the Authority for, inter alia, the
time, cost and effort of the Authority including consideration of such
Applicant’s Proposal, without prejudice to any other right or remedy that
may be available to the Authority hereunder or otherwise.

2.3.2 The Authority requires that the Consultant provides professional,

objective, and impartial advice and at all times hold the Authority’s
interests paramount, avoid conflicts with other assignments or its own
interests, and act without any consideration for future work. The
Consultant shall not accept or engage in any assignment that would be
in conflict with its prior or current obligations to other clients, or that may
place it in a position of not being able to carry out the assignment in the
best interests of the Authority.

2.3.3 Some guiding principles for identifying and addressing Conflicts of

Interest have been illustrated in the Guidance Note at Schedule-3.
Without limiting the generality of the above, an Applicant shall be
deemed to have a Conflict of Interest affecting the Selection Process,
if the Applicant, its consortium member (the “Member”) or Associate (or
any constituent thereof) and any other Applicant, its consortium
member or Associate (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect
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shareholding or ownership interest of an Applicant, its Member or

Associate (or any shareholder thereof having a shareholding more than
5 per cent of the paid up and subscribed share capital of such Applicant,
Member or Associate, as the case may be) in the other Applicant, its
consortium member or Associate is less than 5% (five per cent) of the
subscribed and paid up equity share capital thereof; provided further
that this disqualification shall not apply to any ownership by a bank,
insurance company, pension fund or a public financial institution
referred to in section 4A of the Companies Act, 1956. For the purposes
of this Clause 2.3.3(a), indirect shareholding held through one or more
intermediate persons shall be computed as follows:
(aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such
controlling person in the Subject Person; and (bb) subject always to
sub-clause (aa) above, where a person does not exercise control over
intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject
Person shall be undertaken on a proportionate basis; provided,
however, that no such shareholding shall be reckoned under this sub-
clause (bb) if the shareholding of such person in the intermediary is less
than 26% (twenty six per cent) of the subscribed and paid up equity
shareholding of such intermediary; or a constituent of such Applicant is
also a constituent of another Applicant; or such Applicant or its
Associate receives or has received any direct or indirect subsidy or
grant from any other Applicant or its Associate; or such Applicant has
the same legal representative for purposes of this Application as any
other Applicant; or such Applicant has a relationship with another
Applicant, directly or through common third parties, that puts them in a
position to have access to each other’s’ information about, or to
influence the Application of either or each of the other Applicant; or
there is a conflict among this and other consulting assignments of the
Applicant (including its personnel and Sub-consultant) and any
subsidiaries or entities controlled by such Applicant or having common
controlling shareholders. The duties of the Consultant will depend on
the circumstances of each case. While providing consultancy services
to the Authority for this particular assignment, the Consultant shall not
take up any assignment that by its nature will result in conflict with the
present assignment; or a firm which has been engaged by the Authority
to provide goods or works or services for a project, and its Associates,
will be disqualified from providing consulting services for the same
project save and except as provided in Clause 2.3.4; conversely, a firm
hired to provide consulting services for the preparation or
implementation of a project, and its Members or Associates, will be
disqualified from subsequently providing goods or works or services

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related to the same project; or the Applicant, its Member or Associate

(or any constituent thereof), and the bidder or Concessionaire, if any,
for the Project, its contractor(s) or sub-contractor(s) (or any constituent
thereof) have common controlling shareholders or other ownership
interest; provided that this disqualification shall not apply in cases
where the direct or indirect shareholding or ownership interest of an
Applicant, its Member or Associate (or any shareholder thereof having
a shareholding of more than 5% (five per cent) of the paid up and
subscribed share capital of such Applicant, Member or Associate, as
the case may be,) in the bidder or Concessionaire, if any, or its
contractor(s) or subcontractor(s) is less than 5% (five per cent) of the
paid up and subscribed share capital of such Concessionaire or its
contractor(s) or sub-contractor(s); provided further that this
disqualification shall not apply to ownership by a bank, insurance
company, pension fund or a Public Financial Institution referred to in
section 4A of the Companies Act, 1956. For the purposes of this sub-
clause (h), indirect shareholding shall be computed in accordance with
the provisions of sub-clause (a) above.

For purposes of this RFP, Associate means, in relation to the

Applicant, a person who controls, is controlled by, or is under the
common control with such Applicant (the “Associate”). As used in this
definition, the expression “control” means, with respect to a person
which is a company or corporation, the ownership, directly or indirectly,
of more than 50% (fifty per cent) of the voting shares of such person,
and with respect to a person which is not a company or corporation, the
power to direct the management and policies of such person by
operation of law or by contract.

2.3.4 An Applicant eventually appointed to provide Consultancy for this

Project, and its Associates, shall be disqualified from subsequently
providing goods or works or services related to the construction and
operation of the same Project and any breach of this obligation shall be
construed as Conflict of Interest; provided that the restriction herein
shall not apply after a period of 5 (five) years from the completion of
this assignment or to consulting assignments granted by banks/ lenders
at any time; provided further that this restriction shall not apply to
consultancy/ advisory services performed for the Authority in
continuation of this Consultancy or to any subsequent consultancy/
advisory services performed for the Authority in accordance with the
rules of the Authority. For the avoidance of doubt, an entity affiliated
with the Consultant shall include a partner in the Consultant’s firm or a
person who holds more than 5% (five per cent) of the subscribed and
paid up share capital of the Consultant, as the case may be, and any
Associate thereof.

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2.4 Number of Proposals

No Applicant or its Associate shall submit more than one Application for
the Consultancy. An Applicant applying individually or as an Associate
shall not be entitled to submit another application either individually or
as a member of any consortium, as the case may be.

2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with
the preparation of their Proposals and their participation in the
Selection Process including subsequent negotiation, visits to the
Authority, Project site etc. The Authority will not be responsible or in
any way liable for such costs, regardless of the conduct or outcome of
the Selection Process.

2.6 Site visit and verification of information

Applicants are encouraged to submit their respective Proposals after

visiting the Project site and ascertaining for themselves the site
conditions, location, surroundings, climate, access to the site,
availability of drawings and other data with the Authority, Applicable
Laws and regulations or any other matter considered relevant by them.
Visits shall be organised for the benefit of prospective Applicants on
dates, time and venue as specified in Clause 1.9.

2.7 Acknowledgement by Applicant

2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:
made a complete and careful examination of the RFP; received all
relevant information requested from the Authority; acknowledged and
accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of the Authority or
relating to any of the matters referred to in Clause 2.6 above; satisfied
itself about all matters, things and information, including matters
referred to in Clause 2.6 herein above, necessary and required for
submitting an informed Application and performance of all of its
obligations thereunder; acknowledged that it does not have a Conflict
of Interest; and agreed to be bound by the undertaking provided by it
under and in terms hereof.

2.7.2 The Authority shall not be liable for any omission, mistake or error on
the part of the Applicant in respect of any of the above or on account of
any matter or thing arising out of or concerning or relating to RFP or the
Selection Process, including any error or mistake therein or in any
information or data given by the Authority.

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2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the Authority reserves

the right to accept or reject any Proposal and to annul the Selection
Process and reject all Proposals, at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Authority

reserves the right to reject any Proposal if: at any time, a material
misrepresentation is made or discovered, or the Applicant does not
provide, within the time specified by the Authority, the supplemental
information sought by the Authority for evaluation of the Proposal.

Misrepresentation/ improper response by the Applicant may lead to the

disqualification of the Applicant. If the Applicant is the Lead Member of
a consortium, then the entire consortium may be disqualified / rejected.
If such disqualification / rejection occurs after the Proposals have been
opened and the highest ranking Applicant gets disqualified / rejected,
then the Authority reserves the right to consider the next best Applicant,
or take any other measure as may be deemed fit in the sole discretion
of the Authority, including annulment of the Selection Process.

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DOCUMENTS

2.9 Contents of the RFP

2.9.1 This RFP comprises the Disclaimer set forth hereinabove, the contents
as listed below and will additionally include any Addendum/
Amendment issued in accordance with Clause

2.9.2 Request for Proposal

1 Introduction
2 Instructions to Applicants
3 Criteria for Evaluation
4 Fraud and corrupt practices
5 Pre-Proposal Conference
6 Miscellaneous

Schedules

1 Terms of Reference
2 Form of Agreement

Annex-1: Terms of Reference

Annex-2: Deployment of Personnel
Annex-3: Estimate of Personnel Costs
Annex-4: Approved Sub-Consultant(s)
Annex-5: Cost of Services
Annex-6: Payment Schedule
Annex-7: Bank Guarantee for Performance Security
Annex-8: National Electronic Fund Transfer (NEFT)
Annex-9: Proforma of Integrity Pact
Annex-10: Undertaking for Class I/II Local Supplier
Annex-11: Bank Guarantee proforma for Bid Security
Annex-12: Proforma for Insurance Surety Bond for Bid Security
Annex-13: Proforma for Insurance Surety Bond for Performance
security

3 Guidance Note on Conflict of Interest

Appendices

Appendix-I: Technical Proposal

Form 1: Letter of Proposal

Form 2: Particulars of the Applicant

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Form 3: Statement of Legal Capacity

Form 4: Power of Attorney
Form 5: Financial Capacity of Applicant
Form 6: Particulars of Key Personnel
Form 7: Proposed Methodology and Work Plan
Form 8: Abstract of Eligible Assignments of Applicant
Form 9: Abstract of Eligible Assignments of Key Personnel
Form 10: Eligible Assignments of Applicant
Form 11: Eligible Assignments of Key Personnel
Form 12: CV of Key Personnel
Form 13: Deployment of Personnel
Form 14: Survey and Field Investigations
Form 15: Proposal for Sub-Consultant(s)

Appendix-II: Financial Proposal

Form 1: Covering Letter

Form 2: Financial Proposal

2.10 Clarifications

2.10.1 Applicants requiring any clarification on the RFP may send their
queries to the Authority in writing before the date mentioned in the
Schedule of Selection Process at Clause 1.8. The envelopes shall
clearly bear the following identification:

Queries/Request for Additional Information concerning RFP

“Consultancy Services for Preparation of Detailed Project Report
and Detailed Engineering for Construction of Second Link Road
to JN Port and Construction of ROB connecting Jaskar and Karal
Village at JN Port”

The Authority shall endeavour to respond to the queries within the

period specified therein but not later than 7 (seven) days prior to the
Proposal Due Date. The Authority will post the reply to all such queries
on the Official Website & CPP Portal without identifying the source of
queries.

2.10.2 The Authority reserves the right not to respond to any questions or
provide any clarifications, in its sole discretion, and nothing in this
Clause 2.10 shall be construed as obliging the Authority to respond to
any question or to provide any clarification.

2.11 Amendment of RFP

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2.11.1 At any time prior to the deadline for submission of Proposal, the
Authority may, for any reason, whether at its own initiative or in
response to clarifications requested by an Applicant, modify the RFP
document by the issuance of Addendum/ Amendment and posting it on
the Official Website / CPP Portal.

2.11.2 The amendments will also be posted on the Official Website / CPP
Portal along with the revised RFP containing the amendments and will
be binding on all Applicants.

2.11.3 In order to afford the Applicants a reasonable time for taking an

amendment into account, or for any other reason, the Authority may, in
its sole discretion may extend the Proposal Due Date.

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PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language

The Proposal with all accompanying documents (the “Documents”) and

all communications in relation to or concerning the Selection Process shall be
in English language and strictly on the forms provided in this RFP. No
supporting document or printed literature shall be submitted with the Proposal
unless specifically asked for and in case any of these Documents is in another
language, it must be accompanied by an accurate translation of the relevant
passages in English, in which case, for all purposes of interpretation of the
Proposal, the translation in English shall prevail.
The bidders are required to submit soft copies of all the documents
electronically on line on the CPP Portal, using valid Digital Signature
Certificates.

2.13 Format and signing of Proposal

2.13.1 The Applicant shall provide all the information sought under this RFP.
The Authority would evaluate only those Proposals that are received
on line in the specified forms and complete in all respects.

2.13.2 The Proposal and its copy shall be typed or written in indelible ink and
signed by the authorised signatory of the Applicant who shall initial
each page, in blue ink. In case of printed and published Documents,
only the cover shall be initialled. All the alterations, omissions,
additions, or any other amendments made to the Proposal shall be
initialled by the person(s) signing the Proposal. The Proposals must be
properly signed by the authorised representative (the “Authorised
Representative”) as detailed below:
a. by the proprietor, in case of a proprietary firm; or
b. by a partner, in case of a partnership firm and/or a limited liability
partnership; or
c. by a duly authorised person holding the Power of Attorney, in case
of a Limited Company or a corporation; or
d. by the authorised representative of the Lead Member, in case of
consortium.
A copy of the Power of Attorney certified under the hands of a partner
or director of the Applicant and notarised by a notary public in the form
specified in Appendix-I (Form- 4) shall accompany the Proposal.

2.13.3 Applicants should note the Proposal Due Date, as specified in Clause
1.8, for submission of Proposals. Except as specifically provided in this
RFP, no supplementary material will be entertained by the Authority,
and that evaluation will be carried out only on the basis of documents
received on line by the closing time of Proposal Due Date as specified
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in Clause 2.17.1. Applicants will ordinarily not be asked to provide

additional material information or documents subsequent to the date of
submission, and unsolicited material if submitted will be summarily
rejected. For the avoidance of doubt, the Authority reserves the right to
seek clarifications under and in accordance with the provisions of
Clause 2.23.

2.13.4 The bidders are required to submit soft copies of all the documents
electronically on-line on the CPP Portal, using valid Digital Signature
Certificates.

2.14 Technical Proposal

2.14.1 Applicants shall submit the technical proposal in the formats at Appendix-
I (the “Technical Proposal”).

Note: - The Technical Proposal shall not include any financial

information relating to the Financial Proposal. If applicant disclose
its Financial officer in technical bid, applicant will be disqualified in
technical evaluation & Price bid of such applicant will not be
opened.

2.14.2 While submitting the Technical Proposal, the Applicant shall, in

particular, ensure that:

I.It is supported by Pan card and GST registration certificate.

II.It is supported by proof of payment of tender Fee.
III.It is supported by the Bid Security.
IV. Duly filled Power of Attorney, if applicable, is executed as per
Applicable Laws;
V. It is supported by duly filled Integrity Pact
The integrity pact available in the tender document is an integral
part of this tender document and all bidders have to execute the
same and upload online and submit the original during bid
submission. In case a bidder does not execute the integrity pact,
his bid shall be liable for rejection. The name of the IEM’s
(Independent external Monitor) is given below.

The format for Integrity pact is enclosed as Annex -9.

Sr. IEM of JNPA
no.
1 Ms. Smita Srivastava
Address: Quarter No. 1502, 'Sigaram',
Type-VI unit at No.121, MG Road,
Nungambakkam, Chennai-600 034.
Phone: : +91 9013853676
Email: [email protected]
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2 Shri Asha Ram Sihag

Address: D-396, Second Floor,
Defence Colony,
New Delhi – 110024.
Phone: : +91 9911558502
Email: [email protected]

VI. It is supported by Bid Validity confirming bid is unconditional and

valid for 120 days.
VII. It is supported by declaration that applicant is not involved in any
litigation or based from any Central/ State/ Government /a statutory
authority /Public Sector under taking.
VIII. CVs of all Professional Personnel have been included;
IX. Key Personnel have been proposed only if they meet the Conditions
of Eligibility laid down at Clause 2.2.2 (D) of the RFP;

no alternative proposal for any Key Personnel is being made and only
one CV for each position has been furnished;

the CVs have been recently signed and dated in blue ink by the
respective Personnel and countersigned by the Applicant. Photocopy
or unsigned / countersigned CVs shall be rejected;

the CVs shall contain an undertaking from the respective Key

Personnel about his/her availability for the duration specified in the
RFP;

Professional Personnel proposed have good working knowledge of

English language;

Key Personnel would be available for the period indicated in the TOR;
no Key Personnel should have attained the age of 70 (seventy) years
at the time of submitting the proposal; and the proposal is responsive
in terms of Clause 2.21.3.

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14
shall make the Proposal liable to be rejected.

2.14.4 If an individual Key Personnel makes a false averment regarding his

qualification, experience or other particulars, or his commitment
regarding availability for the Project is not fulfilled at any stage after
signing of the Agreement, he shall be liable to be debarred for any
future assignment of the Authority for a period of 5 (five) years. The
award of this Consultancy to the Applicant may also be liable to
cancellation in such an event.

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2.14.5 The Technical Proposal shall not include any financial information
relating to the Financial Proposal.

2.14.6 The proposed team shall be composed of experts and specialists (the
“Professional Personnel”) in their respective areas of expertise and
managerial/support staff (the “Support Personnel”) such that the
Consultant should be able to complete the Consultancy within the
specified time schedule. The Key Personnel specified in Clause shall
be included in the proposed team of Professional Personnel. Other
competent and experienced Professional Personnel in the relevant
areas of expertise must be added as required for successful
completion of this Consultancy. The CV of each such Professional
Personnel, if any, should also be submitted in the format at Form-12 of
Appendix-I.

2.14.7 An Applicant may, if it considers necessary, propose suitable Sub-

Consultants in specific areas of expertise. Credentials of such firms
should be submitted in Form-15 of Appendix-I. A Sub-Consultant,
however, shall not be a substitute for any Key Personnel.

2.14.8 The Authority reserves the right to verify all statements, information and
documents, submitted by the Applicant in response to the RFP. Any
such verification or the lack of such verification by the Authority to
undertake such verification shall not relieve the Applicant of its
obligations or liabilities hereunder nor will it affect any rights of the
Authority there under.

2.14.9 In case, it is found during the evaluation or at any time before signing
of the Agreement or after its execution and during the period of
subsistence thereof, that one or more of the eligibility conditions have
not been met by the Applicant or the Applicant has made material
misrepresentation or has given any materially incorrect or false
information, the Applicant shall be disqualified forthwith if not yet
appointed as the Consultant either by issue of the LOA or entering into
of the Agreement, and if the Selected Applicant has already been
issued the LOA or has entered into the Agreement, as the case may
be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication
in writing by the Authority without the Authority being liable in any
manner whatsoever to the Applicant or Consultant, as the case may
be. In such an event, the Authority shall forfeit and appropriate the Bid
Security as mutually agreed pre-estimated compensation and
damages payable to the Authority for, inter alia, time, cost and effort of
the Authority, without prejudice to any other right or remedy that may
be available to the Authority. The bidders are required to submit soft

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copies of all the documents electronically on-line on the CPP Portal,

using valid Digital Signature Certificates.

2.15 Financial Proposal

2.15.1 Applicants shall submit the financial proposal in the formats at

Appendix-II (the “Financial Proposal”). Applicants has to work out his
total cost for providing consultancy services including all direct and
indirect costs and profit. Total Cost work out along with profit shall be
filled in BOQ template available on e-procurement portal and duly filled
excel copy of BOQ template shall be uploaded in Financial Proposal.

Copy of BOQ template in Excel format is available on e-procurement

portal along with this RFP document. Applicant has to download it, fill
offer cost in designated field mentioned in BOQ template, save the
document and Upload it on e-procurement portal in financial cover
section. Before uploading BOQ documents applicant has to ensure
cost filled is correctly saved.
Applicant has to quote his offer amount only in uploaded BOQ
template in financial bid section only.

2.15.2 While submitting the Financial Proposal, the Applicant shall ensure
the following:

All the costs associated with the assignment shall be included in the
Financial Proposal. These shall normally cover remuneration for all the
Personnel (Expatriate and Resident, in the field, office etc.),
accommodation, transportation, air fare, equipment, printing of
documents, surveys, geo-technical investigations, Structural design
etc. The total amount indicated in the Financial Proposal shall be
without any condition attached or subject to any assumption, and shall
be final and binding. In case any assumption or condition is indicated
in the Financial Proposal, it shall be considered non-responsive and
liable to be rejected.

The Financial Proposal shall take into account all expenses and tax
liabilities. Further, all payments shall be subject to deduction of taxes
at source as per Applicable Laws.

Costs shall be expressed in INR.

2.16 Submission of Proposal

2.16.1 Applicants are expected to examine all terms and instructions included
in the document. Failure to provide all requested information will be at
consultant's own risk and may result in rejection of proposal.
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The proposal shall contain the following: -

a) All documentary evidences as per clause 2.2 “Conditions of

Eligibility of Applications Criteria / Eligible Bidders”.

b) Bid Security of Rs. 9,63,000/- (Rupees Nine Lakhs Sixty-Three

Thousand Only) (Including GST) in the form of RTGS/ NEFT/ Bank
Guarantee (Proforma enclosed at Annex-11)/ Insurance Surety Bond
(Proforma enclosed at Annex-12). In the event of bidder withdrawing
his proposal before the expiry of 120 days from the due date of
submission of proposal, the bidder shall be cancelled and the amount
payable by the Proposal Security shall become forthwith payable to
Employer and decision of the Employer shall be final in that behalf.
The Proposal Security of unsuccessful bidder will be discharged
/returned as promptly as possible, but not later than 60 days after the
expiration of period of proposal validity prescribed by the employer.
The Proposal Security in respect of successful bidder will be released
after furnishing of the necessary Performance Bank Guarantee. (Bid
security as specified in Clause 2.20.1)
c) Tender fees of Rs. 23,600/- (Inclusive of GST & non-refundable)
in the form of RTGS/ NEFT.

Bank Details for payment through RTGS/ NEFT are as follows-

a Name of the Bank State Bank of India

b Name of the Branch Port Users Building (PUB) Branch,
Nhava
c SB Account No 10072950169
d IFSC Code SBIN0007491
e MICR Code 400 00 2122
f Beneficiary’s Name JAWAHARLAL NEHRU PORT
AUTHORITY

Note:- The Consultancy Firm shall upload the scanned copies of

RTGS/ NEFT/ Bank Guarantee/ Insurance Surety Bond. Thereafter,
consultant shall submit the same original RTGS/ NEFT/ Bank
Guarantee/ Insurance Surety Bond for Tender Fees and Earnest
Money Deposit (In Separate Sealed Envelope) Before The Schedule
Date & Time of Tender Opening. In the office of The “Chief General
Manager (PPD), Jawaharlal Nehru Port Authority, 1st Floor
Administration Building Sheva, Navi Mumbai”. Failing to submit the
same, the bid will not be opened and rejected out rightly. There
should not be difference in uploaded scanned RTGS/ NEFT/ Bank
Guarantee/ Insurance Surety Bond and original transaction receipt of
RTGS/ NEFT.
e) Bidder has to submit Integrity pact & Power of Attorney, if applicable
Mandatorily before due date of opening of bid.
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2.16.3 Submission of bids (Technical and Financial) shall be done online

only through CPP portal Only. No hard copies are accepted.

Documents to be submitted in “Technical Proposal” shall contain:

(i) Application in the prescribed format (Form-1 of Appendix-I) along

with Forms 2 to 15 of Appendix-I and supporting documents; and

(ii) Proof of Bid security payment as specified in Clause 2.20.1

(iii) Proof of Tender fee payment as specified in Clause 2.16.1

(iv) Integrity pact as specified in Clause 2.14.2

(v) Undertaking on applicant’s letter head that Bid is unconditional and

valid for 120 days from PDD
(vi) Undertaking on applicant’s letter head that bidder not involved
under any litigation.

"Financial Proposal"

Documents to be submitted in “Financial Proposal” shall contain the Financial

Proposal in the prescribed format (Forms 1 & 2 of Appendix-II).

a) Goods & Services Tax (IGST/SGST), Income Tax, Professional Tax, and
any other tax as per Statutory Provisions of Govt. of India and Maharashtra
State shall be deducted by the Employer from each invoice. A certificate in
this regard shall be furnished by the Employer. The prevailing GST
(IGST/SGST) shall be paid extra over the Consultancy Charges on
producing of payment of GST Challans to JNPA.

2.16.4 The Technical Proposal and Financial Proposal shall be typed or written
in indelible ink and signed by the Authorised Representative of the
Applicant. All pages of the original Technical Proposal and Financial
Proposal must be numbered and initialled by the person or persons
signing the Proposal.

2.16.5 The completed Proposal must be uploaded to CPP portal on or before

the specified time on Proposal Due Date. Proposals submitted by
physical mode, fax, telex, telegram or e-mail shall not be
entertained.

2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any
attachment to such Forms must be provided on separate sheets of paper
and only information that is directly relevant should be provided. This
may include photocopies of the relevant pages of printed documents. No
separate documents like printed annual statements, company
brochures, copy of contracts etc. will be entertained.

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2.16.7 The rates quoted shall be firm throughout the period of performance of
the assignment up to and including acceptance of the Feasibility Report
by the Authority and discharge of all obligations of the Consultant under
the Agreement.

NO COUNTER CONDITIONS SHOULD BE INCLUDED ANYWHERE IN THE

PROPOSAL CONDITIONAL PROPOSAL SHALL BE SUMMARILY
REJECTED.

Process of e-tendering for Tenderers:

Tenderers are requested to follow the online e-tendering procedure as follows: -

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of all the documents
electronically on the CPP Portal, using valid Digital Signature Certificates. The
instructions given below are meant to assist the bidders in registering on the
CPP Portal, prepare their bids in accordance with the requirements and
submitting their bids online on the CPP Portal. More information useful for
submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in/eprocure/app.

REGISTRATION
(i). Bidders are required to enrol on the e-Procurement module of the Central
Public Procurement Portal (URL:https://eprocure.gov.in/eprocure/app)
by clicking on the link “Online bidder Enrolment” on the CPP Portal which
is free of charge.

(ii). As part of the enrolment process, the bidders will be required to choose
a unique username and assign a password for their accounts.

(iii). Bidders are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used for
any communication from the CPP Portal.

(iv). Upon enrolment, the bidders will be required to register their valid Digital
Signature Certificate (Class II or Class III Certificates with signing key
usage) issued by any Certifying Authority recognized by CCA India
(e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.

(v). Only one valid DSC should be registered by a bidder. Please note that
the bidders are responsible to ensure that they do not lend their DSC’s
to others which may lead to misuse.

(vi). Bidder then logs in to the site through the secured log-in by entering
their user ID/password and the password of the DSC / e-Token.

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SEARCHING FOR TENDER DOCUMENTS

(i). There are various search options built in the CPP Portal, to facilitate bidders to
search active tenders by several parameters. These parameters could include
Tender ID, Organization Name, Location, Date, Value, etc. There is also an
option of advanced search for tenders, wherein the bidders may combine a
number of search parameters such as Organization Name, Form of Contract,
Location, Date, Other keywords etc. to search for a tender published on the
CPP Portal.

(ii). Once the bidders have selected the tenders they are interested in, they may
download the required documents / tender schedules. These tenders can be
moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal
to intimate the bidders through SMS / e-mail in case there is any corrigendum
issued to the tender document.

(iii). The bidder should make a note of the unique Tender ID assigned to
each tender, in case they want to obtain any clarification / help from the
Helpdesk.

PREPARATION OF BIDS

(i). Bidder should take into account any corrigendum published on the tender
document before submitting their bids.

(ii). Please go through the tender advertisement and the tender document
carefully to understand the documents required to be submitted as part
of the bid. Please note the number of covers in which the bid documents
have to be submitted, the number of documents - including the names
and content of each of the document that need to be submitted. Any
deviations from these may lead to rejection of the bid.

(iii). Bidder, in advance, should get ready the bid documents to be submitted
as indicated in the tender document / schedule and generally, they can
be in PDF /XLS / RAR / DWF/JPG formats. Bid documents may be
scanned with 100 dpi with black and white option which helps in
reducing size of the scanned document.

(iv). To avoid the time and effort required in uploading the same set of
standard documents which are required to be submitted as a part of
every bid, a provision of uploading such standard documents (e.g. PAN
card copy, annual reports, auditor certificates etc.) has been provided
to the bidders. Bidders can use “My Document” or ‘’Other Important
Documents’’ area available to them to upload such documents. These
documents may be directly submitted from the “My Document” area
while submitting a bid, and need not be uploaded again and again. This
will lead to a reduction in the time required for bid submission process.
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SUBMISSION OF BIDS

(i). Bidder should log into the site well in advance for bid submission so
that they can upload the bid in time i.e. on or before the bid submission
time. Bidder will be responsible for any delay due to other issues.

(ii). The bidder has to digitally sign and upload the required bid documents
one by one as indicated in the tender document.

(iii). Bidder has to select the payment option as “offline” to pay the tender
fee / EMD as applicable and enter details of the instrument.

(iv). Bidder should prepare the Demand Draft for Tender Fee and EMD
respectively as per the instructions specified in the tender document.
Scanned of the Demand Draft / Bank Guarantee (BG) should be
submitted online along with Technical Bid. The original Demand Draft /
Bank Guarantee (BG) should be submitted in person to the concerned
official, so as to reach before the last and time of technical bid opening
or as specified in the tender document. The details of the Demand Draft
/ Bank Guarantee (BG), any other accepted instrument, physically sent,
should tally with the details available in the scanned copy and the data
entered during bid submission time. Otherwise the uploaded bid will be
rejected.

(v). Bidders are requested to note that they should necessarily submit
their financial bids in the format provided and no other format is
acceptable. If the price bid has been given as a standard BOQ format
with the tender document, then the same is to be downloaded and to
be filled by all the bidders. Bidders are required to download the BOQ
file, open it and complete the white coloured (unprotected) cells with
their respective financial quotes and other details (such as name of the
bidder). No other cells should be changed. Once the details have been
completed, the bidder should save it and submit it online, without
changing the filename. If the BOQ file is found to be modified by the
bidder, the bid will be rejected.

(vi). the server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for
submission of the bids by the bidders, opening of bids etc. The bidders
should follow this time during bid submission.

(vii). All the documents being submitted by the bidders would be encrypted
using PKI encryption techniques to ensure the secrecy of the data. The
data entered cannot be viewed by unauthorized persons until the time
of bid opening. The confidentiality of the bids is maintained using the
secured Socket Layer 128-bit encryption technology. Data storage
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encryption of sensitive fields is done. Any bid document that is

uploaded to the server is subjected to symmetric encryption using a
system generated symmetric key. Further this key is subjected to
asymmetric encryption using buyers/bid openers public keys. Overall,
the uploaded tender documents become readable only after the tender
opening by the authorized bid openers.

(viii). The uploaded tender documents become readable only after the tender
opening by the authorized bid openers.

(ix). Upon the successful and timely submission of bids (i.e. after Clicking
“Freeze Bid Submission” in the portal), the portal will give a successful
bid submission message & a bid summary will be displayed with the bid
no. and the date & time of submission of the bid with all other relevant
details.

(x). The bid summary has to be printed and kept as an acknowledgement

of the submission of the bid. This acknowledgement may be used as
an entry pass for any bid opening meetings.

ASSISTANCE TO BIDDERS

(i). Any queries relating to the tender document and the terms and
conditions contained therein should be addressed to the Tender Inviting
Authority for a tender or the relevant contact person indicated in the
tender.

(ii). Any queries relating to the process of online bid submission or queries
relating to CPP Portal in general may be directed to the 24x7 Toll Free
CPP Portal Helpdesk No.: 1800-3070-2232 Email: cppp-
[email protected].

Contact Person JNPA:-

1. Dy. General Manager (PPD),
mail id:[email protected]
Cell No.- 022 27244162
2. Manager (PPD),
mail id: [email protected]
Cell No.- 022 27244112

NOTE: -

JNPA AND CPP will not entertain any reasons/ claims of Tenderer on account
of Net Connection Failure/ Current Connection Failure and any issues during
the submission of tender online. Tenderer shall be solely responsible for all
those facts and failure of Net Connectivity, Electricity Current Connectivity etc.

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2.16.4 The Technical Proposal and Financial Proposal shall be typed or

written in indelible ink and signed by the Authorised Representative of
the Applicant. All pages of the original Technical Proposal and
Financial Proposal must be numbered and initiated by the person or
persons signing the Proposal.

2.16.5 The completed Proposal must be submitted on line on or before the

specified time on Proposal Due Date. Proposals submitted by fax,
telex, telegram or e-mail shall not be entertained.

2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any
attachment to such Forms must be provided on separate sheets of
paper and only information that is directly relevant should be provided.
This may include photocopies of the relevant pages of printed
documents.

2.16.7 The rates quoted shall be firm throughout the period of performance of
the assignment upto and discharge of all obligations of the Consultant
under the Agreement.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted on-line before 1500 hrs on the Proposal
Due Date specified at Clause 1.8 at the address provided in Clause
1.11 in the manner and form as detailed in this RFP. A receipt thereof
should be obtained from the person specified therein.

2.17.2 The Authority may, in its sole discretion, extend the Proposal Due Date
by issuing an Addendum in accordance with Clause 2.11 uniformly for
all Applicants.

2.18 Late Proposals

Proposals received by the Authority after the specified time on

Proposal Due Date shall not be eligible for consideration and shall be
summarily rejected.
2.19 Modification/ substitution/ withdrawal of Proposals

2.19.1 The Applicant may modify, substitute, or withdraw its Proposal after
submission, provided that written notice of the modification,
substitution, or withdrawal is received by the Authority prior to Proposal
Due Date. No Proposal shall be modified, substituted, or withdrawn by
the Applicant on or after the Proposal Due Date.

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2.19.2 The modification, substitution, or withdrawal notice shall be prepared,

sealed, marked, and delivered in accordance with Clause 2.16, with
the envelopes being additionally marked “MODIFICATION”,
“SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

2.19.3 Any alteration / modification in the Proposal or additional information or

material supplied subsequent to the Proposal Due Date, unless the
same has been expressly sought for by the Authority, shall be
disregarded.

2.20 Bid Security

2.20.1 The Applicant shall furnish as part of its Proposal, a Bid Security of
Rs. 9,63,000/- (Rupees Nine Lakhs Sixty Three Thousand Only) in
the form of a RTGS/ NEFT/ Bank Guarantee/ Insurance Security Bond
(the “Bid Security”), returnable not later than 30 (thirty) days from PDD
except in case of the two Applicants submitting lowest and second
lowest Financial Proposals, respectively, as required in Clause 2.24.1.
In the event that the Selected Applicant commences the assignment as
required in Clause 2.29. The Selected Applicant’s Bid Security shall be
returned, upon the Selected Applicant signing the Agreement and after
furnishing the requisite Performance Security.

2.20.2 Any Bid not accompanied by the Bid Security shall be rejected by the
Authority as non-responsive.

2.20.3 The Authority shall not be liable to pay any interest on the Bid Security
and the same shall be interest free.

2.20.4 The Applicant, by submitting its Application pursuant to this RFP, shall
be deemed to have acknowledged that without prejudice to the
Authority’s any other right or remedy hereunder or in law or otherwise,
the Bid Security shall be forfeited and appropriated by the Authority as
the mutually agreed pre-estimated compensation and damage payable
to the Authority for, inter alia, the time, cost and effort of the Authority in
regard to the RFP including the consideration and evaluation of the
Proposal under the following conditions:

If an Applicant submits a non-responsive Proposal;

If an Applicant engages in any of the Prohibited Practices specified in

Section 4 of this RFP;

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;

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In the case of the Selected Applicant, if the Applicant fails to reconfirm

its commitments during negotiations as required vide Clause 2.24.1;

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

Agreement or commence the assignment as specified in Clauses 2.28
and 2.29 respectively; or

If the Applicant is found to have a Conflict of Interest as specified in

Clause.2.3.
2.21 Performance Security

2.21.1 The applicant, by submitting its Applicant pursuant to this RFP, shall
be deemed to have acknowledge that without prejudice to the
Authority’s any other right or remedy hereunder or in law or otherwise,
its Performance Security shall be forfeited and appropriated by the
Authority as the mutually agreed pre-estimated compensation and
damaged payable to the Authority for ,inter alia ,the time ,cost and
effort of the Authority in regard to the RFP ,including the consideration
and evaluation of the Proposal ,under the following condition :

a) If an Applicant engage in any of the Prohibited Practices

specified in Clause 4.1

b) If the Application is found to have a Conflict of Interest as

specified in clause2.3

c) if the Selected Applicant commits a breach of the

Agreement.

2.21.2 An amount equal to 5% (Five Percent) plus GST of the Agreement

Value shall be deemed to be the Performance Security for the
purpose of this Clause 2.21 ,Which may be forfeited and appropriated
in accordance with the provision hereof.

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EVALUATION PROCESS

2.22 Evaluation of Proposals

2.22.1 The Authority shall open the Proposals on line at 1530 hours on the
Proposal Due Date, at the place specified in Clause 1.11.1 and in the
presence of the Applicants who choose to attend. The “Technical
Proposal” shall be opened first. The “Financial Proposal” shall be
opened at a later date which will be communicated to all qualified
bidders.
The document submitted online shall be downloaded and the
evaluation shall be strictly carried out accordance with the submitted
document.

2.22.2 Proposals for which a notice of withdrawal has been submitted in

accordance with Clause 2.19 shall not be opened.

2.22.3 Prior to evaluation of Proposals, the Authority will determine whether

each Proposal is responsive to the requirements of the RFP. The
Authority may, in its sole discretion, reject any Proposal that is not
responsive hereunder. A Proposal shall be considered responsive
only if the Technical Proposal is received on line in the form specified
at Appendix-I; it is received by the Proposal Due Date including any
extension thereof pursuant to Clause 2.17;
it is accompanied by the Bid Security as specified in Clause 2.20.1;
it is signed, sealed of uploaded and marked as stipulated in Clauses
2.13 and 2.16;
it is accompanied by the Power of Attorney as specified in Clause
2.2.4; it contains all the information (complete in all respects) as
requested in the RFP; it does not contain any condition or
qualification; and it is not non-responsive in terms hereof.

2.22.4 The Authority reserves the right to reject any Proposal which is
nonresponsive and no request for alteration, modification, substitution
or withdrawal shall be entertained by the Authority in respect of such
Proposals.

2.22.5 The Authority shall subsequently examine and evaluate Proposals in

accordance with the Selection Process specified at Clause 1.6 and
the criteria set out in Section 3 of this RFP.

2.22.6 After the technical evaluation, the Authority shall prepare a list of pre-
qualified and shortlisted Applicants in terms of Clause 3.2 for opening
of their Financial Proposals. A date, time and venue will be notified to
all Applicants for announcing the result of evaluation and opening of

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Karal village at jn port

Financial Proposals. Before opening of the Financial Proposals, the

list of pre-qualified and shortlisted Applicants along with their
Technical Score will be read out. The opening of Financial Proposals
shall be done in presence of respective representatives of Applicants
who choose to be present. The Authority will not entertain any query
or clarification from Applicants who fail to qualify at any stage of the
Selection Process. The financial evaluation and final ranking of the
Proposals shall be carried out in terms of Clauses 3.3.

2.22.7 Applicants are advised that Selection will be entirely at the discretion
of the Authority. Applicants will be deemed to have understood and
agreed that no explanation or justification on any aspect of the
Selection Process or Selection will be given.
2.22.8 Any information contained in the Proposal shall not in any way be
construed as binding on the Authority, its agents, successors or
assigns, but shall be binding against the Applicant if the Consultancy
is subsequently awarded to it.
2.23 Confidentiality
Information relating to the examination, clarification, evaluation, and
recommendation for the selection of Applicants shall not be disclosed
to any person who is not officially concerned with the process or is not
a retained professional adviser advising the Authority in relation to
matters arising out of, or concerning the Selection Process. The
Authority will treat all information, submitted as part of the Proposal,
in confidence and will require all those who have access to such
material to treat the same in confidence. The Authority may not divulge
any such information unless it is directed to do so by any statutory
entity that has the power under law to require its disclosure or is to
enforce or assert any right or privilege of the statutory entity and/or the
Authority.
2.23 Clarifications
2.23.1 To facilitate evaluation of Proposals, the Authority may, at its sole
discretion, seek clarifications from any Applicant regarding its
Proposal. Such clarification(s) shall be provided within the time
specified by the Authority for this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in
writing.
2.23.2 If an Applicant does not provide clarifications sought under Clause
2.23.1 above within the specified time, its Proposal shall be liable to
be rejected. In case the Proposal is not rejected, the Authority may
proceed to evaluate the Proposal by construing the particulars
requiring clarification to the best of its understanding, and the
Applicant shall be barred from subsequently questioning such
interpretation of the Authority.
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Karal village at jn port

APPOINTMENT OF CONSULTANT

2.24 Negotiations

2.24.1 The Selected Applicant may, if necessary, be invited for negotiations.

The negotiations shall generally not be for reducing the price of the
Proposal, but will be for re-confirming the obligations of the Consultant
under this RFP. Issues such as deployment of Key Personnel,
understanding of the RFP, methodology and quality of the work plan
shall be discussed during negotiations. A Key Personnel who did not
score 70% (seventy per cent) marks as required under Clause 3.1.2
shall be replaced by the Applicant with a better candidate to the
satisfaction of the Authority. In case the Selected Applicant fails to
reconfirm its commitment, the Authority reserves the right to designate
the Applicant scoring second highest combined score as per Cl- 3.3.2
as the Selected Applicant and invite it for negotiations.

2.24.2 The Authority will examine the CVs of all other Professional Personnel
and those not found suitable shall be replaced by the Applicant to the
satisfaction of the Authority.

2.24.3 The Authority will examine the credentials of all Sub-Consultants

proposed for this Consultancy and those not found suitable shall be
replaced by the Applicant to the satisfaction of the Authority.

2.25 Substitution of Key Personnel

2.25.1 The Authority will not normally consider any request of the Selected
Applicant for substitution of Key Personnel as the ranking of the
Applicant is based on the evaluation of Key Personnel and any change
therein may upset the ranking. Substitution will, however, be permitted
if the Key Personnel is not available for reasons of any incapacity or
due to health, subject to equally or better qualified and experienced
personnel being provided to the satisfaction of the Authority.

2.25.2 The Authority expects all the Key Personnel to be available during
implementation of the Agreement. The Authority will not consider
substitution of Key Personnel except for reasons of any incapacity or
due to health. Such substitution shall ordinarily be limited to one Key
Personnel subject to equally or better qualified and experienced
personnel being provided to the satisfaction of the Authority. As a
condition to such substitution, a sum equal to 2% (two per cent) of the
remuneration specified for the original Key Personnel shall be
deducted from the payments due to the Consultant. In the case of a
second substitution hereunder, such deduction shall be 5% (five per
cent) of the remuneration specified for the original Key Personnel. Any

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Karal village at jn port

further substitution may lead to disqualification of the Applicant or

termination of the Agreement.

2.25.3 Substitution of the Team Leader will not normally be considered and
may lead to disqualification of the Applicant or termination of the
Agreement.

2.26 Indemnity

The Consultant shall, subject to the provisions of the Agreement,

indemnify the Authority for an amount not exceeding 3 (three) times the
value of the Agreement for any direct loss or damage that is caused
due to any deficiency in services.

2.27 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in

duplicate, by the Authority to the Selected Applicant and the Selected
Applicant shall, within 7 (seven) days of the receipt of the LOA, sign
and return the duplicate copy of the LOA in acknowledgement thereof.
In the event the duplicate copy of the LOA duly signed by the Selected
Applicant is not received by the stipulated date, the Authority may,
unless it consents to extension of time for submission thereof,
appropriate the Bid Security of such Applicant as mutually agreed
genuine pre-estimated loss and damage suffered by the Authority on
account of failure of the Selected Applicant to acknowledge the LOA,
and the next highest ranking Applicant may be considered.

2.28 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected

Applicant, it shall execute the Agreement within Twenty-One days. The
Selected Applicant shall not be entitled to seek any deviation in the
Agreement.

2.29 Commencement of assignment

The Consultant shall commence the Services at the Project site within
15 (fifteen) days of the date of issue of work order, or such other date
as may be mutually agreed. If the Consultant fails to either sign the
Agreement as specified in Clause 2.28 or commence the assignment
as specified herein, the Authority may invite the Applicant submitting
second lowest Financial Proposal for negotiations. In such an event,
the Bid Security of the Selected Applicant shall be forfeited and
appropriated in accordance with the provisions of Clause 2.20.4.

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2.30 Proprietary data

Subject to the provisions of Clause 2.22, all documents and other

information provided by the Authority or submitted by an Applicant to
the Authority shall remain or become the property of the Authority.
Applicants and the Consultant, as the case may be, are to treat all
information as strictly confidential. The Authority will not return any
Proposal or any information related thereto. All information collected,
analysed, processed or in whatever manner provided by the
Consultant to the Authority in relation to the Consultancy shall be the
property of the Authority.

2.31 Time for completion

The assignment period shall be below-

Sr. Assignment Name Period

No.
1 Construction of Second Link 8 Months form issue of
Road to JN Port LOA (Excluding 15 days
of mobilization period
including monsoon)

2 Construction of ROB 4 Months form issue of

connecting Jaskar and Karal LOA (Excluding 15 days
Village at JN Port of mobilization period
including monsoon)

In case of delay of assignment, the contract of consultancy may be

extended suitably. In case of extension and foreclosure, pro-rata
addition or deduction shall be entertained based on percentage
indicated for the assignment. In case assignment foreclose in the
middle of any indicated stage in financial proposal, pro-rata payment
shall be made for the completed services as agreed mutually. The
period indicates above excludes the period taken by the employer and
the concerned Govt Authorities.

At the discretion of Employer without assigning any reasons

whatsoever, the assignment may foreclose at any stage. Consultant
does not reserve any right to claim compensation whatsoever for
foreclosure of consultancy contract by Employer.

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CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis
of Applicant’s experience, financial capabilities and the experience of
Key Personnel. Only those Applicants whose Technical Proposals
score 70 (Seventy) marks or more out of 100 (one hundred) shall qualify
for further consideration, and shall be ranked from highest to the lowest
on the basis of their technical score (TS).

3.1.2 Each Key Personnel must score a minimum of 70% (Seventy percent)
marks except as provided herein. A Proposal shall be rejected if the
Team Leader scores less than 70% marks or any two of the remaining
Key Personnel score less than 70% marks. In case the Selected
Applicant has one Key Personnel, other than the Team Leader, who
scores less than 70% marks, he would have to be replaced during
negotiations, with a better candidate who, in the opinion of the
Authority, would score 70% or above.

3.1.3 The scoring criteria to be used for evaluation shall be as follows.

Item Maximum
Parameter Criteria
Code marks
1 Relevant experience of applicant 40 80 % of the marks shall
be awarded for two
Eligible Assignments
undertaken by the
Applicant firm and 100%
more than 2 eligible
assignments.
2 Professional Turnover 5 i. 80 % marks shall be
awarded for per annum
from professional fee
received a minimum
income of Rs. 1.2 Crs.
(Excluding GST) per
annum from
professional fees during
last 3 (three) financial
years ending
31/03/2024.
ii. 90 %, if professional
fee received is above
1.2 Crs. to 1.5 Crs.

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iii. 100 %, if professional

fee received is above
1.5 Crs.
3 Relevant experience of the Key 55 The marks for each
personnel Key Personnel shall be
awarded for the number
i. Team Leader (The Team 15 of Eligible Assignments
Leader) the respective Key
i) For more than 3 eligible Personnel has worked
assignments 100% marks on.
ii) for 3 eligible
assignments 80% marks

ii Highway Engineer 15
/Pavement Engineer
i) For more than 2
eligible assignments
100% marks
ii) for 2 eligible
assignments 80% marks

iii Geo Technical Expert 5

For more than 2 eligible
assignments 100% marks
ii) for 2 eligible
assignment 80% marks
iv Bridge Design Engineer 5
i) For more than 2
eligible assignments
100% marks ii) for 2
eligible assignments 80%
marks
v Financial Expert 5
i) For more than 2
eligible assignments
100% marks
ii) for 2 eligible
assignments 80% marks
vi. Environmental Expert 10
i) For more than 2
eligible assignments
100% marks
ii) for 2 eligible
assignments 80% marks

Total 100

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Note: - If any key personnel are not having requisite qualification, experience
of key personnel will not have considered for evaluation.

3.1.4 Eligible Assignments

For the purposes of determining conditions of Eligibility and for

evaluating the proposals under this RFP, Consultancy assignments in
respect of following projects shall be deemed as eligible assignments
(the “Eligible Assignments”):

DPR preparation consultancy service for the project having an estimated

capital cost (excluding land) of project of at least Rs. 530 Crores.

Provided that the Applicant firm claiming credit for an Eligible

Assignment shall have, prior to PDD, received professional fees of at
least Rs. 2 crores for such assignment.
3.2 Short-listing of Applicants

Of the Applicant(s) whose technical score is equal to or more than 70

points shall be pre-qualified and short- listed for financial evaluation in
the second stage.

All the applicants shall be informed of the Technical Score and shall be
uploaded on e-procurement portal. The date and time for opening of
financial bids shall also be intimated to by being uploaded on the official
website of the Authority and shall be opened publicly in the presence of
the Applicant ‘s representatives who choose to attend. The name of the
Consultant, the quality scores, and the proposed prices shall be read
aloud and recorded when the Financial Proposals are opened.

3.3 Evaluation of Financial Proposal

3.3.1 In the second stage, the financial evaluation will be carried out as per
this Clause 3.3.

3.3.2 After opening of financial proposals, the lowest evaluated financial

proposal will be considered for award of the assignment.

3.3.3 The Authority will determine whether the Financial Proposals are
complete, and unconditional. The cost indicated in the Financial
Proposal shall be deemed as final and reflecting the total cost of
services, including cost of key personnel, all necessary supporting staff,
office establishment charges, IT support, stationary, Transport,
communication support, etc. Omissions, if any, in costing any item shall
not entitle the firm to be compensated and the liability to fulfil its
obligations as per the TOR within the total quoted price shall be that of
the Consultant.

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Karal village at jn port

FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and
advisers shall observe the highest standard of ethics during the
Selection Process. Notwithstanding anything to the contrary contained
in this RFP, the Authority shall reject a Proposal without being liable in
any manner whatsoever to the Applicant, if it determines that the
Applicant has, directly or indirectly or through an agent, engaged in
corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice (collectively the “Prohibited Practices”) in
the Selection Process. In such an event, the Authority shall, without
prejudice to its any other rights or remedies, forfeit and appropriate the
Bid Security or Performance Security, as the case may be, as mutually
agreed genuine pre-estimated compensation and damages payable to
the Authority for, inter alia, time, cost and effort of the Authority, in
regard to the RFP, including consideration and evaluation of such
Applicant’s Proposal.

4.2 Without prejudice to the rights of the Authority under Clause 4.1
hereinabove and the rights and remedies which the Authority may have
under the LOA or the Agreement, if an Applicant or Consultant, as the
case may be, is found by the Authority to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the Selection Process, or after the issue of the LOA or
the execution of the Agreement, such Applicant or Consultant shall not
be eligible to participate in any tender or RFP issued by the Authority
during a period of 2 (two) years from the date such Applicant or
Consultant, as the case may be, is found by the Authority to have
directly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as the case may be.

4.3 For the purposes of this Section, the following terms shall have the
meaning hereinafter respectively assigned to them:

“corrupt practice” means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the action of any
person connected with the Selection Process (for avoidance of doubt,
offering of employment to or employing or engaging in any manner
whatsoever, directly or indirectly, any official of the Authority who is or
has been associated in any manner, directly or indirectly with the
Selection Process or the LOA or has dealt with matters concerning the
Agreement or arising therefrom, before or after the execution thereof,
at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the
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Karal village at jn port

Authority, shall be deemed to constitute influencing the actions of a

person connected with the Selection Process); or (ii) save as provided
herein, engaging in any manner whatsoever, whether during the
Selection Process or after the issue of the LOA or after the execution
of the Agreement, as the case may be,

any person in respect of any matter relating to the Project or the LOA
or the Agreement, who at any time has been or is a legal, financial or
technical consultant/ adviser of the Authority in relation to any matter
concerning the Project;

“fraudulent practice” means a misrepresentation or omission of facts or

disclosure of incomplete facts, in order to influence the Selection
Process;

“coercive practice” means impairing or harming or threatening to impair

or harm, directly or indirectly, any persons or property to influence any
person’s participation or action in the Selection Process;

“undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Authority with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Selection Process; or (ii) having a Conflict
of Interest; and

“Restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Selection
Process.

***********

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PRE-PROPOSAL CONFERENCE

5.1 Pre-Proposal Conference of the Applicants shall be convened at the

designated date, time and place. Only those Applicants, who have
downloaded the document from the Official Website of the Authority
shall be allowed to participate in the Preproposal Conference. A
maximum of two representatives of each Applicant shall be allowed to
participate on production of an authority letter from the Applicant.

5.2 During the course of Pre-Proposal Conference, the Applicants will be

free to seek clarifications and make suggestions for consideration of
the Authority. The Authority shall endeavour to provide clarifications
and such further information as it may, in its sole discretion, consider
appropriate for facilitating a fair, transparent and competitive Selection
Process.

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Karal village at jn port

MISCELLANEOUS

6.1 The Selection Process shall be governed by, and construed in

accordance with, the laws of India and the Courts at Mumbai shall have
exclusive jurisdiction over all disputes arising under, pursuant to and/or
in connection with the Selection Process.

6.2 The Authority, in its sole discretion and without incurring any obligation
or liability, reserves the right, at any time, to:

suspend and/or cancel the Selection Process and/or amend and/or

supplement the Selection Process or modify the dates or other terms
and conditions relating thereto;

consult with any Applicant in order to receive clarification or further

information;

retain any information and/or evidence submitted to the Authority by,

on behalf of and/or in relation to any Applicant; and/or

independently verify, disqualify, reject and/or accept any and all

submissions or other information and/or evidence submitted by or on
behalf of any Applicant.

6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees
and releases the Authority, its employees, agents and advisers,
irrevocably, unconditionally, fully and finally from any and all liability for
claims, losses, damages, costs, expenses or liabilities in any way
related to or arising from the exercise of any rights and/or performance
of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/or claims it may have in this
respect, whether actual or contingent, whether present or future.
6.4 All documents and other information supplied by the Authority or
submitted by an Applicant shall remain or become, as the case may be,
the property of the Authority. The Authority will not return any
submissions made hereunder. Applicants are required to treat all such
documents and information as strictly confidential.

6.5 The Authority reserves the right to make inquiries with any of the clients
listed by the Applicants in their previous experience record.

*******************

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SCHEDULES

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Karal village at jn port

SCHEDULE-1

(See Clause 1.1.3)

Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port
and Construction of ROB connecting Jaskar and Karal Village at JN Port

ANNEXURE-I TERMS OF REFERENCE (TOR)

1. JNPA will be the employer and executing agency for the technical
consultancy services and the standards of output required from the
appointed consultants are of competent both in terms of quality and
adherence to the agreed time schedule.
2. Objective
2.1 The objective of this assignment is to establish the technical,
economic, environmental and financial viability of the Green field
project identified under JNPA’s Master Planning I.e. Construction
of Second Link Road to JNPA and Construction of ROB
connecting Jaskar and Karal Village at JN Port. Road will be
elevated with minimum 6 lanes through experienced and expert
consultant in the field of Surveying, planning, design, traffic studies,
DPR preparation and EIA, EMP & Environmental studies.
Assignment is for the preparation of Detailed Project Report (DPR)
including detailed engineering up to work allotment stage and for
carrying out EIA, EMP & all required studies for obtaining CRZ, EC
clearance and permission from Hon’ble Bombay High Court.
2.2 The Detailed Project Report (DPR) would inter-alia include fixing
best suitable alignment, detailed highway design, design of
pavement and overlay with options for flexible or rigid pavements,
design of bridges and cross drainage structures and grade
separated structures, design of service roads, detailed working
drawings, detailed cost estimates, economic and financial viability
analysis, environmental and social feasibility, social and
environmental action plans as appropriate and documents required
for tendering the project on commercial basis for international
/ local Competitive bidding.
2.3 The DPR consultant should ensure detailed project preparation
incorporating aspects of value engineering, quality audit and safety
audit requirements in design and implementation.
2.4 The consultant should, along with Feasibility Report, clearly bring
out through financial analysis the preferred mode of implementation.
The consultant should also give cost estimates and tender document
in conformity to model tender document of JNPA along with feasibility
report and Detailed Project Report. If any deviation from model

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tender document of JNPA will be required, it should be brought to

notice of JNPA & with approval of JNPA it shall be incorporated.

2.5 If at inception stage or feasibility stage, employer desires to

terminate the contract, the contract will be terminated after payment
up to that stage.

3. Scope of Services

3.1 General Scope of Services shall cover but be not limited to the
following major tasks for preparation of DPR including detailed
engineering and carrying out EIA, EMP and all other required studies
for obtaining CRZ, EC clearance and assisting JNPA in obtaining
CRZ, EC clearance and permission from Hon’ble Bombay High Court
-

i. Examine, study & review of all available data, information reports

and published information related to project and the project
influence area;
ii. Environmental and social impact assessment, including such as
related to cultural properties, natural habitats, involuntary
resettlement etc.
iii. Public consultation, including consultation with Communities
located along the road, NGO’s working in the area, other stake-
holders and relevant Government departments at all the
different stages of assignment (such as inception stage,
feasibility stage, preliminary design stage and once final designs
are concretized).
iv. Detailed Reconnaissance;
v. Detailed topographic surveys using LiDAR equipped with
minimum engineering grade system or any other better
technology having output accuracy not less than (a) specified in
IRC SP 19 (b) Total Station (c) GPS/ DGPS. The use of
conventional high precision instruments i.e. Total Station or
equivalent can be used at locations such as major bypasses,
water bodies etc. where it may not be possible to survey using
LiDAR. Use of mobile / Aerial LiDAR survey is preferable.
vi. All required Geotechnical investigation and studies of proposed
road site required for fixing best suitable alignment and required
for fixing foundation type and necessary for structural design of
Various structures to be design for successful completion of
project.
Minimum Nos. of boreholes minimum depth of 40 meter from
MSL shall be taken to access strata type will be as under-

Sr. Assignment Name No. of Borehole

No.
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1 Construction of Second 40
Link Road to JN Port
2 Construction of ROB 8
connecting Jaskar and
Karal Village at JN Port
Total 48

vii. The scheme for the borings locations and the depth of boring shall
be prepared by the Consultants and submitted to JNPA for
approval. These may be finalized in consultation with JNPA.
viii. The sub-soil exploration and testing should be carried out
through the Geotechnical Consultants empanelled by MORT&H.
The soil testing reports shall be in the format prescribed in
relevant IRC Codes.7. For the approach road pavement, bore
holes at each major change in pavement condition or in
deflection readings or at 2 km intervals whichever is less shall
be carried out to a depth of at least 2 m below embankment
base or to rock level and are to be fully logged. Appropriate tests
to be carried out on samples collected from these bore holes to
determine the suitability of various materials for use in widening
of embankments or in parts of new pavement structure.
ix. Identification of sources of construction materials;
x. Detailed design of road, its cross-sections, horizontal and vertical
alignment and design of embankment of height more than 6m
and also in poor soil conditions and where density consideration
require, even lesser height embankment. Detailed design of
structures preparation of GAD and construction drawings and
cross-drainage structures and underpasses etc.
xi. Wherever required, consultant will liaise with concerned
authorities and arrange all clarifications. Approval of all drawings
including GAD and detailed engineering drawings and its proof
checking from IIT, Bombay. Consultant will also obtain approval
for estimates for shifting of utilities of all types from the
concerned authorities and JNPA.
xii. Consultant shall carry out EIA, EMP and all required studies for
obtaining CRZ & EC clearance and assist JNPA in obtaining CRZ,
EC clearance and permission from Hon’ble Bombay High Court.
xiii. Identification of the type and the design of intersections;
xiv. Design of complete drainage system and disposal point for storm
water.
xv. Value analysis / value engineering and project costing;
xvi. Economic and financial analyses;
xvii.Implementation schedule.
xviii. Location of all existing utility services (both over- and
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underground) and the scheme for their relocation, trees to be

felled, transplanted and planted. Reports documents and
drawings arrangement of estimates for cutting/ transplanting
of trees and shifting of utilities from the concerned department;
xix. Develop 3D engineered models of terrain and elevation, as-is
project highway, proposed and project highway along with all
features, current and proposed structures, current and proposed
utilities.
xx. To find out financial viability of project for implementation and
suggest the preferred mode on which the project is to be taken
up.
xxi. Preparation of detailed project report, cost estimate, approved
for construction Drawings, rate analysis, detailed bill of
quantities, bid documents for execution of works.

Consultant shall obtain all types of necessary clearances required

for implementation of the project on the ground from the
concerned agencies/ departments. JNPA shall provide the
necessary supporting letters and any official fees as per the demand
note issued by such concerned agencies from whom the clearances
are being sought to enable implementation.

3.2 While carrying out the field studies, investigations and design, the
development plans being implemented or proposed for future
implementation by the local bodies, should be taken into account. Such
aspect should be clearly brought out in the reports and drawings.

3.3 The consultant shall study the possible locations for wayside amenities
required and arboriculture along the highway shall also be planned.

3.4 The local and slow traffic may need segregation from the main traffic
and provision of service roads and physical barrier including fencing
may be considered, wherever necessary to improve efficiency and
safety.
3.5 The consultant shall be guided in its assignment the Manual of
Specifications and Standards for two/ four/ six laning of highways
published by IRC (IRC:SP:73 or IRC:SP:84 or IRC:SP:87, as
applicable) along with relevant IRC codes for design of long bridges.

3.6 Quality Assurance Plan (QAP)

(i) The Consultants should have detailed Quality Assurance Plan

(QAP) for all field studies including topographic surveys, traffic
surveys, engineering surveys and investigations, design, EIA,
EMP studies and documentation activities. The quality
assurance plans/procedures for different field studies,
engineering surveys and investigation, design and
documentation activities should be presented as separate

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sections like engineering surveys and investigations, traffic

surveys, material geo-technical and sub-soil investigations,
road and pavement investigations, investigation and design of
bridges & structures, environment and R&R assessment,
economic & financial analysis, drawings and documentation,
preparation, checking, approval and filing of calculations,
identification and tractability of project documents etc. Further,
additional information as per format shall be furnished
regarding the details of personal who shall be responsible for
carrying out/ preparing and checking/ verifying various
activities forming part of feasibility study and project
preparation, since inception to the completion of work. The
detailed Draft QAP Document must be discussed and
finalized with the concerned JNPA officers immediately upon
the award of the Contract and submitted as part of the inception
report.
(ii) It is imperative that the QAP is approved by JNPA before the
Consultants start the field work.

3.7 Design Standards

1. The Consultants shall evolve Design Standards and material

specifications for the Study primarily based on IRC publications,
MoRTH Circulars and relevant recommendations of the international
standards for approval by JNPA.

2. The Design Standards evolved for the project shall cover all aspects of
detailed design including the design of geometric elements, pavement
design, bridges and structures, traffic safety and materials.

3. The Consultant shall prepare General Arrangement Drawing (GAD)

and Alignment Plan showing the salient features of the bridges and
structures proposed to be constructed / reconstructed along the road
sections covered under the Study. These salient features such as
alignment, overall length, span arrangement, cross section, deck
level, founding level, type of bridge components (superstructure,
substructure, foundations, bearings, expansion joint, return walls etc.)
shall be finalized based upon hydraulic and geo-technical studies, cost
effectiveness and ease of construction. The GAD shall be
supplemented by Preliminary designs. In respect of span
arrangement and type of bridge a few alternatives with cost-benefit
implications should be submitted to enable JNPA to approve the best
alternative. After approval of alignment and GAD the Consultant shall
prepare detailed design as per IRC codes /guidelines and working
drawings for all components of bridges and structures. Same shall be
vetted through IIT, Mumbai.

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3.8 Traffic Safety Features, Road Furniture and Road Markings

1. The Consultants shall design suitable traffic safety features and road
furniture including traffic signals, signs, markings, overhead sign
boards, crash barriers, delineators etc. The locations of these
features shall be given in the reports and also shown in the drawings.

2. The Consultant should make the provisions for “the overhead (gantry-
mounted) signs on roads with two or more lanes in the same direction”
as per provisions of IRC-67. The minimum height of gantry mounted
sign be 5.5 m above the highest point at the carriageway.

3. Road safety shall be the focus of design. The roads shall be

forgiving, having self- explaining alignment, safe designed
intersections / interchanges segregation and safe crossing facilities for
VRUs with crash barriers at hazardous locations. The details of traffic
signs and pavement markings with their locations, types and
configuration shall be shown on the plan so that they are correctly
provided.

4. DPR shall undergo the exercise of Road Safety Audit through the
Road Safety Auditor (separate from design team) and
recommendations mentioned be incorporated.

5. Road markings and proper signage constitute another important

aspect of the Road safety. The DPR shall contain a detailed signage
plan, indicating the places, directions, distances and other features,
duly marked on the chainage plan. It shall specify the suitable places
where FoBs are to be provided. Road marking and signage plan shall
be included in DPR and shall be specifically approved by the JNPA.

6. Advanced Traffic Management System (ATMS) shall be in place for all

4/6 lane roads of JNPA being put to tolling. This would provide real
time information, guidance and emergency assistance to users.
ATMS would include outdoor equipment including emergency call
boxes, variable message sign systems, meteorological data system,
close circuit TV camera (CCTV) system in addition to any other
equipment required to meet the objective. Indoor equipment would
include large display board, central computer with Network
Management System, CCTV monitor system and management of call
boxes system with uninterrupted power supply, all housed in a central
control centre.
7. As availability of suitable sight distance has a large effect on road
safety, the alignment of all the proposed road should be finalized in
such a way so as to have double the stopping sight distance available
to the road users at all locations.

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3.9 Arboriculture and Landscaping

The Consultants shall work out appropriate plan for planting of trees
(specifying type of plantation), horticulture, floriculture on the surplus
land of the right-of way with a view to beautify the highway and
making the environment along the highway pleasing. These
activities should be included in the TOR for
contractor/ concessionaire and the cost of these activities shall also
be added to the total project cost for civil works. The existing trees /
plants shall be retained to the extent possible. The Transplantation
of trees shall also be proposed wherever feasible.

3.10 Environmental Impact Assessment

Environment impact assessment or initial environment examination be

carried out in accordance Government of India Guidelines, as
applicable

3.10.1 The consultant should carry out the preliminary environmental

screening to assess the direct and induced impacts due to the
project.

3.10.2 The consultant shall ensure to document baseline conditions

relevant to the project with the objective to establish the
benchmarks.

3.10.3 The consultant shall assess the potential significant impacts and
identify the mitigation measures to address these impacts
adequately.

3.10.4 The consultant shall do the analysis of alternatives incorporating

environmental concerns. This should include with and without
scenario and modification incorporated in the proposed project
due to environment considerations.

3.10.5 The consultant shall give special attention to the environmental

enhancement measures in the project for the following:

i. Cultural property enhancement along the highways

ii. Bus bays and bus shelters including a review of their location,
iii. Highway side landscape and enhancement of the road junctions,
iv. Enhancement of highway side water bodies, and
v. Redevelopment of the borrow areas located on public land.

3.10.6 The consultant shall prepare the bill-of-quantities (BOQ) and

technical specifications for all items of work in such a way that
these may be readily integrated to the construction contracts.

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3.10.7 The consultant shall establish a suitable monitoring network with

regard to air, water and noise pollution. The consultant will also
provide additional inputs in the areas of performance indicators
and monitoring mechanisms for environmental components during
construction and operational phase of the project.

3.10.8 The consultant shall provide the cost of mitigation measures and
ensure that environmental related staffing, training and
institutional requirements are budgeted in project cost.

3.10.9 The consultant shall prepare the application forms and obtain
CRZ and Environmental C learances from the respective
authorities including the SPCBs and the MOEF on behalf of
JNPA. The consultants will make presentation, if required, in
defending the project to the MOEF Infrastructure Committee.

3.10.10 The consultant shall identify and plan for plantation and
transplantation of the suitable trees along the existing highway
in accordance with IRC guidelines.

3.10.11 The consultant shall assist in providing appropriate input in

preparation of relevant environment and social sections of BPIP.

3.10.12 Provision should be made for Noise Barriers wherever

(especially where project highway passes through dense
habitation) required as a mitigation measure against noise
pollution and nuisance. Their location, dimension, type, material
and shapes should be determined and defined in environment
impact assessment studies forming part of DPR.

3.10.13 Reporting Requirements of EIA

 The consultant would prepare the stand-alone reports as per the

requirement of JNPA, as applicable, with contents as per the
following:
 Executive Summary
 Description of the Project
 Environmental setting of the project.
 Identification and categorization of the potential impacts (during
pre- construction, construction and operation periods).
 Analysis of alternatives (this would include correlation
amongst the finally selected alternative alignment/routing and
designs with the avoidance and environmental management
solutions).
 The public consultation process.
 Policy, legal and administrative framework. This would include
mechanisms at the states and national level for operational
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policies. This would also include a description of the

organizational and implementation mechanism recommended
for this project.
 Typical plan or specific designs for all additional environmental
items as described in the scope of work.
 Incorporating any other as per the suggestions of the JNPA,
till the acceptance of the reports by the JNPA, as applicable.
 EMP Reports for Contract Package based on uniform
methodology and processes. The consultant will also ensure
that the EMP has all the elements for it to be a legal document.
The EMP reports would include the following:
a. Brief description of the project, purpose of the EMP,
commitments on incorporating environmental
considerations in the design, construction and operations
phases of the project and institutional arrangements for
implementing the EMP.
b. A detailed EMP for construction and operational phases with
recourse to the mitigation measures for all adverse impacts.
c. Detailed plans for highway-side tree plantation (as part of
the compensatory afforestation component).
d. Environmental enhancement measure would be
incorporated.
e. Enhancement measures would include items described in
the scope of work and shall be complete with plans, designs,
BOQ and technical specifications.
f. Environmental monitoring plans during and after
construction including scaling and measurement techniques
for the performance indicators selected for monitoring.
g. The EMP should be amendable to be included in the
contract documents for the works.
h. Incorporating any other as per the suggestions of the
JNPA, till the acceptance of the reports by the JNPA as
applicable.

3.11 Plan for utilities in future road design

1. Consultants need to identify utilities that will require shifting to enable

construction of the proposed project road.
2. Incorporate space required for elevated and under-ground utilities
corridors and utilities crossings as required for existing and future
utilities in consultation with user departments.

3.11.1 Estimates and approvals

i. Consultants need to obtain draft utilities shifting proposal from
user departments for all utilities identified for shifting along project
road
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ii. Prepare utility shifting cost estimates using latest schedule of

rates and obtain approval from user departments

iii. Review final designs submitted, cost estimates, complete

checklist, obtain required declarations and submit to JNPA for
approval

iv. Work with user department, JNPA as required to incorporate any

changes requested in shifting proposal and cost estimate

v. Obtain all required utilities shifting proposal estimates and

required approvals from both user departments and JNPA within
the time stipulated in DPR contract.

3.12 Estimation of Quantities and Project Costs

1. The Consultants shall prepare detailed estimates f or quantities

(considering designs and mass haul diagram) and project cost for
the entire project, including the cost of environmental and social
safeguards proposed based on MoRTH’s Standard Data Book and
market rate for the inputs. The estimation of quantities shall be
based on detailed design of various components of the projects.
The estimation of quantities and costs would have to be worked
out separately for civil work Package as defined in this TOR.

2. The Consultants shall make detailed analysis for computing the

unit rates for the different items of works. The unit rate analysis
shall duly take into account the various inputs and their basic rates,
suggested location of plants and respective lead distances for
mechanized construction. The unit rate for each item of works shall
be worked out in terms of manpower, machinery and materials.

3. The project cost estimates so prepared for JNPA projects are to be

checked against rates for similar on-going works in JNPA road
sector projects.

4. The Consultant should work out the quantity of Bitumen, Steel and
Cement likely to be used in the project and indicate in the summary
sheet.

3.13 Viability and Financing Options and Bidding process

1. The Project Road should be divided into the traffic homogenous links
based on the findings of the traffic studies. The homogenous links
of the Project Road should be further subdivided into sections based
on physical features of road and pavement, sub-grade and drainage
characteristics etc. The economic and commercial analysis shall be
carried out separately for each traffic homogenous link as well as
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for the Project Road.

2. The values of input parameters and the rationale for their selection
for the economic and commercial analyses shall be clearly brought
out and got approved by JNPA.

3. For models to be used for the economic and the commercial analyses,
the calibration methodology and the basic parameters adapted to
the local conditions shall be clearly brought out and got approved by
JNPA.

4. The economic and commercial analyses should bring out the priority
of the different homogenous links in terms of project implementation.

3.14 Economic Analysis

1. The Consultants shall carry out economic analysis for the project. The
analysis should be for each of the sections covered under this TOR.
The benefit and cost streams should be worked out for the project
using HDM-IV or other internationally recognized life-cycle costing
model.

2. The economic analysis shall cover but be not limited to be following

aspects:

i. assess the capacity of existing roads and the effects of capacity

constraints on vehicle operating costs (VOC);
ii. calculate VOCs for the existing road situation and those for the
project;
iii. quantify all economic benefits, including those from reduced
congestion, travel distance, road maintenance cost savings
and reduced incidence of road accidents; and,
iv. estimate the economic internal rate of return (EIRR) for the
project over a 30-year period. In calculating the EIRRs, identify
the tradable and non- tradable components of projects costs
and the border price value of the tradable components.
v. Saving in time value.

3. Economic Internal Rate of Return (EIRR) and Net Present Value

(NPV), “with “and “without time and accident savings” should be
worked out based on these cost- benefit stream. Furthermore,
sensitivity of EIRR and NPV worked out forth different scenarios as
given under:

Scenario – I Base Costs and Base Benefits

Scenario - II Base Costs plus 15% and Base Benefits

Scenario - III Base Costs and Base Benefits minus 15%

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Scenario – IV Base Costs plus 15% and Base Benefits minus 15%

The sensitivity scenarios given above are only indicative. The

Consultants shall select the sensitivity scenarios taking into account
possible construction delays, construction costs overrun, traffic
volume, revenue shortfalls, operating costs, exchange rate
variations, convertibility of foreign exchange, interest rate volatility,
non-compliance or default by contractors, and force majeure.

4. The economic analysis shall take into account all on-going and
future road and transport infrastructure projects and future
development plans in the project area.

3.15 Financial Analysis

3.15.1 Need for financial Analysis

1. It is envisaged that project stretches should be implemented

in a commercial / PPP funded format.
2. Therefore, the Consultant will need to study the financial viability
of the project under various available commercial formats and
suggest a mode of funding and execution that is most likely to
be successful.
3. The consultant shall study the financial viability of the project
under several different traffic volume, user fee scenarios and
funding options to arrive at the optimal execution mode and
funding modalities.

3.15.2 Financial analysis of the project

1. The Consultants shall in consultation with JNPA finalize the

format for the analysis and the primary parameters and scenarios
that should be taken into account while carrying out the
commercial analysis.

2. The Financial analysis for the project should cover financial

internal rate of return, projected income statements, balance
sheets and fund flow statements and should bring out all relevant
assumptions.

3. The financial analysis should cover identification, assessment, and

mitigating measures for all risks associated with the project. The
analysis shall cover, but be not limited to, risks related to
construction delays, construction costs overrun, traffic volume,
revenue shortfalls, operating costs, exchange rate variations,
convertibility of foreign exchange, interest rate volatility, non-
compliance or default by contractors, and force majeure.

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4. The sensitivity analysis should be carried out for a number of

probabilistic scenarios.

5. Outputs from financial analysis.

6. The financial model so developed shall be handed over to and

be the property of JNPA.

7. The consultant shall also suggest positive ways of enhancing the

project viability and furnish different financial models for
implementing on BOT format.

3.16 Bidding process

Consultant shall assist the authority in preparing the required bid

documents and support the authority through the bidding process.

3.17 Preparation of documents

3.17.1 The consultant shall prepare all required bid documents and
technical schedules required for the bidding of the project.

3.17.2 The Consultants shall prepare separate documents for each type of
contract (EPC/ PPP) for each package of the DPR assignment.

3.17.3 The consultant shall assist authority in reviewing bid documents and
in making any changes required basis their findings or the and
finalising bid documents.

3.17.4 The consultant shall assist the authority in collecting and providing
all required supporting documents for initiating bid as defined by the
SOP for contracting.

3.17.5 The DPR consultant may be required to prepare the Bid Documents,
based on the feasibility report, due to exigency of the project for
execution if desired by JNPA.

3.17.6 To enable this, consultant should study the financial viability and
financial options for the project for modes such as BOT Toll/ Annuity
during the feasibility stage.

3.17.7 Provide any and all clarifications required by the authority or other
functionaries such as the financial consultant and legal advisor as
required for the financial appraisal and legal scrutiny of the Project
Highway and Bid Documents.

3.17.8 The consultant shall be guided in its assignment by the Model

Concession/ Contract Agreements for PPP/ EPC projects, as
applicable and the Manual of Specifications and Standards for two/
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four/ six laning of highways published by IRC (IRC:SP:73 or

IRC:SP:84 or IRC:SP:87, as applicable) along with relevant IRC
codes for design of long bridges.

3.17.9 It is suggested that consultant should go through the EPC/ PPP

documents of ministry before bidding the project.

3.18 Support during the bidding process

3.18.1 Consultant shall support JNPA through the entire bid process
and shall be responsible for sharing the findings from the
preparation stages during the bid process.
3.18.2 The consultant shall ensure participation of senior team
members of the consultant during all interaction with potential
bidders including pre-bid conference, meetings, site visits etc.
3.18.3 During the bid process for a project, the consultant shall support
the authority in:
a) Responding to all pre-bid technical queries.
b) Preparation of detailed responses to the written queries raised
by the bidders.

3.18.4 The consultant shall assist JNPA and its functionaries as needed
in the evaluation of technical bids.

3.19 Reports to be submitted by the Consultant to JNPA

All reports, documents and drawings are to be submitted separately for each of
the traffic homogenous link of the Project Road. The analysis of data and the
design proposals shall be based on the data derived from the primary surveys
and investigations carried out during the period of assignment. The sources of
data and model relationships used in the reports shall be indicated with
complete details for easy reference.

Project preparation activities will be split into Six stages as brought out below.

Sr. Report/ Deliverable

Stage Key activities
No submitted
Project planning and
1 QAP &Inception Inception Report and QAP
mobilization
Alignment finalization, Alignment Options Report
2 Feasibility
preliminary surveys and Feasibility Report

Utilities identification; Strip Plan, Clearances

3 Clearances creation of draft notifications and Utility Shifting
and proposals proposals

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Detailed design of highway, Draft DPR Report, Final

4 DPR preparation of detailed DPR Report, documents
project report with drawings and drawings

Bid Document including

Preparation of bid technical schedule in
5 Bid Document documents and technical conformity to JNPA’s
schedules model tender document.

Carrying out EMP, EIA Getting CRZ, EC

CRZ and EC studies and all other required clearance and permission
6
Clearance studies for obtaining CRZ and from Hon’ble Bombay
EC clearance. High Court.

3.20 Reports and Documents to be submitted by the Consultant to JNPA

i. The Consultant shall submit to the client the reports and documents in
bound volumes (and not spiral binding form) after completion of each
stage of work as per the schedule and in the 5 numbers of copies.
Further, the reports shall also be submitted in Pen drive/ Hard disk in
addition to the hardcopies. Consultant shall submit all other reports
mentioned specifically in the preceding paras of the TOR.

ii. The time schedule for various submissions prescribed in RFP documents
shall be strictly adhered to 1.11 above. No time overrun in respect of
these submissions will normally be permitted. Consultant is advised to
go through the entire terms of reference carefully and plan his work
method in such a manner that various activities followed by respective
submissions as brought out at in RFP documents are completed as
stipulated. Consultant is therefore advised to deploy sufficient number of
supporting personnel, both technical and administrative, to undertake
the project preparation activities in construction package (Section)
simultaneously. As far as possible, the proposal should include complete
information such as number of such persons, name, position, period of
engagement, remuneration rate etc. The Consultant is also advised to
start necessary survey works from the beginning so as to gain time in
respect of various other activities in that stage.

3.21 DPR Deliverables in each stage of project

I. The key stages, activities and deliverables for the detailed project
report are as described in these documents.

II. The following section describes the detailed requirements for each
report that needs to be submitted.

III. Formats for submission of Reports and Documents to understand any

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additional format and content requirements

IV. All reports must be submitted along with the relevant checklist form
completed and signed off by the consultant

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STAGE 1

4.1 Quality Assurance Plan (QAP) Document

1. Immediately upon the award, the Consultants shall submit five copies
of the QAP document covering all aspects of field studies,
investigations design and economic financial analysis. The quality
assurance plans/ procedures for different field studies, engineering
surveys and investigation, design and documentation activities should
be presented as separate sections like engineering surveys and
investigations, traffic surveys, material geo-technical and sub-soil
investigations, road and pavement investigations, investigation and
design of bridges &structures, environment and R&R assessment,
economic & financial analysis, drawings and documentation;
preparation, checking, approval and filing of calculations, identification
and traceability of project documents etc. Further, additional
information as per format shall be furnished regarding the details of
personnel who shall be responsible for carrying out/preparing and
checking/verifying various activities forming part of feasibility study
and project preparation, since inception to the completion of work.
The field and design activities shall start after the QAP is approved by
JNPA.

4.2 Inception Report (IR)

1. The report shall cover the following major aspects:

i. Project appreciation;
ii. Detailed methodology to meet the requirements of the TOR
finalized in consultation with the JNPA officers; including
scheduling of various sub activities to be carried out for
completion of various stages of the work; stating out clearly
their approach & methodology for project preparation after due
inspection of the entire project stretch and collection/ collation
of necessary information;
iii. Task Assignment and Manning Schedule;
iv. Work programme;
v. Proforma for data collection;
vi. Design standards and proposed cross-sections;
vii. Key plan and Linear Plan;
viii. Development plans being implemented and / or proposed for
implementation in the near future by the local bodies and the
possible impact of such development plans on the overall
scheme for field work and design for the study;
ix. Quality Assurance Plan (QAP) finalized in consultation with
JNPA;

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x. Draft design standards; and

2. The requirements, if any, for the construction of bypasses should be

identified on the basis of data derived from reconnaissance and traffic
studies. The available alignment options should be worked out on the
basis of available maps. The most appropriate alignment option for
bypasses should be identified on the basis of site conditions and
techno-economic considerations. Inception Report should include the
details regarding these aspects concerning the construction of
bypasses for approval by JNPA.

i. Bypasses should be identified on the basis of data derived

from reconnaissance and initial traffic information/ traffic
studies.
ii. The available alignment options should be worked out on the
basis of available topographic maps, publicly available
mapping services or remote sensing based topography and
land use maps.
iii. The most appropriate alignment option for bypasses should be
identified on the basis of site conditions and techno-economic
considerations.

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STAGE 2
Feasibility Report

4.2 Alignment options report

1. Basis review of the existing project site, local traffic patterns and initial
reconnaissance surveys, the consultant shall present possible
alignment alternatives for the project road.

2. Alignment options should include but not be limited to:

(i) Greenfield sections of the road.

(ii) New/Re-alignment to cater to local traffic and o-d points.
(iii) Bypasses as suggested and approved in alignment report.
(iv) Re-alignment due to need to improve road geometry.
(v) Provision of ROBs, flyovers and other structures.

3. The alignment report shall contain:

i. Alignment alternatives for each section where re-alignment of

road is needed.
ii. Analysis of alignment alternatives bringing out the pros and
cons of each alternative including, but not limited to: new
construction required, environmental impact, utilities and
structures affected, cost of construction, road geometry and
road safety aspects, input from local consultation, JNPA views.
iii. Recommendations from among the alignment options
presented for the authority to consider

a. Consultant will enable authority to visualize and compare

alignment options by providing alignment options in a GIS
environment that should include, but not be limited to:

i. Road alignment alternative centrelines

ii. Digital elevation model of the region
iii. Land use / land cover information
iv. Hydrology information
v. Surrounding road network including key NH, SH, MDR
and ODRs
vi. Key O/D points and urban settlements
vii. High resolution satellite/ airborne imagery of the region

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4.3 Feasibility Report

1. The consultant shall commence the Feasibility Study of the project in

accordance with the accepted IR and the report shall contain the
following:

i. Executive summary
ii. Overview of JNPA organization and activities, and project
financing and cost recovery mechanisms
iii. Project description including possible alternative
alignments/ bypasses and technical/ engineering alternatives
iv. Methodology adopted for the feasibility study
v. Socio-economic profile of the project areas
vi. Indicative design standards, methodologies and specifications
vii. Traffic surveys and analysis
viii. Environmental screening and preliminary environmental
assessment
ix. Initial social assessment
x. Cost estimates based on preliminary rate analysis and bill of
quantities,
xi. Cost analysis of all alternate identified alignments
xii. Economic and financial analysis
xiii. Conclusions and recommendations

2. In view of para 1 above the consultant has to submit the following

documents in five sets:

i. Technical Specifications: The latest MORT&H’s Technical

Specifications and IRC standards for Road and Bridge works
shall be followed for this study. However, Volume-IV:
Technical Specifications shall contain the special technical
specifications which are not covered by MORT&H
Specifications for Roads and Bridges (latest edition / revision)
and also specific quality control norms for the construction of
works.

ii. Rate Analysis: This volume will present the analysis of rates
for all items of works. The details of unit rate of materials at
source, carriage charges, any other applicable charges, labour
rates, and machine charges as considered in arriving at unit
rates will be included in this volume.

iii. Cost Estimates: This volume will present each item of work as
well as a summary of total cost.

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iv. Bill of Quantities: This volume shall contain the detailed Bill
of Quantities for all items of works

3. The basic data obtained from the field studies and investigations shall
be submitted in a separate volume as an Appendix to Feasibility
Report.

4. The Final Feasibility Study Report incorporating comments, revisions

and modifications suggested by JNPA shall be submitted within 7
days of receipt of comments from JNPA on draft feasibility study
report.

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STAGE 3
Utility Relocation and Clearances

4.4 Utility relocation plan

1. The consultant shall prepare a kilometre-wise Utility Relocation Plan

(URP) and costs for relocation per civil construction package as per
estimates from concerned authorities

2. The utility relocation shall contain details regarding:

i. All utilities identified in the existing and proposed road RoW

such as water-mains, telephone, telegraph and electricity
poles, etc.
ii. Those utilities that will require shifting to enable construction of
the project road
iii. All necessary details required for submission of utilities
shifting proposals to the concerned user agencies
iv. Copies of utilities shifting proposals made to the concerned
user agencies along with suggested relocation of services
along with their crossings across the project road at designated
locations as required
v. Details of consultations made with local people and user agencies
vi. Preliminary scheme for shifting and cost estimates for shifting
as per the concerned authorities
vii. Separate strip plan showing shifting/ relocation of each utility
services prepared in consultation with the concerned local
authorities
viii. Draft map and plans showing road centre line, proposed right
of way, pertinent topographic details and existing and proposed
location of utilities

4.5 Clearances report

1. The consultant shall prepare a report regarding all other clearances

required to enable the construction of the project road such as
environment, railways, other statutory clearances required for bringing
project on ground.

2. The clearances report shall include kilometre-wise requirement of all

clearances required presented along with the strip plan including, but
not limited to:

i. Requirements for environmental clearances along the project

corridor
ii. Requirements for wildlife clearances
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iii. Requirements for CRZ clearances

iv. ROB/ RUBs along the project corridor to be constructed,
widened or modified in any form requiring clearances from the
railways
v. Clearances from Irrigation Authorities regarding Irrigation
structures, etc.

3. The clearances report shall also include:

i. Details of proposals made to concerned agencies and

departments
ii. Date of submission of clearances proposals, Environmental
impact assessment report to the competent authority
iii. Copies of all actual clearance proposals made or drafts
of proposals yet to be submitted
iv. Information regarding points of contact, current status of
proposals made, key issues raised and clear next steps to
obtaining clearances
4. The consultant shall also assist in attending to queries raised/
furnishing of clarifications towards securing applicable clearances.

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STAGE: 4

4.6 Draft Detailed Project Report (DPR)

1. The draft DPR Submission shall consist of construction package-

wise Main Report, Design Report, Materials Report, Engineering
Report, Drainage Design Report, Drainage Plan, Economic and
Financial Analysis Report, Environmental Assessment Report
including Resettlement Action Plan (RAP), Package-wise bid
Documents and Drawings.

2. The Documents and Drawings shall be submitted for the Package and
shall be in the following format:

Reports

i. Volume-I, Main Report: This report will present the project

background, social analysis of the project, details of surveys and
investigations carried out, analysis and interpretation of survey
and investigation data, traffic studies and demand forecasts
designs, cost estimation, environmental aspects, economic and
commercial analyses and conclusions. The report shall include
Executive Summary giving brief accounts of the findings of the
study and recommendations.

The Report shall also include maps, charts and diagrams showing
locations and details of existing features and the essential features
of improvement and upgrading. The Environmental Impact
Assessment (EIA) Report for contract package shall be submitted
as a part of the main report.

The basic data obtained from the field studies and investigations
and input data used for the preliminary design shall be submitted
in a separate volume as an Appendix to Main Report.

ii. Volume - II, Design Report: This volume shall contain design
calculations, supported by computer printout of calculations
wherever applicable. The Report shall clearly bring out the
various features of design standards adopted for the study. The
design report will be in two parts. Part-I shall primarily deal with
the design of road features and pavement composition while
Part-II shall deal with the design of bridges, tunnels and cross-
drainage structures. The sub-soil exploration report including the
complete details of boring done, analyses and interpretation of
data and the selection of design parameters shall be included as
an Appendix to the Design Report.

The detailed design for all features should be carried out as per
the requirements of the Design Standards for the project. However,

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there may be situations wherein it has not been possible to strictly

adhere to the design standards due to the existing site conditions,
restrictions and other considerations. The report should clearly
bring out the details of these aspect and the standards adopted.

iii. Volume - III, Materials Report: The Materials Report shall

contain details concerning the proposed borrow areas and quarries
for construction materials and possible sources of water for
construction purposes. The report shall include details on
locations of borrow areas and quarries shown on maps and charts
and also the estimated quantities with mass haul diagram including
possible end use with leads involved, the details of sampling and
testing carried out and results in the form of important index
values with possible end use thereof.

The materials Report shall also include details of sampling, testing

and test results obtained in respect physical properties of
subgrade soils. The information shall be presented in tabular as
well as in graphical representations and schematic diagrams. The
Report shall present soil profiles along the alignment.

The material Report should also clearly indicate the locations of

areas with problematic soils. Recommendations concerning the
improvement of such soils for use in the proposed construction
works, such as stabilization (cement, lime, mechanical) should be
included in the Report.

iv. Volume - IV, Environmental Assessment Report including

Environmental Management Plan (EMP) & Resettlement Action
Plan (RAP): The Report shall be prepared conforming to the
Guidelines of the Government of India, State Government.

v. Volume-V, Technical Specifications: The latest IRC &

MORT&H’s Technical Specifications for Road and Bridge works
shall be followed for this study. However, Volume IV: Technical
Specifications shall contain the special technical specifications
which are not covered by MORTH Specifications for Roads and
Bridges (latest edition / revision) and also specific quality control
norms for the construction of works.

vi. Volume - VI, Rate Analysis: This volume will present the analysis
of rates for all items of works. The details of unit rate of materials
at source, carriage charges, any other applicable charges, labour
rates, machine charges as considered in arriving at unit rates will
be included in this volume.

vii. Volume - VII, Cost Estimates: This volume will present the
contract package wise cost of each item of work as well as a
summary of total cost.

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viii. Volume - VIII, Bill of Quantities: This volume shall contain the
package-wise detailed Bill of Quantities for all items of works.

ix. Volume - IX, Drawing Volume: All drawings forming part of this
volume shall be ‘good for construction’ drawings. All plan and
profile drawings will be prepared in scale 1:250V and 1:2500H
scale to cover one km in one sheet. In addition, this volume will
contain ‘good for construction’ drawings for the following:

 Horizontal Alignment and Longitudinal Profile.

 Cross-section @ 50m interval along the alignment within ROW
 Typical Cross-Sections with details of pavement structure.
 Detailed Working Drawings for individual Culverts and
Cross Drainage Structures.
 Detailed Working Drawings for individual Bridges, tunnels and
Structures.
 Detailed Drawings for Improvement of At-Grade and Grade
Separated
 Intersections and Interchanges.
 Drawings for Road Sign, Markings, Toll Plazas, and other
Facilities.
 Schematic Diagrams (linear chart) indicating but be not limited
to be following:
 Widening scheme;
 Locations of median openings, intersections, interchanges,
underpasses, overpasses, bypasses;
 Locations of service roads;
 Location of traffic signals, traffic signs, road markings, safety
features; and,
 Locations of toll plaza, parking areas, weighing stations, bus
bays, rest areas, if any.
 Drawings for toll plaza, Bus Bays, Parking areas, Rest areas,
weighing stations etc. All drawings will be prepared in A2 size
sheets. The format for plan, cross section and profile
drawings shall be finalized in consultation with the concerned
JNPA officers. The drawings shall also include details of all
BM and reference pillars, HIP and VIP. The co-ordinates of
all points should be referenced to a common datum,
preferably GTS referencing system. The drawings shall also
include the locations of all traffic safety features including
traffic signals, signs, markings, crash barriers, delineators
and rest areas, bus bays, parking areas etc.
 The typical cross-section drawings should indicate the
scheme for future widening of the carriageway. The proposed
cross-sections of road segment should indicate the
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provisions for suitable measures for surface and sub-surface

drainage and lighting, as required.
 Digital drawings of proposed highway and features

a. The consultant shall deliver the final road alignment geometry,

proposed road way model and all proposed structures in a 3D
engineered model with all the required features as proposed
above.

b. The consultant shall also provide digital versions of all

drawings stated above .

x. Volume - X, Drainage Plan: As per JNPA Policy Guidelines

3. The draft Detailed Project report of specialized projects will be

scrutinized by the Peer Review consultant appointed by JNPA. The
peer Review Consultant will be retired professional in the field, drawn
from the various Central/State Highway/Road Work departments
having adequate knowledge in the field. One professional will be
earmarked from the standing panel of Peer Review consultant
approved by JNPA for each DPR. The Peer Review consultant will
scrutinize the draft DPR within 15 days of submission and the
observations will be complied with and incorporated in the final DPR.

4.7 Final Detailed Project Report, Documents and Drawings (10 Sets)

1. The Final package-wise DPR consisting of Main Report, Design

Report, Drainage Design Report and Materials Report, incorporating
all revisions deemed relevant and including Detailed Engineering.
following receipt of the comments from JNPA on the draft DPR shall be
submitted.

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STAGE: 5

4.8 Bid documents and Technical Schedules

1. Bid documents

a. The consultant shall prepare bid documents for EPC, PPP or

other modes of contracting as suggested by JNPA.
b. Individual bid documents will be submitted for each mode
suggested and for each individual package or section identified
for execution.
c. Consultant shall assemble and provide all supporting
documents from the DPR assignment that will be required for
the bid, in the format required by the contracting SOP in force
at the time of bidding or as maybe required by the authority.

2. Technical Schedules

a. The consultant shall submit a Draft Contract/ Concession

Agreement derived from the Master Contract/ Concession
Agreement maintained by the authority with all required
modifications and inclusions made with reference to the……..
b. The agreement submitted shall contain all required technical
schedules updated with the pertinent project details and data
required.
c. Draft agreement and schedules shall be finalised in
consultation with the authority and submitted for further
processing and use with the contractor/ concessionaire
awarded the bid packages.

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STAGE: 6

4.9 CRZ & Environmental Clearance

4.9.1 The consultant should carry out the preliminary environmental

screening to assess the direct and induced impacts due to the project
for obtaining CRZ and environmental clearance.

4.9.2 The consultant shall ensure to document baseline conditions relevant

to the project with the objective to establish the benchmarks.

4.9.3 The consultant shall assess the potential significant impacts and
identify the mitigation measures to address these impacts adequately.

4.9.4 The consultant shall do the analysis of alternatives incorporating

environmental concerns. This should include with and without scenario
and modification incorporated in the proposed project due to
environment considerations.

4.9.5 The consultant shall give special attention to the environmental

enhancement measures in the project for the following:

i. Cultural property enhancement along the highways

ii. Bus bays and bus shelters including a review of their location,
iii. Highway side landscape and enhancement of the road junctions,
iv. Enhancement of highway side water bodies, and
v. Redevelopment of the borrow areas located on public land.

4.9.6 The consultant shall establish a suitable monitoring network with

regard to air, water and noise pollution. The consultant will also
provide additional inputs in the areas of performance indicators and
monitoring mechanisms for environmental components during
construction and operational phase of the project.

4.9.7 The consultant shall provide the cost of mitigation measures and ensure
that environmental related staffing, training and institutional
requirements are budgeted in project cost.
Appointed Consultant shall have to submit EIA, EMP and all other required
studies for obtaining EC and CRZ clearance confirming to guidelines of the
Government of India / State Government and EIA notification, 2006 and its
subsequent amendment. Consultant shall prepare application forms and
obtaining CRZ and EC clearance form respective authorities and permission
from Hon’ble Bombay High Court on behalf of JNPA. The Consultants will make
presentation, if required in defending the project to the MOEF Infrastructure
Committee. Consultant has to provide all assistance in obtaining the same from
Central Government / State Government.

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4.10 Currency of Payment

(a) The payment shall be made in Indian Rupees.

4.11 Mode of Billing and Payment- Billing and payments in respect of the
Services shall be made as follows: -

(a) Payment Schedule

The Consultant will be paid stage-wise as a percentage of the
contract value as per the schedule given below:

Assignment No.1 - Construction of Second Link Road to JN Port

Key Date Week

Description of Deliverables Payment
No. No.
Submission QAP & Inception Report
KD1 2 5%
Conducting Geotechnical Investigation
10 15 %
including Borehole in situ sample
collection as mentioned in ToR and
KD2 submission of Geotechnical
Investigation Report , Submission
topographic survey with proposed road
alignment
Submission of Utility Relocation plan and
KD3 14 10 %
Clearances report
Submission of draft DPR
KD4 16 10 %
Submission of DPR including detailed
KD5 22 20 %
engineering
Submission of Bidding document
KD6 26 10 %
Submission of EIA and EMP reports
KD7 26 10%
Application to CRZ, EC Clearance and
32 10 %
KD8 permission from Hon’ble Bombay High
Court
Receipt of CRZ, EC Clearance and
- 10%
KD9 permission from Hon’ble Bombay High
Court
Total 100 %

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Assignment. No. 2- Construction of ROB connecting Jaskar and

Karal Village at JN Port

Key Date Week

Description of Deliverables Payment
No. No.
Submission QAP & Inception Report
KD1 1 5%
Submission of Feasibility Report
2 10 %
KD2 including Submission topographic
survey with proposed road alignment
Submission of Utility Relocation plan and
5 15 %
Clearances report including Conducting
Geotechnical Investigation including
KD3 Borehole in situ sample collection as
mentioned in ToR and submission of
Geotechnical Investigation Report
Submission of draft DPR
KD4 8 10 %
Submission of DPR including detailed
KD5 11 20 %
engineering
Submission of Bidding document
KD6 13 10 %
Submission of EIA and EMP reports
KD7 13 10%
Application to CRZ, EC Clearance and
16 10 %
KD8 permission from Hon’ble Bombay High
Court
Receipt of CRZ, EC Clearance and
- 10%
KD9 permission from Hon’ble Bombay High
Court
Total 100 %

Payment will be release after acceptance of above submission by

Engineer-in-charge of the Assignment.

Bidder shall write JNPAs GST No. on invoice while submitting Bills.

4. DELIVERABLES

The Consultant shall deliver the following deliverables (the

“Deliverables”) during the course of this Consultancy.

1. Survey Report

2. Inception Report

3. Feasibility Report

4. Design Based Report

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5. Drawings (GAD, GFC, etc.)

6. Clearances from other concerned/ involved statutory bodies

7. EIA, EMP, Reports required for obtaining CRZ & EC clearance

8. Technical Schedule and Bid document for tendering

9. Detailed Project Report (DPR)

10. Obtaining CRZ, EC clearance and permission from Hon’ble Bombay

High Court

The Deliverables shall be so drafted that they could be given to the

prospective bidders for guidance in preparation of their bids. Ten hard
copies and soft copies in Pen drive of all the final reports, drawings, etc.
shall be submitted to the Authority. For draft reports only 10 (Ten) hard
copies and soft copies in Pen Drive shall be submitted to the Authority.
The size of drawings shall be A-3 (maximum).

A. Survey and Inspection Report

On commencement of the Consultancy, the Consultant shall carry out

survey and inspection of site and shall submit a Survey and inspection
Report. The Survey Report shall include the Consultant’s submissions
towards understanding of the RFP, the methodology to be followed and
the Work Plan. The Inception Report shall also include the Consultant’s
proposal regarding the proposed locations piles, Methodology to be
adopted for construction. (refer Paragraphs 3.2.1 and 3.9).

B. Submission of Design Based Report and Design Drawings

Within a period of two weeks of submission of the Survey and Inception

Report, the Consultant shall submit a design-based report and design
construction drawings and it must clearly spell out the broad strategy for
structuring the project in a manner. After approval drawings from
employer same shall be vetted from IIT, Bombay and after necessary
correction drawings shall be issued to contractor for execution of work.

5. TIME AND PAYMENT SCHEDULE

5.1 The total duration for work shall be following-

Sr. Assignment Name Period

No.
1 Construction of Second Link Road 8 Months form issue of LOA
to JN Port (Excluding 15 days of mobilization
period including monsoon)

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2 Construction of ROB connecting 4 Months form issue of LOA

Jaskar and Karal Village at JN Port (Excluding 15 days of mobilization
period including monsoon)

The Consultant shall deploy its Key Personnel as per the Deployment of
Personnel proposed.

5.2 Time schedule for important Deliverables (the “Key Dates”) of the
Consultancy and the payment schedule linked to the specified
Deliverables is given below:

6. MEETINGS

6.1 The Authority may review with the Consultant, any or all of the documents
and advice forming part of the Consultancy, in meetings and conferences
which will be held at the Authority’s office.
6.2 The Consultant shall establish a Project Office at a suitable location on
or near the site where the Authority’s office or the Project is situate, for
efficient and coordinated performance of its Services. All the Key
Personnel shall be deployed at this office during entire work period. The
authorised officials of the Authority may visit the Consultant’s Project
Office any time during office hours for inspection and interaction with the
Consultant’s Personnel. It is not expected of the Consultant to carry out
the operations from the Head/Home Office.

6.3 The Consultant shall mobilise and demobilise its Professional Personnel
and Support Personnel with the concurrence of the Authority and shall
maintain the time sheet/ attendance sheet of the working of all Personnel
in the Project Office. These time sheets/ attendance sheets shall be
made available to the Authority as and when asked for and a copy of
such record shall be submitted to the Authority at the end of each
calendar month.

7. REPORTING

7.1 The Consultant will work closely with the Authority. The Authority
has established a Working Group (the “WG”) to enable conduct of
this assignment. A designated Project Director of the Authority will
be responsible for the overall coordination and project
development. He will play a coordinating role in dissemination of
the Consultant’s outputs, facilitating discussions, and ensuring
required reactions and responses to the Consultant.

7.2 The Consultant may prepare Issue Papers highlighting issues that
could become critical for the timely completion of the Project and
that require attention from the Authority.

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7.3 The Consultant will make a presentation on the Inception Report

for discussion with the WG at a meeting. This will be a working
document. The Consultant is required to prepare and submit a
monthly report that includes and describes, inter alia, general
progress to date; data and reports obtained and reviewed,
conclusions to date, if any; concerns about availability of, or access
to, data, analyses, reports; questions regarding the TOR or any
other matters regarding work scope and related issues; and so on.
The Consultants’ work on the TOR tasks should continue while the
report is under consideration and is being discussed.

7.4 Regular communication with the WG and the Project Director is

required in addition to all key communications. This may take the
form of telephone/ teleconferencing, emails, faxes, and occasional
meetings.

7.5 The Deliverables will be submitted as per schedule provided in this

RFP.

8. COMPLETION OF SERVICES

8.1 All the study outputs including primary data shall be compiled,
classified and submitted by the Consultant to the Authority in soft
form apart from the reports indicated in the Deliverables (Paragraph
4). The study outputs shall remain the property of the Authority and
shall not be used for any purpose other than that intended under
these Terms of Reference without the permission of the Authority.
The Consultancy shall stand completed on acceptance by the
Authority of all the Deliverables of the Consultant 32 (Thirty- Two)
weeks from the Effective Date, whichever is earlier. The Authority
shall issue a certificate to that effect. The Consultancy shall in any
case be deemed to be completed upon expiry of [08 (Eight)] Months
from the Effective Date, unless extended by mutual consent of the
Authority and the Consultant.

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SCHEDULE-2

(See Clause 2.1.3)

AGREEMENT FOR

Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port
and Construction of ROB connecting Jaskar and Karal Village at JN
Port

Contents

1. General

1.1 Definitions and Interpretation

1.2 Relation between the Parties

1.3 Rights and Obligations

1.4 Governing law and jurisdiction

1.5 Language

1.6 Table of contents and headings

1.7 Notices

1.8 Location

1.9 Authority of Member-in-charge

1.10 Authorised representatives

1.11 Taxes and duties

2. Commencement, Completion and Termination of Agreement

2.1 Effectiveness of Agreement

2.2 Commencement of Services

2.3 Termination of Agreement for failure to commence Services

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2.4 Expiration of Agreement

2.5 Entire Agreement

2.6 Modification of Agreement

2.7 Force Majeure

2.8 Suspension of Agreement

2.9 Termination of Agreement

3. Obligations of the Consultant

3.1 General

3.2 Conflict of Interest

3.3 Confidentiality

3.4 Liability of the Consultant

3.5 Insurance to be taken out by the Consultant

3.6 Accounting, inspection and auditing

3.7 Consultant’s actions requiring the Authority’s prior approval

3.8 Reporting obligations

3.9 Documents prepared by the Consultant to be the property of the

Authority

3.10 Equipment and materials furnished by the Authority

3.11 Providing access to the Project Office and Personnel

3.12 Accuracy of Documents

4. Consultant’s Personnel and Sub-Consultant

4.1 General

4.2 Deployment of Personnel

4.3 Approval of Personnel

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4.4 Substitution of Key Personnel

4.5 Working hours, overtime, leave etc.

4.6 Resident Team Leader and Project Manager

4.7. Sub-Consultants

5. Obligations of the Authority

5.1 Assistance in clearances etc.

5.2 Access to land and property

5.3 Change in Applicable Law

5.4 Payment

6. Payment to the Consultant

6.1 Cost estimates and Agreement Value

6.2 Currency of payment

6.3 Mode of billing and payment

7. Liquidated damages and penalties

7.1 Performance Security

7.2 Liquidated Damages

7.3 Penalty for deficiency in Services

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Agreement

9. Settlement of Disputes

9.1 Amicable settlement

9.2 Dispute resolution

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9.3 Conciliation

9.4 Arbitration

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ANNEXES

Annex 1: Terms of Reference

Annex 2: Deployment of Personnel
Annex 3: Estimate of Personnel Costs
Annex 4: Approved Sub-Consultant(s)
Annex 5: Cost of Services
Annex 6: Payment Schedule
Annex 7: Bank Guarantee for Performance Security
Annex 8: National Electronic Fund Transfer Form
Annex-9: Proforma of Integrity Pact
Annex-10: UNDERTAKING for Class I Local Supplier
Annex-11: EMD Declaration

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AGREEMENT

Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port
and Construction of ROB connecting Jaskar and Karal Village at JN Port

AGREEMENT No. ___________

This AGREEMENT (hereinafter called the “Agreement”) is made on the

__________ day of the month of ________ 2***, between, on the one hand,
the Board of Trustees of Jawaharlal Nehru Port (hereinafter called the
“Authority” which expression shall include their respective successors and
permitted assigns, unless the context otherwise requires) and, on the other
hand, (hereinafter called the “Consultant” which expression shall include their
respective successors and permitted assigns).
WHEREAS

The Authority vide its Request for Proposal for “Consultancy Services for
Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and Construction of ROB
connecting Jaskar and Karal Village at JN Port”

the Consultant submitted its proposals for the aforesaid work, whereby the
Consultant represented to the Authority that it had the required professional
skills, and in the said proposals the Consultant also agreed to provide the
Services to the Authority on the terms and conditions as set forth in the RFP
and this Agreement; and

the Authority, on acceptance of the aforesaid proposals of the Consultant,

awarded the Consultancy to the Consultant vide its Letter of Award dated
_________ “LOA”); and

in pursuance of the LOA, the parties have agreed to enter into this Agreement.

NOW, THEREFORE, the parties hereto hereby agree as follows:

GENERAL

1.1. Definitions and Interpretation

1.1.1. The words and expressions beginning with capital letters and defined in
this Agreement shall, unless the context otherwise requires, have the meaning
hereinafter respectively assigned to them:

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“Agreement” means this Agreement, together with all the Annexes;

“Agreement Value” shall have the meaning set forth in Clause 6.1.2;

“Applicable Laws” means the laws and any other instruments having the force
of law in India as they may be issued and in force from time to time;

“Confidential Information” shall have the meaning set forth in Clause 3.3;

“Conflict of Interest” shall have the meaning set forth in Clause 3.2 read with
the provisions of RFP;

“Dispute” shall have the meaning set forth in Clause 9.2.1;

“Effective Date” means the date on which this Agreement comes into force and
effect pursuant to Clause 2.1;

“Expatriate Personnel” means such persons who at the time of being so hired
had their domicile outside India;

“Government” means the Government of India ;

“INR, Re. or Rs.” means Indian Rupees;

“Member”, in case the Consultant consists of a joint venture or consortium of

more than one entity, means any of these entities, and “Members” means all
of these entities;

“Party” means the Authority or the Consultant, as the case may be, and Parties
means both of them;

“Personnel” means persons hired by the Consultant or by any Sub-Consultant

as employees and assigned to the performance of the Services or any part
thereof;

“Resident Personnel” means such persons who at the time of being so hired
had their domicile inside India;

“RFP” means the Request for Proposal document in response to which the
Consultant’s proposal for providing Services was accepted;

“Services” means the work to be performed by the Consultant pursuant to this

Agreement, as described in the Terms of Reference hereto;

“Sub-Consultant” means any entity to which the Consultant subcontracts any

part of the
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Services in accordance with the provisions of Clause 4.7;

“Third Party” means any person or entity other than the Government, the
Authority, the Consultant or a Sub-Consultant.

All terms and words not defined herein shall, unless the context otherwise
requires, have the meaning assigned to them in the RFP.

1.1.2. The following documents along with all addenda issued thereto shall be
deemed to form and be read and construed as integral parts of this Agreement
and in case of any contradiction between or among them the priority in which
a document would prevail over another would be as laid down below beginning
from the highest priority to the lowest priority:

Agreement;

Annexes of Agreement;

RFP; and

Letter of Award.

1.2. Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of

master and servant or of agent and principal as between the Authority and the
Consultant. The Consultant shall, subject to this Agreement, have complete
charge of Personnel performing the Services and shall be fully responsible for
the Services performed by them or on their behalf hereunder.

1.3. Rights and obligations

The mutual rights and obligations of the Authority and the Consultant shall be
as set forth in the Agreement, in particular:

the Consultant shall carry out the Services in accordance with the provisions
of the Agreement; and

the Authority shall make payments to the Consultant in accordance with the
provisions of the Agreement.

1.4. Governing law and jurisdiction

This Agreement shall be construed and interpreted in accordance with and

governed by the laws of India, and the courts at Mumbai shall have exclusive
jurisdiction over matters arising out of or relating to this Agreement.

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1.5. Language

All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way
relevant to this Agreement shall be in writing and in English language.

1.6. Table of contents and headings

The table of contents, headings or sub-headings in this Agreement are for

convenience of reference only and shall not be used in, and shall not affect,
the construction or interpretation of this Agreement.

1.7. Notices

Any notice or other communication to be given by any Party to the other Party
under or in connection with the matters contemplated by this Agreement shall
be in writing and shall:

in the case of the Consultant, be given by facsimile or e-mail and by letter

delivered by hand to the address given and marked for attention of the
Consultant’s Representative set out below in Clause 1.10 or to such other
person as the Consultant may from time to time designate by notice to the
Authority; provided that notices or other communications to be given to an
address outside ***** may, if they are subsequently confirmed by sending a
copy thereof by registered acknowledgement due, air mail or by courier, be
sent by facsimile or email to the number as the Consultant may from time to
time designate by notice to the Authority;

in the case of the Authority, be given by facsimile or e-mail and by letter

delivered by hand and be addressed to the Authority with a copy delivered to
the Authority Representative set out below in Clause 1.10 or to such other
person as the Authority may from time to time designate by notice to the
Consultant; provided that if the Consultant does not have an office in
Mumbai/Navi Mumbai it may send such notice by facsimile or e-mail and by
registered acknowledgement due, air mail or by courier; and

any notice or communication by a Party to the other Party, given in accordance

herewith, shall be deemed to have been delivered when in the normal course
of post it ought to have been delivered and in all other cases, it shall be deemed
to have been delivered on the actual date and time of delivery; provided that in
the case of facsimile or e-mail, it shall be deemed to have been delivered on
the working days following the date of its delivery.

1.8. Location

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The Services shall be performed at the site of the Project in accordance with
the provisions of RFP and at such locations as are incidental thereto, including
the offices of the Consultant.

1.9. Authority of Member-in-charge

In case the Consultant consists of a consortium of more than one entity, the
Parties agree that the Lead Member shall act on behalf of the Members in
exercising all the Consultant’s rights and obligations towards the Authority
under this Agreement, including without limitation the receiving of instructions
and payments from the Authority.

1.10. Authorised Representatives

1.10.1. Any action required or permitted to be taken, and any document

required or permitted to be executed, under this Agreement by the Authority or
the Consultant, as the case may be, may be taken or executed by the officials
specified in this Clause 1.10.

1.10.2. The Authority may, from time to time, designate one of its officials as
the Authority Representative. Unless otherwise notified, the Authority
Representative shall be:

Chief General Manager,

Port Planning and Development Department,
Jawaharlal Nehru Port Authority,
1st Floor, Administration Building,
Sheva, Navi Mumbai-400 707
Maharashtra
Cell No: +91-022-67814178
e-mail ADDRESS: [email protected]

1.10.3. The Consultant may designate one of its employees as Consultant’s

Representative. Unless otherwise notified, the Consultant’s Representative
shall be:

——————————————Tel: —————————Mobile: ——————

—
Fax: —————————Email: —————————

1.11. Taxes and duties

Unless otherwise specified in the Agreement, the Consultant shall pay all such
taxes, duties, fees and other impositions as may be levied under the Applicable
Laws and the Authority shall perform such duties in regard to the deduction of
such taxes as may be lawfully imposed on it.
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COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT

Effectiveness of Agreement
This Agreement shall come into force and effect on the date of this Agreement
(the “Effective Date”)

2.2. Commencement of Services

The Consultant shall commence the Services within a period of 7 (seven) days
from the Effective Date, unless otherwise agreed by the Parties.

2.3. Termination of Agreement for failure to commence Services

If the Consultant does not commence the Services within the period specified
in Clause 2.2 above, the Authority may, by not less than 2 (two) weeks’ notice
to the Consultant, declare this Agreement to be null and void, and in the event
of such a declaration, the Bid Security of the Consultant shall stand forfeited.

2.4. Expiration of Agreement

Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this

Agreement shall, unless extended by the Parties by mutual consent, expire
upon the expiry of 08 (Eight) months from the date of commercial operations
of the Project by the Concessionaire. Upon Termination, the Authority shall
make payments of all amounts due to the Consultant hereunder.

2.5. Entire Agreement

2.5.1. This Agreement and the Annexes together constitute a complete and
exclusive statement of the terms of the agreement between the Parties
on the subject hereof, and no amendment or modification hereto shall
be valid and effective unless such modification or amendment is agreed
to in writing by the Parties and duly executed by persons especially
empowered in this behalf by the respective Parties. All prior written or
oral understandings, offers or other communications of every kind
pertaining to this Agreement are abrogated and withdrawn; provided,
however, that the obligations of the Consultant arising out of the
provisions of the RFP shall continue to subsist and shall be deemed to
form part of this Agreement.

2.5.2. Without prejudice to the generality of the provisions of Clause 2.5.1, on

matters not covered by this Agreement, the provisions of RFP shall
apply.

2.6. Modification of Agreement

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Modification of the terms and conditions of this Agreement, including any

modification of the scope of the Services, may only be made by written
agreement between the Parties. Pursuant to Clauses 4.2.3 and 6.1.3 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

For the purposes of this Agreement, “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, epidemic/pandemic,
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.

Force Majeure shall not include (i) any event which is caused by the negligence
or intentional action of a Party or such Party’s Sub-Consultant or agents or
employees, nor (ii) any event which a diligent Party could reasonably have
been expected to both

(A) take into account at the time of the conclusion of this Agreement, and (B)
avoid or overcome in the carrying out of its obligations hereunder.

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

2.7.2. No breach of Agreement

The failure of a Party to fulfil any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Agreement 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 Agreement.

2.7.3. Measures to be taken

A Party affected by an event of Force Majeure shall take all reasonable

measures to remove such Party’s inability to fulfil its obligations hereunder with
a minimum of delay.

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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 14 (fourteen)
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.

The Parties shall take all reasonable measures to minimise the consequences
of any event of Force Majeure.

2.7.4. Extension of time

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

2.7.5. Payments

During the period of its inability to perform the Services as a result of an event
of Force Majeure, the Consultant shall be entitled to be reimbursed for
additional costs reasonably and necessarily incurred by it 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 30 (thirty) days after the Consultant has, as the result of an event
of Force Majeure, 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 of Agreement

The Authority may, by written notice of suspension to the Consultant, suspend

all payments to the Consultant hereunder if the Consultant shall be in breach
of this Agreement or shall fail to perform any of its obligations under this
Agreement, including the carrying out of the Services; provided that such
notice of suspension (i) shall specify the nature of the breach or failure, and (ii)
shall provide an opportunity to the Consultant to remedy such breach or failure
within a period not exceeding 30 (thirty) days after receipt by the Consultant of
such notice of suspension.

2.9. Termination of Agreement

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2.9.1. By the Authority

The Authority may, by not less than 30 (thirty) days’ written notice of
termination to the Consultant, such notice to be given after the occurrence of
any of the events specified in this Clause 2.9.1, terminate this Agreement if:

the Consultant fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of suspension
pursuant to Clause 2.8 hereinabove, within 30 (thirty) days of receipt of such
notice of suspension or within such further period as the Authority may have
subsequently granted in writing;

the Consultant becomes insolvent or bankrupt or enters into any agreement

with its creditors for relief of debt or take advantage of any law for the benefit
of debtors or goes into liquidation or receivership whether compulsory or
voluntary;

the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 9 hereof;

the Consultant submits to the Authority a statement which has a material effect
on the rights, obligations or interests of the Authority and which the Consultant
knows to be false;

any document, information, data or statement submitted by the Consultant in

its Proposals, based on which the Consultant was considered eligible or
successful, is found to be false, incorrect or misleading;

as the result of Force Majeure, the Consultant is unable to perform a material

portion of the Services for a period of not less than 60 (sixty) days; or

the Authority, in its sole discretion and for any reason whatsoever, decides to
terminate this Agreement.

2.9.2. By the Consultant

The Consultant may, by not less than 30 (thirty) days’ written notice to the
Authority, such notice to be given after the occurrence of any of the events
specified in this Clause 2.9.2, terminate this Agreement if:

the Authority fails to pay any money due to the Consultant pursuant to this
Agreement and not subject to dispute pursuant to Clause 9 hereof within 45
(forty-five) days after receiving written notice from the Consultant that such
payment is overdue;

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the Authority is in material breach of its obligations pursuant to this Agreement

and has not remedied the same within 45 (forty-five) days (or such longer
period as the Consultant may have subsequently granted in writing) following
the receipt by the Authority of the Consultant’s notice specifying such breach;
as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than 60 (sixty) days; or
the Authority fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 9 hereof.

2.9.3. Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or

upon expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or expiration, or
which expressly survive such Termination; (ii) the obligation of confidentiality
set forth in Clause 3.3 hereof; (iii) the Consultant’s obligation to permit
inspection, copying and auditing of such of its accounts and records set forth
in Clause 3.6, as relate to the Consultant’s Services provided under this
Agreement; and (iv) any right or remedy which a Party may have under this
Agreement or the Applicable Law.

2.9.4. Cessation of Services

Upon termination of this Agreement by notice of either Party to the other

pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Consultant 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 Consultant and equipment and
materials furnished by the Authority, the Consultant shall proceed as provided
respectively by Clauses 3.9 or 3.10 hereof.

2.9.5. Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof,

the Authority shall make the following payments to the Consultant (after
offsetting against these payments any amount that may be due from the
Consultant to the Authority):

remuneration pursuant to Clause 6 hereof for Services satisfactorily performed

prior to the date of termination;

reimbursable expenditures pursuant to Clause 6 hereof for expenditures

actually incurred prior to the date of termination; and

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except in the case of termination pursuant to sub-clauses (a) through (e) of

Clause 2.9.1 hereof, reimbursement of any reasonable cost incidental to the
prompt and orderly termination of the Agreement including the cost of the
return travel of the Consultant’s personnel.

2.9.6. Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.9.1 or in Clause

2.9.2 hereof has occurred, such Party may, within 30 (thirty) days after receipt
of notice of termination

from the other Party, refer the matter to arbitration pursuant to Clause 9 hereof,
and this Agreement shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.

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OBLIGATIONS OF THE CONSULTANT

General

3.1.1. Standards of Performance

The Consultant shall perform the Services and carry out its 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
Consultant shall always act, in respect of any matter relating to this Agreement
or to the Services, as a faithful adviser to the Authority, and shall at all times
support and safeguard the Authority’s legitimate interests in any dealings with
Sub-Consultants or Third Parties.

3.1.2. Terms of Reference

The scope of services to be performed by the Consultant is specified in

the Terms of Reference (the “TOR”) at Annex-1 of this Agreement. The
Consultant shall provide the Deliverables specified therein in conformity with
the time schedule stated therein.

3.1.3. Applicable Laws

The Consultant shall perform the Services in accordance with the

Applicable Laws and shall take all practicable steps to ensure that any Sub-
Consultant, as well as the Personnel and agents of the Consultant and any
Sub-Consultant, comply with the Applicable Laws.

3.2. Conflict of Interest

3.2.1. The Consultant shall not have a Conflict of Interest and any
breach hereof shall constitute a breach of the Agreement.

3.2.2. Consultant and Affiliates not to be otherwise interested in the

Project

The Consultant agrees that, during the term of this Agreement and after
its termination, the Consultant or any Associate thereof and any entity affiliated
with the Consultant, as well as any Sub-Consultant and any entity affiliated with
such Sub-Consultant, shall be disqualified from providing goods, works,
services, loans or equity for any project resulting from or closely related to the
Services and any breach of this obligation shall amount to a Conflict of Interest;
provided that the restriction herein shall not apply after a period of five years
from the completion of this assignment or to consulting assignments granted
by banks/ lenders at any time; provided further that this restriction shall not
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apply to consultancy/ advisory services provided to the Authority in

continuation of this Consultancy or to any subsequent consultancy/ advisory
services provided to the Authority in accordance with the rules of the Authority.
For the avoidance of doubt, an entity affiliated with the Consultant shall include
a partner in the Consultant’s firm or a person who holds more than 5% (five per
cent) of the subscribed and paid up share capital of the Consultant, as the case
may be, and any Associate thereof.

3.2.3. Prohibition of conflicting activities

Neither the Consultant nor its Sub-Consultant nor the Personnel of

either of them shall engage, either directly or indirectly, in any of the following
activities:

during the term of this Agreement, any business or professional

activities which would conflict with the activities assigned to them under this
Agreement;

after the termination of this Agreement, such other activities as may be

specified in the Agreement; or

at any time, such other activities as have been specified in the RFP as
Conflict of Interest.

3.2.4. Consultant not to benefit from commissions, discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall

constitute the Consultant’s sole remuneration in connection with this
Agreement or the Services and the Consultant shall not accept for its own
benefit any trade commission, discount or similar payment in connection with
activities pursuant to this Agreement or to the Services or in the discharge of
its obligations hereunder, and the Consultant shall use its best efforts to ensure
that any Sub-Consultant, as well as the Personnel and agents of either of them,
similarly shall not receive any such additional remuneration.

3.2.5. The Consultant and its Personnel shall observe the highest
standards of ethics and shall not have engaged in and shall not
hereafter engage in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice
(collectively the “Prohibited Practices”). Notwithstanding anything
to the contrary contained in this Agreement, the Authority shall
be entitled to terminate this Agreement forthwith by a
communication in writing to the Consultant, without being liable
in any manner whatsoever to the Consultant, if it determines that
the Consultant has, directly or indirectly or through an agent,
engaged in any Prohibited Practices in the Selection Process or

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before or after entering into of this Agreement. In such an event,

the Authority shall forfeit and appropriate the performance
security, if any, as mutually agreed genuine pre-estimated
compensation and damages payable to the Authority towards,
inter alia, the time, cost and effort of the Authority, without
prejudice to the Authority’s any other rights or remedy hereunder
or in law.

3.2.6. Without prejudice to the rights of the Authority under Clause 3.2.5
above and the other rights and remedies which the Authority may
have under this Agreement, if the Consultant is found by the
Authority to have directly or indirectly or through an agent,
engaged or indulged in any Prohibited Practices, during the
Selection Process or before or after the execution of this
Agreement, the Consultant shall not be eligible to participate in
any tender or RFP issued during a period of 2 (two) years from
the date the Consultant is found by the Authority to have directly
or indirectly or through an agent, engaged or indulged in any
Prohibited Practices.

3.2.7. For the purposes of Clauses 3.2.5 and 3.2.6, the following terms
shall have the meaning hereinafter respectively assigned to
them:

“corrupt practice” means the offering, giving, receiving or

soliciting, directly or indirectly, of anything of value to influence
the actions of any person connected with the Selection Process
(for removal of doubt, offering of employment or employing or
engaging in any manner whatsoever, directly or indirectly, any
official of the Authority who is or has been associated in any
manner, directly or indirectly with Selection Process or LOA or
dealing with matters concerning the Agreement before or after
the execution thereof, at any time prior to the expiry of one year
from the date such official resigns or retires from or otherwise
ceases to be in the service of the Authority, shall be deemed

to constitute influencing the actions of a person connected with

the Selection Process); or (ii) engaging in any manner
whatsoever, whether during the Selection Process or after the
issue of LOA or after the execution of the Agreement, as the case
may be, any person in respect of any matter relating to the
Project or the LOA or the Agreement, who at any time has been
or is a legal, financial or technical adviser the Authority in relation
to any matter concerning the Project;

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“fraudulent practice” means a misrepresentation or omission of

facts or suppression of facts or disclosure of incomplete facts, in
order to influence the Selection Process;

“coercive practice” means impairing or harming, or threatening to

impair or harm, directly or indirectly, any person or property to
influence any person’s participation or action in the Selection
Process or the exercise of its rights or performance of its
obligations by the Authority under this Agreement;

“undesirable practice” means (i) establishing contact with any

person connected with or employed or engaged by the Authority
with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the Selection Process; or
(ii) having a Conflict of Interest; and

“restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Applicants with the
objective of restricting or manipulating a full and fair competition
in the Selection Process.

3.3. Confidentiality

The Consultant, its Sub-Consultants and the Personnel of either

of them shall not, either during the term or within two years after
the expiration or termination of this Agreement disclose any
proprietary information, including information relating to reports,
data, drawings, design software or other material, whether
written or oral, in electronic or magnetic format, and the contents
thereof; and any reports, digests or summaries created or
derived from any of the foregoing that is provided by the Authority
to the Consultant, its Sub-Consultants and the Personnel; any
information provided by or relating to the Authority, its
technology, technical processes, business affairs or finances or
any information relating to the Authority’s employees, officers or
other professionals or suppliers, customers, or contractors of the
Authority; and any other information which the Consultant is
under an obligation to keep confidential in relation to the Project,
the Services or this Agreement (“Confidential Information”),
without the prior written consent of the Authority.
Notwithstanding the aforesaid, the Consultant, its Sub-
Consultants and the Personnel of either of them may disclose
Confidential Information to the extent that such Confidential
Information:

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was in the public domain prior to its delivery to the Consultant, its
Sub-Consultants and the Personnel of either of them or becomes
a part of the public knowledge from a source other than the
Consultant, its Sub-Consultants and the Personnel of either of
them; was obtained from a third party with no known duty to
maintain its confidentiality;

is required to be disclosed by Applicable Laws or judicial or

administrative or arbitral process or by any governmental
instrumentalities, provided that for any such disclosure, the
Consultant, its Sub-Consultants and the Personnel of either of
them shall give the Authority, prompt written notice, and use
reasonable efforts to ensure that such disclosure is accorded
confidential treatment; and is provided to the professional
advisers, agents, auditors or representatives of the Consultant or
its Sub-Consultants or Personnel of either of them, as is
reasonable under the circumstances; provided, however, that the
Consultant or its Sub-Consultants or Personnel of either of them,
as the case may be, shall require their professional advisers,
agents, auditors or its representatives, to undertake in writing to
keep such Confidential Information, confidential and shall use its
best efforts to ensure compliance with such undertaking.

3.4. Liability of the Consultant

3.4.1. The Consultant’s liability under this Agreement shall be

determined by the Applicable Laws and the provisions hereof.

3.4.2. Consultant’s liability towards the Authority

The Consultant shall, subject to the limitation specified in Clause

3.4.3, be liable to the Authority for any direct loss or damage
accrued or likely to accrue due to deficiency in Services rendered
by it.

3.4.3. The Parties hereto agree that in case of negligence or wilful

misconduct on the part of the Consultant or on the part of any
person or firm acting on behalf of the Consultant in carrying out
the Services, the Consultant, with respect to damage caused to
the Authority’s property, shall not be liable to the Authority for any
indirect or consequential loss or damage; and

for any direct loss or damage that exceeds (a) the Agreement
Value set forth in Clause 6.1.2 of this Agreement, or (b) the
proceeds the Consultant may be entitled to receive from any

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insurance maintained by the Consultant to cover such a liability

in accordance with Clause 3.5.2, whichever of (a) or (b) is higher.

3.4.4. This limitation of liability specified in Clause 3.4.3 shall not affect
the Consultant’s liability, if any, for damage to Third Parties
caused by the Consultant or any person or firm acting on behalf
of the Consultant in carrying out the Services subject, however,
to a limit equal to 3 (three) times the Agreement Value.

3.5. Insurance to be taken out by the Consultant

3.5.1. The Consultant shall, for the duration of this Agreement, take out
and maintain, and shall cause any Sub-Consultant to take out
and maintain, at its
(or the Sub-Consultant’s, as the case may be) own cost, but on
terms and conditions approved by the Authority, insurance
against the risks, and for the coverages, as specified in the
Agreement and in accordance with good industry practice.

Within 15 (fifteen) days of receiving any insurance policy

certificate in respect of insurances required to be obtained and
maintained under this clause, the Consultant shall furnish to the
Authority, copies of such policy certificates, copies of the
insurance policies and evidence that the insurance premium

have been paid in respect of such insurance. No insurance shall

be cancelled, modified or allowed to expire or lapse during the
term of this Agreement.

If the Consultant fails to effect and keep in force the aforesaid

insurances for which it is responsible pursuant hereto, the
Authority shall, apart from having other recourse available under
this Agreement, have the option, without prejudice to the
obligations of the Consultant, to take out the aforesaid insurance,
to keep in force any such insurances, and pay such premium and
recover the costs thereof from the Consultant, and the Consultant
shall be liable to pay such amounts on demand by the Authority.

Except in case of Third Party liabilities, the insurance policies so

procured shall mention the Authority as the beneficiary of the
Consultant and the Consultant shall procure an undertaking from
the insurance company to this effect; provided that in the event
the Consultant has a general insurance policy that covers the
risks specified in this Agreement and the amount of insurance
cover is equivalent to 3 (three) times the cover required
hereunder, such insurance policy may not mention the Authority

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as the sole beneficiary of the Consultant or require an

undertaking to that effect.

3.5.2. The Parties agree that the risks and coverage’s shall include but
not be limited to the following:

Third Party liability insurance as required under Applicable Laws,

with a minimum coverage of Rs. 4,00,00,000 (Rupees four
crore);

Employer’s liability and workers’ compensation insurance in

respect of the Personnel of the Consultant and of any Sub-
Consultant, in accordance with Applicable Laws; and

professional liability insurance for an amount no less than the

Agreement Value.

The indemnity limit in terms of “Any One Accident” (AOA) and

“Aggregate limit on the policy period” (AOP) should not be less
than the amount stated in Clause 6.1.2 of the Agreement. In case
of consortium, the policy should be in the name of Lead Member
and not in the name of individual Members of the consortium.

3.6. Accounting, inspection and auditing

The Consultant shall:

keep accurate and systematic accounts and records in respect of

the Services provided under this Agreement, 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 basis thereof (including the basis of the
Consultant’s costs and charges); and

permit the Authority or its designated representative periodically,

and up to one year from the expiration or termination of this
Agreement, to inspect the same and make copies thereof as well
as to have them audited by auditors appointed by the Authority.

3.7. Consultant’s actions requiring the Authority’s prior approval

The Consultant shall obtain the Authority’s prior approval in

writing before taking any of the following actions:

appointing such members of the Professional Personnel as are

not listed in Annex-2.
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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 Authority prior to the
execution of the subcontract, and (ii) that the Consultant shall
remain fully liable for the performance of the Services by the
SubConsultant and its Personnel pursuant to this Agreement; or

any other action that is specified in this Agreement.

3.8. Reporting obligations

The Consultant shall submit to the Authority the reports specified

in the Agreement, in the form, in the numbers and within the time
periods set forth therein.

3.9. Documents prepared by the Consultant to be property of the

Authority

3.9.1. All plans, drawings, specifications, designs, reports and other

documents (collectively referred to as “Consultancy Documents”)
prepared by the Consultant (or by the Sub-Consultants or any
Third Party) in performing the Services shall become and remain
the property of the Authority, and all intellectual property rights in
such Consultancy Documents shall vest with the Authority. Any
Consultancy Document, of which the ownership or the intellectual
property rights do not vest with the Authority under law, shall
automatically stand assigned to the Authority as and when such
Consultancy Document is created and the Consultant agrees to
execute all papers and to perform such other acts as the
Authority may deem necessary to secure its rights herein
assigned by the Consultant.

3.9.2. The Consultant shall, not later than termination or expiration of

this Agreement, deliver all Consultancy Documents to the
Authority, together with a detailed inventory thereof. The
Consultant may retain a copy of such Consultancy Documents.
The Consultant, its Sub-Consultants or a Third Party shall not use
these Consultancy Documents for purposes unrelated to this
Agreement without the prior written approval of the Authority.

3.9.3. The Consultant shall hold the Authority harmless and indemnified
for any losses, claims, damages, expenses (including all legal
expenses), awards, penalties or injuries (collectively referred to
as ‘claims’) which may arise from or due to any unauthorised use
of such Consultancy Documents, or due to any breach or failure
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on part of the Consultant or its Sub-Consultants or a Third Party

to perform any of its duties or obligations in relation to securing
the aforementioned rights of the Authority.

3.10. Equipment and materials furnished by the Authority

Equipment and materials made available to the Consultant by the

Authority shall be the property of the Authority and shall be
marked accordingly. Upon termination or expiration of this
Agreement, the Consultant shall furnish forthwith to the Authority,
an inventory of such equipment and materials and

shall dispose of such equipment and materials in accordance

with the instructions of the Authority. While in possession of such
equipment and materials, the Consultant shall, unless otherwise
instructed by the Authority in writing, insure them in an amount
equal to their full replacement value.

3.11. Providing access to Project Office and Personnel

The Consultant shall ensure that the Authority, and officials of the
Authority having authority from the Authority, are provided
unrestricted access to the Project Office and to all Personnel
during office hours. The Authority’s official, who has been
authorised by the Authority in this behalf, shall have the right to
inspect the Services in progress, interact with Personnel of the
Consultant and verify the records relating to the Services for his
satisfaction.

3.12. Accuracy of Documents

The Consultant shall be responsible for accuracy of the data

collected by it directly or procured from other
agencies/authorities, the designs, drawings, estimates and all
other details prepared by it as part of these services. Subject to
the provisions of Clause 3.4, it shall indemnify the Authority
against any inaccuracy in its work which might surface during
implementation of the Project, if such inaccuracy is the result of
any negligence or inadequate due diligence on part of the
Consultant or arises out of its failure to conform to good industry
practice. The Consultant shall also be responsible for promptly
correcting, at its own cost and risk, the drawings including any
re-survey / investigations.

4. CONSULTANT’S PERSONNEL AND SUB-CONSULTANTS

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4.1 General

The Consultant shall employ and provide such qualified and

experienced Personnel as may be required to carry out the
Services.

4.2 Deployment of Personnel

4.2.1. The designations, names and the estimated periods of

engagement in carrying out the Services by each of the
Consultant’s Personnel are described in Annex-2 of this
Agreement. The estimate of Personnel costs and man day rates
are specified in Annex-2 of this Agreement.

4.2.2. Adjustments with respect to the estimated periods of

engagement of
Personnel set forth in the aforementioned Annex-2 may be made
by the Consultant by written notice to the Authority.

4.2.3. If additional work is required beyond the scope of the Services

specified in the Terms of Reference, the estimated periods of
engagement of Personnel, set forth in the Annexures of the
Agreement may be increased by agreement in writing between
the Authority and the Consultant, provided that any such increase
shall not, except as otherwise agreed, cause payments under this
Agreement to exceed the Agreement Value set forth in Clause
6.2.

4.3 Approval of Personnel

4.3.1. The Professional Personnel listed in Annex-2 of the Agreement

are hereby approved by the Authority. No other Professional
Personnel shall be engaged without prior approval of the
Authority.

4.3.2. If the Consultant hereafter proposes to engage any person as

Professional Personnel, it shall submit to the Authority its
proposal along with a CV of such person in the form provided at
Appendix–I (Form-12) of the RFP. the Authority may approve or
reject such proposal within 14 (fourteen) days of receipt thereof.
In case the proposal is rejected, the Consultant may propose an
alternative person for the Authority’s consideration. In the event
the Authority does not reject a proposal within 14 (fourteen) days
of the date of receipt thereof under this Clause 4.3, it shall be
deemed to have been approved by the Authority.

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4.4 Substitution of Key Personnel

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 two Key
Personnel subject to equally or better qualified and experienced
personnel being provided to the satisfaction of the Authority.
Without prejudice to the foregoing, substitution of one Key
Personnel shall be permitted subject to reduction of remuneration
equal to 2% (two per cent) of the total remuneration specified for
the Key Personnel who is proposed to be substituted. In case of
a second substitution, such reduction shall be equal to 5% (five
per cent) of the total remuneration specified for the Key
Personnel who is proposed to be substituted.

4.5 Working hours, overtime, leave, etc.

The Personnel shall not be entitled to be paid for overtime nor to

take paid sick leave or vacation leave except as specified in the
Agreement, and the Consultant’s remuneration shall be deemed
to cover these items. All leave to be allowed to the Personnel is
excluded from the man-days of service set forth in Annex-2. Any
taking of leave by any Personnel for a period exceeding 7 (seven)
days shall be subject to the prior approval of the Authority, and
the Consultant shall ensure that any absence on leave will not
delay the progress and quality of the Services.

4.6 Resident Team Leader and Project Manager

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 as
Project Manager (the “Project Manager”) who shall be
responsible for day to day performance of the Services.

4.7 Sub-Consultants

Sub-Consultants listed in Annex-4 of this Agreement are hereby

approved by the Authority. The Consultant may, with prior written
approval of the Authority, engage additional Sub-Consultants or
substitute an existing Sub-Consultant. The hiring of Personnel by

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the Sub-Consultants shall be subject to the same conditions as

applicable to Personnel of the Consultant under this Clause 4.

5. OBLIGATIONS OF THE AUTHORITY

5.1 Assistance in clearances etc.

Unless otherwise specified in the Agreement, the Authority shall

make best efforts to ensure that the Government shall:

provide the Consultant, its Sub-Consultants and Personnel with

work permits and such other documents as may be necessary to
enable the Consultant, its Sub-Consultants or Personnel to
perform the Services;

facilitate prompt clearance through customs of any property

required for the Services; and

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.

5.2 Access to land and property

The Authority warrants that the Consultant shall have, free of

charge, unimpeded access to the site of the project in respect of
which access is required for the performance of Services;
provided that if such access shall not be made available to the
Consultant as and when so required, the Parties shall agree on
(i) the time extension, as may be appropriate, for the
performance of Services, and (ii) the additional payments, if any,
to be made to the Consultant as a result thereof pursuant to
Clause 6.1.3.

5.3 Change in Applicable Law

If, after the date of this Agreement, there is any change in the
Applicable Laws with respect to taxes and duties which increases
or decreases the cost or reimbursable expenses incurred by the
Consultant in performing the Services, by an amount exceeding
2% (two per cent) of the Agreement Value specified in Clause
6.2, then the remuneration and reimbursable expenses otherwise
payable to the Consultant under this Agreement shall be
increased or decreased accordingly by agreement between the
Parties hereto, and corresponding adjustments shall be made to
the aforesaid Agreement Value.

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5.4 Payment

In consideration of the Services performed by the Consultant

under this Agreement, the Authority shall make to the Consultant
such payments and in such manner as is provided in Clause 6 of
this Agreement.

6. PAYMENT TO THE CONSULTANT

6.1 Cost estimates

The employer shall pay the consultant for normal services in

accordance with the details stated in APPENDIX-II, form-2 of
financial proposal at the end of for the part of work completed.

6.2 Remuneration and reimbursable Expenditures

It is understood that the fee quoted by consultant at Appendix-II,

Form-2 covers for all and sundry. No extra payments, other than
the quoted at Appendix –II, Form – 2, or reimbursements shall be
made to the consultant by the employer except as provided in the
contract.

6.3 Currency of payment: All payments shall be made in Indian

Rupees. The Consultant shall be free to convert Rupees into any
foreign currency as per Applicable Laws.

6.4 (a)The Authority shall cause the payment due to the Consultant
to be made within 30 (thirty) days after the receipt by the Authority
of duly completed bills with necessary particulars (the “Due
Date”).

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 Consultant and approved as satisfactory
by the Authority. The Services shall be deemed completed and
finally accepted by the Authority and the final deliverable shall be
deemed approved by the Authority as satisfactory upon expiry of
90 (ninety) Schedule-2: Form of Agreement days after receipt of
the final deliverable by the Authority unless the Authority, within
such 90 (ninety) day period, gives written notice to the Consultant
specifying in detail, the deficiencies in the Services. The
Consultant shall thereupon promptly make any necessary
corrections and/or additions, and upon completion of such
corrections or additions, the foregoing process shall be repeated.

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The Authority shall make the final payment upon acceptance or

deemed acceptance of the final deliverable by the Authority.

Any amount which the Authority has paid or caused to be paid in

excess of the amounts actually payable in accordance with the
provisions of this Agreement shall be reimbursed by the
Consultant to the Authority within 30 (thirty) days after receipt by
the Consultant of notice thereof. Any such claim by the Authority
for reimbursement must be made within 1 (one) year after receipt
by the Authority of a final report in accordance with Clause 6.4
(b). Any delay by the Consultant in reimbursement by the due
date shall attract simple interest @ 10% (ten per cent) per
annum.

All payments under this Agreement shall be made to the account

of the Consultant as may be notified to the Authority by the
Consultant.

7. LIQUIDATED DAMAGES AND PENALTIES

7.1 Performance Security

7.1.1. The Authority shall retain by way of performance security (the

“Performance Security”), 5% (five per cent) of all the amounts
due and payable to the Consultant, to be appropriated against
breach of this Agreement or for recovery of liquidated damages
as specified in Clause 7.2 herein. The balance remaining out of
the Performance Security shall be returned to the Consultant at
the end of 3 (three) months after the expiration of this Agreement
pursuant to Clause 2.4 hereof.

7.1.2. The Consultant may, in lieu of retention of the amounts as

referred to in Clause 7.1.1 above, furnish a Bank Guarantee
substantially in the form specified at Annex-7 of this Agreement.

7.2 Liquidated Damages

7.2.1. Liquidated Damages for error/variation

In case any error or variation is detected in the reports submitted
by the Consultant and such error or variation is the result of
negligence or lack of due diligence on the part of the Consultant,
the consequential damages thereof shall be quantified by the
Authority in a reasonable manner and recovered from the
Consultant by way of deemed liquidated damages, subject to a
maximum of 5% (five per cent) of the Agreement Value.

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7.2.2. Liquidated Damages for delay

In case of delay in completion of Services, liquidated damages

not exceeding an amount equal to 0.2% (zero point two per cent)
of the Agreement Value per day, subject to a maximum of 5%
(five per cent) of the Agreement Value will be imposed and shall
be recovered by appropriation from the Performance Security or
otherwise. However, in case of delay due to reasons beyond the
control of the Consultant, suitable extension of time shall be
granted.

7.2.3. Encashment and appropriation of Performance Security

The Authority shall have the right to invoke and appropriate the
proceeds of the Performance Security, in whole or in part, without
notice to the Consultant in the event of breach of this Agreement
or for recovery of liquidated damages specified in this Clause 7.2.

7.3 Penalty for deficiency in Services

In addition to the liquidated damages not amounting to penalty,

as specified in Clause 7.2, warning may be issued to the
Consultant for minor deficiencies on its part. In the case of
significant deficiencies in Services causing adverse effect on the
Project or on the reputation of the Authority, other penal action
including debarring for a specified period may also be initiated as
per policy of the Authority.

8. FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each

other’s rights under this Agreement and to adopt all reasonable
measures to ensure the realisation of the objectives of this
Agreement.

8.2 Operation of the Agreement

The Parties recognise that it is impractical in this Agreement to

provide for every contingency which may arise during the life of
the Agreement, and the Parties hereby agree that it is their
intention that this Agreement shall operate fairly as between
them, and without detriment to the interest of either of them, and
that, if during the term of this Agreement either Party believes
that this Agreement is operating unfairly, the Parties will use their

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best efforts to agree on such action as may be necessary to

remove the cause or causes of such unfairness, but failure to
agree on any action pursuant to this Clause shall not give rise to
a dispute subject to arbitration in accordance with Clause 9
hereof.

9. SETTLEMENT OF DISPUTES

9.1 Amicable settlement

The Parties shall use their best efforts to settle amicably all
disputes arising out of or in connection with this Agreement or
the interpretation thereof.

9.2 Dispute resolution

9.2.1. Any dispute, difference or controversy of whatever nature

howsoever arising under or out of or in relation to this Agreement
(including its interpretation) between the Parties, and so notified
in writing by either Party to the other Party
(the “Dispute”) shall, in the first instance, be attempted to be
resolved amicably in accordance with the conciliation procedure
set forth in Clause 9.3.

9.2.2. The Parties agree to use their best efforts for resolving all
Disputes arising under or in respect of this Agreement promptly,
equitably and in good faith, and further agree to provide each
other with reasonable access during normal business hours to all
non-privileged records, information and data pertaining to any
Dispute.

9.3 Conciliation

In the event of any Dispute between the Parties, either Party may
call upon Chairman of Jawaharlal Nehru Port and the Chairman
of the Board of Directors of the Consultant or a substitute thereof
for amicable settlement, and upon such reference, the said
persons shall meet no later than 10 (ten) days from the date of
reference to discuss and attempt to amicably resolve the Dispute.
If such meeting does not take place within the 10 (ten) day period
or the Dispute is not amicably settled within 15 (fifteen) days of
the meeting or the Dispute is not resolved as evidenced by the
signing of written terms of settlement within 30 (thirty) days of the
notice in writing referred to in Clause 9.2.1 or such longer period
as may be mutually agreed by the Parties, either Party may refer

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the Dispute to arbitration in accordance with the provisions of

Clause 9.4.

9.4 Arbitration

9.4.1. Any Dispute which is not resolved amicably by conciliation, as

provided in Clause 9.3, shall be finally decided by reference to
arbitration by an Arbitral Tribunal appointed in accordance with
Clause 9.4.2. Such arbitration shall be held in accordance with
the Rules of Arbitration of the International Centre for Alternative
Dispute Resolution, New Delhi (the “Rules”), or such other rules
as may be mutually agreed by the Parties, and shall be subject
to the provisions of the Arbitration and Conciliation Act, 1996. The
venue of such arbitration shall be Mumbai and the language of
arbitration proceedings shall be English.

9.4.2. There shall be an Arbitral Tribunal of three arbitrators, of whom

each Party shall select one, and the third arbitrator shall be
appointed by the two arbitrators so selected, and in the event of
disagreement between the two arbitrators, the appointment shall
be made in accordance with the Rules.

9.4.3. The arbitrators shall make a reasoned award (the “Award”). Any
Award made in any arbitration held pursuant to this Clause 9 shall
be final and binding on the Parties as from the date it is made,
and the Consultant and the Authority agree and undertake to
carry out such Award without delay.

9.4.4. The Consultant and the Authority agree that an Award may be
enforced against the Consultant and/or the Authority, as the case
may be, and their respective assets wherever situated.

9.4.5. This Agreement and the rights and obligations of the Parties shall
remain in full force and effect, pending the Award in any
arbitration proceedings hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this

Agreement to be signed in their respective names as of the day
and year first above written.

9.5 In the event of any dispute or difference relating to the interpretation

and application of the provision of commercial contract(s) between
Central Public Sector Enterprise (CPSE)/ Port Trust inter se and
also between CPSE and Govt. Departments/ Organization
(Excluding dispute relating to railways, Income Tax, Customs and
Excise Dept) such dispute or difference shall be taken up by either

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party for its resolution through AMRCD as mentioned in DPE OM

No. 05/0003/2019-FTS-10937 dated 14th Dec 2022 and the
decision of AMRCD on the said dispute will be binding on both the
parties

Annex-1

Terms of Reference

(Refer Clause 3.1.2)

(Schedule-1 of RFP)

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Annex-2

Deployment of Personnel

(Refer Clause 4.2)

(Form-13 of Appendix-I)

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Annex-3
Estimate of Personnel Costs- Deleted

(Refer Clause 4.2)

(Reproduce as per Form-3 of Appendix-II)

To be submitted in Financial bid only. If submitted in Technical bid, bidder

will be disqualified in technical evaluation stage financial bid of such
bidder will not be opened.

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Annex-4

Approved Sub-Consultant(s)
(Refer Clause 4.7)

(Reproduce as per Form-15 of Appendix-I)

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Annex-5

Cost of Services

(Refer Clause 6.1)

(Reproduce as per Form-2 of Appendix-II)

To be submitted in Financial bid only. If submitted in Technical bid,

bidder will be disqualified in technical evaluation stage financial bid of
such bidder will not be opened.

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Annex-6
Payment Schedule

Stages of payment for the services are as under:

Assignment No.1 - Construction of Second Link Road to JN Port

Key Date Week

Description of Deliverables Payment
No. No.
Submission QAP & Inception Report
KD1 2 5%
Conducting Geotechnical Investigation
10 15 %
including Borehole in situ sample
collection as mentioned in ToR and
KD2 submission of Geotechnical
Investigation Report , Submission
topographic survey with proposed road
alignment
Submission of Utility Relocation plan and
KD3 14 10 %
Clearances report
Submission of draft DPR
KD4 16 10 %
Submission of DPR including detailed
KD5 22 20 %
engineering
Submission of Bidding document
KD6 26 10 %
Submission of EIA and EMP reports
KD7 26 10%
Application to CRZ, EC Clearance and
32 10 %
KD8 permission from Hon’ble Bombay High
Court
Receipt of CRZ, EC Clearance and
- 10%
KD9 permission from Hon’ble Bombay High
Court
Total 100 %

Assignment. No. 2- Construction of ROB connecting Jaskar and

Karal Village at JN Port

Key Date Week

Description of Deliverables Payment
No. No.
Submission QAP & Inception Report
KD1 1 5%
Submission of Feasibility Report
2 10 %
KD2 including Submission topographic
survey with proposed road alignment
Submission of Utility Relocation plan and
5 15 %
KD3 Clearances report including Conducting
Geotechnical Investigation including
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Borehole in situ sample collection as

mentioned in ToR and submission of
Geotechnical Investigation Report
Submission of draft DPR
KD4 8 10 %
Submission of DPR including detailed
KD5 11 20 %
engineering
Submission of Bidding document
KD6 13 10 %
Submission of EIA and EMP reports
KD7 13 10%
Application to CRZ, EC Clearance and
16 10 %
KD8 permission from Hon’ble Bombay High
Court
Receipt of CRZ, EC Clearance and
- 10%
KD9 permission from Hon’ble Bombay High
Court
Total 100 %

Payment will be release after acceptance of above submission by

Engineer-in-charge of the Assignment.

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Annex- 7
Bank Guarantee for Performance Security

(Refer Clause 7.1.2)

PERFORMA OF BANK GUARANTEE / PERFORMANCE GUARANTEE

Name of consultancy: Consultancy Services for Preparation of Detailed

Project Report and Detailed Engineering for Construction of Second
Link Road to JN Port and Construction of ROB connecting Jaskar and
Karal Village at JN Port

Tender No.: PPD/DGM-I/SL Road/T-16/2025 Dated- 21.04.2025.

1. In consideration of the Board of Trustees of the Jawaharlal Nehru Port
incorporated by the Major Port Trusts Act, 1963 now replaced by the Major Port
Authorities Act, 2021 (hereinafter called “The Employer” which expression shall
unless excluded by or repugnant to the context or meaning thereof be deemed
to include the Board of trustees of Jawaharlal Nehru Port, its successors and
assigns) has awarded the Contract for `subject work’ vide Chief General
Manager (PP&D)’s letter No. ---------------------, dated -------------- (hereinafter
called ‘the said Contract’) to ------------------------------ (Name of the Contractor)
(hereinafter called the ‘Contractor’). Under the terms and conditions of the
Contract, made between the Contractors and the Employer, the Contractor is
bound to submit a performance Guarantee of Rs. ------------ (Rupees -------------
------------- only) to Employer, we the --------------------------------------------------------
------------- (Name of the Bank and address) (hereinafter referred to as ‘the Bank’
at the request of the Contractors do hereby undertake to pay to the Employer
an amount not exceeding Rs. --------------- (Rupees ------------------------------------
----------------- only) for faithful performance of the entire contract.
2. We ----------------------------------------------------- bank undertakes that we are
scheduled/ Nationalized bank.
3. This Bank Guarantee is encashable at our -------------------------------------- ---
------------ branch in Mumbai/ Navi Mumbai.
4. We --------------- Bank do hereby guarantee and undertake to pay
immediately on first demand in writing and any/all moneys to the extent of ------
-------------(in words--------) without any demur, reservation, contest or protest
and/or without any reference to the Contractor. Any such demand made by

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Employer on the Bank by serving a written notice shall be conclusive and

binding, without any proof, on the Bank as regards the amount due and payable,
notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or
any other authority and/ or any other matter or things whatsoever, as liability
under these presents being absolute and unequivocal. We agree that the
guarantee herein contained shall be irrevocable. This guarantee shall not be
determined, discharged of affected by the liquidation, winding up, dissolution or
insolvency of the contractor and shall remain valid, binding and operative
against the Bank.

5. We, ----------------------------------------- (Name of the Bank) undertake to pay to

the Employer any money so demanded not withstanding any dispute or disputes
raised by the Contractor in any suit or proceeding before any court of Tribunal
relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the Contractor shall have no claim against
us for making such payment.

6. We, -------------------------------- further agree with the Employer that the

guarantee herein contained shall remain in full force and effect during the period
that will be taken for the performance of the said Contract and it shall continue
to be enforceable till all the dues of the Employer under or by virtue of the said
Contract have been fully paid and its claims satisfied or discharged or till the
Chief General Manager (PP&D) of the said Employer certified that the terms
and conditions of the said Contract have been fully and properly carried out by
the said Contractors and accordingly discharge this guarantee. Unless the
demand or claim under this guarantee is made on us in writing on or before the
----------------, we shall be discharged from all liabilities under this guarantee
thereafter. This Guarantee will remain in force from the date hereof, i.e. till ----
----- and unless a demand or suit or action to enforce any claim under the
guarantee is made within six months from the date of expiry of this guarantee,
i.e. on or before ------------------ all your rights under this guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities under this
guarantee thereafter PROVIDED HOWEVER that the Bank shall at the request
of the Employer but at the cost of the Contractors, renew or extend this
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guarantee for such further period of periods as the Employer may require from
time to time.

7. We, ------------------------------- Bank further agree with the Employer that

the Employer shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Contract or to extend the time of performance by the said
Contractors from time to time to postpone from any time or from time to time
any of the powers exercisable by the Employer against the said Contractors
and to forebear or enforce any of the terms and conditions relating to the said
Contract and we shall not be relieved from our liability by reason of any such
variation or extension being granted to the Contractors or for any forbearance,
act or omission on the part of the Employer or any indulgence shown by the
Employer on the part of the Employer or any indulgence shown by the Employer
on the part of the Employer or any indulgence shown by the Employer to the
Contractors or by any such matter or thing whatsoever which under the law
relating to sureties will but for this provision, have effect of so relieving us.

8. Employer shall have the unqualified option to operate this Bank

Guarantee to recover Liquidated Damages as leviable under the Contract.

9. This Guarantee will remain valid for the entire period as agreed, even
though there happens to be change in the constitution of the bank or that of the
Contractor.

10. It is also hereby agreed that the Courts in Greater Bombay shall have
exclusive jurisdiction in respect of claims, if any, under this Guarantee.

11.Shri/ Smt. -----------------------------------------------------(Name), ---------------- ----

--------------------------------- (Designation) is next higher officials/ Authority of
undersigned, who will be contacted in any emergency/ query in relation to this
Bank Guarantee at email ID____________________ and Phone
no._________________

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12. We, ----------------------------------- Bank lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the Employer
in writing.

Dated ---------------- day of ----------------20—

(Name with Designation)

Signature
Seal of the Bank

1 An amount shall be inserted by the Guarantor, representing the

percentage of the Contract Price specified in the Contract and
denominated in Indian Rupees.

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Annex- 8

National Electronic Fund Transfer (NEFT) Mandate Form

(Mandate for receiving payments through NEFT from Jawaharlal Nehru Port
Authority)

Sr.
To be Filled by
No. Details
Agency
1 Contractors / Suppliers / Vender Name
2 Contractors / Suppliers / Vender Code
3 Permanent Account Number (PAN)
4 Particulars of Bank Account
A Name of Bank
B Name of the Branch
C Branch Code
D Address
E City Name
F Telephone No.
G IIEFT IFSC Code
H 9 digit MICR code appearing on the Cheque book
I Type of account (10/11/13)
J Account No.
5 Contractors / Suppliers / Vendor
e-mail id
6 Date of effect
(Please enclose a photo copy of the cancelled cheque to enable us to verify
the details mentioned above)

We hereby declare that the particulars given above are complete if transaction
is delayed or loss because of incomplete information at above, the party will
not hold the Jawaharlal Nehru Port Authority responsible.

Authorized signatory with seal

Date:-

Place:-

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Annexure – 9

(This document shall be executed in 500/- non judicial stamp paper and shall
be reach JNPA up to due date of opening tender. corresponding address before
opening Technical bid as per date and time given in this Tender).

PROFORMA OF INTEGRITY PACT (in original)

BETWEEN

JAWAHARLAL NEHRU PORT AUTHORITY (JNPA) hereinafter referred to as

"The Principal"

AND

(Name of The bidders and consortium members).............................hereinafter

referred to as

"The Bidder(s)/Contractor(s)

Preamble

The Principal intends to award, under laid down organizational procedures,

contracts for.......................... The Principal values full compliance with all
relevant laws of the land, rules, regulations, economic use of resources, and of
fairness / transparency in its relations with its Bidders and / or contractor(s).

In order to achieve these goals, the Principal will appoint Independent External
Monitor(s) (IEMs) who will monitor the tender process and the execution of the
contract for compliance with the principles mentioned above.

Section 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 execution of a contract,
demand, take a promise for or accept, for him/herself or third
person, any material or immaterial benefit which he/she is not
legally entitled to.

(b) The Principal will, during the tender process treat all bidders with
equity and reasons. The principle will in particular, before and
during the tenders process, provide to all bidders the same
information and will not provide to any bidder confidential /
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additional information through which the bidders could obtain an

advantage in relation to the tender process or the contract
execution.

(c) The Principal will exclude from the process all known prejudicial
persons.

(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 if there be a
substantive suspicion in this regard, the Principal will inform the Vigilance
Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder(s) / Contractor (s)

(1) The Bidder(s) /Contractor(s) commits themselves to take all measures

necessary to prevent corruption. The Bidder(s) /Contractor(s) commits
themselves to observe the following principles during participation in the
tender process and during the contract execution.
a. The Bidder(s) /Contractor(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 of
advantage of any kind, whatsoever during the tender process or
during the execution of the contract.

b. The Bidder(s) /Contractor(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
of bids, or any other actions to restrict competitiveness, or to
introduce cartelization in the bidding process.

c. The Bidder(s) /Contractor(s) will not commit any offence, under

the relevant IPC / PC Act further the Bidder(s)/Contractor(s) will
not use improperly, for purposes of competition, 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) of foreign origin shall disclose the

name and address of the Agents / representative in India. If any,
similar the Bidder(s) / Contractor(s) of Indian Nationality shall
furnish the name and “Guidelines on Indian Agents of Foreign
Suppliers” shall be disclosed by the Bidder(s) / Contractor(s).
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Further, as mentioned in the Guidelines all the payment made to

the Indian agent / representative have to be in Indian Rupees
only. Copy of the “Guidelines on Indian Agent of Foreign
Suppliers” is placed at (page no.6-7)

e. The Bidder(s)/Contractor(s) will, when presenting their bid,

disclose any and all payments made, is committed to or intends
to make to agents, brokers or any other intermediaries, in
connection with the award of the contract.

f. The Bidder(s) / Contractor(s) who have signed the Integrity Pact

shall not approach the Courts while representing the matter to
IEMs and shall wait for their decision in the matter.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit

offences outlined above or be an accessory to such offences.

Section-3 Disqualification from the tender process and exclusion from

future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed

a transgression, through a violation of Section-2 above or in any other form,
such as to put their reliability or credibility in question, the principal is entitled to
disqualify the Bidder(s)/Contractor(s), from the tender process, or to take action
as per the procedure mentioned in the “Guideline on Banning of business
dealings”. Copy of the “Guideline on Banning of business dealings” is placed
at (page nos.8-17).

Section 4 – compensation for Damages.

(1) If the Principle has disqualified the Bidder(s)/Contractor(s) from the

tender process prior to the award according to Section 3, the Principle is
entitled to demand and recover the damages equivalent to Earnest
Money Deposit / Bid Security.
(2). If he Principal has terminated the contract according to Section 3, or if
the Principal is entitled to terminate the contract according to Section 3,
the Principal liquidated damages of the Contract value or the amount
equivalent to Performance Bank Guarantee.

Section 5 – Previous transgression.

(1) The Bidder declares that, no previous transgression has occurred in the
last three years, with any other company in any country conforming to
the anti-corruption approach or with any Public Sector Enterprises in
India that could justify his exclusion from the tender process.

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(2) If the Bidder makes incorrect statement on this subject, he can be

disqualified from the tender process or action can be taken as per the
procedure mentioned in “Guidelines on Banning of business dealings”.

Section-6 Equal treatment of all Bidders/Contractors/Subcontractors

(1) In the case of Sub-contracting, the Principal Contract shall take the
responsibility of the adoption of Integrity Pact by the Sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this
one which all Bidders and Contractors.

(3) The Principal will disqualify from the tender process all Bidders who do
not sign this Pact or violates its provisions.

Section-7 Criminal charges against violating Bidder(s) / Contractor(s) /

Sub contractor(s)

If the principal obtains knowledge of conduct of a Bidder, Contractor or

Subcontractor, or of an employee or a representative or an associate of a
Bidder, Contractor 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.

Section-8 External Independent Monitor

(1) The Principal appoints competent and credible Independent External

Monitor for this Pact after approval by Central Vigilance Commission.
The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under
this agreement.

(2) The Monitor is not subject to instructions by the representative of the

parties to the parties and performs his / her functions neutrally and
independently. The Monitor would have access to all Contract
documents, whenever required. It will be obligatory for him / her treat
the information and documents of the Bidders / Contractors as
confidential. He / she reports to the Chairman, JNPA.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to
access without restriction to all Project documentation of the Principal
including that provided by the Contractor. The contractor will also grant
the Monitor, upon his/her request and demonstration of a valid interest,
unrestricted and unconditional access to their project documentation.
The same is applicable to Sub-contractors.

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(4). The Monitor is under contractual obligations to treat the information and
documents of the Bidder(s) / Sub-contractor(s) with confidentiality. The
Monitor has also signed declarations on “Non-Disclosure of Confidential
information” and of “Absence of Conflict of Interest”. In case of any
conflict of interest arising at a later date, the IEM shall inform Chairman,
JNPA and recuse himself / herself from that case.

(5) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such
meetings could have an impact on the contractual relations between the
Principal and the Contract. The parties offer to the Monitor the option to
participate in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this

agreements, he / shall will so inform the Management of the Principal
and request the Management to discontinue or take corrective action, or
to take other relevant action. The monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has not right to
demand from the parties that they act in a specific manner, refrain from
action or tolerate action.

(7) The Monitor will submit a written report to the Chairman, JNPA which 8
to 10 weeks from the date of reference or intimation to him by the
Principal and, should the occasion arise, submit proposals for correcting
problematic situations.

(8) The Monitor has reported to the Chairman, JNPA, a substantiate

suspension of an offence under relevant IPC/PC Act, and the Chairman,
JNPA has not, within reasonable time taken visible action to proceed
against such offence or reported it to the Chief Vigilance Officer, the
Monitor may also transmit this information directly to the Central
Vigilance Commissioner.

(9) The word ‘Monitor’ would include both singular and plural.

Section-9 Pact Duration

This Pact begins when both parties have signed it. It expires for the Contractor
__________ MONTHS after the last payment under the contract and for all
other Bidders 6 months after the contract has been awarded. Any violation of
the same would entail disqualification of the bidders and exclusion from future
business dealings.

If any claim is made/lodged during this time, the same shall be binding and
continue be valid despite the lapse of this Pact, as specified above, unless it is
discharged/determined Chairman, JNPA.
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Section-10 Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and

jurisdiction is the Registered Office of the Principal, Mumbai.

(2) Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must

be signed by all partners or consortium members.

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

(5) Issues like Warranty / Guarantee etc. shall be outside the purview of
IEMs.

(6) In the event of any contradiction between the Integrity Pact and its
Annexure, the Clause in the Integrity Pact will prevail.

___________________________
_____________________________
(For & on behalf of the Principal) (For & on behalf of Bidder /
Contractor)
(Office seal) (Office seal)

Place:
Witness-1: .....................................
(Name and Address)

Witness-2: .....................................
(Name and Address)

Date: ____/_____/2025

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Annexure- 10

FORM-I

UNDERTAKING for Class I/II Local Supplier

(to be submitted on Company's Letterhead)

I ------------------------ , Son/ Daughter of ---------------------------- , do solemnly

affirm and state as under:

1. That I am the «Designation of the authorized signatory>>

of

-------------------------- and I am duly authorized to furnish this undertaking

declaration on behalf of-----------------------

2. That has submitted its bid against bidding document of Tender ref:

3. That the Company is fully aware of the provisions of Purchase

Preference (Linked with Local Content) (PP-LC) Policy.

4. We hereby confirm that our offer is achieving the minimum local content

target of >=50% as Class I Local Supplier as per PP-LC Policy.

5. I confirm that I am aware of the implication of the above undertaking and

our liability on account of wrong declaration.

(Authorized signatory of Bidder)

Note: This undertaking shall be certified by the authorized signatory of

the bidder, signing the bid.
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Annexure-11

Bank Guarantee proforma for Bid Security

WHEREAS,______________________[Name of Bidder] (hereinafter called

“the Bidder”) has submitted his bid dated__________________________[date]
for the construction of
__________________________________________________[name of
Contract] (hereinafter called “the Bid”).

KNOW ALL PEOPLE by these presents that We

________________________________ [name of bank] of
_____________________ (name of country) having our registered office at
____________________________ (hereinafter called “the Bank”) are bound
unto ___________________________________ [name of Employer]
(hereinafter called “the Employer”) in the sum of
_________________________ 1 for which payment well and truly to be made
to the said Employer the Bank binds itself, his successors and assigns by these
presents.

SEALED with the Common Seal of the said Bank this ______day of_________
20 ______

THE CONDITIONS of this obligations are:

(1) If after Bid opening the Bidder withdraws his Bid during the period of bid
validity specified in the Form of Bid;

or

(2) If the Bidder having been notified of the acceptance of his Bid by the
Employer during the period of bid validity:

(a) fails or refuses to execute the Form of Agreement in accordance

with the Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance

with the Instructions to Bidders, or

(c) does not accept the correction of the Bid Price pursuant to Clause
27;

We undertake to pay to the Employer up to the above amount upon receipt of

his first written demand, without the Employer having to substantiate his
demand, provided that in his demand the Employer will note that the amount
claimed by him is due to him owing to the occurrence of one or any of the three
conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date _________ 2
days after the deadline for submission of Bids as such deadline is stated in the
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Instructions to Bidders or as it may be extended by the Employer, notice of

which extension(s) to the Bank is hereby waived. Any demand in respect of this
Guarantee should reach the Bank not later than the above date.

Notwithstanding anything mentioned above,

Our liability against this guarantee is restricted to Rs ………………………
(Rupees ……………………………………. only) and unless a claim in writing is
lodged with us within 3 months of the date of expiry or the extended date of
expiry of this guarantee all our liabilities under this guarantee shall stand
discharges.

IN WITNESS WHEREOF this guarantee has been duly executed on this ………
day of …… 20 ……

DATE_______________ SIGNATURE OF THE BANK__________________

WITNESS______________________________SEAL___________________
_________

______________________________________________________________
_____

_________________________

[Signature, name and address]

_______________ _________ _________________ ____________________

________________ _____________

1 The Bidder should insert the amount of the guarantee in words and
figures denominated in Indian Rupees. This figure should be the same
as shown in Clause 16 of the Instructions to Bidders.

2 30 days after the end of the validity period of the Bid. Date should be
inserted by the Employer before the Bidding documents are issued.

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Annexure-12

Proforma for Insurance Surety Bond for Bid Security

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No.: Date:

To
Jawaharlal Nehru Port Authority,

Dear Sir,

In accordance with Invitation for Bids under your Bid Document No.........., M/s
(Supplier’s Name) having its Registered/Head Office at (address) (hereinafter
called the 'Supplier') wish to participate in the said bid for Consultancy
Services for Preparation of Detailed Project Report and Detailed
Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN Port
As an irrevocable Insurance Surety Bond against Bid Security for an amount of
............................(*).................................. valid for days from
.................................................
(**) required to be submitted by the Supplier as a condition precedent for
participation in the said bid which amount is liable to be forfeited on the
happening of any contingencies as mentioned under the Bidding Documents.

We, the (Name of the Insurer) having our Head Office at (address of the Insurer)
guarantee and undertake to pay immediately on demand by Jawaharlal Nehru
Port Authority (hereinafter called the 'Authority') the amount of ...........(*) ..........
without any reservation, protest, demand and recourse. Any such demand
made by the 'Authority' stating that the contractor has defaulted under the terms
and conditions of the contract shall be conclusive and binding on us irrespective
of any dispute or difference raised by the Supplier and/or any right/remedy
available to the supplier in terms thereof.

This Insurance Surety Bond shall be unconditional as well as irrevocable and

shall remain valid up to............................(@) If any further extension of this
Insurance.

Surety Bond is required, the same shall be extended to such required period
(not exceeding one year) on receiving instructions from M/s (Supplier's Name)
on whose behalf this Insurance Surety Bond is issued.

In witness where of the Insurer, through its authorised officer, has set its hand
and stamp on
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this ................ day of ............ 20.......... at .........

...............................................
(Signature)
.................................
(Name)
............................................... (Designation with Insurer Stamp) Authorised
Vide Power of Attorney PoA No........................ Date....................................

NOTE:

1. (*) The amount shall be as specified in the Price Bid. (**) This shall be the
last date of bid submission deadline. (@) This date shall be thirty (30) days after
the last date for which the bid is valid.

2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued
by Insurance Regulatory and Development Authority of India (IRDAI) as
amended from time to time.

3. The Authority shall be the Creditor, the Supplier shall be the Principal debtor
and the Insurance company/Insurer shall be the Surety in respect of the
Insurance Surety Bond to be issued by the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp

paper of appropriate value as per Stamp Act prevailing in the state(s) where the
Insurance Surety Bond is submitted or is to be acted upon or the rate prevailing
in State where the Insurance Surety Bond is executed, whichever is higher. The
Stamp Paper/e- stamp paper shall be purchased in the name of
Supplier/Insurer issuing the Insurance Surety Bond.

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Annexure-13

Format for Insurance Surety Bond towards Performance Security

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No.: Date:

Amount of Insurance Security Bond: Rs…………

Security Bond cover period from…….to….. upto claim period ……..

THIS INSURANCE SURETY BOND executed on………….. at …….. by

….(Name and Address of the Insurer) (hereinafter called “the Insurer”, which
expression shall unless it be repugnant to the subject or context thereof, include
its executors, successors administrators, and assigns;

IN FAVOUR OF
The Board of Trustees of the Jawaharlal Nehru Port Authority constituted under
the Major Port Authorities Act, 2021 (hereinafter called “the Employer” which
expression shall unless excluded by or repugnant to the context or meaning
thereof be deemed to include its successors, administrators, executors and
assigns;
WHEREAS ……. (Usual wordings used in case of Bank Guarantees)
WHEREAS……. – do
WHEREAS…… -do
In consideration of the Authority having awarded to M/s....................
[Contractor's Name]............................ with its Registered/Head Office at
............................ (Hereinafter referred to as the ‘Contractor’, which expression
shall unless repugnant to the context or meaning thereof, include its successors
administrators, executors and assigns), a Contract by issue of Authority’s Work
Order No................. dated……. and the same having been unequivocally
accepted by the Contractor, resulting into a Contract bearing No.............. dated
..........., valued at ................... for and the Contractor having agreed to provide
a Contract Performance Guarantee for the faithful performance of the entire
Contract equivalent to ..........(amount )..........% (percent) of the said value of
the Contract to the Authority.
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We ................[Name & Address of the Insurer] ........... having its Head Office at
......................... (hereinafter referred to as the ‘Insurer’ do hereby guarantee
and undertake to pay the Authority, on demand any and all amount payable by
the Contractor to the extent of ..................(*).................... as aforesaid at any
time up to ............................................... [days/month/year] without any
condition, demur, reservation, contest, recourse or protest and/or without any
reference to the Contractor. Any such demand made by the Authority on the
Insurer stating that the contractor has defaulted under the terms and conditions
of the contract shall be conclusive and binding notwithstanding any difference
between the Authority and the Contractor or any dispute pending before any
Court, Tribunal, Arbitrator or any other authority. The Insurer undertakes not to
revoke this Insurance Surety Bond during ts currency and or any period
extended under the contract, without prior consent of the Authority and further
agrees that the guarantee herein contained shall be enforceable till the
Employer discharges this guarantee.
The Employer shall have the fullest liberty, without affecting in any way the
liability of the Insurer under this Insurance Surety Bond, from time to time to
extend the performance of the Contract by the Contractor for the purpose of
which, the Insurer shall be liable to extend the validity of the present Insurance
Surety Bond without any demur, condition, protest and the Insurer shall at no
point in time have an option of revoking the same, The Employer shall have the
fullest liberty, without affecting this Insurance Surety Bond, to postpone from
time to time the exercise of any powers vested in them or of any right which
they might have against the Contractor, and to exercise the same at any time
in any manner, and either to enforce or to forbear to enforce any covenants,
contained or implied, in the Contract between the Employer and the Contractor
or any other course or remedy or security available to the Employer. The Insurer
shall not be released of its obligations under these presents by any exercise by
the Employer of its liberty with reference to the aforesaid or any of them or by
reason of any other act or forbearance or other acts of omission or commission
on the part of the Employer or any other indulgence shown by the Employer or
by any other matter or thing whatsoever which under law would, but for this
provision, have the effect of relieving the Insurer.

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The Insurer also agrees and undertakes that the Employer at its option shall be
entitled to enforce this Insurance Surety Bond against the Insurer as a Surety,
in the first instance without proceeding against the Contractor and
notwithstanding any security or other guarantee that the Employer may have in
relation to the Contractor’s liabilities.
This Surety Bond will not be discharged due to the change in the constitution of
the Insurer or the Contractor. It is also hereby agreed that only Courts at ____
in Maharashtra shall have exclusive jurisdiction in respect of all matters,
including any demands claims, under this Surety Bond.
Notwithstanding anything contained hereinabove:
(a) Our liability under this Insurance Surety Bond shall not exceed Rs….
(Rupees……. Only)
(b) This Insurance Security Bond shall remain in force upto and including
........................................... and encash able at ….(address of Insurer)….
(c) We are liable to pay the Surety Bond amount or any part thereof under this
Surety Bond only and only if you serve upon us a written claim or demand on
or before ……(3 months from validity date.)

IN WITNESS WHEREOF the Insurer has set its hands hereunto on the day,
month and year first hereinabove written. Dated this ............................. day of
.................... 20.................. at...........................................

WITNESS:
1. ................................................... .
......................................................... .

(Signature) (Signature)
.................................................... ......................................................... .
(Name) (Name)
.................................................... ......................................................... .
(Official Address) (Designation with Insurer Stamp)
Authorised Vide Power of Attorney
No.......................................Date.................................................

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2. ....................................................
(Signature) ....................................................

(Name) ....................................................
(Official Address)

Notes: 1. The Insurance Surety Bond shall be from an Insurer as per guidelines
issued by Insurance Regulatory and Development Authority of India
(IRDAI).
2.The Insurance Surety Bond should be on Non-Judicial stamp paper/e-
stamp paper of appropriate value as per Stamp Act prevailing in the
state(s) where the Insurance Surety Bond is submitted or is to be acted
upon or the rate prevailing in State where the Insurance Surety Bond is
executed, whichever is higher

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SCHEDULE-3

(See Clause 2.3.3)

Guidance Note on Conflict of Interest

This Note further explains and illustrates the provisions of Clause 2.3 of the
RFP and shall be read together therewith in dealing with specific cases.

Consultants should be deemed to be in a conflict of interest situation if it can

be reasonably concluded that their position in a business or their personal
interest could improperly influence their judgment in the exercise of their
duties. The process for selection of consultants should avoid both actual and
perceived conflict of interest.

Conflict of interest may arise between the Authority and a consultant or

between consultants and present or future concessionaries/ contractors.
Some of the situations that would involve conflict of interest are identified
below:

Authority and consultants:

Potential consultant should not be privy to information from the Authority which
is not available to others; or

potential consultant should not have defined the project when earlier working
for the Authority; or

Potential consultant should not have recently worked for the Authority
overseeing the project.

Consultants and concessionaires/contractors:

No consultant should have an ownership interest or a continuing business

interest or an ongoing relationship with a potential concessionaire/ contractor
save and except relationships restricted to project-specific and short-term
assignments; or

no consultant should be involved in owning or operating entities resulting from

the project; or

no consultant should bid for works arising from the project.

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The participation of companies that may be involved as investors or

consumers and officials of the Authority who have current or recent
connections to the companies involved, therefore, needs to be avoided.

The normal way to identify conflicts of interest is through self-declaration by

consultants. Where a conflict exists, which has not been declared, competing
companies are likely to bring this to the notice of the Authority. All conflicts
must be declared as and when the consultants become aware of them.

Another approach towards avoiding a conflict of interest is through the use of

“Chinese walls” to avoid the flow of commercially sensitive information from
one part of the consultant’s company to another. This could help overcome
the problem of availability of limited numbers of experts for the project.
However, in reality effective operation of “Chinese walls” may be a difficult
proposition. As a general rule, larger companies will be more capable of
adopting Chinese walls approach than smaller companies. Although,
“Chinese walls” have been relatively common for many years, they are an
increasingly discredited means of avoiding conflicts of interest and should be
considered with caution. As a rule, “Chinese walls” should be considered as
unacceptable and may be accepted only in exceptional cases upon full
disclosure by a consultant coupled with provision of safeguards to the
satisfaction of the Authority.

Another way to avoid conflicts of interest is through the appropriate grouping

of tasks. For example, conflicts may arise if consultants drawing up the terms
of reference or the proposed documentation are also eligible for the
consequent assignment or project.

Another form of conflict of interest called “scope–creep” arises when

consultants advocate either an unnecessary broadening of the terms of
reference or make recommendations which are not in the best interests of the
Authority but which will generate further work for the consultants. Some forms
of contractual arrangements are more likely to lead to scope-creep. For
example, lump-sum contracts provide fewer incentives for this, while time and
material contracts provide built in incentives for consultants to extend the
length of their assignment.

Every project contains potential conflicts of interest. Consultants should not

only avoid any conflict of interest, they should report any present/ potential
conflict of interest to the Authority at the earliest. Officials of the Authority
involved in development of a project shall be responsible for identifying and
resolving any conflicts of interest. It should be ensured that safeguards are in
place to preserve fair and open competition and measures should be taken to
eliminate any conflict of interest arising at any stage in the process. ***********

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APPENDIX-I
(See Clause 2.1.3)

TECHNICAL PROPOSAL

Form-1

Letter of Proposal
(On Applicant’s letter head)

(Date and Reference)

To,

........................
......................
.....................

Subject: - Consultancy Services for Preparation of Detailed Project Report

and Detailed Engineering for Construction of Second Link Road to JN Port
and Construction of ROB connecting Jaskar and Karal Village at JN Port

DEAR SIR,

With reference to your RFP Document dated ………….., I/we, having examined
all relevant documents and understood their contents, hereby submit our
Proposal for selection as Consultant for the …………………… Project. The
proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices is true and
correct and all documents accompanying such Proposal are true copies of
their respective originals.

3. This statement is made for the express purpose of appointment as the

Consultant for the aforesaid Project.

4. I/We shall make available to the Authority any additional information it may
deem necessary or require for supplementing or authenticating the
Proposal.

5. I/We acknowledge the right of the Authority to reject our application without
assigning any reason or otherwise and hereby waive our right to challenge
the same on any account whatsoever.

6. I/We certify that in the last three years, we or any of our Associates have
neither failed to perform on any contract, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award against the Applicant, nor been expelled from any project

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or contract by any public authority nor have had any contract terminated
by any public authority for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP

Documents, including any Addendum issued by the Authority;

(b) I/We do not have any Conflict of Interest in accordance with

Clause 2.3 of the RFP Document;

(c) I/We have not directly or indirectly or through an agent engaged

or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice, as defined in
Clause 4.3 of the RFP document, in respect of any tender or
request for proposal issued by or any agreement entered into with
the Authority or any other public sector enterprise or any
government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that in
conformity with the provisions of Section 4 of the RFP, no person
acting for us or on our behalf will engage in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or
restrictive practice.

8. I/We understand that you may cancel the Selection Process at any time
and that you are neither bound to accept any Proposal that you may
receive nor to select the Consultant, without incurring any liability to the
Applicants in accordance with Clause 2.8 of the RFP document.

9. I/We declare that we/any member of the consortium, are/is not a Member
of a/any other Consortium applying for Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of
the country, we or any of our Associates have not been convicted by a
Court of Law or indicted or adverse orders passed by a regulatory
authority which would cast a doubt on our ability to undertake the
Consultancy for the Project or which relates to a grave offence that
outrages the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and
integrity of the country, we have not been charge-sheeted by any agency
of the Government or convicted by a Court of Law for any offence
committed by us or by any of our Associates.

12. I/We further certify that no investigation by a regulatory authority is

pending either against us or against our Associates or against our CEO
or any of our Directors/Managers/employees.

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13. I/We hereby irrevocably waive any right or remedy which we may have
at any stage at law or howsoever otherwise arising to challenge or
question any decision taken by the Authority [and/ or the Government of
India] in connection with the selection of Consultant or in connection with
the Selection Process itself in respect of the above mentioned Project.

14. The Bid Security of Rs. ................... (Rupees ........................................)

in the form of a Demand Draft is attached, in accordance with the RFP
document.

15. I/We agree and understand that the proposal is subject to the provisions
of the RFP document. In no case, shall I/we have any claim or right of
whatsoever nature if the Consultancy for the Project is not awarded to
me/us or our proposal is not opened or rejected.

16. I/We agree to keep this offer valid for 120 (One Hundred and Twenty)
days from the Proposal Due Date specified in the RFP.

17. A Power of Attorney in favour of the authorised signatory to sign and

submit this Proposal and documents is attached herewith in Form-4.

18. In the event of my/our firm/ consortium being selected as the Consultant,
I/we agree to enter into an Agreement in accordance with the form at
Schedule–2 of the RFP. We agree not to seek any changes in the
aforesaid form and agree to abide by the same.

19. I/We have studied RFP and all other documents carefully and also
surveyed the Project site. We understand that except to the extent as
expressly set forth in the Agreement, we shall have no claim, right or title
arising out of any documents or information provided to us by the
Authority or in respect of any matter arising out of or concerning or
relating to the Selection Process including the award of Consultancy.

20. The Financial Proposal is being submitted in a separate cover. This

Technical Proposal read with the Financial Proposal shall constitute the
Application which shall be binding on us.

21 I/We agree and undertake to abide by all the terms and conditions of the
RFP Document. In witness thereof, I/we submit this Proposal under and
in accordance with the terms of the RFP Document.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

(Name and seal of the Applicant / Lead Member)

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Form-2

Particulars of the Applicant

1.1 Title of Consultancy:

Consultancy Services for Preparation of Detailed Project
Report and Detailed Engineering for Construction of Second
Link Road to JN Port and Construction of ROB connecting
Jaskar and Karal Village at JN Port

1.2 Title of Project

1. Construction of Second Link Road to JN Port and
2. Construction of ROB connecting Jaskar and Karal Village
at JN Port

1.3 State whether applying as Sole Firm or Lead Member of a

consortium:
Sole Firm
or
Lead Member of a consortium

1.4 State the following:

Name of Company or Firm:
Legal status (e.g. incorporated private company, unincorporated
business, partnership etc.):
Country of incorporation:
Registered address:

Year of Incorporation:
Year of commencement of business:
Principal place of business:
Brief description of the Company including details of its main lines
of business
Name, designation, address and phone numbers of authorised
signatory of the Applicant:
Name:
Designation:
Company:
Address:
Phone No.:
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E-mail address:
1.5 If the Applicant is Lead Member of a consortium, state the following
for each of the other Member Firms:
(i) Name of Firm:
(ii) Legal Status and country of incorporation
(iii) Registered address and principal place of business.

1.6 For the Applicant, (in case of a consortium, for each Member), state
the following information:
(i) In case of non Indian Firm, does the Firm have business
presence in India?
Yes/No
If so, provide the office address(es) in India.

(ii) Has the Applicant or any of the Members in case of a consortium

been penalized by any organization for poor quality of work or
breach of contract in the last five years?
Yes/No
(iii) Has the Applicant/ Member ever failed to complete any work
awarded to it by any public authority/ entity in last five years?
Yes/No
(iv) Has the Applicant or any member of the consortium been
blacklisted by any Government department/Public Sector
Undertaking in the last five years?
Yes/No
(v) Has the Applicant or any of the Members, in case of a
consortium, suffered bankruptcy/insolvency in the last five
years?
Yes/No
Note: If answer to any of the questions at (ii) to (v) is yes, the
Applicant is not eligible for this consultancy assignment.
1.7 Does the Applicant’s firm/company (or any member of the
consortium) combine functions as a consultant or adviser along with
the functions as a contractor and/or a manufacturer?
Yes/No
If yes, does the Applicant (and other Member of the Applicant’s
consortium) agree to limit the Applicant’s role only to that of a
consultant/ adviser to the Authority and to disqualify themselves,
their Associates/ affiliates, subsidiaries and/or parent organization
subsequently from work on this Project in any other capacity?
Yes/No
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1.8 Does the Applicant intend to borrow or hire temporarily, personnel

from contractors, manufacturers or suppliers for performance of the
Consulting Services?
Yes/No
If yes, does the Applicant agree that it will only be acceptable as
Consultant, if those contractors, manufacturers and suppliers
disqualify themselves from subsequent execution of work on this
Project (including tendering relating to any goods or services for any
other part of the Project) other than that of the Consultant?
Yes/No
If yes, have any undertakings been obtained (and annexed) from
such contractors, manufacturers, etc. that they agree to disqualify
themselves from subsequent execution of work on this Project and
they agree to limit their role to that of consultant/ adviser for the
Authority only?
Yes/No

(Signature, name and designation of the authorised signatory)

For and on behalf of ………………..

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APPENDIX-I

Form-3

Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

Ref. Date:

To,
.....................
....................
....................

Dear Sir,

Subject: Consultancy Services for Preparation of Detailed Project Report

and Detailed Engineering for Construction of Second Link Road to JN Port
and Construction of ROB connecting Jaskar and Karal Village at JN Port

I/WE HEREBY CONFIRM THAT WE, THE APPLICANT (ALONG WITH OTHER
MEMBERS IN CASE OF CONSORTIUM, THE CONSTITUTION OF WHICH HAS
BEEN DESCRIBED IN THE PROPOSAL), SATISFY THE TERMS AND
CONDITIONS LAID DOWN IN THE RFP DOCUMENT.

I/We have agreed that ……………….. (insert Applicant’s name) will act as the
Lead Member of our consortium.

I/We have agreed that ……………….. (insert individual’s name) will act as our
Authorised Representative/ will act as the Authorised Representative of the
consortium on our behalf and has been duly authorized to submit our Proposal.
Further, the authorised signatory is vested with requisite powers to furnish such
proposal and all other documents, information or communication and
authenticate the same.
Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of ..............................................

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APPENDIX-I:
Form- 4
Power of Attorney

FORMAT OF POWER OF ATTORNEY (in original)

(On 500 Rs. Stamp Paper)

In favour of signatory/s to the Tender, duly authenticated by Notary Public.

POWER OF ATTORNEY IN FAVOUR OF -----------------------------------------

(Name, Designation, Company name)

TO ALL TO WHOM THESE PRESENTS shall come, I, (Name & address of the
authorized person to sub-delegate/delegate powers, delegated on him by the
Board of Directors) do hereby sub-delegate/delegate, in terms of the powers
delegated to me by the Board of Directors, -------------(name of the Co.) to Shri
------------ (name, designation & address of the Attorney) the following:

NOW KNOW YE AND THOSE PRESENTS that I, (Name & address of the
authorized person to sub-delegate/delegate powers, delegated on him by the
Board of Directors), do hereby authorize and empower Shri ----------- (name,
designation & address of the Attorney) to do severally amongst others, for the
purpose of carrying on our business, the following:

a) To represent lawfully the (name of the Co.) for obtaining bid/tender

documents, prepare, sign, execute and submit tenders for
execution of ------------------- at Jawaharlal Nehru Port or any other
works incidental to such construction works.

b) To discuss the technical and financial matters, negotiate and accept

prices and take decisions regarding terms and conditions and sign
agreements and contracts and also to bind the (name of the Co.)
to the arbitration clause included in the contract.

c) For all or any of the purposes here of to sign and deliver or otherwise
execute such deed or deeds, transfer or transfers, endorsement
or endorsements and to perform such other acts, matters, things
as the Attorney shall consider requisite or advisable as full and
effectively as the Company could do, if present and acting there.

I, (Name & address of the authorized person to sub-delegate/delegate

powers, delegated on him by the Board of Directors) in terms of the powers
delegated to me by the Board of Directors of (name of the Co.), do hereby agree
that all acts, deeds and things done by the said Attorney by virtue of this power
of attorney, shall be construed as acts, deeds and things done by the Company.

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I, (Name & address of the authorized person to sub-delegate/delegate powers,

delegated on him by the Board of Directors), further undertake to ratify and
confirm whatever our said attorney shall do or cause to be done for the
Company, the said Company, in the premises, by virtue of the powers hereby
given.

WHEREAS, this sub-delegation is signed and delivered to Shri -----------

- (name & designation of the Attorney), on this _______ day of
______________, 20____ (Two thousand __________).

WHEREAS, even though this sub-delegation is signed on this ______ day of

__________ 20______ (Two thousand __________), will have effect from the
date he signs and receives this delegation.

IN WITNESS WHEREOF, I, (Name & address of the authorized person to sub-

delegate/delegate powers, delegated on him by the Board of Directors) has,
this ______ day of ______ 20_____ (Two thousand ___________) set my
hands and subscribed my signature unto this instrument.

SIGNED AND DELIVERED ON

______________________ BY

(Name of authorized person to delegate powers)

WITNESS:

SIGNED AND RECEIVED ON

_____________________ BY

(Name & designation of Attorney)

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APPENDIX-I

Form-5

Financial Capacity of the Applicant

(Refer Clause 2.2.2 (B))

Sr.
Financial Year Professional fee received in INR
No.
1. 2023-24
2. 2022-23
3. 2021-22

Certificate from the Statutory Auditor$

This is to certify that .................... (name of the Applicant) has turnover

shown above against the respective years on account of professional
fees.

Name of the audit firm:

Seal of the audit firm

UDIN No (Compulsory):-

Date:

(Signature, name and designation of the authorised signatory)

$ In case the Applicant does not have a statutory auditor, it shall provide the
certificate from its chartered accountant that ordinarily audits the annual
accounts of the Applicant.

Note: Please do not attach any printed Annual Financial Statement.

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APPENDIX-I

Form-6

Particulars of Key Personnel

Sr. Designation of Name Educational Post Present Employment No. of

No. Key Personnel Qualification Qualification Eligible
Experience Name of Firm Employe Assignment
d Since s$
(1) (2) (3) (4) (5) (6) (7) (8)
1 Team Leader
Highway
Engineer
2
/Pavement
Engineer
Geo Technical
3
Expert
Bridge Design
4
Engineer
5 Financial Expert
Environmental
6
Expert
$Refer Form 9 of Appendix I Experience of Key Personnel

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APPENDIX-I

Form-7

Proposed Methodology and Work Plan

The proposed methodology and work plan shall be described as follows:

1. Understanding of TOR (not more than two pages)

The Applicant shall clearly state its understanding of the TOR and also
highlight its important aspects. The Applicant may supplement various
requirements of the TOR and also make precise suggestions if it
considers this would bring more clarity and assist in achieving the
Objectives laid down in the TOR.

2. Methodology and Work Plan (not more than three pages)

The Applicant will submit its methodology for carrying out this
assignment, outlining its approach toward achieving the Objectives laid
down in the TOR. The Applicant will submit a brief write up on its
proposed team and organisation of personnel explaining how different
areas of expertise needed for this assignment have been fully covered
by its proposal. In case the Applicant is a consortium, it should specify
how the expertise of each firm is proposed to be utilised for this
assignment. The Applicant should specify the sequence and locations
of important activities, and provide a quality assurance plan for carrying
out the Consultancy Services.

Note: Marks will be deducted for writing lengthy and out of context responses.

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APPENDIX-I

Form-8

Abstract of Eligible Assignments of the Applicant

(Refer Clause 3.1.4)

Sr. Name of Project Name of Client Estimated Payment$$ of

No capital cost professional
of Project (in fees
Rs. Crore/ received by
US$ million) the Applicant
(in Rs.
Crore)
(1) £ (2) (3) (4) (5)
1

$ The Applicant should provide details of only those projects that have been
undertaken by it under its own name.
$$ Exchange rate for conversion of US $ shall be as per Clause 1.7.1.
£ The names and chronology of Eligible Projects included here should

conform to the project-wise details submitted in Form-10 of Appendix-I.

Certificate from the Statutory Auditor$

This is to certify that the information contained in Column 5 above is

correct as per the accounts of the Applicant and/ or the clients.

Name of the audit firm:

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Seal of the audit firm

Date:

(Signature, name and designation of the authorised signatory)

$ In case the Applicant does not have a statutory auditor, it shall provide the

certificate from its chartered accountant that ordinarily audits the annual

accounts of the Applicant.

Note: The Applicant may attach separate sheets to provide brief particulars

of other relevant experience of the Applicant.

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APPENDIX-I

Form-9

Abstract of Eligible Assignments of Key Personnel$

(Refer Clause 3.1.4)

Name of Key Personnel: Designation:

Sr. Name of Project$ Name of Client Estimated Name of firm Designation Date of Man
No capital cost of for which the of the Key completion of days
project (in Rs. Key Personnel on the assignment spent
Cr./ US$ million) Personnel the
worked assignment
(1) (2) (3) (4) (5) (6) (7) (8)
1
2
3
4
5
6
7
8
9
10
$ Use separate Form for each Key Personnel.
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$$ The names and chronology of projects included here should conform to the project-wise details submitted in Form-11 of Appendix-
I.
Note: The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Key Personnel.

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APPENDIX-I

Form-10

Eligible Assignments of Applicant

(Refer Clause 3.1.4)

1. Name of Applicant:
2. Name of the Project:
3. Length in km or other particulars
4. Description of services performed
by the Applicant Firm:
5. Name of client and Address:
(indicate whether public or
private)
6. Name and telephone no. of
client’s representative:
7. Estimated capital cost of the
Project (in Rs crore or US$
million):
8. Payment received by the
Applicant (in Rs. Crore):

9. Start date of the services (month/

year):

10. Finish date of the services (month/

year):
11. Brief description of the Project:

It is certified that the aforesaid information is true and correct to the best
of my knowledge and belief.
(Signature and name of Applicant)

Notes:

1. Use separate sheet for each Eligible Project.

2. The Applicant may attach separate sheets to provide brief particulars of

other relevant experience of the Applicant.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering
for Construction of Second Link Road to JN Port and construction of ROB connecting
Jaskar and Karal village at jn port

3. Exchange rate for conversion of US $ shall be as per Clause 1.7.1.

APPENDIX-I
Form-11

Eligible Assignments of Key Personnel

(Refer Clause 3.1.4)

1. Name of Key Personnel:

2. Designation of Key Personnel:
3. Name of the Project:
4. Length in km or other particulars
5. Name of Consulting Firm where
employed:
6. Description of services performed by the
Key Personnel (including designation):
7. Name of client and Address:
(indicate whether public or private)
8. Name and telephone no. of client’s
representative:
9. Estimated capital cost of the Project (in
Rs. Crore or US$ million):
10. Start date of the services (month/ year):
11. Finish date of the services (month/ year):
12. Brief description of the Project:

It is certified that the aforesaid information is true and correct to the best
of my knowledge and belief.

(Signature and name of Applicant)

(Signature and name of Key Personnel)

Notes:

1. Use separate sheet for each Eligible Project.

2. The Applicant may attach separate sheets to provide brief particulars of

other relevant experience of the Key Personnel.

173
Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering
for Construction of Second Link Road to JN Port and construction of ROB connecting
Jaskar and Karal village at jn port

3. Exchange rate for conversion of US $ shall be as per Clause 1.7.1.

174
Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering
for Construction of Second Link Road to JN Port and construction of ROB connecting
Jaskar and Karal village at jn port

APPENDIX-I

Form-12

Curriculum Vitae (CV) of Key Personnel

1. Proposed Position:

2. Name of Personnel:

3. Date of Birth:

4. Nationality:

5. Educational Qualifications:

6. Employment Record:

(Starting with present position, list in reverse order every employment

held.)

7. List of projects on which the Personnel has worked

Name of Description of
project responsibilities

8. Details of the current assignment and the time duration for which
services are required for the current assignment.

Certification:

1 I am willing to work on the Project and I will be available for

entire duration of the Project assignment as required.

2 I, the undersigned, certify that to the best of my knowledge and

belief, this CV correctly describes me, my qualifications and my
experience.

(Signature and name of the Key Personnel)

Place.........................................

(Signature and name of the authorised signatory of the Applicant)

175
Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering
for Construction of Second Link Road to JN Port and construction of ROB connecting
Jaskar and Karal village at jn port

Notes:

1. Use separate form for each Key Personnel

2. The names and chronology of assignments included here should conform

to the project-wise details submitted in Form-8 of Appendix-I.

3. Each page of the CV shall be signed in ink and dated by both the Personnel
concerned and by the Authorised Representative of the Applicant firm along
with the seal of the firm. Photocopies will not be considered for evaluation.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for Construction of Second Link Road to JN Port and
construction of ROB connecting Jaskar and Karal village at jn port

APPENDIX-I

Form-13

Deployment of Personnel

Sr. Designation Name Man Days (MD) Week Numbers

No.
At Away 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Project from

site Project

site

(specify)

1.
2.
3.
4.
5.
6.
7.
8.
9.

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for Construction of Second Link Road to JN Port and
construction of ROB connecting Jaskar and Karal village at jn port

Sr. Designation Name Man Days (MD) Week Numbers

No.
At Away 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Project from

site Project

site

(specify)

10.
11.
Total Man days

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Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for Construction of Second Link Road to JN Port and
construction of ROB connecting Jaskar and Karal village at jn port

APPENDIX-I

Form–14

Survey and Field Investigations

To be carried out/ prepared

Item of Work/ by
Week
Activity Designatio
Name
n
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

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 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

APPENDIX-I

Form-15

Proposal for Sub-Consultant(s)

1. Details of the Firm

Firm’s Name, Address and
Telephone
Name and Telephone No. of the
Contact Person
Fields of Expertise
No. of Years in business in the
above Fields
2. Services that are proposed to be sub contracted:
3. Person who will lead the Sub- Consultant
Name:
Designation:
Telephone No:
Email:
4. Details of Firm’s previous experience

Name of Work Name, address Total Duration Date of

and telephone no. Value of of Completion
of Client Services Services of Services
Performed
1.
2.
3.

(Signature and name of the authorised signatory)

Note:

1. The Proposal for Sub-Consultant(s) shall be accompanied by the details

specified in Forms 12 and 13 of Appendix –I.

2. Use separate form for each Sub-Consultant

 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

APPENDIX-II

FINANCIAL PROPOSAL

Form-1

Covering Letter
(On Applicant’s letter head)

(Date and Reference)

To,
Chief General Manager,
Port Planning and Development Department
Jawaharlal Nehru Port Authority
Administration Building,1st Floor,
Sheva, Navi Mumbai-400 707.
Maharashtra, India.

Subject: Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN Port

DEAR SIR,

I/We, ................................. (Applicant’s name) herewith enclose the Financial Proposal

for selection of my/our firm as Consultant for above.

I/We agree that this offer is unconditional and shall remain valid for a period of 120 (One
Hundred and Twenty) days from the Proposal Due Date or such further period as may
be mutually agreed upon.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

Note: The Financial Proposal is to be submitted strictly as per forms given in the
RFP.
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

APPENDIX-II
(See Clause 2.1.3)

Form-2
BILL OF QUANTITIES

TENDER NOTICE No. PPD/DGM/SL Road/T-16/2025 Dated -21.04.2024

Subject: Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN Port.

Sr. Description Unit Quote Amount

No. excluding GST Rs.
I Consultancy Services for
Preparation of Detailed Project
Report and Detailed Engineering
for
i Assignment no.1- Construction of LS
Second Link Road to JN Port
ii Assignment no.2-Construction of LS
ROB connecting Jaskar and Karal
Village at JN Port

Total Amount in Rs.( excl. GST)

Note: -

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

ii. GST as applicable will be paid to the Contractor after submission of paid receipts
to the employer.
iii. Payment shall be made as per agreed payment terms mentioned in contract
document.
iv. No escalation on any account will be payable on the above amounts
v. All other charges not shown here and all insurance premia are considered
included in the man day rate/ overhead/ miscellaneous expenses.
vi. Offer price shall be inclusive of all necessary supporting technical staff like Project
Manager, QA/QC Engineer and office staff/office establishment /IT support
/Stationary/ Transport arrangement / communication support, insurance charges,
BG charges etc. shall be provided by the consultant at their cost for their day to
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

day use at no extra cost to the employer. Appointed Consultant shall have to
established at least 20 feet container size temporary office at suitable location
near project location at no cost to employer.
vii. The consultant is required to support JNPA in attending meetings at Government
Authorities for obtaining various approvals for which consultant will be paid
Transport and lodging allowances (Economy class Air Fare and 3-star hotel
accommodation) as per actuals.

Place: Signature of Contractor with

 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

APPENDIX-II:
Form 2 Financial Proposal
(See Clause 2.1.3)
Form-2
Financial Proposal

From :

_______________________

_______________________

_______________________

_______________________

To

Chief General Manager,

Port Planning and Development Department
Jawaharlal Nehru Port
Authority, Administration
Building, 1st floor, Sheva,
Navi Mumbai-400 707.
Maharashtra, India.

Dear Sir,

Subject:- Consultancy Services for Preparation of Detailed Project Report and

Detailed Engineering for Construction of Second Link Road to JN Port and
Construction of ROB connecting Jaskar and Karal Village at JN Port.

I/We have perused the Proposal Document for subject assignment containing Terms
of Reference in Annex-1 and other details and am/are willing to undertake and
complete the assignments as per terms and conditions stipulated in the 'Proposal
Document'.

Our price offer inclusive of all taxes including incidentals, overheads, traveling
expenses, stationery, expenditure related to presentation to be made during the
execution, sundries, all other items involving expenditure for execution of this
assignment covering scope as stipulated in "Terms of Reference" (enclosed as
Schedule-I to the RFP) and excluding prevalent GST tax is Rs As indicatated in
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

Financial Proposal. This offer is valid for a period of 120 days from the proposal due
date.

I/We agreed to accept the payment schedules as given below

Stages of payment for the services are as under:

Assignment No.1 - Construction of Second Link Road to JN Port

Key Date Week

Description of Deliverables Payment
No. No.
Submission QAP & Inception Report
KD1 2 5%
Conducting Geotechnical Investigation
10 15 %
including Borehole in situ sample
collection as mentioned in ToR and
KD2 submission of Geotechnical
Investigation Report , Submission
topographic survey with proposed road
alignment
Submission of Utility Relocation plan and
KD3 14 10 %
Clearances report
Submission of draft DPR
KD4 16 10 %
Submission of DPR including detailed
KD5 22 20 %
engineering
Submission of Bidding document
KD6 26 10 %
Submission of EIA and EMP reports
KD7 26 10%
Application to CRZ, EC Clearance and
32 10 %
KD8 permission from Hon’ble Bombay High
Court
Receipt of CRZ, EC Clearance and
- 10%
KD9 permission from Hon’ble Bombay High
Court
Total 100 %

Assignment. No. 2- Construction of ROB connecting Jaskar and Karal

Village at JN Port

Key Date Week

Description of Deliverables Payment
No. No.
Submission QAP & Inception Report
KD1 1 5%
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

Submission of Feasibility Report

2 10 %
KD2 including Submission topographic
survey with proposed road alignment
Submission of Utility Relocation plan and
5 15 %
Clearances report including Conducting
Geotechnical Investigation including
KD3 Borehole in situ sample collection as
mentioned in ToR and submission of
Geotechnical Investigation Report
Submission of draft DPR
KD4 8 10 %
Submission of DPR including detailed
KD5 11 20 %
engineering
Submission of Bidding document
KD6 13 10 %
Submission of EIA and EMP reports
KD7 13 10%
Application to CRZ, EC Clearance and
16 10 %
KD8 permission from Hon’ble Bombay High
Court
Receipt of CRZ, EC Clearance and
- 10%
KD9 permission from Hon’ble Bombay High
Court
Total 100 %

Payment will be release after acceptance of above submission by

Engineer-in-charge of the Assignment.

NOTE: (i) All the payment under this contract will be made only in Indian Rupees. The
fees/price may be quoted in Indian Rupees only. The consultant shall be paid for the
services rendered as per the TOR as per payment schedule given above.
The consultant may raise their invoice on pro rata basis as per the stage or sub stage
as brought out in above table.
In case of extension, for the reasons not attributable to the consultant, and
foreclosure, prorata addition or deduction shall be done based on pro-rata monthly
payment
In case of assistance required for attending meeting and obtaining necessary
clearance from government and other concern authorities the expenditure toward
travelling outstation and back by economy class airfare and accommodation in three-
star hotel will be reimbursed to the consultant as per actuals.

Signature
Witness's ________________
Name
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

Signature ______________ ___________________

Designation_____________
Name__________________ __
Address________________ of_______
For and on behalf _
_____________________________________
________________________________
________ ______
_____________________________________
______
Address_____________________
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

Annex-3

Estimate of Personnel Costs

(Refer Clause 4.2)

(Form-3 of Appendix-II) APPENDICES

APPENDIX- III LIST OF BID-SPECIFIC CLAUSES

A. Clauses and appendices with non-numerical footnotes

Clause 2.2.3: Conditions of Eligibility of Applicants

Clause 2.11.3: Amendment of RFP

Schedule-1: Terms of Reference (TOR) for technical consultant:

(i) Clause 6.2: Time and Payment Schedule

(ii) Clause 9.4.2: Arbitration

(iii) Proforma-1, Road Inventory,

(iv) Proforma-2, Inventory and Condition Survey for Culverts

(v) Proforma-3, Inventory of Structures (Bridges and other Structures) (vi) Proforma-
5, Bridge Condition Survey

Form-5, Appendix-I: Financial Capacity of the Applicant

Form-8, Appendix-I: Abstract of Eligible Assignments of the Applicant

Form-9, Appendix-I: Abstract of Eligible Assignments of Key Personnel

Appendix-III: List of Bid-specific clauses

B. Clauses and appendices with curly brackets

1. Schedule-2: Form of Agreement: Clause 9.4.2: Arbitration

C. Clauses and appendices with blank spaces

 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

Schedule-1: Terms of Reference: Proforma-4, Road Condition Survey

Schedule-2: Form of Agreement: Clause 1.10.3 and 6.1.2

Annex-7, Schedule-2: Bank Guarantee for Performance Security

Form-1, Appendix-I: Letter of Proposal

Form-2, Appendix-I: Particulars of the Applicant: Signature

Form-3, Appendix-I: Statement of Legal Capacity

Form-4, Appendix-I: Power of Attorney

Form-5, Appendix-I: Financial Capacity of the Applicant

Form-12, Appendix-I: Curriculum Vitae (CV) of Key Personnel

DRAWINGS for Tentative location of proposed Road Alignment.

 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

ASSIGNMENT NO. I – Proposed Road Alignment for Construction of Second

Link Road to JN Port
 Consultancy Services for Preparation of Detailed Project Report and Detailed Engineering for
Construction of Second Link Road to JN Port and construction of ROB connecting Jaskar and Karal
village at jn port

ASSIGNMENT NO. II - Proposed Road Alignment for Construction of ROB

connecting Jaskar and Karal village at jn port