CONTRACT CONSULTANTS' FOR SERVICES

Time-Based

Between

Commissioner for Disaster Management & EOPS & Project Director, PIU, NCRMP, Revenue (DM) Department, "7thFloor, "L" Block, A.P. Secretariat, Hyderabad - 500 022, Tel: No. +91 -40 - 2345-6005, Fax. No. +91- 40 - 2345-1819 E-mail: [email protected]

And

Egis International S .A France In Joint Venture with Egis India Consulting Engineers Pvt Ltd., India

Dated: 3 1 May 201 1

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AS 107951

U. MASTANA

For Whom

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LICENCE0 STAMP VENDOR LJC.NO.j6-04-09/2009 REN. No .. .-. H No. 8-3-228f640J209,Kartnib Nagar. ~&&&fguda, Hydsa bad. (South)Dirt.

I. Form of Contract
TIME - BASED

This CONTRACT (hereinafter called the "Contract") is made the 31St day of the month of May, 201 1, between, on the one hand, Commissioner for Disaster Management & Project Director, PIU, NCRMP, Revenue (DM) Department. "L" Block, 7thFloor, A.P. Secretariat, Hyderabad- 500 022, (hereinafter called the "Client") and, on the other hand, a joint venture1consortium consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Consultant's obligations under this Contract, namely, Egis International S.A.France and Egis India Consulting Engineers Pvt Ltd. (hereinafter called the "Consultant"). WHEREAS (a) the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the "Services");

National Cyclone Risk Mitigation Proiect Consultancv services for Third Party Quality Audit (TPQA) - Contract Aweement

(c)

the Client has received a credit from the International Development Association (hereinafter called the "Association") towards the cost of the Services and intends to apply a portion of the proceeds of this credit to eligible payments under this Contract, it being understood (i) that payments by the Association will be made only at the request of the Client and upon approval by the Association, (ii) that such payments will be subject, in all respects, to the terms and conditions of the agreement providing for the credit, and (iii) that no party other than the Client shall derive any rights from the agreement providing for the credit or have any claim to the credit proceeds;

NOW THEREFORE the parties hereto hereby agree as follows:

1.

The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) (b) (c) The General Conditions of Contract; The Special Conditions of Contract; The following Appendices: Appendix A: Description of Services Appendix B: Reporting Requirements Appendix C: Key Personnel and Sub-Consultants Appendix D: Cost Estimates in Foreign Currency Appendix E: Cost Estimates in Local Currency Appendix F: Duties of the Client Appendix G: Form of Advance Payments Guarantee used used used not used used used used

The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular: (a) (b) the Consultants shall carry out the Services in accordance with the provisions of the Contract; and the Client shall make payments to the Consultants in accordance with the provisions of the Contract.

T WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their N respective names as of the day and year first above written.

For and on behalf of Commissioner for Disaster Management & EOPS & Project Director, PIU, NCRMP, Revenue (DM) Department, "7th Floor, "L," Block, A.P. Secretariat, Hyderabad. ~~rnrnwi~nertm

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Page 3 of 124
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For and on behalf of Egis

I Mr. V. Ravindranath

S A France

[Authorized Representative]
/

in J.V. with Egis India Consulting Engineers Pvt Ltd Mr. CSSB Ramlal [Authorized Representative]

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Page 4 of 124

National Cyclone Risk Mitigation Proiect Consultancy services for Third Partv Oualitv Audit (TPQA) - Contract Agreement

11. General Conditions of Contract

1. GENERAL PROVISIONS
1 1 Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: (a) "Applicable Law" means the laws and any other instruments having the force of law in the Government's country, or in such other country as may be specified in the Special Conditions of Contract (SC), as they may be issued and in force from time to time.

(b) "Bank" means the International Bank for Reconstruction and Development, Washington, D.C., U.S.A., or the International Development Association, Washington, D.C., U.S.A.

(c)

"Consultant" means any private or public entity that will provide the Services to the Client under the Contract.

(d) "Contract" means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the Appendices. (e) "Day" means calendar day. "Effective Date" means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1.

(f)

(g) "Foreign Currency" means any currency other than the currency of the Client's country. (h) "GC" means these General Conditions of Contract. (i) "Government" means the Government of the Client's country. "Local Currency" means the currency of the Client's country.

Q)

(k) "Member" means any of the entities that make up the joint venture/consortium/association, and "Members" means all these
entities. (1) "Party" means the Client or the Consultant, as the case may be, and "Parties" means both of them. "Personnelwmeans professionals and support staff provided by the Consultants or by any Sub-Consultants and assigned to perform the Services or any part thereof; "Foreign Personnel" means such professionals and support staff who at the time of being so provided had their domicile outside the Government's country; "Local Personnel" means such professionals and support staff who at the time of being so provided had their domicile inside the ent's country; and "Key Personnel" means the Personnel to in Clause GC 4.2(a). able expenses" means all assignment-related costs other
Commissioner for

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Revenue Department 4. P. Secretariat Hvderabad

Disaster Management

National Cvclone Risk Mitigation Proiect Consultancy services for Third Partv Oualitv Audit (TPOA) - Contract Agreement

payments from the Client.

1.9 Authorized Representatives 1.10 Taxes and Duties

Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SC. The Consultant, Sub-Consultants, and their Personnel shall pay such indirect taxes, duties, fees, and other impositions levied under the Applicable Law as specified in the SC. the amount of which is deemed to have been included in the Contract Price. The client shall reimburse Service Tax payable in India as per applicable law; The Consultant will include service tax, payable to them in their monthly invoice for payment along with the invoice, to enable them to deposit the same to tax authorities on a regular basis. They would M s h the proof of payment to the Tax Authorities within three months from the date of receipt payment through their invoice.

1.11 Fraud and Corruption

If the Client determines that the Consultant has engaged in corrupt, fraudulent, collusive coercive or obstructive practices, in competing for or in executing the Contract, then the Client may, after giving 14 days notice to the Consultant or, terminate the Consultant Services under the Contract and the provisions of Clause 2.9 shall apply. Should any Personnel of the Consultant be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Services then that employee shall be removed in accordance with Clause 4.5. For the purposes of this Sub-Clause: (i) "corrupt practiceWl is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party'; "fraudulent practice9'2 is any act or omission, including a (ii) misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) "collusive practice"3 is an arrangement between two or more parties designed to achieve an improper - purpose, including improperly the actions of another party;

party" refers to a public official acting in relation to the procurement process or contract context, "public official" includes World Bank staff and employees of other organizations g procurement decisions.

\ F &

' refers to a public official; the terms "benefitn and "obligationn relate to the procurement ct execution; and the "act or omission*' is intended to influence the procurement process or execution.
urement process (including public officials) attempting to

"varties" refers to D establish bid prices at artificia

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National Cyclone Risk Mitigation Proiect Consultancv services for Third Party Oualitv Audit (TPOA) - Contract Ameement

(iv) "coercive practice9'4 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; "obstructive practice" is
(aa) deliberately destroying, falsifjmg, altering or concealing of

evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; andlor threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (bb) acts intended to materially impede the exercise of the Bank's inspection and audit rights provided for under Clause 3.6 [Accounting, Inspection and Auditing].
1.11.2 Commissions and Fees

The Client will require the successful Consultants to disclose any commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents with respect to the selection process or execution of the contract. The information disclosed must include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.

2. COMMENCEMENT, COMPLETION, MODIFICATION TERMINATIONCONTRACT AND OF 2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date (the "Effective Date") of the Client's notice to the Consultant instructing the Consultant to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC have been met. If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as specified in the SC, either Party may, by not less than twenty one (21) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. The Consultant shall begin carrying out the Services not later than the number of days after the Effective Date specified in the SC. uant to Clause GC 2.9 hereof, this Contract end of such time period after the Effective Date as covenants, stipulations and provisions agreed
process or contract

2.2 Termination of Contract for Failure to Become Effective 2.3 Commence-

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National Cyclone Risk Miti~ation Proiect Consultancv services for Third Party Oualitv Audit (TPOA) - Contract Ameement

Agreement

by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. (a) Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.
(b) In case of substantial modifications or variations, the prior written

2.6 Modifications or Variations

consent of the Bank is required.

2.7 Force Majeure 2.7.1 Definition

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

negligence or intentional action of a Party or such Party's SubConsultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected both to take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder.
O Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 2.7.2 No Breach of Contract

The failure of a Party to fulfil1 any of its obligations under the contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event. y an event of Force Majeure shall continue to S under the Contract as far as is reasonably e all reasonable measures to minimize the nsequences of any event of Force Majeure. by an event of Force Majeure shall notify the other t as soon as possible, and in any case not later than llowing the occurrence of such event, providing cause of such

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National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPOA) - Contract Ameement

written notice of the restoration of normal conditions as soon as possible. (c) Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. (d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either: (i) demobilize, in which case the Consultant shall be reimbursed for additional costs they reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or (ii) continue with the Services to the extent possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred. (e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 8.
2.8 Suspension

The Client may, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract, including the canying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension.

2.9 Termination 2.9.1 By the Client

The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (g) of this Clause GC 2.9.1. In such an occurrence the Client shall give a not less than thirty (30) days' written notice of termination to the Consultant, and sixty (60) days' in case of the event referred to in (g). (a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing. If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of dent or take advantage of any law for the benefit of debtors or go or receivership whether compulsory or voluntary. ,fails to comply with any final deqision eached as Commlssloner for
aster h4 nagernent 8i

Prl ~ ~ R G rlue Department

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National Cvclone Risk Mitigation Proiect Consultancy services for Third Partv Quality Audit (TPOA) - Contract Agreement

a result of arbitration proceedings pursuant to Clause GC 8 hereof. If the Consultant, in the judgment of the Client, has engaged in corrupt or fkaudulent practices in competing for or in executing this Contract. If the Consultant submits to the Client a false statement which has a material effect on the rights, obligations or interests of the Client, If, 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 sixty (60) days. (g) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. 2.9.2 By the The Consultant may terminate this Contract, by not less than thirty (30) Consultant days' written notice to the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2.9.2. If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GC 8 hereof within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue. If, 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 sixty (60) days. If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof. (d) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant's notice specifying such breach. 2.9.3 Cessation of Rights and Obligation
-

Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract Pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof, (iii) the Consultant's obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.6 hereof, and (iv) any right which a Party may have pon termination of this Contract by notice of either Party to the other .9.1 or GC 2.9.2 hereof, the Consultant shall, or receipt of such notice, take all necessary o a close in a prompt and orderly manner and nable effort to keep expenditures for this purpose . . respect to documents p r c p q, q d , & ~ - ~ s u l t a n t

.Secretariat Hydeiabad

National Cyclone Risk Mitigation Proiect Consultancy services for Third Partv Oualitv Audit (TPOA) - Contract Agseement

and equipment and materials furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10 hereof. 2.9.5 Payment Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC upon 2.9.2 hereof, the Client shall make the following payments to the Termina- Consultant: tion (a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective date of termination, and reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures actually incurred prior to the effective date of termination; and
(b)

except in the case of termination pursuant to paragraphs (a) through (e), and ( f ) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of this Contract including the cost of the return travel of the Personnel and their eligible dependents.

2.9.6 Disputes about Events of Termination

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

3. OBLIGATIONS THE CONSULTANT OF 3.1 General 3.1.1 Standard of Performance The Consultant shall perform the Services and ~ utheir obligations t hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in any dealings with Sub-Consultants or Third Parties. The Consultant shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub-Consultants, as well as the Personnel of the Consultant and any SubConsultants, comply with the Applicable Law. The Client shall notify the Consultant in writing of relevant local customs, and the Consultant shall, after such notification, respect such customs. The Consultant shall hold the Client's interests paramount, without any consideration for future work, and strictly avoid conflict with other own corporate interests. 3.2.1 Consultf the Consultant pursuant tq, Clause, ,GC,6 shall
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National Cvclone Risk Mitigation Proiect Consultancv services for Third Party Oualitv Audit (TPOA) - Contract Ameement
. . . . . .

.
~

. .

ants not to Benefit from Commissions, Discounts, etc.

constitute the Consultant's only payment in connection with this Contract or the Services, and the Consultant shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them, similarly shall not receive any such additional payment.
(b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the procurement of goods, works or services, the Consultant shall comply with the Bank's applicable procurement guidelines, and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client.

3.2.2 Consultant and Afffiates Not to Engage in Certain Activities 3.2.3 Prohibition of Conflicting Activities

The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any entity affiliated with such SubConsultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant's Services for the preparation or implementation of the project. The Consultant shall not engage, and shall cause their Personnel as well as their Sub-Consultants and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.

3.3 Confidentiality Except with the prior written consent of the Client, the Consultant and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services. 3.4 Liability of the Consultant Subject to additional provisions, if any, set forth in the SC, the Consultants' liability under this Contract shall be provided by the Applicable Law. The Consultant (i) shall take out and maintain, and shall cause any SubConsultants to take out and maintain, at their (or the Sub-Consultants', as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage, as shall be specified in the SC; and (ii) at the Client's request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid.
J-

' 3 . 6

Accounting, Inspection and Auditing

all permit the Bank andlor persons appointed by the S accounts and records as well as those of its Subto the performance of the contract, and to have such ds audited by
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National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Quality Audit (TPQA) - Contract Agreement

required by the Bank. The Consultant's attention is drawn to Clause 1.11.1 which provides, inter alia, that acts intended to materially impede the exercise of the Bank's inspection and audit rights provided for under Clause 3.6 constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility under the Consultant Guidelines). 3.7 Consultant's Actions Requiring Client's Prior Approval The Consultant shall obtain the client's prior approval in writing before taking any of the following actions: (a)
(b)

Any change or addition to the Personnel listed in Appendix C. Subcontracts: the Consultant may subcontract work relating to the Services to an extent and with such experts and entities as may be approved in advance by the Client. Notwithstanding such approval, the Consultant shall retain full responsibility for the Services. In the event that any Sub-Consultants are found by the Client to be incompetent or incapable in discharging assigned duties, the Client may request the Consultant to provide a replacement, with qualifications and experience acceptable to the Client, or to resume the performance of the Services itself. Any other action that may be specified in the SC.

(c)
3.8 Reporting Obligations

The Consultant shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix. Final reports shall be delivered in CD ROM in addition to the hard copies specified in said Appendix. All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultant for the Client under this Contract shall become and remain the property of the Client, and the Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultant may retain a copy of such documents and software, and use such software for their own use with prior written approval of the Client. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of any such computer programs, the Consultant shall obtain the Client's prior written approval of the Client. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of any such computer programs, the Consultant shall obtain the Client's prior written approval to such agreements, and the Client shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned. Other restrictions about the future use of these documents and software, if any, shall be specified in the SC. Equipment, vehicles and materials made available to the Consultant by chased by the Consultant wholly or partly with funds t, shall be the property of the Client and shall be . Upon termination or expir@iw ;oE&b ,GaaQ.act, make available to the Cliga,ap-,inmtory efiaadh

3.9 Documents Prepared by the Consultant to be the Property of the Client

3.10 Equipment, Vehicles and Materials Furnished by the Client

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National Cvclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPQA) - Contract Agreement

equipment, vehicles and materials and shall dispose of such equipment and materials in accordance with the Client's instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value. 3.11 Equipment and Materials Provided by the Consultants Equipment or materials brought into the Government's country by the Consultant and the Personnel and used either for the Project or personal use shall remain the property of the Consultant or the Personnel concerned, as applicable.

AND 4. CONSULTANT'S PERSONNEL SUB-CONSULTANTS

4.1 General

The Consultant shall employ and provide such qualified and experienced Personnel and Sub-Consultants as are required to carry out the Services. (a) The titles, agreed job descriptions, minimum qualifications and estimated period of engagement in the carrying out of the Services of each of the Consultant's Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the Client, hisfher name is listed as well.
(b) If required to comply with the provisions of Clause GC 3.1. l

4.2 Description of Personnel

hereof, adjustments with respect to the estimated periods of engagement of Key Personnel set forth in Appendix C may be made by the Consultant by written notice to the Client, provided (i) that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such adjustments shall not cause payments under this contract to exceed the ceilings set forth in clause GC 6.1 (b) of this contract. Any other such adjustments shall only be made with the Client's written approval, (c) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of key Personnel set forth in Appendix C may be increased by agreement in writing between the Client and the Consultant. In case where payments under this Contract exceed the ceilings set forth in Clause GC 6.1(b) of this Contract, this will be explicitly mentioned in the agreement. e Key Personnel and Sub-Consultants listed by title as well as by are hereby approved by the Client. In respect of er Personnel which the Consultant proposes to use in the carrying of the Services, the Consultant shall submit to the Client for review of their Curricula Vitae (CVs). If the Client does (stating the reasons for the objection) within fiom the date of receipt of such CVs, such deemed to have been approved by the Client. and holidays for

National Cyclone Risk Mitigation Project Consultancy services for Third Partv Oualitv Audit (TPOA) - Contract Agreement

Overtime, Leave, etc.

Appendix C hereto. To account for travel time, Foreign Personnel carrying out Services inside the Client's country shall be deemed to have commenced, or finished work in respect of the Services such number of days before their arrival in, or after their departure fiom the Client's country as is specified in Appendix C hereto.
(b) The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified in Appendix C hereto, and except as specified in such Appendix, the Consultant's remuneration shall be deemed to cover these items. All leave to be allowed to the Personnel is included in the staffmonths of service set forth in Appendix C. Any taking of leave by Personnel shall be subject to the prior approval by the Consultant who shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services.

4.5 Removal and/or Replacement of Personnel

(a)

Except as the Client may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the Consultant, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Personnel, the Consultant shall forthwith provide as a replacement a person of equivalent or better qualifications.

(b) If the Client (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Client's written request specifjmg the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client.

(c)

Any of the Personnel provided as a replacement under Clauses (a) and (b) above, as well as any reimbursable expenditures (including expenditures due to the number of eligible dependents) the Consultants may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Client. The rate of remuneration applicable to a replacement person will be obtained by multiplying the rate of remuneration applicable to the replaced perdon by the ratio between the monthly salary to be effectively paid to the replacement person and the average salary effectively paid to the replaced person in the period of six months prior to the date of replacement. Except as the Client may otherwise agree, (i) the Consultant shall bear all additional travel and other costs arising out of or incidental to any removal andor replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced. k t h e SC, the Consultant shall ensure that at all times nsultant's bhe

4.6 Resident Project I Manager

National Cvclone Risk Miti~ation Proiect Consultancv services for Third Party Ouality Audit (TPOA) - Contract Agreement

Client, shall take charge of the performance of such Services.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and Unless otherwise specified in the SC, the Client shall use its best efforts Exemptions to ensure that the Government shall:
(a) Provide the Consultant, Sub-Consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultant, Sub-Consultants or Personnel to perform the Services.
(b) Arrange for the Personnel and, if appropriate, their eligible dependents to be provided promptly with all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in the Government's country.
O Facilitate prompt clearance through customs of any property required

for the Services and of the personal effects of the Personnel and their eligible dependents. (d) Issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services. (e) Exempt the Consultant and the Personnel and any Sub-Consultants employed by the Consultant for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law.

(f) Grant to the Consultant, any Sub-Consultants and the Personnel of either of them the privilege, pursuant to the Applicable Law, of bringing into the Government's country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Personnel and their dependents and of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the Services.
(g) Provide to the Consultant, Sub-Consultants and Personnel any such assistance as may be specified in the SC. lient warrants that the Consultant shall have, free of charge, ded access to all land in the Government's country in respect of cess is required for the performance of the Services. The l be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultant such damage, and each of thePersonnel in respect of liability for unless such damage is caused by the default or negligence of the Consultant or any Sub-Consultants or the Personnel of either of them.

any

f this Contract, there is any c h a i q p k ~ e & p ~ # ~ a b l e to taxes and duties which & & ~ t5~decptmWtk s
ecretariat Hvderabad.

National Cyclone Risk Mitigation Proiect Consultancy services for Third Partv Oualitv Audit (TPOA) - Contract Agreement

Law Related to cost incurred by the Consultant in performing the Services, then the Taxes and remuneration and reimbursable expenses otherwise payable to the Duties Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6.1 (b). 5.4 Services Facilities and Property of the Client

(a) The Client shall make available to the Consultant and the Personnel, for the purposes of the Services and free of any charge, the services, facilities and property described in Appendix F at the times and in the manner specified in said Appendix F.
(b) In case that such services, facilities and property shall not be made

available to the Consultant as and when specified in Appendix F, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultant for the performance of the Services, (ii) the manner in which the Consultant shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultant as a result thereof pursuant to Clause GC 6. l (c) hereinafter.
5.5 Payment

In consideration of the Services performed by the Consultant under this Contract, the Client shall make to the Consultant such payments and in such manner as is provided by Clause GC 6 of this Contract. (a) The Client shall make available to the Consultant free of charge such professional and support counterpart personnel, to be nominated by the Client with the Consultant's advice, if specified in Appendix F.
(b) If counterpart personnel are not provided by the Client to the Consultant as and when specified in Appendix F, the Client and the Consultant shall agree on (i) how the affected part of the Services shall be carried out, and (ii) the additional payments, if any, to be made by the Client to the Consultant as a result thereof pursuant to Clause GC 6. l (c) hereof.

5.6 Counterpart Personnel

(c) Professional and support counterpart personnel, excluding Client's liaison personnel, shall work under the exclusive direction of the Consultant. If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultant that is consistent with the position occupied by such member, and the Client shall not unreasonably refuse to act upon such request.
6. PAYMENTS THE CONSULTANT TO 6.1 Cost Estimates; Ceiling Amount

(a) An estimate of the cost of the Services payable in foreign currency is set forth in Appendix D. An estimate of the cost of the Services 1currency is set forth in Appendix E. y be otherwise agreed under lause GC 2.6 and GC 6. l (c), payments under t h i ~ ~ ~ ~ % Department cretariat Hyderabad

c->.S - @
- P.

National Cyclone Risk Miti~ation Proiect Consultancv services for Third Party Ouality Audit (TPQA) - Contract Agreement
%

exceed the ceilings in foreign currency and in local currency specified in the SC. (c) Notwithstanding Clause GC 6. l (b) hereof, if pursuant to any of the Clauses GC 5.3, 5.4 or 5.6 hereof, the Parties shall agree that additional payments in local andlor foreign currency, as the case may be, shall be made to the Consultant in order to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause GC 6.l(a) above, the ceiling or ceilings, as the case may be, set forth in Clause GC 6.l(b) above shall be increased by the amount or amounts, as the case may be, of any such additional payments.
6.2 Remuneration (a) and Reimbursable Expenses

Subject to the ceilings specified in Clause GC 6.l(b) hereof, the Client shall pay to the Consultant (i) remuneration as set forth in Clause GC 6.2(b) hereunder, and (ii) reimbursable expenses as set forth in Clause GC 6.2(c) hereunder. Unless otherwise specified in the SC, said remuneration shall be fixed for the duration of the Contract.

(b) Payment for the Personnel shall be determined on the basis of time actually spent by such Personnel in the performance of the Services after the date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or such other date as the Parties shall agree in writing), at the rates referred to in Clause SC 6.2(b), and subject to price adjustment, if any, specified in Clause SC 6.2(a)

(c) Reimbursable expenses actually and reasonably incurred by the Consultant in the performance of the Services, as specified in Clause SC 6.2(c). (d) The remuneration rates referred to under paragraph (b) here above shall cover: (i) such salaries and allowances as the Consultant shall have agreed to pay to the Personnel as well as factors for social charges and overhead (bonuses or other means of profit-sharing shall not be allowed as an element of overhead), (ii) the cost of backstopping by home office staff not included in the Personnel listed in Appendix C, and (iii) the Consultant's fee. Any rates specified for Personnel not yet appointed shall be provisional and shall be subject to revision, with the written approval of the Client, once the applicable salaries and allowances are known. Payments for periods of less than one month shall be calculated on an hourly basis for actual time spent in the Consultant's home office and directly attributable to the Services (one hour being equivalent to 1/176&of a month) and on a calendar-day basis for time spent away fkom home office (one day being equivalent to 1130~ a month). of
6.3 Currency Payment

ayments shall be made in the currency or currencies , and local currency nt's country.

c 5 s a.

National Cyclone Risk Mitigation Proiect Consultancy services for Third Party Oualitv Audit (TPOA) - Contract Ameement

6.4 Mode of Billing and Payment

Billings and Payments in respect of the Services shall be made as follows: (a) Within the number of days after the Effective Date specified in the SC, the Client shall cause to be paid to the Consultant advance payments in foreign currency and in local currency as specified in the SC. When the SC indicate advance payment, this will be due after provision by the Consultant to the Client of an advance payment guarantee acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SC. Such guarantee (i) to remain effective until the advance payment has been fully set off, and (ii) to be in the form set forth in Appendix G hereto, or in such other form as the Client shall have approved in writing. The advance payments will be set off by the Client in equal installments against the statements for the number of months of the Services specified in the SC until said advance payments have been fully set off.
(b) As soon as practicable and not later than fifteen (15) days after the end of each calendar month during the period of the Services, or after the end of each time intervals otherwise indicated in the SC, the Consultant shall submit to the Client, in duplicate, itemized statements, accompanied by copies of invoices, vouchers and other appropriate supporting materials, of the amounts payable pursuant to Clauses GC 6.3 and GC 6.4 for such month, or any other period indicated in the SC. Separate statements shall be submitted in respect of amounts payable in foreign currency and in local currency. Each statement shall distinguish that portion of the total eligible costs which pertains to remuneration from that portion which pertains to reimbursable expenses.

(c) The Client shall pay the Consultant's statements within sixty (60) days after the receipt by the Client of such statements with supporting documents. Only such portion of a statement that is not satisfactorily supported may be withheld fiom payment. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultant, the Client may add or subtract the difference frmn any subsequent payments. Interest at the annual rate specified in SC shall become payable as from the above due date on any amount due by, but not paid on, such 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 Client. The Services shall be deemed completed an finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90) day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report or final statement. The Consultant shall thereupon promptly ary corrections, and thereafter the foregoing process . Any amount, which the Client has paid or caused to ance with the

cs.s-G-

National Cvclone Risk Mitigation Proiect Consultancv services for Third Party Oualitv Audit (TPOA) - Contract Agreement

reimbursed by the Consultant to the Client within thirty (30) days after receipt by the Consultant of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above. (e) All payments under this Contract shall be made to the accounts of the Consultant specified in the SC.

(Q Payments in respect of remuneration or reimbursable expenses, which exceed the cost estimates for these items as set forth in Appendices D and E, may be charged to the respective contingencies provided for foreign and local currencies only if such expenditures were approved by the Client prior to being incurred.
(g) With the exception of the final payment under (d) above, payments do not constitute acceptance of the Services nor relieve the Consultant of any obligations hereunder.
7. FAIRNESS AND GOOD FAITH 7.1 Good Faith

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

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

either Party objects to any action or inaction of the other Party, the ecting Party may file a written Notice of Dispute to the other Party viding in detail the basis of the dispute. The Party receiving the otice of Dispute will consider it and respond in writing within 14 days er receipt. If that Party fails to respond within 14 days, or the dispute cannot be amicably settled within 14 days following the response of that Party, Clause GC 8.2 shall apply.
8.2 Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this e settled amicably according to Clause GC 8.1 er Party for settlement in accordance with the

fi
1

Comrnlsstoner fa?

isaster Pt'lanaqement &

'

ciciQ)~&e %Frrfl.34 Gov ro

f i v ~ h i l sL ? e ~ a r l r n c n [

National Cvclone Risk Mitigation Proiect Consultancy services for Third Partv Ouality Audit (TPOAI - Contract Aaeement
I

111. Special Conditions of Contract

Number of GC Clause Amendments of, and Supplements to, Clauses in the General Conditions of Contract {The words "in the Government's country" are amended to read "in India".
p

The language is English The addresses are: Client: Commissioner for Disaster Management & EOPS & Project Director, PIU, NCRMP, Revenue (DM) Department. Attention: Facsimile:

"L" Block, 7fhFloor, A.P. Secretariat, Hyderabad- 500 022. Tel. No. +91- 40 - 2345 - 6005
FaxNo. +g1 -40-2345

- 1819

E-Mail :

[email protected]

Consultant: Egis International. S.A. France Attention: Place des Freres Montgolfier -78286 Guyancourt Cedex-France, Tel.:+33 1 30 12 48 00-Fax:+33 1 30 12 l 0 95-www.egis-international.fr, Email: [email protected] Consultant: Egis India Consulting Engineers Pvt Ltd. Attention: Mr. V. Ravidranath, 9-1-7713, NO. 3 1, Adj ITC A g o Bldng., Lane Adjacent to St. Am's School, S.D. Road. Secunderabad - 5000033 Facsimile: 040 40 17 9496

. ..

..
. . .
~

.
..

Page 22 of 124

National Cvclone Risk Mitigation Proiect Consultancv services for Third Party Quality Audit (TPOAI - Contract Agreement

The Member in Charge is: Egis India Consulting Engineers Pvt. Ltd. Safflon Square, 1216 Delhi-Mathura Road, Faridabad - 12 1003, Haryana. Ph: 91-129-4185600,91-129-4050892 E-mail: [email protected] Regional Office: Egis India Consulting Engineers Private Ltd., 9-1-7713, NO. 3 1, Adj ITC Agro Bldng., Lane Adjacent to St. Am's School, S.D. Road. Secunderabad - 5000033 Ph: 040-4017 9495 & 040-4017 9496 Tele Fax: 040- 4017 9495 & 4017 9496 E-mail: [email protected] The Authorized Representatives are: For the Client: commissioner for Disaster Management & EOPS & Project Director, PIU, NCRMP, Revenue (DM) Department. For the Consultant:

V. Ravindranath, 9-1-7713, NO. 3 1, Adj ITC Agro Bldng., Lane Adjacent to St. Am's School, 3.D. Road. 3ecunderabad - 5000033 Ph: 040-4017 9495 & 040-4017 9496. 017 9495 & 4017 9496 [email protected]
es levies except for Service Tax are to be included in the cost. 1 reimburse Service Tax payable in India as per applicable l l i k n s u l t a n t shall register itself for Service Tax with appropriate iuthorities in India and provide registration no to client. Taxes will be ieducted at source as per Income Tax rules. (The Effectiveness conditions are the following: Approval of the Contract >y the Bank and Client's approval of Consultant's proposals for ppointment of speciJied key staflmembers.

National Cvclone Risk Mitigation Pro-iect Consultancy services for Third Partv Oualitv Audit (TPOA) - Contract Agreement

The time period shall be one month The time period shall be eighteen months
"3.4 Limitation of the Consultants 'Liability towards the Client

Except in case of gross negligence or willful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants, with respect to damage caused by the Consultants to the Client 'S property, shall not be liable to the Client: (i) for any indirect or consequential loss or damage; and (ii) for any direct loss or damage that exceeds by 1.5 times the total value of the Contract.
(b) This limitation of liability shall not affect the Consultants' liability, if any, for damage to Third Parties caused by the Consultants or any person or any person or firm acting on behalf of the Consultants in carrying out the Services."

The risks and the coverage shall be as follows: a) Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Government's country by the Consultant or its Personnel or any Sub-Consultants or their Personnel, with a minimum coverage as per MV Act Rs 5 lakhs professional liability insurance, with a minimum coverage of 1.5 times the value of the contract employer's liability and workers' compensation insurance in respect of the Personnel of the Consultant and of any Sub-Consultants, in accordance with the relevant provisions of the Applicable Law, as well with respect to such Personnel, any such life, health, accident, avel or other insurance as may be appropriate; and

b) d)

against loss of or damage to (i) equipment purchased in part with funds provided under this Contract, (ii) the ,onsultant's property used in the performance of the Servies, and (iii) any iocuments prepared by the Consultant in the performance of the Services. The Consultant shall not use these documents and software for purposes melated to this Contract without the prior written approval of the Client.)

1.1 (b)

'he ceiling in foreign currency or currencies is: Not Applicable 'he ceiling in local currency is: INR :7,03,64,250/- (Rupees Seven Crore

National Cvclone Risk Mitigation Proiect Consultancv services for Third Party quality Audit (TPOAI - Contract Agreement

The rates for foreign Personnel are set forth in Appendix D, and the rates for Local Personnel are set forth in Appendix E. The payment for the services will be made to the consultant monthly on the basis of the time actually spent by such personnel as set forth in GCC 6.2
-

62 (c) .

Reimbursable expenses to be paid in local currency are set forth in Appendix E.

- -

--

The following provisions shall apply to the advance payment and the advance payment guarantee: (1) An advance payment of [10%] in local currency shall be made within [30] days after the Effective Date. The advance payment will be set off by the Client in 12 equal installments against the statements for the Services, after realization of advance payment starting fiom first month until the advance payment has been fully set off. (2) The advance payment guarantee shall be in the amount and in the currency of the [local] currency portion of the advance payment. The interest rate is : 10 %for local currency and LIBOR +3 %forforeign nurrency f i e accounts are: For local currency: Egis India Consulting Engineers Pvt. Ltd., Account Yo: 002905004586, RTGS Code: ICIC0000029, MICR Code:110229004, Vame and address of the Bank., ICICI Bank Limited., Greater Kailash Branch., W-57, Greater., Kailash Part-I., New Delhi - 110 048
-- ---

B;--utes shall be settled by arbitration in accordance with the following . .

m:

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

/(a)

Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to Institute of Engineers, India for a list of not fewer than five nominees and, on receipt of such list, the Parties shall alternately strike names there fiom, and the last remaining nominee on the list shall be the sole arbitrator for the ma ute. If the last remaining nominee has not been F'S manner within sixty (60) daytof the datggf & ornm~ss~o
Management

i<

PPEI~s~?%~.c&~*~ GOVL

Department Secretariat Hyderabad.

National Cyclone Risk Mitigation Proiect Consultancy services for Third Par& Quality Audit (TPOA) - Contract Agreement

list, Institute of Engineers, India shall appoint, upon the request ol either Party and from such list or otherwise, a sole arbitrator f o ~ the matter in dispute. (b) Where the Parties do not agree that the dispute concerns a technical matter, the Client and the Consultant shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by Institute of Engineers, India (c) If, in a dispute subject to Clause SC 8.2 l.(b), one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to Institute of Engineers, India to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.

Rules of Procedure. Except as stated herein, arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract. Substitute Arbitrators. If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the same manner as the original arbitrator. Nationality and Oualifications of Arbitrators. The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of Clause SC 8.2 1 hereof shall be an internationally recognized legal or technical expert with extensive experience in relation to the matter in andshall not be a national of the Consultant's home country I f the Consultant consists of more than one entity, add: or of country of any of their Members or Parties] or of the country. For the purposes of this Clause, "home ntry" means any of: /ia) the country of incorporation of the Consultant [Note: If the Consultant consists of more than one entity, add: or of any of their Members or Parties]; or

(b) the country in which the Consultant's [or any of their Members' or Parties'] principal place of business is located; or

(c)

the country of nationality of a majority of the Consultant's [or of any Members' or Parties'] shareholders; or

National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPOA) - Contract Aereement

5.

Miscellaneous. In any arbitration proceeding hereunder: (a) proceedings shall, unless otherwise agreed by the Parties, be held in Hyderabad, India (b) the English language shall be the official language for all purposes; and the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

(c)

~ i s s s t e Management & r Ex- OfficL. Pr' Secretary to G o d Revenue Department

A. P. Secretariat Hyderabad

Page 27 of 124

National Cyclone Risk Mitigation Proiect Consultancy services for Third Partv Ouality Audit (TPOA) - Contract Ameement

Appendices

Appendices

1. Appendix A: Description of Services

2. Appendix B: Reporting Requirements

3. Appendix C: Key Personnel and Sub-Consultants

4. Appendix D: Cost Estimates in Foreign Currency - Not Used

5. Appendix E: Cost Estimates in Local Currency

6. Appendix F: Duties of the Client
7. Appendix G: Form of Advance Payments Guarantee

Ex- OfficiI3 Pr:

S p c r i t V r.) GO\ Revenue Depd t t r l lent

8. P. Secretariat Hyderabad

Page 28 of 124

National Cvclone Risk Mitigation Proiect Consultancy services for Third Partv Ouality Audit (TPOA) - Contract Ameement

Appendix A Description of Sewices

Page 29 of 124

National Cyclone Risk Miti~ation Proiect Consultancv services for Third Partv Ouality Audit (TPOA) - Contract Atzreement

1. The National Cyclone Risk Mitigation Project ('NCRMP') (herein after called 'Project') is a World Bank h d e d project, for which the National Disaster Management Authority ('NDMA') is the nodal implementation agency at national level. The Project has identified 13 cyclone prone States and Union Territories ('UTs'), for implementation. These States/UTs have been classified into high and low vulnerability categories, based on the frequency of occurrence of cyclones, size of population and the existing institutional mechanism for disaster management. The selected states are:

Category I: High vulnerability States i.e. Andhra Pradesh, Gujarat, Orissa, Tamil Nadu and West Bengal. Category 11: Low vulnerability States i.e. Maharashtra, Goa, Karnataka, Kerala, Daman & Diu, Pondicherry, Lakshadweep and Andaman & Nicobar Islands.
2.

The key objectives of the Project are as follows: Reduction in cyclone vulnerability of coastal states, through creation of appropriate hftastructure which can help mitigate the adverse impacts of cyclones Strengthening of cyclone warning systems enabling quick dissemination of warnings and advisories from source/districtlsub-district level to the community and vice versa for their timely reception and adequate response.

Project Components
3. Based on the above objectives, the Project has been divided into four components, namely:

Component A - Last Mile Connectivity for the dissemination of cyclone warnings and advisories from districtlsub-district level to communities and vice versa. This will be implemented by NDMA in consultation with participating StatesAJTs. Component B Construction of physical infrastructure for cyclone risk mitigation. This Component will be implemented by the StatesAJTs. Component C Technical assistance for capacity building on hazard risk management. NDMA and are the implementation agencies for this component. t D- Project Management and Monitoring applicable to all implementing agencies. h and Orissa are the first two States to take up project implementation, and this term of ins to appointment of Third Party Quality Auditor for the state of Andhra Pradesh.

Pradesh, the Project envisages implementation of following components:

Panchayat Raj (PR) Department, A.P.

Cyclone Shelters b) Roads to

102 Nos. (198.82

habitation

W
81 Nos. ( 95.86

W
ici\,pBgk 3@@fi1B4 Gov to Revenue Department P, Secretariat Hyderabad

National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Qualitv Audit (TPOA) - Contract Agreement
. .

Roads & Building Department Irrigation Department

I Connecting

I a) Bridges

1 22 Nos.
2 Nos. (19.5 h) 2 Nos. (33.6 km).

b) Roads Saline Embankments

1 9 Nos.

13 Nos.

2 Nos.(19.5 km) Nil

--

2 Nos. (33.6 km).

NOTE: The present consultancy does not cover saline embankments.

Project Implementation Arrangements

6. A Project Implementing Unit ('PIU') in the State of Andhra Pradesh has been set up. The Commissioner for Disaster Management, Revenue @M) Department, A.P. Secretariat, Hyderabad heads the PIU as Project Director. The PIU is responsible for coordinating and monitoring the implementation of the Project by the respective implementation agencies. The line departments are the implementation agencies on ground, and are responsible to ensure timely completion of the works at desired quality levels.
7.

The Third Party Quality Auditor ('TPQA') appointed by the PIU, shall report to it on its findings.

8.

The objectives of the assignment are: Assist the PIU in maintaining the quality standards of the civil works by independent assessment/audit of quality of works at various stages of construction of multipurpose cyclone shelters, roads, bridges and culverts etc. being implemented by P.R. Departments, for bridges and roads R & B Dept., Assess and report on the compliance with the requirements of Environmental and Social Frame work (ESMF), including the management measures provided in the Environmental Management Plans and the Resettlement Action Plans, wherever required.

OUTLINE OF TASKS TO BE CARRIED OUT

The scope of services for the TPQA assignment includes:

Consultant shall conduct a preliminary review of standard contract documents, ations, materials reports and status of the work for the current contracts to obtain the scope and complexities of the assignment. This exercise will also include with the Environment and Social Framework (ESMF) and Environment Management

10. The Consultant will also have discussions with the key stakeholders at PIU and the line Department to understand implementation status, basis for site selection, the various manuals and guidelines prepared for the project, specific concerns of PIU (if any) and the nature and frequency of various field tests to be performed on civil works and reporting arrangements.

11. After the initial study and discussions, the Consultant will prepare and submit a Project Inception Report, within 30 days of issue of work order. The Inception report would include items like: a) Detailed methodology for execution of the audit, including the various tests that will be conducted and outlining quality audit procedures. b) Detailed methodology (ESMF) including the welfare. c) Audit plan for the first ye Environment and Social Management Framework pertaining to environment protection and labour

mmissioner for the audit stage for each type of &!kFt~' b4an Wement

CGCQ

National Cvclone Risk Mitigation Proiect Consultancy services for Third Party Oualitv Audit (TPOA) - Contract Agseement

d) Overall team deployment schedule e) Reporting formats including schedule of reporting and verification of compliance to observations.
f)

Reporting and escalation protocols including methodology for integrating the audit results in payment certification system and

g) Evaluation of the project MIS and suggesting updating requirements for capturing the audit reports, compliance and linking with payment certification system Audit Planning
12. During the inception for first year and subsequently at the beginning of each year an audit plan will be prepared in consultation with PIU. Each site shall be audited at least once during each stage of work and for certification of compliance of reported non compliances. The audit plan would be updated quarterly and may be revised on the basis of findings of the audits conducted in the preceding quarter.

Execution of audits The execution of audits will be in accordance with the approach and methodology agreed in the Inception Report and in accordance with the audit plan. In general the purpose of quality audit exercise is to ensure that the works are: Executed according to the designs, drawings and specifications as specified in the bidding documents / applicable standards, and that good engineering practices are followed in construction. True to desired lines, levels and finishing. Executed following the EMP provisions included in the bidding documents and in general follow the agreed provisions in the ESMF. Executed following the relevant laws / statutes and practices / guidelines related to workers welfare, safety at worksite, insurances, etc. The quality audit at construction sites shall include (but not be limited to) the following: 13. Assess independently the quality of construction v i s - h i s the standards specified in the bidding documents and good engineering practices including disaster resistant construction standards. Review the degree of quality control exercised during the construction by the contractor maintaining adequate arrangements / practices (tests, numbers, frequency, approach and timing etc.) / documentation egisters, test reports, observations of supervisory staff, compliances etc) and the degree of monitoring e by the line department identify non-compliances and suggests necessary improvements and compliance methodologies.

; Through the agreed Audit strategy and a series of test procedures:

a) Review that the materials have been procured stored and used in accordance with the quality standard requirements set forth in the contract agreement. b) Review that the workmanship of the work confums to specified standards. Review that the test rep0 in the individual contract that were tested by the contract as required

Commissioner for

Disaster RAanagement & ffici Pr' S ~ c t ~ t r ?to GO ry

. P. Secretariat Hyderabad

ReRqp$P&IQ4lent

National Cyclone Risk Mitigation Proiect Consultancy services for Third Party Oualitv Audit (TPOA) - Contsact Agreement

--

16. Carry out additional testing of the materials and works where necessary at site or in the approved laboratories. Care should be taken to minimize the additional testing and shall preferably be carried out where a prime facie doubt arises related to quality of works and / or compliance of standards. 17. Review the action taken on the earlier reported non-compliances and recertify including following up with the heads of implementing agencies for action on earlier reported non-compliances. 18. Assist the PIU/Line departments in resolving the issues related to non compliances. The consultant's responsibility does not end by merely pointing the defects rather they should facilitate the follow up action required to rectify the defects.
19. Create photo documentation of quality related issues including its compliances with date and geo tags

20. Check and report on compliance to:

a) Environment Management Plans (EMP) defined in the contract document and the Resettlement Action Plans (RAP) mentioned in the DPR b) Environment laws l regulations of Govt. of India and rules formulated by the concerned State Government. c) Labor laws1 regulations applicable to construction sites. d) Safety management at the construction sites as per the relevant IS codes such as (but not limited to) IS 3764: Code of safety for excavation work (first revision), IS 5916: Safety code for construction involving use of hot bituminous materials etc. e) Specifications of agencies like Indian Road Congress, Ministry of Shipping and Road Transport, Central Public Health Engineering Organization, Bureau of Indian Standards, Ministry of Rural Development (MORD), Ministry of Road Transport and Highways (MORTH) etc as applicable.
2 1. The Consultants shall also

a) Inspect, review and report the adequacy and competence of contractor's staff, labor and machinery. b) Review contractors work program and advice on need for corrective measures in cases where such matters are referred by the Engineers.
22. Review the works progress in accordance with agreed milestones and work schedules and provide regular updates to including need for increasing resources and 1 or change in work plan for timely execution. 23. Certify the compliances to the observations made during the earlier visits; and provide overall opinion on the quality of works based on audit done.

\\

e apparatus and equipment for the field testing shall be procured by the Firm at its own cost. The shall be Eree to take back these apparatus and equipment on completion of the contract. The tests shall include all common tests as specified by technical specification and as prescribed by BIS'. Where use of back office laboratory is necessary, consultants will take the samples and get it tested in accreditedJapprovedlaboratories. The minor testing equipment includes as but is not limited to: sieves and weights, moisture meter, soil density meter, temperature recorder, surface f*sh recording instruments such as straight edges, measuring tapes, calipers, etc. for 'on spot field testing' of material and workmanship.

These may include (but not limited t ) IS 3764: C o involving use of hot bituminous materials etc.

National C~clone Risk Mitigation Proiect Consultancy services for Third Partv Oualitv Audit (TPOA) - Contract Agreement

25. In case any specific quality testing is required by the PIU for any work within the site, it shall be carried out and report shall be furnished with a reasonable time.
26. To the extent possible field testing and sampling shall be done in the presence of EngineerIContractor's representative and the process should be photo documented with geo tagging. 27. The Consultant will use approved laboratory in the region which will be first inspected and recommended for accrediting by Consultant under the project by PIU. The identification and certification of the testing agency will be specific to the tests that can be carried out in a particular laboratory.

28. The Consultant may propose alternative independent testing laboratories also. Full details and information on the testing laboratories are to be provided. On approval the alternative laboratories may be used. 29. Some field visits shall also be carried out without advance information to be decided randomly. 30. Upon field inspection and tests the Consultants, where required and in critical cases through the Engineer in Charge shall arrange to issue 'stop work' notice to the contractors and assist in remedying the defects. This shall be done only in exceptional cases where continuance of works may jeopardize the ultimate quality and safety of structure, safety of workers and of third parties etc. 31. The Contract Documents are the basis of all works to be undertaken under the Project. These are standard documents which will be made available to the Consultant. 32. Annexure I contains a list of indicative quality checks on materials, equipment and appurtenances that should not be considered as limiting. In consultation with the other consultants, PIU and line Departments; based on Annex I ,the specifications in the bid documents and relevant standards; prepare standard Quality Assurance Plan (tests, stage, frequency, standards to be complied, guidance on judging fiom test results, critical workmanship requirements, critical stages of work that require Engineer's presence "as a must" etc.) for various types of works to be audited and formats for documenting the quality test results and reporting of such tests. Update the Project monitoring system 33. The Consultant would facilitate the implementing agencies in uploading the site visit reports, audit findings, suggested corrective action, status of completion of corrective action etc. in the project monitoring system or in such monitoring system that may be designed for NCRMP.
COMPLETION OF TASKS

he consultancy will be initially for a period of two years which can be extended later with mutual consent if performance is satisfactory. The PIU will facilitate for the Consultant to conduct audit as per

35. The key deliverables for the assignment along with respective timelines are as follows:

National Cvclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPOA) - Contract Ameement

Report. Next years-Within 7 days from end of financial year (subsequent years) Quality Assurance Plan Weekly Audit Report Month By the end of 2nd Within 3 days of completion of week. Immediate

I report/ Critical issue

reports

I Non compliance event

Monthly progress report Quarterly Summary Report Annual Review Report Final Review Report Presentation to the SPIU on the findings of the audit and suggestions

II

Within seven days of the end of reporting month Within 15 days fkom end of quarter

I Within 15 days from end of financial I

Completion of the Consultant's contract. Every quarter

TEAM COMPOSITION AND ESTIMATED MAN MONTH INPUTS

36. Estimated input for the first 18 months of consultancy services is around 474 man-months. However, depending on the number of sites getting approved in subsequent years, the number of man-month requirement may go up. The total estimated man-month requirement for the duration of the project is about -948-6man-months. However the details of the man-month input can be finalised at the inception stage7.
37. The list of sites proposed to be audited in the first year has been provided as Annexure 1 . 1

38. The consultant's team (in one state) shall be organized as follows:

11
l

Project Management

Project Manager Environment Management Expert Social Management Expert MIS specialist Deputy Project Manager : 3 Site Engineers (Civil): 18 o Roads, bridges and culverts o Cyclone Shelters Field Staff (Electrical, Environmental & Social): 9 Support Staff: 4

I
One position each at the state level

Three Deputy Project Managers at these locations viz. one at Visakhapatnam, one at Eluru (West Godavari district) and one at Prakasam. A team of engineers and field staff will be deployed in each district. The number of engineers in each team may vary depending on the construction activity in progress in the district.

The state will calculate --month input based on & The team mobilization plan and ac

Ex- Officic Prj %@@@$S%&@ Revenue Department A. P Secretariat HvderaM .

National Cvclone Risk Mitigation Proiect Consultancy services for Third Partv Quality Audit (TPOAI - Contract Agreement

CONSULTANTS TECHNICAL APPROACH AND METHODLOGY

39. The consultant's technical approach and methodology is shown at Annexure-HI.

REVIEW MONITOIUNG OF CONSULTANTS WORK AND

40. Consultants performance and quality of work will be continuously reviewed by the PIU.

41. There would be formal review, annually by a committee set up as below at PIU at the inception stage. Unsatisfactory performance will invite action including pre closure of contract in accordance with the contract provisions. -- Project Director Chairman Members -- Sectors Specialists (Roads, Bridges & Embankments) Member -- Environmental Expert Member -- Social Management Expert Member -- MIS Specialist Member Convenor --Project Manager

Page 36 of 124

National Cyclone Risk Mitigation Proiect Consultancy services for Third Partv Qualitv Audit (TPOAI - Contract Agreement

INDICATIVE TEST REQUIREMENTS

An indicative list of tests on material and workmanship is listed here, which is to provide guidance to the Consultant. This list is not exhaustive and all the necessary tests on materials in accordance with contract documents, relevant specifications and good engineering practices need to be carried out to meet the objective of quality inspection which is to ensure that the works are carried out in conformity with required standards and specifications.

A.

Civil Works

The main materials to be inspected are as follows: a Reinforced concrete a Building works a Road materials a Building service appurtenances and associated works a Soil tests
1. Reinforced concrete

The relevant tests are included in the standard specifications; they shall include but not be limited to the following: Cement 1. Consistency test Initial and final setting time test Compressive strength test Soundness test Fineness test Sieve analysis test and grading. Bulk density test Flakiness index test Elongation index test Water absorption test Aggregate impact value test Abrasion resistance test Crushing value test specific gravity Aggregate crushing value Sieve analysis test Silt content test Specific gravity Uniformity CO-efficient Effective size Percentage of impurities Loss on ignition Acid Solubility Bulkage of sand Suitability for use in concrete e.g. pH etc Cube Test 1. Tensile test- 0.2% proof stress,

Coarse Aggregate

1. 2. 3. 4. 5. 6. 7. 8. Test for water Concrete Reinforcing Steel 1.

l,a9,

Tests for Reinforced Concrete Membr

National Cyclone Risk Mitigation Proiect Consultancy services for Third Party Ouality Audit (TPOAI - Contract A~eement
I

1.

Rebound hammer test

In certain cases extraction of cores shall be carried out.

2. Building works

Structural steel

Tensile test Bend test Thickness of galvanising Compressive strength test Water absorption test Efflorescence test Dimensional tolerance Compressive strength test Water absorption test Density test Water absorption test Wet transverse strength test Abrasionlwear resistance test Water absorption test Wet Transverse strength test Abrasion I wear resistance test Crazing test Thickness of sheets Thickness of galvanising Tests for permeability and compatibility Performance tests Thickness Dimensional verification, physical examination and relevant tests.

Bricks

Blocks

Tiles

Ceramic tiles

Galvanised sheeting Water proofing compounds Paints Plumbing and sanitary fixtures

3. Tests for road materials

The relevant tests are included in the standard specifications; they shall include but not be limited to the follow in^: 1.Soil Gradation 2. 3. 4. 5. 6. 7. 8. Granular Sub-base Atterberg Limits Natural Moisture Content Swelling Index (in case of expansive soils) Dry density1proctor compaction CBR Value MDD & FDD values Thickness Grain size analysis and Plasticity Index
U

CO

Revel , u e Department

A P. Secretariat Hyderabad .

c -*-S-@ -

Page 38 of 124

National Cvclone Risk Mitigation Prolect Consultancv services for Third Partv Oualitv Audit (TPQA) - Contract Agreement
1

WBM

1. 2. 3. 4. 5. 6. 7.

Aggregate Impact Value Gradation of Aggregate and Screenings Flakiness Index Camber Thickness of layer Width of metal layer P.I. value of screening

A. Aggregate : 1. Aggregate Impact Value 2. Gradation 3. Flakiness Index 4. Stripping Value 5. Water Absorption B. Bitumen1 Modified Bitumen Penetration, Ductility, Softening Point, Specific 1. Gravity, Water Content, Flash Point, Viscosity, Loss on Heating, Solubility in Trichloroethylene. 2. Wax Content 3. Elastic Recovery 4. SeparationTest C. Bituminious Emulsion Sieve Test, Stability to mixing with course 1. aggregate, Viscosity, Storage Stability, Particle Charge, Miscibility with water D. Workmanship 1. Temperature of Binder 2. Thickness 3. BT Content Concrete
1. 2.

P-

Slump test; Grading of aggregate 3. Temperature Measurement; 4. Unit Weight and Yield 5. Air Content; 6. Strength Tests; 7. WaterICement Ratio; 8. Time of Setting 9. Accelerated Curing 10. Chloride Content; and 11. Bleeding of Concrete

4. Building service appurtenances and associated works Test requirements shall include but not be limited to the following: Valves 1.
2.

Visual and dimensional checks Review of material test c&fi&Pi ~r &eS pc'pt V to Govl Rever me Department est/leakage test as per

A.

P. Secretariat Hyderabad.
Page 39 of 124

National Cvclone Risk Mitigation Proiect Consultancv services for Third Party Quality Audit (TPQA) - Contract Agreement

Manhole covers and other covers

1.

Witnessing Load test as per relevant IS codes

5. Soil tests for Saline Embankments

Classification of soil and its suitability Check Optimum moisture content including proctor density Review of Safe Bearing Capacity of soil Review of Liquid Limit, Plastic Limit & PI value of soil, frequency of field compaction test conducted by the Executing Agency. b. Stone product test for structures Abrasion Test (spurs, launching apron and revetment) Water absorption test Soundness l Impact Test Mechanical and electrical works: List of mechanical and electrical items required to be inspected by third parties Mechanical Pumpsby type Electrical Motors by type Electrical starters Electrical panels Switchboards Motor control panels DC distribution panels Induction-cum-enunciation panels Bus ducts Battery chargers Transformers HV/MV/LV Power Voltage Current Capacitors Level switches Electrical cables Miscellaneous ghtening arrestors and essential fittings Cable trays Any other items as specified in the contract documents

a. Soil Tests

r these works are as follows: pumps Motors

m-offici Pr, S e c r r t ~ r Vfo OOM Revenue Department

A. p. Secretariat ~ ~ d e r a b a d .
Page 40 of 124

National Cyclone Risk Mitigation Proiect Consultancy services for Third Party Oualitv Audit (TPOA) - Contract Afzreement

Capacitors Cables Pipe and special Valves Diesel generator sets Pumps Review of material test certificatefor pump casing, bowls, shaft, impeller bearings, column pip etc. Review of heat treatment certificate if any Review of dynamic balancing or rotating parts 1 impeller Examination of the shaft Witnessing Hydro test of casing Witnessing performance test at 49 Hz and 50 Hz frequency including vibration measurement covering following tests: Capacity in LPMJLPS Delivery head in metres Efficiency at the specified duty Power absorbed by the pump at the specified duty NPSH required Maximum power required by the pump Shut off head of the pump Discharge of the pump when only one pump is operated in the system Delivery pressure when only one pump is operated in the system Power absorbed by the pump when only one pump is operated in the system Efficiency of the pump when only one pump is operated in the system Visual and dimensional check Strip test Speed test at 49 Hz and 50 Hz frequency Witnessing performance test at 49 Hz and 50 Hz frequency including vibration measurement covering following tests: Capacity in LPMILPS Delivery head in metres Efficiency at the specified duty Power absorbed by the pump at the specified duty NPSH required Maximum power required by the pump Shut off head of the pump Discharge of the pump when only one pump is operated in the system Delivery pressure when only one pump is operated in the system Power absorbed by the pump when only one pump is operated in the system Efficiency of the pump when only one pump is operated in the system Visual and dimensional check Strip test Speed test at 49 Hz and 50 H frequency z Dynamic balancing of rotor and visual examination of rotor assembly Visual inspection and testing of stator assembly Review of test certificate for conductor, stator coils, shaft bearings etc. Witnessing routine test no load and load test vibration measurement as per IS Verification of type test report Visual and dimensional check Tests as specified in Review / witnessing test on gear boxes worm/helical relevant IS or Special Specifications 1. Visual inspection, dimensional check and verification of bill of materials Review of iron losses and copper losses test at 90% of the rated voltage, 100% rated voltage and 110% of the rated voltage e test at HV side and LV side

Transformer

Capacitor

ts, temperature rise test, impuie&i$#&&g D~S~STP~ M a aqement t as per 1S:2834 suc as s tes

kx-

eaffk br L,Pcrptarv to ~ o v t . ever & ~ f i & & k % f

it

A. P. Secretariat Hyderabad.

National Cvclone Risk Mitigation Proiect Consultancv services for Third Party Oualitv Audit (TPOA) - Contract Agreement

Cables

Pipe and specials

outpudcapacitance, insulation resistance test between terminals. Containers and loss angle measurements, test for efficiency of discharge device, test for dielectric loss angle, thermal stability test, self healing test, voltage test between terminals. 1. Visual and dimensional check 2. Witnessing routine test as per IS: 1554 3. Witnessing insulating test, resistance test, current rating test, star reactance test, star capacitance test, short circuit current test, voltage drop test 1. Visual and dimensional check Review of chemical and physical test certificates as per the relevant Indian Standard specifications Witnessing hydrostatic pressure test as per the relevant Indian Standard specifications Checking the integrity of epoxy lining for MS pipes at joints after laying and jointing pipes Visual and dimensional check Review of material test certificates for valve body and internals Operational smoothness Witnessing hydrostatic tesdleakage test as per applicable code Review of tests as specified in relevant IS or Special Specifications

Valves

9
5.

Diesel generating sets

1. 2. 3. 4. 1.

Quality Checks On Materials, Equipment and Appurtenances

These lists are not to be considered as prescriptive. The Consultant is to develop a more detailed approach before commencing work in the field. C. Overhead water tanks

The quality monitoring 1 auditing of various works shall be included but not be limited to the following: 1. Quality of materials 2. Quality of construction of various construction works at various stages 3. Witnessing the performance tests 4. Performance of the various mechanical equipment in treatment plants Quality of materials Physical examination of materials brought to the site Perusal of test reports on materials furnished by the construction agency from time-to-time and also ensuring the frequency of such tests to be as per relevant standards Randomly selecting the samples at site and conducting necessary test for c o n h a t i o n Quality monitoring during the construction stage (a) Structure: g the soil encountered at site with respect to soil test reports furnished and also checking cy of type of foundation system proposed to be adopted with respect to site condition checking grid markings Checking the fabrication of reinforcement and dimensions Witnessing concreting of foundation systems and reviewing the reports of cube testing Superstructure Checking the fabrication of reinforcement, formwork, cover, etc. Checking the facilities available for the concreting, curing, etc. inforced concrete members whether they are in acco Witnessing the conc ctures and witness@@(!Jfi$q$ion l%sm~~Wr Govt v to Revenue Department

*. P* secrgra&?fir&9994=J

National Cvclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPOA) - Contract Ameement

Miscellaneous items Checking the quality of pipes and pipe appurtenance Quality of water proof plaster on the interior surface Galvanised items Tests on finished structure Conducting non-destructive tests at random to ascertain the qualitylstrength Witnessing the hydraulic tests on water retaining structures
3. Mechanical and Electrical Works

Effectiveness of earthing systems Effectiveness of lightening arrestor systems Evaluating the performance of various mechanical equipment installed in various units in relation to the specification requirements
D.

Quality monitoring during construction of pipelines Checking pipe work excavation levels, randomly Checking effectiveness of pipe joints Inspection of manholes, chambers and other structures - Base levels and concrete thickness - Walls Roof slabs and covers Checking sewers for water tightness

Quality monitoring of building works The total quality monitoring of various works will be included but not be limited to the following: 1. Quality of materials 2. Quality of construction of various works during different stages of construction. 3. Performance of mechanical and electrical equipment and systems. Quality of materials The checking of quality of materials includes: Physical examination Review of test reports Collecting representative samples wherever possible and conducting necessary tests for confirmation Informing the concerned agencies regarding the acceptance of material or otherwise Witnessing the performance tests on machinery carried out by the manufacturer at his factory, before dispatching to site. Quality monitoring during construction During the course of construction, independent unannounced visits shall be made to check the quality of construction. The visits shall be made at the following stages: dation with respect to the soil reports and its suitability as bearing strata

,shuttering and dewatering arrangements.

le foundation is adopted, verify the results of test piles (if done), otherwise conduct test pile for results. Check the pile work being conducted at the site. Dimensional verification of selected footings Checking the layout marking and centre lines, at random Checking the reinforcement fabrication, at random checking the concretin and witnessing concreting of a few footing at random ter) for concreting including use of sweet Plinth stage

Revenue Department 4. P. Secretariat Hvderabad __.

National Cyclone Risk Mitigation Proiect Consultancv services for Third Party Ouality Audit (TPOA) - Contract Agreement
l

Checking the quality of stone masonry with emphasis to quality of stones, joints, joint materials, etc. Checking the reinforcement fabrication of plinth beams at random Checking the quality of concrete in plinth beams, at random Checking the adequacy and compaction of floor filling, at random Lintel stage Checking the quality of wall masonry with emphasis to joints, joint mortar, curing, etc. Checking the quality of column concrete Checking the reinforcement fabrication of lintels, at random Checking the quality of concrete in lintels Roof stage 1 slab stage Checking the quality of centering, shuttering and formwork, with emphasis on lines and levels, joints and safety considerations Checking the reinforcement fabrication of selected panels Checking the arrangements for concreting, vibration and curing Checking the concrete while concreting, with respect to m x proportion, w/c ratio and compaction. i Casting independent set of cubes for verification of strength Checking steel sheet fabricators for roof, roofbg sheets and fencing and fixings. Finishing stage Checking the quality of flooring with respect to levels and smoothness at random Checking the door and window opening locations Checking the quality of joinery with respect to workmanship and fixtures, at random Checking the plaster in walls and ceiling with regard to proportions, line and level and curing, at random Checking the finishing works at random, such as painting, dadooing, fixing of ceramic tiles, fxing of sanitary fixtures, steel grill works, etc.

Mechanical and electrical works The standard and special specifications shall be referred, to determine the scope of the work to be undertaken. Test of earthing and lightening protection systems shall be included. F. Quality monitoring during construction of landfills Checking the level of excavation, plan dimensions and side slopes Checking the type of soil available and its uniformity in the site il with respect to its suitability for mixing with bentonite in achieving required nite and compaction of layers through testing on compacted layers thickness of mixed liner through physical measurement at representative locations thickness of HDPE liner Checking the efliciency of jointing through appropriate tests laying of HDPE liner

Dis EX- Offici

Pr' Se

Reverlue Department

A. P. ~ecre~aF&&&/f'ki!$

National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPOA) - Contract Agreement

LISTOF SlTES PROPOSED TO BE AUDITED IN THE FIRST YEAR

U Name of Name of the

PANCHAYATI RAJ DEPARTMENT MULTI JRPOSE CYCLONE SHELTERS (MPCS)

I

the Diswct

Mandal

Package no NCRMPBW/AP/MPCS/PRED/Ol / KavitiIOO 1 NCRMPBW/AP/MPCS/PRED/OlI SompetalOO2

Name of Village for Cyclone Shelter

No. of CS in each package

Total No. of CS in the dist

Idduvanipelam Gollavooru Amalpadu

Srikakulam

F F
Vajrapukothuru Santhabommali Gara Etcherla Pusapatirega Bhogapuram

I Vajrapukothuru

NCRMPBW/AP/MPCS/PRED/Ol/

Angavanipeta Ch.Batsalavani~eta U.Narasingupalli Bypalli

NCRMPBW/AP/MPCS/PRED/Ol /

palam Kollipadi

Runku
Kommaravanipeta Korlam Perlavanipeta Ragupalem

NCRMPBW/AP/MPCS/PRED/Ol / Gad006

NCRMPBW/AP/MPCS/PRED/Ol/ LaverulOO7 NCRMPBW/AP/MPCS/PRED/Ol/ Ranasthalaml008 NCRMPBW/AP/MPCS/PRED/Ol / RanasthalamlO09

Kommaravanipeta Ch.Kowada Donipeta

'

POthyyaPeta

NCRMPBW/AP/MPCS/PRED/Ol / Moosavanipeta EtcherldO10 NCRMPBBarripeta W O W/AP/MPCS/PRED/O2/ , p a t h h d a PusapatiregdOO1 NCRMPBWIAP/MPCS/PRED/02/ BhogapuramlOO2 -cRMP/BThotapalli

C
Re\

A. P.

rtment iyderabac

Page 45 of 124

National Cvclone Risk Mitigation Project Consultancv services for Third Partv Oualitv Audit (TPOAI - Contract A ~ e e m e n t

Nakkapalli

NCRMPBW/APIMPCSIPRED/O3/ Nakkapallil002 NCRMPBWIAPIMPCS/PRED/O3/ Payakaraopetal003 NCRMPBRambilli/O04 NCRMPBW/APIMPCSIPRED/O4/ ThondangiI001 NCRMPBWIAPIMPCSIPREDIO4l UppalagupthalO02 NCRMPBW/AP/MPCSIPRED/O7/ NizampathadOO1 NCRMPBWIAPIMPCSIPREDIO7I

l Bangarrampeta
Mullaparra
I

Patimeeda Ratnayampeta Venkayyapalem Avulamanda Laxmanudipeta Pedaraghavulupeta

Payakaraopeta Rambilli Thondangi East Godavari Uppalaguptha

-

l
I

l
2

Nizampatham

Repalle Ulavapadu

-lChakicherla Pakala Main EPW Pattapupalem Pathapalem of

At Harbour of Nizampatnam villa e Nakshatranagar of Kotha~alem Mollagunta of Katta

I ]
1 1

Ulavapadu/OO1 NCRMPBPrakasam S. Konda S. Kondal002 NCRMPBN.G. Padu N.G. Padu/003 NCRMPBMuthukw

I
I

Nellore Bogole

NCRMPBW/APIMPCSIPRED/09/ BogoleI002

Tenkayachetlapale m Chinna Ramudupalem Indhira nagar colony of Tummalapenta Karetivaripalem Pallipalem of Thummalapenta PedaNattu Ranudi Pallipalem Srirammam - I1

Kavali

NCRMPBW/APIMPCSIPRED/O9/ Kavali/O03

Heve iie ' Pa e$ A P. ~ecr&an

National Cyclone Risk Mitigation Proiect Consultancy services for Third Party Oualitv Audit (TPOA) - Contract Agreement

VidavalurlOO4

Venkatareddy palem Total

55

PANCHAYATI RAJ DEPARTMENT ROADS TO CYCLONE SHELTERS (RCS)

- -

S1. No.

Name of the Districi

Name of the Mandal

Package no.

Name of the Road

1 No of Roads I in each
package
L

Total No. of Roads

NCRMPBW/AP/RCS/PRED/ 0 1N . K o W 0 0 1

Road fiom Chinnavanka to Gopaladavooru Road from M 'peta Road to Kondavooru and to Cyclone Shelter Road fiom R&B Road to S.J. Puram Road from Kotha~eta Road to Sainooru cyclone Shelter Road from NP Road to URK Puram Deppuru Bahadapalli road to

I
4

1
NCRMPBW/AP/RCS/PRED/ 01N.KoW002

Cyclone Shelter Road fiom R&B Road BorubhadraUdayapuram Road to Malagam Santhabommal
1

Road from DPN Road Meghavaram to K. Lingudu Road from R&B Road Meghavaram to Sandipeta Road fiom R&B road Ch.Gollagandi To Gollagandi

Srikahlam

l
1

Sompeta

Polaki Etcherla

NCRMPBW/AP/RCS/PRED/ Ol/Polaki/004

Road fiom R&B road to Magathapadu via Killibuchannapeta Road from Koyyam R&B road to

Ranasathalam

Laveru

<lOjOl,
Road fiom Patnavanipeta to

Road fiom Kotcherla road to Kollibheemavaram & Cyclone Shelter Road from Kotcherla road to

National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Oualitv Audit (TPQA) - Contract Agreement

Road from R & B Road to Gudepuvalasa Cyclone Shelter Bhogapuram Road from R&B road to Kavulawada Cyclone shelter Roluchappidi Cyclone Shelter Road from R&B road to B.G.Peta Pusapatirega
6

Vizianagar m

NCRMPiBW/APIRCSIPRED/

WO of Chintapalli

Chinapathiwada Cyclone shelter

Anandapuram

Yellamanchili

NCRMPiBWIAPIRCSIPREDI D3/Anandapuram/O D1

Road from NH5 to Kallivanipalem Cyclone Shelter Road from NH 5 to Ramaraidupalem

L

Visakhapat nam Rambilli

KxWP/BWIAPIRCSIPREDI 13/Rambili/002

Road from R&B road to Rajakoduru Road from R&B road Kattubolu to Marripalem Road from R&B road to Gorapudi Road from R & B Road to Krishnampalem
I

Nakkapalli

NCRMPiBW/AP/RCSIPREDI 03/Nakkapalli/003

Road from R&B Road Pedateenarla to Chinateenarla Road form Upmaka-Rajayyapeta - -- R&B Road to Janakayyapeta Approach road to cyclone shelter at Adavipudi Road from PR Road to P. Isukapalli

I
2

I
1

Karapa

J. Kothapalli

QCRMPiBNIAPIRCSIPREDI 14m. Cothapalli/002

H
Thondangi
7

KxMP/BNIAPIRCSIPREDI M/Uppalaguptham/ l03

1
Road from R&B road to 3amanthakum Cyclone shelter 3hinaraghavalapeta cyclone shelter
I

Coad from R&B Road to G.

~~rf7missioner 1

National Cvclone Risk Mitiyation Proiect Consultancv services for Third Partv Ouality Audit (TPOA) - Contract Agreement

Machilipatna m

Road from R & B road to Hukumpeta cyclone shelter Road from R & B road to K. Chodipallipeta Road from R & B road to Gaddipeta Road from R&B Road to P. Chodipallipeta Road from Potlapalem ZP Road to Pothepalli NCRMPARoad from Kammavaricheruvu W/AP/RCS/PRED/ R&B road to Tumalapalem 06Nachilipatnam/O Road from R&B road Chennapuram to Gundupalem 0f Road from Bhogireddipalli R&B Road to Ramakhandam Road fiom R&B road to NCRMPAW~APIRCS/PRED1 O7IPV Yadavapalem Road fiom Ganapavaram R&B Road to Pedamarpuvaripalem Road from R&B Road to Chinapuluguvaripalem From R&B road toYaramvaripalem Road from R&B Road to Pedagollapalem Cyclone Shelter Pedagollapalem P.R road to Bonthagorlapalem Road from R&B Road to Gurunadhanagar Road from R & B Road to Adavala HI0 Bavajipalem Road from R & B Road to I Atlavaripalem I Road from R & B Road to Chintavaripalem Road from R & B Road to , Hanumanthanagar Road from R & B Road to I Adarsanagar I Road fiom R&B road to Cyclone Shelter at. ~ankevearipaleh Road from R&B road to Jeevarakshanagar Cyclone Shelter Road from R&B road to Vijayanagar Colony Cyclone Shelter Road from R&B road to Ramanagar Cyclone Shelter Road fiom NH Road to Challareddypalem Road fiom R & B Road to Devinuthala. Cyclone Shelter Road fiom R&B road to

PV Palem

Karlapalem Guntur

NCRMPAW/AP/RCS/PRED/ 07/Karlapalem/002

NCRMPAW/AP/RCS/PRED/ 07/Nizampatnam/O 03

Bapatla

NCRMP/Bw/AP/Rcs/PRED/ 07Aapat1d004

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I

Vetapalem
/

NCRMPAW/AP/RCS/PRED/ 08Netapalem/001

Chirala

NCRMPIBW/AP/RCS/PRED/ 081Chirald002

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National Cyclone Risk Mitigation Proiect Consultancy services for Third Party Ouality Audit (TPOA) - Contract Agreement
1

I WlAP/RCS/PRED/ 1 Madanur
Kota 08iTanguturlOO3 NCRMPIB-

1 Road fiom R&B road to A.S Puram

Road fiom R&B Road Kappalapadoruvu to Bandlapalem H.Wada Road fiom 918 of Zuwaladinne R&B Road to C.R.Palem
L
I

Muthukur

NCRMPIBWIAP/RCS/PREDl 09NuthukurlO02 NCRMPIBWIAPIRCSIPREDI 091~ogolel003

1

1
Chillakur NcRMPIBWlAP/RCS/PREDl 09lChillakurl004

I Road fiom R & B Road

,

Lingavaram to Narravaripalem Via Thallabyta, Mannegunta Road fiom Kakuvaripalem R & B Road to Vellapalem Road Road fiom 712 M.C Road to Venkannapalempattapupalem Road connecting R&B Road O village ~ through V

=S.GUdur
I

NCRMPIBWIAP'RCS/PRDI 09/T.P.Gudur/005 NCRMPIBwlAPIRcsmRED1 09/Kavali/006

1
1

Kavali

I
Kavali

NCRMPIBWlAP/RCS/PRED/ 09lKavali/O07 NCRMPIBWlAP/RCS/PREDI 09/DV.Satram/008 NCRMPIBWIAP/RCS/PRED1 091Tada/009

I Road from Kotha Satram R&B to

Indrsanagar Via Thumalapenta palem,Patharavadu Palem,Ramudu Palem, Karaduvari Palem & Sreeramapuram 1

DV.Satram

Road fiom R&B road Sullurpeta Mallam to Berijiangalapalli Cyclone Shelter Road fiom @ Km 5618 to CK Road to periYave& Kuppam Cyclone Shelter Road fiom @ Km 5210 of CK Road to Chinnapannamgadu Cyclone Shelter

'

Total

Revel , u e Oepartment
A . P. Secretariat Hvderabad.

Page 50 of 124
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National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Quality Audit (TPOA) - Contract Arrreement

PANCHAYATI RAJ DEPARTMENT ROADS TO HABITATIONS (RHB)

Name of the District

Name of the Mandal

I
Package no. Name of the Habitation Road from B.M ( R&B ) Road to Simmayyapeta Road from R&B road to Marripadu

No. of Roads in each package

Total No. of Roads

Santhabom mali

NCRMPIBW/APIRHBIPRED/O 1lSanthabommali/OO 1

Road from R&B Road to Kakarapalli Road from R&B road tp Marripadu Road from R&B road to Pethalingapuram Road from DPN road to Gangaram Village via Palatalagam, Srikrishnapuram Road from Akasalakkavaram road to

Santhabom mali

road to R.H. Puram via Gollapeta, NCRMPIBMalapeta WIAPIRHBIPREDIO l/Santhabommali/OO Road from DPN road to Meghavaram Noupada road to R.S. Palli via Rama 2 temple Repairs to road from Umilada road Jaganadhapuram road via NCRMPIBWIAPIRHBIPREDIO llSanthabommali/OO Road from Borubhadra, Malagam to Kollipadu via Seepuram, Gantapeta Road from DPN R&B road to Udandapalem Road from K. Umilada Junction To Koduru (LinkRoad)

4
A

Santhabom mali

Kavity

NCRMPIBWIAPIRHBIPREDIO Road from R&B road Manikyapuram to Onturu lffivitylO04 SJCRMPIBWIAPIRHBIPREDIO Road from R&B road Edulavalasa Killam to Jonnam via Tlasamudram Road from R&B road Mobagam to Dubbakavanipeta via Gajapathinagaram

Polaki

Polaki
I

Polaki

NCRMPIBWIAPIRHBIPREDIO Road from R&B Road l/Polaki/OO6

Polaki Pusapatireg

Road fiom Talasamudaram to Dola

A. P. Secretariat Hydc Page 51 of 124

National Cvclone Risk Mitigation Proiect Consultancv services for Third Party Oualitv Audit (TPOA') - Contract Ameement

Pusapatireg a

Road from NH5 to Kandivalasa NCRMPBW/AP/RHB/PRED/O 2/Pusapatirega/OO2 Road from R & B road to Boddugurrayyapeta NCRMPBW/AP/RHB/PRED/O 2BhogapuradOO3 NCRMPBW/AP/RHB/PRED/O 3lNakkapallil001 NCRMPBW/AP/RHB/PRED/O 3lNakkapallil002 NCRMPBW/AP/RHBlPRED/O 3/AnandapuramlOO3 Road connecting R&B Road through Thallapalli village

Bhogapura m

Nakkapalli

Road from Vempadu to Patimeeda

Nakkapalli

Road from R&B road to Mulaparra upto Beach end

Anandapura m Paravada

Road fiom R&B B.P Kallalu to Matchvanipalem Road fiom R & B road to Pothu Rajannapalem Road fiom R & B road to Jalaripeta Road fiom R & B road to Rajavaram

Visakhapatna m

Payakaraop eta

NCRMPBRoad fiom Rajala R & B Road to W/AP/RHB/PRED/O Rajaraidupalem 3/Payakaraopeta/OOS Rambilli Road from R & B Road to Gajareddipalem via Venkayapalem Road fiom PudimadakaKothapatnam R & B road to Sethapalem Road from R & B road to Venkayyapalem Atchutapura m Road from R&B road to A. Somavaram Road from R&B road to Avarajam Road fiom Gurajanapalli to Bandulavaripalem NCRMPBW/AP/RHB/PRED/O

Rambilli

Karapa East $bciqari

Road from R&B road to Mansurivaripeta

er topage 52 of 124

Revenue oepartment p. Secretariat Hvderabad

National Cyclone Risk Mitigation Proiect Consultancv services for Third Partv Ouality Audit (TPOA) - Contract Ameement

Road fiom R&B Road to Thorangi cyclone shelter Katreni kona Road fiom PR road to Dasarivanipeta and to Cyclone Shelter Road fiom PR Road to K.Isukapali

U. Kothapalli

Buchireddypalem and to Cyclone Road from R&B Road to Dadalapalem Road from R&B road Ravivaripadu to Bandipeta
I

Mogaltur

Road form NH 2 14 A at Ragna Statue center to Harijanawada of Kalipatnam (E) R&B Road at Panchayat Office to Pulaparthivarithotavia Badava NCRMPBMogaltur Vempa R&B Road at WIAPIRHBIPREDIO Uchintha Kalava Bridge to 5NogalturlOO1 Gogulamma Harijanapeta From Narsapur Mogaltur R&B road ~enkateshwai Swamy temple Road fiom NH 2 14 A road to

1
1

West Godavari

Narsapur

NCRMP/BWIAPIRHBIPREDIO S/Narsapur/O02 Chillapalemm of LB Cherla

Kalla

From A-U R&B Road to Satyanarayanapuram From A-U R&B Road to Mekaladibba

1
2

vlachipatna m

Road connecting R&B road through 3antalammapalem

I
1

3hikativanipalem toad fiom Inthem R&B Road to

* p. secretariat Hvd.rabaBT Revenue Department

National Cyclone Risk Mitigation Project Consultanc~ services for Third Party Oualitv Audit (TPOA) - Contract Agseement

Kruthivennu

6/Kruthivennu/O03

Road from R&B road to Cyclone Shelter at Chandala

Karlapalem

Road from R&B road to Manikattava NCRMPBW/AP/RHB/PRED/O 7Karlapalem/001 Road from Ganapavaram R & B Road to Kesavapuri ST Colony R&B road to Mohammad Alipalem NCRMPB-

Nagaram

Wgz$E,""

Katurivanipalem

Page 54 of 124

National Cvclone Risk Mitigation Proiect Consultancv services for Third Par@Oualitv Audit (TPOA) - Contract Agreement

Road from Pakala ZP Road to Aulavaripalem Cyclone NCRMPIBshelter WIAPIRHBIPR Road from R&B Road to EDl081S.Kondal Somarajupalli 00 1 Road from R&B road to Narravaripalem Road from NHS to Mulaguntapadu -. . Road from R&B road to Chalivendradibba Road from Pakala R&B road Binginapalli Harijanawada NCRMPIBWIAPIRHBIPR Kothapatnam EDlO8Kothapat nadOO3 NCRMPIBWIAPIRHBIPR Kothapatnam EDlO8iKothapat nadOO4 Road fiom R&B Road Allur to M T Raju colony Road from KEM R&B Road to Sankuvarigunta Road from KEM R & B Road to Pullareddypalem Road from Chinnaganjam RLY gate on R&B Road to Bethalavaripalem Prakasam Chinaganjam NCRMPIBWIAPIRHBIPR EDl08lChinaga njad005 Road from R&B road to Kattamvaripalem Road from R&B Road to AVDK Gollapalem Cyclone Shelter Ongole NCRMPBWIAPIRHBIPR ED/O8/0ngole/O WIAPIRHBIPR EDI08AJlavapa Road from R&B road to Ullchito Pathapadu Road from MC Road to Subbarayudu Satram Road from R&B road Tettu to Ramayapatnam Road from R&B road Pellur to Vasepallipadu

I I
3

Ulavapadu

Ulavapadu

Tangutur

Tangutur