O&M Maharashtra

(Ministry of Road Transport & Highways)
Government of India
Consultancy Services during operation and Maintenance of 2 lane road with paved
shoulders of Mangrulpir to Mahan (NH 161 A from 971/74 b 641/74)
[Designkm.75/000 to km. 107/5001(Total Length = 32.5 Km) in the state of
Maharashtra on EPC Basis mode.
REQUEST FOR
PROPOSAL (RFP)
Chief Engineer (National Highway)

Public Works Department
Government of Maharashtra
Konkan Bhawan, 5th Floor, Room No. 526
CBD Belapur, Navi Mumbai - 400614
February 2024
1
CONTENT
Sr. Page
Particulars
No. Nos.
1 SECTION 1: Information to Consultants

2 SECTION 2: Letter of Invitation
Datasheet
Appendix-EC
3 SECTION 3: Format for Submission of Firms Credentials.
4 SECTION 4: Format for Submission of Technical Proposal.
Appendix B-1-Technical proposal submission form.

Appendix B-2-Site Appreciation
Appendix B-3-Approach paper on methodology for performing the
assignment
Appendix B-4-Facility for field investigation and testing
Appendix B-5-Composition of the Team and Task(s) of each Team
member
Appendix B-6-Curriculum vitae of proposed Professional staff.
Appendix B-7-Time schedule for deployment of Professional staff
Appendix B-8-Activity (works) schedule.
Appendix B-9-Affidavit – Correctness of Experience claimed by the
Firms
Appendix B-10-Integrity Pact
5 SECTION 5: Format for submission of Financial proposal.
Appendix C-1 Financial proposal submission form
Appendix C-2 Summary of costs
Appendix C-3 Breakdown of costs
6 SECTION 6: Terms of Reference.
Enclosure-A
Enclosure-B
Annexure I- Daily Inspection Report in construction period
Annexure II- Daily Inspection Report in O&M period
Annexure III- Weekly Inspection Report in O&M period
Annexure IV- Month of survey for equipment based road condition
assessment
7 SECTION 7: Draft Form of Contract.
2
REQUEST FOR PROPOSAL (RFP)
SECTION 1: INFORMATION TO CONSULTANTS
Sub.: Consultancy Services during operation and Maintanance of 2 lane road with
paved shoulders of Mangrulpir to Mahan (NH 161 A from 971/74 b 641/74)
[Designkm.75/000 to km. 107/5001(Total Length = 32.5 Km) in the state of Maharashtra
on EPC Basis mode.
1. The Chief Engineer (NH), Public Works Department, Government of Maharashtra,

(the ‘Employer’) invites proposals from eligible Consultants for engaging an
Authority’s Engineer (AE) on the basis of International Competitive Bidding for the
following contract package in the State of M a h a r a s h t r a .
TABLE1: DETAILS OF PROJECT

Project
Length Supervision Bid Assignment
S (Km) /
NIT No. Project Stretch Provision in Security period
No Project
Cost Rs. Cr. in Rs. (months)
(Cr.)
Consultancy Services during (Construction
operation and Maintenance of 32.50 km/ Period – 15
2 lane road with paved 150.40 Crore 1.33 Cr. 1,33,000/- months)
1
shoulders of Mangrulpir to
Mahan (NH 161 A from
971A74 b 641574)
[Designkm.75/000 to km.
107/5001(Total Length = 32.5
Km) in the state of
Maharashtra on EPC Basis
mode.
2. Bid must be submitted online at e-tender portal of Chief Engineer (NH), Public
Works Department, Government of Maharashtra https://eprocure.gov.in on or
before 19/07/2024 (Upto 17:30 hrs. IST).
3. Selection of AE shall be as per selection procedures given in the Model Agreement
for Engineering Procurement and Construction. The selected AE shall be intimated
to the Contractor.
4. The proposal shall be submitted in English Language and all correspondence

would be in the same language.
3
5. A Bidder is required to submit, along with its BID, a BID Security of
Rs.1,33,000/- (the "BID Security") in the form of FDR/DD/BG, refundable not
later than 120 (One hundred & Twenty) days from the BID Due Date, except in
the case of the Selected Bidder whose BID Security shall be retained till it has
provided a Performance Security under the Agreement. The Bidders will have an
option to provided Bid Security in the form of Bank Guarantee acceptable to the
Authority and in such event, the validity period of the Bank Guarantee, shall not
be less than 120 (One hundred & Twenty) days from the Bid Due Date, inclusive
of a claim period of 60 (Sixty) days, and may be extended as may be mutually
agreed between the Authority & the Bidder from time to time. The bid shall be
summarily rejected if it is not accompanied by the Bid Security. The Bid
Security shall be in favor of the Executive Engineer NH Division Akola on
behalf of the Chief Engineer, National Highway (PW).
6. Proper Address and E-mail id of concern bank issuing the BG shall be
mentioned on the BG.
The Bid Security will be forfeited:

(a) If a Bidder withdraws its bid during the period of bid validity. Or
(b) If the Bidder fails to accept the Employer’s corrections of arithmetic errors in the
Bidder’s bid (if any), or
(c) If the Successful Bidder fails to sign the contract agreement with the Employer with in
the prescribed period, or
(d) If the Successful Bidder fails to furnish the Performance Security with in the stipulated
time.
(e) Unqualified bidders would be informed regarding their non-qualification, without any
explanation.
7. Chief Engineer (NH), Public Works Department, Government of Maharashtra

intends to appoint a Consultant to act as Authority’s Engineer for implementation
of the EPC project. As per the Terms and Conditions of the EPC Agreement (s), the
Authority’s Engineer shall perform all the duties as per TOR given in this RFP
along with any amendment thereof. The selection of Independent Engineer shall
follow the laid down procedures given in the Contract Agreement signed between
Employer and Contractor.
8. The interested consultancy firms may download the RFP document from the
official website of the Employer w.e.f. 04/07/2024 to 19/07/24 upto 17.30
hrs. The Consultant will be required to pay the non- refundable fee of
Rs.10,000/- towards cost of RFP at the time of the submission, through the
portal “bharatkosh.gov.in” (receipt / document of online payment to be
submitted online on eprocure.gov.in. of the Bid proposal. The RFP will be invited
through e-tendering portal. + 18% GST amounting to Rs.1800/- [Eighteen hundred
only] to be submitted online by consultant under reverse charge mechanism and proof is
to be submitted along with bid in soft copy. Receipt/Document in support of online
payment to be submitted online on eprocure.gov.in and original hard copy to be
submitted with hard copy of bid within 3 days of opening of technical bid. Refer
Procedure under e-tendering for submission of RFP through e- tendering.
For depositing Rs.10000/- Bharatkosh portal Govt of India on
https://www.bharatkosh.gov.in, following shall be followed:
4
Sr. Description Details to be selected in Bharatkosh
no. (NTRP) Portal
1 Ministry Road Transport & Highways

2 Purpose Sale of Tender Documents
3 Pay & Account Office (PAO) 034650-PAO(NH), Mumbai
4 Drawing & Disbursing Office(DDO) 234652-S.E.
9. Unqualified bidders would be informed regarding their non qualification, without

any explanation.
10. The proposal should be submitted by consultancy firms in two parts. The two parts
of the proposal are Part1: Technical Proposal and Part2: Financial
Proposal. For a given EPC Project, Stage -1 of the Evaluation shall consider the
evaluation of the Technical Proposal (i.e. Part 1). The firms scoring the qualifying
marks (minimum 75%) as mentioned in RFP shall only be considered for further
evaluation. Under stage 2, the financial proposal of such firms as selected above
shall be opened and evaluated. Proposals will finally be ranked according to their
combined technical and financial scores as specified in clause 5 of section 2.
12. The total time period for the assignment as Authority’s Engineer will be for
Construction Period of 15 months
13. Consultants may apply either as a sole firm or forming Joint Venture with other
consultants. In case of Joint Venture, the maximum number of Joint Venture
partners is limited to 2 (i.e. one lead + 1 JV partners). Formulation of more than
one JV/association with different partners for the same work is not allowed and all
such proposals involving the firms shall be treated as non-responsive. If the
Consultant submits bids as sole applicant and also in JV/Association with another
consultant, both bids shall be summarily rejected. No Consultant shall submit more
than one bid.
14. (A) The Applicant whether a sole applicant or lead member with joint venture may
include any number of Associate to provide technology in assignment (refer
para10(iii) of data sheet). The Associate firm can provide equipment based road
inspection services for any of the 4 equipment viz., (i) Network Survey Vehicle
including all modules required as per technical
specifications, (ii)Falling Weight Deflectometer, (iii) Mobile Bridge Inspection Unit
and(iv) Retro Reflectometer. However, the Associate(s) cannot be common for 2 or
more bidders. If any Associate is common with 2 or more bidders, all those bids
shall be declared non-responsive. Hence, the bidder may ensure on his own that
the associate proposed by him is not proposed by any other bidder participating in
the same assignment and the bidder is solely responsible in this regard.
(B) In addition, the applicant whether a sole applicant or lead member with
joint venture may also include an Associate for providing key personnel. In such
case, the applicant should submit an MOU with associate regarding role and
responsibility of Associate Company. However the maximum no. of key personnel
from Associate firm during RFP proposal and implementation of contract should
be limited to two (2).
(a) The Applicant, by submitting its Application pursuant to this RFP,
5
shall be deemed to have acknowledged that without prejudice to the
Chief Engineer (NH), Public Works Department, Government of
Maharashtra any other right or remedy hereunder or in law or
otherwise, the Applicant shall be debarred from participating in the
future projects of the Chief Engineer (NH), Public Works Department,
Government of Maharashtra in the following situations If an
Applicant withdraws its Proposal during the period of its validity as
specified in this RFP and as extended by the Applicant from time to
time.
(b) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement.
15. Consulting firms meeting the following criteria are only eligible for applying for
this assignment. Firms not meeting these criteria, need not apply.
* The construction period to be indicated in the RFP by the concerned Technical

Division inviting the RFP.
A). Eligibility criteria for sole applicant firm.
S. No. Experience of the firm in last 3 years AnnualTurnover

Project Supervision/IC ***
1 (a). The firm should have minimum experience of Annual turnover (updated
Project Supervision/Independent Engineer/ average of last 3 years) of
Consultant of 2/4/6**- laning /Bridge project of
aggregate length equal 40% or more of similar the Firm from consultancy
category** for which RFP is invited. business should be equal
to or more than 1 Crore.
1 (b) Firm should also have experience of
Project Supervision/ Independent Engineer/
Authority’ Engineer of at least one project of
similar category of two/four/six**
laning/bridge work of length equal to 40% of
project length.
Additional requirement in case of

specialized projects***
** Similar project means 2/4/6 lane as applicable for the project for which RFP is invited.
For 2-lane projects experience of 4/6 lane also to be considered with a
multiplication factor of 1.5. Experience of 4/6 lane shall be considered
interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2
lane will be considered with a multiplication factor of 0.4, but only for those 2 lane
projects whose cost of consultancy services was more than Rs.3.0 crores. For
standalone bridge projects, experience in bridge work (either standalone project or
as a part of road project) only be considered.
*** In case the project includes any specialized nature of work such as tunnels, specialized
structures etc. in substantial quantum, this requirement may be suitably included.
6
B) Eligibility Criteria for partners in case of JV (not more than 1 JV partners
shall be allowed) shall be as under:
The lead partner must fulfill at least 50% of requirements at 1(a) of table in para
(A) above and other JV partner should fulfill at least 30% of eligibility criteria as
indicated at 1(a) of table in para (A) above. Also the lead partner and JV partner
jointly should meet the eligibility criteria as mentioned at 1(a) of table in para (A)
above. Lead partner should meet the criteria 1 (b) of table in para (A) above.
Note: The weightage given for experience of a firm would depend on the role of the
firm in the respective assignments. The firm’s experience would get full credit if it
was the sole firm in the respective assignment. If the applicant firm has completed
projects as JV with some other firms, weightage shall be given as per the JV
share***. However if the applicant firm has executed the project as associate with
some other firms, 25% weightage shall be given to the applicant firm for the
projects completed under such association.
*** For weightage of experience in any past Consultancy assignment, experience certificate
from the client shall be submitted. In absence of clear demarcation of JV share in
client certificate, the weightage will be treated as 60 % for lead partner and 40% for
minor partner. Annual turnover duly certified by Chartered Accountant shall be
accepted. In case of non-availability of such documents no weightage of
turnover/experience will be considered.
16. In case the financial figures and values of services provided are in foreign currency
current market exchange rate (State Bank of India BC Selling rate as on last date of
submission of the bid) will be applied for the purpose of conversion of amount in
foreign currency into Indian Rupees.
17. The Bidder including individual or any of its Joint Venture Member should, in the
last 2 years, have neither failed to perform for the consultancy services pertaining
to Expressways, National Highways, ISC (Inter State Connectivity) & EI (Economic
Importance) works, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the
Bidder including individual or any of its Joint Venture Member, as the case may be,
nor has been expelled or terminated by Ministry of Road Transport & Highways or
its implementing agencies for breach by such Bidder including individual or any of
its Joint Venture Member. Consultants (sole firm or lead firm and any of the JV
partners) who do not fulfil the aforesaid condition as on last date of submission of
proposal, need not apply as their RFP proposal will not be entertained.
18. Employer will not be responsible for any delay, loss or non-receipt of RFP
document sent by post/courier. Further, Employer shall not be responsible for any
delay in receiving the proposal and reserves the right to accept/reject any or all
applications without assigning any reason thereof.
19. The two parts of the Proposal (Technical proposal and Financial proposal) must be
7
submitted on-line only with all pages numbered serially, along with an index of
submission as per procedure under e-tendering. Physical submission of the
proposal shall not be accepted. In the event, any of the instructions mentioned
herein have not been adhered to, the Employer may reject the Proposal.
20. Employer will be at liberty to keep the credentials submitted by the Consultants at
bidding stage, in public domain and the same may be uploaded by Employer on
Employer’s web-site. Consultants should have no objection if Employer uploads
the information pertaining to their credentials as well as of their key personnel.
21. The individual key personnel proposed in the bid by the consultants or any
replacement thereof should undertake that they shall have no objection in
uploading/hoisting of their credentials by Employer in public domain.
Chief Engineer (NH)

Public Works Department 5th Floor
Konkan Bhawan CBD Belapur Navi Mumbai
RFP submission must be received not later than 17.30 hrs on 19/07/24 in the
manner specified in the RFP document at the address given below.
8
SECTION 2: LETTER OF INVITATION TO CONSULTANTS
1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with
other Consultant willing to act as AE to submit a proposal for providing
consulting services required for the assignment named in the attached Letter of
Invitation.
1.2 A brief description of the assignment and its objectives are given in the
Terms of Reference (TOR).
1.3 The assignment shall be implemented in Operation and maintanace Period 15

Months
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their
Proposals pursuant to this RFP. This RFP includes statements and assumptions,
which reflect various assessments arrived at by the Authority in relation to the
Consultancy. Such assessments and statements do not purport to contain all the
information that each Applicant may require. The information contained in this
RFP, may not be complete, accurate, adequate or correct. Each Applicant should,
therefore, conduct its own investigations about the assignment and the local
conditions before submitting the proposal by paying a visit to the Client and the
project site, sending written queries to the client, before the date and time
specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the
contract, including a visit to site, are not reimbursable as a direct cost of
assignment and (ii) Employer is not bound to accept any of the proposals received
by it and reserves the right to annul the selection process at any time prior to
contract award, without thereby incurring any liability to the Consultants.
1.6 Consultant have an obligation to disclose any situation of actual or potential

conflict that impacts their capacity to serve the best interest of their Client, or
than may reasonably be perceived as having this effect. Failure to disclose said
situations may lead to the disqualification of the Consultant Or the termination of
its Contract and/or any other action as deemed fit by the Authority at any stage.
1.7 It is the Chief Engineer (NH), Public Works Department, Government of

Maharashtra policy that the consultants observe the highest standard of ethics
during the selection and execution of such contracts. In pursuance of this policy,
the Chief Engineer (NH), Public Works Department, Government of Maharashtra:
(a) Defines, for the purpose of this paragraph, the terms set forth below
as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the action of a
9
public official in the selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in
order to influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or
more consultants with or without the knowledge of the Client, designed
to establish prices at artificial, non-competitive levels;
(iv) “coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
(b) will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive or coercive practices in competing for the
contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract; and
(d) will have the right to require that a provision be included requiring
consultants to permit the Employer to inspect their accounts and records
relating to the performance of the contract and to have them audited by
authorized representatives of Employer.
1.8 Consultants, their JV partner, their Sub-Consultants, and their associates shall not
be under a declaration of ineligibility for corrupt and fraudulent practices.
Furthermore, the Consultants shall be aware of the provisions on fraud and
corruption stated in the specific clauses in the General Conditions of Contract.
1.9 Consultants shall furnish information on commissions and gratuities, if any, paid
or to be paid to agents relating to this proposal and during execution of the
assignment if the Consultant is awarded the Contract, in the Financial Proposal.
1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after
the submission date. During this period, Consultants shall maintain the availability
of Professional staff nominated in the Proposal. The Client will make its best effort
to complete the process within this period. Should the need arise, however, the
Client may request Consultants to extend the validity period of their proposals.
Consultants who agree to such extension shall confirm that they maintain the
availability of the Professional staff nominated in the Proposal, or in their
confirmation of extension of validity of the Proposal, consultants could seek
replacement upto a maximum of 50% key personnel .If any Consultant seeks any
replacement(s), while extending the bid validity, then the same shall be evaluated
for ascertaining suitability of replacement as per the provisions of the RFP and
remuneration shall not be reduced for any such replacement(s). However, the
technical evaluation shall take into account of the originally submitted CV(s) only
irrespective of replacement sought.
10
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 The Consultants may request a clarification of any of the RFP documents up to the
number of days indicated in the Data Sheet before the Proposal submission date.
Any request for clarification must be sent in writing by paper mail, facsimile, or
electronic mail to the Client’s address indicated in the Data Sheet. The Client will
respond by cable, facsimile, or electronic mail to such requests and will send copies
of the response (including an explanation of the query but without identifying the
source of inquiry) to all consultants who have purchased the RFP document.
Clarification/amendment will also be hosted on Chief Engineer (NH), Public Works
Department, Government of Maharashtra e-portal.
2.2 At any time before the submission of Proposals, the Client may for any reason,
whether at its own initiative or in response to a clarification requested by a
Consulting firm, modify the RFP documents by amendment. Any amendment shall
be issued in writing through addendum. Addendum may be sent by mail, cable,
telex, facsimile electronic mail to consultants or/and will be hosted on Employer’s
website which will be binding on them. The Client may at its discretion extend the
deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the formats
enclosed herewith (refer section 3,4 and 5) in 2 separate envelopes/ packages and
put together in one single outer envelope/package. The two parts shall be:
Part 1: Technical Proposal and

Part 2: FinancialProposal.
The proposal shall be written in the English language as specified in the Data
Sheet. All pages of the Proposal shall be signed by an authorized representative.
The representative’s authorization shall be confirmed by written Power of Attorney
duly notarized to be submitted with the proposal. In case of JV or inclusion of
Associate company, a MoU indicating the specific Projects, input and role of each
Partner etc. shall be submitted with the proposal.
Part 1: Technical Proposal
3.2 You are expected to examine all terms and conditions included in the documents.
Failure to act or to provide all requested information will be at your own risk and
may result in rejection of your proposal.
3.3 During preparation of the Technical proposal you may give particular attention to
the following:
i. The man-months for the assignment shall be that stated in the Terms of
Reference. The same shall be considered for the purpose of evaluation as
well as award. In case the man months of TOR are amended in view of
11
Client’s own initiative or in response to clarification sought by any
Consulting firm, the man months so amended and published shall be
considered for the purpose ofevaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff as
possible. The permanent staff would be considered those already employed
with the firm prior to one year from the month during which this Tender
Notice is issued. Applicant shall submit the details of the period of
employment of the proposed personnel with the firm.
iii. A good working knowledge of the language specified in the data sheet is
essential for key professional staff on this assignment. Reports must be in
the language (s) specified in the datasheet
3.4 Your Technical Proposal must provide the following information, using but not
limited to the formats attached in the Section 3 & 4.
i. A brief description of the firm’s organization and an outline of recent

experience of the Consultants and, in the case of Joint Venture, for each
partner, on assignments of a similar nature. The information which you
shall provide on each assignment should indicate, inter-alia, the profiles of
the staff provided, duration, contract amount and firm's involvement. The
details of assignments on hand shall also be furnished by the
Consultant and their JV partner, separately.
ii. Any comments or suggestions on the ToR and a description of the
methodology (work plan) which the firm proposes to execute the services,
illustrated with bar charts of activities.
iii. Site Appreciation: limited to four A4 size pages in 1. 5 space and 12 font
including photographs, if any;
iv. Proposed methodology for the execution of the services illustrated with bar
charts of activities, including any change proposed in the methodology of
services indicated in the TOR, and procedure for quality assurance:
Maximum 4 pages;
v. The proposed methodology should be accompanied by the consultants
initial view, key challenges they foresee and potential solutions. It should
also include details on adoption of superior technology along with proof:
limited to six A4 size pages in 1.5 space and 12 font including photographs;
vi. Proposed Quality Audit Methodology including Quality Assurance Plan
12
vii. In case the Consultant envisages outsourcing any or all of the above services
to the expert agencies, the details of the same indicating the arrangement
made with the agencies need to be furnished. These agencies would
however, be subject to approval of the client to ensure quality input by such
agencies before award of the work. For out-sourced services, proposed
firms/consultants should have such experience on similar projects.
viii. The composition of the proposed staff team, the tasks which shall be
assigned to each and their timing;
ix. Requirement for submission of CVs.
a. The CVs of following three key personnel in the format as per
Appendix- B-6 is to be furnished.
Team leader cum Residents Engineer, Senior Quantity Surveyor,
Road safety Expert.
It may please be ensured that the format is strictly followed and the
information furnished therein is true and correct. The CV must
indicate the work in hand and the duration till which the person will
be required to be engaged in that assignment. The Firm shall ensure
that details furnished in the CV by the personnel are correct. If any
information is found incorrect, at any stage, action including
termination and debarment from future Office of the Chief Engineer
(NH), Public Works Department, Government of Maharashtra
projects for a minimum period of 2 years may be taken by Office of
the Chief Engineer (NH), Public Works Department, Government of
Maharashtra on the personnel and the Firm.
b. Key information should include years with the firm and degree of
responsibility held in various assignments. In CV format, at
summary, the individual shall declare his qualification & total
experience (in years) against the requirements specified in TOR for
the position (Ref. Enclosure-B of TOR). If any information is found
incorrect, at any stage, action including termination and debarment
from future Chief Engineer (NH), Public Works Department,
Government of Maharashtra projects upto 2 years may be taken by
Maharashtra on the personnel and the firm.
c. CVs of Key Personnel having intermittent inputs will be considered
only if the assignments on hand as on 7 days before due date of
proposal including those for which LOA has been received from the
Client or for which Consultant has been declared as H1 are such that
the key personnel is able to proportionately devote the given man
months for this project.
d. All the CVs which are to be evaluated should be complete in all
respects including signing and certification by the individual and
the firm.
e. Minimum 75% marks required. CV of three Key Personnel will be
13
evaluated CV of proposed Team Leader should score at least 75%
marks. If not, the proposal shall not be considered further.
f. If a CV score less than 75% marks, whatever marks it scores will be carried
forward for maximum 3 nos. key personnel for determining the total score
of the firm. However, if the Key Personnel does not fulfill the minimum
academic qualification (as mentioned at Enclosure-B of TOR of RFP), the
overall score of his CV will be evaluated as zero. If the Key Personnel does
not fulfill the minimum qualification related to experience (as mentioned
at Enclosure-B of TOR of RFP), then zero marks will only be assigned for
that sub criteria, but the marks obtained by the CV of the Key Personnel
will be carried forward for maximum 3 nos. key personnel for determining
the total score of the firm. In case, a firm is H-1, then all such Key
Personnel (whose CV scores less than 75% or who does not fulfill the
minimum qualification) will have to be replaced by the firm before signing
the contract. The reduction in remuneration of such replacements shall be
10% for each replacement. In case more than 3 CV scores less than 75%
marks or Team leader cum Senior Highway Engineer scores less than 75%
marks, the proposal shall be considered non-responsive.
g. In case CV of a person is turned out to be fake/incorrect/inflated during
the assignment, the consultancy firms shall have to refund the salary and
perks drawn including interest @12% per annum in respect of the person
apart from other consequences. In addition to above, 10% of the salary and
perks to be refunded shall be recovered from the Firm as penalty. In the
event the penalty is not paid by the Consultancy Firm, the same shall be
recovered from encashment of performance security of the firm.
h. It is also clarified that any key personnel, if debarred during the period
between receipt of bid and award of the contract and is required to be
replaced as per the provisions of the RFP, then the replacement shall not
be considered as part of replacement by the Authority’s Engineer and
hence no deduction in remuneration shall be affected. However, in this
case the original CV will be considered for evaluation purpose
x. Deployment Schedule for each key personnel should be formulated and
incorporated in the Technical Proposal which will be reviewed on
quarterly basis.
xi. Estimates of the total time effort (person x months) to be provided for the
services, supported by bar chart diagrams showing the time proposed
(person x months) for each professional staff and sub professional staff.
xii. In case, consultant Firm’s experience/document is found to be false at any
stage i.e. from bidding to completion of services, the consultancy contract
shall be terminated and consultant firm shall be debarred for a period of 2
years.
xiii. Any additional information.
3.5 The technical proposal must NOT include any financial information.
Part 2: Financial Proposal
3.6 Your Financial Proposal must be strictly using the formats attached in Section 5.
No additional items/quantities other than that specified in the formats should be
proposed by the Consultants since the same shall not be considered for the
14
evaluation/award. Consultants shall be paid billing rates for services as per
financial proposal submitted by them basis. Beginning 13th months from the last
date of submission of bid, billing rates shall be increased to cover all items of the
contract i.e. remuneration, vehicle hire, office rent, consumables, furniture etc. @
5% every 12 months. However, for evaluation and award of the Bid proposals, the
quoted initial rate (as applicable for first 12 months from last date of submission of
bid) shall be multiplied by the total time input for each position on this contract, i.e.
without considering the increase in the billing rates. All payments shall be made in
Indian Rupees and shall be subjected to applicable Indian laws withholding taxes if
any.
3.7 The Financial Proposal should clearly identify as a separate amount, the local taxes
(including social security), duties, fees, levies and other charges imposed under the
applicable law, on the consultants, the sub-consultants, and their personnel(other
than nationals or permanent residents of the government’s country); unless the
Data Sheet specifies otherwise. This cost, however, will not be considered in
evaluation.
3.8 Consultants may express the price of their services in the Indian Rupees only.
3.9 Goods & Service tax as applicable shall be paid to the Consultant while making
payment for services rendered. The consultants shall then deposit the same with
the tax authorities and provide a proof having done so within next 90 days inline
with policy circulars issued by Employer. Employer shall pay only the Goods &
service tax.
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
A. Detailed RFP may be downloaded from E-tendering portal of Employer and the
Application may be submitted online following the instructions appearing on the
screen.
B. The following shall be the form of various documents in the Application:
(I) Technical Proposal {Only Electronic Form (to be uploaded on

the E- tendering portal of Employer)}
(a) Power of Attorney for signing the Application
(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if applicable;
(d) Copy of Memorandum of Understanding with Associate, if applicable.
(e) Firms credentials as per format prescribed in SECTION-3 OF RFP
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.
II) Financial proposal as per format prescribed in section – 5 of RFP
(III) Receipt of Bharat Kosh towards cost of RFP of Rs.10,000/- (Rupees

Ten thousand only) to the Bank account of Pay & Account Office
(PAO) – 034650 – PAO(NH), Mumbai
15
(IV) Bidders have to comply with the OM No. 13030/09/2008-vig dated 28th
January, 2013(copy enclosed) regarding Integrity pact.
(V) Bid
Security (For the amount given in section 1 of this document) in the form of
FDR/DD or Bank Guarantee and the format specified in this document in favor of
the Executive Engineer NH Division Akola on behalf of the Chief Engineer,
National Highway (PW).. The BG issuing bank bidder is requested to send bank
guarantee confirmation through SFMS gateway directly to following bank account
of Employer -
Bank Account No - 50003170000106
Name of Bank Account- PAY & ACCOUNTS OFFICER (NH)
Bank & Branch Name- CANARA BANK, FORT BRANCH, MUMBAI
IFSC CODE- CNRB0015000
C. The successful bidder shall submit the original documents specified above in point
no.4.1 B (I) (a), (b), (c)& (d) above together with their respective enclosures to the
Authority before signing of the Agreement. All bidders have submit original
copy bid security and Receipt of tender fees in hard copy before bid due
date.
i.) The Applicant shall upload scanned copies of the Technical Proposal and
Financial Proposal as specified in point nos. 4.1 (B) (I) ,(II), (III) & (IV)
above on the E- tendering portal of Employer before 17:00 hours Indian
Standard Time on the Application due date i.e. on 19/07/24. Financial
Proposal is to be submitted On-line only and no hard submission is to be made.
4.2 Modification / Substitution/ Withdrawal of bids:
(i) The Bidder may modify, substitute or withdraw its e- bid, prior to the Bid Due
Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after
the Bid Due Date.
(ii) Any Alteration/ modification in the Bid or additional information supplied

subsequent to the Bid Due Date, unless the same has been expressly sought for by
the Employer, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal
and upload / resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal
and can withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a
bid for any reason, bidder cannot re-submit e-bid again.
4.3 OPENING AND EVALUATION OF APPLICATIONS:
(i) Opening of Proposals will be done through online for both Financial Proposal and
Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding Power of Attorney
16
shall be the Digital Signatory. In case the authorized signatory holding Power of
Attorney and Digital Signatory are not the same, the bid shall be considered non-
responsive.
The Employer will open the Technical Proposal at 11.00 hours Indian Standard
Time on the Application due date i.e. in the presence of the Applicants who choose
to attend and evaluate the Applications in accordance with the provisions set out in
the RFP.
(iii) The Financial Proposal will be opened of the short listed applicants who qualify for
financial opening as per RFP. The date of opening of Financial Proposal will be
notified later on.
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the Employer shall carry out its evaluation
applying the evaluation criteria and point system specified in the data sheet. Each
responsive proposal shall be attributed a technical score (ST.) Only those
Applicants whose Technical proposal score 75 marks or more out of 100 shall
qualify for further consideration. However, if the number of such pre-qualified
applications is less than two, the Employer may, in its sole discretion, pre-qualify
the applicant(s) whose technical score is less than 75 marks.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is
finalized, the Employer may notify those consultants whose proposals were not
considered as per conditions of RFP. The Employer shall simultaneously notify the
shortlisted firms indicating the date and time set for opening of the Financial
Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical
scores, and the proposed prices shall be read aloud and recorded when the
Financial Proposals are opened. The Client shall prepare minutes of the public
opening.
5.6 The Evaluation Committee will determine whether the submitted Financial
Proposals are complete (i.e. whether they have included cost of all items of the
corresponding proposals; if not, then the cost towards such missing items will be
considered as NIL, but the Consultant shall, however, be required to carry out such
obligations without any additional compensation.) and without computational
error. In case under such circumstances, if Client feels that the work cannot be
carried out within the overall cost as per the submitted financial proposal, such
17
proposals shall be considered non responsive.
5.7 The lowest financial proposal (FM) will be given a financial score (SF) of 100
points. The financial scores of other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)
5.8 Proposals will finally be ranked according to their combined technical (ST) and
financial (SF) scores as follows:
S= ST x Tw+SF x Fw
Where S is the combined score, and Tw and Fw are weights assigned to Technical
Proposal and Financial Proposal that shall be 0.70 and 0.30 respectively.
5.9 The selected Authority’s Engineer shall be the first Ranked Applicant (H-1, having
the highest combined score). In the event the proposals of two or more consultants
have the same scores in the final ranking, the proposal with the highest technical
score should be ranked first.
6 AWARD OF CONTRACT
6.1 The Client shall issue letter of award to selected Consultant and ask the Consultant
to provide Performance Security as in Para 7 below. If the selected Consultant fail
to provide performance security within the prescribed time or the Consultant fail
to sign the Contract Agreement within prescribed time, the Client may invite the
2nd highest ranking bidder Consultant and follow the procedure outlined in Para 6
and 8 of this Letter of Invitation.
7 PERFORMANCE SECURITY
7.1 The successful consulting firm shall have to submit a Bank Guarantee (BG) for
an amount of 3% ( in pursuant MoRTH OM no G-20016/01/2020-TF-II dt.
17.11.2020 & NHAI Policy Circular no 3.1.27 dt. 19.11.2020, Policy Circular no.
3.1.29/2021 dt. 06.01.2021) of the Contract Value within 15 days of issue of
LOA. The BG shall be valid for a period of [xx+2] i.e. up to 2 months beyond
the expiry of the Contract period of 15 months. The BG shall be in the format
specified in Appendix H of draft contract form and furnished from a
Nationalized Bank, IDBI or ICICI/ICICI Bank/Foreign Bank/EXIM Bank /
Any Scheduled Commercial Bank Approved By RBI having a net worth of not
less than 1000 crore as per latest Annual Report of the Bank. In the case of a
Foreign Bank (issued by a Branch in India) the net worth in respect of Indian
operations shall only be taken into account. In case of Foreign Bank, the BG
issued by Foreign Bank should be counter guaranteed by any Nationalised
Bank In India. In case of JV, the BG shall be furnished on behalf of the JV and
not individually by the members.
Further, in case where the bid of the successful consulting firm is less than
85% of the average of all bids received, the successful consulting firm shall
have to submit an
Additional Performance Security (APS) in the form of a Bank Guarantee for

30% of the differential value between the successful bid and average of all the
18
bids received. The BG shall be valid for a period of 17 months i.e. upto 2
months beyond the expiry of the Contract of 15 months. The other
requirements of APS are same as those of Performance Security.
7.2 In the event the Consultant fails to provide the security within 15 days of date of
LOA, it may seek extension of time for a period of 15 (Fifteen) days on payment of
damages for such extended period in a sum of calculated at the rate of 0.1% (Zero
Point One Percent) of the contract price for each day until the performance
security is provided. For the avoidance of doubt the agreement shall be deemed to
be terminated on expiry of additional 15 days time period.
7.3 Not with standing anything to the contrary contained in this Agreement, the
Parties agree that in the event of failure of the Consultant to provide the
Performance Security in accordance with the provisions of Clause 7.1 within the
time specified therein or such extended period as may be provided by the
Authority, in accordance with the provisions of Clause 7.2 and thereupon all
rights, privileges, claims and entitlements of the Consultant under or arising out
of this Agreement Shall be deemed to have been waived by, and to have ceased
with the concurrence of the Consultant, and LoA shall be deemed to have been
withdrawn by mutual agreement of the Parties. Authority may take action debar
such firm for future projects for a period of 1-2 years.
8. Signing of Contract Agreement
After having received the performance security and verified it, the Client shall
invite the selected bidder for signing of Contract Agreement on a date and time
convenient to both parties within 15 days of receipt of valid Performance Security.
19
DATASHEET
(As Mentioned in Letter of Invitation to
Consultants) Sub clause No. in Letter of Invitation to
Consultants
1 Pre-Proposal Conference shall be held at: Employer’s Office on
2 The proposal shall be valid for 120 days after the last date of submission.
3 Clarification may be requested 7 days prior to Pre Proposal Conference. The

address for requesting clarification is:
5th Floor, Room no. 526, Konkan Bhawan, Sector – 6, CBD

Belapur, Navi Mumbai - 400614, Maharashtra
Email: [email protected]
4 The Language of documents and correspondence will be English
5 All the personnel shall have working knowledge of English and all the reports etc.
shall be written in English.
6 Chief Engineer (NH), Public Works Department, Government of Maharashtra shall

reimburse only Goods and service tax. Authority’s Engineer has to assess all other
taxes and should in built them in their financial proposal. These taxes (other than
Goods and service tax) should not be provided separately. Consultants are
requested to consult Tax Consultants for details.
7. The Consultants to state cost in INR .
8 The time and date of submission: on or before 19/07/24 (upto 17.30 hrs) .
9 The points assigned to Technical Evaluation criteria are:

S.
Description Marks
No.
1 Relevant experience for the assignment 50
2 Qualifications and competence of the key staff for the 50
assignment
Total 100
20
a. Sub criteria for Relevant Experience of the firm for the assignment
Average Annual Turnover (last 3 years) from consultancy business (Min 1 10
crore)
Nos of Highway Professionals with the firm * The professionals who possess 10
degree in Civil Engineering/Transport Planning/Transport Economics/Traffic
Management / Geology/ Environment Science or Engineering and 8 years
experience in highway/bridge/tunnel with employment in the firm for more than
one year. The current Employment Certificate shall be uploaded by Key
Personnel on .
Experience as Independent Engineer/Authority Engineer/Construction 10
Supervision in Number of Highway Projects of length equal to 40% of project
length of similar category for which RFP invited of 2/ 4/6**-laning or more in
last 2 years*
In hand DPRs for Authority Projects presently under progress) 10
Experience in Construction Supervision/DPR /Design Review of Major 10

structures having length of more than 500 meter in last 2 years.
Additional requirement in case of specialized projects*** ***
* Consultants should give details of the experience of the firm considering the completed
and the on-going highway assignments, separately for PPP and non-PPP Projects
along with experience certificates from clients. This list of the completed works
should also include those assignments which are substantially (90% of Contract
value) completed. No Qualification/Experience etc. shall be considered without
proof of experience.
Experience of Authority’s Engineer for having offered consultancy services to a

private organization shall not be considered as relevant experience for current
assignment.
** Similar Projects means 2/4/6 lane as applicable for the project for which RFP is
invited. For 2-lane projects experience of 4/6 lane also to be considered with a
multiplication factor of 1.5. Experience of 4/6 lane shall be considered
interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2
lane will be considered with a multiplication factor of 0.4, but only for those 2 lane
projects whose cost of consultancy services was more than Rs.3.0crores.
structures etc. in substantial quantum, this requirement/Marks may be included by
suitably adjusting marks of other attributes.
In case of JV the turnover and experience details of Lead and JV Employer’s

certificate should be submitted substantiating the experience claimed by the firm.
21
Qualification and competence of following professional/sub-professional
staff for the assignment shall be evaluated. The weightage for various key staff are as
under:-
Major Bridges Project:
S. Staff Position Marks.

No
1 Resident Engineer 25
3. Senior Quantity Surveyor 15
5. Road Safety Expert 10

Total 50
Sub criteria for qualification of Key Personnel (i.e. Professional staff)

General qualifications 25
Adequacy for the project 70
Employment with firm 5
Total 100
The technical proposal should score at least 75 points to be considered responsive for
financial evaluation.
v) Detailed evaluation criteria which is to be used for evaluation of technical bids is as

indicated below as Appendix-EC.
vi) The Authority’s Engineer should carryout self-evaluation based on the evaluation
criteria at Appendix-EC. While submitting the self-evaluation along with bid,
Authority’s Engineer shall make references to the documents which has been relied
upon in his self-evaluation.
vii) Result Of technical evaluation shall be made available on the website giving
opportunity to the bidders to respond within 7 days in case they have any
objection.
viii) The single currency for price conversion is INR. For evaluation of bid proposals,
the foreign currency conversation rate of 1US Dollar = Rs. 83.00/- And 1 Euro =
Rs. 89.31/- shall be used.
ix) The weightage given to technical proposal is 70%.

The weightage given to financial proposal is 30%.
11. Commencement of Assignment: The firm shall begin carrying out the services within
one month of signing of the Consultancy Agreement.
Remarks: Based on experience and the Consulting Industry’s Capacity, Project

specific requirement etc., Chief Engineer (NH), Public Works Department,
Government of Maharashtra may modify the above criteria for Selection of
AE.
22
Appendix-EC
1. Evaluation Criteria for Assessment of Experience of the Firm.

Reference/Deta Marks
Max
S. Description ils of projects self-
.
No. Claimed for assessed
Mar
self- by the
ks
assessment bidder
1 Average Annual Turnover (last 3 years)from 10
consultancy business
< 2% of TPC – 0 marks
2% of TPC – 8 marks
Add for additional turnover 1marks for every
1% of TPC above 2% of TPC subject to
maximum 2 marks.
2 Nos. of Highway Professionals with the firm 10

*
2.1 <10 0
2.2 10-15 8
2.3 >15 but 9
≤25
2.4 >25 10
*The professionals who possess degree in Civil Engineering/Transport Planning
/Transport Economics/Traffic Management / Geology/ Environment Science or
Engineering and 8 years experience in highway/bridge /tunnel with employment in
the firm for more than one year.
3 Experience as Independent Engineer/ 15

Authority Engineer/ Construction Supervision
in Number of Projectsof 2/4/6-laning** of
length (40% of project length) or more in last
2 years.
1 project – 8 marks Add 1(one) mark extra
for completed assignment of Authority
Engineer/Independent Engineer and add
1 marks extra for completed assignment of
supervision consultancy subject to
maximum 2 (Two)
marks.
4 In hand DPRs of Projects ( presently under 10
progress)
4.1 1 5
4.2 1-2 5
23
Reference/Detail Marks
Max
S. Description s of projects self-
No. .
Claimed for assessed
Mark
self-assessment by the
s
bidder
4.3 >5 10
5 Experience in Construction 5
Supervision/DPR/Design Review of Major
structures having length of more than 500
meter in last 2 years.
1 project – 3.0 marks, Add 1 marks extra
for each additional project subject to
maximum
1.0 marks
6 Additional requirement in case of ***
specialized projects***
Note 1: In case of JV the turnover and experience details of Lead and JV partners to be added.
Note 2: Employer’s certificate/ certificate from Statutory Auditor should be submitted
substantiating the experience/turnover claimed by the firm.
Note 3: ** For 4/6 laning projects, experience of 2 lane will be considered with a
multiplication factor of 0.4, but only for those 2 lane projects whose cost of
consultancy services was more than Rs.3.0crores.
structures etc. in substantial quantum, this requirement/Marks may be included by
suitably adjusting marks of other attributes.
24
2. Evaluation Criteria for assessment of score of Key Staff for adequacy
of the Assignment.
• Team Leader cum Resident Engineer
Max
No. .
Point
s
bidder
1 General Qualification 25
i) Graduate in Civil Engineering 21
ii) Post-Graduation in Management/ 04
Construction/
Transportation/Highway
Engineering/Structural
Engineering or equivalent
specialized stream of civil
engineering
2 Adequacy for the Project 70
a) Professional Experience in Highway
Projects:
i) Total Professional Experience in 10
handling Highway projects
< 10 years -0
10 years -8 marks
Add 1 mark extra for each additional
year of experience subject to maximum
2 (two) marks.
ii) Experience as Team Leader or similar 15
capacity in Highway Development
Projects(similar configuration (2/4/6
laning**) and above)
< 5 years -0
5 years -12 marks
Add 1 marks extra for each additional
year of experience subject to maximum
4 (four) marks.
25
ii) Experience as Team Leader or similar 5
capacity in Highway Development
projects (of length 40% of project length
or more of similar configuration (2/4/6
laning**) and above) on EPC
1 project -4 marks add 1 mark extra for
additional projects subject to maximum 1
(one) mark
b) Experience as Team Leader or similar 15

capacity of project Preparation including
design of major highway Project (of
length 40% of project length or more of
similar configuration (2/4/6 laning**) and
above).
< 2 projects -0
2 Projects -11 marks
Add 2 marks for each additional project
subject to maximum 4 marks
c) Experience in position of Team 20
Leader/Project Manager or similar
capacity in Construction Supervision/IC
involving length 40% of project length or
more of similar configuration (2/4/6**
laning) and above
< 2 projects – 0
2 Projects – 16 marks
project subject to maximum 4 (four)
marks
d) Experience as Team Leader or similar 5
capacity in Operation and Maintenance
of Major Highway (of length 40% of
project length or more of similar
configuration (2/4/6 laning**) and above).
1 project – 4 marks
Add 1 mark extra for each additional
project subject to maximum 1 (one) mark
3 Employment with the Firm 5
< 1 year -0
1 year – 3 marks
Add 0.5 marks for each subsequent year
Total : 100
26
Note:
(1) Similar Capacity includes the following positions

i) On behalf of Consultant: Team Leader/Bridge Engineer (Construction
Supervision/IE/AE/DPR).
ii) On behalf of Contractor: Project Manager (Construction/Construction Supervision)
iii) In Government Organizations: Superintending Engineer (or equivalent) and above
(2) Only those projects will be considered for evaluation at S. No. 2(b) where the input of
the personnel is not < 9 months.
(3) Only those projects will be considered for evaluation at S. No. 2I, (d) where the input of
the personnel is not < 12 months.
(4) In case of experience on behalf of Authority’s Engineer or Contractor, the experience
shall be duly endorsed by the respective Government agency. In case of non-availability of
endorsement from Govt. Agency, the experience uploaded on Portal will be taken into
consideration. However, the key personnel/ bidder will be solely responsible for any fake
information/ CV, which may result in debarment.
• Resident Engineer
Max
No. .
Poin
ts bidder
ii) Post Graduation in 04
Engineering/Structural
Engineering/Geotechnical
Engineering
Professional Experience
i) Total Professional Experience in handling 20
Highway projects
< 12 years -0
12 years -8 marks
Add 1 mark extra for each additional year of
experience subject to maximum 2 (two) marks.
27
ii) Experience as Resident Engineer/Project 20
Director/Project Manager/Superintending
Engineer or equivalent/Executive Engineer or
equivalent on construction works/Authority
Engineer/Independent Engineer Projects
(similar configuration (2/4/6 laning*) and
above).
< 5 years -0; 5 years -15 marks
Add 1 marks extra for each additional year of
experience subject to maximum 5 (five) marks.
iii) Experience in similar capacity in handling 25
major 2/4/6- laning** projects (of length 40%
of project length or more of
above)
< 2 nos. -0
2 nos. -19 marks
Add three marks extra for each additional
project subject to maximum 6 (Six) marks.
iv) Experience in similar capacity of Highway 5
Project of Construction/Construction
Supervision/IC on EPC Mode
Max
No. .
Poin
ts
bidder
(of length 40% of project length or more of
above)
1 Project- 4 marks
Add 1 (one) mark extra for each additional
< 1 year -0
1 year – 3 marks
Total : 100
Note:

i) On behalf of Consultant: Resident / Highway Engineer
28
ii) On behalf of Contractor: Resident Engineer/ Highway Engineer / Project
Manager (Construction/Construction Supervision)
iii) In Government Organizations: Executive Engineer (or equivalent) and above
(2) Only those projects (in numbers) will be considered for evaluation above, where the input
of the personnel is not < 12 months
(3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
be duly endorsed by the respective Government agency. In case of non-availability of
 Senior Quantity Surveyor
Max
No. .
Point
s bidder
ii) Post-Graduation in Structural 04
Engineering
Highway.
< 12 years -0
12 years -15 marks
Add one mark extra for each additional 2
year subject to maximum 5(five) marks
ii) 25
Experience as Quantity Surveyor or
equivalent in Highway/Major Bridge Project
(of similar configuration (2/4/6 laning) &
above)
< 5 Years – 0
5 Years – 19
Add one mark extra for each additional year
of experience subject to maximum 6(Six)
marks
iii) 25
Experience as Quantity Surveyor or
equivalent in Construction/Supervision of
Highways/Major Bridge Project (of length
40% of project length or more of similar
29
configuration (2/4/6 laning) & above)
< 2 Projects -0
02 Project -19 marks
Project subject to maximum 6(Six) marks
iv) Experience in similar capacity in 10
supervision of Rehabilitation and repair of
Major Bridges/ROB/Flyover/
Interchanges/ any other structures
< 2 nos. – 0
2 nos. -8 marks
> 3 nos.- 10
v) Experience in similar capacity of modern 5
bridge construction technology viz., Precast
Segmental, Balanced Cantilever
Construction, Extra dosed Bridge, Full Span
Launching, Incremental Launching.
Experience in 1 project – 4 marks
More than one project – 5 marks
< 1 year -0
1 year -3 marks
Total : 100
Note:
i) On behalf of Consultant/Contractor: Quantity Surveyor

ii) On behalf of Government: Executive Engineer
(3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
30
• Senior Pavement Specialist
Max
No. .
Point
s
bidder
I) Graduate in Civil Engineering 21
II) Post-Graduation in 04
Engineering/Pavement
engineering or equivalent
i) Total Professional Experience of Pavement 20
Design/Construction and Maintenance of
Highways/Roads/Air FieldRunway
< 10 years -0
10 years -15 marks
of experience subject to maximum 5 (five)
marks.
ii) Experience in Similar capacity in 20
Construction/Construction Supervision of
2/4/6-
Max
No. .
Poin
ts
bidder
laning** of major Highway Projects (similar
configuration (2/4/6 laning**) and above)
< 5 years -0; 5 years -15 marks
of experience subject to maximum 5 (five)
marks.
31
iii) Experience in similar capacity as 25
Pavement/Geo- technical Engineer in
construction/ construction supervision of
Major Highway projects (of length 40% of
< 2 nos. -0
2 nos. -20 marks
Add 2.5 marks extra for each additional
project subject to maximum 5 marks.
iv) Experience in similar capacity on EPC 5
Projects (of length 40% of project length or
more of similar configuration (2/4/6 laning**)
and above)
1 Project- 4 marks
Add 1 (one) mark extra for each additional
< 1 year -0
1 year – 3 marks
Total : 100
Note:
• Similar Capacity includes the following positions

• On behalf of Consultant/Contractor: Pavement Specialist/ Pavement
Engineer/ Pavement Expert / Highway Engineer
• On behalf of Government: Executive Engineer
• Only those projects (in numbers) will be considered for evaluation above, where the input
• In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall

32
• Material Engineer
Max
No. .
Poin
ts
bidder

II) Post Graduation in Geotechnical
Engineering/ Foundation 04
Engineering/Soil Mechanics/ Rock
Mechanics
Highway/Bridge projects
< 10 years -0
10 years -11
of experience subject to maximum 4 (four)
marks.
ii) Experience in similar capacity in 25
Construction/Construction Supervision of
major Highway Projects ((similar
configuration (2/4/6 laning**) and above))
< 5 years -0; 5 years -19
Add 2.0 (two) marks extra for each
additional year of experience subject to
maximum 6 (Six) marks.
iii) Experience in similar capacity in handling 30
Similar Highway projects (of length 40% of
< 2 nos. -0
2 nos. - 25
Add 2.5 marks extra for each additional
project subject to maximum 5 (five)
marks.
33
< 1 year – 0
1 year – 3

Total : 100
Note:

• On behalf of Consultant/Contractor: Quality Expert/ Material Engineer/Material Expert/ Quality
Engineer/ Geo-Technical Expert.
• On behalf of Government: Executive Engineer
• Only those projects (in numbers) will be considered for evaluation above, where the input
• In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall
• Road Safety Expert
S. Description Max Reference/ Marks

No. . Details of self-
Poin projects assesse
ts Claimed for d by the
self- bidder
assessment
II) Post-Graduation in Traffic/ Transportation/ 04
Safety Engineering or equivalent
Highway/Bridge projects
< 10 years -0
10 years -11 marks
Add one mark extra for each additional year of
experience subject to maximum 4 (four) marks.
34
ii) Experience in similar capacity in Road Safety 15
works on Major Highway Project (similar
configuration (2/4/6 laning**) and above).
< 5 years -0
5 years -11 marks
experience subject to maximum 4 (four) marks.
S. Description Max. Reference/ Marks

Details of self-
No. Points projects assessed
Claimed for by the
self- bidder
assessment
iii) Experience in similar capacity in Road Safety 20
Audits of 2/4/6- laning** Highway projects at
different stages including at least one at design
stage
< 2 nos. -0
2 nos. -15 marks
Add 2.5 marks extra for each additional project
subject to maximum 5 marks.
iv) Experience in similar capacity in identification 10
and improvement of black spots on Major
Highway Project (similar configuration (2/4/6
laning**) and above)
< 2 nos. -0
2 nos. -8 marks
improvement of black spots subject to maximum
2 marks.
v) Experience in similar capacity of preparing Road 5
Safety Management Plans for Inter Urban
Highway
1 project -4 marks
2 or more -5 marks
vi) Experience in similar capacity in field of Road 5
Safety Management Plan
1 project -4 marks
2 or more -5 marks
<1 year- 0
1 year – 3 marks
Add 0.5 marks for each subsequent year subject
to maximum 2 marks
Total : 100
35
Note:
i) On behalf of Consultant/Contractor: Road Safety Expert
ii) In Government Organizations: Executive Engineer (or equivalent) and above
• Senior Contract Specialist

S. No. Description Max. Reference Marks
/
Point Details of self-
s
projects assesse
d
Claimed by the
for
self- bidder
assessme
nt
II) Post Graduate Degree in Law/PG in 04
management/certificate course in
management/ certificate
course in construction
management/certificate course in contract
management
i) Total Professional Experience of Contract 20
Management.
< 15 years -0
15 years -15 marks
ii) Experience as Contract Specialist on any 20
National/State Highway project.
< 4 years -0
4 years -15 marks
36
iii) Contract Management of a large Highway 25
contract say over Rs.150 crore including
experience of handling variation orders, claims
of the contractor and there appropriate disposal
< 2 nos. -0
2 nos. -20
Add 2.5 marks extra for each additional project
subject to maximum 5 (five) marks.
v) Experience of Handling Arbitration cases in 5
respect of any Highway project.
1 project -4 marks
2 or more projects-5 marks
<1 year- 0
1 year – 3 marks
Add 0.5 marks for each subsequent year subject
to maximum 2 marks
Total : 100
Note:
i) On behalf of Consultant/Contractor: Senior contract specialist/Contract specialist
ii) In Government Organizations: Executive Engineer (or equivalent) and above
iii) Only those projects (in numbers) will be considered for evaluation above, where the input of the
personnel is not
< 6 months
37
SECTION 3: FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
The proposal should contain the following information in enclosed format

attachedat Appendix A.
● Year of Establishment of Firm
● Average annual turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the
last three years [FY 2021-22, 2022-23, 2023-24]. For claiming experience of Highway
projects, completion certificate from employer should be enclosed. The proposal
should also contain the details of the key personnel viz. their name, qualification,
expertise area, experience and years of association with the firm.
*To be modified appropriately.
38
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm*
Consultant Year of County Type of Organization
Establishment Individual Partnershipp Corporationn Other
al
Individual /
Lead Partner
(of JV)/Minor
Partner of
JV/Associate
NOTE:- Year of Establishment of Lead Partner of JV shall be considered.
*Copy of Certificate of incorporation shall be submitted.
iii. Office/ Business Address/Telephone nos. /Cable Address.
iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two (2) principals who may be contacted with title and
telephone number/fax number/e-mail.
vi. Financial Statement of the last two years. **

Sl. Particular 2021-22 2022-23 2023-24
No.
i. Annual turnover from Consulting
business
ii. Total Assets
iii. Current Assets
Balance Sheet/Auditor Certificate of last 3 years, 2021-22, 2022-23, 2023-24 shall be

submitted as evidence of Annual Turnover.
** a) The amount shall be stated in INR. (Consider 1US Dollar = Rs. And 1 Euro =
Rs.) (This will be the exchange rates as per Reserve Bank of India rounded off to
nearest Rupee applicable at the time of RFP invitation).
b) The currency conversion rate for the respective years shall be mentioned for
other International currencies.
vii. Experience as Authority Engineer/Independent Consultant/Construction
supervision of Highway projects, separately for PPP and
non-Projects during the last 2 years. ***
S Projects Type Descripti Client Total Fee Fee %age Appro Perio
No Name / of on of (with for the received by of total x. d
Year Servic Highway complete Consulta Applicant (in fee Cost
Sole es Project/ address, ncy case of receiv of
Consultant/ render Length contact Assignme JV/Associati ed by Highw
Prime ed (kms) person, nt (INR) on) the ay
Consultant Telephon firm Projec
of JV / e Nos. t
minor and Fax
Authority’s Nos.)
Engineer
39
of JV/ /as
associate
consultant
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed projects:
S Projects Type Descripti Client Total Fee Fee %age Appro Perio
No Name / of on of (with for the received by of total x. d
Year Servic Highway complete Consulta Applicant (in fee Cost
Sole es Project/ address, ncy case of receiv of
Consultant render Length contact Assignme JV/Associati ed by Highw
/ Prime ed (kms) person, nt (INR) on) the ay
Consultant Telephon firm Projec
of JV / e Nos. t
minor and Fax
Authority’s Nos.)
Engineer
of JV/ /as
associate
consultant
1.
2.
3.
B. Projects in progress:
1.
2.
3.
viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report preparation
of 2/4/6 laning / Bridge Highway Projects separately for the PPP and non-PPP
projects during the last 2 years. ***
S Projects Name Type Leng Client Total Fee Fee received %age Period
No / th of (with for the by of total
Year of Proje Comple Consulta fee
Applicant
Sole Service ct te ncy (in case received
Consultant/ s (kms addres Assignm of by the
Prime Render ) s, ent (INR) JV/Associati firm
Consultant of JV ed contact on)
/ minor
person, c
Authority’s a
telepho
Engineer of JV/ se of JV)
ne Nos.
/as associate
and
consultant
Fax
Nos.)
1 2 3 4 5 6 7 8 9
***a) 2/4/6 lane/Bridge work as applicable for the project for which RFP is invited. For 2-
lane projects experience of 4/6 lane also to be considered with a multiplication
factor of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6
laning projects. For 4/6 lane projects, experience of 2 lane will be considered with a
multiplication factor of 0.4, but only for those 2-lane projects whose cost of
consultancy services was more than Rs.2.0 crores. For standalone bridge projects,
40
experience in bridge work (either standalone project or as a part of road project)
only be considered.
b) Only those projects, to be included in the table which are Highways Projects and
for which clients certificates from the concerned Government agencies are
enclosed with the proposal.
c) The details of bridges having length more than 200m (500m in case the project
consist of bridges of length more than 500m) in the listed projects is to be
specifically mentioned.
d) The weightage given for experience of a firm would depend on the role of the firm
in the respective assignments. The firm’s experience would get full credit if it was
the sole firm in the respective assignment. If the applicant firm has completed
projects as JV with some other firms, weightage shall be given as per the JV
share***. However if the applicant firm has executed the project as associate with
some other firms, 25% weightage shall be given to the applicant firm for the
projects completed under such association
e) For weightage of experience in any past Consultancy assignment, experience
certificate from the client shall be submitted. In absence of clear demarcation of
JV share in client certificate, the weightage will be treated as 60 % for lead partner
and 40% for minor partner. Annual turnover duly certified by Chartered
Accountant shall be accepted. In case of non-availability of such documents no
weightage of turnover/experience will be considered.
(ix) Assignments on hand including those for which the Letter of Acceptance from the
clients received as on 7 days prior to due date for submission of proposals: The
details shall be given in the following format.
S. Name of Clien Role of the Date of Date of Present Team Members

No Assignmen t firm letter of Agreem status provided
t by the firm
Sole, Lead/ Acceptan ent if of
Other in JV ce signed Assignm
or ent
sub-consulta Name DO Position
B
nt
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Key Personnel Number of key personnel employed

Sole Applicant JV
(Lead Member in (1)
case of JV)
Team Leader cum Resident Engineer

Senoir Quantity Serveyor
Road Sefty Expert
41
SECTION 4: FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
Appendix B-1 Technical proposal submission form.

Appendix B-2 Site Appreciation
Appendix B-3 Approach paper on methodology for performing the assignment
Appendix B-4 Facility for field investigation and testing
Appendix B-5 Composition of the Team and Task(s) of each Team member
Appendix B-6 Curriculum vitae of proposed Professional staff.
Appendix B-7 Time schedule for deployment of Professional staff
Appendix B-8 Activity (works) schedule.
Appendix B-9 Affidavit – Correctness of Experience claimed by the Firms
Appendix B-10 Integrity Pact
42
APPENDIX B-1-Technical proposal submission form.
FROM (Name of Firm) To: (Name and Address of Client)
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as Authority
Engineer for the EPC work.
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated (Date), and our Proposal. We are hereby submitting
our Proposal, which includes this Technical Proposal and a Financial Proposal sealed
under a separate envelope for the above mentioned work.
Our Proposal is binding upon us. We understand you are not bound to accept any
Proposal you receive
We remain,
Yours sincerely,
Managing Director/Head of the

firm/ Authorised Representative of the
firm +*
Name of the firm
Address
*LeadMemberincaseofJV
43
APPENDIX B-2: SITE APPRECIATION
Shall give details of site as per actual site visit and data provided in RFP and collected from
site supported by photographs to demonstrate that responsible personnel of the
Authority’s Engineer have actually visited the site and familiarized with the salient details/
complexities and scope of services.
44
APPENDIX B-3: APPROACH PAPER ON METHODOLOGY FOR PERFORMING
THE ASSIGNMENT
The approach and methodology will be detailed precisely under the following topics.
1) Methodology for services, surveying, road condition data collection and analysis
[not more than 2 pages]
2) Key challenges foreseen and proposed solutions in carrying out the assignment
[not more than 1page]
3) Quality Audit methodology including Quality Assurance Plan [not more than 6 pages]
45
APPENDIX B-4 : FACILITY FOR FIELD INVESTIGATION AND TESTING
1. State whether applicant has in-house (created in house at site)/ outsourced/ not
available facility for
● Surface defects detection and roughness measurement using Network Survey
Vehicle
● Pavement strength measurement using FWD
● Bridge inspection using Mobile Bridge Inspection Unit
● Road signs inspection using Retro Reflectometer
2. In-case answer to 1 is available (created in house at site) a list of field investigation
and testing equipment is to be attached
3. In case answer to 1 is outsourced/not available – arrangements made or proposed

to be made for each of the above field investigations is to be attached
4. For experience in NSV, FWD, MBIU and reflectometer, references need to be

provided in the following format:
REFERENCES
Relevant Services Carried Which Best Illustrate Qualifications
The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the
major companies within a consortium, was legally contracted by the client:
Assignment Name: Country:

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

(Certificate from Employer regarding experience should be furnished)
46
APPENDIX B-5: COMPOSITION OF THE TEAM PERSONNEL, AND
TASK(S) OF EACH TEAM MEMBER
2. Technical/Managerial Staff
Sl. No. Name Position Task
1
i. Support Staff
Sl. No. Name Position Task

1
47
APPENDIX B-6 : FORMATOF CURRICULUM VITAE (CV) FOR PROPOSED
PROFESSIONALSTAFF
Proposed Position : ………………………………………………

Photograph Name of
Firm:........................................................................................
NameofStaff:........................................................................................
Profession :..............................................................................................
Date of Birth :
YearswithFirm/Entity: ...........................................Nationality:.............................. Membership
of
Professional Societies :.........................................................................
Detailed Task Assigned : Please attach printout of CV along with all the relevant details
uploaded on portal.
Certification by the Candidate
I, the undersigned,(Name and Address) undertake that this CV correctly describes myself,
my qualifications and my experience and Employer would be at liberty to debar me if any
information given in the CV, in particular the Summary of Qualification & Experience vis-
à-vis the requirements as per TOR is found incorrect. I further undertake that I have
neither been debarred by Chief Engineer (NH), Public Works Department, Government of
Maharashtra or any other central/stage government organization nor left any assignment
with the
consultants engaged by Employer / contracting firm (firm to be supervised now) for any
continuing work of Employer without completing my assignment. I will be available for the
entire duration of the current project (named… ).If I leave this assignment in the middle of
the work, Employer would be at liberty to debar me from taking any
assignment in any of the Employer works for an appropriate period of time to be decided
by the Employer. I have no objection if my services are extended by the Employer for this
work in future.
I further undertake that my CV is being proposed for this project by (the applicant firm)
and I have not given consent to any other consultant(s) to propose my CV for any position
for this project.
I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such
unavoidable circumstances, I shall not undertake any employment in Employer projects
during the period of assignment of this project and Employer shall consider my CV invalid
till such time.
I undertake that I have no objection in uploading/hosting of my credentials by Employer

in public domain.
48
For Key Personnel having intermittent inputs, add the following:
I further certify that I am associated with the following assignments as on date (as on 7
days prior to due date for submission of proposal) including those for which LOA has been
received by the firm and the inputs in these assignments shall not effect the work of the
current assignment.
Name of Assignment Client Date of Likely start Likely end Total input of
LOA (Month / (Month / the
Year) Year) person (man-
months)
…………………………………………………………..
Date (Signature of Key Personnel)
(Day/Month/Year)
The Authority’s Engineer should carryout self-evaluation based on the evaluation criteria
at Appendix-EC and furnish the same here. While submitting the self-evaluation along
with bid, Authority’s Engineer shall make references to the documents which have been
relied upon in his self-evaluation.
Certification by the firm
The undersigned on behalf of ----------( name of consulting firm) certify that Shri (name
of proposed personnel) to the best of our knowledge has neither been debarred by Chief
Engineer (NH), Public Works Department, Government of Maharashtra or any other
Central/State Government organization nor left his assignment with any other consulting
firm engaged by the Employer /Contracting firm(firm to be supervised now) for the
ongoing projects. We understand that if the information about leaving the past assignment
is known to the Employer, Employer would be at liberty to remove the personnel from the
present assignment and debar him for an appropriate period to be decided by the
Employer.
…………………………………………………………..Date (Day/Month/Year)
[Signature of authorized representative of the Firm]
a) Deleted.
b) Deleted.
c) Deleted.
d) Deleted.
e) Deleted.
f) Deleted
49
APPENDIXB-7: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Sl. Nam Positio Month wise Program (in form of Bar Chart)
No e n [1 , 2nd, etc. are months from the start of assignment]
st
. 1st 2nd 3r 4t 5th 6th 7th 8th 9th 10t 11th 12th and Number
d h h
subseque of
nt year Months
1 Subtotal(1)
2 Subtotal(2
)
3 Subtotal(3
)
4 Subtotal(4
)
- -
- -
50
APPENDIXB-8 : ACTIVITY(WORKS)SCHEDULE
B. Activity Schedule
Month wise Program(information of Bar Chart)

[1st,2nd, etc. are months from the start of assignment]
Sr.N Item of 1st 2n 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
o. Activity(Works d
)
1 ...........................................
.....
2 ...........................................
.....
3 ...........................................
.....
4 ...........................................
.....
- ...........................................
.....
- ...........................................
.....
C. Completion and Submission of Reports
Sr.No Reports : Programme Date)
1 Monthly reports
(Design and Construction)
2 Quarterly Reports
3 Various others reports as provided in the Concession Agreement

such as Completion Report
51
APPENDIX B-9: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY
PERSONNEL AND EXPERIENCE CLAIMED BY THE
FIRMS
(To be submitted on non-judicial Stamp Paper)
I, the undersigned, on behalf of (name of the Authority’s

Engineer submitting the proposal), do hereby certify that the details furnished in this
proposal including CV of key personnel and experience claimed by the firm/firms are true
and correct to the best of my knowledge and belief.
Managing Director/Head of the

Firm/ Authorized Representative
of the firm*
Address
*Lead Member in case of JV
52
APPENDIX B-10: INTEGRITY PACT
(Tobeexecuted on plain paper and submitted along with Technical Bid/Tender documents
for tenders having a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and
same signatory competent/ authorized to sign the relevant contract on behalf of the Chief
Engineer (NH), Public Works Department, Government of Maharashtra.
Tender No.
This integrity Pact is made at on this day of 2024.
Between
Chief Engineer (NH), Public Works Department, Government of Maharashtra,

hereinafter referred to as “The Principal”, which expression shall unless repugnant to
the meaning or contract thereof include its successors and permitted assigns.
And
hereinafter referred to as “The Bidder/Contractor

/Concessionaire/Consultant” and which expression shall unless repugnant to be
meaning or context thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures,
contract/s for Consultancy Services during operation and Maintenance of 2 lane road
with paved shoulders of Mangrulpir to Mahan (NH 161 A from 971A74 b 641574)
[Designkm.75/000 to km. 107/5001(Total Length = 32.5 Km) in the state of Maharashtra
on EPC Basis mode.. The Principal values full compliance with all relevant laws of the
land, rules of land, regulations, economic use of resources and of fairness/ transparency in
its relations with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/ Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which
shall also be read as integral part and parcel of the Tender documents and contract
between the parties. Now, therefore, in consideration of mutual covenants stipulated in
thispact, the parties hereby agree as follows and this pact witnesses as under:-
Article-1 Commitments of the Principal
1. The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles:-
a. No employee of the Principal, personally or through family members, will in

connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for self, or third person, any material of immaterial
benefit which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Bidder(s) with equity and
53
reason. The Principal will in particular, before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/ additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract
execution.
c. The Principal will exclude all known prejudiced persons from the process,
whose conduct in the past has been of biased nature.
2. If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this
regard, the Principal will inform the Chief Vigilance Officer and in addition can
initiate disciplinary actions as per its internal laid down Rules/Regulations.
Article – 2 Commitments of the Bidder(s)/ Contractor(s)/

Concessionaire(s)/ Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all

measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not,

directly or through any other person or firm, offer, promise or give to any of
the Principal’s employees involved in the tender process or the execution of
the contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or during the
execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
enter with other Bidders into any undisclosed agreement or understanding,
whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-
submission or bids or any other actions to restrict competitiveness or to
introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
commit any offence under the relevant IPC/PC Act and other Statutory
Acts; further the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) will not use improperly, for purposes of completion or
personal gain, or pass on to others, any information or document provided
by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained
or transmitted electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign-
origin shall disclose the name and address of the Agents/ Representatives
in India, if any. Similarly the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) of Indian Nationality shall furnish the name and address of
the foreign principle, if any.
54
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when
presenting his bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract. He shall also
disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
instigate third persons to commit offences outlined above or be an
accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not
bring any outside influence through any Govt. bodies/quarters directly or
indirectly on the bidding process in furtherance of his bid.
Article– 3 Disqualification from tender process and exclusion from

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

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

transgression through a violation of Article-2 such as to put his reliability or
credibility into question, the Principal shall be entitled to exclude including
blacklist and put on holiday the Bidder/ Contractor/ Concessionaire/ Authority’s
Engineer for any future tenders/ contract award process. The imposition and
duration of the exclusion will be determined by the severity of the transgression.
The severity will be determined by the Principal taking into consideration the full
facts and circumstances of each case particularly taking into account the number of
transgressions, the position of the transgressors within the company hierarchy of
the Bidder/ Contractor/ Concessionaire/ Authority’s Engineer and the amount of
the damage. The exclusion will be imposed for a minimum of 1 year.
3. A transgression is considered to have occurred if the Principal after due

consideration of the available evidence concludes that “On the basis of facts
available there are no material doubts”.
4. The Bidder/ Contractor/ Concessionaire/ Authority’s Engineer with its free

consent and without any influence agrees and undertakes to respect and uphold the
Principal’s absolute rights to resort to and impose such exclusion and further
accepts and undertakes not to challenge or question such exclusion on any ground,
including the lack of any hearing before the decision to resort to such exclusion is
taken. This undertaking is given freely and after obtaining independent legal
advice.
5. The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder/ Contractor/ Concessionaire/
Authority’s Engineer shall be final and binding on the Bidder/ Contractor/
Concessionaire/ Consultant.
55
6. On occurrence of any sanctions/ disqualification etc arising out from violation of
integrity pact, the Bidder/ Contractor/ Concessionaire/ Authority’s Engineer shall
not be entitled for any compensation on this account.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Authority’s Engineer could be revoked by the Principal if the
Bidder/ Contractor/ Concessionaire/ Authority’s Engineer can prove that he has
restored/ recouped the damage caused by him and has installed a suitable
corruption prevention system in his organization.
Article – 4 Compensation for Damages.
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest
Money Deposit/ Bid Security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security (equivalent to 1% of Contract Price) apart
from any other legal right that may have accrued to the Principal.
2. In addition to 1 above, the Principal shall be entitled to take recourse to the

relevant provisions of the contract related to Termination of Contract due to
Contractor/ Concessionaire/Consultant’s Default. In such case, the Principal shall
be entitled to forfeit the Performance Bank Guarantee of the Contractor/
Concessionaire/ Authority’s Engineer and/ or demand and recover liquidated and
all damages as per the provisions of the contract/concession agreement against
Termination.
Article– 5 Previous Transgression
1. The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anti corruption/ Transparency International (TI)
approach or with any other Public Sector Enterprise/ Undertaking in India or any
Government Department in India that could justify his exclusion from the tender
process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified

from the tender process or action for his exclusion can be taken as mentioned
under Article-3 above for transgressions of Article-2 and shall be liable for
compensation for damages as per Article-4 above.
Article-6 Equal treatments of all Bidders/ Contractors/

Concessionaires/ Consultants/ Subcontractors.
1. The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) undertake(s) to

demand from all sub-contractors commitment inconformity with this Integrity
Pact, and to submit it to the Principal before contract signing.
2. The Principal will enter into agreements with identical conditions as this one with
all Bidders/ Contractors/ Concessionaires/ Consultants and Subcontractors.
56
3. The Principal will disqualify from the tender process all Bidders who do not sign
this Pact or violate its provisions.
Article – 7 Criminal charges against violating Bidder(s)/ Contractor(s)/

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/

Authority’s Engineer or Subcontractor, or of an employee or a representative or an
associate of a Bidder/ Contractor/ Concessionaire/ Authority’s Engineer or Subcontractor,
which constitutes corruption, or if the Principal has substantive suspicion in this regard,
the Principal will inform the same to the Chief Vigilance Officer.
Article – 8 Pact Duration
This Pact begins when both parties have legally signed it. (In case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/ Authority’s
Engineer 12 months after his Defect Liability period is over or 12 months after his last
payment under the contract whichever is later and for all other unsuccessful Bidders 6
months after this Contract has been awarded. (In case of BOT Projects) It expires for the
concessionaire 24 months after his concession period is over and for all other unsuccessful
Bidders 6 months after this Contract has been awarded.
If any claim is made/ lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined by
Chief Engineer (NH), Public Works Department, Government of Maharashtra.
Article – 10 Other Provisions.
1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. ........
2. Changes and supplements as well as termination notices need to be made in writing.
3. If the Bidder/Contractor/Concessionaire/Authority’s Engineer is a partnership or

a consortium, this pact must be signed by all partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
5. Any disputes/ differences arising between the parties with regard to term of this
pact, any action taken by the Principal in accordance with this Pact or
interpretation thereof shall not be subject to any Arbitration.
6. The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provisions of the extant law in
force relating to any civil or criminal proceedings.
57
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
Contractor/ Concessionaire/ Authority’s
Engineer)
(Office Seal
) Place
Date
Witness 1 :
(Name&Address):
Witness 2 :
(Name&Address):
58
SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
Appendix C-1 Financial proposal submission form
Appendix C-2 Summary of costs
Appendix C-3 Breakdown of costs
59
APPENDIX C-1: FINANCIAL PROPOSAL SUBMISSION FORM
FROM : (Name of Firm) TO : The Chief

Engineer (NH), Public
Works Department,
Maharashtra
5th Floor, Room no. 526, Konkan
Bhawan, CBD Belapur,
Navi Mumbai, Maharashtra –
400614.
Subject :
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated [Date], and our proposal. Our attached financial
proposal is for the sum of[Amount in words and figures]. This amount is exclusive of the
local taxes which we have estimated at (Amount in Words and Figures).
Our financial proposal shall be binding upon us upto the expiration of the validity period
of the proposal, i.e., [Date].
We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this

proposal and contract execution, if we are awarded the contract, are listed below:
Name and Address Amount Purpose of Commission

of Agents and or Gratuity
Currency
............................... ........................... ……..…………………

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

Authorized Representative of the
firm* Name of the firm
Address
*Lead Member in case of JV
60
APPENDIX C-2: SUMMARY OF COSTS
No. Description Amount

(Rs.)
I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Road Survey Equipment
X Contingencies
Sub Total
Goods and Services Tax Payable in India
Total Costs (Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract.
61
APPENDIX C-3: BREAKDOWN OF LOCAL CURRENCY COSTS
II. REMUNERATION FOR LOCAL PROFESSIONAL STAFF
Major Bridge Project
For Project with Operation and maintenance Period of 20 months
No. Position Nos Operation and Maintance

Period 15 months
Rate No. of Amount

man-
months*
Professional Staff
Team Leader cum Resident
1. 1 20
Engineer
Senior Quantity Surveyor
2. 1 20
Road Safety Expert 1 20

3.
Sub – Total 66
Sub-professional
1. Lab Technician 1 20
2. Quantity Surveyor 1 20
Sub Total 44
Total 110
62
II. Support Staff
No. Position Nos Staff Billing Amount( )

Months Rate()
1 Office Manager 1 20
2 Accountant cum
1 20
Cashier
3 Office Boy 1 20
66 Total :
Note : Billing rates as indicated above shall be increased in accordance of clause 6.2(a)
Special Conditions of Contract for the personnel of all categories namely
(i) key Personnel; sub- Professional personnel and (iii) Support staff. The increase as
above shall be payable only on the remuneration part of Key Personnel, Sub-Professional
Personnel and support staff. However, for evaluation of Bid proposals, the quoted initial
rate shall be multiplied by the total time input for each position on this contract, i.e.
without considering the increase in the billing rates
III. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers,
operation, maintenance, repairs, insurance, etc. for all complete approx. 3000 km/month
run
Sr.No Descriptionof Vehicles During Rate/ Vehicl Amount

Constructio e- Month
n Period
(Months)
1 Innova or Sccorpio or 20
equivalent (1 Nos.) (not
more than 6months old)
Total 20
63
IV. Duty Travel to Site (Fixed Costs) (For all Lengths of projects) :
Professional and Sub-Professional Staff
Trips Number of Trips Rate* Amount

Site to CE-RO, MoRTH, Office for 18
Key Professionals
Site to State PWD Office for Key 18
Professionals
* Rate quoted includes Hotel charges, travel cost etc. complete.
V. Office Rent (Fixed Costs)– Minimum 200 sqm area of office shall
be rented. The rent cost includes electricity and water charges, maintenance, Cleaning,
repairs, etc. complete.
Nos. of Rate/month Amount

Months
15
The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc.
complete.
VI. Office Supplies, Utilities and Communication (Fixed Costs)
No Item Months Monthly Amount

Rate in Rs.
1. Office Supplies 20
2. Drafting Supplies 20
3. Computer Running Costs 20
4. Domestic and International 20
Communication
VII. Office Furniture and Equipment (Rental)
The cost shall include rental charges towards all such furniture and equipment as required
for proper functioning of the office. Office furniture shall include executive tables, chairs,
visitor chairs, steel almirahs, computer furniture, conference table etc. Office equipment
shall include as a minimum of telephone (2 external & 10 internal lines), photocopier
(15ppm, 12000 copies per month with A3 & A4 input) fax machine, PCs(5 No., Intel i3, 19’’
colour TFT, Cache-6MB, RAM-4 GB, HDD-250 GB, DVD Writer, Key board, optical scroll
mouse, MS- Windows 10, pre-loaded anti-virus etc.), laser printers (2 no., 14 ppm, 266
MHZ, 5000 pages per month, 600x600 dpi or better etc., Engineering Plan printer (1 no.),
binding machine (1 no.), plotter A0 size, overhead projector, AC (4 no., 1.5 Ton), Water
Coolers (as required)etc.
64
Nos. of Months Rate/month Amount
15
VIII. Reports and Document Printing
No. Description No. of No. of Total Rate Amount

Repor Copies Nos. of per
ts per copies Copy (
Report )
1 Monthly reports
15 3 66
(Design and Construction)
2 Half yearly Reports 4 3 12
3 Various others reports as
provided in the Concession
4 3 12
Agreement such as
Completion Report
Total-90
65
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement
dated---
-- entered between
Authority
and --------(the Contractor)
Consultancy Services during operation and Maintenance of 2 lane road with
paved shouldersof Mangrulpir to Mahan (NH 161 A from 971A74 b 641574)
[Designkm.75/000 to km. 107/5001(Total Length = 32.5 Km) in the state of
Maharashtra on EPC Basis mode..
These Terms of Reference (the“TOR”) for the Authority’s Engineer are being specified
pursuant to the EPC Agreement dated. (the “Agreement”), which has been
entered into between the Authority and...........(the “Contractor”) for Authority
Engineer Services for the project of Consultancy Services during operation
and Maintenance of 2 lane road with paved shoulders of Mangrulpir to
Mahan (NH 161 A from 971A74 b 641574) [Designkm.75/000 to km.
107/5001(Total Length = 32.5 Km) in the state of Maharashtra on EPC
Basis mode.. and a copy of which is annexed hereto and marked as Annex-A to
form part of this TOR.
1.1 The TOR shall apply to construction and maintenance of the Project Highway.
2 Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters and not defined
herein but defined in the Agreement shall have, unless repugnant to the context,
the meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be reference to the Articles, Clauses and
Schedules of the Agreement, and references to Paragraphs shall be deemed to be
references to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall
apply, mutatis mutandis, to this TOR.
3 General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good
Industry Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior
written approval of the Authority before determining.
66
(a) any Time Extension.
(b) Any additional cost to be paid by the Authority to the Contractor;
(c) The Termination Payment; or
(d) Any other matter which is not specified in (a), (b) or (c) above and which
creates an obligation or liability on either Party for a sum exceeding
Rs.50,00,000/- (Rs.Fifty lakh.)
3.3 The Authority’s Engineer shall submit regular periodic reports, once every month,
to the Authority in respect of its duties and functions under this Agreement. Such
reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the
beginning of every month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties
and responsibilities to its suitably qualified and experienced personnel; provided
,however, that it shall not delegate the authority to refer any matter for the
Authority’s prior approval in accordance with the provisions of Clause 18.2 EPC
Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for
Change of Scope under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope
and nature of Good Industry Practice, as set forth in any provision of the
Agreement, the Authority’s Engineer shall specify such meaning, scope and nature
by issuing a reasoned written statement relying on good industry practice and
authentic literature.
S. . Role and responsibility of Officers of the Authority
The officer in-charge of the Authority (e.g. PD/RO/CGM/ Member in the case of
NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State
PWDs; and PD/ED/Director in the case of NHIDCL) is responsible for the overall
supervision and monitoring of the execution of project as the representative of the
owner of the project. The Authority’s Engineer is appointed to assist the Authority
for carrying out the functions as detailed under clause 18.2 of the EPC Agreement.
As such, an officer of the Authority is vested with all such powers and
responsibilities as are enjoined upon the Authority’s Engineer and is fully
competent to issue any instructions for proper monitoring and supervision of the
project, either by himself or through the Authority’s Engineer. Instructions issued
by the concerned officer of the Authority shall have the same effect as that of the
Authority’s Engineer in terms of this Agreement. Wherever such concerned officer
issues any instructions or notice to the Contractor, he shall endorse a copy thereof
to the Authority’s Engineer.
5 Construction Period
67
5.1 During the Construction Period, the Authority’s Engineer shall review and approve
the Drawings furnished by the Contractor along with supporting data, including the
geotechnical and hydrological investigations, characteristics of materials from
borrow areas and quarry sites, topographical surveys, and the recommendations of
the Safety Consultant in accordance with the provisions of Clause 10.1.6 of EPC
Agreement. The Authority’s Engineer shall complete such review and approve and
send its observations to the Authority and the Contractor within 15 (fifteen) days of
receipt of such Drawings; provided, however that in case of a Major Bridge or
Structure, the aforesaid period of 15 (fifteen) days may be extended up to 30
(thirty) days. In particular, such comments shall specify the conformity or
otherwise of such Drawings with the Scope of the Project and Specifications and
Standards.
5.2 The Authority’s Engineer shall review and approve any revised Drawings sent to it
by the Contractor and furnish its comments within 10 (ten) days of receiving such
Drawings. The review/approval of drawing should be authenticated by the
Authority’s Engineer.
5.3 Quality Assurance Manual and Plan forms the basis of quality of the work. It is
therefore essential that the Quality Assurance Manual and Plan prepared by the
Concessionaire be checked and approved. Thus, the Authority’s Engineer shall
check contents of Quality Assurance Plan and Manual of Concessionaire as per
requirements of Quality Management System(as per ISO 9001), IRC:SP:47-1998
and IRC:SP:57-2000 for road bridges and roads respectively. The Authority’s
Engineer Authority’s Engineer shall also offer their comments for modifying/
improving the document. After receiving the corrected document, the Authority’s
Engineer shall review and formally approve the QAM and Quality Plan and send
one copy to the Authority. The Authority’s Engineer shall complete the review of
the methodology proposed to be adopted by the Contractor for executing the
Works, and convey its comments to the Contractor within a period of 10 (ten) days
from the date of receipt of the proposed methodology from the Contractor.
5.4 The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing lane(s)
of the Project Highway for purposes of maintenance during the Construction
Period in accordance with the provisions of Clause 10.4 EPC Agreement.
5.5 The Authority’s Engineer shall review the monthly progress report furnished by the
Contractor and send its comments thereon to the Authority and the contractor
within 7 (seven) days of receipt of such report.
5.6 On a daily basis, the concerned key personnel of Authority Engineer shall inspect
the Construction Works. Following activities need to be undertaken during the
visits.
● Review of construction including progress, quality and safety of construction

● Inspection of defects and deficiencies in construction works
68
● Witnessing quality inspection tests at labs established by Concessionaire on
a sample basis
Review of quality of work shall be done in reference to Quality Assurance Plan
(QAP)/Manual and ISO 9001:2008, IRC: SP: 47-1998 and IRC: SP: 57-2000 for
road bridges and roads respectively. The Authority’s Engineer also needs to capture
following documents and send to Chief Engineer (NH), Public Works Department,
Government of Maharashtra field office via email on a daily basis
● Scanned copy of filled RFI(Request for Inspection) form including commentary on
‘Satisfactory/Unsatisfactory’ nature of work completed by Concessionaire
● Daily inspection report Proforma as provided in Annexure I
● Readings of quality inspection tests witnessed by the Consultant
● Minimum 6 high resolution photographs supporting the remarks made by the
Authority’s Engineer in RFI form
5.7 On a monthly basis, the Authority Engineer shall prepare a Monthly Inspection
Report in accordance with the format prescribed in Annexure V setting forth an
overview of the status, progress, quality and safety of construction, including the
work methodology adopted, the materials used and their sources, and conformity
of Construction Works with the Scope of the Project and the Specifications and
Standards. In a separate section of the Inspection Report, the Authority Engineer
shall describe in reasonable detail the lapses, defects or deficiencies observed by it
in the construction of the Project Highway. The Authority Engineer shall send a
copy of its Inspection Report to the Authority and the Concessionaire latest by 7 th of
every month. Key sections of the Monthly Progress Report are as follows.
S No. Section Sub-Sections

1.1 Construction progress in current month
1.2 Summary of strip plan
1 Executive Summary
1.3 Detailed strip plan
S.1. Current issues and recommended actions
by AE
2.1 Salient Features of the Project
2.2 Project Milestones
2 Project Overview
2.3 Location Map
2.4 Key Plan
Critical issues and 3.1 Pending issues and action log
3 Action 3.2 Obligations as per contract
log
4 Physical Progress 4.1 Detailed physical progress by component
5.1 LA summary
5.2 LA detail by CALA
Land Acquisition 5.3 LA detail by village
5
and Clearances 5.4 Manpower with each CALA
5.5 Clearances summary
5.6 Status of utility shifting
6 Change of Scope 6.1 Status of pending COS proposals
7 Mobilization of 7.1 Resource mobilization by contractor/
Resources concessionaire
69
8.1 Pen picture- Escrow
8 Financial Progress
Details 8.2 Escrow details
Summary of quality 9.1 Tests witnessed by IE/AE
9
control 9.2 Tests conducted by IE/AE
tests
Monitoring of 10.1 Critical issues and action log
10 maintenance 10.2 Cumulative defects and deficiencies
obligations 10.3 Status of damages
during
construction
phase
11.1 Pen picture on safety features at
11 Safety features
construction site
11.2 Accident report
Annex 1: Detailed list of physical components
12 Annexures as per
Schedule G
Annex 2 onwards: Additional details provided
by AE
5.8 If at any time during the Construction Period, the Authority Engineer determines
that the Concessionaire has not made adequate arrangements for the safety of
workers and Users in the zone of construction or that any work is being carried out
in a manner that threatens the safety of the workers and the Users, it shall make a
recommendation to the Authority forthwith, identifying the whole or part of the
Construction Works that should be suspended for ensuring safety in respect
thereof.
5.9 The Authority’s Engineer shall conduct the pre-construction review of

manufacturer’s reports and standard samples of manufactured Materials, and such
other Materials as the Authority’s Engineer may require.
5.10 For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be
carried out, tests at such time and frequency and in such manner as specified in the
Agreement and in accordance with Good Industry Practice for quality assurance.
For purposes of this, the tests specified in the IRC Special Publication-11
(Handbook of Quality Control for Construction of Roads and Runways) and the
Specifications for Road and Bridge Works issued by MORT&H (the “Quality
Control Manuals”) or any modifications/substitution thereof shall be deemed to be
tests conforming to Good Industry Practice for quality assurance.
5.11 The Authority’s Engineer shall test check at least 60(sixty) percent of the quantity
or number of tests prescribed for each category or type of test for quality control by
the Contractor.
5.12 The timing of tests referred to in Paragraph 5.10, and the criteria for
acceptance/rejection of their results shall be determined by the Authority’s
70
Engineer in accordance with the Quality Control Manuals. The tests shall be
undertaken on a random sample basis and shall be in addition to, and independent
of, the tests that may be carried out by the Contractor for its own quality assurance
in accordance with Good Industry Practice.
5.13 In the event that results of any tests conducted under Clause 11.10 establish any
Defects or deficiencies in the Works, the Authority’s Engineer shall require the
Contractor to carry out remedial measures.
5.14 The Authority’s Engineer may instruct the Contractor to execute any work which is
urgently required for the safety of the Project Highway, whether because of an
accident, unforeseeable event or otherwise; provided that in case of any work
required on account of a Force Majeure Event, the provisions of Clause 21.6 of EPC
Agreement shall apply.
5.15 In the event that the Contractor fails to achieve any of the Project Milestones, the
Authority’s Engineer shall undertake a review of the progress of construction and
identify potential delays, if any. If the Authority’s Engineer shall determine that
completion of the Project Highway is not feasible within the time specified in the
Agreement, it shall require the Contractor to indicate within 15 (fifteen) days the
steps proposed to be taken to expedite progress, and the period within which the
Project Completion Date shall be achieved. Upon receipt of a report from the
Contractor, the Authority’s Engineer shall review the same and send its comments
to the Authority and the Contractor forth with. The Authority’s Engineer shall
obtainfrom the Contractor a copy of all the Contractor’s quality control records and
documents before the Completion Certificate is issued pursuant to Clause 12.2 of
EPC Agreement.
5.16 Authority’s Engineer may recommend to the Authority suspension of the whole or
part of the Works if the work threatens the safety of the Users and pedestrians.
After the Contractor has carried out remedial measure, the Authority’s Engineer
shall inspect such remedial measures forthwith and make a report to the Authority
recommending whether or not the suspension hereunder may be revoked.
5.17 In the event that the Contractor carries out any remedial measures to secure the
safety of suspended works and users, and requires the Authority’s Engineer to
inspect such works, the Authority’s Engineer shall inspect the suspended works
within 3 (three) days of receiving such notice, and make a report to the Authority
forthwith, recommending whether or not such suspension may be revoked by the
Authority.
5.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests
specified in Schedule-K and issue a Completion Certificate or Provisional
Certificate as the case may be. For carrying out is functions under this Paragraph
4.18 and all matters incidental thereto, the Authority’s Engineer shall act under
and in accordance with the provisions of Article 12 and Schedule-K. The Authority’s
71
Engineer shall use following equipment in carrying out the tests.
S No Key metrics of Asset Equipment to be used

1 Surface defects of pavement Network Survey Vehicle (NSV)
2 Roughness of pavement Laser Profilometer
3 Strength of pavement Falling Weight Reflectometer
(FWD)
4 Bridges Mobile Bridge Inspection Unit
(MBIU)
5 Road signs and road markings Retro-reflectometer
Ministry has earlier issued guidelines vide letter dated 20.03.2019 on issuance of
completion certificate and further Ministry vide letter dated 25.02.2020 has mandated to
upload NSV survey report/data before issuing completion certificate on PMIS portal. Therefore,
the test results on completion including video, NSV survey report/data and safety audit shall
invariably be uploaded on the PMIS portal before issue of completion certificate by the
Authority’s Engineer After Ascertaining that all pre-requisites as per Contract Agreement has
been fulfilled by the contractor, failing which Consultancy firm shall be debarred for a period
of two year.
6 Maintenance Period
6.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of
its monthly Maintenance Programme and for this purpose carry out a joint
monthly inspection with Contractor.
6.2 The Authority’s Engineer shall undertake regular inspections, at least once every
month to evaluate compliance with the Maintenance Requirements and submit a
Maintenance Inspection Report to the Authority and the Contractor.
6.3 Visual Inspection of project highway
6.3.1 The Authority Engineer shall carry out visual inspection of entire highway stretch
as per the frequency defined in the following table
Frequency
Nature of defect or deficiency of
inspection
ROADS
(a) Carriageway and paved shoulders
(i) Breach or blockade Daily
(ii) Pot holes Daily
(iii) Cracking Weekly
(iv) Rutting Weekly
(v) Bleeding/skidding Weekly
(vi) Ravelling/Stripping of bitumen surface Weekly
(vii) Damage to pavement edges Weekly
(viii)
Removal of debris Daily
(b) Hard/earth shoulders, side slopes, drains and culverts
72
(i) Variation by more than 2% in the prescribed slope of Weekly
camber/cross fall
(ii) Edge drop at shoulders Weekly
(iii) Variation by more than 15% in the prescribed side Weekly
(embankment) slopes
(iv) Rain cuts/gullies in slope Weekly
Damage to or silting of culverts andside drains during and
(v) Weekly
immediately
preceding the rainy season
(vi) Desilting of drains in urban/semi-urban areas Daily
I Road side furniture including road signs and pavement marking
Damage to shape or position;
(i) Daily
poor visibility or loss of retro-reflectivity
(d) Street lighting and telecom (ATMS)
(i) Any major failure of the system Daily
(ii) Faults and minor failures Daily
(iii) Streetlight with Lux Meter Weekly
e) Trees and plantation
Obstruction in a minimum head-room of 5 m above
(i) Daily
carriageway or
obstruction in visibility of road signs
(ii) Deterioration in health of trees and bushes Weekly
(iii) Replacement of trees and bushes Weekly
(iv) Removal of vegetation affecting sight line and road Weekly
structures
(f ) Rest areas/Wayside amenities
(i) Cleaning of toilets Daily
(ii) Defects in electrical, water and sanitary installations Daily
(g) Toll plaza[s]
(i) Failure of toll collection equipment including ETC or lighting Daily
(ii) Damage to toll plaza Weekly
(h) Other Project Facilities and Approach roads
Damage or deterioration in Approach Roads,
(i) -[pedestrian facilities, Daily
truck lay-bys, bus-bays, bus- shelters, cattle crossings,
Traffic Aid Posts, Medical Aid Posts and other works]
(j) Incident Management
73
Frequency
Nature of defect or deficiency of
inspection
Instances of Incident Management as reported including time
(i) Daily
of call,
response time, services rendered and time of clearing of the
Highway.
(ii) List of the Incident Management Services rendered. Weekly
BRIDGES
(a) Superstructure of bridges
(i) Cracks Weekly
(ii) Spalling/scaling Weekly
(b) Foundations of bridges
(i) Scouring and/or cavitation Weekly
I Piers, abutments, return walls and wing walls of bridges
(i) Cracks and damages including settlement and tilting Weekly
(d) Bearings (metallic) of bridges
(i) Deformation Weekly
(e) Joints in bridges
(i) Loosening and malfunctioning of joints Weekly
(f) Other items relating to bridges
(i) Deforming of pads in elastomeric bearings Weekly
Gathering of dirt in bearings and joints; or clogging of spouts,
(ii) Weekly
weep holes
and vent-holes
(iii) Damage or deterioration in parapets and handrails Weekly
(iv) Rain-cuts or erosion of banks of the side slopes of Weekly
approaches
(v) Damage to wearing coat Weekly
Damage or deterioration in approach slabs, pitching, apron,
(vi) Weekly
toes, floor or
guide bunds
(vii) Growth of vegetation affecting the structure or obstructing Weekly
the waterway
6.3.2 All elements which have daily inspection frequency shall be inspected weekly as
well. Similarly, all elements which have weekly inspection frequency shall be
inspected monthly as well.
6.3.3 Daily inspection report format and weekly inspection report format has been
provided inAnnexure II and III of this document respectively. Manpower which
needs to conduct visual inspection and mode of reporting is defined in the
following table
Frequency of Inspection to be carried out Mode of reporting

inspection by
Daily Sub-professional staff Soft copy by Email
Weekly Key personnel Soft copy by Email
Monthly Key personnel Hard copy and Soft
copy
74
6.3.4 High resolution photographs and video of the highway stretches having defects
and/or deficiencies shall be submitted along with Weekly Inspection Report and
Monthly Status Report. Summary of key observations around defects and
deficiencies in highway stretch shall be reported in Monthly Progress Report and
detailed inspection report shall be provided as Annexure to Monthly Progress
Report.
6.3.5 The Authority’s Engineer shall also be responsible for inspection and monitoring of
Wayside Amenities. ETC (Electronic Toll Collection) and ATMS (Advanced Traffic
Management System) and incident management.
6.4 Road conditions surveys
6.4.1 The carrying out of condition surveys will be one of the most important and crucial
field tasks under the project. The Authority Engineer shall carry out condition
surveys using equipment and following a frequency as defined under.
Frequency of
S Key metrics of Equipment to be used
condition
No Asset
Survey
Surface defects of At least twice a year (As
1 Network Survey Vehicle per
pavement (NSV) survey months defined for
the state basis rainy
season)
At least twice a year (As
2 Roughness of Laser Profilometer per survey months
pavement defined for the state basis
rainy season)
Falling Weight
3 Strength of At least once a year
Reflectometer
pavement
(FWD)
Mobile Bridge Inspection
4 Bridges per
Unit (MBIU) survey months defined
for the state basis rainy
season)
5 Road signs Retro-reflectometer per
survey months defined
for the state basis rainy
season)
The first equipment based inspection shall be conducted at the time of completion testing.
The other inspections shall be conducted before and after the rainy seasons as per the
schedule defined in Annexure IV, except for FWD testing which shall be conducted once a
year.
Calibration of equipment, wherever needed, is required to be done in presence of

Competent Authority. Once approval of equipment, the settings and a sample data set is
provided by Competent Authority, network level data for entire project stretch can be
collected. Month of survey for each state has been defined in Annexure IV of this
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document.
6.4.2 Measurement of pavement surface defects and roughness
i. The Authority Engineer shall use Network Survey Vehicles mounted with
equipment such as Laser based automatic crack detection , high resolution
digital cameras for RoW and pavement, high accuracy DGPS receiver and in
vehicle data processing software or better technology to accurately measure
following pavement surface properties
Surface defect Dimensions to be reported
● Length
Cracking ● Width
● Depth
● Area
Potholes
● Depth
Raveling ● Indicator
Surface defect Dimensions to be reported

● %
● Area
● Depth
Rutting
● Width
Concrete Joint/ Faulting ● Length
Roughness ● IRI in both wheel paths
ii. The following criteria shall be met by the process of defects detection
● Measurement of 3D road profile using such technologies as laser scanning
or other proven technologies.
● Ability to operate (collect data) at different speeds with a minimum speedof
30km/hr and up to at least 75 km/ hr.
● Profile depth accuracy of 0.5mm
● Capability for lane tracking to control driver wander’ and ensure high
repeatability of data between surveys.
● Measure at least 3.5m width of highway lane.
● Transverse Profile including rut depth measurement of pavement surface
widths of both carriageway and shoulders. The rut depth data must be
convertible to different straight edge lengths (1.8m to 3.5m) and meet
industry standards (ASTM E1703 / E1703M).
● Pavement images with capability to automatically identify and rate distresses
● Roughness measurement with outputs of both raw longitudinal profiles and
InternationalRoughnessIndex(IRI)calculationshallbereportedatleast100m
referenced to the preceding Location Reference Post (LRP). The roughness
must meet ASTM-E950 (equivalent to Class I road profiler). The IRI shall
be determined in both wheel paths.
● Ability to record images at user-defined intervals (e.g. every 5, 10m, etc.)
● Minimum images resolution of 1600x1200
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● Outputs must include Standard JPEG image or similar industry standard
● Distance resolution of <1mm,
● Capable of achieving distance accuracy of 0.1% (i.e. within 1m over 1km
distance)
● All data outputs should be in a non-proprietary format (e.g..CSV,.MDB,
Excel) and not require specialist software in order to view or format data
● Data should also be capable of being easily formatted into data
compatible with HDM-4
iii. The following are the set of deliverables which should be submitted after
completion of survey as part of Monthly Progress Report
● Raw data generated from the equipment which are part of Network Survey
covering the parameters mentioned in above table. It should also include
o Survey ID, Description, Date, Lane
o GPS referenced data for GISmapping
● Video logging
o Pavement imagery (AVI/JPEG)
o 360 degree imagery (JPEG)
● Interpretation report covering summary of entire survey and analysis of
defects and deficiencies
6.4.3 Measurement of pavement strength
(i) The Authority Engineer shall carry out structural strength surveys for existing
pavements using Falling Weight Deflectometer technique in accordance with the
procedure given in IRC:115-2014 (Guidelines for Structural Evaluation and
Strengthening of Flexible Road Pavements Using Falling Weight Deflectometer
(FWD) Technique) and IRC: 117-2015 (Guidelines for the Structural Evaluation of
Rigid Pavement by Falling Weight Deflectometer)
(ii) The interval at which deflection measurements are to be taken up are as per
IRC:115- 2014 / IRC:117-2015. For flexible pavements, the sample size and the
interval of the data to be collected depends on the length of the uniform section
calculated and condition of the pavement section i.e. ‘good’, ‘fair’ and ‘poor’ for
each lane, established on the pavement condition data based on the criterion given
in IRC:115-2014. For rigid pavements, the deflection data may be collected at
interiors, corners, transverse joints and longitudinal joints in the outer lanes at
intervals as specified in IRC:117-2015.
(iii) The following are the set of deliverables which should be submitted after
completion of inspection test as part of Monthly Progress Report
● Data report covering following parameters

o Deflection Bowl (Transient Deflections at seven different points)
o Corrected Elastic Modulus Bituminous E1
o Corrected Elastic Modulus Granular E2
o Corrected Elastic Modulus Subgrade E3
o Subgrade CBR
● Interpretation report covering summary of entire survey results and
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analysis of key parameters
6.4.4 The Authority Engineer shall carry out the condition and structural assessment
survey of the bridges in accordance with IRC-SP; 35 with the use of Mobile
Bridge Inspection unit (MBIU) or better technology.
(i) The following criteria shall be met by the process of bridge condition assessment
● Automatic folding and unfolding of platform

● 90 degree rotation of platform
● Sufficient safety features to be incorporated such as dedicated power supply,
emergency cut off system, etc
● Complete access to hidden parts of the bridge by the raters
(ii) Detailed bridge inspection report shall be submitted as per the Inspection
Proforma provided in IRC-SP 35.
6.4.5 Measurement of retro reflection of road signs
(i) TheAuthorityEngineershallmeasureCoefficientofretroreflectedluminanceRA(night
time retro reflection) of road traffic signs using a portable retro reflectometer.
(ii) The following criteria shall be met by the process of road signs retro
reflection measurement
Measurement of retro reflective signs shall be conducted in accordance with

ASTM E1709 and ASTM E2540
Measurement time after pressing trigger shall be less than or equal to 1 sec
Observation angle adjustment from 0.2 degrees to 2.0 degrees
Entrance angle adjustment from -45 degrees to +45 degrees

Self-contained commercially available battery
Inbuilt data storage of at least 2,000 measurements so that data transfer

requirement is minimized while the survey is being conducted
Interface for transferring data from device to Computer
Built in GPS to capture GPS coordinates of road sign
Range shall be at least 0-2000 cd/lx/m2
(iii) The following are the set of deliverables which should be submitted after
completion of survey as part of Monthly Progress Report
System generated coefficient of retro reflected luminance RA (nighttime retro
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reflection) of all road signs
Interpretation report covering analysis of road signs falling in different range

of RA and actions to be taken
6.5 The Authority Engineer shall carry out following inspections of ETC lanes at toll
plazas on a month basis:
(i) Infrastructure:
● Availability of civil infrastructure at toll plazas required for installation of ETC

systems
● Adequacy of hardware, software and other related items as per IHMCL
Maharashtra technical specifications and requirements
(ii) Operations:
● Adherence of various stakeholders (acquirer bank, system integrator, toll

operator, issuer bank etc) of the ETC system to the service level agreements
● Efficacy of the ETC system(RFID tagging, AVC, WIM etc) in terms
ofaccuracy and uptime
● Tracking and reporting toll plaza experience metrics such as average
waiting time, transaction times for different modes of payment(RFID, cash,
smartcards, Qrcodes etc) and congestion levels (eg. Length of queue in
different lanes) across 4 different times in a day
● Robustness of dispute resolution mechanisms in place for the tag holder
and toll operators by the issuer and acquirer banks
6.6 The Authority Engineer shall prepare a Monthly Status Report in O&M phase of
project in respect of its duties and functions under this Agreement and in
accordance with the format prescribed in Annexure VI. 1st deliverable of the report
which is an executive summary to the main report (Section 1) shall be submitted to
the Authority and updated on the PMIS and project specific website by 4th of every
month. Main report (Section 2 onwards) shall be submitted to the Authority and
updated on the PMIS and project specific website by 7th of every month.
Keysections of the Monthly Status Report are as follows;
S.No Sections Sub

sections
1.1 Overall road condition
1.2 Key reporting metrics
1.3 Key maintenance activities undertaken
1 Executive Summary
1.4 Pending issues
1.5 Recommended actions by AE
1.6 Strip plan for maintenance
2.1 Key project details
2.2 Location map
2 Project Overview 2.3 Key plan
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2.4 Summary of project features
2.5 RoW availability
3.1 Issue and action log
Critical issues and 3.2 Summary of deficiencies
3
action taken 3.3 Obligations as per contract
3.4 Inspection schedule
4.1 Summary of NCR issued
4 Monthly Inspection
Report 4.2 Equipment based inspection report
5.1 Monthly ETC Report
5 Monitoring of ETC 5.2 On-ground infrastructure report
Lanes 5.3 On ground ETC operations & SLA
adherence
6.1 Damages for non completion of project
facilities
6 Status of damages
6.2 Damages for breach of maintenance
activities
6.3 Damages for non completion of major
maintenance works
Change of
7 7.1 Change of Scope proposals
Scope
proposals
8 Status of pending 8.1 Status of pending disputes
disputes
9.1 Toll collection statement
9 Reports
9.2 Accident Report
S.No Sections Sub sections

9.3 Details of user complaints
9.4 Encroachment list
9.5 Lane closure report
Annex I- Detailed visual inspection report of
10 Annexures project highway
Annex II onwards- Additional details provided by
AE
6.7 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall
carry out, or cause to be carried out, for the purpose of determining that the Project
Highway is in conformity with the Maintenance Requirements. It shall monitor
and review the results of such tests and remedial measures, if any, taken by the
Contractor in this behalf.
6.8 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the

Authority’s Engineer shall, in conformity with Good Industry Practice, specify the
permissible limit of deviation or deterioration with reference to the Specifications
and Standards and shall also specify the time limit for repair or rectification of any
deviation or deterioration beyond the permissible limit.
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6.9 The Authority’s Engineer shall examine the request of the Contractor for closure of
any lane (s) of the Project Highway for undertakings maintenance/repair thereof,
and shall grant permission with such modifications, as it may deem necessary,
within 5 (five) days of receiving a request from the Contractor. Upon expiry of the
permitted period of closure, the Authority’s Engineer shall monitor the reopening
of such lane (s), and in case of delay, determine the Damages payable by the
Contractor to the Authority under Clause 14.5 of EPC Agreement
7 Determination of costs and time
7.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness,
that are required to be determined by it under the Agreement.
7.2 The Authority’s Engineer shall determine the period of Time Extension that is
required to be determined by it under the Agreement.
7.3 The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5 of EPC Agreement.
8 Payments
8.1 The Authority’s Engineer shall withhold payments for the affected works for which
the Contractor fails to revise and resubmit the Drawings to the Authority’s
Engineer in accordance with the provision of Clause 10.2.4 (d) of EPC Agreement.
8.2 Authority’s Engineer shall
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 19.4, determine the amount due to the
Contractor and recommend the release of 90 (ninety) percent of the
amount so determined as part payment, pending issue of the Interim
Payment Certificate; and
(b) within 15 (fifteen) days of the receipt of the Stage Payment Statement
referred to in Clause 19.4, deliver to the Authority and the Contractor an
Interim Payment Certificate certifying the amount due and payable to the
Contractor, after adjustments in accordance with the provisions of Clause
19.10 of EPC Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the First stage
Maintenance Payment Statement from the Contractor pursuant to Clause 19.6 of
EPC Agreement, verify the Contractor’s statement and certify the amount to be
paid to the Contractor in accordance with the provisions of the Agreement.
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the
receipt of the final payment statement of Maintenance in accordance with the
provisions of Clause 19.16 of EPC Agreement.
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9 Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified
in the Agreement.
10 Miscellaneous
10.1 All key personnel and sub professional staff of the Authority Engineer shall use the
fingerprint based (biometric) attendance system for marking their daily
attendance. Attendance shall be marked at least once a day and anytime during the
day. 1 Biometric Attendance System shall be installed by the Authority Engineer at
its own cost at the site office in order to facilitate the attendance marking. More
systems can be installed near the project highway up to a maximum of 1 system per
50 km in order to encourage frequent visits of project highway by key personnel
and sub professional staff. A copy of monthly attendance records shall be attached
with Monthly Status Report. Proper justification shall be provided for cases of
absence of key personnel/ sub professional staff which do not have prior approval
from Project Director of concerned stretch
10.2 A copy of all communications, comments, instructions, Drawings or Documents

sent by the Authority’s Engineer to the Contractor pursuant to this TOR, and a copy
of all the test results with comments of the Authority’s Engineer thereon, shall be
furnished by the Authority’s Engineer to the Authority forthwith.
10.3 The Authority’s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as – built’ Drawings and keep them in its safe
custody.
10.4 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer
shall obtain a complete set of as built Drawings in 2 (two) hard copies and in micro
film form or in such other medium as may be acceptable to the Authority,
reflecting the Project Highway as actually designed, engineered and constructed,
including an as-built survey illustrating the layout of the Project Highway and
setback lines, if any, of the buildings and structures forming part of project
Facilities; and shall hand them over to the Authority against receipt thereof.
10.5 The Authority’s Engineer, if called upon by the Authority or the Contractor or both,
shall mediate and assist the Parties in arriving at an amicable settlement of any
Dispute between the Parties.
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10.6 The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
11. PERFORMANCE CLAUSE
Authority’s Engineers shall be expected to fully comply with all the provisions of the
`Terms of Reference’, and shall be fully responsible for supervising the Designs,
Construction and maintenance and operation of the facility takes place in
accordance with the provisions of the EPC Agreement and other schedules. Any
failure of the Authority Engineer in notifying to Employer and the Contractor on
non-compliance of the provisions of the EPC Contract Agreement and other
schedules by the EPC Contractor, non-adherence to the provision of ToR and non-
adherence to the time schedule prescribed under ToR shall amount to non-
performance.
The Authority Engineer shall appoint its authorized representative, who shall issue
on behalf of the AE, Completion Certificate along with the Team Leader and shall
carry out any such task as may be decided by Employer. The AE shall take prior
approval of Employer before issuing Completion Certificate. The proposal
submitted shall also include the name of the authorized representative along with
the authorization letter and power of attorney.
12. CONSULTANT’S PROPOSAL
12.1 List of key personnel to be fielded by the Consultants shall be as below:
Normal Highway Project:
i. Team Leader Cum Senior Highway Engineer

ii. Resident cum Highway Engineer
iii. Senior Quantity cum Material Expert
iv. Bridge/Structural Engineer
v. Senior Pavement Specialist
vi. Road Safety Expert
Standalone Bridge Project:
i. Team Leader Cum Resident Engineer

ii. Bridge Expert cum Senior Quantity Surveyor cum Material Expert
iii. Senior Contract Specialist
Standalone Tunnel Project:
i. Team Leader Cum Senior Tunnel Expert

ii. Resident cum Excavation Specialist
iii. Senior Geotechnical Expert
iv. Tunnel Design Engineer
v. Tunnel Safety Expert
vi. Senior Contract Specialist
vii. Senior Geologist
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12.2 Broad job-description and minimum qualification for key personnel mentioned
above is enclosed as Enclosure–B. However, higher marks shall be accorded to
the Candidate with higher relevant qualification and experience. All the CV’s of the
personals mentioned in Para5.3 (iii) of Data Sheet shall be evaluated at the time of
evaluation of technical proposal. The age of the all Key Personnel should not
be more than 65 years on the date of submission of proposal.
Consultants are advised in their own interest to frame the technical proposal in an
objective manner as far as possible so that these could be properly assessed in
respect of points to be given as part of evaluation criteria. The bio-data of the key
personnel should be signed on every sheet by the personnel concerned and the last
sheet of each bio-data should also be signed by the uthorized signatory for the
Consultant. The key personnel shall also certify at the end of their bio- data
proforma that they have not left any of the Employer works without completing of
their assignment and have not accepted any other offer at the time of signing of the
bio-data and as such shall be available to work with the Authority Engineer, if the
Project is awarded. In case the key personnel leaves the assignment without
approval of Employer, Employer would beat liberty to take any appropriate action
against that key personnel including debarment. The CV submitted by selected
firm/JV shall be hoisted on official website of Employer.
12.3 In addition to above, consultants are required to propose other key personnel,
sub- professional staff and other field engineers as detailed in Enclosure-A and
the minimum qualification requirements for the same is enclosed in Enclosure–
B.
13. PERIOD OF SERVICES
13.1 The services of an Authority’s Engineer will be in phases as per Contract

Agreement.
13.1.1 The appointment of the Authority’s Engineer shall initially be as per details given
below.
Period of service Construction Maintenance/ DLP

(in period Period
months) (in months) (in months)
Construction Period 15
0 months
The proposed manpower deployment for this period shall be matching the
activities to be performed during the said period. The time frame for services
during the deployment of key personnel during this period shall be as shown in
Enclosure A. Extension of Time for providing services of the Authority’s Engineer
may be extended concurrently with the Extension of Time granted, if any, to the
EPC Contractor for the project, subject to satisfactory performance of the
Authority’s Engineer.
14. Project Coordinator
The Firm shall appoint a personnel from its head office to act as Project
84
Coordinator for the assignment. He will be authorized to communicate with the
Authority in respect of all matters pertaining to the project. The cost of the Project
Coordinator shall be incidental to the Consultancy Assignment.
Enclosure-A
MAN MONTHS INPUT FOR KEY PROFESSIONAL STAFF
AUTHORITY ENGINEER
S. Key Personnel Man-month in Man-month Total Man

No. in month
Construction Defect
Liability
Period of 0 Period of 15
A: Key Personnel
months months
Team Leader Cum Residant 15 15
1
Engineer
15 15
2 Senior Quantity Surveyor
15 15
3 Road Safety Expert
Sub Total 45 45
Total for Construction
B: Sub Professional Staff

Lab Tech. 15 15
Quantity Surveyor 15 15
Sub Total 30 30
Total for Construction
Grand Total
75
Note:
1. The other inputs like support staff shall be provided by the Consultant of an acceptable type
commensurate with the roles and responsibilities of each position.
2. In case of project having different construction period, Man Month Input shall be adjusted
proportionately.
3. The Financial Expert or Legal expert or Contract Specialist may be required for the project for
specific needs. Their deployment shall be arranged by the Consultant on specific requisition
from the Authority and the payment shall be made as per the actual deployment. The Financial
Expert or Legal expert or Contract Specialist shall be paid at the rates quoted for Senior
Pavement Specialist.
85
Enclosure-B
QUALIFICATION OF KEY PERSONNEL
TEAM LEADER CUM RESIDENT ENGINEER

This is the senior most position and the expert engaged as the team leader shall be
responsible for reviewing the entire Project preparation and implementation activities
of the Concessionaire. He shall check all the Designs being prepared by the
Concessionaire, ensure execution of works on site as per specification and standards,
and continuously interact with the Chief Engineer (NH), Public Works Department,
Government of Maharashtra and the Concessionaire. He shall undertake Project site
visits and shall guide, supervise, coordinate and monitor the work of other experts in
his team as well as those of the Concessionaire. The candidate should have a proven
record of supervising, organizing and managing of construction of highway projects
and also of Project preparation of large magnitudes projects, as defined below, financed
by international lending agencies and others. Knowledge of Project management shall
be an added advantage.
He should have the following qualification / experience.
1. Essential Qualifications.
a) Graduate in Civil Engineering from recognized university.
b) Total Professional Experience of at least 10 years in handling Highway Projects.
c) At least 5 years experience as Team Leader/Project Manager or similar capacity
in Highway Development Project.
d) He should have handled as Team Leader/Project Manager or similar capacity of
at least two projects in Construction Supervision / IC (of length 40% of project
length or more of similar configuration (2/4/6 laning**)
e) He should have handled as Team Leader or similar capacity of at least two
Projects of project Preparation of major highway Project (of length 40% of
project length or more of similar configuration (2/4/6laning**).
f) Experience as Team Leader/Project Manager or similar capacity in Operation
and Maintenance of Major Highway Projects(of length 40% of project length or
more of similar configuration (2/4/6 laning**).
2. Preferential Qualifications.
a) Post Graduate Degree in Construction Management/Transportation/Highway
Engineering//Structural Engineering/ any specialised stream of Civil
Engineering.
b) Highway Development Projects (of length 40% of project length or more of
similar configuration (2/4/6 laning**) taken up under EPC.
c) Degree/Diploma/Certificate in Project Management
Note: (1) Similar Capacity includes the following positions
i. On behalf of Consultant: Team Leader / Resident Engineer
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(Construction Supervision/IE/AE).
ii. On behalf of Contractor : Project Manager (Construction/
Construction Supervision)
iii. In Government Organizations : Superintending Engineer (or equivalent)
and above
(2) Only those projects will be considered for evaluation at Sl. No. 1(d), 1(e) & 1(f)
above, where the input of the personnel is 12 months, 9 months and 12 months
respectively.
RESIDENT ENGINEER
The Resident cum Highway Engineer shall be responsible for supervising the works of
highway to be constructed by the Concessionaire for this project. He shall also inspect
the pavement rehabilitation and repair works to be undertaken by the Concessionaire.
a) Graduate in Civil Engineering from a recognized University.
b) Professional Experience of at least 12 years in Highway Projects.
c) At least 5 years experience in similar capacity in Highway Development Project.
d) Should have handled at least 2 major projects(of length 40% of project length or
more of similar configuration (2/4/6 laning**) and above).
a) Post Graduate Degree in Transportation/Highway Engineering/Structural
Engineering/Geotechnical Engineering/any specialised stream of Civil
Engineering.
b) Experience of Highway Project (of length 40% of project length or more of
similar configuration (2/4/6 laning**) and above) of Construction /
Construction Supervision / IC of Highway projects
87
SENIOR QUANTITY SURVEYOR
Duties: He will be reporting to the Team Leader and Give input as when required
during the work. He will provide necessary guidance to the Quantity Surveyor and shall
issue directions/procedures/Formats of reporting to the Quantity Surveyor. He will act
as a contract specialist also for the construction package, even though the thrust of his
responsibilities will be in the areas of quantity surveying/processing of the invoices etc.
He will be responsible for taking all measures required to control the project cost and
time over-runs. He will examine the claims of the contractor, variation orders, if any,
and will approved the progress reports as per the project requirements. He will approve
the measurements of all items of works executed in different stages for payment
purpose prepared by Quantity Surveyor.
He should have the following qualifications / experience
He should have knowledge in Preparation of Bill of Quantities/estimates for major

projects. He shall also review the test results of bore holes, quarry and borrow area
material to find out their strength characteristics and suitability for using them in
construction. He shall inspect the Concessionaire’s field laboratories to ensure that they
are adequately equipped and capable of performing all the specified testing
requirements of the contract. He shall look into the quality assurance aspect of the
construction works and supervise the setting-up of the various Concessionaire’s rock
crushers and bituminous mixing plants to ensure that the specified requirements for
such equipment are fully met.
b) Professional Experience of at least 10 years in handling Highway/Bridge projects.
c) At least 5 years experience in Construction / Construction Supervision of bridge /
interchange / any other structures.

d) Experience in similar capacity in supervision of at least 2 Major Highway
Bridges.
e) Experience in supervision of Rehabilitation and repair of 2 nos Major Bridges.
a) Post Graduate Degree in Structural Engineering.
b) He should have thorough understanding and experience of modern bridge
construction technology. viz., Precast Segmental, Balanced Cantilever
Construction, Extradosed Bridge, Full Span Launching, Incremental Launching.
88
SENIOR PAVEMENT SPECIALIST
The expert shall be continuously interacting with the Concessionaire, for the review of
highway designs and drawings using sophisticated computer software and also
construction and O&M works and toensure life cycle cost effectiveness and viable
design of pavement including appropriate rehabilitation / strengthening of the existing
two lane pavement which is significantly distressed. He shall also be responsible for
ensuring complete adherence to maintenance standards during Construction and
Operation period. Thus, the position requires a pavement specialist with thorough
knowledge and understanding of international ‘best practices’ in the field of Design,
Construction and maintenance of flexible/rigid type of pavements including latest
Codal stipulations and specifications.
b) Professional Experience of at least 10 years in Pavement Design / Pavement
Construction / Pavement Maintenance of Highways / Roads / Airfield Runways
c) Experience of at least 5 years in similar capacity in Construction / Construction
Supervision of 2/4/6 laning** of major highway projects.
d) Experience as Pavement / Geotechnical Engineer in Construction/Construction
Supervision of at least 2 major highway projects (of length 40% of project
length or more of similar configuration (2/4/6 laning**) and above).
a) Post Graduate Degree in Highway Engineering / Pavement Engineering
/Transportation Engineering
b) Experience as a Pavement Specialist/Pavement Engineer in Highway project(of
length 40% of project length or more of similar configuration (2/4/6 laning**)
and above).
89
MATERIAL ENGINEER
b) Professional Experience of at least 10 years in handling Highway projects.
c) Experience of at least 5 years as Senior Quality/ Material Expert or in similar
capacity in Construction / Construction Supervision /major highway projects
d) Experience as Senior Quality/ Material Expert or in similar capacity in handling
of at least 2 similar highway projects.(of length 40% of project length or more of
similar configuration (2/4/6 laning**) and above)
a) Post Graduate Degree in Geotechnical Engineering / Foundation Engineering /

Soil Mechanics.
ROAD SAFETY EXPERT

Shall be responsible for the overall Road Safety Aspect of the Project. He shall ensure
that safety provisions as per relevant codes are strictly followed at site during
Construction of Road and also during the Maintenance Period
b) Professional Experience of at least 10 years in handling Highway projects.
c) Minimum 5 years experience in Road Safety works of Major Highway Projects
(4 / 6 laning projects)
d) Experience in similar capacity in Road Safety Audit of at least 2 nos. 2/4/6
lane** highway / expressway project including 1 nos. at design stage
e) Experience in similar capacity in the field of Road Safety Management Plan.
2. Preferential Qualifications
a) Post Graduate Degree in Traffic Transportation/Safety Engineering.
b) Experience in similar capacity in identification and improvement of black spots
on Major Highway Project.
c) Experience in similar capacity in Preparation of Road Safety Management Plan
for inter urban Highways.
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SENIOR CONTRACT SPECIALIST
Duties: He will be deployed in working season in stages for cumulative duration of period
mentioned in Enclosure-A for obtaining his expert opinion on emerging contractual
issues. His key responsibilities will be to guide and assist Team Leader/Employer in all
aspects of contract management in proper implementation of contract provisions
including controlling the project cost of the construction package. He will also be
required to offer his advice on contractual complications arising during the
implementation as per the request of the employer. He will be required to prepare
manuals/schedules for the consultants team/employer based on the provisions of the
contract document. He will be responsible for giving appropriate suggestions in handling
claims of the contractors and any dispute arising thereof.
(1) Essential Qualifications.
b) Professional Experience of 15 years in Contract Management.
c) Experience of at least 4 years as Contract Specialist on any National/State
Highway project/Bridge Project.
d) Contract Management of a large Highway/Bridge contract say over Rs.150 crore
including experience of handling Variation orders, claims of the contractor and
there appropriate disposal for at least 2 projects.
e) Handled at least one Arbitration cases in respect of any Highway/Bridge
projects.
f) Not more than 65 years ofage.
(2) Preferential Qualifications.
(a) Degree in Law/PG in management/certificate course in management/ certificate
course in construction management/certificate course in contract management.
SUB PROFESSIONAL
SURVEY ENGINEER
The candidate should be Graduate in Civil Engineering having at least 3 years experience.
He should have handled at least 1 major bridge project.
LAB TECHNICIAN
The candidate should be Graduate in Civil Engineering having at least 3 years experience.
Or Diploma in Civil having at least 5 Year Experience .He should have handled at least 1
bridge project.
QUANTITY SURVEYOR
Duties:-
He will be reporting to the resident engineer in day to day working. He will also work
under the guidance of the senior quantity surveyor, and shall abide by the
directions/procedures/formats of reporting and approvals settled by the senior quantity
surveyor. He will act as contract specialist also for the construction package, eventhough the
thrust of his responsibilities will be in the areas of quantity surveying/processing of the
invoices etc. He will be responsible for reporting all measures required to control the project
cost and time over-runs. He will examine the claims of the contractor, variation orders if any
and will prepare the progress reports as per the project requirements. For the purpose, he will
be required to get the levels and quantity measurements checked in all items of works
91
executed in different stages for calculations required for payment purpose. He will be
required through out the currency of the project.
Qualification and Experience:-
The Candidate should be a graduate in civil engineering with relevant experience in the field
of estimating, preparation and processing of the invoices, analyzing rates, checking survey
details etc. of the projects. He should have about 8 years of professional experience involving
resource planning and scheduling, quantity survey, cost control, contract management etc.
diploma holders with longer relevant experience of about 12 years could also be considered.
He must have worked as Quantity Surveyor for at least 4 years in any national/state highway
projects. He should not be more than 65 years of age.
OFFICE MANAGER
The candidate should be Graduate having at least 3 years experience.
SURVEY ENGINEER
Duties:-
Checking layout of central lines, layout of curves, levels and profiles, etc. will be his main
responsibility. Apart from this, he shall also assist the quantity surveyor in preparation of
invoices. He shall also be responsible modifying survey data incase any modification in
required in the design during execution.
Qualification and Experience:-

He should be graduate in civil engineering with 3 years of experience for BE civil and 6
year for diploma holders. Survey Engineer should be conversant with modern survey
equipments, total stations, auto level, digital level etc. diploma holders should have worked
in at least One major highway project. He should not be more than 60 years of age.
CAD EXPERT
Heshould be Graduate in Civil Engineering/Computer Science havin gexperience in

computer related design method for highwayengineering.
ENVIRONMENTAL ENGINEER
The Candidate should be Graduate in Civil Engineering/Environmental Engineering or

other relevant qualification. He should have at least 6 years experience out of which 2
years in highway projects. He should have good knowledge of MOEF
guidelines/requirements for mitigation measures.
ASSISTANT BRIDGE ENGINEER
The Candidate should be Graduate in Civil Engineering with 3 years experience..
ELECTRICAL ENGINEER
The Candidate should be Graduate in Electrical Engineering from recognised institute. He

should have at least 6 years experience
HTMS/TOLLING SYSTEM EXPERT

The candidate should be a senior Systems Engineer having experience of at least 15 Years.
He should be an expert in preparation of standards for projects of toll collection and
HTMS. He should have bachelors degree in Civil Engineering/Electronics/Computer
Science/other relevantareas. Heshould haveexperience of international latest practices
92
inthe field of HTMS and tolling. He should have work experience on at least 2 similar
projects in similar capacity.
HORTICULTURE CUM LANDSCAPING SPECIALIST
He should be a Graduate in Agriculture with specialization in Horticulture/Arboriculture

having minimum 5 year of field experience in Horticulture/Arboriculture and landscaping.
He should have minimum 5 years field experience.
HIGHWAY DESIGN SPECIALIST

The Highway Specialist shall be responsible for the review of highway designs and drawings
using sophisticated computer software and also construction and O&M works. Should be a
graduate in Civil Engineering from a recognized University (higher qualifications will be
preferable); His expertise shall include computer aided design methods for Civil/Highway
Engineering with particular reference to CAD application to the geometric design for highway
rehabilitation and/or upgrading projects He should be a Graduate in Civil Engineering
having minimum 12 year ofexperience in Highway works and 5 year experience in
Highway Design work.
BRIDGE DESIGN SPECIALIST

The Bridge Design Specialist shall be responsible for checking the designs of bridges, ROBs,
interchanges and any other structure to be constructed in the Project highway. He shall also
review the rehabilitation measures to be proposed by the Concessionaire for existing
structures based on site condition and structural requirement basis. His expertise shall include
computer aided design methods for Civil/Structural Engineering with particular reference to
Structural design. He should be a Graduate in Civil Engineering having minimum 15 year of
experience in Bridge works and 10 year experience in Bridge Design work.
Note: Upto 2 sub-professional (except Highway Design specialist and Bridge Design
Specialist) can be a fresh graduate (zero/ less than minimum required work experience)
with first class in graduation stream. Eligibility requirement in terms of minimum years of
experience shall not be applicable for this sub professional.
Annexure I- Daily Inspection Report in construction period
Results of
Descriptio lab tests Name of
n of conducted key
Component Item
inspection (Test personnel
Description
work conducted, inspecting
carried out Pass/Fail) the work
1. Road works
Embankment/
including
Sub Grade/
culverts, and
GSB/ WMM/
minor bridges
DBM/ BC
93
2. Major
Foundation/
Bridge works,
Sub
Flyovers,
structure/
ROB,
Super
RUB,VUP,
structure
PUP
3. Approach to
Foundation/
ROB/RUB/ Major
Bridges/ Viaduct Sub
/ structure/
RE wall Super
structure
4. Other Works
94
Annexure II- Daily Inspection Report in O&M period
Nature of defect/ deficiency Defect If defect Compliance AE Remarks

found found, of previous
(Yes/N Chainage defect
o) & (Yes/No/NA)
side
ROADS
Carriageway and paved shoulders
Breach or blockade
Pot holes
Removal of debris
Hard/earth shoulders, side slopes, drains and culverts
Desilting of drains in
urban/semi-
urban areas
Road side furniture including road signs and pavement marking
poor
visibility or loss of
retro-reflectivity
Street lighting and telecom (ATMS)
Any major failure of the
system
Faults and minor failures
Trees and Plantation
Obstruction in a minimum
head-
room of 5 m above
carriageway or obstruction in
visibility of road signs
Rest areas
Cleaning of toilets
Defects in electrical, water and
sanitary installations
Toll plaza[s]
Failure of toll collection
equipment
including ETC or lighting
Other Project Facilities and Approach roads
Damage or deterioration in
Approach Roads,
-[pedestrian facilities, truck
lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical
Aid Posts
and other works]
95
Annexure III- Weekly Inspection Report in O&M period
Defect If defect Compliance AE

found found, of previous Remarks
Nature of defect or deficiency
o) & side (Yes/No/NA)
ROADS
(a) Carriageway and paved shoulders
(i) Breach or blockade
Roughness value exceeding

2,500 mm in a stretch of 1 km
(ii)
(as measured by a
standardised
roughometer/bump integrator)
(iii) Pot holes
Cracking in more than 5% of

(iv)
road surface in a stretch of 1
km
Rutting exceeding 10 mm in
more than 2% of road
(v)
surface in a stretch of 1 km
(measured with 3 m straight
edge)
(vi) Bleeding/skidding
Ravelling/Stripping of
(vii)
bitumen surface
exceeding 10 sq m
Damage to pavement edges
(viii)
exceeding 10 cm
(ix) Removal of debris
Hard/earth shoulders, side slopes,

(b)
drains and culverts
Variation by more than 2%

(i) in the prescribed slope of
camber/cross fall
Edge drop at shoulders
(ii)
exceeding 40 mm
Variation by more than 15%
(iii) in the prescribed side
(embankment) slopes
96
(iv) Rain cuts/gullies in slope

Damage to or silting of
(v) culverts and side drains
during and immediately
preceding the rainy season
Desilting of drains in
(vi)
urban/semi- urban areas
Road side furniture including road
(c)
signs and pavement marking

(i)
poor visibility or loss of
retro- reflectivity
(d) Street lighting and telecom (ATMS)
(i) Any major failure of the

system
(ii) Faults and minor failures
(e) Trees and plantation
Obstruction in a minimum
(i) head- room of 5 m above
carriageway or obstruction
in visibility of road signs
Deterioration in health of trees
(ii)
and bushes
(iii) Replacement of trees and
bushes
Removal ofvegetation
(iv)
affecting sight line and road
structures
(f ) Rest areas
(i) Cleaning of toilets
Defects in electrical, water

(ii)
and sanitary installations
Toll
(g) plaza[
s]
97
Failure of toll collection
(i)
equipment including ETC or
lighting
(ii) Damage to toll plaza
(h) Other Project Facilities and Approach

roads

Approach Roads,
-[pedestrian facilities, truck
(i)
lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical
Aid Posts and other works]
BRIDGES
(a) Superstructure of bridges
(i) Cracks
(ii) Spalling/scaling
(b) Foundations of bridges
(i) Scouring and/or cavitation
Piers, abutments, return walls and

(c)
wing walls of bridges
Cracks and damages

(i)
including settlement and tilting
(d) Bearings (metallic) of bridges
(i) Deformation
Joints
(e) in
bridge
s
Loosening and malfunctioning
(i)
of joints
(f) Other items relating to bridges
Deforming of pads in
(i)
elastomeric bearings
98
Gathering of dirt in
(ii) bearings and joints; or
clogging of spouts, weep
holes and vent-holes
(iii)
parapets and handrails
Rain-cuts or erosion of banks
(iv)
of the side slopes of
approaches
(v) Damage to wearing coat

(vi) approach slabs, pitching,
apron, toes, floor or guide
bunds
Growth of vegetation affecting
(vii) the structure or obstructing
the waterway
99
Annexure IV- Month of survey for equipment based road condition
assessment
Equipment based road inspection shall be done by the Authority’s Engineer twice a year as
per the month of the year defined in the following table.
However, since the first survey shall be conducted at the time of completion testing, the
following modification to the schedule shall be adopted. For example, if majority of
highway length (>50%) passes through a state, where defined survey months are May and
November, if completion testing is conducted in April, then the first equipment based
survey shall be conducted in the month of April. This shall be considered as the equipment
based survey to be conducted in the month of May. The 2nd equipment based survey shall
be conducted in the month of November, the 3rd survey shall be conducted in the month of
May and so on. As regards FWD, the first test/survey shall be conducted at the time of
completion in April. The 2nd test/survey shall be conducted in April of next year and so on.
Region State Survey before Survey after rains

rains
East Bihar May Nov
East Chhattisgarh May Nov
East Jharkhand May Nov
East Orissa May Nov
East West Bengal May Nov
Central Madhya Pradesh May Nov
NE Arunachal Mar Oct

Pradesh
NE Assam Mar Oct
NE Manipur Mar Oct
NE Meghalaya Mar Oct
NE Mizoram Mar Oct
NE Nagaland Mar Oct
NE Sikkim Mar Oct
NE Tripura Mar Oct
North Chandigarh May Nov
North Delhi May Nov
North Haryana May Nov
North Himachal May Nov
100
North Jammu And May Nov
Kashmir
North Punjab May Nov
North Uttar Pradesh May Nov

Region State Survey before Survey after rains
rains
North Uttaranchal May Nov
Andaman And
South Nicobar Apr Nov
Islands
South Andhra Pradesh Apr Nov
South Karnataka Apr Nov
South Kerala Apr Nov
South Pondicherry Jun Jan
South Tamil Nadu Jun Jan
West Dadar Nagar Haveli Apr Oct
West Daman And Diu Apr Oct
West Goa May Nov
West Gujarat Apr Oct
West Maharashtra May Nov
West Rajasthan Apr Oct
101
SECTION 7: DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on
particular of the Project.
102
CONTRACT FOR CONSULTANT’S SERVICES
Between
(Name of Client)
And
(Name of Consultant)
Dated:
103
CONTENTS
Page No.
I. FORM OF CONTRACT ……………………………………..

II GENERALCONDITIONSOFCONTRACT ……………….
1. General Provisions ……………………………………….
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification, and Termination of Contract
2.1 Effectiveness of Contract………………………………….

2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition…………………………………………..
2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension…………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client ………………………………
2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….
3. Obligations of the Consultants ……………………
3.1 General
3.1.1 Standard of Performance…………..
3.1.2 Law Governing Services …………..
104
3.2 Conflict of Interests ……………………….
3.2.1 Consultants not to Benefit from
Commissions, Discounts, etc. ……..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to Engage in
certain Activities …………..
3.2.4 Prohibition of Conflicting Activities …
3.3 Confidentiality ………………………………..
3.4 Liability of the Consultants…………………..
3.5 Insurance to be Taken out by the Consultants …
3.6 Accounting, Inspection and Auditing………….
3.7 Consultant’s Actions requiring Client’s prior Approval
3.8 Reporting Obligations …………………………..
3.9 Documents prepared by the Consultants ……….
To Be the Property of the Client ………………..
3.10 Equipment and Materials Furnished by the Client
4. Consultants’ Personnel and Sub-consultants ……………………..
4.1 General …………………………………………………
4.2 Description of Personnel …………………………
4.3 Approval of Personnel……………………………
4.4 Working Hours, Overtime, Leaveetc.
4.5 Removal and /or Replacement of Personnel ……………
4.6 Resident Project Manager ………………………….
5. Obligations of the Client………………………………….
5.1 Assistance and Exemptions …………….
5.2 Access to Land ………………………….
5.3 Change in the Applicable Law………….
5.4 Services, Facilities and Property ofthe
Client 5.5 Payment …………………………………
5.6 Counterpart Personnel………………….
6. Payments to the Consultants ……………………………..
6.1 Cost Estimates, Ceiling Amount……………….
6.2 Remuneration and Reimbursable Expenditures…
6.3 Currency of Payment …………………………..
6.4 Mode of Billing and Payment ………………….
7. Fairness and Good Faith
7.1. Good Faith
7.2. Operation of the Contract
8.1. Amicable Settlement
8.2. Dispute Settlement
.
III SPECIAL CONDITIONS OF CONTRACT ……………………
105
IV APPENDICES Page No.
Appendix A : Description of the Services ……………..
Appendix B : Reporting Requirements …………………
Appendix C : Key Personnel and Sub-consultants
Appendix D: MedicalCertificate ……………………….
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………
Appendix G: Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J : Letter of invitation
Appendix K : Letter of Award
Appendix L : Minutes of pre-bid meeting ……………
Appendix-M : Memorandum of Understanding (in caseof JV)
V ANNEXURES..…………………………………………
106
1. FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) ismade the day of the Month of
, 201 , between, on theone hand (hereinafter Called the
“Client) and, on the other hand hereinafter called the “Consultants”)
[Note*: If the Consultants consist of more than one entity, the above should be partially
amended to read asfollows:
“…(hereinafter called the “Client”)and, on the other hand, a joint venture consisting of
the following entities, eachofwhich willbe jointly severally liable to the Client for all the
Consultants’ obligations under this
Contract, namely,
and
(hereinafter called“ Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services
as defined in the General Conditions of Contract attached to this Contract
(hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
processional skills ,and personnel and technical resources ,have agreed to
provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral

part of this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’
(b) The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted
below next to the title of the Appendix on the sheet attached hereto carrying the title of
that Appendix ].
Appendix A : Description of the Services

Appendix B : Reporting Requirements
Appendix C : Key Personnel and Sub-consultants
Appendix D: MedicalCertificate
Appendix E : Hours of Work for Key Personnel
Appendix F: Duties of the Client
107
Appendix G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments

Appendix J : Letter of invitation
Appendix K : Letter of Award

Appendix-L : Minutes of pre-Bid Meeting
Appendix-M : Memorandum of Understanding (in case of JV)
2. The mutual rights and obligations of the Client and the Consultants shall be as
set forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and
(b) The Client shall make payments to the Consultants in accordance with
the Provisions of the Contract.
IN WITNESS WHERE OF, the Parties here to have caused this Contract to be signed in
the irrespective names as of the day and year first above written.
FOR AND ON BEHALF OF

[NAME OF THE CLIENT]
By
(Authorized Representative)
FOR AND ON BEHALF OF

[NAME OF THE
CONSULTANTS]
By
[Note: If the Consultants consist of more than one entity, all of these entities should
appear as signatures, e.g. in the following manner ]
FOR AND ON BEHALF OF EACH OF

THE MEMBERS OF THE
CONSULTANTS
[Name of the Member]

By
[Name of the Member]
By
108
GENERALCONDITIONS OF CONTRACT
1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
1.1 Definitions
(a) “ApplicableLaw”meansthelawsandanyotherinstrumentshavingtheforceof
law in the Government’s country [or in such other country as may be
specified in the Special Conditions of Contract (SC)], as they may be issued
and in force from time to time.
(b) “Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed
in Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and
effect pursuant to Clause GC 2.1;
(d) ‘foreign currency’ means any currency other than the currency of the
Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the
“Authority Engineer (AE)” and includes sub-consultants or Associates
engaged by the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than
one entity, means any of these entities, and “Members” means all of these
entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties
means both of them;
(k) “Personnel” means persons hired by the Consultants or
by any Sub-Consultants and or Associates as Employees and assigned to the
performance of the Services
Or any part thereof; “Foreign Personnel” means such persons who at the
time of being so hired had their domicile outside the Government’s
Country, “Local Personnel” means such persons who at the time of being so
hired had their domicile inside the Government’s Country; and ‘key
personnel’ means the personnel referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to
109
his contract, as described in Appendix A hereto. The scope of work will be
strictly as given in various Clauses in TOR. The approach and methodology
to be adopted by the Consultant for carrying out the assignment as Authority
Engineer may be modified depending on the site requirements and work
programme of the EPC Contractor after mutual discussions with Employer,
the EPC Contractor and the Authority Engineer. The work plan as indicated
by the Consultant may be modified accordingly to the site requirements.
(n) "Sub-Consultant and or Associates "means any entity to which the
Consultants subcontract any part of the Services in accordance with the
provisions of Clause GC 3.7; and
(o) "Third Party" means any person or entity other than the Government, the
Client, the Consultants or a Sub-consultant.
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master

and servant or of principal and agent as between the Client and the Consultants.
The Consultants, subject to this Contract, have complete charge of Personnel and
Sub- consultants, if any, performing the Services and shall be fully responsible for
the Services performed by them or on their behalf hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be
the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant
to this Contract shall be in writing. Any such notice, request or consent shall be
deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent
by registered mail, telegram or facsimile to such Party at the address specified in
the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice hereunder by giving the other Party
notice of such change pursuant to the provisions listed in the SC with respect to
110
Clause GC 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A

hereto and, where the location of a particular task is not so specified, at such
locations whether in Government's Country or elsewhere, as the Client may
approve.
1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, the
Members hereby authorize the entity specified in the SC to act on their behalf in
exercising all the Consultants' rights and obligations towards the Client under this
Contract, including without limitation the receiving of instructions and payments
from the Client.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or

permitted to be executed, under this Contract by the Client or the Consultants may
be taken or executed by the officials specified in the SC.
1.10 Taxes and Duties
Unless otherwise specified in the SC, the Consultants, Sub-consultants and

Personnel shall pay such taxes, duties, fees and other impositions as may be levied
under the Applicable Law. Goods &Service tax as applicable shall be paid to the
Authority’s Engineer while making payment for services rendered. The consultants
shall then deposit the same with the tax authorities and provide a proof of having
done so within next 90 days in line with policy circulars issued by Employer.
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the" Effective Date") of
the Client's notice to the Consultants instructing the Consultants to begin carrying
out the Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of
the Contract signed by the Parties as shall be specified in the SC, either Party may,
by not less than four (4) weeks' written notice to the other Party, declare this
Contract to be null and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with respect hereto.
111
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time period
after the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC2.9 hereof, this Contract shall
expire when services have been completed and all payments have been made at the
end of such time period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract,

including any modification of the scope of the Services, may only be made by
written agreement between the Parties as the case maybe, has been obtained.
Pursuant to Clause GC 7.2 hereof, however, each Party shall give due consideration
to any proposals for modification made by the other Party.
2.7 Force Majeure
2.7.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which
is beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and
includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes,
lockouts or other industrial action ( except where such strikes, lockouts or
other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government
agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligenceorintentionalactionofapartyorsuchParty'sSub-consultantsor
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both(A) take in to account at the time
of the conclusion of this Contract and(B) avoid or overcome in the
carrying out of its obligations hereunder .
(c) Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder.
112
2.7.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract insofar as such
inability arises from an event of Force Majeure, provided that the Party affected
bysuch an event has taken all reasonable precautions, due care "and reasonable
alternative measures, all with the objective of carrying out the terms and conditions
of this Contract.
2.7.3 Measures to be taken
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party's inability to fulfill its obligations hereunder
with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other
Party of such event as soon as possible, and in any event not later
than fourteen
(14) days following the occurrence of such event, providing evidence
of the nature and cause of such event, and shall similarly give notice
of the restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.7.4 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such
Party was unable to perform such action as a result of Force Majeure.
Extension of Time for providing services of the Authority’s Engineer shall be

extended concurrently with the Extension of Time granted, if any, to the EPC
Contractor for the project, subject to satisfactory performance of the Authority’s
Engineer.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to be reimbursed for additional
costs reasonably and necessarily incurred by them during such period for the
purposes of the Services and in reactivating the Services after the end of such
period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of
Force Majeure, have become unable to perform a material portion of the Services,
113
the Parties shall consult with each other with a view to agreeing on appropriate
measures to be taken in the circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of
their obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultants to remedy such failure within a period not
exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30)days' written notice of termination to
the Consultants (except in the event listed in paragraph (f) below, for which there
shall be a written notice of not less than sixty (60) days), such notice to be given
after the occurrence of any of the events specified in paragraphs(a)through(h)of
this Clause GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their

obligations hereunder, as specified in a notice of suspension pursuant to
Clause GC 2.8 herein above, within thirty (30) days of receipt of such notice
of suspension or within such further period as the Client may have
subsequently approved in writing;
(b) If the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members becomes) in solvent or bankrupt or enter
into any agreements with their creditors for relief of debt or take advantage
of any law for the benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary;
(c) If the Consultants fail to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause GC 8 hereof;
(d) If the Consultants submit to the Client a statement which has a material
effect on the rights, obligations or interests of the Client and which the
Consultants know to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract. For the
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purpose of this clause:
"corrupt practice" means the offering, giving, receiving or soliciting of any

thing of value to influence the action of a public official in the selection
process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to

influence a selection process or the execution of a contract to the detriment
of the Borrower, and includes collusive practice among consultants (prior to
or after submission of proposals) designed to establish prices at artificial
non- competitive levels and to deprive the Borrower of the benefits of
freeand open competition.
(h) if EPC Contract or represents to Employer that the Consultant is not

discharging his duties in a fair, efficient and diligent manner and if the
dispute remains unresolved, Employer may terminate this contract.
2.9.2 By the Consultants
The Consultants may, by not less than thirty (30) days' written notice to the Client,
such notice to be given after the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause GC2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 8 hereof within
forty- five (45) days after receiving written notice from the Consultants that
such payment is overdue;
(b) if the Client is in material breach of it so obligations pursuant to this

Contract and has not remedied the same within forty-five (45) days (or such
longer period as the Consultants may have subsequently approved in
writing) following the receipt by the Client of the Consultants' notice
specifying suchbreach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(d) if the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GC 8 hereof.
2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or

upon expiration of this Contract pursuant to Clause GC2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of termination
or expiration;
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(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii) the Consultants' obligation to permit inspection, copying and auditing of

their accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) any right which a Party may have under the Applicable Law
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GC2.9.1 or GC2.9.2 hereof, the Consultants shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to a
close in a prompt and orderly manner and shall make every reasonable effort
toKeep expenditures for this purpose to a minimum. With respect to documents
prepared by the Consultants and equipment and materials furnished by the Client,
the Consultants shall proceed as provided, respectively, by Clauses GC 3.9 or GC
3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof,

the Client shall make the following payments to the Consultants (after offsetting
against these payments any amount that may be due from the Consultant to the
Client}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily

performed prior to the effective date of termination;
(b) reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures

actually incurred prior to the effective date of termination; and
(c) except in the case of termination pursuant to paragraphs (a) through(d) of

Clause GC2.9.1 hereof, reimbursement of any reasonable cost incident to
the prompt and orderly termination of the Contract including the cost of
there turn travel of the Consultants' personnel and their eligible
dependents.
2.9.6. Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of
Clause GC 2.9.1orin Clause GC2.9.2 here of has occurred, such Party may, within
forty- five (45) days after receipt of notice of termination from the other Party, refer
the matter to arbitration pursuant to Clause GC8 hereof, and this Contract shall not
be terminated on account of such event except in accordance with the terms of any
resulting arbitral award.
3. Obligation of the Consultants
3.1 General
3.1.1. Standard of Performance

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The Consultants shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods "The Consultants shall
always" act, in respect of any matter relating to this Contract or to the Services, as
faithful advisers to the Client, and shall at all times support and safeguard the
Client's legitimate interests in any dealings with Sub-consultants or Third Parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable
Lawand shall take all practicable steps to ensure that any Sub- consultants and or
Associates, as well as the Personnel of the Consultants and any Sub-consultants and
or Associates, comply with the Applicable Law. The Client shall advise the
Consultants in writing of relevant local customs and the Consultants shall, after such
notifications, respectsuch customs.
3.2 Conflict of Interests
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the Consultants pursuant to Clause GC6 hereof shall

constitute the Consultants' sole remuneration in connection with this Contract or
the Services and, subject to ClauseGC3.2.2 hereof, the Consultants shall not accept
for their own benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or to the Services or in the
discharge of their obligations hereunder, and the Consultants shall use their best
efforts to ensure that any Sub-consultants and or Associates, as well as the
Personnel and agents of either of them, similarly shall not receive any such
additional remuneration.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the
Client on the procurement of goods, works or services, the Consultants shall
comply with any applicable procurement guidelines of the Client (Employer)and
or Associates Bank or of the Association, as the case maybe, and other funding
agencies and shall at all times exercise such responsibility in the best interest of
the Client. Any discounts or commissions obtained by the Consultants in the
exercise of such procurement responsibility shall be for the account of the Client.
3.2.3 Consultants and Affiliates Not to engage in Certain Activities
The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and any entity affiliated with the Consultants, as well
as any Sub- Consultant and or Associates and any entity affiliated with such Sub
Consultant and or Associates, shall be disqualified from providing goods works or
services (other than the Services and any continuation thereof) for any project
resulting from or closely related to the Services. .
3.2.4 Prohibition of Conflicting Activities

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The Consultants shall not engage, and shall cause their Personnel as well as their
Sub- consultants and or Associates and their Personnel not to engage, either
directly or indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in
the Government's country which would conflict with the activities assigned
to them under this Contract; and
(b) after the termination of this Contract, such other activities as may be
specified in the SC.
3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall
not,either during the term or within two (2) years after the expiration of this Contract,
disclose any proprietary or confidential information relating to the Project, the
Services, this Contract or the Client's business or operations without the prior written
consent of the Client.
3.4 Liability of the Consultants
Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability
under this Contract shall be as provided by the Applicable Law.
3.5 Insurance to be Taken Out by the Consultants
The Consultants (i) shall takeout and maintain, and shall cause any Sub-
consultants to take out and maintain, at their (or the Sub-consultants', as the case
may be) own cost but on terms and conditions approved by the Client, insurance
against the risks, and for the coverages, as shall be specified in the SC, and (ii) at
the Client's request, shall provide evidence to the Client showing that such
insurance has been taken out and maintained and that the current premiums
therefore have been paid.
3.6 Accounting, Inspection and Auditing
The Consultants(i)shall keep accurate and systematic accounts and records in

respect of the Services, hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all
relevant time charges and cost, and the bases thereof (including such bases as may
be specifically referred to in the SC) ; (ii) shall permit the Client or its designated
representative periodically, and upto one year from the expiration or termination
of this Contract, to inspect the same and make copies thereof as well as to have
them audited by auditors appointed by the Client; and (iii) shall permit the client to
inspect the Consultant's accounts and records relating to the performance of the
Consultant and to have them audited by auditors appointed by the client.
3.7 Consultants' Actions Requiring Client's Prior Approval
The Consultants shall obtain the Client's prior approval in writing before taking
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anyof the following actions:
(a) appointing such members of the Personnel as are listed in Appendix ‘C’
("Consultants' Sub-consultants' Key Personnel") merely by title but not by
name;
(b) entering into a subcontract for the performance of any part of the Services,
it being understood (i) that the selection of the Sub-Consultant and the
terms and conditions of the subcontract shall have been approved in writing
by the Client prior to the execution of the subcontract, and (ii) that the
Consultants shall remain fully liable for the performance of the Services by
the Sub-Consultant and its Personnel pursuant to this Contract; and
(c) any other action that may be specified in the SC

3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in
Appendix B here to, in the form, in the numbers and within the time periods set
forth in the said Appendix.
3.9 Documents Prepared by the Consultants to Bethe Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultants for the Client under this Contract shall become and
remain the property of the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultants may retain a copy of
such documents and software. Restrictions about the future use of these
documents and software, if any, shall be specified in the SC.
3.10 Equipment and Materials Furnished by the Client
Equipment and materials made available to the Consultants by the Client, or

purchased by the Consultants with funds provided by the Client, shall be the
property Of the Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultants shall make available to the Client an
inventory of such equipment and materials and shall dispose of- such equipment
and materials in accordance with the Client's instructions. While in possession of
such equipment and materials, the Consultants, unless otherwise instructed by the
Client in writing, shall insure them at the expense of the Client in an amount equal
to their full replacement value.
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
The Consultants shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services.
4.2 Description of Personnel

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(a) The titles, agreed job descriptions, minimum qualification and estimated
periods of engagement in the carrying out of the Services of each of the
Consultants' Key Personnel are described in Appendix C. If any of the Key
Personnel has already been approved by the clients his/her name is listed as
well.
(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof,
adjustments with respect to the estimated periods "of engagement of Key
Personnel set forth in Appendix C may be made by the Consultants by
written notice to the Client, provided (i) that such adjustments shall not
alter the originally estimated period of engagement of any individual by
more than 10% or one week, whichever is larger, and (ii) that the aggregate
of such adjustments shall not cause payments under this Contract to exceed
the ceilings set forth in Clause GC 6.1(b) of this Contract. Any other such
adjustments shall only be made with the Client's written approval.
(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated periods of engagement of Key Personnel set
forth in Appendix C may be increased by agreement in writing between the
Client and the Consultants, provided that any such increase shall not,
except as otherwise agreed, cause payments under this Contract to exceed
the ceilings set for thin Clause GC 6.1 (b) of this Contract.
4.3 Approval of Personnel
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well
as By name in Appendix C are hereby approved by the Client. In respect of other
Key Personnel which the Consultants propose, to use inthe carrying out of the
Services, the Consultants shall submit to the client for review and approval a copy
of their biographical data and (in the case of Key personnel to be used within the
country of the Government) a copy of a satisfactory medical certificate in the form
attached here to as Appendix D. If the Client does not object in writing(stating the
reasons for the objection) with in thirty (30) calendar days from the date of receipt
of such biographical data and (if applicable) such certificate, such Key Personnel
shallbe deemed to have been approved by the Client.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix E
hereto. To account for travel time, foreign Personnel carrying out Services
inside the Government's country shall be deemed to have commenced (or
finished) work in respect of the Services such number of days before their
arrival in (or after their departure from) the Government's country as is
specified in Appendix E here to.
(b) The Personnel of all types engaged by Consultant to provide Services on

this Contract shall not been titled to be paid for overtime nor to take paid
sick leave or vacation leave except as specified in Appendix E hereto,
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and except as specified. In such Appendix, the Consultants' remuneration
shall be deemed to cover these items. All leave to be allowed to the
Personnel is included in the
staff-months of service set for in Appendix C Any taking of leave by
Personnel shall be subject to the prior approval by the Client and the
Consultants shall ensure that absence for leave purposes will not delay the
progress andadequate supervision of the Services.
(c) All Key personnel and sub professional staff of the Authority Engineer
shall use the Aadhaar based biometric attendance/ Geo- tagged selfie-
based attendance for marking daily attendance Aadhaar based biometric
attendance/ Geo- tagged selfie-based attendance shall be marked at least
once a day and anytime during the day 1 Aadhaar based biometric
attendance/Geo-tagged selfie-based attendance system shall be installed
by the Authority Engineer at its own cost at the site office in order to
facilitate the attendance marking. More systems can be installed near the
Project Highway upto a maximum of 1 system per 50 Km. in order to
encourage frequent visits of Project highway by key personnel and sub
professional staff. A copy of monthly Aadhaar based biometric attendance/
Geo-tagged selfie-based attendance shall be attached with Monthly status
Report. Proper justification shall be provided for cases of absence of key
personnel/ sub professional staff which do not have prior approval from
Project Director of concerned stretch. Authority Engineer have to provide
a certificate that all key personnel as envisaged in the Contract Agreement
has been actually deployed in the project.
(d) Authority Engineer will intimate concerned Project Director/Project

Incharge immediately after establishing its site office regarding
installation of Aadhaar based Biometric attendance/ Geo- tagged selfie-
based attendance system and complete address of its site office.
4.5 Removal and/or Replacement of Personnel
Removal and/or replacement of Key Personnel shall be regulated as under:
4.5.1 In case notice to commence services pursuant to Clause 2.1 of this Contract is
not ordered by Client within 120 days of signing of contract the key personnel
can excuse them selves on valid grounds, e.g., selection on some other assignment,
health problem developed after signing of contract, etc. In such a case no penalty
shall be levied on the Firm or on the person concerned. The firm shall however be
asked to give a replacement by an equal or better scoring person, whenever
mobilization is ordered.
4.5.2 In case notice to commence services is given within 120 days of signing of contract
the, the Authority expects all the Key Personnel specified in the Proposal to be
available during implementation of the Agreement. The Authority will not
consider any substitution of Key Personnel except under compelling
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circumstances beyond the control of the Consultant and the concerned Key
Personnel. Such substitution shall be limited to not more than three Key
Personnel subject to equally or better qualified and experienced personnel being
provided to the satisfaction of the Authority. Replacement of the Team Leader will
not normally be considered and may lead to disqualification of the Applicant or
termination of the Agreement. Replacement of one Key Personnel shall be
permitted subject to reduction of remuneration equal to 5 % (five per cent) of the
total remuneration specified for the Key Personnel who is proposed to be
replaced. In case of second replacement the reduction in remuneration shall be
equal to 10% (ten per cent) and for third and subsequent replacement, such
reduction shall be equal to 15% (fifteen per cent) If the consultant finds that any of
the personnel had made false representation regarding his qualification and
experience, he may request the Employer for replacement of the personnel. There
shall be no reduction in remuneration for such replacement. The replacement
shall however be of equal or better score. The personnel so replaced shall be
debarred from future projects for 2 years.
4.5.4 Replacement after original contract period is over:
There shall be no limit on the replacements and no reduction in remunerations

shall be made. The replacement shall however be of equal or better score.
4.5.5 If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action or (ii)
has reasonable ground to be dissatisfied with the performance of any of the
Personnel, then the consultant shall, at the Employer’s written request specifying
the grounds therefore, forthwith provide are placement with qualifications and
experience acceptable to him. For such replacement there will be no reduction in
remuneration.
4.5.6 If any member of the approved team of a consultant engaged by <Agency> leaves
that consultant before completion of the job, he shall be barred for a period of 6
months to 24 months from being engaged as a team member of any other
consultant working (or to be appointed) for any other <Agency>/ MoRTH projects.
2.6 Resident Team Leader and Coordinator
The person designated as the Team Leader of the Consultant’s Personnel shall be
responsible for the coordinated, timely and efficient functioning of the Personnel.
In addition, the Consultant shall designate a suitable person from its Head Office
as Project Coordinator who shall be responsible for day to day performance of the
Services.
Obligations of the Client
4.6 Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure
that the Government shall:
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(c) providetheConsultants,Sub-consultantsandPersonnelwithworkpermitsand
such other documents as shall be necessary to enable the Consultants, Sub-
consultants or Personnel to perform the Services;
(d) assist for the Personnel and, if appropriate, their eligible dependents to be
provided promptly with all necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their stay
in Government's country;
(e) Facilitate prompt clearance through customs of any property required for
the Services and of the personal effects of the Personnel and their -eligible
dependents;
(f) Issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and
effective implementation of the Services;
(g) assist the Consultants and the Personnel and any Sub-consultants and or
Associates employed by the Consultants for the Services from any
requirement to register or obtain any permit to practice their profession or
to establish themselves either individually or as a corporate entity according
to the Applicable Law;
(h) grant to the Consultants, any Sub-consultants and or Associates and the
Personnel of either of them the privilege, pursuant to the Applicable Law, of
bringing into Government's country reasonable amounts of foreign
currency for the purposes of the Services or for the personal use of the
Personnel and their dependents and of withdrawing any such amounts as
may be earned therein by the Personnel in the execution of the Services:
and
(i) Provide to the Consultants, Sub-consultants and or Associates and
Personnel any such other assistance as may be specified in the SC.
4.7 Access to Land
The Client warrants that the Consultants shall have, free of charge, unimpeded
access to all land in the Government's country in respect of which access is required
for the performance of the Services. The Client will be responsible for any damage
to such land or any property thereon resulting from such access and will
indemnify the Consultants and each of the Personnel in respect of liability for any
such damage, unless such damage is caused by the default ornegligence of the
Consultants orany Sub-Consultant or the Personnel of either of them.
Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost or reimbursable
expenses incurred by the Consultants in performing the Services, then the
remuneration and reimbursable expenses otherwise payable to the Consultants
under this Contract shall be increased or decreased accordingly by agreement
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between the Parties hereto, and corresponding adjustments shall be made to the
ceiling amounts specified in Clause GC 6.1(b).
4.8 Services, Facilities and Property of the Client
The Client shall make available to the Consultants and the Personnel, for the
purposes of the services and free of any charge, the services, facilities and property
described in Appendix F at the times and in the manner specified in said Appendix
F, provided that if such services, facilities and property shall not be made available
to the Consultants as and when so specified, the Parties shall agree on (i) any time
extension that it may be appropriate to grant to the Consultants for the
performance of the Services, (ii) the manner in which the Consultants shall procure
any such services, facilities and property from other sources, and (iii) the additional
payments, if any, to be made to the Consultants as a result thereof pursuant to
Clause GC 6.l(c) hereinafter.
4.9 Payment
In consideration of the Services performed by the Consultants under this Contract,

the Client shall make to the Consultants such payments and in such manner as is
provided by Clause GC 6 of this Contract.
4.10 Counterpart Personnel
(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge,
such counterpart personnel to be selected by the Client, with the
Consultants' advice, as shall be specified in such Appendix F. Counterpart
personnel shall work under the exclusive direction of the Consultants. If any
member of the counterpart personnel fails to perform adequately any work
assigned to him by the Consultants which is consistent with the position
occupied by such- member, the Consultants may request the replacement of
such member, and the Client shall not unreasonably refuse to act upon such
request.
(b) If counterpart personnel are not provided by the Client to the Consultants
as and when specified in Appendix F, the Client and the Consultants shall
agree on how the affected part of the Services shall be carried out, and (ii)
the additional payments, if any, to be made by the Client to the Consultants
as aresult thereof pursuant to Clause GC 6.1(c) hereof.
5. Payments to the Consultants
5.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable is set forth in Appendix G.
(b) Except asmaybe otherwise agreed under ClauseGC2.6 and subject to Clause
GC 6.1(c), payments under this Contract shall not exceed the ceilings
specified in the SC. The Consultants shall notify the Client as soon as
cumulative charges incurred for the Services have reached 80% of these
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ceilings.
(c) NotwithstandingClauseGC6.l(b)hereof,ifpursuanttoclausesGC5.3,5.4or5.6
hereof, the Parties shall agree that additional payments shall be made to the
Consultants in order to cover any necessary additional expenditures not
envisaged in the cost estimates referred to in Clause GC6.1(a) above, the
ceiling or ceilings, as the case maybe, set forth in ClauseGC6.1(b) above
shall be increased by the amount or amounts, as the case may be, of any
such additional payments.
5.2 Remuneration and Reimbursable Expenditures
(a) Subject to the ceilings specified in Clause GC6.1(b)hereof, the Client shall
pay to the Consultants (i) remuneration asset for thin Clause
GC6.2(b),and(ii) reimbursable expenditures asset forth in Clause
GC6.2(c).If specified in the SC, said remuneration shall be subject to price
adjustment as specified in the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time
actually spent by such Personnel in the performance of the Services after
the date determined in accordance with Clause GC2.3 and Clause SC2.3 (or
such other date as the Parties shall agree in writing) (including time for
necessary travel via the most direct route) at the rates referred to, and
subject to such additional provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the
Consultants in the performance of the Services, as specified inSC.
(d) Notwithstanding anything to the contrary stated in the GCC and SCC, it
shall be mandatory to deploy the key personnel and sub-professional as per
the Man- Months Input specified in the Terms of Reference.
Inadequate deployment of key personnel and sub-professional shall lead to
deduction in the monthly payment as per following table. The key personnel
and sub- professional shall be considered to be inadequately deployed if
he/she is not present for at least 90% of the time stipulated in the month, as
per the Man Months Input in the Terms of Reference and the Deployment
Schedule proposed by the firm.
Sr. Personnel % reduction in
No. monthly
payment
Normal Highway Project
1 Team Leader cum Senior Highway Engineer 20%
2 Resident Engineer cum Highway Engineer 25%
3 Bridge/Structural Engineer 20%
4 Other Key Personnel 20%
5 Sub- Professional Staff 15%
Standalone Bridge
Project
1 Team Leader cum Senior Bridge Engineer 20%
2 Resident cum Pavement Specialist 25%
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3 Bridge/Structural Engineer 20%
Standalone Tunnel
Project
1 Team Leader cum Senior Tunnel Expert 20%
2 Resident Engineer cum Excavation Specialist
3 Tunnel Design Engineer 20%
For avoidance of doubt, in case the Team Leader cum Senior Highway
Engineer has not been made available for 90% of the stipulated time in the
month, then only 80% of the monthly payment shall be released. In the case
of “Other Key Personnel (Sr. No. 4)” and “Sub – Professional Staff (Sr. No.
5)”, the average availability across the group shall be considered for
calculation.
Note : Consultants have to provide a certificate that all key personnel as

envisaged in the Contract Agreement has been actually deployed in the
project. They have to submit the proof of Aadhaar based Biometric
attendance/ Geo-tagged selfie- based attendance at the time of submission
of bills to the Agency.
5.3 Currency of Payment
AllpaymentsshallbemadeinIndianRupeesandshallbesubjectedtoapplicableIndian
laws withholding taxes if any.
5.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the Consultants an interest bearing
advance payment as specified in the SC, and as otherwise set forth below.
The advance payment will be due after provision by the Consultants to the
Client of a bank guarantee by a bank acceptable to the Client in an amount
(or amounts) and in a currency (or currencies) specified in the SC, such
bank guarantee (I) to remain effective until the advance payment has been
fully set off as provided in the SC, and(ii)to be in the form set for thin
Appendix I hereto or in such other form as the Client shall have approved in
writing.
(b) As soon as practicable and not later than fifteen (15days)after the end of each
calendar month during the period of the Services, the Consultants shall submit
to the Client, in duplicate, itemized statements, accompanied by copies of
receiptedinvoices,vouchersandotherappropriatesupportingmaterials,of the
amounts payable pursuant to Clauses GC6.3 and 6.4 for such month. Each
monthly statement shall distinguish that portion of the total eligible costs
which pertains to remuneration from that portion which pertains to
126
reimbursable expenditures.
(c) 75% of bill raised by the Consultant shall be paid within 72 Hrs and
remaining bill may be paid after due scrutiny. The Client shall cause the
payment of the Consultants periodically as given in schedule of payment
above within thirty
(30) days after the receipt by the Client of bills with supporting documents.
Only such portion of a monthly statement that is not satisfactorily
supported may be withheld from payment. Should any discrepancy be
found to exist between actual payment and costs authorized to be incurred
by the Consultants, the Client may add or subtract the difference from any
subsequent payments. Interest at the rate specified in the SC shall become
payable as from the above due date on any amount due by, but not paid on
such due date.
(d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been submitted
by the Consultants and approved as satisfactory by the Client. The Services
shall be deemed completed and finally accepted by the Client and the final
report and final statement shall be deemed approved by the Client as
satisfactory ninety (90) calendar days after receipt of the final report and
final statement by the Client unless the Client, within such ninety(90)-
day period, gives written notice to the Consultants specifying in detail
deficiencies in the Services, the final report or final statement. The
Consultants shall there upon promptly make any necessary corrections, and
upon completion of such corrections, the foregoing process shall be
repeated. Any amount which the Client has paid or caused to be paid in
accordance with this Clause in excess of the amounts actually payable in
accordance with the provisions of this Contract shall be reimbursed by the
Consultants to the Client within thirty, (30) days after receipt by the
Consultants of notice thereof. Any such claim by the Client for
reimbursement must be made within twelve (12) calendar months after
receipt by the Client of a final report and a final statement approved by the
Client in accordance with the above.
(e) All payments under this Contract shall be made to the account of the
Consultants specified in the SC.
(f) Authority Engineer will make payment of salary to all key personnel in
their respective bank accounts through electronic mode only. No cash
transaction wrt salary will be made. Proof of salary transfer through
electronic mode shall be submitted by the Authority Engineer with each
Bill.
6. Fairness and Good Faith
6.1 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.
127
6.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties here by
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.
7. Settlement of Disputes
7.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of
or in connection with this Contractor the interpretation thereof.
7.2 Dispute Resolution
7.2.1 Any dispute, difference or controversy of whatever nature howsoever arising under
or out of or in relation to this Agreement (including its interpretation) between the
Parties, and so notified in writing by either Party to the other Party (the
“Dispute”) shall, in the first instance, be attempted to be resolved amicably in
accordance with the conciliation procedure set forth in Clause 8.3.
7.2.2 The Parties agree to use their best efforts for resolving all Disputes arising under or
in respect of this Agreement promptly, equitably and in good faith, and further
agree to provide each other with reasonable access during normal business hours
to all non – privileged records, information and data pertaining to any dispute.
7.3 Conciliation
In the event of any Dispute between the Parties, either Party may call
upon [Chairman of <Agency>] and the Chairman of the Board of
Directors of the Consultant or a substitute thereof for amicable
settlement, and upon such reference, the said persons shall meet no
later than 10(ten) days from the date of reference to discuss and
attempt to amicably resolve the Dispute. If such meeting does not take
place within the 10(ten) day period or the Dispute is not amicably
settled within 15(fifteen) days of the meeting or the Dispute is not
resolved as evidenced by the signing of written terms of settlement
within 30 (thirty) days of the notice in writing referred to in Clause
8.2.1 or such longer period as may be mutually agreed by the Parties,
either Party may refer the Dispute to arbitration in accordance with the
Provisions of Clause 8.4.
8. Arbitration
8.4.1. Any Dispute which is not resolved amicably by conciliation, as provided

in Clause 8.3, shall be finally decided by reference to arbitration by an
128
Arbitral Tribunal appointed in accordance with Clause 8.4.2. Such
arbitration shall be held in accordance with the Rules of Arbitration of
the International Centre for Alternative Dispute Resolution, New Delhi
(the “Rules”), or such other rules as may be mutually agreed by the
Parties, and shall be subject to the provisions of the Arbitration and
Conciliation Act, 1996 as amended. The venue of such arbitration shall
be ***** and the language of arbitration proceedingsshall be English.
8.4.2 Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator
to be appointed as per the procedure below
(a) Parties 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 the President,
Indian Roads Congress, New Delhi for a list of not fewer than five nominees
and, on receipt of such list, the Parties shall alternately strike names
therefrom, and the last remaining nominee on the list shall be sole
arbitrator for the matter in dispute. If the last remaining nominee has not
been determined in this manner within sixty (60) days of the date of the
list, the president, Indian Roads Congress, New Delhi, shall appoint, upon
the request of either Party and from such list or otherwise, a sole arbitrator
for the matter in dispute.
8.4.3 Substitute Arbitrator
If for any reason an arbitrator is unable to perform his function, a substitute shall be
appointed in the same manner as the original arbitrator.
8.4.4 Qualifications of Arbitrator
The sole arbitrator selected pursuant to Clause 8.2.1 hereof shall be expert with
extensive experience in relation to the matter in dispute.
8.4.5 The Arbitrators shall make a reasoned award (the “Award”). Any Award made in
any arbitration held pursuant to this Clause 8 shall be final and biding on the
Parties as from the date it is made, and the Consultant and the Authority agree and
undertake to carry out such Award without delay.
8.4.6 The Consultant and the Authority agree that an Award may be enforced against the
Consultant and/or the Authority, as the case may be, and their respective assets
wherever situated.
8.4.7. This Agreement and the rights and obligations of the Parties shall remain in full
force and effect, pending the Award in any arbitration proceedings hereunder
8.4.8 Miscellaneous
In any arbitration proceeding hereunder:
129
(a) Proceedings shall, unless otherwise agreed by the parties be held in Delhi.
(b) The English language shall be the official language for all purposes;
(c) The decision of sole arbitrator shall be final and binding and shall
be enforceable in any court of competent jurisdiction, and the Parties
here by waive any objections to or claims of immunity in respect of
suchenforcement; and
(d) The schedule of Expenses and Fee payable to the Arbitrator shall be as under
Sr. Particulars of Fees and Maximum amount payable per case
No. Expenses
1 Fee (i) Rs. 25,000/- per day;
(ii) 25% extra on fee at (i) above in case of
fast-track procedure as per Section -29 (B)
of A&C Act;
Or
10% extra onfee at (i) above if award is
published
within 6 months from date of entering the
reference by AT;
Alternatively, the Arbitrator may opt for alump
–sum fee
of Rs. 5.00 Lakh per case including counter
–claims.
2 Reading charges- one Rs 25,000/- per case including counter claims.
Time
3 One –time charges for Rs. 25,000/- per case
Secretarial Assistance
and Incidental Charges
(telephone, fax, postage
etc.)
4 One time charges for Rs. 40,000/-
publishing/declaration of
the Award
5 Other expenses (As per actual against bills subject to celling given below
(i) Travelling expenses Economy class (by air), First class AC (by train)
and AC
Car (by road)
(ii) Lodging and Boarding Rs. 15,000/-per day (in metro
cities); or Rs. 8000 per day (in
other cities); or
Rs. 5,000/- per day, if any Arbitrator makes their
own
arrangements.
6. Local travel Rs. 2,000 /- per day
130
7 Extra charges for days Rs. 5000 /- per ½ day for outstation Arbitrator
other
than meeting days
(maximum for 2 X ½
days)
Note 1. Lodging boarding and travelling expenses shall be allowed only for
the arbitrator
who is are residing 100 kms. away from the venue of meeting,
2. Delhi, Mumbai, Chennai, Kolkata, Bengaluru and Hyderabad shall be
considered as metro cities
In exceptional cases, such as cases involving major legal implications/wider

ramifications/higher financial stakes etc. a special fee structure could be fixed in
consultation with the Contractor/Supervision Consultants and with the specific
approval of the <Agency> before appointment of the Arbitrator
9. Fake CV
If any case of fake/incorrect/inflated CV is found, it shall be dealt with very

severely and would result in all possible penal action including blacklisting from
future projects of <Agency>. This would also apply even when the consulting firm
is not successful in getting the assignment. In case CV of a person is turned out to
be fake/incorrect/inflated during the assignment, the consultancy firms will
have torefund the salary and perks drawn including interest @12% per annum
in respect of the person apart from other consequences. In addition to above,
10% of the salary and perks to be refunded shall be recovered from the Firm as
penalty.
131
II. SPECIAL CONDITIONS OF CONTRACT
132
GC Clause
A. Amendments of, and Supplements to, Clauses in the
General Conditions of Contract
1.1(a) The words’’ in the Government’s country” are amended to read ‘in INDIA”
1.4 The language is: English
1.6.1 The addresses are:
Client: Address of
Employer Attention:
Telex :
Facsimile :
Consultant: Address of
Consultant Attention:
Cable address :
Telex :
Facsimile : [Note’ : Fill in the Blanks]
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;

(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.
1.8 The Member in Charge is: Member(P) Sh.
(Note: If the Consultants consist of a joint venture of more than one entity, the
name of the entity whose address is specified in SC1.6.1shouldbeinsertedhere. If the
Consultants consist of one entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorised Representative are:
For the Client:
For the Consultants:

1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees,
133
levies and other impositions levied under the existing, amended or enacted laws
during life of this contract and the client shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.
2.1 The effectiveness conditions are the following:
i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the parties
may agree in writing.
2.3 The time period shall be one month or such other time period as the Parties
may agree in writing.
2.4 The time period shall be 15 months Operation and Maintenance period
Limitation of the Consultants' Liability towards the Client
(a) Except in case of gross negligence or wilful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to
damage caused by the Consultants to the Client's property, shall not be
liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) Consultant will maintain at its expenses; Professional Liability Insurance

including coverage for errors and omissions caused by Consultant’s
negligence in the performance of its duties under this agreement,(A)For the
amount not exceeding total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the
Consultants hereunder OR
(B) The proceeds, the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a liability,
whichever of (A) or (B) is higher.
(iii) The policy should be issued only from an Insurance Company operating in
India.
(iv) The policy must clearly indicate the limit of indemnity in terms of“ Any One
Accident”(AOA)and “Aggregate limit on the policy period”(AOP)and in no
caseshould be for an amount less than stated in the contract.
(v) If the Consultant enters into an agreement with Employer in a joint venture
or ‘in association’, the policy must be procured and provided to Employer
by the joint venture/in association entity and not by the individual partners
of the joint venture/association.
(vi) The contract may include a provision thereby the Consultant does not
cancel the policy midterm without the consent of the Employer. The
insurance company may provide an undertaking in this regard.
134
(b) This limitation of liability shall not affect the Consultants' liability, if any,
for damage to Third Parties caused by the Consultants or any person or
firm acting on behalf of the Consultants in carrying out the Services.
(c) Professional Liability Insurance may be accepted for initially one year
which shall be extended annually for five years. PLI shall be uniformly
taken for a period of five years.
3.5 The risks and the coverage shall be as follows
(a) Third Party motor vehicle liability insurance as required under Motor
Vehicles Act,1988 in respect of motor vehicles operated in India by the
Consultants or their Personnel or any Sub-consultants or their Personnel
for the period of consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million
for the period of consultancy.
(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy,
with a minimum coverage equal to estimated remuneration and
reimbursable.
(d) Employer's liability and workers' compensation insurance in respect of the
Personnel of the Consultants and of any Sub-consultant, in accordance with
the relevant provisions of the Applicable Law, as well as, with respect to
such Personnel, any such life, health, accident, travel or other insurance as
may be appropriate; and
(e) Insurance against loss of or damage to(i) equipment purchased in whole or
in part with funds provided under this Contract, (ii) the Consultants'
property used in the performance of the Services, and(iii) any documents
prepared by the Consultants in the performance of the Services.
3.7(c) The other actions are
"(i) taking any action under a civil works contract designating the Consultants as
"Authority’s Engineer", for which action, pursuant to such civil works
contract, the written approval of the Client as "Employer" is required".
3.9 The Consultants shall not use these documents for purposes unrelated to
this Contract without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Senior Highway Engineer in
Appendix C shall serve in that capacity, as specified in Clause GC 4.6."
6.1(b) The amount payable Indian Rupee is :
6.2(a) "Payments for remuneration and reimbursable items made in accordance with
Clause GC 6:2(a) :
(i) Consultants shall be paid billing rates for services rendered by the
personnel of all categories namely (i) key Personnel; (ii)
135
sub-Professional personnel and (iii) Support staff on man-month basis
. Billing rates of remaining items of the financial proposal, namely (i)
transportation ,
(ii) Duty travel to site (iii) Office Rent, (iv) office supplies
communication etc.
(v) reports & document printing and (vi) survey equipment etc. shall be
worked out month wise as per actual expenditure Beginning 13th
months from the last date of submission of bid, billing rates shall be
increased to cover all items of contract i.e. remuneration, vehicle hire,
office rent, consumables, furniture etc. @ 5% every 12 months.
However, for evaluation and award of the Bid proposals, the quoted
initial rate (as applicable for first 12 months from last date of
submission of bid) shall be multiplied by the total time input for each
position on this contract, i.e. without considering the increase in the
billing rates. All payments shall be made in Indian Rupees and shall be
subjected to applicable Indian laws withholding taxes if any.
(ii) Remuneration paid pursuant to the rates set forth in Appendix G shall
be adjusted every twelve (12) months (and, the first time, with effect for
the billing rates earned in the 13thcalendar month after the last date of
submission of bid) by 5% every 12month for personnel.
Notwithstanding any other provisions in the agreement in this regard, this

provision will prevail and override any other provision to the contrary in this
agreement.
6.2(b) (i) (1) Payment of Authority Engineer shall be released on approval of the monthly
reports. Report shall be approved by the Authority only if it includes all the
sections prescribed in the format and submitted as per specified timelines.
(2) Payment shall be released as per rates quoted in Appendix C3- Breakup
of Local currency costs
(3) For equipment based road inspection to be conducted in O&M phase,

paymentshall be released as per actual use of equipment on road and rates
quoted in Appendix C3- Breakup of Local currency costs.
(4) If any of the report is found to be misleading or containing incorrect

information as determined by the Authority, 10% of payment linked to
that report shall be deducted as penalty
(5) Itis understood (i)that the remuneration rates shall cover(A) such salaries
and allowances as the Consultants shall have agreed to pay to the
Personnel as well as factors for social charges and overhead, and (B)the
cost of back stopping by home office staff not included in the Personnel
listed in Appendix C, and(C)the Consultants' fee;(ii)that bonuses or other
means of profit-sharing shall not be allowed as an element of overhead,
and(iii)that any rates specified for persons not yet appointed shall be
provisional and shall be subject to revision, with the written approval of
136
the Client, once the applicable salaries and allowances are known.
(6) Remuneration for periods of less than one month shall be calculated on an
hourly basis for actual time spent in the Consultants' home office and
Directly attributable to the Services(one hour being equivalent to 1/240th of a
month) and on a calendar-day basis for time spent away from home office(one
day being equivalent to 1/30th of amount).
6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix G 6.4(a)
Thefollowingprovisionsshallapplytotheinterestbearingadvancepayment and
the advance payment guarantee:
1) An advance payment of 10% of the contract price in proportion to the

quoted Indian currency (INR) in the bid shall be made within 60 days after
receipt and verification of advance payment bank guarantee. The advance
payment along with interest will be set off by the Client in equal instalments
against the statements for the first 12 months of the Service until the
advance payment has been fully set off. The advance payment shall be in
Indian Rupee.
2) The bank guarantee shall be in the amount and in the currency of the
the advance payment.
3) Interest rateshallbe10% per annum (on outstanding amount).
6.4(c) The interest rate is10% per
annum. 6.4(e) The accounts are:
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following provisions:
137
IV. APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of

various tasks, place of performance for different tasks; specific tasks to be approved by
Client, etc.]
Details as per TOR
138
Appendix B: Reporting Requirements
[List format, frequency, contents of reports and number of copies; persons to receive
them; dates of submission etc. If no reports are to be submitted, state here "Not
applicable".}
Please refer TOR
139
Appendix C: Key Personnel and Sub-consultants
[List under: C-l Titles [and names, if already available}, detailed job descriptions
and minimum qualifications. Experience of Personnel to be
assigned to work in India, and staff- months for each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work

outside India.
C-4 List of approved Sub-consultants [if already available]; same

information with respect to their Personnel as in C-l through
C-4)
Please refer TOR
140
Appendix D: Medical Certificate
[Show here an acceptable form of medical certificate for foreign Personnel to be

stationed in India. If there is no need for a medical certificate, state here: "Not
applicable. "]
The form of Medical Certificate as required under the rules of Govt. of India
141
Appendix E: Hours of Work for Key Personnel
The Consultants Key personnel and all other Professional / Sub Professional / Support
Staff/Sub-Consultancy personnel shall work 6 days (Mondays through Saturday) every
week and observe the Gazetted Holidays of Government of India as Holidays. The
Consultant shall work as per the work program of the EPC Contractor. In this context in
case the work plan of the Consultant needs suitable modifications, the same shall be
carried out and submitted to the client for consideration. The Consultants hours of work
normally shall match with that of Contractor’s activities on the site. No extra remuneration
shall be claimed or paid for extra hours of work required in the interest of Project
completion.
In respect of foreign personnel, one day per trip as travel time from and to the country of
the Government shall be allowed.
142
Appendix F: Duties of the Client
[List here under:
F-1 Services, facilities and property to be made available to the Consultants by

the Client.
F-2 Counterpart personnel to be made available to the Consultants by the Client.]
Please refer TOR
143
Appendix G: Cost Estimates
List hereunder cost estimate in INR:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures as follows:
a. Cost of local transportation.
b. Cost of other local services, rentals, utilities, etc.
144
Appendix H: FORM OF PERFORMANCE SECURITY
(PERFORMANCE BANK GUARANTEE)

(Clause-13 of TOR)
To
Address of Employer:
1
WHEREAS [Name and address of Consultants ] (hereinafter
called “the
consultants”) has undertaken, in pursuance of Contract No.
dated
to provides the services on terms and conditions set forth in this Contract
[Name of contract and brief description of works) (hereinafter
called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified there
in as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on
2
behalf of the Consultants up to a total of [amount of Guarantee ] [in words], such
sum being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of [amount of Guarantee] as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the sum
specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultants
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the services to be performed there under or of any of the Contract
documents which may be made between you and the Consultants shall in any way release
us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the
constitution of the consultants or of the Bank.
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs. (Rs. ) and the
guarantee shall remain valid till . Unless a claim or a demand
in writing is made up on us on or before all our liability under
this guarantee shall cease.
145
This guarantee shall be valid for a period of 17 months i.e. upto 2 months beyond the expiry
of contract of 15 months.
Signature and Seal of the Guarantor In presence of
Name and Designation
1.
(Name, Signature&
Occupation) Name o fthe Bank
Address 2.
(Name
&Occupation) Date
1
Give names of all partners if the Consultants is a Joint Venture.
Note:- Proper Address and E-mail id of concern bank issuing the BG shall be mentioned on the BG
146
Appendix I: Form of Bank Guarantee for Advance Payments
(Reference Clause 6.4(a) of Contract)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing
bank) Ref: Bank Guarantee:
Date:
Dear Sir,
In consideration of M/s. (herein after referred as the "Client", which

expression shall, unless repugnant to the context or meaning there of include it
successors, administrators and assigns) having awarded to M/s. (herein after referred
to as the "Consultant" which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a contract by issue
of client's Contract Agreement No. dated and the same having been unequivocally
accepted by the Consultant, resulting in a Contract valued at .
For Contract (hereinafter called the "Contract") (scope of work) and the Client having
agreed to make an advance payment to the Consultant for performance of the above
Contract amounting to (in words and figures) as an advance against Bank Guarantee to
be furnished by the Consultant.
We (Name of the Bank) having its Head Office at

(herein after referred to as the Bank), which expressions hall,
unless repugnant to the context or meaning thereof, include it successors, administrators
executors and assigns) do hereby guarantee and undertake to pay the client immediately
on demand any or, all monies payable by the Consultant to the extent of as
aforesaid at any time up to @ without any demur, reservation,
contest, recourse or protest and/or without any reference to the consultant. Any such
demand made by the client on the Bank shall be conclusive and binding notwithstanding
anydifference between the Client and the Consultant or any dispute pending before any
Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee
herein contained shall be irrevocable and shall continue to been force able till the Client
discharges this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the
Bank under this Guarantee, from time to time to vary the advance or to extend the time
for performance of the contract by the Consultant. The Client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Client and to exercise the
same at any time in any manner, and either to enforce or to forebear to enforce any
covenants, contained or implied, in the Contract between the Client and the Consultant
other course or remedy or security available to the Client. The bank shall not be relieved of
its obligations under these presents by any exercise by the Client of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Client or any
147
other Indulgence shown by the Client or by any other matter or thing whatsoever
which Under law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Consultant and notwithstanding any security or other guarantee that the
Client may have in relation to the Consultant's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is limited to
and it shall remain in force upto and including
And shall be extended from time to time for such period(not
exceeding one year), as may be desired by M/s. on whose behalf this
guarantee has been given.
Dated this day of 200 at
WITNESS
(signature)
(Signature)
(Name)
(Name)
(Official Address) Designation (with Bank stamp)

Attorney as per Power of
Attorney No.
Dated
Strike out, whichever is not applicable.
Note1: The stamp papers of appropriate value shall be purchased in the name of
bank Who issues the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed
foreign commercial Bank acceptable to client for Foreign Consultant with counter
guarantee from Nationalized Bank. Bank guarantee furnished by Foreign Consultant
shall be confirmed bym any Nationalized Bank in India.
148
Appendix J
Letter of invitation
149
Appendix K
Letter of Award
150
Appendix L
Minutes of pre-bid meeting
151
Appendix-M
Memorandum of
Understanding between
And
Whereas the <Agency>/ Ministry of Road Transport& Highways (MoRT&H)/. State

PWD (the ‘Employer’) has invited proposal for appointment of Authority’s Engineer for
(Name of project) hereinafter called the Project.
And Whereas (Lead Partner) and JV partner/s have

agreed to form a Joint Venture to provide the said services to the Employer as Authority’s
Engineer; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) will be the lead partner and will be the other JV partner/s.
(ii) (lead partner) shall be the incharge of overall administration of

contract and shall be authorised representative of all JV partners for conducting all
business for and on behalf of the JV during the bidding process and subsequently,
represent the joint venture for and on behalf of the JV for all contractual matters
for dealing with the Employer/EPC Contractor if Consultancy work is awarded to
JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all
the obligation and liabilities relating to the consultancy work and in accordance
with the Terms of Reference of the Request for Proposal for the Consultancy
Services.
(iv) Subsequently, if the JV is selected to provide the desired consultancy services, a

detailed MOU indicating the specific project inputs and role of each partner/s
along with percentage sharing of cost of services shall be submitted to theEmployer
(Consultant may submit the detailed MOU along with percentage sharing of cost at
the time of bidding also).
For (Name of Lead partner)
For (Name of JV partner/s) Managing Director/Head of the Firm

Address
For (Name of Associate
Partner/s)
Managing Director/Head of the Firm
Address
152
BANK GUARANTEE FORMAT FOR BID SECURITY
(To be stamped in accordance with Stamp Act if any, of the country of issuing bank)
Ref.: Package No. , dated

Bank Guarantee:
Date:
WHEREAS, (Name of Bidder) (hereinafter called “the bidder”) has

submitted his bid dated (date) for the Tender No. , dated
(hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We, [Name of Bank) of
[Name of Country] having our registered office at
(hereinafter called “the Bank”) are bound unto
[Name of Employer]
(hereinaftercalled “the Employer”) in the sum of Rs. (Rupees Lakhs Only) for
which payment willand truly to be made to the said Employer the Bank binds himself, his successors
and assigns by thesepresents.
SEALED with the Common Seal of the said Bank this day of 2016.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid document;
or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in
accordance with the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer during the
period of bid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Bidders, if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the letter of
invitation, we undertake to pay the Employer up to the above amount upon receipt of his
first written demand, without the Employer having to substantiate his demand, provided that
in his demand the Employer will note that the amount claimed by him is due to him owing
to the occurrence of one or any of the conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date 150 (one hundred and fifty) days
after the deadline for submission of bids as such deadline is stated in the Instructions to Bidders or as
it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this Guarantee should reach the Bank not later than the above date.
Notwithstanding anything contained herein before, our liability under this guarantee is restricted to
Rs. (Rs. ) and the guarantee shall remain valid till
.
Unless a claim or a demand in writing is made upon us on or before all our liability
under this guarantee shall cease.
153
DATE
SIGNATURE OF THE BANK
SEAL OF THE BANK SIGNATURE
OF THE WITNESS
Name and Address of the Witness
The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in India.
154
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
155

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(Ministry of Road Transport & Highways)

Chief Engineer (National Highway)

1 SECTION 1: Information to Consultants

Appendix B-1-Technical proposal submission form.

SECTION 1: INFORMATION TO CONSULTANTS

1. The Chief Engineer (NH), Public Works Department, Government of Maharashtra,

TABLE1: DETAILS OF PROJECT

4. The proposal shall be submitted in English Language and all correspondence

The Bid Security will be forfeited:

7. Chief Engineer (NH), Public Works Department, Government of Maharashtra

1 Ministry Road Transport & Highways

9. Unqualified bidders would be informed regarding their non qualification, without

(a) The Applicant, by submitting its Application pursuant to this RFP,

* The construction period to be indicated in the RFP by the concerned Technical

A). Eligibility criteria for sole applicant firm.

S. No. Experience of the firm in last 3 years AnnualTurnover

Additional requirement in case of

Chief Engineer (NH)

1.3 The assignment shall be implemented in Operation and maintanace Period 15

1.6 Consultant have an obligation to disclose any situation of actual or potential

1.7 It is the Chief Engineer (NH), Public Works Department, Government of

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

Part 1: Technical Proposal and

Part 1: Technical Proposal

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

Part 2: Financial Proposal

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:

(I) Technical Proposal {Only Electronic Form (to be uploaded on

II) Financial proposal as per format prescribed in section – 5 of RFP

(III) Receipt of Bharat Kosh towards cost of RFP of Rs.10,000/- (Rupees

4.2 Modification / Substitution/ Withdrawal of bids:

(ii) Any Alteration/ modification in the Bid or additional information supplied

4.3 OPENING AND EVALUATION OF APPLICATIONS:

Additional Performance Security (APS) in the form of a Bank Guarantee for

8. Signing of Contract Agreement

(As Mentioned in Letter of Invitation to

Consultants) Sub clause No. in Letter of Invitation to

1 Pre-Proposal Conference shall be held at: Employer’s Office on

3 Clarification may be requested 7 days prior to Pre Proposal Conference. The

5th Floor, Room no. 526, Konkan Bhawan, Sector – 6, CBD

6 Chief Engineer (NH), Public Works Department, Government of Maharashtra shall

7. The Consultants to state cost in INR .

9 The points assigned to Technical Evaluation criteria are:

Experience in Construction Supervision/DPR /Design Review of Major 10

Experience of Authority’s Engineer for having offered consultancy services to a

In case of JV the turnover and experience details of Lead and JV Employer’s

Major Bridges Project:

S. Staff Position Marks.

5. Road Safety Expert 10

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

v) Detailed evaluation criteria which is to be used for evaluation of technical bids is as

ix) The weightage given to technical proposal is 70%.

Remarks: Based on experience and the Consulting Industry’s Capacity, Project

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

2 Nos. of Highway Professionals with the firm 10

3 Experience as Independent Engineer/ 15

• Team Leader cum Resident Engineer

b) Experience as Team Leader or similar 15

(1) Similar Capacity includes the following positions