NHAI RFP: IE Services for NH-24 O&M
NHAI RFP: IE Services for NH-24 O&M
April, 2022
National Highways Authority of India RFP for IE during O&M Period
CONTENTS
Page
Particulars Nos.
SECTION 1. INFORMATION TO CONSULTANTS .......................................... (i-vii)
SECTION 2. LETTER OF INVITATION TO CONSULTANTS ............................... 1-20
SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS................... 21-24
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL ................. 25-58
SECTION 5. FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL. ................. 59-65
SECTION 6. TERMS OF REFERENCE FOR INDEPENDENT ENGINEER ................ 66-181
SECTION 7. DRAFT FORM OF CONTRACT............................................ 182-242
National Highways Authority of India RFP for IE during O&M Period
GENERAL:-
1. The National Highways Authority of India (NHAI) invites proposals for engaging an Independent
Engineer (IE) on the basis of International Competitive Bidding for the following contract
package in the State of Uttar Pradesh under NHDP Phase IVA.
5. The proposal shall be submitted in English Language and all correspondence would be in
the same language.
6. The Operation & Maintenance of DBFOT projects broadly include Operation and
Maintenance activities of the Concessionaire for completed construction works and
Projects Facilities are opened to traffic as per the Concession Agreements.
7. As per the Terms and Conditions of the Concession Agreement(s), the Independent
Engineer is broadly required to:
i. Review of the Drawings and Documents;
ii. Determine the Project Facilities Completion Schedule;
iii. Review, inspection and monitoring of Construction Works;
iv. Conducting Tests on completion of construction and issuing Completion Certificate;
v. Review, inspection and monitoring of O&M;
vi. Review, inspection and monitoring of Divestment Requirements;
vii. Determining, as required under the Agreement, the costs of any works or services
and/ or their reasonableness;
viii. Determining, as required under the Agreement, the period or any extension thereof,
for performing any duty or obligation;
ix. Assisting the Parties in resolution of disputes; and
x. Undertaking all other duties and functions in accordance with the Concession
Agreement.
8. The interested consultancy firms may download the RFP from NHAI Website 21.04.2022 to
06.06.2022 up to 12:00 hrs. The Consultant who download the RFP document from the
website will be required to pay the non-refundable fee of Rs.5,000/- at the time of the
submission of the Bid proposal. Details for online payment are as follows-
S. No. Particulars Details
1 Name of Beneficiary NHAI REGIONAL OFFICE WEST UP
2 Name of Bank CANARA BANK
3 Account No. 84811010002035
4 IFSC Code CNRB0018481
5 Branch Name Gomti Nagar, Lucknow
(Proof of submission of fee payment shall be uploaded in scanned form). The RFP will
be invited through e-tendering portal. Refer Procedure under e-tendering for
submission of RFP through e- tendering. The RFP will be invited through e-tendering
portal. Refer Procedure under e-tendering for submission of RFP through e-tendering.
9. In this document, unless the context otherwise requires, reference to a firm or consultant
or bidder or applicant shall be construed as reference to any individual firm,
organization, company or their JV, reputed engineering institutions such as IITs/NITs/
Deemed Universities.
10. The proposal should be submitted by consultancy firms in two parts. The two parts of
the proposal are Part 1: Technical Proposal and Part 2: Financial Proposal. For a given
DBFOT 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 be listed in the descending order of their technical score and 5
(ii)
National Highways Authority of India RFP for IE during O&M Period
top ranking firms shall only be considered for further evaluation provided none of them is
in conflict of interest with the Concessionaire. The firms in conflict of interest shall be
substituted by next ranking firm not having conflict of interest with the Concessionaire.
Under stage 2, the financial proposal of such five firms as selected above shall be opened
and evaluated. The weightage of Technical and Financial score shall be 80% & 20%
respectively. The final selection of the firm shall be based on the highest combined
score of Technical and Financial Proposal.
11. The total time period for the assignment as Independent Engineer will be for 60 months.
On expiry or termination of aforesaid period, the Authority may in its discretion renew
the appointment.
12. 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 with different partners for the
same work is not allowed and all such proposal involving the firms shall be treated as
non-responsive.
(A) The Applicant whether as sole application or lead member with joint venture may
include any number of Associate to provide technology in assignment. The associate
firm can provide equipment based road inspection service for any of the 5
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 (v) Automatic Traffic counter cum
Classifier (ATCC). 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
declared non-responsive. Hence, the bidder may ensure on his own that 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 a 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).
(C) Requirements with respect to Technical Capacity Provisions for maximum works to
be permitted with one Consultant:
(i) The maximum number of works to be permitted with one consultant is restricted
as per the following ceilings.
Sr.
Col (2) Col (3) Col (4) Col (5) Col (6)
No.
Average Annual Turnover of Upto More than More than
More than
1 firm in last 3 financial years Rs.10 Rs.10 to Rs.30 to Rs.60
Rs.60 Crores
(from Consultancy Works) Crores Rs.30 Crores Crores
No. of key professionals on full
2 time rolls (minimum for last 10 25 40 60
one year)
Max. no. of projects / DPR
assignments to be allotted to
3 one particular Consultant 6 12 25 40
including ongoing projects at a
time in NHAI
National Highways Authority of India RFP for IE during O&M Period
Note :
(1) Condition in both Sr.No.1 and Sr.No.2 are to be fulfilled to claim maximum no. of
projects given in Sr.No.3, 4 & 5.
(2) In case of JV bidding for the current assignment, the technical capacity of JV will be
determined with respect to the weighted average turnover, key professionals & ongoing
assignments on the basis of share of consultancy fee in the ongoing assignments and
proposed share in the current bid. Reference the illustration at given in Appendix B-11.
(3) In case any partner of the joint venture has its individual remaining bid capacity less
than 0.5 thus making him ineligible for the current bid but, on formation of joint
venture, the remaining bid capacity becomes more than 0.5, then during the technical
evaluation of the bids, the bids of such JVs will be declared as non-responsive and they
will not be allowed to participate in the current assignment.
(ii) The consulting firms should be encouraged to carry out a mix of DPR and Supervision
Assignments like IE/AE/ Supervision Consultants (SC). Out of maximum number of projects
given at Sl.No.3 above, the ceiling for IE/AE/SC assignments is 75% out of which is only 25%
in any one financial year. For example, the Consulting firm at Col. No.3 can get maximum
4 number of IE/AE/SC assignments only from NHAI, out of which only 1 in any one financial
year, whereas they can get 6 DPR assignments, out of which only 2 in any one financial
year. The financial proposal of the consulting firm crossing the upper ceiling of
assignments as at Sr.No.3, 4 & 5 above shall not be opened.
(iii) The following assignments would not be counted for the purpose of maximum number of
projects given at Sr.No.3 to 5 of above Table
(a) IE / AE / SC assignments where original assignment period + one year is lapsed or
provisional completion of civil work is issued, whichever is earlier;
(b) DPR assignments where either (i) the bids for civil works have been received; or (ii)
original assignment period + one year has lapsed;
(c) Special Projects like tunnel, standalone bridges, emergency land facility etc.; and
(d) Assignments having less than 6 months contract period.
(iv) For the purpose of calculation of maximum no. of projects, the work awarded on the date
of opening of Financial Bid and in progress will be taken into consideration as utilized
capacity. Projects of NHAI (awarded / in progress) only shall be considered for maximum
no. of projects in Sr.No.3 to 5 purpose. The Consultant shall provide these details and they
shall be solely responsible for accuracy of such details provided.
(v) The Consulting Firms shall submit Form-26 as in order to certify their permanent key
personnel (as given in Sr.No.2 of above table) along with the proposed candidates.
(vi) The bidders shall submit the requisite details in the prescribed formats of Technical
proposal along with the RFP Documents for evaluation of Bids accordingly. The format for
determination of Technical Capacity (Appendix B-11) is enclosed in RFP.
National Highways Authority of India RFP for IE during O&M Period
13. Consulting firms meeting the following criteria and not in conflict of interest with the
Concessionaire are only eligible for applying for this assignment. Firms not meeting these
criteria need not apply.
Annual Turnover should be duly certified by statutory body like Chartered Accountant or
Independent Auditors who are competent to do so as recognized by the State concerned.
B. Eligibility Criteria for partners in case of JV (not more than 1 JV partner shall be
allowed).
Lead Partner should meet at least 75% and JV partner should meet at least 40%
eligibility criteria of Annual Turnover. Lead partner and the JV partner both shall
have experience of at least one project of eligible category as in para 12 (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. Experience weightage for firms joining Lead
partner JV partner shall be considered in the same proportion as payment has been
received ** by the firm towards consultancy work in the project.
(v)
National Highways Authority of India RFP for IE during O&M Period
13.1 a. Applicant shall use the Link “Data Lake Portal” available on NHAI Website nhai.gov.in to
communicate with NHAI and Concessionaire for all Contractual correspondence.
b. No Physical document shall be accepted unless and until the same is specifically
stated so in the RFP or it is a legal requirement.
14. Following enhancement factor will be used for the cost of services provided and for the
turnover from consultancy business to a common base value for works completed in India.
Year of completion of services / turnover Enhancement factor
Financial year in which RFP invited 1.00
One year prior to RFP 1.10
Two year prior to RFP 1.21
Three year prior to RFP 1.33
Four year prior to RFP 1.46
Five year prior to RFP 1.61
Applicant should indicate actual figures of costs and amount for the works executed by
them without accounting for the above mentioned factors.
In case the financial figures and values of services provided are in foreign currency, the
above enhancement factors will not be applied. Instead, 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.
15. The Bidder including individual or any of its Joint Venture Member should, in the last 2
years, have neither failed to perform for the works of 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 have been debarred by NHAI and the debarment is in force as on
date of application, need not apply as their RFP proposal will not be entertained.
16. NHAI will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, NHAI 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.
17. Technical Proposal and Financial Proposals shall have to be submitted only in
Electronic Form (to be uploaded on the e-portal). In the event, any of the instructions
mentioned herein have not been adhered to, NHAI may reject the Proposal.
Bidders shall be required to submit original of the documents mentioned in Clause 4.1 of
RFP after declaration of bid evaluation result by Authority. Bidders failing to physically
submit the original documents listed in Clause 4.1 of RFP shall be unconditionally
debarred from bidding in NHAI projects for a period of 5 years from the date of issue of
debarment notice. In case L-1 Bidder fails to submit the original documents listed in
Clause 4.1 of RFP, the bidding process shall be annulled and tenders shall be re-invited.
(vi)
National Highways Authority of India RFP for IE during O&M Period
18. NHAI will be at liberty to keep the credentials submitted by the Consultants at bidding
stage, in public domain and the same may be uploaded on NHAI web-site. By submitting
the proposal, the Consultants shall be deemed to have no objection to upload/hoist the
information pertaining to their credentials as well as of their key personnel on NHAI web-
site.
19. 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 NHAI in public domain.
20. RFP submission must be received not later than 12:00 hrs on 06.06.2022 in the manner
specified in the RFP document.
21. For any clarification, the following offices may be contacted:
Regional Officer, Project Director,
Regional Office-West (UP), Lucknow, National Highways Authority of India,
National Highways Authority of India, E-26, Sector 14, Near Bright Star
3/248, Vishal Khand, Gomti Nagar, Hospital, Delhi Road, New Moradabad,
Lucknow – 226010, Moradabad (UP) - 244002
Ph.0522-4960291, Tele: 0591-2453070
E-mail: [email protected] Email ID: [email protected]
Email: rowestup@@gmail.com Email: [email protected]
(vii)
National Highways Authority of India RFP for IE during O&M Period
1. INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other
consultant willing to act as IE 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 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.
1.4 Please note that (i) the costs of preparing the proposal including visits to site, are not
reimbursable as a direct cost of assignment and (ii) NHAI 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.
1.5 We wish to remind you that in order to avoid conflict of interest situations, any firm
associated with the Concessionaire of the Project Highway as its Design and/or
Supervision Consultant during construction period and defect liability period of the
project or previous Operation and Maintenance period and/or the Contractor(s) as
Design Consultant and/or Construction Supervision Consultant is not eligible to
participate in the bidding. The restriction herein shall not apply after a period of
5(five) years from the completion of their consultancy assignment.
1.6 Those Consultants who were engaged by Ministry/ NHAI for the above project as Design
Consultants for preparation of Detail Project Reports shall not be permitted to submit
proposal for providing the consultancy services as Independent Consultant for the same
project for first Operation and Maintenance period of the project either individually or in
JV with other firms. The restriction herein shall not apply after a period of 5(five) years
from the completion of their DPR consultancy assignment for the project.
1.7 The Consultant will not propose any personnel who had been engaged by the
Concessionaire on the same project within last one year.
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National Highways Authority of India RFP for IE during O&M Period
1.8 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.
1.9 It is the NHAI’s policy that the consultants observe the highest standard of ethics during
the selection and execution of such contracts. In pursuance of this policy, the NHAI:
i. Defines, for the purpose of this paragraph, the terms set forth below as follows:
a “Corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the action of a
public official in the selection process or in contract execution;
b “Fraudulent practice” means a misrepresentation or omission of facts in
order to influence a selection process or the execution of a contract;
c “Collusive practices” means a scheme of arrangement between two or more
consultants with or without the knowledge of the Client, designed to
establish prices at artificial, non-competitive levels;
d “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.
ii. 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;
iii. 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
iv. Will have the right to require that a provision be included requiring consultants to
permit the NHAI to inspect their accounts and records relating to the performance
of the contract and to have them audited by authorized representatives of NHAI.
1.10 Consultants, 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.
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National Highways Authority of India RFP for IE during O&M Period
1.11. 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 submit new staff in replacement. 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 no remuneration shall be deducted for any such replacement(s). However,
the technical evaluation shall take into account of the originally submitted CV(s) only
irrespective of replacement sought. Consultants who do not agree have the right to
refuse to extend the validity of their Proposals.
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 NHAI web-site.
2.2. At any time before the submission of Proposals, the Client may for any reason,
whether at its own initiative or in response to a clarification requested by a
Consulting firm, modify the RFP documents by amendment. Any amendment shall be
issued in writing through addendum. Addendum may be sent by mail, cable, telex,
facsimile or electronic mail to consultants or/and will be hosted on NHAI website
which will be binding on them. The Client may at its discretion extend the deadline
for the submission of Proposals.
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National Highways Authority of India RFP for IE during O&M Period
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 and 4). The two parts shall be:
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.
ii. The Consultants should prefer to field as many of their permanent staff as possible
and higher marks shall be given in this regard. 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. More weightage will be given to those
key personnel who are employed with more years with the firm.
iii. No alternative to key professional staff may be proposed and only one
Curriculum Vitae (CV) may be submitted for each position and
iv. A good working knowledge of the language specified in the data sheet is
essential for key professional staff on this assignment. Reports must be in the
language (s) specified in the data sheet.
v. For Key Personnel e.g. Team Leader, Highway Maintenance cum Resident
Engineer, Bridge/ Structural Engineer and Road Safety Expert, the Consultants
should prefer candidates having worked on PPP Projects. Such personnel shall
be rated higher than the candidates having no such experience at all”.
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National Highways Authority of India RFP for IE during O&M Period
3.4 Your Technical Proposal must provide the following information, using but not limited
to the formats attached in the Section 3 &4.
ii) Site Appreciation: limited to four A4 size pages in 1.5 space and 12 font
including photographs, if any;
iii) Proposed methodology for the execution of the services illustrated with bar
charts of activities. The proposed methodology should be accompanied by the
consultants’ initial view, key challenges they foresee and potential solutions.
The proposal shall indicate as to whether the firm is having the facilities for
carrying out the following field activities or these are proposed to be
outsourced to specialized agencies.
v) 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.
vi) The composition of the proposed staff team, the tasks which shall be assigned
to each and their timing;
a. CVs strictly in the prescribed format and recently signed in blue ink on each
page by both the proposed professional staff and the Managing Director/Head
or the authorized representative of the firm.
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National Highways Authority of India RFP for IE during O&M Period
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/fake inflated in the CV, at any stage,
debarment of key personnel from future MoRT&H/ NHAI or its executing
agencies projects upto 2 years may be taken by MoRT&H/ NHAI or its
executing agencies.
c. If same CV is submitted by two or more firms, zero marks shall be given for
such CV.
d. CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand, including those for which LOA has been received from
the Client or for which Consultant has been declared as H1, do not exceed
3(three) for team leader, 2 (two) for Road Safety Expert and 3(three) for
bridge/structural engineer as on 7 days before due date of proposal.
e. All the CVs which are to be evaluated should be complete in all respects
including signing and certification by the individual and the firm. In order to
overcome the difficulties in furnishing the duly signed CVs due to time
prescribed for submission for RFP, maximum 3 CVs (except Team Leader and
Highway Maintenance Engineer) with scanned signatures of the candidates on
all pages shall be permitted. However, the authorized representative of the
firm shall sign on each page. If the firm is selected, then the firm shall
submit duly signed CVs before the signing of contract.
f. If a CV score less than 75% marks, whatever marks it score will be carried
forward for maximum 2 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 2 nos. key personnel for determining the total score of the firm. In
case, a firm is H-1, then maximum 2 (two) 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 will be at the rate of 10% for each replacement. In case
the information contained in the CV for the duration in which key personnel
was employed by the firm proposing his candidature is found
fake/incorrect/inflated at any stage action including termination of the
consultancy agreement and debarment of the firm upto 02 years from future
MoRT&H or its executing agencies projects shall be taken by MoRT&H or its
executing agencies.
g. In case the information contained in the CV for the duration in which the
key personnel were employed by the firm proposing his candidature is
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National Highways Authority of India RFP for IE during O&M Period
3.6 Your Financial Proposal must be strictly using the formats attached in Section
5. No additional items/quantities other than that specified in the formats should
be proposed by the Consultants since the same shall not be considered for the
evaluation/award. For the first 12 months from the Date of Commencement of
Services, Consultants shall be paid billing rates as indicated above. Beginning
13th months of the services provided, billing rates shall be increased on all items
of contract inter alia including vehicle hire, office rent, consumables, furniture
etc @ 5% every 12 months for local currency for the subsequent period of
services rendered by the personnel of all categories namely (i) key Personnel; (ii)
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National Highways Authority of India RFP for IE during O&M Period
sub-Professional personnel and (iii) Support staff. However, for evaluation and
award of the Bid proposals, the quoted initial rate (as applicable for first 12
months) shall be multiplied by the total time input for each position on this
contract, i.e., without considering the increase in the billing rates.
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 Local currency (Indian
Rupees)
3.9 The Goods and service tax shall be considered for release along with invoice,
subject to condition that Consultant submits the proof of deposit of the same
with a Certificate from CA firm within a period of 90 days of receipt of such
Goods and service tax.
*(This will be the exchange rates as per Reserve Bank of India rounded off to nearest Rupee
applicable at the time of RFP invitation).
iii. Detailed RFP may be downloaded from https://etenders.gov.in and the Application
may be submitted online following the instructions appearing on the screen. A Vendor
manual containing the detailed guidelines for e-tendering system is also available on
https://etenders.gov.in
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National Highways Authority of India RFP for IE during O&M Period
iv. The following shall be the form of various documents in the Application:
iii. The Applicant shall submit the original documents specified above in point no.4.1
(ii)B together with their respective enclosures to the Authority after declaration
of evaluation result by Authority in compliance of Circular No. 9.1.11/2019 dt.
06.06.2019 in regard to dispensation of online submission.
iv. The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (ii) A & B above on the https://etenders.gov.in
before 12:00 hours Indian Standard Time on the Application due date i.e. on
06.06.2022. Financial Proposal is to be submitted On-line only and no hard submission
is to be made.
v. It may be noted that the scanned copies can be pr
vi.
vii. epared in file format i.e. PDF and/or ZIP only. The Applicants can upload a single
file of size of 10 MB only but can upload multiple files.
C. Procurement of Consultants through INFRACON Portal (to be uploaded
on www.infracon.nic.in)
i) All the Consultancy Firms and key personnel have to register on
www.infracon.nic.in portal and should upload their technical
proposals/credentials in public domain. This Portal has facility to host Firms &
Personnel credentials online with option to link to Aadhaar & Digilocker for data
validation & purity.
ii) The Applicant shall ensure that they have uploaded modules stipulated in
MoRT&H Circular No. RW-NH-35075/1/2010-S&R dt. 28.10.2015 on
www.infracon.nic.in, failing which the bid submitted will be summarily rejected.
Hard copy of the documents as specified in the said MoRT&H Circular only is
required to be submitted. Financial Proposal is to be submitted online only and
no hard copy submission is to be made. In the event of any discrepancy between
the original and the copy (in electronic form), the original shall prevail.
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National Highways Authority of India RFP for IE during O&M Period
The Authority shall open Technical Proposal received as mentioned in point nos.
4.1 (ii) B at 12:00 hours Indian Standard Time on the Application due date i.e.
07.06.2022 in the presence of the Applicants who choose to attend. This
Authority will subsequently open the Technical Proposal as mentioned in point
No. 4.1 A (a) above and evaluate the Applications in accordance with the
provisions set out in the RFP.
ii. The Financial Proposal 4.1 (ii) A (b) will be opened of the short-listed applicants
who qualify for financial opening as per RFP. The date of opening of Financial
Proposal will be notified later on.
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National Highways Authority of India RFP for IE during O&M Period
5. PROPOSAL EVALUATION
5.1. A two -stage procedure shall be adopted for evaluating the proposals.
5.2. Deleted.
Technical Proposal
5.3.
i. The Evaluation Committee appointed by the NHAI shall carry out its evaluation
applying the evaluation criteria at Appendix-B10 and point system specified in
the data sheet. Each responsive proposal shall be attributed a technical score
(St.) The technical proposal should score at least 75 points to be considered
responsive. The Authority shall shortlist 5 (five) top firms on the basis of their
technical score not in the conflict of interest with the concessionaire.
ii. The Technical Evaluation made by NHAI based on the criteria at Appendix-B10
will be made available on NHAI website i.e. www.nhai.org, giving opportunities
to respond within 7 days in case of objections, if any.
Financial Proposal
5.4. After the evaluation of Technical Proposals is completed and the shortlist of 5 firms
is finalized, NHAI may notify those consultants whose proposals were not considered
as per conditions of RFP indicating that their Financial Proposal will not be opened
online. The NHAI shall simultaneously notify the finally selected 05 (five) short listed
firms indicating the date and time set for opening of the Financial Proposals.
5.5. The Financial Proposals shall be opened through e-proc 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. In case under such circumstances, if Client feels that
the work cannot be carried out within the overall cost as per the submitted financial
proposal, such proposals shall be considered non responsive.
5.7. The Evaluation Committee shall determine if the financial proposal is complete and
without computational errors. The order of priority as among these firms on the basis
of financial bids will also be determined and the lowest financial bid shall rank first
for award of contract.
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National Highways Authority of India RFP for IE during O&M Period
5.8. The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points.
The financial scores (Sf) of the other Financial Proposals will be computed as
Sf = 100 x Fm/F, where Sf is the financial score. Fm is the lowest price and F, the
price of the proposal under consideration. Proposals shall finally be ranked according
to their combined technical (St) and financial (Sf) scores using the weights indicated in
the data sheet:
S = St x T% + Sf x P%.
The Firm achieving the highest combined technical financial score shall be declared as
the most preferred bidder.
6. Replacement of Personnel
6.1. Prior to the expiration period of validity of proposal, the NHAI shall notify the
successful firm (first ranking firm) in writing by registered letter or facsimile and
issue LOA. In case two or more firms offer same lowest financial bid, the firm
achieving the highest technical score shall be considered for LOA.
6.2. The proposal shall include methodology (work plan), staffing and bar charts, which shall
indicate activities, staff, periods in the field and in the home office, staff months,
logistics and reporting. Special attention shall be paid to optimize the required outputs
from the firm within the available budget and to define clearly the inputs required from
the NHAI to ensure satisfactory implementation of the assignment.
6.3. It is the responsibility of the Consultant, before submitting the financial proposal, to
contact the local tax authorities to determine the local tax amount to be paid by the
Consultant under the Contract. Having selected a firm, among other things, on the basis
of an evaluation of proposed key professional staff, the Contract will be finalized.
6.4 All replacements shall be governed by Clause 4.5 (Renewal and/or Replacements of
Personnel) of General Condition of the Contract.
7. AWARD OF CONTRACT
7.1. The Client shall award the Contract to the selected Consultant. However, after
signing of the Contract, the Client may return the unopened Financial Proposals to
the unsuccessful Consultants.
7.2. The successful firm with whom the contract is signed is expected to commence the
assignment on the date and at the location specified in the data sheet.
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National Highways Authority of India RFP for IE during O&M Period
8. PERFORMANCE CLAUSE
Independent Engineers shall be expected to fully comply with all the provisions of the
`Terms of Reference’, and shall be fully responsible for supervising and ensuring that the
Designs, Construction and Maintenance and Operation of the facility takes place in
accordance with the provisions of the Concession Agreement. Failure of the
Independent Engineer to notifying NHAI and the Concessionaire on non-compliance of
the provisions of the Concession Agreement by the Concessionaire, non-adherence to
the provision of ToR and non-adherence to the time schedule prescribed under ToR shall
amount to non-performance.
The Independent Engineer shall appoint senior most technical director or equivalent as
its authorised representative, who shall correspond with the NHAI besides Team Leader
to monitor the performance of its staff, undertake quarterly site inspections and give a
report to NHAI on such inspection for comments and suggestions of NHAI for future
compliance, issue on behalf of the IE, the Provisional Completion Certificate and
Completion Certificate and shall carry out any such task as may be decided by NHAI.
The IE shall take prior approval of NHAI before issuing Provisional Completion
Certificate and Completion Certificate. The proposal submitted shall also include the
name of the authorised representative along with the authorization letter and power of
attorney. No separate payment shall be made for such inputs and site visits of the
authorized representative as the same shall be treated as incidental to the assignment.
9. CONSULTANT’S PROPOSAL
9.1. Broad job-description and minimum qualification and experience requirements for
key personnel mentioned above are given in Enclosure–B. However, higher marks
shall be accorded to the Candidate with higher relevant qualification and experience
in PPP projects. The age of the Key Personnel should not be more than 65 years on
the date of submission of proposal. Consultants are advised in their own interest to
frame the technical proposal in an objective manner as far as possible so that these
could be properly assessed in respect of points to be given as part of evaluation
criteria. The bio-data of the key personnel should be signed on every sheet by the
personnel concerned and the last sheet of each bio-data should also be signed by the
authorised signatory for the Consultant. The key personnel shall also certify at the
end of their bio-data proforma that they have not left any of the NHAI 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 Independent
Engineer, if the Project is awarded. In case the key personnel leave the assignment
without approval of NHAI, NHAI would be at liberty to take any appropriate action
against those key personnel including debarment.
9.2. In addition to above, the consultants are required to propose sub-professional staff as
detailed in Enclosure-A with the minimum qualification and experience requirements
as given in Enclosure–B.
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National Highways Authority of India RFP for IE during O&M Period
Alternatively, a single Bank Guarantee to cover for the performance of all project under NHAI
may also be deposited as tabulated below, at the discretion of the consultant, instead of depositing
separately again and again. The Consultant may initially provide the Performance Security for a
period of two years provided that it shall procure the extension of the validity of the Performance
Security at least one month prior to the date of expiry thereof. Once the appropriate single Bank
Guarantee for Performance Security has been submitted by the Consultant, the existing BGs shall
be returned. The Bank Guarantee be submitted in prescribed Performa.
Performance Security
Cumulative Value of Consultancy Fee BG Value (in Rs. Crores)
as per Ongoing Contracts under NHAI
(in Rs. Crores)
0-10 0.25
10-20 0.50
20-30 0.75
30-40 1.0
40-60 1.50
60-80 2.0
80-100 2.50
100-200 4.00
Beyond 200 5.0
10.2 The BG shall be in the format specified in Appendix I 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 Nationalized Bank in
India. In case of JV, the BG shall be furnished on behalf of the JV and not
individually by the members.
Note: The bidder has to furnish the data/information, as applicable to them, for
different annexure enclosed herewith as per NHAI circular NHAI/Policy Guidelines
/Consultancy contracts/2018 No.10.2.15, dated 18.07.2018). The provision under this
circular will prevail upon any other similar provision mentioned elsewhere in the bid
document. NHAI decision this regard will be final and binding on the bidder/successful
bidder
10.3 DELETED.
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National Highways Authority of India RFP for IE during O&M Period
10.4 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 of15 (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.
10.5 Notwithstanding anything to the contrary contained in this Agreement, the
Parties agree that in the event of failure of the Consultant to provide the
Performance Security in accordance with the provisions of Clause10.1 within the
time specified therein or such extended period as may be provided by the
Authority, in accordance with the provisions of Clause 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 1-2years.
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National Highways Authority of India RFP for IE during O&M Period
DATA SHEET
(As Mentioned in Letter of Invitation to Consultants)
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National Highways Authority of India RFP for IE during O&M Period
i. Sub criteria for Relevant Experience of the firm for the assignment
Year of Establishment of the Firm (In case of JV year of establishment 2
of LM shall be considered) (Min 5 Years)
Average Annual Turnover (last 5 years) from consultancy business (Min. 2
5 crore).
No. of key personnel with the firm 2
Experience in DPR/Feasibility cum PPR preparation for two projects of 5
4/6 laning of 30% of project length each or one project of 4/6 laning of
50% of project length in last 7 years.
In hand DPRs for NHAI Projects (presently under progress) 10
Experience as Independent Engineer/ Authority Engineer/ Supervision 6
consultants for two construction projects of 2Lane+PS/four/six laning of
30% of project length each or one projects of 2Lane+PS/four/six laning
of 50% of project length in last 7 years
Experience as Independent Engineer/ Supervision consultants one O&M 8
project under DBFOT/OMT of 2Lane+PS/four/six laning** of 50% of
project length in last 7 years.
Employer’s certificate should be submitted substantiating the experience
claimed by the firm.
**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 Consultant for having offered consultancy services to a private
organization shall also be considered as relevant experience for current
assignment, provided the experience is duly endorsed by the respective
Government Agency.
ii. Sub criteria for Adequacy of the proposed work plan and methodology
Site Appreciation 1
Quality of Approach and Methodology (approach and initial view on project plan 2
including key challenges envisaged and potential solutions)
Internal Quality Audit Methodology to be adopted (Quality Assurance Plan) 2
Total 5
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National Highways Authority of India RFP for IE during O&M Period
iii. Sub criteria for Experience in use of technology for road inspection
No. of
S. Marks per Total
Staff Position Professional
No Staff Marks
Staff
1 Team Leader cum Highway Engineer 1 19 19
2 Highway maintenance cum Resident Engineer 1 12 12
3 Bridge/Structural Engineer 1 4 4
4 Road Safety Expert 1 5 5
Total 40
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National Highways Authority of India RFP for IE during O&M Period
v. The technical proposal should score at least 75 points to be considered responsive for
financial evaluation.
vi. Detailed evaluation criteria which is to be used for evaluation of technical bids is as
indicated below as Appendix-EC.
vii. The Consultant should carryout self-evaluation based on the evaluation criteria at
Appendix-EC. While submitting the self-evaluation along with bid, Consultant shall
make references to the documents which has been relied upon in his self-evaluation.
viii. 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.
ix. The single currency for price conversion is INR. For evaluation of bid proposals, the
foreign currency conversation rate of 1US Dollar = Rs. ***** and 1 Euro = Rs.***** shall
be used.
xi. Commencement of Assignment: The firm shall begin carrying out the services within 15
days of signing of the Consultancy Agreement.
Remarks: Based on experience and the Consulting Industry’s Capacity, Project specific
requirement etc., NHAI may modify the above criteria for Selection of IE
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National Highways Authority of India RFP for IE during O&M Period
The proposal should contain the following information in enclosed format attached at
Appendix A.
Year of Establishment of Firm
Average annual turnover (last five years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the
last five years (FY 2017-18, 2018-19, 2019-20, 2020-21 & 2021-22 )**. For claiming experience
of Highway projects, Completion Certificate from Employer should be enclosed. The proposal
should also contain the details of the key personnel viz. their name, qualification, expertise
area, experience and years of association with the firm.
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for: -
ii. Year of establishment of firm *
Consultant Year of Country Individual Type of Organization
Establishment
Partnership Corporation Other
Individual/Lead
Partner (of JV
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.
vi. Financial Statement of the last five years. **
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National Highways Authority of India RFP for IE during O&M Period
a. **The amount shall be stated in INR. (Consider US$1= ***** INRs. and 1 Euro = *****
INRs.)
b. The currency conversion rate for the respective years shall be mentioned for
other international currencies.
c. Balance Sheet/ Auditor Certificate of last 5 years (FY 2017-18, 2018-19, 2019-20,
2020-21 & 2021-22) shall be submitted as evidence of Annual Turnover”.
viii. Experience *** in DPR/Feasibility Study of 4/6 laning Highway projects during the
last 7 years.
Client
(with
complete Total Fee
address, for the
contact Consul- Fee in % age of
person, tancy INR total fee
Type Length of telephon Assign- (Applican received
S. Projects Services Project e Nos and ment t’s share by the
N o Name/year Rendered (kms) Fax Nos) (INR) in firm Period
1 2 3 4 5 6 7 8 9
ix. Experience *** in Project Supervision/IE for Operation and Maintenance of Highway
Projects, separately for PPP and non-PPP Projects during the last 7 years.
Projects
Name/
Client
year
(with Fee
Sole complete Total Fee Received
consultant Descri- address, for the by
Prime ption of contact Con- Applicant % Age of
Consultant Type Highway person, sultancy (in case Total Fee
of JV/JV/or Services Project/ telephon Assign- of JV/ Received
S. Sub Ren- Length e Nos and ment Associ- by the
N o Consultant dered (kms) Fax Nos) (INR) ation) Firm Period
1 2 3 4 5 6 7 8 9
a. ***4/6 lane as applicable for the project for which RFP is invited. Experience of 4/6
lane shall be considered interchangeably for 4/6 laning projects.
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. The certificate should be issued by an Officer not
below the rank of Executive Engineer.
c. 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. Experience weightage for firms as Lead
partner/JV partner/Associate shall be considered in the same proportion as
payment has been received by the firm towards consultancy work in the project.
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National Highways Authority of India RFP for IE during O&M Period
Role of the
Team Members
firm
provided by the
Sole, Lead/ Date of Date of firm
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(f) Number of Key Personnel (as defined in RFP) employed with the firm in highway sector with
more than one year from bid submission date:
Bridge/Structural Engineer
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
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 IE for the
Operation and Maintenance of
i.
We, the undersigned, offer to provide the consulting services for the above in accordance with
your Request for Proposal dated , and our Proposal dated ………. while duly examining and
Understanding the contents of RFP. We are hereby submitting our Proposal, which includes
this Technical Proposal and a Financial Proposal for the above mentioned work.
My/Our registration No. on Infracon is ……. and my/our Infracon Team ID is …………….
We further certify that in the last 3 years, we or any member of our JV/Associates have neither
failed to perform any contract/ assignment nor have been expelled from any contract/assignment
nor had any contract/assignment terminated for our breach. Our Proposal is binding upon us.. We
understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
Authorized Signatory
Name and Address of Firm
(Lead Member in case of JV)
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
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 1 page]
3) Proposed Quality Audit Methodology and Quality Assurance Plan [not more than 6 pages]
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
1. Technical/Managerial Staff
2. Support Staff
30
National Highways Authority of India RFP for IE during O&M Period
Date of Birth :
Years with Firm/Entity : . .. ... .. .. .. ... .. .. ... .. .. .. ... .. .. ... .. .. . Nationality:
.............................. Membership of Professional
Societies:.........................................................................
Name Period
of Projec Assignment Client of
Employ t in the the Rema
S. No er Post Held Name From To Project Project rk
Education:
[Summarise college/university and other specialised education of staff member, giving their
names, dates attended, and degrees obtained. Use about one quarter of a page.]
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page.]
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National Highways Authority of India RFP for IE during O&M Period
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions
held by staff member since graduation, giving dates, name of employing organizations, titles
of positions held, and locations of assignments. For experience in last ten years, also give
types of activities performed and client references, where appropriate. Use about three-
quarters of a page.]
Languages:
[For English language indicate proficiency: excellent, good, fair, or poor; in speaking,
reading, and writing]
Summary of Qualification & Experience vis-à-vis the requirements as per TOR
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National Highways Authority of India RFP for IE during O&M Period
I, the undersigned, (Name and Address) undertake that this CV correctly describes myself, my
qualifications and my experience and NHAI 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 b y NHAI nor left any assignment with the consultants engaged by
NHAI / contracting firm (firm to be supervised now) for any continuing work of NHAI without
completing my assignment. I will be available for the entire duration of the current projects
(named---------------------). If I leave this assignment in the middle of the work, NHAI would be
at liberty to debar me from taking any assignment in any of the NHAI works for an appropriate
period of time to be decided by NHAI. I have no objection if my services are extended by
NHAI for this work in future.
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 NHAI projects during the
period of assignment of this project and NHAI shall consider my CV invalid till such time.
I further certify that I am associated with the following assignments as on date (as on 7 days
prior to due date for submission of proposal) including those for which LOA has been received
by the firm and the inputs in these assignments shall not affect the work of the current
assignment.
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National Highways Authority of India RFP for IE during O&M Period
The undersigned on behalf of …………………… (name of consulting firm) certify that the
qualification and experience details of Shri ……. (name …………………………………………………………..
of the proposed personnel and address) as described in the CV has been checked and found to
be correct. It is also certified that Shri…… (name of proposed personnel) to the best of our
knowledge has neither been debarred by NHAI nor left his assignment with any other
consulting firm engaged by NHAI / 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 NHAI, NHAI would be at liberty to remove the personnel from the present
assignment and debar him for an appropriate period to be decided by NHAI.
Note:-
a. Personnel is to affix his recent photograph on first page of CV.
b. Complete address and phone number of the Personnel is to be provided.
c. Document for proof of age is to be enclosed.
d. Document for proof of qualification is to be enclosed.
e. Age of the personnel shall not be more than as specified.
f. Experience Certificates from Employers to be attached.
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
SI.
No Reports : Programme : (Date)
1 Monthly reports (Design and Construction)
2 Quarterly Reports
Various others reports as provided in the Concession
3
Agreement such as Completion Report
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
APPENDIX B-10: Self Evaluation by the Firm on the Annexure A, along with
Annexure-A-1, Annexure A-2, Annexure A-3, Annexure A-4-1 to A-4-4 and
Annexure A-5-1 to A-5-9.
Name of the Firm:………………………………………………………………………………..
S. Marks of out
No. Name of the Professional Staff of 100 Weightage Marks Remark
Details Marks
1 Team Leader x/100*19
(As per Annexure-A-4-1)
2 Highway Maintenance cum Resident x/100*12
Engineer (As per Annexure- A-4-2)
3 Road Safety Expert x/100*4
(As per Annexure-A-4-3)
4 Bridge/Structural Engineer (As per x/100*5
Annexure- A-4-4)
Maximum Marks 40 Total 0
Evaluation of the Firm (As per Annexure-A-1) Maximum 35 0
Grand Total of Evaluation 0
Managing Director/Head of the Firm/Authorized Representative of the firm
Address:
Lead Member in case of JV
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National Highways Authority of India RFP for IE during O&M Period
APPENDIX B-11:
Format for Technical Capacity of Bidding Firms
(To be filled by Sole Consultant and in case of JV, separately by the JV partners bidding for
the assignment)
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National Highways Authority of India RFP for IE during O&M Period
(iv) Self-Assessment by the Consulting firm (in case of JV, separately by the JV Partners)
on eligibility as per technical capacity provisions:
Average No. of Key Max. no. of Ongoing Projects (nos.) Remaining Capacity
Annual Professionals projects that for new Projects
Turnover of on full time can be (nos.)
firm in last 3 rolls allotted to DPR AE/IE/SC DPR AE/IE/SC
FY (from (minimum one firm
consultancy from last one including
works) year) with the the ongoing
Consultancy projects at a
firm time.
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National Highways Authority of India RFP for IE during O&M Period
INTEGRITY PACT
(To be executed 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 NHAI)
Tender No._________
Between
National Highways Authority of India (NHAI), a statutory body constituted under the National Highways
Authority of India Act, 1988, which has been entrusted with the responsibility of development,
maintenance and management of National Highways, having its office at G-5 & G-6, Sector-10, Dwarka,
New Delhi, hereinafter referred to as “The Principal”, which expression shall unless repugnant to the
meaning or contract thereof include its successors and permitted assigns.
and
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s for
“Independent Engineer Services during Operation & maintenance Period for 4-Laning of
Moradabad-Bareilly Section of NH-24 from Km 149.250 to Km 271.050 in the state of Uttar
Pradesh on DBFOT basis under NHDP Phase-III A ”. The Principal values full compliance with all
relevant laws of the land, rules of land, regulations, economic use of resources and of fairness/
transparency in its relations with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/ Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity Pact
(hereafter referred to as Integrity Pact) the terms and conditions of which shall also be read as integral
part and parcel of the Tender documents and contract between the parties. Now, therefore, in
consideration of mutual covenants stipulated in this pact, the parties hereby agree as follows and this pact
witnesses as under:-
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.
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National Highways Authority of India RFP for IE during O&M Period
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential/ additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or
the contract execution.
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.
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.
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.
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.
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.
h. The Bidder(s)/ Contractor(s)/ Concessionaire(s) Consultant(s) who have signed a Integrity
pact shall not approach the court while representing the matter to IEMS and shall wait for
their decision in the matter
Article – 3 Disqualification from tender process and exclusion from future contracts.
3. A transgression is considered to have occurred if the Principal after due consideration of the
available evidence concludes that “On the basis of facts available there are no material doubts”.
4. The Bidder/ Contractor/ Concessionaire/ Consultant with its free consent and without any
influence agrees and undertakes to respect and uphold the Principal’s absolute rights to resort to
and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.
5. The decision of the Principal to the effect that a breach of the provisions of this Integrity Pact
has been committed by the Bidder/ Contractor/ Concessionaire/ Consultant shall be final and
binding on the Bidder/ Contractor/ Concessionaire/ Consultant. However, Consultant(s), the
Bidders Contractor(s) Concessionaire(s) Consultant(s) can approach IEM(s) appointed for the
purpose of this pact.
6. On occurrence of any sanctions/ disqualification etc arising out from violation of integrity pact,
the Bidder/ Contractor/ Concessionaire/ Consultant shall not be entitled for any compensation on
this account.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Concessionaire/ Consultant can prove that he has restored/ recouped the damage caused by
him and has installed a suitable corruption prevention system in his organization.
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
apart from any other legal right that may have accrued to the Principal.
National Highways Authority of India RFP for IE during O&M Period
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/ Consultant and/ or demand and recover liquidated and all
damages as per the provisions of the contract/concession agreement against Termination.
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.
2. The Principal will enter into agreements with identical conditions as this one with all Bidders/
Contractors/ Concessionaires/ Consultants and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders who do not sign this Pact or
violate its provisions.
1) The Principal appoints competent and credible Independent External Monitor for this Pact after
approval from Central Vigilance Commission. The task of the Monitor is to review independently
and objectively, whether and to what extent the parties comply with the obligations under this
agreement. The following two Independent External Monitors (IEMs) has been engaged by
NHAI
(i) Smt. Gauri Kumar, IAS (Retd.) { Reference Office Order No. 11019/2797/2021-Admn
(E-76881)/870- Manual dated 17.05.2021}
(ii) Sh. Ashish Bhauguna, IAS (Retd.) { Reference Office Order No. 11019/2797/2021-
Admn (E-76883/37312)/912- Manual dated 28.05.2021}
2) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. 1le reports to the Chairman, NHAI.
3) The Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s) accepts that the Monitor has the
right to access without restriction to all project documentation of the Principal including that
National Highways Authority of India RFP for IE during O&M Period
240
4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Contractor(s) / Subcontractor(s) with confidentiality. The Monitor has also signed on
Non-disclosure of Confidential Information' and of Absence of Conflict of Interest". In case of
any conflict of interest arising at a later date, the IEM shall inform Chairman, NHAI and recuse
himself herself from that case.
5) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Bidder/ Contractor/ Concessionaire/ Consultant. The
parties offer to the Monitor the option to participate in such meetings.
6) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-2, he
may request the Management of the Principal to take corrective action, or to take relevant action.
The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor
has no right to demand from the parties that they act in a specific manner, refrain from action or
tolerate action.
7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks from the
date of reference or intimation to him by the Principal and, should the occasion arise, submit
proposals for correcting problematic situations.
8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence under
relevant IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
9) The word 'Monitor' would include both singular and plural
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/ Consultant 12 months after
his Defect Liability period is over or 12 months after his last payment under the contract
whichever is later and for all other unsuccessful Bidders 6 months after this Contract has been
awarded. (In case of BOT Projects) It expires for the concessionaire 24 months after his
concession period is over and for all other unsuccessful Bidders 6 months after this Contract has
been awarded. Any violation of the same would entail disqualification of the bidder and exclusion
from future dealings.
If any claim is made/ lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Chairman
of NHAI.
National Highways Authority of India RFP for IE during O&M Period
.
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. New Delhi.
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. Issue like warranty / Guarantee etc. shall be outside the purview of IEMS.
6. In the event of any contradiction between the Integrity Pact and its Annexure, the clause in
integrity pact shall prevail.
7. 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.
8. The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
Contractor/ Concessionaire/Consultant )
(Office Seal )
Place________
Date_________
Witness 1 :
Witness 2 :
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National Highways Authority of India RFP for IE during O&M Period
Anneuxre-A-1
Evaluation Sheet (Relevant Experience of Firm for the Assignment Total Marks = 35)
Certificate
attached
S. (Page No.)/
No. Description Marks Name of Firm: - Remark
1 Year of Establishment of the Firm (In case of 2
JV year of establishment of Lead Member shall
be considered) (Min 5 years)
For 5 years - 1.5 marks More than 5 years - 2
marks
2 Average Annual Turnover (last 5 years or in 2
each of the preceding two years) from
consultancy business (Min 5 Crore)
For >50 Crores - 2 marks
For 20-50 Crores- 1.5 marks
For 10-20 Crores- 1 mark
For 5-10 Crores- 0.5 mark
3 Numbers of key personnel with the firm more 2
than one year with the firm.
< 4 personnel - 0 marks
4 to 12 - Linearly varying from 0.25 to 2
> 12 personnel - 2 marks
4 Experience in DPR/Feasibility cum PPR 5
preparation for two projects of 4/6 laning of
30% of project length each or one project of
4/6 laning of 50% of project length in last 7
years
2 project 4/6 laning of 30% of project length
each - 4 marks Or
1 project of 4/6 laning of 50% of project
length
- 4 marks
Add 0.25 (Zero point two five) marks extra for
each additional project subject to maximum 1
marks.
5 In hand DPRs for NHAI Projects 10
For DPR project length > the length of project
for which RFP invited -5 Marks
For DPR project length > two times the length
of project for which RFP invited -7.5 Marks
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National Highways Authority of India RFP for IE during O&M Period
Evaluation Sheet (Relevant Experience of Firm for the Assignment Total Marks = 35)
Certificate
attached
S. (Page No.)/
No. Description Marks Name of Firm:- Remark
For project length > three times the length of
project for which RFP invited - 10 Marks
6 Experience as Independent 6
Engineer/Authority Engineer/ Supervision
Consultant
two construction projects of four/six laning **
of 30% of project length each or one projects
of four/six laning ** of 50% project length in
last 7 years. 2 construction projects 4/6
laning
of 30% of project length each -4marks Or 1
construction project of 4/6 laning of 50% of
project length - 4 marks
Add 1(one) mark extra for completed
assignment of Independent Engineer and add
0.5 (Zero point five) marks extra for
completed assignment of supervision
consultancy subject to maximum 2 (two)
mark.
7 Experience as Independent 8
Engineer/Supervision Consultants
one O&M project under DBFOT/OMT/O&M of
four/six laning** of 50% of project length in
last 7 years
1 project - 6 marks
Add 0.5 (Zero point five) marks extra for each
additional project subject to maximum 2
marks.
Total 35
Anneuxre-A-2
Evaluation Sheet (Adequacy of the Proposed Approach and Methodology)
Reference/Details of
Description Maximum projects Claimed for Marks self assessed
Marks self assessment by the bidder
Site Appreciation 1
(i) Average 0.50
(ii) Good 0.75
(iii) Very Good 1.00
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National Highways Authority of India RFP for IE during O&M Period
Anneuxre-A-3
Evaluation sheet for assessment of experience in use of technology for road
inspection
S. Description Maximum Reference/Details Marks self
No. Points of projects assessed by
Claimed for self the bidder
assessment
1 Experience in Network Survey Vehicle 5
NSV) or better technology for
pavement inspection
(a) Own Equipment / MoU with Associate
/lease / hire
(a) Experience of 1-2 projects
(b) Experience of 3-5 projects
(c) Experience of >5 projects
2 Experience in Falling Weight 4
Deflectometer (FWD) or better technology
for pavement strength measurement
(a) Own Equipment / MoU with Associate
/lease / hire
(a) Experience of 1-2 projects
(b) Experience of >3 projects
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
Anneuxre-A-4-1
Evaluation Sheet -Team Leader
S. Description Max. Name of Remarks
No. Marks Firm:…………
1 General Qualification/Name/DOB 25 Name of Team
Leader:………
i. Graduate in Civil Engineering -21marks
ii. Post Graduation in Management/
Construction/ Transportation/Highway
Engineering/ Structural Engineering/any
other specialized stream of civil
engineering- 04 marks.
2 Adequacy for the project 70
i) Professional Experience in Highway
Projects:
Total Highway Professional Experience 30
< 10 years -0
10 years -22
Add two marks extra for each
additional completed year of experience
subject to maximum 8 (eight) marks.
ii) Experience as Team leader/Project 35
Manager or in Similar Capacity* in O&M of
completed 4/6 lane highway sections
< 3 years -0
3 years -30
Add 2.5 marks extra for each additional
year of experience subject to maximum 5
(five) marks.
iii) Experience in similar capacity* in 5
Highway Development Projects taken up
under PPP
1 projects - 4 marks
add 1 mark extra for additional projects
subject to maximum 1 (one) marks
3 Employment with the Firm 5
< 1 year -0
1 year -3
Add 0.5 marks for each subsequent
year subject to maximum 2 marks
Total 100
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
Annexure-A-4-3
Evaluation Sheet - Road Safety Expert
S. Max. Name of
No. Description Marks Firm:………… Remark
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National Highways Authority of India RFP for IE during O&M Period
Period Experience
S. Name of Post Nature Name of Total certificate
No. Employee Held of work Employer Client Period From To Page No.
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National Highways Authority of India RFP for IE during O&M Period
Annexure-I
Name of Project:
Stage of Project: Under Implementation / O&M of Completed Project (please select one)
Names of Key Designation Aadhar No. Number of days Number of days % availability
Personnel present on the required to be
project during present during
last 3 months last 3 months as
per schedule
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
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 up to the expiration of the validity period of
the proposal, i.e., [Date].
We undertake that, in competing for (and, if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India
namely “Prevention of Corruption Act 1988”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this proposal
and contract execution, if we are awarded the contract, are listed below:
We understand you are not bound to accept any proposal you receive.
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National Highways Authority of India RFP for IE during O&M Period
5 Years
No. of man-
No. Position Name months* Rate Amount
A Key Personnel (Professional Staff)
1. Team Leader cum Highway Engineer 15
Highway Maintenance
2 60
Cum Resident Engineer
3 Road Safety Expert 15
4 Bridge/Structural Engineer 15
Sub – Total 105
B Sub-professional
1 Assistant Quality cum Material Expert TBN 10
2 Survey Engineer TBN 15
Assistant Highway
3 TBN 60
Maintenance Engineer
4 CAD Expert TBN 15
5 Electrical Engineer TBN 5
6 Horticulture cum landscaping Expert TBN 60
7 Quantity Surveyor TBN 10
8 Toll Plaza Expert (IT)/HOU (02 nos) TBN 60
Sub – Total 235
Total for O&M 340
TBN = To Be Named
*The man-month against each key personnel/sub – professional shall be same as specified in
Enclosure A.
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National Highways Authority of India RFP for IE during O&M Period
2 Accountant-cum-Cashier TBN 60
Office Manager-Cum-Steno-Cum-
3 Computer Operator TBN 60
4 Office Boy TBN 60
Total
: 240
Note: Billing rates as indicated above shall be increased in accordance with clause 6.2(a)
Special Conditions of Contract for the personnel of all categories namely (i) key Personnel; (ii)
sub- Professional personnel and (iii) Support staff. The increase as above shall be payable only
on the remuneration part of Key Personnel, Sub-Professional Personnel and support staff.
However, for evaluation of Bid proposals, the quoted initial rate shall be multiplied by the
total time input for each position on this contract, i.e. without considering the subsequent
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. 4000km/month run. (The
vehicles shall not be more than 3 years old.)
The requirement of vehicles be assessed and details provided in the table below:
Requirements
IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff
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National Highways Authority of India RFP for IE during O&M Period
* Rate quoted includes Hotel charges (lodging & boarding), travel cost etc.
complete for one person.
V. Office Rent (Fixed Costs) – Minimum 200 sqm area of office shall be rented.
The office shall be located at Moradabad and the office rent includes electricity and water
Charges, maintenance, cleaning, repairs, security etc. complete.
60
VI. Office Supplies, Utilities and Communication (Fixed Costs)
The cost shall include of office supplies, drafting supplies, computer running cost, domestic
and international communication etc. as required for office functioning.
60
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 Core 2 Duo E8300,
19” color TFT, Cache–6MB, RAM - 2 GB, HDD – 250 GB, DVD Writer, Key board, optical scroll
mouse, MS- Windows Vista Business, pre loaded antivirus etc.), laser printers(2 no., 14 ppm,
266 MHz, 5000 pages per month, 600 x 600 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.
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
1. Scope
1.1 These Terms of Reference for the Independent Engineer (the “TOR”) are
being specified pursuant to the Concession Agreement dated -------- (the
“Agreement”), which has been entered into between the Authority and --------- (the
“Concessionaire”) for Operation and Maintenance of the 4-Laning of Moradabad-
Bareilly Section of NH-24 from Km 149.250 to Km 271.050 in the state of Uttar Pradesh
on DBFOT basis under NHDP Phase-III A on BOT/DBFOT basis and a copy of which
is annexed hereto and marked as Annex-A to form part of this TOR.
Project
Length
(Km) /
Total Date of
Project signing of
S. Consultancy NH Project Cost Concession Name of the
No. Package No. Stretch (Cr.) Agreement Concessionaire
Independent Engineer Services during Operation & Maintenance stage of following
project in **********
1
2.1 The words and expressions beginning with or in capital letters used in this TOR 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 references 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.
3.1 The role and functions of the Independent Engineer shall include the following:
iii. Review, inspection and monitoring of Construction Works as set forth in Paragraph 5;
vii. Determining, as required under the Agreement, the costs of any works or services
and/or their reasonableness;
viii. Determining, as required under the Agreement, the period or any extension thereof,
for performing any duty or obligation;
ix. providing all requisite data on monthly basis in Monthly Progress Report (MPR) within a
period of 7 days from the close of month, as required by Authority, for updating the
project specific website and PMIS substantially in the format prescribed at Annexure
– III.
xi. carrying out minor design works such as design of drainage, blackspot removal
design, etc as per the requirements; and
xii. Undertaking all other duties and functions in accordance with the Agreement.
3.2 The Independent Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good
Industry Practice.
4.1 The Independent Engineer shall undertake a detailed review of the Drawings to be
furnished by the Concessionaire along with supporting data, including the geo-
technical and hydrological investigations, characteristics of materials from borrow
areas and quarry sites, topographical surveys and traffic surveys. The Independent
Engineer shall complete such review and send its comments/observations to the
Authority and the Concessionaire within 15 (fifteen) days of receipt of such Drawings.
In particular, such comments shall specify the conformity or otherwise of such
Drawings with the Scope of the Project and Specifications and Standards.
4.2 The Independent Engineer shall review any modified Drawings or supporting
Documents sent to it by the Concessionaire and furnish its comments within 7 (seven)
days of receiving such Drawings or Documents.
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National Highways Authority of India RFP for IE during O&M Period
4.3 The Independent Engineer shall review the Drawings sent to it by the Safety Consultant
in accordance with Schedule-H and furnish its comments thereon to the Authority and
the Concessionaire within 7 (seven) days of receiving such Drawings. The Independent
Engineer shall also review the Safety Report and furnish its comments thereon to the
Authority within 15 (fifteen) days of receiving such report.
4.4 The Independent Engineer shall review the detailed design, construction methodology,
quality assurance procedures and the procurement, engineering and construction time
schedule sent to it by the Concessionaire and furnish its comments with 15 (fifteen)
days of receipt thereof.
4.5 Upon reference by the Authority, the Independent Engineer shall review and comment
on the EPC Contract or any other contract for operation and maintenance of the
Project Highway, and furnish its comments within 7 (seven) days from receipt of such
reference from the Authority.
5. Construction Works
5.1 In respect of the Drawings, Documents and Safety Report received by the Independent
Engineer for its review and comments relating to the Construction Works, the
provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the monthly progress report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the Project
Highway once every month, preferably after receipt of the monthly progress report
from the Concessionaire, but before the 20th (twentieth) day of each month in any
case, and make out a report of such inspection (the “Inspection Report”) 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 Independent Engineer
shall describe in reasonable detail the lapses, defects or deficiencies observed by it in
the construction of the Project Facilities. The Inspection Report shall also contain a
review of the maintenance of the existing lanes in conformity with the provisions of
the Agreement. The Independent Engineer shall send a copy of its Inspection Report to
the Authority and the Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Project Highway more than once in a month
if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards,
the Independent Engineer shall require the Concessionaire to carry out, or cause to be
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National Highways Authority of India RFP for IE during O&M Period
5.6 The sample size of the tests to be specified by the Independent Engineer under Paragraph
5.5 shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for
each category or type of tests in the Quality Control Manuals; provided that the
Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid
sample size by up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for
acceptance/rejection of their results shall be determined by the Independent 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 Concessionaire for its own quality assurance in accordance
with Good Industry Practice.
5.8 In the event that the Concessionaire carries out any remedial works for removal or
rectification of any defects or deficiencies, the Independent Engineer shall require the
Concessionaire to carry out, or cause to be carried out, tests to determine that such
remedial works have brought the Construction Works into conformity with the
Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such
tests.
5.9 In the event that the Concessionaire fails to achieve any of the project milestones
specified in the Project Facilities Completion Schedule, the Independent Engineer
shall undertake a review of the progress of construction and identify potential delays,
if any. If the Independent Engineer shall determine that completion of any Project
Facility is not feasible within the time specified in the Agreement, it shall require the
Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to
expedite progress, and the period within which completion shall be achieved. Upon
receipt of a report from the Concessionaire, the Independent Engineer shall review the
same and send its comments to the Authority and the Concessionaire forthwith.
5.10 If at any time during the Concession Period, the Independent 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
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National Highways Authority of India RFP for IE during O&M Period
the Authority forthwith identifying the whole or part of the Construction Works that
should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the
safety of suspended works and Users, it may, by notice in writing, require the
Independent Engineer to inspect such works, and within 3 (three) days of receiving
such notice, the Independent Engineer shall inspect the suspended works and make a
report to the Authority forthwith recommending whether or not such suspension may
be revoked by the Authority.
5.13 The Independent Engineer shall issue a Completion Certificate upon completion of
each Project Facility and Major Maintenance Work, if any, specified under and in
accordance with this Agreement.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and
reasonable assessment of the costs of providing information, works and services as set
forth in Article 16 (change of scope) and certify the reasonableness of such costs for
payment by the Authority to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the
Maintenance Manual.
6.1 The Independent Engineer shall review the annual Maintenance Programme furnished
by the Concessionaire and send its comments thereon to the Authority and the
Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme.
6.2 The Independent Engineer shall review the monthly status report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 7 (seven) days of receipt of such report.
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6.3.1 The Independent Engineer shall carry out visual inspection of entire highway stretch as
per the frequency defined in the following table
Frequency of
Nature of defect or deficiency
inspection
ROADS
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(c) Road side furniture including road signs and pavement marking
(iv) Removal of vegetation affecting sight line and road structures Weekly
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BRIDGES
(vii) Growth of vegetation affecting the structure or obstructing the waterway Weekly
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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
in Annexure I and II of this document respectively. Manpower which needs to conduct
visual inspection and mode of reporting is defined in the following table.
6.3.4 The Consultant shall also be responsible for inspection and monitoring of Wayside
Amenities, ETC (Electronic Toll Collection), ATMS (Advanced Traffic Management
System) and incident management.
6.3.5 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.
6.4.1 The carrying out of condition surveys will be one of the most important and crucial
field tasks under the project. The Independent Engineer shall carry out condition surveys
using equipment and following a frequency as defined under.
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Falling Weight
3 Strength of pavement At least once a year
Reflectometer (FWD)
The first equipment based inspection shall be conducted within 30 days of appointed date of
the Independent Engineer. 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 document.
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Length
Cracking Width
Depth
Area
Potholes
Depth
Indicator
Raveling %
Area
Depth
Rutting
Width
ii. The following criteria shall be met by the process of defects detection
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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. 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
6.4.4 The Independent 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
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ii. The following criteria shall be met by the process of road signs retroreflection
measurement
Measurement of retroreflective 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
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Before validation and calibration, the ATCC system shall meet the following accuracy
levels:
a) Classification of vehicles: better than 90%
b) Counting of vehicles: better than 95%
For verification of above accuracy levels, audit of raw ATCC shall be done by the
consultant on a sampling basis and should submit a certificate in this regard.
ii. ATCC systems such as Pneumatic Tube Detector, Inductive Detector Loop, Video Image
Detection, and Infrared Sensor or latest technologies shall be adopted.
iii. The classified traffic volume count surveys shall be carried out for 7 days (continuous,
direction-wise) at the selected survey stations. The vehicle classification system as
given in relevant IRC code may be followed. However, the following generalized
classification system is suggested in view of the requirements of traffic demand
estimates and economic analysis:
iv. All results shall be presented in tabular and graphical form. The survey data shall be
analyzed to bring out the hourly and daily variations. The traffic volume count per day
shall be averaged to show a weekly average daily traffic (ADT) by vehicle type. The
annual average daily traffic (AADT) shall be worked out by applying seasonal factors.
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6.5 The Independent Engineer shall carry out following inspections of ETC lanes at toll plazas
on a month basis:
(a) 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/NHAI technical specifications and requirements
b) 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 of accuracy and
uptime
Tracking and reporting toll plaza experience metrics such as average waiting time,
transaction times for different modes of payment (RFID, cash, smart cards, QR codes
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 Independent Engineer shall prepare a Monthly Status Report in respect of its duties
and functions under this Agreement and in accordance with the format prescribed in
Annexure III. 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. Key sections of the Monthly Status Report are as follows.
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10 Annexures
6.7 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any,
that the Concessionaire 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 the remedial
measures, if any, taken by the Concessionaire in this behalf.
6.9 The Independent Engineer shall determine if any delay has occurred in completion of
repair or remedial works in accordance with the Agreement, and shall also determine the
Damages, if any payable by the Concessionaire to the Authority for such delay.
6.10 The Independent Engineer shall examine the request of the Concessionaire for closure of any
lane(s) of the carriageway for undertaking maintenance/repair thereof, keeping in view the
need to minimise disruption in traffic and the time required for completing such
maintenance/repair in accordance with Good Industry Practice. It shall grant permission with
such modifications, as it may deem necessary, within 3 (three) days of receiving a request
from the Concessionaire. Upon expiry of the permitted period of closure, the Independent
Engineer shall monitor the re-opening of such lane(s), and in case of delay, determine the
Damages payable by the Concessionaire to the Authority under Clause 17.7.
6.11 The Independent Engineer shall monitor and review the curing of defects and
deficiencies by the Concessionaire as set forth in Clause 19.4.
6.12 In the event that the Concessionaire notifies the Independent Engineer of any
modifications that it proposes to make to the Project Highway, the Independent Engineer
shall review the same and send its comments to the Authority and the Concessionaire
within 15 (fifteen) days of receiving the proposal.
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6.13 On requirement, the Independent Engineer shall carry out minor design works such as
design of drainage, black spot removal design, etc
6.14 The Independent Engineer shall undertake traffic sampling, as and when required by the
Authority, under and in accordance with relevant clauses of concession agreement/
contract.
7. Termination
7.1 At any time, not earlier than 90 (ninety) days prior to Termination but not later than 15
(fifteen) days prior to such Termination, the Independent Engineer shall, in the presence
of a representative of the Concessionaire, inspect the Project Highway for determining
compliance by the Concessionaire with the Divestment Requirements set forth in Clause
30.1 and, if required, cause tests to be carried out at the Concessionaire’s cost for
determining such compliance. If the Independent Engineer determines that the status of
the Project Highway is such that its repair and rectification would require a larger amount
than the sum set forth in Clause 39.2, it shall recommend retention of the required
amount in the Escrow Account and the period of retention thereof.
7.2 The Independent Engineer shall inspect the Project Highway once in every 15(fifteen)
days during a period of 90 (ninety) days after Termination for determining the liability of
the Concessionaire in respect of the defects or deficiencies. If any such defect or
deficiency is found by the Independent Engineer, it shall make a report in reasonable
detail and send it forthwith to the Authority and the Concessionaire.
8.1 The Independent Engineer shall determine the costs, and/or their reasonableness, that
are required to be determined by it under the Agreement.
8.2 The Independent Engineer shall determine the period, or any extension thereof, that is
required to be determined by it under the Agreement
9.1 When called upon by either Party in the event of any Dispute, the Independent Engineer
shall mediate and assist the Parties in arriving at an amicable settlement.
9.2 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
Independent Engineer shall specify such meaning, scope and nature by issuing a reasoned
written statement relying on good industry practice and authentic literature.
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10.1 The Independent Engineer shall perform all other duties and functions specified in the
Agreement.
11. Miscellaneous
11.1 All key personnel and sub professional staff of the Independent 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 Independent Engineer at its own cost at the
site office in order to facilitate the attendance marking. More systems can be installed
near the project highway upto a maximum of 1 system per 50 km in order to encourage
frequent visits of project highway by key personnel and sub professional staff. A copy of
monthly attendance records shall be attached with Monthly Status Report. Proper
justification shall be provided for cases of absence of key personnel/ sub professional
staff which do not have prior approval from Project Director of concerned stretch.
11.1(a) NHAI has developed an advanced Face Recognition location based mobile Application
System e- Attendance System to track and monitor attendance of key personnel deployed
by AEs/ IEs & Consultants for the project. This system is integrated with Data Lake/ PMS
Portal. The application uses facial recognition, GPS based location identification enabling
a user to mark their daily attendance daily by signing-in, in the morning and sign out, at
the end of the day. The E- attendance System is mandatory with effect from 20 January
2021 for all key personnel/ engineers deployed by AE/ IE Consultant as per their contract.
11.2 The Independent Engineer shall notify its programme of inspection to the Authority and
to the Concessionaire, who may, in their discretion, depute their respective
representatives to be present during the inspection.
11.4 The Independent Engineer shall obtain, and the Concessionaire shall furnish in two copies
thereof, all communications and reports required to be submitted under this Agreement by
the Concessionaire to the Independent Engineer, whereupon the Independent Engineer shall
send one of the copies to the Authority along with its comments thereon.
11.5 The Independent Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as-built’ Drawings and keep in its safe custody.
11.6 Upon completion of its assignment hereunder, the Independent Engineer shall duly
classify and list all Drawings, Documents, results of tests and other relevant records, and
hand them over to the Authority or such other person as the Authority may specify, and
obtain written receipt thereof. Two copies of the said documents shall also be furnished
in micro film form or in such other medium as may be acceptable to the Authority.
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Enclosure-A
Note:
1. The Team Leader may not be required every day as they handle assignments on other
projects also running concurrently. However, their presence would be required at least
for a week every month. The man-months for the Team Leader have been indicated
accordingly.
2. The Contract Specialist and Financial Analyst 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 Contract Specialist and Financial Analyst shall be paid at the average
of the rates quoted for Key Personnel listed at Sl. No. 2, 3 & 4 above.
3. The qualification and experience of Sub Professional staff would not be accounted in the
evaluation. However, Consultant shall have to get their CVs approved from NHAI before
mobilization. The other inputs like support staff shall also be provided by the Consultant of
an acceptable type commensurating with the roles and responsibilities of each position.
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Enclosure B
MINIMUM QUALIFICATION OF
KEY PERSONNEL & SUB PROFESSIONAL STAFF QUALIFICATION OF KEY PERSONNEL
1. Essential Qualifications.
2. Preferential Qualifications.
i.Post Graduate Degree in Management/ Construction/ Transportation/ Highway
Engineering/ Structural Engineering or any other specialized stream of civil
engineering.
ii.Highway Development Projects taken up under PPP.
Note: (1) Similar Capacity includes the following positions
On behalf of Consultant: Team Leader/Resident Engineer (Construction
Supervision/IE)
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1. Essential Qualifications.
iv. Out of 3 years as in (iii) above at least one project should involve works of 4/6
laning/expressways or similar project
2. Preferential Qualifications.
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1. Essential Qualifications.
iv. At least one project should involve work of 4/6 laning/expressways or similar project.
2. Preferential Qualifications.
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2. Preferential Qualifications
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SUB PROFESSIONAL
SURVEY ENGINEER
The candidate should be a Graduate in Civil Engineering/Survey with at least 6 years experience in the field of
surveying out of which 3 years should be on highway projects with at least 1 similar highway project. Firm may
field Survey Engineer with diploma in Civil Engineering/Survey having at least 10 years experience in the field of
surveying out of which at least 5 years should be in highway projects with at least 2 projects of similar nature. This
position requires thorough understanding of modern computer based equipment/method of surveying with total
station, digital level, GPS etc.
CAD EXPERT
He should be a Graduate in Civil Engineering with adequate computer training or graduate in Computer Science
having experience in computer aided design methods in highway engineering. The incumbent should have 3 years
experience and should have handled at least one highway project of similar nature.
ELECTRICAL ENGINEER
The Candidate should be a Graduate in Electrical Engineering. He should have at least 6 years professional
experience.
HORTICULTURE CUM LANDSCAPING EXPERT
The Candidate should be a Graduate in Agriculture Science with specialization in Horticulture/Arboriculture. He
should have at least 6 years professional experience.
Toll Plaza Expert (IT)/Highway Operation Unit(HOU) Officer (as per NHAI Policy Circular No.
NHAI/HO/31/2017/05/37 dated 10.01.2018)
The candidate should be Systems Engineer having experience of at least 5 years. He should be an expert in
preparation of standards for systems of toll collection and HTMS in Electronics/computer Science /IT or equivalent.
He should have experience of international latest technology / systems in the field of HTMS and tolling. He should
have work experience of at least one establishing HTMS and one tolling systems.
Educational Qualification
Location of Job- The IT Expert engaged shall site at Toll Plaza (s) under the project under report to HOU of
PIU/RO/HQ NHAI.
Essential Qualification
Bachelor’s Degree in Computer Science / Computer Engineering / IT Electronic & Communications / Electronics &
Instrumentation /MCA
Experience- Minimum 5 years of experience in IT System Integration / Project management of IT Operation out of
which at least 2 year in toll Management System.
Desirable – Having certified training in Behavioural Management from any recognized Institute of hospitality
management.
Real Time Online Toll Data Transfer:- To ensure timely transmission of real time online Toll data in respect of
Toll Plazas under revenue sharing and premium deferment concessions/contracts through EDI. He should interact
and coordinate with audit agencies and Nodal Officers of HQ NHAI for smooth transfer of Toll Data mechanism as
per SoP of NHAI. To facilitate any other NHAI welfare scheme being implemented at Toll Plaza such as Eye Camp,
Blood donation Camp etc.
To above charter of duties is tentative and subject to modification time to time as per requirement of NHAI.
QUANTITY SURVEYOR
He should be Graduate or equivalent in Civil Engineering having Min. 5 years of professional experience in
preparation of highway project estimates. He should have Min. 3 years experience in Preparation of Bill of
Quantities/estimates for major highway projects costing Rs.100 Crore or above.
Note: Upto 1 sub-professional 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.
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ROADS
Breach or blockade
Pot holes
Removal of debris
Desilting of drains in
urban/semi-urban areas
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Obstruction in a minimum
head-room of 5 m above
carriageway or obstruction in
visibility of road signs
Rest areas
Cleaning of toilets
Toll plaza[s]
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]
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ROADS
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
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Damage to or silting of
culverts and side drains
(v)
during and immediately
preceding the rainy season
Desilting of drains in
(vi)
urban/semi-urban areas
Damage to shape or
position;
(i)
poor visibility or loss of
retro-reflectivity
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Obstruction in a minimum
head-room of 5 m above
(i)
carriageway or obstruction
in visibility of road signs
Deterioration in health of
(ii)
trees and bushes
Removal of vegetation
(iv) affecting sight line and road
structures
(f ) Rest areas
Toll
(g) plaza[s]
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Damage or deterioration in
Approach Roads, -
[pedestrian facilities, truck
(i) lay-bys, bus-bays, bus-
shelters, cattle crossings,
Traffic Aid Posts, Medical
Aid Posts and other works]
BRIDGES
(i) Cracks
(ii) Spalling/scaling
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(i) Deformation
Joints in
(e) bridges
Loosening and
(i)
malfunctioning of joints
Deforming of pads in
(i)
elastomeric bearings
Damage or deterioration in
(iii)
parapets and handrails
Damage or deterioration in
approach slabs, pitching,
(vi)
apron, toes, floor or guide
bunds
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Growth of vegetation
(vii) affecting the structure or
obstructing the waterway
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Independent Engineer
[NAME OF CONSULTING FIRM]
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Contents
1. Executive Summary ............................................................................. 100
1.1. Overall road condition .................................................................. 100
1.2. Key reporting metrics ................................................................... 100
1.3. Key maintenance activities undertaken .............................................. 100
1.4. Pending issues ............................................................................ 101
1.5. Recommended actions by Independent Engineer ................................... 101
1.6. Strip Plan for maintenance ............................................................. 102
2. Project Overview ................................................................................ 103
2.1. Key project details ...................................................................... 103
2.2. Location Map ............................................................................. 104
2.3. Key plan ................................................................................... 105
2.4. RoW availability .......................................................................... 105
2.5. Summary of project features .......................................................... 106
3. Critical Issues and Action taken ............................................................... 107
3.1. Issue and action log ..................................................................... 107
3.2. Summary of items (Cumulative Observations/ Deficiencies) ...................... 107
3.3. Obligations as per contract ............................................................. 110
3.4. Major maintenance and Inspection schedule ........................................ 110
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1. Executive Summary
1.1. Overall road condition
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Main report
2. Project Overview
2.1. Key project details
Project Name
NH no (New/Old)
Mode of the Project
No. of Lanes
Length of the Project
Total Project Cost
Concessionaire/ Contractor
Date of Award (LOA date)
Appointed Date
Commercial Operation Date (COD)
Concession Period
O&M Period
Independent Engineer
IE Agreement Date
IE Mobilization Date
IE Scheduled Completion Date
IE EOT (Extension Of Time)
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>20 m
e
16 m
20 m
18 m
16 16 16 16 16 16 16
RoW
14 m
12 m
Width of
10 m
8m 8.2 8.2 8.2 8.2 8.2
6m
LHS-
2m
e
8m
4m
6m 6.2 6.2 6.2 6.2 6.2 6.2
RoW
10 m 10 10
12 m
Width of
14 m
16 m
17.5 17.5 17.5 17.5 17.5 17.5 17.5 17.5
18 m
RHS-
20 m
25 25 25
>20 m
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2 Service Road 45
3 ROBs 5
5 RUBs 0
7 No of Bypass 7
8 Length of Bypass 43
9 No of Major Bridges 7
10 No of Minor Bridges 67
11 No of Culvert 640
12 No of VUP 16
15 No of Toll Plaza 3
17 No of Truck Laybye 30
19 No of Wayside Amenities 0
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suggested by
affected due
Ongoing/New
Chainage(s)
to the issue
Description
for
Concerned
Expected
Action(s)
Action(s)
Authority
resolving
affected
Length
Issue
Issue
Date
(km)
SNo
SC
1 Drying Ongoing Concessio 325+200 to 2.6 Irregular Replaceme NA
up of naire 327+800 watering nt of
plants on plants and
median daily
watering
Work Work
done done
upto during
previous reporting
SNo Description Unit Total month month Balance Remarks
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Work Work
done done
upto during
previous reporting
SNo Description Unit Total month month Balance Remarks
(c ) Cracking in more than Sqm 7179 - - 7179
5% of road surface
2 Hard/Earth Shoulders
4 Road furniture
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Work Work
done done
upto during
previous reporting
SNo Description Unit Total month month Balance Remarks
(e) Junction signs Nos 26 8 - 18
(c ) Bridges
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Other
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4. Inspection Report
1 Pavement 48 12 25 35
2 Shoulder 7 0 3 4
3 Drainage
4 Median
5 Road furniture
6 Bridges
7 Buildings
8 Horticulture
9 [Other assets]
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Total
Bleeding (cm)
Lane number
Bituminous E1
Cracks (cm)
(International
SubGrade E3
Resistance
Granular E2
Chainage
Raveling
Potholes
Roughness
Modulus
Modulus
Modulus
Chainage
Ending
Rutting
Texture
Elastic
Elastic
Elastic
Starting
depth
(cm)
(cm)
depth
Index)
Skid
(mm)
(mm)
(mm)
IRI
0.000 0.500 L1 2X10 20X35 2.5X1.2 4X12 25 1.4 4.23 7110 34 14
1.000 1.500 L1
Report of equipment based inspection needs be provided as an Annexure to monthly report as per the defined frequency.
Following documents/media to be submitted for equipment based inspection.
Video footage of all cameras installed on Network Survey Vehicle- ROW cameras and pavement
camera Network Survey Vehicle report capturing dimensions of following key metrics of pavement
o Cracks
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o Potholes
o Raveling
o Bleeding
o Rutting
o Texture depth
o Skid resistance
o Roughness (IRI)
Falling Weight Deflectometer (FWD) report capturing following key metrics of pavement strength
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
o Bituminous layer coefficient A1
o Base layer coefficient A2
o Granular base layer coefficient A3
o Modified structural number
Mobile Bridge Inspection Report (MBIU) capturing following key metrics of bridges
o Condition Approach
o Condition Signs
oCondition Debris
oCondition Joint
oCondition Deck
oCondition Rails
oCondition Protect
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o Condition Stream
o Condition Superstructure
o Condition Piers
o Condition Abutment
Retroreflectometer report capturing following key metrics of road furniture
o Coefficient of retroreflected luminance RA (nighttime retroreflection) of road traffic signs
ATCC report capturing ADT, AADT, hourly and weekly variations and recommendation on capacity augmentation
118
National Highways Authority of India RFP for IE during O&M Period
For Corresponding
TYPE OF VEHICLE month of previous year For Previous Month For Current Month
No of Fee No of Fee per No of
vehicles Collected vehicles Fee Collected vehicle vehicles Fee Collected
Over
G Total 1 630 27 17,280.00 640 36 23,040.00
Size
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National Highways Authority of India RFP for IE during O&M Period
Equipment as
Units Equipment per
Total Units damaged/ owner/ specifications
SNo Description units working missing provider (Y/N) Remarks
1 Hardware
(c ) Lane controller
(d) AVC
(h) Camera
(l) Weigh-in-motion
2 Softwares
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National Highways Authority of India RFP for IE during O&M Period
Equipment as
Units Equipment per
Total Units damaged/ owner/ specifications
SNo Description units working missing provider (Y/N) Remarks
(c) TMS
Lane 2
Lane 3
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National Highways Authority of India RFP for IE during O&M Period
Total 20,96,51,000
No of days in Sep = 30
Performance security is Rs 64,80,00,000
As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs
6,48,000 Total damages payable = 30 X 6,48,000 = Rs 1,94,40,000
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Total 1,65,83,836
daysasperC
TotalQuantity
Damagesfr
ofinspectio
orepa
daysdamag
athighersid
Damagesam
Cost
iras
Damages
Damages
Nature
asperCA
No of
No of
Date
Unit
ount
Rate
om
defect
es
e
A
n
S No
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National Highways Authority of India RFP for IE during O&M Period
No of days in Sep = 30
Performance security is Rs 64,80,00,000
As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs 6,48,000
Total damages payable = 30 X 6,48,000 = Rs 1,94,40,000
124
National Highways Authority of India RFP for IE during O&M Period
Expected/
Date of first Actual date of
SNo Proposal Details submission to IE Current status COS Amount approval
1 Constructionof[Flyover [DD/MM/YYYY] Approvedin principle by [+/- Amount] [DD/MM/YYYY]
Name] at [Chainage] Authority. Detailed quantitSCs in
proper order yet to be submitted
2 Nallah diversion through box [DD/MM/YYYY] Clarifications to be submitted by [+/- Amount] [DD/MM/YYYY]
culvert at [Chainage] Concessionaire, expected date
[DD/MM/YYYY]
Dispute
Date of first Amount (if
SNo Dispute Details submission to IE Suggested resolution by IE applicable) Current stage
1 Increased tollable length [DD/MM/YYYY] No merit in increasing tollable length NA SAROD
to be applicable in toll fee hence no action required by NHAI
calculations
2 Filling stations [DD/MM/YYYY] NHAI to consider the [+/- Amount] B/w Concessionaire
energized without Concessionaire's and NHAI
request for
obtaining NOC from intervention and
ministry assistance
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National Highways Authority of India RFP for IE during O&M Period
For Corresponding
month of previous
TYPE OF VEHICLE year For Previous Month For Current Month
No of Fee No of Fee Fee per No of Fee
vehicles Collected vehicles Collected vehicle vehicles Collected
Single 3845 384500 4659 465,900.00 100 4289 428,900.00
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For Corresponding
month of previous
TYPE OF VEHICLE year For Previous Month For Current Month
Local 0 0 - 320 -
Total for the Month 49844 18,050,618 52963 19,898,834 49016 18,265,661
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A B C D E F G H I J K
No of affected
of
of
o
f
persons
Nature of accident
Weather condition
Intersection type
Accident location
Help provided by
Load conditions
Time of accident
Type of vehicle
Road condition
Type of victim
Classification
Age of victim
Chainage no
Sex (M/F)
accident
vehicle
control
Causes
Major
Minor
Fatal
Date
S No
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National Highways Authority of India RFP for IE during O&M Period
A 1. Urban 2. Rural
B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision 6. Left turn Collision 7. Veered
Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away
D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem 6. Drowsiness/Not
Applicable 7. Fault of Driver
G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6. Round about Junction
H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold 9. Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor 8. Bicycle 9. Cycle Rickshaw
10. Hand Drawn Cart 11. Animal Drawn Cart
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National Highways Authority of India RFP for IE during O&M Period
Contact
Toll Complaint Name of the details of Compliance by the
SNo plaza No Date person person Details of complaint concessionaire
1 81 8/9/2016 Mr. Shailendra Mr. Shailendra Complaints Pot holes are repaired
Gurjar, LIG-44,RSS regarding Pot holes on the
mohalla, Shivaji Highway may cause
Nagar, Bhopal (M.P.) accidents.
2 82 10/9/2016 Dr. Anil Diwakar, HIG Dr. Diwakar complaints Animals are continuously
Swarganga Complex that presence of Animals driven out from the Road
Bus Stand Seoni and also Pot holes on road by the Highway Patrolling
(M.P.) are obstructing the driving team and Pot holes are
which may cause repaired.
accidents.
3 83 11/9/2016 Maj. Sidharth, 238 Fd Maj. Sidharth while The Exemption under
wksp C/o- 56 APO travelling in personal car Indian Toll (Army and Air
wants Exemption from force) Act 1901, to army
Toll Fee on production of personnel travelling in
I.D. Card private vehicle may be
given if on Govt. duty with
requisite pass as specified
in the Indian Toll (Army
and Air Force Rules, 1942)
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National Highways Authority of India RFP for IE during O&M Period
Encroachment width
Establishment (New/
Name of Encroacher
Chainage
Side (LHS/RHS)
Temple, etc)
(Temporary/
Permanent)
and length
edge (m)
existing)
District/
Stretch
Village
Tehsil
(km)
SNo
1 212+500 LHS Kurnool Kurnool Temporary Tea stall New 7 5mX3.5m Vijay Kumar Reddy
2 213+200 RHS Kurnool Dinnedevara Padu Permanent Godown Existing 5 10.5m X 4m Buddana
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National Highways Authority of India RFP for IE during O&M Period
10. Annexures
Annexure 1: Detailed visual inspection report of project highway
Assets to be covered- Pavement, Shoulder, Drainage, Median, Bridges, Road furniture, Buildings, Horticulture, Service Road
ROADS
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(vi) Bleeding/skidding
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(c) Road side furniture including road signs and pavement marking
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(f ) Rest areas
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BRIDGES
(i) Cracks
(ii) Spalling/scaling
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(i) Deformation
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Annexure 2 onwards:
IE should include comments, status update, data points and reports in following annexures which have not been included
elsewhere in the main report. Such reports may include but not limited to:
Minutes of review meeting
Correspondence details
Weather report
Organizational chart of Concessionaire and IE
Project photographs
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National Highways Authority of India RFP for IE during O&M Period
Annexure IV- Month of survey for equipment based road condition assessment
Equipment based road inspection shall be done by the Consultant twice a year as per the
month of the year defined in the following table.
However, since the first survey shall be conducted within 30 days of appointment of
the Independent Engineer, 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 appointed date is on 1 st
March, then the first equipment based survey shall be conducted in the month of
March within 30 days of appointment and 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
in the month of March within 30 days of appointment. The 2nd test/survey shall be
conducted in March of next year and so on.
Survey before
Region State Survey after rains
rains
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National Highways Authority of India RFP for IE during O&M Period
Survey before
Region State Survey after rains
rains
Andaman And
South Apr Nov
Nicobar Islands
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National Highways Authority of India RFP for IE during O&M Period
Survey before
Region State Survey after rains
rains
Annexure V- OUTPUT FORMAT FROM NETWORK SURVEY VEHICLE AND FWD TESTING
141
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[PROJECT NAME]
Independent Engineer
[NAME OF CONSULTING FIRM]
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Table of contents
Contents Page Nos.
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23-12-
NH0xxx Road Start 1.230 Increasing 9.98897 78.02671 63.07767 15 NH0yyy ABC-DEF
23-12-
NH0xxx Km Stone 8 8.000 Increasing 9.98444 78.02934 68.60126 15 NH0yyy ABC-DEF
23-12-
NH0xxx Km Stone 8 8.030 Increasing 9.98341 78.03004 68.15520 15 NH0yyy ABC-DEF
23-12-
NH0xxx Km Stone 9.008 Increasing 9.98107 78.03078 65.17153 15 NH0yyy ABC-DEF
23-12-
NH0xxx Km Stone 12.012 Increasing 9.96328 78.04160 56.03436 15 NH0yyy ABC-DEF
NH0xxx Km Stone 17 17.085 Increasing 9.95385 78.05255 56.24748 23-12-15 NH0yyy ABC-DEF
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Pavement
Section Start End Pavement Survey
NH Number Direction Width Latitude Longitude
Code Chainage Chainage Width Date
Value
06-05-
NH00xx ABC-DEF 0.000 0.794 Both 7 – 10.5 m 7.00 17 9.98897 78.02671
06-05-
NH00xx ABC-DEF 0.794 1.000 Both 7 – 10.5 m 7.00 17 9.98444 78.02934
06-05-
NH00xx ABC-DEF 1.000 2.810 Both 7 – 10.5 m 7.00 17 9.98341 78.03004
06-05-
NH00xx ABC-DEF 2.810 4.335 Both 7 – 10.5 m 7.00 17 9.98107 78.03078
06-05-
NH00xx ABC-DEF 4.335 6.666 Both 7 – 10.5 m 7.00 17 9.96328 78.04160
NH00xx ABC-DEF 6.666 12.906 Both 7 – 10.5 m 7.00 06-05-17 9.95385 78.05255
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National Highways Authority of India RFP for IE during O&M Period
NH Number Section Code Start Chainage End Chainage Direction ShoulderType Survey Date Latitude Longitude
The following table lists the fields for the ‘Shoulder Width’ attribute, which need to be
populated. The descriptions of the fields are given below.
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National Highways Authority of India RFP for IE during O&M Period
Shoulder
Section Start End Shoulder Survey
NH Number Direction Width Latitude Longitude
Code Chainage Chainage Width Date
Value
No
NH0xxx ABC-DEF 0.000 0.785 Increasing 0.0 03-01-16 9.98897 78.02671
Shoulder
No
NH0xxx ABC-DEF 0.785 2.612 Increasing 0.0 03-01-16 9.98444 78.02934
Shoulder
03-01-
NH0xxx ABC-DEF 2.612 3.170 Increasing 1-2m 2.0 16 9.98341 78.03004
03-01-
NH0xxx ABC-DEF 3.170 5.194 Increasing 1-2m 2.0 16 9.98107 78.03078
03-01-
NH0xxx ABC-DEF 5.194 6.793 Increasing 1-2m 2.0 16 9.96328 78.04160
NH0xxx ABC-DEF 6.793 11.404 Increasing 1-2m 2.0 03-01-16 9.95385 78.05255
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National Highways Authority of India RFP for IE during O&M Period
1.8 Topography
The following table lists the fields which need to be populated for the ‘Topography’
attribute. The descriptions of the fields are given below.
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Open Unlined
NH0xxx ABC-DEF 0.000 0.069 Increasing 09-01-16 9.98897 78.02671
Drain
Open Lined
NH0xxx ABC-DEF 0.069 0.782 Increasing 09-01-16 9.98444 78.02934
Drain
NH0xxx ABC-DEF 0.288 0.000 Decreasing Open Unlined 09-01-16 9.98341 78.03004
Drain
Open Unlined
NH0xxx ABC-DEF 0.782 0.846 Increasing 09-01-16 9.98107 78.03078
Drain
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National Highways Authority of India RFP for IE during O&M Period
Open Unlined
NH0xxx ABC-DEF 0.846 1.254 Increasing 09-01-16 9.96328 78.04160
Drain
Open Unlined
NH0xxx ABC-DEF 1.254 2.265 Increasing 05-01-16 9.95385 78.05255
Drain
NH0xxx ABC-DEF 1.929 0.288 Decreasing Open Unlined 09-01-16 9.93102 78.05648
Drain
Open Unlined
NH0xxx ABC-DEF 2.265 3.005 Increasing 05-01-16 9.89041 78.03458
Drain
NH0xxx ABC-DEF 2.680 1.952 Decreasing Open Unlined 09-01-16 9.88489 78.02995
Drain
Open Unlined
NH0xxx ABC-DEF 3.005 4.424 Increasing 05-01-16 9.87474 78.02828
Drain
NH0xxx ABC-DEF 3.109 2.680 Decreasing Open Unlined 09-01-16 9.87363 78.02744
Drain
NH0xxx ABC-DEF 3.320 3.109 Decreasing Covered Line 09-01-16 9.84857 78.01535
Drain
NH0xxx ABC-DEF 3.917 3.320 Decreasing Open Unlined 09-01-16 9.83764 78.00392
Drain
Open Unlined
NH0xxx ABC-DEF 4.424 4.601 Increasing 05-01-16 9.83711 77.98576
Drain
Open Unlined
NH0xxx ABC-DEF 4.601 5.693 Increasing 05-01-16 9.83386 77.97729
Drain
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National Highways Authority of India RFP for IE during O&M Period
NH00xx ABC-DEF 0.000 0.794 Both Raised 0.5 05-01-16 9.98897 78.02671
NH00xx ABC-DEF 0.794 1.000 Both Raised 0.5 05-01-16 9.98444 78.02934
NH00xx ABC-DEF 1.000 2.810 Both No Median 0.0 05-01-16 9.98341 78.03004
NH00xx ABC-DEF 2.810 4.335 Both Raised 1.5 05-01-16 9.98107 78.03078
NH00xx ABC-DEF 4.335 6.666 Both No Median 0.0 05-01-16 9.96328 78.04160
NH00xx ABC-DEF 6.666 12.906 Both No Median 0.0 05-01-16 9.95385 78.05255
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Remarks
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National Highways Authority of India RFP for IE during O&M Period
Bituminous DBM
Type of bituminous base course
BaseCourseType
Bituminous 100
BaseCourseThick— Thickness of BBC layer in mm
ness
250
GranularBaseThick- Thickness of GB layer in mm
ness
GBConstruction Year of construction of GB layer in flexible 2015
Year pavements
PavementQuality PQC
Type of pavement quality concrete
ConcreteType
PavementQuality 300
Thickness of PQC layer in mm
ConcreteThickness
DryLeanConcrete 100
Thickness of DLC layer in mm
ThicknessMM
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National Highways Authority of India RFP for IE during O&M Period
GranularSubBase GSB
Type of granular sub base
Type
GranularSubBase 200
Thickness of GSB layer in mm
Thickness
GSBConstruction 2014
Year of construction of GSB layer
Year
NH00xx ABC- 0.0 5.0 Both Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
DEF side
ABC- Both
NH00xx DEF 5.0 11.0 side Asphalt BC 40.0 2015 DBM 80 2015 WMM 250
ABC- Both
NH00xx DEF 11.0 20.0 side Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250
ABC- Both
NH00xx DEF 20.0 22.0 side Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
NH00xx ABC- 22.0 30.0 Both Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250
DEF side
ABC- Both
NH00xx DEF 30.0 31.0 side Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
(table continued…)
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Street
NH00xx ABC-DEF 0.012 Increasing 03-01-16 9.98897 78.02671
Light Start
Street
NH00xx ABC-DEF 0.287 Increasing 03-01-16 9.98444 78.02934
Light End
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Data Source
Remarks
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Barren
NH00xx ABC-DEF 2.081 1.641 Decreasing 03-01-16 9.93102 78.05648
Land
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(table continued…)
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Drain Date of
Disintegration Depression Bleeding Patching Condition ShoulderCondition Survey Latitude Longitude
2.2 Roughness
The following table lists the fields which need to be populated for the ‘Roughness’
attribute. The descriptions of the fields are given below.
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NH00xx ABC-DEF 0.0 0.1 Increasing L1 3.31 5.16 4.24 20 06-05-17 9.98897 78.02671
NH00xx ABC-DEF 0.1 0.2 Increasing L1 2.81 3.54 3.18 37 06-05-17 9.98444 78.02934
NH00xx ABC-DEF 0.2 0.3 Increasing L1 2.31 1.92 2.12 42 06-05-17 9.98341 78.03004
NH00xx ABC-DEF 0.3 0.4 Increasing L1 2.17 2.37 2.27 46 06-05-17 9.98107 78.03078
NH00xx ABC-DEF 0.4 0.5 Increasing L1 2.11 1.72 1.92 42 06-05-17 9.96328 78.04160
NH00xx ABC-DEF 0.5 0.6 Increasing L1 2.33 1.97 2.15 49 06-05-17 9.95385 78.05255
NH00xx ABC-DEF 0.6 0.7 Increasing L1 2.37 2.00 2.19 42 06-05-17 9.93102 78.05648
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NH00xx ABC-DEF 0.7 0.8 Increasing L1 2.15 2.17 2.16 33 06-05-17 9.91229 78.04961
NH00xx ABC-DEF 0.8 0.9 Increasing L1 2.45 2.05 2.25 32 06-05-17 9.89041 78.03458
NH00xx ABC-DEF 0.9 1.0 Increasing L1 2.18 2.51 2.35 48 06-05-17 9.88489 78.02995
2.3 Rutting
The following table lists the fields which need to be populated for the ‘Rutting’
attribute. The descriptions of the fields are given below.
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NH00xx ABC-DEF 0.0 0.5 Increasing L1 0.40 0.30 0.35 20 06-05-17 9.98897 78.02671
NH00xx ABC-DEF 0.5 1.0 Increasing L1 0.60 0.50 0.55 37 06-05-17 9.98444 78.02934
NH00xx ABC-DEF 1.0 1.5 Increasing L1 0.80 0.90 0.85 42 06-05-17 9.98341 78.03004
NH00xx ABC-DEF 1.5 2.0 Increasing L1 0.40 0.40 0.4 46 06-05-17 9.98107 78.03078
NH00xx ABC-DEF 2.0 2.5 Increasing L1 0.30 0.30 0.3 42 06-05-17 9.96328 78.04160
NH00xx ABC-DEF 2.5 3.0 Increasing L1 0.70 0.60 0.65 49 06-05-17 9.95385 78.05255
NH00xx ABC-DEF 3.0 3.5 Increasing L1 0.40 0.50 0.45 42 06-05-17 9.93102 78.05648
NH00xx ABC-DEF 3.5 4.5 Increasing L1 0.90 0.80 0.85 33 06-05-17 9.91229 78.04961
NH00xx ABC-DEF 4.5 5.0 Increasing L1 0.40 0.30 0.35 32 06-05-17 9.89041 78.03458
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NH00xx ABC-DEF 0.0 0.5 Increasing L1 25.0 24.0 24.5 20 06-05-17 9.98897 78.02671
NH00xx ABC-DEF 0.5 1.0 Increasing L1 23.0 23.0 23.0 37 06-05-17 9.98444 78.02934
NH00xx ABC-DEF 1.0 1.5 Increasing L1 23.0 24.0 23.5 42 06-05-17 9.98341 78.03004
NH00xx ABC-DEF 1.5 2.0 Increasing L1 22.0 22.0 22.0 46 06-05-17 9.98107 78.03078
NH00xx ABC-DEF 2.0 2.5 Increasing L1 20.0 21.0 20.5 42 06-05-17 9.96328 78.04160
NH00xx ABC-DEF 2.5 3.0 Increasing L1 24.0 24.0 24.0 49 06-05-17 9.95385 78.05255
NH00xx ABC-DEF 3.0 3.5 Increasing L1 28.0 28.0 28.0 42 06-05-17 9.93102 78.05648
NH00xx ABC-DEF 3.5 4.5 Increasing L1 21.0 21.0 21.0 33 06-05-17 9.91229 78.04961
NH00xx ABC-DEF 4.5 5.0 Increasing L1 25.0 24.0 24.5 32 06-05-17 9.89041 78.03458
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NH00xx ABC- 0.500 RHS R2 32.6 43.7 45.7 333 188 300 243
DEF
NH00xx ABC- 1.000 LHS L1 29.9 32.6 45.4 317 163 300 217
DEF
NH00xx ABC- 1.499 RHS R1 33.0 39.3 45.7 246 110 300 153
DEF
NH00xx ABC- 2.000 LHS L2 28.7 32.4 46.0 293 130 300 187
DEF
NH00xx ABC- 2.500 RHS R2 33.7 45.8 45.3 429 232 300 316
DEF
NH00xx ABC- 3.000 LHS L1 29.0 33.0 45.7 343 204 300 252
DEF
NH00xx ABC- 3.500 RHS R1 33.5 45.4 44.5 373 194 300 268
DEF
NH00xx ABC- 4.010 LHS L2 28.9 33.5 45.0 348 201 300 254
DEF
NH00xx ABC- 4.500 RHS R2 33.3 40.3 46.0 393 241 300 301
DEF
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(table continued…)
(table continued…)
Corrected Corrected
Elastic Elastic Elastic Corrected
Location Elastic Elastic Bituminous Base GSB Subgrade
Modulus Modulus Modulus ElasticModulus
8 Modulus Modulus Layer Layer Layer CBR
BituminousE1 GranularE2 SubGradeE3 SubGradeE3
BituminousE1 GranularE2
2400 6213 185 100 6447 135 78 105 230 200 0.08
2400 5356 195 100 5295 143 78 105 230 200 0.08
2400 4830 226 100 4770 169 78 105 230 200 0.08
2400 4394 165 100 4590 117 78 105 230 200 0.08
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(table continued…)
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ABC-
NH00xx 0.0 LHS L2 29.0 34.9 104.1 167 143 130 119 300
DEF
ABC-
NH00xx 0.5 RHS R2 30.5 38.1 104.4 141 130 122 115 300
DEF
ABC-
NH00xx 1.0 LHS L1 30.0 35.6 105.2 147 111 100 91 300
DEF
ABC-
NH00xx 1.5 RHS R1 28.9 38.3 102.4 140 126 116 107 300
DEF
ABC-
NH00xx 2.0 LHS L2 30.1 39.4 103.7 140 121 108 101 300
DEF
ABC-
NH00xx 2.5 RHS R2 29.0 37.5 104.6 150 134 126 117 300
DEF
ABC-
NH00xx 3.0 LHS L1 30.6 38.9 102.7 124 109 104 92 300
DEF
ABC-
NH00xx 3.5 RHS R1 29.3 39.1 105.9 149 136 128 119 300
DEF
ABC-
NH00xx 4.5 RHS R2 30.3 41.0 104.9 138 127 121 114 300
DEF
(Table continued…)
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Note: This draft Agreement is a generic document and shall be modified based on particulars
of the DBFOT Project.
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National Highways Authority of India RFP for appointment of IE during O&M Period
Between
______________________________________________________
(Name of Client)
And
______________________________________________________
(Name of Consultant)
Dated:
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National Highways Authority of India RFP for IE during O&M Period
CONTENTS
Page No.
I FORM OF CONTRACT
II GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing 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
2.8 Suspension
2.9 Termination
3. Obligation of the Consultants
3.1 General
3.2 Conflict of Interests
3.3 Confidentiality
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8. Settlement of Disputes
8.1 Amicable Settlement
8.2 Dispute Settlement
III SPECIAL CONDITIONS OF CONTRACT
IV APPENDICES
Appendix A: Description of the Services
Appendix B: Reporting Requirements Appendix
C: Key Personnel and Sub-consultants Appendix
D: Medical Certificate
Appendix E: Hours of Work for Key Personnel
Appendix F: Duties of the Client
Appendix G: Cost Estimates in Foreign Currency
Appendix H: Cost Estimates in Local Currency
Appendix I: FORM OF PERFORMANCE SECURITY
Appendix J: Form of Bank Guarantee for Advance Payments
Appendix K: Letter of invitation
Appendix L: Letter of Award
Appendix M: Minutes of pre-bid meeting
Appendix N: Memorandum of Understanding between
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I FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the ____ day of the
______________________________________________________________________________
Month of ____, 20 ____, between, on the one hand ________________________ (hereinafter
Called the “Client”) and, on the other hand, ________________________ (hereinafter called
the “Consultants”).
[Note*: If the Consultants consist of more than one entity, the above should be partially
amended to read as follows:
“…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly severally liable to the Client for all the
Consultants’ obligations under this Contract, namely, ________________________ and
________________________ (hereinafter called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services
as defined in the General Conditions of Contract attached to this Contract
(hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the required
processional skills, and personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(b) The General Conditions of Contract (hereinafter called “GC”)’
(c) The Special Conditions of Contract (hereinafter called “SC”);
(d) 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].
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2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the provisions
of the Contract; and
(b) The Client shall make payments to the Consultants in accordance with the
Provisions of the Contract.
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IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
By
(Authorized Representative)
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should appear
as signatures, e.g. in the following manner]
By
(Authorized Representative)
By
(Authorized Representative)
etc.
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(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.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Consultants shall be entitled to be reimbursed for
additional costs reasonably and necessarily incurred by them during such period
for the purposes of the Services and in reactivating the Services after the end
of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event
of Force Majeure, have become unable to perform a material portion of the
Services, the Parties shall consult with each other with a view to agreeing on
appropriate measures to be taken in the circumstances.
2.8 Suspension
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of their
obligations under this Contract, including the carrying out of the Services, provided
that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultants to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
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occurrence of any of the events specified in paragraphs (a) through (h) of this Clause
GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their
obligations hereunder, as specified in a notice of suspension pursuant to Clause
GC 2.8 hereinabove, within thirty (30) days of receipt of such notice of
suspension or within such further period as the Client may have subsequently
approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members becomes) insolvent or bankrupt or enter into
any agreements with their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or receivership whether
compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect
on the rights, obligations or interests of the Client and which the Consultants
know to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract. For the
purpose of this clause:
"corrupt practice" means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the selection process or in
contract execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a
selection process or the execution of a contract to the detriment of the Borrower,
and includes collusive practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-competitive levels and to
deprive the Borrower of the benefits of free and open competition.
(h) if Concessionaire represents to NHAI that the Consultant is not discharging his
duties in a fair, efficient and diligent manner and if the dispute remains
unresolved, NHAI may terminate this contract.
2.9.2 By the Consultants
The Consultants may, by not less than thirty (30) days' written notice to the Client,
such notice to be given after the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause GC 2.9.2, terminate this Contract:
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(a) if the Client fails to pay any money due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 8 hereof within forty-
five (45) days after receiving written notice from the Consultants that such
payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract
and has not remedied the same within forty-five (45) days (or such longer
period as the Consultants may have subsequently approved in writing) following
the receipt by the Client of the Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GC 8 hereof.
2.9.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or
upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and
obligations of the Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of termination or
expiration;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii) the Consultants' obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) any right which a Party may have under the Applicable Law
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon dispatch
or receipt of such notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents prepared by
the Consultants and equipment and materials furnished by the Client, the Consultants
shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the
Client shall make the following payments to the Consultants (after offsetting against
these payments any amount that may be due from the Consultant to the Client}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily
performed prior to the effective date of termination;
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The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to
take out and maintain, at their ( or the Sub-consultants', as the case may be) own cost
but on terms and conditions approved by the Client, insurance against the risks, and
for the coverages, as shall be specified in the SC, and (ii) at the Client's request, shall
provide evidence to the Client showing that such insurance has been taken out and
maintained and that the current premiums therefore have been paid.
3.6 Accounting, Inspection and Auditing
The Consultants (i) shall keep accurate and systematic accounts and records in respect
of the Services, hereunder, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time charges
and cost, and the bases thereof (including such bases as may be specifically referred
to in the SC); (ii) shall permit the Client or its designated representative periodically,
and up to one year from the expiration or termination of this Contract, to inspect the
same and make copies thereof as well as to have them audited by auditors appointed
by the Client; and (iii) shall permit the client to inspect the Consultant's accounts and
records relating to the performance of the Consultant and to have them audited by
auditors appointed by the client.
3.7 Consultants' Actions Requiring Client's Prior Approval
The Consultants shall obtain the Client's prior approval in writing before taking any of
the following actions:
(a) appointing such members of the Personnel as are listed in Appendix C
("Consultants' Sub-consultants' Key Personnel") merely by title but not by name;
(b) entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of the Sub-consultant and the terms and
conditions of the subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the Consultants shall
remain fully liable for the performance of the Services by the Sub- consultant
and its Personnel pursuant to this Contract; and
(c) any other action that may be specified in the SC
3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in
Appendix B hereto, in the form, in the numbers and within the time periods set forth
in the said Appendix.
3.9 Documents Prepared by the Consultants to Be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultants for the Client under this Contract shall become and remain
the property of the Client, and the Consultants shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client, together with a
detailed inventory thereof. The Consultants may retain a copy of such documents and
software. Restrictions about the future use of these documents and software, if any,
shall be specified in the SC.
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Consultants shall submit to the client for review and approval a copy of their
biographical data and (in the case of Key personnel to be used within the country of
the Government) a copy of a satisfactory medical certificate in the form attached
hereto as Appendix D. If the Client does not object in writing (stating the reasons for
the objection) within thirty (30) calendar days from the date of receipt of such
biographical data and (if applicable) such certificate, such Key Personnel shall be
deemed to have been approved by the Client.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix E hereto.
To account for travel time, foreign Personnel carrying out Services inside the
Government's country shall be deemed to have commenced (or finished) work in
respect of the Services such number of days before their arrival in (or after their
departure from) the Government's country as is specified in Appendix E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services on this
Contract shall not be entitled to be paid for overtime nor to take paid sick
leave or vacation leave except as specified in Appendix E hereto, and except
as specified In such Appendix, the Consultants' remuneration shall be deemed
to cover these items. All leave to be allowed to the Personnel is included in the
staff-months of service set for in Appendix C. Any taking of leave by Personnel
shall be subject to the prior approval by the Client and the Consultants shall
ensure that absence for leave purposes will not delay the progress and
adequate supervision of the Services.
4.5 Removal and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultants,
it becomes necessary to replace any of the Personnel, the Consultants shall
forthwith provide as a replacement a person of equivalent or better
qualifications.
(b) If the Client (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action, or
(ii) has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultants shall, at the Client's written request specifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above,
the rate of remuneration applicable to such person as well as any reimbursable
expenditures (including expenditures due to the number of eligible dependents)
the Consultants may wish to claim as a result of such replacement, shall be subject
to the prior written approval by the Client. Except as the Client may otherwise
agree, (i) the Consultants shall bear all additional travel and other costs arising out
of or incidental to any removal and/or replacement, and (ii) the
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(b) 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;
(c) facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their - eligible
dependents;
(d) issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services;
(e) 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;
(f) 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
(g) Provide to the Consultants, Sub-consultants and or Associates and Personnel
any such other assistance as may be specified in the SC.
5.2 Access to Land
The Client warrants that the Consultants shall have, free of charge, unimpeded access
to all land in the Government's country in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to such
land or any property thereon resulting from such access and will indemnify the
Consultants and each of the Personnel in respect of liability for any such damage,
unless such damage is caused by the default or negligence of the Consultants or any
Sub-consultant or the Personnel of either of them.
5.3 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost or reimbursable
expenses incurred by the Consultants in performing the Services, then the
remuneration and reimbursable expenses otherwise payable to the Consultants under
this Contract shall be increased or decreased accordingly by agreement between the
Parties hereto, and corresponding adjustments shall be made to the ceiling amounts
specified in Clause GC 6.1(b).
5.4 Services, Facilities and Property of the Client
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The Client shall make available to the Consultants and the Personnel, for the purposes of
the services and free of any charge, the services, facilities and property described in
Appendix F at the times and in the manner specified in said Appendix F, provided that if
such services, facilities and property shall not be made available to the Consultants as and
when so specified, the Parties shall agree on (i) any time extension that it may be
appropriate to grant to the Consultants for the performance of the Services, (ii) the
manner in which the Consultants shall procure any such services, facilities and property
from other sources, and (iii) the additional payments, if any, to be made to the
Consultants as a result thereof pursuant to Clause GC 6.l(c) hereinafter.
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided
by Clause GC 6 of this Contract.
5.6 Counterpart Personnel
(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge, such
counterpart personnel to be selected by the Client, with the Consultants'
advice, as shall be specified in such Appendix F. Counterpart personnel shall
work under the exclusive direction of the Consultants. If any member of the
counterpart personnel fails to perform adequately any work assigned to him by
the Consultants which is consistent with the position occupied by such -
member, the Consultants may request the replacement of such member, and
the Client shall not unreasonably refuse to act upon such request.
(b) If counterpart personnel are not provided by the Client to the Consultants as
and when specified in Appendix F, the Client and the Consultants shall agree on
(i) how the affected part of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Client to the Consultants as a
result thereof pursuant to Clause GC 6.1(c) hereof.
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable in local currency is set forth in
Appendix H.
(b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause
GC 6.1(c), payments under this Contract shall not exceed the ceilings in foreign
currency and in local currency specified in the SC. The Consultants shall notify
the Client as soon as cumulative charges incurred for the Services have reached
80% of either of these ceilings.
(c) Notwithstanding Clause GC 6.l(b) hereof, if pursuant to clauses GC 5.3,5.4 or 5.6
hereof, the Parties shall agree that additional payments in local and/or foreign
currency, as the case may be, shall be made to the Consultants in order to cover
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Note: Annual contract value shall be calculated as = Total contract value divided by
number of years of original contract period
For avoidance of doubt, during 60 months tenure of Consultant, Monthly Reports without
equipment based inspection report shall be submitted for 50 months. Submission of these 50
reports will provide 75% of contract value. Actual payment will be in accordance with
Payments section in General Conditions of Contract and Special Conditions of Contract.
Monthly Status Reports with equipment based inspection report shall be submitted for 10
months. Submissions of these 10 reports will provide 25% of contract value.
(c) It is 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 the 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. No. Personnel % reduction in monthly payment
1 Team Leader cum Highway Engineer 25%
2 Highway Maintenance cum Resident 30%
Engineer
3 Other Key Personnel 25%
4 Sub-professional staff 20%
For avoidance of doubt, in case the Team Leader cum Highway Engineer has
not been made available for 90% of the stipulated time in the month, then only
75% of the monthly payment shall be released. In the case “Other Key
Personnel (Sr. No.4)”, the average availability across the group shall be
considered for calculation.
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(d) It is mandatory to use all the equipment mentioned in Section 6.4 of TOR for
road inspection surveys. Non-use of equipment in the survey month as specified
in Annexure- IV (Month of survey for equipment based road condition
assessment) can be considered only in unavoidable circumstances. However,
non-use of equipment shall lead to deduction in monthly payment as per the
following table.
S No Equipment to be used Payment to be released
(as % of monthly
payment linked to
equipment based
report)
1 Network Survey Vehicle and laser 50%
profilometer (NSV)
2 Falling Weight Reflectometer (FWD) 15%
3 Mobile Bridge Inspection Unit (MBIU) 15%
4 Retro-reflectometer 5%
5 ATCC 15%
Total 100%
For avoidance of doubt, in case no equipment is used in the survey month, then no monthly
payment shall be released. In case, only Network Survey Vehicle is used then 50% of
monthly payment (which is 50% of 12.5% of annual contract value) shall be released.
Payment linked to equipment based report shall be released only on completion of
equipment based road inspection and submission of equipment based report.
(e) The consultant can use the equipment during next 3 months of survey month.
However, 10% penalty per month shall be imposed for delay in use of
equipment. Thus, payment linked to the specific equipment shall be released
after deducting 10% penalty per month. In case 1 or more equipment is not
used during next 3 months of survey month, then this shall be treated as
Breach of Contract and performance security shall be liable to be forfeited.
(f) 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.
(g) Payment during Extension of services- In case of extension of contract,
payment shall be governed by the similar criteria as applicable for contract
duration i.e. 7.5% for monthly reports which do not include equipment based
inspection and 12.5% for monthly reports which include equipment based
inspection.
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9 Fake CV
a) If any information is found incorrect/ fake inflated in the CV. At any stage, debarment
of the key personnel form future MORT&H/ NHAI or its Executing Agencies Projects up
to 2 years may be taken by MORT&H/ NHAI or its Executing Agencies.
b) In case, the information contain in the CV for the duration in which the key personnel
was employed by the firm, proposing his candidature is found incorrect/ fake/ inflated
at any stage, action including termination of the consultancy agreement and
department of the firm upto 2 years from future MORT&H/NHAI or its Executing
Agencies Project shall be taken by MORT&H/NHAI or its Executing Agencies.
c) In case, the information contained in the CV for the duration in which the key
personnel was employed by the firm proposing his candidature is found incorrect/
fake/ inflated at any stage the consultancy firm shall have to refund the salary and
perks drawn in respect of the person apart from other Consequence.
d) In case, the information contained in the CV for the duration in which the key
personnel was not employed by the firm proposing his candidature is found incorrect/
fake/ inflated at any stage the consultancy firms will have to refund the twice of
salary and perks drawn in respect of the person.
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Attention:
Cable address:
Telex:-
Fax:-
Consultants: Attention:
Cable
address:
Telex
Facsimile
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(Note: If the Consultants consist of a joint venture of more than one entity, the name of the
entity whose address is specified in SC 1.6.1 should be inserted here. If the Consultants
consist of one entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorized Representative are:
1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees,
levies and other impositions levied under the existing, amended or enacted laws
during life of this contract and the client shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.
2.1 The effectiveness conditions are the following:
(i) Approval of the Contract by the client
2.2 The time period shall be 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 60 months
3.4 Limitation of the Consultants' Liability towards the Client
(e) Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to
damage caused by the Consultants to the Client's property, shall not be liable
to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) 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.
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(iv) The policy must clearly indicate the limit of indemnity in terms of “Any
One Accident” (AOA) and “Aggregate limit on the policy period” (AOP)
and in no case should be for an amount less than stated in the contract.
(v) If the Consultant enters into an agreement with NHAI in a joint venture
or ‘in association’, the policy must be procured and provided to NHAI 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 NHAI. The insurance
company may provide an undertaking in this regard.
(f) 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.
(g) 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
(h) 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.
(i) Third Party liability insurance with a minimum coverage, of Rs.1.0 million for the
period of consultancy.
(j) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a
minimum coverage equal to estimated remuneration and reimbursable.
(k) 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
(l) 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.
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3.9 The Consultants shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix C shall
serve in that capacity, as specified in Clause GC 4.6."
6.1(b) The amount payable in foreign currency or currencies is:__________________
The ceiling in local currency is: __________________
6.2(a) "Payments made in accordance with Clause GC 6:2(a) in local currency shall be
adjusted as follows:
(i) Annual contract value shall be adjusted every twelve (12) months (and, the
first time, applicable for the Annual contract value to be computed in the 13th
calendar month after the date of the contract) by 5% per annum. Thus, Annual
contract value in second year shall be 105% of Annual contract value in first
year, so on and so forth.
Notwithstanding any other provisions in the agreement in this regard, this provision
will prevail and over ride any other provision to the contrary in this agreement.
6.4(a) The following provisions shall apply to the interest bearing advance payment and
the advance payment guarantee:
1) An advance payment. of 10% of the contract price in proportion to the
quoted Indian currency (INR) & foreign currency (US dollar) in the bid
shall be made within 60 days after receipt and verification of advance
payment bank guarantee. The advance payment 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.
1) The bank guarantee shall be in the amount and in the currency of the
foreign and local currency portion of the advance payment.
2) Interest rate shall be 10% per annum (on outstanding amount) for local
Currency including converted foreign component into local currency.
6.4(c) The interest rate is 6% per annum for local currency.
6.4(e) The accounts are:
For foreign
currency:
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following provisions:
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8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties be held in Delhi.
(b) The English language shall be the official language for all purposes;
(c) The decision of sole arbitrator shall be final and binding and shall be enforceable
in any court of competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such enforcement; and
(d) Fee structure shall be as given below:
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5. Other expenses (As per actuals against bills subject to maximum of the prescribed
ceiling given below)
Traveling Expenses Economy class (by air), First class AC (by train) and
AC car (by road)
Lodging and Boarding (a) Rs.15,000/- per day (Metro cities)
(b) Rs.7,000/- per day (in other cities)
(c) Rs.3,000/- per day, if any Arbitrator makes
own arrangement.
7. Extra charges for days other Rs.5,000/- per day for outstation Arbitrator
than hearing / meeting days
(maximum for 2 days)
Note: 1. Lodging, boarding and travelling expenses shall be allowed only for those
members who are residing 100 kms. away from place of meeting
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be
considered as Metro Cities.
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IV APPENDICES
[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
[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
[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)
[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 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 concessionaire. In this context incase 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.
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In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed.
Please refer TOR
(a) Access to the quality control laboratory for performing various types of tests,
which will be provided by the concessionaire including the testing personnel.
(b) RFQ, RFP, Concession Agreement, Bid submission, Site Data and information for
field surveys and investigations
(c) Detailed Work plan and Programme for Operation and Maintenance of Project
Highway from Concessionaire.
(d) Quality Assurance Plan and Quality Control Procedures from the Concessionaire.
(e) All the reports and necessary data as per the reporting obligation of
concessionaire under the concession Agreement.
(f) Necessary letters, which will be required for Visa’s of foreign personnel and
procuring other services by the consultant for performing project services.
Please refer TOR
(h) Other foreign currency expenditures, like use of computers, foreign training of
Client's staff, various tests, etc.
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The Chairman,
National Highways Authority of India, G-5 & 6, Sector-10,
Dwarka,
New Delhi –110 075
India
WHEREAS __________________________________________________________ [Name and
address of Consultants]1 (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 therein 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 behalf
of the Consultants up to a total of ___________________________ [amount of Guarantee]2
___________________________ [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
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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.
14. " This guarantee shall also be operatable at our ____________________ Branch at New
Delhi, from whom, confirmation regarding the issue of this guarantee or extension / renewal
thereof shall be made available on demand. In the contingency of this guarantee being
invoked and payment thereunder claimed, the said branch shall accept such invocation letter
and make payment of amounts so demanded under the said invocation."
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.
This guarantee shall be valid for a period of 62 months i.e. upto 2 months beyond the expiry
of contract of 60 months.
Signature and Seal of the Guarantor ___________________________
In presence of
Name and Designation _________________________ 1.
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or remedy or security available to the Client. The bank shall not be relieved of its
obligations under these presents by any exercise by the Client of its liberty with reference to
the matters aforesaid or any of them or by reason of any other act or forbearance or other
acts of omission or commission on the part of the Client or any other indulgence shown by
the Client or by any other matter or thing whatsoever which under law would but for this
provision have the effect of relieving the Bank.
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 _____________ 2022 _____________ 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.
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who
issues the "Bank Guarantee”.
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Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be confirmed by any
Nationalized Bank in India.
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___________________________
And
___________________________
Whereas National Highways Authority of India (hereinafter called NHAI) has invited
proposal for appointment of Independent 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 NHAI as
Independent 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
NHAI/Concessionaire 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 NHAI
(Consultant may submit the detailed MOU along with percentage sharing of cost
at the time of bidding also).
For ___________________________ (Name of Lead partner)
___________________________
Managing Director/Head of the Firm
Address
For ___________________________ (Name of JV partner/s)
___________________________
Managing Director/Head of the Firm
Address
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(iv) If the Applicant has already registered with the https://etenders.gov.in and
validity of registration has not expired, then such Applicant does not require
fresh registration.
3. PREPARATION AND SUBMISSION OF APPLICATIONS:
(i) Detailed RFP may be downloaded from https://etenders.gov.in and the Bid may be
submitted online following the instructions appearing on the screen. A Vendor manual
containing the detailed guidelines for e-tendering system is also available on
https://etenders.gov.in
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(ii) The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the
https://etenders.gov.in
The Applicant shall submit the original documents specified above together
with their respective enclosures to the Authority after declaration of bid
evaluation result by Authority in compliance of Circular No.9.1.11/2019
Dt.06.06.2019 in regard to dispensation of online submission of bids
(IV) The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (ii) A & B above on the
https://etenders.gov.in before 12:00 hours Indian Standard Time on the
Application due date i.e. on 06.06.2022. Financial Proposal is to be submitted On-
line only and no hard submission is to be made.
(V) The Applicant shall upload scanned copies of the documents as specified in point
nos. B above on the https://etenders.gov.in before 1200 hours Indian Standard
Time on the Application due date. No hard copy of the documents as specified in
point no. B above is required to be submitted. In the event of any discrepancy
between the original and the copy (in electronic form), the original shall prevail.
(V) It may be noted that the scanned copies can be prepared in file format i.e. PDF
and/or ZIP only. The Applicants can upload a single file of size of 10 MB only but can
upload multiple files
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DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same
accordingly.
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(To be executed 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 NHAI)
Tender No._________
Between
National Highways Authority of India (NHAI), a statutory body constituted under the National Highways
Authority of India Act, 1988, which has been entrusted with the responsibility of development,
maintenance and management of National Highways, having its office at G-5 & G-6, Sector-10, Dwarka,
New Delhi, hereinafter referred to as “The Principal”, which expression shall unless repugnant to the
meaning or contract thereof include its successors and permitted assigns.
and
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s for
“Independent Engineer Services during Operation & maintenance Period for 4-Laning of
Moradabad-Bareilly Section of NH-24 from Km 149.250 to Km 271.050 in the state of Uttar
Pradesh on DBFOT basis under NHDP Phase-III A ”. The Principal values full compliance with all
relevant laws of the land, rules of land, regulations, economic use of resources and of fairness/
transparency in its relations with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/ Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity Pact
(hereafter referred to as Integrity Pact) the terms and conditions of which shall also be read as integral
part and parcel of the Tender documents and contract between the parties. Now, therefore, in
consideration of mutual covenants stipulated in this pact, the parties hereby agree as follows and this pact
witnesses as under:-
2) 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.
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b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential/ additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or
the contract execution.
c. The Principal will exclude all known prejudiced persons from the process, whose conduct in
the past has been of biased nature.
3) 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.
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.
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.
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.
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i. 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.
j. The Bidder(s)/ Contractor(s)/ Concessionaire(s) Consultant(s) who have signed a Integrity
pact shall not approach the court while representing the matter to IEMS and shall wait for
their decision in the matter
Article – 3 Disqualification from tender process and exclusion from future contracts.
3. A transgression is considered to have occurred if the Principal after due consideration of the
available evidence concludes that “On the basis of facts available there are no material doubts”.
4. The Bidder/ Contractor/ Concessionaire/ Consultant with its free consent and without any
influence agrees and undertakes to respect and uphold the Principal’s absolute rights to resort to
and impose such exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.
5. The decision of the Principal to the effect that a breach of the provisions of this Integrity Pact
has been committed by the Bidder/ Contractor/ Concessionaire/ Consultant shall be final and
binding on the Bidder/ Contractor/ Concessionaire/ Consultant. However, Consultant(s), the
Bidders Contractor(s) Concessionaire(s) Consultant(s) can approach IEM(s) appointed for the
purpose of this pact.
6. On occurrence of any sanctions/ disqualification etc arising out from violation of integrity pact,
the Bidder/ Contractor/ Concessionaire/ Consultant shall not be entitled for any compensation on
this account.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Concessionaire/ Consultant can prove that he has restored/ recouped the damage caused by
him and has installed a suitable corruption prevention system in his organization.
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
apart from any other legal right that may have accrued to the Principal.
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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/ Consultant and/ or demand and recover liquidated and all
damages as per the provisions of the contract/concession agreement against Termination.
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.
10) The Principal appoints competent and credible Independent External Monitor for this Pact after
approval from Central Vigilance Commission. The task of the Monitor is to review independently
and objectively, whether and to what extent the parties comply with the obligations under this
agreement. The following two Independent External Monitors (IEMs) has been engaged by
NHAI
(i) Smt. Gauri Kumar, IAS (Retd.) { Reference Office Order No. 11019/2797/2021-Admn
(E-76881)/870- Manual dated 17.05.2021}
(ii) Sh. Ashish Bhauguna, IAS (Retd.) { Reference Office Order No. 11019/2797/2021-
Admn (E-76883/37312)/912- Manual dated 28.05.2021}
11) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. 1le reports to the Chairman, NHAI.
12) The Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s) accepts that the Monitor has the
right to access without restriction to all project documentation of the Principal including that
provided by the Bidder(s) /Contractor(s) /Concessionaire(s) /Consultant(s). The Bidder(s)
/Contractor(s) /Concessionaire(s) /Consultant(s) will also grant the Monitor, upon his request and
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13) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Contractor(s) / Subcontractor(s) with confidentiality. The Monitor has also signed on
Non-disclosure of Confidential Information' and of Absence of Conflict of Interest". In case of
any conflict of interest arising at a later date, the IEM shall inform Chairman, NHAI and recuse
himself herself from that case.
14) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Bidder/ Contractor/ Concessionaire/ Consultant. The
parties offer to the Monitor the option to participate in such meetings.
15) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-2, he
may request the Management of the Principal to take corrective action, or to take relevant action.
The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor
has no right to demand from the parties that they act in a specific manner, refrain from action or
tolerate action.
16) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks from the
date of reference or intimation to him by the Principal and, should the occasion arise, submit
proposals for correcting problematic situations.
17) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence under
relevant IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
18) The word 'Monitor' would include both singular and plural
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/ Consultant 12 months after
his Defect Liability period is over or 12 months after his last payment under the contract
whichever is later and for all other unsuccessful Bidders 6 months after this Contract has been
awarded. (In case of BOT Projects) It expires for the concessionaire 24 months after his
concession period is over and for all other unsuccessful Bidders 6 months after this Contract has
been awarded. Any violation of the same would entail disqualification of the bidder and exclusion
from future dealings.
If any claim is made/ lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Chairman
of NHAI.
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.
Article - 10 Other Provisions.
9. This pact is subject to Indian Law. Place of performance and jurisdiction is the Registered Office
of the Principal, i.e. New Delhi.
10. Changes and supplements as well as termination notices need to be made in writing.
12. 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.
13. Issue like warranty / Guarantee etc. shall be outside the purview of IEMS.
14. In the event of any contradiction between the Integrity Pact and its Annexure, the clause in
integrity pact shall prevail.
15. 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.
16. The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first done
mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
Contractor/ Concessionaire/Consultant )
(Office Seal )
Place________
Date_________
Witness 1 :
Witness 2 :