Government of Rajasthan Nirman Bhawan, Jacob Road, Jaipur: Public Works Department
Government of Rajasthan Nirman Bhawan, Jacob Road, Jaipur: Public Works Department
Government of Rajasthan Nirman Bhawan, Jacob Road, Jaipur: Public Works Department
For
RSHIP Package-03: Independent Engineer Services for Development and Maintenance
of- RSHIP Package-03:Development and Maintenance of Peelibanga Lakhuwali
(34.500Km), Sardarshahar - Loonkaransar section of SH-6A (76.500Km), Churu -
Bhaleri section of SH-69(35.000Km), Sanju - Tarnau section of SH-60(16.710Km),
Roopangarh-Naraina section of SH-100(35.000Km) and Nagaur Tarnau -Deedwana-
Mukundgarh section of SH-8,19,60,82-A,83(196.00) under Design, Build, Operate and
Transfer on Annuity Mode under Design, Build, Operate/Maintain and Transfer (DBOT)
On PPP(Annuity) Mode
January 2017
IE ADB Package-03
Public works Department of Rajasthan Request for Proposal for IE
Public works Department of Rajasthan Request for Proposal for IE
CONTENTS
Sub: RSHIP Package 03 : RFP for Independent Engineer Services for Development and
Maintenance of RSHIP Package-03:Development and Maintenance of Peelibanga
Lakhuwali(34.500Km), Sardarshahar - Loonkaransar section of SH-6A(76.500Km), Churu -
Bhaleri section of SH-69(35.000Km), Sanju - Tarnau section of SH-60(16.710Km), Roopangarh-
Naraina section of SH-100(35.000Km) and Nagaur Tarnau -Deedwana-Mukundgarh section of
SH-8,19,60,82-A,83(196.00 Km) under Design, Build, Operate and Transfer on Annuity Mode
under Design, Build, Operate/Maintain and Transfer On PPP(Annuity) Mode.
GENERAL
1. The PWD Rajasthan invites proposals for engaging an Independent Engineer (IE) on the
basis of International Competitive Bidding for the following contract package in the State
of Rajasthan under ADB tranche-1 Programme.
TABLE 1: DETAILS OF PROJECT
Project Assignme
S. Length nt period
Project stretch SH No.
No.
(Km.) (months)
Independent Engineer Services for Development
and maintenance of Peelibanga - Lakhuwali, SH-6A,
Sardarshahar - Loonkaransar section of SH- SH-69,
6A, Churu - Bhaleri section of SH-69, Sanju SH-60, 393
- Tarnau section of SH-60, Roopangarh- SH-100, 36
.710
1 Naraina section of SH-100 and Nagaur SH-
Tarnau -Deedwana-Mukundgarh section of 8,19,60,82-
SH-8,19,60,82-A,83In the state of Rajasthan A,83
Package3 of ADB on Annuity Mode
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Public works Department of Rajasthan Request for Proposal for IE
6. The interested consultancy firms may download the RFP from PWD, Rajasthan website
w.e.f. 27.01.2017 to 07.03.2017.upto 16.00 hrs. The Consultant who downloads the RFP
document from the website will be required to pay the non-refundable fee of Rs. 5000/- at
the time of the submission of the Bid proposal. The method of payment will be through
Demand Draft payable at Jaipur in favour of Project Director PPP-1 PWD Jaipur The RFP
will be invited through e-tendering portal www.eproc@rajasthan.gov.in. Refer Instruction
to Applicants for procedure for submission of RFP through e-tendering portal.
7. The Technical Proposal and Financial Proposal should be submitted by consultancy
firms in accordance to RFP. The Technical Proposal in original should also be submitted in
hard bound form and should be placed in an envelope marked as Technical Proposal.
A copy of the Technical Proposal should also be uploaded on the e-portal. Stage-1 of the
Evaluation shall consider the evaluation of the Technical Proposal. 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 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 70% and 30% respectively. The final selection of the firm shall be based
on highest combined score of technical and financial proposal.
8. The total time period for the assignment as Independent Consultant will be for 36 Months
(Construction period 24 months + Development and O&M period 12 months).
9. 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 3 (i.e. one lead + 2 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.
10. The Applicant whether a sole applicant or lead member with joint venture(s) may include
an Associate company also. The applicant shall submit a Memorandum of Understanding
(MOU) with the Associate regarding the role and responsibilities of this Associate
Company along with the proposal. Only such associates are allowed to participate under
this para, who provide at least 3 key personnel out of 6 key personnel viz., (i) Team
Leader-cum-Senior Highway Engineer, (ii) Resident-cum-Highway Engineer, (iii) Senior
Bridge Design Engineer, (iv) Highway Design Engineer (v) Senior Quality-cum-Material
Expert and (vi) Bridge/Structural Engineer.
11. 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.
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The firm should have The firm should have Annual turnover(updated
minimum experience of minimum experience of average of last 5 years or
preparation of Detailed Project Project Supervision/IC of in each of the preceding two
Report of 2/4-laning project of 2/4-laning project of years) of the firm from
1 (a).
aggregate length equal to aggregate length equal to consultancy business should be
800Kms or more of similar 1200Kms or more of equal to or more than 15.24
category for which RFP is similar category for which Cr.
invited RFP is invited
Firm should have prepared Firm should also have
DPR/ Feasibility Study cum experience of Project
Preliminary Design Report for Supervision/IC of at least
1(b). -
at least one project of one project of similar
similar category of 2/4 laning category of 2/4 laning of
of 160Kms 160Kms.
(B). Eligibility Criteria for partner in case of JV(not more than 2 JV partners shall be allowed)
Case I; Lead Partner with one other JV partner: The lead partner must fulfil at least 50%
of requirements at 1(a) of table in para (A) above and other JV partner should fulfil at least
40% of eligibility criteria as indicated at 1(a) of table in para (A) above. Also the lead
partner and JV partner jointly should meet not less than 1.20 times the eligibility criteria as
mentioned at 1(a) of table in para (A) above. Lead partner should meet the criteria 1 (b) of
table in para (A) above.
Case II: Lead partner with two other JV Partners: The lead partner must fulfil at least
50% of requirements at 1(a) of table in para (A) above and each JV partner should fulfil at
least 25% of eligibility criteria as indicated at 1(a) of table in para (A) above. Also the lead
partner and JV partners jointly should meet not less than 1.30 times the eligibility criteria as
mentioned at 1(a) of table in para (A) above. Lead partner should meet the criteria 1 (b) of
table in para (A) above.
Note: The weightage given for experience of a firm would depend on the role of the firm in
the respective assignments. The firms 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.
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12. 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:
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.
13. Consultants (sole firm or lead firm and any of the JV partners) who have been debarred by
PWD, Rajasthan /MORTH/NHAI/any State government and the debarment is in force as
on date of application, need not apply as their RFP proposal will not be entertained.
14. PWD, Rajasthan will not be responsible for any delay, loss or non-receipt of RFP
document sent by post/courier. Further, PWD, Rajasthan 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.
15. The Technical proposal (in Original) must be submitted in a hard bound form with all
pages numbered serially, along with an index of submission. (Hard bound implies binding
between two covers through stitching or otherwise whereby it may not be possible to
replace any paper without disturbing the documents). Spiral bound form, loose form, etc.
will be not accepted. A copy of the Technical Proposal should also be uploaded on the e-
portal. 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, PWD, Rajasthan may reject the Proposal.
16. Employer will be at liberty to keep the credentials submitted by the Consultants at bidding
stage, in public domain and the same may be uploaded by Employer on Employers web-
site. Consultants should have no objection if Employer uploads the information pertaining
to their credentials as well as of their key personnel.
17. The individual key personnel proposed in the bid by the consultants or any replacement
thereof should undertake that they shall have no objection in uploading/hoisting of their
credentials by Employer in public domain.
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18. RFP submission must be received not later than 1100 hrs on 08.03.2017 in the manner
specified in the RFP document at the address given below:
Anoop Kulshreshtha,
Additional Chief Engineer (PPP),
PPP Division, Public Works Department,
Nirman Bhawan, Jacob road, Jaipur, Raj.
(E-mail: aceppp.pwd@rajasthan.gov.in)
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1. INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/joint venture with other
consultant willing to act as Independent Engineer to submit a proposal for providing
consulting services required for the assignment named in the attached Letter of
Invitation. Your proposal could Form the basis for future negotiations and ultimately a
contract between your firm and the PWD.
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 State Highway,
National Highways , 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 Public Works Department or its
implementing agencies for breach by such Bidder including individual or any of
its Joint Venture Member.
1.2 A brief description of the assignment and its objectives are given in the Terms of
Reference (TOR).
1.3 The assignment shall be implemented in various stages such as Design, Construction
supervision, and Operation and Maintenance supervision. Continuation of services for
the next stage shall be subject to satisfactory performance of the previous stage, as
determined by the PWD.
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested parties
with information that may be useful to them in the formulation of their Proposals
pursuant to this RFP. This RFP includes statements and assumptions, which reflect
various assessments arrived at by the Authority in relation to the Consultancy. Such
assessments and statements do not purport to contain all the information that each
Applicant may require. The information contained in this RFP, may not be complete,
accurate, adequate or correct. Each Applicant should, therefore, conduct its own
investigations about the assignment and the local conditions before submitting the
proposal by paying a visit to the Client and the project site, sending written queries to
the client, before the date and time specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the contract,
including a visit to site, are not reimbursable as a direct cost of assignment and (ii)
PWD is not bound to accept any of the proposals received by it and reserves the right to
annul the selection process at any time prior to contract award, without thereby
incurring any liability to the Consultants.
1.6 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 and/or the Contractor(s) as Design Consultant and/or
Construction Supervision Consultant is not eligible to participate in the bidding.
1.7 Those Consultants who were engaged by PWD,Rajasthan for the above project as
Design Consultants for preparation of Detail Project Reports/Feasibility Report shall
not be permitted to submit proposal for providing the consultancy services as
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Independent Consultant for the same project either individually or in JV with other
firms.
1.8 Consultants 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 PWD Rajasthans policy that the consultants observe the highest standard of
ethics during the selection and execution of such contracts. In pursuance of this
policy, the PWD Rajasthan:
(a) Defines, for the purpose of this paragraph, the terms set forth below as
follows:
(b) will reject a proposal for award if it determines that the Consultant
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for the contract in
question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded a contract if it at any time determines that the firm has engaged
in corrupt or fraudulent practices in competing for, or in executing, a contract;
and
(d) Will have the right to require that a provision be included requiring
consultants to permit the PWD, Rajasthan to inspect their accounts and
records relating to the performance of the contract and to have them audited
by authorized representatives of PWD, Rajasthan.
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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1.11 Consultants shall furnish information on commissions and gratuities, if any, paid or to
be paid to agents relating to this proposal and during execution of the assignment if the
Consultant is awarded the Contract, in the Financial Proposal.
1.12 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 negotiations 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, who would
be considered in the final evaluation for contract award. 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 Clients 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 PWD 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 PWD website which will be binding on
them. The Client may at its discretion extend the deadline for the submission of
Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal strictly using the formats enclosed
herewith (refer section 3 and 4) .
The Technical Proposal (Hard Bound) should be enclosed in an envelope which should be
marked as Technical Proposal and be submitted as mentioned in section-1 para 18. The
copy of Technical proposal must also be uploaded on eproc in electronic form. The
Financial Proposal should be submitted only in Electronic Form. No hard copy of the
Financial Proposal is to be submitted. Please also refer procedure under e-tendering
defined in the RFP in this regard. The proposal shall be written in the English language as
specified in the Data Sheet. All pages of the Proposal shall be signed by an authorized
representative. The representatives authorization shall be confirmed by written Power of
Attorney duly notarized to be submitted with the proposal. In case of JV a MoU indicating
the specific Projects, input and role of each Partner etc. shall be submitted with the
proposal.
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Technical Proposal
3.2 You are expected to examine all terms and conditions included in the documents. Failure
to act or to provide all requested information will be at your own risk and may result in
rejection of your proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the
following:
i. The man-months for the assignment shall be that stated in the Terms of
Reference. The same shall be considered for the purpose of evaluation as well
as award. In case the man months of TOR are amended in view of Clients
own initiative or in response to clarification sought by any Consulting firm,
the man months so amended and published shall be considered for the
purpose of evaluation as well as award.
ii. The Consultants should prefer to filled as many of their permanent staffas
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.
Please enclose evidence e.g: Pay roll, Auditors Certificate) in this regard.
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, Resident-cum-Highway Engineer,
Senior Pavement Specialist, Highway Design 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.
3.4 Your Technical Proposal must provide the following information, using but not limited to
the formats attached in the Section 3 & 4.
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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.
b. Key information should include years with the firm and degree of
responsibility held in various assignments. In CV format, at summary, the
individual shall declare his qualification & total experience (in years) against
the requirements specified in TOR for the position (Ref. Enclosure-B of TOR).
If any information is found incorrect, at any stage, action including termination
and debarment from future PWD projects upto 2 years may be taken by PWD
on the personnel and the Firm.
c. If same CV is submitted by two or more firms, zero marks shall be given for
such CV.
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 fulfil 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 fulfil 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 fulfil the minimum qualification) will
have to be replaced by the firm at the time of contract negotiations. The
reduction in remuneration of such replacements will be made as per Clause-4.5
(c) of the contract for consultancy services.
g. In case CV of a person is turned out to be fake/incorrect/inflated during the
assignment, the consultancy firms shall have to refund the salary and perks
drawn in respect of the person apart from other consequences.
v. Deployment Schedule for each key personnel should be formulated and incorporated
in the Technical Proposal which will be reviewed on quarterly basis.
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vi. Estimates of the total time effort (person x months) to be provided for the services,
supported by bar chart diagrams showing the time proposed (person x months) for
each professional staff and sub professional staff.
vii. A certification to the effect should be furnished by the Consultant that they have
checked the qualifications and experiences details submitted by the key personnel in
their CVs and found to be correct. This certification should be made in CVs of all
key personnel after the certification by the candidate. The format of CV includes
certification to this effect.
viii. Each key personnel of the preferred Consultant shall be called for interview at the
time of negotiation at the cost of Consultant.
In case during interaction with the key personnel at the time of negotiation it is found
that the key personnel proposed is un-suitable for the assignment position, his
replacement by equivalent or better shall be provided by the consultant. The key
personnel with such un-suitable CV shall not be considered in any future bids for
that position for two years.
In the eventuality that a firm becomes non-responsive, for the third time, due to the
action of replacements of more than 2 key personnel during negotiation, the firm and
its constituent JV partners and Associates shall be debarred upto two years for PWD
consultancy projects.
x. Any additional information.
3.5 The technical proposal must not include any financial information.
Financial Proposal
3.6. Your Financial Proposal must be strictly using the formats attached on
www.eproc.rajasthan.gov.in. 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
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of all categories namely (i) key Personnel; (ii) 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 governments country); unless the Data
Sheet specifies otherwise. This cost, however, will not be considered in evaluation.
3.8 Consultants should express the price of their services in the Local currency (Indian
Rupees) only.
4.1 The ORIGINAL proposal shall be prepared in indelible ink. It shall contain no inter-
lineation or overwriting, except as necessary to correct errors made by the firm itself.
Any such corrections must be initiated by the person or persons who sign(s) the
Proposals.
4.2 All pages of the ORIGINAL Proposal shall be signed by the eligible authority as
specified in Para 3.1 of LOI given above.
4.3 You must submit one ORIGINAL proposal only in accordance with procedure under
e-tendering defined in the RFP. The Technical Proposal (Hard Bound) should be
enclosed in an envelope which should be marked as Technical Proposal and be
submitted as mentioned in Section-1 para 18. The copy in electronic form must also be
uploaded on www.eproc.rajasthan.gov.in. The Financial Proposal should be submitted
only in Electronic Form. No hard copy of the Financial Proposal is to be submitted.
4.4 The sealed Envelope to be submitted to PWD shall contain 2 sealed envelopes, One
containing the Technical Proposal andother containing the Demand Draft in favour of
project Director PPP-1 jaipur for payment of Rs. 5,000/- (Cost of RFP) and proof of
payment of application processing fees.
4.5 The technical proposal must also be submitted in a hard bound form with all pages
numbered serially, along with an index of submissions. (Hard bound implies binding
between two covers through stitching or otherwise whereby it may not be possible to
replace any paper without disturbing the document). Spiral bound form, loose form, etc
will be not accepted.
4.6 Your completed proposal must be delivered on or before the time and date stated in
the data sheet.
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credentials online with option to link to Aadhar & Digilocker for data validation
and purity.
(ii) The Applicant shall ensure that they have uploaded modules stipulated on
www.infracon.nic.in, failing which the bid submitted will be summarily rejected.
Hard copy of the documents as specified is required to be submitted. Financial
Proposal is to be submitted On-line 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.
4.8 Any Agency / Key Personnel black listed / debarred by P.W.D. / MoRT&H/ NHAI and
similar other Government Organisations are not eligible for assignment.
5. PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the PWD shall carry out its evaluation applying
the evaluation criteria and point system specified in the data sheet. Each responsive
proposal shall be attributed a technical score (St.) 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.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of 5 firms is
finalised, PWD may notify those consultants whose proposals were not considered as per
conditions of RFP. The PWD 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 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 lowest financial proposal (Fm) shall be given a
financial score (Sf) of 100 points. The financial score of the proposal shall be computed
as follows: Sf=100XFm/F (F-amount of financial proposal).
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5.8 Proposals shall finally be ranked according to their combined technical (St) and financial
(Sf) scores using the weights indicated in data sheet.
6. NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the PWD shall notify the
Successful firm who submitted the highest scoring proposal in writing by registered letter
or facsimile and may either issue LOA if negotiations are not required or may invite it to
negotiate the contract. In case two or more firms obtain same score, the firm achieving
the highest Technical score shall be invited first for negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on all points,
and initial a draft contract by the conclusion of negotiations
6.3 Negotiations shall commence with a discussion of your technical proposal, the proposed
methodology (work plan), staffing. Agreement must then be reached on the 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 optimise
the required outputs from the firm within the available budget and to define
clearly the inputs required from the PWD to ensure satisfactory implementation of the
assignment.
6.5 Having selected a firm, among other things, on the basis of an evaluation of proposed key
professional staff, the PWD expects to negotiate, a contract on the basis of the staff
named in the proposal and, prior to contract negotiations, will require assurance that this
staff shall be actually available.
PWD works. PWD shall not further consider CV of such key personnel directly or
indirectly for any of its projects for this period. 10% reduction in remuneration shall be
considered for each such substitution upto 2 replacements. In case during negotiations,
more than two replacements are sought by the H-1 consultant, his proposal shall be
considered as Non-Responsive. In such case the combined score of next five top firms,
meeting the non-conflict condition shall be evaluated to arrive at new H-1. In case less
than five firms are available, the next highest scoring firm shall be considered as H-1
Replacement of Key Personnel, if required by PWD on the ground that they are found to
be unsuitable during interaction, will be additional as per the RFP.
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Replacement sought by PWD (max. Two Nos. in case the CVs score less than 75% of
marks), and the replacement sought by the H-1 Consultant (max. Two Nos.) at the time
of Negotiations, will constitute the Total nos. of Four Replacement
In case during interaction with the key personnel at the time of negotiation it is found that
the key personnel proposed is un-suitable for the assignment position, his replacement by
equivalent or better shall be provided by the consultant. The key personnel with such un-
suitable CV shall not be considered in any future bids for that position for two years.
In the eventuality that a firm becomes non-responsive, for the third time, due to the
action of replacements of more than 2 key personnel during negotiation, the firm and its
constituent JV partners and Associates shall be debarred upto two years for PWD
consultancy projects.
6.7 Each key personnel of the preferred consultant shall be called for interview at the time of
negotiation at the cost of the Consultant. At the time of interview, the key personnel shall
produce the originals of the certificates (Proof of age, Qualifications and experience from
their respective employers) in support of their CVs for verification and return. The
negotiations shall be concluded with a review of the draft form of Contract. The PWD
and the firm will finalise the contract to conclude negotiations.
7. AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall award the
Contract to the selected Consultant.
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.
DSC should be in the name of the authorized signatory. It should be in corporate capacity
(that is in Bidder capacity / in case of JV in the Lead Member capacity, as applicable). The
Bidder shall submit document in support of the class III DSC.
8.1.2 To participate in the bidding, it is mandatory for the Bidders to submit the bids through
the e-tending process specified by the Government of Rajasthan, details of which can be
seen on the e-procurement portal of State Government http://eproc.rajasthan.gov.in.
8.1.3 The firm / Joint Venture may use a valid Digital Signature Certificate
(DSC) which it may have procured earlier.
8.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal of Sate Government (http://eproc.rajasthan.gov.in) or official portal of
PWD i.e. www.pwd.rajasthan.gov.in from 27.01.2017 to 07.03.2017 (upto 16:00 Hrs.
IST).
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8.1.5 To participate in e- bidding, Bidders have to pay Rs. 1,000 (Rupees one thousand only)
towards non-refundable to e-procurement service provider against tender processing fee
through demand draft in favour of MD, RISL payable at Jaipur. .
ii. The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the e procurement portal) [Refer to Clause
4.3 of section 2 of RFP]
(II) Demand draft towards cost of RFP of Rs. 5,000/- (Rupees Five thousand only) in
favour of Project Director PPP-1 PWD Jaipur;
(III) Payment of Application processing fee of Rs. 1000/- (one thousand only) inclusive
of all taxes in favour of MD, RISL payable at Jaipur.
iii. The Applicant shall submit the original documents specified above in point no. (ii)B
together with their respective enclosures and seal it in an envelope and mark the
envelope as Technical Proposal for the Project for which proposal is submitted and
name and address of the Applicant. The envelope must be clearly marked DO NOT
OPEN, EXCEPT IN THE PRESENCE OF THE EVALUATION COMMITTEE. In
addition, the Application due date should be indicated on the right hand corner of the
envelope. The original documents should be submitted before 11:00 hours Indian
Standard Time on the Application due date at the address mentioned at section-1
para18 in the manner and form as detailed in the RFP.
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iv. The Applicant shall upload scanned copies of the documents as specified in point nos. 2
(ii) (A) & (B) above on the www.eproc.rajasthan.gov.in before 11:00 hours Indian
Standard Time on the Application due date. No hard copy of the documents as specified
in point nos. (ii) (A) (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.
8.2.2 The documents listed at clause 3.1 shall be prepared and scanned in different files (in
PDF or JPEG format) and uploaded during the on-line submission of BID.
8.2.3 Bid must be submitted online only through e-procurement portal of State Government
i.e. http://eproc.rajasthan.gov.in using the digital signature of authorised representative
of the Bidder on or before 08.03.2017 (upto 11.00 hours IST).
8.4.2 The Authority shall open Technical BIDs on 08.03.207at 11.30 hours IST, in the presence
of the authorized representatives of the Bidders, who choose to attend. Technical BID of
only those bidders shall be online opened whose documents listed at clause 3.1 of the
RFP have been physically received. The Authority will subsequently examine and
evaluate the BIDs in accordance with the provisions of clause 5 and Data Sheet of RFP.
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DATA SHEET
1.4 Pre-Proposal Conference shall be held at: PWD PPP Conference hall on 28.02.2017 at
1100 hrs. Last date for receiving written queries 20.02.2017
1.12 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to Pre Proposal Conference. The address for
requesting clarification is:
Anoop Kulshreshtha,
Additional Chief Engineer (PPP),
PPP Division, Public Works Department,
Nirman Bhawan, Jacob road, Jaipur, Raj.
(E-mail: aceppp.pwd@rajasthan.gov.in)
3.3 All the personnel shall have working knowledge of English and all the reports etc shall
be written in English.
3.7 PWD shall reimburse only service tax. Consultant has to assess all other taxes and
should inbuilt them in their financial proposal. These taxes (other than service tax)
should not be provided separately. Consultants are requested to consult Tax Consultants
for details.
Total 100
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(i) Sub criteria for Relevant Experience of the firm for the assignment
In case of JV the turnover and experience details of Lead and JV partners to be added.
Employers certificate should be submitted substantiating the experience claimed by the firm.
(ii) Sub criteria for Adequacy of the proposed work plan and methodology in response to the
ToR.
*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.
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5 Bridge/Structural Engineer 6
6 Senior Pavement Specialist 6
10 Financial Expert 3
11 Legal Expert 3
Total 70
General qualifications 25
Adequacy for the project 70
Employment with firm 5
Total 100
The technical proposal should score at least 75 points to be considered responsive for financial
evaluation.
(iv) Detailed evaluation criteria which is to be used for evaluation of technical bids is
as indicated below as Appendix-EC.
(v) 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.
(vi) 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.
7.2 Commencement of Assignment: The firm shall begin carrying out the services within one
month of signing of the Consultancy Agreement.
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Appendix-EC
1. Evaluation Criteria for Assessment of Experience of the Firm.
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Criteria for Adequacy of The Proposed Work Plan and Methodology (Refer Para 5.3 (ii) of Section 2, Data
Sheet of RFP)
Description Maximum Marks Reference/ Detail Marks Self assessed
of projects claimed by the bidder
for self assessment
Understanding the objective, scope of 1
assignment and Comments/ suggestions
on
TOR
(i) Average 0.50
(ii) Good 0.75
(iii) Very
Good 1.00
Quality of Approach and Methodology 3
(Review of scope of work and design
review, construction supervision
methodology, contract management
approach, quality control and quality
assurance, safety review/audit and O&M
stage to be judged).
(i) Average 1.00
(ii) Good 2.00
(iii) Very
Good 3.00
Work Program me and Manning Schedule 1
(i) Average 0.50
(ii) Good 0.75
(iii) Very
Good 1.00
Total Marks 5
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3. Evaluation Criteria for assessment of score of Key Staff for adequacy of the Assignment.
(Refer Para 5.3(iii) of Section 2, Data Sheet of RFP)
< 2 projects -0
2 Projects - 17
Add 1 mark extra for each additional project subject to
maximum 3
(three) marks
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2. Only those projects will be considered for evaluation at S. No. 2(b), 2(c) and 2(d) above, where
the input of the personnel is not < 6 months, one year and 6 months respectively.
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Note: Only those projects will be considered where at least 6 months input has been claimed.
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(2) Only those projects will be considered where at least 6 months input has been claimed.
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2. Only those projects will be considered where at least 6 months input has been
claimed.
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(2) Only those projects will be considered where at least 6 months input has been claimed.
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1 Project -4
2 or more -5
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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1 General Qualification 25
Law Graduate with Registered Lawyer in Bar Council 25
2 Adequacy for the Project 70
Professional Experience
i) Total Experience in contracts and financial documentation related to project 40
financing.
< 8 years -0
8 years - 33
Add 1 (one) mark extra for each additional year of experience subject to
maximum 7 (seven) marks.
ii) Experience in financial documentation related to project financing. 20
< 4 years -0
4 years - 17
Add 1 (one) mark extra for each additional year of experience subject to
maximum 3 (three) marks.
iii) Advisory experience in Highway/transportation sector. 10
< 1 year -0
Add 1 (one) mark extra for each year of experience subject to maximum
10 (ten) marks.
3 Employment with the Firm 5
< 1 year -0
1 year -3
Add 0.5 marks for each subsequen t year subject to maximum 2 marks
Total : 100
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Appendix A
The following information related to the firm should be provided in the proposal.
Individual /
Lead Partn e r
(of JV)
S.
Particular 2015-2016** 2014-15 2013-14 2012-13 2011-2012
No
i. Annual turnover from Consulting
business
ii. Total Assets
iii. Current Assets
Balance Sheet/Auditor Certificate of last 5 years (2011-12, 2012-2013, 2013-14 2014-15
and 2015-16)** shall be submitted as evidence of Annual Turnover.
**a) The amount shall be stated in INR. (Consider 1US Dollar = Rs.68/- and 1 Euro = Rs 77/-)
b) The currency conversion rate for the respective years shall be mentioned for other
International currencies.
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(c) Wherever details for Audited Balance Sheet, Financial Statement, Balance Sheet/Auditor
Certificate of last 5 years are sought, the last 5 year shall be preceding the year in which
Bid Submission is to be made.
In case the annual accounts for the latest financial year are not audited and therefore
the Applicant cannot make it available, the Applicant shall give an undertaking to this
effect duly certified by statutory body like Chartered Accountant or Independent
Auditor who are competent to do so as recognized by the state Concerned. In such a
case, the Applicant shall provide the Audited Annual Reports for 5(Five) years
preceding the year for which the Audited Annual Report is not being provided.
Projects
Client
Name / Year
(with %age of
Sole Description Approx.
Complete Fee total fee
consultant/ Type of Cost
Address, Total Fee received received
prime services Highway of
S. contact For the by
consultant of rendered Project/ Highway
N person, Consultancy Applicant by the Period
JV/minor length Project
o Telephone Assignment (in case of
consultant of (Kms)
nos. And (INR) JV/Associa firm
JV /or Sub- Fax. Nos.) tion)
consultant/as
Associate -
consultant
1 2 3 4 5 6 7 8 9 10
A. Completed/Substantially completed projects:
1.
2.
3.
B. Projects in progress
1.
2.
3.
viii. Experience in DPR preparation of 2/4/6 laning Highway Projects separately for the PPP and non-
PPP projects during the last 7 years. ***
Projects Client
Name / Year (with
Fee in %age of
Type Length Complete
Sole consultant /prime Total Fee I NR total fee
services of Address,
consultant of JV/minor For the (Applicants received
S rendered Project contact
consultant of JV/or sub Consultancy share by the Period
No ( Kms ) person,
consultant/as Associate Assignment in firm
Telephone
consultant (Road/ (INR) case of
nos. And
Highway) Projects with or JV)
Fax. Nos.)
without bridges )
1 2 3 4 5 6 7 8 9
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a) 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.
b) The details of bridges having length more than 100m in the listed projects are to be
specifically mentioned.
(c) The weightage given for experience of a firm would depend on the role of the firm in
the respective assignments. The firms 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.
(d) For weightage of experience in any past Consultancy assignment experience certificate
from the client shall be accepted. In the absence of experience certificate from the
client, proportion of payment received towards Consultancy work duly certified by
statutory body like Chartered Accountant or Independent Auditors who are competent
to do so as recognised by the State concerned shall be accepted. Annual turnover duly
certified by Chartered Accountant shall be accepted. In case of non-availability of such
documents no weightage of turnover/experience will be considered.
ix. (ix) Assignments on hand including those for which the Letter of Acceptance from the
clients received as on 7 days prior to due date for submission of proposals: The details shall
be given in the following format.
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(x) Number of Key Personnel employed with the firm for more than one year from bid submission
date:
Legal Expert
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Appendix B-4 Composition of the Team and Task(s) of each Team member
Appendix B-5 Curriculum vitae of proposed Professional staff.
Appendix B-6 Time schedule for deployment of Professional staff
Appendix B-7 Activity (works) schedule.
Appendix B-8 Affidavit-Correctness of CVs of Key Personnel and experience
claimed by the firms.
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APPENDIX B-1
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as IE for the
DBFOT/DBOT work.
We, the undersigned, offer to provide the consulting services for the above in accordance with
your Request for Proposal dated (Date), and our Proposal. We are hereby submitting our
Technical Proposal, the Financial Proposal has been uploaded on www.eproc.rajasthan.gov.in.
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we
undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and
subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive
Managing Director/Head of
the firm/Authorised
Representative of the firm +
* Name of the firm Address
*Lead Member in case of JV
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1.
2.
3.
4.
On the services and facilities to be provided by the PWD (not more than one page)
1.
2.
3.
4.
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1. Technical/Managerial Staff
..
..
2. Support Staff
..
..
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Name of Firm:........................................................................................
Name of Staff :........................................................................................
Profession :..............................................................................................
Date of Birth :
Years with Firm/Entity : ...............................Nationality : ..............................Membership
of Professional Societies ......................................................................
Detailed Task Assigned : ..............................................................................................
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 members 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.]
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 organisations, 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]
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I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultants firm is forced to seek replacement. In such
unavoidable circumstances, I shall not undertake any employment in PWD projects during the
period of assignment of this project and PWD 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 effect the work of the
current assignment.
Name of Client Date Likely start Likely end Total input of the
Assignment of (Month / (Month / person
LOA Year) Year) (man-month s)
Note : CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand as on 7 days before due date of proposal including those for which LOA
has been received from the Client or for which Consultant has been declared as H1 or L1 do not
exceed
3 (three) for Senior Bridge Design Engineer, Senior Pavement Specialist and Highway
Design Engineer.
6 (six) for Traffic and Transportation Expert, Road Safety Expert, Financial Expert,
Legal Expert and HTMS/Toll Expert.
.. Date
(Signature of Key Personnel) (Day/Month/Year)
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.. Date :
(Day/Month/Year)
[Signature of authorised representative of the Firm]
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 certificate from the employer is to be enclosed.
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A. Activity Schedule
1 Subtotal (1)
2 Subtotal (2)
3 Subtotal (3)
4 Subtotal (4)
- -
- -
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A. Activity Schedule
Monthwise Program (in form of Bar Chart)
[1st, 2nd , etc. are months from the start of
S. Item of Activity 12th
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th
No. (Works)
1 .....................................
....
2 .....................................
....
3 .....................................
....
4 .....................................
....
- .....................................
....
- .....................................
....
1 Monthly reports
(Design and Construction)
2 Quarterly Reports
3
Various others reports as provided in the Concession
Agreement such as
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SECTION 5:
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Anoop Kulshreshtha,
Additional Chief Engineer (PPP),
PPP Division, Public Works Department,
Nirman Bhawan, Jacob road, Jaipur, Raj.
(E-mail: aceppp.pwd@rajasthan.gov.in)
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 subject to the modifications resulting from
contract negotiations, 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.
We remain,
Yours sincerely,
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Amount
No. Description
Rs
Local Consultants
I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Contingencies
Total Local Consultant
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TBN = To Be Named
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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
IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff
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V. Office Rent (Fixed Costs) Minimum 200 sqm area of office shall be rented at TL
Head Quarter at Laxmangarh and 75 sqm each at Sardarshahar and Deedwana
HQ.
The rent cost includes electricity and water charges, maintenance, cleaning, repairs,
etc. complete.
(Brand new Furniture and Equipment shall be mandatory at the time of commencement
of services as per the list given below. The rental rate per month shall be quoted for the
total list of Office Furniture and Equipment)
LS RS------------
2 Quarterly Reports
12 6
3 Various others reports as provided in
the Concession agreem ent such as
Com pletion Report
36 6
Total
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IX. Contingencies
A fixed amount of Indian Rupees Ten LACS shall be included in the Financial
Proposal. The provisions of Contingency shall be operated with the specific approval
from the Competent Authority in PWD.
Note: Input for deployment of Key persons will be decided in consultation with
Authority and decision of Authority in this regard shall be final.
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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 Development and Maintenance of RSHIP Package-03:
Development and Maintenance of Peelibanga Lakhuwali (34.500Km), Sardarshahar -
Loonkaransar section of SH-6A (76.500Km), Churu - Bhaleri section of SH-
69(35.000Km), Sanju - Tarnau section of SH-60(16.710Km), Roopangarh-Naraina
section of SH-100(35.000Km) and Nagaur Tarnau -Deedwana-Mukundgarh section of
SH-8,19,60,82-A,83(196.00) under Design, Build, Operate/Maintain and Transfer (the
DBOT Annuity or Hybrid Annuity and a copy of which is annexed hereto and marked
as Annex-A to form part of this TOR.
1.2 This TOR shall apply to construction, operation and maintenance of the Project Highway.
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:
ii. review, inspection and monitoring of Construction Works as set forth in Paragraph
5;
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vi. determining, as required under the Agreement, the costs of any works or services
and/or their reasonableness;
vii. determining, as required under the Agreement, the period or any extension thereof,
for performing any duty or obligation;
viii. assisting the Parties in resolution of disputes as set forth in Paragraph 9; and
ix 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. Development Period
4.1 During the Development Period, 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.
4.3 The Independent Engineer shall review the Drawings sent to it by the Safety Consultant
in accordance with Schedule-L 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 within 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 construction, operation and maintenance
of the Project, and furnish its comments within 7 (seven) days from receipt of such
reference from the Authority.
5. Construction Period
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5.1 In respect of the Drawings, Documents and Safety Report received by the Independent
Engineer for its review and comments during the Construction Period, 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 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. 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 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
carried out, tests on a sample basis, to be specified by the Independent Engineer in
accordance with Good Industry Practice for quality assurance. For purposes of this
Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of
Quality Control for Construction of Roads and Runways) and the Specifications for
Road and Bridge Works issued by the Authority (the Quality Control Manuals) or any
modification/substitution thereof shall be deemed to be tests conforming to Good
Industry Practice for quality assurance. The Independent Engineer shall issue necessary
directions to the Concessionaire for ensuring that the tests are conducted in a fair and
efficient manner, and shall monitor and review the results thereof.
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.
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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, 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 the Project 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 COD 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 Construction 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 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 carry out, or cause to be carried out, all the Tests
specified in Schedule-I and issue a Completion Certificate or Provisional Certificate, as
the case may be. For carrying out its functions under this Paragraph 5.13 and all matters
incidental thereto, the Independent Engineer shall act under and in accordance with the
provisions of Article 14 and Schedule-I.
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 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.
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5.16 Upon reference from the Authority, the Independent Engineer shall undertake the
assessment of cost of civil works, as per applicable schedule of rates, for the reduction
of Scope of work as provided in Clause 16.6.1 of the Concession Agreement.
6. Operation Period
6.1 In respect of the Drawings, Documents and Safety Report received by the Independent
Engineer for its review and comments during the Operation Period, the provisions of
Paragraph 4 shall apply, mutatis mutandis.
6.2 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.
6.3 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.
6.4 The Independent Engineer shall inspect the Project once every month, preferably after
receipt of the monthly status report from the Concessionaire, but before the 20th
(twentieth) day of each month in any case, and make out an O&M Inspection Report
setting forth an overview of the status, quality and safety of O&M including its
conformity with the Maintenance Requirements and Safety Requirements. In a separate
section of the O&M Inspection Report, the Independent Engineer shall describe in
reasonable detail the lapses, defects or deficiencies observed by it in O&M of the
Project. The Independent Engineer shall send a copy of its O&M Inspection Report to
the Authority and the Concessionaire within 7 (seven) days of the inspection.
6.5 The Independent Engineer may inspect the Project more than once in a month, if any
lapses, defects or deficiencies require such inspections.
6.6 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 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.
6.8 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.
6.9 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
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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.
6.10 The Independent Engineer shall monitor and review the curing of defects and
deficiencies by the Concessionaire as set forth in Clause 19.4.
6.11 In the event that the Concessionaire notifies the Independent Engineer of any
modifications that it proposes to make to the Project, 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.
6.12 The Independent Engineer shall undertake traffic sampling, as and when required by the
Authority, under and in accordance with the provision of this Agreement.
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 for determining
compliance by the Concessionaire with the Divestment Requirements set forth in Clause
32.1 and, if required, cause tests to be carried out at the Concessionaires 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 33.2, 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 once in every 15 (fifteen) days
during a period of 90 (ninety) days after Termination for determining the liability of the
Concessionaire under Article 33, in respect of the defects or deficiencies specified
therein. 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.
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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.
The Independent Engineer shall perform all other duties and functions specified in the
Agreement.
11. Miscellaneous
11.1 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.
11.3 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.
11.4 The Independent Engineer shall retain at least one copy each of all Drawings
and Documents received by it, including as-built Drawings, and keep them in its safe
custody.
11.5 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 their editable digital format or in such other medium as may be acceptable
to the Authority.
11.6 Wherever no period has been specified for delivery of services by the Independent
Engineer, the Independent Engineer shall act with the efficiency and urgency necessary
for discharging its functions in accordance with Good Industry Practice.
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Independent Engineers shall be expected to fully comply with all the provisions of the
Terms of Reference, and shall be fully responsible for supervising the Designs,
Construction and maintenance and operation of the facility takes place in accordance with
the provisions of the Concession Agreement and other schedules. Any failure of the
Independent Consultant in notifying to PWD and the Concessionaire on non-
compliance of the provisions of the Concession Agreement and other schedules 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 its authorized representative, who shall issue on
behalf of the IE, the Provisional Completion Certification and Completion Certificate
along with the Team Leader and shall carry out any such task as may be decided by
PWD. The IE shall take prior approval of PWD before issuing Provisional Completion
Certification and Completion Certificate. The proposal submitted shall also include the
name of the authorized representative along with the authorization letter and power of
attorney.
13.2 Broad job-description and minimum qualification for key personnel mentioned above is
enclosed as EnclosureB. However, higher marks shall be accorded to the Candidate
with higher relevant qualification and experience. The Consultant should feel free to
submit their proposal on the basis of the man-months which they consider to be
necessary to undertake the assignment. All the CVs of the personals mentioned in Para
5.3 (iii) of Data Sheet shall be evaluated at the time of evaluation of technical proposal.
The age of the Key Personnel should not be more than 65 years on the date of
submission of proposal. Age Limit for the positions of Team Leader, Resident
Engineer, Senior Pavement Specialist and Senior Quality cum M aterial Expert is
relaxable by 5 years i.e. upto 70 years of age at the time of submission of proposal
and he can continue upto 73 years, subject to production of Medical Fitness
Certificate. Consultants are advised in their own interest to frame the technical
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13.3 In addition to above, consultants are required to propose other key personnel, sub-
professional staff and other field engineers as detailed in Enclosure-A and the
minimum qualification requirements for the same is enclosed in EnclosureB.
14.1 The services of an Independent Engineer will be in phases as per Contract / Concession
Agreement.
14.1.1 The appointment of the Independent Engineer shall initially be as per details given
below.
The proposed manpower deployment for this period shall be matching the activities to be
performed during the said period. The time frame for services during the deployment of
key personnel during this period shall be as shown in Enclosure A.
The successful consulting firm shall have to submit a Bank Guarantee (BG) for an
amount of 2.50% of the Contract Value within 15 days of issue of LOA.
The BG shall be valid for a period of 38 months i.e. upto 2 months beyond the expiry of
the Contract of 36 months. The BG shall be in the format specified in Appendix I of
draft contract form and furnished from a Nationalised Bank, IDBI or ICICI/ICICI
Bank/Foreign Bank/EXIM Bank/Any Scheduled Commercial Bank approved by RBI
having a networth of not less than 500 crore as per latest Annual Report of the Bank. In
the case of a Foreign Bank (issued by a Branch in India) the networth in respect of
Indian operations shall only be taken into account. In case of Foreign Bank, the BG
issued by Foreign Bank should be counter guaranteed by any Nationalised Bank in
India. In case of JV, the BG shall be furnished on behalf of the JV and not individually
by the members.
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Enclosure -A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF
INDEPENDENT ENGINEERS
S. Man-m onth in Man-m onth in
Key Personnel
No. Construction period of Development and 6
24months months O&M perio d
A: Key Personnel
Note: (i) 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 PWD 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
This is the senior most position and the expert engaged as the team leader shall be
responsible for reviewing the entire Project preparation and implementation activities of
the Concessionaire.
He shall check all the Designs being prepared by the Concessionaire, ensure execution of
works on site as per specification and standards, and continuously interact with the PWD
and the Concessionaire.
He shall undertake Project site visits and shall guide, supervise, coordinate and monitor
the work of other experts in his team as well as those of the Concessionaire. The
candidate is required to be a Senior Highway Engineer, who should have a proven
record of supervising, organising and managing of construction of highway projects
and also of Project preparation of large magnitudes projects, as defined below, financed
by international lending agencies and others. Knowledge of Project management shall
be an added advantage.
He should have the following qualification/experience.
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(2) Only those projects will be considered for evaluation at Sl. No. 1(d), 1(e) & 1(f) above,
where the input of the personnel is one year, 6 months and 6 months respectively.
Shall review and check the traffic analysis, projection, and assignment exercises to be
carried out by the Concessionaire. He shall also review/design of intersections and
interchanges, toll plaza layout, toll collection method and user facilities, scheme for
traffic management during construction period. He shall also study and comment on
safety audit report prepared by the Concessionaire.
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2) Preferential Qualifications.
(a) Post Graduate Degree in Traffic Engineering.
The Resident cum Highway Engineer shall be responsible for supervising the works of
highway to be constructed by the Concessionaire for this project. He shall also inspect the
pavement rehabilitation and repair works to be undertaken by the Concessionaire.
The Bridge Engineer shall be responsible for supervising the works of bridges,
interchanges and any other structure to be constructed by the Concessionaire for this
project. He shall also inspect the bridge rehabilitation and repair works to be undertaken
by the Concessionaire. He should have thorough understanding and experience with
international `best practices of modern bridge construction technology.
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The Quality/Material Expert shall review the test results of bore holes, quarry and borrow
area material to find out their strength characteristics and suitability for using them
in construction. He shall inspect the Concessionaires field laboratories to ensure that
they are adequately equipped and capable of performing all the specified testing
requirements of the contract. He shall look into the quality assurance aspect of the
construction works and supervise the setting-up of the various Concessionaires rock
crushers and bituminous mixing plants to ensure that the specified requirements for such
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The Highway Engineer shall be responsible for the review of highway designs and drawings
using sophisticated computer software and also construction and O&M works. Should be a
graduate in Civil Engineering from a recognized University (higher qualifications will be
preferable); His expertise shall include computer aided design methods for Civil/Highway
Engineering with particular reference to CAD application to the geometric design for
highway rehabilitation and/or upgrading projects.
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FINANCIAL EXPERT
LEGAL EXPERT
Lawyer with over 8 years experience in contracts and financial documentation related to
project financing. Advisory experience in transportation would be desirable.
Shall be responsible for the overall Road Safety Aspect of the Project. He shall ensure that
safety provisions as per relevant codes are strictly followed at site during Construction of
Road and also during the Maintenance Period.
SUB PROFESSIONAL
SURVEY ENGINEER
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CAD EXPERT
ENVIRONMENTAL ENGINEER
The Candidate should be Graduate in Civil Engineering with 3 years experience. He should
have handled at least 1 major bridge project.
The Candidate should be Graduate in Civil Engineering with 3 years experience or diploma
in Civil Engineering with 5 years experience. He should have handled at least 1 road project.
ELECTRICAL ENGINEER
The candidate should be a senior Systems Engineer having experience of at least 15 Years.
He should be an expert in preparation of standards for projects of toll collection and HTMS.
He should have bachelors degree in Civil Engineering/Electronics/Computer Science/other
relevant areas. He should have experience of international latest practices in the field of
HTMS and tolling. He should have work experience on at least 2 similar projects in similar
capacity.
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.
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Note: This draft Agreement is a generic document and shall be modified based on particulars
of the DBFOT/DBOT Project.
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Between
(Name of Client)
And
(Name of Consultant)
Dated:
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CONTENTS
Page No.
I. FORM OF CONTRACT ..
1. General Provisions .
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2.7.1 Definition ..
2.7.2 No Breach of Contract ..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
2.9 Termination ..
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3.3 Confidentiality ..
3.4 Liability of the Consultants ..
3.5 Insurance to be Taken out by the Consultants
3.6 Accounting, Inspection and Auditing .
3.7 Consultants Actions requiring Clients prior Approval
3.8 Reporting Obligations ..
3.9 Documents prepared by the Consultants .
3.10 Be the Property of the Client ..
3.11 Equipment and Materials Furnished by the Client
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel
4.6 Resident Project Manager .
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8.
8.1 Amicable Settlement ..
8.2 Dispute Settlement .
V ANNEXURES....
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1. FORM OF CONTRACT
This CONTRACT (hereinafter called the Contract) is made the day of the
[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;
1. The following documents attached hereto shall be deemed to form an integral part
of this Contract:
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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)
FOR AND ON BEHALF OF
[NAME OF THE CONSULTANTS]
By
(Authorized Representative)
[Note: If the Consultants consist of more than one entity, all of these entities should
appear as signatures, e.g. in the following manner ]
By
(Authorized Representative)
By
(Authorized Representative)
etc.
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1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
(a) Applicable Law means the laws and any other instruments having the force of law
in the Governments country [or in such other country as may be specified in the
Special Conditions of Contract (SC)], as they may be issued and in force from time
to time.
(b) Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in Clause
1 of such signed Contract;
(c) Effective Date means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;
(d) foreign currency means any currency other than the currency of the Government;
(i) Member, in case the Consultants consist of a joint venture of more than one
entity, means any of these entities, and Members means all of these entities;
(j) Party means the Client or the Consultants, as the case may be, and Parties means
both of them;
(k) Personnel means persons hired by the Consultants or by any Sub-Consultants and
or Associates as Employees and assigned to the performance of the Services or any
part thereof; Foreign Personnel means such persons who at the time of being so
hired had their domicile outside the Governments Country, Local Personnel
means such persons who at the time of being so hired had their domicile inside the
Governments Country; and key personnel means the personnel referred to in
Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General Conditions
of Contract may be amended or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to his
contract, as described in Appendix A hereto. The scope of work will be strictly as
given in various Clauses in TOR. The approach and methodology to be adopted by
the Consultant for carrying out the assignment as Independent Engineer may be
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(n) "Sub-consultant and or Associates " means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause GC
3.7; and
(o) "Third Party" means any person or entity other than the Government, the Client, the
Consultants or a Sub-consultant.
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
1.4. Language
This Contract has been executed in the language specified in the SC, which shall be
the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
1.5. Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6. Notices
1.6.1. Any notice, request or consent required or permitted to be given or made pursuant to
this Contract shall be in writing. Any such notice, request or consent shall be
deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent
by registered mail, telegram or facsimile to such Party at the address specified in the
SC.
1.6.3. A Party may change its address for notice hereunder by giving the other Party notice
of such change pursuant to the provisions listed in the SC with respect to Clause GC
1.6.2.
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1.7. Location
In case the Consultants consist of a joint venture of more than one entity, the
Members hereby authorize the entity specified in the SC to act on their behalf in
exercising all the Consultants rights and obligations towards the Client under this
Contract, including without limitation the receiving of instructions and payments
from the Client.
This Contract shall come into force and effect on the date (the "Effective Date") of
the Client's notice to the Consultants instructing the Consultants to begin carrying
out the Services. This notice shall confirm that the effectiveness conditions, if any,
listed in the SC have been met.
If this Contract has not become effective within such time period after the date of
the Contract signed by the Parties as shall be specified in the SC, either Party may,
by not less than four (4) weeks' written notice to the other Party, declare this
Contract to be null and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with respect hereto.
The Consultants shall begin carrying out the Services at the end of such time
period after the Effective Date as shall be specified in the SC.
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2.6. Modification
Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services, may only be made by written agreement
between the Parties as the case may be, has been obtained. Pursuant to Clause GC
7.2 hereof, however, each Party shall give due consideration to any proposals for
modification made by the other Party.
2.7.1. Definition
a. For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes,
but is not limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, flood or other adverse weather conditions, strikes, lockouts or other
industrial action ( except where such strikes, lockouts or other industrial
action are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.
b. Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a party or such Party's Sub-consultants or
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the .time of
the conclusion of this Contract and (B) avoid or overcome in the carrying
out of its obligations hereunder.
c. Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
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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.
2.7.5. 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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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;
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.
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:
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-
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five (45) days after receiving written notice from the Consultants that such
payment is overdue;
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.
iv. any right which a Party may have under the Applicable Law
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.
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If either Party disputes whether an event specified in paragraphs (a) through (e) of
Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may,
within forty-five (45) days after receipt of notice of termination from the other
Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this
Contract shall not be terminated on account of such event except in accordance
with the terms of any resulting arbitral award.
3.1. General
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3.2.2. If the Consultants, as part of the Services, have the responsibility of advising the
Client on the procurement of goods, works or services, the Consultants shall
comply with any applicable procurement guidelines of the Client (PWD) and or
Associates Bank or of the Association, as the case may be, and other funding
agencies and shall at all times exercise such responsibility in the best interest of
the Client. Any discounts or commissions obtained by the Consultants in the
exercise of such procurement responsibility shall be for the account of the Client.
The Consultants shall not engage, and shall cause their Personnel as well as their
Sub-consultants and or Associates and their Personnel not to engage, either
directly or indirectly, in any of the following activities:
a. during the term of this Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to
them under this Contract; and
b. after the termination of this Contract, such other activities as may be
specified in the SC.
3.3. Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall
not, either during the term or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information relating to the
Project, the Services, this Contract or the Client's business or operations without
the prior written consent of the Client.
Subject to additional provisions, if any, set forth in the SC, the Consultants
liability under this Contract shall be as provided by the Applicable Law.
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.
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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.
The Consultants shall obtain the Client's prior approval in writing before taking any
of the following actions:
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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4.1. General
The Consultants shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services.
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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.
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 remuneration to be paid to any
of the Key Personnel provided as a replacement shall be 90% of the
remuneration which would have been payable to the Key Personnel
replaced. However, for the reason other than death/extreme medical ground,
(i) for total replacement upto 33% of key personnel, remuneration shall be
reduced by 20% (ii) for total replacement upto between 33% to 50%,
remuneration shall be reduced by 25% and (iii) for total replacement upto
between 50% to 66%, remuneration shall be reduced by 30% (iv) For total
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replacements beyond 66% of the key personnel the client shall initiate action
of higher penalty/termination/debarment upto 2 years as considered
appropriate.
5.1. a. provide the Consultants, Sub-consultants and Personnel with work permits
and such other documents as shall be necessary to enable the Consultants,
5.1. Sub-consultants or Personnel to perform the Services;
5.1. e. assist the Consultants and the Personnel and any Sub-consultants and or
Associates employed by the Consultants for the Services from any
5.1. requirement to register or obtain any permit to practice their profession or to
establish themselves either individually or as a corporate entity according to
5.1. the Applicable Law;
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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.
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b. As soon as practicable and not later than fifteen (15 days) after the end of
each calendar month during the period of the Services, the Consultants shall
submit to the Client, in duplicate, itemized statements, accompanied by
copies of receipted invoices, vouchers and other appropriate supporting
materials, of the amounts payable pursuant to Clauses GC 6.3 and 6.4 for
such month. Monthly statements shall be submitted in respect of amounts
payable in local currency. Each such separate monthly statement shall
distinguish that portion of the total eligible costs which pertains to
remuneration from that portion which pertains to reimbursable expenditures.
c. The Client shall cause the payment of the Consultants periodically as given
in schedule of payment above within sixty (60) days after the receipt by the
Client of bills with supporting documents. Only such portion of a monthly
statement that is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual payment and costs
authorized to be incurred by the Consultants, the Client may add or subtract
the difference from any subsequent payments. Interest at the rate specified in
the SC shall become payable as from the above due date on any amount due
by, but not paid on. such due date
d. The final payment under this Clause shall be made only after the final report
and a final statement, identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Client. The Services shall be
deemed completed and finally accepted by the Client and the final report and
final statement shall be deemed approved by the Client as satisfactory ninety
calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90)-day period, gives written
notice to the Consultants specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall thereupon promptly
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e. All payments under this Contract shall be made to the account of the
Consultants specified in the SC.
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between
them, and without detriment to the interest of either of them, and that, if during the
term of this Contract either Party believes that this Contract is operating unfairly,
the Parties will use their best efforts to agree on such action as may be necessary to
remove the cause or causes of such unfairness, but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause GC 8 hereof.
8. Settlement of Disputes
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1 (a) The words in the Governments country are amended to read in INDIA
Fax: 0141-5110547
Consultants:
Attention:
Cable address :
Telex :
Facsimile :
(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)
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1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes,
duties, fees, levies and other impositions levied under the existing, amended
or enacted laws during life of this contract and the client shall perform such
duties in regard to the deduction of such tax as may be lawfully imposed.
2.2 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 36 months (6 months for Development Period, 24
month for construction period and 6 months for O&M period)
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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.
b. Third Party liability insurance with a minimum coverage, of Rs. 1.0 million
for the period of consultancy.
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"(i) taking any action under a civil works contract designating the Consultants as
"Engineer", for which action, pursuant to such civil works contract, the written
approval of the Client as "Employer" is required".
3.9 The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix C
shall serve in that capacity, as specified in Clause GC 4.6."
i) Deleted.
ii) Remuneration paid in local currency pursuant to the rates set forth in
Appendix H shall be adjusted every twelve (12) months (and, the first time,
with effect for the remuneration earned in the 13 th calendar month after the
date of the contract) by 5% per annum for all items of contract inter alia
including vehicle hire, office rent, consumables, furniture etc.
(2) Remuneration for periods of less than one month shall be calculated on an
hourly basis for actual time spent in the Consultants' home office and directly
attributable to the Services (one hour being equivalent to 1/240th of a month)
and on a calendar-day basis for time spent away from home office (one day
being equivalent to 1/30th of a month).
6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix G and
the rates for local Personnel, in Appendix H.
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1. a per diem allowance for each of the Personnel for every day in which
such Personnel shall be absent from his home office and shall be outside
India for the purpose of the Services at the daily rate specified in
Appendix G.
iv. for the air travel of each of the foreign Personnel, and each eligible
dependent, the cost of excess baggage up to twenty (20) kilograms
per person, or the equivalent in cost of unaccompanied baggage or air
freight; and
v. miscellaneous travel expenses such as the cost of transportation to
and from airports, airport taxes, passport, visas, travel permits,
vaccinations, etc. at a fixed unit price per round trip as specified in
Appendix G .
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7. the cost of programming and use of, and communication between, the
computers for the purposes of the Services at the rate set forth in
Appendix G;
9. the cost of laboratory tests on materials, model tests and other technical
services authorized or requested by the Client, as specified in Appendix
G;
10. the cost of any subcontract required for the Services and approved in
writing by the Client;
11. the cost of items not covered in the foregoing but which may be
required by the Consultants for completion of the Services, subject
to the prior authorization in writing by the Client; and
12. any such additional payments for properly procured items as the
Parties may have agreed upon pursuant to the provisions of
clause GC6.1(c),
[Note: Items that are not applicable should be deleted; others may be
added]
6.3(b) (iii) The reimbursable expenditures in local currency shall be the following:
3) a living allowance for each of the long-term foreign Personnel (twelve (12) months
or longer consecutive stay in India) at the rates specified in Appendix H;
4) the cost of the following locally procured items: local transportation, office
accommodations, camp facilities, camp services, subcontracted services, soil testing,
equipment rentals, supplies, utilities and communication charges arising in India, all
if and to the extent required for the purpose of the Services, at rates specified in
Appendix H;
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6) the local currency cost of any subcontract required for the Services and approved
in writing by the Client;
7) any such additional payments in local currency for properly procured items as the
Parties may have agreed upon pursuant to the provisions of Clause GC 6.1(c);
and
8) the cost of such further items as may be required by the Consultants for the
purpose of the Services, as agreed in writing by the Client.
6.4(a) The following provisions shall apply to the interest bearing advance payment and the
advance payment guarantee :
3) Interest rate shall be 10% per annum (on outstanding amount) for local
currency.
a. Where the Parties agree that the dispute concerns a technical matter, they
may agree to appoint a sole arbitrator or, failing agreement on the identity
of such sole arbitrator or within thirty (30) days after receipt by the other
Party of the proposal of a name for such an appointment by the Party who
initiated the proceedings, either Party may apply to the President, Indian
Roads Congress, New Delhi, for a list of not fewer than five nominees and,
on receipt of such list, the Parties shall alternately strike names there from,
and the last remaining nominee on the list shall be the sole arbitrator for the
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matter in dispute. If the last remaining nominee has not been determined in
this manner within sixty (60) days of the date of the list, the President,
Indian Roads Congress, New Delhi, shall appoint, upon the request of either
Party and from such list or otherwise, a sole arbitrator for the matter in
dispute.
b. Where the Parties do not agree that the dispute concerns a technical matter,
the Client and the Consultants shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the arbitrators named by the Parties do not succeed in
appointing a third arbitrator within thirty (30) days after the latter of the
two arbitrators named by the Parties has been appointed, the third arbitrator
shall, at the request of either Party, be appointed by Secretary, the Indian
Council of Arbitration, New Delhi.
c. If, in a dispute subject to Clause SC 8.2.1 (b ), one Party fails to appoint its
arbitrator within thirty (30) days after the other Party has appointed its
arbitrator, the Party which has named an arbitrator may apply to the
Secretary, Indian Council of Arbitration, New Delhi, to appoint a sole
arbitrator for the matter in dispute, and the arbitrator appointed pursuant to
such application shall be the sole arbitrator for that dispute.
b. The English language shall be the official language for all purposes; and
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IV. APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of various
tasks, place of performance for different tasks; specific tasks to be approved by Client,
etc.]
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[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".}
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[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. "]
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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 Rajasthan as Holidays with
prior approval of Project Director. The Consultant shall work as per the work program of
the concessionaire. In this context in case. The work plan of the Consultant needs suitable
modifications, the same shall be carried out and submitted to the client for consideration.
The Consultants hours of work normally shall match with that of Contractors activities on
the site. No extra remuneration shall be claimed or paid for extra hours of work required in
the interest of Project completion.
In respect of foreign personnel, one day per trip as travel time from and to the country of
the Government shall be allowed.
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Appendix F:
Duties of the Client
1. Access to the quality control laboratory for performing various types of tests,
which will be provided by the concessionaire including the testing personnel.
3. To ensure availability of the Detailed Work plan and Programme for Design
and Construction of Project Highways from Concessionaire.
6. Necessary letters, which will be required for Visas of foreign personnel and
procuring other services by the consultant for performing project services.
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1. Monthly rates for foreign Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures:
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1. Monthly rates for local Personnel (Key Personnel and other Personnel)
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(Clause-15 of TOR)
To
The Additional Chief Engineer (PPP),
Public works Department of Rajasthan,
Jacob Road JAIPUR
India
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 upto 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 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.
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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 38 months i.e. upto 2 months beyond the expiry of
contract of 36 months.
Date
1
Give names of all partners if the Consultants is a Joint Venture.
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(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Date:
Dear Sir,
The Client shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the contract by the Consultant. The Client shall have the fullest liberty without
affecting this guarantee, to postpone from time to time the exercise of any powers vested in
them or of any right which they might have against the Client and to exercise the same at any
time in any manner, and either to enforce or to forebear to enforce any covenants, contained
or implied, in the Contract between the Client and the Consultant any other course or remedy
or security available to the Client. The bank shall not be relieved of its obligations under
these presents by any exercise by the Client of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission or commission on the part of the Client or any other indulgence shown by the Client
or by any other matter or thing whatsoever which under law would but for this provision have
the effect of relieving the Bank.
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
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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_____________ 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.
WITNESS
__________________________ _______________________
(signature) (signature)
__________________________ _______________________
(Name) (Name)
__________________________ _______________________
__________________________ _______________________
(Official Address) Designation (with Bank stamp)
Attorney No.__________________
Dated________________________
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues
the "Bank Guarantee.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank Guarantee furnished by Foreign consultant shall be confirmed by any
Nationalized Bank in India.
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Appendix K
Letter of invitation
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Appendix L
Letter of Award
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Appendix M
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Appendix-N
Memorandum of Understanding
between
_____________________
And
__________________________
Whereas Public works Department of Rajasthan (hereinafter called PWD) has invited proposal
for appointment of Independent Engineer for __________________(Name of project)
hereinafter called the Project.
(i) ___________ will be the lead partner and ____________ will be the other JV
partner/s.
(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 PWD (Consultant may
submit the detailed MOU along with percentage sharing of cost at the time of bidding
also).
_______________________
Managing Director/Head of the Firm Address
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