REQUEST FOR PROPOSALS CONSULTANCY SERVICES FOR DPR ON CONSTRUCTION OF FLYOVER … · 2019-05-03 ·...

Annexure VIII

K/C - 8

REQUEST FOR PROPOSALS

CONSULTANCY SERVICES FOR DPR ON CONSTRUCTION OF FLYOVER FROM NH-4

TO CENTRAL BUS TERMINUS VIA ASHOK CIRCLE WITH APPROACHES IN

BELAGAVI CITY

MANAGING DIRECTOR

BELAGAVI SMART CITY LTD, OPP. POLICE STATION,

TILAKWADI, BELGAUM, KARNATAKA- 590006

1

Consultant Managing Director

CONTENTS

SECTION 1. LETTER OF INVITATION ......................................................................................... 2

SECTION 2. INFORMATION TO CONSULTANTS .................................................................... 4

DATA SHEET ..................................................................................................................................... 13

SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS ................................................ 19

SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS ................................................. 32

SECTION 5 TERMS OF REFERENCE (TOR) .............................................................................. 40

SECTION 6. CONTRACT FOR CONSULTANT’S SERVICES ............................................... 72

I. FORM OF CONTRACT .................................................................................................... 75

II. GENERAL CONDITIONS OF CONTRACT ................................................................ 78

III. SPECIAL CONDITIONS OF CONTRACT ................................................................. 91

APPENDICES ......................................................................................................................... 96

2


SECTION1. LETTER OF INVITATION

Dated

Gentleman:

1. The Managing Director, Belagavi Smart City Ltd (BSCL), Belagavi invites Proposals to provide:

CONSULTANCY SERVICES FOR CONSTRUCTION OF FLYOVER IN BELAGAVI CITY.

More details on the Services are provided in the attached Terms of Reference.

2. The task involves: consultancy services for type suggestion with alternative proposal with most

economic and safe design, estimation and Assisting in bid Process.

3. The Consultant will be selected under Least Cost Selection (LCS) procedures described in this

RFP.

4. The RFP includes the following documents:

Section 1 - Letter of Invitation

Section 2 - Information to Consultants

Section 3 – Technical proposal –Standard forms

Section 4 –Financial proposal –Standard forms

Section 5 –Terms of references

Section 6 –Standard form of contract

6. Joint Venture is not accepted under this service

7. To qualify for award of this contract:

a) The bidder shall furnish EMD of Rs.74,000 through e-procurement.

b) The bidder shall have minimum annual turnover of Rs. 36.80 Lakhs for at least two years

during the previous five years. (2013-14 to 2017-18)

c) The bidder shall have satisfactorily completed, as a prime consultant, at least one similar nature of work (preparation of DPR for construction of flyover) of value not less than 50 crores during the previous five years. (2013-14 to 2017-18). Necessary certificate issued by an officer not below the rank of the Executive Engineer or Equivalent is to be uploaded.

d) The bidder shall be empaneled consultant, Category-I(B), MoRT&H, Govt of India.

3


e) Consultant shall produce the ownership or hire certificates for required equipment‟s as below

Sl.

No.

Equipment Minimum No required

Own Hire

1 Total Station-Minimum 1 second least

count- (Must Own)

01No 01No

2 Dumpy level 01No 01No

3 Computers with Auto CAD or

equivalent (No. of licenses to own)

05 No. -

4 3DS Max or equivalent (No. of Licenses

to own)

01 No. -

5 Jet plotter 01 No. 01 No

Yours sincerely

Managing Director

Belagavi Smart City Ltd

4


SECTION 2. INFORMATION TO CONSULTANTS

1. INTRODUCTION

1.1 The Employer named in the “Data Sheet” will select a firm among those who will submit

the proposals (Technical proposal and financial Proposal) for the assignment mentioned in

the Data Sheet, in accordance with the Method of Selection indicated in the Data Sheet.

1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, as

specified in the Data Sheet (the Proposal) for consulting services required for the

Assignment named in the Data Sheet. The Proposal will be the basis for contract

negotiations and ultimately for a signed contract with the selected Consultant.

1.3 The Assignment shall be implemented in accordance with the phasing indicated in the Data

Sheet. When the Assignment includes several phases, the performance of the consultant

under each phase must be to the Client‟s satisfaction before work begins on the next phase.

1.4 The Consultants must familiarize themselves with local conditions and take them into

account in preparing their Proposals. To obtain first-hand information on the Assignment

and on the local conditions, consultants are encouraged to pay a visit to the Client before

submitting a Proposal. The Consultant‟s representative should contact the officials named

in the Data Sheet to arrange for their visit or to obtain additional information on the pre-

proposal conference. Consultants should ensure that these officials are advised of the visit

in adequate time to allow them to make appropriate arrangements.

1.5 The Client will provide the inputs specified in the Data Sheet, assist the firm in obtaining

licenses and permits needed to carry out the services, and make available relevant project

data and reports.

1.6 Please note that (i) the costs of preparing the proposal and of negotiating the contract,

including a visit to the Client Belagavi, are not reimbursable as a direct cost of the

Assignment; and (ii) the Client is not bound to accept any of the Proposals submitted.

1.7 Government of Karnataka (GOK) expects consultants to provide professional, objective,

and impartial advice and at all times hold the Client interest‟s paramount, without any

consideration for future work, and strictly avoid conflicts with other assignments or their

own corporate interests. Consultants shall not be hired for any assignment that would be in

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conflict with their prior or current obligations to other Client, or that may place them in a

position of not being able to carry out the assignment in the best interest of the Client.

1.7.1 Without limitation on the generality of this rule, consultants shall not be hired under the

circumstances set forth below:

(a) A firm which has been engaged by the Client to provide goods or works for a

project, and any of their affiliates, shall be disqualified from providing consulting

services for the same project. Conversely, firms hired to provide consulting services

for the preparation or implementation of a project, and any of their affiliates, shall

be disqualified from subsequently providing goods or works or services related to

the initial assignment (other than a continuation of the firm‟s earlier consulting

services) for the same project.

(b) Consultants or any of their affiliates shall not be hired for any assignment which,

by its nature, may be in conflict with another assignment of the consultants.

1.7.2 as pointed out in para. 1.7.1 (a) above, consultants may be hired for downstream work, when

Continuity is essential, in which case this possibility shall be indicated in the Data Sheet

and the factors used for the selection of the consultant should take the likelihood of

continuation into account. It will be the exclusive decision of the Client whether or not to

have the downstream assignment carried out, and if it is carried out, which consultant will

be hired for the purpose.

1.8 It is GOK‟s policy to require that consultants observe the highest standard of ethics during

the execution of such contracts. In pursuance of this policy, the GOK:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

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

of value to influence the action of a public official in the selection process or in

contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a

selection process or the execution of a contract to the detriment of GOK, and

6


includes collusive practices among consultants (prior to or after submission of

proposals) designed to establish prices at artificial, noncompetitive levels and to

deprive GOK of the benefits of free and open competition.

(b) will reject a proposal for award if it determines that the firm recommended for

award has engaged in corrupt or fraudulent activities in competing for the contract

in question;

(d) will declare a firm ineligible, either indefinitely or for a stated period of time, to be

awarded GOK-financed contract if it at any time determines that the firm has

engaged in corrupt or fraudulent practices in competing for, or in executing, a

GOK-financed contract; and

(e) Will have the right to require that, GOK to inspect consultant‟s accounts and

records relating to the performance of the contract and to have them audited by

auditors appointed by GOK.

1.9 Consultants shall not be under a declaration of ineligibility for corrupt and fraudulent

practices issued by GOK in accordance with the above sub Para 1.8 (d).

1.10 Consultants shall be aware of the provisions on fraud and corruption stated in the standard

contract under the clauses indicated in the Data Sheet.

2. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS

2.1 Consultants may request a clarification of any item of the RFP document up to the number of

days indicated in the Data Sheet before the Proposal submission date.

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 an invited firm, modify the RFP

documents by amendment. Addenda shall be displayed in the e-procurement website. The

employer may at its own discretion extend the deadline for the submission of proposal.

7


3. PREPARATION OF PROPOSAL

3.1 Consultants are requested to submit a Proposal (para 1.2) written in the language(s)

specified in the Data Sheet.

Technical Proposal

3.2 In preparing the Technical Proposal, consultants are expected to examine the documents

comprising this RFP in detail. Material deficiencies in providing the information requested

may result in rejection of a Proposal.

3.3 While preparing the Technical Proposal, consultants must give particular attention to the

following:

(i) Joint Venture is not allowed in this contract.

(ii) For assignments on a staff-time basis, the estimated number of key professional

staff-months is given in the Data Sheet. The proposal shall, however, be based on

the number of key professional staff-months estimated by the firm.

(iii) It is desirable that the majority of the key professional staff proposed be permanent

employees of the firm or have an extended and stable working relation with it.

(iv) Proposed key professional staff must at a minimum have the experience indicated

in the Data Sheet.

(v) Alternative key professional staff shall not be proposed, and only one curriculum

vitae (CV) may be submitted for each position.

(vi) Reports to be issued by the consultants as part of this assignment must be in the

language(s) specified in the Data Sheet. It is desirable that the firm‟s personnel

have

a working knowledge of the Client official language.

3.4 The Technical Proposal should provide the following information using the attached

Standard Forms (Section 3):

(i) A brief description of the consultant‟s organization and an outline of recent

experience on assignments (Section 3B) of a similar nature. For each assignment,

the outline should indicate, inter alia, the profiles and names of the staff provided,

8


duration of the assignment, contract amount, and firm‟s involvement.

(ii) Any comments or suggestions on the Terms of Reference and on the data, a list of

services, and facilities to be provided by the Client (Section 3C).

(iii) A description of the methodology and work plan for performing the assignment

(Section 3D).

(iv) The list of the proposed staff team by specialty, the tasks that would be assigned to

each staff team member, and their timing (Section 3E).

(v) CVs recently signed by the proposed key professional staff and the authorized

representative submitting the proposal (Section 3F). Key information should

include number of years working for the firm/entity, and degree of responsibility

held in various assignments during the last ten (10) years.

(vi) Estimates of the total staff effort (professional and support staff; staff time) to be

provided to carry out the Assignment, supported by bar chart diagrams showing the

time proposed for each key professional staff team member. (Sections 3E and 3G).

(vii) A detailed description of the proposed methodology, staffing, and monitoring of

training, if the Data Sheet specifies training as a major component of the

assignment.

(viii) Any additional information requested in the Data Sheet.

3.5 The Technical Proposal shall not include any financial information

Financial Proposal

3.6 In preparing the Financial Proposal, consultants are expected to consider the requirements

and conditions of the RFP documents. The Financial Proposal should follow Standard

Forms (Section 4). It lists all costs associated with the Assignment, including (a)

remuneration for staff, and (b) reimbursable such as subsistence (per diem, housing),

transportation (national and local, for mobilization and demobilization), services and

equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance,

printing of documents, surveys; and training, if it is a major component of the assignment.

If appropriate, these costs should be broken down by activity.

9


3.7 Consultants shall express the price of their services in Indian Rupees.

3.8 The Data Sheet indicates how long the proposals must remain valid after the submission

date. During this period, the consultant is expected to keep available the key professional

staff proposed for the assignment. The Client will make its best effort to complete

negotiations within this period. If the Client wishes to extend the validity period of the

proposals, the consultants who do not agree have the right not to extend the validity of their

proposals.

4. SUBMISSION, RECEIPT, AND OPENING OF PROPOSALS

4.1 The electronic tendering system for the assignment comprises of two proposals (i)

Technical Proposal and (ii) Financial Proposal. The proposals must be electronically

submitted (online) within the date and time published in e-procurement portal.

4.2 The proposal shall contain no alterations or additions, except those to comply with

instructions issued by the employer that are duly incorporated.

4.3 Each page uploaded pertaining to the consultant‟s eligibility criteria, essential conditional

criteria, financial criteria documents etc. shall be duly signed and sealed by the consultant

or a person or persons duly authorized to sign on behalf of the consultant. Such

authorization shall be indicated by a written power of attorney accompanying he proposal.

The corrections, if any shall be made by striking of and shall be initialed with date.

4.4 No physical document shall be considered. All the participants shall produce all the

original documents for verification whenever necessary.

4.5 The completed Technical and Financial Proposal must be submitted before the deadline

specified. Client is not responsible, if a delay is caused which may be attributable snag.

4.6 After the deadline for submission of proposals the Technical Proposal shall be opened

through e-procurement at the date mentioned. The Financial proposal of only those

10


qualified tenderers whose technical score had fulfilled the minimum required Technical

score will be opened through e-procurement.

5. PROPOSAL EVALUATION

General

5.1 From the time the proposals are opened to the time the contract is awarded, if any

consultant wishes to contact on any matter related to its proposal,it should do so in writing

at the address indicated in the Data Sheet. Any effort by the firm to influence the Client in

the client‟s proposal evaluation, proposal comparison or contract award decisions may

result in the rejection of the consultant‟s proposal.

5.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the

technical evaluation, including its approval by competent authority is obtained

Evaluation of Technical Proposals

5.3 The evaluation committee appointed by and each of its members individually, evaluates the

proposals on the basis of their responsiveness to the Terms of Reference, applying the

evaluation criteria, sub-criteria (typically not more than three per criteria) and point system

specified in the Data Sheet. Each responsive proposal will be given a technical score (St).

A proposal shall be rejected at this stage if it does not respond to important aspects of the

Terms of Reference or if it fails to achieve the minimum technical score indicated in the

Data Sheet.

Public Opening and Evaluation of Financial Proposals; Ranking

5.4 After the evaluation of quality is completed. The Financial Proposal shall be opened

through e-procurement.

5.5 Deleted

5.6 The financial proposal shall be complete and should be inclusive of all taxes and costs.

11


5.7 The Client will select the lowest proposal (evaluated price) among those have passed the

minimum technical score. The selected Consultant will be invited for negotiations.

6. NEGOTIATIONS

6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to reach

agreement on all points and sign a contract.

6.2 Negotiations will include a discussion of the Technical Proposal, the proposed

methodology (work plan), staffing and any suggestions made by the firm to improve the

Terms of Reference. The Client and Consultant will then work out final Terms of

Reference, staffing, and bar charts indicating activities, staff, periods in the field and in the

home office, staff-months, logistics, and reporting. The agreed work plan and final Terms

of Reference will then be incorporated in the “Description of Services” and form part of

the contract. Special attention will be paid to getting the most the Consultant can offer

within the available budget and to clearly defining the inputs required from the Client to

ensure satisfactory implementation of the Assignment.

6.3 Unless there are exceptional reasons, the financial negotiations will involve neither the

remuneration rates for staff (no breakdown of fees) nor other proposed unit rates.

6.4 Having selected the Consultant on the basis of, among other things, an evaluation of

proposed key professional staff, the client expects to negotiate a contract on the basis of the

experts named in the Proposal. Before contract negotiations, the client will require

assurances that the experts will be actually available. The client will not consider

substitutions during contract negotiations unless both parties agree that undue delay in the

selection process makes such substitution unavoidable or that such changes are critical to

meet the objectives of the assignment. If this is not the case and if it is established that key

staff was offered in the proposal without confirming their availability, the Consultant may

be disqualified.

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6.5 The negotiations will conclude with a review of the draft form of the contract. To complete

negotiations the client and the Consultant will initial the agreed contract. If negotiations

fail, the client will invite the firm who has quoted the second lowest price for negotiations.

The process will be repeated till an agreed contract is concluded.

7. AWARD OF CONTRACT

7.1 The contract will be awarded following negotiations. The EMDs of those consultants who

did not pass the technical shall be returned.

7.2 The Consultant is expected to commence the Assignment on the date and at the location

specified in the Data Sheet.

8. CONFIDENTIALITY

8.1 Information relating to evaluation of proposals and recommendations concerning awards

shall not be disclosed to the consultants who submitted the proposals or to other persons not

officially concerned with the process until the winning Consultant has been notified that it

has been awarded the contract.

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DATA SHEET

Information to Consultants

Clause

Referenc

e

1.1 The name of the Client is: Managing Director,Belagavi Smart City Ltd, Belagavi.

The method of selection is: Least Cost Selection (LCS)

1.2 A technical and a financial proposal are requested: Yes.

The name, objectives and description of the Assignment are: as detailed in the General

Information Report. Under Technical Proposal Clause 1

1.3 The Assignment is phased: No

1.4 A Pre-proposal meeting will be held on as per e-proc in the office of the Managing

Director, BSCL, Belagavi.

The name(s), address(es), and telephone/numbers of the Clients official(s) are:

Managing Director, BSCL, Belagavi.

1.5 The Client will provide the following inputs: Available information.

1.7.2 The Client envisages the need for continuity for downstream work: No

1.11 The clauses on fraud and corruption in the contract are Sub-Clause 2.7.1 of G.C.C.

2.1 Clarifications may be requested up to one day prior pre-proposal meeting.

The Address for requesting clarifications is: The Managing Director, BSCL, Belagavi.

3.1 Proposal should be submitted in the following language(s): English

3.3 (i) Deleted

(ii) The estimated number of key professionals required for the assignments: to be

furnished by Consultant based on the scope of work.

14


(iv) The minimum required experience of proposed key professional staff is: minimum 5

years‟ experience in the fields with appropriate qualification from a recognized institution as

detailed under

Key Personnel Educational

Qualification

Length of

Professional

Experience

Experience on Eligible

Assignments

Senior Highway

Engineer – cum -

Team leader

Graduate in Civil

Engineering

10 years He should have led the

DPR study teams for two

Eligible Assignments.

Bridge/Structural

Engineer

Graduate in Civil

Engineering

10 years He should have worked as

a Bridge Engineer for two


Traffic - cum-

Safety Expert

Post Graduate in Traffic

and/ or Transportation

Engineering/ Planning


a Traffic/ Transportation

Engineer/ Planner for two


Surveyor Diploma in Surveying

or Graduate/Diploma in

Civil Engineering


Surveyor for two Eligible

Assignments.

Financial Analyst Post Graduate in

Commerce/ Chartered

Accountant or

equivalent

7 years He should have

undertaken financial

analysis and modelling

for two Eligible

Assignments

Environmental

Expert

Masters/ Bachelor in

Environmental Science

or equivalent

7 years He should have led the

environmental impact

assessment teams or

worked as a sole expert

for two Eligible

Assignments.

vi) Reports which are part of the assignment must be written in the following language:

English

3.4 vii) Training is an important feature of this Assignment: Training will be imparted

on understanding of the DPR output files and its usages.

15


(viii) Additional Information in the Technical Proposal includes: The following

points are mandatory for Consultants to qualify for the assignment.

1) The Agency shall be an Indian company/firm without any joint venture

or tie-up or association with any company/firm, shall possess valid

service Tax Registration and other statutory registrations.

2) Consultant shall have an Annual turnover of minimum Rs. 36.80 lakhs

for at least 2 years in the past 5 years (2013-14 to 2017-18)

3) The Consultant shall have satisfactorily completed as prime

consultants, at least one similar work of value not less than Rs 50crores

during the previous five years. (2013-14 to 2017-18).

4) Statement of works in hand and extent of balance work shall be

enclosed.

5) Consultant shall produce the ownership or hire certificates for required

equipment‟s as below

Sl.

No.

Equipment Minimum No‟s required

Own Hire

1 Total Station-Minimum 1 second least

count- (Must Own)

01No 01No

2 Dumpy level 01No 01No

3 Auto CAD or equivalent (No. of

licenses to own)

05 No. -

4 3DS Max or equivalent (No. of Licenses

to own)

01 No. -

5 Jet plotter 01 No. 01 No

6) Consultant shall own computer setup with latest computers, printers,

plotter and required peripherals.

Note: 1) All necessary certificates to be enclosed shall be issued by an office not below

the rank of an Executive Engineer or District Level Officer.

16


2) Original Certificates only shall be scanned and uploaded.

3) Original invoices showing product serial Nos. shall only be scanned and

uploaded.

Note: Necessary proof of ownership along with the serial number, make and model of all

the above equipment to be enclosed.

3.10 Proposal must remain valid for 120 days after the submission date

4.3 Deleted

4.4 Deleted

4.5 As per E-proc

5.1 The Address to send information to the client is: The Managing Director, BSCL,

Belagavi.

5.3 The number of points to be given under each of the evaluation criteria are:

Sl. No. Descriptions Total Max points

1 Specific experience of the consultant related to the

assignment (Asper clause 3.3 iv above)

05

2 Adequacy of the proposed work plan and methodology in

responding to the TOR

25

3 Qualification and competence of the Key Professional

staff for the assignment (Asper clause 3.3 iv above)

a) Principal Sr. Highway Engineer-cum-Team

Leader ………………… 20 points

b) Senior Bridge/Structural Engineer …….15 points

c) Traffic-cum-Safety Expert …………...05 points

d) Environmental Specialist ………………05 points

e) Senior Site engineer 05 points

f) Senior Surveyor ……………….05 points

55

17


4 Equipment‟s required as per 3.4 05

5 Suitability of transfer to knowledge 10

Total points 100

The number of points to be given for qualifications and competence of the key professional

staff for the assignment are:

(i) General qualification 30 points

Educational Qualification

Experience in Consultancy field

(ii) Adequacy for the project 60 points

Experience in project consultancy work for flyovers

(iii) Experience in the region and language 10 points

Knowledge in kannada and english

Total Points 100 points

The minimum technical score required to pass is 75 Points

6.1 The address for negotiations is: The Managing Director, BSCL, Belagavi,

7.2 The Assignment is expected to commence in Nov 2018.

Sincerely

Managing Director

BSCL, Belagavi.

18


19


SECTION 3. TECHNICAL PROPOSAL - STANDARD FORMS

3A. Technical Proposal submission form.

3B. Consultant‟s references.

3C. Comments and suggestions on the Terms of Reference and on data

services, and facilities to be provided by the Client.

3D. Description of the methodology and work plan for performing the

assignment.

3E. Team composition and task assignments.

3F. Format of Curriculum Vitae of proposed key professional staff.

3G. Time schedule for professional personnel.

3H. Activity (work) schedule.

20


3A. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

FROM: (Name of Consultant) TO: Managing Director, BSCL, Belagavi

Ladies/Gentlemen:

Subject: Hiring of Consultancy Service for --------------------------

------------------------------------------------------ Technical Proposal.

We, the undersigned, offer to provide the consulting services for the above in accordance

with your Request for Proposal dated [Date], and our Proposal. We are hereby submitting our

Proposal which includes this Technical Proposal, and a Financial Proposal sealed under a separate

envelope.

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.

We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:

21


Name of Consultant:

Address:

22


3B. CONSULTANT’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each reference assignment for which your

firm/entity, either individually as a corporate entity or as one of the major companies within an

association, was legally contracted.

Assignment Name: Country:

Location within Country: Key professional staff Provided by

Your Firm/entity(profiles):

Name of Client: No. of Staff:

Address: No. of Staff-Months; duration of

assignment:

Start Date (Month/Year): Completion Date

(Month/Year):

Approx. Value of Services (Rs.M):

Name of Associated Consultants, if any: No. of Months of Key professional

staff, provided by Associated

Consultants: Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions

performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Consultant‟s Name:

23


3C. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF

REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY

THE CLIENT

On the Terms of Reference:

1.

2.

3.

4.

5.

On the data, services, and facilities to be provided by the Client

1.

2.

3.

4.

5.

24


CONSULTANT’S NAME:

3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN

FOR PERFORMING THE ASSIGNMENT

25


3E. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/ Managerial Staff

Sl. No. Name Position Task

1.

2.

3.

4.

..

..

2. Support Staff

Sl. No. Name Position Task

1.

2.

3.

4.

..

..

26


27


3F. FORMAT OF CURRICULUM VITAE (CV) FOR

PROPOSED KEY PROFESSIONAL STAFF

Proposed Position:

Name of Consultant:

Name of Staff:

Profession:

Date of Birth:

Years with Firm/Entity: __________________________ Nationality:

Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.

Describe degree of responsibility held by staff member on relevant previous assignments and give

dates and locations. Use about half a page.]

Education:

[Summarize college/university and other specialized education of staff member, giving names of

schools, dates attended, and degrees obtained. Use about one quarter of 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, names of employing organizations, titles of

28


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 two pages.]

29


Languages:

[For each language indicate proficiency: excellent, good, fair, or poor; in speaking, reading, and

writing ]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe

me, my qualifications, and my experience.

Dated

[Signature of s ta f fmember and authorized representative of the Consultant]Day/Month/Year

Full name of staff member:

Full name of authorized representative:

30


3G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the form of a Bar Chart)*

Sl. No. Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months

1.

2.

Subtotal (1)

3.

Subtotal (2)

4.

Subtotal (3)

Subtotal (4)

Full-time: Part-time:

Reports Due:

Activities Duration: Signature:

* The Schedule should be for the period of completion of assignment (Authorized Representative)

Full Name:

Title:

Address:

31


3H. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items:

Month wise Program (in form of Bar Chart) ++

[1st, 2nd, etc. are months from the start of assignment]

Sl. No. Item of Activity (Work) 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

++ The Program should be period of completion of assignment.

B. Completion and Submission of Reports

Reports: * Programmed: (Date)

1. Inception Report

2. Interim Progress Report

(a) First Status Report

(b) Second Status Report

3. Draft Report

4. Final Report

* Modify as required for the Assignment.

32


SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS

4A. Financial Proposal submission form.

4B. Summary of costs.

4C. Breakdown of costs.


33

4A. FINANCIAL PROPOSAL SUBMISSION FORM [Location, Date]

FROM: (Name of Consultant) TO: (Name and Address of client)

________________________ ____________________________

________________________ ____________________________

Ladies/Gentlemen:

Subject: Hiring of Consultants‟ Services for ---------------------------

-------------------------------------- Financial Proposal.

We, the undersigned, offer to provide the consulting services for the above in accordance

with your Request for Proposal dated [Date], and our Proposal (technical and Financial Proposals).

Our attached financial proposal is for the sum of [Amount in words and figures].

Our financial proposal shall be binding upon us subject to the modifications resulting from

contract negotiations, up to 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”.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature:

Name and Title of Signatory:


34

Name of the Consultant:

Address:


35

4B. SUMMARY OF COSTS

No. Description @ Amount

(Rupees)

I

II

III

IV

V

VI

VII

VIII

IX

Remuneration for Key professional staff

Supporting Staff

Transportation

Duty Travel to Site

Office Rent

Office Supplies, Utilities and Communication

Office Furniture and Equipment

Reports and Document Printing

Surveys

TOTAL COST Consultancy Services Tax

TOTAL COSTS (Including Service Tax)

Note: The ceiling cost of the consultancy is as shown in the Summary of Costs. Payments will

be made as per stipulations of the Special Conditions of Contract. The break-up of cost as

given in formats 4C is to facilitate assessment of reasonableness of costs and conducting

negotiations in accordance with clause 6 of the Information to Consultants.

@ Modify the items as appropriate for the consultancy assignment.


36

4C. BREAKDOWN OF COSTS (RS)

REMUNERATION FOR STAFF

No. Position Name Rate* (Rs.) SM Amount (Rs)

Key professional staff

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

Sub-Total

Sub-Key professional staff

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

Sub-Total

TOTAL

SM = S ta f f Month

II. Support Staff

No. Position Name Staff Months Rate* (Rs) Amount (Rs)

Total

* Provide the break up of the rates to show the basic salary, social costs and overhead,


37

III Transportation (Reimbursable)*

Total

IV. Duty Travel to Site (Reimbursable)*

Total

V. Office Rent (Reimbursable)*

Total

*Prepare details as appropriate for the consultancy assignment.

VI. Office Supplies, Utilities and Communication (Reimbursable)

No. Item* Months Monthly

Rate (Rs)

Amount in

(Rs)

1.

2.

3.

4.

TOTAL: -------------------------

--* Prepare details as appropriate for the consultancy assignment.


38

VII. Office Furniture and Equipment (Reimbursable)

No. Description (*) Unit Quantity Rate Amount

(Rs ) ( Rs)

Office Furniture (Purchase)

1 2 3 4 5 6

Office Equipment (Purchase)*

1

2 3 4 5 6

Total

* Prepare details as appropriate for the consultancy assignment

VIII. Reports and Document Printing

No. Description* Number No. of

Copies

Rate

per

Copy

( Rs.)

Amount (

Rs. )

1 2 3 4 5

Total

IX. Topographical Surveys (if any)*

• Prepare details as appropriate for the consultancy assignment


39

Terms of Reference (TOR)

For

TECHNICAL CONSULTANT


40

SECTION 5 TERMS OF REFERENCE (TOR)

1. GENERAL

The Project road under consideration starts at NH-4 Junction .Project road is part of

Raichur-Bachi road (SH-20) from NH-4 junction to Ashoka circle from there project road

deviates on Khade bazaar road passing through circuit house ending at CBT.Project road passes

through four junctions namely Gandhinagar junction, Mahantesh nagar junction, Ashoka circle

junction and vegetable market Junction. Very high density of mixed traffic flows hrough the

project area. Below Figure 1 shows key plan of Project road.

Project road passes through heavily built up area. Right of way varies from 30m to 35m

throughout. Existing road is 4 lane divided carriageway.Bus and LCV type of traffic is

dominating in this section. Due to heavy flow of mixed traffic in Ashoka circle and Mahantesh

Nagar junction circle, many traffic jams occur causing inconvenience to road users, delay and

fatal accidents leading to death of road users.

1.1 The Authority seeks the services of qualified firms for preparing a DPR Report for

CONSTRUCTION OF FLYOVER IN BELAGAVI CITY. The DPR Report shall also include a

pre-DPR study for other alternatives to flyover for smooth flow of traffic. The Terms of

Reference (the “TOR”) for this assignment are specified below.


41

1.2 The Consultant shall be guided in its assignment by the Model Contract Agreement and the

Manual of Specifications and Standards.

1.3

1.4 The Consultant shall assist the Authority and its Financial Consultant and the Legal Adviser

by furnishing clarifications as required for the financial appraisal and legal scrutiny of the Project

and Bid Documents.

1.5 The Consultant shall also participate in the pre-bid conference with the Bidders of the

Flyover Projects and assist the Authority in clarifying the technical aspects arising from the Bid

Documents including the DPR Report.

2. OBJECTIVE

The objective of this consultancy is to undertake DPR studies and prepare a DPR Report

of the Flyover Projects for the purpose of firming up the Authority‟s requirements in respect of

development and construction of the Project flyover and Project Facilities and enabling the

prospective bidders to assess the Authority‟s requirements in a clear and predictable manner with

a view to ensuring:

(i) enhanced safety and level of service for the road users;

(ii) superior operation and maintenance enabling enhanced operational efficiency of the Project;

(iii) minimal adverse impact on the local population and road users due to road construction;

(iv) minimal adverse impact on environment;

(v) minimal additional acquisition of land; and

(vi) phased development of the Project for improving its financial viability consistent with the

need to minimize frequent inconvenience to traffic that may be caused if additional works are

undertaken within a period of seven years from the commencement of construction of the

Flyover Projects.

3. SCOPE OF SERVICES

3.1 The scope of services shall comprise:

To provide all engineering investigations, land acquisition proposals, design, drawings,

specifications, data sheets, estimate and draft tender documents.Also, Consultant shall coordinate

in finalization estimates, drawings, specifications, DTP and award of contract and for obtaining

statutory clearances and approvals from the competent authority. Tasks to be carried out in this

assignment are as follows:

i. To carry out geotechnical investigation and subsoil exploration of the proposed project

site

ii. To carry out traffic investigations required for the project as per IRC.


42

iii. To carry out traffic surveys and all kind of surveys required for the project.

iv. To conduct Environment impact assessment or initial environment examination be

carried out in accordance with Environmental Assessment Requirements as amended

from time to time / Government of India Guidelines, as applicable.

v. To carry out detailed analysis and design of all structures/elements, roads and pavements

of the project.

vi. To carry out designs for road furniture and road safety/traffic control features;

vii. To prepare detailed drawings

viii. Provide Data Sheets, specifications and Assist department in rate analysis of Items.

ix. The Consultants shall prepare detailed estimates for quantities and project cost for the

entire project. including the cost of environmental and social safeguards proposed based

on MoSRT&H‟s Standard Data Book and market rate for the inputs.

x. Prepare Draft Tender Schedule and assist the client for getting approval from competent

authority.

xi. Attend the review meetings conducted by the department and to highlight Lacunae, if

any, and also suggest Steps / Solutions for the same so that to achieve the Overall Target

of Quality Assurance.

xii. legal advice on possible Contractor's claims.

xiii. Inform on problems or potential problems, which arise in connection with the works

contract and make recommendations for possible solutions.

xiv. To prepare land acquisition proposals required for the project.

xv. To coordinate with other departments in shifting of utilities.

xvi. Note: The designs for assignment should be in conformity with established relevant

standards and IRC codes. Designs should be compatible with advanced/future

technology.

(i) Traffic surveys and demand assessment.


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(ii) Engineering surveys and investigations.

(iii) Location and layout of toll plazas.

(iv) Location and layout of truck laybyes.

(v) Location and layout of bus bays and bus shelters.

(vi) Social impact assessment.

(vii) Environment impact assessment.

(viii) Preliminary designs of road, bridges, structures, etc.

(ix) Preparation of Land Plan Schedules and Utility Relocation Plans.

(x) Preparation of indicative BOQ and Cost Estimates.

These services are briefly explained hereunder:

3.2 Traffic surveys and demand assessment

3.2.1 The types of traffic surveys and the minimum number of survey stations shall be as under:

S. No. Description of Activity Number of Survey Stations

1. Classified Traffic Volume Count One station closes to the proposed location and

as directed by engineer in charge

2. Intersection Volume Count All major intersections

3. Pedestrian/Cattle crossing traffic

count

At all locations of settlements/habitations

along the project location

4.

Axle Load Spectrum

One station each close to the proposed location

The Consultant shall, upon award of the Consultancy, submit its proposal regarding the

locations of traffic survey stations for each of the above activities along with an index plan

giving the rationale of its proposal. Care shall be taken in proposing the locations in a manner

that they capture the traffic in different sections. This proposal shall form part of the Inception

Report. The Authority may, within one week of receiving the Inception Report, modify the

locations of traffic survey stations in accordance with the provisions of this TOR and the

Consultant shall comply with the same.


44

3.2.2 Classified traffic volume count

For conducting the traffic volume count, the Consultant shall comply with the following:

(a) The classified traffic volume counts shall be carried out twice for 7 continuous days at the

selected survey stations as per IRC guidelines on the subject (IRC: 9-1972). The timing for such

counts shall be:

(i) Within five weeks of the commencement of services, and

The following classes of vehicles shall be captured separately.

Motorised vehicles Non-motorised vehicles

1. Cars (include jeeps, vans) 1. Bicycles

2. Light commercial vehicles including mini

buses

2. Cycle Rickshaws

3. Buses 3. Animal Drawn Carts

4. Two axle trucks 4 Handcarts

5. Three axle trucks 5. Any other non-motorised

vehicles

6. Four or more axle trucks

7. Tractors

8. Ambulance, fire tender, funeral vans

9. Three wheelers

10. Two wheelers

(b) The traffic count data would be analyzed to depict hourly and daily variations. The Abstract

of traffic data would also be provided for each survey station.

3.2.3 Traffic demand assessment

(a) The Consultant shall assess the traffic demand for the Flyover Projects for a period of 10

(ten) years, 15 (fifteen) years and 20 (twenty) years respectively based on analysis of traffic


45

counts, trend growth and growth in the influence area of the Project flyover. Normally, an annual

growth rate of 5% (five per cent) shall be assumed. Any variation would have to be justified with

reasons, including analysis of past trends.

(b) Based on the assessment of the traffic demand on the various sections of the Project, the

Consultant shall provide a broad assessment of the year in which six-laning may be required. The

Consultant shall also provide sensitivity analysis due to change in assumption of traffic

projections.

3.2.4 Intersection volume count and design

(a) Volume count

For conducting the intersection volume count, the turning movement traffic surveys shall be

carried out as per IRC: SP:41-1994 at all locations where the Flyover Projects intersects/meets

the NH, SH or MDR. The turning movement surveys will be undertaken from 08:00 to 12:00

hours in the morning and 16:00 to 20:00 hours in the evening.

(b) Design

(i) The data at each location shall be presented and analyzed to identify suitable treatment

(ii) The amount of additional land required, if any, shall be clearly stated and brought out.

3.2.5 Pedestrian/ Cattle crossing demand assessment

For assessing the requirements of Pedestrian/ Cattle crossings, the traffic counts for two

continuous days between 08.00 hours and 20.00 hours shall be carried out at the locations close

to all habitations/ settlements along the Flyover Projects. The data so collected shall be analyzed

to determine whether any pedestrian/cattle crossing by way of underpass/ overpass is justified. If

so, the locations and broad layout shall be proposed.

3.2.6 Axle load spectrum surveys

Axle load spectrum surveys shall be carried out at each proposed location of toll plaza on the

Flyover Projects. The axle load survey shall capture buses, trucks and tractors with trailers in the

traffic stream. The survey shall be for both directions. Sample size shall not be less than 10%

(ten per cent) of the buses, trucks and tractors with trailers in the traffic stream and based on

standard statistical techniques. The vehicle damage factor shall be calculated as per the

equivalency factors given in IRC: 37.

3.3 Engineering surveys and investigations

3.3.1 The engineering surveys and investigations shall be divided into the following components:

Topographic, alignment and land use survey

Road inventory survey


46

Road condition survey

Bridge condition survey

Soil, geo-technical, material, hydrology and drainage surveys

3.3.2 Topographic, alignment and land use survey

The activities and Deliverables forming part of the topographic, alignment and land use survey

are described below (see also Attachment A to the TOR):

(a) Divide the Flyover Projects into various stretches as per terrain classification.

(b) Identify sections of Flyover Projects which fall within marine environment (Condition of

severe marine environment: alternate wetting and drying due to sea spray; alternate wetting and

drying combined with freezing; buried in soil having corrosive effect; members of structures in

contact with water where the velocity of flow and the bed material are likely to cause erosion of

concrete. Moderate marine environment would be other than severe).

(c) Identify sections of Flyover Projects which require raising. Such sections will be identified

with attention being paid to the previous history of submergence and the extent to which the

subgrade is likely to be affected by the capillary action if the section is not raised.

(e) As far as possible, the existing alignment would be retained subject to the following

requirements:

(i) Identify stretches which do not meet the criterion of ruling design speed, i.e. where radii of

horizontal curves are less than desirable minimum. Prepare realignment plans for improving

geometrics in such stretches.

(ii) Identify stretches out of (i) above, which meet the criterion of minimum design speed, i.e.

where the radii of horizontal curves are more than the absolute minimum (This will enable the

Authority to take a view on whether to include such stretches for improving geometrics in the

initial stage or these can be postponed by a few years and in the meantime steps can be taken to

acquire the necessary land for the ROW).

(iii) Identify stretches where stopping sight distance is not available. Work out possible

improvement plan to increase the sight distance to provide overtaking sight distance. Also work

out option to increase the sight distance to provide at least the intermediate sight distance.

(iv) Identify stretches, other than those in (iii) above, where intermediate sight distance is not

available. Work out possible improvement plan to increase the sight distance to provide


47

overtaking sight distance. Also work out possible improvement plan to increase the sight

distance to provide at least the intermediate sight distance.

(v) Identify stretches where the gradients are steeper than the ruling gradient for the relevant

terrain condition. Work out and prepare an improvement plan for the vertical alignment in such

stretches.

Divide improvement plans of such stretches into the following two parts:

Stretches where gradient is more than the limiting gradient

Stretches where gradient is more than the ruling gradient but less than the limiting

gradient. (The Authority can take a view on whether improvements of stretches in this

category shall be taken up or not.)

(vi) Identify stretches where extra width of roadway and carriageway at curves is required.

(f) Identify stretches involving construction of new bridges and other grade separated structures

including those requiring reconstruction and their approaches. Work out proposal for location of

such structures and alignment of approaches.

(g) Based on the improvement plans of horizontal and vertical alignment worked out as a result

of tasks in (d), (e) and (f), prepare alignment plans, L-Sections and cross-sections of the entire

Flyover Projects. Scale of drawings shall be as per IRC: SP:19. Proposed improvements shall be

marked on the plans. Such improvements will include raising of road, widening of roadway,

widening of existing carriageway, location of median and the side on which the new four lane

carriageway is to be provided, provision of shoulders – both paved and granular, new structures,

underpasses, grade separators, service roads, additional road signs, road furniture, safety devices,

relocation of utilities, removal of trees, etc.

(h) Also prepare a separate Land Plan of the Flyover Projects showing the existing ROW

(alongwith all the existing assets within the ROW e.g. structures, drains, service roads, trees,

utilities and safety devices) and proposed additional land required in various stretches for

improvement of geometrics, construction of new structures, provision of intersections,

interchanges, service roads, toll plazas, project facilities, etc. The Land Plan should also show

encroachments, if any. A list of such encroachments alongwith their brief description shall also

be prepared and included in the DPR Report.

(i) For additional land proposed to be acquired as per final alignment plan of the Flyover

Projects, the Land Plans shall be marked on duly certified maps showing khasra numbers and

shall be furnished along with a report which will include detailed schedules in respect of the

proposed acquisition of land holdings as per revenue records in a format that would enable the

Authority to initiate land acquisition proceedings.


48

(j) A set of cross-sections of the existing road at 20m intervals shall be provided by the

Consultant. These cross-sections along with proposed improvement plan and preliminary design

shall form the basis of preparation of indicative BOQ for the Flyover Projects.

3.3.3 Road inventory survey

Deliverables under this component shall include:

(a) An inventory of road, culverts, bridges and other structures like railway over/under bridges,

flyovers (grade separated structures), underpasses and overpasses.

The proforma for road, culverts and bridges or other structures have been provided at Proforma1,

2 and 3 respectively.

(b) Identification of stretches of the Flyover Projects which -

are affected by frequent flooding;

are subjected to water logging;

pass through black cotton soil area;

pass through marshy area; or

pass through weak soil stratum

(c) Typical cross-sections of the existing road showing the crust composition of pavement

shoulders and drains (one cross-section for every 100m of the road).

(d) Identification of sections in cutting.

(e) Identification of culverts requiring:

(i) Reconstruction (all culverts which are structurally distressed shall be reconstructed as new

structures).

(ii) Widening (all existing culverts which are not to be reconstructed shall be widened equal to

the roadway width).

(iii) Repairs and/or rehabilitation along with preliminary proposals.

(iv) New construction

3.3.4 Road condition survey

The Consultant shall undertake a survey of the visual condition of the pavement and shoulders of

the Flyover Projects and provide its report. The Consultant should also report if distresses are

observed in the pavement and shoulders. It will also identify sections requiring reconstruction.

3.3.5 Bridge condition survey

The activities and Deliverables forming part of bridge condition survey are specified below:


49

(a) The Consultant shall carry out a detailed inspection of every bridge and other structures such

as railway over/under bridges, overpasses, underpasses and grade separators including flyovers.

(For guidance, see IRC: SP: 35 and IRC: SP: 52).

(b) For each structure, the Consultant shall indicate the distresses observed, if any, in respect of

various components of the structures e.g. bearings, expansion joints, wearing coat, railings/crash-

barriers, foundations, substructures (abutments, piers, pier caps), superstructure (Proforma-5).

On the basis of the distresses observed, the Consultant shall divide the structures into the

following categories:

(i) structures requiring reconstruction immediately as part of first stage development (all such

structures shall be provided as new structures);

(ii) structures where distresses are not so severe and reconstruction can be postponed to a

subsequent stage say for a period of 7 to 8 years; if any major repairs are required in the

meantime, these shall be so indicated for each such location;

(iii) structures requiring repairs and/or rehabilitation (for such structures indicate preliminary

proposals for repairs and/or rehabilitation);

(iv) structures requiring widening (for such structures indicate widening methodology); and

(v) structures that shall be retained.

3.3.6 Soil, geotechnical, material, hydrology and drainage surveys

The activities and Deliverables forming part of the soil, geotechnical, material, hydrology

and drainage surveys are described below:

(a) The characteristics of the existing soil, two samples from every km of the Flyover Projects or

closer where change in soil type is encountered.

(b) The determination of subgrade CBR (soaked) every three km of the Flyover Projects or

closer where change in soil type is encountered.

(c)Benkelman Beam Deflection measurements on the Project – one set of ten readings in 250 m

for every km of the Flyover Projects.

(d) Investigations of the subsoil strata (one trial bore and/or test pit at embankment and one in

river bed at locations where new bridges or other structures are proposed. The depth of trial bore/

test pit shall be as per IRC standards).

(e) Preliminary hydraulic data for bridges, design discharge, HFL, LWL, etc. with a view to

checking adequacy of existing waterway.

(f) A broad assessment of the drainage condition and requirement of the Flyover Projects


50

3.4 ROBs/RUBs Deleted

3.5 Protective works in hill sections, retaining walls, breast walls, etc.

For the stretches passing through hills, the Consultant shall identify the broad

requirements of retaining walls, breast walls, etc. for the purposes of preparing rough cost

estimates.

3.6 Road signs, safety devices

(a) The Consultant shall propose provision of Road Signs, Pavement Markings, Safety Barriers,

Railings, Delineators, Chevron Markings, Traffic Attenuators, Road Boundary Stones, Km

Stones, 200 m Stones.

(b) The Consultant shall propose overhead signs on the Flyover Projects and provide an outline

of the same giving size and location.

3.7 Bus bays and bus shelters

The Consultant shall undertake field surveys and identify suitable locations for provision

of bus bays and bus shelters on the Flyover Projects. As far as possible, bus bays shall not be

located on horizontal curves, summit of vertical curves and bridges. Good visibility must be

ensured. Further, the bus bays should not be too close to major intersections. The length of each

such bus bay shall also be indicated.

The Consultant shall also indicate the locations of bus stands/bus stops provided by the

concerned State Transport Authorities on the Flyover Projects.

3.8 Social impact assessment

The Consultant shall undertake social impact assessment due to the improvements

proposed on the Flyover Projects, especially the persons affected due to the Project and requiring

resettlement and rehabilitation. The extant policies and guidelines of the government would be

kept in view while undertaking the assessment. He shall prepare a plan for involuntary

resettlement and land acquisition, which shall include the following:

(a) Prepare in accordance with guidelines of the Government, a draft Resettlement and Land

Acquisition Plan;

(b) Prepare area specific social assessments to support development of a locally relevant

approach to resettlement which provides benefits to people in the Project‟s area of influence,

which include socioeconomic conditions, social service infrastructure, and social institutions and

organization, in accordance with the Government policies and guidelines;

(c) These social assessments should include gender and local ethnic aspects;

(d) Provide recommendations and action plan for the Contractor to undertake, at the detailed

design stage, a full census and inventory of lost assets (households, shops and agricultural and

other lands, or access to current income-generating activities, including impacts caused by

permanent or temporary acquisition) of affected people and a baseline socioeconomic survey of


51

the affected population. Determine the scope and magnitude of likely resettlement and land

acquisition effects, and list likely losses of households, agricultural lands, business and income

opportunities, as well as affected communal assets and public buildings;

(e) In consultation with local stakeholders, government and the Authority, develop an entitlement

matrix, on the basis of the consultations, socio-economic surveys, and inventories of losses that

will determine the amount of compensation in accordance with the guidelines and policies of the

Government;

(f) Prepare the plans with full stakeholder participation, including the Government and the

Authority. Consult with affected persons and community-based organizations to ensure that all

affected persons have been fully informed of their entitlements through the consultative

processes initiated by the Government and the Authority. Ensure that communities and displaced

persons understand the project, its impacts, and the responsibilities of the parties; and

(g) Analyze and confirm the following aspects that will apply to land acquisition and

resettlement in the project area: (i) laws and regulations, including local practices; (ii) budgetary

processes for involuntary resettlement and land acquisition; (iii) schedules for these activities

that are coordinated with the construction schedule; and (iv) administrative arrangements and

requirements.

3.9 Environment impact assessment

(a) The Consultant shall undertake environment impact assessment of the Flyover Projects as per

provisions of the Applicable Laws on environment protection and identify a package of measures

to reduce/eliminate the adverse impact identified during the assessment. An environmental

impact assessment report and environmental management plan shall be prepared based on such

assessment. The management plan shall include project specific mitigation and monitoring

measures for identified impacts as well as management and monitoring plans to address them.

(b) The Consultant shall also assist the Authority in conducting public hearings and addressing

the comments and suggestions received during the EIA process with a view to getting

environmental clearance from the competent authority.

3.10Designs

The Consultant shall arrive at the designs of various components of the Flyover Projects

keeping in view the requirements of the Manual and the scope of services described in this TOR.

It shall be responsible for the accuracy of the physical details such as alignment, right of way,

abutting land use, assets within the right of way including safety devices, utilities, trees, service

roads, cross drainage structures, etc. The layout and designs shall be supplemented with

explanatory drawings, statements, charts, notes as necessary.

3.11 Project cost

The Consultant shall work out BOQ of various components and prepare cost estimates of

the Flyover Projects with a break up of cost for each component separately. To the construction

cost so arrived at, the Consultant may add some percentage thereof as a lump sum provision for

physical and price contingencies, and other financing costs, pre-construction expenses etc.


52

3.12 Financial analysis and bid process

3.12.1 Detailed financial analysis is not required to be undertaken by the Consultant. However,

the Consultant shall provide the estimated construction costs, operation and maintenance costs,

traffic forecast, toll revenues etc. as part of its preliminary financial analysis and appraisal of

the Project. The Consultant shall, also provide a preliminary assessment of the financial viability

of the Project with a view to estimating the likely IRR over a Contract period of 10 (ten) years,

15 (fifteen) years, 20 (twenty) years and 25 (twenty-five) years respectively. It shall also aid

during the Bid Process for selection of the Contractor.

3.12.2 While undertaking the financial analysis and projecting the IRR, the following

assumptions shall be adopted:

(a) Capital cost shall be adopted as per estimates of construction cost

(b) O&M costs may be assumed as per norms of the Authority;

(c) the Contract period may be fixed by reference to the year in which the projected traffic would

exceed the design capacity of the Flyover Projects; and

(e) growth rate of traffic may be assumed at 5% (five per cent) per annum.

3.12.3 The Consultant shall:

(a) calculate the NPV and EIRR for the Project. It will undertake sensitivity analysis by

identifying the most critical factors and determine their impact on the EIRR, including varying

project costs and benefits, implementation period, and combinations of these factors; and

(b) conduct a risk analysis (using the Monte Carlo method) by considering the possible values

for key variables based on records, and their occurrence probability.

3.12.4 If the IRR of the Project, based on the aforesaid calculations is less than 14% (fourteen

per cent), an effort should be made to reduce the capital costs in consultation with the Authority.

This may be done either by omitting/ modifying some of the proposed structures or by phasing

them after a period of seven years or more, such that the IRR reaches a minimum of 14%

(fourteen per cent).

4. DELIVERABLES

The Consultant shall deliver the following deliverables (the “Deliverables”) during the

course of this Consultancy. The Deliverables shall be so drafted that they could be given to the

prospective bidders for guidance in preparation of their bids. Twenty hard copies and two soft

copies in CDs of all the final reports, drawings, etc. shall be submitted to the Authority. For draft

reports only five hard copies and one soft copy in CD shall be submitted to the Authority.

A. Inception Report

On commencement of the Consultancy, the Consultant shall submit an Inception Report.

The Inception Report shall include the Consultant‟s submissions towards understanding of the


53

RFP and the Work Plan. The Inception Report shall also include the Consultant‟s proposal

regarding the traffic survey stations

Within a period of four weeks of submission of the Inception Report, the Consultant shall

submit a Supplementary Inception Report where it must clearly spell out the broad strategy for

structuring the project in a manner that would restrict the likely viability gap funding to a level

not exceeding 20% (twenty per cent) of the capital cost of the project assuming an IRR of 14%

(fourteen per cent). In making this assessment, the Consultant shall follow the assumptions

specified in paragraph 3.12 above. In particular, the Consultant must make realistic assumptions

about the traffic projections and the resulting revenue streams with a view to assessing the

capital cost that can be sustained by such revenues. For this purpose, the Consultant shall

undertake a 7 (seven) day classified traffic volume count and a topographic survey to identify

geometric improvements, new bridges etc. The project components should be so formulated as to

make the project viable.

In determining its aforesaid strategy, the Consultant shall also seek the advice of the

Authority. In the event that a viable project does not seem feasible, the Consultant shall not

proceed with the Consultancy and the same shall stand terminated. The Consultant shall be

entitled to a payment of 10% (ten per cent) of the Agreement Value upon such termination.

B. Report on Alignment and First Traffic Survey

(a) The Consultant shall undertake topographic survey of the Flyover Projects, identify

geometric deficiencies and construction of new bridges and other grade separated structures

(refer para 3.3.2) and submit a Report on the alignment together with proposed geometric

improvements. The Consultant shall finalize the alignment after considering the comments of the

Authority on the Report on Alignment. The work of preparing cross-sections and Land Plans,

etc. shall be undertaken based on the finalized alignment.

(b) The Consultant shall submit a Report on the first 7-day classified traffic volume count giving

an analysis of hourly and daily variations. (Refer para 3.2.2).

C. Land Plan Schedules

(a) Land Plan schedules for acquisition of additional land where required for widening of road,

geometric improvements, new bridges and other structures, inter-sections, inter-changes, service

roads etc... (Refer para 3.3.2(i))

(b) Another plan of the Flyover Projects showing the existing ROW (along with all the existing

assets within the ROW) and encroachments, if any, together with a list of such encroachments

along with their brief description (Refer para 3.3.2(h)).

(c) Land Plan Schedules shall be provided separately for Four-laning flyover and Six-laning

flyover respectively. The alignment for Six-laning shall, to the extent possible, follow an

eccentric approach to widening of the Flyover Projects.

D. Utility Relocation Plans

Utility-wise preliminary plans together with approximate costs for shifting/relocation

shall be provided for Four-laning. Indicative Plans shall also be provided for Six-laning.


54

E. Reports on Environment and Social impact assessment

The Consultant shall submit reports on social impact assessment (Refer para 3.11) and

environment impact assessment (Refer para 3.12).

F. Report on indicative GAD of Structures

The Consultant shall submit report on indicative GAD of bridges, ROBs/RUBs and grade

separators (Refer paras 3.2.4, 3.2.5, 3.3.5 and 3.5).

G. DPR Report

The DPR Report of the Project shall include the following:

(1) Sets of drawings

(a) An Index Plan of the Flyover Projects

(b) Plans, L-sections, and typical cross-sections showing the existing features within the ROW

(e.g. carriageway, structures, drains, crash barriers, service roads, utilities, adjoining land use,

intersecting roads/access roads, road side developments etc.) with the proposed improvements

marked thereon (e.g. raising of embankment, widening of embankment, location of median,

placement of new carriageway, geometric improvements, widening or reconstruction of

structures, new subways/underpasses/grade separators, service roads, arrangements for

merging/diverging, traffic circulation, relocation of utilities, etc.) (Refer para 3.3.2).

(2) Investigation Reports

(a) Report on traffic survey and demand assessment (Refer para 3.2).

(b) Inventory survey report (Refer para 3.3.3).

(c) Road and bridge condition survey report (Refer paras 3.3.4 and 3.3.5).

(d) Soil, geotechnical and drainage report (Refer para 3.3.6).

(3) Designs

Designs of the Flyover Projects including service roads, consistent with the existing facility and

the additional requirements including:

(a) Traffic and toll forecasting for 10 (ten), 15 (fifteen), 20 (twenty) and 25 (twenty-five) years.

(b) Pavement design for new carriageway and strengthening of existing carriageway along with

typical cross-sections.

(c) Options for retention of existing bridges and other structures or their replacement by new

structures together with design. For new bridges, the length from abutment to abutment shall not

be less than the length of the existing bridge and foundations need not be above the existing

foundations unless soil conditions justify otherwise.

(d) Drainage assessment.


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(e) Layout of inter-sections, grade separators and inter-changes with ramps.

(4) Costing

(a) BOQ.

(b) Cost Estimate for construction of Flyover Projects.

(c) Total Project Cost (Refer paras 3.14 and 3.15).

(5) Implementation schedule

(a) Construction period.

(b) Likely delays, if any, on account of land acquisition.

H. Schedules of Contract Agreement

The Consultant shall separately provide Schedules A, B, C, D and H of the Contract

Agreement for the Flyover Projects with all supporting documentation relating to these

Schedules. (See Appendix I of the Manual). Explanation of the specific requirements for the

Flyover Projects is given in para 5 below.

I. Financial analysis

A preliminary financial assessment of the Project indicating the likely IRR for a 10 (ten)

year, 15 (fifteen) year, 20 (twenty) year and 25 (twenty-five) year Contract period respectively

(Refer para 3.15).

The Consultant shall, based on the assumptions specified in paragraph 3.15, indicate the

likely viability gap funding for the project. In case the viability gap funding projected in the DPR

Report exceeds the projection in the Inception Report by more than 10% (ten per cent) of the

capital costs, a deduction of 10% (ten per cent) of the Agreement Value shall be made from the

payment due to the Consultant. Such deduction shall be deemed to be mutually agreed genuine

pre-estimated compensation and damages suffered by the Authority on account of inaccurate

projections leading to higher costs.

J. Assistance during bid process

The Consultant shall provide the required assistance to the financial consultant and the

legal adviser in preparation of bid documents. The Consultant shall also participate in Pre-bid

Conferences and assist in preparation of answers to the Bidders‟ queries on technical aspects of

the Flyover Projects and Bid Documents.

5. SPECIFIC REQUIREMENTS FOR THE PROJECT

For preparing Schedules A, B, C, D and H of the Contract Agreement and other specific

requirements (refer Appendix-I of the Manual), the Consultant shall:

(a) Provide utility wise preliminary plans for shifting of existing utilities and construction of new

utilities along or across the Flyover Projects.


56

(b) Provide a linear Plan showing the land width across various stretches of the Flyover Projects.

This should include details of any additional land being acquired or proposed to be acquired for

improvement of geometrics, provision of intersections, grade separators, interchanges, service

roads, and project facilities.The possibility of undertaking geometric improvements shall be

examined and a report on cost-effectiveness of such proposals included.

(e) Provide a list indicating locations of encroachments on the Flyover Projects along with a brief

description thereof.

(f) Provide a list of stretches where flush or depressed median cannot be provided and indicate

the width of raised portion of the median in such cases (Refer para 2.6.2 of Manual).

(g) Provide a list of stretches where service roads are proposed together with their merging or

otherwise at bridge locations. The Consultant shall also indicate the design traffic for

determining the pavement composition of the service road if the forecast design traffic is more

than 2 (two) MSA.

(h) Provide a list of intersections, grade separators, interchanges, cattle and pedestrian under/over

pass together with their locations, broad lay out, length of viaduct openings, and traffic

circulation plan. The possibility of providing grade separators and interchanges with ramps in

second phase shall be examined and a report on cost-effectiveness of such a proposal included.

(i) Provide a list of stretches identified for raising of.

(j) Provide a list of stretches on the Flyover Projects where:

existing road portions are proposed to be strengthened with cement concrete pavement);

(ii) new construction on the widened portions is proposed to be provided with cement

concrete pavement; and

(iii) reconstruction is proposed. Specify if pavement is proposed to be of cement concrete

in such stretches.

(k) Prepare an addendum to Schedule-K of the Contract Agreement indicating the minimum

performance and maintenance requirements for cement concrete pavements.

(l) Provide specific recommendations for low-level bridges. Normally all bridges are required to

be high-level bridges. However, there may be situations where an existing bridge is in a sound

condition but may not be satisfying the requirement of a high-level bridge. Such structures shall

be examined with a view to stipulating whether they need to be upgraded as high-level bridges,

together with reasons therefor. In such cases, construction of high-level bridges can also be

phased out after seven years.

(m) Provide a list of utility services which are required to be carried over structures.

(n) Provide a list of culverts to be reconstructed and/or widened (Refer para 7.3(ii)d of Manual).

(o) Provide a list of bridge structures including existing ROBs/RUBs to be reconstructed and/or

widened. The possibility of postponing reconstruction of any bridge for a period of say 7 to 8

years shall be explored and indicated.


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(p) Specifically bring out the requirements of any special structures like cable stayed or special

super structure for any particular bridge on the Flyover Projects.

(q) Provide a list of stretches where reinforced earth wall is proposed together with maximum

height of earth wall. Where the height of wall proposed is more than 6 m, reasons for the same

may also be given.

(r) Provide a list of existing bridges where railings on them are proposed to be replaced by crash

barriers.

(s) Provide a list of existing bridges/culverts where parapets/railings are proposed to be repaired

or replaced.

(t) Provide a list of railway level crossings which need not be replaced with ROB/RUB.

(u) Provide a list of structures under marine environment.

(v) Provide a list of existing bridges/culverts where repairs/strengthening is proposed together

with nature and extent of repairs.

(w) Indicate specifications for reflecting sheeting for road signs whether High Intensity Grade

with encapsulated lens or Micro prismatic retro-reflective element material

(x) Indicate proposed location of toll plazas on the Flyover Projects (y) Provide a list of locations

on the Flyover Projects where overhead traffic signs are proposed together with proposed size.

(z) Provide an estimate of the number of trees to be planted as compensatory afforestation

(aa) Provide a list of situations/locations where lighting shall be provided and maintained by the

Contractor on the Flyover Projects.

(ab) Provide a list of locations where truck lay byes are proposed on the Flyover Projects.

(ac) Provide a list of locations where bus bays and bus shelters are proposed on the Flyover

Projects.

(ad) Where the Flyover Projects passes through hills or Ghats, provide a list of stretches where

climbing lane is proposed for ease of movement of commercial vehicles.

(ae) Provide a list of sections/locations where tunnels may be required.

(af) Provide a list of existing retaining walls requiring repairs, strengthening or reconstruction.

(ag) Provide a list of drawings that the Authority may require the Contractor to provide to the

Independent Engineer as per Schedule-H of the Contract Agreement.

(ah) Provide utility wise indicative plans for shifting of existing utilities and construction of new

utilities along or across the Flyover Projects in the first stage.

6. TIME AND PAYMENT SCHEDULE

6.1 The total duration for preparation of the DPR and Schedules to the Contract Agreement shall

be 8 (Eight) weeks, excluding the time taken by the Authority in providing the requisite

documents or in conveying its comments on the Draft DPR. The Consultant shall deploy its Key

Personnel as per the Deployment of Personnel proposed. Intermittent services will be required


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beyond the 8th (Eigth) week.The man-days required for the intermittent services shall be

provided by the Consultant as per the Agreement.

6.2 Time schedule for important Deliverables (the “Key Dates”) of the Consultancy and the

payment schedule linked to the specified Deliverables is given below:

Key Date

No.

Description of Deliverables Week No. Payment

KD1 Submission of contract & on submission of Inception

Report and Alternatives

1

20%

KD2 Draft Feasibility Report 2

KD3 On approval of Feasibility Report 3 10%

KD4 On submission of draft DPR 6 25%

KD5 On approval of final DPR 7 25%

KD6 On submission and approval of DTS 8 10%

KD7 Completion of Services including assistance during Bid

Process

8 10%

Total 100%

Excludes the time taken by the Authority in providing its comments on Draft Reports. The

Consultant shall get one week for submission of the Final DPR Report after comments of the

Authority are provided.

Note: Above mentioned payments will be released only after approval to reports/drawings by

competent authority.

6.3 The TOR for the Consultant envisages assistance in the process of public hearings, etc. in

respect of the Environment Impact Assessment (EIA) of the Flyover Projects specified in para

3.12. In the event that the process cannot be completed within the period specified herein for

completion of Final DPR, the EIA Report may be completed and submitted to the Authority with

an extended period of 1 (one) week after submission of the DPR. A sum equal to 5% (five per

cent) of the total payment due shall be withheld and paid to the Consultant upon submission of

the EIA Report and environment management plan.

6.4 Deleted

6.5 10% of the Agreement Value has been earmarked as Final Payment to be made to the

Consultant upon execution of the Contract Agreement.


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7. MEETINGS

The Authority may review with the Consultant, any or all of the documents and advice

forming part of the Consultancy, in meetings and conferences which will be held in Belagavi at

the Authority‟s office. Further, the Consultant may be required to attend meetings and

conferences with pre-qualified Bidders or the Selected Bidder. The expenses towards attending

such meetings during the period of Consultancy, will not be paid separately. The days required to

be spent in Belagavi shall be computed at the rate of 10 (Ten) man hours a day in case of an

outstation Consultant.

8. CONSULTANCY TEAM

8.1 The Consultant shall form a multi-disciplinary team (the “Consultancy Team”) for

undertaking this assignment. The following Key Personnel whose experience and responsibilities

are briefly described herein would be considered for evaluation of the Technical Proposal. Other

expertise such as that required for financial analysis, pavement design, material investigation

characterization, quantity survey, social impact assessment etc. for the Flyover Projects shall be

included in the Team either through the Key Personnel specified below or through other

Professional Personnel, as necessary.

(a) Senior Highway Engineer-cum-Team Leader

Educational

Qualifications

Graduate in Civil Engineering

Essential Experience 10 (ten) years in planning, project preparation and design of highway

projects.

Job responsibilities He will lead, coordinate and supervise the multi-disciplinary team. It will

be his responsibility to guide the team in arriving at solutions within the

constraints specified in the TOR.

Minimum time

required on site

30 (thirty) days

(b) Bridge Engineer

Educational

Qualifications

Graduate in Civil Engineering

Essential

Experience

7 (seven) years in analysis of condition of existing bridges and design of

major highway bridges, flyovers, road over bridges

Job responsibilities He will be responsible for suggesting options for retention of existing

bridges or their replacement and propose preliminary design solutions

under the constraints described in the TOR.

Minimum time

required at site

20 (twenty) days


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(c) Traffic–cum-Safety Expert

Educational

Qualifications

Post Graduate in Traffic and/or Transportation Engineering or Planning

Essential

Experience

7 (seven) years in traffic surveys and studies, traffic safety facilities, etc.

on highway projects.

Job responsibilities He will be responsible for suggesting the broad layout of intersections,

interchanges, grade separators and assessment of traffic forecast on the

Flyover Projects, road safety devices etc.

Minimum time

required at site

20 (twenty) days

(d) Surveyor

Educational

Qualifications

Graduate in Civil Engineering or Diploma in Civil Engineering or

Diploma in Surveying

Essential Experience 7 (seven) years‟ experience in surveying on highway projects

Job responsibilities He will be responsible for quick traverse survey of the alignment, cross

section, l-section, strip plan, land-use, etc. of the Flyover Projects.

Minimum time

required at site

30 (Thirty) days

(e) Financial Analyst

Educational Qualifications Post Graduate in Commerce/ Chartered

Accountant or equivalent.

Essential Experience

7 (seven) years in financial analysis and

modeling of infrastructure projects.

Job responsibilities

He will be responsible for financial analysis

and modelling of the Project.

Minimum time required at site 02 (Two) days

(f) Environmental Expert

Educational Qualifications Masters/Bachelor in Environmental Science or equivalent

Essential Experience 7 (seven) years in environmental studies


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Job responsibilities He will conduct the environmental impact assessment of the

Project

Minimum time required at

site

7 (seven) days

8.2 The Consultant shall establish a Project Office at a suitable location in Belagavi for efficient

and coordinated performance of its Services. All the Key Personnel shall be deployed at this

office during the first 8 (eight) weeks as specified in the Manning Schedule forming part of the

Agreement. The authorized officials of the Authority may visit the Consultant‟s Project Office

any time during office hours for inspection and interaction with the Consultant‟s Personnel. It is

not expected of the Consultant to carry out the operations from the Head/Home Office.

8.3 The Consultant shall mobilize and demobilize its Professional Personnel and Support

Personnel with the concurrence of the Authority and shall maintain the time sheet/ attendance

sheet of the working of all Personnel in the Project Office. These time sheets/ attendance sheets

shall be made available to the Authority as and when asked for and a copy of such record shall

be submitted to the Authority at the end of each calendar month.

9. REPORTING

9.1 The Consultant will work closely with the Authority. The Authority has established a

Working Group (the “WG”) to enable conduct this assignment. A designated Engineer of the

Authority will be responsible for the overall coordination and project development. He will play

a coordinating role in dissemination of the Consultant‟s outputs, facilitating discussions, and

ensuring required reactions and responses to the Consultant.

9.2 The Consultant may prepare Issue Papers highlighting issues that could become critical for

the timely completion of the Project and that require attention from the Authority.

9.3 The Consultant will make a presentation on the inception report for discussion with the WG

at a meeting. This will be a working document. The Consultant is required to prepare and submit

a monthly report that includes and describes, inter alia, general progress to date; data and reports

obtained and reviewed, conclusions to date, if any; concerns about availability of, or access to,

data, analyses, reports; questions regarding the TOR or any other matters regarding work scope

and related issues; and so on. The Consultants‟ work on the TOR tasks should continue while the

report is under consideration and is being discussed.

9.4 Regular communication with the WG and the Engineer is required in addition to all key

communications. This may take the form of telephone/ teleconferencing, emails, faxes, and

occasional meetings.

9.5 The Deliverables will be submitted as per schedule provided in this RFP. The

Consultant shall open a project office exclusively in Belagavi with required number of technical

staffs having expertise in respective item of work and with dedicated manpower for the purpose

for executing the above activities of works.


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9a. COMPOSITION OF REVIEW COMMITTEE TO MONITOR CONSULTANTS

WORK

Following two committees will be constituted, namely1) Technical advisory

committee, Belgaum and 2) Technical advisory committee, KUIDFC, Bengaluruwith the

following members to review/examine the implementation and change of scope if any of

the above-mentioned activities/works.

I Technical advisory committee

1. General Manager (Technical), KUIDFC Member

2. General Manager (Technical), BSCL Member

3. Executive Engineer, BSCL, Belagavi Member

4. Environmental Engineer, CCB Member

5. Assistant Executive Engineer, BSCL Member

6. Environmental Officer, KSPCB, Belagavi Member

9b. PROCEDURE FOR REVIEW OF PROGRESS REPORTS, INCEPTION, STATUS,

FINAL DRAFT AND FINAL REPORTS

The consultant has to prepare and submit a Weekly progress report of the works

which will be reviewed by the Engineer-in-Charge of the work. Also, the progress report will be

reviewed once in 2 weeks or as required by the above committees constituted for the purpose.

10. DATA AND SOFTWARE TO BE MADE AVAILABLE BY THE AUTHORITY

Available data as may be required by the Consultant will be provided by the Authority on

request.

11. COMPLETION OF SERVICES

11.1 All the study outputs including primary data shall be compiled, classified and submitted by

the Consultant to the Authority in soft form apart from the reports indicated in the Deliverables

(para 4). The study outputs shall remain the property of the Authority and shall not be used for

any purpose other than that intended under these Terms of Reference without the permission of

the Authority. The Consultancy shall stand completed on acceptance by the Authority of all the


63

Deliverables of the Consultant. The Authority shall issue a certificate to that effect. The

Consultancy shall in any case be deemed to be completed upon expiry of 1 (one) year from the

Effective Date, unless extended by mutual consent of the Authority and the Consultant.

11.2 10% (ten per cent) of the Agreement Value has been earmarked as lump sum payment to be

made to the Consultant upon execution of the Contract Agreement (the “Lump Sum Payment”).

In consideration of the Lump Sum Payment, the Consultant shall provide such services as may

be required by the Authority for concluding the Bid Process and execution of the Contract

Agreement.


64

Attachment A to the TOR

Topographic Survey

1. The field surveys would be sufficiently detailed to meet the following objectives:

(i) Finalizing the alignment and location of new carriageway including location of new bridges

and other grade separated structures.

(ii) Preliminary layout of intersections and grade separators.

(iii) Preparation of Land Plans for acquisition of additional land where necessary.

(iv) Plans for shifting and relocation of utilities.

2. The field surveys shall be carried out using high precision instruments, i.e. total stations and

would cover the following activities:

(i) Running a continuous open traverse along the existing road and realignments, wherever

required to improve geometrics.

(ii) Collection of details for all features such as structures (bridges, culverts, etc.) utilities,

existing roads, electric and telephone installations (both O/H as well as underground), huts,

buildings, fencing, trees, oil and gas lines, etc. falling within the extent of survey.

3. The width of survey corridor shall be as under:

(i) The topographic surveys shall cover sufficient width beyond the center line of the proposed

divided carriageway, considering likely placing of new carriageway and height of the

embankment. The width of the survey corridor shall consider the existing land width,

realignments, service roads, if any, layout of intersections, extent of embankment and cut slopes

and the general ground profile.

(ii) In case need for bypassing the congested locations is felt and the DPR study for the bypass is

included in the TOR, preliminary survey would be carried out along the possible alignments in

order to identify and select the most suitable alignment for the bypass. The final alignment shall

be got approved by the Authority. Further surveys shall be carried out along the final alignment.

(iii) Where existing roads cross the alignment, the survey shall extend to a minimum of 100 m on

either side of the road Centre line and shall be for sufficient width to allow improvements,

including at grade intersection.

4. The important features of the survey conducted and the reference points taken in consideration

like GPS bench mark, temporary and permanent bench marks, etc. shall be listed in appropriate

formats.


65

Attachment B to the TOR

Indicative List of Drawings for Schedule-H of the Contract Agreement

1. Drawings of horizontal alignment, vertical profile and cross-sections.

2. Drawings of cross drainage works.

3. Drawings of major intersections, interchanges, grade separators, underpasses and

ROBs/RUBs.

4. Drawings of toll plaza layout, toll collection systems and roadway approaching and exiting toll

plaza.

5. Drawings of Traffic Control Centre (if envisaged) and HTMS.

6. Drawings of bus-bays and bus shelters with furniture and drainage system.

7. Drawings of truck lay byes with furniture and drainage system.

8. Drawings of road furniture items including traffic signs, pavement markings, safety barriers,

etc.

9. Drawings of traffic diversion plans and traffic control measures in construction zones.

10. Drawings of road drainage measures.

11. Drawings of typical details for slope protection measures.

12. Drawings of landscaping and horticulture.

13. Drawings of pedestrian and cattle crossings.

14. Drawings of street lighting.

15. General arrangement of Base camp and Administrative Block.


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Proforma -1

ROAD INVENTORY

@ Land use, indicate built-up, agriculture, barren, industrial, forest etc.

# For type of carriageway/shoulder, indicate CC/BT/Metalled/Gravel/Earth

* F= Functional; NF = Non-functional

** If side drain does not exist, put a X mark.

Remarks: Indicate history of submergence or any other information of significance.

Indicate sections in built up area, sections requiring raising.


67


68


69


70


71


72

SECTION 6. CONTRACT FOR CONSULTANT’S SERVICES

Between

Managing Director

BSCL, Belagavi

and

[Name of Consultants]

Dated:


73

Contents

I. FORM OF CONTRACT ................................................................................................................ 75

II. GENERAL CONDITIONS OF CONTRACT ............................................................................ 78

1. GENERAL PROVISIONS ....................................................................................... 78

1.1 Definitions ............................................................................................................................. 78

1.2 Law Governing the Contract ................................................................................................. 79

1.3 Language ............................................................................................................................... 79

1.4 Notices .................................................................................................................................. 79

1.5 Location ................................................................................................................................ 79

1.6 Authorized Representatives .................................................................................................. 79

1.7 Taxes and Duties ................................................................................................................... 80

2. Commencement, Completion, Modification and termination of Contract .......... 80

2.1 Effectiveness of Contract ...................................................................................................... 80

2.2 Commencement of Services .................................................................................................. 80

2.3 Expiration of Contract ........................................................................................................... 80

2.4 Modification .......................................................................................................................... 80

2.5 Force Majeure ....................................................................................................................... 80

2.6 Suspension: ........................................................................................................................... 81

2.7 Termination ........................................................................................................................... 82

3. Obligations of the Consultants: ............................................................................... 84

3.1 General .................................................................................................................................. 84

3.2 Conflict of Interests ............................................................................................................... 84

3.3 Confidentiality ...................................................................................................................... 86

3.4 Insurance to Be Taken out by the Consultants ...................................................................... 86

3.5 Consultants‟ Actions Requiring Client Prior Approval ........................................................ 86

3.6 Reporting Obligations ........................................................................................................... 86

3.7 Documents Prepared by the Consultants to Be the Property of the client ............................ 87

3.8 Equipment and Materials Furnished by the client ................................................................ 87

4. Consultants’ Personnel and Sub-Consultants ....................................................... 87

4.1 Description of Personnel ....................................................................................................... 87

4.2 Removal and/or Replacement of Personnel .......................................................................... 87


74

5. Obligations of the Clients ........................................................................................ 88

5.1 Assistance and Exemptions ................................................................................................... 88

5.2 Services and Facilities ........................................................................................................... 88

6. Payment to the Consultants: .................................................................................... 89

6.1 Lump Sum Remuneration ..................................................................................................... 89

6.2 Contract Price ........................................................................................................................ 89

6.3 Payment for Additional Services ........................................................................................ 89

6.4 Terms and Conditions of Payment ........................................................................................ 89

6.5 Interest on Delayed Payments- Deleted ................................................................................ 89

7. Settlement of Disputes .............................................................................................. 90

7.1 Amicable Settlement ............................................................................................................. 90

7.2 Dispute Settlement ................................................................................................................ 90

III. SPECIAL CONDITIONS OF CONTRACT ............................................................................. 91

APPENDICES ..................................................................................................................................... 96


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I. FORM OF CONTRACT

This CONTRACT (hereinafter called the "Contract") is made the _________ day of the

month of ______________, 200___ , between, on the one hand, ___________ (hereinafter called

the "Client") and, on the other hand, _______________(hereinafter called the "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

professional skills, and personnel and technical resources, have agreed to provide the

Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1.The following documents attached hereto shall be deemed to form an integral part of this

Contract:

(a) The General Conditions of Contract (hereinafter called "GC");

(b) The Special Conditions of contract (hereinafter called "SC");

(c) The following Appendices:

Appendix A: Description of the Services

Appendix B: Reporting Requirements

Appendix C: Key Personnel and Sub-consultants ------------------------------

Appendix D: Services and Facilities to be provided by the Client

Appendix E: Breakdown of Contract Price

Appendix F: Form of Guarantee for Advance Payments


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[Note: If any of these Appendices are not used, the words "Not Used" should be inserted below

next to the title of the Appendix on the sheet attached hereto carrying the title of that

Appendix.]

1 The mutual rights and obligations of the Client and the Consultants shall be as set forth in the

Contract, in particular:

(a) The Consultants shall carry out the Services in accordance with the provisions of

the Contract;and

(b) The Client shall make payments to the Consultants in accordance with the

provisions of the Contract.

IN WITNESS WHEREOF, The Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

FOR AND ON BEHALF OF

[NAME OF Client

By

(Authorized Representative)


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FOR AND ON BEHALF

OF [NAME OF

CONSULTANT]

By

(Authorized Representative)


78

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract

have the following meanings:

(a) "Applicable Law" means the laws and any other instruments having the force of law in

India, 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 (GC) 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) “Contract Price” means the price to be paid for the performance of the Services, in

accordance with Clause 6;

(e) "GC" means these General Conditions of Contract;

(f) "Government" means the Government of Karnataka

(g) "Local currency" means Indian Rupee

(h) "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;

„Member in Charge‟ means 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.

(i) "Party" means the Client or the Consultants, as the case may be, and Parties means

both of them;

(j) "Personnel" means persons hired by the Consultants or by any Sub-consultant as

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

„key personnel‟ means the personnel referred to in Clause GC4.2 (a)

(k) "SC" means the Special Conditions of Contract by which these General Conditions

of Contract may be amended or supplemented;


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(l) "Services" means the work to be performed by the Consultants pursuant to this

Contract as described in Appendix A; and

(m) "Sub-consultant" means any entity to which the Consultants subcontract any part

of the Services in accordance with the provisions of Clauses 3.5 and 4.

(n) „Third party” means any person or entity other than the Government, the Client the

Consultants, or a Sub-Consultant.

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be

governed by the Applicable Law.

1.3 Language

This Contract has been executed in English language, which shall be the binding and

controlling language for all matters relating to the meaning or interpretation of this

Contract.

1.4 Notices

Any notice, request or consent made pursuant to this Contract shall be in writing and shall

be deemed to have been made when delivered in person to an authorized representative of

the Party to whom the communication is addressed, or when sent by registered mail, telex,

telegram or facsimile to such Party at the address specified in the SC.

1.5 Location

The Services shall be performed at such locations as are specified in Appendix A and,

where the location of a particular task is not so specified, at such locations, whether in

Karnataka or elsewhere, as Client may approve.

1.6 Authorized Representatives

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

executed, under this Contract by the Client or the Consultants may be taken or executed by

the officials specified in the SC.


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1.7 Taxes and Duties

The Consultants, Sub-consultants and their Personnel shall pay such taxes, duties, fees and

other impositions as may be levied under the Applicable Law, the amount of which is

deemed to have been included in the Contract Price.

2. Commencement, Completion, Modification and termination of Contract

2.1 Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by both Parties or

such other later date as may be stated in the SC.

2.2 Commencement of Services

The Consultants shall begin carrying out the Services within thirty (30) days after the date

the Contract becomes effective, or at such other date as may be specified in the SC.

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.7, this Contract shall terminate at the end of

such time period after the Effective Date as is specified in the SC.

2.4 Modification

Modification of the terms and conditions of this Contract, including any modification of

the scope of the Services or of the Contract Price, may only be made by written agreement

between the Parties.

2.5 Force Majeure

2.5.1 Definition

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 under the Contract impossible or so impractical as to be considered

impossible under the circumstances.


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2.5.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract shall not be

considered to be a breach of, or default under this Contract insofar as such inability

arises from an event of Force Majeure, provided that the Party affected by such an

event (a) has taken all reasonable precautions, due care and reasonable alternative

measures in order to carry out the terms and conditions of this Contract, and (b) has

informed the other Party as soon as possible about the occurrence of such an event.

2.5.3 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any

action or task, shall be extended for a period equal to the time during which such

Party was unable to perform such action as a result of Force Majeure.

2.5.4 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 continue to be paid under the

terms of this Contract, as well as 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 Service after the end of such period.

2.6 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.


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2.7 Termination

2.7.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) days‟ written

notice of termination to the Consultants, to be given after the occurrence of any of

the events specified in paragraphs (a) through (d) of this Clause 2.7.1 and sixty (60)

days‟ in the case of the event referred to in (e):

a) if the Consultants do not remedy a failure in the performance of their obligations

under the Contract, within thirty (30) days of receipt after being notified or within

such further period as the Client may have subsequently approved in writing;

b) if the Consultants (or any of their Members) become insolvent or bankrupt;

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 consultant, in the judgment of the Client has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting of anything

of value to influence the action of a public official in the selection process or in contract

execution.

“fraudulent practice” means a misrepresentation of facts in order to influence a

selection process or the execution of a contract to the detriment of GOK, and includes

collusive practice among consultants (prior to or after submission of proposals)

designed to establish prices at artificial non-competitive levels and to deprive GOK of

the benefits of free and open competition.

e) if the Client, in its sole discretion and for any reason whatsoever, decides to

terminate this Contract.


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2.7.2 By the Consultants

The Consultants may terminate this Contract, 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 (c) of this Clause 2.7.2:

a) if the Client fails to pay any monies due to the Consultants pursuant to this

Contract and not subject to dispute pursuant to Clause 7 hereof within forty-five

(45) days after receiving written notice from the Consultants that such payment

is overdue;

b) If the Client is in material breach of its obligations pursuant to this Contract and

has not remedied the same with in forty-five (45) days (or such longer period as

the Consultants may have subsequently approved in writing) following the

receipt by the Client of the Consultants‟ notice specifying such breach;

c) if, as the result of Force Majeure, the Consultants are unable to perform a

material portion of the Services for a period of not less than sixty (60) days.

2.7.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clause GC 2.7, or upon expiration of

this Contract pursuant to Clause GC 2.3, all rights and obligations of the Parties

hereunder shall cease, except:

I. such rights and obligations as may have accrued on the date of termination or

expiration;

II. the obligation of confidentiality set forth in Clause GC 3.3 hereof;

III. any right which a Party may have under the Applicable Law.

2.7.4 Cessation of Services

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

pursuant to Clauses GC 2.7.1 or GC 2.7.2 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


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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 3.7 and GC 3.8.

2.7.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.7.1 or 2.7.2, the Client

shall make the following payments to the Consultants:

(a) remuneration pursuant to Clause 6 for Services satisfactorily performed

prior to the effective date of termination;

(b) except in the case of termination pursuant to paragraphs (a) and (b) of

Clause 2.7.1, reimbursement of any reasonable cost incident to the prompt

and orderly termination of the Contract.

3. Obligations of the Consultants:

3.1 General

The Consultants shall perform the Services and carry out their obligations hereunder with all

due diligence, efficiency and economy, in accordance with generally accepted professional

techniques and practices, and shall observe sound management practices, and employ

appropriate advanced technology and safe methods. The Consultants shall always act, in

respect of any matter relating to this Contract or to the Services, as faithful advisers to the

Client and shall at all times support and safeguard the Client‟s legitimate interests in any

dealings with Sub consultants or third parties.

3.2 Conflict of Interests

3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause 6 shall constitute the

Consultants' sole remuneration in connection with this Contract or the Services, and

the Consultants shall not accept for their own benefit any trade commission,

discount or similar payment in connection with activities pursuant to this Contract

or to the Services or in the discharge of their obligations under the Contract, and the


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Consultants shall use their best efforts to ensure that the Personnel, any Sub-

consultants, and agents of either of them, similarly shall not receive any such

additional remuneration.

3.2.2 Procurement Rules of Funding Agencies

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 funding agencies and

shall at all times exercise such responsibility in the best interest of the Client. Any

discounts or commissions obtained by the Consultants in the exercise of such

procurement responsibility shall be for the account of the Client.

3.2.3 Consultants and Affiliates Not to engage in certain Activities

The Consultants agree that, during the term of this Contract and after its termination,

the Consultants and their affiliates, as well as any Sub-consultant and any of its

affiliates, shall be disqualified from providing goods, works or services (other than

the Services and any continuation thereof) for any project resulting from or closely

related to the Services.

3.2.4 Prohibition of Conflicting Activities

Neither the Consultants nor their Sub-consultants nor the Personnel shall 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; or

(b) after the termination of this Contract, such other activities as may be

specified in the SC.


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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 business or operations without the prior written consent of the Client.

3.4 Insurance to Be Taken out by the Consultants

The Consultants (a) 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

coverage, as shall be specified in the SC; and (b) at the Client request, shall provide

evidence to the Client showing that such insurance has been taken out and maintained and

that the current premiums have been paid.

3.5 Consultants’ Actions Requiring Client Prior Approval

The Consultants shall obtain the Executive Engineer, P.W.P & I.W.T. Department,

Belagavi Division, Belagavi ‟s prior approval in writing before taking any of the following

actions:

(a) entering into a subcontract for the performance of any part of the Services, it being

understood (i) that the selection of the Sub-consultant and the terms and conditions

of the subcontract shall have been approved in writing by the Client prior to the

execution of the subcontract, and (ii) that the Consultants shall remain fully liable

for the performance of the Services by the Sub consultant and its Personnel

pursuant to this Contract;

(b) appointing such members of the Personnel not listed by name in Appendix C

(“Key Personnel and Sub-consultants”), and

(c) any other action that may be specified in the SC.

3.6 Reporting Obligations


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The Consultants shall submit to the Client the reports and documents specified in

Appendix B in the form, in the numbers, and within the periods set forth in the said

Appendix.

3.7 Documents Prepared by the Consultants to Be the Property of the client

All plans, drawings, specifications, designs, reports and other documents and software

submitted by the Consultants in accordance with Clause 3.6 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 and software 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, if any, shall be

specified in the SC.

3.8 Equipment and Materials Furnished by the client

Equipment and materials made available to the Consultants by the Client or purchased by the

Consultants with funds provided by the Client shall be the property of the Client and shall

be marked accordingly. Upon termination or expiration of this Contract, the Consultants

shall make available to the Client an inventory of such equipment and materials and shall

dispose of such equipment and materials in accordance with the Client‟s instructions. While

in possession of such equipment and materials, the Consultants, unless otherwise instructed

by the Client in writing, shall insure them at the expense of the Client in an amount equal to

their replacement value.

4. Consultants’ Personnel and Sub-Consultants

4.1 Description of Personnel

The titles, agreed job descriptions, minimum qualifications and estimated periods of

engagement in the carrying out of the Services of the Consultants' Key Personnel are

described in Appendix C. The Key Personnel and Sub-consultants listed by title as well as

by name in Appendix C are hereby approved by the Client.

4.2 Removal and/or Replacement of Personnel


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(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 Key Personnel, the Consultants shall

forthwith provide as a replacement a person of equivalent or better qualifications.

(b) If the Client finds that any of the Personnel have (i) committed serious misconduct

or has been charged with having committed a criminal action, or (ii) have 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) The Consultants shall have no claim for additional costs arising out of or incidental

to any removal and/or replacement of Personnel.

5. Obligations of the Clients

5.1 Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the

Government shall:

(a) issue to officials, agents and representatives of the Government all such instructions

as may be necessary or appropriate for the prompt and effective implementation of

the Services;

(b) assist the Consultants and the Personnel and any Sub-consultants employed by the

Consultants for the Services from any requirement to register or obtain any permit to

practice their profession or to establish themselves either individually or as a

corporate entity according to the Applicable Law;

(c) provide to the Consultants, Sub-consultants and Personnel any such other assistance

as may be specified in the SC.

5.2 Services and Facilities

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 D at the times and in the manner specified in said Appendix D, provided that if

such services, facilities and property shall not be made available to the Consultants as and


89

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.

6. Payment to the Consultants:

6.1 Lump Sum Remuneration

The Consultant‟s total remuneration shall not exceed the Contract Price and shall be a fixed

lump sum including all staff costs, Sub-consultants‟ costs, printing, communications, travel,

accommodation, and the like, and all other costs incurred by the Consultant in carrying out

the Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price

may only be increased above the amounts stated in clause 6.2 if the Parties have agreed to

additional payments in accordance with Clause 2.4.

6.2 Contract Price

The Contract price is set forth in the SC6.2.

6.3 Payment for Additional Services

For the purpose of determining the remuneration due for additional services as may be

agreed under Clause 2.4, a breakdown of the lump sum price is provided in Appendices D

and E.

6.4 Terms and Conditions of Payment

Payments will be made to the account of the Consultants and according to the payment

schedule stated in the SC. Unless otherwise stated in the SC, the first payment shall be

made against the provision by the Consultants of a bank guarantee for the same amount, and

shall be valid for the period stated in the SC. Any other payment shall be made after the

conditions listed in the SC for such payment have been met, and the Consultants have

submitted an invoice to the Client specifying the amount due.

6.5 Interest on Delayed Payments- Deleted


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If the Client has delayed payments beyond thirty (30) days after the due date stated in the

SC, interest shall be paid to the Consultants for each day of delay at the rate stated in the

SC.

7. Settlement of Disputes

7.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in

connection with this Contract or its interpretation.

7.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract that cannot

be settled amicably within sixty (60) days after receipt by one Party of the other Party's

request for such amicable settlement may be submitted by either Party for settlement in

accordance with the provisions specified in the SC


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III. SPECIAL CONDITIONS OF CONTRACT

Number of Amendments of, and Supplements to, Clauses in the General

GC Clause * Conditions of Contract

[1.1 (h) The Member in Charge is

[1.4.1 The addresses are:

Client :

_____________

_____________

Attention : ________________

Telex : ________________

Facsimile : ________________

E-mail : ________________

Consultants :

________________

________________

Attention : ________________

Telex : ________________

Facsimile : ________________

E-mail : ________________

[Note1: Fill in the blanks]

[1.4.2 Notice shall be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery;

(b) in the case of telexes/e-mail, 24 hours following confirmed transmission;

(c) in the case of telegrams, 24 hours following confirmed transmission; and

(d) in the case of facsimiles, 24 hours following confirmed transmission.]

[1.6 The Authorized Representatives are:


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For the Client :

For the Consultant :

[1.7.1 The 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.

[1.7.2 However the Consultancy Services tax payable for this Consultancy Services shall be paid/

reimbursed by the Client separately.]

[2.1 The date on which this Contract shall come into effect is: Date of workorder

[2.2 The time period shall be 60 days[Note: Fill in 30 days or any other appropriate] orsuch

other time period as the parties may agree in writing]

[2.3 The period shall be 2 months[Note: Fill in the period, e.g., twenty-four (24) months or such

other period as the parties may agree in writing].

[3.4 The risks and the coverage‟s shall be:

(1) Third Party motor vehicle liability insurance as required under Motor Vehicles Act,

1988, in respect of motor vehicles operated in India by the Consultants or their

Personnel or any Sub-consultants or their Personnel, for the period of Consultancy;

(2) Third Party liability insurance, is a must be for the period of Consultancy;

(3) Client‟s liability and workers' compensation insurance in respect of the Personnel of

the Consultants and of any Sub-consultant, in accordance with the relevant provisions

of the Applicable Law, as well as, with respect to such Personnel, any such life, health,

.


93

accident, travel or other insurance as may be appropriate;

(4) Professional liability insurance, with a minimum coverage equal to total contract value

for this consultancy; and

(5) Insurance against loss of or damage to (i) equipment purchased in whole or in part

with funds provided under this Contract, (ii) the Consultants' property used in the

performance of the Services, and (iii) any documents prepared by the Consultants in

the performance of the Services.

The other actions are

[3.7 The Consultants shall not use these documents for purposes

unrelated to this Contract without the prior written approval of the

Client]

[5.1 Note: List here any changes or additions to Clause GC5.1 If there are no such changes or

additions, delete this Clause SC5.1 from the SC.]

[6.2 The amount of Contract is Rs.

[6.4 The account is :…………………….

[6.5 Payments shall be made within 60 days of receipt of the invoice and the relevant documents

specified in Clause 6,4 and within 90 days in the case of the final payment.

The interest rate is _________ per annum (this clause is deleted. )

[7.2 dispute shall be settled by arbitration in accordance with the following provisions.

[7.2.1 Selection of Arbitrators”

Each dispute submitted by a party to arbitration shall be heard by a sole arbitrator or an

arbitration panel composed of three arbitrators, in accordance with the following provisions.


94

(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to

appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator

within thirty (30) days after receipt by the other Party of the proposal of a name for such

an appointment by the Party who initiated the proceedings, either Party may apply to the

President, Institution of Engineers India*, 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

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, Institution of Engineers

India*, 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 7.2.1 (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.

7.2.2 Rules of Procedure


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Arbitration proceedings shall be conducted in accordance with procedure of the Arbitration

& Conciliation Act 1996, of India

7.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substitute shall be

appointed in the same manner as the original arbitrator.

7.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c)

of Clause 7.2.1 hereof shall be a nationally recognized legal or technical expert with

extensive experience in relation to the matter in dispute.

7.2.5 Miscellaneous

In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held in Bangalore.

(b) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third

arbitrator if there is no such majority) shall be final and binding and shall be enforceable

in any court of competent jurisdiction, and the Parties hereby waive any objections to or

claims of immunity in respect of such enforcement. 1 Modify

appropriately Insert President

Indian Road Congress ( For roads and Bridge works) or any other appropriate institution (

for other type consultancies)


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APPENDICES

Appendix A: Description of the Services

Appendix B: Reporting Requirements

Appendix C: Key Personnel and Sub-consultants

As Stated in the Technical and Financial proposal of the Consultant (Enclosed

Separately)

Appendix D:

Services and Facilities to be provided by the Client

NIL

Appendix E: Breakdown of Contract Price in Indian Rupees


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Appendix F: Form of Bank Guarantee for Advance Payments

(Reference SC Clause 6.4 of Contract)

(To be stamped in accordance with Applicable Stamp Act, if any)

Ref: Bank Guarantee: Date:

Dear Sir,

In consideration of M/s._________________ (hereinafter referred as the “Client”, which expression

shall, unless repugnant to the context or meaning thereof include it successors, administrators and assigns)

having awarded to M/s._______________ (hereinafter referred to as the “Consultant” which expression

shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors

and assigns), a contract by issue of Clients Contract Agreement No. ___________ dated

_____________and the same having been unequivocally accepted by the Consultant, resulting in a

Contract valued at for _____________Contract (hereinafter called the “Contract”) (scope of

work) and the client having agreed to make an advance payment to the Consultant for performance of the

above Contract amounting to____________________________ (in words and figures) as an advance

against Bank Guarantee to be furnished by the Consultant.

We_______________ (Name of the Bank) having its Head Office at ___ _________________

(hereinafter referred to as the Bank), which expression shall, unless repugnant to the context or meaning

thereof, include its successors, administrators executors and assigns) do hereby guarantee and undertake

to pay the Client immediately on demand any or, all monies payable by the Consultant to the extent of

_________ as aforesaid at any time up @____________________ without any demur,

reservation, contest, recourse or protest and/or without any reference to the consultant. Any such demand

made by the Client on the Bank shall be conclusive and binding notwithstanding any difference between

the Executive Engineer, P.W.P & I.W.T. Department, Belagavi Division Belagavi and the Consultant or

any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the

Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Client

discharges this guarantee.


98

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 Consultant and

notwithstanding any security or other guarantee that the client may have in relation to the Consultant‟s

liabilities.

Not with standing anything contained herein above our liability under this guarantee is limited to______

and it shall remain in force up to and including and shall be extended from time to time for such period

(not exceeding one year), as may be desired by M/s. on whose behalf this guarantee has been given.

Dated this ___________ day of __________ 20 ____ at

WITNESS

(Signature) (Signature)

(Name) (Name)

(Official Address) Designation (with Bank stamp)


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Attorney as per Power of

Attorney No. Dated

Note: The bank guarantee shall be issued either by a bank (Nationalized/Scheduled) located in

India

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