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
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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
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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.
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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
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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
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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.
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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,
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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.
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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
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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.
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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.
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(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
Eligible Assignments.
Traffic - cum-
Safety Expert
Post Graduate in Traffic
and/ or Transportation
Engineering/ Planning
7 years He should have worked as
a Traffic/ Transportation
Engineer/ Planner for two
Eligible Assignments.
Surveyor Diploma in Surveying
or Graduate/Diploma in
Civil Engineering
7 years He should have worked as
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.
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(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.
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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
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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.
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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.
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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:
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Name of Consultant:
Address:
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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:
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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.
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CONSULTANT’S NAME:
3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN
FOR PERFORMING THE ASSIGNMENT
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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.
..
..
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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
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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.]
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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:
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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:
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Consultant Managing Director
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.
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Consultant Managing Director
SECTION 4. FINANCIAL PROPOSAL - STANDARD FORMS
4A. Financial Proposal submission form.
4B. Summary of costs.
4C. Breakdown of costs.
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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:
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Name of the Consultant:
Address:
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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.
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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,
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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.
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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
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Terms of Reference (TOR)
For
TECHNICAL CONSULTANT
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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.
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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.
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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.
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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
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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
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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
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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.
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(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:
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(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
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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
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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.
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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
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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.
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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.
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(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
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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.
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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.
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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.
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SECTION 6. CONTRACT FOR CONSULTANT’S SERVICES
Between
Managing Director
BSCL, Belagavi
and
[Name of Consultants]
Dated:
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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
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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)
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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
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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,
.
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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.
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(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.
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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)
Consultant Managing Director
99
Attorney as per Power of
Attorney No. Dated
Note: The bank guarantee shall be issued either by a bank (Nationalized/Scheduled) located in
India