Rad82A1ERFP Vadodara Mumbai Expressway

National Highways Authority of India (Ministry of Road Transport & Highways) Government of India
Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for the construction of the Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT
REQUEST FOR PROPOSAL (RFP)
March, 2011
G 5 & G 6, Sector 10, Dwarka New Delhi 110 075
INDEX
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Contents Notice for inviting the proposals for Consultancy services Letter of Invitation Annexure - I : List of Project along with Package No. Data Sheet Annexure -II : Name of the Project Appendix -1 : Formats for Proof of Eligibility Appendix - II : Formats for Technical Proposals Appendix - III : Formats for Financial Proposals Appendix - IV : Terms of Reference Supplement I: Additional requirement for safety audit Enclosure - I : Manning Schedule Enclosure - II : Qualification Requirements of Key Personnel Enclosure - III : Schedule for Submission of Reports and Documents Appendix - V : Draft Contract Agreement Special Conditions of Contract Appendix - A Appendix - B Appendix - C Appendix - D Appendix - E Appendix - F Appendix - G Appendix - H Appendix - I Appendix - J
Page No.
National Highways Authority of India (Ministry of Road Transport & Highways) Government of India Invitation of Proposal Sub: Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for the construction of the Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT. National Highway Authority of India invites proposal for Consultancy services for assisting NHAI in acquiring land for the subject project on the basis of National Competitive bidding for the following work:
S. No. NH No. Stretch Approx. Length (in kms) 266.100 Package No. Period of assignment
Consultancy Services for Acquisition of land as per NH Act 1956 & as amended for construction of Vadodara Mumbai Expressway (km. 113.100 to 379.200) in the state of Gujarat & U/T of Dadra & Nagar Haveli. Consultancy Services for Acquisition of land as per NH Act 1956 & as amended for construction of Vadodara Mumbai Expressway (km. 0.000 to km. 113.100 and spur from km. 0.000 to km. 91.100) in the state of Maharashtra.
18 months
204.200
II
18 months
2. You are hereby invited to submit your proposal for Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for construction of Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT. The Letter of Invitation (LOI) and Terms of Reference (ToR) including Request for Proposal (RFP) could be obtained from NHAI from 08.03.2011 during office hours on payment of Non- refundable document fee of Rs. 5,000 (Rupees Five Thousand only) in the form of Demand Draft favouring National Highways Authority of India and payable at New Delhi. The RFP Document can also be downloaded from NHAI Web Site (www.nhai.org) from 08.03.2011. The Consultant who downloads the RFP document from the website will be required to pay the non-refundable fee of Rs 5000/- at the time of submission of the document. 3. The following schedule is to be followed for this assignment: i) Sale of bid documents: 08.03.2011 ii) Last date of receipt of queries at NHAI: 28.03.2011 (1700 hrs) iii) Date of submission of bids: 07.04.2011 (11.00 hrs) (L.P.Padhy) General Manager (Guj.&Raj.)
Letter of Invitation (LOI) No. NHAI/12012/1/VME/LA/2010 Dear Sir, Sub: Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for construction of Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT. 1. Introduction: The National Highways Authority of India (NHAI) has been entrusted with the construction, maintenance and management of Vadodara - Mumbai Expressway and spur on DBFO basis under NHDP Phase-VI. 08.03.2011
1.1
NHAI invites proposals for the Acquisition of land for ROW as per NH Act 1956 (amended) for the construction of the Vadodara Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT. The detail of the stretch is given in Annexure I. 1.2 A brief description of the assignment and its objectives are given in the enclosed Terms of Reference. 1.3 You are hereby invited to submit proposals in the manner prescribed in the RFP. Only one set of document regarding would suffice. One clearly marked envelope contains Proof of eligibility. The Second envelope containing the Technical Proposal shall be marked envelope contains Technical Proposal and third the financial proposal shall be marked envelope contains Financial Proposal. The most preferred bidder for package would be determined on the basis of Quality and Cost. 1.4 Deleted 1.5 To obtain first hand information on the assignment and on the local conditions, you are encouraged to pay a visit to the client, local State PWDs and the project site before submitting a proposal. You must fully inform yourself of local and site conditions and take them into account in preparing your proposal. 1.6 Financial Proposals will be opened for all technically qualified consultants in accordance with clause 5.1 hereof. The consultancy services will be awarded to the consultants on the basis of Quality and Cost. 1.7 Please note that (i) costs of preparing the proposal and of negotiating the contract, including visits to the Client etc., are not reimbursable as a direct cost of the assignment; and (ii) Client is not bound to accept any of the proposals submitted and reserve the right to reject any or all proposals without assigning any reasons. 1.8 The proposals must be properly signed as detailed below: i. by the proprietor in case of a proprietary firm; ii. by the partner holding the Power of Attorney in case of a firm in partnership (A certified copy of the Power of Attorney shall accompany the proposal); iii. by a duly authorized person holding the Power of Attorney in case of a Limited Company or a corporation (A certified copy of the Power of Attorney shall accompany the proposal); iv. by the authorized representative in case of Joint Venture (A certified copy of the authorization shall accompany the proposal).
1.9
In case of Joint Venture (JV) of firms, JV shall have not more than two firms. The proposal shall be accompanied by a certified copy of the Joint Venture agreement. In case of an Association of Firms, the Association shall have not more than two members. A copy of legally binding Memorandum of Understanding (MOU), signed by both associates shall accompany the proposal. The JV Agreement or MOU, as applicable, shall confirm the following therein: i. Date and place of signing; ii. iii. iv. Purpose of Joint Venture/Association (must include the details of contract works for which the joint venture has been invited to bid); A clear and definite description of the proposed administrative arrangements for the management and execution of the assignment; Delineation of duties, responsibilities and scope of work to be undertaken by each along with resources committed by each partner / member of the JV/Association for the proposed services; An undertaking that the firms are jointly and severally liable to the Employer for the performance of the services and, The authorized representative of the joint venture/Association.
v. vi.
1.10 In case of Joint venture, the firm which has submitted experience certificates to meet the eligibility requirements will act as the lead firm representing the Joint Venture. The duties, responsibilities and powers of such lead firm shall be specifically included in the MOU / agreement. It is expected that the lead partner would be authorized to incur liabilities and to receive instructions and payments for and on behalf of the Joint Venture. For a JV to be eligible for bidding, the experience of lead partner and other partner should be as indicated in the enclosed Data Sheet. 1.11 Any alternative proposal, such as one by a firm in sole capacity and another in JV or association with another firm, for the same package will be summarily rejected. In such an event, all the proposals submitted by such firm and his JV partner or associate shall be rejected. 1.12 The proposal of a firm is liable to be rejected if the firm makes any false or misleading statement in the proposal(s) without prejudice to the rights of NHAI to initiate further proceedings against the said Firm(s). Documents: To enable you to prepare a proposal, please find and use the attached Documents listed in the Data Sheet. 2.1 Consultants requiring a clarification of the Documents must notify the Client, in writing, by 28.03.2011 (1700 hrs) after duly visiting the project stretch. Any request for clarification in writing or by tele-fax must be sent to the Clients address indicated in the Data Sheet. The Client will respond by cable, tele-fax to such requests and copies of the response will be sent to all Consultants who have purchased the RFP document. 2.2 At any time before the submission of proposals, the Client may, for any reason, whether at its own initiative or in response to a clarification requested by a Consulting firm, modify the Documents by amendment. The amendment will be notified in writing or tele-fax to all consulting firms who have purchased the RFP document and will be binding on them. The Client may at its discretion extend the deadline for the submission of proposals. 3 PREPARATION OF PROPOSAL: Your proposal shall be prepared in three separate parts, each to be contained in a separate cover as follows: 2
3.1 Cover 1: Documents in support of Proof of Eligibility 3.2 Cover 2: Technical Proposal 3.3 Cover 3: Financial Proposal (The information shall be furnished in the formats prescribed in Appendices I, II and III.) 3.1 3.1.1 Proof of eligibility The envelope marked DOCUMENTS IN SUPPORT OF PROOF OF ELIGIBILITY shall contain the following in the formats prescribed in Appendix I of Data Sheet. (i) Firms experience: (ii) Firms turnover for the last 5 years supported by certified copies of audit reports 3.1.2 The experience certificate from clients in support of having completed similar work of minimum length as specified in data sheet for the project size preferably in similar area of the proposed project. Certificate should indicate clearly the firms Experience in DPR, Cadastral survey, Software Development & ROW/ROU Acquisition, etc. Scope of services rendered by the firm should be clearly indicated in the certificate obtained from the client. The minimum essential requirement in respect of eligibility has been indicated in the data sheet, the proposal found deficient in any aspects of these requirements will not be considered for further evaluation. Under the technical proposal, only the CVs of the key personnel in the prescribed format as per Appendix-II is to be furnished. It may please be ensured that the format is strictly followed and the information furnished therein is true and correct. The CV must indicate the work in hand and the duration till which the person will be required to be engaged in that assignment. You are expected to examine all terms and instructions included in the Documents. Failure to provide all requested information will be at your own risk and may result in rejection of your proposal. During preparation of the technical proposal, you must give particular attention to the following: Total assignment period is as indicated in the enclosed TOR. A manning schedule in respect of requirement of key personnel is also furnished in the TOR which shall be the basis of the Financial proposal. You shall make your own assessment of support personnel both technical and administrative to undertake the assignment. Additional support and administrative staff need to be provided for timely completion of the project within the total estimated cost. It is stressed that the time period for the assignment indicated in the TOR should be strictly adhered to. ii. No alternative to key personnel may be proposed and only one CV may be submitted for each position in the format given at Appendix-II. The minimum requirements of Qualification and Experience of all key personnel are listed in Enclosure-II. The proposal not meeting the minimum requirement specified shall not be evaluated further. However, the client reserves the right to lower the minimum requirements in the interest of work without giving any notice.
3.1.3
3.2 Technical Proposal 3.2.1
3.2.2
3.2.3
i.
iii. The availability of key personnel must be ensured at site during the period shown in the manning schedule; iv. Age limit for Team Leader & Revenue Specialist is 70 years. Age limit for all other key personnel is 65 years as on the date of bid submission. The proof of age and qualification of the key personnel must be furnished in the technical proposal. v. An undertaking from the key personnel must be furnished that he/she will be available for entire duration of the project assignment and will not engage himself/herself in any other assignment during the currency of his/her assignment on the project. After award of work, in case of non availability of key personnel in spite of his/her declaration, he/she shall be debarred for a period of two years for all projects of NHAI. vi. Age limit for supporting staff to be deployed on project is not more than 60 years as on the date of bid submission. vii. A good working knowledge in English and local Language is essential for key professional staff on this assignment. Documents and reports must be in ENGLISH/local Language. viii.Photo, contact address and phone/mobile number of key personnel should be furnished in the CV. ix. Deleted x. In case a firm is proposing key personnel from educational/research institutions, a No Objection Certificate from the concerned institution should be closed with the CV of the proposed key personnel committing his services for the instant project. xi. Deleted. 3.2.4 Your technical proposal must include the following information but not limited to the formats attached in Appendix II. The composition of the proposed Team and Task Assignment to individual personnel Original Curriculum Vitae (CV) for package need to be recently signed in blue ink by the proposed key professional staff and also by an authorized official of the Firm and each page of the CV must be signed. The key information shall be as per the format. Photocopy of the CVs will not be accepted. Unsigned copies of CVs shall be rejected. iii. Proposed work programme and methodology for the execution of the services illustrated with bar charts of activities, including survey equipment and procedure, any change proposed in the methodology of services indicated in the TOR, and procedure for quality assurance. iv. Estimates of the total time effort (person x months) to be provided for the services, supported by bar diagrams showing the time proposed (person x months) for each Key Professional staff. v. In case the consultant envisages out source certain specialized services to the expert agencies, the details of the same indicating the arrangement made with the agencies need to be furnished. These agencies would however, be subject to approval of the client to ensure quality input by such agencies during technical negotiation before award of the work. For out-sourced services, proposed firms/consultants should have such experience on similar projects. vi. Estimates of the total time effort (person x months) to be provided for the services, supported by bar diagrams showing the time proposed (person x months) for each Key Professional staff. vii. Comments or suggestion on the TOR, if any.
i. ii.
3.2.5 3.3.1
The technical proposal must not include any financial information. The Financial proposal should include the costs associated with the assignment. These shall normally cover: remuneration for staff (foreign and local, in the field, office etc), accommodation, transportation, equipment, printing of documents, surveys, geo-technical investigations etc. This cost should be broken down into foreign and local costs. Your financial proposal should be prepared strictly using, the formats attached in Appendix III. Your financial proposal should clearly indicate the amount asked for by you without any assumptions of conditions attached to such amounts. Conditional offer or the proposal not furnished in the format attached in Appendix-III shall be considered non-responsive and is liable to be rejected. The financial proposal shall take into account all types of the tax liabilities and cost of insurance specified in the Data Sheet. Costs shall be expressed in Indian Rupees in case of domestic Consultant and in Indian Rupees and US Dollars in case of foreign Consultant. The payments shall be made in Indian Rupees by the National Highways Authority of India and the Consultant themselves would be required to obtain foreign currency to the extent quoted and accepted by NHAI. Rate for foreign exchange for payment shall be at the rate established by RBI applicable at the time of making each payment installment on items involving actual transaction in foreign currency. No compensation done to fluctuation of currency exchange rate shall be made. Consultants are required to charge only rental of equipments/ software(s) use so as to economize in their financial bid. Submission of Proposals The Applicants shall submit the details on issued/downloaded Application and in hard bound form with all pages numbered serially and by giving an index of submissions. Applications submitted in other forms like spiral bound form; loose form etc shall be rejected. No copies of proposals shall be submitted. You must submit the proposal as indicated in the Data Sheet. Each proposal will be sealed in an outer envelope, which will bear the address and information indicated in the Data Sheet. The envelope must be clearly marked: Project Name.. , Consultancy Package No. .. Do not open, except in presence of the evaluation committee
3.3 Financial Proposal
3.3.2 3.3.3
3.3.4
4 4.1
4.2
4.2.1
This outer envelope will contain three separate envelopes, one clearly marked Documents in support of Proof of eligibility, second one marking Technical Proposal and the third clearly marked Financial Proposal. The technical and financial proposal must be prepared in indelible ink and must be signed by the authorized representative of the consultants. The letter of authorization must be confirmed by a written power of attorney accompanying the proposals. All pages of the original technical and financial proposals must be numbered and initialed by the person or persons signing the proposal.
4.2.2
4.3
The proposal must contain no interlineations or overwriting except as necessary to correct errors made by the Consultants themselves, in which cases such corrections must be initialed by the person or persons signing the proposal. Your completed proposal must be delivered on or before the time and date stated in Data Sheet. Your proposal must be valid for the number of days stated in the Data Sheet from the closing date of submission of proposal. Proposal Evaluation A three-stage procedure will be adopted in evaluating the proposal. In the first stage, eligibility of the firm will be ascertained on the basis of experience certificates, firms turnover and other information required to be submitted in Appendix I. The firms failing to meet the minimum requirement will be rejected. In the second stage a technical evaluation will be carried out. Only those technical proposals, which score at least 75 points out of 100, shall be considered for financial evaluation in the third stage. The firms will be ranked using combined technical and financial scores, as indicated in the Data Sheet. Evaluation of Technical Proposal: The evaluation committee appointed by the Client will carryout its evaluation applying the evaluation criteria and point system specified in the Data Sheet. Each responsive proposal will be assigned a technical score (ST). Evaluation of Financial Proposal: For financial evaluation, total cost of financial proposal will be considered. This however, does not include: (i) service tax, which are reimbursable (ii) any taxes and duties payable in respect of expatriate key personnel.
4.4 4.5 5 5.1
5.2
5.3
5.4
The evaluation committee will determine whether the financial proposals are complete, unqualified and unconditional. The cost indicated in the financial proposal shall be deemed as final and reflecting the total cost of services. Omissions, if any, in costing any item shall not entitle the firm to be compensated and the liability to fulfill its obligations as per the terms of reference within the total quoted price shall be that of the consultant. The Committee will correct the computational errors, if any, and correct the prices in different currencies to the single currency specified in Data Sheet. The official selling rates are to be provided by the source indicated in Data Sheet. The evaluation shall exclude those taxes, duties, fees, levies and other charges imposed under the applicable law as applicable on foreign and domestic inputs. The lowest financial proposal (FM) will be given a financial score of 100 points. The financial scores (SF) of other proposals will be computed as follows: SF = 100 x FM/F (F = amount of financial proposal converted in the common currency)
5.5
Combined Evaluation of Technical and Financial Proposals Proposals will finally be ranked according to their combined technical (ST) and financial (SF) scores using the weights indicated in the Data Sheet: S = ST x T + SF x F Where, T and F are weights assigned to technical and financial Proposals respectively as given in the Data Sheet.
6 6.1
Negotiations Prior to the expiration period of proposal validity, the Client will notify the most preferred Consultant i.e. the lowest bidder consultant in writing by registered letter, cable, telex or facsimile and invite him to negotiate the Contract. Each key personnel of the preferred consultant shall be called for interview at the time of negotiation at the cost of consultant before the award of work. Negotiations normally take two to three days. The aim is to reach agreement on all points and initial a draft contract by the conclusion of Negotiations. Negotiations will commence with discussion on technical proposal, the proposed methodology (work plan), staffing and any suggestions made to improve the TOR, the staffing and bar charts, which will indicate activities, staff and periods in the field and in the home office, staff months, logistics and reporting. The financial proposal is subject to rationalization. Special attention will be paid to optimize the required outputs from the Consultants within the available budget and to define clearly the inputs required from the Client to ensure satisfactory implementation of the Assignment. Changes agreed upon will then be reflected in the financial proposal using proposed unit rates. Having selected Consultants, among other things, on the basis of an evaluation of proposed key professional staff, the Client expects to negotiate, within the proposal validity period, a contract on the basis of the staff named in the proposal and, prior to contract negotiations, will require assurances that the staff will be actually available. The Client will not consider substitutions during contract negotiations except in cases of incapacity of key personnel for reasons of health. Similarly, after award of contract the Client expects all of the proposed key personnel to be available during implementation of the contract. The client will not consider substitutions during contract implementation except under exceptional circumstances. For the reason other than death/ extreme medical ground (i) for total replacement upto 33% of key personnel, remuneration shall be reduced by 5% (ii) for total replacement between 33% to 50%, remuneration shall be reduced by 10% (iii) for a total replacement between 50 % and 66 % remuneration shall be reduced by 15 % (iv) for total replacement beyond 66% of the total key personnel, the Client may initiate debarment proceedings so as to debar such consultant for future projects of NHAI for a period of 6 months to 24 months. If, for any reason beyond the reasonable control of the consultants, it becomes necessary to replace any of the personnel, the consultants shall forthwith provide as a replacement a person of equivalent or better qualification and experience. The details related to para 3.3 (v), 3.3 (vi) and 5.2 would also be finalized during negotiation.
6.2 6.3 6.4
6.5 6.6
6.7
6.8
The negotiations will be concluded with a review of the draft form of Contract. The Client and the Consultants will finalize the contract to conclude negotiations. Performance Securities
The consultant will furnish within 10 days of the issue of Letter of Acceptance (LOA), an unconditional Bank Guarantee from the Bank (Generally, by SBI or its subsidiaries or any Indian nationalized bank or IDBI or ICICI or ICICI Bank or by a foreign bank through a correspondent bank in India) for an amount equivalent to 10 % of the total contract value to be received by him towards Performance Security valid for a period of three years beyond the date of completion of services. The Bank Guarantee will be released by NHAI upon expiry of 3 years beyond the date of completion of services provided, upon rectification of errors, if any, found during implementation of the contract for civil work. 8 Penalty
The consultant will indemnify for any direct loss or damage that accrue due to deficiency in services in carrying out land acquisition and other works explained in TOR. Penalty shall be imposed on the consultants for poor performance/deficiency in service as expected from the consultant and as stated in General Conditions of Contract. 9 9.1 Award of Contract The Contract will be awarded after successful Negotiations with the successful Consultants. If negotiations (as per para 6 above) fail, the Client may invite the 2nd most preferred Consultant for Contract negotiations. The selected Consultant is expected to commence the Assignment on the date and at the location specified in the Data Sheet. Confirmation We would appreciate if you inform us by telex/facsimile: i. Your receipt of the letter of invitation ii. Whether or not you will submit a proposal. Thanking you. Yours sincerely,
9.2 10
(L.P.Padhy) General Manager (Guj.&RAj.) National Highways Authority of India G-5 & G-6, Sector 10, Dwarka New Delhi 110 075 Encl.: As above
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Annexure-I Detail of the stretch proposed for Projects S. No. 1 NH No. Stretch Approx. Length (in kms) 266.100 Package No. I Period of assignment 18 months
Consultancy Services for Acquisition of land as per NH - Act 1956 & as amended for construction of Vadodara - Mumbai Expressway (km. 113.100 to 379.200) in the state of Gujarat & U/T of Dadra & Nagar Haveli. Consultancy Services for Acquisition of land as per NH - Act 1956 & as amended for construction of Vadodara - Mumbai Expressway (km. 0.000 to km. 113.100 and spur from km. 0.000 to km. 91.100) in the state of Maharashtra.
204.200
II
18 months
11
DATA SHEET (References to corresponding paragraphs of LOI are mentioned along side) 1. The Name of the Assignment is: (Ref. Para 1.1)
Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for construction of Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT. (Name of Project as mentioned at Annexure-I) (The Name of project and Package No. should be indicated by the firm in the format given in the technical proposal) 2. The Name of the Client is: Chairman, National Highways Authority of India G-5 & G-6, Sector-10, Dwarka, New Delhi - 110 075 (Ref. Para 1.1)
3. The Description of the Project:
Vadodara - Mumbai Expressway (km. 113.100 to 379.200) and construction of Vadodara - Mumbai Expressway (km. 0.000 to km. 113.100 and spur from km. 0.000 to km. 91.100) 4. Date and Time for submitting queries Date: Address: 28.03.2011 (1700 hours) Sh. L. P. Padhy, General Manager (Guj. & Raj.) National Highways Authority of India (NHAI) Room no.303 G-5 & G-6, Sector-10, Dwarka, New Delhi - 110 075 Tel: 011 25074100 (Extn. 1412); Fax: 011 25074100 (Extn. 2457) (Ref. Para 2.1) Proof of Eligibility Formats for Technical Proposal Formats for Financial Proposal Terms of Reference (TOR) Draft Contract Agreement (Ref. Para 2.2)
5. The Documents are: i. Appendix-I: ii. Appendix-II: iii. Appendix-III: iv. Appendix -IV v. Appendix-V 6. Deleted
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7. Tax and Insurance
(Ref. Para 3.5.2)
The Consultants and their personnel shall pay all taxes (including service tax), custom duties, fees, levies and other impositions levied under the laws prevailing seven days before the last date of submission of the bids. The effects of any increase / decrease of any type of taxes levied by the Government shall be borne by the Client / Consultant, as appropriate. The Consultant will remit service tax monthly or as applicable under the law and seek reimbursement from NHAI. 1. Limitations of the Consultants Liability towards the Client (Ref. para 8)
a) Except in case of negligence or willful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants, with respect to the damage caused by the Consultants to the Clients property, shall not be liable to the Client: (i) (ii) for any indirect or consequential loss or damage; and, For any direct loss or damage that exceeds; (A) the total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder, or (B) the proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (B) is higher.
b) The Limitation of liability shall not affect the Consultants liability, if any, for damage to Third Parties caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the Services. 3. The risks and the coverage shall be as follows: (a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988 in respect of motor vehicles operated in India by the Consultants or their Personnel or any Sub consultants or their Personnel for the period of consultancy. (b) Third Party liability insurance with a minimum coverage, for Rs. 1.00 million for the period of consultancy. (c) (i) The Consultant shall provide to NHAI Professional Liability Insurance (PLI) for a period of five years beyond completion of Consultancy services or as per Applicable Law, whichever is higher. (ii) The Consultant will maintain at its expense PLI including coverage for errors and omissions caused by Consultants negligence in the performance of its duties under this agreement, (A) For the amount not exceeding total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder OR (B) the proceeds, the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (B) is higher. iii) The policy should be issued only from an Insurance Company operating in India.
13
iv) The policy must clearly indicate the limit of indemnity in terms of Any One Accident (AOA) and Aggregate limit on the policy (AOP) and in no case should be for an amount less than state in the contract. v) If the Consultant enters into an agreement with NHAI in a joint venture or in association, the policy must be procured and provided to NHAI by the joint venture/in association entity and not by the individual partners of the joint venture/ association. vi) The contract may include a provision thereby the Consultant does not cancel the policy midterm without the consent of NHAI. The insurance company may provide an undertaking in this regard. (d) Employers liability and workers compensation insurance in respect of the Personnel of the Consultants and of any Sub consultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and all insurances and policies should start from the date of commencement of services and remain effective as per relevant requirements of contract agreement. 8. The number of copies of the proposal required to be submitted: Only Original ...(Ref para 4.1) 9. The address is Sh. L.P.Padhy, General Manager (Guj.&Raj.) National Highways Authority of India (NHAI) Room no .303 G-5 & G-6, Sector-10, Dwarka, New Delhi - 110 075 Tel: 011 25074100 (Extn 1412); Fax: 011 25074100(Extn 2457) The envelopes must be clearly marked: (i) (ii) ORIGINAL PROPOSAL; TECHNICAL PROPOSAL or FINANCIAL PROPOSAL as Appropriate; and, (Ref. para 4.2)
(iii) DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION COMMITTEE on the outer envelope. (iv) Consultancy Package No. :------------(v) Project Name :-----------(vi) Name and Address of Consultant The proposal for Technical Proposal and Financial Proposal be submitted as per para 3 of LOI. 10. The date and time of proposal submission are: 08.04.2011 (up to 1100 hrs)
(Ref. Para 4.4)
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11. Proposal Validity period (days, date): 120 days 12. Evaluation criteria: 12.1 First stage evaluation
(Ref. Para 4.5) (Ref. Para 3 & 5) (Ref. Paras 1.8.3, 3.1 & 5.1)
Eligibility requirement of experience and the following information shall be provided for evaluation i) Firms Experience of projects and turnover during last five years shall be submitted in Forms I and II respectively of Appendix-I. The certificates from the clients in support of the experience claimed in Form I shall be as per the sample format given in Form III of Appendix-II. ii) Eligibility criteria for sole applicant firm or lead partner in case of JV / Association Minimum Experience of the Firm in land acquisition. Bidder should have completed ROW/ROU acquisition process for projects of linear project length not less than 500 Km or 1000Hectares, in accordance with the relevant Government Act. Firm should have past experience of having carried out Alignment Survey, Cadastral Survey and preparation of Land Acquisition Plans / Statement for minimum three (03) projects for National Highway / State Highway or equivalent for a total length of not less than 300 Km. Annual Turnover Annual turnover (average of last 5 years) of the firm should be equal to or more than Rs. 50 lakhs.
iii) In case of JV, lead partner must fulfill 75% the above requirements and the both JV partners collectively should fulfill the eligibility criteria as indicated above. Note: The weights for experience shall be considered as follows: S.No. Status of the firm Weightage for experience 1. Sole firm 100 % 2. Lead partner in a JV 75% 3. Other partner in a JV 25 % 4. Associate 10% Experience of any constituent of the firm or any subsidiary or holding company of the firm shall not be taken into consideration for evaluation of the experience of any firm. 12.1.1 Second stage: Technical Evaluation The points given to evaluation criteria are: Evaluation Criteria for Technical Proposal Description Points Firms Relevant Experience in last 5 years 20 Adequacy of Approach and Methodology 5 Qualification and Relevant Experience of the Proposed Key 75 Personnel Total 100 12.1.2 The number of points to be given under each of the evaluation criteria are:
(Ref. Para 5.1 & 5.2)
SL NR. 1 2 3
15
(i) The weightage points given to evaluation sub-criteria for qualifications and competence of key staff Weightage Points for Key Professionals Weight (%) Break up details General Qualification 25 in para Employment with firm 5 12.1.2 Relevant Experience and Adequacy for the Project 70 Total 100 Description (ii) Adequacy of the proposed work plan and methodology in responding to the TOR Sub criteria: (a) Understanding TOR (b) Quality methodology (c) Work Programme and Manning Schedule 5 2 2 1 ___________ Total 5 Points 25 10 10 10 10 10 75
The weight-age for various key staffs is as under: SL No. 1 2 3 4 5 6 Key Personnel Team Leader Cadastral Survey Specialist Senior Revenue Specialist-1 Senior Revenue Specialist-2 GIS Specialist Sr. CADD Engineer Total
The technical proposal should score at least 75 points out of 100 to be considered for financial evaluation. The weight (T) given to the Technical Proposal The weight (F) given to the Financial Proposal 12.2 Third stage Evaluation of Financial proposal Financial Proposals will be opened of all qualified consultants in accordance with clause 5.3 hereof. The consultancy services will be awarded to the consultant scoring highest marks in combined evaluation of Technical and Financial proposals in accordance with clause 1.3 and 5.4 hereof. 13. The common currency is Indian Rupee. (Ref. Para 3.5.3) Fixed Exchange rate for conversion (for bid evaluation purpose only): 1 US $=Rs. 46.00 14. Commencement of Assignment (Date, Location): The Consultants shall commence the services within fifteen days of the date of effectiveness of the contract at locations as required for the project stretch stated in TOR. (Ref. Para 9.2)
80 Per cent. 20 per cent.
(Ref. Para 5.2)
16
Annexure -II
Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for the construction of the Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT.
APPENDIX-I (Formats for Proof of Eligibility) (Form-I)
Firms Experience
Sl. No.
Name of the Project
Experience Cost of Date of Total Name & as sole address length of consultancy Start and Completion firm/ lead (in Rs.) Highway of partner in Client (km) [ US $1 = a JV/ other with tel. Rs 46] partner in no. a JV/ associate
Brief scope of work
1. 2. 3. 4. 5.
17
Appendix-I
(Form-II)
Firms turnover for the last 5 years (certified copies of the audit reports to be enclosed)
S. No.
Financial Year
Turnover (Rs. in Lacs )
1. 2. 3. 4. 5.
2005-06 2006-07 2007-08 2008-09 2009-10 Total Turnover Average Turnover
18
Appendix II (Form-I)
TECHNICAL PROPOSAL FROM: _______________________________ _______________________________ _______________________________ _______________________________ Sir: Subject: Hiring of Consultancy Service for ____________________________ ____________________________ TO: ______________________________ ______________________________ ______________________________ ______________________________
Regarding Technical Proposal I/We _____________________________ Consultant/ Consultancy firm herewith enclose Technical Proposal for selection of my/our firm/organization as Consultant for ____________________________.
Yours faithfully,
Signature ___________________ Full Name __________________ Designation _________________ Address ____________________
(Authorized Representative)
19
(Form-II) Details of projects for which Technical and Financial Proposals have been submitted Sl.No. Name of Project Consultancy Package No. Names of Proposed Key Personnel
1 2 3 4
20
Appendix - II (Form-III) FIRMS REFERENCES Relevant Services Carried out in the Last Seven Years Which Best Illustrate Qualifications The following information should be provided in the format below for each reference assignment for which your firm, either individually as a corporate entity or as one of the major companies within a consortium, was legally contracted by the client stated below: Assignment Name: Country:
Location within Country :
Professional Staff Provided by your firm: No. of Staff :
Name of Client :
Address :
No. of Staff Months :
Start Date (Month /Year)
Completion Date (Month / Year)
Approx. Value of Services : (in current USD) :
Name of Association Firm(s) if any :
No. of Months of Professional Staff provided by Associated Firm(s)
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 :
Signature of Authorised Representative
21
(Certificate from Employer regarding experience should be furnished in support)
(Form-IV)
CONSULTANT NAME:
APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE ASSIGNMENT
The approach and methodology will be detailed precisely under the following topics.
1) Composition of the team 2) Methodology for services, surveying, data collection and analysis
[not more than of a page] [not more than of a page]
3) Quality Assurance system for consultancy assignment [not more than of a page] ____________________________________________________________________
22
(Form-V)
COMMENTS/ SUGGESTIONS OF CONSULTANT
On the Terms of Reference: 1. 2. 3. 4. 5. .. ..
On the Data, services and facilities to be provided by the Client indicated in the Terms of Reference. 1. 2. 3. 4. 5. .. ..
23
(Form-VI) Composition of the Team Personnel and the task Which would be assigned to each Team Member
I. Technical/Managerial Staff S.No. Name 1 2 3 4 .. .. .. II. Support Staff S.No. Name 1 2 3 4 .. .. ..
Position
Task Assignment
Position
Task Assignment
24
(Form-VII) Photo Photo
Format of Curriculum Vitae (CV) For Proposed Key Staff 1. Proposed _________________________________________________________ 2. Name of Staff: _____________________________________________________________ 3. Date of Birth : _______________________(Please furnish proof of age) 4. Nationality: _______________________________________________________________ 5. Educational Qualification: (Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degrees obtained). (Please furnish proof of qualification) Contact Address with Phone and mobile numbers: 6. 7. Membership of Professional Societies: _________________________________________ Publication: (List of details of major technical reports/papers published in recognized national and international journals) Employment Record: (Starting with present position, list in reversed order, every employment held. List all positions held by staff member since graduation, giving dates, names of employing organization, title of positions held and location of assignments. For experience period of specific assignment must be clearly mentioned, also give client references, where appropriate). 9. Summary of the CV (Furnish a summary of the above CV. The information in the summary shall be precise and accurate. The information in the summary will have bearing on the evaluation of the CV). A) Education: i) Field of Graduation and year ii) Field of post graduation and year iii) Any other specific qualification Position:
8.
25
B)
Experience i) ii) Total experience in highways: ____________ Yrs Responsibilities held : i) _____________________ Yrs. ii) ______________________ Yrs. iii) ___________________ Yrs. Relevant Experience : __________ Yrs.
iii) C)
Permanent Employment with the Firm (Yes/No): : :
If yes, how many years If no, what is the employment Arrangement with the firm ?
Certification : 1. I am willing to work on the project and I will be available for entire duration of the project assignment and I will not engage himself in any other assignment during the currency of his assignment on the project. 2. I, the undersigned, certify that to the best of my knowledge and belief, this bio-data correctly describes me, my qualification and my experience. Signature of the Candidate ____________________ Place ____________________ Date ____________________ Phone No.________________ Signature of the Authorized Representative of the firm____________________ Place ____________________ Date ____________________ Note: Each page of the CV shall be signed in ink by both the staff member and the Authorized Representative of the firm. Photocopies will not be considered for evaluation.
26
UNDERTAKING FROM THE PROFESSIONAL I, . (Name, Address and mobile no.) have not left any assignment with the consultants engaged by NHAI / contracting firm (firm to be supervised now) for any continuing works of NHAI without completing my assignment. I will be available for the entire duration of the current project (named..). If I leave this assignment in the middle of the completion of the work, NHAI would be at liberty to debar me from NHAI projects for an appropriate period to be decided by NHAI. I have also no objection if my services are extended by NHAI for this work in future. (Signature of key personnel) UNDERTAKING FROM CONSULTING FIRM The undersigned on behalf of . (name of consulting firm) certify that Shri(name of the proposed personnel and address) to the best of our knowledge has not left his assignment with any other consulting firm engaged by NHAI / contracting firm (firm to be supervised now) for the ongoing projects. We understand that if the information about leaving the past assignment with NHAI without completing his assignment is known to NHAI, NHAI would be at liberty to remove the personnel from the present assignment and debar him for an appropriate period to be decided by NHAI. (Signature of Authorized Representative of Firm)
27
(Form-VIII) WORK PROGRAM AND TIME SCHEDULE FOR KEY PERSONNEL MONTHS (in the Form of Bar Chart)
Sl. No.
Name
Position
Report Due/ Activities
Months
Number of Months Sub Total (1) Sub Total (2) Sub Total (3) Sub Total (4)
1 2 3 4
Field Full : Reports Due: Activities : Duration :
Part Time :
28
(Form-IX) A. FIXING OF ROW PILLARS (1st, 2nd etc. are months from the date of assignment)
S. N 1 2 3 .. ..
Item of Work / Activities
Months
B. COMPLETION AND SUBMISSION OF REPORTS S.No. 1 2 3 4 .. .. Reports (As per section 10 of TOR) Programme
29
(Form X) Format for furnishing additional information as per clause 10.1 (1) of TOR
S.No. 1 2
Details of activity Publication of 3A notification under NH Act Hearing of objections and their disposal under section 3C of NH Act Publication of 3D notification under NH Act Valuation of structures Award of compensation Mutation of revenue records Supply of pillars at site Fixing of ROW pillars Physical surveys for land acquisition Connecting ROW pillars with GPS Obtaining clearances from various departments / authorities Development of software for ROW acquisition Submission of final completion report
To be Carried out / prepared by (Name/Designation)
To be Checked/ Verified by (Name/Designation)
3 4 5 6 7 8 9 10 11
12 13
(In column 2 all relevant activities since inception to the completion of all the above work should be covered)
30
Appendix III (Form-I) FINANCIAL PROPOSALS
FROM: ________________________ ________________________ ________________________
TO: ________________________ ________________________ ________________________
Sir: Subject: Hiring of Consultants Services for ____________________________ ____________________________
Regarding Price Proposal I/We____________________________________ Consultant/consultancy firm herewith enclose *Price Proposal for selection of my/our firm/organization as Consultant for ________________
Yours faithfully, Signature________________ Full Name_______________ Designation______________ Address_________________ (Authorized Representative) *The Financial proposal is to be filled strictly as per the format given in RFP.
31
(Form-II) Format of Financial Proposal Summary of Cost in Local and Foreign Currency ( US $ )
No. Description Local Consultants Remuneration for Local Staff (inclusive of per diem allowance) Supporting Staff (inclusive of per diem allowance) Per diem allowance of expatriate personnel Transportation Duty Travel to Site Office Rent Office Supplies, Utilities and Communication Office Furniture and Equipment (Rental) Development of Software Fixing of ROW pillars Sub-Total Local Consultants : Foreign Consultants Remuneration for Expatriate Staff Mobilization and Demobilization Total Cost Net of Tax : I. Income Tax (Expatriate) II. Import duties III. Value added tax CONTINGENCIES: Total cost net of service tax** Service Tax TOTAL COSTS (Including Service Tax) Amount (LC)* Amount (FC)*
I II III IV V VI VII VIII IX A B
F-I F-II Taxes and Duties
LC* Local Currency FC* Foreign Currency ** Total Cost Net of Service Tax shall be considered for financial evaluation Note: No escalation will be payable during the services Insurances shall not be allowed separately .These will be incidental to main items. Rates for all items shall be quoted in figures as well as in words.
32
(Form-III) Estimate of Local Currency Costs I Remuneration for Local Staff (including per diem allowance) S.No. 1 2 3 4 5 6 Position Professional Staff Team Leader Cadastral Survey Specialist Senior Revenue Specialist - 1 Senior Revenue Specialist 2 GIS Specialist Sr. CADD Engineer Sub-Total: Name Rate SM 18 18 18 18 12 15 99 Amt.
S.No. 1 2 3 4 5 6 7 8 9 10 11
Sub-Professional/ support Staff ( To be named by Consultant later) Position Nos. Rate SM Site Engineer 4 18 Surveyer 4 18 CADD Engineer 2 15 Land Acquisition / Revenue 4 18 Specialist Horticulture Expert 1 4 Forest Expert 1 4 Electrical Engineer 1 3 Valuation Expert 2 9 Revenue surveyor 8 18 Patwari 8 18 Helper 8 18 Sub-Total: 143 TOTAL 242
Amt.
II
Transportation (Fixed costs) S.No 1 2 Description Innova / Scorpio or equivalent Hard top four wheeler Total Qty. 2 4 Nos. of months 18 18 Rate/ Month Amount
III
Duty Travel to Site (Fixed Costs) Trips Consultant office to Site and back Number of Trips/per month 4 X 30 5 Rate Amount
33
IV
Office Rent (Fixed Costs) Nos. of Months 18 Rate/month Amount
The rent cost includes maintenance, cleaning, repairs, etc. V Office Supplies, Utilities and Communication (Fixed Costs) No 1. 2. 3. 4. VI Item Office Supplies Drafting Supplies Computer Running Costs of Domestic Communication Months 18 18 18 18 Monthly Rate Amount in Rs.
Office Furniture and Equipment (Rental) Sl. No Description Unit Qty. Rate / Month/ Unit (Rs.) Period in Months 18 18 Amount (Rs.)
1 2
3 4
Office Furniture (Rental/Hire) Executive Table (Godrej make, model No. T-108 or equivalent) Executive Chairs (Godrej make, model No. PCH-701 or equivalent) Tables (Godrej make, model No. T-104 or equivalent) Ordinary Chairs Type-1 (Godrej make, model No T-CHR 6 or equivalent) Tables (for all other staff) (Godrej make, model No. T-101 or equivalent) Ordinary Chairs Type II (for all other staff) (Godrej make, model No. CHR-6 Steel Almirah 1980mm x 915mm x 485mm (Godrej make, model No. 1 Storewell plain or equivalent) Steel Almirah 1270mm x 765mm x 440mm (Godrej make, model minor plain or equivalent)
Each Each
1 6
Each Each
5 10
18 18
Each
10
18
Each
20
18
Each
10
18
Each
18
34
Sl. No 9
Description
Unit
Qty.
Rate / Month/ Unit (Rs.)
10
11
12
13 14 15 16
2 3 4 5 6 7 8 9 10 11 12
Steel Cash Chest of size 1.5 x 1.5 (450 mm x 450 mm) (approx.) (Godrej make, or equivalent) 4 Drawer filling cabinet with visafile suspension system (Godrej make, or equivalent) Visitors chairs/Conference room chairs (Godrej make, model No. DCH7004 or equivalent) Tables for computers with 3 drawers, key board/mouse pull out trays size 1664mm x 900 (Godrej make. Or equivalent as per Engineers design) Printer desks (Godrej make or equivalent) Side tables (Godrej make or equivalent) Conference Table (Godrej make, model No. T-12 or equivalent) Revolving Chairs for Computer Room/Drawing room Office Equipment (Rental/Hire) Telephone with PABX facilities (1 external lines & 10 internal lines) Photocopier Teli Fax Air-Conditioner Computer PC (state of the art) Laser Jet Printers Ink Jet Printers Diesel Generator 5KVA) with running cost Engineering Plan Printer Binding Machine Plotter A 0 size Air Cooler (of 24 size fan with suitable pump and shall be of either GEC, Khaitan or Cool
Each
Period in Months 18
Amount (Rs.)
Each
18
Each
10
18
Each
18
Each Each Each Each
3 2 1 6
18 18 18 18 18
Each
18
Each Each Each Each Each Each Each Each Each Each Each
3 3 3 6 3 1 3 1 1 1 6
18 18 18 18 18 18 18 18 18 18 12
35
Sl. No
Description
Unit
Qty.
Rate / Month/ Unit (Rs.)
Period in Months 12
Amount (Rs.)
Home make or equivalent) 13 Water Coolers (Voltas equivalent) 14 Software VII CONTINGENCIES
or Each LS
2 LS
A fixed amount of Indian Rupees ONE MILLION shall be included in the Financial Proposal. The provision of contingency shall be operated with the specific approval of the Competent Authority in NHAI. Sl. No. 1. Description Unit Qty Rate/m onth (Rs.) Period in months 24 Amount (Rs.)
Rental charges for the total Office Furniture and Equipment as per above list TOTAL
month
As per list
VIII
Reports and Document Printing No. 1 2 3 Description Monthly Progress reports Quarterly Reports Final Completion Report No. of Reports 24 8 1 No. of Copies per Report 3 3 4 Total Rate per Copy (Rs.) Amount
36
(Form-IV) Estimate of Costs for Expatriate Consultants Deleted
37
TENTATIVE QUANTITIES FOR FIXING OF ROW PILLARS (Form V) PACKAGE I (LENGTH: 266 KM) Item Providing and Fixing Reinforced cement concrete M 20 grade boundary pillars as per drawing fixed in position with PCC M20 grade including finishing, painting and lettering as per directions of PD. Unit Nos Qty 11,500* Rate Amt
PACKAGE II (LENGTH: 205 KM) Item Providing and Fixing Reinforced cement concrete M 20 grade boundary pillars as per drawing fixed in position with PCC M20 grade including finishing, painting and lettering as per directions of PD. Unit Nos Qty 9,000* Rate Amt
Note: * Quantities of fixing ROW pillars shall be taken from Financial Proposal Form No. V. For financial evaluation, these quantities and rates quoted by the consultant will be considered. However, Payment shall be made on the actual quantity of fixing of ROW pillars at rates quoted above by the Consultant which may be substantially more or less than the estimated quantities.
38
Appendix-IV TERMS OF REFERENCE FOR CONSULTANCY SERVICES (TOR) 1. INTRODUCTION BACKGROUND India has about 3.3 million kilometers of road network, which is the second largest road network after United States of America. The roads in the country are either under administrative control of the Union Government or the State Government concerned. Roads in the country carry about 65 percent of freight traffic and 87 percent of passenger traffic. National Highways, the primary road network of the country, are under the Union Government. The aggregate length of National Highways is, at present, 70, 548 km which is about 2 percent of the road network but carries about 40 percent of road traffic. Keeping in view of the importance of the National Highways for the economic development, the Government of India has taken up an ambitious program of development of the National Highways under different phases of National Highway Development Program (NHDP). One of the phases of NHDP, namely, NHDP Phase- VI is for development of 1000 km of expressways. The expressways carry large volumes of traffic at high speed and are access controlled. The National Highways Authority of India (NHAI) has been entrusted with the implementation of, inter-alia, NHDP Phase-VI. The construction of about 400 km long Mumbai- Vadodara Expressway is one of the expressways which have been identified for implementation in this phase. This project has been proposed to be implemented under Public Private Partnership mode and to be executed as Design, Build, Finance and Operate (DBFO) contracts. The Mumbai Ahmedabad Corridor in the western part of the country is one of the important transport corridors of the country. On one side of this corridor is Mumbai the financial capital of the country and on the other side is Ahmedabad, the important commercial and business city. There are many industrial centers on this route. Industries like, textile industry, gems and jewelries, petrochemical & fertilizer and other industrial complexes have been established along this corridor. This corridor also serves SEZ areas and ports situated along this part of the country. Development works of these corridors like improvement of National Highways, construction of expressways, construction of dedicated railway freight corridors, modernization of airports located along this corridor etc have been taken up. Ahmedabad-Vadodara expressway is already constructed and is in operation. The project therefore envisages implementations of Vadodara-Mumbai Expressway, so as to complete the whole corridor The Mumbai Ahmedabad road corridor along NH-8 is one of the corridors of National Highways which carries highest range of volume of traffic. As per recent traffic data the traffic on NH8 varies from 50,000 PCU to 85,000 PCU per day. Number of steps has been taken for development of along this NH-8 to facilitate high speed and safe travel along this corridor. Already a 93 km long four lane access controlled expressway has been constructed between Ahmedabad & Vadodara in addition to existing four lane NH-8 section between these two cities. The portion of NH-8 between Mumbai (Dahisar) and Vadodara is also being six lane under NHDP V. In addition the present proposal is for construction of Vadodara Mumbai Expressway.
39
The proposed expressway passes through the states of Maharashtra, Gujarat and union territory of Dadra& Nagar Haveli. The total length of the proposed expressway as per the proposed alignment is about 470 km including about 92 km of Spur Alignment. This project will be a green field project along a new alignment. The identification of the route alignment of the Mumbai Vadodara expressway was initially taken up in the early 1990s by the Ministry of Road Transport & Highways through a Technical Assistance (TA) Programme of Asian Development Bank (ADB). Under the TA the task of preparing the feasibility study for the Greenfield Expressway was given to M/s Wilbur Smith in association with Consulting Engineering Services (India) Pvt. Ltd. The feasibility study was submitted to MoRT&H in 1992. In the study the consultants studied various alternative alignments for the expressway and recommended an alignment based on various techno-economic and environmental factors. Based on the alignment finalized in this feasibility study the Government of Gujarat has frozen a corridor of 600m width in the state. Vadodara-Mumbai Expressway has been identified as part of 1000 km. of Expressway approved by Government during November, 2006 under NHDP Phase-VI. Thereafter, NHAI initiated action for selection of alignment and feasibility study/DPR of the project. Since a lot of time has elapsed between the Wilbursmith study during early 90s, NHAI in the year 2008 awarded the task of finalization of Vadodara- Mumbai Expressway alignment to M/s SECON through a desk study. M/s SECON has studied the earlier alignment proposed by M/s. Wilbur-Smith through remote sensing/ satellite imagery and proposed modification based on the present site conditions by carrying out a desk study. Subsequently, NHAI engaged another Consultant, namely, M/s. ICT Pvt. Ltd during year 2009 who were initially given the task of carrying out the feasibility cum preliminary design of the alignment as was finalized by M/s SECON. The scope was subsequently further modified to include the preparation of Detailed Project Report (DPR) and detailed design of the Expressway. It was stipulated that the consultant might review the alignment based on existing conditions at site if it passes through problematic area and propose alternate solution. The Consultant has since submitted the feasibility report after approval of alignment of the Expressway. Initially, the proposed green field alignment of Vadodara - Mumbai Expressway (VME) and Spur with a length of 470.3 km was approved which is in continuation of Ahmedabad-Vadodara Expressway. This alignment passes through the states of Gujarat (260.7 km.), Union Territory of Dadar Nagar Haveli (5.5 km.) and State of Maharashtra (113.1km + spur of 91.1 km.). During the presentation for draft feasibility of Vadodara - Mumbai Expressway (VME), it is felt that the starting point of NH-8 at Mumbai end would pose a serious problem for safe and quick dispersal of traffic from the Expressway besides that the expressway may not serve the purpose of connecting major traffic generators like JNPT, NH-4 and Mumbai-Pune Expressway. Hence it was decided to connect the proposed Vadodara-Mumbai Expressway to major traffic generators like JNPT and MumbaiPune Expressway through a spur. Subsequently, the technical consultants has recommended as per alignment after feasibility study having a length of 92 km. which was approved by NHAI. Subsequently, the technical consultants were assigned with the job of Detailed Project Report (DPR) which is currently under progress.
40
The district/ state wise break up of the alignment is as follows: Chainage (Km) Start End 0.000 113.100 113.100 115.700 115.700 120.150 120.150 123.000 123.000 124.000 124.000 167.200 167.200 205.000 205.000 262.000 262.000 324.500 324.500 379.200 Total length of V-M Expressway
Length of Spur connecting V-M Expressway with Mumbai-Pune Expressway /JNPT
District/State Length 113.100 2.600 4.450 2.850 1.000 43.200 37.800 57.000 62.500 54.700 379.200 91.100 470.300 Thane/Maharashtra Valsad/Gujarat Dadra & Nagar Haveli (UT) Valsad/Gujarat Dadra & Nagar Haveli (UT) Valsad/Gujarat Navsari/Gujarat Surat/Gujarat Bharuch/Gujarat Vadodara Thane & Raigad in Maharashtra KM Gujarat Section (Main VME) Maharashtra Section (Main VME) Maharashtra section (Spur) Maharashtra Section
Grand Total Package wise Details: 113.100 I 0.000 II 0.000 Total Grand Total
379.200 113.100 91.100
266.100 113.100 91.100 204.200 470.300
On the basis of approved alignment NHAI has also commenced land acquisition process for the Expressway. The Detailed Land Plan Schedule including 3(A) Notification details for all the 5 districts in Gujarat i.e. Vadodara, Bharuch, Surat, Navasari and Valsad in Gujarat has already been prepared and to be notified shortly. It is expected that the land plans along with the 3(A) details for the entire Expressway including two districts of Maharastra (Thane and Raigad) and UT of Dadra and Nagar Haveli will be ready by end of Mar./April 2011. About 6000 Ha. of land is proposed for acquisition to have an ROW of 120 m . Salient Features of Expressway Length of Vadodara Mumbai Expressway Length of Spur connecting VM Expressway with Mumbai-Pune Expressway/JNPT Total length = = = 379.20 Km 92 km. 471.20 km.
41
* Proposed Features of Vadodara Mumbai Expressway ( 379.20 km.) excluding spur Number of Interchanges Number of Flyovers Number of Vehicular Underpasses Number of Pedestrian Underpasses Number Major Bridges Number of Minor Bridges Number of RoBs Number of Culverts Number of Canal Bridges Way Side Amenities Truck Parking Car Parking Service Roads Type of Tolling System Civil Cost Total Cost = = = = = = = = = = = = = = = = 12 Nos. 24 Nos. 72 Nos. 66 Nos. 28 (4 bridges more than 450m i.e. Ulhas, Vaitrana, Narmada & Tapi) 77 Nos. 08 Nos. 555 Nos. 59 Nos. 08 Nos. 08 Nos. 10 Nos. 54.64 Km Closed Type Rs. 11461.36 (Rs.30.27 cost per km) Rs.13754.85* (Rs.36.33 cost per km)
* Includes LA cost, physical contingencies, EMP cost and shifting of utilities * The alignment of Spur connecting VM Expressway with Mumbai-Pune Expressway and JNPT was decided recently and the topographic and other survey is likely to start w.e.f December, 2010. Hence, the project features of the spur section are yet to be formalized.
SOCIO-ECONOMIC PROFILE OF PROJECT INFLUENCE AREA The alignment passes mainly through plain cultivated and barren areas, few built up areas) and reserved forest area of Maharashtra as well as in Gujarat and through hillocks in Maharashtra. It passes through eight districts namely one district namely Thane in Maharashtra, two districts namely Dadra and Nagar Haveli in the Union Territory of Dara & Nagar Haveli and Valsad, Navsari, Surat, Bharuch, Vadodara in the state of Gujarat. The area of the district varies from 491 sq km to 9558 sq km. Rice and various types of fruits are main agriculture production of these states. These districts are also rich in industrial production. There are many industrial estates and factories in these states both in public and private sectors. Textiles, chemical, petroleum and petro-chemical, paper & pulp, diamond, sugar industries are located in these states. There is a long coast line in this region and important sea ports are located. Good road and rail net works for transportation are available. ROUTE ALIGNMENT SELECTION The identification of the route alignment of this expressway was initially taken up in the early 1990s by the Ministry of Road Transport & Highways from a Technical Assistance Programme of Asian Development Bank. The alignment was finalized by M/s Wilbur Smith consultants. The Government of Gujarat has frozen a corridor of 300m width based on this alignment.
42
NHAI in the year 2008 awarded the task of finalization of VME alignment to M/s SECON through a desk study and the Consultant was given the alignment as finalised by M/s SECON to follow. It was stipulated that the consultant might review the alignment and if it passes through problematic area propose alternate solution. Steps like desk study of the SECONs alignment on satellite Imagery/Google imagery, reconnaissance work at site, taking up detailed topographic survey between GPS stations. Environmental reconnaissance, study of the alignment of the dedicated Freight Corridor (DFC) of railways, existence of gas pipe line and crossings of major rivers were taken before finalization and modification of SECONs alignment. The modified alignment was submitted to NHAI for approval. During a presentation in Gujarat, the Principal Secretary, P.W.D, Gujarat expressed his firm view that the alignment is to be accommodated within the already frozen 600m wide corridor based on the alignment fixed by Wilbur Smith. The deviation from this alignment should be minimal and to be supported with adequate justification. A presentation was also made in NHAI in September, 2009 and NHAI recommended the course of action as suggested by Gujarat P.W.D was to be followed. The alignment which was finalized was further reviewed and modified to stay within the frozen 600m corridor in the state of Gujarat. NHAI has accorded approval to the VME alignment from km 27 to km 379.200. The proposed alignment starts (km 0.0) at Km 499 of Ahmedabad - Mumbai National Highway (NH 8) and ends (km 379 at Km 80 of Ahmedabad - Vadodara Expressway (NE 1) The lengths falling within Maharashtra, Dadra & Nagar Haveli and Gujarat are 113.1 km, 6.15 km and 260 km respectively. Based on traffic and other parameters as stated in Chapter 4, the expressway has been divided in to 11 homogeneous sections each separated by a grade separated interchange. In this section of the report, the alignment has been described by each of the 11 expressway sections. Such description covers start and end points, terrain, levels, land use, intersecting roads, crossing of railway lines, major rivers en-route, reference to NH 8 in direction and distance, and other salient features with current chainages. From the start point at NH8 to Ulahas river the alignment falls within Mira Bayander Municipal Corporation (MBMC) limits. The MBMC in its development plan for the area has earmarked a corridor of 60m for the expressway. The proposed VME alignment generally follows this corridor with minor modifications based on ground conditions. After Ulhas river upto km 27 the alignment lies in the VasaiVirar region under the City and Industrial Development Corporation (CIDCO), Government of Maharashtra. CIDCO has provided a corridor of 100m in the development plan of Vasai Virar region. The proposed VME alignment generally follows this corridor with minor modifications to suit ground conditions. There are many properties lying in the alignment in this section and during discussions the CIDCO officials have indicated that these are illegal and shall be removed. The proposed start point of MV expressway on NH8 at Mumbai end would pose a serious problem of safe and quick dispersal of traffic from the expressway and also would not serve the purpose of connecting to major traffic generators like JNPT port or the Mumbai-Pune expressway. Currently the traffic bound for Gujarat and further north from JNPT and NH4 follows Thane-Ghodbandar road which is already congested. This traffic has to pass through congested road network of Mumbai Metropolis from southward destination. Therefore it would be prudent to connect the proposed VME to major traffic generators like JNPT and to Mumbai Pune expressway. Therefore the consultants have proposed a spur
43
alignment connecting VME to NH4 and Mumbai Pune Expressway after analyzing six alternate alignments. NHAI has accorded principle approval to the spur. It may be mentioned that a Comprehensive Transportation Study for the Mumbai Metropolitan region has been done in 2008-2009 by the Mumbai Metropolitan Region Development Authority (MMRDA). In this study the future road network for the MMR has been suggested and various principle connectivity options have been given. The alignment options studied here generally follow the links identified in this study and have been modified to suit site conditions. During the presentation on spur alignments with Chairman NHAI and other senior officials it was desired that the alignment be synergized with the plans of MMRDA. The consultants have therefore made a presentation of the alignment to MMRDA and a formal response is awaited. TOPOGRAPHICAL SURVEY The fixing of GPS control points has been completed in the entire length of the proposed expressway while the height control by Auto Level has been established only in Gujarat. The detailed topographic survey has been completed in Gujarat. Unfortunately due to resistance by local population topographic survey work in Maharashtra and Dadar Nagar Haveli could not progress as planned. The survey teams were physically abused in some areas and the survey had to be suspended. However with active support of PD, NHAI and the local administration and persistent efforts of the consultants the topographic survey has started in Maharashtra and Dadar nagar Haveli and is expected to be completed in next two months. HYDRAULIC AND HYDROLOGICAL INVESTIGATION A reconnaissance survey was carried out to gather general idea regarding topography of the catchment areas, collect information on performance of the embankment and existing bridges on NH8 and other nearby Roads during recent critical flood years (2004 and 2006) and to collect hydrological and hydraulic data from various sources. The design approach has been formulated through careful examination of data collected from site and desk study of the imageries of west flowing rivers from Mahi in the North to Ulhas in the South. Estimation of Design Flood for catchment areas more than 25 Sq. Km and less than 2500 Sq. Km has been done by 1-hour Synthetic Unit Hydrograph Method as explained in CWC Flood Estimation Reports. In a very few cases, SUH Method has been applied for catchments over 2500 Sq. Km (but less than 5000 Sq. Km). Whenever the catchment area is more than 5000 Sq. Km, the watershed has been split into sub-basins having area less than 2500 Sq. Km and contributions from sub basins, adjusted for lag, have been added up to arrive at the discharge from the whole watershed. For assessing the discharges of Rivers Tapi and Narmada (having catchment areas far in excess of 5000 Sq. Km), observed discharges at Ghala / Sarangkhera (for Tapi) and Garudeswar / Chhanwada (for Narmada) have been given due priority. Rational Formula, as given in IRC SP 13:2004 has been relied upon for calculation of discharge for catchments having areas less than 25 Sq. Km. Empirical Methods (Catchment Area Methods), without any assigned return period, have been used as a check for the adopted Design Flood. The discharges adopted have been compared with the adopted discharges for major river crossing points on
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NH8, as available in published literature. Waterway has been provided in such a manner that it safely pass 100 years flood (As per TOR) while maintaining a non silting velocity under the bridge for 50 Year return period flood. The HFLs for culverts and bridges have been adopted on the basis of 100 Year Return Period. Relevant IRC codes have been followed for estimation of scour depth, afflux and vertical clearance. A maximum design velocity of 3.5 m/sec under the bridges has been adopted in design. For culverts, a minimum velocity of 0.9 m/s has been adopted as a self cleansing velocity. The Linear Waterway for the bridges has been, therefore, derived on the basis of anticipated flow hydraulics under bridges (Weir-Orifice Formula) as detailed in IRC SP: 13-2004. keeping afflux within limit. The gross waterway (length of bridge between the abutments) has been fixed with due considerations regarding angle of crossing, span arrangement and end contractions. While fixing the waterway of the proposed bridges, the stream order at the crossing point vis a vis at the crossings with NH-8 has been studied. It has been ensured that for all the major bridges, the individual proposed openings are not less than those provided for the existing bridges for streams of the same order. The openings provided in the DFCC line have also been compared with the proposed openings for the applicable reach of the proposed expressway. Apart from the individual openings for the major bridges, the proposed overall openings have also been compared with the total openings provided for NH-8 and DFCC as well. DRAINAGE STUDIES AND PRELIMINARY DESIGN OF CULVERTS Suitable bridge / culvert openings have been proposed across natural drainage channels with a view to pass the discharges with minimal disturbances caused to the natural flow regime. In addition to these bridges / culverts, localized drainage arrangements consisting of longitudinal drains and additional culverts have been developed to divert the overland flow (which would otherwise meet the natural stream at some downstream point) intercepted by the expressway embankment into the nearest natural drainage channel. Moreover, these local drainage arrangements have been designed to carry the runoff from the surface of the proposed expressway, too. Drainage of embankment has been proposed by appropriate longitudinal and side slopes of embankment, drainage layer in the pavement, suitably designed shoulder drain and chutes, median drain and toe drain. Culverts have been recommended for passing drainage discharges carried through some distinct channels of the area, passing canal supplies, intermediate outfall points to receive and safely pass the discharges carried by the longitudinal drains. Box / Slab culverts have been preferred to pipe culverts due to the general shortcomings of a pipe culvert structure. The minimum size of the culverts has, been recommended to be 2m for ease of routine maintenance. Locations of culverts have been preliminarily selected on the basis of study of Google imagery for the stretch between Km 0 to Km 130. For the balance stretch the location of culverts has been decided on the basis of toe level information These locations may have to be changed afterwards on the basis of detailed topographical survey data.
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GEOMETRIC DESIGN STANDARDS FOR EXPRESSWAY The Expressway is designed to carry large volumes of traffic at high speeds at the same time being safe. The basic objective of design of expressway is to resolve the inherent conflicts between high speed and safety, even at higher level of traffic. The Terms of Reference (TOR) specifies 120kmph design speed for the proposed Expressway. The proposed expressway is passing mainly through plain terrain. The geometric design standards for the proposed expressway have therefore been developed considering the design speed of 120km/hr which commensurate with this terrain. To finalize the design standards for VM expressway a literature review on the geometric design standards of Expressways of few developed countries as well as for the Expressways constructed/planned in the country has been done. The geometric design standards for VM Expressway for each element of cross section, horizontal and vertical alignments have been finalized based on the literature review and other factors as mentioned above. NHAI has approved the geometric design standards of the expressway with minor modifications. In draft feasibility the consultants recommended a ROW of 100m for the expressway. During subsequent discussion with NHAI officials it was decided to adopt a ROW of 120m to accommodate service roads, utility services and plantation of trees. The interchanges comprise of grade separation structures for straight movement and combination of ramps for direct and semi direct connections and loops to accommodate turning movements. A literature survey on the geometric design of ramps and loops as per various standards and used in different expressways was made. Based on this study the design standards for ramps and loops have been recommended. NHAI approved these design standards with some modifications. INITIAL SOCIAL ASSESSMENT INCLUDING ENTITLEMENT FRAMEWORK The main objective of this chapter is to delineate the major social impact issues, identify the potential hotspots and determine the magnitude of actual and potential impacts. It also ensures the adequate weightage of social considerations in the selection and design of proposed highway improvements. It also recommends the cost-effective measures for minimizing the adverse social impacts. According to the primary survey there are about 600 PAHs comprising 3000 project-affected persons (PAPs), who are likely to be impacted directly or indirectly by the project within the corridor of impact in Vadodara- Mumbai Expressway Project. Of the total number of PAPs, 57.1% are male and 42.9 % are females. The project road would require land acquisition, which will predominantly include private land. It has been calculated that tentatively 6000 hectares of land would be acquired for the purpose of expressway, Interchanges & Wayside amenities & Toilet facilities. The properties likely to be affected by the proposed road improvement within 120 mtrs width of the road in this project are about 600 structures for the entire length. These structures are generally residential structures Shops, Dhaba, Khokha, Petrol Pump, temples, small religious shrines and other
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type of Squatters etc. The total number of private properties likely to be affected is estimated to be 600 for the entire length. The R&R budget for the construction of project road workout to 2139 crore The Budget includes the cost of land, replacement cost of religious and community structures and R& R Assistance given to affected people. 1. OBJECTIVE 1.1 The main objective of the consultancy services is to assist NHAI in acquiring land for ROW (Right of Way) through NH-Act 1956 for the construction of Vadodara-Mumbai Expressway. The approx. total length of the expressway is 471 km out of which 266 km comes under Gujarat State covering Vadodara, Bharuch, Surat, Navsari and Valsad Districts. Rest of the expressway i.e. 205 km comes under Maharashtra State covering Thane and Raigadh Districts. The ROW width to be acquired for the corridor is generaly 120 mtr with additional land at interchange locations.
1.2
2. SCOPE OF SERVICES Following scope has been included under consultants scope of work: The Scope of Work consists of providing Services to Competent Authority for Acquisition of Right of Way (ROW) in land under The National Highways Act, 1956, as amended from time to time for the alignment already surveyed and coordinates finalized by NHAI. Center line of the Alignment is to be fixed and staked on ground for the National Highways as described above. A) B) C) D) E) DEMARCATION OF ROW. ROW land Acquisition as per NH Act 1956 (with Amendments). ROW SOFTWARE COMPUTERIZATION OF LAND RECORDS. STATUTORY PERMISSION & COLLECTION OF DATA. ASSISTANCE TO NHAI/COMPETENT AUTHORITY DURING.
2.1. Demarcation of ROW 2.1.1. Providing and fixing boundary pillars on both sides of centre lines of expressway alignment at a distance of 50 m c/c properly marked as directed by PD. 2.1.2. RCC Pillars of size as per drg. of length 1000mm out of which 700 mm shall be embedded in the ground using cement concrete mix M10 grade. 2.1.3. Each pillar shall be connected with GPS coordinates and mentioned with Chainage in km and FRL.
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2.1.4. Each pillar is to be painted in Yellow colour and embossed and black painted with letters "NHAI" on outer side and letters "ROW VME" on inner side of land boundary. 2.1.5. Connecting each pillar with GPS. 2.1.6. Typical Sketch of pillar is shown below:
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2.2. ACQUISITION OF LAND THROUGH NH ACT, 1956 2.2.1. Based on the strip map, alignment coordinates and Land Acquisition Plan (LAP) supplied by NHAI, consultant shall verify the ownership of the land for ROW acquisition under NHAct-1956. Collection of Data related to Land, if any, which may have been omitted earlier. Carrying out Joint Measurement Survey after duly notifying the in presence of affected Land Owner and the representative of NHAI, Competent Authority (LA) and DILRs (District Inspector of land Records) representative to ascertain area of land to be acquired and verification of ownership of the land. The details so prepared shall be got approved from DILR and submitted to CA(LA). Assistant to Competent Authority for finalization of notification schedule in both English & vernacular language for publication of the notification u/s 3(A) of NH Act 1956. Obtaining necessary approval and signature of Competent Authority and submission of notification schedule with Central Government for Gazette Notification. Follow-up coordination and expediting publication in the Government of India Gazette notification. Comparing the published notification u/s 3(A) with manuscript sent by Competent Authority and identifying mistakes, errors if any. Preparation of Erratum and Corrigendum (in both English and Vernacular language) in respect of identified mistakes, errors if any, in the published notification u/s 3(A) and expediting publication of erratum and corrigendum in Gazette of India. Preparation of schedule of objections (village wise) received from various landowners within 21 days from the date of publication. Facilitating disposal of above objections by Competent Authority u/s 3(C) by coordinating between Design Consultant, NHAI and CA(LA). Preparation of schedule for publication of the notification in Gazette of India u/s 3(D). Follow up with various departments for obtaining necessary approval of CA(LA) for publication of 3(D) and Liasioning with govt. press in Delhi for expediting the publication. Comparing the published notification u/s 3(D) with manuscript submitted by the Competent Authority and identifying mistakes, errors etc (if any). Preparation of Erratum and Corrigendum in respect of identified mistakes, error etc. in the published notification u/s 3(D), following up and expediting publication of erratum and corrigendum in Gazette of India. Preparation of Final Land Acquisition Schedule as per final notification. Valuation of structures, trees, crops and land. Getting it vetted from respective forest deptt. Horticulture Dept., PWDs and revenue Depts. as acceptable to CA (LA). Preparation of compensation awards in respect of Project affected people under the guidance of CA (LA).
2.2.2. 2.2.3.
2.2.4.
2.2.5. 2.2.6. 2.2.7. 2.2.8.
2.2.9. 2.2.10. 2.2.11. 2.2.12.
2.2.13. 2.2.14.
2.2.15. 2.2.16. 2.2.17.
DECLARATION OF AWARD & COMPENSATION DISBURSEMENT 2.2.18. Declaration of public notice in two leading newspaper to invite claims from all concern landowner u/s 3(G).
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2.2.19.
2.2.20. 2.2.21. 2.2.22. 2.2.23. 2.2.24.
Ascertaining from revenue records and local Panchayat the details in respect of each plot as to whether the same is under cultivation or being used by the owner itself or somebody else. Collection of rates of land in various categories from the concerned Collector/ Sub Registrars as per section 3F(7). Calculation of draft land compensation payable to the individual landowner for competent authority approval. Assisting Competent Authority for the disbursement of land compensation, obtaining proper receipt, reconciliation of amount paid to the individual landowner. Mutation of Land records in the name of NHAI will be got done through concerned revenue deptt of state Govt. Handing over of Acquired ROW including co-relating with alignment co-ordinates, to the concessionaire upon its mobilisation.
2.3. ROW SOFTWARE COMPUTERIZATION OF LAND RECORDS 2.3.1. Creation of Database The database of the land record collected from the various authorities shall be generated in a Microsoft Windows based software package in English, Hindi and local language as per requirement of the State/Central Government. 2.3.2. Details of acquired land with structure and photograph of owner 2.3.2.1. The data shall include names/details of district, taluka, village, village-wise plot details, extent of area, land Owner, land enjoyer, type of land, land cost, crop cultivation dates, 3(A), 3(D) and other required Notifications, objections, etc. 2.3.2.2. However, the parameters mentioned above are not exhaustive and the consultant shall have to include additional data in the data base which may be required for ROW acquisition. The database shall be compatible with Oracle or MS Excess. 2.3.2.3. Final database after successful running shall be submitted to NHAI in soft copy. 2.3.3. Development of Software for ROW Acquisition 2.3.3.1. Suitable software program shall be developed using common software package to link the data base in order to generate the notifications in the required languages for publication, notices in local language for serving to the individual land Owner, calculation of land compensation crop compensation etc. 2.3.3.2. The software shall cater to the following, but not limited to: End-to-end process tracking of Land Acquisition Advanced Web Based Application Should Manage Enormous Data of Land Records User Friendly and Simple to use Automatic Generation of Notifications in English, Hindi and Local Languages Compatible for storing data in different languages
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Compensation Calculation based on various parameters Progress monitoring: Dynamic reports with controlled access. The reporting shall include the directions issued vide following circulars: i. ii. iii. CGM(T)/RKS/19/2010 dated 14-12-2010. Note sheet # NHAI/M(T)/VLP/Gen dated 9-12-2010 NHAI/LA/Audit/2010 dated 21-1-2011.
Security, Authentication and Authorization based user management module Provision for Integration of GIS Interface: This software developed shall be capable of the following outputs: Automatic Generation of 3(a) Notifications 3(A) Notifications Addition Notifications 3(D) Declarations Proceedings of 3(C) [Objections, hearing and disallowance/allow] 3(G) Public Notices News Paper Notices Generate Project Status Report Print Receipts for compensation payments. Generate Monitoring Reports 2.4. STATUTORY PERMISSION & COLLECTION OF DATA All necessary permissions/ licences from the statutory authorities required for the project covered under scope of this tender. NHAI shall render assistance in obtaining such permissions by way of issuing necessary recommendation letters, if so required. It shall be the sole responsibility of the consultant to follow up and get necessary permissions from the concerned statutory authorities. 2.4.1. Scope of work for obtaining Statutory Clearances
Submission of proposal to statutory authority after obtaining signature of authorized signatory of the NHAI Assisting Statutory Authority for inspection of utility crossing location /parallel alignment as the case may be. Replying to all the queries raised by the concern authority till the final permission is granted. Follow-up with statutory body for obtaining final permission. Deposit of amount received from NHAI to Statutory Authority and obtaining receipt.
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Facilitating for making Agreements with statutory authority (if any)
Note: Any Government fees like, purchase of stamp paper, registration fees, payment required for obtaining NOC, crossing charges etc., shall be borne by NHAI. 2.5. ASSISTANCE TO NHAI/COMPETENT AUTHORITY DURING CONSTRUCTION Scope of work shall includes; Deployment of above mentioned manpower to provide support to NHAI/Competent Authority. Collection of details of yield of crop, rates of various crops from Government approved sources Collection of market of land Making panchnama for in the presence of landowner, village patwari of respective village to ascertain the extent of damage to crops & type of crops or any other damages within RoW limit Preparation of compensation award for the approval of competent authority Assisting NHAI/concessionaire to liaison with authority /landowner on day to day basis in case of any problem arises related to land acquisition and compensation etc. Resolving any problem may raised by the local landowner related to extent of land acquired, compensation received during the time of construction Team deployed will work in advance to facilitate smooth handing over of RoW to the concessionaire on behalf of NHAI 3. TIME PERIOD FOR THE SERVICE The entire activity will be completed within 24 Months from the date of issue of Work order.
4. MILESTONES: a) Land Acquisition as per NH Act: Land Acquisition upto 50% shall be completed within 12 Months & balance to be completed within 24 Months b) Statutory Clearance : Within 12 Months in all respects c) Fixing of Demarcation Pillars: within 12 months
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BILL OF QUANTITY FOR ROW PILLARS PACKAGE I (LENGTH: 266 KM) Sl No (A) 1 Civil Works: Providing and Fixing Reinforced cement concrete M 20 grade boundary pillars as per drawing fixed in position with PCC M20 grade including finishing, painting and lettering as per directions of PD. Nos 11,500 Item Unit Qty Rate Amt
PACKAGE II (LENGTH: 205 KM) Sl No (A) 1 Civil Works: Providing and Fixing Reinforced cement concrete M 20 grade boundary pillars as per drawing fixed in position with PCC M20 grade including finishing, painting and lettering as per directions of PD. Nos 9,000 Item Unit Qty Rate Amt
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5. REPORTS/ DELIVERABLES TO BE SUBMITTED BY THE CONSULTANT TO NHAI Land Acquisition Schedule 3A, 3D and 3G Mutation Entry and Collection of updated Revenue Record. Database as mentioned in the Scope of Services ROW Software Package with one-user license.
6. PAYMENT SCHEDULE
Payment milestones
Sl. No. Payment Milestone Payment( % of contract Value) 10% 10% 5% 5% 10% 8% 7% 10% 35% 100%
1. 2. 3. 4. 5. 6. 7. 8. 9.
On development and submission of ROW software in acceptable form On publication of 3A, serving notices and hearing objections On publication of 3D, serving notices and hearing objections On declaration of land compensation award. On Disbursement of compensation On completion of Mutation in revenue Land records On receipt of Statutory Clearances from concerned authorities On submission of the Final Completion Report Fixing of ROW pillars as specified in BOQ. Total
Note :- Quantities of fixing ROW pillars shall be taken from Financial Proposal Form No. V. For financial evaluation, these quantities and rates quoted by the consultant will be considered. However, Payment shall be made on the actual quantity of fixing of ROW pillars at rates quoted above by the Consultant. which may be substantially more or less than the estimated quantities. NHAI shall make the payment to consultant within 20 days from the date of receipt of Invoice. DEMARCATION 100% Payment shall be made on the basis of actual No. of RCC pillars embedded on site. 7. ASSISTANCE to NHAI/ Competent Authority during the construction phase for smooth functioning of construction works: Consultants are advised to consider this factor while quoting in financial proposal.
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Enclosure-I
Following Key Personnel are required to be deployed by the consultant during execution of project Position Team Leader Cadastral Survey Specialist Senior Revenue Specialist 1 Senior Revenue Specialist 2 GIS Specialist Sr. CADD Engineer Man Months 18 18 18 18 12 15
Following supporting staff required to be provided by the consultant during the construction phase for which consultant will be paid separately on Man month basis; Support Staff Site Engineer Surveyer CAD Engineer Land Acquisition/Revenue Specialist Horticulture Expert Forest Expert Electrical Engineer Valuation Expert Revenue surveyor Patwari Helper Nos. 4 4 2 4 1 1 1 2 8 8 8 Man Months per person 18 18 15 18 4 4 3 9 18 18 18
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Enclosure-II
QUALIFICIATION AND EXPERIENCE REQUIREMENT OF KEY PERSONNEL
Team Leader i) Educational Qualification Essential Desirable ii) Essential Experience Total Professional Experience Relevant Experience
Graduate in Civil Engineering/ Surveying Post Graduate in Surveying/Remote sensing or any certificate course / training on Advance Surveying Min. 20 years Min. 10 years in survey assignments of major projects using modern survey techniques and equipment such as total station, GPS, air photo and satellite image interpretation, GIS, acquiring land for infrastructure project etc. Experience in LA of Major Highway Project / Expressway. He will lead, co-ordinate and supervise the multidisciplinary team. It will be his responsibility to guide the team in arriving at solutions within the constraints specified in these TOR. His experience should reflect these capabilities. 70 years on the date of submission of proposal. Cadastral Survey Specialist
iii)
Job responsibilities
iv)
Age Limit
i)
Educational Qualification Essential Desirable Essential Experience a) Professional Experience
Degree in Civil Post Graduate in Surveying/Remote sensing or any certificate course / training on Advance Surveying 07 years experience in Engineering Surveys, Handling Cadastral Survey works of linear length of 1000 Km (minimum). 65 years on the date of submission of proposal
ii)
iii)
Age Limit
GIS Specialist i) Educational Qualification Essential B.E. Civil / M.A (Geography) / M. Sc (Geo-informatics) / M.A. Cartography Desirable Certificate course in GIS from Survey of India or equivalent Essential Experience Professional Experience 3 years experience in development of GIS Database and customized GIS applications. Experience in preparation of LA details for a major project is desirable. 65 years on the date of submission of proposal
ii)
iii)
Age Limit
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CAD Engineer i) Educational Qualification Essential Diploma Civil Desirable Certificate in Auto CAD Essential Experience Professional Experience 03 years experience in Engineering Surveys, handling Cadastral Survey works in Auto CAD. Experience of Highway is desirable. 65 years on the date of submission of proposal Age Limit
ii)
iii)
Senior Revenue Specialist i) Educational Qualification Essential Desirable Experience a) Total Professional Experience b) Professional Experience
Graduation in any Discipline Degree in law 20 Years 10 years experience in the field of revenue / land acquisition. Well versed with NH Act 1956/ Land Acquisition Act 1894. Land acquisition for Highways / Infrastructure is desirable. Specify the number of projects. 70 years on the date of submission of proposal
ii)
iii)
Age Limit
SUB PROFESSIONALS SITE ENGINEER S/he should be diploma in Civil Engineering preferable a graduate in Civil Engineering. S/he should have about 5 years experience in field work. Should have sound understanding of the land acquisition process, and should be well conversant with the valuation methods of land and assets. Knowledge of local language is a necessary qualification. SURVEYER The candidate should be diploma in Civil Engineering/Surveying preferable Graduate in Civil Engineering/Surveying with at least 5 years experience in the field of surveying out of which 3 years should be for highway projects. CAD ENGINEER S/he should be Graduate in Civil Engineering/Computer Science having experience in computer related design method for highway engineering. The incumbent should have 3 years experience and should have handled at least 1 road project.
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LAND ACQUISITION/REVENUE SPECIALIST S/he should be at least a graduate. S/he should have about 10 years of working experience in the field of land measurement, land records, and, acquisition of land. S/he should have experience of participatory management. Knowledge of local language is a necessary qualification. HORTICULTURE EXPERT S/he should be a Graduate in Agriculture with specialization in Horticulture/Arboriculture having minimum 5 year of field experience in Horticulture/Arboriculture and landscaping. FOREST EXPERT The professional should be holding masters degree or PG diploma in forestry / forest management. S/he should have experience of at least five years in management of natural forests, especially wildlife rich areas. ELECTRICAL ENGINEER The Candidate should be diploma in Electrical Engineering preferable Graduate in Electrical Engineering from recognized institute. S/he should have at least 6 years experience. VALUATION EXPERT S/he should be preferable a graduate in Civil Engineering. S/he should have about 5 years experience in valuation work. S/he should be well conversant with the valuation methods of land and assets. Knowledge of local language is a necessary qualification. REVENUE SURVEYOR 5 years experience in the field of revenue / land acquisition. Well versed with NH Act 1956/ Land Acquisition Act 1894. Land acquisition for Highways / Infrastructure is desirable. Specify the number of projects. PATWARI S/he should be Retired Patwari from the State Revenue Department. Knowledge of local language is a necessary qualification. HELPER Should be at least a 10th Class pass.
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Appendix V
CONTRACT AGREEMENT
Between
National Highways Authority of India (Ministry of Road Transport and Highways, Govt. of India) New Delhi and _____________________________________________ _____________________________________________ _____________________________________________
For Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for the construction of the Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT
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CONTENTS
Sl. No. I. II. 1. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7
Description CONTRACT FOR CONSULTANTS SERVICES GENERAL CONDITIONS OF CONTRACT General Provisions Definitions Relation between the Parties Law Governing the Contract Language Headings Notices Location Authority of Member in Charge Authorized Representatives Taxes and Duties Commencement, Completion, Modification and Termination of Contract Effectiveness of Contract Termination of Contract for Failure to Become Effective Commencement of Services Expiration of Contract Entire Agreement Modification Force Majeure 2.7.1 Definition 2.7.2 No Breach of Contract 2.7.3 Measures to be Taken 2.7.4 Extension of Time 2.7.5 Payments 2.7.6 Consultation Suspension Termination By the Client By the Consultants Cessation of Rights and Obligations Cessation of Services Payment upon Termination Disputes about Events of Termination
Page No.
2.8 2.9 2.9.1 2.9.2 2.9.3 2.9.4 2.9.5 2.9.6
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3.
Obligations of the Consultants 3.1 General 3.1.1 Standard of Performance 3.1.2 Law Governing Services 3.2 Conflict of Interests 3.2.1 Consultants not to Benefit from Commissions, discounts etc. 3.2.2 Consultants and Affiliates not to be otherwise interested in Project 3.2.3 Prohibition of Conflicting Activities Confidentiality Liability of the Consultants Insurance to be taken out by the Consultants Accounting, Inspection and Auditing Consultants Actions requiring Clients prior Approval Reporting Obligations Documents prepared by the Consultants to be the Property of the Client Equipment and Materials furnished by the Client
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 4.
Consultants Personnel 4.1 General 4.2 Description of Personnel 4.3 Approval of Personnel 4.4 Working Hours, Overtime, Leave etc. 4.5 Removal and/or Replacement of Personnel 4.6 Resident Project Manager Obligations of the Client 5.1 Assistance and Exemptions 5.2 Access to Land 5.3 Change in the Applicable Law 5.4 Services, Facilities and Property of the Client 5.5 Payment Payment to the Consultants 6.1 Cost Estimates; Ceiling Amount 6.2 Currency of Payment 6.3 Mode of Billing and Payment Responsibility for accuracy of the project document 7.1 General 7.2 Retention money 7.3 Penalty 7.4 Action for deficiency in services
5.
6.
7.
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8.
Fairness and Good Faith 8.1 Good Faith 8.2 Operation of the Contract SETTLEMENT OF DISPUTES 9.1 Amicable Settlement 9.2 Dispute Settlement SPECIAL CONDITIONS OF CONTRACT
9.
III.
IV.
APPENDICES Appendix A: Terms of reference containing, inter-alia, the Description of the Services and Reporting Requirements Appendix B: Consultants Sub consultants, Key Personnel and Sub Professional Personnel, Task assignment, work programme, manning schedule, qualification requirements of key personnel, schedule for submission of various report. Appendix C: Hours of work for Consultants Personnel Appendix D: Duties of the Client Appendix E: Cost Estimate Appendix F: Minutes of Financial/ Contract Negotiations with the Consultant Appendix G: Copy of letter of invitation Appendix H: Copy of letter of acceptance Appendix I: Appendix J: Format for Bank Guarantee for Performance Security Reply to queries to the Applicants
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_______________________________________________________ CONTRACT FOR CONSULTANTS SERVICES ___________________________________________________________________________
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INDIA
CONTRACT FOR CONSULTANTS SERVICES Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for the construction of the Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT (From km _____________to km ___________________)
This CONTRACT (hereinafter called the Contract) is made on the ---------- day of the month of ----------------2009, between, on the one hand, National Highways Authority of India (NHAI), G-5 &6, Sector-10, Dwarka, New Delhi-110075 (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 attached to this Contract (hereinafter called the Services); (B) the Consultants, having represented to the Client that they have the required professional skills, 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) (b) (c) The General Conditions of Contract (hereinafter called GC); The Special Conditions of contract (hereinafter called SC); The following Appendices: Terms of reference containing, inter-alia, the Description of the Services and Reporting Requirements Consultants Sub consultants, Key Personnel and Sub Professional Personnel, Task assignment, work programme, manning schedule, qualification requirements of key personnel, schedule for submission of various report. Hours of work for Consultants Personnel Duties of the Client Cost Estimate Minutes of Financial/ Contract Negotiations with the Consultant
Appendix A: Appendix B:
Appendix C: Appendix D: Appendix E: Appendix F:
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Appendix G: Appendix H: Appendix I: Appendix-J:
Copy of letter of invitation Copy of letter of acceptance Copy of Bank Guarantee for Performance Security Reply to Queries of the Applicants
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the Contract; in particular: (a) The Consultants shall carry out the Services in accordance with the provisions of the Contract; and Client shall make payments to the Consultants in accordance with the provisions of the Contract.
(b)
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 (National Highways Authority of India) 1.
Witness Signature Name Address Signature Name Address Signature Name Address Signature Name Address
By Authorised Representative
2.
FOR AND ON BEHALF OF Witness (Consultant)
1.
By Authorised Representative
2.
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________________________________________________________________________ GENERAL CONDITIONS OF CONTRACT _______________________________________________
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GENERAL CONDITIONS OF CONTRACT
1.
GENERAL PROVISIONS 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 the Governments country as they may be issued and in force from time to time; (b) Contract means the Contract signed by the Parties, to which these General Conditions of Contract are attached, together with all the documents listed in Clause 1 of such signed Contract; (c) Effective Date means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1; (d) foreign currency means any currency other than the currency of the Government; (e) GC means these General Conditions of Contract; (f) Government means the Government of India; (g) local currency means the currency of the Government; (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; (i) Personnel means persons hired by the Consultants or by any Subconsultant as employees and assigned to the performance of the Services or any part thereof; foreign Personnel means such persons who at the time of being so hired had their domicile outside India; and local Personnel means such persons who at the time of being so hired had their domicile inside India; (j) Party means the Client or the Consultants, as the case may be, and Parties means both of them; (k) Services means the work to be performed by the Consultants pursuant to this Contract for the purposes of the Project, as described in Appendix A hereto; (l) SC means the Special Conditions of Contract by which these General Conditions of Contract may be amended or supplemented; (m) Subconsultant means any entity to which the Consultants subcontract any part of the Services in accordance with the provisions of Clause GC 3.7; and (n) Third Party means any person or entity other than the Government, the Client, the Consultants or a Subconsultant.
1.2
Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Client and the Consultants. The Consultants, subject to this Contract, have complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 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
68
1.4
Language This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. Heading The headings shall not limit, alter or affect the meaning of this Contract. Notices Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex ,telegram or facsimile to such Party at the address specified in the SC. Notice will be deemed to be effective as specified in the SC. A party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.2. Location The Services shall be performed at such locations as are specified in Letter of Acceptance to and, where the location of a particular task is not so specified, at such locations, whether in India or elsewhere, as the Client may approve. Authority of Member in Charge In case the Consultants consist of a joint venture of more than one entity, the Members hereby authorize the entity specified in the SC to act on their behalf in exercising all the Consultants rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client. Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultants may be taken or executed by the officials specified in the SC.
1.5
1.6
1.7
1.8
1.9
1.10 Taxes and Duties Unless otherwise specified in the SC, the Consultants shall pay all such taxes, duties, fees and other impositions as may be levied under the Applicable Law. 2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT Effectiveness of Contract This Contract shall come into force and effect on the date of the Clients notice to the Consultants instructing the Consultants to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC have been met.
2.1
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2.2
Termination of Contract for Failure to Become Effective If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as shall be specified in the SC, either Party may, by not less than four (4) weeks written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. Commencement of Services The Consultants shall begin carrying out the Services at the end of such time period after the Effective Date as shall be specified in the SC. Expiration of Contract Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire when services have been completed and all payments have been made at the end of such time period after the Effective Date as shall be specified in the SC. Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 hereof, however, each party shall give due consideration to any proposals for modification made by the other Party.
2.3
2.4
2.5
2.6
2.7 2.7.1
Force Majeure Definition (a) For the purposes of this Contract, Force Majeure means an event which is beyond the reasonable control of a Party, and which makes a Partys performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies. (b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Partys Subconsultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder. (c) Force Majuere shall not include insufficiency of funds or failure to make any payment required hereunder.
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2.7.2
No Breach of Contract The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majuere, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. Measures to be taken (a) A party affected by an event of Force Majeure shall take all reasonable measures to remove such Partys inability to fulfill its obligations hereunder with a minimum of delay. (b) (b) A party affected by an event of Force Majuere shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. (c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
2.7.3
2.7.4
Extension of Time Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. Payments During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Services after the end of such period. Consultation Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. Suspension The Client may, by written notice of suspension to the Consultants, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.
2.7.5
2.7.6
2.8
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2.9 2.9.1
Termination By the Client The Client may, by not less than thirty (30) days written notice of termination to the Consultants (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than sixty (60) days), such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause 2.9.1, terminate this Contract: (a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing; (b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; (c) if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 8 hereof; (d) if the Consultants submit to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultants know to be false; (e) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or (f) if the Client, in its sole discretion and for any reason whatsoever, deides to terminate this Contract.
2.9.2
By the Consultants The Consultants may, by not less than thirty (30) days written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause 2.9.2, terminate this Contract: (a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue; (b) if the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Consultants may have subsequently approved in writing) following the receipt by the Client of the Consultants notice specifying such breach; (c) if, as the result of Force Majeure, the Consultant are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or (d) if the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause 8 hereof.
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2.9.3
Cessation of Rights and Obligations Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause 3.3 hereof, (iii) the Consultants obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause 3.6 (ii) hereof, and (iv) any right which a Party may have under the Applicable Law. Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultants and equipment and materials furnished by the Client, the Consultants shall proceed as provided, respectively, by Clauses 3.9 or 3.10 hereof. Payment upon Termination Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Client shall make the following payments to the Consultants (after offsetting against these payments any amount that may be due from the Consultant to the Client): (i) remuneration pursuant to Clause 6 hereof for Services satisfactorily performed prior to the effective date of termination. (ii) reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually incurred prior to the effective date of termination; and (iii)except in the case of termination pursuant to paragraphs (a) through (d) of Clause 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of the return travel of the Consultants personnel and their eligible dependents. Disputes about Events of Termination If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause 2.9.1 or in Clause 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
2.9.4
2.9.5
2.9.6
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3. 3.1
OBLIGATIONS OF THE CONSULTANTS General 3.1.1 Standard of Performance The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in any dealings with Sub consultants or Third Parties. 3.1.2 Law Governing Services The Consultants shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub consultants, as well as the Personnel and agents of the Consultants and any Sub consultants, comply with the Applicable Law. The Client shall advise the Consultants in writing of relevant local customs and the Consultants shall, after such notifications, respect such customs.
3.2
Conflict of Interests 3.2.1 Consultants not to Benefit from Commissions, Discounts, etc. The remuneration of the Consultants pursuant to Clause 6 hereof 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 hereunder, and the Consultants shall use their best efforts to ensure that any Sub consultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration. 3.2.2 Consultants and Affiliates not to be otherwise interested in Project The Consultants agree that, during the term of this Contract and after its termination, the Consultants and any entity affiliated with the Consultants, as well as any Sub consultant and any entity affiliated with such Sub consultant, 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. 3.2.3 Prohibition of Conflicting Activities Neither the Consultants nor their Sub consultants nor the Personnel of either of them 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 relation to the Project, the Services, this Contract or the Client's business or operations without the prior written consent of the Client. Liability of the Consultants Subject to additional provisions, if any, set forth in the SC, the Consultants' liability under this Contract shall be as provided by the Applicable Law. Insurance to be taken out by the Consultants The Consultants (i) shall take out and maintain, and shall cause any Subconsultants 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 Special Conditions (SC), and (ii) at the Client's request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. Accounting, Inspection and Auditing The Consultants (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof (including the bases of the Consultants' costs and charges), and (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or termination of this Contact, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client. Consultants' Actions requiring Client's prior Approval The Consultants shall obtain the Client's prior approval in writing before taking any of the following actions: (a) appointing such members of the Personnel as are listed in Appendix B; (b) entering into a subcontract for the performance of any part of the Services, it being understood (i)that the selection of the Subconsultant 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 Subconsultant and its Personnel pursuant to this Contract; (c) any other action that may be specified in the SC. Reporting Obligations The Consultants shall submit to the Client the reports and documents specified in Appendix A/E hereto, in the form, in the numbers and within the time periods set forth in the said Appendix. Documents prepared by the Consultants to be the Property of the Client All plans, drawings, specifications, designs, reports and other documents prepared by the Consultants in performing the Services shall become and remain the property of the Client, and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultants may retain a copy of such documents. Restrictions about the future use of these documents, shall be as specified in the SC.
3.4
3.5
3.6
3.7
3.8
3.9
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3.10
Equipment and Materials furnished by the Client Equipment and materials made available to the Consultants by the Client, or purchased by the Consultants with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to the Client an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Client's instructions. While in possession of such equipment and materials, the Consultants, unless otherwise instructed by the Client in writing, shall insure them in an amount equal to their full replacement value. CONSULTANTS' PERSONNEL General The Consultants shall employ and provide such qualified and experienced Personnel as are required to carry out the Services. Description of Personnel (a) The titles, agreed job descriptions, minimum qualification and estimated periods of engagement in the carrying out of the Services of each of the Consultants' Key Professional /Sub Professional Personnel are described in Appendix B. (b) If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments with respect to the estimated periods of engagement of Key Professional / Sub Professional Personnel set forth in Appendix B may be made by the Consultants by written notice to the Client, provided (i) that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause 6.1 (b) of this Contract. Any other such adjustments shall only be made with the Client's written approval. (c) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix B may be increased by agreement in writing between the Client and the Consultants, provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings set forth in Clause 6.1 (b) of this Contract. Approval of Personnel The Key Personnel and Sub consultants listed by title as well as by name in Appendix B are hereby approved by the Client. In respect of other Key Personnel which the Consultants propose to use in the carrying out of the Services, the Consultants shall submit to the Client for review and approval a copy of their biographical data. If the Client does not object in writing (stating the reasons for the objection) within twenty-one (21) calendar days from the date of receipt of such biographical data, such Key Personnel shall be deemed to have been approved by the Client.
4. 4.1
4.2
4.3
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4.4
Working Hours, Overtime, Leave, etc. (a) Working hours and holidays for Key Professional / Sub Professional Personnel are set forth in Appendix C hereto. To account for travel time, foreign Personnel carrying out Services inside the Government's country shall be deemed to have commenced (or finished) work in respect of the Services such number of days before their arrival in (or after their departure from) the Government's country as is specified in Appendix C hereto. The Key Professional / Sub Professional Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified in Appendix C hereto, and except as specified in such Appendix, the Consultants' remuneration shall be deemed to cover these items. All leave to be allowed to the Personnel is included in the staff-months of service set for in Appendix B. Any taking of leave by Personnel shall be subject to the prior approval of the Client by the Consultants, who shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services.
(b)
4.5
Removal and/or Replacement of Personnel (a) (b) During an assignment, if substitution is inevitable, the consultants shall forthwith provide as a replacement a person of equivalent or better qualification and experience. If the Employer (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action or (ii) has reasonable ground to be dissatisfied with the performance of any of the Personnel, then the consultant shall, at the Employers written request specifying the grounds therefore, forthwith provide a replacement with qualifications and experience acceptable to him. For the reason other than death/ extreme medical ground (i) for replacements upto 33% of key personnel, remuneration shall be reduced by 5% (ii) for replacements between 33% to 50%, remuneration shall be reduced by 10% (iii) for replacements between 50% to 66%, remuneration shall be reduced by 15% (iii) for replacements beyond 66% of the total key personnel, the Client may initiate action for debarment of such consultant for future projects of NHAI for a period of 6 months to 24 months. If the team leader or any other key personnel/ specialist considered pivotal to the project is replaced, the substitute may be interviewed by a committee headed by Member/ CGM to assess their merit and suitability. If any member of the approved team of a consultant engaged by NHAI leaves that consultant before completion of the job, he should be barred for a period of 6 months to 24 months from being engaged as a team member of any other consultant working (or to be appointed) for any other NHAI projects. Deleted
(c)
(d)
(e)
(f) 4.6
Resident Project Manager If required by the SC, the Consultants shall ensure that at all times during the Consultants performance of the Services in the Governments country a resident project manager, acceptable to the Client, shall take charge of the performance of such Services.
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(a) OBLIGATION OF THE CLIENT 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) provide the Consultants, Subconsultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants, Subconsultants or Personnel to perform the Services; (b) assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly with all supporting papers for necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in India; (c) facilitate prompt clearance through customs of any property required for the Services; (d) issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services; Access to Land The Client warrants that the Consultants shall have, free of charge, unimpeded access to all land in the Governments country in respect of which access is required for the performance of the Services. The Client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultants or any Subconsultants or the Personnel of either of them. Change in the Applicable Law If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost or reimbursable expenses incurred by the Consultants in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultants under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling amounts specified in Clause 6.1(b), Services, Facilities and Property of the Client The client shall make available to the Consultants and the Personnel, for the purposes of the Services and free of any charge, the services, facilities and property described in Appendix 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 when so specified, the Parties shall agree on (i) any time extension that may be appropriate to grant to the Consultants for the performance of the Services, (ii) the manner in which the Consultants shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultants as a result thereof pursuant to Clause 6.1I hereinafter. Payment In consideration of the Services performed by the Consultants under this Contract, the Client shall make to the Consultants such payments and in such manner as is provided by Clause 6 of this Contract.
5.2
5.3
5.4
5.5
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(b) PAYMENT TO THE CONSULTANTS 6.1 Cost Estimates ; Ceiling Amount (a) An abstract of the cost of the Services payable in local currency (Indian Rupees) is set forth in Appendix E. (b) Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1(c), the payments under this Contract shall not exceed the ceiling specified in the SC. The Consultants shall notify the Client as soon as cumulative charges incurred for the Services have reached 80% of the ceiling. (c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses 5.4 hereof, the Parties shall agree that additional payments shall be made to the Consultants in order to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause 6.1(a) above, the ceiling set forth in Clause 6.1(b) above shall be increased by the amount or amounts, as the case may be, of any such additional payments. Currency of Payment (a) The payment shall be made in Indian Rupees. Mode of Billing and Payment Billing and payments in respect of the Services shall be made as follows:(a) The Client shall cause to be paid to the Consultants an advance payment as specified in the SC, and as otherwise set forth below. The advance payment will be due after provision by the Consultants to the Client of a bank guarantee by a bank acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SC, such bank guarantee (i) to remain effective until the advance payment has been fully set off as provided in the SC, and ii) in such form as the Client shall have approved in writing. (b) Payment Schedule The Consultant will be paid stage-wise as a percentage of the contract value as per the schedule given below Payment Milestone Payment(% of contract Value) 10% 10% 5% 5% 10% 8% 7%
6.2
6.3
Sl. No. 1. 2. 3. 4. 5. 6. 7.
On development and submission of ROW software in acceptable form On publication of 3A, serving notices and hearing objections On publication of 3D, serving notices and hearing objections On declaration of land compensation award. On Disbursement of compensation On completion of Mutation in revenue Land records On receipt of Statutory Clearances from concerned authorities
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8. 9. Note:
i)
On submission of the Final Completion Report Fixing of ROW pillars as specified in BOQ. Total
10% 35% 100%
Consultants have to provide a certificate that all the key personnel as envisaged in the Contract Agreement have been actually deployed in the projects. They have to furnish the certificate at the time of submission of their bills to NHAI from time to time.
ii) Quantities of fixing ROW pillars shall be taken from Financial Proposal Form No. V. For financial evaluation, these quantities and rates quoted by the consultant will be considered. However, Payment shall be made on the actual quantity of fixing of ROW pillars at rates quoted above by the Consultant which may be substantially more or less than the estimated quantities.
(c)
(d)
(e)
(f)
No payment shall become eligible for the next stage till the consultant completes to the satisfaction of the client the work pertaining to the preceding stage. The payment for the work of RoW pillar fixing will be as per plan approved by the client and will be paid as per actual at the rates quoted by the consultants. The payment for the quantity given by the client for RoW pillar fixing will be deemed to be included in the above mentioned payment schedule. Any adjustment in the payment to the consultants will be made in the final payment only. The Client shall cause the payment of the Consultants in Para 6.4 (b) above as given in schedule of payment within thirty (30) days after the receipt by the Client of bills. Interests at the rate specified in the SC shall become payable as from the above due date on any amount due by, but not paid on, such due date. The final payment under this Clause shall be made only after the final report and a final statement, identified as such, shall have been submitted by the Consultants and approved as satisfactory by the Client. The Services shall be deemed completed and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90) day period, gives written notice to the Consultants specifying in detail deficiencies in the Services, the final report or final statement. The Consultants shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Client within thirty (30) days after receipt by the Consultants of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above. All payments under this Contract shall be made to the account of the Consultants specified in the SC.
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7. 7.1
Responsibility for Accuracy of Project Documents General The Consultant shall be responsible for accuracy of the data collected, by him directly or procured from other agencies/authorities, the designs, drawings, estimates and all other details prepared by him as part of these services. He shall indemnify the Authority against any inaccuracy in the work which might surface during implementation of the project. The Consultant will also be responsible for correcting, at his own cost and risk, the drawings including any re-survey / investigations and correcting layout etc. if required during the execution of the Services. The Consultant shall indemnify the Client against any inaccuracy / deficiency in the work noticed during the construction and even thereafter and the Client shall bear no responsibility for the accuracy of the work submitted by the Consultants. The survey control points established by the Consultant shall be protected by the Consultants till the completion of the Consultancy Services.
7.2.
Retention Money An amount equivalent to 5% of the contract value shall be retained at the end of the contract for accuracy of design and quantities submitted and the same will be released after the completion of civil contract works (c) Penalty
7.3.1. Penalty for Error/Variation If variation in any of the main quantities of work like land acquisition, left out project affected persons and left out land acquisition works, found during execution is more than +/- 15%, the penalty equivalent to 5% of the contract value shall be imposed. For this purpose retention money equivalent to 5% of the contract value will be forfeited. This shall exclude any additional/deletion of items/works ordered during the execution. 7.3.2 Penalty for delay In case of delay in completion of services, a penalty equal to 0.05% of the contract price per day subject to a maximum 5% of the contract value will be imposed and shall be recovered from payments due/ performance security. However in case of delay due to reasons beyond the control of the consultant, suitable extension of time will be granted. (d) ACTION FOR DEFICIENCY IN SERVICES 7.4.1 Consultants liability towards the Client Consultant shall be liable to indemnify the client for any direct loss or damage accrued or likely to accrue due to deficiency in service rendered by him.
7.4.2 Warning / Debarring In addition to the penalty as mentioned in para 7.3, warning may be issued to the erring consultants for minor deficiencies. In the case of major deficiencies in the Detailed Project Report involving time and cost overrun and adverse effect on reputation of NHAI, other penal action including debarring for certain period may also be initiated as per policy of NHAI.
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8. 8.1
FAIRNESS AND GOOD FAITH Good Faith The Parties undertake to act in good faith with respect to each others rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. Operation of the Contract The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause 9 hereof. SETTLEMENT OF DISPUTES Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof. (e) Dispute Settlement Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Partys request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.
8.2
9. 9.1
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SPECIAL CONDITIONS OF CONTRACT Number of GC Clause A. Amendments of, and Supplements to, Clauses in the General Conditions
1.1(a) The words in the Governments country are amended to read in INDIA 1.4 The language is: English 1.6.1 The addresses are: For the Client: The Chairman National Highways Authority of India G-5 & 6, Sector 10, Dwarka NEW DELHI 110 075 General Manager (as mentioned in Annex-I ) National Highways Authority of India (NHAI) G-5 & G-6, Sector-10, Dwarka, New Delhi 110 075 Tel:011 25074100 Ext.1412; Fax: 011-25074100 (2457)
Attention :
For the Consultants: Attention: 1.6.2 Notice will be deemed to be effective as follows: (a) in the case of personal delivery or registered mail, on delivery; (b) in the case of telexes, 24 hours following confirmed transmission. (c) In the case of telegrams, 24 hours following confirmed transmission; and (d) In the case of facsimiles, 24 hours following confirmed transmission. 1.8 1.9 Entity to Act as Member in charge (In case of Joint Venture of Consultants): - Not ApplicableThe Authorized Representatives are: For the Client : ( -- ) General Manager ( -- ) For the Consultant: The Consultants and their personnel shall pay all taxes (including service tax), custom duties, fees, levies and other impositions levied under the laws prevailing seven days before the last date of submission of the bids. The effects of any increase / decrease of any type of taxes levied by the Government shall be borne by the Client / Consultant, as appropriate. The Consultant will remit service tax monthly or as applicable under the law and seek reimbursement from NHAI The effectiveness conditions are the following: The contract has been approved by the NHAI. The consultant will furnish with in 15 days of the issue of letter of acceptance, a unconditional Bank Guarantee from the Bank( Generally, by SBI or its subsidiaries or any Indian nationalized bank or IDBI or ICICI or ICICI Bank or by a foreign bank through a correspondent bank in
1.10
2.1 a) b)
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India) for an amount equivalent to 10 % of the total contract value to be received by him towards Performance Security valid for a period of three years beyond the date of completion of services. The Bank Guarantee (shall be extendable till the completion of civil contract works) will be released by NHAI upon successful completion of services and rectification of errors if any, found during implementation of services. The time period shall be seven days or such other time period as the parties may agree in writing. The time period shall be seven or such other time period as the Parties may agree in writing. The time period shall be four months or such other time period as the parties may agree in writing. Limitations of the Consultants Liability towards the Client (Ref. para 8 ) a) Except in case of negligence or willful misconduct on the part of the Consultants or on the part of any person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants, with respect to the damage caused by the Consultants to the Clients property, shall not be liable to the Client: (i) for any indirect or consequential loss or damage; and, (ii) For any direct loss or damage that exceeds; (A) the total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder, or (B) the proceeds the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (B) is higher. (f) The Limitation of liability shall not affect the Consultants liability, if any, for damage to Third Parties caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the Services. 3.5 The risks and the coverages shall be as follows: (a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988 in respect of motor vehicles operated in India by the Consultants or their Personnel or any Sub consultants or their Personnel for the period of consultancy. (b) Third Party liability insurance with a minimum coverage, for Rs. 1.00 million for the period of consultancy. (c) (i) The Consultant shall provide to NHAI Professional Liability Insurance (PLI) for a period of five years beyond completion of Consultancy services or as per Applicable Law, whichever is higher. (ii) The Consultant will maintain at its expense PLI including coverage for errors and omissions caused by Consultants negligence in the performance of its duties under this agreement, (A) For the amount not exceeding total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder OR (B) the proceeds, the Consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability, whichever of (A) or (B) is higher. iii) The policy should be issued only from an Insurance Company operating in India.
84
iv) The policy must clearly indicate the limit of indemnity in terms of Any One Accident (AOA) and Aggregate limit on the policy (AOP) and in no case should be for an amount less than state in the contract. v) If the Consultant enters into an agreement with NHAI in a joint venture or in association, the policy must be procured and provided to NHAI by the joint venture/in association entity and not by the individual partners of the joint venture/ association. vi) The contract may include a provision thereby the Consultant does not cancel the policy midterm without the consent of NHAI. The insurance company may provide an undertaking in this regard. (d) Employers liability and workers compensation insurance in respect of the Personnel of the Consultants and of any Sub consultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and all insurances and policies should start from the date of commencement of services and remain effective as per relevant requirements of contract agreement. 3.9 The Consultants shall not use these documents for purposes unrelated to this Contract without the prior written approval of the Client. The person designated as Senior Highway Engineer cum Team Leader in Appendix B shall serve in that capacity, as specified in Clause 4.6. (b) The ceiling amount in local currency is Rs Excluding Service Tax) (a) No advance payment will be made. (e) The interest rate is : @ 12% per annum (f) The account is : Disputes shall be settled by arbitration in accordance with the following provisions: 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: (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, Indian Roads Congress, New Delhi, for a list of not fewer than five nominees and, on receipt of such list, the Parties shall alternately strike names there from, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute. If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, the president, Indian Roads Congress, New Delhi, shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.
4.6
6.1 6.3 6.3 6.3 9.2 9.2.1
85
(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 later 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. If, in a dispute subject to Clause SC 9.2.1 (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.
(c)
9.2.2
Rules of Procedure Arbitration proceedings shall be conducted in accordance with procedure of the Arbitration & Conciliation Act 1996, of India unless the Consultant is a foreign national/firm, where arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract.
9.2.3 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. 9.2.4 Qualifications of Arbitrators The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of Clause 8.2.1 hereof shall be an internationally recognized legal or technical expert with extensive experience in relation to the matter in dispute.
9.2.5
Miscellaneous In any arbitration proceeding hereunder: (a) (b) (c) Proceedings shall, unless otherwise agreed by the Parties, be held in DELHI the English language shall be the official language for all purposes; and [Note: English language may be changed to any other Language, with the agreement of both the Parties.] 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.
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(d)
The maximum amount payable per Arbitrator in Arbitration clauses shall be as under Sl Particulars No. 1 Arbitrator fee Maximum amount payable per Arbitrator/ per case Rs. 15,000/- per day subject to a maximum 4 lacs Or Rs 2.5 lacs (lump sum) subject to Rs 15,000/Rs 20,000/-
2 3
Reading Charges Secretarial Assistance and Incidental charges (telephone, fax, postage etc.)
4 5
Charges for Publishing Rs. 20,000//declaration of the Award Other expenses (As per actuals against bills subject to maximum of the prescribed ceiling given below) Traveling Expenses Economy class (by air), First class AC (by train) and AC car (by road) Lodging and Boarding 1. Rs 15,000/- per day (in metro cities) 2. Rs 7,000/- per day (in other cities) 3. Rs 3,000/- per day, if any Arbitrator makes their own arrangements.
Local Travel Rs. 1,500/- per day Extra charges for days other than Rs. 2,500/- per day hearing/meeting days (maximum for 2 days) Note:- 1. Lodging, boarding and traveling expenses shall be allowed only for those members who are residing 100kms. Away from the place of meeting. 2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as Metro Cities. In exceptional cases, such as cases involving major legal implications/ wider ramifications/ higher financial stakes etc., a special fee structure could be fixed in consultation with the Contractor/ Supervision Consultants and with the specific approval of the Chairman, NHAI before appointment of the Arbitrator,
6 7
87
Appendix A Terms of reference containing, inter-alia, the Description of the Services and Reporting Requirements
Appendix B Consultants Subconsultants, Key Personnel and Sub Professional Personnel
Appendix C Hours of work for Consultants Personnel
Appendix D Duties of the Client
Appendix E Cost Estimate
Appendix F Minutes of Financial/ Contract Negotiations with the Consultant
Appendix G: Copy of letter of invitation
Appendix H: Copy of letter of acceptance
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Appendix I Format for Bank Guarantee for Performance Security BANK GUARANTEE FOR PERFORMANCE SECURITY To The Chairman National Highways Authority of India G-5 & 6, Sector-10, Dwarka New Delhi- 110 075 In consideration of National Highways Authority of India (NHAI) (hereinafter referred as the Client, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s. having its office at .. (Hereinafter referred to as the Consultant which expression shall repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of clients Contract Agreement no. / Letter of Acceptance No. .. dated and the same having been unequivocally accepted by the Consultant, resulting in a Contract valued at Rs../- (Rupees..) excluding service tax for Consultancy Services for Acquisition of land as per NH - Act 1956 (amended) for the construction of the Vadodara - Mumbai Expressway and spur connecting VM Expressway with Mumbai-Pune Expressway / JNPT. under Contract Package No. DPR/Vadodara-Surat/DL-2 (Hereinafter called the Contract), and the Consultant having agreed to furnish a Bank Guarantee to the Client as Performance Security as stipulated by the Client in the said contract for performance of the above Contract amounting to Rs. ./-(Rupees.). We, ..having registered office at .., a body registered/constituted under the .(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 money payable by the Consultant to the extent of Rs. ..(Rupees....) as aforesaid at any time up to ..without any demur, reservation, contest, recourse or protest and/or without any reference to the consultant. Any such demand made by the client on the bank shall be conclusive and binding notwithstanding any difference between the Client and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Client discharges this guarantee. The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee, from time to time to vary 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 consultant and to exercise the same at any time in any manner, and either to enforce or to forbear 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
89
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 Consultants liabilities. Notwithstanding anything contained herein, a) Our liability under this Bank Guarantee is limited to Rs.. (Rupees) and it shall remain in force up to and including and shall be extended from time to time for such period as may be desired by M/s., on whose behalf this guarantee has been given. This Bank Guarantee shall be valid up to .. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before (date of expiry of Guarantee). (Signature of the Authorised Official)
b) c)
(Name & Designation with Bank Stamp)
NOTE: (i) The bank guarantee(s) contains the name, designation and code number of the officer(s) signing the guarantee(s) (ii) The address, telephone no. and other details of the Head Office of the Bank as well as of issuing branch should be mentioned on the covering letter of issuing Branch. (iii) The bank guarantee for Rs. 10,000 and above is signed by at least two officials (or as per the norms prescribed by the RBI in this regard).
Appendix J: Reply to Queries of the Bidder
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National Highways Authority of India (Ministry of Road Transport & Highways) Government of India

REQUEST FOR PROPOSAL (RFP)

G 5 & G 6, Sector 10, Dwarka New Delhi 110 075

3.2 Technical Proposal 3.2.1

3.3 Financial Proposal

4.4 4.5 5 5.1

6.2 6.3 6.4

3. The Description of the Project:

7. Tax and Insurance

(Ref. Para 3.5.2)

(Ref. Para 4.4)

(Ref. Para 5.1 & 5.2)

80 Per cent. 20 per cent.

(Ref. Para 5.2)

APPENDIX-I (Formats for Proof of Eligibility) (Form-I)

Name of the Project

Brief scope of work

Turnover (Rs. in Lacs )

2005-06 2006-07 2007-08 2008-09 2009-10 Total Turnover Average Turnover

Signature ___________________ Full Name __________________ Designation _________________ Address ____________________

Location within Country :

Professional Staff Provided by your firm: No. of Staff :

No. of Staff Months :

Start Date (Month /Year)

Completion Date (Month / Year)

Approx. Value of Services : (in current USD) :

Name of Association Firm(s) if any :

No. of Months of Professional Staff provided by Associated Firm(s)

Narrative Description of Project :

Description of Actual Services Provided by your Staff :

Signature of Authorised Representative

(Certificate from Employer regarding experience should be furnished in support)

APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE ASSIGNMENT

[not more than of a page] [not more than of a page]

COMMENTS/ SUGGESTIONS OF CONSULTANT

On the Terms of Reference: 1. 2. 3. 4. 5. .. ..

I. Technical/Managerial Staff S.No. Name 1 2 3 4 .. .. .. II. Support Staff S.No. Name 1 2 3 4 .. .. ..

(Form-VII) Photo Photo

Permanent Employment with the Firm (Yes/No): : :

Report Due/ Activities

Field Full : Reports Due: Activities : Duration :

Item of Work / Activities

To be Carried out / prepared by (Name/Designation)

To be Checked/ Verified by (Name/Designation)

Appendix III (Form-I) FINANCIAL PROPOSALS

FROM: ________________________ ________________________ ________________________

TO: ________________________ ________________________ ________________________

Sir: Subject: Hiring of Consultants Services for ____________________________ ____________________________

I II III IV V VI VII VIII IX A B

F-I F-II Taxes and Duties

Office Rent (Fixed Costs) Nos. of Months 18 Rate/month Amount

Rate / Month/ Unit (Rs.)

Each Each Each Each

Rate / Month/ Unit (Rs.)

(Form-IV) Estimate of Costs for Expatriate Consultants Deleted

379.200 113.100 91.100

266.100 113.100 91.100 204.200 470.300

2.2.5. 2.2.6. 2.2.7. 2.2.8.

2.2.9. 2.2.10. 2.2.11. 2.2.12.

2.2.15. 2.2.16. 2.2.17.

Signature _________ Full Name Designation _ Address ____________

FROM:

TO:

Sir: Subject: Hiring of Consultants Services for

_ CONTRACT FOR CONSULTANTS SERVICES _____________________

__________________________ GENERAL CONDITIONS OF CONTRACT _