National Highways Authority of India
National Highways Authority of India
DECEMBER-2019
National Highways Authority of India RFP for IE during O&M Period
CONTENTS
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National Highways Authority of India RFP for IE during O&M Period
GENERAL:-
1. The National Highways Authority of India (NHAI) invites proposals for engaging an
Independent Engineer (IE) on the basis of International Competitive Bidding for the
following contract package in the State of Gujarat under NHDP Phase -programme.
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National Highways Authority of India RFP for IE during O&M Period
3. The proposal shall be submitted in English Language and all correspondence would be in
the same language.
4. The Operation & Maintenance of DBFOT projects broadly include Operation and
Maintenance activities of the Concessionaire for completed construction works and
Projects Facilities are opened to traffic as per the Concession Agreements.
5. As per the Terms and Conditions of the Concession Agreement(s), the Independent
Engineer is broadly required to:
(i) Review of the Drawings and Documents;
(ii) Determine the Project Facilities Completion Schedule;
(iii) Review, inspection and monitoring of Construction Works;
(iv) Conducting Tests on completion of construction and issuing Completion Certificate;
(v) Review, inspection and monitoring of O&M;
(vi) Review, inspection and monitoring of Divestment Requirements;
(vii) Determining, as required under the Agreement, the costs of any works or services
and/ or their reasonableness;
(viii) Determining, as required under the Agreement, the period or any extension
thereof, for performing any duty or obligation;
(ix) Assisting the Parties in resolution of disputes; and
(x) Undertaking all other duties and functions in accordance with the Concession
Agreement.
6. The interested consultancy firms may download the RFP from NHAI Website
www.nhai.gov.in from 09/12/2019 to 15/01/2020 upto 1100 hrs. The Consultants who
download the RFP document from the website will be required to pay the non-
refundable fee of Rs.5,000/- online prior to the submission of the Bid proposal. The
RFP will be invited through e- tendering portal.
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National Highways Authority of India RFP for IE during O&M Period
Refer Procedure under e-tendering for submission of RFP through e- tendering. The
Bank Details are as follows:
Authority Name: National Highways Authority of India, Ahmedabad
A/C No: 70001010005621
Name: Syndicate Bank
Branch:Prahlad Nagar Ahmedabad
IFSC Code: SYNB0007000
7. In this document, unless the context otherwise requires, reference to a firm or consultant
or bidder or applicant shall be construed as reference to any individual firm,
organization, company or their JV, reputed engineering institutions such as IITs/ NITs/
Deemed Universities.
8. The proposal should be submitted by consultancy through E-tender process. The two parts
of the proposal are Part 1: Technical Proposal and Part 2: Financial Proposal. For a given
DBFOT Project, Stage-1 of the Evaluation shall consider the evaluation of the Technical
Proposal (i.e. Part 1). The firms scoring the qualifying marks (minimum 75%) as
mentioned in RFP shall be listed in the descending order of their technical score and 5 top
ranking firms shall only be considered for further evaluation provided none of them is in
conflict of interest with the Concessionaire. The firms in conflict of interest shall be
substituted by next ranking firm not having conflict of interest with the Concessionaire.
Under stage 2, the financial proposal of such five firms as selected above shall be opened
and evaluated. The weightage of Technical and Financial score shall be 80% & 20%
respectively. The final selection of the firm shall be based on the highest combined score
of Technical and Financial Proposal.
9. The total time period for the assignment as Independent Engineer will be for 60 months.
On expiry or termination of aforesaid period, the Authority may in its discretion renew
the appointment.
10. Consultants may apply either as a sole firm or forming Joint Venture with other
consultants. In case of Joint Venture, the maximum number of Joint Venture partners is
limited to 2 (i.e. one lead + 1 JV partners). Formulation of more than one JV with
different partners for the same work is not allowed and all such proposal involving the
firms shall be treated as non-responsive.
11. (A) The Applicant whether a sole applicant or lead member with joint venture may
include any number of Associate to provide technology in assignment (refer para 9 (iii)
of data sheet). The associate firm can provide equipment-based road inspection services
for any of the 5 equipment’s viz., (i) Network Survey Vehicle including all modules
required as per technical specifications, (ii) Falling Weight Deflectometer, (iii) Mobile
Bridge Inspection Unit and (iv) Retro Reflectometer (v) Automatic Traffic Counter cum
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National Highways Authority of India RFP for IE during O&M Period
Classifier (ATCC). However, the associate(s) cannot be common for 2 or more bidders.
If any associate is common with 2 or more bidders, all those bids shall be declared non-
responsive. Hence, the bidder may ensure on his own that the associate proposed by him
is not proposed by any other bidder participating in the same assignment and the bidder
is solely responsible in this regard.
(B) In addition, the applicant whether a sole applicant or lead member with joint venture
may also include an Associate for providing key personnel. In such case, the applicant
should submit a MOU with associate regarding role and responsibility of Associate
Company. However, the maximum no. of key personnel from Associate firm during
RFP proposal and implementation of contract should be limited to two(2).
12. Consulting firms meeting the following criteria and not in conflict of interest with the
Concessionaire are only eligible for applying for this assignment. Firms not meeting
these criteria need not apply.
*Annual Turnover should be duly certified by statutory body like Chartered Accountant
or Independent Auditors who are competent to do so as recognized by the State
concerned.
B. Eligibility Criteria for partners in case of JV (not more than 1 JV partner shall be
allowed).
Lead Partner should meet at least 75% and JV partner should meet at least 40%
eligibility criteria of Annual Turnover. Lead partner and the JV partner both shall have
experience of at least one project of eligible category as in para 12 (A) above
Note: The weightage given for experience of a firm would depend on the role of the firm
in the respective assignments. The firm’s experience would get full credit if it was the
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National Highways Authority of India RFP for IE during O&M Period
sole firm in the respective assignment. Experience weightage for firms joining Lead
partner JV partner shall be considered in the same proportion as payment has been
received ** by the firm towards consultancy work in the project.
13. Following enhancement factor will be used for the cost of services provided and for the
turnover from consultancy business to a common base value for works completed in
India:
Year of completion of services / Turnover Enhancement factor
Financial year in which RFP invited 1.00
One year prior to RFP 1.10
Two year prior to RFP 1.21
Three year prior to RFP 1.33
Four year prior to RFP 1.46
Five year prior to RFP 1.61
Applicant should indicate actual figures of costs and amount for the works executed by
them without accounting for the above-mentioned factors.
In case the financial figures and values of services provided are in foreign currency, the
above enhancement factors will not be applied. Instead, current market exchange rate
(State Bank of India BC Selling rate as on last date of submission of the bid) will be
applied for the purpose of conversion of amount in foreign currency into Indian Rupees.
14. The Bidder including individual or any of its Joint Venture Member should, in the last 2
years, have neither failed to perform for the works of Expressways, National Highways,
ISC (Inter State Connectivity) & EI (Economic Importance) works, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award against the Bidder including individual or any of its Joint Venture
Member, as the case may be, nor has been expelled or terminated by Ministry of Road
Transport & Highways or its implementing agencies for breach by such Bidder including
individual or any of its Joint Venture Member. Consultants (sole firm or lead firm and
any of the JV partners) who have been debarred by NHAI and the debarment is in force
as on date of application, need not apply as their RFP proposal will not be entertained.
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National Highways Authority of India RFP for IE during O&M Period
15. NHAI shall not be responsible for any delay in receiving the proposal online and
reserves the right to accept/reject any or all applications without assigning any reason
thereof.
16. The Technical proposal must be with all pages numbered serially, along with an index of
submission and should be uploaded on the e-portal. Financial Proposals shall have to be
submitted only in Electronic Form (to be uploaded on the e-portal). In the event, any of
the instructions mentioned herein have not been adhered to, NHAI may reject the
Proposal.
17. NHAI will be at liberty to keep the credentials submitted by the Consultants at bidding
stage, in public domain and the same may be uploaded on NHAI web-site. By submitting
the proposal, the Consultants shall be deemed to have no objection to upload/host the
information pertaining to their credentials as well as of their key personnel on NHAI web-
site.
18. The individual key personnel proposed in the bid by the consultants or any replacement
thereof should undertake that they shall have no objection in uploading/hosting of their
credentials by NHAI in public domain
19. RFP submission must be received not later than 1500 hrs on 15.01.2020 in the manner
specified in the RFP document.
Key Dates:
1. Date of Pre-proposal Conference: 06.01.2020 at 1500 Hrs
2. Last Date of Online Bid Submission (Online): 15.01.2020 upto 1500 Hrs
3. Date and time of Technical Bid opening: 16.01.2020 at 1530 Hrs
4. Date and time of Financial Bid opening: To be notified
Project Director
Project Implementation Unit Ahmedabad,
National Highways Authority of India
2nd floor, Amul Building, Vejalpur Road, Jivraj Park
Ahmedabad-380051
Phone- 079-26821062/63
E-mail – [email protected]
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National Highways Authority of India RFP for IE during O&M Period
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other
consultant willing to act as IE to submit a proposal for providing consulting services
required for the assignment named in the attached Letter of Invitation.
1.2 A brief description of the assignment and its objectives are given in the Terms of
Reference (TOR).
1.3 This RFP is neither an agreement nor an offer by the Authority to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested parties
with information that may be useful to them in the formulation of their Proposals
pursuant to this RFP. This RFP includes statements and assumptions, which reflect
various assessments, arrived at by the Authority in relation to the Consultancy. Such
assessments and statements do not purport to contain all the information that each
Applicant may require. The information contained in this RFP, may not be complete,
accurate, adequate or correct. Each Applicant should, therefore, conduct its own
investigations about the assignment and the local conditions before submitting the
proposal by paying a visit to the Client and the project site, sending written queries to
the client, before the date and time specified in the Data Sheet.
1.4 Please note that (i) the costs of preparing the proposal including visits to site, are not
reimbursable as a direct cost of assignment and (ii) NHAI is not bound to accept any of
the proposals received by it and reserves the right to annul the selection process at any
time prior to contract award, without thereby incurring any liability to the Consultants.
1.5 We wish to remind you that in order to avoid conflict of interest situations, any firm
associated with the Concessionaire of the Project Highway as its Design and/or
Supervision Consultant during construction period and defect liability period of the
project or previous Operation and Maintenance period and/or the Contractor(s) as
Design Consultant and/or Construction Supervision Consultant is not eligible to
participate in the bidding. The restriction herein shall not apply after a period of 5(five)
years from the completion of their consultancy assignment
1.6 Deleted;
1.7 The Consultant will not propose any personnel who had been engaged by the
Concessionaire on the same project within last one year.
1.8 Consultant have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Client, or than may
reasonably be perceived as having this effect. Failure to disclose said situations may
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National Highways Authority of India RFP for IE during O&M Period
lead to the disqualification of the Consultant or the termination of its Contract and/or
any other action as deemed fit by the Authority at any stage.
1.9 It is the NHAI’s policy that the consultants observe the highest standard of ethics during
the selection and execution of such contracts. In pursuance of this policy, the NHAI:
i. Defines, for the purpose of this paragraph, the terms set forth below as follows:
a “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
selection process or in contract execution;
b “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
c “collusive practices” means a scheme or arrangement between two or more
consultants with or without the knowledge of the Client, designed to establish
prices at artificial, non-competitive levels;
d “Coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process or affect the execution of a contract.
ii. Will reject a proposal for award if it determines that the Consultant recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for the contract in question;
iii. Will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing, a contract; and
iv. Will have the right to require that a provision be included requiring consultants to
permit the NHAI to inspect their accounts and records relating to the performance of
the contract and to have them audited by authorized representatives of NHAI.
1.10 Consultants, their Sub-Consultants, and their associates shall not be under a declaration
of ineligibility for corrupt and fraudulent practices. Furthermore, the Consultants shall
be aware of the provisions on fraud and corruption stated in the specific clauses in the
General Conditions of Contract.
validity of the Proposal, Consultants could submit new staff in replacement. If any
consultant seeks any replacement(s), while extending the bid validity, then the same
shall be evaluated for ascertaining suitability of replacement as per the provisions of
the RFP and no remuneration shall be deducted for any such replacement(s).
However, the technical evaluation shall take into account of the originally submitted
CV(s) only irrespective of replacement sought. Consultants who do not agree have the
right to refuse to extend the validity of their Proposals.
2.1. TheConsultants may request a clarification of any of the RFP documents up to the number
of days indicated in the Data Sheet before the Proposal submission date. Any request for
clarification must be sent in writing by paper mail, facsimile, or electronic mail to the
Client’s address indicated in the Data Sheet. The Client will respond by cable, facsimile,
or electronic mail to such requests and will send copies of the response (including an
explanation of the query but without identifying the source of inquiry) to all consultants
who have purchased the RFP document. Clarification/amendment will also be hosted on
NHAI web-site.
2.2. At any time before the submission of Proposals, the Client may for any reason, whether
at its own initiative or in response to a clarification requested by a Consulting firm,
modify the RFP documents by amendment. Any amendment shall be issued in writing
through addendum. Addendum may be sent by mail, cable, telex, facsimile or
electronic mail to consultants or/and will be hosted on NHAI website which will be
binding on them. The Client may at its discretion extend the deadline for the
submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the formats
enclosed herewith (refer section 3 and 4). The two parts shall be:
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National Highways Authority of India RFP for IE during O&M Period
proposal. In case of JV a MoU indicating the specific Projects, input and role of each
Partner etc. shall be submitted with the proposal.
3.2 You are expected to examine all terms and conditions included in the documents.
Failure to act or to provide all requested information will be at your own risk and may
result in rejection of your proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the
following:
i. The man-months for the assignment shall be that stated in the Terms of Reference.
The same shall be considered for the purpose of evaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff as possible
and higher marks shall be given in this regard. The permanent staff would be
considered those already employed with the firm prior to one year from the month
during which this Tender Notice is issued. More weightage will be given to those
key personnel who are employed with more years with the firm.
iii. No alternative to key professional staff may be proposed and only one Curriculum
Vitae (CV) may be submitted for each position and
iv. A good working knowledge of the language specified in the data sheet is essential
for key professional staff on this assignment. Reports must be in the language (s)
specified in the data sheet.
v. For Key Personnel e.g. Team Leader, Highway Maintenance cum Resident
Engineer, Bridge/ Structural Engineer and Road Safety Expert, the Consultants
should prefer candidates having worked on PPP Projects. Such personnel shall be
rated higher than the candidates having no such experience at all”.
3.4 Your Technical Proposal must provide the following information, using but not limited
to the formats attached in the Section 3 &4.
(i) A brief description of the firm’s organization and an outline of recent experience of
the Consultants and, in the case of Joint Venture, for each partner, on assignments of a
similar nature. The information which you shall provide on each assignment should
indicate, inter-alia, the profiles of the staff provided, duration, contract amount and
firm’s involvement. The details of assignments on hand shall also be furnished.
(ii) Site Appreciation: limited to four A4 size pages in 1.5 space and 12 font including
photographs, if any;
(iii) Proposed methodology for the execution of the services illustrated with bar charts of
activities. The proposed methodology should be accompanied by the consultant’s
initial view, key challenges they foresee and potential solutions. The proposal shall
indicate as to whether the firm is having the facilities for carrying out the following
field activities or these are proposed to be outsourced to specialized agencies.
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National Highways Authority of India RFP for IE during O&M Period
Surface defects detection and roughness measurement using Network Survey Vehicle
(v) In case the consultant envisages outsourcing any or all of the above services to the
expert agencies, the details of the same indicating the arrangement made with the
agencies need to be furnished. These agencies would however, be subject to approval
of the client to ensure quality input by such agencies before award of the work. For
out-sourced services, proposed firms/consultants should have such experience on
similar projects. (Policy No. 10.2.2016 dated 07/09/2018 enclosed herewith will be
followed)
(vi) The composition of the proposed staff team, the tasks which shall be assigned to each
and their timing;
a. CVs strictly in the prescribed format and recently signed in blue ink on each page
by both the proposed professional staff and the Managing Director/Head or the
authorized representative of the firm.
b. Key information should include years with the firm and degree of responsibility held
in various assignments. In CV format, at summary, the individual shall declare his
qualification & total experience (in years) against the requirements specified in TOR
for the position (Ref. Enclosure-B of TOR). If any information is found incorrect, at
any stage, action including termination and debarment from future NHAI projects
upto 2 years may be taken by NHAI on the personnel and the Firm.
c. If same CV is submitted by two or more firms, zero marks shall be given for
such CV.
d. CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand, including those for which LOA has been received from the
Client or for which Consultant has been declared as H1, do not exceed, 2 (two) for
Road Safety Expert and 3(three) for bridge/structural engineer as on 7 days before
due date of proposal.
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National Highways Authority of India RFP for IE during O&M Period
e. All the CVs which are to be evaluated should be complete in all respects including
signing and certification by the individual and the firm. In order to overcome the
difficulties in furnishing the duly signed CVs due to time prescribed for submission
for RFP, maximum 3 CVs (except Team Leader and Highway Maintenance
Engineer) with scanned signatures of the candidates on all pages shall be permitted.
However, the authorized representative of the firm shall sign on each page. If the
firm is selected, then the firm shall submit duly signed CVs before the signing of
contract.
f. If a CV score less than 75% marks, whatever marks it score will be carried forward
for maximum 2 nos. key personnel for determining the total score of the firm.
However, if the Key Personnel does not fulfil the minimum academic qualification
(as mentioned at Enclosure-B of TOR of RFP), the overall score of his CV will be
evaluated as zero. If the Key Personnel does not fulfil the minimum qualification
related to experience (as mentioned at Enclosure-B of TOR of RFP), then zero
marks will only be assigned for that sub criteria, but the marks obtained by the CV
of the Key Personnel will be carried forward for maximum 2 nos. key personnel for
determining the total score of the firm. In case, a firm is H-1, then maximum 2
(two) such Key Personnel (whose CV scores less than 75% or who does not fulfil
the minimum qualification) will have to be replaced by the firm before signing the
contract. The reduction in remuneration of such replacements will be at the rate of
10% for each replacement. In case CV of a person is turned out to be
fake/incorrect/inflated during the assignment, the consultancy firms shall have to
refund the salary and perks drawn including interest @12% per annum in respect of
the person apart from other consequences. In addition to above, 10% of the salary
and perks to be refunded shall be recovered from the Firm as penalty.
(viii) Deployment Schedule for each key personnel should be formulated and incorporated
in the Technical Proposal which will be reviewed on quarterly basis.
(ix) Estimates of the total time effort (person x months) to be provided for the services,
supported by bar chart diagrams showing the time proposed (person x months) for
each professional staff and sub professional staff.
(x) A certification to the effect should be furnished by the Consultant that they have
checked the qualifications and experiences details submitted by the key personnel in
their CVs and found to be correct. This certification should be made in CVs of all key
personnel after the certification by the candidate. The format of CV includes
certification to this effect.
(xi) Detailed Evaluation criteria of the Firm and Key Personnel, which will be used for
evaluation of Technical Bids is enclosed as Appendix B10 to Section-4. The consultants
shall submit the self-evaluation as per Appendix B10 duly filled in based on the Detailed
Evaluation criteria mentioned therein at Appendix-B10. While submitting the
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National Highways Authority of India RFP for IE during O&M Period
Self-evaluation, Consultant shall make reference to the documents along with page
nos., which have been relied upon in his self-evaluation.
3.5 The technical proposal must not include any financial information.
3.7 The Financial Proposal should clearly identify as a separate amount, the local taxes
(including social security), duties, fees, levies and other charges imposed under the
applicable law, on the consultants, the sub-consultants, and their personnel (other than
nationals or permanent residents of the government’s country); unless the Data Sheet
specifies otherwise. This cost, however, will not be considered in evaluation.
3.8 Consultants may express the price of their services in the Local currency (Indian
Rupees)
3.9 The Goods and service tax shall be considered for release along with invoice, subject to
condition that Consultant submits the proof of deposit of the same with a Certificate
from CA firm within a period of 90 days of receipt of such Goods and service tax.
*(This will be the exchange rates as per Reserve Bank of India rounded off to nearest Rupee
applicable at the time of RFP invitation).
(A) Detailed RFP may be downloaded from E-tendering portal of Employer and the
Application may be submitted online following the instructions appearing on the screen.
B. The following shall be the form of various documents in the Application:
(I) Technical Proposal {Only Electronic Form (to be uploaded on the E-tendering portal of
Employer)}
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National Highways Authority of India RFP for IE during O&M Period
ii) The Applicant shall ensure that they have uploaded modules stipulated in
MoRT&H Circular No.RW-NH-35075/1/2010-S&R dt. 28.10.2015 on
www.infracon.nic.in,failing which the bid submitted will be summarily rejected.
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National Highways Authority of India RFP for IE during O&M Period
ii. The Financial Proposal 4.1 (b)(ii) will be opened of the short-listed applicants who
qualify for financial opening as per RFP. The date of opening of Financial
Proposal will be notified later on.
5. PROPOSAL EVALUATION
5.1. A two -stage procedure shall be adopted for evaluating the proposals. Technical
and financial evaluation of Bid & declaration of results shall be done based on the
documents received online after confirmation of Cost of tender in authorities
account.
5.2. Deleted.
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National Highways Authority of India RFP for IE during O&M Period
Financial Proposal
5.4. After the evaluation of Technical Proposals is completed and the shortlist of 5 firms is
finalized, NHAI may notify those consultants whose proposals were not considered as
per conditions of RFP indicating that their Financial Proposal will not be opened
online. The NHAI shall simultaneously notify the finally selected 05 (five) short listed
firms indicating the date and time set for opening of the Financial Proposals.
5.5. The Financial Proposals shall be opened through e-proc publicly in the presence of the
consultants’ representatives who choose to attend. The name of the consultant, the
technical scores, and the proposed prices shall be read aloud and recorded when the
Financial Proposals are opened. The Client shall prepare minutes of the public opening.
5.6. The Evaluation Committee will determine whether the submitted Financial Proposals
are complete (i.e. whether they have included cost of all items of the corresponding
proposals; if not, then the cost towards such missing items will be considered as NIL,
but the Consultant shall, however, be required to carry out such obligations without
any additional compensation. In case under such circumstances, if Client feels that the
work cannot be carried out within the overall cost as per the submitted financial
proposal, such proposals shall be considered non responsive.
5.7. The Evaluation Committee shall determine if the financial proposal is complete and
without computational errors. The order of priority as among these firms on the basis
of financial bids will also be determined and the lowest financial bid shall rank first for
award of contract.
5.8. The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points.
The financial scores (Sf) of the other Financial Proposals will be computed as
Sf = 100 x Fm/F, where Sf is the financial score. Fm is the lowest price and F, the price
of the proposal under consideration. Proposals shall finally be ranked according to their
combined technical (St) and financial (Sf) scores using the weights indicated in the
data sheet:
S = St x T% + Sf x P%.
The Firm achieving the highest combined technical financial score shall be declared as
the most preferred bidder.
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National Highways Authority of India RFP for IE during O&M Period
6. Replacement of Personnel
6.1. Prior to the expiration period of validity of proposal, the NHAI shall notify the
successful firm (first ranking firm) in writing by registered letter or facsimile and issue
LOA. In case two or more firms offer same lowest financial bid, the firm achieving the
highest Technical score shall be considered for LOA.
6.2. The proposal shall include methodology (work plan), staffing and bar charts, which
shall indicate activities, staff, periods in the field and in the home office, staff months,
logistics and reporting. Special attention shall be paid to optimize the required outputs
from the firm within the available budget and to define clearly the inputs required from
the NHAI to ensure satisfactory implementation of the assignment.
6.3. It is the responsibility of the Consultant, before submitting the financial proposal, to
contact the local tax authorities to determine the local tax amount to be paid by the
Consultant under the Contract. Having selected a firm, among other things, on the basis
of an evaluation of proposed key professional staff, the Contract will be finalized.
6.4 All replacements shall be governed by Clause 4.5 ( Renewal and/or Replacements of
Personnel) of General Condition of the Contract.
7. AWARD OF CONTRACT
7.1. The Client shall award the Contract to the selected Consultant. However, after signing
of the Contract, the Client may return the unopened Financial Proposals to the
unsuccessful Consultants.
7.2. The successful firm with whom the contract is signed is expected to commence the
assignment on the date and at the location specified in the data sheet.
8. PERFORMANCE CLAUSE
Independent Engineers shall be expected to fully comply with all the provisions of the
“Terms of Reference” and shall be fully responsible for supervising and ensuring that
the Designs, Construction and Maintenance and Operation of the facility takes place in
accordance with the provisions of the Concession Agreement. Failure of the
Independent Engineer to notifying NHAI and the Concessionaire on non-compliance
of the provisions of the Concession Agreement by the Concessionaire, non-adherence
to the provision of ToR and non-adherence to the time schedule prescribed under ToR
shall amount to non-performance.
The Independent Engineer shall appoint senior most technical director or equivalent as
its authorized representative, who shall correspond with the NHAI besides Team Leader
to monitor the performance of its staff, undertake quarterly site inspections and give a
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National Highways Authority of India RFP for IE during O&M Period
report to NHAI on such inspection for comments and suggestions of NHAI for future
compliance, issue on behalf of the IE, the Provisional Completion Certificate and
Completion Certificate and shall carry out any such task as may be decided by NHAI.
The IE shall take prior approval of NHAI before issuing Provisional Completion
Certificate and Completion Certificate. The proposal submitted shall also include the
name of the authorized representative along with the authorization letter and power of
attorney. No separate payment shall be made for such inputs and site visits of the
authorized representative as the same shall be treated as incidental to the assignment.
9. CONSULTANT’S PROPOSAL
9.1. Broad job-description and minimum qualification and experience requirements for key
personnel mentioned above are given in Enclosure–B. However, higher marks shall be
accorded to the Candidate with higher relevant qualification and experience in PPP
projects. The age of the Key Personnel should not be more than 65 years on the date of
submission of proposal. Consultants are advised in their own interest to frame the
technical proposal in an objective manner as far as possible so that these could be
properly assessed in respect of points to be given as part of evaluation criteria. The
bio-data of the key personnel should be signed on every sheet by the personnel
concerned and the last sheet of each bio-data should also be signed by the authorized
signatory for the Consultant. The key personnel shall also certify at the end of their
bio-data proforma that they have not left any of the NHAI works without completing
of their assignment and have not accepted any other offer at the time of signing of the
bio-data and as such shall be available to work with the Independent Engineer, if the
Project is awarded. In case the key personnel leave the assignment without approval of
NHAI, NHAI would be at liberty to take any appropriate action against that key
personnel including debarment.
9.2. In addition to above, the consultants are required to propose sub-professional staff as
detailed in Enclosure-A with the minimum qualification and experience requirements
as given in Enclosure–B.
10.1 The successful consulting firm shall have to submit a Bank Guarantee (BG) for an
amount of 2.5% of the Contract Value within 15 days of issue of LOA. The BG
shall be valid for a period of 62 months i.e. up to 2 months beyond the expiry of
the Contract of 60 months. The BG shall be in the format specified in Appendix I
of draft contract form and furnished from a Nationalized Bank, IDBI or
ICICI/ICICI Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial Bank
approved by RBI having a net worth of not less than 1000 crore as per latest
Annual Report of the Bank. In the case of a Foreign Bank (issued by a Branch in
India) the net worth in respect of Indian operations shall only be taken into
account. In case of Foreign Bank, the BG issued by Foreign Bank should be
counter guaranteed by any
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National Highways Authority of India RFP for IE during O&M Period
Nationalized Bank in India. In case of JV, the BG shall be furnished on behalf of the
JV and not individually by the members.
10.2 Further, in cases where the bid of the successful consulting firm is less than 85% of
the average of all bids received, the successful consulting firm shall have to submit
an additional Performance Security (APS) in the form of a Bank Guarantee for 30%
of the differential value between the successful bid and average of bids received.
The BG shall be valid for a period of 62 Months i.e. up to 2 Months beyond the
expiry of the contract of 60 months. The other requirements of APS are same as
those of Performance Security.
.
Note: For smooth operation and verification of genuineness of BG, it shall be ensured for
incorporation into the body of BG the following paragraph.
“The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance
Messaging System) platform & shall invariably send an advice of this Bank
Guarantee to the designated bank of NHAI after obtaining detail thereof from
NHAI.”
Note:
The bidder has to furnish the data/information, as applicable to them, for different
annexure enclosed herewith as per NHAI circular NHAI/Policy Guidelines /Consultancy
contracts/2018 No.10.2.15, dated 18.07.2018.The provision under this circular will
prevail upon any other similar provision mentioned elsewhere in the bid document.
NHAI decision this regard will be final and binding on the bidder/successful bidder.
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National Highways Authority of India RFP for IE during O&M Period
DATA SHEET
2. The proposal shall be valid for 120 days after the last date of
3. Clarification may be requested 7 days prior to Pre-Proposal Conference. The address for
requesting clarification is:
Project Director
Project Implementation Unit Ahmedabad
2nd floor, AmulBuilding,Vejalpur Road, Jivraj Park
Ahmedabad-380051
Phone- 079-26821062/63
E-mail – [email protected]
5. All the personnel shall have working knowledge of English and all the reports etc. shall
be written in English.
6. NHAI shall reimburse only Goods and service tax. Consultant has to assess all other taxes
and should inbuilt them in their financial proposal. These taxes (other than Goods and
service tax) should not be provided separately. The Consultants to state cost in INR only.
7. The Consultants to ensure that their firms and key personnel should register their
credentials / modules on www.infracon.nic.in as stipulated in MoRT&H Circular No.
RW-NH-35075/1/2010-S&R® dt. 28.10.2015.
8. The time and date of bid submission on e-tender portal: 15.01.2020 upto 1500 hrs.
9. Deleted;
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National Highways Authority of India RFP for IE during O&M Period
i. Sub criteria for Relevant Experience of the firm for the assignment
Employer’s certificate should be submitted substantiating the experience claimed by the firm.
**Consultants should give details of the experience of the firm considering the completed
and the on-going highway assignments, separately for PPP and non-PPP Projects along with
experience certificates from clients. This list of the completed works should also include
those assignments which are substantially (90% of Contract value) completed. No
Qualification/Experience etc. shall be considered without proof of experience.
ii. Sub criteria for Adequacy of the proposed work plan and methodology
Site Appreciation 1
Quality of Approach and Methodology (approach and initial view on 2
project plan including key challenges envisaged and potential solutions)
Internal Quality Audit Methodology to be adopted (Quality Assurance 2
Plan)
Total 5
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National Highways Authority of India RFP for IE during O&M Period
iii. Sub criteria for Experience in use of technology for road inspection
Maximum Sub-
Sr.No Description
Points Points
1 Experience in Network Survey Vehicle (NSV) or 6
better technology for pavement inspection
1.1 Own an equipment/MOU with Associate 3
1.2 1-2 projects 4
1.3 3-5 projects 5
1.4 > 5 projects 6
2 Experience in Falling Weight Deflect meter 3
(FWD) or better technology for pavement
strength measurement
2.1 Own an equipment/MOU with Associate 2
2.2 1-3 projects 2.5
2.3 > 3 projects 3
3 Experience in Mobile Bridge Inspection Unit 4
or better technology for bridge inspection
3.1 Own an equipment/MOU with Associate 2
3.2 1-3 projects 3
3.3 >3 projects 4
4 Experience in Retro reflect meter technology 4
4.1 Own an equipment/MOU with Associate 2
4.2 1-3 projects 3
4.3 > 3 projects 4
5 Experience in Automatic Traffic Counter cum 3
Classifier (ATCC)
5.1 Own an equipment/MOU with Associate 1
5.2 1-3 projects 2
5.3 > 3 projects 3
Total 20
Note: A. The consultants owning the equipment’s shall be required to submit proof of
ownership.
B. The experience of the associate firms in use of technology shall also be counted in
the evaluation. The experience of firm or associate firm in NSV, FWD, MBIU, Retro
reflectometer, ATCC or equivalent technology shall be supported by experience
certificate. The experience of a firm/ associate firm for a private
concessionaire/contractor shall be considered only if the experience certificate is
authenticated by the concerned competent Government department/authority.
(Policy guidelines No. 10.2.16 dated 07/09/2018 enclosed herewith to be followed)
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National Highways Authority of India RFP for IE during O&M Period
v. The technical proposal should score at least 75 points to be considered responsive for
financial evaluation.
vi. Detailed evaluation criteria which is to be used for evaluation of technical bids is as
indicated below as Appendix-EC.
vii. The Consultant should carryout self-evaluation based on the evaluation criteria at
Appendix-EC. While submitting the self-evaluation along with bid, Consultant shall
make references to the documents which has been relied upon in his self-evaluation.
viii. Result of technical evaluation shall be made available on the website giving
opportunity to the bidders to respond within 7 days in case they have any objection.
ix. The single currency for price conversion is INR. For evaluation of bid proposals, the
foreign currency conversation rate of 1US Dollar = Rs. XXX and 1 Euro = Rs.XXX
shall be used at the rate as on bid due date.
xi. Commencement of Assignment: The firm shall begin carrying out the services within
15 days of signing of the Consultancy Agreement.
Remarks: Based on experience and the Consulting Industry’s Capacity, Project specific
requirement etc., NHAI may modify the above criteria for Selection of IE.
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National Highways Authority of India RFP for IE during O&M Period
The proposal should contain the following information in enclosed format attached at
Appendix A.
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the
last five years ( FY 2014-15, 2015-16, 2016-17, 2017-18 & 2018-19)**. For claiming
experience of Highway projects, Completion Certificate from Employer should be enclosed.
The proposal should also contain the details of the key personnel viz. their name,
qualification, expertise area, experience and years of association with the firm.
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm
Consultant Year of Country Type of Organization
Establishment Individual Partnership Corporation Other
Individual/
Lead Partner
(of JV)
a. **The amount shall be stated in INR. (Consider US$1= XXXX INRs. and 1 Euro
=XXXX INRs.)
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National Highways Authority of India RFP for IE during O&M Period
b. The currency conversion rate for the respective years shall be mentioned for
other international currencies.
In case the annual accounts for the latest financial year are not audited and therefore
the Applicant cannot make it available, the Applicant shall give an undertaking to
this effect duly certified by statutory body like Chartered Accountant or Independent
Auditor who are competent to do so as recognized by the state concerned. In such a
case, the Applicant shall provide the Audited Annual Reports for 5 (five) years
preceding the year for which the Audited Annual Report is not being provided.
1.
2.
3.
B. Projects in progress:
1.
2.
3.
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National Highways Authority of India RFP for IE during O&M Period
viii. Experience *** in DPR/Feasibility Study of 4/6 laning Highway projects during the
last 7 years.
Total
Client(with
Fee for
Complete % Age of
Type Length the
address, contact Fee in INR Total
Sr. Projects Services of Con-
person, (Applicant’s FeeReceived Period
No. Name/year Ren- Project sultancy
telephone share in) by the
Dered (km) Assign-
Nosand Fax Firm
ment
Nos)
(INR)
1 2 3 4 5 6 7 8 9
a. ***4/6 lane as applicable for the project for which RFP is invited. Experience of 4/6
lane shall be considered interchangeably for 4/6 laning projects.
b. Only those projects, to be included in the table which are Highways Projects and for
which clients certificates from the concerned Government agencies are enclosed with
the proposal. The certificate should be issued by an Officer not below the rank of
Executive Engineer.
c. The weightage given for experience of a firm would depend on the role of the firm in the
respective assignments. The firm’s experience would get full credit if it was the sole
firm in the respective assignment. Experience weightage for firms as Lead partner/JV
partner/Associate shall be considered in the same proportion as payment has been
received by the firm towards consultancy work in the project.
d. For weight age of experience in any past Consultancy assignment experience certificate
from the client shall be accepted. In the absence of experience certificate from the client,
proportion of payment received towards Consultancy work duly certified by statutory
body like Chartered Accountant or Independent Auditors who are competent to do so as
recognized by the State concerned shall be accepted. Annual turnover duly certified by
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National Highways Authority of India RFP for IE during O&M Period
e. Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be
given in the following format.
f. Number of Key Personnel (as defined in RFP) employed with the firm in highway sector
with more than one year from bid submission date:
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
APPENDIX B-1
Technical Proposal Submission Form
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as IE for the
Operation and Maintenance of
i.
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated , and our Proposal dated .............while duly examining
and
Understanding the contents of RFP. We are hereby submitting our Proposal, which includes
this Technical Proposal and a Financial Proposal sealed under a separate envelope for the
above-mentioned work.
We further certify that in the last 3 years, we or any member of our JV/Associates have neither
failed to perform any contract/ assignment nor have been expelled from any
contract/assignment nor had any contract/assignment terminated for our breach. our Proposal is
binding upon us.. We understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
Authorized Signatory
Name and Address of Firm
(Lead Member in case of JV)
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
The approach and methodology will be detailed precisely under the following topics.
1) Methodology for services, surveying, road condition data collection and analysis [not
more than 2 pages]
2) Key challenges foreseen and proposed solutions in carrying out the assignment [not
more than 1 page]
3) Proposed Quality Audit Methodology and Quality Assurance Plan [not more than 6
pages]
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National Highways Authority of India RFP for IE during O&M Period
1. State whether applicant has in-house (created in house at site)/ outsourced/ not available
facility for
2. In-case answer to 1 is available (created in house at site) a list of field investigation and
testing equipment is to be attached
4. For experience in NSV, FWD, MBIU and reflectometer, references need to be provided
in the following format (will be as per NHAI Circular 2019/No.10.2.17/2019 dated
25/02/2019).
REFERENCES
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.
1. Technical/Managerial Staff
2. Support Staff
1
2
3
4
...
...
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National Highways Authority of India RFP for IE during O&M Period
Education:
[Summarize college/university and other specialized education of staff member, giving their
names, dates attended, and degrees obtained. Use about one quarter of a page.]
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant previous
assignments and give dates and locations. Use about half a page.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions
held by staff member since graduation, giving dates, name of employing organizations, titles
of positions held, and locations of assignments. For experience in last ten years, also give
types of activities performed and client references, where appropriate. Use about three-
quarters of a page.]
Languages:
[For English language indicate proficiency: excellent, good, fair, or poor; in speaking,
reading, and writing]
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National Highways Authority of India RFP for IE during O&M Period
I, the undersigned, (Name and Address) undertake that this CV correctly describes myself,
my qualifications and my experience and NHAI would be at liberty to debar me if any
information given in the CV, in particular the Summary of Qualification & Experience vis-à-
vis the requirements as per TOR is found incorrect. I further undertake that I have neither
been debarred by NHAI nor left any assignment with the consultants engaged by NHAI /
contracting firm (firm to be supervised now) for any continuing work of NHAI without
completing my assignment. I will be available for the entire duration of the current projects
(named --------------------- ). If I leave this assignment in the middle of the work, NHAI would
be at liberty to debar me from taking any assignment in any of the NHAI works for an
appropriate period of time to be decided by NHAI. I have no objection if my services are
extended by NHAI for this work in future.
I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such
unavoidable circumstances, I shall not undertake any employment in NHAI projects during
the period of assignment of this project and NHAI shall consider my CV invalid till such
time.
I further certify that I am associated with the following assignments as on date (as on 7 days
prior to due date for submission of proposal) including those for which LOA has been
received by the firm and the inputs in these assignments shall not effect the work of the
current assignment
Total input of
Likely Start Likely end
Name of Date of the
Client
Assignment LOA person
(Month/Year) (Month/Year)
(man-months)
Date:
(Signature of Key Personnel) [(Day/Month/Year)]
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National Highways Authority of India RFP for IE during O&M Period
Date:
[Signature of authorized representative of the Firm] [(Day/Month/Year)]
Note:-
a. Personnel is to affix his recent photograph on first page of CV.
b. Complete address and phone number of the Personnel is to be provided.
c. Document for proof of age is to be enclosed.
d. Document for proof of qualification is to be enclosed.
e. Age of the personnel shall not be more than as specified.
f. Experience Certificates from Employers to be attached
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
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National Highways Authority of India RFP for IE during O&M Period
APPENDIX B-10: Self Evaluation by the Firm on the Annexure A, along with
Annexure-A-1, Annexure A-2, Annexure A-3, Annexure A-4-1 to A-4-4 and Annexure
A-5-1 to A-5-9.
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National Highways Authority of India RFP for IE during O&M Period
APPENDIX B-11:
INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents
for tenders having a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and same
signatory competent/ authorized to sign the relevant contract on behalf of the NHAI)
Tender No.
This integrity Pact is made at _____ on this ________ day of _______ 2019.
Between
National Highways Authority of India (NHAI), a statutory body constituted under the
National Highways Authority of India Act, 1988, which has been entrusted with the
responsibility of development, maintenance and management of National Highways, having
its office at G-5 & G-6, Sector-10, Dwarka, New Delhi, hereinafter referred to as “The
Principal”, which expression shall unless repugnant to the meaning or contract thereof
include its successors and permitted assigns. Andhereinafter referred to as
“The Bidder/Contractor /Concessionaire/Consultant” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures,
contract/s for
Independent Engineer Services during Operation & Maintenance period for 6 lane section of
Ahmedabad to Vadodara section of NH-8 from Km. 6.400 to Km. 108.700 (LengthKm102.300)
in the state of Gujarat & Ahmedabad to Vadodara Expressway from Km.0.000 to Km. 93.302
in the state of Gujarat (Length 93.302 km) under NHDP Phase-V on DBFOT Toll Basis
The Principal values full compliance with all relevant laws of the land, rules of land,
regulations, economic use of resources and of fairness/ transparency in its relations with its
Bidder(s) and/ or Contractor(s)/Concessionaire(s)/ Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall
also be read as integral part and parcel of the Tender documents and contract between the
parties. Now, therefore, in consideration of mutual covenants stipulated in this pact, the
parties hereby agree as follows and this pact witnesses as under:-
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National Highways Authority of India RFP for IE during O&M Period
1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason.
The Principal will in particular, before and during the tender process, provide to all
Bidder(s) the same information and will not provide to any Bidder(s) confidential/
additional information through which the Bidder(s) could obtain an advantage in relation
to the tender process or the contract execution.
c. The Principal will exclude all known prejudiced persons from the process, whose
conduct in the past has been of biased nature.
2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.
b. The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contracts,
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National Highways Authority of India RFP for IE during O&M Period
g. The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process
in furtherance of his bid.
Article – 3 Disqualification from tender process and exclusion from future contracts.
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National Highways Authority of India RFP for IE during O&M Period
Bidder/ Contractor/ Concessionaire/ Consultant and the amount of the damage. The
exclusion will be imposed for a minimum of 1 year.
4. The Bidder/ Contractor/ Concessionaire/ Consultant with its free consent and without
any influence agrees and undertakes to respect and uphold the Principal’s absolute rights
to resort to and impose such exclusion and further accepts and undertakes not to
challenge or question such exclusion on any ground, including the lack of any hearing
before the decision to resort to such exclusion is taken. This undertaking is given freely
and after obtaining independent legal advice.
5. The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder/ Contractor/ Concessionaire/ Consultant shall be
final and binding on the Bidder/ Contractor/ Concessionaire/ Consultant.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Concessionaire/ Consultant can prove that he has restored/ recouped the damage caused
by him and has installed a suitable corruption prevention system in his organization.
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/ Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security apart from any other legal right that may have accrued to the
Principal.
2. In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant
and/ or demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
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National Highways Authority of India RFP for IE during O&M Period
1. The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any country
conforming to the anti-corruption/ Transparency International (TI) approach or with any
other Public Sector Enterprise/ Undertaking in India or any Government Department in
India that could justify his exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3
above for transgressions of Article-2 and shall be liable for compensation for damages as
per Article-4 above.
2. The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Concessionaires/ Consultants and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders who do not sign this
Pact or violate its provisions.
If any claim is made/ lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/ determined by
Chairman of NHAI.
1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
(Office Seal )
Place _______
Date
Witness 1 :
Witness 2 :
Anneuxre-A-1
Evaluation Sheet (Relevant Experience of Firm for the Assignment Total Marks = 35)
S. Description Marks Name of Firm Certificate
No. attached (Page
No.) /Remarks
1 Year of Establishment of the Firm (In case of JV 2
year of establishment of Lead Member shall be
considered) (Min 5 years) For 5 years - 1.5 marks
More than 5 years – 2 Marks
2 Average Annual Turnover (last 5 years or in each of 2
the preceding two years) from consultancy
business (Min 5 Crore)For >50 Crores - 2 marks, For
20-50 Crores- 1.5 marks, For 10-20 Crores- 1
mark for 5-10 Crores- 0.5 mark
3 Numbers of key personnel with the firm more than 2
one year with the firm.
< 4 personnel - 0 marks
4 to 12 - Linearly varying from 0.25 to 2 > 12
personnel - 2 marks
4 Experience in DPR/Feasibility cum PPR 5
preparation for two projects of 4/6 laning of 30% of
project length each or one project t of 4/6 laning of
50% of project length in last 7 years 2 project 4/6
laning of 30% of project length each - 4 marks Or 1
project of 4/6 laning of 50% of project length - 4
marks Add 0.25 (Zero point two five) marks extra
for each additional project subject to maximum 1
marks.
5 In hand DPRs for NHAI Projects For DPR project 10
length > the length of project for which RFP invited
-5 Marks For DPR project length > two times the
length of project for which RFP invited -7.5 Marks
For project length > three times the length of project
for which RFP invited - 10 Marks
6 Experience as Independent Engineer/ Authority 6
Engineer/Supervision Consultant two construction
projects of four/six laning ** of 30% of project
length each or one projects of four/six laning ** of
50% project length in last 7 years. 2 construction
projects 4/6 laning of 30% of project length each -
4marks Or 1 construction project of 4/6 laning of
50% of project length - 4 marks
Add1(one)
markextra for completed assignment of
Independent Engineer and add 0.5 (Zero point
five) marks extra for completed assignment of
supervision consultancy subject to maximum 2 (two)
7 Experience as Independent Engineer/ 8
Supervision Consultants one O&M project under
DBFOT/ OMT/ O&M of four/six laning** of 50%
of project length in last 7 years 1 project - 6 marks
Add 0.5 (Zero point five) marks extra for each
additional project subject to maximum 2 marks.
Total
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National Highways Authority of India RFP for IE during O&M Period
Anneuxre-A-2
Evaluation Sheet (Adequacy of the Proposed Approach and Methodology)
Reference/Details of Marks self-
Maximum
Description projects Claimed for assessed by
Marks
self-assessment the bidder
Site Appreciation
(i) Average 0.50
1
(ii) Good 0.75
(iii) Very Good 1.00
Quality of Approach and Methodology
(Review of scope ofwork and design
review, construction
supervision methodology,
contract management approach,
safety review/audit and O&M stage,
2
initial view on project plan including
key challenges envisaged and
potential solutions to be judged).€
(i) Average 0.75
(ii) Good 1.50
(iii) Very Good 2.00
Quality Audit Methodology andQuality
Assurance Plan
(i) Average 0.75 2
(ii) Good 1.50
(iii) Very Good 2.00
Total Marks 5
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National Highways Authority of India RFP for IE during O&M Period
Anneuxre-A-4-1
50
National Highways Authority of India RFP for IE during O&M Period
Total 100
Annexure-A-4-2
Professional Experience :
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National Highways Authority of India RFP for IE during O&M Period
Annexure-A-4-3
Evaluation Sheet - Road Safety Expert
S. Description Max. Name of Firm ............. Remarks
No. Marks
1 General Qualification/Name/DOB 25 Name of Road
Safety Expert .......
i.Graduate in Civil Engineering -21marks 25
ii.PostGraduation Traffic/Transportation
/Safety Engineering- 04marks.
2 Adequacy for the project 70
Professional Experience :
(i) Total Professional Experience 30
<7 years -0 , 7 years -22
Add two marks extra for each
additionalcompleted year of experience
subject tomaximum 8 (eight) marks.
(ii) Experience in similar capacity* in road 20
safety works of major Highways project (4/6
laning project)
<3 years -0, 3 years -12
Add one marks extra for each additional
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National Highways Authority of India RFP for IE during O&M Period
Annexure-A-4-4
Professional Experience :
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National Highways Authority of India RFP for IE during O&M Period
ii. On behalf of Contractor: Bridge Engineer/ Bridge Design Engineer/ Structural Engineer
Period Experience
S. Name of Post Nature Name of Total
Client certificate
No. Employee Held of work Employer Period From To
Page No.
Period Experience
S. Name of Post Nature Name of Total
Client certificate
No. Employee Held of work Employer Period From To Page No.
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National Highways Authority of India RFP for IE during O&M Period
56
National Highways Authority of India RFP for IE during O&M Period
Subject : Independent Engineer Services during Operation & Maintenance period for 6 lane
section of Ahmedabad to Vadodara section of NH-8 from Km. 6.400 to Km. 108.700
(LengthKm102.300) in the state of Gujarat & Ahmedabad to Vadodara Expressway from
Km.0.000 to Km. 93.302 in the state of Gujarat (Length 93.302 km) under NHDP Phase-V on
DBFOT Toll Basis
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated [Date], and our proposal. Our attached financial
proposal is for the sum of [Amount in words and figures]. This amount is exclusive of the
local taxes which we have estimated at (Amount in Words and Figures).
Our financial proposal shall be binding upon us up to the expiration of the validity period of
the proposal, i.e., [Date].
We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this
proposal and contract execution, if we are awarded the contract, are listed below:
Name and Address Amount and Purpose of Commission
of Agents Currency or Gratuity
We understand you are not bound to accept any proposal you receive.
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(i) The remuneration shall include the cost of accommodation and all other miscellaneous
personal expenses as required for carrying out the assignment.
(ii) Any travel related expenditure incurred by the Team Leader on account of his/her
involvement in multiple projects shall be deemed to be included in the cost quoted for
the project and shall not be payable separately.
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TBN = To Be Named
*The man-month against each key personnel/sub – professional shall be same as specified
in Enclosure A.
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National Highways Authority of India RFP for IE during O&M Period
Note: Billing rates as indicated above shall be increased in accordance with clause 6.2(a)
Special Conditions of Contract for the personnel of all categories namely (i) key Personnel;
(ii) sub- Professional personnel and (iii) Support staff. The increase as above shall be
payable only on the remuneration part of Key Personnel, Sub-Professional Personnel and
support staff. However, for evaluation of Bid proposals, the quoted initial rate shall be
multiplied by the total time input for each position on this contract, i.e. without considering
the subsequent increase in the billing rates.
III. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers, operation,
maintenance, repairs, insurance, etc. for all complete approx. 4000km/month run. (The
vehicles shall not be more than 3 years old.)
below: Requirements
S. Description of Vehicles Qty. (No. of Rate / Vehicle Amount
No. Vehicle Month) Month
1 Innova / Scorpio or Equivalent (for 1×60
Team Leader/RE)
2 Indica / Mahindra Jeep or 4×60
equivalent (for Other Technical
Staff)
Total
IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff
Trips Numbers of trips Rate* Amount
Consultant’s Head 5
office to HQ/RO and
return
* Rate quoted includes Hotel charges (lodging & boarding), travel cost etc. complete
for one person.
V. Office Rent (Fixed Costs) – Minimum 200 sqm area of office shall be rented:
The office shall be located on the project stretch preferable at near Toll Plaza and the office
rent includes electricity and water charges, maintenance, cleaning, repairs, security etc.
complete.
Nos of Months Rate/month Amount
Minimum 200 sqm area of office 60
shall be rented
The rent cost includes electricity
and water charges, maintenance,
cleaning, repair etc, completed
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National Highways Authority of India RFP for IE during O&M Period
The cost shall include of office supplies, drafting supplies, computer running cost, domestic
and international communication etc. as required for office functioning.
Nos of Months Rate/month Amount
60
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Total
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1. Scope
1.1 These Terms of Reference for the Independent Engineer (the “TOR”) are being
specified pursuant to the (i) Concession Agreement dated 25/07/2011 (the “Agreement”),
which has been entered into between the Authority and M/s. IRB Ahmedabad Vadodara
Super Express Tollway Pvt. Ltd. (the “Concessionaire”) for Ahmedabad to Vadodara
section of NH-8 from Km. 6.400 to Km. 108.700 (Length Km 102.300) in the state of
Gujarat & Ahmedabad to Vadodara Expressway from Km.0.000 to Km. 93.302 in the
state of Gujarat (Length 93.302 km) basis in the State of Gujarat.
Copies of which is annexed hereto and marked as Annexure-A respectively to form part of
this TOR.
2.1 The words and expressions beginning with or in capital letters used in this TOR and not
defined herein but defined in the Agreement shall have, unless repugnant to the context,
the meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be references to the Articles, Clauses and
Schedules of the Agreement, and references to Paragraphs shall be deemed to be
references to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall
apply, mutatis mutandis, to this TOR.
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viii. Determining, as required under the Agreement, the period or any extension thereof,
for performing any duty or obligation;
ix. providing all requisite data on monthly basis in Monthly Progress Report (MPR)
within a period of 7 days from the close of month, as required by Authority, for
updating the project specific website and PMIS substantially in the format prescribed
at Annexure – III.
x. Assisting the Parties in resolution of disputes as set forth in Paragraph 9; and
xi. carrying out minor design works such as design of drainage, black spot removal
design, etc as per the requirements; and
xii. Undertaking all other duties and functions in accordance with the Agreement.
3.2 The Independent Engineer shall discharge its duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and Good
Industry Practice.
4.2 The Independent Engineer shall review any modified Drawings or supporting
Documents sent to it by the Concessionaire and furnish its comments within 7 (seven)
days of receiving such Drawings or Documents.
4.3 The Independent Engineer shall review the Drawings sent to it by the Safety Consultant
in accordance with Schedule-H and furnish its comments thereon to the Authority and
the Concessionaire within 7 (seven) days of receiving such Drawings. The
Independent Engineer shall also review the Safety Report and furnish its comments
thereon to the Authority within 15 (fifteen) days of receiving such report.
4.4 The Independent Engineer shall review the detailed design, construction methodology,
quality assurance procedures and the procurement, engineering and construction time
schedule sent to it by the Concessionaire and furnish its comments with 15 (fifteen)
days of receipt thereof.
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4.5 Upon reference by the Authority, the Independent Engineer shall review and comment
on the EPC Contract or any other contract for operation and maintenance of the Project
Highway and furnish its comments within 7 (seven) days from receipt of such
reference from the Authority.
5. Construction Works
5.1 In respect of the Drawings, Documents and Safety Report received by the Independent
Engineer for its review and comments relating to the Construction Works, the
provisions of Paragraph 4 shall apply, mutatis mutandis.
5.2 The Independent Engineer shall review the monthly progress report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 7 (seven) days of receipt of such report.
5.3 The Independent Engineer shall inspect the Construction Works and the Project
Highway once every month, preferably after receipt of the monthly progress report
from the Concessionaire, but before the 20th (twentieth) day of each month in any
case, and make out a report of such inspection (the “Inspection Report”) setting forth
an overview of the status, progress, quality and safety of construction, including the
work methodology adopted, the materials used and their sources, and conformity of
Construction Works with the Scope of the Project and the Specifications and
Standards. In a separate section of the Inspection Report, the Independent Engineer
shall describe in reasonable detail the lapses, defects or deficiencies observed by it in
the construction of the Project Facilities. The Inspection Report shall also contain a
review of the maintenance of the existing lanes in conformity with the provisions of
the Agreement. The Independent Engineer shall send a copy of its Inspection Report to
the Authority and the Concessionaire within 7 (seven) days of the inspection.
5.4 The Independent Engineer may inspect the Project Highway more than once in a month
if any lapses, defects or deficiencies require such inspections.
5.5 For determining that the Construction Works conform to Specifications and Standards,
the Independent Engineer shall require the Concessionaire to carry out, or cause to be
carried out, tests on a sample basis, to be specified by the Independent Engineer in
accordance with Good Industry Practice for quality assurance. For purpose of this
Paragraph 5.5, the tests specified in the IRC Special Publication-11 (Handbook of
Quality Control for Construction of Roads and Runways) and the Specifications for
Road and Bridge Works issued by MoRTH (the “Quality Control Manuals”) or any
modification/substitution thereof shall be deemed to be tests conforming to Good
Industry Practice for quality assurance. The Independent Engineer shall issue necessary
directions to the Concessionaire for ensuring that the tests are conducted in a fair and
efficient manner and shall monitor and review the results thereof.
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5.6 The sample size of the tests to be specified by the Independent Engineer under Paragraph
5.5 shall comprise 10% (ten per cent) of the quantity or number of tests prescribed for
each category or type of tests in the Quality Control Manuals; provided that the
Independent Engineer may, for reasons to be recorded in writing, increase the aforesaid
sample size by up to 10% (ten per cent) for certain categories or types of tests.
5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/rejection
of their results shall be determined by the Independent Engineer in accordance with the
Quality Control Manuals. The tests shall be undertaken on a random sample basis and
shall be in addition to, and independent of, the tests that may be carried out by the
Concessionaire for its own quality assurance in accordance with Good Industry
Practice.
5.8 In the event that the Concessionaire carries out any remedial works for removal or
rectification of any defects or deficiencies, the Independent Engineer shall require the
Concessionaire to carry out, or cause to be carried out, tests to determine that such
remedial works have brought the Construction Works into conformity with the
Specifications and Standards, and the provisions of this Paragraph 5 shall apply to such
tests.
5.9 In the event that the Concessionaire fails to achieve any of the project milestones
specified in the Project Facilities Completion Schedule, the Independent Engineer shall
undertake a review of the progress of construction and identify potential delays, if any.
If the Independent Engineer shall determine that completion of any Project Facility is
not feasible within the time specified in the Agreement, it shall require the
Concessionaire to indicate within 15 (fifteen) days the steps proposed to be taken to
expedite progress, and the period within which completion shall be achieved. Upon
receipt of a report from the Concessionaire, the Independent Engineer shall review the
same and send its comments to the Authority and the Concessionaire forthwith.
5.10 If at any time during the Concession Period, the Independent Engineer determines that
the Concessionaire has not made adequate arrangements for the safety of workers and
Users in the zone of construction or that any work is being carried out in a manner that
threatens the safety of the workers and the Users, it shall make a recommendation to
the Authority forthwith identifying the whole or part of the Construction Works that
should be suspended for ensuring safety in respect thereof.
5.11 In the event that the Concessionaire carries out any remedial measures to secure the
safety of suspended works and Users, it may, by notice in writing, require the
Independent Engineer to inspect such works, and within 3 (three) days of receiving
such notice, the Independent Engineer shall inspect the suspended works and make a
report to the Authority forthwith recommending whether or not such suspension may
be revoked by the Authority.
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5.13 The Independent Engineer shall issue a Completion Certificate upon completion of
each Project Facility and Major Maintenance Work, if any, specified under and in
accordance with this Agreement.
5.14 Upon reference from the Authority, the Independent Engineer shall make a fair and
reasonable assessment of the costs of providing information, works and services as set
forth in Article 16 (change of scope) and certify the reasonableness of such costs for
payment by the Authority to the Concessionaire.
5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the
Maintenance Manual.
6.1 The Independent Engineer shall review the annual Maintenance Programme furnished
by the Concessionaire and send its comments thereon to the Authority and the
Concessionaire within 15 (fifteen) days of receipt of the Maintenance Programme.
6.2 The Independent Engineer shall review the monthly status report furnished by the
Concessionaire and send its comments thereon to the Authority and the Concessionaire
within 7 (seven) days of receipt of such report.
6.3.1 The Independent Engineer shall carry out visual inspection of entire highway stretch
as per the frequency defined in the following table
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BRIDGES
(a) Superstructure of bridges
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6.3.2 All elements which have daily inspection frequency shall be inspected weekly as well.
Similarly, all elements which have weekly inspection frequency shall be inspected monthly
as well.
6.3.3 Daily inspection report format and weekly inspection report format has been provided
in Annexure I and II of this documents respectively. Manpower which needs to conduct
visual inspection and mode of reporting is defined in the following table.
6.3.4 The Consultant shall also be responsible for inspection and monitoring of Wayside
Amenities, ETC (Electronic Toll Collection), ATMS (Advanced Traffic Management
System) and incident management.
6.3.5 High resolution photographs and video of the highway stretches having defects and/or
deficiencies shall be submitted along with Weekly Inspection Report and Monthly
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6.4.1 The carrying out of condition surveys will be one of the most important and crucial
field tasks under the project. The Independent Engineer shall carry out condition
surveys using equipment and following a frequency as defined under.
Key metrics of
S No Asset Equipment to be used Frequency of condition survey
1 Surface defects Network Survey At least twice a year (As per
of pavement Vehicle (NSV) survey months defined for the
state basis rainy season)
2 Roughness of Laser Profilometer At least twice a year (As per
pavement survey months defined for the
state basis rainy season)
3 Strength of Falling Weight At least once a year
pavement Reflectometer (FWD)
4 Bridges Mobile Bridge At least twice a year (As per
Inspection survey months defined for the
Unit (MBIU) state basis rainy season)
5 Road signs & Retro-reflectometer At least twice a year (As per
RoadMarkings survey months defined for the
state basis rainy season)
6 Traffic Sampling ATCC At least twice a year (As per
& survey months)
Video Recording
The first equipment-based inspection shall be conducted within 30 days of appointed dateof
the Independent Engineer. The other inspections shall be conducted before and afterthe rainy
seasons as per the schedule defined in Annexure IV, except for FWD testingwhich shall be
conducted once a year.
Calibration of equipment, wherever needed, is required to be done in presence ofCompetent
Authority. Once approval of equipment, the settings and a sample data set isprovided by
Competent Authority, network level data for entire project stretch can becollected. Month of
survey for each state has been defined in Annexure IV of thisdocument.
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• Width
• Depth
Potholes • Area
• Depth
Raveling • Indicator
• %
• Area
Rutting • Depth
• Width
Concrete Joint/ Faulting • Length
Roughness • IRI in both wheel paths
ii. The following criteria shall be met by the process of defects detection
iii. The following are the set of deliverables which should be submitted after completion of
survey as part of Monthly Progress Report
• Raw data generated from the equipment which are part of Network Survey covering the
parameters mentioned in above table. It should also include
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ii The interval at which deflection measurements are to be taken up are as per IRC:115-2014.
For flexible pavements, the sample size and the interval of the data to be collected
depends on the length of the uniform section calculated and condition of the pavement
section i.e. ‘good’, ‘fair’ and ‘poor’ for each lane, established on the pavement condition
data based on the criterion given in IRC:115-2014. For rigid pavements, the deflection
data may be collected at interiors, corners, transverse joints and longitudinal joints in the
outer lanes at intervals as specified in IRC:117-2015.
iii The following are the set of deliverables which should be submitted after completion of
inspection test as part of Monthly Progress Report
6.4.4 The Independent Engineer shall carry out the condition and structural assessment
survey of the bridges in accordance with IRC-SP; 35 with the use of Mobile Bridge
Inspection unit (MBIU) or better technology.
i. The following criteria shall be met by the process of bridge condition assessment
• Automatic folding and unfolding of platform
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ii. Detailed bridge inspection report shall be submitted as per the Inspection Proforma
provided in IRC-SP 35
ii. The following criteria shall be met by the process of road signs retro-reflection
measurement
• Measurement of retro-reflective signs shall be conducted in accordance with
ASTM E1709 and ASTM E2540
• Measurement time after pressing trigger shall be less than or equal to 1 sec
• Observation angle adjustment from 0.2 degrees to 2.0 degrees
• Entrance angle adjustment from -45 degrees to +45 degrees
• Self-contained commercially available battery
• Inbuilt data storage of at least 2,000 measurements so that data transfer
requirement is minimized while the survey is being conducted
• Interface for transferring data from device to Computer
• Built in GPS to capture GPS coordinates of road sign
• Range shall be at least 0-2000 cd/lx/m2
iii. The following are the set of deliverables which should be submitted aftercompletion of
survey as part of Monthly Progress Report
• System generated coefficient of retro-reflected luminance RA (night time retro
reflection) of all road signs
• Interpretation report covering analysis of road signs falling in different range of
RA and actions to be taken
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i. Consultant shall use ATCC systems that can meet the following accuracy levelsafter
validation/ calibration:
a) Classification of vehicles: better than 95%
b) Counting of vehicles: better than 98%
Before validation and calibration, the ATCC system shall meet the followingaccuracy levels:
a) Classification of vehicles: better than 90%
b) Counting of vehicles: better than 95%
For verification of above accuracy levels, audit of raw ATCC shall be done by theconsultant
on a sampling basis and should submit a certificate in this regard.
ii. ATCC systems such as Pneumatic Tube Detector, Inductive Detector Loop, VideoImage
Detection, and Infrared Sensor or latest technologies shall be adopted.
iii. The classified traffic volume count surveys shall be carried out for 7 days(continuous,
direction-wise)at the selected survey stations. The
vehicle classifications stemm as given in relevant IRC code may be followed. However,
thefollowing generalized classification systems suggested in view of the requirementsof
traffic demand estimates and economic analysis:
iv All results shall be presented in tabular and graphical form. The survey data shall be
analyzed to bring out the hourly and daily variations. The traffic volume count per day
shall be averaged to show a weekly average daily traffic (ADT) by vehicle type. The
annual average daily traffic (AADT) shall be worked out by applying seasonal factors.
6.5 The Independent Engineer shall carry out following inspections of ETC lanes at toll
plazas on a month basis:
(a) Infrastructure:
• Availability of civil infrastructure at toll plazas required for installation of ETC
Systems
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•
Adequacy of hardware, software and other related items as per IHMCL/NHAI
technical specifications and requirements
b) Operations:
• Adherence of various stakeholders (acquirer bank, system integrator, toll operator,
issuer bank etc) of the ETC system to the service level agreements
• Efficacy of the ETC system (RFID tagging, AVC, WIM etc) in terms of accuracy
and uptime
• Tracking and reporting toll plaza experience metrics such as average waiting time,
transaction times for different modes of payment (RFID, cash, smart cards, QR
codes etc) and congestion levels (eg length of queue in different lanes) across 4
different times in a day
• Robustness of dispute resolution mechanisms in place for the tag holder and toll
operators by the issuer and acquirer banks
6.6 The Independent Engineer shall prepare a Monthly Status Report in respect of its duties
and functions under this Agreement and in accordance with the format prescribed in
Annexure III. 1st deliverable of the report which is an executive summary to the main
report (Section 1) shall be submitted to the Authority and updated on the PMIS and
project specific website by 4th of every month. Main report(Section 2 onwards) shall
be submitted to the Authority and updated on the PMIS and project specific website
by 7th of every month. Key sections of the Monthly Status Report are as follows.
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6.7 The Independent Engineer shall in its O&M Inspection Report specify the tests, if any,
that the Concessionaire shall carry out or cause to be carried out for the purpose of
determining that the Project Highway is in conformity with the Maintenance
Requirements. It shall monitor and review the results of such tests and the remedial
measures, if any, taken by the Concessionaire in this behalf.
6.8 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-K, the
Independent Engineer shall, in conformity with Good Industry Practice, specify the
permissible limit of deviation or deterioration with reference to the Specifications and
Standards and shall also specify the time limit for repair or rectification of any deviation
or deterioration beyond the permissible limit.
6.9 The Independent Engineer shall determine if any delay has occurred in completion
ofrepair or remedial works in accordance with the Agreement, and shall also determine
the Damages, if any payable by the Concessionaire to the Authority for such delay.
6.10 The Independent Engineer shall examine the request of the Concessionaire for closure of
any lane(s) of the carriageway for undertaking maintenance/repair thereofkeeping in
view the need to minimize disruption in traffic and the time required for completing
such maintenance/repair in accordance with Good Industry Practice. Itshall grant
permission with such modifications, as it may deem necessary, within 3(three) days of
receiving a request from the Concessionaire. Upon expiry of thepermitted period of
closure, the Independent Engineer shall monitor the re-opening of such lane(s), and in
case of delay, determine the Damages payable by theConcessionaire to the Authority
under Clause 17.7.
6.11 The Independent Engineer shall monitor and review the curing of defects and
deficiencies by the Concessionaire as set forth in Clause 19.4.
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6.12 In the event that the Concessionaire notifies the Independent Engineer of any
modifications that it proposes to make to the Project Highway, the Independent
Engineer shall review the same and send its comments to the Authority and the
Concessionaire within 15 (fifteen) days of receiving the proposal.
6.13 On requirement, the Independent Engineer shall carry out minor design works such as
design of drainage, black spot removal design, etc6.14 The Independent Engineer
shall undertake traffic sampling, as and when required by the Authority, under and in
accordance with relevant clauses of concession agreement/ contract.
7. Termination
7.1 At any time, not earlier than 90 (ninety) days prior to Termination but not later than15
(fifteen) days prior to such Termination, the Independent Engineer shall, in the presence
of a representative of the Concessionaire, inspect the Project Highway for determining
compliance by the Concessionaire with the Divestment Requirements set forth in Clause
30.1 and, if required, cause tests to be carried out at the Concessionaire’s cost for
determining such compliance. If the Independent Engineer determines that the status of
the Project Highway is such that its repair and rectification would require a larger amount
than the sum set forth in Clause 39.2, it shall recommend retention of the required
amount in the Escrow Account and the period of retention thereof.
7.2 The Independent Engineer shall inspect the Project Highway once in every
15(fifteen)days during a period of 90 (ninety) days after Termination for determining
the liability of the Concessionaire in respect of the defects or deficiencies. If any such
defect or deficiency is found by the Independent Engineer, it shall make a report in
reasonable detail and send it forthwith to the Authority and the Concessionaire.
8.2 The Independent Engineer shall determine the period, or any extension thereof, that is
required to be determined by it under the Agreement
9.1 When called upon by either Party in the event of any Dispute, the Independent Engineer
shall mediate and assist the Parties in arriving at an amicable settlement.
9.2 In the event of any disagreement between the Parties regarding the meaning, scope and
nature of Good Industry Practice as set forth in any provision of the Agreement, the
Independent Engineer shall specify such meaning, scope and nature by issuing a
reasoned written statement relying on good industry practice and authentic literature.
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10.1 The Independent Engineer shall perform all other duties and functions specified in the
Agreement.
11. Miscellaneous
11.1 All key personnel and sub professional staff of the Independent Engineer shall use the
fingerprint based (biometric) attendance system for marking their daily attendance.
Biometric Attendance shall be marked at office time b/w 9:30 AM to 10:00 AM and
shall be closed after 6:00 PM. 1 Biometric Attendance System shall be installed by the
Independent Engineer at its own cost at the site office in order to facilitate the
attendance marking. More systems can be installed near the project highway up to a
maximum of 1 system per 50 km in order to encourage frequent visits of project
highway by key personnel and sub professional staff. A copy of monthly attendance
records shall be attached with Monthly Status Report. Proper justification shall be
provided for cases of absence of key personnel/ sub professional staff which do not
have prior approval from Project Director of concerned stretch.
11.2 The Independent Engineer shall notify its programme of inspection to the Authority
and to the Concessionaire, who may, in their discretion, depute their respective
representatives to be present during the inspection.
11.3 A copy of all communications, comments, instructions, Drawings or Documents sent
by Independent Engineer to the Concessionaire pursuant to this TOR, and a copy of
all the test results with comments of the Independent Engineer thereon shall be
furnished by the Independent Engineer to the Authority forthwith.
11.4 The Independent Engineer shall obtain, and the Concessionaire shall furnish in two
copies thereof, all communications and reports required to be submitted under this
Agreement by the Concessionaire to the Independent Engineer, whereupon the
Independent Engineer shall send one of the copies to the Authority along with its
comments thereon.
11.5 The Independent Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as-built’ Drawings and keep in its safe custody.
11.6 Upon completion of its assignment hereunder, the Independent Engineer shall duly
classify and list all Drawings, Documents, results of tests and other relevant records,
and hand them over to the Authority or such other person as the Authority may
specify and obtain written receipt thereof. Two copies of the said documents shall also
be furnished in micro film form or in such other medium as may be acceptable to the
Authority.
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Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF INDEPENDENT ENGINEERS
(A) Key Personnel (Professional Staff) Man Month
1 Team Leader cum Highway Engineer 1x30
2 Highway Maintenance cum Resident Engineer 1x60
3 Road Safety Expert 1x30
4 Bridge/Structural Engineer 1x20
Sub – Total 140
Sub-professional
1 Highway Operational Unit Officer (HOU) 2x60
2 Assistant Quality cum Material Expert 1x12
3 Assistant Highway Maintenance Engineer 2x60
4 CAD Expert 1x20
5 Electrical Engineer 1x10
6 Horticulture Expert 1x30
7 Quantity Surveyor 1x10
8 HTMS/Toll Expert 2x20
9 IT Expert 2x60
Sub- Total 482
Note:
1. The Team Leader may not be required every day as they handle assignments on
other projects also running concurrently. However, their presence would be required
at least for a week every month as decided/intimated by NHAI. The man-months for
the Team Leader have been indicated accordingly. However, the above man-month
of Team Leader can be increased as per the site requirement of project with mutual
consent. The presence of at least for a week every month may also be increased
suitably as per the requirement of project with mutual consent accordingly at the
same rate terms & condition.
2. The Contract Specialist and Financial Analyst may be required for the project for
specific needs. Their deployment shall be arranged by the consultant on specific
requisition from and decision of Authority (NHAI) will be binding on the consultant.
The Authority and the payment shall be made as per the actual deployment. The
Contract Specialist and Financial Analyst shall be paid at the average of the rates
quoted for Key Personnel listed at Sl. No. 2, 3 & 4 above.
3. The qualification and experience of Sub Professional staff would not be accounted in
the evaluation. However, Consultant shall have to get their CVs approved from NHAI
before mobilization. The other inputs like support staff shall also be provided by the
Consultant of an acceptable type commensurating with the roles and responsibilities
of each position.
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Enclosure B
MINIMUM QUALIFICATION OF
This is the senior most position and the expert engaged as the team leader shall be
responsible for reviewing the entire Project implementation activities of the
Concessionaire. He shall check all the Designs being prepared by the Concessionaire,
ensure execution of works on site as per specification and standards, and continuously
interact with the NHAI and the Concessionaire. He shall review and suggest modifications
to the Maintenance Manual, Annual Maintenance Programme of the Concessionaire.
Review of emergency response arrangements needs special attention. He shall undertake
Project site visits and shall guide, supervise, coordinate and monitor the work of other
experts in his team as well as those of the Concessionaire. The candidate is required to be
a Highway Engineer, who should have a proven record of supervising, organizing and
managing of Project preparation w.r.t construction/maintenance of highway projects as
defined below, financed by international lending agencies and others.
1. Essential Qualifications.
2. Preferential Qualifications.
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(2) Only those projects will be considered for evaluation where the input of the personnel
is 9 months or more.
HIGHWAY MAINTENANCE cum RESIDENT ENGINEER
1. Essential Qualifications.
2. Preferential Qualifications.
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The Bridge Engineer shall be responsible for supervising the works of existing or
proposed bridges, interchanges and any other structure related to the Project Highway. He
shall undertake structure condition survey once in a year and submit an exclusive report
on repair and rehabilitation requirements of bridges/ structures. He shall also inspect the
bridge rehabilitation and repair works which are required to be undertaken by the
Concessionaire. He shall review and suggest modifications to the maintenance manual /
programme relating to his duties.
1. Essential Qualifications.
iv. At least one project should involve work of 4/6 laning/expressways or similar project.
2. Preferential Qualifications.
ii. On behalf of Contractor: Bridge Engineer/ Bridge Design Engineer/ Structural Engineer
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The Road Safety Expert shall review all the safety measures taken by the Concessionaire
during the concession period at site. Conformity to the safety requirement as per detailed
contract requirement shall also be checked and approved. This shall cover all the
temporary/permanent structures, handling of equipment, safety of workers/road users and
generating awareness /training of site staff of concessionaire. He shall also look in to the
causes of various accidents and review other insurance coverage taken by the
Concessionaire. He shall undertake, supervise safety audit/ inspection once in every quarter
and furnish a detailed report. He shall review emergency response arrangement, accident
data, formats, safety provisions in O&M activities etc., as proposed by the Concessionaire.
Shall be responsible for the overall road safety aspect of the project. He shall ensure that
safety provisions as per relevant codes are strictly followed at site during construction of
road and also during the maintenance period.
1. Essential Qualifications.
i. Graduate in Civil Engineering from a recognized University.
ii.Professional Experience of 10 years in handling highway projects.
iii. Minimum 5yearsexperience in Road Safety works of Major Highway Projects (4 /
6laning projects)
iv. Experience in similar capacity in Road Safety Audit of at least 2 nos.2/4/6 lane** highway
/ expressway project including 1 nos. at design stage.
v. Experience in similar capacity in the field of Road Safety Management Plan.
vi. It is mandatory for the road safety expert to have completed at least 15 days certification
course on Road Safety Audit from IAHE/IITs/NITs/CRRI. The CV of the proposed key
personnel not having completed minimum 15 days certification course shall not be
evaluated. For avoidance of doubt, it is clarified herein that the certification training course
may be either from a single institution or from multiple institutions.
2. Preferential Qualifications
i. Post Graduate Degree in Traffic/Transportation/Safety Engineering.
ii. Preparation of Road Safety Management Plan for inter urban Highways in PPP
mode. Note- Similar Capacity includes the following positions
i. On behalf of Consultant: Road Safety Expert (Construction Supervision/IE)
ii. On behalf of Contractor: Road safety Expert (Construction/Construction Supervision)
iii. In Government Organizations: Executive Engineer (or equivalent)and above
In case of experience on behalf of Consultant or Contractor, the experience shall be duly
endorsed by the respective Government agency. In case of non-availability of
endorsementfrom Govt. Agency, the experience uploaded on Infracon Portal will be
takeninto consideration. However, the key personnel/ bidder will be solely responsible
for any fake information/ CV, which may result in debarment.
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FINANCIAL EXPERT
The financial expert shall assist the team in reviewing and reporting to NHAI financial
impactof any changes in scope of work, project completion schedule or other changes that
have financial implication. He shall review tolling contract and other financial aspects of
the submissions. Assisting in resolving disputes between NHAI & Concessionaire on
finance related issues. Assist in toll setting & toll revision as per the concession
agreement.
1. Essential Qualifications.
1. The Candidate shall have MBA (Finance)/ Chartered Accountant.
2. He should have 08 to 10 years of experience as a financial advisor particularly in the
field of project financing.
2. Preferential Qualifications
The Contract Specialist shall be deployed for obtaining his expert opinion on emerging
contractual issues. His key responsibilities will be to guide & assist IE/Employer in all
aspects of contract management in proper implementation of contract provisions. He will
also be required to offer his advice on contractual complications arising during the
implementation as per the request of the employer. He will be responsible for giving
appropriate suggestions in handling claims of the Concessionaire and any dispute arising
thereof.
1.Essential Qualifications.
a. Graduate in Civil Engineering from a recognized University.
b. Professional Experience of 15 years in handling Highway Projects
c. Experience of at least 04 years as Contract Specialist on any National/State Highway
Project.
d. Experience of at least 02 similar nature work as contract specialist.
e. Handled Arbitration cases in respect of any Highway Project.
f. Not more than 65 years of age.
2. Preferential Qualifications
(a) Degree in Law / PG in management /Certificate Course in management / Certificate
course in construction management / Certificate course in Contract management would
be desirable.
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SUB PROFESSIONAL
SURVEY ENGINEER
The Candidate should be either Graduate in Civil Engineering with 3 years’ experience in
highways or Diploma in Civil Engineering with 7 years’ experience in highways. He should
have handled at least one highway project of similar nature.
CAD EXPERT
He should be a Graduate in Civil Engineering with adequate computer training or graduate
in Computer Science having experience in computer aided design methods in highway
engineering. The incumbent should have 3 years’ experience and should have handled at
leastone highway project of similar nature.
ELECTRICAL ENGINEER
The Candidate should be a Graduate in Electrical Engineering. He should have at least 6
years professional experience.
HORTICULTURE EXPERT
The Candidate should be a Graduate in Agriculture Science with specialization in
Horticulture/Arboriculture. He should have at least 6 years professional experience.
HTMS/Toll Expert
The Candidate should be a systems Engineer having experience of at least 10 years. He should
an expert in preparation of standards for systems of toll collection and HTMS. He should bea
graduate in Electronics/Computer Science or equivalent. He should have experience of
international latest technology/system in the field of HTMS and tolling. He should have work
experience of at least one in establishing HTMS and one in tolling systems.
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QUANTITY SURVEYOR
He should be Graduate or equivalent in Civil Engineering having Min. 5 years of
professional experience in preparation of highway project estimates. He should have Min. 3
years’ experience in Preparation of Bill of Quantities/estimates for major highway projects
costing Rs.100 Crore or above.
IT EXPERT:
He should have Bachelor’sDegree in Computer Science / Computer Engineering/IT
Electronic& Communications/Electronics & Instrumentation/ MCA. He should have
minimum 05 years ofexperience in IT system Integration/Project Management of IT
operation out of which at least2 years in Toll Management Systems.
HOU Officer
as per Circular NHAI/HO/31/2017/05/37 dated 10.01.2018 copy enclosed herewith to
be followed.
Note:Upto 1 sub-professional can be a fresh graduate (zero/ less than minimum required
work experience) with first class in graduation stream. Eligibility requirement in terms of
minimum years of experience shall not be applicable for this sub professional.
Annexure I- Daily Inspection Report
Nature of defect/ deficiency Defect If defect Compliance of IE
found found, previous Remarks
(Yes/No) Chainage& defect
side
(Yes/No/NA)
ROADS
Carriageway and paved shoulders
Breach or blockade
Pot holes
Removal of debris
Hard/earth shoulders, side slopes, drains and culverts
Desalting of drains inurbane/semi-
urban areas
Road side furniture including road signs and pavement marking
Damage to shape or position; poor
visibility or loss of retro reflectivity
Street lighting and telecom (ATMS)
Any major failure of the system
Faults and minor failures
Trees and Plantation
Obstruction in a minimum headroom
of 5 m above carriageway or
obstruction in visibility of road signs
Rest areas
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Defects in electrical, water and sanitary
National Highways Authority of India RFP for IE during O&M Period
installations
Toll plaza[s]
Failure of toll collection
Equipmentincluding ETC or lighting
Other Project Facilities and Approach roads
Damage or deterioration in Approach
Roads -[pedestrian facilities, truck lay-
bys, bus-bays, bus- shelters,
cattlecrossings, Traffic Aid
Posts, Medical Aid Posts and other
works]
ROADS
(a) Carriageway and paved shoulders
(i) Breach or blockade
(ii) Roughness value
exceeding2,500 mm in a stretch
of 1km (as measured by a
standardized rough meter/bump
integrator)
(iii) Pot holes
(iv) Cracking in more than 5% of
road surface in a stretch of1 km
(v) Rutting exceeding 10 mm in
more than 2% of road surface in
a stretch of 1 km(measured with
3 m straight edge)
(vi) Bleeding/skidding
(vii) Raveling/Stripping of bitumen
surface exceeding10 sq m
(viii) Damage to pavement edges
exceeding 10 cm
(ix) Removal of debris
b Hard/earth shoulders, side slopes, drains and culverts
(i) Variation by more than 2% in
the prescribed slope
of camber/cross fall
(ii) Edge drop at shoulders exceeding
40 mm
(iii) Variation by more than 15%in
the prescribed
side(embankment) slopes
(iv) Rain cuts/gullies in slope
(v) Damage to or silting of culverts
and side drains during and
immediately preceding the rainy
season
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Independent Engineer
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Contents
1. Executive Summary ..............................................................................................................
1.1. Overall road condition.....................................................................................................
1.2. Key reporting metrics .....................................................................................................
1.3. Key maintenance activities undertaken ............................................................................
1.4. Pending issues ...............................................................................................................
1.5. Recommended actions by Independent Engineer ..............................................................
1.6. Strip Plan for maintenance ..............................................................................................
2. Project Overview ..................................................................................................................
2.1. Key project details .........................................................................................................
2.2. Location Map .................................................................................................................
2.3. Key plan .......................................................................................................................
2.4. RoWavailability .............................................................................................................
2.5. Summary of project features ...........................................................................................
3. Critical Issues and Action taken ............................................................................................
3.1. Issue and action log .......................................................................................................
3.2. Summary of items (Cumulative Observations/ Deficiencies) ..............................................
3.3. Obligations as per contract ............................................................................................
3.4. Major maintenance and Inspection schedule ...................................................................
4. Inspection Report .................................................................................................................
4.1. Summary of NCR issued ................................................................................................
4.2. Equipment based inspection report .................................................................................
5. Monitoring of ETC lanes ........................................................................................................
5.1. Monthly ETC Report .......................................................................................................
5.2. On-ground infrastructure report .....................................................................................
5.3. On-ground ETC operations and SLA adherence .................................................................
6. Status of Damages for breach of maintenance activities ..........................................................
6.1. Damages for non completion of project facilities ..............................................................
6.2. Damages for breach of maintenance activities .................................................................
6.3. Damages for non completion of major maintenance/ periodic overlay ................................
7. Change of Scope proposals ...................................................................................................
8. Status of pending disputes ....................................................................................................
9. Reports ................................................................................................................................
9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled) .................... .
9.2 Accident Report .........................................................................................................
9.3 Details of complaints ..................................................................................................
9.4 Encroachment list ......................................................................................................
9.5 Lane Closure Report ....................................................................................................
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1. Executive Summary
1.3. Key maintenance activities undertaken All figures and graphs in templates are
illustrative. Please add actual details
Asset Maintenance activities undertaken
Pavement
Shoulder
Drainage
Median
Road furniture
Bridges
Buildings
Horticulture
3
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Main report
2. Project Overview
2.1. Key project details
Project Name
NH no (New/Old)
Mode of the Project
No. of Lanes
Length of the Project
Total Project Cost
Concessionaire/ Contractor
Date of Award (LOA date)
Appointed Date
Commercial Operation Date (PCOD)
Concession Period
O&M Period
Independent Engineer
IE Agreement Date
IE Mobilization Date
IE Scheduled Completion Date
IE EOT (Extension Of Time)
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S.No Highway asset Total NCR issued till NCR issued in NCR closed inreporting Balance NCR
previous month (A) reporting month(B) month(C) (A+B-C)
1 Pavement
2 Shoulder
3 Drainage
4 Median
5 Road furniture
6 Bridges
7 Buildings
8 Horticulture
9 [Other assets]
Total
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Ravelin g (cm)
Skid Resistance
Elastic Modulus
Elastic Modulus
Potholes (cm)
Bleeding (cm)
Bituminous E1
Rutting depth
Lane number
Texture depth
(International
Cracks (cm)
Granular E2
Roughness
Chainage
Chainage
Elastic Mod
Starting
Ending
Grade E3
Index)
(mm)
(mm)
(Km)
ulus Sub
IRI
0.000
0.500
1.000
Report
of equipment based inspection needs be provided as an Annexure to monthly report as per the defined frequency. Following
documents/media to be submitted for equipment based inspection.
• Video footage of all cameras installed on Network Survey Vehicle- ROW cameras and pavement camera
• Network Survey Vehicle report capturing dimensions of following key metrics of pavement
o Cracks
o Potholes
o Raveling
o Bleeding
o Rutting
o Texture depth
o Skid resistance
o Roughness (IRI)
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• Falling Weight Deflectometer (FWD) report capturing following key metrics of pavement strength
o Deflection Bowl (Transient Deflections at seven different points)
o Corrected Elastic Modulus Bituminous E1
o Corrected Elastic Modulus Granular E2
o Corrected Elastic Modulus Subgrade E3
o Subgrade CBR
o Bituminous layer coefficient A1
o Base layer coefficient A2
o Granular base layer coefficient A3
o Modified structural number
• Mobile Bridge Inspection Report (MBIU) capturing following key metrics of bridges
o Condition Approach
o Condition Signs
o Condition Debris
o Condition Joint
o Condition Deck
o Condition Rails
o Condition Protect
o Condition Stream
o Condition Superstructure
o Condition Piers
o Condition Abutment
• ATCC report capturing ADT, AADT, hourly and weekly variations and recommendation on capacity augmentation
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Damages as
Damages at
higher side
No of days
No of days
Inspection
as per CA
estimated
Nature of
Damages
Damages
Damages
Repairas
Quantity
amount
Date of
per CA
Cost of
Defect
From
Total
SNo
Rate
Unit
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S.No Proposal Details Date of first Current status COS Amount Expected/ Actual
submission to IE date of approval
1 Construction of [DD/MM/YYYY] Approved in principle by Authority. [+/- Amount] [DD/MM/YYYY]
[Flyover Name] Detailed quantities in proper order
at [Chainage] yet to be submitted
2 Nallah diversion [DD/MM/YYYY] Clarifications to be submitted by [+/- Amount] [DD/MM/YYYY]
through boxculvert Concessionaire, expected date
at [Chainage] [DD/MM/YYYY]
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9. Reports
9.1. Monthly Toll Collection Report (Applicable only if project highway is tolled)
For Corresponding month
of previous year For Previous Month For Current Month
TYPE OF VEHICLE No of No of Fee per No of
Fee Fee Fee
vehicles Collected vehicles Collected Vehicle Vehicles Collected
A Car Single
Return
Local
B LCV Single
Return
Local
C Bus Single
Return
Local
D Truck Single
Return
Local
E 3 Axle Single
Return
Local
F MAV Single
Return
Local
G Over Size Single
Return
Local
Total for the Month
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Load conditions of
Sex (M/F)
Weather condition
Nature of accident
Classification of
Intersection type of
Accident location
Road condition
Type of vehicle
Type of victim
SNo
Age of victim
Date
Accident
Vehicle
Control
Causes
Minor
Major
Fatal
Mapping of report fields to responses
A 1. Urban 2. Rural
B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision 6. Left turn Collision 7.
Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away
C 1. Fatal 2. Major injury 3. Minor injury
D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem 6.
Drowsiness/Not Applicable 7. Fault of Driver
E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown
F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip
G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6. Round about Junction
H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold 9. Hot
I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years
J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others
K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor 8. Bicycle 9. Cycle Rickshaw
10. HandDrawn Cart 11. Animal Drawn Cart
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S.No Toll Complaint Date Name of the Contactdetailsofperson Details of Compliance by the
Plaza No person complaint concessionaire
stall,Temple, etc)
type(Temporary/
widthand length
(New/existing)
Encroachment
Encroachment
Side (LHS/RHS)
Category (Tea
Distance from
Establishment
District/Tehsil
Chainage(km)
roadedge (m)
Permanent)
Encroacher
Name of
Village
Stretch
SNo
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10. Annexures
Assets to be covered- Pavement, Shoulder, Drainage, Median, Bridges, Road furniture, Buildings, Horticulture, Service Road
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(vi) Bleeding/skidding
(vii) Ravelling/Stripping of bitumen surface
exceeding 10 sq m
(viii) Damage to pavement edges exceeding 10Cm
(ix) Removal of debris
(b) Hard/earth shoulders, side slopes, drains and culverts
(i) Variation by more than 2% in the prescribed
slope of camber/cross fall
(ii) Edge drop at shoulders exceeding 40 mm
(iii) Variation by more than 15% in the prescribed
side (embankment) slopes
(iv) Rain cuts/gullies in slope
(v) Damage to or silting of culverts and side
drains during and immediately preceding the
rainy season
(vi) Desilting of drains in urban/semi-urban Areas
(c) Road side furniture including road signs and pavement marking
(i) Damage to shape or position; poor visibility or
loss of retro-reflectivity
(d) Street lighting and telecom (ATMS)
(i) Any major failure of the system
(ii) Faults and minor failures
(e) Trees and plantation
(i) Obstruction in a minimum head-room of 5 m
above carriageway or obstruction in visibility
of road signs
(ii) Deterioration in health of trees and bushes
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BRIDGES
(a) Superstructure of bridges
(i) Cracks
(ii) Spalling/scaling
(b) Foundations of bridges
(i) Scouring and/or cavitation
(c) Piers, abutments, return walls and wing walls of bridges
Cracks and damages including settlement and
(i)
tilting
(d) Bearings (metallic) of bridges
(i) Deformation
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Annexure 2 onwards:
IE should include comments, status update, data points and reports in following annexures which have not been included elsewhere in
the main report. Such reports may include but not limited to:
• Minutes of review meeting
• Correspondence details
• Weather report
• Organizational chart of Concessionaire and IE
• Projectphotographs
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Annexure IV- Month of survey for equipment based road condition assessment
Equipment based road inspection shall be done by the Consultant twice a year as per the
month of the year defined in the following table.
However, since the first survey shall be conducted within 30 days of appointment of the
Independent Engineer, the following modification to the schedule shall be adopted. For
example, if majority of highway length (>50%) passes through a state, where defined survey
months are May and November, if appointed date is on 1stMarch, then the first equipment
based survey shall be conducted in the month of March within 30 days of appointment and
this shall be considered as the equipment based survey to be conducted in the month of May.
The 2ndequipment based survey shall be conducted in the month of November, the 3rd
survey shall be conducted in the month of May and so on. As regards FWD, the first
test/survey shall be conducted in the month of March within 30 days of appointment. The 2nd
test/survey shall be conducted in March of next year and so on.
Survey before
Region State Survey after rains
rains
East Bihar May Nov
East Chhattisgarh May Nov
East Jharkhand May Nov
East Orissa May Nov
East West Bengal May Nov
Central Madhya Pradesh May Nov
NE Arunachal Pradesh Mar Oct
NE Assam Mar Oct
NE Manipur Mar Oct
NE Meghalaya Mar Oct
NE Mizoram Mar Oct
NE Nagaland Mar Oct
NE Sikkim Mar Oct
NE Tripura Mar Oct
North Chandigarh May Nov
North Delhi May Nov
North Haryana May Nov
North Himachal May Nov
North Jammu And Kashmir May Nov
North Punjab May Nov
North Uttar Pradesh May Nov
North Uttaranchal May Nov
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[PROJECT NAME]
Independent Engineer
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Table of contents
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Road inventory data consists of parameters which provide basic information aboutroads such
as pavement type, number of lanes, topography, etc. These parametersare largely static in
nature, and therefore a survey to update this dataset shall beconducted only once within 30
days of appointed date of the Independent Engineer.The road inventory data shall be used to
update specific worksheets listed below.
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The following table lists the fields which need to be populated for the ‘PavementType’
attribute. The descriptions of the fields are given below.
ABC-
NH0xxx 0.794 1.000 Both Asphalt 15/02/2018 9.98444 78.02934
DEF
ABC-
NH0xxx 1.000 2.810 Both Asphalt 15/02/2018 9.98341 78.03004
DEF
ABC-
NH0xxx 2.810 4.335 Both Asphalt 15/02/2018 9.98341 78.03078
DEF
ABC-
NH0xxx 4.335 6.666 Both Asphalt 15/02/2018 9.96328 78.04160
DEF
ABC-
NH0xxx 6.666 12.906 Both Asphalt 15/02/2018 9.95385 78.05255
DEF
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ABC-
NH0xxx 0.000 0.794 Both 7 – 10.5 m 7.00 15/02/2018 9.98897 78.02671
DEF
ABC-
NH0xxx 0.794 1.000 Both 7 – 10.5 m 7.00 15/02/2018 9.98444 78.02934
DEF
ABC-
NH0xxx 1.000 2.810 Both 7 – 10.5 m 7.00 15/02/2018 9.98341 78.03004
DEF
ABC-
NH0xxx 2.810 4.335 Both 7 – 10.5 m 7.00 15/02/2018 9.98341 78.03078
DEF
ABC-
NH0xxx 4.335 6.666 Both 7 – 10.5 m 7.00 15/02/2018 9.96328 78.04160
DEF
ABC-
NH0xxx 6.666 12.906 Both 7 – 10.5 m 7.00 15/02/2018 9.95385 78.05255
DEF
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ABC-
NH0xxx 1.000 2.810 Increasing Gravel 15/02/2018 9.98341 78.03004
DEF
ABC-
NH0xxx 2.810 4.335 Increasing Gravel 15/02/2018 9.98341 78.03078
DEF
ABC-
NH0xxx 4.335 6.666 Increasing Gravel 15/02/2018 9.96328 78.04160
DEF
ABC-
NH0xxx 6.666 12.906 Increasing Gravel 15/02/2018 9.95385 78.05255
DEF
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The following table lists the fields for the ‘Shoulder Width’ attribute, which need to be
populated. The descriptions of the fields are given below.
ABC- No
NH0xxx 0.794 1.000 Increasing 0.0 15/02/2018 9.98444 78.02934
DEF Shoulder
ABC-
NH0xxx 1.000 2.810 Increasing 1-2 m 2.0 15/02/2018 9.98341 78.03004
DEF
ABC-
NH0xxx 2.810 4.335 Increasing 1-2 m 2.0 15/02/2018 9.98341 78.03078
DEF
ABC-
NH0xxx 4.335 6.666 Increasing 1-2 m 2.0 15/02/2018 9.96328 78.04160
DEF
ABC-
NH0xxx 6.666 12.906 Increasing 1-2 m 2.0 15/02/2018 9.95385 78.05255
DEF
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1.8 Topography
The following table lists the fields which need to be populated for the ‘Topography’attribute.
The descriptions of the fields are given below.
The following table lists the fields which need to be populated for the ‘Cross Section’
attribute. The descriptions of the fields are given below.
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The following table lists the fields which need to be populated for the ‘Drain Type’attribute.
The descriptions of the fields are given below.
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The following table lists the fields which need to be populated for the ‘MedianOpening’
attribute. The descriptions of the fields are given below.
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The following table lists the fields which need to be populated for the ‘Right of
Way’attribute. The descriptions of the fields are given below.
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PavementType
BaseThickness
StartChainAge
SurfaceCourse
SurfaceCourse
EndChainAge
Construction
Construction
SectionCode
BaseCourse
BaseCourse
Bituminous
Bituminous
Bituminous
Bituminous
Thickness
Thickness
BaseType
Direction
Granular
Granular
NH No.
Type
Type
Year
Year
BBC
BSC
ABC- Both
NH0xxx 0.0 5.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
DEF Side
ABC- Both
NH0xxx 5.0 11.0 Asphalt BC 40.0 2015 DBM 80 2015 WMM 250
DEF Side
ABC- Both
NH0xxx 11.0 20.0 Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250
DEF Side
ABC- Both
NH0xxx 20.0 22.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
DEF Side
ABC- Both
NH0xxx 22.0 30.0 Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250
DEF Side
ABC- Both
NH0xxx 30.0 31.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250
DEF Side
(Table Continued)
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PavementQualityConcrete
ConcreteThickness
Dry LeanConcrete
Dry LeanConcrete
GranularSub Base
GranularSub Base
DLCConstruction
PQCConstruction
PavementQuality
GSBConstruct
Construction
DesignCBR
SurveyDate
Longitude
Thickness
Thickness
ion Year
Latitude
Type
Type
Type
Year
Year
Year
GB
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The following table lists the fields which need to be populated for the ‘CarriagewayFurniture’
attribute. The descriptions of the fields are given below.
Street
NH0xxx ABC-DEF 0.287 Increasing 03-01-16 9.98444 78.02934
Light Start
NH0xxx ABC-DEF 2.491 Decreasing Road Sign 03-01-16 9.98341 78.03004
NH0xxx ABC-DEF 2.708 Decreasing Road Sign 03-01-16 9.98341 78.03078
NH0xxx ABC-DEF 3.496 Increasing Road Sign 03-01-16 9.96328 78.04160
NH0xxx ABC-DEF 5.160 Increasing Road Sign 03-01-16 9.95385 78.05255
NH0xxx ABC-DEF 5.356 Decreasing Road Sign 03-01-16 9.93102 78.05648
NH0xxx ABC-DEF 8.402 Decreasing Road Sign 03-01-16 9.91229 78.04961
10.966
NH0xxx ABC-DEF Decreasing Road Sign 03-01-16 9.89041 78.03458
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The following table lists the fields which need to be populated for the ‘WaysideAmenities’
attribute. The descriptions of the fields are given below.
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The following table lists the fields which need to be populated for the ‘Land Use’attribute.
The descriptions of the fields are given below.
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ABC-
NH0xxx 4.500 5.000 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 5.000 5.500 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 5.500 6.000 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 6.000 6.500 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 6.500 7.000 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 7.000 7.500 Increasing L1 5 5 5 5
DEF
ABC-
NH0xxx 7.500 8.000 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 8.000 8.500 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 8.500 9.000 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 9.000 9.500 Increasing L1 5 5 4 5
DEF
ABC-
NH0xxx 9.500 10.000 Increasing L1 5 5 3 5
DEF
(Table continued)
Disintegration Depression Bleeding Patching Drain Shoulder Date of Latitude Longitude
Condition Condition Survey
4 4 4 4 2 2 06-05-17 9.98897 78.02671
4 4 4 4 2 2 06-05-17 9.98444 78.02934
5 5 5 4 2 2 06-05-17 9.98341 78.03004
5 5 5 5 2 2 06-05-17 9.98341 78.03078
5 5 5 5 2 2 06-05-17 9.96328 78.04160
5 5 5 5 2 2 06-05-17 9.95385 78.05255
5 5 5 5 2 2 06-05-17 9.93102 78.05648
4 4 4 4 2 2 06-05-17 9.91229 78.04961
4 4 4 4 2 2 06-05-17 9.89041 78.03458
5 5 5 5 2 2 06-05-17 9.88489 78.02995
5 5 5 5 2 2 06-05-17 9.87474 78.02828
5 5 5 5 2 2 06-05-17 9.87363 78.02744
5 5 5 5 2 2 06-05-17 9.84857 78.01535
5 5 5 5 2 2 06-05-17 9.83764 78.00392
5 5 5 5 2 2 06-05-17 9.83711 77.98576
5 5 5 5 2 2 06-05-17 9.83386 77.97729
5 5 5 5 2 2 06-05-17 9.81804 77.97875
5 5 5 5 2 2 06-05-17 9.77426 77.98129
5 4 4 4 2 2 06-05-17 9.73071 77.97999
5 5 5 3 2 2 06-05-17 9.68686 77.97017
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2.2 Roughness
The following table lists the fields which need to be populated for the ‘Roughness’attribute.
The descriptions of the fields are given below.
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NH Number Section Start Ending Direction Lane LwpIri RwpIri LaneIri Speed Survey date Latitude Longitude
Code Chainage Chainage Number
NH0xxx ABC-DEF 0.0 0.1 Increasing L1 3.31 5.16 4.24 20 06-05-17 9.98897 78.02671
NH0xxx ABC-DEF 0.1 0.2 Increasing L1 2.81 3.54 3.18 37 06-05-17 9.98444 78.02934
NH0xxx ABC-DEF 0.2 0.3 Increasing L1 2.31 1.92 2.12 42 06-05-17 9.98341 78.03004
NH0xxx ABC-DEF 0.3 0.4 Increasing L1 2.17 2.37 2.27 46 06-05-17 9.98341 78.03078
NH0xxx ABC-DEF 0.4 0.5 Increasing L1 2.11 1.72 1.92 42 06-05-17 9.96328 78.04160
NH0xxx ABC-DEF 0.5 0.6 Increasing L1 2.33 1.97 2.15 49 06-05-17 9.95385 78.05255
NH0xxx ABC-DEF 0.6 0.7 Increasing L1 2.37 2.00 2.19 42 06-05-17 9.93102 78.05648
NH0xxx ABC-DEF 0.7 0.8 Increasing L1 2.15 2.17 2.16 33 06-05-17 9.91229 78.04961
NH0xxx ABC-DEF 0.8 0.9 Increasing L1 2.45 2.05 2.25 32 06-05-17 9.89041 78.03458
NH0xxx ABC-DEF 0.9 1.0 Increasing L1 2.18 2.51 2.35 48 06-05-17 9.88489 78.02995
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2.3 Rutting
The following table lists the fields which need to be populated for the ‘Rutting’attribute. The
descriptions of the fields are given below.
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NH Section Start Ending Direction Lane Rutting Rutting Rutting Speed Survey Latitude Longitude
Number Code Chainage Chainage Number Left Right Avg date
NH0xxx ABC-DEF 0.0 0.5 Increasing L1 15 14 15 20 06-05-17 9.98897 78.02671
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The following table lists the fields which need to be populated for the ‘TextureDepth’
attribute. The descriptions of the fields are given below.
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NH Section Start Ending Direction Lane Texture Texture Texture Speed Survey Latitude Longitude
Number Code Chainage Chainage Number Left Right Average date
NH0xxx ABC-DEF 0.0 0.5 Increasing L1 0.40 0.30 0.35 20 06-05-17 9.98897 78.02671
NH0xxx ABC-DEF 0.5 1.0 Increasing L1 0.60 0.50 0.55 37 06-05-17 9.98444 78.02934
NH0xxx ABC-DEF 1.0 1.5 Increasing L1 0.80 0.90 0.85 42 06-05-17 9.98341 78.03004
NH0xxx ABC-DEF 1.5 2.0 Increasing L1 0.40 0.40 0.4 46 06-05-17 9.98341 78.03078
NH0xxx ABC-DEF 2.0 2.5 Increasing L1 0.30 0.30 0.3 42 06-05-17 9.96328 78.04160
NH0xxx ABC-DEF 2.5 3.0 Increasing L1 0.70 0.60 0.65 49 06-05-17 9.95385 78.05255
NH0xxx ABC-DEF 3.0 3.5 Increasing L1 0.40 0.50 0.45 42 06-05-17 9.93102 78.05648
NH0xxx ABC-DEF 3.5 4.5 Increasing L1 0.90 0.80 0.85 33 06-05-17 9.91229 78.04961
NH0xxx ABC-DEF 4.5 5.0 Increasing L1 0.40 0.30 0.35 32 06-05-17 9.89041 78.03458
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The following table lists the fields which need to be populated for the ‘SkidResistance’
attribute. The descriptions of the fields are given below.
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NH Section Start Ending Direction Lane Skid Skid Skid Speed Survey Latitude Longitude
Number Code Chainage Chainage Number Left Right Average date
NH0xxx ABC-DEF 0.0 0.5 Increasing L1 25.0 24.0 24.5 20 06-05-17 9.98897 78.02671
NH0xxx ABC-DEF 0.5 1.0 Increasing L1 23.0 23.0 23.0 37 06-05-17 9.98444 78.02934
NH0xxx ABC-DEF 1.0 1.5 Increasing L1 23.0 24.0 23.5 42 06-05-17 9.98341 78.03004
NH0xxx ABC-DEF 1.5 2.0 Increasing L1 22.0 22.0 22.0 46 06-05-17 9.98341 78.03078
NH0xxx ABC-DEF 2.0 2.5 Increasing L1 20.0 21.0 20.5 42 06-05-17 9.96328 78.04160
NH0xxx ABC-DEF 2.5 3.0 Increasing L1 24.0 24.0 24.0 49 06-05-17 9.95385 78.05255
NH0xxx ABC-DEF 3.0 3.5 Increasing L1 28.0 28.0 28.0 42 06-05-17 9.93102 78.05648
NH0xxx ABC-DEF 3.5 4.5 Increasing L1 21.0 21.0 21.0 33 06-05-17 9.91229 78.04961
NH0xxx ABC-DEF 4.5 5.0 Increasing L1 24.0 24.5 24.5 32 06-05-17 9.89041 78.03458
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The following table lists the fields which need to be populated for the ‘FWD’attribute. The
descriptions of the fields are given below.
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NH Section Chainage Direction Lane Air Surface Peak Deflection Deflection 1 Location 1 Deflection 2
Number Code Number Temperature Temperature Load 0
NH0xxx ABC-DEF 0.500 LHS R2 32.6 43.7 45.7 333 188 300 243
NH0xxx ABC-DEF 1.000 RHS L1 29.9 32.6 45.4 317 163 300 217
NH0xxx ABC-DEF 1.500 LHS R1 33.0 39.3 45.7 246 110 300 153
NH0xxx ABC-DEF 2.000 RHS L2 28.7 32.4 46.0 293 130 300 187
NH0xxx ABC-DEF 2.500 LHS R2 33.7 45.8 45.3 429 232 300 316
NH0xxx ABC-DEF 3.000 RHS L1 29.0 33.0 45.7 343 204 300 252
NH0xxx ABC-DEF 3.500 LHS R1 33.5 45.4 44.5 373 194 300 268
NH0xxx ABC-DEF 4.000 RHS L2 28.9 33.5 45.0 348 201 300 254
NH0xxx ABC-DEF 4.500 RHS R2 33.3 40.0 46.0 393 241 300 301
(Table continued)
Location Deflection Location Deflection Location Deflection Location Deflection Location Deflection Location Deflection
2 3 3 4 4 5 5 6 6 7 7 8
600 180 900 128 1200 102 1500 75 1800 58 2100 42
600 158 900 104 1200 70 1500 48 1800 38 2100 28
600 110 900 76 1200 59 1500 44 1800 35 2100 28
600 126 900 81 1200 62 1500 44 1800 32 2100 23
600 227 900 152 1200 116 1500 86 1800 71 2100 58
600 196 900 144 1200 117 1500 85 1800 65 2100 48
600 187 900 118 1200 83 1500 47 1800 31 2100 22
600 198 900 135 1200 105 1500 64 1800 42 2100 26
600 231 900 162 1200 123 1500 82 1800 62 2100 46
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(Table continued)
Location Elastic Elastic Elastic Corrected Corrected Corrected Bituminous Base GSB Subgrade
8 Modulus Modulus Modulus Elastic Elastic Elastic Layer Layer Layer CBR
BituminousE1 GranularE2 SubGradeE3 Modulus Modulus Modulus
BituminousE1 GranularE2 SubGradeE3
2400 6213 185 100 6447 135 78 105 230 200 0.08
2400 5356 195 100 5295 143 78 105 230 200 0.08
2400 3359 396 90 3424 300 69 105 230 200 0.08
2400 4830 226 100 4770 169 78 105 230 200 0.08
2400 4570 137 97 4781 93 75 105 230 200 0.08
2400 8454 135 100 8374 91 78 105 230 200 0.08
2400 4394 165 100 4590 117 78 105 230 200 0.08
2400 7817 139 96 7762 95 74 105 230 200 0.08
2400 7666 123 95 7847 81 73 105 230 200 0.08
(Table continued)
Bituminous Layer Base Layer Granular Base Structural Modified Survey Latitude Longitude
Coefficient A1 CoefficientA2 Layer Coefficient Number Structural Date
A3 Number
0.45 0.13 0.13 3.68 4.82 06-05-17 9.98897 78.02671
0.42 0.13 0.13 3.56 4.70 06-05-17 9.98444 78.02934
0.36 0.17 0.17 3.86 4.85 06-05-17 9.98341 78.03004
0.41 0.14 0.14 3.65 4.79 06-05-17 9.98341 78.03078
0.41 0.11 0.11 3.24 4.34 06-05-17 9.96328 78.04160
0.49 0.11 0.11 3.58 4.72 06-05-17 9.95385 78.05255
0.40 0.12 0.12 3.34 4.48 06-05-17 9.93102 78.05648
0.48 0.12 0.12 3.67 4.75 06-05-17 9.91229 78.04961
0.48 0.11 0.11 3.53 4.59 06-05-17 9.89041 78.03458
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NH Section Chainage Direction Lane Air Surface Peak Deflection Deflection Deflection 3 Deflection Concrete
Number Code Number Temperature Temperature Load 1 2 4 Slab
Thickness
NH0xxx ABC-DEF 0.0 LHS L2 29.0 34.9 104.1 167 143 130 119 300
NH0xxx ABC-DEF 0.5 RHS R2 30.5 38.1 104.4 141 130 122 115 300
NH0xxx ABC-DEF 1.0 LHS L1 30.0 35.6 105.2 147 111 100 91 300
NH0xxx ABC-DEF 1.5 RHS R1 28.9 38.3 102.4 140 126 116 107 300
NH0xxx ABC-DEF 2.0 LHS L2 30.1 39.4 103.7 140 121 108 101 300
NH0xxx ABC-DEF 2.5 RHS R2 29.0 37.5 104.6 150 134 126 117 300
NH0xxx ABC-DEF 3.0 LHS L1 30.6 38.9 102.7 124 109 104 92 300
NH0xxx ABC-DEF 3.5 RHS R1 29.3 39.1 105.9 149 136 128 119 300
NH0xxx ABC-DEF 4.5 RHS R2 30.3 41.0 104.9 138 127 121 114 300
(Table continued)
Area of Radius Normalized Normalized Normalized Normalized Modulus Elastic Cube Flexural Date Latitude Longitude
Deflection of Deflection Deflection Deflection Deflection of Modulus Strength strength Of
Basin Relative d1 D2 D3 D4 Subgrade of of of Testing
Stiffness Reactionk Concrete Concrete concrete
Ec Fck fmr
759 816 3 3 2 2 112 21590 19 3 25-06-16 9.98897 78.02671
821 1214 3 3 3 2 62 58161 135 8 25-06-16 9.98444 78.02934
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(Table continued)
Area of Radius Normalized Normalized Normalized Normalized Modulus Elastic Cube Flexural Date Latitude Longitude
Deflection of Deflection Deflection Deflection Deflection of Modulus Strength strength Of
Basin Relative d1 D2 D3 D4 Subgrade of of of Testing
Stiffness Reactionk Concrete Concrete concrete
Ec Fck fmr
684 580 3 3 2 1 246 12051 6 2 25-06-16 9.98897 78.02671
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Note: This draft Agreement is a generic document and shall be modified based on particulars
of the DBFOT Project.
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Between
(Name of Client)
And
(Name of Consultant)
Dated:
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CONTENTS
Page No.
I FORM OF CONTRACT
II GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing Contract
1 . 4 La n g u a g e
1.5 Headings
1.6 Notices
1 . 7 Lo c a t i o n
1.8 Authority of Member in Charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.8 Suspension 2.9
Termination
3. Obligation of the Consultants
3.1 General
3.2 Conflict of Interests
3.3 Confidentiality
3.4 Liability of the Consultants
3.5 Insurance to be Taken Out by the Consultants
3.6 Accounting, Inspection and Auditing
3.7 Consultants' Actions Requiring Client's Prior Approval
3.8 Reporting Obligations
3.9 Documents Prepared by the Consultants to Be the Property of the Client
3.10 Equipment and Materials Furnished by the Client
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
4.2 Description of Personnel
4.3 Approval of Personnel
4.4 Working Hours, Overtime, Leave, etc.
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I FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the ____ day of the
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2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the
provisions of the Contract; and
(b) The Client shall make payments to the Consultants in accordance with
the Provisions of the Contract.
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IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in
their respective names as of the day and year first above written.
[Note: If the Consultants consist of more than one entity, all of these entities should
appear as signatures, e.g. in the following manner]
(Authorized Representative)
By
(Authorized Representative)
etc.
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1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in
this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of
law in the Government’s country [or in such other country as may be specified in
the Special Conditions of Contract (SC)], as they may be issued and in force
from time to time.
(b) “Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in
Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force
andeffect 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 Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the
“Independent Consultant (IE)” and includes and sub-consultants or Associates
engaged by the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one
entity, means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties
means both of them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants
and or Associates as Employees and assigned to the performance of the Services
or any part thereof; “Foreign Personnel” means such persons who at the time of
being so hired had their domicile outside the Government’s Country, “Local
Personnel” means such persons who at the time of being so hired had their
domicile inside the Government’s Country; and ‘key personnel ‘means the
personnel referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to his
contract, as described in Appendix A hereto. The scope of work will be strictly as
given in various Clauses in TOR. The approach and methodology to be adopted by
the Consultant for carrying out the assignment as Independent Engineer may be
modified depending on the site requirements and work programmed of the
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Concessionaire after mutual discussions with NHAI, the Concessionaire and the
Independent Engineer. The work plan as indicated byte Consultant may be
modified accordingly to the site requirements.
(n) "Sub-consultant and or Associates” means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause
GC 3.7; and
(o) "Third Party" means any person or entity other than the Government, the Client,
the Consultants or a Sub-consultant.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall bethe
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to
this Contract shall be in writing. Any such notice, request or consent shall be deemed
to have been given or made when delivered in person to an authorized representative
of the Party to whom the communication is addressed, or when sent by registered
mail, telegram or facsimile to such Party at the address specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice hereunder by giving the other Party notice
of such change pursuant to the provisions listed in the SC with respect to Clause GC1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A hereto
and, where the location of a particular task is not so specified, at such locations.
Whether in Government's Country or elsewhere, as the Client may approve.
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2.6 Modification
Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services, may only be made by written agreement between the
Parties as the case may be, has been obtained. Pursuant to Clause GC 7.2 hereof,
however, each Party shall give due consideration to any proposals for modification
made by the other Party.
2.7 Force Majeure
2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is beyond
the reasonable control of a Party, and which makes a Party’s performance of its
obligations hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial action ( except where such strikes,
lockouts or other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a party or such Party's Sub-consultants or agents or employees,
nor (ii) any event which a diligent Party could reasonably have been expected to
both (A) take into account at the time of the conclusion of this Contract and (B)
avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
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 Majeure, 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.
2.7.3 Measures to be taken
(a) A Party affected by an event of Force Majeure shall take all reasonable measures
to remove such Party's inability to fulfill its obligations hereunder with a minimum
of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fourteen (14) days
following the occurrence of such event, providing evidence of the nature and
cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.
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2.9 Termination
2.9.1 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 (h) of this Clause
GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause 2.8 hereinabove,
within thirty (30) days of receipt of such notice of suspension or within such further
period as the Client may have subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity, if
any of their Members becomes) insolvent or bankrupt or enter into any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary;
(c) If the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
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(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 material
portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. For the purpose of this
clause:"corrupt practice" means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the selection process
or in contractexecution. “fraudulent practice" means a misrepresentation of facts in
order to influence as election process or the execution of a contract to the detriment
of the Borrower, and includes collusive practice among consultants (prior to or after
submission of proposals) designed to establish prices at artificial noncompetitive
levels and to deprive the Borrower of the benefits of free and open competition.
(h) if Concessionaire represents to NHAI that the Consultant is not discharging his
duties in a fair, efficient and diligent manner and if the dispute remains
unresolved, NHAI may terminate this contract.
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract
and not subject to dispute pursuant to Clause 8 hereof within forty-five(45) days
after receiving written notice from the Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and
has not remedied the same within forty-five (45) days (or such longer period as the
Consultants may have subsequently approved in writing) following the receipt by
the Client of the Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform material
portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GC 8 hereof.
2.9.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof,
or Upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights
and Obligations of the Parties hereunder shall cease, except:
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(i) such rights and obligations as may have accrued on the date of termination or
expiration;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii) the Consultants' obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) Any right which a Party may have under the Applicable Law.
2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon
dispatcher receipt of such notice, take all necessary steps to bring the Services to a
close in a prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents prepared by
the Consultants and equipment and materials furnished by the Client, the Consultants
shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10 hereof.
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3.1 General
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The Consultants shall employ and provide such qualified and experienced Personnel
and Sub-consultants as are required to carry out the Services.
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debarred from further NHAI works for 3 years and the new proposed personnel in
place of removed personnel would be paid 15% less salary than the original
personnel. 15% reduction in the salary will be imposed as a penalty for submitting
the incorrect information. This penalty will be imposed only once. If the same
consulting firm submits incorrect information again second time, necessary action
will be taken by NHAI to black-list that firm.
(e) In case of extension of contract, the Consultant can propose one-time replacement
of each key personnel without attracting any penalty or reduction in remuneration,
subject to approval of the authority taking into consideration the progress of work
at site. Qualifications of replacements shall be better or equivalent to the original
key personnel. Any further replacements willbe governed as per contract
provisions.
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(f) grant to the Consultants, any Sub-consultants and or Associates and the Personnel
of either of them the privilege, pursuant to the Applicable Law, of bringing into
Government's country reasonable amounts of foreign currency for the purposes of
the Services or for the personal use of the Personnel and their dependents and of
withdrawing any such amounts as may be earned therein by the Personnel in the
execution of the Services: and
(g) Provide to the Consultants, Sub-consultants and or Associates and Personnel any
such other assistance as may be specified in the SC.
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided
by Clause GC 6 of this Contract.
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% of annual
Total % of annual
Payment dependent on contract
contract value
value per report
Monthly reports which do not contain
equipment-based inspection report (For
7.5% 75%
10months in a year)
Monthly Status reports which contain
equipment-based inspection report (For
12.5% 25%
2 months in a year)
Note: Annual contract value shall be calculated as = Total contract value divided by number
of years of original contract period
For avoidance of doubt, during 60 months tenure of Consultant, Monthly Reports without
equipment based inspection report shall be submitted for 50 months. Submission of these 50
reports will provide 75% of contract value. Actual payment will be in accordance with
Payments section in General Conditions of Contract and Special Conditions of Contract.
Monthly Status Reports with equipment-based inspection report shall be submitted for 10
months. Submissions of these 10 reports will provide 25% of contract value.
(c) It is mandatory to deploy the key personnel and sub-professional as per the
Man Months input specified in the Terms of Reference.Inadequatedeployment of
key personnel and sub-professional shall lead to deduction in the monthly payment
as per the following table. The key personnel and sub-professional shall be
considered to be inadequately deployed if he/she is not present for at least 90% of
the time stipulated in the month, as per the Man-Month input in the Terms of
Reference in the Deployment Schedule proposed by the firm.
For avoidance of doubt, in case the Team Leader Cum Highway Engineer; has not
been made available for 90% of the stipulated time in the month, then only 75% of
the monthly Payment shall be released. In the case of other key personnel (Sr.No.3)
and “Sub-Professional Staff (Sr.no.4)”, the average availability across the group
shall be considered for calculation.
(d) It is mandatory to use all the equipment mentioned in Section 6.4 of TOR for road
inspection surveys. Non-use of equipment in the survey month as specified in
Annexure- IV (Month of survey for equipment-based road condition assessment) can be
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For avoidance of doubt, in case no equipment is used in the survey month, then no monthly
payment shall be released. In case, only Network Survey Vehicle is used then 50% of
monthly payment (which is 50% of 12.5% of annual contract value) shall be released.
Payment linked to equipment-based report shall be released only on completion of
equipment-based road inspection and submission of equipment-based report.
(e) The consultant can use the equipment during next 3 months of survey month. However,
10% penalty per month shall be imposed for delay in use of equipment. Thus, payment
linked to the specific equipment shall be released after deducting 10% penalty per month.
In case 1 or more equipment is not used during next 3 months of survey month, then this
shall be treated as Breach of Contract and performance security shall be liable to be
forfeited.
(f) If any of the report is found to be misleading or containing incorrect information as
determined by the Authority, 10% of payment linked to that report shall be deducted
as penalty.
(g) Payment during Extension of services- In case of extension of contract, payment shall
be governed by the similar criteria as applicable for contract duration i.e. 7.5% for
monthly reports which do not include equipment-based inspection and 12.5% for
monthly reports which include equipment-based inspection.
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(c) The Client shall cause the payment of the Consultants periodically as given in
schedule of payment above within thirty (30) days after the receipt by the Client
of bills with supporting documents.
(d) The final payment under this Clause shall be made only after the final report and a
final statement, identified as such, shall have been submitted by the Consultants
and approved as satisfactory by the Client. The Services shall be deemed
completed and finally accepted by the Client and the final report and final
statement shall be deemed approved by the Client as satisfactory ninety (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.
(e) All payments under this Contract shall be made to the account of the Consultants
specified in the SC.
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9 Fake CV
If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely
and would result in all possible penal action including blacklisting from future projects
of NHAI. This would also apply even when the consulting firm is not successful
ingetting the assignment. In case CV of a person is turned out to be
fake/incorrect/inflated during the assignment, the consultancy firms will have to refund
the salary and perks drawn including interest @12% per annum in respect of the
person apart from other consequences. In addition to above, 10% of the salary and
perks to be refunded shall be recovered from the Firm as penalty.
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GC Clause
A. Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
1.1(a) The words “in the Government’s country” are amended to read “in INDIA”
1.4 The language is: English
1.6.1 The addresses are:
Consultants: Attention:
Cable
address:
Telex
Facsimile
[Note’: Fill in the Blanks]
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1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees,
levies and other impositions levied under the existing, amended or enacted laws during
life of this contract and the client shall perform such duties in regard to the deduction
of such tax as may be lawfully imposed.
2.1 The effectiveness conditions are the following:
(i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the parties may agree
in writing.
2.3 The time period shall be one month or such other time period as the Parties may agree
in writing.
2.4 The time period shall be 60 months
3.4 Limitation of the Consultants' Liability towards the Client
(e) Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the Consultants
in carrying out the Services, the Consultants, with respect to damage caused by the
Consultants to the Client's property, shall not be liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) Consultant will maintain at its expenses; Professional Liability Insurance
including coverage for errors and omissions caused by Consultant’s
negligence in the performance of its duties under this agreement, (A)For the
amount not exceeding total payments for Professional Fees and Reimbursable
Expenditures made or expected to be made to the Consultants hereunder OR
(B) the proceeds, the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a liability, whichever
of (A) or (B) is higher.
(iii) The policy should be issued only from an Insurance Company operating in
India.
(iv) The policy must clearly indicate the limit of indemnity in terms of “Anyone
Accident” (AOA) and “Aggregate limit on the policy period” (AOP) and in
no case should be for an amount less than stated in the contract.
(v) If the Consultant enters into an agreement with NHAI in a joint venture or ‘in
association’, the policy must be procured and provided to NHAI by the joint
venture/in association entity and not by the individual partners of the joint
venture/association.
(vi) The contract may include a provision thereby the Consultant does not cancel
the policy midterm without the consent of NHAI. The insurance company
may provide an undertaking in this regard.
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(f) This limitation of liability shall not affect the Consultants' liability, if any, for damage
to Third Parties caused by the Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.
(g) Professional Liability Insurance may be accepted for initially one year which shall be
extended annually for five years. PLI shall be uniformly taken for a period of five
years.
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Notwithstanding any other provisions in the agreement in this regard, this provision
will prevail and override any other provision to the contrary in this agreement.
6.4(a) The following provisions shall apply to the interest-bearing advance payment and the
advance payment guarantee:
1) An advance payment of 10% of the contract price in proportion to the quoted
Indian currency (INR) & foreign currency (US dollar) in the bid shall be made
within 60 days after receipt and verification of advance payment bank guarantee.
The advance payment will be set off by the Client in equal installments against
the statements for the first 12months of the Service until the advance payment
has been fully set off.
2) The bank guarantee shall be in the amount and in the currency of the foreign and
local currency portion of the advance payment.
3) Interest rate shall be 10% per annum (on outstanding amount) for local currency
including converted foreign component into local currency.
Fo r fo r e i gn
Currency:
For local currency:
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following provisions:
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8.2.2 Rules of Procedure
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties be held in Delhi.
(b) The English language shall be the official language for all purposes;
(c) The decision of sole arbitrator shall be final and binding and shall be enforceable
in any court of competent jurisdiction, and the Parties hereby waive any
objections to or claims of immunity in respect of such enforcement; and
(d) Fee structure shall be as given below:
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IV APPENDICES
[Give detailed descriptions of the Services to be provided; dates for completion of various
tasks, place of performance for different tasks; specific tasks to be approved by Client, etc.]
[List format, frequency, contents of reports and number of copies; persons to receive them;
dates of submission, etc. If no reports are to be submitted, state here "Not applicable".]
[List under: C-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. experience of Personnel to be assigned to work in India, and staff
months
for each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work outside India.
C-4 List of approved Sub-consultants [if already available]; same information with
respect to their Personnel as in C-l through C-4)
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed
in India. If there is no need for a medical certificate, state here: "Not applicable. "]
In respect of foreign personnel, one day per trip as travel time from and to the country of
the Government shall be allowed.
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(a) Access to the quality control laboratory for performing various types of tests, which
will be provided by the concessionaire including the testing personnel.
(b) RFQ, RFP, Concession Agreement, Bid submission, Site Data and information for
field surveys and investigations
(c) Detailed Work plan and Programme for Operation and Maintenance of Project
Highway from Concessionaire.
(d) Quality Assurance Plan and Quality Control Procedures from the Concessionaire.
(e) All the reports and necessary data as per the reporting obligation of concessionaire
under the concession Agreement.
(f) Necessary letters, which will be required for Visa’s of foreign personnel and
procuring other services by the consultant for performing project services.
1. Monthly rates for foreign Personnel (Key Personnel and other Personnel)
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1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable / Rental / Fixed expenditures as follows:
(a) Per diem rates for subsistence allowance for foreign short-term Personnel plus
estimated totals.
(b) Living allowances for long-term foreign Personnel, plus estimated totals.
(c) Cost of local transportation.
(d) Cost of other local services, rentals, utilities, etc.
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(PERFORMAMANCE BANK
To
The Chairman,
National Highways Authority of India, G-5 & 6, Sector-10,
Dwarka,
New Delhi –110 075
India
WHEREAS __________________________________________________________ [Name
and address of Consultants] 1 (hereinafter called “the consultants”) has undertaken in
pursuance of Contract No. ___________________ dated ______________ to provides the
services on terms and conditions set forth in this Contract ___________________________
[Name of contract and brief description of works) (hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein
as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Consultants up to a total of _______________________________ [amount of
Guarantee]2 _____________________________ [in words], such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we undertake
to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits of [amount of Guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultants before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the services to be performed there under or of any of the Contract documents
which may be made between you and the Consultants shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the
constitution of the consultants or of the Bank.
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The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & an advice of this Bank Guarantee has been sent to the designated bank of
NHAI as per following details.
In presence of
Name and Designation___________________________ 1.
(Name, Signature & Occupation)
Name of the Bank
Address 2.
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vested in them or of any right which they might have against the Client and to exercise the
same at any time in any manner, and either to enforce or to forebear to enforce any
covenants, contained or implied, in the Contract between the Client and the Consultant any
other course or remedy or security available to the Client. The bank shall not be relieved of
its obligations under these presents by any exercise by the Client of its liberty with reference
to the matters aforesaid or any of them or by reason of any other act or forbearance or
other acts of omission or commission on the part of the Client or any other indulgence
shown by the Client or by any other matter or thing whatsoever which under law would but
for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee that the Client may have in
relation to the Consultant's liabilities.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & an advice of this Bank Guarantee has been sent to the designated bank of
NHAI as per following details.
This guarantee shall also be operatable at our _________________ Branch at
, from whom, confirmation regarding the issue of this guarantee or extension / renewal
thereof shall be made available on demand. In the contingency of this guarantee being
invoked and payment there under claimed, the said branch shall accept such
invocation letter and make payment of amounts so demanded under the said
invocation."
Notwithstanding anything contained herein above our liability under this guarantee is
limited to ____________________________ and it shall remain in force upto and including
_____________________________ and shall be extended from time to time for such period
(not exceeding one year), as may be desired by M/s. _____________________________ on
whose behalf this guarantee has been given.
Dated this _________________ day of ____________ 2018_____________ at
WITNESS
____________________________ (signature)
(Signature)
(Name)
(Name)
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Note 2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be confirmed by
any Nationalized Bank in India.
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And
Whereas National Highways Authority of India (hereinafter called NHAI) has invited
proposal for appointment of Independent Engineer for (Name of project) hereinafter called
the Project.
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APPLICANTS (Note: RFP stands modified to the extent required as per these
instructions). DEFINITIONS
Words in capital and not defined in this document shall have the same meaning as in
the Request for Qualification (“RFP”).
(ii) RFP can be viewed/downloaded free of cost w.e.f 09/12/2019 till 15/01/2020
up to 11:00 hours.
(iv) If the Applicant has already registered with thehttps://etenders.gov.in and validity
of registration has not expired, then such Applicant does not require fresh
registration.
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A. Detailed RFP may be downloaded from E-tendering portal of Employer and the
Application may be submitted online following the instructions appearing on the screen.
B. The following shall be the form of various documents in the Application:
(I) Technical Proposal {Only Electronic Form (to be uploaded on the E-tendering portal
of Employer)}
(a) Proof of online payment for cost of tender documents.
(b) Copy of Bid Security Bank Guarantee (c )
Copy of Power of Attorney for signing the Bid
(d) Copy of the Power of Attorney for Lead Member of JV, if any
(e) Copy of joint bidding agreement for JV( Memorandum of Understanding between
JV partners), if applicable
(f) Copy of Integrity Pact
(g) Copy of experience certificate apostle at foreign, if any
(h) Copy of Memorandum of Understanding with Associate, if applicable.
(i) Firms credentials as per format prescribed in SECTION-3 OF RFP. (The details
are to be submitted through INFRACON only)
(j) Technical proposal as per format prescribed in SECTION-4 OF RFP. (The details
are to be submitted through INFRACON only.)
II) Financial proposal as per format prescribed in section – 5 of RFP
(III) Bidders have to comply with the OM No. 13030/09/2008-vig dated 28th January,
2013(copy enclosed) regarding Integrity pact.
(C ) All the bidders shall submit the Originals of all the documents listed at para 4.1 B (I) (b),
(c), (d), (e), (f) & (g) above after declaration of bid evaluation result by Authority.
Note:
(i) The Applicant shall upload scanned copies of the Technical Proposal and
Financial Proposal as specified in point nos. 4.1 (B) (I) ,(II), (III) & (IV) above
on the E-tendering portal of Employer before 15:00 hours Indian Standard Time
on the Application due date i.e. on 15/01/2020. Financial Proposal is to be
submitted On-line only and no hard submission is to be made.
(ii) All the bidders (including individual or any of its Joint Venture member(s) failing
to submit the original documents required as per para 4.1 (C ) above shall be
unconditionally debarred from bidding in NHAI projects for a period of 5 Years.
(iii) In case L-1 Bidder fails to submit the originals as per para 4.1 B (I) (b), (c), (d), (e),
(f) & (g), the bidding process shall be annulled and tenders shall be re-invited.
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v. The Financial Proposal 4.1 (b)(ii) will be opened of the short-listed applicants
who qualify for financial opening as per RFP. The date of opening of Financial
Proposal will be notified later on.
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
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(To be executed on plain paper and submitted along with Technical Bid/Tender documents
for tenders having a value between Rs.5 Cr and Rs.100 Cr. To be signed by the bidder and
same signatory competent/ authorized to sign the relevant contract on behalf of the NHAI)
Tender No.
Between
National Highways Authority of India (NHAI), a statutory body constituted under the
National Highways Authority of India Act, 1988, which has been entrusted with the
responsibility of development, maintenance and management of National Highways, having
its office at G-5 &G- 6, Sector-10, Dwarka, New Delhi, hereinafter referred to as “The
Principal”, which expression shall unless repugnant to the meaning or contract thereof
include its successors and permitted assigns.
and
_______________________________hereinafter referred to as “The Bidder / Contractor
/Concessionaire / Consultant” and which expression shall unless repugnant to be meaning
or
context thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures,
contract/s for Independent Engineer Services during Operation & Maintenance period for 6
lane section of Ahmedabad to Vadodara section of NH-8 from Km. 6.400 to Km. 108.700
(LengthKm102.300) in the state of Gujarat & Ahmedabad to Vadodara Expressway from
Km.0.000 to Km. 93.302 in the state of Gujarat (Length 93.302 km) under NHDP Phase-V on
DBFOT Toll Basis
The Principal values full compliance with all relevant laws of the land, rules of land,
regulations, economic use of resources and of fairness/transparency in its relations with its
Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as Integrity Pact) the terms and conditions of which shall
also be read as integral part and parcel of the Tender documents and contract between the
parties. Now, therefore, in consideration of mutual covenants stipulated in this pact, the
parties hereby agree as follows and this pact witnessed as under:-
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1. The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for self, or third person, any material of immaterial benefit
which the person is not legally entitled to.
(b) The Principal will, during the tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/ additional information through which the Bidder(s) could
obtain an advantage in relation to the tender process or the contract execution.
(c) The Principal will exclude all known prejudiced persons from the process,
whose conduct in the past has been of biased nature.
2. If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.
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Article 3 Disqualification from tender process and exclusion from future contracts.
1. If the Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s), before award
ordering execution has committed a transgression through a violation of any provision
ofArticle-2, above or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s) / Contractor(s)
/Concessionaire(s) / Consultant(s) from the tender process.
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5. The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder / Contractor / Concessionaire
/Consultant shall be final and binding on the Bidder / Contractor / Concessionaire
/Consultant.
7. Subject to full satisfaction of the Principal, the exclusion of the Bidder / Contractor
/Concessionaire / Consultant could be revoked by the Principal if the Bidder
/Contractor / Concessionaire / Consultant can prove that he has restored/ recouped the
damage caused by him and has installed a suitable corruption prevention system in his
organization.
2. In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor
/Concessionaire / Consultant‟ s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor / Concessionaire /Consultant
and / or demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
Article 5 Previous Transgression
1. The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
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2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3
above for transgressions of Article-2 and shall be liable for compensation for damages
as per Article-4 above.
2. The Principal will enter into agreements with identical conditions as this one with all
Bidders / Contractors / Concessionaires / Consultants and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders who do not sign this
Pactor violate its provisions.
This Pact begins when both parties have legally signed it. (In case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor / Consultant 12
months after his Defect Liability period is over or 12 months after his last payment under
the contract whichever is later and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. (In case of BOT / DBFOT Projects) It expires for the
concessionaire 24 months after his concession period is over and for all other unsuccessful
Bidders 6 months after this Contract has been awarded. If any claim is made / lodged during
this time, the same shall be binding and continue to be valid despite the lapse of this pact as
specified above, unless it is discharged / determined by Chairman of NHAI.
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1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to come
to an agreement to their original intentions.
5. Any disputes / differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation thereof
shall not be subject to any Arbitration.
6. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date
first done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/Consultant)
(Office Seal)
Place: ________________
Date: __________________
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