Consultancy Services

Name of work:- Consultancy Service for Third Party Inspection, Quality Assurance

and Technical Audit Services for Various Ongoing Road and

Bridge Projects in Kapadwanj Taluka, District Kheda.

Executive Engineer

GOVERNMENT OF GUJARAT

ROADS & BUILDING DEPARTMENT

REQUEST FOR PROPOSAL

Executive Engineer

GOVERNMENT OF GUJARAT

ROADS & BUILDING DEPARTMENT

Tender Papers For

1 Name of work : Consultancy Service for Third Party

Inspection, Quality Assurance and Technical

Audit Services for Various Ongoing Road

and Bridge Projects in Kapadwanj Taluka,

District Kheda.

2 Tender fee : Rs.2400.00

3 Last date of submission of online : As per online NIT

4 Date of Pre-Bid meeting. :

5 Date of opening the Technical bid. : As per online NIT

6 Date of opening the price bid. : As per online NIT

Executive Engineer

Memorandum of works in brief

1 Estimated Cost : Rs.

2 Earnest Money (EMD) (Bank : Rs.

Guarantee or FDR)

3 Validity period of tender offered 120 days from the last date of opening

4 Security Deposit :

i) 5 % performance (Bank : Rs.

Guarantee) of Schedule Bank

ii) 10 % to be deducted from bills : Rs.

(Defect liability)

5 Time allowed for completion of : 11 (Eleven) months or up to completion of

the work from the date of written the Project whichever is latter.

order to commence the work

Signature of Contractor Executive Engineer

Sr. Contents Page No.

1 Invitation for proposals for consultancy services 7-9

2 Letter of Invitation 10-21

3 Data Sheet 22-31

4 Appendix – I: Formats for Eligibility of the firm

5 Appendix – II: Formats for Technical Proposal 33-42

6 Appendix – III: Formats for Financial Proposal 43-44

Part – II 45-46

1 Contract Agreement 47-51

2 Contract for Consultancy Services 52-53

3 General Conditions of Contract 54-77

4 Special Conditions of Contract 78-85

5 Appendix – A: Terms of Reference 86-97

6 Appendix – B to I 98-109

Government of Gujarat

ROADS & BUILDINGS DEPARTMENT

INVITATION FOR PROPOSAL

Consultancy Service for Third Party Inspection, Quality Assurance and Technical Audit

Services for Various Ongoing Road and Bridge Projects in Kapadwanj Taluka, District

BRIEF SCOPE OF WORK -

1.1. R & B Deptt., Government of Gujarat has been entrusted with the

development, maintenance and management of such of the State Highways as on

behalf of the Governor of Gujarat.

The Government has decided taking Consultancy Services for Third Party Inspection,

Quality Assurance and Technical Audit Services for Various Ongoing Road and Bridge

Projects in Kapadwanj Taluka, District Kheda.

This Consultancy services for Quality Assurance and Technical Audits includes following

Road & Bridge Works: -

1. Bridge constructed at Dakor Ladvel Kapadwanj Road Km 18/400 to 32/300 (Km

19/020, Km 23/300, Km 28/700) (Tendered Amount :- Rs. 8.12 Cr.)

2. Kapadwanj Kalajina Muvada via. Vyasvasana Motizer Road Km 0/00 to 16/00

(Tendered Amount :- Rs. 18.49 Cr.)

3. Ladvel Pankhiya Branch Road Km 0/00 to 16/500 (Phase – I: Km 0/00 to 9/500)

(Tendered Amount :- Rs. 81.76 Cr.)

4. Bridge constructed at Navagam Betawada Nirmali Road Km 0/00 to Km 11/300

(Km 6/900) (Tendered Amount :- Rs. 7.10 Cr.)

Note: for the project work already under progress, consultant shall be paid only for

inspection of works executed after commencement of consultancy. No payment shall be

admissible for inspection, testing, quality assurance, certification or technical audit of

any work executed, measured or paid prior to the commencement date of the consultancy.

2. INTRODUCTION'

2.1 The Client named in the "Data Sheet" will select a firm in accordance with the

method of selection indicated in the Data Sheet.

2.2 The Consultants are invited to submit a Technical Proposal and Financial

Proposal, or a Technical Proposal only, as specified in the Data Sheet (the

proposal) for consulting services required for the Assignment named in the

Data Sheet. The proposal will be the basis for contract negotiations and

ultimately for a signed contract with the selected firm.

2.3 The Assignment shall be implemented in accordance with the phasing or

otherwise as indicated in the Data Sheet. When the Assignment includes

several phases, the performance of the consultant under each phase must be to

the Client's satisfaction before work begins on the next phase.

2.4 T h e consultants must familiarize themselves with local conditions and take

them into account in preparing their proposals, to obtain firsthand information on the

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

the Client before submitting a Proposal

2.5 The Client will provide the inputs specified in the Data Sheet, Assist the firm in

obtaining licenses and permits needed to carry out the services, and make

available relevant: project data and reports.

2.6 Please note that (i) the costs of preparing the proposal and of negotiating the

contract, including a visit to the Client, are not reimbursable as a directed cost

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

Proposals submitted.

2.7 Government policy requires that consultants provide professional, objective,

and impartial advice and at all times hold the Client's interest’s paramount,

without any consideration for future work, and strictly avoid conflicts with

other assignment that would be in conflict 'with their prior or current

obligations to other Clients, or that may place them in a position of not being

above to carry out the assignment in the best interest of the Client.

2.8 The Consultant shall submit a signed declaration confirming that neither the Firm

nor any proposed Key Personnel has any financial, contractual or personal interest

with any Contractor, Supplier or Agency executing the works covered under this

3. Qualifying requirements for consultancy firms/ joint ventures have been spelt

out in RFP document

4. MODE OF ACCESS FOR BID DOCUMENTS

Request for Proposal (RFP) document’ can be accessed online on www.nprocure.com

As per online NIT Tender fees Rs.2400.00 (D.D.) & E.M.D. Rs.99,000.00 (BG or

FDR) shall be submitted in electronic format only through online (By scanning) while

uploading the bid. However, for the purpose of realization of Demand Draft f o r

t e n d e r f e e . B idder shall send in original through R.P.A.D. so as to reach Executive

Engineer, R&B Division, Nadiad from the last date of uploading.

5. SUBMISSION OF DOCUMENTS

Online proposals shall be submitted as per online NIT The technical bids shall be

opened as per online NIT & the Price Bid shall be opened as per online NIT in

the presence of bidders who choose to be present. The bidder should submit all

forms of Technical Proposal as per Clause – 3.2 of LOI para No. 8 of bid

document duly filled with all supporting documents online. Scanned copy

should be attached in preliminary stage in addition to bidding documents fee and

bid security the same should be submitted physically also.

Tender submitted without online technical proposal form and scanned

attachment will not be considered for Technical evaluation.

6. The Condition regarding award of work are stipulated in the RFP document.

The proposals shall be submitted on original of the RFP document provided it

is accompanied by a demand draft of Rs.2400.00 Favoring Executive Engineer,

R&B Division, Nadiad payable at Nadiad towards cost of documents prescribed

Govt. of Gujarat will not be responsible for any delay in receiving the

proposals and reserves the right to accept/reject any or all proposals without

assigning any reason therefore. The consultancy firms will be selected as per

the guidelines indicated in RFP document.

7. ADDRESS FOR COMMUNICATION

7.1 Superintending Engineer

R&B Circle No. 1, BLOCK NO: A, 6th Floor,

Multi Story Building, Opp. Himalaya Mall, Vastrapur Govt. Colony

Ahmedabad-380 052, Ph. NO. 079 -

7.2 Executive Engineer

R&B Division. Nadiad,

Ayojan Bhavan Compound,

Nadiad – 387001, Ph. NO. (0268)

Email:- [email protected]

LETTER OF INVITATION FOR

Name Of Work:- Consultancy Service for Third Party Inspection, Quality

Assurance and Technical Audit Services for Various Ongoing Road and Bridge

Projects in Kapadwanj Taluka, District Kheda.

1. INTRODUCTION

R & B Deptt, Government of Gujarat has decided for Consultancy

Service for Third Party Inspection, Quality Assurance and Technical Audit

Services for Various Ongoing Road and Bridge Projects in Kapadwanj

Taluka, District Kheda.

A brief description of the assignment and its objectives are given in

the enclosed Terms of Reference.

In case you consider that your firm possesses the requisite experience and the

capabilities required for undertaking the assignment and is not under a

declaration of ineligibility or debarred from doing business with Govt. of

Gujarat, you may submit a proposal in response to this invitation. The manner

in which the proposals are required to be submitted, evaluated and accepted is

explained in the enclosed Request. for Proposal' (RFP) document.

You are encouraged to inform yourself fully 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, and attending a pre-proposal

conference on the date and time specified in the Data Sheet. Please note that no

cost of any such visit or queries is reimbursable.

Financial Proposals of only those firms as are qualified in accordance with

clause5.2 hereof will be opened.

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

contract, including visits to the Govt. of Gujarat etc., are not reimbursable

irrespective of the outcome of the evaluation process; and (ii) Govt. of Gujarat

is not bound to accept any of the proposals submitted and reserves the right to

reject any or all proposals without assigning any reasons.

The proposals must be properly signed as detailed below:

i. by the proprietor in case of a proprietary firm

ii. by the partner holding the Power of Attorney in case of a firm in

(A certified copy of the Power of Attorney shall accompany the

iii. by a duly authorized person holding the Power of Attorney in case of a

Limited Company or a corporation (A certified copy of the Power of

Attorney shall accompany the proposal).

The proposal of a firm is liable to be rejected if the firm makes any false or

misleading statement in the proposal(s) without prejudice to the - rights of Govt. of

Gujarat to initiate further proceedings against the said Firm (s.)

To enable you to prepare a proposal, please find and use the attached

Documents listed in the Data Sheet.

Firms requiring a clarification of the Documents must serve upon the Client, a

request in writing, not later than 15- days before the proposal submission date.

Any request for clarification must be made in writing and sent to the Client's

address indicated in the Data Sheet through courier or fax. The Client will

respond in writing through fax or courier. Copies of the responses will be sent

to all Consultants who purchase the RFP document.

At any time before the submission of proposals, the Client may, for any reason,

whether at its own initiative or in response to a clarification requested by a

Consulting firm, modify the Documents by -amendment. The amendment will

be notified in writing through fax to all - consulting firms who have purchased

the RFP document and will be binding on them. The Client may at its

discretion extend the deadline for the submission of proposals.

3. PREPARATION OF PROPOSAL

Your proposal shall be prepared in three separate parts, each to be contained in

a separate cover as follows:

Stage1: Documents in support of Proof of Eligibility

Stage 2: Technical Proposal

Stage 3: Financial Proposal

The information shall be furnished in the formats prescribed in Appendices I, II

Proof of eligibility

The "DOCUMENTS IN SUPPORT OF PROOF OF ELIGIBILITY" shall

contain the following in the formats prescribed in Appendix -I.

(i) Firm's experience;

(ii) Firm's turnover for the last 5 years supported by certified copies of

(iii) The number of experienced key personnel in the regular employment

with the firm. [ work in hand may also be specified]

(iv) Blacklist Declaration:- “We hereby declare that our Firm/Company/Joint

Venture has not been blacklisted, debarred or banned by Government of India,

Government of Gujarat, MoRTH, NHAI, any State Government Department,

PSU or any Government Agency as on the last date of submission of this

The experience claimed in sub Para (i) of the above para shall be in respect of

completed projects and supported by certificates from clients and shall be more than

the minimum specified in the Data Sheet. Certificate should indicate clearly the firm's

experience, in Quality Assurance & Technical Audit Scope of services rendered by

the firm should be clearly indicated in the experience certificate obtained from the

The minimum essential requirement in respect of eligibility has been indicated

in the Data Sheet, the proposal found deficient in any aspects of. these requirements

will not be considered for further evaluation.

Technical Proposal

The Technical Proposal shall contain all the information in the format

prescribed in Appendix II.

While submitting the Technical Proposal, the firm shall ensure the following:

(i) The composition of the proposed Team and Task Assignment to

individual personnel shall be clearly stated. Consultants shall make their

own assessment of support personnel to undertake the assignment.

Additional staff or personnel if required to complete the assignment in

the prescribed time, must be provided, within the total estimated cost

only. Client shall not be responsible for any. wrong assessment by

Consultants and shall not in any case bear any additional cost arising

(ii) No such key personnel shall be proposed for any position if the CV of

the personnel does not meet the requirements of the TOR

(iii) The key personnel shall remain available for the period indicated in the

TOR. An Undertaking to this effect must also be submitted. It is further

clarified that all the key personnel are required available for full

assignment period of minimum of 11 (Eleven) months or up to

completion of the Project. The subsequent intermittent input for additional

2 months may be provided by the firm.

(iv) No alternative proposal to any key personnel shall be made and only one

CV for each position shall be furnished.

(v) Each CV needs to have been recently signed in blue indelible ink by the

key personnel and countersigned by the authorized official of the Firm.

Photocopy or unsigned/countersigned CVs shall be rejected.

(vi) Each CV shall contain the proof of age, qualification and experience as

well as an undertaking from the key personnel about his availability for

the duration prescribed in the TOR and that he will not make

himself/herself available for any other assignment during the said

(vii) The personnel proposed should not have attained the age of 65 years at

the time of submitting the proposal,

(viii) The personnel proposed possess good working knowledge of English

(ix) At least 25% of the personnel are under employment with firm on the

date of submission of the proposal

(x) In case a firm is proposing key personnel from educational/research

institutions, a 'No Objection Certificate' from the concerned institution

shall be enclosed with his CV.

(xi) The Telephone No. as well as Mobile No. of each of key personnel in

the CV at the time of submission of proposal shall be mentioned.

(xii) Each key personnel of the preferred consultant shall be called for

interview at the time of negotiation at the cost of the consultant.

(xiii) The Consultant shall furnish an Availability Certificate signed by every

proposed Key Personnel stating that he/she shall remain available throughout

the consultancy period and shall not be deployed simultaneously on any other

project that may adversely affect this assignment.

Failure to comply with the requirements spelt out in Para 3.2.2 shall make the

proposal liable to be rejected and the evaluation of Financial Proposal shall not be

undertaken. If, individual, key personnel make an averment regarding his qualification,

experience, age, and it turns out to be false, or his commitment regarding

availability for the project is not fulfilled at any stage after signing of the agreement, he

shall be debarred for any future assignment in/with/of the Client. The firm shall also be

liable for its authorized representative counter signing a CV, which is subsequently

found to contain false and misleading statements or claims. Where graduation is the

required qualification, M. Tech in relevant field would be considered equivalent to

1-year experience and PhD in relevant field equivalent to 2 years.

Submission of any false information, forged certificates, fabricated experience,

incorrect turnover, misleading CVs or concealment of material facts shall result in

rejection of the proposal, forfeiture of Performance Security and debarment from

future tenders of the Department.

The Technical Proposal must not include any financial information.

FINANCIAL PROPOSAL

The Financial Proposal shall contain all the information in the format

prescribed in Appendix III.

While submitting the Financial Proposal, the Consultants shall ensure the

(i) All the costs associated with the assignment shall be included in the

proposal. These shall cover remuneration for all the staff (foreign and

local, in the field, office etc), accommodation, transportation,

equipment, printing of documents, surveys, geo-technical investigations

etc. The total amount indicated in the Financial Proposal shall be

etc. The total amount indicated in the Financial Proposal shall be

without any condition attached or subject to any assumption, .and shall

be final and binding. In case any assumption or condition is indicated in

the Financial Proposal, it shall be considered non-responsive and liable

to be rejected.

(ii) The Financial Proposal shall take into account all types of the tax

liabilities including G.S.T. and cost of insurance specified in the Data

Sheet and the draft contract agreement.

(iii) Cost shall be expressed in Indian Rupees the payments shall be made

only in Indian Rupees by the client.

UNDERTAKING FROM THE PROFESSIONAL

I, …………………. (Name and Address) have not left any assignment with the

consultants engaged by MORT&H/ contracting firm (firm to be supervised now) for any

continuing works of MORT&H without completing my assignment. I will be available for the

entire duration of the current project (named………….). If I leave this assignment in the middle

of the completion of the work, I may be debarred for an appropriate period to be decided by

R&B DEPT. I have also no objection if my services are extended by R&B DEPT. for this work

UNDERTAKING FROM CONSULTING FIRM

The undersigned on behalf of ………………. (name of consulting firm) certify that

Shri……………………… (name of the proposed personnel and address) to the best of our

knowledge has not left his assignment with any other consulting firm engaged by MORT&H

/ contracting firm (firm to be supervised now) for the ongoing projects. We understand that if

the information about leaving the past assignment with MORT&H/R&B DEPT. without

completing his assignment is known to R&B DEPT., R&B DEPT. would be at liberty to

remove the personnel from the present assignment and debar him for an appropriate period to

be decided by R&B DEPT.

FINANCIAL PROPOSALS

Subject: Consultants’ Services for

Regarding Price Proposal

I/We Consultant/consultancy firm herewith

*Price Proposal for selection of my/our firm/organization as Consultant for

Yours faithfully,

(Authorized Representative)

*The Financial proposal is to be filled strictly as per the format given in RFP.

4 SUBMISSION OF PROPOSALS

4.1 The Applicants shall submit the details on issued/ downloaded Application and

in hard bound form with all pages numbered serially and by giving an index

of submissions. Applications submitted in other forms like spiral bound form;

loose form etc shall be rejected. No copies of proposals shall be submitted.

4.2 You must submit the proposal as indicated in the Data Sheet. Each proposal

will be sealed in an outer envelope which will bear the address and information

indicated in the Data Sheet. The envelope must be clearly marked:

4.3 Consultant shall maintain digital inspection records, geo-tagged photographs,

inspection register, laboratory register and monthly QA reports.

Consultancy Service for Third Party Inspection, Quality Assurance and

Technical Audit Services for Various Ongoing Road and Bridge Projects in

Kapadwanj Taluka, District Kheda.

4.3.1 This outer envelope will contain three separate envelopes, one clearly marked

''Proof of eligibility", 'Technical Proposal' and the third clearly marked

'Financial Proposal'.

4.3.2 The Technical and Financial Proposal must be prepared in indelible ink and

must be signed by the authorized representative of the Firm. The letter of

authorization must be confirmed by a written power of attorney accompanying

the proposals. All pages of the original Technical and Financial Proposals must

be numbered and initialed by the person or persons signing the proposal.

4.4 The proposal must contain no interlineations or overwriting except as necessary

to correct errors made by the Consultants themselves, in which cases such

corrections must be initialed by the person or persons signing the proposal.

4.5 Your completed proposal must be delivered on or before the time and date

stated in Data Sheet. Govt. of Gujarat shall not be liable for any delay in

submission of the Proposal within the stipulated period on any account

The proposal containing “Proof of Eligibility”, “Technical Proposal” and

“Financial Bid” shall be submitted online only.

4.6 Your proposal must be valid for the number of days stated in the Data Sheet

from the closing date of submission of proposal.

5 PROPOSAL EVALUATION

5.1 A three-stage procedure will be adopted in evaluating the proposal. In the first

stage, eligibility of the firm will be ascertained on the basis of experience

certificates, firm's turnover and other information required to be submitted in

Appendix I. The firms failing to meet the minimum requirement will be

rejected. In the second stage a technical evaluation will be carried out. Only

those Technical proposals, which full fill the criteria mentioned in data sheet are

considered for financial evaluation in the third stage. The award shall be made

in such a manner, which leads least cost to Govt. of Gujarat.

5.2 Evaluation of Technical Proposal

The Evaluation Committee appointed by the Client will carry out its evaluation

applying the evaluation criteria and point system specified in the Data Sheet. The

committee consists of One Superintending Engineer and One Executive

5.3 Evaluation of Financial Proposal

5.3.1 For financial evaluation, total cost of Financial Proposal will be considered.

This however, includes (i) G.S.T., (ii) any taxes and duties payable in

respect of expatriate key personnel.

5.3.2 The Evaluation Committee will determine whether the Financial Proposals are

complete, unqualified and unconditional. The cost indicated in the Financial

Proposal shall be deemed as final and reflecting the total cost of services.

Omissions, if any, in costing any item shall not entitle the firm/Consultant to be

compensated and the liability to fulfill its obligations as per the terms of

reference within. the total quoted price shall be that of the Consultant. The

committee will correct any computational errors and convert prices in different

currencies to the single currency specified in the Data Sheet. The evaluation

shall include those taxes, G.S.T., duties, fees, levies and other charges imposed

under the applicable law as applicable on foreign and domestic inputs.

6.1 The least cost Firm shall be invited for negotiations, in the absolute discretion

of Govt. of Gujarat, if necessary. Such points as deployment of key personnel,

corrections (if any) carried out in the cost of the Financial Proposal, the manner

in which the Consultants intends proceeding with the work, etc. shall be

discussed during negotiations. -

6.2 The Client will not normally consider substitutions of key personnel during

negotiations. No substitution of key personnel shall be done without permission

of the Client. The substitution, will, however be permitted if the key personnel

is not available for reasons of any incapacity due to health or death.

Substitution for any other reason shall attract reduction in the remuneration of

the key personnel by 10% for each substitution.

6.3 After award of contract the Client expects all of the proposed key personnel to

be available during implementation of the contract. The client will not consider

substitutions during contract implementation except under exceptional

circumstances for the reason other than death/extreme medical ground (i) for

total replacement up to 33% of key personnel, remuneration shall be reduced

by 5% (ii) for total replacement between 33% to 50% remuneration shall be

reduced by 10% and (iii) for total replacement beyond 50% of the total of key

personnel, the client may initiate action for termination/debarment of such

consultants for future projects of Govt. of Gujarat for a period of 06 months to

7 PERFORMANCE SECURITY

The Consultants will furnish within 10 days of the issue of Letter of

Acceptance (LOA), an unconditional Bank Guarantee from the Bank (Generally, by

SBI or its subsidiaries or any Indian nationalized bank or IDBI or ICICI Bank) for an

amount equivalent to 5 % of the total Contract value to be received by him towards

Performance Security valid for a period of twelve months beyond the date of

completion of services.

The Consultants will indemnify the Client for any direct loss or damage that is

caused due to deficiency in services.

9. AWARD OF CONTRACT

9.1 The Contract shall be awarded after successful Negotiations with the successful

Consultants. If negotiations (as per para 6 above) fail, the Client may re bid this

9.2 The selected Consultant is expected to commence the Assignment on the date

and at the location specified in the Data Sheet.

10. CONFIRMATION

We would appreciate you informing us by telex/facsimile:

i. Your receipt of the letter of invitation.

ii. Whether or not you will submit a proposal.

Executive Engineer

(References to corresponding paragraphs of LOI are mentioned alongside)

1. The Documents are:

(i) Terms of Reference (TOR)

(ii) Appendices –

i. Appendix-I: Format for Proof of Eligibility / Firms Turn Over and

ii Appendix-II: Formats for Technical Proposal

iii. Appendix-III: Formats for Financial Proposal

(iii) Draft Contract Agreement

(Ref. Para 2.1)

2. The Name of the Client is:

Executive Engineer,

R & B Division, Nadiad

(Ref. Para 2.2)

3. The address is :

Executive Engineer,

Ayojan Bhavan Compound,

Nadiad – 387001, Ph. NO. (0268)

Email:- [email protected]

(Ref. Para 2.2, 4.2)

5. Tax liability

Consultant has to assess all taxes including G.S.T. and cost of insurance should

build them in their Financial Proposal. (Ref. Para 3.3.2 (ii))

6. The bidder should submit all forms of Technical Proposal as per Clause –

of LOI para No. 8 of bid document duly filled with all supporting documents

online. Scanned copy should be attached in preliminary stage in addition to

bidding documents fee and bid security the same should be submitted

physically also.

Tender submitted without online technical proposal form and scanned

attachment will not be considered for Technical evaluation.

D.D. for Tender fee & EMD as per Sr. No. 4 page No. 8 shall be submitted in

electronic format only through on line (by scanning) while uploading the bid.

This submission shall mean that E.M.D. & tender fee are received for purpose

of opening bid. Accordingly offer of those shall be opened whose E.M.D. &

tender fee is received electronically. However, for the purpose of realization of

D.D., bidder shall send the C.D. in original through R.A.P.D. so as to reach

Executive Engineer, R&B Division, Nadiad within 7 days from the last date of

uploading. Penetrative action for not submitting D.D. in original to Executive

Engineer by bidder shall be initiated. D.D. for exemption Certificate is not

necessary. However, exemption certificate shall have to be submitted

electronically through online. Any documents in supporting of tender bid shall

be submitted in electronic format only through online (by scanning etc.) & hard

copy will not accepted separately.

7. The date and time of proposal submission are online:

As per online NIT (Ref. Para 4.4)

8. Proposal Validity period (days, date): 120 days (Ref. Para 4.5)

9. Evaluation Criteria (Ref.Para3 & 5)

9.1 First stage evaluation - Eligibility requirement of experience and the

following information shall be provided for evaluation (Ref. Para 3.1 & 5.1)

i) Form for furnishing information on Firm's Experience of projects meeting the

eligibility criteria (refer (ii) below):

As per format attached at Appendix I.

ii) The minimum requirement of experience of firm is 5 years

The minimum turnover required is Rs. 1.00 Crore in one of the last 5 years.

9.2 Second stage: Technical Evaluation (Ref. Para 3.2 & 5.2)

9.2.1 Evaluation of selected key personnel of the firms qualifying in the first stage

will be carried out for the next stage evaluation. The selected Key Personnel for

Evaluation are Senior Highway engineer cum team leader, Highway Engineer,

Quality Engineer for Highway and Bridge Work (laboratory), Site Supervisor

for Highway Road Construction Work. The Minimum requirement of Technical

person is mentioned in Statement- A. The input shown in the table is purely

indicative. Actual input of days shall be as per the progress of the project.

Sr. Position Nos.

Professional staff

1 Senior Highway Engineer cum Team Leader

(1*7D/m*11= 1 x 77days)

2 Structure Engineer

(1*7D/m*11= 1 x 77days)

Quality Engineer For Highway and Bridge Work (laboratory)

Site supervisor for Highway Road and Bridge Construction

Work (4*30D/m*11 = 4x 330 days

6 Road Safety Auditor

( 15 days @ starting of Work And 15 days @ Completion of Work =

7 Engineer for Liasioning work

9.2.2 Rating System

The Technical Proposal will be evaluated on the basis of Firms Experience and

the experience of the personnel. The number of points to be given under each of the

evaluation criteria are:

(i) Specific experience of the consultants related to the Assignment, the experience

of individual consultant in Government or Semi Government Organization will be

considered for eligibility for technical qualification

 Experience in similar nature and size of projects (only completed projects

shall be considered necessary supporting document need to be enclosed)

 Experience in similar nature and size of projects > 4

 Experience in similar nature and size of projects > 2

 Experience in similar nature and size of projects < 2

 Experience in similar region 06

 Annual turnover for last five year 03

 Annual turnover of the Firm > 2.00 Crores

 Annual turnover of the Firm between 1.00 Crore to 2.00 Crores

 Annual turnover of the Firm < 1.00 Crore

(ii) Adequacy of the proposed work plan and methodology in

Responding to the TOR

 Project Appreciation 02

 Quality of Methodology 04

 Work program & Organization of staff 04

(iii) Qualifications and competence of the key professional staff for

 Highway Engineer cum team leader 25

 Structure Engineer 20

 Quality Engineer for Highway and Bridge Work (laboratory) 15

 Plant/Site supervisor for Highway Road and Bridge Construction Work 15

The minimum technical score required to pass is: 70 Points

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

staff for the Assignment Break up details in Para 9.2.2 A

(ii) The key professional staffs should be working with the firm at least since last

(iii) Bids of those bidders who qualify in the technical score shall be opened and the

lowest financial bidders shall be considered for the award of work.

(iv) The Assignment is expected to commence in the month of June -July 2026 at

Gujarat, India.

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

staff (ref. 3 above) for the Assignment are:

9.2.2A. Qualification and Competence of the Key Staff for adequacy of the Assignment.

(Para 9.2.2 of Data Sheet and Enclosure II of TOR)

9.2.2. A1 Senior Highway Engineer cum Team Leader

S. No. Description Max. Points

I General Qualification

i) Degree in Civil Engineering or equivalent

ii) Post-Graduation in Highway Engg./Structures/Bridge Engg./Soil

Mechanics and Foundation Engineering

II Relevant Experience & Adequacy for the Project

a) Total Professional Experience

(b) Experience in Highway Projects

c) Experience in Similar Capacity

(i) Experience in Highway Project (No. of Project)

III Employment with the Firm

Less than 1 Year

more than 2 years

9.2.2A2 Structure Engineer

S. Description Max.

I General Qualification

i) Degree in Civil Engineering or equivalent

ii) Post-Graduation in Highway Engineering

II Relevant Experience & Adequacy for the Project

a) Total Professional Experience

b) Experience in Bridge Projects

(i) Experience in project preparation and design of Highway projects

(ii Experience of No. of Highway Projects

III Employment with the Firm

Less than 1 Year

more than 2 years

9.2.2 A3 Quality Engineer for Highway and Bridge Work (laboratory)

S. Description Max. Points

I General Qualification

i) Degree in Civil Engineering or equivalent

ii) Master’s Degree( Post Graduation) in

Highway Engineering /

Transportation Engineering/

Transport Planning

II Relevant Experience & Adequacy of TA/QA Project

a) Total Professional Experience

(b) Experience in Highway Projects as Quality Engineer

c) Experience in Similar Capacity

(i) Experience in Highway Project (No. of Project)

III Employment with the Firm

Less than 1 Year

more than 2 years

9.2.2A4 Site supervisor for Highway Road and Bridge Construction Work

S. No. Description Max. Points

I General Qualification

i) Degree or equivalent in Civil Engineering / Diploma in Civil Engineering

ii) Post-Graduation in Civil Engineering/Highway Engineering/Structural

II Relevant Experience & Adequacy for the

a) Total Professional Experience

b) Experience in Highway Projects

i) Experience in Similar Projects (2/4/6 lane of Highway) in project

preparation/ Construction / Construction Supervision

ii) Knowledge and understanding of Modern Computer based software

c) Experience as Highway Supervisor/ Road Engineer or in Similar

Capacity for project of any type of Highway (2/4/6 lane)

III Employment with the Firm

Less than 1 Year

more than 2 years

Assumptions to be made regarding Similar Capacity for various positions

1. Team Leader cum Senior Highway Engineer

i) On behalf of Consultant / Contractor: Team Leader/Senior Highway

ii) In Government Organizations: Executive Engineer with five

year experience as Executive

engineer and above

2. Structure Engineer

i) On behalf of Consultant: Senior Structure Engineer

ii) In Government Organizations: Executive Engineer (or equivalent) and

3. Quality Engineer for Highway & Bridge Work (laboratory)

i) On behalf of Consultant: Highway Quality Engineer

Pavement Engineer.

ii) In Government Organizations: Executive Engineer (or

equivalent) and above

4. Site Supervisor for Highway Road & Bridge Construction Work

i) On behalf of Consultant: Civil Engineer/Geo

Technical Engineer

ii) In Government Organizations: Assistant Engineer (or

equivalent) and above

5 Lab Technician for Highway Road Construction work

Minimum Qualification: B.Tech in Civil Engineering or equivalent.

Experience: 5 years of experience in Highway Road Construction

work Laboratory work

6. Road Safety Auditor

Minimum Qualification: B.Tech in Civil Engineering or equivalent.

Experience: 15 years of experience in Highway Engineering

Concerning different aspect like preparation of DPRs,

Alignment of highways, Design of at-grade & grade

separated intersections, survey investigations for

highway projects, traffic studies, road safety audits,

preparation of remedial measures for deficiencies in

7. Engineering Liasioning Work

Minimum Qualification: B.E. in Civil Engineering or equivalent.

Experience: 15 years of experience in Highway Works

Professional Branch related work and Co-coordinating

with Field Officer.

9.3 Third stage -- Evaluation of Financial Proposal

Financial Proposal of all the firms who pass in Technical Evaluation will be

opened and award shall be made in such a manner which leads least cost to Govt. of

10. The common currency is "Indian Rupee". (Ref. Para 5.3.2)

11. Commencement of Assignment (Date, Location): The Consultant shall

commence the services within fifteen days of the date of effectiveness of the

contract at locations as required for the project stretch stated in TOR.

(Ref. Para 9.2)

(I) Firm’s Experience (Clause 3.1 of LOI)

Sr. No. Name of firm Date of Starting of Firm’s total

firm experience

II) Firm’s turnover for last five years with all relevant

documents (Clause 3.1 of LOI)

III) Nos. of Experienced Key personnel's in the Regular employment with the Firm.

Sr. No. Category Name of Person Experience of the

person as per Col.

Persons taken in Appendix – II, Form-II (Professional staff)

(IV) Declaration Regarding Non-Blacklisting

I/We hereby solemnly declare that:

1. Our Firm has not been blacklisted, debarred, suspended or banned by:

o Government of India

o Government of Gujarat

o Any State Government

o Any Government Department

2. No order of suspension or banning is presently in force.

o No prosecution for fraud, corruption or criminal misconduct relating to consultancy services is

pending against the Firm.

3. If any statement is found false, the Employer may:

o Reject our proposal;

o Forfeit Performance Security;

o Terminate the Contract;

o Debar our Firm from future tenders.

(V) Declaration Regarding Conflict of Interest

I/We certify that:

1. Our Firm has no direct or indirect financial interest in any Contractor executing the works

covered under this consultancy.

2. None of our Key Personnel is an employee of the Contractor.

3. No Partner/Director of our Firm has any business relationship likely to influence impartial

4. We shall immediately disclose any conflict of interest arising during the Contract.

Failure to disclose shall constitute breach of contract.

(VI) Disclosure of Litigation / Arbitration History

Sr Particular Details

1 Pending Court Cases

2 Pending Arbitration

3 Termination of Consultancy Contracts

4 Liquidated Damages imposed

5 Blacklisting Proceedings

6 Show Cause Notices

7 Any other litigation

If Nil, write NIL.

Certified that the above information is true.

(VII) Declaration Regarding Availability of Key Personnel

I/We certify that:

1. All proposed Key Personnel are available for deployment.

2. None of the proposed personnel is simultaneously committed to another Government

consultancy affecting this assignment.

3. The Consultant shall not replace any Key Personnel without prior written approval of the

Executive Engineer.

4. Replacement shall be permitted only due to:

o Permanent medical incapacity

o Other reasons accepted by the Employer.

5. Unauthorized replacement may attract financial deduction or termination.

(VIII) Declaration Regarding Truthfulness of Information

I/We hereby certify that:

1. All documents submitted are genuine.

2. Experience Certificates are authentic.

3. Turnover Certificates are genuine.

4. CVs belong to the proposed personnel.

5. Educational qualifications are genuine.

6. No forged document has been submitted.

7. All information furnished is true and complete.

I/We understand that if any information is found false at any stage:

 Proposal may be rejected.

 Contract may be terminated.

 Performance Security may be forfeited.

 Appropriate legal action may be initiated.

 The Firm may be debarred from future tenders of the Roads & Buildings Department,

Government of Gujarat.

(IX) Declaration Regarding Ongoing Works

I/We understand that the consultancy is being engaged after commencement of the construction

works. We agree that payment shall be admissible only for inspection, quality assurance, testing,

technical audit and certification of works executed after commencement of this consultancy

agreement. We shall not claim any payment for inspection or certification of any work executed,

measured or paid before commencement of consultancy.

Appendix-II [FORMAT FOR TECHNICAL PROPOSAL]

Form-II (Professional staff)

TECHNICAL PROPOSAL

Subject: Consultancy Service for Third Party Inspection, Quality Assurance

and Technical Audit Services for Various Ongoing Road and Bridge

Projects in Kapadwanj Taluka, District Kheda.

Regarding Technical Proposal

I/ We Consultant/ Consultancy firm herewith

enclose Technical Proposal for selection of my/our firm/ organization as

Consultancy Service for Third Party Inspection, Quality Assurance and

Technical Audit Services for Various Ongoing Road and Bridge Projects in

Kapadwanj Taluka, District Kheda.

Yours faithfully,

(Authorized Representative)

FIRM'S REFERENCES

Relevant Services carried out in the Last Five Years

Which Best Illustrate Qualifications

The following information should be provided in the format below for each reference

assignment for which your firm, either individually as a corporate entity or as one of

the major companies within a consortium, as legally contracted by the client stated

Assignment Name: Country

Location within country Professional Staff

Provided by your firm

Name of Client No. of Staff

Address No. of Staff months

Start date (Month Completion date Approx. value of Services (in current

/ year) (month / year) INR)

Name of association firm(s) if any: No. of months of professional staff

provided by associated firm(s)

Name of senior staff (Project Director / coordinator, team leader) involved and

functions performed.

Narrative description of project

Description of actual services provided by your staff.

Signature of Authorized Representative

(Certificate from Employer regarding experience should be furnished)

CONSULTANT NAME:

APPROACH PAPER ON METHODOLOGY

PROPOSED FOR PERFORMING THE ASSIGNMENT

The approach and methodology will be detailed precisely under the following

1) Composition of the team [not more than 1/2 of a page]

2) Methodology for services, surveying, data collection [not more than 1/2.of a

page] and analysis

3) Quality Assurance system for consultancy assignment [not more than 1/2 of a

Composition of the Team Personnel and the task

Which would be assigned to each Team Member

I. Technical / Managerial Staff

Sr. No. Name Position Task Assignment

II. Support staff

Sr. No. Name of firm Date of Starting of Firm’s total

firm experience

Format of Curriculum Vitae (CV) For Proposed Key Staff

1. Proposed Position:

2. Name of Staff:

3. Date of Birth: (Please furnish proof of age)

4. Nationality:

5. Educational Qualification:

(Summarize college/university and other specialized education of staff member,

giving names of schools, dates attended and degrees obtained). (Please furnish proof

of qualification)

6. Membership of Professional Societies:

7. Publication:

(List of details of major technical reports/papers published in recognized national and

international journals)

8. Employment Record:

(Starting with present position, list in reversed order, every employment held. List all

positions held by staff member since graduation, giving dates, names of employing

organization, title of positions held and location of assignments. For experience period

of specific assignment must be clearly mentioned, also give client references, where

9. Summary of the CV

(Furnish a summary of the above CV. The information in the summary shall be

precise and accurate. The information in the summary will have bearing on the

evaluation of the CV).

Field of Graduation and year Field of post-graduation and year, any other

specific qualification

i) Total experience in highways: Yrs

ii) Responsibilities held: i) Yrs. ii) Yrs.

iii) Relevant Experience: Yrs.

C) Permanent Employment with the Firm (Yes/No): If yes, how many years If no,

what is the employment: Arrangement with the firm?

10. Details of the current assignment and the time duration for which services are

required for the current assignment.

1 I am willing to work on the project as indicated in the deployment schedule and

as required during the assignment period of months.

2 I, the undersigned, certify that to the best of my knowledge and belief, this bio-

data correctly describes myself my qualification and my experience.

3 I understand that GOVT. OF GUJARAT may initiate debarment proceedings

against me if I abandon the assignment before its completion.

Signature of the Candidate

Signature of the Authorized Representative of the firm

Note: Each page of the CV shall be signed in ink by both the staff member and the

Authorized Representative of the fm. Photocopies will not be considered for

WORK PROGRAM AND TIME SCHEDULE FOR KEY PERSONNEL

MONTHS (in the form of Bar Chart) Reports Due:

Sl. Name Position Report Months Number of

No. Due / months

1 Sub Total (1)

2 Sub Total (2)

3 Sub Total (3)

4 Sub Total (4)

Field Full: Part Time:

FIELD INVESTIGATION

(1 , 2 etc. are months from the date of assignment)

Sl. No. Item of work / Activities Months

COMPLETION AND SUBMISSION OF REPORTS

S. No. Reports Program

(As per section 7.0 of TOR)

(Formats for Financial Proposal)

FINANCIAL PROPOSALS

Subject: Consultancy Service for Third Party Inspection, Quality Assurance

and Technical Audit Services for Various Ongoing Road and Bridge

Projects in Kapadwanj Taluka, District Kheda.

Regarding Price Proposal

I/We Consultant/consultancy firm herewith

*Price Proposal for selection of my/our firm/organization as Consultancy Service

for Third Party Inspection, Quality Assurance and Technical Audit Services for

Various Ongoing Road and Bridge Projects in Kapadwanj Taluka, District Kheda.

Yours faithfully,

(Authorized Representative)

*The Financial Proposal is to be filled strictly in the format given in RFP.

CONTRACT AGREEMENT

ROADS & BUILDINGS DEPARTMENT

Government of Gujarat

Consultancy Firm

Consultancy Service for Third Party Inspection, Quality Assurance and Technical

Audit Services for Various Ongoing Road and Bridge Projects in Kapadwanj

Taluka, District Kheda.

Name of Work: - Consultancy Service for Third Party Inspection, Quality

Assurance and Technical Audit Services for Various Ongoing Road

and Bridge Projects in Kapadwanj Taluka, District Kheda.

Contract Agreement

Sr. No. Description Page No.

I. CONTRACT FOR CONSULTANT'S SERVICES

II. GENERAL CONDITIONS OF CONTRACT

1. General Provisions

1.1 Definitions

1.2 Relation between the Parties

1.3 Law Governing the Contract

1.8 Authority of Member in Charge

1.9 Authorized Representatives

1.10 Taxes and Duties including G.S.T.

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

2.7.1 Definition

2.7.2 No Breach of Contract

2.7.3 Measures to be taken

2.7.4 Extension of Time

2.7.6 Consultation

2.9 Termination

2.9.1 By the Client

2.9.2 By the Client

2.9.3 By the Consultant

2.9.4 Cessation of Rights and Obligations

2.9.5 Cessation of Services

2.9.6 Payment upon Termination

3. Obligations of the Consultant

3.1.1 Standard of Performance

3.1.2 Law Governing Services

3.3.2 Conflict of Interests

3.2.1 Consultant not to Benefit from Commissions, Discounts etc.

3.2.2 Consultant and Affiliates not to be otherwise Interested in

3.2.3 Prohibition of Conflicting Activities

3.4 Liability of the Consultant

3.5 Insurance to be taken out by the Consultant

3.6 Accounting, Inspection and Auditing

3.7 Consultant's Actions requiring Client's prior Approval

3.8 Reporting Obligations

3.9 Documents prepared by the Consultant to be the Property of

3.10 Equipment and Materials furnished by the Client

4. Consultant's Personnel

4.2 Description of Personnel

4.3 Approval of Personnel

4.4 Working Hours, Overtime, Leave etc.

4.5 Removal and/or Replacement of Personnel

4.6 Resident Project Manager

5. Obligations of the Client

5.1 Assistance and Exemptions

5.2 Access to Land

5.3 Change in the Applicable Law

5.4 Services, Facilities and Property of the Client

6. Payment to the Consultant

6.1 Cost Estimates; Ceiling Amount

6.2 Currency of Payment

6.3 Mode of Billing and Payment

7. Responsibility for accuracy of the project document

7.2 Retention money

7.4 Action for deficiency in services

8. Fairness and Good Faith

8.2 Operation of the Contract

9. SETTLEMENT OF DISPUTES

9.1 Amicable Settlement

9.2 Dispute Settlement

III. SPECIAL CONDITIONS OF CONTRACT

Appendix A: Terms of reference containing, inter-alia, the Description of the

Services and Reporting Requirements

Appendix B: Consultant's Sub consultants, Key Personnel and Sub Professional

Personnel, Task assignment, work programme, manning schedule, qualification

requirements of key personnel, schedule for submission of various report.

Appendix C: Hours of work for Consultant's Personnel

Appendix D: Duties of the Client

Appendix E: Cost Estimate

Appendix F: Minutes of Financial/ contract Negotiations with the Consultant

Appendix G: Copy of letter of invitation

Appendix H: Copy of letter of acceptance

Appendix I: Format for Bank Guarantee for Performance Security

Appendix J: Minutes of the Pre-bid meeting

CONTRACT FOR CONSULTANT'S SERVICES

CONTRACT FOR CONSULTANT'S SERVICES

Name of Work: Consultancy Service for Third Party Inspection, Quality

Assurance and Technical Audit Services for Various Ongoing Road

and Bridge Projects in Kapadwanj Taluka, District Kheda.

This CONTRACT (hereinafter called the "Contract") is made at on

the - day of the month of between, on the one hand, Govt. of Gujarat, Executive

Engineer, R&B Division, Nadiad. (Hereinafter called the "Client the other hand,

(hereinafter called the "Consultant").

(A) the Client has requested the Consultants to provide certain consulting services

as defined in the General Conditions attached to this Contract (hereinafter

called the "Services");

(B) the Consultant having represented to the Client that they have the required

professional skills, expertise, personnel, financial and technical resources and

have agreed to provide the Services on the terms and conditions set forth in this

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral

part of this Contract:

(a) The General Conditions of Contract (hereinafter called "GC");

(b) The Special Conditions of contract (hereinafter called "SC"); -

(c) The following Appendices:

Appendix A: Terms of reference containing, inter-alia, the Description of the

Services and Reporting Requirements

Appendix B: Consultant’s Sub consultants, Key Personnel and Sub

Professional Personnel, Task assignment, work programme,

manning schedule, qualification requirements of key personnel,

and schedule for submission of various report.

Appendix C: Hours of work for Consultant's Personnel

Appendix D: Duties of the Client

Appendix E: Cost Estimate

Appendix F: Minutes of Financial/ Contract Negotiations with the Consultant

Appendix G: Copy of Letter of Invitation

Appendix H: Copy of Letter of Acceptance

Appendix I: Copy of Bank Guarantee for Performance Security

Appendix-J: Minutes of the pre-bid meeting

2. The mutual rights and obligations of the Client and the Consultant shall be as

set forth m the Contract; in particular:

(a) The Consultant shall carry out the Services in accordance with the provisions

of the Contract; and

(b) Client shall make payments to the Consultant in accordance with the provisions

of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed

in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF Witness

(Govt. of Gujarat) 1. Signature

Authorized Representative 2. Signature

FOR AND ON BEHALF OF

Authorized Representative Witness

GENERAL CONDITIONS OF CONTRACT

GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in

this Contracts have the following meanings:

(a) "Applicable Law means the laws and any other instruments having the force of

law in the Government's country as they may be issued and in force from time to time;

(b) "Contract" means the Contract signed by the Parties, to which these General

Conditions of- Contract are attached, together with all the documents listed in Clause

1 of such signed Contract;

(c) "Effective Date" means the date on which this Contract comes into force and effect

pursuant to Clause GC 2.1;

(d) "foreign currency" means any currency other than the currency of the Government;

(e) "GC" mean these General Conditions of Contract;

(f) "Government" means the Government of Gujarat;

(g) "Local currency" means the currency of the Government;

(h) "Member", in case the Consultant consists of a joint venture of' more than one

entity, means any of these entities, and "Members" means all of these entities;

(i) "Personnel" means persons hired by the Consultant or by any Sub-consultant as

employees and assigned to the performance of the Services or any part thereof;

"foreign Personnel" means such persons who at the time of being so hired had their

domicile outside India; and "local Personnel" means such persons who at the time of

being so hired had their domicile inside India;

(j) "Party" means the Client or the Consultant, as the case may be, and Parties means

(k) "Services" means the work to be performed by the Consultant pursuant to this

Contract for the purposes of the Project, as described in Appendix A hereto;

(1) "SC" means the Special Conditions of Contract by which these General Conditions

of Contract may be amended or supplemented;

(m) "Sub consultant" means any entity to which the Consultant subcontract any part of

the Services in accordance with the provisions of Clause GC 3.7; and

(n) "Third Party" means any person or entity other than the Government, the Client,

the Consultant or a Sub consultant.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master

and servant or of agent and principal as between the Client and the Consultant or

Personnel. The Consultant, subject to this Contract, has complete charge of Personnel

performing the Services and shall be fully responsible for the Services performed by

them or on their behalf hereunder.

1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the

Parties shall be governed by the Applicable Law.

This Contract has been executed in the language specified in the SC, which

shall be the binding and controlling language for all matters relating to the meaning or

interpretation of this Contract.

The headings shall not limit, alter or affect the meaning of this Contract.

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, telex, telegram or facsimile to such Party at the address specified in

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 GC 1.6.2.

The Services shall be performed at such locations as are specified in Letter of

Acceptance hereto and, where the location of a particular task is not so specified, at

such locations, whether in India or elsewhere, as the Client may approve.

1.8 Authority of Member in Charge

In case the Consultant is a joint venture of more than one entity, the Members hereby

authorize the entity specified in the SC to act on their behalf in exercising all the

Consultant's rights and obligations towards the Client under this Contract, including

without limitation the receiving of instructions and payments from the Client.

1.9 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted

to be executed, under this Contract by the Client or the Consultant may be taken or

executed ' by the officials specified in the SC.

1.10 Taxes and Duties

Unless otherwise specified in the SC, the Consultant shall pay all such taxes including

G.S.T., duties, fees and other impositions as may be levied under the Applicable Law

with respect to the subject matter of this Contract.

2. COMMENCEMENT, COMPLETION, MODIFICATION

AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date of the Client's notice

to the Consultant instructing the Consultant to begin carrying out the Services.

This notice shall confirm that the effectiveness conditions, if any, listed in the

SC have been met.

2.2 Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period after the date

of the Contract signed by the Parties as shall be specified in the SC, either Party

may, by not less than four (4) weeks. written notice to the other Party, declare

this Contract .to be null and void, and in the event of such a declaration by

either Party, neither Party shall have any claim against the other Party with

respect hereto.

2.3 Commencement of Services

The Consultant shall begin carrying out the Services at the end of such time period

after the Effective Date as shall be specified in the SC.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire

when services have been completed and all payments have been made at the end of

such time period after the Effective Date as shall be specified in the SC.

2.5 Entire Agreement

This Contract contains all covenants, stipulations 'and provisions agreed by the

Parties. No agent or representative of either Party has authority to make, and the

Parties shall not be bound by or be liable for, any statement, representation, promise

or agreement not set forth herein.

2.6 Modification

Modification of the terms and conditions of this Contract, including any modification

of the scope of the Services, can only be made by written agreement between the

Parties Pursuant to Clause GC 8.2 hereof, however, each party shall give due

consideration to any proposals for modification made by the other Party.

2.7 Force, Majored

2.7.1 Definition

(a) For the purposes of this Contract, "Force Majored" 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,

(b) Force Majored 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

(c) Force Majored shall not include insufficiency of funds or personnel 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 Majored, 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

2.7.3 Measures to be Taken

(a) A party affected by an event of Force Majored 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 Majored 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 Majored.

2.7.4 Extension of Time

Any period within which a Party, pursuant to this Contract, is required to complete

any action or task, such period shall be extended for a period equal to the time during

which such Party was unable to perform such action or task as a result of Force

Majeure. For extension of time no additional payment will be pay.

During the period of their inability to perform the Services as a result of an event of

Force Majored, the Consultant shall be entitled to be reimbursed for additional costs

reasonably and necessarily incurred by them during such period for the purposes of

the Services and in reactivating the Services after the end of such period.

2.7.6 Consultation

Not later than thirty (30) days after the Consultant, as the result of an event of Force

Majored, have become unable to perform a material portion of the Services or in case

the Client is not able to. perform any of its obligations, the Parties shall consult with

each ' other with a view to agreeing on appropriate measures to be taken in the

The Client may, by written notice of suspension to the Consultant, suspend all

payments to the Consultant hereunder if the Consultant fail to perform any of their

obligations under this Contract, including the carrying out of the Services, provided that

such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request

the Consultant to remedy such failure within a period not exceeding thirty (30) days

after receipt by the Consultant of such notice of suspension.

2.9 Termination

2.9.1 The Contract shall stand terminated:

a) if the Consultant fail to remedy a failure in (he 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

b) if the Consultant becomes (or, if the Consultant consists 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 Consultant (or, if the Consultant consists of more than one entity, if

any of their Members) ceases to carry on its business, or of any change taking

place in the composition or ownership of Consultant or reconstruction of the

Consultant or of any amalgamation/merger or other combination implying a

modification in the structure or in the control of the Consultant, Client shall

have the right to - terminate this Contract immediately by written notice

without prejudice to any of its rights under this Contract. Consultant undertakes

to inform the Client, should such events occur, by written notice within forty-.

eight hours of the occurrence of such event.

Provided that, if as part of such amalgamation or reconstruction, the property,

assets and undertaking of the Consultant are transferred to the amalgamated or

reconstructed entity and that the amalgamated or reconstructed entity has

Unconditionally assumed the obligations of the Consultant under this Contract

(i) the amalgamated or reconstructed entity has the technical capability and

operating experience necessary for the performance of its obligations under this

(ii) the amalgamated or reconstructed entity has the financial standing to

perform its obligations under this Contract and has a credit worthiness at least

as good as that of the Consultant;

(iii) The amalgamated or reconstructed entity submits following documents

and prove them to the satisfaction of the Client:

(iv) This Contract remains in full force and effect and binding on the

amalgamated and reconstructed entity;

2.9.2 By the Client

The Client may, by not less than thirty (30) days' written notice of termination

to the Consultant (except in the event listed in paragraph (d) 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 (d) of this Clause 2.9.2, terminate this Contract:

(a) if the Consultant fail to comply with any final decision reached as a

result of arbitration proceedings pursuant to Clause 9 hereof

(b) if the Consultant submit to the Client a statement or notice which has a

material effect on the rights, obligations or - interests of the Client and

which the Consultant know to be false;

(c) if, as the result of Force Majored, the Consultant is unable to perform a

material portion of the Services for a period of not less than sixty (60)

(d) if the Client, in its sole discretion and for any reason whatsoever,

decides to terminate this Contract.

(e) If the Consultant or any proposed Key Personnel is found to have submitted any

false declaration, forged document, fabricated experience certificate, misleading

curriculum vitae, or any other false or incorrect information during the bidding

process or during execution of the Contract.

(f) If the Consultant is blacklisted, debarred or suspended by the Government of

India, Government of Gujarat, MoRTH, NHAI or any Government Department

during the currency of this Contract.

(g) If the Consultant fails to disclose, or is found to have concealed, any Conflict of

Interest that materially affects the impartial performance of the consultancy

(h) If the Consultant repeatedly fails to deploy the approved Key Personnel, remains

absent from the project site without valid reasons, or repeatedly fails to carry out

mandatory inspections, quality control witnessing or reporting obligations despite

written notices from the Client.

(i) If the Consultant submits repeated incomplete, inaccurate or misleading

inspection reports or fails to maintain the prescribed quality assurance records and

supporting documents.

Termination under this Clause shall be without prejudice to the Client's right to

forfeit the Performance Security, recover any loss or damage suffered by the

Department, and initiate debarment proceedings in accordance with the applicable

Government policy.

2.9.3 By the Consultant

The Consultant may, by not less than thirty (30) day's written notice to the Client,

such notice to be given after the occurrence of any of the events specified in

paragraphs (a) through (d) of this Clause 2.9.3, terminate this Contract:

(a) if the Client fails to pay any money due to the Consultant pursuant to this

Contract and not subject to dispute pursuant to Clause 9 hereof within forty- five (45)

days after receiving written notice from the Consultant 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

Consultant may have subsequently approved in writing) following the receipt by the

Client of the Consultant's notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultant are unable to perform a

material portion of the Services for a period of not less than sixty (60) days; or (d) if

the Client fails to comply with any final decision reached as a result of arbitration

pursuant to Clause 9 hereof.

2.9.4 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon

expiration of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of

the Parties hereunder shall cease, except (i) such rights and obligations as may have

accrued on the date of termination or expiration, (ii) the obligation of confidentiality

set forth in Clause 3.3 hereof, (iii) the Consultant's obligation to permit inspection,

copying and auditing of their accounts and records set forth in Clause 3.6 (ii) hereof,

and (iv) ' any right which a Party may have under the Applicable Law.

2.9.5 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to

Clauses 2.9.1, 2.9.2 or 2.9.3 hereof, the Consultant shall, immediately upon dispatch

or receipt of such notice, take all necessary steps to bring the Services to a close in a

prompt and orderly manner and shall make every reasonable effort to keep

expenditures for this purpose to a minimum. With respect to documents prepared by

the Consultant and equipment and materials furnished by the Client, the Consultant

shall proceed as provided, respectively, by Clauses 3 -9 or 3.10 hereof.

2.9.6 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.9.1, 2.9.2 or 2.9.3 hereof, the

Client shall make the following payments to the Consultant (after offsetting against

these payments any amount that may be due from the Consultant to the Client):

(i) Remuneration pursuant to Clause 6 hereof for Services satisfactorily performed

prior to the effective date of termination.

(ii) Reimbursable expenditures pursuant to Clause 6 hereof for expenditures

actually incurred in satisfactory performance of Services prior to the effective date of

termination; and

(iii) Except in the case of termination pursuant to Clause 2.9.1 and paragraphs (a)

and (b) of Clause 2.9.2 hereof, reimbursement of any reasonable cost incident to the

prompt and orderly termination of the Contract.

3. OBLIGATIONS OF THE CONSULTANT

3.1.1 Standard of Performance

The Consultant shall perform the Services and carry out their obligations hereunder

with all due diligence, efficiency and economy, in accordance with generally accepted

professional techniques, principles and practices, and shall observe sound

management techniques and employ appropriate advanced technology and safe and

effective equipment, machinery, materials and methods. The Consultant shall always

act, in respect of any matter relating to this Contract or to the Services, as faithful

advisers to the Client, and shall at all times support and safeguard the Client's

legitimate interests in any dealings with Sub consultants or Third Parties.

3.1.2 Law Governing Services

The Consultant shall perform the Services in accordance with the Applicable Law and

shall take all practicable steps to ensure that any Sub consultants, as well as the

Personnel and agents of the Consultant and any Sub consultants, comply with the

Applicable Law. The Client shall advise the Consultant in writing of relevant local

customs and the Consultant shall respect such customs. Client shall not be liable for

any non-compliance of Applicable Law by the Consultant or Sub consultant as well as

the Personnel and agents of the Consultant and Sub consultants.

3.2 Conflict of Interests

3.2.1 Consultant not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall constitute the

Consultant's sole remuneration in connection with this Contract or 'the Services and

the Consultant shall not accept for their own benefit any trade commission, discount

or similar payment in connection with activities pursuant to this Contract or to the

Services or in the Discharge of their - obligations hereunder, and the Consultant shall

use their best efforts to ensure that any Sub consultants, as well as the Personnel and

agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2 Consultant and Affiliates not to be otherwise interested in Project

The Consultant agrees that, during the term of this Contract and after its termination,

the Consultant and any entity. affiliated with the Consultant, as well as any Sub

consultant and any entity affiliated with such Sub consultant, shall be disqualified

from providing goods, works or services (other than the Services and any continuation

thereof) for any project resulting from or closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultant nor their Sub consultant nor the Personnel of either of them

shall engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional activities in the

Government's country which would conflict with the activities assigned to them

under this Contract: or

(b) after the termination of this Contract, such other activities as may be specified

The Consultant, its Sub-consultants and the Personnel or agents of either of them shall

not, either during the term or within two, (2) years after the expiration or termination

of this Contract, disclose any proprietary or confidential information in relation to the

Project, the Services, this Contract or the Client's business or operations including

information relating to reports, data, drawings, designs, or other material or any

content thereof, whether provided by the Client or generated by the Consult ant,

without the prior written consent of the Client.

3.4 Liability of the Consultant

Subject to additional provisions, if any, set forth in the SC, the Consultant's liability

under this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be taken out by the Consultant

The Consultant (i) shall take out and maintain, and shall cause any Sub-consultants to

take out and maintain, at their (or the Sub-consultants', as the case may be) own cost

but on terms and conditions approved by the Client, insurance against the risks, and

for the coverage's, as shall be specified in the Special Conditions (SC), and (ii) at the

Client's request, shall promptly provide evidence to the Client showing that such

insurance has ' been taken out and maintained and that the current premiums there for

have been -paid. The insurance policies so procured shall mention the Client as the

beneficiary and the Consultant shall procure an undertaking from the insurance

company in this regard.

3.6 Accounting, Inspection and Auditing

The Consultant (i) shall keep accurate and systematic accounts and records in respect

of the Services hereunder, in accordance with internationally accepted accounting

principles and in such form and detail as will clearly identify all relevant time charges

and cost, and the bases thereof (including the bases of the Consultant's costs and

charges), duly audited by an independent chartered accountant firm having experience

of at least five (5) years, and (ii) shall permit the Client or its designated representative

periodically, and up to one year from the expiration ' or termination of this Contact, to

inspect the same and make' copies thereof as well as to have them audited by auditors

appointed by the Client.

3.7 Consultant's Actions requiring Client's prior Approval

The Consultant shall obtain the Client's prior approval in writing before taking any of

the following actions:

(a) Appointing such members of the Personnel as are listed in Appendix B;

(b) entering into a subcontract for the performance of any part of the Services, it

being understood (i) that the selection of the Sub-consultant and the terms and

conditions of the subcontract shall have been approved in writing by the Client prior

to the execution of the subcontract, and (ii) that the Consultant shall remain fully

liable for the performance of the Services by the Sub-consultant and its Personnel or

agents pursuant to this Contract;

(c) Any other action that may be specified in the SC.

3.8 Reporting Obligations

The Consultant shall submit to the Client the reports and documents specified in

Appendix A/E hereto, in the form, in the numbers and within the time periods set forth

in the said Appendix.

3.9 Documents prepared by the Consultant to be the Property of the – Client

All plans, drawings, specifications, designs, reports and other Document ts prepared

by the Consultant in performing the Services shall become and remain the property of

the Client, and the Consultant shall, not later than upon termination or expiration of

this Contract, deliver all such documents to the Client, together with a detailed

inventory thereof. The Consultant may retain a copy of such documents. Restrictions

about the future use of these documents shall be as specified in the SC.

3.10 Equipment and Materials furnished by the Client

Equipment and materials made available to the Consultant by the Client, or purchased

by the Consultant with funds provided by the Client, shall be the property of the Client

and shall be marked accordingly. Upon termination or expiration of this Contract, the

Consultant shall make available to the Client an inventory of such equipment and

materials and shall dispose of such equipment and materials in accordance. with the

Client's instructions. While in possession of such equipment and materials, the

Consultant, unless otherwise instructed by the Client in writing, shall insure them in

an amount equal to their full replacement value.

4. CONSULTANT'S PERSONNEL

The Consultant shall employ and provide such qualified and experienced

Personnel as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and estimated periods of

engagement in the carrying out of the Services of. each of the Consultant's Key

Professional / Sub Professional Personnel are described in Appendix - B.

(b) If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments

with respect to the estimated periods of engagement of Key Professional / Sub

Professional Personnel set forth in Appendix B may be made by the Consultant by

written notice to the Client, provided (i) that such adjustments shall not alter the

originally estimated period of engagement of any individual by more than 10% or one

week, whichever is larger, and (ii) that the aggregate of such adjustments shall not

cause payments under this Contract to exceed the ceilings set forth in Clause 6.1 (b) of

this Contract. Any other such adjustments shall only be made with the Client's written

(c) If additional work is required beyond the scope of the Services specified in Appendix

A, the estimated periods of engagement of Key Personnel set forth in Appendix B

may be increased by agreement in writing between the Client and the. Consultant,

provided that any such increase shall not, except as otherwise agreed, cause payments

under this Contract to exceed the ceilings set forth in Clause 6.1 (b) of this Contract.

4.3 Approval of Personnel

The Key Personnel and Sub-consultants listed by title as well as by name in

Appendix B are hereby approved by the Client. In respect of other Key Personnel

which the Consultant proposes to use in the carrying out of the Services, the

Consultant shall submit to the Client for review and approval a copy of their

biographical data. If the Client does not object in writing (stating the reasons for the

objection) within twenty-one (21) calendar days from the date of receipt of such

biographical data, such Key Personnel shall be deemed to have been approved by the

4.4 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Key Professional / Sub Professional Personnel

are set forth in Appendix C hereto. To account for .travel time, foreign

Personnel carrying out Services inside the Government's country. shall be

deemed to have commenced (or finished) work in respect of the Services such

number of days before their arrival in (or after their departure from) the

Government's country as is specified in Appendix C hereto.

(b) The Key Professional / Sub Professional Personnel shall not be entitled to be

paid for overtime nor to take paid sick leave or vacation leave except as

specified in Appendix C hereto, and except as specified in such Appendix, the

Consultant's remuneration shall be deemed to cover these items. All leave to be

allowed to the Personnel is included in the staff-months of service set for in

Appendix B. Any taking of leave by Personnel shall be subject to the prior

approval of the Client by . the Consultant, who shall ensure that absence for

leave purposes will not delay the progress and adequate supervision of the

4.5 Removal and/or Replacement of Personnel

(a) All of the proposed key personnel shall be available during implementation of

the Contract. The Client will not consider substitutions during Contract

implementation except under exceptional circumstances for the reason other

than death / extreme medical ground (i) for total replacement up to 33% of key

personnel, remuneration shall be reduced by 5%, (ii) for total replacement

between 33% to 50% remuneration shall be reduced by 10% and (iii) for total

replacement beyond 50% of the total of key personnel, the client may initiate

action for termination / debarment of such consultants for future projects of

GOVT. OF GUJARAT for period of 6 months to 18 months.

(b) The Consultant shall bear all travel and other costs arising out of or incidental

of any removal and/or replacement.

4.6 Resident Project Manager

If required by the SC, the Consultant shall ensure that at all times during the

Consultant's performance of the Services in the - Government's country a Resident

Project Manager, acceptable to the Client, shall take charge of the performance of

5. OBLIGATION OF THE CLIENT

5.1 Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best efforts to

ensure that the Government shall:

(a) provide the Consultant, Sub-consultants and Personnel with work permits and

such other documents as shall be necessary to enable the Consultant, Sub-

consultants or Personnel to perform the Services;

(b) assist for the Personnel and, if appropriate, their eligible dependents to be

provided promptly with all supporting. papers for necessary entry and exit visas

residence permits, exchange permits and any other documents required for their

(c) facilitate prompt clearance through customs of any property required for the

(d) issue to officials, agents and representatives of the Government all such

requests as may be necessary or appropriate for the and effective implementation

of the Services;

5.2 Access to Land

Subject to applicable laws, the Client warrants that the Consultant shall have,

free of charge, unimpeded access to all land in the Government's. country in respect of

which access is required for the performance of the Services. The Client will be

responsible for any damage to such land or any property thereon resulting from such

access and will indemnify the Consultant and each of the Personnel in respect of

liability for any such damage, unless such damage is caused by the default or

negligence of the Consultant or any Sub-consultants or the Personnel of either - of

5.3 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with

respect to taxes including G.S.T. and duties on the subject matter of this Contract or in

relation thereto, which increases or decreases the cost or reimbursable expenses

incurred by the Consultant in performing the Services, then the remuneration and

reimbursable expenses otherwise payable to the Consultant under this Contract shall

be increased or

decreased accordingly by agreement between the Parties hereto, and corresponding

adjustments shall be made to the ceiling amounts specified in Clause 6.1 (b).

5.4 Services, Facilities and Property of the Client

The Client shall make available to the Consultant and the Personnel, for the purposes

of the Services and free of any charge, the services, facilities and property described in

Appendix D at the times and in the manner specified in said Appendix D, provided

that if such services, facilities and property shall not be made available to the

Consultant as and when so specified, the Parties shall agree on (i) any time -extension

that may be appropriate to grant to the Consultant for the performance of the Services,

(ii) the manner in which the Consultant shall procure any such services, facilities and

property from other sources, and (iii) the additional payments, if any, to be made to

the Consultant as a result thereof pursuant to Clause 6.1 (c) hereinafter.

In consideration of the Services performed by the Consultant under this

Contract, the Client shall make to the Consultant such payments and in such manner

as is provided by Clause 6 of this Contract.

6. PAYMENT TO THE CONSULTANT

6.1 Cost Estimates; Ceiling Amount

(a) An abstract of the cost of the Services payable in local currency (Indian

Rupees) is set forth in Appendix E.

(b) Except as may be otherwise agreed under Clause 2.6 and subject to Clause

(c) he payments under this Contract shall not exceed the ceiling specified in the

SC. The Consultant shall notify the Client as soon as cumulative charges

incurred for the Services have reached 80% of the ceiling.

(d) Notwithstanding Clause 6.l(b) hereof, if pursuant to Clauses 5.4 hereof, the

Parties shall agree that additional payments shall be made to the Consultant in order to

cover any reasonable and necessary additional expenditures not envisaged in the cost

estimates referred to in Clause 6.l(a) above, the ceiling set forth in Clause 6.1 (b)

above shall - be increased by the amount or amounts, as the case may be, of any such

additional payments.

6.2 Currency of Payment

(a) The payment shall be made in Indian Rupees.

6.3 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows: -

(a) Supporting Documents for Running Account Bills

Every Running Account (RA) Bill submitted by the Consultant shall be accompanied by:

(i) Site Inspection Reports duly signed by the Consultant;

(ii) Geo-tagged site photographs indicating the date and location of inspection;

(iii) Quality Control/Test Reports witnessed or verified during the inspection;

(iv) Non-Conformance Reports (NCRs), if any, along with compliance status;

(v) Monthly Progress Report indicating the inspections carried out during the billing

(vi) Certification by the Executive Engineer or his authorized representative confirming

that the claim relates only to consultancy services rendered for works executed during the

consultancy period.

Any bill not accompanied by the above documents shall be treated as incomplete

and shall not be processed for payment until the deficiencies are rectified. Without

prejudice to the above, the Client shall also have the right to suspend whole or part of the

payments due to the Consultant in any of the following events:

(i) Failure to deploy the approved Key Personnel in accordance with the Contract;

(ii) Failure to carry out the mandatory site inspections or witness the specified quality control

tests as required under the Terms of Reference;

(iii) Failure to submit the prescribed Monthly Progress Reports, Inspection Reports, Test

Reports, Geo-tagged Photographs, Non-Conformance Reports (NCRs) or any other deliverables

within the stipulated time;

(iv) Submission of false, misleading or fabricated records, reports or certificates;

(v) Failure to comply with written directions issued by the Executive Engineer regarding quality

assurance or technical audit.

The suspension of payment shall remain in force until the Consultant has rectified the

deficiencies to the satisfaction of the Client. Such suspension shall not entitle the

Consultant to any extension of time or additional compensation.

(b) Payment Schedule / Method

The Consultancy Fee shall be released through Running Account (RA) Bills in proportion

to the value of construction work actually executed after the commencement date of

the consultancy and physically inspected, tested and certified by the Consultant during

the respective billing period. No payment shall be admissible for any work executed,

measured, certified or paid prior to the commencement of this consultancy agreement.

Payment shall be subject to submission of all required deliverables, including inspection

reports, quality control reports, geo-tagged photographs, Non-Conformance Reports (if

any), monthly progress report and certification by the Executive Engineer that the

claimed consultancy services have actually been rendered.

Eligible Value of Work Executed means: Value of work executed after commencement of

consultancy, physically inspected by the Consultant, and certified by the Executive Engineer.

Where: Performance Factor PF is,

 PF = 1.00 → All inspections and reports completed satisfactorily.

 PF = 0.90 → Minor deficiencies.

 PF = 0.75 → Significant deficiencies.

 PF = 0.00 → No inspection or non-deployment

The consultancy running bills shall be paid simultaneously with payment of

R.A. bills of Contractor from time to time or as per grant availability.

The payment will be made within 15 days after receiving the bill by the

in- c h a r g e Engineer subject to availability of grant / L.C. If any

discrepancy found to exist at any time between actual payment and cost

authorized to be incurred by consultants, the client may at any time

Kheda R & B division, Nadiad, Ayojan Bhavan Compound,

Nadiad – 387001 , Ph. NO. (0268) 2566404, Email :- [email protected]

, add or subtract the difference from any subsequent payment.

(i) The consultant shall have to provide / deploy adequate nos. of quality

Engineer and quality Inspector as per need of the work and / or as

directed by the Executive Engineer, R & B Division, Nadiad or his

authorized representative.

The consultants shall submit their duly filled in & signed time sheet to

the Executive Engineer, Kheda R&B Division. Nadiad, Ayojan

Bhavan Compound, Nadiad – 387001 , Ph. NO. (0268) 2566404 along

with the monthly progress report.

(ii) G.S.T. / Income tax / service tax and any other taxes arise from time to

time shall be deducted from each bill.

(iii) Advance payment shall not be made.

(iv) Payment will be paid in Indian Rupees only.

(v) Final payment shall be made only after the final report and final

statement, have been submitted by the consultants and approved as

satisfactory by the client.

(vi) The consultancy fee for inspection will be paid according to the amount

paid to the contractor.

(c) No payment shall become eligible for the next stage till the Consultant

completes to the satisfaction of the Client the work pertaining to the preceding

stage. The payment for the work of sub-soil investigation (Boring) will be as

per plan approved by the Client and will be paid as per actual at the rates

quoted by the Consultant. The payment for the quantity given by the Client for

boring will be deemed to be included in the above mentioned payment

schedule. Any adjustment in the payment to the Consultant, in the sole

discretion of the Client, be made in the payment for any stage or in the final

payment. The Client shall pay to the Consultant only the undisputed amount.

(d) Subject to Clause 6.3 (b), the Client shall cause the payment of the Consultant

in Para 6.3 (a) above as given in schedule of payment within thirty (30) days

after the receipt by the Client of bills. Interests at the rate specified in the SC

shall become payable as from the above due date on any amount due by, but

not paid on, such due date.

(e) 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 Consultant

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, which shall be deemed to be a notice

under Clause 2.8 hereof, to the Consultant specifying in detail deficiencies in the

Services, the final report or final statement. The Consultant shall thereupon promptly

make any necessary corrections at its risk and cost, and upon completion of such

corrections, the for Govt. of Gujarat 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 Consultant to the Client within thirty (30) days after receipt by the

Consultant 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.

(f) All payments under this Contract shall be made to the account of the

Consultant specified in the SC."

7. Responsibility for Accuracy of Project Documents

7.1.1 Notwithstanding Clause 6.3(e) the Consultant shall be responsible for accuracy

of the data collected, by him directly or procured from other agencies/authorities, the

designs, drawings, estimates and all other details prepared by him as part of these

services. He shall indemnify the Authority against any inaccuracy in the work which

might surface during implementation of the ~Poject. The Consultant will also be

responsible for correcting, at his own cost and risk, the drawings including any re-

survey / investigations and correcting layout etc. if required during the execution of

7.1.2 Not with standing Clause 6.3(d) the Consultant shall be fully responsible for

the accuracy of design and drawings of the Highway road & Bridge. All the designs

and drawings for highway and structures including all. their components shall be fully

checked by a Senior Engineer after completion of the designs. All drawings for

highway and structures shall be duly signed by the (a) Designer, (b) Senior Checking

Engineer, and (c) Senior Highway / Structure Expert. The designs and drawings not

signed by the three persons mentioned above shall not be accepted. The Consultant

shall indemnify the Client against any inaccuracy / deficiency in the designs and

drawings of the highway and structures noticed during the construction and even

thereafter and the Client shall bear no responsibility for the accuracy of the designs

and drawings submitted by the Consultant.

7.1.3 The survey control points established by the Consultant shall be protected by

the Consultant, at its risk and cost, till the completion of the Consultancy Services.

7.2. Retention Money

An amount equivalent to 5% of each Running Account Bill shall be retained by the Client

as Retention Money.

The Retention Money shall be released only after:

(i) Completion of all civil works covered under the consultancy;

(ii) Submission of the Final Quality Assurance Report, Final Technical Audit Report and all

other contractually required documents by the Consultant;

(iii) Acceptance of the Final Reports by the Executive Engineer;

(iv) Rectification of all deficiencies, observations and Non-Conformance Reports (NCRs),

if any, to the satisfaction of the Client; and

(v) Settlement of all contractual obligations under this Agreement.

The Client shall have the right to adjust from the Retention Money any recoveries,

penalties, compensation or other dues payable by the Consultant under the Contract.

7.3.1. Penalty for Error/Variation

7.3.2. Penalty for delay

In case of delay in completion of services, a penalty equal to 0.05% of the

contract price per day subject to a maximum 5% of the contract value will be imposed

and shall be recovered from payments due/performance security. However, in case of

delay due to reasons beyond the control of the consultant, suitable extension of time

will be granted.

7.4 ACTION FOR DEFICIENCY IN SERVICES

7.4.1 Consultant liability towards the Client

Consultant shall be liable to indemnify the Client for any loss or damage

accrued or likely to accrue due to deficiency in service rendered by him which shall

include any or all cost and expenses incurred by the Client in removing the deficiency

in Service including engaging any other consultant.

7.4.2 Warning / Debarring

In addition to the penalty as mentioned in para 7.3, warning may be issued to

the erring. Consultant for minor deficiencies. In the case of ' major deficiencies in the

Feasibility- cum-Preliminary Design Report causing adverse effect on reputation of

the Client, other penal action including debarring the Consultant for certain period

may also be initiated as per policy of Govt. of Gujarat.

8. FAIRNESS AND GOOD FAITH

The Parties undertake to act in good faith with respect to each other's rights

under this Contract and to adopt all reasonable measures to ensure the realization of

the objectives of this Contract.

8.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every

contingency which may arise during the life of the Contract, and the Parties hereby

agree that it is their intention that this Contract shall operate fairly as between them,

and without detriment to the interest of either of them, and that, if during the term of

this Contract either Party believes that this Contract is operating unfairly, the Parties

will use their best efforts to agree on such action as may be necessary to remove the

cause or causes of such unfairness, but no failure to agree on any action pursuant to

this Clause shall give rise to a dispute subject to arbitration in accordance with Clause-

9. SETTLEMENT OF DISPUTES

9.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out

of or in connection with this Contract or the interpretation thereof.

9.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract

which cannot be settled amicably within thirty (30) days after receipt by one Party of

the other Party's request for such amicable settlement may be submitted by either

Party for settlement in accordance with the provisions specified in the SC.

SPECIAL CONDITION FOR QA & TA CONTRACT FOR THE WORK

Notwithstanding the stipulated time specified for the work for which the QA & TA contract

is awarded, the consultant for such services has to give his services until the corresponding

work is completed I all respect by the contractor of the work. The consultancy services shall

be related with the complete quantum of the work, and not for the period. If, due to one or

another reason the period of work prolongs, the consultant will not be entitled for any extra

payment for such extended time and he is bound to give his services till the total work is

completed. In no case proposal from consultant’s end will be considered for payment on basis

of time elapsed during progress of the work for which their services are taken. The contract

for consultancy shall be based on full quantum of the work stipulated in the main contract of

Executive Engineer

SPECIAL CONDITIONS OF CONTRACT

Number of GC Clause

A. Amendments of, and Supplements to, Clauses in the General Conditions

1.1 (a) The words "in the Government's country". are amended to read "in INDIA''

1.4 The language is: English

1.6.1 The addresses are:

For the Client:

Executive Engineer

Kheda R&B Division. Nadiad

Ayojan Bhavan Compound,

Nadiad – 387001

Attention Superintending Engineer

R&B Circle No. 1, BLOCK NO : A, 6th Floor,

Multi Storey Building, Opp. Himalaya Mall,

Vastrapur Govt. Colony

Ahmedabad-380 052, Ph. NO. 079 -

For the Consultant:

1.6.2 Notice will be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery;

(b) in the case of telexes, 24 hours following confirmed transmission.

(c) In the case of telegrams, 24 hours following confirmed transmission; and

(d) In the case of facsimiles, 24 hours following confirmed transmission.

Entity to Act as Member in charge (In case of Joint Venture of Consultant):

Not Applicable.

The Authorized Representatives are:

For the Client:

Executive Engineer, R&B Division, Nadiad.

For the Consultant:

Chief General Manager

1.10 The Consultant and the Personnel shall pay the taxes including G.S.T., duties,

fees, levies and other impositions levied under the existing, amended or

enacted laws as applicable to them) during life of this Contract and the Client

shall perform such duties in regard to the deduction of such tax including

G.S.T.as may be lawfully imposed.

2.1 The effectiveness conditions are the following:

a) The Contract has been approved by the Govt. of Gujarat.

b) The consultant has to furnish within 10 days of the issue of Letter of Acceptance,

an unconditional Bank Guarantee from the Bank (G e n e r a l l y , by SBI or

its subsidiaries or any Indian nationalized bank for an amount equivalent to

% of the total contract value to be received by him towards Performance

Security valid for a period of one year beyond the date of completion of

Services. The Bank Guarantee will be released by Govt. of Gujarat upon expiry

of twelve months beyond the date of completion of services and rectification

of errors if any, found in the Services. In the event the Bank Guarantee or any

portion thereof is enchased by the Client, then immediately following such

encashment, the Consultant shall replenish the Bank Guarantee.

2.2 T h e time period of the work contract for the project on which Q.A. & T.A. is

required shall be one month after completion of the project by the contractor.

3.4 Limitation of the Consultant's Liability towards the Client

(a) Except in case of negligence or willful misconduct on the part of the

Consultant or on the part of any person or firm acting on behalf of the

Consultant in carrying out the Services, the Consultant, with respect to damage

caused by the Consultant to the Client's property, shall not be liable to the

(i) For any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds (A) the total payments for

Professional Fees and Reimbursable Expenditure made or expected to be made

to the Consultant hereunder, or (B) the proceeds the Consultant may be

entitled to receive from any insurance maintained by the Consultant to cover

such a liability, whichever of (A) or (B) is higher.

(b) This limitation of liability shall not affect the Consultant's liability, if any, for

damage to Third Parties caused by the Consultant or any person or firm acting

on behalf of the consultant in carrying out the service

3.5 The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance as required under Motor Vehicles

Act, 1988 in respect of motor vehicles operated in India by the Consultant or

their Personnel or any Sub consultants or their Personnel for the period of

(b) Third Party liability insurance with a minimum coverage, for Rs. 1.00 million

for the period of consultancy.

(c) Professional Liability Insurance as per 3.4 (a) (ii) of SC of the Contract, with a

minimum coverage equal to estimated remuneration and reimbursable.

(d) Employer's liability and workers' compensation insurance in respect of the

Personnel of the Consultant and of any Sub consultant, in accordance with the

relevant provisions of the Applicable Law, as well as, with respect to such

Personnel, any such life, health, accident, travel or other insurance as may be

appropriate; all insurances and policies should start from the date of

commencement of Services and remain effective as per relevant requirements

of Contract. The Consultant shall not use these documents for purposes

unrelated to this Contract without the prior written approval of the Client.

4.6 The person designated as Senior Highway Engineer cum Team Leader in

Appendix B shall serve in that capacity, as specified in Clause 4.6.

6.1 (b) The ceiling amount in local currency is Rs. Lacs (Including G.S.T.)

6.3 (a) No advance payment will be made.

6.3 (d) the interest rate is: 12% per annum

6.3 (f) the account is:

9.2 Disputes shall be settled by arbitration in accordance with the following

9.2.1 Selection of Arbitrators

Each dispute submitted by a Party to arbitration shall be heard by a sole

arbitrator or an arbitration panel composed of three arbitrators, in accordance.

with the following provisions:

a) Where the Parties agree that the dispute concerns a. technical matter, they may

agree to appoint a sole arbitrator or, failing agreement on the identity of such

sole arbitrator within thirty (30) days after receipt by the other Party of the

proposal of a name for such an appointment by the Party who initiated the

proceedings, either Party may apply to the President, Indian Roads Congress,

New Delhi, for a list - of not fewer than five nominees and, on receipt of such

list, the Parties shall alternately strike names there from, and the last remaining

nominee on the list shall be the sole arbitrator for the matter in dispute. If the

last remaining nominee has not been determined in this manner within sixty

(60) days of the date of the list, the president, Indian Roads Congress, New

Delhi, shall appoint, upon the request of either Party and from such list or

otherwise, a sole arbitrator for the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a technical matter, the

Client and the Consultant shall each appoint one arbitrator, and these two

arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration

panel. If the arbitrators named by the Parties do not succeed in appointing a

third arbitrator within thirty (30) days after the later of the two arbitrators

named by the Parties has been appointed, the third arbitrator shall, at the

request of either Party, be appointed by Secretary, the Indian Council of

Arbitration, New Delhi.

(c) If, in a dispute subject to Clause SC 9.2.1 (b), one Party fails to appoint its

arbitrator within thirty (30) days after the other Party has appointed its

arbitrator, the Party which has named an arbitrator may apply to the Secretary,

Indian Council of Arbitration, New Delhi, to appoint a sole arbitrator for the

matter in dispute, and the arbitrator appointed pursuant to such application shall

be the sole arbitrator for that dispute.

9.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with' procedure of

the Arbitration & Conciliation Act 1996, of India unless the Consultant is a foreign

national/firm, where arbitration proceedings shall be conducted in accordance with the

rules of procedure for arbitration of the United Nations Commission on International

Trade Law (UNCITRAL) as in force on the date of this Contract.

9.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substitute

shall be appointed in the same manner as the original arbitrator.

9.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a)

through (c) of Clause 8.2.1 hereof shall be a legal or technical expert with extensive

experience in relation to the matter in dispute.

9.2.5 Miscellaneous

In any arbitration proceeding hereunder:

(a) Proceedings shall, unless otherwise agreed by the Parties, be held in

(b) The English language shall be the official language for all purposes; and [Note:

English language may be changed to any other Language, with the agreement

of both the Parties.]

(c) the decision of the sole arbitrator or of a majority of the arbitrators 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.

(e) In all cases fee structure could be fixed in consultation with the contractor/

supervision consultants and with the specific approval of the C.E. & AS

(R&B), Govt. - of Gujarat before appointment of the Arbitrator.

Executive Engineer

Name of Work: Consultancy Service for Third Party Inspection, Quality

Assurance and Technical Audit Services for Various Ongoing

Road and Bridge Projects in Kapadwanj Taluka, District

SPECIAL CONDITION

Term-Composition & Staff:

 The work involved Engaging Service Provider for Providing Consultancy and Contracting

Service for hiring quality control field staff for assisting in collection of samples, conducting

tests etc. for quality assurance and technical audit for the following four work of

Consultancy Service for Third Party Inspection, Quality Assurance and Technical

Audit Services for Various Ongoing Road and Bridge Projects in Kapadwanj

Taluka, District Kheda. for all the works progress in simultaneously and shall be carried

out providing sufficient no. of technical team with experience persons in consultation with

the Engineer in charge.

- Signature of the Consultant

Executive Engineer

Kheda (R&B) Division

Name of Work: Consultancy Service for Third Party Inspection, Quality Assurance and

Technical Audit Services for Various Ongoing Road and Bridge Projects in Kapadwanj

Taluka, District Kheda.

SPECIAL CONDITION

Consultant has to provide Highway Engineer / Quality Control

Engineer & (Civil Engineer) as and when required by the Engineer In-charge during the

execution of work.

- Signature of the Consultant

Executive Engineer

Kheda (R&B) Division

TERMS OF REFERENCE FOR CONSULTANCY FIRM

Government of Gujarat

ROADS & BUILDINGS DEPARTMENT

Name of work: - Consultancy Service for Third Party Inspection, Quality

Assurance and Technical Audit Services for Various Ongoing Road

and Bridge Projects in Kapadwanj Taluka, District Kheda..

Consultancy Services for Technical Audit and Quality

Assurance Contract Between

ROADS & BUILDINGS DEPARTMENT

TERNIS OF REFERENCE

(THE CONSULTANT) TERMS OF REFERENCE FOR CARRYING OUT THE

Consultancy Service for Third Party Inspection, Quality Assurance and Technical

Audit Services for Various Ongoing Road and Bridge Projects in Kapadwanj

Taluka, District Kheda.

1.0 INTRODUCTION AND BACK GROUND

1.01 The Government of Gujarat (GOG) is intended to execute the work of

Consultancy Service for Third Party Inspection, Quality Assurance and Technical

Audit Services for Various Ongoing Road and Bridge Projects in Kapadwanj

Taluka, District Kheda.

1.02 The proposed project is to be carried out at FOR THE WORK OF Consultancy

Service for Third Party Inspection, Quality Assurance and Technical Audit

Services for Various Ongoing Road and Bridge Projects in Kapadwanj Taluka,

District Kheda. R & B Dept. intends to hire consultants for TA/QA Consultancy

1.03 The project for FOR THE WORK OF Consultancy Service for Third Party

Inspection, Quality Assurance and Technical Audit Services for Various Ongoing Road

and Bridge Projects in Kapadwanj Taluka, District Kheda. involves other road safety and

road furniture items.

1.04 In order to achieve high standards in quality of road construction works, R&B

Dep’t. is intended to hire consultancy services for providing Quality Assurance

and Technical Audit of work being carried out. Primarily responsibility of day

to day supervision of works will be that of R&BD engineers and consultant's

role shall be Quality Assurance and Technical Audit of works.

2.01 The main objective of these consulting services to conduct Q.A. & technical

audits for the execution of the project namely Consultancy Service for Third Party

Inspection, Quality Assurance and Technical Audit Services for Various Ongoing

Road and Bridge Projects in Kapadwanj Taluka, District Kheda. whereby the

consultant will render professional services to improve the quality of construction of

2.02. To ensure achieving high standard in quality of construction works.

2.03 To ensure that works to be carried out as per MOSRT&H technical

specifications, Drawings, established standard codes and sound engineering

2.04 To assist R&B Dept, for quality of works being executed, comply with the

quality norms & standards laid down in contract specifications.

2.05 To provide quality assurance & technical audit and advisory services for the

works being executed under MOSRT&H specifications.

3.0 SCOPE OF SERVICES

3.01 Estimated level of services:

R & B has assessed the expertise required for carrying out the assignment for above

said work as follows for time period of 11 months or up to completion of project.

Sl. Specialist / Position Person months

1 Senior Highway Engineer cum Team Leader (1 1 x 7 – Days / m x 11 = 77 days

2 Structure Engineer (1 Nos.) 1 x 7 – Days / m x 11 = 77 days

3 Quality Engineer For Highway & Bridge Work 2 x 30 – Days /m x 11 = 660 days

(laboratory) (2 Nos.)

4 Site Supervisor for Highway & Bridge 4 x30 days / m x 11 = 1320 days

Construction Work (4 No.)

5 Lab Technician (4 No.) 4 x30 days / m x 11 = 1320 days

6 Road Safety Auditor (1 Nos.) 15 days @ starting Of Work And

15 Days @ Completion of Work

7 Engineer for liasioning at Division work (1 Nos.) 1 x 30 days / m x 11 = 330 days

Note: The above-mentioned days shall be calculated for a period of 11 months.

However, the actual number of days shall be considered based on the actual completion

period of the project.

The deployment of the above personnel shall be linked with the actual progress of construction

activities and not merely with the elapsed contract period. The Consultant shall ensure the

presence of the appropriate Key Personnel during all critical construction activities including,

but not limited to, earthwork, subgrade, GSB, WMM, DLC, PQC, DBM, BC, bridge foundations,

substructure, superstructure, bearing installation, expansion joints, crash barriers and other

major construction activities. The Executive Engineer or his authorized representative may

require the deployment of any Key Personnel during such activities, and the Consultant shall

ensure their availability accordingly. Failure to deploy the required personnel during critical

activities shall be treated as deficient performance and may result in proportionate deduction in

consultancy fees or other action as per the Contract.

TEAM COMPOSITION AND STAFF QUALIFICATIONS

3.02.1 Eligibility Criteria for Senior Highway Engineer Cum Team Leader is

as per Data sheet.

3.02.2 Eligibility Criteria for Highway Engineer is as per Data sheet.

3.02.3 Eligibility Criteria for Quality Engineer for Highway and Bridge work

(laboratory)is as per Data sheet.

3.02.4 Eligibility Criteria 8 Nos. of Laboratory In charge cum Construction

Supervisor is as per of Data sheet.

3.02.5 Eligibility Criteria for 1 No Of Engineer for Liasioning work

with Division for D a y to day work is Diploma / BE in CIVIL

Engineer having more than 20 years’ experience of Liasioning work or

work within Road & Building Department.

The consultant shall provide an Engineer as to be approved by Executive

Engineer, Kheda R & B Department for day to day routine work

,liasioning with division office for entire period of this contract

agreement. The cost torwards the service of the engineer shell be

deemed to be included in the cost this contractual work. No extra

payment shall be paid for providing the service of the engineer

separately to the consultant.

3.03 The consultant shall familiarize himself, with the help of sample

surveys, visits and inspections in the field and by examination initially

of one set of documents such as detailed estimates, contract documents,

including specifications, interim certificates, quality control test results

and other relevant documents as per 3.04.

3.04 The technical auditor will examine that the description, procedure and

quantity of works accurately reflects conditions in the field; work

progress monitoring and field supervision - procedures have. been

followed correctly; site journals, reports of site meetings, and other

documents are maintained in accordance with the Procedures acceptable

3.05 Assist and guide the R&B staff in interpretation of the technical specification,

etc. as and when required

3.06 Review of contractor's detailed work programme, suitability of contractor's key

person, construction methods and test results of construction materials and

workmanship and suggest necessary action and rectifications if required on

these activities.

3.07 Assist R&B in implementation of quality control measures to ensure quality' of

work, and also in approval of field-testing laboratories in respect of facilities,

adequacy, arrangements, equipments and staff as per contract document.

3.08 Review the construction methods proposed by the contractor for carrying out

the works to ensure that these are satisfactory with particular reference to the

technical requirements, the Project Implementation Schedule and

environmental aspects, as well as safety of the works, property, personnel and

the general public. Review the test results / certificates of all construction

materials and the sources for assessing their suitability in works.

3.09 Develop standard form and procedures to ensure a proper Quality Control

System to be implemented for materials and workmanship.

3.10 The Consultant shall maintain a Test Witness Register for all quality control tests

witnessed during the execution of the works. The Register shall contain, as a

minimum, the following particulars:

(i) Date of inspection;

(ii) Name of work and location/chainage;

(iii) Description of construction activity;

(iv) Type of quality control test witnessed;

(v) Test result and acceptance criteria;

(vi) Observations and remarks of the Consultant;

(vii) Details of any Non-Conformance Report (NCR), if issued;

(viii) Signature of the Consultant's representative witnessing the test; and

(ix) Signature of the Contractor's representative or laboratory representative,

wherever applicable.

The Test Witness Register shall form part of the Monthly Progress Report and shall be

produced whenever required by the Executive Engineer or any audit, vigilance or inspection

3.10 Assist the R&BD on technical supervision of the works to ensure the quality

and in conformity with the standards and specifications prescribed in the

contract and review the frequency of quality control test.

3.11 Assist R&B Dept. during inspection about the contractor's equipment /

machinery employed for road construction works so as to determine their

suitability for work at site. Assistance shall also be provided during periodic

inspection of machines / equipment. Also review the suitability of source of

materials and their quality on the basis of inspection, test results, manufacturers

certificate etc.

3.12 If the consultant considers any items of work substandard or unacceptable, he

will inform the contractor as well as R&BD of any rectification required in

writing, providing full justification thereof with all necessary supporting data.

3.13 Inspect the works on substantial completion before take over and indicate to the

contractor / R&BD any rectification required and any outstanding work to be

carried by the contractor during the Defects Liability Period.

3.14 Assist the R&BD in monitoring progress of the works at regular intervals

through modern aids such as computer aided project management techniques.

Also review and assist R&BD staff in effective implementation of Quality

control /Assurance system.

3.15 Prepare monthly reports and final technical audit report (in six copies) fully

describing the progress of the works and the assistance given by the consultant

during the month under review, indicating also the problem areas and actions

required to overcome them by the relevant authority.

3.16 Recommendations regarding the methods and procedures for the evaluation

and the system for monitoring of the conditions of the road after the project

3.17 Consultant is expected to perform at least one set of material testing at each

plant site and to certify the materials to be used. Also, Consultant shall

assist/check, Methodology and testing for as per 5th Revision of MORT&H

specification, testing of items as per requirement of 5th Revision MORT&H

Specification. Consultant shall collect independently at least one set (THREE

CORES) of core to be taken for each 500-meter length of road or part thereof

for each layer of completed bituminous pavement, and the samples of core to

be tested and complete analysis e.g. indicating density, asphalt content and

thickness of layer is to be reported. Thickness of the laid surface is to be

checked for each layer in every 500- m e t e r length of road and to be

certified. The tests for Density and Bitumen content shall be conducted in

laboratories mentioned here with in Para 3.11, 3.22 and the cost of testing shall

be born by R&B D/Contractor as mentioned in works tender. The core cutting

machine shall be made available at each sampling location of work site and

core cost of core cutting machine, sampling, testing, transportation and operation shall

be borne by R&BD.

3.18 Consultant shall recommend to R&BD to grant the permission to start the work

on the basis of quality check of materials on plant site, Plant and machinery,

laboratory facility, Weigh Bridge and any other requirements related to tender.

3.19 More over for complete work OR completed items (each layer of work) check

for dimension of thickness of each layer & width of road, shoulders / hard

side shoulders and earth work, camber, super elevation, grade, shall be

performed at every 500 Mt. interval and reported accordingly. Also inspect the

work on completion / substantial completion before taking over in order to

identify the balance work and rectification of defects to be carried out by

contractor during defect liability period.

3.20 Also, other items like bridge & road work shall be checked in accordance with

standard specification and design and as per tender provisions.

3.21 Each quality aspects shall be reported road wise and item wise as summary

report periodically to R&BD. Also, consultant shall furnish the summary of QC

test results conducted for each activity of work and furnish a QC Certificate

(regarding quality of material and workmanship and performance) along with

contractors each invoice (RA BILLS)

3.22 Final report shall have concluding remarks (Road wise- Item wise) about

overall quality of road. Also, consultant shall recommend the methods and

procedures for evaluation and system for monitoring the condition of road.

3.23 The consultant shall conduct technical audit of works. In addition to regular

audit activities of works the auditor shall also examine the following: -

A) The description, procedure, and quality of works executed accurately reflect the

requirements as per prevailing site condition.

(B) R&BD site staff has followed correctly or not the system for monitoring of

work progress and supervision of works

(C) System followed for maintenance and documentation of site instruction book,

reports, minutes of meetings and other documents are being followed correctly

and in accordance with the procedures acceptable to R&BD or not,

3.24 Carryout a Road Safety Audit of the Road of the pavement through a qualified

& experience Road safety Auditor as per manual of Road safety Audit IRC-

2009 Main following points to be considered in road safety Audit.

Geometry Important

Black spots Improvement

Horizontal Curve Improvement

Vertical Curve Improvement

Junction Design Improvement

Stopping/Parking/Intersection/Design sign Distance etc.

4.0 OFFICE ACCOMMODATION

The office of consultant's team leader shall be maintained at Kheda District. The

head quarter of Resident Engineer / Regional Team leaders shall be at Kheda District. It

is expected that the Consultants will set up field offices for consultant’s quality

engineers’ team as indicated – below. The team leader is expected to attend review

meetings at Site office, once a week.

Sl. Specialist / Position Nos of Proposed location of

No. Person Offices

1 Senior Highway Engineer cum 1 Head office at Kheda District

2 Structure Engineer 1 Head office at Kheda District

3 Quality Engineer For Highway & 2 Head office at Kheda District

Bridge Work (laboratory)

4 Site Supervisor for Highway Road & 4 Field office at site of

Bridge Construction Work Location

5 Lab Technician 4 Field office at site of

6 Road Safety Auditor 1 Head office at District

7 Engineer of Liaisoning work 1 Kheda R&B Division

5.0 LABORATORIES

5.01 Laboratories of Contractor / GERI / Polytechnic / Engineering colleges /

recognized Pvt. Labs shall be used. Also, according to contract conditions, the

contractor shall provide a fully equipped field- t e s t i n g laboratory. T h e

consultant will have full access to witness / supervise the tests in contractor's

laboratories during contract implementation period.

5.02 The Consultant has to make arrangement of core cutting machine from the

concerned agency of the work, R&B will assist the consultant to procure the

same free of cost.

6.01 Consultancy services are required for a period up to one month after the

completion of work by the contractor for the WORK OF all road & Bridge works.

6.02 If The time for completion of the original work is extended by the Competent Authority,

the Consultant shall continue to provide the consultancy services during such extended

period without any additional payment, provided that there is no change in the original

scope of consultancy services. In case the Employer substantially increases the scope of

consultancy services by inclusion of additional works or activities not covered under this

Contract, the additional remuneration, if any, shall be decided separately with the

approval of the Competent Authority. No extra payment will be made if the time limit of

original work will be extended

7.0 REPORTING REQUIREMENTS

7.01 Reports required to be submitted in six copies (on CD and typed--hard copy) to

R&B include the following:

 Monthly reports on the activities, tests carried out, progress and major

issues and the observations by the Consultant.

 Quarterly report covering summary of progress and quality checks (item

wise and work wise) with remedial measures and penalty measures.

 Final report containing work wise detailed report of quality and other

relevant information.

 Final Work wise quality certificate covering over a1 view of quality and

The proposed schedules for submission of various reports are as follows.

Serial Report Time of submission

1 Quality Assurance Manual for the entire Withi n 15 days for commencement

project covering type and nature of QC tests of services

to be conducted, acceptance criteria,

frequency of tests, Standard Observation

sheets and documentation.

2 Monthly Reports on the activities in For every month by 20th date in

Progress and major issues and the following month

observation of the consultant’s engineer

3 Quarterly Report covering summary of By the end of every quarter of

progress and quality checks (Activity wise assignment within 20 days after the

for each Bridge/ROB), results of audit notes expiry of quarter

including remedial measures if suggested

and nonconformance report and their

4 Final completion report including status of Within one month after completion of

audit notes, NCR and its disposal and status consultancy assignment

of Quality Control Tests conducted along

with require frequency and result of QC

5 Certificate regarding Quality of work for Within one month after completion of

individual Bridge work executed for each work.

activity of work and

6 Recommendations regarding methods and Within one month after completion of

procedures for evaluation and the system consultancy assignment

for monitoring the condition of roads after

8.0 DATA AND ASSISTANCE TO BE PROVIDED BY THE CLIENT

8.01 The following will be provided by R&B:

Copies of estimates and contract agreements, work orders and tenders between

R&B and Contractors.

Access to all other necessary data and facilitation of consultations required for

the performance of the consultant's duties.

9.0 CONSULTANT'S RESPONSIBILITY

In addition to what is specified under the scope of services the consultant shall

be responsible for

9.01 The consultant will be responsible for providing all other necessary facilities

and logistical support for him / herself and supporting staff, including

accommodation, transportation, office equipment, communications, utilities,

office supplies, and other support requirements.

10.0 CONTRACTUAL ARRANGEMENT

10.01 The consultant's contract will be with R&BD and will be Consultancy services

11.0 PAYMENT SCHEDULE

11.01 The consultancy fee shall be paid for in Indian Rupees only.

11.02 The Consultancy RA Bill shall be paid simultanuly with payment of R A bill of

contractor for the time to time or as per grant availability.

12. 0 D E F E C T LIABILITY

12.01 10 % of the amount of each interim bill, i.e. monthly bill for the consultancy

services shall be deducted as defect liability guarantee. The same shall be paid

back on the written demand, and on the basis of recommendation of concerned

Executive Engineer, after the completion of one monsoon.

Executive Engineer

Consultant's Sub-consultants, Key Personnel and Sub

Professional Personnel

Hours of work for Consultant's Personnel

The Consultant will generally work 48 hours per week with on work and will

be entitled to national and local holidays. However, grater hours may be requires

completing certain takes on time. Time off in lieu of national and local holidays

worked will be allowed. The Consultant shall ensure deployment of the required

personnel during all critical construction activities, inspections and quality control

operations, even if such deployment requires working beyond the normal working hours

specified above. Such additional working hours, site visits and inspections shall be

deemed to be included in the Consultancy Fee quoted by the Consultant, and no

separate payment, overtime, additional remuneration or compensation shall be

admissible on this account.