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TERMS OF REFERENCE FOR INDEPENDENT

ENGINEERS FOR PPP PROJECTS

BY

PRABIR DATTA,B.Sc,F.I.E(I)
CONSULTANT CHARTERED MECHANICAL ENGINEER
VISITING FACULTY AND SENIOR CONSULTANT/INDIAN MARITIME
UNIVERSITY,KOLKATA CAMPUS.
SENIOR CONSULTANT/JACOBS--CONSULTING ENGINEERING SERVICES (I) PVT
LTD,GURGAON.
SENIOR CONSULTANT/BMTCI,AHMEDABAD
LIFE FELLOW/INSTITUTION OF ENGINEERS(I)
LIFE MEMBER/CONSULTING ENGINEERS ASSOCIATION OF INDIA,NEW DELHI(FIDIC
AFFILIATED).
SENIOR CONSULTANT/INDIAN PORT ASSOCIATION,NEW DELHI
TECHNICAL ADVISOR/INTERNATIONAL SEAPORTS(I) PVT LTD.
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TERMS OF REFERENCE FOR INDEPENDENT
ENGINEER


The Scope of services of the Independent Engineer (IE) would broadly
cover the Construction stage of the project till commissioning.

The Indicative Terms of Reference are as follows :

The IE shall provide the following services during the construction period :

Regular reporting of physical progress in construction upto
commissioning in line with the capacity build-up plan and schedule
for implementation.
Assessment of variation in orders & contracts and its implication on
the technical aspects of the projects.
Reporting and certifying physical performance testing and
acceptance provisions.
Monitoring and certifying compliance with Concession Agreement
and other regulatory requirements.
The Independent Engineer is required to certify the structural safety
and adequacy, commensurate with the design parameters and also
with further requirements due to use of any specialized equipment
the licensee proposes to install either at present or in future.
The Independent Engineer shall also certify the constructed
structures for their strength, stability and safety by specialized
supervision for the construction of the berth & ancillary facilities.

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The licensee shall submit programme in the form of Bar Chart for
completion of the project including designs and drawings to the
Independent Engineer and Licensors. The Bar Chart shall contain
completion of key miles stone bases on the accepted proposal under
this Agreement.
The licensee shall submit designs and drawings to the Independent
Engineer according to the approval programme shown in the Bar
Chart.
The Independent Engineer shall review the designs and drawings
submitted by the licensee and endorse for approval of the licensor
according to provisions of Clauses of the License Agreement.
The licensee shall submit monthly progress report to the
Independent Engineer and the licensor. The Independent Engineer
shall hold progress review meeting within a week of the date of
receipt of monthly progress report. Format for monthly progress
report shall be approved by the Independent Engineer in
consultation with the licensor.
The Independent Engineer shall prepare minutes of meeting of the
progress review meeting and circulate the same to the licensor and
the licensee highlighting therein the slippage and suggested
corrective activities to cover up the same.
The licensee shall submit revised Bar Chart and or Catch up Plan
incorporating the suggestion of the Independent Engineer to the
licensor and the Independent Engineer.
Licensee shall submit order letters issued to different vendors along
with respective tender documents to the Independent Engineer.
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The Independent Engineer shall examine the order letters and
corresponding tender documents in the perspective of approved
design and drawing and time schedule specified in the Bar Chart.
In the event that the Independent Engineer has found any deviation
and/or discrepancy, it shall promptly and without any undue delay
notify the licensee or its objection, seek clarification or suggest
changes or modifications or corrections thereto under intimation to
the licensor. Thereupon, the licensee shall provide necessary
clarifications to the Independent Engineer after incorporating the
changes, modifications or corrections suggested by the Independent
Engineer. If the Independent Engineer does not object to the
clarifications submitted to it by the licensee within 14 days of
submission the Independent Engineer shall be deemed to have
approved such clarifications and the licensee shall be entitled to
proceed with the work.
The consultant is required to indicate no. of days of deployment of
the IE per month on weekly basis.
The consultants are to quote retainer fees on monthly basis.
The engagement will be for a period of approx. 15-18 months for
Construction Stage, till commissioning.