QATA Draft For Roads of Chhotaudepur

1
GOVERNMENT OF GUJARAT
ROADS & BUILDING DEPARTMENT
TENDER DOCUMENTS
(Request for proposal)
Name of work :- Consultancy services for Quality Assurance and Technical

Audits for Various Roads Works of Chhotaudepur R&B
Division, Chhotaudepur.
Executive Engineer
R&B Division
Chhotaudepur
2
REQUEST FOR PROPOSAL

(RFP)
Executive Engineer
R&B Division
Chhotaudepur
3
Tender Papers For
1 Name of work : CONSULTANCY SERVICES FOR QUALITY
ASSURANCE AND TECHNICAL AUDITS FOR
VARIOUS ROADS WORKS OF ----------------
R&B DIVISION, CHHOTAUDEPUR.
2 Tender fee : Rs. 1500/-

3 Last date of submission of online Dt. 10/10/19 up to 18.00 Hrs.
bid document
4 Date of Pre-Bid meeting. Dt. - -201 Hrs.
In the office of the
5 Date of opening the Technical bid. : Dt. 11/10/19 up to 12.00 Hrs.
6 Date of opening the price bid. : Dt. 11/10/19 up to 12.10 Hrs.
Executive Engineer
R&B Division
Chhotaudepur
4
Memorandum of works in brief
1 Estimated Cost : Rs. 43,80,000/-

2 Earnest Money (EMD) (Bank : Rs. 44,000/-
Guarantee and FDR) 1 %
Estimated cost.
3 Validity period of tender offered 120 days from the last date of opening
the tender
4 Security Deposit :
i) 5 % performance (Bank : Rs. 2,19,000.00
Guarantee) of Schedule Bank as
per Clause No. 7 (Page No. )
ii) 10 % to be deducted from bills : Rs. 4,38,000.00
(Defect liability) as per clause
No. 12 (Page No.
5 Time allowed for completion of : 18 (Eighteen) months or upto
the work from the date of written completion of the Project.
order to commence the work
Signature of Contractor Executive Engineer

R&B Division
Chhotaudepur
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Index
Sr. Contents Page No.

No.
Part – I
1 Invitation for proposals for consultancy services
2 Letter of Invitation
3 Data Sheet
4 Appendix – I : Formats for Eligibility of the firm
5 Appendix – II : Formats for Technical Proposal
6 Appendix – III : Formats for Financial Proposal
Part – II
1 Contract Agreement
2 Contract for Consultancy Services
3 General Conditions of Contract
4 Special Conditions of Contract
5 Appendix – A : Terms of Reference
6 Appendix – B to I
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PART - I
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Government of Gujarat
ROADS & BUILDINGS DEPARTMENT
INVITATION FOR PROPOSAL
Consultancy services for Quality Assurance and Technical Audits for Various Roads
Works of Chhotaudepur R&B Division, Chhotaudepur.
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 decide taking Consultancy services for Quality Assurance and
Technical Audits for Various Roads Works of Chhotaudepur R&B Division,
Chhotaudepur. This Consultancy services for Quality Assurance and Technical Audits
includes following Road Works:-
a. Strengthening and Widening of Naswadi-Bhakha-Kawant

Road Km. 0/0 to 38/4.
b. Sankheda-Makni-Bodeli Km 0/0 to 17/400 (Strengthening)
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.
The Assignment shall be implemented in accordance with the phasing or otherwise as
2.3 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.
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2.4 The consultants must familiarize themselves with local conditions and take them
into account in preparing their proposals, to obtain first hand information on the
Assignment and on the local conditions consultants are encouraged to pay a visit
to the Client before submitting a Proposal
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 interests 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.
3. Qualifying requirements for consultancy firms / joint ventures have been spelt
out in RFP document
4. MODE OF ACCESS FOR BIDDOCUMENTS
Request for Proposal (RFP) document’ can be accessed online on Error!
Hyperlink reference not valid. dated. 10/10/2019 18:00 Hrs. Tender fees Rs. 1500/- &
E.M.D. Rs. 44,000/- shall be submitted in electronic format only through online (By
scanning) while uploading the bid. However for the purpose of realization of Demand
Draft bidder shall send the D.D. in original through R.P.A.D. so as to reach Executive
Engineer, R&B Division, Chhotaudepur from the last date of uploading.
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5. SUBMISSION OF DOCUMENTS
Online proposals shall be submitted upto Dt. 10/10/2019 18:00 Hrs. The
technical bids shall be opened on Dt.11/10/2019 at 12:00 Hrs & the Price Bid
shall be opened on Dt.11/10/2019 at 12:10 Hrs 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. 1500.00 Favoring Executive Engineer,
R&B Division, Chhotaudepur payable at Chhotaudepur towards cost of documents
prescribed in RFP.
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
Vadodara (R&B) Circle, Vadodara,
New Kothi Building, West Wing,
Raopura Vadodara-390001
7.2 Executive Engineer
Chhotaudepur (R&B) Division,
Rest House Compound,
Near Railway Station,
Chhotaudepur-391165 Ph. No. 02669- 233962
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LETTER OF INVITATION FOR
Name of Work :- Consultancy services for Quality Assurance and Technical

Dear Sir,
1. INTRODUCTION
1.1 R & B Deptt, Government of Gujarat has decided for Consultancy services for
Quality Assurance and Technical Audits for Various Roads Works of
Chhotaudepur R&B Division, Chhotaudepur.
1.2 A brief description of the assignment and its objectives are given in the enclosed
Terms of Reference.
1.3 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.
1.4 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.
1.5 Financial Proposals of only those firms as are qualified in accordance with
clause5.2 hereof will be opened.
1.6 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.
1.7 The proposals must be properly signed as detailed below:
1.7.1 i. by the proprietor in case of a proprietary firm
ii. by the partner holding the Power of Attorney in case of a firm in partnership (A
certified copy of the Power of Attorney shall accompany the proposal).
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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).
1.7.2 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.)
2. DOCUMENTS
2.1 To enable you to prepare a proposal, please find and use the attached Documents
listed in the Data Sheet.
2.2 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.
2.3 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
and III.
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3.1 Proof of eligibility

3.1.1 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
audit reports;
(iii) The number of experienced key personnel in the regular employment with
the firm. [ work in hand may also be specified]
3.1.2 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 client.
3.1.3 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.
3.2 Technical Proposal
3.2.1 The Technical Proposal shall contain all the information in the format prescribed
in Appendix-II.
3.2.2 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 there from.
(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
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(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 18 (Eighteen) 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 period.
(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
Language
(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.
3.2.3 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 makes 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
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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.
3.2.4 The Technical Proposal must not include any financial in formation.
3.3 FINANCIAL PROPOSAL
3.3.1 The Financial Proposal shall contain all the information in the format prescribed
in Appendix-III.
3.3.2 While submitting the Financial Proposal, the Consultants shall ensure the
following:
(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 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.
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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 in future.
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&BDEPT.
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Appendix III
(Form-I)
FINANCIAL PROPOSALS
FROM : TO :
Sir:
Subject: Consultants’ Services for
Regarding Price Proposal
I/We Consultant/consultancy firm

herewith enclose
*Price Proposal for selection of my/our firm/organization as Consultant for
Yours faithfully, Signature
Full Name
Designation
Address
Representative) (Authorized
*The Financial proposal is to be filled strictly as per the format given in RFP.
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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:
Consultancy services for Quality Assurance and Technical Audits for

Various Roads Works of Chhotaudepur R&B Division, Chhotaudepur.
4.2.1 This outer envelope will contain three separate envelopes, one clearly marked
''Proof of eligibility", 'Technical Proposal' and the third clearly marked
'Financial Proposal'.
4.2.2 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.
4.3 The proposal must contain no interlineations or overwriting except as necessary
to correct errors made by the Consultants themselves, in which cases such
corrections must be initialed by the person or persons signing the proposal.
4.4 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 whatsoever.
The proposal containing “Proof of Eligibility”, “Technical Proposal” and
“Financial Bid” shall be submitted online only.
4.5 Your proposal must be valid for the number of days stated in the Data Sheet
from the closing date of submission of proposal.
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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 be
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 carryout its evaluation
applying the evaluation criteria and point system specified in the Data Sheet. The
Committee consist of One Superintending Engineer and One Executive Engineer.
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.
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6 NEGOTIATIONS
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
18 months.
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.
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8. INDEMNITY
The Consultants will indemnify the Client for any direct loss or damage that is
caused due to deficiency in services.
9. AWARD OFCONTRACT
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
package.
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.
Thanking you.
Executive Engineer
R&B Division
Chhotaudepur.
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DATA SHEET
(References to corresponding paragraphs of LO1 are mentioned along side)
1. The Documents are:
(i) Terms of Reference(TOR)
(ii) Appendices –
i. Appendix-I : Format for Proof of Eligibility / Firms Turn Over and
Experience
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:
S.E., Vadodara (R&B) Circle, Executive Engineer,
Vadodara. R&B. Division, Chhotaudepur.-
(Ref. Para 2.2)
3. The address is:
Vadodara (R&B) Circle, Vadodara, Chhotaudepur (R&B) Division,
New Kothi Building, West Wing, Rest House Compound,
Raopura Vadodara-390001 Near Railway Station,
Chhotaudepur-391165
Ph. NO. 02669- 233962
(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))

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6. 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.
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, Chhotaudepur within 7 days from the last
date of uploading. Paneltative 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:
Date :- -201 to - - 201 up to Time: 18:00 Hrs.
(Ref. Para 4.4)
8. Proposal Validity period (days, date):120days (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. Paras 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.
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ii) The minimum requirement of experience of firm is 5years
The minimum turnover required is Rs. 30.00 Lakhs 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.
No.
Professional staff
1 Senior Highway Engineer cum Team Leader 1
(1*5D/m*18= 1 x 270 days)

2 Highway Engineer 1
(1*10D/m*18 = 1 x 270 days)
Quality Engineer For Highway Work 1

3 (2*15D/m*18 = 2 x 540 days)
Quality Engineer For Bridge Work 1

4 (2*15D/m*18 = 2 x 540 days)
Site supervisor for Highway Road Construction Work
(1*30D/m*18 = 8 x 540 days
5 1
Site supervisor for Highway Bridge Work
(1*30D/m*18 = 8 x 540 days
6 1
Lab Technician
(2*30D/m*18 = 8 x 540 days 2
7
8 Road Safety Auditor
(1*4D/m*18 = 18 x 15 days 1
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:
9.2.2.1Minimum Qualifying criteria:-
Consulting firms meeting the following criteria are only eligible for applying for this assignment.
Firms not meeting these criteria R & B Department, Gujarat Supervision consultant, need not apply.
(a) Annual Turnover (updated average of last % years) of the firm from consultancy business should be
equal to or more than Rs. 30.00 Lakhs.
(b) Firm should also have prepared DPR/Feasibility study cum Preliminary Design Report for at least one
project of similar category of Standard Four Lane road work of 22.32 Km. (40%) of project length.
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(c ) Firm should also have experience of Road project as TAQC/independent engineer/authority engineer
of at least one project is similar category of Standard Four lane work of 22.32 km. (40%) of project
length.
(d) The firm should have experience of project supervision of one bridge work as TAQC/AE/IE.
(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
Points 15
• Experience in similar nature and size of projects (only completed projects
shall be considered necessary supporting document need to been closed) 06
Experience in similar nature and size of projects > 4 06
Experience in similar nature and size of projects > 2 03
Experience in similar nature and size of projects < 2 00
• Experience in similar region 06

• Annual turn over for last five year 03
Annual turn over of the Firm > 2.00 Crores 03
Annual turn over of the Firm between 1.00 Crore to 2.00 Crores 02
Annual turn over of the Firm < 1.00 Crore 00
(ii) Adequacy of the proposed work plan and methodology in 10

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 75

the Assignment
Highway Engineer cum team leader (1) 20

Highway Engineer (1) 15
Quality Engineer For Highway and Bridge Work(laboratory) (2) 15
Plant/Site supervisor for Highway Road Construction Work (2) 15
Road Safety Auditor (1) 10
Total Points: 100

25
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 9.2.2A
(ii) The key professional staffs should be working with the firm at least since last 12
months.
(iii) Bids of those bidders who qualifies 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 July-August 2019 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 6
i) Degree in Civil Engineering or equivalent 5.0
ii) Post-Graduation in Highway Engg./Structures/Bridge Engg./Soil 1.0
Mechanics and Foundation Engineering
II Relevant Experience & Adequacy for the Project 9
a) Total Professional Experience 3.0
<20 years 0
20-25 years 1
>25-28 years 2
>28 years 3
(b) Experience in Highway Projects 5.0
<15 years 0
15-20 years 3
>20 -25 years 4
>25 years 5.0
c) Experience in Similar Capacity 3.0
(i) Experience in Highway Project (No. of Project)
< 2 No. 0
= 2 -4 No. 2
= 4-5 No. 2.5
=5-7No. 3
III Employment with the Firm 2.0
Less than 1 Year 0
1-2 years 1
more than 2 years 2
Total 20
26
9.2.2A2 Highway Engineer
S. Description Max.
No. Points
i) Degree in Civil Engineering or equivalent 3
ii) Post-Graduation in Highway Engineering 1
II Relevant Experience & Adequacy for the Project 9
<10 years 0
10-15 years 2
>15-20years 3
>20years 4
b) Experience in Bridge Projects 4.0
(i) Experience in project preparation and design of Highway projects 2.5
<10 years 0
10-15 years 1.5
>15 -20years 2.0
>20years 2.5
(ii Experience of No. of Highway Projects 2.5
)
<2 No. 0
2-4 No. 1.5
5-6No. 2.0
> 6 No 2.5
Less than 1 Year 0
1-2 years 1.5
more than 2 years 2.0
Total 15
27
9.2.2 A3 Quality Engineer For Highway and Bridge Work (laboratory)
S. Description Max. Points

No.
i) Degree in Civil Engineering or equivalent 2
ii) Masters Degree( Post Graduation) in 1
Highway Engineering /
Transportation Engineering/
Transport Planning
II Relevant Experience & Adequacy of TA/QA Project 9.00
<10 years 0
10-15 years 1.0
>15 -20years 1.5
>20 years 2.0
(b) Experience in Highway Projects/Bridge Project as Quality Engineer 4.0
<5 years 0
5 - 7 years 2.0
>7-10 years 3.0
>10years 4.0
c) Experience in Similar Capacity 3.0
(i) Experience in Highway Project/Bridge Project (No. of Project)
< 2 No. 0vgb

2-3 No. 1.0
4- 5 No. 2.0
> 5No. 3.0
Less than 1 Year 0
1-2 years 2.0
Total 15
28
9.2.2A4 Site supervisor for Highway Road Construction Work

S. No. Description Max. Points
I General Qualification 3.0
i) Degree or equivalent in Civil Engineering / Diploma in Civil Engineering 2
ii) Post Graduation in Civil Engineering/Highway Engineering/Structural 1

Engineering
II Relevant Experience & Adequacy for 9.0
the Project
>10 years 0
10-15 years 1.0
>15-20 years 1.5
>20 years 2.0
b) Experience in Highway Projects 4.0
i) Experience in Similar Projects (2/4/6 lane of Highway) in project 3.0
preparation/ Construction / Construction Supervision
<3years 0
3 -5 years 2.0
>5-7 years 2.5
> 7 years 3.0
ii) Knowledge and understanding of Modern Computer based software 1.0
Yes 1
No 0
c) Experience as Highway Supervisor/ Road Engineer or in Similar 3.0
Capacity for project of any type of Highway (2/4/6lane)
<3years 0
3 -5 years 2.0
>5-7 years 2.5
>7 years 3.0
Less than 1 Year 0
1-2 years 0.5
Total 15
29
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
Engineer.
ii) In Government Organizations: Executive Engineer with
five year experience as
Executive engineer and
above
2. Highway Engineer
i) On behalf of Consultant: Senior Highway Engineer/Highway
Design Engineer
ii) In Government Organizations: Executive Engineer (or equivalent) and

above
3. Quality Engineer For Highway Work/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 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: 5yearsofexperienceinHighwayRoadConstruction
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
highways etc.
30
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 Gujarat.
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)
Post Held Total Experience Highway Project

Experience
Team Leader 20 15
Highway Engineer 15 10
Quality Engineer for Highway work/Bridge 12 7
work
Site Engineer - -
Lab Technician 5 5
31
APPENDIX – I
(I) Firm’s Experience (Clause 3.1 of LOI)
Sr. No. Name of firm Date of Starting of Firm’s total
firm experience
1 2 3 4
II) Firm’s turnover for last five years with all relevant documents
(Clause 3.1 of LOI)
2014-2015
2015-2016
2016-2017
2017-2018
2018-2019
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.
No. 2
1 2 3 4
Persons taken in Appendix – II, Form-II (Professional staff)

32
Appendix-II
[FORMAT FOR TECHNICAL PROPOSAL]
Form-II (Professional staff)
33
(Form I)
TECHNICAL PROPOSAL
FROM TO:
Sir:
Subject: Consultancy services for Quality Assurance and Technical Audits
for Various Roads works of Chhotaudepur (R&B) Division Chhotaudepur.
Regarding Technical Proposal

I/We Consultant/ Consultancy firm herewith
enclose Technical Proposal for selection of my/our firm/ organization as Consultancy
services for Quality Assurance and Technical Audits for Various Roads
Works of Chhotaudepur (R&B) Division Chhotaudepur.
Yours faithfully,
Signature
Full Name
Designation
Address
(Authorized Representative)
34
(Form-11)
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 below:
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

35
(Certificate from Employer regarding experience should be furnished)

(FORM-III)
CONSULTANT NAME:
APPROACH PAPER ON METHODOLOGY

PROPOSED FOR PERFORMING THE ASSIGNMENT
The approach and methodology will be detailed precisely under the following
topics.
1) Composition of the team [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
page]
36
(Form-IV)
COMMENTS/ SUGGESTIONS OF CONSULTANT
On the Terms of Reference:

1
2
3
4
5
On the Data, services and facilities to be provided by the Client indicated in the
Terms of Reference.
1
2
3
4
5
37
(Form –V)
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
1
2
3
4
5
6
7
II. Support staff

Sr. No. Name of firm Date of Starting of Firm’s total
firm experience
1
2
3
4
5
6
38
(Form-VI)
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
appropriate).
9. Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be precise
and accurate. The information in the summary will have bearing on the evaluation of the
CV).
A) Education:
Field of Graduation and year Field of post graduation and year, any other
specific qualification
39
B) Experience
i) Total experience in highways: Yrs
ii) Responsibilities held : i) Yrs. ii) Yrs.
iii) 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.
Certification:
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 Place,

Date
Signature of the Authorized Representative of the firm

Place Date
Note: Each page of the CV shall be signed in ink by both the staff member and the
Authorized Representative of the fm. Photocopies will not be considered for
evaluation.
40
(Form VII)
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
Activities
1 Sub Total (1)
2 Sub total (2)
3 Sub Total (3)
4 Sub Total (4)
Field Full: Part Time:
Reports Due:
Activities:
Duration:
41
(Form VIII)
FIELD INVESTIGATION
(1st, 2nd etc. are months from the date of assignment)
Sl. No. Item of work / Activities Months

1
2
3
4
5
COMPLETION AND SUBMISSION OF REPORTS

S. No. Reports Programme
(As per section 7.0 of TOR)
1
2
3
4
5
6
42
Appendix-III
(Formats for Financial Proposal)
43
(Form-I)
FINANCIAL PROPOSALS
FROM TO:
Sir:
Subject: Consultancy services for Quality Assurance and Technical Audits
for Various Roads Works of Chhotaudepur R&B Division,
Chhotaudepur
Regarding Price Proposal
I/We Consultant/consultancy firm herewith
enclose
*Price Proposal for selection of my/our firm/organization as Consultancy services for
Quality Assurance and Technical Audits for Various Roads Works of Chhotaudepur
R&B Division, Chhotaudepur.
Yours faithfully,
Signature
Full Name
Designation
Address
(Authorized Representative)
*The Financial Proposal is to be filled strictly in the format given in RFP.
44
Part - II
45
CONTRACT AGREEMENT
Between
And
Consultancy Firm
For
Consultancy services for Quality Assurance and Technical Audits for Various
Roads Works of Chhotaudepur R&B Division, Chhotaudepur
46
Name of Work:- Consultancy services for Quality Assurance and Technical

Contract Agreement
CONTENTS
Sr.No. Description Page No.
I. CONTRACT FOR CONSULTANT'SSERVICES
II. GENERAL CONDITIONS OFCONTRACT
1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
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
47
2.7.4 Extension of Time

2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
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 General
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
Project
3.2.3 Prohibition of Conflicting Activities
3.3 Confidentiality
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
the Client
3.10 Equipment and Materials furnished by the Client
4. Consultant's Personnel
4.1 General.
48
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
5.5 Payment
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
7.1 General
7.2 Retention money
7.3 Penalty
7.4 Action for deficiency in services
8. Fairness and Good Faith
8.1 Good Faith
8.2 Operation of the Contract
9. SETTLEMENT OFDISPUTES
9.1 Amicable Settlement
9.2 Dispute Settlement
49
III. SPECIAL CONDITIONS OFCONTRACT

IV. PPENDICES
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

50
CONTRACT FOR CONSULTANT'S SERVICES

51
CONTRACT FOR CONSULTANT'S SERVICES

Name of Work: Consultancy services for Quality Assurance and Technical
This CONTRACT (hereinafter called the "Contract") is mad e at Chhotaudepur On

25/09/2019 between, on the one hand, Govt. of Gujarat, Executive Engineer, R&B
Division, Chhotaudepur. (herein after called the "Client the other hand, Jems Multi
Tech Consultancy (hereinafter called the "Consultant"). WHEREAS
(A) the Client has requested the Consultants to provide certain consulting services
as defined in the General Conditions attached to this Contract (hereinafter
called the "Services") ;
(B) the 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
Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral
part of this Contract:
(a) The General Conditions of Contract (hereinafter called "GC") :
(b) The Special Conditions of contract (herein after 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
52
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
Name
Address
BY
Authorized Representative 2. Signature
Name
Address
FOR AND ON BEHALF OF
(Consultant)
By
Authorized Representative Witness
1. Signature
Name
Address
2. Signature
Name
Address
53
GENERAL CONDITIONS OF CONTRACT

54
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
lawintheGovernment'scountryastheymaybeissuedandinforcefromtimetotime;
(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 the seentities;
(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
both of them;
(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
55
(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.
1.4 Language
This Contract has been executed in the language specified in the SC, which
shall be the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.
1.5 Heading
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or consent shall
be deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent by
registered mail, telex, telegram or facsimile to such Party at the address specified in
the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A party may change its address for notice hereunder by giving the other Party
notice of such change pursuant to the provisions listed in the SC with respect to Clause
GC 1.6.2.
56
1.7 Location
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 OFCONTRACT
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.
57
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
hereunder.
58
(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 Contract.
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.
2.7.5 Payments
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.
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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
circumstances.
2.8 Suspension
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
obligationshereunder,asspecifiedinanoticeofsuspensionpursuanttoClause
2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or
within such further period as the Client may have subsequently approved in
writing;
b) if the 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.
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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
and:
(i) the amalgamated or reconstructed entity has the technical capability and
operating experience necessary for the performance of its obligations under this
Contract;
(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 9hereof
(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;
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(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)
days; or
(d) if the Client, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
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)
daysafterreceivingwrittennoticefromtheConsultantthatsuchpaymentisoverdue;
(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 9hereof.
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.
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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 3.10hereof.
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 THECONSULTANT
3.1 General
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.
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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
in the SC.
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3.3 Confidentiality
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.
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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 Documents 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.
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4. CONSULTANT'SPERSONNEL
4.1 General
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
approval.
(c) If additional work is required beyond the scope of the Services specified in Appendix
A, the estimated periods of engagement of Key Personnel set forth in Appendix B
may be increased by agreement in writing between the Client and the Consultant,
provided that any such increase shall not, except as otherwise agreed, cause payments
under this Contract to exceed the ceilings setforth 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 Client.
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4.4 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Key Professional / Sub Professional Personnel
are set forth in Appendix C hereto. To account for .travel time, foreign Personnel
carrying out Services inside the Government's country shall be deemed to have
commenced (or finished) work in respect of the Services such number of days
before their arrival in (or after their departure from) the Government's country as
is specified in Appendix-C hereto.
(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 Services.
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 18months.
(b) The Consultant shall bear all travel and other costs arising out of or incidental of
any removal and/or replacement.
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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 such
Services.
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
stay in India;
(c) facilitate prompt clearance through customs of any property required for the
Services;
(d) issue to officials, agents and representatives of the Government all such 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 them.
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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
thatmaybeappropriatetogranttotheConsultantfortheperformanceoftheServices,
(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.
5.5 Payment
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 THECONSULTANT
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) The 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.
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(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) Payment Schedule
(i) The consultancy fee shall be paid on pro-rata based on ratio of actual
cost quoted by TPI & QA consultants and the total cost of this works of
Chhotaudepur R&B Division, Chhotaudepur and actual expenditure
incurred for the work. Technical audit & quality assurance work
satisfactory done by the consultants for the month under consideration
for example. TPI & QA fees for total cost quoted by TPI & QA
consultant multiplied by Expenditure incurred Divided by the total cost
of works equals to total cost of Consultation Fees to be paid. The
consultancy charges will not be on A/c. of expenditure incurred towards
contingency Fund and Price Variation and other miscellaneous items.
Fee Payment :- Fee Payment = { (contract price of this

Tender / Total tendered cost of work) x
Work Done}
= {(contract price / [Tender Cost of
Strengthening and Widening of Naswadi-Bhakha-
Kawant Road km 0/0 to 38/4 + Tender Cost of
Sankheda-Makni-Bodeli Km 0/0 to 17/400
(Strengthening)
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(ii) 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.
4
(iii) The payment will be made within 15 days after receiving the bill by the in charge
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 Rest House Compound, Near Railway Station
Chhotaudepur. Ph No.02669-233962 add or subtract the difference from any
subsequent payment.
(iv) 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, Chhotaudepur or
his authorized representative.
(v) The consultants shall submit their duly filled in & signed time sheet to the
Executive Engineer, R&B Division. Chhotaudepur, Rest House Compound, Near
Railway Station Chhotaudepur-361165 Ph No.02669-233962. Along with the monthly
progress report.
(vi) G.S.T. / Income tax / service tax and any other taxes arise from time to
time shall be deducted from each bill.
(vii) Advance payment shall not be made.
(viii) Payment will be paid in Indian Rupees only.
(ix) 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.
(x) The consultancy fee for inspection will be paid according to the amount
paid to the contractor.
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(b) 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.
(c) 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.
(d) The final payment under this Clause shall be made only after the final report and a
final statement, identified as such, shall have been submitted by the 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.
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(e) 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 General
7.1.1 Not with standing 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 Project. The Consultant will also be
responsible for correcting, at his own cost and risk, the drawings including any re-
survey / investigations and correcting layout etc. if required during the execution of
the Services.
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. 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.
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7.2. Retention Money

An amount equivalent to 5% of the contract value shall be retained at the end
of the Contract for quality the same will be released after the completion of
civil works
7.3. Penalty
7.3.1. Penalty for Error/Variation
Deleted.
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 INSERVICES

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.
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8. FAIRNESS AND GOODFAITH
8.1 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 hereof.
9. SETTLEMENT OFDISPUTES
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
76
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 send 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 the work.
Executive Engineer
R&B Division
Chhotaudepur
77
SPECIAL CONDITIONS OF CONTRACT

78
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
R&B Division, Chhotaudepur
Chhotaudepur
Attention Superintending Engineer

Vadodara (R&B) Circle,
New Kothi Building, West Wing,
Raopura, Vadodara-390001
For the Consultant: .
Attention:
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission.
(c) In the case of telegrams, 24 hours following confirmed transmission; and
(d) In the case of facsimiles, 24 hours following confirmed transmission.
1.8 Entity to Act as Member in charge (In case of Joint Venture of Consultant):
Not Applicable.
79
The Authorized Representatives are:

For the Client:
(Executive Engineer, R&B Division, Chhotaudepur.
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 law fully imposed.
2.1 The effectiveness conditions are the following:
a) The Contract has been approved by the Govt. of Gujarat.
b) The consultant have to furnish within 10 days of the issue of Letter of
Acceptance, a unconditional Bank Guarantee from the Bank (Generally, by SBI
or its subsidiaries or any Indian nationalized bank for an amount equivalent to
5% 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 The 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
Client:
80
(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
consultancy.
(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 Clause4.6.
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
81
6.3 (f) the account is:
9.2 Disputes shall be settled by arbitration in accordance with the following
provisions:
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 with in 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.
82
9.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedure of
the Arbitration & Conciliation Act 1996, of India unless the Consultant is a foreign
national/firm, where arbitration proceedings shall be conducted in accordance with the
rules of procedure for arbitration of the United Nations Commission on International
Trade Law (UNCITRAL) as in force on the date of this Contract.
9.2.3 Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute
shall be appointed in the same manner as the original arbitrator.
9.2.4 Qualifications of Arbitrators
The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a)
through (c) of Clause 8.2.1 hereof shall be an 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 GUJARAT.
(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
R&B Division
Chhotaudepur
83
Name of Work : Consultancy services for Quality Assurance and Technical

Division, Chhotaudepur
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 services for
Quality Assurance and Technical Audits for Various Roads Works of
Chhotaudepur R&B Division, Chhotaudepur 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
Chhotaudepur (R&B) Division
Chhotaudepur
84
Name of Work : Consultancy services for Quality Assurance and

Technical Audits for Various Roads Works of Chhotaudepur R&B
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
Chhotaudepur (R&B) Division
Chhotaudepur
85
Appendix - A
TERMS OF REFERENCE FOR CONSULTANCY FIRM

Name of work :- Consultancy services for Quality Assurance and Technical

Consultancy Services for Technical Audit and Quality

Assurance Contract Between
TERNIS OF REFERENCE
AND
(THE CONSULTANT) TERMS OF REFERENCE FOR CARRYING OUT THE
TECHNICAL AUDIT and QUALITY ASSURANCE FOR THE WORK of
Roads Works of Chhotaudepur R&B Division, Chhotaudepur.
86
1.0 INTRODUCTION AND BACKGROUND

1.01 The Government of Gujarat (GOG) is intended to execute the work of
Roads Works of Chhotaudepur R&B Division, Chhotaudepur.
1.02 The proposed project is to be carried out at FOR THE WORK OF Consultancy
services for Quality Assurance and Technical Audits for Various Roads Works of
Chhotaudepur R&B Division, Chhotaudepur. R & B Dept. intends to hire
consultants for TA/QA Consultancy package.
1.03 The project for THE WORK OF Consultancy services for Quality Assurance and
Technical Audits for Various Roads Works of Chhotaudepur R&B Division,
Chhotaudepur involves other road safety and road furniture items.
1.04 In order to achieve high standards in quality of road construction works, R&B
Deptt. 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.
2.0 OBJECTIVE
2.01 The main objective of these consulting services to conduct Q.A. & technical
audits for the execution of the project namely Consultancy services for Quality
Assurance and Technical Audits for Various Roads Works of Chhotaudepur
R&B Division, Chhotaudepur whereby the consultant will render professional
services to improve the quality of construction of the project.
2.02. To ensure achieving high standard in quality of construction works.

87
2.03 To ensure that works to be carried out as per MOSRT&H technical

specifications, Drawings, established standard codes and sound engineering
practice.
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 MORT&H specifications.
3.0 SCOPE OFSERVICES
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 18 months.
Sl. Specialist / Position Person months
No.
1 Senior Highway Engineer cum Team Leader (1 1 x 15 – Days / m x 18 = 270days
Nos.)
2 Highway Engineer (1 Nos.) 1 x 15– Days / m x 18 = 270 days
3 Quality Engineer For Highway Work (laboratory) 2 x 30 – Days /m x 18 = 1080days
(1 Nos.)
4 Site Supervisor for Bridge &Approach Road 2 x30 days / m x 18 = 1080days
Construction Work (8 No.)
5 Lab Technician 2 x30 days / m x 18 = 1080days
6 Road Safety Auditor 1 x15 days / m x 18 = 270 days
7 Engineer For Liasioning at Division Work 2 x30 days / m x 18 = 540 days
TEAM COMPOSITION AND STAFF QUALIFICATIONS

3.02.1 Eligibility Criteria for Senior Highway Engineer Cum Team Leader is
as per Datasheet.
3.02.2 Eligibility Criteria for Highway Engineer is as per Datasheet.
3.02.3 Eligibility Criteria for Quality Engineer for Highway and Bridge work
(laboratory) is as per Datasheet.
88
3.02.4 Eligibility Criteria 8 Nos. of Laboratory In charge cum Construction

Supervisor is as per of Datasheet.
3.02.5 Eligibility Criteria for 1 No. of Engineer for Liasioning work with
Division for Day 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, Chhotaudepur, 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 shall 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 per3.04.
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 to R&B.
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.
89
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 Witness some of the quality control tests being carried out by staff of the R&BD
/ Contractor. The consultant shall undertake random sample checks
independently for quality control using contractor's / GERI / Polytechnic /
Engineering colleges / approved private laboratory and recommend solutions for
improving work quality to meet the specifications. Consultant shall also collect
independently core samples for each 500 Mt. length (three cores at same
sections) of finished road and test them using R & B's core cutting equipment
(for bituminous work) / equipment purchased under the consultancy contract.
3.11 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.
3.12 Assist R&B Deptt. 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.
90
3.13 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 there of with all necessary supporting data.
3.14 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.
3.15 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.
3.16 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.
3.17 Recommendations regarding the methods and procedures for the evaluation and
the system for monitoring of the conditions of the road after the project
completion.
3.18 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 there off or 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 meter 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&BD/Contractor as
mentioned in works tender. The core cutting machine shall be made available at
each sampling location of works it and core cost of core cutting machine,
sampling, testing, transportation and operation shall be borne by R&BD.
91
3.19 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.
3.20 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.
3.21 Also other items like bridge & road work shall be checked in accordance with
standard specification and design and as per tender provisions.
3.22 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 (RABILLS)
3.23 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.
3.24 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,
92
3.25 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.
93
4.0 OFFICE ACCOMMODATION
The office of consultant's team leader shall be maintained at Chhotaudepur. The

head quarter of Resident Engineer / Regional Team leaders shall be at Chhotaudepur. 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 Offices

No. Person
1 Senior Highway Engineer cum 1 Head office at Chhotaudepur
Team Leader
2 Highway Engineer 1 Head office at Chhotaudepur
3 Quality Engineer For Highway 2 Head office at Chhotaudepur
Work (Laboratory)
4 Site Supervisor for Highway Road 2 Field office at site of 2
Construction Work Location
5 Lab Technician 2 Field office at site of 2 Location
6 Road Safety Auditor 1 Head office at Chhotaudepur
7 Engineer For Liasioning Work 1 Chhotaudepur R&B Division

Office
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 testing laboratory. The consultant
will have full access to witness / supervise the tests in contractor's laboratories
during contract implementation period.
94
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.
6.0 TIMEFRAME
6.01 Consultancy services are required for a period upto one month after the
completion of work by the contractor for the WORK of all two Road works.
6.02 Time Period is 18 Months or actual completion date of the original work, for which
QA TA invited which ever is later (including if any extended time limit of original
work in which QATA is invited 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
all items.
The proposed schedules for submission of various reports are as follows.
95
Serial Report Time of submission

No.
1 Quality Assurance Manual for the entire With in 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 non conformance report and their
disposal
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
tests.
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
completion
8.0 DATA AND ASSISTANCE TO BE PROVIDED BY THECLIENT

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.
96
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 / her self 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
contracts.
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 DEFECT 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
R&B Division
Chhotaudepur
97
Appendix B
Consultant's Sub-consultants, Key Personnel and Sub
Professional Personnel
98
Appendix - C
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& more hours may be requires
completing certain takes on time. Time off in lieu of national and local holidays worked
will be allowed.
100
Appendix D
Duties of the Client
101
ANNEXURE – E
(COST ESTIMATE) ONLY FOR REFERENCE
Project:- Consultancy services for Quality Assurance and Technical
Local Consultant
(i) Anticipated Input by Q.A. & T.A. (May very as per
actual requirement)
Sr. Position Nos. Rs.
No.
Professional staff
1 Highway engineer cum team leader (anticipated input) 1 (3x75,000/- ) = 221500
(1*5D/m*18= 90 days)
2 Highway Engineer (laboratory) 1 (6 x 45,000/- =
(anticipated input) (1*10D/m*18 = 180 days) 6,00,000/-) 2,70,000
3 Quality Engineer For Highway and Bridge Work 2 (18 x 35,000/- =
(laboratory) (anticipated input) (2*15D/m*18=540 days) 12,60,000/-) 6,30,000
4 Site Supervisor for Bridge & Approach Road 2 (36 x 20,000/-=
Construction Work (anticipated input) (2*30 D/m*18 = 14,40,000/-) 7,20,000
1080 days)
5 Lab Technician (2*30D/m*18 = 1080 days) 2 (36 x 25,000/- =
18,00,000/-) 9,00,000
6 Road Safety Auditor (1*4D/m*18 = 72days) 1 (1.4 x 1,50,000/- =
4,20,000/-) 2,10,000
Total (I) 29.55
(II) Reports and Documents printing
1 Monthly Report (for entire contract period) 12*10000 L.S. 1,50,000/-
2 Final report 1 75,000/-
3 Site office expense 4,50,000/-
4 Vehicle Rent cost 12*15000 7,50,000/-
Total (II) 14,25,000/-
Grand Total (I) + (II) Rs. 43,78,07,980.32
Say Rs. 43.80 lacs
** Total cost net of all tax including G.S.T shall be considered for financial evaluation.
102
Appendix F
Minutes of Financial / Contract Negotiations with the
Consultant
103
Appendix G:
Copy of Letter of Invitation
104
Appendix H:
Copy of Letter of Acceptance
105
Appendix - I
Format for Bank Guarantee for Performance Security
BANK GUARANTEE FOR PERFORMANCE SECURITY
To,
Executive Engineer
R&B Division
Chhotaudepur.
In consideration of 'Govt. of Gujarat" (hereinafter referred as the "Client", which

expression shall, unless repugnant to the context or meaning thereof include its
successors, administrators and as signs) having awarded
to________________________ having its office at_____________ (Hereinafter
referred to as the
(Hereinafter called the "Contract"), and the Consultant having agreed to furnish a Bank
Guarantee to the Client as "Performance Security as stipulated by the Client in the said
contract for performance of the above Contract amounting to
Rs./-
Rupees
We _________________________________ having registered office at
___________a body registered/constituted under the ___________________ (herein
after referred to as the Bank), which expression shall, unless repugnant to the. context
or meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Client immediately on demand, without
any deductions, set-off or counterclaim whatsoever, any or, all money payable by the
Consultant to the extent of Rs.__________________________________________
___________________________________ Only/- as aforesaid at any time upto
____________without any demur, reservation, contest, recourse, cavil, arguments or
protest and/or without any reference to or enquiry from the Consultant and without
your needing to prove or show grounds or reasons for your demand for the sum
specified therein. Any such demand made by the client on the bank shall be
conclusive and binding notwithstanding any difference between the Client and the
Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. We agree that the Guarantee herein contained shall be irrevocable and shall
continue to be enforceable till the Client discharges this guarantee.
106
The Client shall have the fullest liberty without affecting in any way the liability
of the Bank under this Guarantee, from time to time to vary or to extend the time for
performance of the contract by the Consultant. The Client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the Consultant and
to exercise the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained or implied, in the Contract between the Client and the
Consultant any other course or remedy or security available to the Client. The Bank
shall not be relieved of its obligations under these presents by any exercise by the Client
of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts of omission or commission on the part of the
Client or any other indulgence shown by the Client or by any other matter or thing
whatsoever which under law would but for this provision have the effect of relieving the
Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce
this Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Consultant and notwithstanding any security or other guarantee
that the Client may have in relation to the Consultant's liabilities. The Client shall be
entitled to make unlimited number of demands under this Bank Guarantee. Any
demand shall be deemed to be served, if delivered by hand, when left at the property
address for service; and if given or made by pre-paid registered post or facsimile
transmission, on receipt.
Any waivers, extensions of time or other forbearance given or variations
required under the Contract or any invalidity, unenforceability or illegality of the
whole or any part of the Contract or rights or any Party thereto or amendment or other
modifications of the Contract, or any other fact, circumstances, provision of statute of
law which might entitle the Bank to be released in whole or in part from its
undertaking, whether in the knowledge of the Bank or not or whether notified to the
Bank or not, shall not in any way release the Bank from its obligations under this
Bank Guarantee.
Not with standing anything contained herein,
107
a) Our liability under this Bank Guarantee is limited to

Rs.__________________________________________________________________________
__________________ Only/- and it shall remain in force up to and including and shall be
extended from time to time for such period as may be desired by
________________________________________________________________on whose
behalf this guarantee has been given.
b) This Bank Guarantee shall be valid upto ______________
c) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
_____________ (Date of expiry of Guarantee).
(Signature of the Authorized Official)
(Name & Designation with Bank Stamp)
NOTE:
i) The bank guarantee(s) contains the name, designation and code number of
the officer(s) signing the guarantee(s).
ii) The address, telephone no. and other details of the Head Office of the Bank
as well as of issuing branch should be mentioned on the covering letter of
issuing Branch.
(iii) The bank guarantee for Rs. 10,000 and above is signed by at least two
officials (or as per the norms prescribed by the RBI in this regard).
108
Appendix J:
Minutes of the Pre-bid meeting
109
ANNEXURE-III
PRICE BID
Name of work: Consultancy services for Quality Assurance and Technical
I am willing to carry out this work at % of Rs. of work executed
Notes:-
1. The ceiling of Rs. /- for summary of cost is a pre-condition
including all taxes including to be revised as per Govt. rules and circulars if any
2. Any unilateral alteration made in the tender document will be liable for
rejection.
3. The Cost Estimate mentioned above is for complete work. The Payment of
Consultant will be restricted/released in proportion to work progress achieved by
the contractor. The consultant has to regulate his manpower at site as per the
Progress of work as well as in consultation with Engineer-in-charge till the
completion of whole work for which consulting services are hired.
4. No escalation will be payable during the services. Insurances shall not be
allowed separately. These will be incidental to main items. Rates for all items
shall be quoted in figures as well as in words, are inclusive of all supporting
staff, office accommodation, transportation & all other expenses
5. Rates are including G.S.T. No any extra payment against any taxes likes services
tax, income tax or G.S.T. will be paid.
Signature of the Contractor: Executive Engineer

R&B Division
Chhotaudepur

QATA Draft For Roads of Chhotaudepur

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1

Name of work :- Consultancy services for Quality Assurance and Technical

ROADS & BUILDING DEPARTMENT

REQUEST FOR PROPOSAL

2 Tender fee : Rs. 1500/-

5 Date of opening the Technical bid. : Dt. 11/10/19 up to 12.00 Hrs.

6 Date of opening the price bid. : Dt. 11/10/19 up to 12.10 Hrs.

Memorandum of works in brief

1 Estimated Cost : Rs. 43,80,000/-

order to commence the work

Signature of Contractor Executive Engineer

Sr. Contents Page No.

BRIEF SCOPE OF WORK -

a. Strengthening and Widening of Naswadi-Bhakha-Kawant

b. Sankheda-Makni-Bodeli Km 0/0 to 17/400 (Strengthening)

LETTER OF INVITATION FOR

Name of Work :- Consultancy services for Quality Assurance and Technical

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

3.1 Proof of eligibility

UNDERTAKING FROM THE PROFESSIONAL

UNDERTAKING FROM CONSULTING FIRM

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

Subject: Consultants’ Services for

Regarding Price Proposal

I/We Consultant/consultancy firm

Yours faithfully, Signature

Consultancy services for Quality Assurance and Technical Audits for

(Ref. Para 2.2, 4.2)

(Ref. Para 3.3.2 (ii))

1 Senior Highway Engineer cum Team Leader 1

(1*5D/m*18= 1 x 270 days)

Quality Engineer For Highway Work 1

Quality Engineer For Bridge Work 1

9.2.2 Rating System

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

• Experience in similar region 06

(ii) Adequacy of the proposed work plan and methodology in 10

(iii) Qualifications and competence of the key professional staff for 75

Highway Engineer cum team leader (1) 20

Total Points: 100

The minimum technical score required to pass is : 70 Points

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

S. Description Max. Points

< 2 No. 0vgb

9.2.2A4 Site supervisor for Highway Road Construction Work

ii) Post Graduation in Civil Engineering/Highway Engineering/Structural 1

Assumptions to be made regarding Similar Capacity for various positions

1. Team Leader cum Senior Highway Engineer

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

4. Site Supervisor for Highway Road Construction Work

ii) In Government Organizations: Assistant Engineer(or

5 Lab Technician for Highway Road Construction work

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

6. Road Safety Auditor

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

Experience: 15 years of experience in Highway Engineering

9.3 Third stage -- Evaluation of Financial Proposal

Post Held Total Experience Highway Project

Sr. No. Category Name of Person Experience of the

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

Regarding Technical Proposal

Name of Client No. of Staff

Address No. of Staff months

(15D/m18= 1 x 270 days)