GOVERNMENT OF GUJARAT

(NATIONAL HIGHWAY DIVISION, AHMEDABAD)

Notice Inviting Proposal from Ministry’s empanelled consultant

Letter No. : …………. Dated : ……………….

Sub : Consultancy Services for carrying out feasibility study Detailed Survey/Investigation, Alignment
Option, Preparation of General arrangement Drawing Engineering Report for new 4 lane bridge
over River Sabarmati & its approaches at 92/32 to 115/320 Km of NH 58 at khokhra Gujarat
Border – new NH 58 section , under NH-Division Ahmedabad in the state of Gujarat.

Sir,

You are hereby invited to submit Technical Proposal including firm credential and Financial
proposals, in separate sealed envelopes for the above work.

1. Introduction :
R&B dept., Government of Gujarat has been entrusted with the development, maintenance
and management of such of the National Highways as entrusted to it by the central
government. The government has decided to upgrade National Highway through consultancy
services for conduction technical feasibility studies for new four lane bridge over river Sabarmati
at 92/32 to 115/320 Km of NH 58 at khokhra Gujarat Border – new NH 58 section. GOG invites the
proposal from interested firms for consultancy services for conducting this study.

2. Objective of the Assignment :

The main objective of the proposed consultancy assignment service is to carry out feasibility
study, Survey/Investigation, Alignment Option, Approval of Proposed Alignment by Employer
and GAD from Irrigation dept / R&B GOG, for new bridge & its approaches in replacement.
Terms of Reference (T.O.R) are given in Annexure-I to this letter, which may be carefully studied
by the firm and taken into account in preparation of the proposal.

3. Contents of the proposal:

3.1 Technical Proposal:

The firm’s Technical proposal should demonstrate the feasibility study requirement and
understanding of the requisite tasks set forth in the scope of the work and the T.O.R. The
departments are on the lookout for technically sound and cost effective strategies for the new
bridge. The technical proposal should inter-alia, cover the following.

a. Background of the firm and its experience. Details of past and present major works of similar
nature carried out by the firm are to be submitted. The firm’s past experience for successful
completion of Planning, feasibility studies Survey, Investigation, Design, Drawings & DPR should
be given.

b. Availability of support facilities with the firm such as computers, software, and preparation of
Drawings on CAD shall be given.

c. After inspection of site, the detailed approach and methodology, which the firm proposes for
carrying out the services.

d. The technical proposal should be submitted electronically as well as hard bound copies.
1
3.2 Financial Proposal:

The financial proposal should be furnished only electronically. It should include complete cost of
opening an office at the project location, deployment of necessary manpower/key Personnel/
support staff as per this document. The proposal should have inbuilt cost for report requiring
stationary and its printing/binding. Further, the cost should also include the TA/DA involve in
discussions with employer as well as Ministry (Regional Office/Ministry headquarter).
Note:-The rates quoted by the consultant shall be inclusive of all taxes and including service
tax also. The bid cost should be quoted electronically on enclosed Performa at Annexure-IV.

Qualification Criteria :

a. The firm must be empanelled with the MORT & H.

b. Average Annual Turn Over of the Firm during Last 3 years should be Rs. 5.00 Crores or
More.
c. The Firm must have successfully prepared DPR/feasibility study of at least two major river
bridges & its approaches in Last 3 Years.

5. In order to obtain the first hand information about the assignment and the work involved and to
know the local conditions, it is suggested that necessary visit at the site may be carried out
before furnishing the proposal.

6. Both the technical as well as financial proposal shall be submitted on net through e-tendering
process. The technical proposal as well as EMD amounting to Rs. 1,00,000/- (Rupees one lakh),
must be delivered in hard copy also to the employer. The EMD should be in the form of FDR in
favour of Executive Engineer – National highway division, Ahmedabad, Gujarat.

7. The proposal will be received at the level of the EE/SE/equivalent level officer of concerned
project.

8. The work shall be awarded to technically qualified lowest Financial Bidder.

9. Please note that the conditional offers shall not be entertained by this Department at all. The
offer should be strictly on the basis of the T.O.R., scope of services and payment schedule
enclosed with this letter of invitation.

10. The period of validity of the proposal will be 90 days reckoned from the Stipulated last date for
receipt of proposal i.e. __ /__/______, during which period the firm will maintain without change
the personnel proposed for the assignment and the quoted price.

11. The assigned work will be completed in 180 Days including Approval of GAD from all the
authorities.

12. The proposal in one hard bound Copies should be delivered to the undersigned on or before __
/__/______.

13. The technical personals being proposed by the bidder will be required to be presented before
employer /authority, if directed so.

14. The Government reserves the right to accept or reject any offer without assigning any reason
whatsoever.
Yours faithfully,
Executive Engineer - National Highway Division
Ahmedabad, Gujarat, India.

2
 ANNEXURE – I

TERMS OF REFERENCE FOR CONSULTANCY SERVICES FOR

Consultancy Services for carrying out feasibility study Detailed Survey/Investigation, Alignment Option,
Preparation of General agreement Drawing Engineering Report for new 4 lane bridge over River
Sabarmati & its approaches at 92/32 to 115/320 Km of NH 58 at khokhra Gujarat Border – new
NH 58 section , under NH-Division Ahmedabad in the state of Gujarat.

1. PROJECT BACKGROUND:

R&B dept., Government of Gujarat has been entrusted with the development, maintenance
and management of such of the National Highways as entrusted to it by the central
government. The government has decided to upgrade National Highway through consultancy
services for conduction technical feasibility studies for new four lane bridge over river Sabarmati
at 92/32 to 115/320 Km of NH 58 at khokhra Gujarat Border – new NH 58 section. GOG invites the
proposal from interested firms for consultancy services for conducting this study.

2. OBJECTIVE

The main objective of the proposed consultancy assignment service is to carry out feasibility
study, Survey/Investigation, Alignment Option, Approval of Proposed Alignment by Employer
and GAD from Irrigation dept / R&B GOG, for the new bridge & its approaches in replacement.
Terms of Reference (T.O.R) are given in Annexure-I to this letter, which may be carefully studied
by the firm and taken into account in preparation of the proposal.

3. SCOPE OF THE CONSULTANCY SERVICES:

The Scope of Services shall thus cover but be not limited to the following major tasks:

i. Review of all available reports and published information about the project bridge and the
project influence area;

ii. Detailed reconnaissance;

iii. Identification of possible improvements in the existing alignment with evaluation of different
alternatives and _ proposal of best suited alignment/geometric for this new bridge.

iv. Inventory and condition surveys of existing approach Road;

v. Inventory and detailed condition surveys for cross drainage structures in approaches alignment
for this new bridge and drainage provisions;

vi. Topographic surveys using Total Stations as per guidelines of latest IRC SP-19. Fixing of TBM and
all reference Point on Ground during survey and should be clearly shown on detailed survey
drawings.

vii. Geotechnical Investigation work for proposed THE BRIDGE as per guidelines of latest IRC SP-19
and IRC 78. Minimum 10 bores up to the required depth as per Appendix 2 , clause 3 of IRC 78 &
as required for detailed design of foundation & establishing the sub soil profile of entire length of
the bridge portion.

3
viii. Preparation of Alignment Option Study Report & General Arrangement Drawing for approval of
concerned authorities.
ix. Finalization of GAD for this new bridge and submission to Employer for Approval of GAD by
concerned Authorities – Irrigation dept / R&B GOG. The selected Consultant will have to interact
with Authorities on technical issue during approval of GAD. However, during the process of
Approval of GAD, the required P&E charges asked by authority shall be paid by employer.
x. Preparation of GAD for Construction for this new bridge & its approaches (in accordance
Approved GAD by concern Authorities), Plan & profile of approach Road as per Guide Lines of
related IRC and IS codes.
xi. As per Ministry guidelines all the works are to be executed on EPC mode, the consultant is
supposed to provide required schedules as per EPC document. For that it is suggested that
consultant should go through the EPC document of Ministry before bidding the project.
xii. Preparation of Feasibility Report/Preliminary Project Report including Cost Estimate as per
Ministry’s Data Book.
xiii. Obtaining approval for GAD from R&B, GOG’s Irrigation dept / R&B GOG & MORT&H.

Standards and Codes of Practices

1 Activities related to field studies, design and documentation shall be done as per the latest
guidelines/circulars of MORT&H and relevant publications of the Indian Roads Congress (IRC), &
Bureau of Indian Standards (BIS).

2 All notations, abbreviations and symbols used in the reports, documents and drawings shall be
as per IRC:71.

(iii) Time period for the service

The total time period for the assignment is of 6 months only including approval of GAD from authority –
GOG’s Irrigation department / R&B GOG. The final reports, drawings and documentation shall be
completed within the respective time schedule.

(iii) Sequencing of Project Preparation

Project preparation activities will be split into three stages as brought out below. Each stage will cover a
set of activities to be completed before moving to the next stage and shall be followed with a detailed
report in respect of each stage.

Stage 1 : Alignment Option and Inception Report.

Stage 2 : Survey/Investigation and Preparation of GAD for this BRIDGE including its approaches for
approval by Concerned Authorities.

Stage 3 : Based on Feasibility study, Preliminary Design, Drawing (GAD) and Preparation of Final Report
for Construction of this BRIDGE & its approaches.

6. Time schedule in respect of all such stages has been indicated in the next para. Consultant shall
be required to complete, to the satisfaction of the employer, all the different stages of study
within the time frame indicated in the schedule of submission to Reports and Documents for
becoming eligible for payment for any part of the next stage.

4
7. Reports and Documents to be submitted by the Consultants to Employer. The Consultants shall
submit to the employer the following reports and documents after completion of each stage of
work and in the number of copies indicated against each.. Consultants shall submit all other
reports mentioned specifically in the preceding paras of the TOR, even though they are not
mentioned below:

Sr. No. Activity No. of Copies Allotted Period

i) Stage1 : Alignment Option & Inception Report 8 30 Days

Stage2 : Survey/Investigation & Preparation of GAD

ii) for this new BRIDGE including is approaches for 8 120 Days
approval by concern Authorities
Stage 3 : GAD & Final Report for Construction of this
iii) new BRIDGE & its approaches. (Final Report) along 8 30 Days
with schedules required as per EPC contract

7.1 Report preparation activities will be splitted into stages as brought out below and shall be completed
within stipulated time.

STAGE-1: Inception Report:

The consultant is required to submit his inception report to the employer within 30 days of award of the
work. The report shall cover the following:
(i) Proposed Alignment & options.
(ii) Detailed methodology to meet the requirement of the TOR including number of teams mobilized
for deployment, scheduling of various activities to be carried out for completion of different
stages of work within the stipulated time schedule.
(iii) Task assignment and work schedule.
(iv) Work programme
(v) Performa for data collection.
(vi) Key personal to be employed.
(vii)Time frame for submission of various reports.
The consultant shall carry out the modifications, if required in the inception report. The consultant will be
submitting the report to employer who will forward the report to Ministry for approval with his comments.
The approval of inception report will generally be given within 30 days of its submission.

STAGE – 2: Survey, Investigation & GAD

The consultants may take up the work of preparation of feasibility studies for the work as per their
inception report in anticipation of its acceptance but shall modify their programmes and procedures in
the light of comments of employer/MORT&H on the inception report if any. They shall submit the draft
report within 120 days from the approval of inception report. The draft report shall cover the entire
scope of services required form the consultant which inter-alia includes:
(i) Need/Justification of THE BRIDGE
(ii) Alignment plan showing proposals for alignment.
(iii) Detailed hydraulic study & cacualations
(iv) GAD with necessary approvals
(v) Siting of the project
5
 (vi) Typical cross section of the proposed BRIDGE and Approaches and Longitudinal section.
(vii) Cost estimates.
(viii) Traffic study & analysis
(ix) Economic analysis
(x) LPS and estimate for LA if necessary
(xi) Shifting of utility study report.

STAGE 3: Final Report

Comments of MORT&H on the draft report shall be given within 30 days of its receipt. Thereafter, the
consultant shall carry out, modifications required in the draft report and submit the modified draft report
to Ministry through employer within 30 days for approval. The approval on the modified final report will
generally be given within 15 days of its submission.
The report of financial feasibility should be based on the current traffic, future projection of traffic, cost
of the project, financing cost of the project, future maintenance etc. The consultant will also suggest
the requirement of viability gap funding and also suggest concession period.

8. SCHEDULE OF PAYMENTS

1. On submission of Alignment Option and Inception Report (in

8 Copies)……………………………………………….……………….....….. 15 %

2. On Submission of GAD of proposed BRIDGE including its approaches (in 8

Copies)……………………………..…………….…………………………….30 %

3. On submission of complete feasibility report as per approval

(in 8 Copies)……………………………..…………….…………………………….35 %

4. On Approval of Feasibility Report by Authorities / MORT&H

……………………………………………..…………….…………………………….20 %
9. Key Personnel & Office Staffs
It is anticipated that consultants will propose suitable staffing inputs for key personnel. For this
purpose the key personnel given below may be treated as broad reference and different could be
proposed by the consultants for man months required for the project with suitable justification
based on their services and equivalent quality inputs

Key Personnel Man Months

Highway engineer cum team leader 1
Material cum Geo-tech/foundation engg. 1
Bridge Engineer 3
Senior survey expert 2
Traffic Engineer 1
Hydrologist cum drainage Engineer 1.5
Environmentalist 1
Financial Analyst 1
Tender Document specialist

6
B. OTHER PERSONNEL (As per requirement assessed by the consultants Supported with details)
NOTE: - Minimum qualification of key personnel/Specialist should be as per the Annexure-II

7
 CONTRACT AGREEMENT FOR CONSULTANCY SERVICES

THE AGREEMENT made on the ________________________day of _____ between the _______________, state
of ____________ acting through the _________________, National Highway (hereafter called “Employer”
Which expression shall unless exclude by or repugnant to the context to deemed to include his
successors in office and assign) of the ONE PART and ___________________________________

(For Proprietary Concern)

and Shri____________________________________Son of______________________________ RESIDENT
OF______________________________________________________________ and
Shri_________________________________________Son of______________________________
RESIDENTOF___________________________________________________________

(Add other names here if there are more partners) carrying on business in co-partnership under the
name and style of_________________________________________________at__________
__________________________________(called the said “Consultant” which expression shall unless the
context requires otherwise include each of them and their respective heirs, executors, administrators
and legal representatives) OF THE OTHER PART.

(For Companies)
and M/S______________________________________________a Company incorporated under the
companies Act 1956 and having its registered office at_______________________________________________
in the State of _______________________________________________________________ through its Director /
Authorised person Shri___________________________________(hereinafter called the said “Consultant”
which expression shall unless the context requires otherwise include its successors and assigns) OF THE
OTHER PART.
(For Associated/ Joint Consultants)

and M/S_______________________________________________________ in association with M/S

________________________________________( both jointly and separately hereinafter called the
Consultant the other part). Notwithstanding such association, the Consultants will be represented
hereunder at all times by M/S___________________________________________ which will retain full and
undivided responsibility for performance of obligations hereunder and for the satisfactory completion of
Consultancy services to be performed hereunder.

WHEREAS the Employer has invited the Consultant to provide consultancy services (hereinafter called
the “Services” and as fully described in Terms of Reference for Consultancy appended as Appendix I
and clarificatory letters Nos.___________dated___________& collectively enclosed as Appendix II. AND

WHEREAS THE Consultants has agreed to provide services on the terms & conditions set forth in this
contract. NOW THIS PRESENT WITNESS THAT THE PARTIES HAVE HEREBY AGREED HERETO AS FOLLOWS:

Representative of Employer Representative of consultant

Witness Witness
1. 1.
2. 2.

8
 ARTICLE –I: GENERAL

1.1 For the purpose of the Agreement, the following expression shall have the meaning hereby
assigned to it except where the context otherwise requires:

(a) Employer’s representative means “__________________________________________”

(b) The Consultant’s Representative for purposes of the work shall mean The Team Leader
Shri _______________________________or any one duly authorized by him in writing.

1.2 Date of start shall be reckoned as the date of issue of work order.

1.3 Words importing the singular shall also include the plural and vice versa where the context so
requires.

1.4 The headings or marginal notes in this Agreement shall not be deemed to be part thereof or be
taken into consideration in the interpretation or construction thereof or of the contract.

9
 ARTICLE 2 : SCOPE OF WORK

2.1 Scope of Work:

The Consultant shall perform the services under this agreement in accordance with the Terms
of References set forth in Appendix-I, letter or clarification issued vide letter No.______________
dated _______________and minutes of the contract negotiations collectively appended as
Appendix – III hereto. The bid submitted by the Consultant together with letter no. _____________
dated _______________ and _____________ appended collectively as Appendix-IV shall be
deemed as part of this contract agreement. In case of any conflict between the provisions
mentioned in the Terms of Reference and the provisions of the contract agreement, the
decision of Employer shall be final and binding on the Consultant.
In case of the Employer decide to get some additional work executed, the appointed
consultant will be instructed in Writing for the additional works, which are not covered in scope
of work. The additional justified fee for additional work assigned will be decided by Employer
and got approved by the Competent Authority before communicating variation order to the
consultant.

10
 ARTICLE 3: TIME SCHEDULE

3.1 TIME SCHEDULE

The Consultants will commence the services after the work order is issued. Each stage of the
work will be completed as per Schedule given.

SCHEDULE OF SERVICES

Sr. No. Activity No. of Copies Allotted Period

i) Stage1 : Alignment Option & Inception Report 8 30 Days

Stage2 : Survey/Investigation & Preparation of

ii) GAD of proposed THE BRIDGE including is 8 120 Days
approaches for approval by Concern Authorities
Stage 3 : GAD & Final Report for Construction of
proposed THE BRIDGE & its approaches. (Final
iii) 8 30 Days
Report) along with schedules required as per EPC
contract

3.2 PROGRESS OF WORK

If for any reason, which in the opinion of the employer’s representative does not entitle the
Consultant to an extension of time or the rate of progress of the works of any section is at any
time, too slow to make it impossible for the Consultant to complete the study by the prescribed
time or extended time, the Employer may , notify the delay to the Consultant in writing and the
Consultant shall there upon with the approval of the Employer, which shall not be unreasonably
withheld take such steps as and necessary to expedite progress so as to complete the works on
such sections by the prescribed time or extended time. The Consultant shall not be entitled to
any additional payment for taking such steps. Such extension shall be without prejudice to the
right of Employer to terminate the contract.

3.3 PERFORMANCE SECURITY

Within 21 days of the letter of acceptance, the consultant shall deliver to the employer a
performance security in the form of bank guarantee for an amount equivalent to 5% of the
contract price. The bank guarantee will be released at the time of final payment to the
consultant. The proforma for guarantee is at Annexure-III.

3.4 RESPONSIBILITY FOR ACCURACY OF PROJECT PROPOSALS

The consultants shall be responsible for accuracy of all data used in project preparation and the
/drawings and estimates prepared by him as part of the project. Permanent location marks
adequate for identification during execution shall be kept at the site at the cost of consultant.
He shall indemnify the employer against any inaccuracies in the work which might surface out at
the time of ground implementation of the project and for this purpose, he shall furnish bank
11
 guarantee for an amount to the extent of 10% of the total consultancy fees to be received by
him. In such cases, the consultant is responsible to correct the drawings including any re-
surveys/investigations (including correcting the layout etc.) as required. The bank guarantee
shall be valid for a period of 3 years from the date of submission of the final Report. The final
installment of 20% of the fees shall be released only on receipt of this bank guarantee. It is to
made clear that total Bank Guarantee aggregating to 10% of contract price valid for 3 years
should be submitted by consultant at the time of submission of final bill. The performance
security submitted at the time of signing of contract agreement will be released at the time of
payment of final bill.

3.5 An undertaking should be given by the consultant that they will provide required technical
assistance/clarification when requested by the employer during construction of the said THE
BRIDGE.

3.6 OBLIGATION OF THE EMPLOYER

3.6.1. Assistance and Exemptions

Unless otherwise specified the Employer shall use its best efforts to ensure that the Government
shall:
a) Provide the Consultants, Sub consultants and Personnel with work permits and such other
documents as shall be necessary to enable the Consultants, 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 instructions as may be
necessary or appropriate for the prompt and effective implementation of the Services;
e) The Employer/Ministry should communicate their observations on the submitted reports
preferably one time, the same should be restricted to maximum two times. Also, the comments
should be made within one month from the date of receipt of reports.

3.6.2. Access to Land

The Employer warrants that the Consultants 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 Employer will be responsible for any damage to such land or any property
thereon resulting from such access and will indemnify the Consultants and each of the Personnel
in respect of liability for any such damage, unless such damage is caused by the default or
negligence of the Consultants or any Sub consultants or the Personnel of either of them.

3.6.3. Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law with respect to
taxes and duties which increases or decreases the cost or reimbursable expenses incurred by
the Consultants in performing the Services, then the remuneration and reimbursable expenses
otherwise payable to the Consultants under this Contract shall be increased or decreased
accordingly by agreement between the Parties hereto, and corresponding adjustments shall be
made to the ceiling amounts specified in Clause 6.1(b),

3.6.4. Services, Facilities and Property of the Employer

The employer shall make available to the Consultants and the Personnel, for the purposes of the
Services and free of any charge, the services, facilities and property described in Appendix D at
the times and in the manner specified in said Appendix D, provided that if such services, facilities

12
 and property shall not be made available to the Consultants as and when so specified, the
Parties shall agree on (i) any time extension that may be appropriate to grant to the Consultants
for the performance of the Services, (ii) the manner in which the Consultants shall procure any
such services, facilities and property from other sources, and (iii) the additional payments, if any,
to be made to the Consultants as a result thereof pursuant to Clause 6.1I hereinafter.

3.6.5. Payment
In consideration of the Services performed by the Consultants under this Contract, the Employer
shall make to the Consultants such payments and in such manner as is provided by Clause 6 of
this Contract.

13
 ARTICLE 4: PAYMENTS OF REMUNERATION

Payment of remuneration for the performance of all services related to this Agreement shall amount to
Rs. _______________________________ (Rupees _________________________________________ in words) only
and shall become payable in stages as mentioned below:

SCHEDULE OF PAYMENTS

1. On submission of Alignment Option and Inception Report

(in 8 Copies)……………………………………………….……………….....….. 15 %

2. On Submission of GAD of proposed BRIDGE including its approaches

(in 8 Copies)……………………………..…………….…………………………….30 %

3. On submission of complete feasibility report as per approval

(in 8 Copies)……………………………..…………….…………………………….35 %

4. On Approval of Feasibility Report by Authorities / MORT&H

……………………………………………..…………….…………………………….20 %

14
 ARTICLE 5: PERSONNEL & SUB-LETTING

5.1 Personnel:
(a) The Services shall be carried out by the Consultant through the Personnel specified in CLAUSE-9
of ANNEXURE-I The Consultant may, with the prior approval of the Employer, make minor
adjustments in such periods as may be appropriate to ensure efficient performance of the
Services, but such adjustments will not entitle any extra payments beyond the contract price.
(b) Except as the Employer may otherwise agree, no changes shall be made in the Personnel if for
any reason beyond the reasonable control of the Consultant, it becomes necessary to replace
any of the Personnel, the Consultant shall forthwith provide as a replacement, person of
equivalent or better qualifications after obtaining prior approval of the employer.
(c) In the event that any person specified in CLAUSE-9 of ANNEXURE-I is found by the employer to
be incompetent to discharge his assigned duties, the Employer may request the Consultant to
forthwith provide as replacement a person with qualifications and experience acceptable to
the Employer. The Consultant shall bear all additional cost arising out of or incidental to any
replacement.

5.2 Except where otherwise provided elsewhere in the Contract, the Consultant shall not assign or
sublet the services or any part thereof, not engage any independent consultant or sub-
contractor to perform any part of the service without the prior written consent of the Employer.
In the event of sub-contracting of service the Consultant shall submit to the Employer the text of
the proposed amendment thereof, in detail for approval of Employer.

5.3 The approval of the Employer to the arrangement of sub-letting any part of the contract or to
the engagement by the Consultant of an independent Consultant or sub-contractor to perform
any part of the services shall not relieve the Consultant of any of its obligations under the
contract.

5.4 Authorised Representative: Any action required or permitted to be taken and any document
required or permitted to be executed under this Contract may be taken or executed on behalf
of the Consultant by the Team Leader or his designated representative and on behalf of the
Employer by ______________________________.

5.5 Notice or Requests: Any notice or request required or permitted to be given or made under this
contract shall be in writing. Such notice or request shall be deemed to be duly given or made
when it shall have been sent / mailed by Registered Post or hand delivered telexed or cabled to
the party to which it is required to be given or made at such party’s address specified below or
at such other address as either party may specify in writing.
For the Employer For the Consultant

Name: Name:

Address: Address:

Cable: Cable:

Telex: Telex:

15
 ARTICLE 6: CONSULTANTS RESPONSIBILTIES

6.1 The Consultant shall carry out the services with due diligence and efficiency and in conformity
with sound engineering, administrative and financial practices. He shall execute and complete
the work in all respects to the satisfaction of the Employer and do all other things required to be
done for such execution and completion.

6.2 The Consultant shall act at all times so as to protect the interest of the Employer and will take all
reasonable steps to the minimum consistent with sound economic and engineering practices.

6.3 The Consultant shall prepare all specifications and designs using the metric system and the latest
design criteria.

6.4 Quality Assurance: The Consultant shall prepare an in house quality assurance plan for the
Service and get it approved from the employer so as to ensure satisfactory quality of the
consultancy services in conformity with the assigned Terms of Reference. The Consultant shall
ensure to the satisfaction of the Employer that quality assurance is duly exercised within their _
authorized_ n.

6.5 The Consultant shall ensure that the specifications; and design of all documents relating to the
project are prepared on an impartial basis and no particular product or company or trade
name is given advantage.
The Consultant shall not have the benefit either directly or indirectly of any royalty or of any
gratuity or commission in respect of any patented or protected article or process used on or for
the purpose of the Agreement unless it is mutually agreed in writing that he may do so.

6.6 The Consultant shall promptly furnish to the employer such information relating to the services
and the project as the Employer may from time to time reasonably request.

6.7 Indemnifications: The Consultant agrees to indemnity protect and defend at this own expense
the Employer and their agents from and against all options, claims and liabilities arising out of
acts done by the consultants or the Personnel in the

6.8 Confidentiality: Except with the prior written consent of the Employer, the Consultant and the
Personnel shall not at any time communicate to any person or entity any confidential
information disclosed to them for the purpose of any Services or discovered by them in the
course of the Services nor shall the Consultant or his Personnel make public any information as to
their recommendations formulated in the course of or as a result of the Service.

6.9 Prohibition on Association: The Consultant agrees that during and after the conclusion or
termination of this Contract, the Consultant limits his role under the project to the provision of the
Services and hereby disqualifies himself and other contractor, consulting engineer or
manufacturer with which the consultant is associated or affiliated from the Provision of goods or
services in any capacity for the Project including bidding for any part of the Project except as
the employer may otherwise expressly agree.

16
6.10 Prohibition on Conflicting Activities: No member of the personnel assigned to the contract shall
engage directly or indirectly either in his name or through Consultant in any other business or
professional activities other than the performance of his duties or assignment under this
Agreement.

6.11 Proprietary Rights of the Employer in Reports & Records : Interim/Final version of the design/report
submitted to the Employer and all reports and relevant data such as maps, diagrams, plans,
statistics and supporting records or material compiled or prepared in the course of the Services
shall be confidential and shall be the absolute property of the Employer. The Consultant may
retain a copy of such data but shall not use the same for purposes unrelated to this Contract
without prior written approval of the Employer.

6.12 Insurance:
(a) The Consultant shall at his costs take out and maintain adequate insurance against all claims
relating to third party liability.
(b) The Employer undertakes no responsibility in respect of any life, health, accident, travel and
other insurance which may be necessary or desirable for the personnel of or sub-contractors
and specialists associated with the consultants for the purposes of the Services not for such
members of the family of any such person.

6.13 Review of Progress: The Consultant shall be required to attend the office of the Employer to
review progress and receive instructions as and when required by the Employer at his own costs
which will not normally be more than once a month.

6.14 Errors in Service: The Consultant shall be responsible for any inaccuracy /omission in data used
for the services {e.g. field levels for detailed engineering and if any errors are noticed (e.g. at the
time of setting out the projects)}, the consultant shall verify the same at his risk and cost including
preparation of fresh drawings/records as called for.

17
 ARTICLE 7: EMPLOYER’S RESPONSIBILITY

7.1 The _________________ shall be fully authorized to give clearance to all reports and make
payments for the services and facilities as detailed in Terms of Reference.

7.2 The _________________ shall accord or ask for clarification at each stage of the services within 30
days of submission of report.

7.3 The Employer while granting extension of time, shall also issue a variation order stating the
reasons for extension and the amount which the Consultant will be entitled to on account of
extension.

7.4 The employer should seek clarification on submitted reports preferably within 15 days. In case no
observations are made by Employer within 45 days the reports should be deemed approved
and the payment to the consultant will be made as per term of Agreement.

18
 ARTICLE 8: VARIATIONS

8.1 Variation of Contract: The Contract may be varied by agreement between the parties. All such
variations, including variations in scope in the time and cost estimate shall be in writing signed by
the duly _ authorized representatives of the parties. Variations which are natural extension of
services or are essential for completion of services shall not be refused by the Consultant.

8.2 The Consultant where ever required shall submit a detailed break up of cost of the contract
amount into various components of the work, when desired by the Employer and the variation
shall be priced on the basis of this break up

8.3 Should the amount of extra or additional work of any kind or any cause of delay referred to in
these conditions or exceptional adverse climatic conditions, or other special circumstances of
any kind whatsoever which may occur other than through a default of the Consultant to an
extension of time for the completion of the works. The Employer on application from the
Consultant determine the amount of such extension and shall notify the Consultant accordingly
provided that the Employer is not bound to take into account and extra or additional work or
other special circumstances unless that Consultant has within ___________days after such work
has been commenced or such circumstances have arisen or as soon thereafter are practicable,
submitted to the Employer full and detailed particulars of any order that such submission may be
investigated at that time.

19
 ARTICLE 9: GENERAL PROVISIONS
GENERAL PROVISIONS
9.1 Suspension: If any of the following events shall have happened and be continuing, the
employer may by written notice to the Consultant suspend in whole or in part payments to the
Consultant under the Contract:
(a) A default shall have occurred in the execution of the terms under the Contract on the part of
the Consultant.
(b) Any other condition has arisen which in the reasonable opinion of the Employer interferes or
thereafter to interfere with the successful carrying out of the Project or the accomplishment of
the purposes of the Contract.
(c) In case the consultancy work is extending un-reasonably i.e. more than 2 to 3 years.
Employer/Consultant may foreclose the Agreement with approval of Ministry/Competent
Authority and the consultant will be paid for the work carried and reports submitted by them

9.2 Termination of the Contract by the Employer:

(a) If any of the following events shall have happened and be continuing, the employer may be
written notice to the Consultant terminate the Contract.
(i) Any of the conditions referred to in Article 9.1 shall continue for a period of fourteen (14)
days after the Employer shall have given written notice to the Consultant of suspension of
payments to the consultant under the contract.
(ii) In the event of Consultant(s) fail to complete the ;services, or abandons the services in
between or without reasonable excuse fails to commence the services or suspend the
services or sub-let the services without prior approval, the Employer may after giving
fifteen (15) days notice in writing terminate the contract. In that event the performance
security shall be forfeited
(b) In any event, the Employer may terminate the Contract at anytime by giving not less than thirty
(30) days written notice to the Consultant.

9.3 Termination or the Contract by the Consultant: The Consultant shall promptly notify the Employer
in writing of any situation or of occurrence of any event beyond the reasonable control of the
Consultant which makes it impossible for the Consultant to carry out its obligations hereunder
upon confirmation in writing by the Employer of the existence of any such situation or event, or
upon failure of the Employer to respond to such notice within thirty (30) days of receipt thereof,
the Consultant shall be relieved from all further liability from the date of such receipt for failure ;to
carry out such obligations and the Consultant may there upon terminate the Contract by giving
not less than thirty (30) days written notice thereof.

9.4 Termination Procedure

(a) Upon termination of the Contract under Section 9.2 receipt of notice of termination under
Section 9.2 or the giving of notice of termination under section 9.3 the Consultant shall take
immediate steps to terminate the services in a prompt and orderly manner and to reduce losses
and to keep further expenditure to a minimum.

(b) Upon termination of the contract (unless such, termination shall have been occasioned by the
default of the Consultant), the Consultant shall be entitled to be reimbursed in full for such costs
as shall have been due to them prior to the date of such termination and for reasonable costs
incidents to the orderly termination of the Services, the return travel of the Personnel and the
reshipment of the personal and the equipments of the Consultant, but shall be entitled to
receive no other or further payment.

9.5 Settlement of Disputes: If any dispute or difference of any kind whatever (the decision whereof
is not herein otherwise provided for) shall arise between the Employer and the Consultant in
20
 connection with or arising out of the contract of services whether during the progress of the
works or after their completion and whether before or after the termination, abandonment or
breach of the Contract. It shall, in the first place, be referred to and settled by the Employer who
shall within a period of sixty (60) days after being requested in writing by the Consultant to do so
give written notice of his decision to the Consultant subject to arbitration as hereunder provided
such decision in respect of every matter so referred shall be final and binding upon the
Employer and the Consultant and shall forthwith be given affect to by the Consultant who shall
proceed with the execution of the services with all due diligence whether he or the Employer
requires arbitration as hereafter provided or not. If the Employer has given written notice of his
decision to the Consultant and no claim to arbitration has been communicated to him by the
Consultant within a period of sixty (60) days from receipt of such notice the said decision shall
remain final and binding upon the Consultant. If the employer shall fail to give notice of his
decision as aforesaid within a period of sixty (60) days after being requested as aforesaid of it
either the Employer or the Consultant be dissatisfied with any such decision then and in any such
case either the Employer or the Consultant may within sixty (60) days of receiving notice of such
decision as arbitration as hereafter provided. All disputes or differences in respect of which the
decision, if any, of the employer has not become binding as foresaid shall on the initiative of
either party be referred to the adjudication of a Committee of three (3) arbitrators. The
Committee shall be composed of one arbitrator to be nominated by the Employer one to be
nominated by the Contractor and the third who will also act as the Chairman of the committee
will be nominated by the Ministry. In case either the Consultant or the Employer or both fail to
nominate arbitration within 60 days of the date of issue of notice for arbitration the Engineer-in-
chief-Cum-Additional Commissioner-cum Special Secretary Road Construction Deptt. Govt. of
Bihar shall nominate arbitrator on behalf of the Consultants or Employer or both as the case may
be and arbitration shall proceed forthwith. Save as otherwise provided in the Contract the
arbitration shall be conducted in accordance with the arbitration shall be conducted in
accordance with the provision of the Indian Arbitration Act 1940 or any statutory modification or
enactment therefore and shall be held at such place and time in India as the Committee of
arbitrators may determine. The decision of the majority of the Arbitrators shall be final and
binding as may be determined by the Arbitrators Performance under the Contract shall continue
during the arbitration proceeding and payments due to the Consultant by the Employer shall not
be the subject matter of all the arbitration proceedings.
All awards shall be in writing and such awards shall state reasons for the amounts awarded. No
decision given by the Employer in accordance with the foregoing provisions shall disqualify him
from being called as a witness and giving evidence before the arbitrators as aforesaid and
neither party will be limited in the proceedings before such arbitration to the evidence of
arguments put before the Employer for the purpose of obtaining his said decisions.

Force Majeure

(a) If either party is temporarily unable by reason of force majeure of any laws or regulations of the
State Government to meet any its obligations under the Contract and if such party gives to the
other party written notice of the event within fourteen (14) days after its occurrence such
obligations of the party as it is unable to perform by reason of the event shall be suspended for
as long as the inability continues.
(b) Neither party shall be liable to the other party for loss or damage sustained by such other party
arising from any event referred to in Section 6.06(a) or delays arising from such event.
(c) The term “Force Majeure” as employed herein shall mean acts of God, strikes, lock-outs or other
industrial disturbance acts of the public enemy, wars, blockades, insurrection, riots, epidemics,
landslides, earthquakes, storms, floods, wash outs, civil disturbances, explosions and any other
similar events not within the control of either party and which by the exercise of due diligence
neither party is able to overcome.

21
 ARTICLE 10: COMPLETION

10.1 The contract shall become effective upon the date notice is given to proceed with the services
and shall be in full force until the services and all payments therefore have been completed and
at such time a “Completion Certificate” shall be issued by the Employer and the parties hereto
shall be mutually released from all obligations of providing further services, unless otherwise
specified in this agreement.

IN WITNESS WHEREOF the portion hereto through there duly authorized representatives have set
their hands and sealed the day and year first above written
at____________________________________________________________.

SIGNED BY
IN PRESENCE OF

1…………………………..

2………………………….

SIGNED BY THE AFORESAID CONSULTANTS UNDER THE

COMMON SEAL OF

SIGNED BY

Affix in pursuance of the provision of ____________________________________

Rule____________________ of the Article of Association and/or Resolution resolved in the Extra/Ordinary
General/Board Meeting of the consultants held on__________________ whichever is applicable)”.

(NOTE: Person signing for the Consultant shall be required to give evidence of fact that he is
authorized to sign on behalf of the firm company etc. as required.)

22
 ANNEXURE-II

MINIMUM QUALIFICATION OF KEY PERSONNEL

1 HIGHWAY ENGINEER
The Engineer will be a graduate (preferably masters degree) in Civil Engineering with at least 10
years (preferably 15 years) of professional highway engineering experience of handling project
preparation and construction of Highway projects (preferably National Highway projects) in
India or similar developing countries including on project preparation/construction of major
Highway/Bridge projects.

2. BRIDGE ENGINEER
The position requires an engineer, preferably with a degree or equivalent in structural/bridge
engineering (preferably masters degree), with minimum 10 years experience out of which at
least 5 years on design and construction of bridges and structures of National Highways/State
Highways. The candidate must have capability to design bridges with various alternative
materials and structural arrangement, he should have designed ridge rehabilitation is required.
The candidate must have the experience of planning & monitoring geotechnical and hydraulic
investigations for the bridges and interpreting the findings thereof.

3. TRAFFIC ENGINEER
The position requires a graduate civil engineer preferably with high qualification in Traffic
Engineering with at least 5 year (preferably 10 years) on projects of similar nature in developed/
developing countries. The candidate must have wide experience of traffic survey, traffic
forecast, junction design and road safety.

4. MATERIAL ENGINEER-CUM GEOTECHNICAL ENGINEER:

This position requires an Engineer who should be graduate in civil engineering or science with at
least 10 years professional engineering experience including 5 years in supervising sub soil
investigations for roads and bridges and evaluation of highway construction materials used in
modern highway construction techniques. The candidate must be thoroughly familiar with all
the standard laboratory testing procedures adopted in case of highway projects of similar
nature in developing countries with international financing.

5. SENIOR SURVEY EXPERT:

This position is of specialist nature and the expert is expected to have thorough understanding of
modern computer based methods of surveying like total stations, use of satellite imagery, digital
terrain model etc. as being practices in project preparation of modern highway construction.
The candidate is expected to contribute significantly by guiding/supervising the surveyors
improving the quality of survey works for achieving maximum possible accuracy without any
gap in survey based details. The candidate should at least be qualified Surveyor. He should have
minimum, 5 years professional experience including at least 2 years in highway related projects
of comparable nature each in developed and developing countries. He should have
experience of training other Surveyors.

6. ENVIRONMENTALIST:
The environmentalist is expected to undertake all activities related with environmental
clearance for the projects under the guidelines of the MOEF, Govt. of India etc. He should be
thoroughly familiar with various environmental issues/factors related to highway projects
required to be assessed and analyzed for screening and to undertake best mitigation measures
to the satisfaction of MOEF, Govt. of India. The candidate for this position should be a graduate

23
 in environmental/civil engineering or any other equivalent relevant qualification. He should have
at least 5 years of professional experience as environmentalist of which at least 3 years in similar
highway projects.

7. TENDER DOCUMENT SPECIALIST:

The candidate should have graduate qualification preferably in Civil Engineering. He should
have at least 5 year experience in preparation of tender documents etc. He should also be well
versed with legal matters of the tender.

8. FINANCIAL ANALYST:
The professional must have CA/MBA(Finance) degree and should have at least 2 years of
experience in analyzing the BOT projects.

9. Hydrologist cum Drainage Engineer :

The position requires an engineer, preferably with a degree or equivalent in Civil engineering
(preferably masters degree), with minimum 10 years experience out of which at least 5 years on
hydraulic design and construction of bridges and structures of National Highways/State
Highways.

24
 Annexure-III
Format for Bank Guarantee for Performance Security
BANK GUARANTEE FOR PERFORMANCE SECURITY

To

(Name & Address of Authority)

In consideration of ____________________________ (hereinafter referred as the “Employer”, which

expression shall, unless repugnant to the context or meaning thereof include its successors,
administrators and assigns) having awarded to M/s.………………………………… having its office at
……………….. (Hereinafter referred to as the “Consultant” which expression shall repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns), a contract by
issue of employer’s Contract Agreement no. / Letter of Acceptance No. ……………….. dated
……………… and the same having been unequivocally accepted by the Consultant, resulting in a
Contract valued at Rs…………../- (Rupees….………………….) excluding service tax for __________________
under – Contract Package No. ______________________ (Hereinafter called the “Contract”), and the
Consultant having agreed to furnish a Bank Guarantee to the Employer as “Performance Security as
stipulated by the Employer in the said contract for performance of the above Contract amounting to
Rs. ……………./-(Rupees…………………………………….). We, ……………………………..having registered
office at …………….., a body registered/constituted under the ……………………….(hereinafter referred
to as the Bank), which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the
employer immediately on demand any or, all money payable by the Consultant to the extent of Rs.
……………..(Rupees………..………………..) as aforesaid at any time up to ………..without any demur,
reservation, contest, recourse or protest and/or without any reference to the consultant. Any such
demand made by the employer on the bank shall be conclusive and binding notwithstanding any
difference between the Employer 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 Employer discharges this guarantee.

The Employer 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 Employer 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 Employer and the
Consultant any other course or remedy or security available to the Employer. The bank shall not be
relieved of its obligations under these presents by any exercise by the Employer 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 Employer or any other indulgence shown by the
Employer 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 Employer 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 Employer may have in relation to the
Consultant’s liabilities. Notwithstanding anything contained herein, a) Our liability under this Bank
Guarantee is limited to Rs.………………. (Rupees……………………) and it shall remain in force up to and

25
including …………and shall be extended from time to time for such period as may be desired by
M/s……………………., on whose behalf this guarantee has been given. b) This Bank Guarantee shall be
valid up to ………….. 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).

26
 Annexure-IV

Financial proposal for carrying out feasibility study Detailed Survey/Investigation, Alignment Option,
Preparation of General agreement Drawing Engineering Report for new 4 lane bridge over River
Sabarmati & its approaches at 92/32 to 115/320 Km of NH 58 at khokhra Gujarat Border – new NH 58
section , under NH-Division Ahmedabad in the state of Gujarat.
(Through e-tendering process)
Sr. No. Description Amount in Rs.
1. The amount for deployment of key personnel & support
staff , office space and all related establishment along
with the logistics for carry out all the services as per TOR to
complete the report with approval (this should include
profit as well as taxes including service tax as per GOG
norms)
Total

27