Government of Gujarat

Roads & Building Department

Consultancy services for detail Road Safety Audit as per IRC: SP-88 &
MORTH Guidelines for Various Roads under R & B Sub Division, Patan
of Patan District in the State of Gujarat
REQUEST FOR PROPOSAL
(RFP)

PROPOSAL (RFP)

Executive Engineer Superintending Engineer

Patan (R&B) Division
( R & B ) Circle
Patan
Mehsana

1
 INDEX
Sl. No. Contents Page No.

1 Notice inviting the proposals for consultancy Services 3-5

2 Letter of Invitation 6-14

3 Annexure-1: List of Projects in progress and for to be 15

resurfacing/strengthing of carriage way

4 Data Sheet 16-19

5 Appendix- I: Terms of Reference inclusive of manning 20-22

schedule, qualification requirements of key

personal, submission of reports/documents

6 Appendix-II Formats of Technical Proposals 28-33

7 Appendix-III Formats of Financial Proposals 34-35

8 Appendix-IV Draft contract Agreement 36-70

2
 Ministry of Road Transport & Highways
REPRESENTED
BY
Government of Gujarat (Roads & Building Department)
Office of the Executive Engineer, (R&B) Division, Patan.

Phone/Fax No. : 02766-233777 E-mail : [email protected]

Notice Inviting Bid

Bid No. of 2021 - 22

The Roads & Building Department, Gujarat State through Executive Engineer,
(R&B) Division, Patan invites online bids (through e-tender) from prospective
consultants, to carry out detail Road Safety Audit as per IRC: SP-88 & MORTH
Guidelines for Various Roads under R & B Sub Division, Patan of
Patan District in the State of Gujarat required for improvement for
traffic with finding black sports with its solutions and intersections.

Sr. Name of work Tender Fee Bid Period

No. (in Rs.) Security of
(in Rs.) assignment

1. Consultancy services for detail Road Safety Rs. 900/- Rs.13500/ 11 (Eleven)
Audit as per IRC: SP-88 & MORTH - months

Guidelines for Various Roads under R

& B Sub Division, Patan of Patan
District in the State of Gujarat.

1. The applicants have to submit their bids (Both Technical and Financial
Proposals) including scanned copy of Bid security and RFP document fee for the
above woks in online electronic format with Digital Signature.
2. The letter of Invitation (LOI)and Terms of Reference (ToR) including Request
for Proposal (RFP) is available online e-tender portal of MoRT&H
https://nprocure.com from Dt.21/09/2021 to 05/10/2021 upto 18.00 Hrs.
IST).
3. No proposal will be accepted in physical form except RFP document fee and
Bid Security. The applicants have to submit their RFP document fee and Bid
Security in hard copy (original) also on or before 18.00 hours of Dt. 12/10/2021
at address given below. If the office happens to be closed on the last date of
submission of Bid Security in hard copy as specified, the Bid Security will be
received on the next working day at the Office mentioned below. In case the
RFP document fee and Bid security is not received within specified time, the Bid
shall be considered non- responsive and shall not be downloaded/evaluated.
Bids shall be strictly treated as non-responsive if bid is not accompanied by an
acceptable bid security as specified in clause 4.3 of LOI.
4. Before submission of online bids, applicants must ensure that scanned copy of
all the necessary documents have been attached with bid.

3
5. The Executive Engineer, Patan (R&B) Division, Patan shall not be
responsible for delay in online submission due to any reason whatsoever.
6. All documents/papers uploaded/submitted by the bidder must be legible.
7. Any entity which has been barred by the (R&B) Department or its
implementing agencies for the works of State Highway, MDRs, ISC and EI
Works and the bar subsists as on the date of Application, would not be eligible to
submit the BID.

Instruction to application regarding e-tendering process:

(a)The interested applicant can download the RFP from the –E-tendering portal
n- procure.com The detailed procedure regarding E-tendering may please be
seen at Annexure-X of this NIT.
(b) Proposals should consist of 2 parts – Technical Proposal (Part-I) and
Financial Proposal (Part-II). The Applicants shall submit the scanned copy of
Technical Proposal with all pages numbered serially with index of documents in
online.
(c) Financial proposal is to be submitted separately. Financial proposal is only
to be submitted in online and no hard copy of the financial proposal
should be submitted.

The envelope containing the following documents must be clearly marked as:
Consultancy Bid reference No. ……………. Project Name ………………………..
(i) The RFP must be accompanied with a non-refundable fee of Rs.900.00
(Rupees Nine hundred only ) as RFP document fee, in the form of a demand
draft or banker’s cheque drawn on any Nationalized / Scheduled Bank in
India in favour of the Executive Engineer, Patan (R&B) Division, Patan.
(ii) Respective Bid Security as mentioned in the table of page-1 t e n d e r
validity to 120 days beyond the last date of submission of bids (in the form of
Fixed Deposit Receipt (FDR) for minimum period of six months from Proposal due
date (PDD) issued by one of the Nationalized / Scheduled Bank in India in favour
of the Executive Engineer, Patan (R&B) Division, Patan payable at Patan. or in
the form of a Bank Guarantee as per format given in the RFP)

The following are the important dates for award of above consultancy work:

Sl.No. Event Description DATE

1. Last date for receiving queries/Clarifications 27/09/2021

2. Pre- Proposal Conference(Pre-bid meeting ) 27/09/2021
3. Executive Engineer’s response to Queries 30/09/2021
4. Deadline for downloading of bid 05/10/2021
5. Proposal Due Date(Online Submission) 05/10/2021
6. Last date of submission of financial instruments 05/10/2021
7. Opening of Technical Proposal 06/10/2021

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 Communication : All communications including the submission of Fee and Bid
Security should be addressed to :

Office of the Executive Engineer, Patan (R&B) Division, Patan

B/h. Railway Station, Nr. Sales Tax Office, Patan-384265 (NG) Phone : 02766-
233777.

Executive Engineer,
Patan (R&B) Division,
Patan.

Copy submitted to the Chief Engineer (R&B) & Addl. Secy., Roads & Building
Department, Gandhinagar for favour of information.

Copy submitted to the Superintending Engineers of Mehsana (R&B) Circle , Mehsana

for information and necessary action please.

5
 Letter of Invitation
(LOI)

No ......................................... Dated: , 2021

Dear Sir,

Sub: Invitation of Proposals for Consultancy services for detail Road

Safety Audit as per IRC: SP-88 & MORTH Guidelines for Various Roads
under R & B Sub Division, Patan of Patan District in the State
of Gujarat

The details of the stretch is as below:

Sl. Stretch Approx. Unit Rate Amount

No.
Length
(kms)

1 Consultancy services for detail Road

Safety Audit as per IRC: SP-88 & MORTH
Guidelines for Various Roads under
R & B Sub Division, Patan of
Patan District in the State of
Gujarat.
(i) RSA for Existing road condition stage
(A) SSL (3.75 Mt. Wide Road) 11.340 Km

(B) Two Lane (7.00 Mt. Wide Road) 5.150 Km

(C) Two Lane + PS (10.00 Mt. Wide Road) 24.580 Km.

(ii) RSA for Construction stage

(A) SSL (3.75 Mt. Wide Road) 11.340 Km

(B) Two Lane (7.00 Mt. Wide Road) 5.150 Km

(C) Two Lane + PS (10.00 Mt. Wide Road) 24.580 Km.

(iii) RSA for Pre-Opening stage

(A) SSL (3.75 Mt. Wide Road) 11.340 Km

(B) Two Lane (7.00 Mt. Wide Road) 5.150 Km

(C) Two Lane + PS (10.00 Mt. Wide Road) 24.580 Km.

** rates inclusive of all taxes

TOTAL Rs.

6
 1. Introduction

1.1 Government of Gujarat, Roads & Building Department is engaged

in the development of Roads & State Highways in the State of Gujarat.The
Executive Engineer, Patan (R&B) Division, Patan now invites proposal from
prospective consultants for carrying out Road Safety Audit as per IRC: SP-88 &
MORTH Guidelines for Various Road under R & B Sub Division, patan of
Patan District in the State of Gujarat. in jurisdiction of Mehsana (R&B) Circle,
Mehsana in the State of Gujarat

This Consultancy services for Road Safety Audit includes following Road Works: -

1 Resurfacing of Bepader - Dunawada Road Km. 0/0 to 5/340

2 Resurfacing of Kansa - Charup - Kimbuva Road Km. 0/0 to 12/600 (Section : Km.
0/0 to 6/00
3 Resurfacing of Sinhi - Sander - Ranuj - Sankhari - Patan Road Km. 0/0 to 22/980
(Secion : District Limit to Sander Road Km. 0/0 to 5/150
4 Resurfacing of Shihori - Patan Road Km. 9/460 to 34/00

1.2 A brief description of the assignment and its objectives are given in
the enclosed Terms of Reference at Appendix-I of RFP.

1.3 RFP document is available online on portal of https://nprocure.com from

21/09/2021 (18:00 hrs).The RFP must be accompanied with a non-
refundable fee of Rs.900/- (Rupees Nine Hundred only), as RFP
document fee, in the form of a demand draft of Scheduled Bank in India
in favour of the Executive Engineer, Patan (R&B) Division, Patan.

1.4 The Applicant shall have to deposit the RFP document fee as above on
or before 18:00 hours of 12/10/2021.In case the RFP document fee is
not received within specified time, the Bid shall be considered non-
responsive and shall not be down loaded/ evaluated. The most
preferred bidder would be determined on the basis of evaluation criteria
specified within RFP.

1.5 To obtain first hand information on the assignment and on the local
conditions, you are encouraged to pay a visit to the office of Executive
Engineer, Patan (R&B) Division, Patan and the project site before
submitting a proposal. You must fully inform yourself of local and site
conditions and take them into account in preparing your proposal.

1.6 Financial Proposals of all technically qualified consultants will be opened

in accordance with terms of RFP. The consultancy services will be awarded
to the consultants on the basis of the evaluation criteria specified in the RFP.
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1.7 Please note that (i) costs of preparing the proposal and of negotiating
the contract, including visits to the Client etc., are not reimbursable as a
direct cost of the assignment; and (ii) Client is not bound to accept any of the
proposals submitted and reserves the right to reject any or all proposals
without assigning any reasons.

1.8 The proposals must be properly signed as detailed below:

1.8.1
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).
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).
1.8.2 JV/Association is not permissible.

1.9 Pre-proposal conference shall be held on the date, time and venue given in
data sheet.

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 Consultants requiring a clarification of the Documents must notify the Client,
in writing, by /08/2021. Any request for clarification in writing or by Tele-
fax must be sent to the Client’s address indicated in the Data Sheet. The
Client will respond by e-mail/ Tele-fax to such requests and copies of the
response will be uploaded on the web site / portal for e-tendering.
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 by hosting online on the website /
portal for e-tendering https://nprocure.com and it will not be
communicated by any other means. The amendments if any, will be
binding on the bidders. The Client may at its discretion extend the
deadline for the submission of proposals.

3. Preparation of Proposal

The Applicant shall submit its Proposal in the form and manner specified in
this section of the RFP. The Technical proposal shall be submitted in the
form at Appendix-II and the Financial Proposal shall be submitted in
the form at Appendix-III. Upon selection, the Applicant shall be required to
enter into an agreement with the Authority in the form specified at Appendix-
IV.
3.1 Technical Proposal
3.1.1 Under the technical proposal, the CVs of key personnel in the prescribed
format as per Appendix-II are to be furnished. It may be ensured that the
format is strictly followed and the information furnished therein is true and
8
 correct. The CV must indicate the work in hand and the duration till which the
person will be required to be engaged in that assignment.

3.1.2 You are expected to examine all terms and instructions included in
the Documents. Failure to provide all requested information will be at your
own risk and may result in rejection of your proposal.

3.1.3 During preparation of the technical proposal, you must give particular attention
to the following:

i. Total assignment period is as indicated in the enclosed TOR. A

manning schedule in respect of requirement of key personnel is also
furnished in the TOR which shall be the basis of the financial
proposal. You shall make your own assessment of support personnel
both technical and administrative to undertake the assignment.
Additional support and administrative staff need to be provided for
timely completion of the project within the total bidden cost. It is
stressed that the time period for the assignment indicated in the TOR
should be strictly adhered to.
ii. No alternative to key personnel may be proposed and only one CV
may be submitted for each position in the format given at Appendix-II.
The minimum requirements of Qualification and Experience of all key
personnel are listed in TOR. The proposal not meeting the minimum
requirement specified shall not be evaluated further. However, the
client reserves the right to lower the minimum requirements in the
interest of work without giving any notice.
iii. All required key personnel should be available from beginning of
the project.
iv. The availability of key personnel must be ensured at site during the
period shown in the manning schedule and / or as per
requirement of the services.
v. Upper Age limit for key personnel is 65 years as on due date of
bid submission. The proof of age and qualification of the key
personnel must be furnished in the technical proposal.
vi. An undertaking from the key personnel must be furnished that he/she
will be available for entire duration of the project assignment and will
not engage himself/herself in any other assignment during the
currency of his/her assignment on the project. After the award of work,
in case of non availability of key personnel in spite of his/her
declaration, he/she shall be debarred for a period of two years for
all projects of the Ministry/ PWD.
vii. Upper Age limit for supporting staff to be deployed on project is 60
years as on due date of bid submission.
viii. A good working knowledge of English Language is essential for
key professional staff on this assignment. Study reports must be in
ENGLISH Language.
ix. Photo, contact address and phone/mobile number of key
personnel should be furnished in the CV.
x. In case a firm is proposing key personnel from
educational/research institutions, a ‘No Objection Certificate’ from the
concerned institution should be enclosed with the CV of the
proposed key personnel committing his services for the instant
project.
9
 xi. Road Safety Auditor must Completed Road Safety Audit Certification
Course from certified government institute (i.e. CRRI / IAHE) as per
IRC-88 and also submits Road Safety Auditor certificate in CV.
3.2 Your technical proposal using the formats attached in Appendix - II
must include but not limited to the following information.
i. The composition of the proposed Team and Task Assignment
to individual personnel.
ii. Each page of Original Curriculum Vitae (CV) for each package if
any, need to be recently signed in blue ink by the proposed key
personnel and also by an authorized official of the Firm. The
information of key personnel shall be as per the format. Photocopies
of the CVs will not be accepted. Unsigned copies of CVs shall be
rejected.
iii. Proposed work programme and methodology for the execution of
the services illustrated with bar charts of activities, including
survey equipment and procedure, any change proposed in the
methodology of services indicated in the TOR, and procedure for
quality assurance.
iv. Estimates of the total time effort (person x months) to be provided for
the services, supported by bar diagrams showing the time proposed
(person x months) for each key personnel.
The data obtained from the topographic surveys and other surveys should be
handed over to the Executive Engineer, Patan (R&B) Division, Patan after
the completion of services. The data of topographical surveys should be in a
form amenable to digital terrain model (DTM) commonly used by highway
design software (MOSS/ MX-Q or equivalent).
3.3 The technical proposal must not include any financial information.
3.4 Financial Proposal

3.4.1 The Financial proposal should be unit rate of Km length of two lane / four
lane highways for Road safety audit (RSA) stages of 1. Existing road
condition
2.Construction stage 3.Pre opening stage this should be inclusive of
basic inventory survey, traffic survey, accident data collection for RSA,
the costs associated with the assignment. These shall normally cover:
remuneration for staff (local, in the field, office etc), accommodation,
transportation, equipment, printing of documents, surveys, etc. Your financial
proposal should be prepared strictly using; the formats attached in
Appendix-III. Your financial proposal should clearly indicate the amount
asked for by you without any assumptions of conditions attached to such
amounts. Conditional offer or the proposal not furnished in the format
attached in Appendix-III shall be considered non- responsive and is liable to
be rejected.
3.4.2 The financial proposal shall take into account all types of the tax
liabilities and cost of insurance specified in the Data Sheet.
3.4.3 Costs shall be expressed in Indian Rupees and payments shall be
made in Indian Rupees

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3.4.4 Consultants a r e required to charge only rental of equipment/
software(s) Proposed to be used so as to economize their financial bid.

4 Submission of Proposals
4.1 The interested applicant can download the RFP from website portal of
https://nprocure.com from 21/09/2021
The applicants have to submit their bids including scanned copy of Bid
Security online in electronic format with Digital Signature. No proposal will
be accepted in physical form except RFP document fee and Bid Security.
The applicants have to submit their RFP document fee and Bid Security in
hard copy (original) also on or before 1200 hours on .If the office happens
to be closed on the last date of submission of Bid Security in hardcopy as
specified, the Bid Security will be received on the next working day. In
case the RFP document fee and Bid security is not received within
specified time, the Bid shall be considered non responsive and shall not be
downloaded/evaluated. Bids shall be strictly treated as non-responsive if
bid is not accompanied by an acceptable bid security (with validity for a
period of not less than 120 days from Proposal Due Date). Before
submission of online bids, applicants must ensure that copies of all
the necessary documents have been attached with bid. The Chief
Engineer, (R&B) Department, Gandhinagar (Gujarat) or Ministry of R&B
Department shall not be responsible for delay in online submission due to
any reason whatsoever. All documents/papers uploaded/submitted by the
bidder must be legible and properly numbered. The last date and time of
submission of online proposal are as specified in the data sheet.
4.2 The rate quoted shall be firm throughout the period of
performance of the assignment up to and including acceptance of
the report of Road Safety Audit of stretch of State Highways, MDR
of South Gujarat Region in Mehsana (R & B) Circle, Mehsana in
the State of Gujarat by the Client and discharge of all obligations of
the Consultant under the Agreement.
4.3 Bid Security

4.3.1 The Bidder shall furnish, as part of his Bid, a Bid security of
Rs.13500.00 (Rupees Thirteen Thousand Five Hundred only)for
this particular work. This bid security shall be in favour of Employer
as named in data sheet and may be in one of the following forms:
a. Demand draft drawn on any scheduled bank in favour of the
Executive Engineer, Patan (R&B) Division, Patan.
b. Deposit-at-call Receipt from any scheduled Indian Bank or a
foreign Bank located in India and approved by the Reserve
Bank of India.

c. Indian Post Office / National Savings Certificate duly endorsed

by the competent postal authority in India.
d. Bank Guarantee from any scheduled Indian bank, in the format
given in RFP.
e. Fixed Deposit Receipt, a certified cheque or an irrevocable
letter of credit, issued by any Scheduled Indian Bank or a
foreign Bank approved by the Reserve Bank of India.
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4.3.2 Bank guarantees (and other instruments having fixed validity) issued as
surety for the bid shall be valid for 120 days beyond the validity of the bid.
4.3.3 Any bid not accompanied by an acceptable Bid Security and / or not
secured as indicated in Sub-Clauses 4.3.1 and 4.3.2 above shall
be rejected by the Employer as non-responsive.
4.3.4 The Bid Security of unsuccessful bidders will be returned within 15 days of
the end of the bid validity period.
4.3.5 The Bid Security of the successful bidder will be discharged when the
bidder has signed the Agreement and furnished the required
Performance Security.

4.3.6 The Bid Security may be forfeited

(a) If the Bidder withdraws the Bid after Bid opening during the period
of Bid validity;
(b) If the Bidder d o e s n o t a c c e p t t h e c o r r e c t i o n o f t h e bid
P r i c e , pursuant to evaluation of bid; or
(c) In the case of a successful Bidder, if the Bidder fails within the
specified time limit to
(i) sign the Agreement; or
(ii) furnish the required Performance Security.

5. Proposal Evaluation

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

the first stage, a technical evaluation will be carried out prior to
opening of financial proposal. The technical proposal should score at
least 70 points out of 100 to be considered pass for financial
evaluation. In the second stage, financial proposal of all eligible firms
who pass in technical evaluation shall be opened and evaluation will be
carried out. Firms will be ranked based on evaluation criteria specified
in the RFP.

5.2 Evaluation of Technical Proposal

The evaluation committee appointed by the Client will carry out its
evaluation applying the broad evaluation criteria specified in the Data
Sheet. Each responsive proposal will be attributed a technical score.

5.3 Evaluation of Financial Proposal

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

5.3.2 The evaluation committee will determine whether the financial

proposals are complete (i.e., whether they have included cost of all
items of the corresponding proposals ; if not, then their cost will be
considered as NIL for that item but the consultant shall however be
required to carry out such obligations without any compensation. In
case, if client feels that the work cannot be carried out within overall
cost of financial proposal, the proposal can be rejected), correct any
computational errors and convert the prices in various currencies to
the single currency specified in Data Sheet. The evaluation shall

12
 includes those taxes, duties, fees, levies and other charges imposed
under the applicable law.
The bidder with highest combined score of technical and financial
scores will be the preferred bidder.
6. Negotiations

6.1 Prior to the expiration period of proposal validity, the Client will notify the
most preferred Consultant i.e., the bidder with highest combined score in
writing by registered letter, cable, telex or facsimile and invite him to
negotiate the Contract.
6.2 Negotiations will commence with discussion on technical proposal, the
proposed methodology (work plan), staffing and any suggestions made to
improve the TOR, the staffing and bar charts, which will indicate activities,
staff, and periods in the field and in the home office, staff months, logistics
and reporting. The financial proposal is subject to rationalization. Special
attention will be paid to optimize the required outputs from the Consultants
within the available budget and to define clearly the inputs required from the
Client to ensure satisfactory implementation of the Assignment.
6.3 Changes agreed upon will then be reflected in the financial proposal
using proposed unit rates.
6.4 Having selected Consultants, among other things, on the basis of an
evaluation of proposed key professional staff, the Client expects to negotiate,
within the proposal validity period, a contract on the basis of the staff
named in the proposal and, prior to contract negotiations, will require
assurances that the staff will be actually available. The assignment being a
short duration one, client will not consider any substitution of key personnel.
However, in exceptional circumstances if the key personnel are to be
replaced by consultants the remuneration for key personnel shall be
reduced by 25% (except in case of death/ extreme medical ground).
Similarly, after award of contract the Client expects all of the proposed key
personnel to be available during implementation of the contract. For total
replacement beyond 66% of the total key personnel, the Client may initiate
debarment proceedings so as to debar such consultant for future projects for
a period of 6 months to 24 months. In any case, if it becomes necessary to
replace any of the key personnel, the consultants shall forthwith provide as a
replacement a person of equivalent or better qualifications and experience.
6.5 The negotiations will be concluded with a review of the draft form of
c ontract.
The Client and the Consultants will finalize the contract to conclude
negotiations.

7. Performance Security

The consultant will furnish within 15 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 through a correspondent
bank in India) for an amount equivalent to 10 % of the total contract value to
be received by him towards Performance Security valid for a period of 1
year beyond the date of completion of services. The Bank Guarantee will
be released by the client up on expiry of 1 year beyond the date of
completion of services provided, rectification of errors, if any, found and

13
 satisfactory report by Executive Engineer, Patan (R&B) Division, Patan in
this regard is issued.

8 Penalty

Penalty shall be imposed on the consultants for poor performance/deficiency

in service as expected from the consultant and as stated in General
Conditions of Contract.

9. Award of Contract

9.1 The Contract will be awarded after successful negotiations with the
successful Consultants. If negotiations (as per para 6 above) fail, the Client
may invite the 2nd most preferred Consultant for Contract negotiations.

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.

11. A. The assignment of road safety audit per km incl. of basic inventory,

survey, traffic survey, accident data collection with detecting black spot and

including RSA of intersection with it’s solution.

B The assignee for road safety audit under construction stage informed

you by the engineer in charge if necessary.

C. The assignee for road safety audit for pre-opening stage informed you

by the engineer in charge if necessary.

Thanking you,

Encl. as above

Yours sincerely,
Executive Engineer
Patan (R & B Division)
Patan

14
 Annexure I

Carrying out Road Safety Audit of following stretch of SH in the state of Gujarat.

Sl. Stretch Approx. Unit Rate

No.
Length
(kms)

1 Consultancy services for detail Road

Safety Audit as per IRC: SP-88 & MORTH
Guidelines for Various Road under R &
B Sub Division, patan of Patan
District in the State of Gujarat..

(i) RSA for Existing road condition stage

(D) SSL (3.75 Mt. Wide Road) 11.340

(E) Two Lane (7.00 Mt. Wide Road) 5.150

(F) Two Lane + PS (10.00 Mt. Wide Road) 24.580

(ii) RSA for Construction stage

(D) SSL (3.75 Mt. Wide Road) 11.340

(E) Two Lane (7.00 Mt. Wide Road) 5.150

(F) Two Lane + PS (10.00 Mt. Wide Road) 24.580

(iii) RSA for Pre-Opening stage

(B) SSL (3.75 Mt. Wide Road) 11.340

(B) Two Lane (7.00 Mt. Wide Road) 5.150

(C) Two Lane + PS (10.00 Mt. Wide Road) 24.580

** rates inclusive of all taxes TOTAL Rs.

15
 DATA SHEET
(References to corresponding paragraphs of LOI are mentioned alongside)

1. The Name of the Assignment is carrying out Road Safety Audit as per IRC:
SP-88 & MORTH Guidelines for Various Road under R&B Sub Division,
Patan of Patan District in the State of Gujarat (Name of Project as
mentioned at Annexure-I) (Ref. Para 1.1)

The Name of the Client is: D.L.Rathod,

Executive Engineer,
Patan (R&B) Dn. ,
Patan -384265
Ph.No.02766-233777

3. The Description of the Project: Ref Annexure-I (Ref. Para 1.1)

4. Last Date and Time for submitting queries

Email; [email protected] ,Fax :
Date: 27/09/2021 (17.00 Hrs 1ST)

5. Date, Time and Venue of Pre-proposal Conference

Date: 27/09/2021
Time: (12:00 Hrs IST)
Venue: Office Of the Executive Engineer, Road & Building Division (State), Nr.
Sales Tax office, Patan-384265
6. The Documents are (Ref. Para 2.1)
Appendix –I Terms of Reference (TOR)
Appendix-II Formats for Technical Proposal
Appendix-III Formats for Financial Proposal
Appendix-IV Draft Contract Agreement

7. Tax and Insurance

7.0 Tax and Insurance ( Ref Para 3.4.2)
7.1 Consultants and their personnel shall pay all taxes (including all tax), custom
duties, fees, levies and other impositions levied under the laws prevailing seven days
before the last date of submission of the bids. The effects of any increase / decrease
of any type of taxes levied by the Government shall be borne by the Client /
Consultant, as appropriate.
7.2 Limitations of the Consultant’s Liability towards the Client (Ref. para 8)

16
7.2.1 Except in case of negligence or willful misconduct on the part of the Consultants
or on the part of any person or firm acting on behalf of the Consultants in carrying out
the Services, the Consultants, with respect to the damage caused by the Consultants
to the Client’s property, shall not be liable to the Client:

(i)For any indirect or consequential loss or damage; and,

(ii)For any direct loss or damage that exceeds; (A) the total payments
for Professional Fees and Reimbursable Expenditures made or
expected to be made to the Consultants hereunder, or (B) the
proceeds the Consultants may be entitled to receive from any insurance
maintained by the Consultants to cover such a liability, whichever of (A)
or (B) is higher.

7.2.2 The Limitation of liability shall not affect the Consultants’ liability, if any, for
damage to Third Parties caused by the Consultants or any person or firm acting on
behalf of the Consultants in carrying out the Services.
7.3 The risks and the coverage shall be as follows:

7.3.1 Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the Consultants or their
Personnel or any Sub consultants or their Personnel for the period of consultancy.

7.3.2 Third Party liability insurance of appropriate amount as per prevailing rules and
regulation

7.3.3 (i) The Consultant shall provide to PWD as per norms Professional Liability
Insurance (PLI) for a period of contract beyond completion of Consultancy services
or as per Applicable Law, whichever is higher.

(ii) The Consultant will maintain at its expense PLI including coverage for errors
and omissions caused by Consultant’s negligence in the performance of its duties
under this agreement, (A) For the amount not exceeding total payments for
Professional Fees and Reimbursable Expenditures made or expected to be made to
the Consultants hereunder OR (B) the proceeds, the Consultants may be entitled to
receive from any insurance maintained by the Consultants to cover such a liability,
whichever of (A) or (B) is higher.
(iii) The policy should be issued only from an Insurance Company operating in
India.
(iv) The policy must clearly indicate the limit of indemnity in terms of "Any One
Accident” (AOA) and "Aggregate limit on the policy” (AOP) and in no case should be
for an amount less than stated in the contract.
(v) The Consultant does not cancel the policy midterm without the
consent of PWD/ ...................The insurance company may provide an
undertaking in this regard.

7.3.4 Employer’s liability and workers’ compensation insurance in respect of the

Personnel of the Consultants 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; and all insurances and policies should start from the date of
17
 commencement of services and remain effective as per relevant requirements of
contract agreement.
8.The number of copies of the proposal required to be
submitted: NIL (Ref para 4.1)

9.The address is Office of the Executive Engineer, Patan (R&B) Division,

Patan , B/h. Railway Station, Nr. Sales Tax Office, Patan-384265. The Technical
Proposal and Financial Proposal be submitted on line as per para 3 of LOI.

10. The last date and time of online proposal submission is 05/10/2021

11. Proposal Validity period (days, date): 120 days

12. Evaluation criteria: (Ref. Para 3, 4 & 5)

12.1 First stage technical evaluation (Refer Para 5.1 and 5.2)

12.1.1 The points given to different parameters (Evaluation criteria) are as below:
Evaluation Criteria for Technical Proposal

SL NR. Description Points

1 Firms Relevant Experience in last 5 years 20
2 Adequacy of Approach and Methodology, survey investigation 10
equipment and software proposed to be used.
3 Qualification and Relevant Experience of the Proposed Key 70
Personnel
Total 100
12.1.2 The number of points to be given under each of the evaluation sub-criteria are:

(i) Firm’s relevant experience in last 5 years

Sl. No. Description Points

(a) Experience in DPR consultancy related to the Highway projects 8

(b) Experience in design of sub-grade & grade Separated intersections 8
and traffic surveys
(c) Carrying out Road Safety Audits and preparation of Road Safety 4
improvement proposals
Total 20

(ii) Adequacy of the proposed work plan and methodology, survey investigation equipment and
Software proposed to be used.
Sl. No. Description Points

(a) Understanding TOR 4

(b) Quality of methodology, equipment/ software proposed to be used 4

18
 (c) Work Program and Manning Schedule 2
Total 10

(iii) Qualification and relevant experience of key per

Sl. No. Key Personnel Nos. Points

(a) Team Leader-cum-Sr. Road Safety Auditor 1 30

(b) Highway Engineer -cum-Road Safety Auditor 1 20
(c) Traffic Engineer-cum-Road Safety Auditor 1 20
Total 3 70

12.1.3 Sub Criteria for (a) Team Leader cum sr. Road safety Auditor 30 Point
(a) General qualification & Experience in highway 6 Points

(i) Education qualification 3

1 B.E./B.E. tech 2
2 M.E/ M.E. tech 3
(ii) Experience in highway 3
1 5 to 10 Years 2
2 More than 10 Years 3

(b) Employment with firm 2 points

1 1 to 3 Years 1
2 More than 3 Years 2
( c ) Relevant experience & Adequacy for the Project 22 points

(i) Experience in Road Safety as T.L 11 points

cum sr. Road safety Auditor
1 3 to 5 Years 7
2 5 to 10 Years 9
3 More than 10 Years 11
(ii) No. of Assignment as T.L cum sr. 11 points
Road safety Auditor
1 Up to 2 Assignment 7
2 2 to 5 Assignment 9
3 More than Assignment 11
12.1.4 Sub Criteria for (b) Highway Engineer cum Road safety Auditor 20 Points
(a) General qualification & Experience in highway 4 Points

(iii) Education qualification 2

1 B.E./B.E. tech 1
2 M.E/ M.E. tech 2
(iv) Exeperience in highway 2
1 5 to 10 Years 1
2 More than 10 Years 2

19
(b) Employment with firm 1 point

1 1 to 3 Years 0.50
2 More than 3 Years 1

( c ) Relevant experience & Adequacy for the Project 15 points

(i) Experience in Road Safety as 8 points

Highway Engineer cum Road safety
Auditor
1 3 to 5 Years 5
2 5 to 10 Years 6
3 More than 10 Years 8
(ii) No. of Assignment as Highway 7 points
Engineer cum Road safety Auditor
1 Up to 2 Assignment 5
2 2 to 5 Assignment 6
3 More than Assignment 7

12.1.5 Sub Criteria for (c) Traffic Engineer cum sr. Road safety Auditor 20 Points
(a) General qualification & Experience in highway 4 Points

(v) Education qualification 2

1 B.E./B.E. tech 1
2 M.E/ M.E. tech 2
(vi) Experience in highway 2
1 1 to 2 Years 1
2 More than 2 Years 2
(b) Employment with firm 1 point

1 1 to 3 Years 0.50
2 More than 3 Years 1

( c ) Relevant experience & Adequacy for the Project 15 points

(ii) Experience in Road Safety as Traffic 8 points

engineer cum Road safety Auditor
1 0 to 1 Years 5
2 1 to 2 Years 6
3 More than 2 Years 8
(ii) No. of Assignment as Traffic 7 points
engineer cum Road safety Auditor

1 Up to 2 Assignment 5
2 2 to 4 Assignment 6
3 More than 4 Assignment 7

12.2 Second stage - Evaluation of Financial proposal

Financial Proposals of all qualified consultants in accordance with clause 5.1 here of will
be opened. The consultancy services will be awarded to the consultant who has scored
highest combined score with weightage 70:30 to the technical and financial proposals.

20
12.2.1 The formula for determining the financial scores is the following:

Sf=100 x Fm/F, in which Sf is the Financial score, Fm is the lowest price, and F is the
price of the proposal under consideration.

The weight given to the technical (T) and financial (P) Proposals
are

T = 0.70

P= 0.30

13. Commencement of Assignment (Date, Location): The Consultants shall commence

the services within seven days of the date of effectiveness of the contract at locations as
required for the project stretches stated in TOR. (Ref. Para 9.2)

21
 Appendix-I

Terms of Reference for Road Safety

Audit
Consultancy Services
(TOR)
1. Project Stretches

The roads of two lane & four lane length for which Road Safety Audit is to be carried out on roads
in Annexure-1 as directed by Engineer in charge.
2. Objective

Carrying out detailed Road Safety Audit of the at the length of two lane & four lane roads at
the specified stage (as specified in Annexure I to the LOI) and furnish road safety audit report
giving the road safety concerns identified and the recommendations for addressing the safety
concerns with necessary justification for each of the recommendations to enable road authority take
decisions on implementation of the audit recommendations.
3. Scope of Services

The road safety audit shall be carried out mainly as per IRC publication IRC SP-88-2010 or its latest
edition and Ministry’s guidelines especially the guidelines vide No RW/NH/29012/1/2015-P&M
(RSCE) dated /08/2021 (copy enclosed for ready reference at Enclosure-A), Land as directed
by Engineer in charge of Road. The details and data related to the project stretch relevant to
road safety audit, i.e., The name and the number of highways with basic road inventory map,
traffic/other details to the extent available as listed under "Available data/documents provided by
Client” below are made available along with this TOR. These are to be reviewed by auditors and
further supplementary data/details are to be collected by auditors to cross check the available
data and to get the missing details which are required to carry out comprehensive & objective road
safety audits as per guidelines. Where base maps of the existing stretch and other basic details are
not available, the same are to be collected /prepared through survey investigations a s part of
the road safety audit. On the base map, all the features of road/road environment, available land
width are to be indicated through accurate survey investigations. Relevant IRC codes, Ministry’s
Guidelines, best industry practices and international practices are to be followed appropriately.
4. Commencement meeting

After the auditors (preferred/ selected consultant) made visits to assign road / of it's stretch
and acquainted themselves with the existing site conditions, a commencement meeting with
the participation of auditors, client and design team of client if any, has to be organized to
understand the context of road safety audit on project stretch of road to understand any
ongoing projects or projects in the pipe line affecting project stretch etc., and to share the
perceptive of auditors, client and design team if any, as per guidelines. Minutes of the meeting
shall be drawn by Audit team bringing out salient issues discussed in the meeting.

5. Carrying out audit & preparation of audit report

5.1 Road Safety audit of project stretch shall be carried out with due diligence km by km through
repeated visits to project stretches, observations of the traffic conditions in different times during
day/night, local enquiries, collection of accident data from police authorities and studying base maps
and other details. Safety concerns in each km are to be identified and feasible redressed options
are to be brought out keeping in view the context of project stretch. Road Safety Audit report is to be
prepared in a concise and crisp manner giving the safety concerns, recommendations for
addressing them and justification for the recommendations etc. Auditors may use rough sketches
etc., to explain the recommendations.

22
5.2 The Audit Report should follow the road chainages in terms of km, meters i.e., after 2nd km
stone,225 m point is 2.225 km and so on. Locations are to be indicated in terms of existing road
chainage and in case of audit of DPR in terms of DPR chainages. The Audit Report should be
duly certified and signed by Audit Members as per guidelines and initialed on each page.
6. Completion meeting

A completion meeting with the participation of the Auditors, Client and Design team of client if
any, has to be organized in which the safety concerns, observations and perceptive of the
auditors could be explained and discussed to understand the constraints and views of the client on
those safety concerns, observations and recommendations. Salient issues discussed in brief
may be brought out in the minutes of the meeting drawn by audit team.

7. Auditors’ response on client observations on audit recommendations

Client will furnish the auditors with their observations/views o n audit recommendations w i t h i n
15 days of submission o f Audit Report. The auditors shall furnish to the client within 15 days
of furnishing the observations/ views of client on audit recommendations, a supplementary audit
report giving auditors’ response on observations/ views of client on audit recommendations.
Final audit report shall be sum of originally submitted audit report (auditor’s
recommendations) and supplementary audit report ( i.e., client’s observations/ views on auditor’s
recommendations together with auditor’s response on client’s observations/ views on audit
recommendations)

8. Available data/ documents provided by Client if any:- Nil

9. Deliverables

(i) Minutes of the commencement meeting (also to be included in Final Audit

Report) (ii) Minutes of completion meeting (also to be included in Final Audit
Report)
(iii) Base maps along with survey data, other supplementary details/data collected through
survey investigations in soft form and hard copies in a form that can be used for preparation of
further proposals of remedial actions.
(iv) Audit report (Five copies)
(v) Supplementary Audit Report covering client’s observation on audit recommendations and
Auditors’ response on client’s observations (Five copies).

10. Time Schedules

1. Commencement of services within seven days of effective
date.
2. Minutes of commencement meeting within 10days of effective
date.
3. Minutes of completion meeting within 30 days of effective
date.
4. Audit Report within 15 days of minutes of completion meeting i.e., within 1 months of
effective date.
5. Supplementary Audit Report within 7 days of submission of Client’s observations/ views on
audit recommendations i.e, 1 months of effective date.
(Audit report together with above cited supplementary audit report will be deemed to be the
final audit report)

11. Manning schedule

All the key personnel shall be deployed for 12 months. Requirement of sub-professionals &
supporting staff shall be assessed by consultants themselves.

23
12. Minimum Qualifications & Experience of Key personnel:
12.1. Team Leader cum Senior Road Safety Auditor
Minimum Qualification: B.Tech/ M.Tech in Civil Engineering or equivalent.
Team Leader cum Senior Road Safety Auditor must Completed Road
Safety Audit Certification Course from certified government institute (i.e.
CRRI / IAHE) as per IRC-88 and also submits Road Safety Auditor
certificate in CV.

Experience: 15 years of experience in Highway Engineering for B.Tech

and 10 year experience for M.Tech. 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.

Desirable: Post-graduationin Highway/Transportation Engineering and

research & development work related Road Safety Engineering including
publication of papers on these subjects.

12.2. Highway Engineer-cum-Road Safety Auditor

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

Experience: 10 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.
esirable: Post-graduation in Highway/Transportation Engineering and
D research & development work related Road Safety Engineering including
e publication of papers on these subjects.
s
D
12.3 Traffic Engineer-cum-Road Safety Auditor

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

Experience: 3 years of experience in Traffic Engineering concerning Different

aspects like traffic studies, Road user behavior studies, accident studies, Design
of at-grade & grade separated intersections, survey investigations for highway
projects, preparation of DPRs, Alignment of highways, road safety audits,
preparation of remedial measures for deficiencies in highways etc.

Desirable: Post-graduation in Traffic/Transportation Engineering and research

& development work related to Road Safety Engineering including publication of
papers on these subjects.

24
25
26
27
28
29
 Appendix II
(Form-I)

TECHNICALPROPOSAL

FROM: TO:

Sir:

Subject: Hiring of Consultancy Service for

Regarding Technical Proposal

I/We Consultant/Consultancy firm herewith

Enclose Technical Proposal for selection of my/our firm/organization as Consultant for
.

Yours faithfully, Signature

FullName

Designation

Address

(Authorized Representative

30
 (Form II)
FIRM’S
REFERENCES
Relevant Services Carried out in the Last Five Years Which Best
Illustrate
Qualifications of the firm
The following information should be provided in the format below for
each reference assignment for which your firm, either individually as a
corporate entity or as one of the major companies within a consortium, was
legally contracted by the client 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 Completion Date Approx. Value of Services : (in I NR) :

(Month / Year) (Month / Year)

Name of Association Firm(s) if any No. of Months of Professional Staff provided by

Associated Firm(s)

Name of Senior Staff (Project Director / Coordinator, Team Leader) involved and
functions performed:

Narrative Description of Project :

Description of Actual Services Provided by your Staff :

Signature of Authorized Representative

(Certificate from Employer regarding experience should be furnished)

(Eligible Projects: Road Safety auditing projects of NH/SH of length

.........................or more or DPR preparation projects of NH/ SH of length
......................... or more.)

31
 (Form –III)

NAME OF CONSULTANT:

APPROACH PAPER ON METHODOLOGY

PROPOSED FOR PERFORMING THE ASSIGNMENT

The approach and methodology will be detailed precisely under the following topics.

1) Methodology for services including surveying, data collection [not more than % of

a page] and analysis

2) Quality Assurance system for consultancy assignment [not more than % of a page]

3) Composition of the team/ manning schedule / work program [not more than % of

a page]

32
 (Form IV) Photo

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:
i) Field of Graduation and year
ii) Field of post graduation and year
iii) Any other specific qualification
Experience
i) Total experience in highways:
ii) Responsibilities held :
i) Yrs.
33
 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 ?

Certification :
1 I am willing to work on the project and I will be available for entire duration of
the project assignment and I will not engage myself in any other assignment
during the currency of my assignment on the project
2 I, the undersigned, certify that to the best of my knowledge and belief, this
biodata correctly describes myself my qualification and my experience.
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 blue ink by both the staff member and
the Authorized representative of the firm. Photocopies will not be considered for
evaluation.
UNDERTAKING FROM THE PROFESSIONAL

I, ........................... (Name, Address and mobile no.) have not left any
assignment
with the consultants engaged by MORTH/ NHAI/ PWD for any continuing works of
MORTH/ NHAI/ PWD 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, Client would be at liberty to debar me for an appropriate period
to be decided by MORTH. I have also no objection if my services are extended by Client
for this work in future.

(Signature of key
personnel)

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
34
knowledge has not left his assignment with any other consulting firm engaged by MORTH
/NHAI for the ongoing projects. We understand that if the information about leaving the past
assignment with MORTH /NHAI/ PWD without completing his assignment is known to Client,
the latter would be at liberty to remove the personnel from the present assignment and
debar him for an appropriate period to be decided by Client.

(Signature of Authorized Representative of Firm)

35
 (Form V)

WORK PROGRAM AND TIME SCHEDULE FOR KEY PERSONNEL

Sl. No. Description of Names of auditors Time schedule in weeks starting from
activity * involved commencement to completion

like commencement meeting, (field survey and base map preparation, if

applicable), other investigations/ studies, field observations in day/ night
conditions, completion meeting, submission of Road Safety Audit report along with
complete survey details, base maps, data etc. , submission of auditor’s response
on client’s observations/ views on audit recommendations.

36
 Appendix III
(Form-I)

FINANCIAL PROPOSALS

FROM:TO:
----------------------------------- --------------------------------------
---------------------------------- --------------------------------------

---------------------------------- ----------------------------------------

Sir:

Subject: Hiring of 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 Rs

(Rupees………………………………… )

Yours faithfully,
Signature________________________
Full Name_______________________
Designation ________________________

Address

(Authorized Representative)

*The Financial proposal is to be filled strictly as per the format given in RFP.
37
 (Form-II)

Format of Financial Proposal

Summary of Cost in Indian Currency ( INR )

Sl. Stretch Approx. Unit Rate Amount

No.
Length
(kms)

1 Consultancy services for detail Road

Safety Audit as per IRC: SP-88 & MORTH
Guidelines for Various Road under
R&B Sub Division, Patan of Patan
District in the State of Gujarat.

(i) RSA for Existing road condition stage

(G) SSL (3.75 Mt. Wide Road) 11.340 Km

(H) Two Lane (7.00 Mt. Wide Road) 5.150 Km

(I) Two Lane + PS (10.00 Mt. Wide Road) 24.580 Km.

(ii) RSA for Construction stage

(G) SSL (3.75 Mt. Wide Road) 11.340 Km

(H) Two Lane (7.00 Mt. Wide Road) 5.150 Km

(I) Two Lane + PS (10.00 Mt. Wide Road) 24.580 Km.

(iii) RSA for Pre-Opening stage

(C) SSL (3.75 Mt. Wide Road) 11.340 Km

(B) Two Lane (7.00 Mt. Wide Road) 5.150 Km

(C) Two Lane + PS (10.00 Mt. Wide Road) 24.580 Km.

** rates inclusive of all taxes TOTAL Rs.

38
 CONTRACT AGREEMENT

Between

Executive Engineer,
Patan (R&B) Division
and

Consultant
For

Consultancy services for detail Road Safety Audit

as per IRC: SP-88 & MORTH Guidelines for
Various Road under R & B Sub Division, Patan of
Patan District in the State of Gujarat.

39
 CONTENTS
Sl. No. Description Page No.

I. CONTRACT FOR CONSULTANT’S SERVICES

II. GENERAL CONDITIONS OF CONTRACT

1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 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
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 o f C o n t r a c t
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition
2.7.2 No Breach of Contract
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension
2.9 Terminations
2.9.1 By the Client
2.9.2 By the Consultants
2.9.3 Cessation of Rights and Obligations
2.9.4 Cessation of Services
2.9.5 Payment upon Termination
2.9.6 Disputes about Events of Termination

3. Obligations of the Consultants

3.1 General
3.1.1 Standard of Performance
3.1.2 Law Governing Services

3.2 Conflict of Interests

3.2.1 Consultants not to Benefit from Commissions, discounts etc.
3.2.2 Consultants and Affiliates not to be otherwise interested in Project
3.3 Confidentiality
40
 3.4 Liability of Consultants
3.5 Insurance to be taken out by the consultants
3.6 Accounting, Inspection and Auditing
3.7 Consultants’s Actions requiring clients’s prior Approval.
3.8 Reporting obligations
3.9 Documents prepared by the consultants to be Property of the client.
3.10 Equipment and materials furnished by the client.

4.0 Consultants’ Personnel

4.1 General
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
5.0 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
6.0 Payment to the Consultants
6.1 Cost Estimates; Ceiling Amount
6.2 Currency of Payment
6.3 Mode of Billing and Payment

7. 0 Responsibility for accuracy of the project document

7.1 General
7.2 Retention money
7.3 Penalty
7.4 Action for deficiency in services

8.0 Fairness and Good Faith

8.1 Good Faith
8.2 Operation of the Contract

9.0 SETTLEMENT OF DISPUTES

9.1 Amicable Settlement
9.2 Dispute Settlement

III. SPECIAL CONDITIONS OF CONTRACT

41
IV. APPENDICES

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

the Services and Reporting Requirements

Appendix B: Consultants’ 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 Consultants’ 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 :Reply to queries to the Applicants
Appendix K : BID SECURITY (BANK GUARANTEE)

42
 CONTRACT FOR CONSULTANTS’ SERVICES

Consultancy services for detail Road Safety Audit as per IRC: SP-88 & MORTH
Guidelines for Various Road under R & B Sub Division,
Patan of Patan District in the State of Gujarat.
. under the Mehsana R&B Circle, Mehsana

Agreement No...............................................
This CONTRACT (hereinafter called the “Contract”) is made on the ...... day of
the month of ................, between, on the one hand,........................on behalf of Governor/
Lt. Governor/ Administrator of ........................ ……..acting through PWD.................................
executing agency of Ministry of Road Transport and Highways (MORTH), Transport
Bhawan, 1, Parliament Street, New Delhi-110001 (hereinafter called the “Client”)
and, on the other hand, .................................. (hereinafter called the “Consultants” which
expression shall include their respective successors and permitted assigns).

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 Consultants, having represented to the Client that they have the required
professional skills, personnel and technical resources, 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(hereinafter called “SC”);

(c) The following Appendices:

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

Services and Reporting Requirements

Appendix B: Consultants’ 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 Consultants’ Personnel

Appendix D: Duties of the Client

Appendix E: Cost Estimate

43
 Appendix F: Minutes of Financial/ Contract Negotiations with the Consultant

Appendix G: Copy of letter of invitation

Appendix H: Copy of letter of acceptance
Appendix I: Copy of Bank Guarantee for Performance Security

Appendix-J: Reply to Queries of the Applicants

2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular:

(a) The Consultants shall carry out the Services in accordance with the provisions
of the Contract; and

(b) Client shall make payments to the Consultants 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

(Client) Witness

1 Signature. ........
Name..........

Address... ........

Signature
2.
N a me . .

Address...

FOR AND ON BEHALF OF Witness

(Consultant)
1. Signature

Name

Address

2. Signature

Name

Address

44
 GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS

1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in
this Contract have the following meanings:

(a) "Applicable Law means the laws and any other instruments having the
force of law in the Government’s country as they may be issued and in
force from time to time;
(b) "Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in Clause
1 of such signed Contract;
(c) "Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;
(d) "foreign currency” means any currency other than the currency of the Government;
(e) "GC” means these General Conditions of Contract;
(f) "Government” means the Government of India;
(g) "local currency” means the currency of the Government;
(h) "Member”, in case the Consultants consist of a joint venture of more than one entity,
means any of these entities, and "Members” means all of these entities;
(i) "Personnel” means persons hired by the Consultants 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 Consultants, as the case may be, and Parties means
both of them;
(k) "Services” means the work to be performed by the Consultants pursuant to this
Contract for the purposes of the Project, as described in Appendix A hereto;
(l) "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 Consultants subcontract any part of
the Services in accordance with the provisions of Clause GC 3.7; and
(n)"Third Party” means any person or entity other than the Government, the Client, the
Consultants 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 Consultants. The
Consultants, subject to this Contract, have complete charge of Personnel performing the
Services and shall be fully responsible for the Services performed by them or on their
behalf hereunder.
45
 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
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.
1.7 Location

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

Acceptance to 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- Deleted

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 Consultants
may be taken or executed by the officials/ representatives of parties so
authorized as specified in the SC.

1.10 Taxes and Duties

Unless otherwise specified in the SC, the Consultants shall pay all such taxes, duties,
fees and other impositions as may be levied under the Applicable Law.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT
2.1 Effectiveness of Contract

46
 This Contract shall come into force and effect on the date of issuing Client’s notice to
the Consultants instructing the Consultants to begin carrying out the Services may be
called effective date hereinafter. 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 after expiry of above specified period to the
other Party, declare this Contract to be null and void, and in the event of such a
declaration by either Party, neither Party shall have any claim against the other Party
with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services within 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, may 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 Majeure

2.7.1 Definition

(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond
the reasonable control of a Party, and which makes a Party’s performance of its
obligations hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial action (except where such strikes,
lockouts or other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Party’s Sub consultants or agents or employees,
nor (ii) any event which a diligent Party could reasonably have been expected to
47
 both (A) take into account at the time of the conclusion of this Contract and (B)
avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majuere shall not include insufficiency of funds or failure to make any
payment required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to
be a breach of, or default under, this Contract insofar as such inability arises from an
event of Force Majuere, provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative measures, all with the
objective of carrying out the terms and conditions of this Contract.

2.7.3 Measures to be Taken

(a) A party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party’s inability to fulfill its obligations hereunder with a
minimum of delay.

(b) A party affected by an event of Force Majuere shall notify the other Party of
such event as soon as possible, and in any event not later than seven (7) days following
the occurrence of such event, providing evidence of the nature and cause of such
event, and shall similarly give notice of the restoration of normal conditions as soon as
possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.

2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs
reasonably and necessarily incurred by them during such period for the purposes of the
Services and in reactivating the Services after the end of such period.

2.7.6 Consultation
Not later than fifteen (15) days after the Consultants, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, 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 Consultants, suspend all
payments to the Consultants hereunder if the Consultants 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

48
 the Consultants to remedy such failure within a period not exceeding fifteen (15) days
after receipt by the Consultants of such notice of suspension.

2.9 Termination
2.9.1 By the Client
The Client may, by not less than fifteen (15) days’ written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be
awritten notice of not less than thirty (30), such notice to be given after the occurrence of
any of the events specified in paragraphs (a) through (f) of this Clause 2.9.1, terminate
this Contract:

(a) if the Consultants fail to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause 2.8
hereinabove, within fifteen (15) days of receipt of such notice of suspension or
within such further period as the Client may have subsequently approved in
writing;

(b) if the Consultants become (or, if the Consultants consist of more than one entity, if
any of their Members becomes) insolvent or bankrupt or enter into any
agreements with their creditors for relief of debt or take advantage of any law for
the benefit of debtors or go into liquidation or receivership whether compulsory
or voluntary;

(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 8 hereof;

(d) if the Consultants submit to the Client a statement which has a material effect on
the rights, obligations or interests of the Client and which the Consultants know
to be false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than thirty (30) days; or

(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

2.9.2 By the Consultants

The Consultants may, by not less than fifteen (15) 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 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 9 hereof within thirty(30)
days after receiving written notice from the Consultants that such payment is
overdue;

(b) if the Client is in material breach of its obligations pursuant to this Contract and
has not remedied the same within thirty (30) days (or such longer period as the
Consultants may have subsequently approved in writing) following the receipt by
the Client of the Consultants’ notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than thirty (30) days; or

49
 (d) if the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 8 hereof.

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon
expiration of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of
the Parties hereunder shall cease, except (i) such rights and obligations as may have
accrued on the date of termination or expiration, (ii) the obligation of confidentiality set
forth in Clause 3.3 hereof, (iii) the Consultant’s obligation to permit inspection, copying
and auditing of their accounts and records set forth in Clause 3.6 (ii) hereof, and (iv)
any right which a Party may have under the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses 2.9.1 or 2.9.2 hereof, the Consultants 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 Consultants and equipment and materials furnished by the Client, the Consultants
shall proceed as provided, respectively, by Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Client
shall make the following payments to the Consultants (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 prior to the effective date of termination; and

(iii) except in the case of termination pursuant to paragraphs (a) through (d) of Clause
2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly
termination of the Contract including the cost of the return travel of the Consultants’
personnel and their eligible dependents.

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through

(e) of Clause 2.9.1 or in Clause 2.9.2 hereof has occurred, such Party may, within thirty
(30) days after receipt of notice of termination from the other Party, refer the matter to
arbitration pursuant to Clause 8 hereof, and this Contract shall not be terminated on
account of such event except in accordance with the terms of any resulting arbitral
award.

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard of Performance

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 The Consultants shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe and effective equipment,
machinery, materials and methods. The Consultants shall always act, in respect of any
matter relating to this Contract or to the Services, as faithful advisers to the Client, and
shall at all times support and safeguard the Client’s legitimate interests in any dealings
with Sub-consultants or Third Parties.
3.1.2 Law Governing Services

The Consultants 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 Consultants and any Sub consultants, comply with the
Applicable Law. The Client shall advise the Consultants in writing of relevant local
customs and the Consultants shall, after such notifications, respect such customs.
3.2 Conflict of Interests

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

The remuneration of the Consultants pursuant to Clause 6 hereof shall constitute the
Consultants’ sole remuneration in connection with this Contract or the Services and the
Consultants 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 Consultants 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 Consultants and Affiliates not to be otherwise interested in Project

The Consultants agree that, during the term of this Contract and after its termination,
the Consultants and any entity affiliated with the Consultants, 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 Consultants nor their Sub-consultants 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 Consultants, their Sub-consultants and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration 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 without the prior written
consent of the Client.

3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability
under this Contract shall be as provided by the Applicable Law.

3.5 Insurance to be taken out by the Consultants

The Consultants (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, as shall be specified in the Special Conditions (SC), and (ii) at the Client’s
request, shall provide evidence to the Client showing that such insurance has been
taken out and maintained and that the current premiums therefore have been paid.
3.6 Accounting, Inspection and Auditing

The Consultants (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 Consultants’ costs and
charges), and (ii) shall permit the Client or its designated representative periodically,
and up to one year from the expiration or termination of this Contact, to inspect the
same and make copies thereof as well as to have them audited by auditors appointed
by the Client.

3.7 Consultants’ Actions requiring Client’s prior Approval

The Consultants 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 Consultants shall
remain fully liable for the performance of the Services by the Sub-consultant and
its Personnel pursuant to this Contract;

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

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3.8 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in
Appendix A hereto, in the form, in the numbers and within the time periods set forth in
the said Appendix.

3.9 Documents prepared by the Consultants to be the Property of the Client

All plans, drawings, specifications, designs, reports and other documents prepared by
the Consultants in soft and hard copies in performing the Services shall become and
remain the property of the Client, and the Consultants 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 Consultants 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 Consultants by the Client, or purchased
by the Consultants 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
Consultants 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
Consultants, unless otherwise instructed by the Client in writing, shall insure them in an
amount equal to their full replacement value.

4. CONSULTANTS’ PERSONNEL

4.1 General

The Consultants 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 Consultants’
Key Professional and/ or 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 Consultants 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.

53
 (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 Consultants, provided that any such increase shall not, except as otherwise
agreed, cause payments under this Contract to exceed the ceilings set forth in
Clause 6.1 (b) of this Contract.

4.3 Approval of Personnel

The Key Personnel listed by title as well as by name in Appendix B are hereby
approved by the Client. The consultants shall furnish to the client the biographical data
of sub-professionals proposed to be used in carrying out the services. If the Client does
not object in writing (stating the reasons for the objection) within fifteen(15) calendar
days from the date of receipt of such biographical data, such sub-professional shall be
deemed to have been approved by the Client.

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
Consultants’ 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 Consultants, who shall ensure that absence for
leave purposes will not delay the progress, quality of output of service and
adequate supervision of the Services.

4.5 Removal and/or Replacement of Personnel

(a) During an assignment, if substitution is unavoidable, the consultants shall

forthwith provide as a replacement a person of equivalent or better qualification
and experience which would be judged on the basis of evaluation criteria
specified in the Data Sheet of Letter of Invitation.

(b) If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action or (ii)
has reasonable ground to be dissatisfied with the performance of any of the
Personnel, then the consultant shall, at the Employer’s written request
specifying the grounds therefore, forthwith provide a replacement with
qualifications and experience acceptable to him.

(c) The assignment being a short duration one, client will not consider any
substitution of key personnel. However, in exceptional circumstances if the key
personnel are to be replaced by consultants the remuneration for key personnel
shall be reduced by 25% except in case of death/ extreme medical ground.
54
 Similarly, after award of contract the Client expects all of the proposed key
personnel to be available during implementation of the contract. For total
replacement beyond 66% of the total key personnel, the Client may initiate
debarment proceedings so as to debar such consultant for future projects for a
period of 6 months to 24 months

(d) If the team leader or any other key personnel/ specialist considered pivotal to
the project is replaced, the substitute may be interviewed by Client to assess
their merit and suitability.

(e) If any member of the approved team of a consultant engaged by Client leaves
that consultant before completion of the job, he should be barred for a period of
6 months to 24 months from being engaged as a team member of any other
consultant working (or to be appointed) for any other MORTH projects.

(f) Deleted

4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times during the
Consultants’ 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 Consultants and Personnel with work permits and such other
documents as shall be necessary to enable the 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;

5.2 Access to Land

The Client 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 Client 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.
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5.3 Changes 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),

5.4 Services, Facilities and Property of the Client

The client 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 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 6.1
hereinafter.

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

6. PAYMENT TO THE CONSULTANTS

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 6.1(c),
the payments under this Contract shall not exceed the ceiling specified in the SC.
The Consultants shall notify the Client as soon as cumulative charges incurred for
the Services have reached 80% of the ceiling.

(c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses 5.4 hereof, the Parties
shall agree that additional payments shall be made to the Consultants in order to
cover any necessary additional expenditures not envisaged in the cost estimates
referred to in Clause 6.1(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.

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6.3 Mode of Billing and Payment

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

(a) The Client shall cause to be paid to the Consultants an advance payment as
specified in the SC, and as otherwise set forth below. The advance payment will be due
after provision by the Consultants to the Client of a bank guarantee by a bank
acceptable to the Client in an amount (or amounts) and in a currency (or currencies)
specified in the SC, such bank guarantee (i) to remain effective until the advance
payment has been fully set off as provided in the SC, and ii) in such form as the Client
shall have approved in writing.

(b) Payment Schedule

The Consultant will be paid stage-wise as a percentage of the contract value as
per the schedule given below
Sr. Description Payment
No.
1 On completion of commencement meeting 10%
2 On completion of preparation of base maps where 20%
applicable and completion of audit of 50% of
length and furnishing of interim findings
3 On completion of base maps for full length and 20%
completion of audit of full length and furnishing of
interim findings
4 On submission of audit report with full justification after 30%
completion of completion meeting
5 On submission of supplementary report (auditor’s 20%
response on client’s observations/ views on audit
recommendations along with Client’s observations/
views on audit recommendations).
Total 100%

Notes:

(1) Audit report together with supplementary audit report would be deemed to be
final audit report.
(2) Consultants have to provide a certificate that all the key personnel as
envisaged in the Contract Agreement have been actually deployed in the projects.
They have to furnish the
certificate at the time of submission of their bills to PWD .........................
from time to time.

The payment shall be released by ...............................................................

(c) No payment shall become eligible for the next stage till the consultant completes to the
satisfaction of the client the work pertaining to the preceding stage.

57
 (d) The Client shall cause the payment to the Consultants in Para 6.3 (b) above as given in
schedule of payment within twenty (20) 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 except in case of arbitration and subject to other
relevant clauses of the agreement.

(e) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultants and approved as
satisfactory by the Client. The Services shall be deemed completed and finally accepted by the
Client and the final report and final statement shall be deemed approved by the Client as
satisfactory thirty (30) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such thirty (30) day period, gives written notice to the Consultants
specifying in detail deficiencies in the Services, the final report or final statement. The
Consultants shall thereupon promptly make any necessary corrections, and upon
completion of such corrections, the foregoing process shall be repeated. Any amount which the
Client has paid or caused to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Contract shall be reimbursed by the
Consultants to the Client within thirty (30) days after receipt by the Consultants of notice
thereof. Any such claim by the Client for reimbursement must be made within twelve (12)
calendar months after receipt by the Client of a final report and a final statement approved by
the Client in accordance with the above.

(f) All payments under this Contract shall be made to the account of the Consultants specified in
the SC.

7. Responsibility for Accuracy of Project Documents

7.1 General

7.1.1 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. 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 The Consultant shall indemnify the Client against any inaccuracy / deficiency in the
designs/ documents and drawings noticed and the Client shall bear no responsibility for
the accuracy of the designs/ documents and drawings submitted by the Consultants.

7.1.3 The survey control points established by the Consultant shall be protected by the
Consultants till the completion of the Consultancy
Services.

7.2. Retention Money

An amount equivalent to 5% of the contract value shall be retained at the end of the
contract for accuracy of design and quantities submitted and the same will be released
after thirty (30) days of payment of final bill.

7.3 Penalty

7.3.1 Penalty for delay

58
 In case of delay in completion of services, a penalty equal to 0.05% of the contract price
per day subject to a maximum 5% of the contract value will be imposed and shall be
recovered from payments due/performance security. However in case of delay due to
reasons beyond the control of the consultant, suitable extension of time will be granted.

7.4 ACTION FOR DEFICIENCY IN SERVICES

7.4.1 Consultants liability towards the Client
Consultant shall be liable to indemnify the client for any direct loss or damage accrued or
likely to accrue due to deficiency in service rendered by him.
7.4.2 Warning / Debarring
In addition to the penalty as mentioned in para 7.3, warning may be issued to the erring
consultants for minor deficiencies. In the case of major deficiencies in the scrutiny
involving time and cost overrun and adverse effect on
reputation of................... / MORTH, other penal action including debarring
for certain period may also be initiated as per policy of MORTH /
.....................

8. FAIRNESS AND GOOD FAITH

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 OF DISPUTES
9.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or the interpretation thereof.

9.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the other
Party’s request for such amicable settlement may be submitted by either Party for
settlement in accordance with the provisions specified in the SC.

59
SPECIAL CONDITIONS OF CONTRACT
Number of GC Clause

A. Amendments of, and Supplements to, Clauses in the General Conditions

1.1(a) The words "in the Government’s country” are amended to read "in INDIA”

1.4 The language is: English

1.6.1 The addresses are:

For the Client:
................................

................................

................................

For the Consultants:................................

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.
- Not Applicable-

1.9 The Authorized Representatives are:

For the Consultant: ……………………………..
……………………………..
……………………………..

For the Client :

…………………………………
…………………………………….
…………………………………..
……………………………..
1.10 The Consultants and their personnel shall pay all taxes (including all tax), custom
duties, fees, levies and other impositions levied under the laws prevailing seven
days before the last date of submission of the bids. The effects of any increase /
decrease of any type of taxes levied by the Government shall be borne by the
Client / Consultant, as appropriate. The Consultant will remit all tax monthly or as
applicable under the law and seek reimbursement from Client.

2.1 The effectiveness conditions are the following:

a) The contract has been approved by ..............................

60
b) The consultant will furnish within seven (7) days of the issue of Letter of Acceptance,
an unconditional Bank Guarantee from the Bank (Generally, by SBI or its subsidiaries or
any Indian nationalized bank or IDBI or ICICI or ICICI Bank or by a foreign bank through
a correspondent bank in India) for an amount equivalent to 10 % of the total contract
value to be received by him towards Performance Security valid for a period
of........................years beyond the date of completion of services. The Bank Guarantee
will be released by upon expiry of years beyond the date of completion of services
provided, rectification of errors, if any, found in the reports/ recommendations of Road
Safety audit and satisfactory report by Client in this regard is issued.

2.2 The time period shall be “ .................. months” or such other time period as
the parties may agree in writing.

2.3 The time period shall be "seven days” or such other time period as the parties may agree
in writing.
2.4 The time period shall be ................ months or such other time period as the
Parties may agree in writing.

3.4 Limitations of the Consultant’s Liability towards the Client

a) Except in case of negligence or willful misconduct on the part of

the Consultants or on the part of any person or firm acting on behalf of
the Consultants in carrying out the Services, the Consultants, with
respect to the damage caused by the Consultants to the Client’s
property, shall not be liable to the Client
(i) for any indirect or consequential loss or damage;
and,

(ii) .for any direct loss or damage that exceeds; (A) the total
payments for Professional Fees and Reimbursable Expenditures made or
expected to be made to the Consultants hereunder, or
(B) the proceeds the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a liability,
whichever of (A) or (B) is higher.
b) The Limitation of liability shall not affect the Consultants’ liability, if any, for
damage to Third Parties caused by the Consultants or any person or firm
acting on behalf of the Consultants in carrying out the Services.

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 Consultants 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. for the
period of consultancy.
(c) (i) The Consultant shall provide to ............................. Professional Liability Insurance
(PLI) for a period of one years beyond completion of Consultancy services or as
per Applicable Law, whichever is higher.

61
 (ii) The Consultant will maintain at its expense PLI including coverage for errors
and omissions caused by Consultant’s negligence in the performance of its
duties under this agreement, (A) For the amount not exceeding total
payments for Professional Fees and Reimbursable Expenditures made or
expected to be made to the Consultants hereunder OR (B) the proceeds, the
Consultants may be entitled to receive from any insurance maintained by the
Consultants to cover such a liability, whichever of (A) or (B) is higher.

iii) The policy should be issued only from an Insurance Company operating in
India.

iv) The policy must clearly indicate the limit of indemnity in terms of "Any One
Accident” (AOA) and "Aggregate limit on the policy” (AOP) and in no case
should be for an amount less than stated in the contract.

v) The Consultant does not cancel the policy midterm without the consent
of....................... The insurance company may provide an undertaking in this
regard.

(d) Employer’s liability and workers’ compensation insurance in respect of the

Personnel of the Consultants 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; and all insurances and policies should start from the date of
commencement of services and remain effective as per relevant
requirements of contract agreement.

3.9 The Consultants 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 Team Leader cum Senior Road Safety Auditor in
Appendix B shall serve in that capacity, as specified in Clause 4.6.

6.1 (b) The ceiling amount in local currency is Rs ..........all Tax)

6.3 (a) No advance payment will be made.

6.3 (e) The interest rate GST is : @ 18% per annum

6.3 (f) The account is : ..................................including

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:

62
 (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 therefrom, and the last
remaining nominee on the list shall be the sole arbitrator for the matter in
dispute. If the last remaining nominee has not been determined in this manner
within sixty (60) days of the date of the list, the president, Indian Roads
Congress, New Delhi, shall appoint, upon the request of either Party and from
such list or otherwise, a sole arbitrator for the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a technical matter,
the Client and the Consultants shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the arbitrators named by the Parties do not succeed in
appointing a third arbitrator within thirty (30) days after the later of the two
arbitrators named by the Parties has been appointed, the third arbitrator shall,
at the request of either Party, be appointed by Secretary, the Indian Council of
Arbitration, New Delhi.

(c) If, in a dispute subject to Clause SC 9.2.1 (b), one Party fails to appoint
its arbitrator within thirty (30) days after the other Party has appointed its
arbitrator, the Party which has named an arbitrator may apply to the
Secretary, Indian Council of Arbitration, New Delhi, to appoint a sole arbitrator
for the matter in dispute, and the arbitrator appointed pursuant to such application
shall be the sole arbitrator for that dispute.

9.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedure of the

Arbitration & Conciliation Act 1996, of India unless the Consultant is a foreign
national/firm, where arbitration proceedings shall be conducted in accordance
with the rules of procedure for arbitration of the United Nations Commission on
International Trade Law (UNCITRAL) as in force on the date of this Contract.

9.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his function, a substitute

shall be appointed in the same manner as the original arbitrator.

9.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through
(c) of Clause 9.2.1 hereof shall be an internationally recognized 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 DELHI
63
 (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 (or of the
third arbitrator if there is no such majority) 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.

(d) The maximum amount payable per Arbitrator in Arbitration clauses shall be
as under

(e)
Sr. Particulars Maximum amount payable per Arbitrator/ per case
No
1 Arbitrator fee Rs 8,000/- per day subject to a maximum of Rs 1 lacs
or Rs 0.75 lacs (lump sum) subject to publishing the
award within 6 months.
2 Reading charges Rs 6,000/-

3 Secretarial Assistance Rs 5,000/-

4 Incidental charges (telephone, fax, Rs 6,000/-

postage etc)
5 Charges for publishing/ declaration Maximum of Rs 10,000/-
of the award
6 Other expenses (actual against Maximum ceiling
bills subject to the prescribed
ceiling)
Traveling expenses, Lodging & Economy class (by air), First class AC
boarding (by train) and AC Car (by road)
a) Rs. 10,000/- per day in Metro cities
b) Rs. 5,000/- per day in Other cities
c) Rs. 2,000/- per day, if any Arbitrator makes their
own arrangement

7 Local travel Rs. 10,000/- per day

8 Extra charges for days other than Rs. 2,500/- per day
hearing/meeting days (maximum
for 2 days)

In exceptional cases, such as cases involving major legal implications/ wider ramifications/
higher financial stakes etc., a special fee structure could be fixed in consultation with the
Contractor/ Supervision Consultants and with the specific approval of the MORTH before
appointment of the
Arbitra
tor,

64
 Appendix A

Terms of reference containing, inter-alia, the Description of the Services and

Reporting Requirements

65
 Appendix B

Consultants’ Sub-consultants, Key Personnel and Sub Professional

Personnel

66
 Appendix C

Hours of work for Consultants’ Personnel

As per applicable laws.

67
 Appendix D

Duties of the Client

As per the terms of contract agreement

68
Appendix E

Cost Estimate

69
 Appendix F

Minutes of Financial/ Contract Negotiations with the Consultant

70
 Appendix G

Copy of Letter of Invitation

71
 Appendix H

Copy of Letter of Acceptance

72
 Appendix -1

Format for Bank Guarantee for Performance Security

BANK GUARANTEE FOR PERFORMANCE SECURITY

To,

.Governor/ Lt. Governor/ Administrator of......................acting through PWD

..................................... executing agency of Ministry of Road Transport and Highways
(MORTH), Transport Bhawan, 1, Parliament Street, New Delhi-110001.

In consideration of “Governor/Lt. Governor/ Administrator of ........................ acting

through
PWD ............................... executing agency of Ministry of Road Transport and
Highways
(MORTH), Transport Bhawan, 1, Parliament Street, New Delhi-110001 (hereinafter
referred as the “Client” 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
.................................................. (here in after referred to as the “Consultant” which
expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), a contract by issue of client’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 all tax for “Consultancy Services for Road Safety Audit of selected State
Highways, MDR of North Gujarat Region in Mehsana (R&B) Circle, Mehsanain the State
of Gujarat under the R&B Circle, Mehsana of as more specifically indicated in Annexure-I
of Letter of Invitation No dated
(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 ......................................... (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 client 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

73
 reference to the consultant. 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.
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.

We, ..............(indicate the name of the bank) also undertake not to revoke this
Guarantee
during its currency except with previous consent of
Client in writing

(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).

74
 Appendix J

Reply to Queries of the Applicant

75
 Appendix - K
BID SECURITY (BANK GUARANTEE)

WHEREAS, [name of Bidder] (hereinafter

called "the Bidder") has submitted his Bid dated [date] for
the consultancy services in respect of
[name of Contract hereinafter called "the Bid"].
KNOW ALL PEOPLE by these presents
that
We [name of Bank] of
[name of country] having our registered office at
(hereinafter called
“the
Bank’) are bound unto [name of Employer]
(hereinafter called “the Employer’) in the sum of for which payment
will and truly to be made to the said Employer the Bank itself, his successors and
assigns by
these presents.
SEALED with the Common Seal of the said Bank this day of ,20 .
THE CONDITIONS of this obligation are :
(1) If after Bid opening the Bidder withdraws his bid during the period of
Bid validity specified in the Form of Bid;

OR
(2) If the Bidder having been notified the acceptance of his bid by the Employer during
the period of Bid validity :
(a) fails or refuses to execute the Form of Agreement in accordance with
the Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with
the Instructions to Bidders; or
(c) does not accept the correction of the Bid Price pursuant to evaluation of
bid.
We undertake to pay to the Employer up to the above amount upon
receipt of his first written demand, without the Employer having to
substantiate his demand, provided that in his demand the Employer will
note that the amount claimed by him is due to him owing to the
occurrence of one or any of the three conditions, specifying the
occurred condition or conditions.

This Guarantee will remain in force up to and including the date * days
after deadline for submission of Bids as such deadline is stated in the Data
Sheet or as it may be extended by the Employer, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect of this
guarantee should reach the Bank not later than the above date.

Date:

Witness__ _
Signature__________
Seal_______________

* 45 days after the end of the validity period of the Bid. Date should be inserted by
the Employer before the Bidding documents are issued.

76
 Name of Work:
Consultancy services for detail Road Safety Audit as per IRC: SP-88
& MORTH Guidelines for Various Road under R & B Sub
Division, Patan of Patan District in the State of Gujarat.

SPECIAL CONDITION

Team Leader cum Senior Road Safety Auditor must Completed Road Safety Audit

Certification Course from certified government institute (i.e. CRRI / IAHE) as per IRC-

88 and also submits Road Safety Auditor certificate in CV.

Consultant has to provide Highway Engineer -cum-Road Safety Auditor / Traffic

Engineer-cum-Road Safety Auditor & (Road Safety Auditor) as and when required by

the Engineer In-charge during the execution of work.

- Signature of the Consultant

Executive Engineer
Patan (R & B) Division
PATAN.

77
APPROVED FOR 78 (Seventy Eight) pages

Executive Engineer,
Patan (R&B) Division,
Patan.

78