RFP Uttarkashi PDF
RFP Uttarkashi PDF
RFP Uttarkashi PDF
[Online mode]
June, 2018
CONTENTS
Sr. No. Particulars
1 SECTION1: Information to Consultants
2 SECTION2:Letter of Invitation
3 SECTION3: Format for Submission of
Firms Credentials.
4 SECTION4: Format for Submission of
Technical Proposal.
5 SECTION5: Format for submission of
Financial proposal.
6 SECTION6: Terms of Reference.
7 SECTION7: Draft Form of Contract.
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
SECTION 1
INFORMATION TO CONSULTANTS
GENERAL:-
NHIDCL/RFP Page 1
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 3
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 4
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 5
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
12. Following enhancement factor will be used for the cost of services
provided and for the turnover from consultancy business to a
common base value for works completed in India:
Applicant should indicate actual figures of costs and amount for the
works executed by them without accounting for the above
mentioned factors.
NHIDCL/RFP Page 6
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
13. Consultants (sole firm or lead firm and any of the JV partners) who
have been debarred by MoRTH/NHIDCL/NHAI or any other state
government’s PWD or road development corporations and the
debarment is in force as on last date of submission of proposal,
need not apply as their RFP proposal will not be entertained.
14. Employer will not be responsible for any delay, loss or non-receipt
of RFP document sent by post/courier. Further, Employer shall not
be responsible for any delay in receiving the proposal and reserves
the right to accept/reject any or all applications without assigning
any reason thereof.
15. The two parts of the Proposal (Technical proposal and Financial
proposal) must be submitted on-line i.e. on CPP
(https://eprocure.gov.in) and on INFRACON portal i.e.
infracon.nic.in with all pages numbered serially, along with an index
of submission. The technical proposal is also required to be
submitted in a hard bound form exactly as per submission made
online with all pages numbered serially along with an index of
submission. (Hard bound implies binding between two covers
through stitching or otherwise whereby it may not be possible to
replace any paper without disturbing the documents). Spiral bound
form, loose form, etc. will be not accepted. The Financial proposal is
to be submitted online only. Submission in any other form shall not
be acceptable. In the event, any of the instructions mentioned,
herein, have not been adhered to then the Employer may reject the
Proposal.
NHIDCL/RFP Page 7
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
17. The individual key personnel proposed in the bid by the consultants
or any replacement thereof should undertake that they shall have no
objection in uploading/hoisting of their credentials by Employer in
public domain.
18. RFP submission must be received not later than 1500 hrs on
24.07.2018 in the manner specified in the RFP document at the
address given below:
Address of Employer:
NHIDCL/RFP Page 8
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
SECTION - 2
1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint
venture with other consultant willing to act as AE to submit a
proposal for providing consulting services required for the
assignment named in the attached Letter of Invitation. Your
proposal could form the basis for future negotiations and ultimately
a contract between your firm and the Employer.
1.2 A brief description of the assignment and its objectives are given in
the Terms of Reference (TOR).
1.5 Please note that (i) the costs of preparing the proposal and
negotiating for the contract, including a visit to site, are not
reimbursable as a direct cost of assignment and (ii) Employer is not
bound to accept any of the proposals received by it and reserves
the right to annul the selection process at any time prior to
contract award, without thereby incurring any liability to the
Consultants.
NHIDCL/RFP Page 9
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
1.6 Deleted
1.7 Deleted
1.9 It is the Employer’s policy that the consultants observe the highest
standard of ethics during the selection and execution of such
contracts. In pursuance of this policy, the Employer:
(a) Defines, for the purpose of this paragraph, the terms set forth
below as follows:
NHIDCL/RFP Page 10
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
1.12 The Data Sheet indicates how long Consultants’ Proposals must
remain valid after the submission date. During this period,
Consultants shall maintain the availability of Professional staff
nominated in the Proposal. The Client will make its best effort
to complete negotiations within this period. Should the need
arise, however, the Client may request Consultants to extend
the validity period of their proposals. Consultants who agree to
such extension shall confirm that they maintain the availability
of the Professional staff nominated in the Proposal, or in their
confirmation of extension of validity of the Proposal,
Consultants could submit new staff in replacement, who would
be considered in the final evaluation for contract award.
NHIDCL/RFP Page 11
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
2.2 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 RFP
documents by amendment. Any amendment shall be issued in
writing through addendum. Addendum may be sent by mail,
cable, telex, facsimile or electronic mail to consultants or/and
will be hosted on Employer’s website which will be binding on
them. The Client may at its discretion extend the deadline for
the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly
using the formats enclosed herewith (refer section 3,4 and 5) in
2 separate envelopes/ packages and put together in one single
outer envelope/package.
The proposal shall be written in the English language as
specified in the Data Sheet. All pages of the Proposal shall be
signed by an authorized representative. The representative’s
authorization shall be confirmed by written Power of Attorney
duly notarized to be submitted with the proposal. In case of JV
or inclusion of Associate company, a MoU indicating the specific
Projects, input and role of each Partner etc. shall be submitted
with the proposal.
NHIDCL/RFP Page 12
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
3.2 You are expected to examine all terms and conditions included
in the documents. Failure to act or to provide all requested
information will beat your own risk and may result in rejection
of your proposal.
v. Deleted
NHIDCL/RFP Page 13
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
iii. The composition of the proposed staff team, the tasks which
shall be assigned to each and their timing;
d. Deleted
NHIDCL/RFP Page 14
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 15
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 16
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
3.5 The technical proposal must not include any financial information.
NHIDCL/RFP Page 17
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 18
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
(II) Cost of RFP of Rs. 10,000/- (Rupees Ten thousand only) in the
form of demand draft in favour of “National Highways &
Infrastructure Development Corporation Ltd.” payable at New
Delhi must be furnished in a separate envelope while submitting
the proposal.
(IV) Deleted.
NHIDCL/RFP Page 19
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 20
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
(iii) The Financial Proposal 4.1 (ii) A (b) will be opened of the
short listed applicants who qualify for financial opening as per RFP.
The date of opening of Financial Proposal will be notified later on.
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the
proposals.
5.2 Deleted
Technical Proposal
Financial Proposal
NHIDCL/RFP Page 21
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
5.7 The lowest financial proposal (FM) will be given a financial score (SF)
of 100 points. The financial scores of other proposals will be
computed as follows:
5.9 The selected Consultant shall be the first Ranked Applicant (H-1,
having the highest combined score). The second ranked applicant
(H-2) shall be kept in reserve and may be invited for negotiation in
case the first ranked Applicants withdraws, or fails to comply the
requirements specified in this document. In the event the proposals
of two or more consultants have the same scores in the final
ranking, the proposal with the highest technical score should be
ranked first.
6 NEGOTIATIONS
NHIDCL/RFP Page 22
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
6.2 Negotiations normally take one to two days. The aim is to reach
agreement on all points, and initial a draft contract by the
conclusion of negotiations
6.3 In case of 1st round of negotiation is not held within 180 days from
the Bid Receipt Date due to reasons attributable to Employer, the
selected consultant (H-1) shall be permitted for replacement upto
a maximum of 50% key personnel with key personnel of equivalent
or better qualifications without considering the same as
replacement and without any deduction. However, for avoidance
of doubt, it is clarified that replacement of key personnel whose CV
has scored less than 75% marks shall continue be considered as
replacement as per para 3.4.(iv) (f).
NHIDCL/RFP Page 23
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
6.8 Each key personnel of the preferred consultant shall be called for
interview at the time of negotiation at the cost of the Consultant. At
the time of interview, Key Personnel will be required to produce
certificate regarding qualification and experience in support of their
CVs for verification and return. However, the officials retired from
MoRT&H/State/UT PWD may be exempted from producing the
experience certificate. The negotiations shall be concluded with a
review of the draft form of Contract. The Employer and the firm will
finalise the contract to conclude negotiations.
NHIDCL/RFP Page 24
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
7 AWARD OF CONTRACT
7.2 The successful firm with whom the contract is signed is expected to
commence the assignment on the date and at the location specified
in the data sheet.
NHIDCL/RFP Page 25
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
DATA SHEET
(As Mentioned in Letter of Invitation to Consultants)
3.2 All the personnel shall have working knowledge of English and
all the reports etc shall be written in English.
3.3 Employer shall pay only Goods and Goods and Services Tax (as
applicable). Consultant has to assess all other taxes and should
build them in their financial proposal. These taxes (other than
Goods and Services Tax) should not be provided separately.
Consultants are requested to consult Tax Consultants for details.
NHIDCL/RFP Page 26
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
(i) Sub criteria for Relevant Experience of the firm for the
assignment:
Criteria Marks
Year of Establishment of the Firm (In case of JV year of establishment of 2
Lead Member shall be considered)
Average Annual Turnover (last 3years) from consultancy business 2
Total 25
**Tunnel Works as applicable for the project for which RFP is invited.
Road/Rail/Metro tunnel will be considered as part of transportation
tunnel projects. For standalone tunnel projects, experience in Tunnel
work (either standalone project or as a part of road project) only be
considered.
NHIDCL/RFP Page 27
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
General qualifications 25
Adequacy for the project 70
Employment with firm 5
Total 100
NHIDCL/RFP Page 28
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
SECTION - 3
NHIDCL/RFP Page 29
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
Appendix A
NHIDCL/RFP Page 30
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
**a) The amount shall be stated in INR. (Consider 1US Dollar = Rs. and
1 Euro = Rs.) (This will be the exchange rates as per Reserve Bank of
India rounded off to nearest Rupee applicable at the time of RFP
invitation).
S No
Projects Type of Descrip- Client Fee %age Approx. Period
Name / Year Services tion of (with Total received of Cost of
rendered Road/Rail/ Complete Fee for by total Road/rail/
Metro address, the Applicant fee Metro
Sole
project/ Contact Consult (in case of recei Project
Consultant/
Length person, ancy JV/Associa ved
Prime
(kms) Telephone Assign tion) by
consultant
Nos. and ment the
of JV / minor
Fax Nos.) (INR) firm
consultant of
JV/as
associate
consultant associate consultant
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed projects:
1.
2.
3.
B. Projects in progress:
1.
2.
3.
NHIDCL/RFP Page 31
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
1 2 3 4 5 6 7 8 9
** a) Tunnel Works as applicable for the project for which RFP is invited.
Road/Rail/Metro tunnel will be considered as part of transportation tunnel
projects. For standalone Tunnel projects, experience in Tunnel work
(either standalone project or as a part of road project) only be considered.
NHIDCL/RFP Page 32
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
NHIDCL/RFP Page 33
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
SECTION B - 4
NHIDCL/RFP Page 34
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
APPENDIX B-1
Technical proposal submission form.
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for the above in
accordance with your Request for Proposal dated (Date),and our Proposal. We
are hereby submitting our Proposal, which includes this Technical Proposal sealed
under a separate envelope and a Financial Proposal on-line for the above
mentioned work.
If negotiations are held during the period of validity of the Proposal i.e. before
(Date) we undertake to negotiate on the basis of the proposed staff. Our Proposal
is binding upon us and subject to the modifications resulting from contract
negotiations.
NHIDCL/RFP Page 35
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
We understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
NHIDCL/RFP Page 36
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
APPENDIX B-2
1.
2.
3.
4.
….
On the services and facilities to be provided by the Employer (not more than one
page)
1.
2.
3.
4.
….
NHIDCL/RFP Page 37
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
APPENDIX B -3
NHIDCL/RFP Page 38
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
APPENDIX B – 4
COMPOSITION OF THE TEAM PERSONNEL, AND TASK (S) OF EACH TEAM MEMBER
1. Technical/Managerial Staff
..
..
2. Support Staff
..
..
NHIDCL/RFP Page 39
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
APPENDIX B-5 :
1. Basic details
2. Company experience
NHIDCL/RFP Page 40
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
3. Qualifications details
4. Company Experience
For Key Personnel having intermittent inputs, add the following: (Upload the
following certificate on Infracon portal).
NHIDCL/RFP Page 41
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-
Directional Silkyara Bend –Barkot Tunnel with escape passage including approaches on
2018
Dharasu-Yamunotri section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old
NH-94) in the State of Uttarakhand” on Engineering, Procurement and Construction (EPC)
Mode”
Note : CVs of Key Personnel having intermittent inputs will be considered only if
the assignments on hand as on 7 days before due date of proposal including those
for which LOA has been received from the Client or for which Consultant has
been declared as H1 do not exceed 3 (three) for Senior Contract Specialist, and
Sr. Quantity Surveyor.
………………………………………………………….. Date:……………(Day/Month/Year)
Note:-
a) Personnel is to affix his recent photograph on first page of CV.( Deleted)
b) Complete address and phone number of the Personnel is to be provided.(
Deleted)
c) Document for proof of age is to be enclosed. ( Upload on Infracon portal)
d) Document for proof of qualification is to be enclosed. ( Upload on Infracon
portal)
e) Age of the personnel shall not be more than as specified. ( Deleted)
f) Experience Certificates from Employers to be attached. ( Upload on
Infracon portal)
NHIDCL/RFP Page 42
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
APPENDIX B-6
TIMESCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
1 Sub
total
2 Sub
(1)
total
3 Sub
(2)
total
4 Sub
(3)
total
- -
(4)
- -
NHIDCL/RFP Page 43
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
APPENDIX B-7
A. Activity Schedule
Month wise Program (inform of Bar
Chart)
th th t th
Sl.N Item of Activity 1s 2nd 3rd t st5,2
4[1 t nd 7t Are8 months
6, etc. 9th from
10 the 12th
11 start
o.1 (Works)
........................ t hof assignment]
h h h
2 ........................
........................
3 ........................
........................
4 ........................
........................
- ........................
........................
- ........................
........................
........................
B. Completion and Submission of Reports
1 Monthly reports
(Design and Construction)
2 Quarterly Reports
NHIDCL/RFP Page 44
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
APPENDIX B-8
NHIDCL/RFP Page 45
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
SECTION 5:
NHIDCL/RFP Page 46
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
APPENDIX C-1
Address of Employer
We, the undersigned, offer to provide the consulting services for the above in
accordance with your Request for Proposal dated [Date], and our proposal. Our
attached financial proposal is for the sum of [Amount in words and figures]. This
amount is exclusive of the local taxes which we have estimated at(Amount in
Words and Figures).
We understand you are not bound to accept any proposal you receive.
NHIDCL/RFP Page 48
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
APPENDIX C-2
SUMMARY OF COSTS
Sl Amount
Description
No. (Rs.)
I Remuneration for Professional Staff
II Support Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Survey Equipment with Survey Party and Vehicle
X Contingencies
Consultancy Goods and Services Tax Payable in
India
Total Costs (Including Tax)
NHIDCL/RFP Page 49
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
APPENDIXC-3
NHIDCL/RFP Page 50
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
(vii) Bridge/Structural 12 6
Engineer
(viii) Material Engineer (1 Nos 48 0
*48)
(ix) Safety Engineer 48 36
TBN = To Be Named
2. Support Staff
No. Position Name Staff Months Rate(R Amount(Rs
Construction s) )
period/DLP
(i) Office Manager (1no) TBN 96 Months
Minimum 400 sqm area of office shall be rented for construction period and
150 sqm for Defect Liability period/Operation and maintenance period.
The rent cost includes electricity and water charges, maintenance, Cleaning,
repairs, etc. complete.
NHIDCL/RFP Page 52
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Defect liability 48
Period
NHIDCL/RFP Page 53
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
NHIDCL/RFP Page 54
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
NHIDCL/RFP Page 55
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
10. Contingencies
A fixed amount of Indian Rupees TEN MILLION shall be included in the
Financial Proposal. The provisions of Contingency shall be operated with
the specific approval from the Authority.
NHIDCL/RFP Page 56
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
SECTION - 6
[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement
dated------ entered between Authority and --------(the Contractor) for the work of
.............. from km---- to ---- of NH No.------- in the State of -------------- on
Engineering, Procurement and Construction (EPC) basis].
1. Scope
1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being
specified pursuant to the EPC Agreement dated ........... (the “Agreement”),
which has been entered into between the Authority and ............. (the
“Contractor”) for [Two-Laning] of the **** section (km ** to km**) of National
Highway No. ** in the State of *** on Engineering, Procurement, Construction
(EPC) basis, and a copy of which is annexed hereto and marked as Annex-A to
form part of this TOR.
1.2 The TOR shall apply to construction and operation &maintenance of the Project
Highway (Tunnel).
2.1 The words and expressions beginning with or in capital letters and not defined
herein but defined in the Agreement shall have, unless repugnant to the context,
the meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the
context otherwise requires, be deemed to be reference to the Articles, Clauses
and Schedules of the Agreement, and references to Paragraphs shall be deemed
to be references to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement
shall apply, mutatis mutandis, to this TOR.
3 General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and
efficient manner, consistent with the highest standards of professional integrity
and Good Industry Practice.
NHIDCL/RFP Page 57
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of this Agreement, but subject to obtaining prior
written approval of the Authority before determining.
3.3 The Authority’s Engineer shall submit regular periodic reports, at least once
every month, to the Authority in respect of its duties and functions under this
Agreement. Such reports shall be submitted by the Authority’s Engineer within 10
(ten) days of the beginning of every month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its
duties and responsibilities to its suitably qualified and experienced personnel;
provided, however, that it shall not delegate the authority to refer any matter
for the Authority’s prior approval in accordance with the provisions of Clause
18.2 Model EPC Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for
Change of Scope under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning,
scope and nature of Good Industry Practice, as set forth in any provision of the
Agreement, the Authority’s Engineer shall specify such meaning, scope and
nature by issuing a reasoned written statement relying on good industry practice
and authentic literature.
4 Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review the
Drawings furnished by the Contractor along with supporting data, including the
geo-technical and hydrological investigations, characteristics of materials from
borrow areas and quarry sites, topographical surveys, and the recommendations
of the Safety expert in accordance with the provisions of Clause 10.1.6 of Model
EPC Agreement. The Authority’s Engineer shall complete such review and send
its observations to the Authority and the Contractor within 15 (fifteen) days of
receipt of such Drawings; provided, however that in case of a Major Bridge or
Structure, the aforesaid period of 15 (fifteen) days may be extended upto 30
(thirty) days. In particular, such comments shall specify the conformity or
NHIDCL/RFP Page 58
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
otherwise of such Drawings with the Scope of the Project and Specifications and
Standards.
4.2 The Authority’s Engineer shall review any revised Drawings sent to it by the
Contractor and furnish its comments within 10 (ten) days of receiving such
Drawings. The review of drawing should be authenticated by Authority’s
Engineer.
4.3 The Authority’s Engineer shall review the Quality Assurance Plan submitted by
the Contractor and shall convey its comments to the Contractor within a period
of 21 (twenty-one) days stating the modifications, if any, required thereto.
4.4 The Authority’s Engineer shall complete the review of the methodology proposed
to be adopted by the Contractor for executing the Works, and convey its
comments to the Contractor within a period of 10 (ten) days from the date of
receipt of the proposed methodology from the Contractor.
4.5 The Authority’s Engineer shall grant written approval to the Contractor, where
necessary, for interruption and diversion of the flow of traffic in the existing
lane(s) of the Project Highway (Tunnel) for purposes of maintenance during the
Construction Period in accordance with the provisions of Clause 10.4 Model EPC
Agreement.
4.6 The Authority’s Engineer shall review the monthly progress report furnished by
the Contractor and send its comments thereon to the Authority and the
contractor within 7 (seven) days of receipt of such report.
4.7 The Authority’s Engineer shall inspect the Construction Works and the Project
Highway (Tunnel) and shall submit a monthly Inspection Report bringing out the
results of inspections and the remedial action taken by the Contractor in respect
of Defects or deficiencies. In particular, the Authority’s Engineer shall include in
its Inspection Report, the compliance of the recommendations made by the
Safety Consultant.
4.9 For determining that the Works conform to Specifications and Standards, the
Authority’s Engineer shall require the Contractor to carry out, or cause to be
carried out, tests at such time and frequency and in such manner as specified in
the Agreement and in accordance with Good Industry Practice for quality
assurance. For purposes of this Paragraph 4.9, the tests specified in the IRC
NHIDCL/RFP Page 59
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
4.10 The Authority’s Engineer shall test check at least 20 (twenty) percent of the
quantity or number of tests prescribed for each category or type of test for
quality control by the Contractor.
4.11 The timing of tests referred to in Paragraph 4.9, and the criteria for
acceptance/rejection of their results shall be determined by the Authority’s
Engineer in accordance with the Quality Control Manuals. The tests shall be
undertaken on a random sample basis and shall be in addition to, and
independent of, the tests that may be carried out by the Contractor for its own
quality assurance in accordance with Good Industry Practice.
4.12 In the event that results of any tests conducted under Clause 11.10 establish
any Defects or deficiencies in the Works, the Authority’s Engineer shall require
the Contractor to carry out remedial measures.
4.13 The Authority’s Engineer may instruct the Contractor to execute any work
which is urgently required for the safety of the Project Highway (Tunnel),
whether because of an accident, unforeseeable event or otherwise; provided
that in case of any work required on account of a Force Majeure Event, the
provisions of Clause 21.6 of Model EPC Agreement shall apply.
4.14 In the event that the Contractor fails to achieve any of the Project
Milestones, the Authority’s Engineer shall undertake a review of the progress of
construction and identify potential delays, if any. If the Authority’s Engineer
shall determine that completion of the Project Highway (Tunnel) is not feasible
within the time specified in the Agreement, it shall require the Contractor to
indicate within 15 (fifteen) days the steps proposed to be take to expedite
progress, and the period within which the Project Completion Date shall be
achieved. Upon receipt of a report from the Contractor, the Authority’s
Engineer shall review the same and send its comments to the Authority and the
Contractor forthwith.
4.15 The Authority’s Engineer shall obtain from the Contractor a copy of all the
Contractor’s quality control records and documents before the Completion
Certificate is issued pursuant to Clause 12.4 of Model EPC Agreement.
NHIDCL/RFP Page 60
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
4.17 In the event that the Contractor carries out any remedial measures to secure
the safety of suspended works and users, and requires the Authority’s Engineer
to inspect such works, the Authority’s Engineer shall inspect the suspended works
within 3 (three) days of receiving such notice, and make a report to the
Authority forthwith, recommending whether or not such suspension may be
revoked by the Authority.
4.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the
Tests specified in Schedule-K and issue a Completion Certificate or Provisional
Certificate as the case may be. For carrying out is functions under this
Paragraph 4.18 and all matters incidental thereto, the Authority’s Engineer shall
act under and in accordance with the provisions of Article 12 and Schedule-K.
5.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of
its monthly Operation & Maintenance Programme and for this purpose carry out
a joint monthly inspection with Contractor.
5.3 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall
carry out, or cause to be carried out, for the purpose of determining that the
Project Highway (Tunnel) is in conformity with the Maintenance Requirements.
It shall monitor and review the results of such tests and remedial measures, if
any, taken by the Contractor in this behalf.
NHIDCL/RFP Page 61
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
5.5 The Authority’s Engineer shall examine the request of the Contractor for closure
of any lane (s) of the Project Highway (Tunnel) for undertakings operation
&maintenance/repair thereof, and shall grant permission with such
modifications, as it may deem necessary, within 5 (five) days of receiving a
request from the Contractor. Upon expiry of the permitted period of closure,
the Authority’s Engineer shall monitor the reopening of such lane (s), and in case
of delay, determine the Damages payable by the Contractor to the Authority
under Clause 14.5 of Model EPC Agreement.
6 Determination of costs and time
6.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness,
that are required to be determined by it under the Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is
required to be determined by it under the Agreement.
6.3 The Authority’s Engineer shall consult each Party in every case of determination
in accordance with the provisions of Clause 18.5 of Model EPC Agreement.
7 Payments
7.1 The Authority’s Engineer shall withhold payments for the affected works for
which the Contractor fails to revise and resubmit the Drawings to the Authority’s
Engineer in accordance with the provision of Clause 10.2.4 (d) of Model EPC
Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly
Operation &Maintenance Statement from the Contractor pursuant to Clause 19.6
of Model EPC Agreement, verify the Contractor’s monthly statement and certify
the amount to be paid to the Contractor in accordance with the provisions of the
Agreement.
NHIDCL/RFP Page 62
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the
receipt of the final payment statement of Operation &Maintenance in accordance
with the provisions of Clause 19.16 of Model EPC Agreement.
9 Miscellaneous
9.2 The Authority’s Engineer shall retain at least one copy each of all Drawings and
Documents received by it, including ‘as – built’ Drawings and keep them in its
safe custody.
9.3 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer
shall obtain a complete set of as built Drawings in 2 (two) hard copies and in
micro film form or in such other medium as may be acceptable to the Authority,
reflecting the Project Highway (Tunnel) as actually designed, engineered and
constructed, including an as-built survey illustrating the layout of the Project
Highway (Tunnel) and setback lines, if any, of the buildings and structures
forming part of project Facilities; and shall hand them over to the Authority
against receipt thereof.
9.4 The Authority’s Engineer, if called upon by the Authority or the Contractor or
both, shall mediate and assist the Parties in arriving at an amicable settlement
of any Dispute between the Parties.
9.5 The Authority’s Engineer shall inform the Authority and the Contractor of any
event of Contractor’s Default within one week of its occurrence.
The Authority Engineer shall appoint its authorized representative, who shall
issue on behalf of the AE, the Provisional Completion Certification and
Completion Certificate along with the Team Leader and shall carry out any
such task as may be decided by Employer. The AE shall take prior approval of
Employer before issuing Provisional Completion Certification and Completion
Certificate. The proposal submitted shall also include the name of the
authorized representative along with the authorization letter and power of
attorney.
NHIDCL/RFP Page 64
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
such shall be available to work with the Authority Engineer, if the Project is
awarded. In case the key personnel leave the assignment without approval of
Employer, Employer would be at liberty to take any appropriate action
against that key personnel including debarment. The CV submitted by
selected firm/JV shall be hoisted on official website of Employer.
The proposed manpower deployment for this period shall be matching the
activities to be performed during the said period. The time frame for services
during the deployment of key personnel during this period shall be as shown
in Enclosure A.
NHIDCL/RFP Page 65
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
NHIDCL/RFP Page 66
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Enclosure-A
NHIDCL/RFP Page 67
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Note:
** The Team Leader is expected to stay on continuously at the project site for the
first 12 months of the DLP.
The qualification and experience of Sub Professional staff would not be accounted in
the evaluation. However, Consultant shall have to get their CVs approved from
Employer before mobilization. The other inputs like support staff shall also be
provided by the Consultant of an acceptable type commensuration with the roles
and responsibilities of each position
NHIDCL/RFP Page 68
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Enclosure B
QUALIFICATION OF KEY PERSONNEL
NHIDCL/RFP Page 69
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Duties: He shall oversee construction supervision of the project stretch and shall
coordinate with all other experts of the project and shall report to the Team Leader. He
shall be directly responsible for regulating the construction process. He shall be assisted by
Tunnel Engineers, Tunnel Lining Experts and Tunnel ventilation Expert and other support
engineers/personnel. He shall deal directly with the tunnel engineers/experts and other
support staff attached with the Team Leader to ensure that the construction process is well
controlled as per established specification controls to avoid later quality control stage
problems. Expert shall be responsible for checking and verifying the excavation plan and
methodology submitted by the Contractor. He shall monitor the tunnel excavation activities
including blasting. He shall also monitor the tunnel lining activities including installation of
water proofing layers. He will be required to be fielded throughout the Currency of the
project. The candidate is expected to be thoroughly familiar with various
standard/specifications, contract procedures, Primavera or other project management
software, design and quality control etc. In addition he will be responsible for tunnel works
during Operation & Maintenance period of the project.
Duties: The Tunnel Design Engineer shall be responsible for checking the designs of
tunnel/design review and other incidental works to be constructed in the Project using
sophisticated computer software. He shall be responsible for Detailed Design Calculation
and drawing for tunnels. He shall be responsible for comprehensive assessment of
NHIDCL/RFP Page 70
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
structural condition of all the tunnel assets. His expertise shall include computer aided
design methods for Tunnel Engineering with particular reference to Tunnel design
2) Preferential Qualifications.
Duties: He will be responsible for supervising all the tests to be done in different stages of
construction, besides ensuring that specified tests are done as per codal stipulations and as
per the specifications laid down in the contract for all the different stages of construction.
The Senior Geotechnical Engineer shall be responsible for checking and verifying the
Specifications for Geotechnical investigations and the geotechnical details submitted by the
Contractor. He shall assist the Team Leader & Tunnel Design Engineer in design of tunnel.
He shall monitor the tunnel excavation activities including blasting.
NHIDCL/RFP Page 71
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
2) Preferential Qualifications.
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
SENIOR GEOLOGIST
The Senior Geologist shall be responsible for checking and verifying the geological details
submitted by the Contractor. He shall assist Team Leader & Tunnel Design Engineer in
design of Tunnel. He shall monitor the tunnel excavation activities including blasting. The
candidate should have exposure of working in Himalayan region and good understanding
of rock and soil mechanics. He should have experience of tunnel works with appropriate
design software.
CONTRACT SPECIALIST
Duties: He will be deployed for obtaining his expert opinion on emerging contractual
issues. His key responsibilities will be to guide and assist Team Leader/Employer in all
aspects of contract management in proper implementation of contract provisions including
controlling the project cost of the construction package. He will also be required to offer
his advice on contractual complications arising during the implementation on the request
of the employer. He will be required to prepare manuals/schedules for the consultants
team/employer based on the provisions of the contract document. He will be responsible
for giving appropriate suggestions in handling claims of the contractors and any dispute
arising thereof.
Duties: The Tunnel Ventilation Cum E&M Expert shall be responsible for checking and
verifying the adequacy of design of Ventilation system during construction and O&M Period.
He shall be responsible for checking and verifying the Specifications for Ventilation
equipments. He will also monitor the installation, testing and operation and maintenance
of the Ventilation equipments and system as a whole
NHIDCL/RFP Page 74
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Duties: He will be reporting to the Team Leader and give input as and when required
during the work. He should have comprehensive knowledge of application of current
technologies, standards and best practices relating to SCADA system in infrastructure
projects. He should have experience in CCTV, AID dynamic, LAN and WAN. The
Instrumentation and Control (SCADA) Expert shall be responsible for checking and verifying
the adequacy of design, installation and maintenance of SCADA related applications and
databases of the tunnel during construction as well as during operation and maintenance.
He shall ensure the application of modern standard technologies and best practices
relating to Tunnel SCADA system.
He should have the following qualification / experience.
NHIDCL/RFP Page 75
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Preferential Qualifications
1 Supervision experience of The relevant experience of NATM
transportation Tunnel projects methodology to be mentioned under
constructed through NATM Description of Duties.
methodology
NHIDCL/RFP Page 76
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
NHIDCL/RFP Page 77
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
B. Tunnel Engineer:
The Tunnel Engineer shall be responsible for checking and verifying
construction methodology. He shall be monitoring the construction activities.
The candidate should be a graduate Civil/Mining Engineer from a recognized
university. He should have 10 years of total professional experience and
should have worked for at least 5 years as Tunnel Engineer for tunnel
construction projects. He should have handled at least 2 major tunnelling
projects in similar capacity. He should not be more than 65 years of age.
NHIDCL/RFP Page 78
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
E. Geologist:
The Geologist shall be responsible for checking and verifying the geological details
submitted by the Contractor. He shall assist the Senior Geologist during the
construction of the tunnel. He shall monitor the tunnel excavation activities
including blasting. The candidate should have degree in Geology/applied
Engineering geology preferably with exposure in Himalayan region. He should
have a minimum 10 years of professional experience of geological works, out
of which 5 years should be in similar capacity for tunneling design/
construction projects. He should have handled at least 2 major tunneling
projects in similar capacity. The candidate should have good understanding of
rock and soil mechanics and have experience with appropriate design
software.He should be not more than 65 years of age.
F. Material Engineer:
He will be responsible for supervising all the tests to be done in different
stages of construction, besides ensuring that specified tests are done as per
codal stipulations and as per the specifications laid down in the contract for
all the different stages of construction. He will be coordinating and
controlling the support personnel placed with him and will report to the
Resident Engineer and to the Team Leader/Employer’s representative as and
when required. He must be familiar with material property of road
construction material, technical specifications and procedures of material
tests and testing equipments. He should be Graduate in Civil Engineering from
a recognized University. He should have Professional Experience of 10 years in
construction of Highways / Roads / Airfield Runways. He should also have
experience as Material / Geotechnical Engineer in Construction/Construction
Supervision of at least 2 Highway projects/Tunnel Projects. He should not be
more than 65 years of age.
NHIDCL/RFP Page 79
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
G. Safety Engineer:
The Safety Engineer shall assist the Tunnel Safety Expert in checking and
verifying the Safety Plan prepared by the Contractor. He will also ensure
effective implementation of the Safety Plan, assist the Tunnel Safety Expert
in undertaking safety audits during Construction, Operation and Maintenance
of the Tunnel. He/She should be Graduate in Civil Engineering from
recognized university and a Total Professional Experience of 15 years. He/She
should have at least 5 years’ experience in transportation tunnel safety works
and Experience in similar capacity of tunnel safety audits during construction
stage of at least 1 transportation tunnel projects each of which should be
minimum 2.5 km in length. He/She should not more than 65 years of age. Any
professional Certification from a recognized/statutory body in
safety/health/shot firer/ Explosives shall be preferred.
H. Environmental Expert:
He will be responsible effective implementation of the EMP during
Construction, Operation and Maintenance of the Tunnel. The Candidate should
be post Graduate in Civil Engineering/Environmental Engineering or other
relevant qualification with experience of working in the Himalayan region for
at least 2 projects. He should have at least 15 years experience out of which 3
years in highway projects. He should have good knowledge of MOEF
guidelines/requirements for mitigation measures.He should be not more than
65 years of age.
I. Cad Expert:
He should be Graduate in Civil Engineering/Computer Science having
experience in computer related design method for highway engineering. The
incumbent should have 3 years experience and should have handled at least 1
road project/Tunnel Project. He should be not more than 60 years of age.
J. Lab Technicians:
They should be at least Diploma-holders with about 5 to 6 years of experience
in handling the quality control tests laboratories for road/Tunnel/Bridge
works or Graduates in Science with about 1 to 2 years of relevant experience
in the field of testing of Road/Tunnel/Bridge projects.
NHIDCL/RFP Page 80
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
SECTION 7
Note: This draft Agreement is a generic document and shall be modified based on
particulars of the Project.
NHIDCL/RFP Page 81
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Between
(Name of Client)
And
(Name of Consultant)
NHIDCL/RFP Page 82
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Dated:
NHIDCL/RFP Page 83
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
CONTENTS
Page No.
II GENERALCONDITIONSOFCONTRACT ……………….
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
2.7.1 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…………………………………………………
NHIDCL/RFP Page 84
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
3.1 General
3.1.1 Standard of Performance…………..
3.1.2 Law Governing Services …………..
NHIDCL/RFP Page 86
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
V ANNEXURES..…………………………………………
NHIDCL/RFP Page 87
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
1. FORM OF CONTRACT
This CONTRACT (hereinafter called the “Contract”) is made the day of the
“Consultants”).
[Note* : If the Consultants consist of more than one entity, the above should be
partially
amended to read as follows:
“…(hereinafter called the “Client”)and, on the other hand, a joint venture
consisting of the following entities, each of which will be jointly severally liable
to the Client for all the Consultants’ obligations under this Contract, namely,
and
(herein after called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting
services as defined in the General Conditions of Contract attached
to this Contract (hereinafter called the “Services”);
(b) the Consultants, having represented to the Client that they have the
required processional skills, and personnel and technical resources,
have agreed to provide the Services on the terms and conditions set
forth in this Contract;
(a) The General Conditions of Contract (hereinafter called “GC”)’ (b) The
Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:
NHIDCL/RFP Page 88
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
[Note: If any of these Appendices are not used, the words “Not Used”
should be inserted below next to the title of the Appendix on the
sheet attached hereto carrying the title of that Appendix].
NHIDCL/RFP Page 89
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
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) The 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.
By
(Authorized Representative)
NHIDCL/RFP Page 90
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
By
(Authorized Representative)
NHIDCL/RFP Page 91
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
[Note: If the Consultants consist of more than one entity, all of these entities
should appear as signatures, e.g. in the following manner ]
By
(Authorized Representative)
By
(Authorized Representative)
etc.
NHIDCL/RFP Page 92
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
GENERALCONDITIONS OF CONTRACT
1. General Provisions
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 [or in such other country as
may be specified in the Special Conditions of Contract (SC)],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 Client’s Country; (g)‘Local
currency’ means the Indian Rupees;
(h)“Consultant” wherever mentioned in this Contract Agreement means
the “Authority Engineer(AE)” and includes sub-consultants or Associates
engaged by the primary consultant.
(i) “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;
(j) “Party’ means the Client or the Consultants, as the case may be, and
Parties means both of them;
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
either Party may, by not less than four (4) weeks' written notice to the other
Party, declare this Contract to be null and void, and in the event of such a
declaration by either Party, neither Party shall have any claim against the
other Party with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time
period after the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 here of, 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 as the case may be. Pursuant to Clause GC
7.2 hereof, however, each Party shall give due consideration to any
proposals for modification made by the other Party.
the time of the conclusion of this Contract and(B) avoid or over come
in the carrying out of its obligations hereunder .
(c) Force Majeure shall not include insufficiency of funds or failure to
make any payment required hereunder.
The failure of a Party to fulfil 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 Majeure, 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.
(c) The Parties shall take all reasonable measures to minimize the
Consequences of any event of Force Majeure.
2.7.5 Payments
During the period of their in ability 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.
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
2.7.6 Consultation
Not later than thirty(30) 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 the Consultants to remedy such failure
within a period not exceeding thirty (30) days after receipt by the
Consultants of such notice of suspension.
2.9 Termination
(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 GC 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
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Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
(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 sixty (60) days;
or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
(g) if the consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract. For the
purpose of this clause:
The Consultants may, by not less than thirty (30) days' 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 GC2.9.2, 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 8 hereof
within forty-five (45)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 forty-five(45)days (or
such longer period as the Consultants may have subsequently approved in
NHIDCL/RFP Page 99
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2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GC2.9.1or GC2.9.2 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 GC 3.9 or GC
3.10 hereof.
3.1 General
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 safe guard the Client's legitimate interests in
any dealings with Sub-consultants or Third Parties.
The Consultants shall perform the Services in accordance with the Applicable
Law and shall take all practicable steps to ensure that any Sub- consultants
and or Associates, as well as the Personnel of the Consultants and any Sub-
consultants and
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2018
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Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
or Associates, 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.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising
the Client on the procurement of goods, works or services, the Consultants
shall comply with any applicable procurement guidelines of the Client
(Employer)and or Associates Bank or of the Association, as the case may be
,and other funding agencies and shall at all times exercise such responsibility
in the best interest of the Client. Any discounts or commissions obtained by
the Consultants in the exercise of such procurement responsibility shall be for
the account of the Client.
3.2.3 Consultants and Affiliates Not to engage in Certain Activities
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 or Associates and any entity affiliated
with such Sub-consultant and or Associates, 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.
The Consultants shall not engage, and shall cause their Personnel as well as
their Sub- consultants and or Associates and their Personnel not to engage,
either directly or indirectly, in any of the following activities:
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 relating
to the Project, the Services, this Contractor the Client's business or
operations without the prior written consent of the Client.
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 coverages, as shall be specified in the 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.
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
such bases as may be specifically referred to in the SC); (ii) shall permit the
Client or its designated representative periodically, and upto one year from
the expiration or termination of this Contract ,to inspect the same and make
copies thereof as well as to have them audited by auditors appointed by the
Client; and (iii) shall permit the client to inspect the Consultant's accounts
and records relating to the performance of the Consultant and to have them
audited by auditors appointed by the client.
The Consultants shall obtain the Client's prior approval in writing before
taking any of the following actions:
The Consultants shall submit to the Client the reports and documents
specified in Appendix B hereto, in the form, in the numbers and within the
time periods set forth in the said Appendix.
(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 Personnel are described in Appendix C. If any of the Key
Personnel has already been approved by the clients his/her name is listed as
well.
(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 C 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 GC 6.1 (b) of this
Contract.
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title
as well as By name in Appendix C are hereby approved by the Client. In
respect of other Key Personnel which the Consultants propose, to use in the
carrying out of the Services, the Consultants shall submit to the client for
review and approval a copy of their biographical data and (in the case of Key
personnel to be used within the country of the Government) a copy of a
satisfactory medical certificate in the form attached hereto as Appendix D. If
the Client does not object in writing (stating the reasons for the objection)
within thirty (30) calendar days from the date of receipt of such biographical
data and (if applicable) such certificate, such Key Personnel shall be deemed
to have been approved by the Client.
(a) Working hours and holidays for Key Personnel are set forth in Appendix E
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 E hereto.
(c) Any of the Personnel provided as a replacement under Clauses (a) and
(b) above, the rate of remuneration applicable to such person as well
as any reimbursable expenditures (including expenditures due to the
number of eligible dependents) the Consultants may wish to claim as
a result of such replacement, shall be subject to the prior written
approval by the Client. Except as the Client may otherwise agree, (i)
the Consultants shall bear all additional travel and other costs arising
out of or incidental to any removal and/or replacement, (ii) For
reason of death/extreme medical grounds, no reduction in
remuneration shall be done. However, for the reason other than
death/extreme medical, (i) for total replacement upto 33% of key
personnel, remuneration shall be reduced by 20% (ii) for total
replacement upto between 33% to 50%, remuneration shall be
reduced by 25% and (iii) for total replacement upto between 50%
to 66%, remuneration shall be reduced by 30% (iv) For total
replacements beyond 66% of the key personnel the client shall
initiate action of higher penalty/termination/debarment upto 2 years
as considered appropriate. However, no reduction in the
remuneration shall be applicable for the key Personnel whose
replacement is sought after he/she has been deployed for at least
50% of his/her scheduled Man – months. For the avoidance of doubt,
key Personnel replaced during negotiations or due to death/extreme
medical grounds and those replaced after deployment of 50% of
his/her scheduled Man –months, shall not be counted under the total
replaced Key Personnel.
(d) In order to prevent the tendency of the personnel and consulting firm
to submit incorrect and inflated CV, they should sign every page of
CV before submission in order to authenticate that CV furnished by
them is correct. The consulting firm and the personnel through
consulting firm should be informed by Employer while accepting CV
of the new personnel that if CV is found in correct and inflated at a
later date, the personnel accepted would be removed from his
assignment and debarred from further Employer’s works for an
appropriate period to be decided by Employer and the new proposed
NHIDCL/RFP Page 107
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
Unless otherwise specified in the SC, the Client shall use its best efforts to
ensure that the Government shall:
(b) assist for the Personnel and, if appropriate, their eligible dependents
to be provided promptly with all necessary entry and exit visas,
residence permits, exchange permits and any other documents
required for their stay in Government's country;
(e) assist the Consultants and the Personnel and any Sub-consultants and
or Associates employed by the Consultants for the Services from
any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a
NHIDCL/RFP Page 108
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
The Client warrants that the Consultants shall have, free of charge,
unimpeded access to all and in the Government's country in respect of which
access is required for the
performanceoftheServices.TheClientwillberesponsibleforanydamagetosuch
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-consultant or the Personnel of either of them.
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 GC 6.1(b).
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 F at the times and in the manner specified in
said Appendix F, provided that if such services, facilities and property shall
5.5 Payment
(b)If counterpart personnel are not provided by the Client to the Consultants
as and when specified in Appendix F, the Client and the Consultants shall
agree on(i) how the affected part of the Services shall be carried out,
and(ii) the additional payments, if any, to be made by the Client to the
Consultants as a result there of pursuant to Clause GC 6.1(c) hereof.
(a) An estimate of the cost of the Services payable is set forth in Appendix
G.
Clause GC 6.1(c), payments under this Contract shall not exceed the
ceilings specified in the SC. The Consultants shall notify the Client as
soon as cumulative charges incurred for the Services have reached
80% of these ceilings.
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) to be in the form set forth in Appendix I hereto or in such other
form as the Client shall have approved in writing.
(b) As soon as practicable and not later than fifteen(15days)after the end
of each calendar month during the period of the Services, the
Consultants shall submit to the Client, in duplicate, itemized
statements, accompanied by copies of receipted invoices, vouchers
and other appropriate supporting materials, of the amounts payable
pursuant to Clauses GC 6.3 and 6.4 for such month. Each monthly
statement shall distinguish that portion of the total eligible costs
which pertains to remuneration from that portion which pertains to
reimbursable expenditures.
(c) The Client shall cause the payment of the Consultants periodically as
given in schedule of payment above within sixty (60) days after the
receipt by the Client of bills with supporting documents. Only such
portion of a monthly statement that is not satisfactorily supported
may be with held from payment. Should any discrepancy be found to
exist between actual payment and costs authorized to be incurred by
the Consultants, the Client may add or subtract the difference from
any subsequent payments. Interest at the rate specified in the SC shall
become payable as from the above due date on any amount due by,
but not paid on such due date.
(d) The final payment under this Clause shall be made only after the final
report and a final statement, identified as such, shall have been
submitted by the 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 ninety (90) calendar days after
receipt of the final report and final statement by the Client unless the
Client, within such ninety (90)-day period, gives written notice to the
Consultants specifying in detail deficiencies in the Services, the final
report or final statement. The Consultants shall there upon promptly
make any necessary corrections, and upon completion of such
corrections, the fore going process shall be repeated. Any amount
which the Client has paid or caused to be paid in accordance with this
NHIDCL/RFP Page 112
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
(e) All payments under this Contract shall be made to the account of the
Consultants specified in the SC.
The Parties undertake to acting 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. Settlement of Disputes
The Parties shall use their best efforts to settle amicably all disputes arising
out of or
in connection with this Contractor the interpretation thereof.
GC Clause
A. Amendments of, and Supplements to, Clauses in the General
Conditions of Contract
1.1(a) The words’’ in the Government’s country” are amended to read ‘in
INDIA”
Attention:
Telex :
Facsimile :
Cable address :
Telex :
Facsimile :
1.10 The Consultants, Sub-consultants and the Personnel shall pay the
taxes, duties, fees, levies and other impositions levied under the existing,
amended or enacted laws during life of this contract and the client shall
perform such duties in regard to the deduction of such tax as may be
lawfully imposed.
2.2 The time period shall be four months or such other time period as
the parties may agree in writing.
2.3 The time period shall be one month or such other time period as the
Parties may agree in writing.
2.4 The time period shall be 96 months (48 month for construction period
and 48 months for Maintenance period)
(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
"(i) taking any action under a civil works contract designating the Consultants
as "Authority’s Engineer", for which action, pursuant to such civil works
contract, the written approval of the Client as "Employer" is required".
(ii) Removal of duly appointed sub-contractor from the site or off site place of
manufacture or storage.
(iii) Any Time Extension.
(iv) Any additional cost to be paid by the Authority to the Contractor.
(v) The Termination Payment; or
(vi) Any other matter which is not specified in (i) to (v) above and which
create an obligation of liability on either Party for a sum exceeding Rs.
50,00,000/- (Rs. Fifty Lakh).
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 Tunnel Expert in
Appendix C shall serve in that capacity, as specified in Clause GC 4.6."
6.2(b)(i) (1) It is understood (i) that the remuneration rates shall cover(A) such
salaries and allowances as the Consultants shall have agreed to pay to
the Personnel as well as factors for social charges and overhead, and
(B) the cost of backstopping by home office staff not included in the
Personnel listed in Appendix C ,and (C) the Consultants' fee;(ii) that
bonuses or other means of profit-sharing shall not be allowed as an
element of overhead, and (iii) that any rates specified for persons not
yet appointed shall be provisional and shall be subject to revision,
with the written approval of the Client, once the applicable salaries
and allowances are known.
6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix G
.
6.4(a) The following provisions shall apply to the interest bearing advance
payment and the advance payment guarantee :
(a) Where the Parties agree that the dispute concerns a technical matter,
they may agree to appoint a sole arbitrator or, failing agreement on
(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 latter 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 SC8.2.1(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.
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(b) The English language shall be the official language for all purposes;
and
IV. APPENDICES
[List under: C-l Titles [and names, if already available}, detailed job
descriptions and minimum qualifications. experience of
Personnel to be assigned
to work in India, and staff- months for each.
The form of Medical Certificate as required under the rules of Govt. of India
The Consultants Key personnel and all other Professional / Sub Professional /
Support Staff/Sub-Consultancy personnel shall work 6 days (Mondays through
Saturday) every week and observe the Gazetted Holidays of Government of India
as Holidays. The Consultant shall work as per the work program of the EPC
Contractor. In this context in case the work plan of the Consultant needs
suitable modifications, the same shall be carried out and submitted to the client
for consideration. The Consultants hours of work normally shall match with that
of Contractor’s activities on the site. No extra remuneration shall be claimed or
paid for extra hours of work required in the interest of Project completion.
In respect of foreign personnel, one day per trip as travel time from and to the
country of the Government shall be allowed.
Appendix F:
Appendix G:
Cost Estimates
(Clause-13 of TOR)
To
Address of Employer:
WHEREAS
[Name and address of Consultants](hereinafter called “the consultants”)has
undertaken, in pursuance of Contract No. dated to provide the services on
terms and conditions set forth in this Contract __________ [Name of contract and
brief description of works) (hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the
Consultants shall furnish you with a Bank Guarantee by a recognized bank for the
sum specified there in as security for compliance with his obligations in
accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible
to you, on behalf of the Consultants up to a total of----------------------------
-----[Amount of Guarantee] [In words], such sum being
payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of [amount of
Guarantee] as aforesaid without your needing to prove or to show grounds or
reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
Consultants before presenting us with the demand.
any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change
in the constitution of the consultants or of the Bank.
This guarantee shall be valid for a period of 50 months i.e. upto 2 months beyond
the expiry of contract of 48 months.
This guarantee shall also be operatable at our New Delhi Branch located at
………….., from whom, confirmation regarding the issue of this guarantee or
extension / renewal thereof shall be made available on demand. In the
contingency of this guarantee being invoked and payment there under claimed,
the said branch shall accept such invocation letter and make payment of amounts
so demanded under the said invocation.
The liability of bank under this Guarantee shall be affected by any change in the
constitution of the consultant or of the bank.
Address 2.
(Name &Occupation)
Date
(To be stamped in accordance with Stamp Act, if any, of the country of issuing
bank)
Date:
Dear Sir,
(Scope of work)
And the Client having agreed to make an advance payment to the Consultant for
performance of the above Contract amounting to (in words and figures)as an
advance against Bank Guarantee to be furnished by the Consultant.
We
(Name of the Bank) having its Head Office at (herein after referred to as
the Bank),which expression shall, unless repugnant to the context or meaning
there of, include its successors, administrators, executors and assigns) do here by
guarantee and undertake to pay the client immediately on demand any or, all
monies payable by the Consultant to the extent of ______ - as afore said at any
time upto @ without any demur, reservation, contest, recourse or
NHIDCL/RFP Page 134
RFP for Authority’s Engineer for “Construction, Operation and Maintenance of 2-lane Bi-Directional
Silkyara Bend –Barkot Tunnel with escape passage including approaches on Dharasu-Yamunotri
2018
section between Ch. 25.4 km and Ch. 51.0 km falling along NH-134 (old NH-94) in the State of
Uttarakhand” on Engineering, Procurement and Construction (EPC) Mode”
protest and/or without any 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 the advance 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 the more of any right which they
might have against the Client and to exercise the same at any time in any manner,
and either to enforce or to forebear 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 actor
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.
Notwithstanding anything contained herein above our liability under this guarantee
is limited to and it shall remain in force up to and including and shall be
extended from time to time for such period (not exceeding one year), as may be
desired by M/s. on whose behalf this guarantee has been given.
This guarantee shall also be operatable at our New Delhi Branch located at
………….., from whom, confirmation regarding the issue of this guarantee or
extension / renewal thereof shall be made available on demand. In the
contingency of this guarantee being invoked and payment there under claimed,
the said branch shall accept such invocation letter and make payment of amounts
so demanded under the said invocation.
The liability of bank under this Guarantee shall be affected by any change in the
WITNESS
(Signature)
(Signature)
(Name)
(Name)
Attorney No.
Dated
Note1: The stamp papers of appropriate value shall be purchased in the name of
bank who issues the "Bank Guarantee”.
Note2: The bank guarantee shall be from a Nationalized Indian Bank or reputed
foreign commercial Bank acceptable to client for Foreign Consultant with counter
guarantee from Nationalized Bank. Bank guarantee furnished by Foreign consultant
shall be confirmed by any Nationalized Bank in India.
Appendix J
Letter of invitation
Appendix K
Letter of Award
Appendix L
Appendix-M
Memorandum of Understanding
between
_____________________
And
__________________________
(i) ___________ will be the lead partner and ____________ will be the
other JV partner/s.
Appendix-N
Bank Guarantee:
Date:
WHEREAS, _________________(Name of Bidder) __ (hereinafter called “the
bidder”) has submitted his bid dated ______________________ (date) for the
Tender No. _________, dated _________ (hereinafter called “the Bid”).
SEALED with the Common Seal of the said Bank this _______day of _________
2011.
1. If the Bidder withdraws his Bid during the period of bid validity specified in
the Bid document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid
Price in accordance with the Instructions to Bidder; or
3. If the Bidder having been notified of 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,
we undertake to pay 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 conditions,
specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 180 (one
hundred and eighty) days after the deadline for submission of bids as such
deadline is stated in the Instructions to Bidders 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.
Notwithstanding anything contained herein before, our liability under this
guarantee is restricted to Rs.__________ (Rs._________________________) and
the guarantee shall remain valid till ________. Unless a claim or a demand in
writing is made upon us on or before ____________ all our liability under this
guarantee shall cease.
This guarantee shall also be operable at our .,New Delhi office, from whom,
confirmation regarding the issue of this guarantee or extension / renewal thereof
shall be made available on demand. In the contingency of this guarantee being
invoked and payment there under claimed, the said branch shall accept such
invocation letter and make payment of amounts so demanded under the said
invocation.
The liability of bank under this Guarantee shall not be affected by any change in
the constitution of the consultant or of the Bank.
DATE _______________
SIGNATURE OF THE BANK _______________________
SEAL OF THE BANK _____________________________
SIGNATURE OF THE WITNESS ____________________
Name and Address of the Witness ___________________
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same
accordingly.
Appendix-O
DETAILED EVALUATION CRITERIA
will be added for evaluation. Credentials of associate firm, except key personnel.
Note 2: Employer’s certificate should be submitted substantiating the
experience claimed by the firm
2.2 Qualification and Competence of the Key Staff for adequacy of the
Assignment. (Para 12.2 of Data Sheet and Enclosure II of TOR)
Total : 100
Total : 100
I General Qualification 25
i) Graduate in IT/ Comp Sc./ Electrical/ Electronics/Civil/
Instrumentation/ Mechanical 20
ii) Post-graduate in Engineering 5
II Adequacy for the Project
70
i) Total Professional Experience
<15 years - 0
15 years - 12 marks 15
Add 1 mark extra for each additional year of experience
subject to maximum 3 (three) marks.
ii) Experience in system requirement, installation and
commissioning of all the subsystems and equipment
required for remote operation and control devices
similar to SCADA in any infrastructure project.
25
< 10 years - 0
10 years - 15 marks
Add 2.5 marks extra for each additional year of
experience subject to maximum 10 marks
iii) Experience in at least 7 years experience in hardware
configuration, system tuning, application development,
documentation including operation and maintenance
< 7 years - 0 15
7 years - 10
Add 1.25 marks extra for each additional year of
experience subject to maximum of 5 marks
iv) Experience in handling at least 2 surveillance and
security systems projects
2 project - 10 marks 15
Add 2.5 marks extra for each additional project subject to
maximum 5 (Five) marks.
III Employment with the Firm
< 1year - 0
>1 year to 2 years - 2 marks
5
>2 years to 3 years - 3 marks
> 3 years - 5 marks
Total : 100
Max Age = 65Years
Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………………..}
(hereinafter referred to as ―Tender/Bid‖) and intends to award, under laid down
organizational procedure, contract/s for {Name of the work}(hereinafter referred
to as the “Contract”). And Whereas the Principal values full compliance with all
relevant laws of the land, rules of land, regulations, economic use of resources
and of fairness/ transparency in its relations with its Bidder(s) and/ or
Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter
into this Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the
terms and conditions of which shall also be read as integral part and parcel of the
Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the
parties hereby agree as follows and this pact witnesses as under:
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
(a) No employee of the Principal, personally or through family members, will
in connection with the Tender for, or the execution of a Contract, demand,
take a promise for or accept, for self, or third person, any material of
immaterial benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with
equity and reason. The Principal will in particular, before and during the
Tender process, provide to all Bidder(s) the same information and will not
provide to any
Bidder(s) confidential/ additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract
execution.
(c) The Principal will exclude all known prejudiced persons from the process,
whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees
which is a criminal offence under the IPC/PC Act or any other Statutory Acts or if
there be a substantive suspicion in this regard, the Principal will inform the Chief
Vigilance Officer and in addition can initiate disciplinary actions as per its internal
laid down Rules/Regulations.
(1) If the Principal has disqualified the Bidder(s) from the tender process
prior to the award according to Arcticle-3, the Principal shall be entitled to
forfeit the Earnest Money Deposit/ Bid Security or demand and recover the
damages equivalent to Earnest Money Deposit/ Bid Security apart from any
other legal right that may have accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to
the relevant provisions of the contract related to Termination of Contract
due to Contractor/ Concessionaire/Consultant‘s Default. In such case, the
Principal shall be entitled to forfeit the Performance Bank Guarantee of the
Contractor/ Concessionaire/ Consultant and/ or demand and recover
liquidated and all damages as per the provisions of the contract/concession
agreement against Termination.
(1) The Bidder declares that no previous transgressions occurred in the last 3
years immediately before signing of this Integrity Pact with any other
Company in any country conforming to the anti corruption/ Transparency
International (TI) approach or with any other Public Sector Enterprise/
(1) The Principal has appointed Dr. Satyanarayana Dash, IAS (Retd.) as
Independent External Monitor (herein after referred to as “Monitor”) for this
Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under
this agreement.
This Pact begins when both parties have legally signed it (in case of EPC i.e. for
projects funded by Principal and consultancy services). It expires for the
Contractor/ Consultant 12 months after his Defect Liability period is over or 12
months after his last payment under the contract whichever is later and for all
other unsuccessful Bidders 6 months after this Contract has been awarded. (In
case of BOT Projects) It expires for the concessionaire 24 months after his
concession period is over and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. If any claim is made/ lodged during his time, the
same shall be binding and continue to be valid despite the lapse of this pact as
specified above, unless it is discharged/ determined by Director General (Road
Development ) & Special Secretary.
(1) This pact is subject to Indian Law. Place of performance and jurisdiction
is the Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made
in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is a partnership or a
consortium, this pact must be signed by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid,
the remainder of this agreement remains valid. In this case, the parties will
strive to come to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to
term of this pact, any action taken by the Principal in accordance with this
Pact or interpretation thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any
other legal action that may follow in accordance with the provision of the
extent law in force relating to any civil or criminal proceedings.
In witness whereof the parties have (For & On behalf of the Bidder/
signed and executed this Pact at the Contractor)
place and date first done mentioned
in the presence of following
witness:- (For & On behalf of the
Principal) (Office Seal )