GOVERNMENT OF ANDHRA PRADESH

ROADS AND BUILDINGS DEPARTMENT

REQUEST FOR PROPOSALS

for

Consultancy services for Pre-Feasibility study on 19

State Highways to takeup projects under BOT/PPP
with Viability Gap Funding (Package No. PFS-03)

(Quality and Cost Based Selection [QCBS] -

Lump Sum)

__________________________________________________
Office of the Chief Engineer (R&B) S.H.,&
Managing Director, A.P. Road Development Corporation
Room No.502, 5th Floor, HOD Building, Opposite Indira Gandhi Municipal
Stadium,
M.G.Road, Vijayawada-520010,
Andhra Pradesh, India.

1
 INDEX

Sl. Contents Page

No. No.
1 Notice inviting the proposals for Consultancy services 3-4

2 Letter of Invitation 5-12

3 Annexure - I: List of Roads 13-14

4 Data Sheet 15-24

5 Appendix –I: Terms of Reference inclusive of manning 25-43

schedule, qualification requirements of key
personnel, submission of reports/
documents
6 Appendix - II: Formats for Technical Proposals 44-

50

7 Appendix - III: Formats for Financial Proposals 51-54

8 Appendix - IV: Draft Contract Agreement 55-95

2
 REQUEST FOR PROPOSALS

RFP No.

Country: INDIA

Title of Consulting Consultancy services for Pre-Feasibility

Services: study on 19 State Highways to takeup
projects under BOT/PPP with Viability Gap
Funding (Package No. PFS-03)

3
 GOVERNMENT OF ANDHRA PRADESH
ROADS AND BUILDINGS DEPARTMENT

A.P.ROAD DEVELOPMENT CORPORATION

O/o the Chief Engineer (R&B) State Highways &
Managing Director, APRDC
M.G Road,Labbipet, Vijayawada, A.P
MailId:[email protected]

NOTICE INVITING TENDER

(National Competitive Bidding)

e -NIT. No.4/3/PFS/SH/PD/DCE-I/DEE-4/AEE-9/2024,
Dt:14.11.2024.

1. Roads &Buildings Department, Government of Andhra

Pradeshinvites online bids from prospective consultants
forConsultancy Services for Conducting Pre-feasibility Study under
PPP model for Selected State Highways in Andhra Pradesh, India.
The brief details of the proposed services are as follows:

Sl. Description Approx. Period of

No. Length assignment
(kms)
Consultancy services for Pre-Feasibility
study on 19 State Highways to takeup 1000 Km
1 (Annexure- 3 Months
projects under BOT/PPP with Viability
I)
Gap Funding (Package No. PFS-03)

2. ........................................................ RFP document is available online

onhttps://www.apeprocurement.gov.in/from 18-11-2024 (16.30Hrs)
to 17-12-2024(up to 17.00 hrs IST).

3. The participating bidders will have to pay transaction fee of Rs

6266/- (0.03% of ECV+GST of 18 %) to M/s APTS Ltd., Vijayawada
through the electronic payment gateway.

4. The Applicant shall furnish as part of its Proposal, a bid security of

Rs.1,77,000/- (Rupees One Lakhseventy seven thousandonly)as
specified in clause 4.3 of LOI.

4
 5. RFP must be submitted online only at web address
https://www.apeprocurement.gov.in on or before17-12-2024(Up to
17.00 hrs IST). RFP transmitted through any other mode shall not be
entertained.

6. Bidders are informed that a total of 4 RFPs for 4 consultancy

packages viz., PFS-01, PFS -02, PFS -03&PFS -04have been
published including this Package. The bidder shall not submit their
proposals for more than 2 packages.In case the bidder submit
proposals for more than one package, proposals shall be submitted
separately for each package and different key staff shall be
provided for each of the packages. If the same staff is proposed in
other package(s) all the proposals submitted by the Consultant shall
be treated as non-responsive.

Instructions to applicants regarding e-tendering

process:

(a) The interested applicant can download the RFP from websiteor e-
tendering portal https://www.apeprocurement.gov.in.

(b) The applicants have to submit their bids along with scanned
copy of Bid Security online inelectronic format.

(c) In case the Bid security as specified in clause 4.3 of LOI is not
uploaded along with the bid,the Bid shall be treated as non-
responsive and shall not be considered for evaluation.

(d) Before submission of online bids, applicants must ensure that

scanned copy of all thenecessary documents have been
attached with bid.

(e)Roads and Buildings Departmentshall not be responsible for delay

in onlinesubmission due to any reason whatsoever.

(f) All documents/papers uploaded/submitted by the bidder must be

legible.

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

Sl. Event Description Date

No
.
1. Last date for receiving queries 28.11.2024(15.00 Hrs)
/clarifications
2. Pre-Proposal Conference 29.11.2024. at O/o of Chief
(Pre-bid meet) Engineer (R&B) SH &MD,

5
 APRDC, Room No-502, State
HoDs Building, M.G Road,
Vijayawada, A.P @(11.00
Hrs)
3. Authority response to queries Chief Engineer (R&B) SH
&MD, APRDC,Vijayawada,
Krishna District, A.P
4. Proposal Due Date (PDD) 17.12.2024 (17.00 Hrs)
(online submission)
5. Opening of Proposals 17.12.2024(17.15Hrs)

6
 Letter of Invitation (LOI)

‘e’ NIT. No.4/3/PFS/SH/PD/DCE-I/DEE-4/AEE-9/2024,

Dt:14.11.2024.

Gentlemen,

Sub: Invitation of Proposals for Consultancy Services for

Conducting Pre-feasibility Study under PPP model for Selected
State Highways in Andhra Pradesh, India.

The details of the services are as follows:

Sl. Description Approx. Period of

No. Length assignment
(kms)
Consultancy services for Pre-Feasibility
1000 Km
1 study on 19 State Highways to takeup (Annexure- 3Months
projects under BOT/PPP with Viability Gap
I)
Funding (Package No. PFS-03)

1. Introduction

1.1 (R&B) Department is engaged in the development and

maintenance ofState Highwaysin the state of Andhra Pradesh.
The Governorof Andhra Pradeshrepresented by Chief Engineer
(R&B) SH & Managing Director, APRDC, Vijayawada (“Client”)
nowinvites proposal from prospective consultants for
Conducting Pre-feasibility Study under PPP model for Selected
State Highways in Andhra Pradesh, India.

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

1.3 RFP document is available online on portalof

eprocurement, Andhra
Pradeshhttps://www.apeprocurement.gov.in.from
18.11.2024(16.30Hrs) to 17.12.2024(up to 17.00 hrs).

The participating bidders will have to pay transaction fee

of Rs.6266/- (0.03% of ECV +GST of18%) to M/s APTS Ltd.,
Vijayawada through the electronic payment gateway.

RFP must be submitted online only at web address

https://www.apeprocurement.gov.in. on or before 17-12-2024
(Up to 16.00 hrs IST). RFP transmitted through any other mode
shall not be entertained.

7
 1.4 To obtain first hand information on the assignment and on the
local conditions, you are encouraged to pay a visit to the office
of Executive Engineers (R&B) Divisionsand Concerned officer in-
charge of State Highwaysand the project site before submitting a
proposal. You must fully inform yourself of local and site
conditions and take them into account in preparing your
proposal.

1.5 Financial Proposals ofall technically qualified consultants will be

opened in accordance with terms of RFP. The consultancy
services will be awarded to the consultants on the basis of the
evaluation criteria specified in the RFP.

1.6 Please note that (i) costs of preparing the proposal and of
negotiating the contract, including visits to the Client etc., are
not reimbursable as a direct cost of the assignment; and (ii)
Client is not bound to accept any of the proposals submitted and
reserves the right to reject any or all proposals without assigning
any reasons.

1.7 The proposals must be properly signed as detailed below:

1.7.1 i. by the proprietor in case of a proprietary firm

ii. by the partner holding the Power of Attorney in case of a

firm in partnership (A certified copy of the Power of Attorney
shall accompany the Proposal).

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

in case of a Limited Company or a corporation (A certified
copy of the Power of Attorney shall accompany the
proposal).

1.7.2 JV/Association is not permissible.

1.8 Pre-proposal conference shall be held on the date, time and

venue given in data sheet.

2. Documents

2.1 To enable you to prepare a proposal, please find and use the
attached Documents listed in the Data Sheet.
2.2 Consultants requiring a clarification of the Documents must notify
the Client, in writing, by 28.11.2024(15.00 hrs). Any request for
clarification in writing or by email must be sent to the Client’s
address indicated in the Data Sheet. The Client will respond by e-
mail to such requests and copies of the response will be uploaded
on the web site / portal for e-tendering.
2.3 At any time before the submission of proposals, the Client may,
for any reason, whether at its own initiative or in response to a
8
 clarification requested by a Consulting firm, modify the Documents
by amendment. The amendment will be notified by hosting online
on the website / portal for e-tenderinghttps://
www.apeprocurement.gov.inand it will not be communicated by any
other means. The amendmentsif any, will be binding on the bidders.
The Client may at its discretion extend the deadline for the
submission of proposals.

3. Preparation of Proposal
The Applicant shall submit its Proposal in the form and manner
specified in this section of the RFP. The Technical proposal shall
be submitted in the form at Appendix-II and the Financial
Proposal shall be submitted in the form at Appendix-III. Upon
selection, the Applicant shall be required to enter into an agreement
with the Client in the form specified at Appendix-IV.

3.1 Technical Proposal

3.4.1 Under the technical proposal, the CVs of key personnel in

the prescribed format as per Appendix-II are to be furnished.
It may be ensured that the format is strictly followed and the
information furnished therein is true and correct. The CV must
indicate the work in hand and the duration till which the
person will be required to be engaged in that assignment.

3.4.2 You are expected to examine all terms and instructions

included in the Documents. Failure to provide all requested
information will be at your own risk and may result in rejection
of your proposal.

3.4.3 During preparation of the technical proposal, you must give

particular attention to the following:

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

manning schedule in respect of requirement of key
personnel is also furnished in the TOR which shall be
the basis of the financial proposal. You shall make your
own assessment of support personnel both technical and
administrative staff to undertake the assignment. Additional
support and administrative staff need to be provided for
timely completion of the project within the total bid cost. It is
stressed that the time period for the assignment
indicated in the TOR should be strictly adhered to.
ii. No alternative to key personnel may be proposed and
only one CV may be submitted for each position in the
format given at Appendix-II. The minimum requirements
of Qualification and Experience of all key personnel are

9
 listed in TOR. The proposal not meeting the minimum
requirement specified shall not be evaluated further.
However, the Client reserves the right to lower the
minimum requirements in the interest of work without
giving any notice.
iii. All required key personnel should be available from beginning
of the project.
iv. The availability of key personnel must be ensured at site
during the period shown in the manning schedule and / or as
per requirement of the services.
v. Upper Age limit for key personnel is 65 years as on due
date of bid submission. The proof of age and
qualification of the key personnel must be furnished in
the technical proposal.
vi. An undertaking from the key personnel must be
furnished that he/she will be available for entire
duration of the project assignment and will not engage
himself/herself in any other assignment during the
currency of his/her assignment on the project. After
the award of work, in case of non-availability of key
personnel in spite of his/her declaration, he/she shall
be debarred for a period of two years for all projects of
the R&B Department / APRDC.
vii. Upper Age limit for supporting staff to be deployed on project
is 60 years as on due date of bid submission.
viii. A good working knowledge of English Language is essential for
key professional staff on this assignment. Study reports must
be in ENGLISH Language.
ix. Photo, contact address and phone/mobile number of
key personnel should be furnished in the CV.
x. In case a firm is proposing key personnel from
educational/research institutions, a ‘No Objection
Certificate’ from the concerned institution should be
enclosed with the CV of the proposed key personnel
committing his services for the instant project.
3.2 Your technical proposal using the formats attached in
Appendix – IImust include but not limited to the following
information.
i. The composition of the proposed Team and Task Assignment
to individual personnel.
ii. Each page of Original Curriculum Vitae (CV) for each
package if any, need to be recently signed in blue ink
by the proposed key personnel and also by an
authorized official of the Firm. The information of key
personnel shall be as per the format. Photocopies of

10
 the CVs will not be accepted. Unsigned copies of CVs
shall be rejected.
iii. Proposed work programme and methodology for the execution
of the services illustrated with bar charts of activities,
including survey equipment and procedure, any change
proposed in the methodology of services indicated in the TOR,
and procedure for quality assurance.
iv. Estimates of the total time effort (person x months) to be
provided for the services, supported by bar diagrams showing
the time proposed (person x months) for each key personnel.
The data obtained from the topographic surveys and other surveys
should be handed over to Chief Engineer (R&B) SH & MD, APRDC,
Vijayawadaafter the completion of services. The data of
topographical surveys should be in a form amenable to digital
terrain model (DTM) commonly used by highway design software
(MOSS/ MX-Q or equivalent).
3.3 The technical proposal must not include any financial
information.

3.4 Financial Proposal

3.4.1 The Financial proposal should include the costs associated
with the assignment. These shall normally cover: remuneration
for staff (local, in the field, office etc), accommodation,
transportation, equipment, printing of documents, surveys, etc.
Your financial proposal should be prepared strictly using, the
formats attached in Appendix-III. Your financial proposal
should clearly indicate the amount asked for by you without
any assumptions of conditions attached to such amounts.
Conditional offer or the proposal not furnished in the
format attached in Appendix-III shall be considered non-
responsive and is liable to be rejected.
3.4.2 The financial proposal shall take into account all types of the
tax liabilities and cost of insurance specified in the Data Sheet.
3.4.3 Costs shall be expressed in Indian Rupees and payments shall
be made in Indian Rupees
3.4.4 Consultants are required to charge only rental of equipment/
software(s) proposed to be used so as to economize their
financial bid.

3.5 Bid Validity: The proposals shall be valid for 120 days from the due
date for submission of proposals.
4. Submission of Proposals

11
3.6 The interested applicant can download the RFP from website or e-
tendering portal https://www.apeprocurement.gov.in. The applicants
have to submit their bids along with scanned copy of Bid Security
online in electronic format. In case the Bid security as specified in
clause 4.3 of LOI is not uploaded along with the bid, the Bid shall be
treated as non-responsive and shall not be considered for
evaluating. Before submission of online bids, applicants must ensure
that scanned copy of all the necessary documents have been
attached with bid. Client shall not be responsible for delay in online
submission due to any reason whatsoever. All documents/papers
uploaded/submitted by the bidder must be legible.

Bids shall be strictly treated as non-responsive if bid is not

accompanied by an acceptable bid security (with validity for a
period of 6 months from the date of Notice Inviting Tenders). Before
submission of online bids, applicants must ensure that copies of all
the necessary documents have been attached with bid. Client shall
not be responsible for delay in online submission due to any reason
whatsoever. All documents/papers uploaded/submitted by the
bidder must be legible and properly numbered. The last date and
time of submission of online proposal are as specified in the data
sheet.

3.7 The rates quoted shall be firm throughout the period of performance
of the assignment upto and including acceptance of the report by
the Client and discharge of all obligations of the Consultant under
the Agreement.

3.8 Bid Security

4.3.1 The Bidder shall furnish, as part of his Bid, a Bid

security of Rs.1,77,000/-. (Rupees One Lakh and Seventy
Seven Thousands only) for this particular work. This bid
security shall be in favour of Client as named in data sheet and
may be in one of the following forms.

a. Bank Guarantee from any scheduled Indian bank/

nationalized bank, in the format given in (Appendix-K).
b. By using Net Banking/RTGS/NEFT from their registered bank
account only or using Credit Card/Debit Card from
Nationalized Bank or any Scheduled Commercial bank.

12
 4.3.2 Bank guarantees (and other instruments having fixed validity)
issued as surety for the bid shall be valid for 6 months from the
date of Notice Inviting Tender.

4.3.3 Any bid not accompanied by an acceptable Bid Security and / or

not secured as indicated in Sub-Clauses 4.3.1 and 4.3.2 above
shall be rejected by the Client as non-responsive.

4.3.4 The Bid Security of unsuccessful bidders will be returned within

15 days ofthe end of the bid validity period.

4.3.5 The Bid Security of the successful bidder will be discharged

when the bidder has signed the Agreement and furnished the
required Performance Security.

4.3.6 The Bid Security may be forfeited

a. if the Bidder does not accept the correction of the Bid Price,
pursuant to evaluation of bid; or
b. in the case of a successful Bidder, if the Bidder fails
within the specified time limit to
(i) sign the Agreement; or
(ii) furnish the required Performance Security.

5. Proposal Evaluation

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

the first stage, a technical evaluation will be carried out prior to
opening of financial proposal. The technical proposal should score
at least 75 points out of 100 to be considered pass for financial
evaluation. In the second stage, financial proposal of all eligible
firms who pass in technical evaluation shall be opened and
evaluation will be carried out. Firms will be ranked based on
evaluation criteria specified in the RFP.

5.2 Evaluation of Technical Proposal

The evaluation committee appointed by the Client will carryout its

evaluation applying the broad evaluation criteria specified in the
Data Sheet. Each responsive proposal will be attributed a technical
score.

13
5.3 Evaluation of Financial Proposal

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

considered. This however does not include GST which is
separately reimbursable.

5.3.2 The evaluation committee will determine whether the financial

proposals are complete (i.e., whether they have included cost
of all items of the corresponding proposals ; if not, then their
cost will be considered as NIL for that item but the consultant
shall however be required to carry out such obligations without
any compensation. In case, if client feels that the work cannot
be carried out within overall cost of financial proposal, the
proposal can be rejected), correct any computational errors and
convert the prices in various currencies to the single currency
specified in Data Sheet. The evaluation shall exclude those
taxes, duties, fees, levies and other charges imposed under the
applicable law. The bidder with highest combined score of
technical and financial scores will be the preferred bidder.

5.3.3 In case of QCBS, the lowest evaluated Financial Proposal (Fm)

will be given the maximum financial score (Sf) of 100 points.
The financial scores (Sf) of the other Financial Proposals will be
computed as indicated in the Data Sheet. Proposals will be
ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the
Technical Proposal; P = the weight given to the Financial
Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% +
Sf x P%. The firm achieving the highest combined technical and
financial score will be invited for negotiations.

6. Negotiations

6.1 Prior to the expiration period of proposal validity, the Client will
notify the most preferred Consultant, i.e., the bidder with highest
combined score in writing by registered letter, cable, telex or
facsimile and invite him to negotiate the Contract.

6.2 Each key personnel of the preferred consultant shall be called for
interview at the time of negotiation at the cost of consultant before
the award of work.

6.3 Negotiations normally take two to three days. The aim is to reach
agreement on all points and initial a draft contract by the conclusion
of Negotiations.

6.4 Negotiations will commence with discussion on technical proposal,

the proposed methodology (work plan), staffing and any suggestions
made to improve the TOR, the staffing and bar charts, which will
indicate activities, staff, and periods in the field and in the home

14
 office, staff months, logistics and reporting. The financial proposal is
subject to rationalization. Special attention will be paid to optimize
the required outputs from the Consultants within the available
budget and to define clearly the inputs required from the Client to
ensure satisfactory implementation of the Assignment.

6.5 Changes agreed upon will then be reflected in the financial proposal
using proposed unit rates.

6.6 Having selected Consultants, among other things, on the basis of an

evaluation of proposed key professional staff, the Client expects to
negotiate, within the proposal validity period, a contract on the
basis of the staff named in the proposal and, prior to contract
negotiations, will require assurances that the staff will be actually
available. The assignment being a short duration one, client
will not consider any substitution of key personnel.
However, in exceptional circumstances if the key personnel
are to be replaced by consultants the remuneration for key
personnel shall be reduced by 25% (except in case of death/
extreme medical ground). Similarly, after award of contract
the Client expects all of the proposed key personnel to be
available during implementation of the contract. For total
replacement beyond 66% of the total key personnel, the
Client may initiate debarment proceedings so as to debar
such consultant for future projects for a period of 6 months
to 24 months. In any case, if it becomes necessary to replace any
of the key personnel, the consultants shall forthwith provide as a
replacement a person of equivalent or better qualifications and
experience.

6.7 The negotiations will be concluded with a review of the draft form of
Contract. The Client and the Consultants will finalize the contract to
conclude negotiations.

7. Performance Security

The consultant will furnish within 15 days of the issue of Letter of

Acceptance (LOA), an unconditional Bank Guarantee from any
scheduled / nationalized bank for an amount equivalent to 5 % of
the total contract value to be received by him towards Performance
Security valid for a period of 2 years beyond the date of completion
of services. The Bank Guarantee will be released by Chief Engineer
(R&B) SH & MD, APRDC, Vijayawada upon
expiry of 2 years beyond the date of
completion of services provided, rectification of errors, if any, found
and satisfactory report by Chief Engineer (R&B) SH & MD, APRDC,
Vijayawada in this regard is issued.

8. Penalty

15
 Penalty shall be imposed on the consultants for poor
performance/deficiency in service as expected from the consultant
and as stated in General Conditions of Contract.

9. Award of Contract

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

9.2 The selected Consultant is expected to commence the Assignment

on the date and at the location specified in the Data Sheet.

Thanking you
Yours sincerely,

(Sri L. Sreenivasa Reddy)

Chief Engineer (R&B)SH&
MD, APRDC, Vijayawada

Encl. as above

16
 ANNEXURE – I

Consultancy Services for Conducting Pre-feasibility Study under PPP

model for Selected State Highways in Andhra Pradesh, India.

LIST OF SELECTED STATE HIGHWAYS

S. New (R&B) Total Length

Name of the Road Code No
No District in Km

Nellore-Podalakur-Sydapuram Road
1 Nellore 53 54.400
from Km.0/0 to 54/4

Podalakur - Somasila Road from km

2 Nellore 355 47.800
0/0 to 47/8

Sangam-Viruvur-Kaluvoy (via)
3 Nellore Chejerla, Telugurayapuram Road 349 46.400
from Km 0/0 to 46/4

Atmakur - Somasila Road from Km

4 Nellore 341 40.200
0/0 to 40/2

Gudur -Thirumerla Road from Km

5 Nellore KM.0/0 to 44/0 & 15/0 to 23/7 in 379 52.700
Nellore District

Naidupet to Sriharikota road (via)

6 Tirupati Duggarajapatnam road KM.0/0 to 63 64.715
64.715

NaidupetRapur Road from KM.0/0 to

7 Tirupati 397 40.800
40/8

Tada - Kalahasti Road from km.

8 Tirupati 480 46.060
0.600 to 44.400

Tirupati Chittoor Puttur road from km.0.400

9 69 64.054
Chittoor to 64.710

17
 Tirupati - Kothapallimitta road via
Tirupati
10 Pachikapalem - Vedurukuppam 68 51.600
Chittoor
from km.1.600 to 51.600

Punganur - Pulicherla -
11 Chittoor Chinnagottigallu road from 0.000 to 65 67.950
67.950

Nimmanapalle - Vayalapad -
12 Annamayya Gurramkonda - Galiveedu road from 66 52.710
0.000 to 52.710

Mudiveedu - Thamballapalle -
13 Annamayya Peddamandyam Road from 2.200 to 401 46.850
46.850

MulakalacheruvuKandlamadugu
14 Annamayya 411 41.310
Road from 16.000 to 41.310

Rajampeta-Gudur-Duggirajapatnam
15 Annamayya 371 42.000
road

Kadapa Porumamilla Road from Km

16 YSR 56 81.400
1/6 to 83/0

Porumamilla - Kondrajupalli -
17 YSR Narsapuram - Kasinayanapalli Road 43 50.800
in YSR Distric

YSR Kadapa Pulivendula Road from Km

18 51 60.400
Kadapa 1.8 to 67/6

Mydukuru -Thaticherla Road from

19 54 48.160
YSR 41/3 to 89/373 Km

TOTAL 1000.000

18
 DATA SHEET

(References to corresponding paragraphs of LOI are mentioned alongside)

1. The Name of the Assignment is conducting Pre-feasibility Study

under PPP model for Selected State Highways in Andhra Pradesh,
India as mentioned at Annexure-I.(Ref. Appendix-1 TOR).

2. The Name of the Client is:(Ref 4.3.1)

Chief Engineer (R&B) SH& Managing Director, APRDC,
M.G Road, Labbipet,Vijayawada-520010,
mail
ID::[email protected]

3. Pre proposal conference date :29.11.2024 @ 11.00 AM(Ref. Para

1.8)

Venue: O/o Chief Engineer (R&B) SH & Managing Director, APRDC

State HoDs Building, M.G Road, Labbipet,
Vijayawada- 520010.

4. The Description of the Project:

Sl. Description Approx. Period of

No. Length assignment
(kms)
Consultancy services for Pre-
Feasibility study on 19 State
1 Highways to takeup projects 1000 Km
3 Months
under BOT/PPP with Viability (Annexure-I)
Gap Funding (Package No. PFS-
03)

L
5. Last Date and Time for submitting queries
Email ;[email protected],
Date: 28.11.2024 (15.00 Hrs)

Address: O/o Chief Engineer (R&B) SH &

Managing Director,APRDC,
Room No – 502, M.G Road,Labbipet,
Vijayawada – 520010, AndhraPradesh.(Ref. Para 2.2)

19
 6. The Documents are:(Ref. Para 2.1)

i. Appendix-I: Terms of Reference (TOR)

ii. Appendix-II: Formats for Technical
Proposal
iii. Appendix-III: Formats for Financial Proposal
iv. Appendix –IV:Draft Contract Agreement

7. Tax and Insurance (Ref. Para 3.4.2)

7.1The Consultants and their personnel shall pay all taxes(including

service tax), custom duties, fees, levies and other impositions
levied under the laws prevailing seven days before the last date of
submission of the bids. The effects of any increase / decrease of
any type of taxes levied by the Government shall be borne by the
Client / Consultant, as appropriate. The Consultant will remit
service tax/ GST monthly or as applicable under the law and seek
reimbursement from(R&B) Department.

7.2Limitations of the Consultant’s Liability towards the Client.

7.2.1 Except in case of negligence or wilful misconduct on the part

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

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

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

7.2.2 The Limitation of liability shall not affect the Consultants’

liability, if any, for damage to Third Parties caused by the
Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.

20
7.3The risks and the coverage shall be as follows:

7.3.1 Third Party motor vehicle liability insurance as required under

Motor Vehicles Act, 1988 in respect of motor vehicles
operated in India by the Consultants or their Personnel or any
Sub consultants or their Personnel for the period of
consultancy.

7.3.2 Third Party liability insurance with a minimum

coverage, for Rs.2,00,000/- for the period of
consultancy.

7.3.3 (i) The Consultant shall provide to Chief Engineer (R&B) SH

& MD, APRDC, Vijayawada Professional Liability
Insurance (PLI) for a period of one year beyond
completion of Consultancy services or as per Applicable
Law, whichever is higher.

(ii) The Consultant will maintain at its expense PLI including

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

(iii) The policy should be issued only from an Insurance

Company operating in India.

(iv) The policy must clearly indicate the limit of indemnity in

terms of “Any One Accident” (AOA) and “Aggregate limit
on the policy” (AOP) and in no case should be for an
amount less than stated in the contract.

(v) The Consultant does not cancel the policy midterm

without the consent of Chief Engineer (R&B) SH &
MD, APRDC, Vijayawada. The insurance company
may provide an undertaking in this regard.

7.3.4 Employer’s liability and workers’ compensation

insurance in respect of the Personnel of the Consultants and
of any Sub consultant, in accordance with the relevant
provisions of the Applicable Law, as well as, with respect to
such Personnel, any such life, health, accident, travel or other
insurance as may be appropriate; and all insurances and
policies should start from the date of commencement of

21
 services and remain effective as per relevant requirements of
contract agreement.

8. Deleted

9. The Technical Proposal and Financial Proposal be submitted

in line as per para 3 of LOI.

10. The last date and time of online proposal submission

are:17.12.2024 (upto 17:00 hrs)(Ref. Para 4.1)

11. Proposal Validity period (days, date): 120 daysfrom the due
date of bid submission.

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

12.1 First stage: Technical Evaluation (Ref. Para 5.1 and

5.2)

12.1.1 The points given to different parameters (Evaluation

criteria) are as below:

Evaluation Criteria for Technical Proposal

S.N Description Point

o s
1 Firms Relevant Experience in last 10 years 20

2 Adequacy for Approach and Methodology, survey& 20

investigation equipment and software proposed to
be used.
3 Qualification and Relevant Experience of the 60
Proposed Key Personnel
Total 100

12.1.2 The number of points to be given under each of the

evaluation sub-criteria are:
(i) Firm’s relevant experience

Sl. Description Poin

No. ts
(a) Year of the establishment of the firm i.e., Age of 4
the Firm
<5 Years – 0

22
 5 – 10 years - 1
>10 – 15 years – 2
>15 – 20 years –3
> 20 years - 4
(b) Average Audited Annual Financial Turnover (Last 6
Ten financial years, i.e., from 2014-15 to 2023-
24) from consultancy business
<5 Crore -0
5 Crore – 10 Crore -2
>10 Crore – 20 Crore - 4
>20 Crore -6
(c) Experience in number of completed Detailed 10
Project Reports (DPRs) for Expressways/ NH/SH/
ODR with documentary evidence of relevant few
pages of contract agreement /LoA or LOI from
Authority needs to be enclosed during last 10
years (year 2014-15 to 2023-24)
<2 Reports – 0
3 – 4 Reports–2 marks
5 – 6 reports – 4 marks
7 - 8 Reports – 6 marks
9 – 10 Reports – 8 marks
>10 Reports – 10 marks
Total 20

(ii) Adequacy of the proposed work plan and methodology,

survey investigation equipment and software proposed
to be used

Sl. Description Poin

No. ts
(a) Understanding TOR 6
(Understanding of objectives: 2 points
Comments on ToR: 2 points)
(b) Quality of methodology, equipment/ software 10
proposed to be used
(c) Work Program and Manning Schedule 4
Total 20

(iii) Qualification and relevant experience of key personnel.

Sl. Key Personnel Poin

No. ts
(a) Team Leader-cum-Senior Highway Engineer 20

23
 (b) Transport Economist 15
(c) Senior Quantity Surveyor 12.5
(d) Financial Specialist 12.5
Total 60

12.1.3 The weightage points given to evaluation sub-criteria

for qualifications and experience of key personnel are:

The number of points to be assigned to each of the above positions

or disciplines shall be determined considering the following three
sub-criteria and relevant percentage weights:

Weight
(1) General qualification 20%
(a) Education:
Bachelor degree: 3
Masters Degree: 4
Phd: 5
(b) Experience:
No. of years of proven experience
Minimum years of experience 8
stipulated
for qualification in TOR
Additional years of experience 4
Points will be prorated
(c) Position Held:
No of yrs in similar position held 3

(2) Adequacy for the 65%

project
(a) Experience in Highway Projects
in PPP financing
3 projects on Highway Projects in 30
PPP financing
Points will be prorated
5 projects on PPP financing but in 15
other sectors than infrastructure
Points will be prorated
(b) Experience in similar position:
5 projects in relevant field of 20
expertise and in PPP
Points will be prorated

(3) Experience in region and language 15%

(a) Experience in the Region 10
(b) Exposure to the Language in 5
Region
Total Weight 100%

24
12.2 Second stage – Evaluation of Financial proposal

Financial Proposals of all qualified consultants in accordance with

clause 5.1 hereof will be opened. The consultancy services will be
awarded to the consultant who has scored highest combined score
with weightage 75:25 to the technical and financial proposals.
The lowest evaluated Financial Proposal (Fm) is given the
maximum financial score (Sf) of 100.
The formula for determining the financial scores (Sf) of all
other Proposals is as following:
Sf = 100 x Fm/F, in which “Sf” is the financial score, “Fm” is the
lowest evaluated financial proposal, and “F” is the amount of
financial proposal of the bidder under consideration.
The weights given to the Technical (T) and Financial (P)
Proposals are:
T = 75, and
P = 25

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

Consultants shall commence the services within seven days of the
date of effectiveness of the contract at locations as required for the
project stretches.

25
 APPENDIX-1
TERMS OF REFERENCE
1. BACKGROUND

1.1 Prelude
Government of Andhra Pradesh (GoAP) is working steadily towards
rapid allround development of the state. GoAP recognizes and fully
acknowledges the role of provisioning quality infrastructure and asset
operation and management (O&M) as essential components for
economic development of Andhra Pradesh. Varied initiatives and
efforts are being planned to meet short-term to long-term goals of
development for a robust and resilient road infrastructure network in
the state. Amongst important areas of concern, roads and mobility
infrastructure necessities are placed in the key focus category. The
State Government envisages holistic and exhaustive development of
its state-wide road network at the onset. It is keen to develop roads to
transmute growth and enable sustainable economic development. The
State Government through Andhra Pradesh Road Development
Corporation (APRDC), nodal agency designated for development,
maintenance and management of roads, shall initiate the necessary
enhancement to and transformation in the State Highways.

1.2 Context of PPP

GoAP is conscious of the huge and upcoming investments needed for
the development of State Highways. With limited fiscal resources,
which it shall deploy judiciously, additional financing options are being
explored. The State desires to explore an option of implementing as
many projects as possible on multiple formats of Public Private
Partnership (PPP) basis. While the budgetary resources of the
government are limited, the significant financing needs of
infrastructure development, especially for road network development,
do require alternate sources of funding to ensure sustainable
development. These include soliciting grants available at the central
level and as applicable to the program. PPP mode is one such feasible
financing option, extensively used for infrastructure development in
various sectors in the country. GoAP too have successfully
implemented several PPP projects in the state and have further plans
to implement many more in the future.
The GoAP intends to undertake Pre-feasibility study for about
1,000 km (Annexure-I) of State Highways and prepare project
reports for State Highway to be implemented on PPP basis,
especially amenable to Viability Gap Funding (VGF) scheme of the
Department of Economic Affairs (DEA), Ministry of Finance (MoF),
Government of India (GoI). The intent of this study to undertake
pre-feasibility study of 1,000km of State Highways (SHs) to
arrive at a priority list of PPP amenable projects.

26
2. OBJECTIVES
The primary objectives of the pre-feasibility study are to:
 Evaluate the current condition and Capacity of the State
Highways.
 Identify the potential for improvement and expansion.
 Assess the Technical, Financial, and Economic feasibility of PPP
implementation and/ or alternative funding mechanism
 Identify potential risks and mitigation strategies.
 Recommend the most suitable PPP model/ or alternative funding
options.

3. SCOPE OF SERVICES
Pre-feasibility Study: Post identification of options, a pre-feasibility
study should be conducted to assess the options and identify the
best possible option. Along with this, the pre-feasibility study
provides an assessment of the prima-facie feasibility of the project.
An indicative framework of pre-feasibility study is provided as
below:

Need & Option Analysis:

 Assessing the service need
 Identifying most suitable delivery option
 Legal Pre-feasibility:
 Prima facie identification and assessment of suitability of legal,
policy and regulatory environment alignment of project
Technical Pre-feasibility:
 Preliminary assessment of technology, design & O&M aspects.
 Prima-facia assessment of site-specific constraints, any social and
environmental constraints
 Pavement and Soil Investigations: Existing Crust particulars and
CBR shall be collected for each homogenous section of each road.
 Traffic Surveys: The consultants shall undertake following
necessary surveys:
a) Classified traffic volume count (TVC) for 7 days for each of the
homogeneous section on each road (Not less than 52
locations). The Consultant shall submit Videograph of Traffic
count for all 7 days.
b) Origin-Destination (OD) and commodity movement for 24 hrs–
(Not less than 52 locations);
c) Speed-delay characteristics.
d) Any other traffic surveys required

27
 Preliminary Cost Estimates: The cost of Road Estimates shall be
based on the unit rate per Km and bridges/Culverts shall be based
on unit rates (Rate/m) based on similar projects in the region. The
unit rate for road work shall be arrived for each road based on the
requirement of crust as per IRC 37. The cost of other components
shall be based on industry practice.

 Estimation of Toll Revenues: Toll Revenues shall be estimates as

per the A.P. State Toll Policy.
 Preliminary Value for Money:
 Preliminary value for money (Qualitative parameters)
 Private Sector Market:
 Availability of a potential private market for possibility of
adequate response and competition
 Likely Implementation Arrangement:
 Role of private Sector, likely contractual framework, requirement
of institutional structure from government side.
Key outputs:
The key outputs of this stage are
 Project concept to address the underlying need
 Pre-feasibility report

4. DELIVERABLES
4.1 Inception Report:
The report shall cover at least following major aspects:
(i) Project appreciation;
(ii) Detailed methodology to meet the requirements of the TOR,
finalized in consultation with the Client; including scheduling
of various sub-activities to be carried out for completion of
various stages of the work; stating out clearly their approach
& methodology for project preparation after due inspection of
the entire project stretch and collection / collation of
necessary information;
(iii) Task assignment and Manning Schedule;
(iv) Work programme;
(v) Proforma for data collection;
(vi) Design standards and proposed cross-sections;
(vii) Key plan and Linear plan;
(viii) Development plans being implemented and / or proposed for
implementation in the near future by the local bodies and the
possible impact of such development plans on the overall
scheme for field work and design for the study;
(ix) Quality Assurance Plan (QAP) finalized in consultation with
Client;
(x) Draft design standards; and
(xi) The requirements, if any, for the construction of bypasses
should be identified on the basis of data derived from

28
 reconnaissance and traffic studies. The available alignment
options should be worked out on the basis of available maps.
The most appropriate alignment option for bypass should be
identified on the basis of site conditions and techno-economic
considerations.

4.2 Traffic Report: Traffic Report shall include

a) Classified traffic volume count (TVC) for 7 days for each
of the homogeneous section on each road (Not less than
52 locations). The Consultant shall submit Videograph
of Traffic count for all 7 days. Report shall be in
accordance with the IRC standards.
b) Origin-Destination (OD) and Commodity movement for
24 hrs. (Not less than 52 locations);
c) Speed-delay characteristics.
(a) Any other traffic surveys required
4.3 Draft Pre-Feasibility Report:
The contents of Pre-Feasibility are indicated, but not limited to, are
as follows:

1. Introduction
2. Existing Project Scenario (including need for rehabilitation,
upgradation, improvement and/or incremental investments-to
bring out the need of the project)
3. Project Proposal (covering broad project concept and components,
block cost estimates, revenue structures etc.)
4. Preliminary Project Assessment
4.1 Technical Feasibility
4.2 Environment and Social acceptability
4.3 Financial & Commercial viability
4.4 Legal framework
4.5 Risks (during development, construction and operation/
implementation)
4.6 Contractual & Implementation structures.
5. Project Development Activities
5.1 Project development cycle
5.2 Time lines
5.3 Surveys and investigations

29
 5.4 Technical / Environmental & Social / Financial /Legal
consultants, their scope of work
5.5 Transaction Advisors, their scope of work
5.6 Marketing
5.7 Procurement process
5.8 Others
6. Funding Requirements for Project Development
6.1 Budget for Project Development expenses
6.2 Drawdown (indicative quarterly budget and estimated
milestone linked payment for each activity)
7. Recommendations

4.4 Final Pre-Feasibility Report:The Client will review the Draft Pre
Feasibility submitted by the Consultant and will communicate
comments if any to the Consultants. The Consultant shall submit
the Final Pre-Feasibility Report duly complying with the comments.

5. PAYMENT SCHEDULE:
Table 1: Deliverable and Payment Schedule
Cumulative Payme
Numb
Delivera months from nt (%)
Deliverable Name er of
ble No. commencemen
Copies
t
1 month from 10%
D-1 Inception Report 5
Start Date
2 months from 20%
D-2 Traffic Report 5
Start Date
2.5 months 50%
Draft Pre-
D-3 from Start 5
Feasibility Report
Date
Final Pre- 3 months from 20%
D-4 10
Feasibility Report Start Date
The above deliverable schedule is subject to timely provision of
approvals, provisioning of relevant documentation requirements and
other valid considerations.

6. DURATION: The duration of consulting services will be for 3

months.

7. PROPOSED PERSONNEL INPUTS(Person-Months) AND

OFFICELOCATION

30
7.1 Total Key Man-months is estimated to be 7. The Consultants
are expected to set up an office in Vijayawada for the project
duration together with the respective field offices, as required.
Table 2: Key Staff and their Input (person-months)

Input
S.N
Position Nos (Man
o
Months)
Team Leader-cum-Senior Highway
1 1 3
Engineer
2 Transport Economist 1 1

Senior Quantity Surveyor 1 1

3
1
4 Financial Specialist 1
Sub total 7
The Consultant shall engage required sub staff in addition to the
above key personnel.

7.2 The following shall be the minimum qualifications and experience

of the key professionals whose CVs would be evaluated:
7.2.1 Team Leader-cum-Senior Transport Specialist
 Graduate in Civil Engineering and preferably Post
Graduate in Traffic/ Transportation/ Highway/ related
fields.
 Minimum 20 years of general experience in the road
sector out of which 5 years experience as Team Leader
in relevant filed.
 Maximum age limit 65 years

7.2.2 Transport Economist

 Post Graduate in Transport
Economics/Commerce/Management
/Planning/Engineering with specialization in transport.
 Minimum 15 years as Transport Economist.
 Maximum age limit 65 years

7.2.3 Senior Quantity Surveyor

 Graduate in civil engineering
 Minimum 15 years’ experience in the highway sector out
of which 5 years of experience in similar capacity.

31
  Maximum age limit 65 years

7.2.4 Financial Specialist

 Degree in Finance/Economics/ Business
Administration.
 Minimum 15 years of general experience
 Maximum age limit 65 years

7.3 Consultant shall propose non-key professionals as they deem fit

for the assignment.
7.4 Consultant shall propose support staff as per the requirement for
the assignment.

8. FACILITATION TO BE PROVIDED BY THE CLIENT

APRDC will assist to provide related data, maps and plans, drawings
and other information available with Government for all project cities.
Besides this, timely approvals and clearances required shall be
coordinated by APRDC.
All equipment, software and facilities purchased with prior approval of
APRDC by the consultancy firm using provisional sums will
remain property of the Employer and will be returned to the APRDC
at the conclusion of the contract.
The consultancy firm shall execute and maintain adequate insurance
of all equipment and reports etc. at their cost. Such costs are to be
included in their financial proposals. The consultants shall be
responsible for and shall indemnify the client and grant providers
including its employees in respect of loss or damage to equipment and
material furnished by the client or purchased by the consultancy firm
out of funds provided by the Employer.

9. REPORTING AND COORDINATION

The consultancy firm shall appoint one/two authorised representative
to report work-progress to APRDC’s appointed nodal officer and will
coordinate with relevant stakeholders throughout the study. Regular
progress meetings will be held to review the status of the study and
address any issues.

32
 ANNEXURE – I
LIST OF SELECTED STATE HIGHWAYS

S. New (R&B) Total Length

Name of the Road Code No
No District in Km

1 2 3 4 6

Nellore-Podalakur-Sydapuram Road
1 Nellore 53 54.400
from Km.0/0 to 54/4

Podalakur - Somasila Road from km

2 Nellore 355 47.800
0/0 to 47/8

Sangam-Viruvur-Kaluvoy (via)
3 Nellore Chejerla, Telugurayapuram Road 349 46.400
from Km 0/0 to 46/4

Atmakur - Somasila Road from Km

4 Nellore 341 40.200
0/0 to 40/2

Gudur -Thirumerla Road from Km

5 Nellore KM.0/0 to 44/0 & 15/0 to 23/7 in 379 52.700
Nellore District

Naidupet to Sriharikota road (via)

6 Tirupati Duggarajapatnam road KM.0/0 to 63 64.715
64.715

NaidupetRapur Road from KM.0/0 to

7 Tirupati 397 40.800
40/8

Tada - Kalahasti Road from km.

8 Tirupati 480 46.060
0.600 to 44.400

Tirupati Chittoor Puttur road from km.0.400

9 69 64.054
Chittoor to 64.710

33
 Tirupati - Kothapallimitta road via
Tirupati
10 Pachikapalem - Vedurukuppam from 68 51.600
Chittoor
km.1.600 to 51.600

Punganur - Pulicherla -
11 Chittoor Chinnagottigallu road from 0.000 to 65 67.950
67.950

Nimmanapalle - Vayalapad -
12 Annamayya Gurramkonda - Galiveedu road from 66 52.710
0.000 to 52.710

Mudiveedu - Thamballapalle -
13 Annamayya Peddamandyam Road from 2.200 to 401 46.850
46.850

MulakalacheruvuKandlamadugu
14 Annamayya 411 41.310
Road from 16.000 to 41.310

Rajampeta-Gudur-Duggirajapatnam
15 Annamayya 371 42.000
road

Kadapa Porumamilla Road from Km

16 YSR 56 81.400
1/6 to 83/0

Porumamilla - Kondrajupalli -
17 YSR Narsapuram - Kasinayanapalli Road 43 50.800
in YSR Distric

YSR Kadapa Pulivendula Road from Km

18 51 60.400
Kadapa 1.8 to 67/6

Mydukuru -Thaticherla Road from

19 54 48.160
YSR 41/3 to 89/373 Km

TOTAL 1000.000

34
35
 Appendix II

Formats for Technical Proposal

TECH FORM-I : Technical Proposal Form.

TECH FORM-II : Consultant’s Organization and Experience.

A - Consultant’s Organization
B – Consultant’s Experience

TECH FORM-III :Comments and Suggestions on the Terms of

Reference

TECH FORM-IV:Description of Approach, Methodology and Work

Plan for Performing the Assignment

TECH FORM-V : Team Composition and Tasks Assignments.

TECH FORM -VI : Format of Curriculum Vitae (CV) For Proposed

Key Staff.

TECH FORM -VII : Staff Schedule.

TECH FORM -VIII : Work Schedule.

36
 (TECH FORM-I)

TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date]

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the

consulting services for [Insert title of assignment] in accordance with your
Request for Proposal dated [Insert Date] and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal, and a
Financial Proposal sealed under a separate envelope.

We hereby declare that all the information and statements

made in this Proposal are true and accept that any misinterpretation
contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the

Proposal, i.e., before the date indicated in Paragraph Reference 11 of the
Data Sheet, 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.

We undertake, if our Proposal is accepted, to initiate the

consulting services related to the assignment not later than the time
indicated in Paragraph Reference 13 of the Data Sheet.

We understand you are not bound to accept any Proposal you

receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:
Name of Firm:
Address:

37
 (TECH FORM-II)

A - Consultant’s Organization

[Provide here a brief (two pages) description of the background and

organization of your firm/entity and each associate for this assignment.]

38
 B-Consultant’s Experience

Relevant Services Carried out in the Last Five Years

Which Best Illustrate Qualifications of the firm

The following information should be provided in the format

below for each reference assignment for which your firm, either
individually as a corporate entity or as one of the major
companies within a consortium, was legally contracted by the
client stated below:

Assignment Name: Country:

Location within Country : Professional Staff Provided

by your firm:

Name of Client : No. of Staff :

Address : No. of Staff Months :

Start Date Completion Date Approx. Value of

(Month / (Month / Year) Services : (in INR) :
Year)

Name of Association Firm(s) if No. of Months of Professional

any : Staff provided by Associated Firm(s)

Name of Senior Staff (Project Director / Coordinator, Team Leader)

involved and functions performed:

Narrative Description of Project :

Description of Actual Services Provided by your Staff :

Signature of Authorized Representative

(Certificate from Client regarding experience should be furnished)

(Eligible Projects:DPR preparation projects under PPPof NH/SH of
length……or more)

39
 (TECH FORM-III)

COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE

[Present and justify here any modifications or improvement to the Terms

of Reference you are proposing to improve performance in carrying out
the assignment (such as deleting some activity you consider unnecessary,
or adding another, or proposing a different phasing of the activities).
Such suggestions should be concise and to the point, and incorporated in
your Proposal.]

40
 (TECH FORM-IV)

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK

PLAN FOR PERFORMING THE ASSIGNMENT

(For small or very simple assignments the Client should omit the following
text in Italic)

[Technical approach, methodology and work plan are key components of

the Technical Proposal. You are suggested to present your Technical
Proposal (50 pages, inclusive of charts and diagrams) divided into the
following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should

explain your understanding of the objectives of the assignment, approach
to the services, methodology for carrying out the activities and obtaining
the expected output, and the degree of detail of such output. You should
highlight the problems being addressed and their importance, and explain
the technical approach you would adopt to address them. You should also
explain the methodologies you propose to adopt and highlight the
compatibility of those methodologies with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of
the assignment, their content and duration, phasing and interrelations,
milestones (including interim approvals by the Client), and delivery dates
of the reports. The proposed work plan should be consistent with the
technical approach and methodology, showing understanding of the TOR
and ability to translate them into a feasible working plan. A list of the final
documents, including reports, drawings, and tables to be delivered as final
output, should be included here. The work plan should be consistent with
the Work Schedule of Form 3H.
c) Organization and Staffing. In this chapter you should propose the
structure and composition of your team. You should list the main
disciplines of the assignment, the key expert responsible, and proposed
technical and support staff.]

41
 (TECH FORM-V)

TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Professional Staff
Area of Position
Name of Staff Firm Task Assigned
Expertise Assigned

2. Support Staff
Area of Position
Name of Staff Firm Task Assigned
Expertise Assigned

42
 (TECH FORM-VI)

Photo

Format of Curriculum Vitae (CV) For Proposed Key Staff

1. Proposed Position:
________________________________________________________
2. Name of Staff:
___________________________________________________________
3. Date of Birth : _______________________(Please furnish proof of age)
4. Nationality:
_______________________________________________________________
5. Educational Qualification:
(Summarize college/university and other specialized education
of staff member, giving names of schools, dates attended and
degrees obtained). (Please furnish proof of qualification)

6. Membership of Professional Societies:

_________________________________________
7. Publication:
(List of details of major technical reports/papers published in
recognized national and international journals)

8. Employment Record:

(Starting with present position, list in reversed order, every

employment held. List all positions held by staff member since
graduation, giving dates, names of employing organization, title of
positions held and location of assignments. For experience period
of specific assignment must be clearly mentioned, also give
client references, where appropriate).

9. Summary of the CV
(Furnish a summary of the above CV. The information in the
summary shall be precise and accurate. The information in the
summary will have bearing on the evaluation of the CV).

A) Education:
i) Field of Graduation and year

43
 ii) Field of post graduation and year
iii) Any other specific qualification

B) Experience
i) Total experience in highways: ____________ Yrs
ii) Responsibilities held :
i) _____________________ Yrs.
ii) ____________________ Yrs.
iii) ___________________ Yrs.

iii) Relevant Experience : __________ Yrs.

C) Permanent Employment with the Firm (Yes/No):

If yes, how many years :

If no, what is the employment :
Arrangement with the firm ?

Certification :
1 I am willing to work on the project and I will be available for
entire duration of the project assignment and I will not engage
myself in any other assignment during the currency of my
assignment on the project
2 I, the undersigned, certify that to the best of my knowledge and
belief, this biodata correctly describes myself my qualification and
my experience.
Signature of the Candidate ____________________
Place ____________________
Date ____________________

Signature of the Authorized Representative of the

firm____________________
Place ____________________
Date ____________________

Note: Each page of the CV shall be signed in blue ink by both the staff
member and the Authorized Representative of the firm. Photocopies
will not be considered for evaluation.

UNDERTAKING FROM THE PROFESSIONAL

I, …………………. (Name, Address and mobile no.) have not left any
assignment with the consultants engaged by MORTH/NHAI/ PWD for any
continuing works of MORTH/NHAI/ PWD without completing my
assignment. I will be available for the entire duration of the current
project (named…………..). If I leave this assignment in the middle of the
completion of the work, Client would be at liberty to debar me for an
appropriate period to be decided by MORTH. I have also no objection if my
services are extended by Client for this work in future.

(Signature of key personnel)

44
 UNDERTAKING FROM CONSULTING FIRM
The undersigned on behalf of ………………. (name of consulting firm)
certify that Shri………………………(name of the proposed personnel and
address) to the best of our knowledge has not left his assignment with any
other consulting firm engaged by MORTH /NHAI for the ongoing projects.
We understand that if the information about leaving the past assignment
with MORTH /NHAI/ PWD without completing his assignment is known to
Client, the latter would be at liberty to remove the personnel from the
present assignment and debar him for an appropriate period to be decided
by Client.

(Signature of Authorized Representative of Firm)

45
 (TECH FORM-VII)
1
STAFF SCHEDULE
2 Total staff-month
Staff input (in the form of a bar chart) input
N° Name of Staff
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total
Foreign
[Hom
1 e]
[Field]

n
Subtotal
Local
[Hom
1 e]
[Field]

n
Subtotal
Total

1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen,
clerical staff, etc.).
2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
3 Field work means work carried out at a place other than the Consultant's home office.
Full time input

46
 Part time input

(TECH FORM-VIII)
WORK SCHEDULE
Months2
N° Activity 1

1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other
benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for
each phase.
2 Duration of activities shall be indicated in the form of a bar chart.

47
 Appendix III

Formats for Financial Proposal

Formats for Financial Proposal

FIN FORM-I : Financial Proposals Submission For

FIN FORM-II : Summary Of Costs In Indian

Currency.

FIN FORM -III : Estimate Of Local Currency Costs

48
 (FIN FORM-I)

FINANCIAL PROPOSALS SUBMISSION FOR

[Location, Date]
To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting

services for [Inserttitle of assignment] in accordance with your Request for
Proposal dated [Insert Date] and our Technical Proposal. Our attached
Financial Proposal is for the sum of [Insert amount(s) in words and
figures1]. The amount of the local taxes, as identified/estimated is shown
in the summary separately.

Our Financial Proposal shall be binding upon us subject to the

modifications resulting from Contract negotiations, up to expiration of the
validity period of the Proposal, i.e., before the date indicated in Paragraph
Reference 11 of the Data Sheet.

We hereby certify that we have taken steps to ensure that no

person acting for us or on our behalf will engage in bribery.

We undertake that, in competing for (and, if the award is

made to us, in executing) the above contract, we will strictly observe the
laws against fraud and corruption in force in India namely “Prevention of
Corruption Act, 1988”.

We understand you are not bound to accept any Proposal you

receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:
Name of Firm:
Address:

49
1 Amounts must coincide with the ones indicated under Total Cost of Net GST in FIN
FORM-II.

50
 (FIN FORM-II)

SUMMARY OF COSTS IN INDIAN CURRENCY( INR )

No. Description Amount

(INR.)

Local Consultants

I Remuneration for Local Staff (inclusive of

per diem allowance)
II Sub-professionals & Supporting Staff
(inclusive of per diem allowance)
III Transportation
IV Duty Travel to Site including mobilization
and demobilization
V Accommodation including office furniture/
equipments (on rents basis)
VI Office Supplies, Utilities and Communication
and other consumables including reports
and Document Printing
VII Surveys & Investigations

TOTAL COSTS OF NET GST**

SERVICE TAX/GST
TOTAL COSTS (INCLUDINGGST)

** Total Cost Net of Service Tax shall be considered for financial evaluation

Note: No escalation will be payable during the services

Insurances shall not be allowed separately .These will be incidental to
main items.

51
 (Form-III)

Estimate of Local Currency Costs

I.Remuneration for Local Staff (including per diem
allowance)

S.No Position Name Rate Staff- Amt.

. months
Professional Staff
Team Leader-
cum-Senior
1
Highway
Engineer
Transport
2
Economist
Senior Quantity
3
Surveyor
Financial
4
Specialist
Sub-Total:
Sub-professional (To be assessed by Consultant as per requirement of
& supporting staff assignment)
1
2
3
4
Sub-Total:

TOTAL

II. Transportation (Fixed costs)

S.N Description Qty. (No. Nos. of Rate/ Amoun

o of months Month t
vehicles)
1 The vehicles provided by the
Consultants shall include the
cost for rental, drivers,
operation, maintenance,
repairs, insurance, etc.

Total

III. Duty Travel to Site (Fixed Costs)

52
 Nos. Rate Amount
Person-trips

IV.Accommodation costs including office furniture/ equipments on

rental basis)

No. of months Rate Amount

Total
……………… …… ………..

V.Office Supplies, Utilities and Communication and other

consumables including reports/ document printing etc.

LS- In Rs………………………………….

VI. Survey and Investigations

A. Topographical Survey (Fixed Rate)

Item Kms Rate per Km Amount
(Rs.) (Rs.)
Topographic Survey including
hire charges for equipment
(GPS, Total Station, Auto
Level etc., ) and supply of
survey Teams comprising of
project survey filed staff etc.
inclusive of cost of
materials , labour and
construction of Bench mark,
(satellite imaginary, aerial
photogrammetry if
considered necessary),
preparation of drawings etc.
complete for identified roads.

B. Investigations (Fixed cost)

Other studies/ investigations : LS- In Rs.

A + B = Rs………………..

53
 CONTRACT AGREEMENT

Between
Chief Engineer (R&B) SH &
Managing Director, APRDC,
Vijayawada
Govt. of Andhra Pradesh

And

…………

For
………………………..

54
 CONTENTS

Sl. No. Description

Page No.

II. CONTRACT FOR CONSULTANT’S SERVICES

III. GENERAL CONDITIONS OF CONTRACT

1. General Provisions
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in Charge
1.9 Authorized Representatives
1.10 Taxes and Duties

2. Commencement, Completion, Modification

and Termination of Contract
2.1 Effectiveness of Contract
2.2 Termination of Contract for Failure to Become Effective

2.3 Commencement of Services

2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition
2.7.2 No Breach of Contract
2.7.3 Measures to be Taken

2.7.4 Extension of Time

2.7.5 Payments
2.7.6 Consultation

2.8 Suspension
2.9 Termination
2.9.1 By the Client

55
 2.9.2 By the Consultants

2.9.3 Cessation of Rights and Obligations

2.9.4 Cessation of Services

2.9.5 Payment upon Termination

2.9.6 Disputes about Events of Termination

3. Obligations of the Consultants

3.1 General
3.1.1 Standard of Performance
3.1.2 Law Governing Services

3.2 Conflict of Interests

3.2.1 Consultants not to Benefit from Commissions,
discounts etc.
3.2.2 Consultants and Affiliates not to be
otherwiseinterestedinProject
3.2.3 Prohibition of Conflicting Activities
3.3 Confidentiality
3.4 Liability of the Consultants
3.5 Insurance to be taken out by the Consultants

3.6 Accounting, Inspection and Auditing

3.7 Consultants’ Actions requiring Client’s prior

Approval
3.8 Reporting Obligations
3.9 Documents prepared by the Consultants to be the
Propertyof the Client
3.10 Equipment and Materials furnished by the Client

4. Consultants’ Personnel
4.1 General
4.2 Description of Personnel

4.3 Approval of Personnel

56
 4.4 Working Hours, Overtime, Leave etc.

4.5 Removal and/or Replacement of Personnel

4.6 Resident Project Manager

5. Obligations of the Client

5.1 Assistance and Exemptions

5.2 Access to Land
5.3 Change in the Applicable Law

5.4 Services, Facilities and Property of the Client

5.5 Payment

6. Payment to the Consultants

6.1 Cost Estimates; Ceiling Amount

6.2 Currency of Payment

6.3 Mode of Billing and Payment

7. Responsibility for accuracy of the project

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

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Contract

9. Settlement of Disputes

9.1 Amicable Settlement

9.2 Dispute Settlement

57
IV. SPECIAL CONDITIONS OF CONTRACT

V. APPENDICES

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

Description of the Services and
Reporting Requirements

Appendix B: Consultants’ Sub consultants, Key Personnel and

Sub Professional Personnel, Task assignment, work
programme, manning schedule, qualification
requirements of key personnel, schedule for
submission of various report.

Appendix C: Hours of work for Consultants’ Personnel

Appendix D: Duties of the Client

Appendix E: Cost Estimate

Appendix F: Minutes of Financial/ Contract Negotiations with

the Consultant

Appendix G: Copy of letter of invitation

Appendix H: Copy of letter of acceptance

Appendix I: Format for Bank Guarantee for Performance

Security

Appendix J: Reply to queries to the Applicants

Appendix K: BID SECURITY (BANK GUARANTEE)

58
 I. CONTRACT FOR CONSULTANTS’ SERVICES

Consultancy Services for conducting ………

Agreement No.……………………

This CONTRACT (hereinafter called the “Contract”) is made on the

…. day of the month of ……….., between, the Chief Engineer(R&B), SH &
Managing Director, AP Road Development Corporation, Vijayawada, for
and on behalf of Governor of Andhra Pradesh (hereinafter called the
“Client”) on the one hand and, …………………………………….on the other
hand,(hereinafter called the “Consultants” which expression shall include
their respective successors and permitted assigns).

WHEREAS

(A) the Client has requested the Consultants to provide certain

consulting services as defined in the General Conditions attached to this
Contract (hereinafter called the “Services”);

(B) the Consultants, having represented to the Client that they have the
required professional skills, personnel and technical resources, have
agreed to provide the Services on the terms and conditions set forth in
this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an

integral part of this Contract:

(b) The General Conditions of Contract (hereinafter called “GC”);

(c) The Special Conditions of contract (hereinafter called “SC”);

(d) The following Appendices:

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

Description of the Services and Reporting
Requirements
Appendix B: Consultants’ Sub consultants, Key Personnel
and Sub Professional Personnel, Task assignment,
work programme, manning schedule, qualification
requirements of key personnel, schedule for
submission of various report.
Appendix C: Hours of work for Consultants’ Personnel

59
 Appendix D: Duties of the Client

Appendix E: Cost Estimate

Appendix F: Minutes of Financial/ Contract Negotiations

with the Consultant

Appendix G: Copy of letter of invitation

Appendix H: Copy of letter of acceptance

Appendix I: Copy of Bank Guarantee for Performance

Security

Appendix-J: Reply to Queries of the Applicants

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

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

(b) Client shall make payments to the Consultants in accordance

with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be

signed in their respective names as of the day and year first above
written.

FOR AND ON BEHALF OF [NAME OF THE CLIENT]

By

(Authorized Representative)

FOR AND ON BEHALF OF [NAME OF THE

CONSULTANTS]
By

(Authorized
Representative)

[Note: If the Consultants consist of more than one entity, all of these entities
should appear as signatures, e.g. in the following manner]

FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANTS

[Name of the Member]

60
 By
(Authorized Representative)

[Name of the Member]

By
(Authorized Representative)
etc.

61
 II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever

used in this Contract have the following meanings:

(a) “Applicable Law means the laws and any other instruments
having the force of law in the Government’s country as they may
be issued and in force from time to time;

(b)“Contract” means the Contract signed by the Parties, to which

these General Conditions of Contract are attached, together with
all the documents listed in Clause 1 of such signed Contract;

(c) “Effective Date” means the date on which this Contract comes
into force and effect pursuant to Clause GC 2.1;

(d)“foreign currency” means any currency other than the currency

of the Government;

(e) “GC” means these General Conditions of Contract;

(f) “Government” means the Government of Andhra Pradesh;

(g)“local currency” means the currency of the Government;

(h)“Member”, in case the Consultants consist of a joint venture of

more than one entity, means any of these entities, and
“Members” means all of these entities;

(i) “Personnel” means persons hired by the Consultants or by any

Sub-consultant as employees and assigned to
the performance of the Services or any part thereof; “foreign
Personnel” means such persons who at the time of being so hired
had their domicile outside India; and “local Personnel” means
such persons who at the time of being so hired had their domicile
inside India;

(j) “Party” means the Client or the Consultants, as the case may be,
and Parties means both of them;

(k) “Services” means the work to be performed by the Consultants

pursuant to this Contract for the purposes of the Project, as
described in Appendix A hereto;

(l) “SC” means the Special Conditions of Contract by which these

General Conditions of Contract may be amended or
supplemented;

62
 (m) “Sub-consultant” means any entity to which the Consultants
subcontract any part of the Services in accordance with the
provisions of Clause GC 3.7; and

(n)“Third Party” means any person or entity other than the

Government, the Client, the Consultants or a Sub-consultant.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a

relation of master and servant or of agent and principal as between
the Client and the Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel performing the
Services and shall be fully responsible for the Services performed by
them or on their behalf hereunder.

1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation

between the Parties shall be governed by the Applicable Law.

1.4 Language

This Contract has been executed in the language specified in the

SC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.

1.5 Heading

The headings shall not limit, alter or affect the meaning of this
Contract.

1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be

given or made pursuant to this Contract shall be in writing. Any
such notice, request or consent shall be deemed to have been
given or made when delivered in person to an authorized
representative of the Party to whom the communication is
addressed, or when sent by registered mail, telex, telegram or
facsimile to such Party at the address specified in the SC.

1.6.2 Notice will be deemed to be effective as specified in the SC.

1.6.3 A party may change its address for notice hereunder by giving
the other Party notice of such change pursuant to the
provisions listed in the SC with respect to Clause GC 1.6.2.

1.7 Location

63
 The Services shall be performed at such locations as are specified in
Letter of Acceptance to and, where the location of a particular
task is not so specified, at such locations, whether in India or
elsewhere, as the Client may approve.

1.8 Authority of Member in Charge- Deleted

1.9 Authorized Representatives

Any action required or permitted to be taken, and any document

required or permitted to be executed, under this Contract by the
Client or the Consultants may be taken or executed by the officials/
representatives of parties so authorized as specified in the SC.

1.10 Taxes and Duties

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

2. COMMENCEMENT, COMPLETION, MODIFICATION AND

TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date of issuing
Client’s notice to the Consultants instructing the Consultants to
begin carrying out the Services may be called effective date
hereinafter. This notice shall confirm that the effectiveness
conditions, if any, listed in the SC have been met.

2.2 Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period
after the date of the Contract signed by the Parties as shall be
specified in the SC, either Party may, by not less than four (4)
weeks’ written notice after expiry of above specified period to the
other Party, declare this Contract to be null and void, and in the
event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.

2.3 Commencement of Services

The Consultants shall begin carrying out the Services within such
time period after the Effective Date as shall be specified in the SC.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause GC 2.9 hereof, this
Contract shall expire when services have been completed and all
payments have been made at the end of such time period after the
Effective Date as shall be specified in the SC.

2.5 Entire Agreement

64
 This Contract contains all covenants, stipulations and provisions
agreed by the Parties. No agent or representative of either Party has
authority to make, and the Parties shall not be bound by or be liable
for, any statement, representation, promise or agreement not set
forth herein.

2.6 Modification
Modification of the terms and conditions of this Contract, including
any modification of the scope of the Services, may only be made by
written agreement between the Parties. Pursuant to Clause GC 8.2
hereof, however, each party shall give due consideration to any
proposals for modification made by the other Party.

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Contract, “Force Majeure” means an

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

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

(c) Force Majuere shall not include insufficiency of funds or failure to

make any payment required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall

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

2.7.3 Measures to be Taken

65
 (a) A party affected by an event of Force Majeure shall take all
reasonable measures to remove such Party’s inability to fulfill its
obligations hereunder with a minimum of delay.

(b) A party affected by an event of Force Majuere shall notify the

other Party of such event as soon as possible, and in any event not
later than seven (7) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and shall
similarly give notice of the restoration of normal conditions as soon
as possible.

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

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract,

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

2.7.5 Payments

During the period of their inability to perform the Services as a

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

2.7.6 Consultation

Not later than fifteen (15) days after the Consultants, as the result
of an event of Force Majeure, have become unable to perform a
material portion of the Services, the Parties shall consult with each
other with a view to agreeing on appropriate measures to be taken
in the circumstances.

2.8 Suspension

The Client may, by written notice of suspension to the Consultants,

suspend all payments to the Consultants hereunder if the
Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultants to remedy such failure within a
period not exceeding fifteen (15) days after receipt by the
Consultants of such notice of suspension.

2.9 Termination

66
2.9.1 By the Client

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

(a) if the Consultants fail to remedy a failure in the performance

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

(b) if the Consultants become (or, if the Consultants consist of

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

(c) if the Consultants fail to comply with any final decision

reached as a result of arbitration proceedings pursuant to
Clause 8 hereof;

(d) if the Consultants submit to the Client a statement which has

a material effect on the rights, obligations or interests of the
Client and which the Consultants know to be false;

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

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

2.9.2 By the Consultants

The Consultants may, by not less than fifteen (15) day’s written
notice to the Client, such notice to be given after the occurrence of
any of the events specified in paragraphs (a) through (d) of this
Clause 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants
pursuant to this Contract and not subject to dispute pursuant
to Clause 9 hereof within thirty (30) days after receiving
written notice from the Consultants that such payment is
overdue;

(b) if the Client is in material breach of its obligations pursuant to

this Contract and has not remedied the same within thirty (30)

67
 days (or such longer period as the Consultants may have
subsequently approved in writing) following the receipt by the
Client of the Consultants’ notice specifying such breach;

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

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

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses 2.2 or 2.9

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

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the

other pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Consultants
shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to
documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as
provided, respectively, by Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2

hereof, the Client shall make the following payments to the
Consultants (after offsetting against these payments any amount
that may be due from the Consultant to the Client):

(i) remuneration pursuant to Clause 6 hereof for Services

satisfactorily performed prior to the effective date of termination.

(ii)reimbursable expenditures pursuant to Clause 6 hereof for

expenditures actually incurred prior to the effective date of
termination; and
(iii)except in the case of termination pursuant to paragraphs (a)
through (d) of Clause 2.9.1 hereof, reimbursement of any
reasonable cost incident to the prompt and orderly termination of

68
 the Contract including the cost of the return travel of the
Consultants’ personnel and their eligible dependents.

2.9.6 Disputes about Events of Termination

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

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

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General
3.1.1 Standard of Performance

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

3.1.2 Law Governing Services

The Consultants shall perform the Services in accordance with the

Applicable Law and shall take all practicable steps to ensure that
any Sub-consultants, as well as the Personnel and agents of the
Consultants and any Sub-consultants, comply with the Applicable
Law. The Client shall advise the Consultants in writing of relevant
local customs and the Consultants shall, after such notifications,
respect such customs.

3.2 Conflict of Interests

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

The remuneration of the Consultants pursuant to Clause 6 hereof

shall constitute the Consultants' sole remuneration in connection
with this Contract or the Services and the Consultants shall not
accept for their own benefit any trade commission, discount or
similar payment in connection with activities pursuant to this

69
 Contract or to the Services or in the Discharge of their obligations
hereunder, and the Consultants shall use their best efforts to ensure
that any Sub-consultants, as well as the Personnel and agents of
either of them, similarly shall not receive any such additional
remuneration.

3.2.2 Consultants and Affiliates not to be otherwise

interested in Project

The Consultants agree that, during the term of this Contract and
after its termination, the Consultants and any entity affiliated with
the Consultants, as well as any Sub-consultant and any entity
affiliated with such Sub-consultant, shall be disqualified from
providing goods, works or services (other than the Services and any
continuation thereof) for any project resulting from or closely
related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultants nor their Sub-consultants nor the Personnel

of either of them shall engage, either directly or indirectly, in any of
the following activities:

(a) during the term of this Contract, any business or professional

activities in the Government's country which would conflict
with the activities assigned to them under this Contract; or

(b) after the termination of this Contract, such other activities as

may be specified in the SC.

3.3 Confidentiality

The Consultants, their Sub-consultants and the Personnel of either

of them shall not, either during the term or within two (2) years
after the expiration of this Contract, disclose any proprietary or
confidential information in relation to the Project, the Services, this
Contract or the Client's business or operations without the prior
written consent of the Client.

3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the

Consultants' liability under this Contract shall be as provided by the
Applicable Law.

3.5 Insurance to be taken out by the Consultants

The Consultants (i) shall take out and maintain, and shall cause any
Sub-consultants to take out and maintain, at their (or the Sub-
consultants', as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and

70
 for the coverage, as shall be specified in the Special Conditions (SC),
and (ii) at the Client's request, shall provide evidence to the Client
showing that such insurance has been taken out and maintained and
that the current premiums therefor have been paid.

3.6 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and
records in respect of the Services hereunder, in accordance with
internationally accepted accounting principles and in such form and
detail as will clearly identify all relevant time charges and cost, and
the bases thereof (including the bases of the Consultants' costs and
charges), and (ii) shall permit the Client or its designated
representative periodically, and up to one year from the expiration
or termination of this Contact, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by
the Client.

3.7 Consultants' Actions requiring Client's prior Approval

The Consultants shall obtain the Client's prior approval in writing

before taking any of the following actions:

(a) appointing such members of the Personnel as are listed in Appendix B;

(b) entering into a subcontract for the performance of any part of

the Services, it being understood (i)that the selection of the
Sub-consultant and the terms and conditions of the
subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the
Consultants shall remain fully liable for the performance of the
Services by the Sub-consultant and its Personnel pursuant to
this Contract;

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

3.8 Reporting Obligations

The Consultants shall submit to the Client the reports and

documents specified in Appendix A hereto, in the form, in the
numbers and within the time periods set forth in the said Appendix.

3.9 Documents prepared by the Consultants to be the Property

of the Client

All plans, drawings, specifications, designs, reports and other

documents prepared by the Consultants in soft and hard copies in
performing the Services shall become and remain the property of
the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver all such
documents to the Client, together with a detailed inventory thereof.

71
 The Consultants may retain a copy of such documents. Restrictions
about the future use of these documents shall be as specified in the
SC.

3.10 Equipment and Materials furnished by the Client

Equipment and materials made available to the Consultants by the

Client, or purchased by the Consultants with funds provided by the
Client, shall be the property of the Client and shall be marked
accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such
equipment and materials and shall dispose of such equipment and
materials in accordance with the Client's instructions. While in
possession of such equipment and materials, the Consultants,
unless otherwise instructed by the Client in writing, shall insure
them in an amount equal to their full replacement value.

4. CONSULTANTS' PERSONNEL

4.1 General

The Consultants shall employ and provide such qualified and

experienced Personnel as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and

estimated periods of engagement in the carrying out of the
Services of each of the Consultants' Key Professional and/ or
Sub Professional Personnel are described in Appendix B.

(b) If required to comply with the provisions of Clause 3.1.1 of this

Contract, adjustments with respect to the estimated periods of
engagement of Key Professional / Sub Professional Personnel
set forth in Appendix B may be made by the Consultants by
written notice to the Client, provided (i) that such adjustments
shall not alter the originally estimated period of engagement of
any individual by more than 10% or one week, whichever is
larger, and (ii) that the aggregate of such adjustments shall not
cause payments under this Contract to exceed the ceilings set
forth in Clause 6.1 (b) of this Contract. Any other such
adjustments shall only be made with the Client's written
approval.

(c) If additional work is required beyond the scope of the Services

specified in Appendix A, the estimated periods of engagement
of Key Personnel set forth in Appendix B may be increased by
agreement in writing between the Client and the Consultants,
provided that any such increase shall not, except as otherwise

72
 agreed, cause payments under this Contract to exceed the
ceilings set forth in Clause 6.1 (b) of this Contract.

4.3 Approval of Personnel

The Key Personnel listed by title as well as by name in Appendix B are

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

4.4 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Key Professional / Sub

Professional Personnel are set forth in Appendix C hereto. To
account for travel time, foreign Personnel carrying out Services
inside the Government's country shall be deemed to have
commenced (or finished) work in respect of the Services such
number of days before their arrival in (or after their departure
from) the Government's country as is specified in Appendix C
hereto.

(b) The Key Professional / Sub Professional Personnel shall not be

entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix C hereto, and
except as specified in such Appendix, the Consultants'
remuneration shall be deemed to cover these items. All leave
to be allowed to the Personnel is included in the staff-months
of service set for in Appendix B. Any taking of leave by
Personnel shall be subject to the prior approval of the Client by
the Consultants, who shall ensure that absence for leave
purposes will not delay the progress, quality of output of
service and adequate supervision of the Services.

4.5 Removal and/or Replacement of Personnel

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

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

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

73
 replacement with qualifications and experience acceptable to
him.

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

(d) If the team leader or any other key personnel/ specialist

considered pivotal to the project is replaced, the substitute
may be interviewed by Client to assess their merit and
suitability.

(e) If any member of the approved team of a consultant engaged

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

(f) Deleted

4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times
during the Consultants’ performance of the Services in the
Government’s country a resident project manager, acceptable to the
Client, shall take charge of the performance of such Services.

5. OBLIGATION OF THE CLIENT

5.1 Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best
efforts to ensure that the Government shall:

(a) provide the Consultants and Personnel with work permits and
such other documents as shall be necessary to enable the
Consultants or Personnel to perform the Services;

(b)assist for the Personnel and, if appropriate, their eligible

dependents to be provided promptly with all supporting papers
for necessary entry and exit visas, residence permits, exchange
permits and any other documents required for their stay in India;

74
 (c) facilitate prompt clearance through customs of any property
required for the Services;

(d)issue to officials, agents and representatives of the Government

all such instructions as may be necessary or appropriate for the
prompt and effective implementation of the Services;

5.2 Access to Land

The Client warrants that the Consultants shall have, free of charge,
unimpeded access to all land in the Government’s country in
respect of which access is required for the performance of the
Services. The Client will be responsible for any damage to such land
or any property thereon resulting from such access and will
indemnify the Consultants and each of the Personnel in respect of
liability for any such damage, unless such damage is caused by the
default or negligence of the Consultants or any Sub-consultants or
the Personnel of either of them.

5.3 Changes in the Applicable Law

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

5.4 Services, Facilities and Property of the Client

The client shall make available to the Consultants and the

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

5.5 Payment

In consideration of the Services performed by the Consultants under

this Contract, the Client shall make to the Consultants such

75
 payments and in such manner as is provided by Clause 6 of this
Contract.

6. PAYMENT TO THE CONSULTANTS

6.1 Cost Estimates

(a) An abstract of the cost of the Services payable in local currency

(Indian Rupees) is set forth in Appendix E.

(b)Except as may be otherwise agreed under Clause 2.6 and subject

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

(c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses 5.4

hereof, the Parties shall agree that additional payments shall be
made to the Consultants in order to cover any necessary
additional expenditures not envisaged in the cost estimates
referred to in Clause 6.1(a) above, the ceiling set forth in Clause
6.1(b) above shall be increased by the amount or amounts, as
the case may be, of any such additional payments.

6.2 Currency of Payment

(a) The payment shall be made in Indian Rupees.

6.3 Mode of Billing and Payment

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

(a) The Client shall cause to be paid to the Consultants an advance

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

(b) Payment Schedule

The Consultant will be paid stage-wise as shown below.

Cumulative Payme
Numb
Delivera months from nt (%)
Deliverable Name er of
ble No. commencemen
Copies
t
1 month from 10%
D-1 Inception Report 5
Start Date
D-2 Traffic Report 2 months from 5 20%
76
 Cumulative Payme
Numb
Delivera months from nt (%)
Deliverable Name er of
ble No. commencemen
Copies
t
Start Date
Draft Pre-Feasibility 2.5 months from 50%
D-3 5
Report Start Date
Final Pre-Feasibility 3 months from 20%
D-4 10
Report Start Date

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

(d) The Client shall cause the payment to the Consultants in Para
6.3 (b) above as given in schedule of payment within twenty (20)
days after the receipt by the Client of bills. Interests at the rate
specified in the SC shall become payable as from the above due
date on any amount due by, but not paid on, such due date
except in case of arbitration and subject to other relevant
clauses of the agreement.

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

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

(g) The Contract Amount specified in clause 6.1(b) shall correspond

to the Consultancy services to be delivered for 1000 Kms. In

77
 case of any reduction in the length of the road the contract
amount shall be reduced proportionately and payments will be
made accordingly as per clause 6.3 (b)

7. Responsibility for Accuracy of Project Documents

7.1 General
7.1.1 The Consultant shall be responsible for accuracy of the data
collected, by him directly or procured from other
agencies/authorities, the designs, drawings, estimates and all
other details prepared by him as part of these services. The
Consultant will also be responsible for correcting, at his own
cost and risk, the drawings including any re-survey /
investigations and correcting layout etc. if required during the
execution of the Services.

7.1.2 The Consultant shall indemnify the Client against any

inaccuracy / deficiency in the designs/ documents and drawings
noticed and the Client shall bear no responsibility for the
accuracy of the designs/ documents and drawings submitted by
the Consultants.

7.1.3 The survey control points established by the Consultant shall be

protected by the Consultants till the completion of the
Consultancy Services.

7.2 Retention Money

An amount equivalent to 5% of the contract value shall be retained

at the end of the contract for accuracy of design and quantities
submitted and the same will be released after thirty (30) days of
payment of final bill.

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

7.4 ACTION FOR DEFICIENCY IN SERVICES

7.4.1 Consultants liability towards the Client

78
 Consultant shall be liable to indemnify the client for any direct loss
or damage accrued or likely to accrue due to deficiency in service
rendered by him.

7.4.2 Warning / Debarring

In addition to the penalty as mentioned in para 7.3, warning may be
issued to the erring consultants for minor deficiencies. In the case of
major deficiencies in the scrutiny involving time and cost overrun
and adverse effect on reputation of Roads and Buildings
Department, Govt of A.P other penal action including reduction in
payment and/ordebarring for certain period may also be initiated
as per policy of Govt. of A.P.

8. FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each
other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.

8.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide
for every contingency which may arise during the life of the
Contract, and the Parties hereby agree that it is their intention that
this Contract shall operate fairly as between them, and without
detriment to the interest of either of them, and that, if during the
term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or causes of
such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause 9 hereof.

9. SETTLEMENT OF DISPUTES

9.1 Amicable Settlement

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

9.2 Dispute Settlement

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

79
 III. SPECIAL CONDITIONS OF CONTRACT

Number of
GC Clause

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

Conditions

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

read “in INDIA”

1.4 The language is: English

1.6.1 The addresses are:

For the Client : Chief Engineer (R&B) SH,

Managing Director, APRDC,
State HoDs Building, M.G Road,
Labbipet, Vijayawada-520 010,
Andhra Pradesh.

For the Consultants:

………….……..

Attention:

1.6.2 Notice will be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed
transmission.
(c) In the case of telegrams, 24 hours following confirmed
transmission; and
(d) In the case of facsimiles, 24 hours following confirmed
transmission.

- Not Applicable-
1.9 The Authorized Representatives are:

For the Client :

……………………..,
……………………..,
……………………..

For the Consultant: ………………………..

…………………………
…………………………

80
1.10 The Consultants and their personnel shall pay all taxes(including
service tax), custom duties, fees, levies and other impositions levied
under the laws prevailing seven days before the last date of
submission of the bids. The effects of any increase / decrease of
any type of taxes levied by the Government shall be borne by the
Client / Consultant, as appropriate. The Consultant will remit
service tax monthly or as applicable under the law and seek
reimbursement from Client.

2.1 The effectiveness conditions are the following:

a) The contract has been approved by competent Authority

b) The consultant will furnish within 15 days of the issue of Letter of

Acceptance, an unconditional Bank Guarantee from the
Scheduled Banks / Nationalized Banks for an amount
equivalent to 5 % of the total contract value to be received
by him towards performance Security valid for a period of 2
years beyond the date of completion of services. The Bank
Guarantee will be released upon2 years after completion of services
provided, rectification of errors, if any, found in the reports/
recommendations of Road Safety audit and satisfactory report by
Client in this regard is issued.

2.2 The time period shall be “2 months” or such other time period as
the parties may agree in writing.

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

2.4 The time period shall be 2 months or such other time period as the
parties may agree in writing.

3.4 Limitations of the Consultant’s Liability towards the Client

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

part of the Consultants or on the part of any person or
firm acting on behalf of the Consultants in carrying out
the Services, the Consultants, with respect to the
damage caused by the Consultants to the Client’s
property, shall not be liable to the Client

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

(ii). for any direct loss or damage that exceeds; (A) the total
payments for Professional Fees and Reimbursable
Expenditures made or expected to be made to the
Consultants hereunder, or (B) the proceeds the
Consultants may be entitled to receive from any

81
 insurance maintained by the Consultants to cover such
a liability, whichever of (A) or (B) is higher.

b) The Limitation of liability shall not affect the Consultants’

liability, if any, for damage to Third Parties caused by the
Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.

3.5 The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance as required under
Motor Vehicles Act, 1988 in respect of motor vehicles
operated in India by the Consultants or their Personnel or any
Sub consultants or their Personnel for the period of
consultancy.
(b) Third Party liability insurance with a minimum coverage, for
Rs.200,000/-for the period of consultancy.

(c) (i) The Consultant shall provide to Chief Engineer (R&B) SH &
MD, APRDC, Vijayawada Professional Liability Insurance (PLI)
for a period of one years beyond completion of Consultancy
services or as per Applicable Law, whichever is higher.

(ii) The Consultant will maintain at its expense PLI including

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

iii) The policy should be issued only from an Insurance

Company operating in India.

iv) The policy must clearly indicate the limit of indemnity in

terms of “Any One Accident” (AOA) and “Aggregate limit on
the policy” (AOP) and in no case should be for an amount less
than stated in the contract.

v) The Consultant does not cancel the policy midterm without

the consent of ………….. The insurance company may provide
an undertaking in this regard.

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

respect of the Personnel of the Consultants and of any Sub
consultant, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel, any
such life, health, accident, travel or other insurance as may be
appropriate; and all insurances and policies should start from

82
 the date of commencement of services and remain effective
as per relevant requirements of contract agreement.

3.9 The Consultants shall not use these documents for purposes
unrelated to this Contract without the prior written approval of the
Client.

4.6 The person designated as Team Leader cum Road Safety

Auditor in Appendix B shall serve in that capacity, as
specified in Clause 4.6.

6.1 (b) The ceiling amount in local currency is Rs……… Excluding

G.S.T

6.3 (a) No advance payment will be made.

6.3 (d) The interest rate is :Nil

6.3 (f) The account is : …………………

9.2 Disputes shall be settled by arbitration in accordance with the following

provisions:

9.2.1 Selection of Arbitrators

Each dispute submitted by a Party to arbitration shall be heard by a

sole arbitrator or an arbitration panel composed of three arbitrators,
in accordance with the following provisions:

(a) Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator within thirty
(30) days after receipt by the other Party of the proposal of a
name for such an appointment by the Party who initiated the
proceedings, either Party may apply to the President, Indian
Roads Congress, New Delhi, for a list of not fewer than five
nominees and, on receipt of such list, the Parties shall
alternately strike names therefrom, and the last remaining
nominee on the list shall be the sole arbitrator for the matter
in dispute. If the last remaining nominee has not been
determined in this manner within sixty (60) days of the date of
the list, the president, Indian Roads Congress, New Delhi, shall
appoint, upon the request of either Party and from such list or
otherwise, a sole arbitrator for the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Client and the Consultants shall each
appoint one arbitrator, and these two arbitrators shall jointly
appoint a third arbitrator, who shall chair the arbitration panel.
If the arbitrators named by the Parties do not succeed in
appointing a third arbitrator within thirty (30) days after the

83
 later of the two arbitrators named by the Parties has been
appointed, the third arbitrator shall, at the request of either
Party, be appointed by Secretary, the Indian Council of
Arbitration, New Delhi.

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

9.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with

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

9.2.3 Substitute Arbitrators

If for any reason an arbitrator is unable to perform his

function, a substitute shall be appointed in the same manner
as the original arbitrator.

9.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant

to paragraphs (a) through (c) of Clause 9.2.1 hereof shall be
an internationally recognized legal or technical expert with
extensive experience in relation to the matter in dispute.

9.2.5 Miscellaneous

In any arbitration proceeding hereunder:

(a) Proceedings shall, unless otherwise agreed by the

Parties, be held in Vijayawada.

(b) the English language shall be the official language for all
purposes; and [Note: English language may be changed
to any other Language, with the agreement of both the
Parties.]

(c) the decision of the sole arbitrator or of a majority of the

arbitrators (or of the third arbitrator if there is no such

84
 majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and
the Parties hereby waive any objections to or claims of
immunity in respect of such enforcement.

(d) The amount payable per Arbitrator in Arbitration

clauses shall be as per Arbitration and Reconciliation Act
as prevalent.

In exceptional cases, such as cases involving major legal implications/

wider ramifications/ higher financial stakes etc., a special fee structure
could be fixed in consultation with the Contractor/ Supervision Consultants
and with the specific approval of the MORTH before appointment of the
Arbitrator,

85
 IV. APPENDICES
Appendix A

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

and Reporting Requirements

86
 Appendix B

Consultants’ Sub-consultants, Key Personnel and Sub Professional

Personnel

87
 Appendix C

Hours of work for Consultants’ Personnel

As per applicable laws.

88
 Appendix D

Duties of the Client

As per the terms of contract agreement

89
Appendix E

Cost Estimate

90
 Appendix F

Minutes of Financial/ Contract Negotiations with the Consultant

91
 Appendix G

Copy of letter of invitation

92
 Appendix H

Copy of letter of acceptance

93
 Appendix – I
Format for Bank Guarantee for Performance Security

BANK GUARANTEE FOR PERFORMANCE SECURITY

To

Governor of Andhra Pradesh represented by Chief Engineer (R&B) SH & MD,

APRDC, Room No-502, State HoDs Buidling, M.G Road, Labbipet, Vijayawada –
520010..

In consideration of “Governor of Andhra Pradesh represented by Chief

Engineer (R&B) SH & MD, APRDC (hereinafter referred as the “Client” which
expression shall, unless repugnant to the context or meaning thereof include its
successors, administrators and assigns)having awarded to M/s.
………………………………………………having its office at ………………..
(hereinafter referred to as the “Consultant” which expression shall, unless
repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a contract by issue of client’s Contract
Agreement no. / Letter of Acceptance No. ……………….. dated ……………… and
the same having been unequivocally accepted by the Consultant, resulting in a
Contract valued at Rs…………../-(Rupees….………………….) excluding service tax
for “Consultancy Services for conducting Road Safety Audit, identification of
deficiencies/ black spots and submission of DPR for rectification measures for
developing into District Demo Corridors on the selected State Highways in the
state of Andhra Pradesh”.as more specifically indicated in Annexure-I
of Letter of Invitation No………….dated…………… (hereinafter called the
“Contract”), and the Consultant having agreed to furnish a Bank Guarantee to
the Client as “Performance Security as stipulated by the Client in the said
contract for performance of the above Contract amounting to Rs. ……………./-
(Rupees…………………………………….).

We, ……………………………..having registered office at …………….., a body

registered/constituted under the ……………………….(hereinafter referred to as
the Bank), which expression shall, unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the client immediately on demand any
or, all money payable by the Consultant to the extent of Rs. ……………..
(Rupees………..………………..) as aforesaid at any time up to ………..without any
demur, reservation, contest, recourse or protest and/or without any reference to
the consultant. Any such demand made by the client on the bank shall be
conclusive and binding notwithstanding any difference between the Client and
the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or
any other authority. We agree that the Guarantee herein contained shall be
irrevocable and shall continue to be enforceable till the Client discharges this
guarantee.

The Client shall have the fullest liberty without affecting in any way the liability
of the Bank under this Guarantee, from time to time to vary or to extend the
time for performance of the contract by the Consultant. The Client shall have

94
the fullest liberty without affecting this guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might
have against the consultant and to exercise the same at any time in any
manner, and either to enforce or to forbear to enforce any covenants, contained
or implied, in the Contract between the Client and the Consultant any other
course or remedy or security available to the Client. The bank shall not be
relieved of its obligations under these presents by any exercise by the Client of
its liberty with reference to the matters aforesaid or any of them or by reason of
any other act or forbearance or other acts of omission or commission on the
part of the Client or any other indulgence shown by the Client or by any other
matter or thing whatsoever which under law would but for this provision have
the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Consultant and notwithstanding any security or other
guarantee that the Client may have in relation to the Consultant’s liabilities.

We,………..(indicate the name of the bank)also undertake not to revoke this

Guarantee during its currency except with previous consent of Client in writing.

(Signature of the Authorized Official)

(Name & Designation with Bank

Stamp)

NOTE:
(i) The bank guarantee(s) contains the name, designation and code
number of the officer(s) signing the guarantee(s).
(ii) The address, telephone no. and other details of the Head Office of
the Bank as well as of issuing branch should be mentioned on the
covering letter of issuing Branch.
(iii) The bank guarantee for Rs. 10,000 and above is signed by at least
two officials (or as per the norms prescribed by the RBI in this
regard).

95
Appendix J : Reply to Queries of the Applicant

96
 Appendix – K
BID SECURITY (BANK GUARANTEE)
WHEREAS, __________________________________[name of Bidder] (hereinafter
called "the Bidder") has submitted his
Biddated_________________________[date] for the consultancy services in
respect of
________________________[name of Contract hereinafter called "the Bid"].

KNOW ALL PEOPLE by these presents that

We__________________________________________ [name of Bank] of
___________________________ [name of country] having our registered office
at ___________________________________________________(hereinafter called
“the Bank”) are bound unto Chief Engineer (R&B) SH & Managing Director,
APRDC [name of Client] (hereinafter called “the Client”) in the sum of
Rs.2,50,000/-for which payment will and truly to be made to the said
Client the Bank itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _________day of
______,20____.
THE CONDITIONS of this obligation are :
(1) If after Bid opening the Bidder withdraws his bid during the period
of Bid validity specified in the Form of Bid;
OR
(2) If the Bidder having been notified the acceptance of his bid by the
Client during the period of Bid validity :

(a) fails or refuses to execute the Form of Agreement in

accordance with the Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in

accordance with the Instructions to Bidders; or

(c) does not accept the correction of the Bid Price pursuant to
evaluation of bid.
We undertake to pay to the Client up to the above amount upon
receipt of his first written demand, without the Client having to
substantiate his demand, provided that in his demand the Client will note
that the amount claimed by him is due to him owing to the occurrence of
one or any of the three conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date 165
days after deadline for submission of Bids as such deadline is stated in the
Data Sheet or as it may be extended by the Client, notice

97
of which extension(s) to the Bank is hereby waived. Any demand in
respect of this guarantee should reach the Bank not later than the above
date.
DATE _______________________
_________________ SIGNATURE
WITNESS _______________________ SEAL
______________________
___________________________________________________________________________
_____
[Signature, name and address]
*45 days after the end of the validity period of the Bid. Date should be
inserted by the Client before the Bidding documents are issued.

98