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ϭ͘ ĞƚĂŝůĞĚ dŝŵĞdĂď ĞĨŽƌƚŚĞǀĂƌŝŽƵƐĂĐƚŝǀŝƚŝĞƐƚŽ ĞƉĞƌĨŽƌ ĞĚ ŝŶ ĞͲƚĞŶĚĞƌŝŶŐƉƌŽĐĞƐƐ LJ

ƚŚĞdĞŶĚĞƌĞƌĨŽƌƋƵŽƚŝŶŐ ƚŚĞŝƌŽĨĨĞƌŝƐŐŝǀĞŶŝŶƚŚŝƐdĞŶĚĞƌŽĐƵŵĞŶƚƵŶĚĞƌ͞dĞŶĚĞƌ^ĐŚĞĚƵ Ğ͘͟
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ϯ͘ /ŶƚŚĂƚĞǀĞŶƚWƵ ŝĐ tŽƌŬƐĞƉĂƌƚŵĞŶƚ ŝů ŶŽƚ Ğ ŝĂďůĞŽƌƌĞƐƉŽŶƐŝ ĞĨŽƌ ĂŶLJ ĂŵĂŐĞƐ
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1. Reconnaisance survey including study of sheets, maps etc.

2. Preparation of detailed Plans and Estimates of road including typing in 5 copies, ammonia prints, with colouring
of plans, proper filing, indexing and paging etc
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trial pits of size 1.00x1.00x1.50 m including preparation of detailed Plans and Estimates in 5 copies and all
types of compliance if required from the Department. As directed
4. Survey of Minor bridge including taking L section of existing road and two defined cross sections
5. Preparation of Land Acquisition proposal including collection of 7/12 and 8/A documents marking alignment
on village maps , area calculation, preparation of proposal, printing,bindind, etc
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all topo feature and proposed construction details
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8. Design of junctions including detail layout of traffic signs, informatory boards traffic islands
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complete. - A-0 Size As directed
10. Autocad drawing with colour print out for Building / Bridge / Road/ CD Works in required size etc. complete.
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 5

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TENDERING PROCEDURE: -
1.1 Blank Tender Forms.

Tender Forms can be downloaded from the e-tendering Portal of

Public Works Department, Government of Maharashtra i.e.
https://mahatenders.gov.in after paying tender fees via online mode as
per the Tender Schedule.

1.2 Pre-Tender Conference

1.2.1 Contractors may raise any queries Online (Please refer online tender notice).
Pre-tender conference is open to all prospective tenderers who have
downloaded tender form before the date of Pre-tender Conference. Wherein
prospective Tenderers will have an opportunity to obtain clarifications
regarding the work and the Tender Conditions. The prospective tenderers
may also post their queries only using post query option for the tender.

1.2.2 The prospective tenderers are free to ask for any additional information or
clarification either in writing or orally concerning the work, and the reply to
the same shall be uploaded on the portal https://mahatenders.gov.in and this
clarification referred to as Common Set of Conditions/Deviations (C.S.D.),
shall form part of tender documents and which will also be common and
applicable to all tenderers. The point/points if any raised in writing and/or
verbally/ online by the contractor in pretender conference and not finding
place in C.S.D. issued after the pre- bid conference, is/are deemed rejected.
In such case the provision in NIT shall prevail. No individual correspondence
will be made thereafter with the contractor in this regard.

1.2.3 The tender submitted by the tenderer shall be based on the clarification,
additional facility offered (if any) by the Department, and this tender shall be
unconditional. Conditional tenders shall be summarily REJECTED.
 10

1.2.4 All tenderers are cautioned that tenders containing any deviation from the
contractual terms and conditions, specifications or other requirements and
conditional tenders will be treated as non responsive. The tenderer should
clearly mention in forwarding letter that his offer (in envelope No. 1& 2) does
not contain any conditions, deviations from terms and conditions stipulated in
the tender.

Signature and seal of Applicant


 11

DETAILED TENDERING PROCEDURE: -

1.3. TENDER FORMS.
1.3.1. Tender Forms can be downloaded from the eTendering portal of Public
Works Department, Government of Maharashtra i.e.
https://mahatenders.gov.in Document Tender Fee and EMD to be paid
Via SBI MOPS Online Payment Gateway Mode Only. And upload
successful payment receipt in ENVELOPE NO.1 TECHNICAL BID
Documents.

1.3.2. The tender submitted by the tenderer shall be based on the

clarification, additional facility offered (if any) by the Department, and
this tender shall be unconditional. Conditional tenders will be
summarily REJECTED.

1.3.3. All tenderers are cautioned that tenders containing any deviation from
the contractual terms and conditions, specifications or other
requirements and conditional tenders will be treated as non
responsive. The contractor should clearly mention in forwarding letter
that his offer (in Envelope No.1 & 2) does not contain any condition,
deviations from terms and conditions stipulated in the tender.

1.3.4. Tenderers should have valid Class II / III Digital Signature Certificate
(DSC) obtained from any Certifying Authorities.

Signature and seal of Applicant


 12

1.3.5. For any assistance on the use of Electronic Tendering System, the
Users may call the below

1.3.6. Toll Free Ph. No. 1800 3070 2232

E-Mail : eproc.support@maharashtra.gov.in, cppp-support@nic.in

1.3.7. Special Instructions to the Contractors / Bidders for the e-submission of

the bids online through this tender site: https://mahatenders.gov.in
Bidder must register themselves on https://mahatenders.gov.in portal
by clicking “Online Bidder Enrollment” and then map Digital Signature
certificate.

1.3.8. Bidder then login to the site giving User id / Password chosen during
registration.
1.3.9. The DSC e-token that is registered should be used by the bidder and
should not be misused by others.

1.3.10. The Bidders can update well in advance, the documents such as
certificates, purchase order details etc., under My Documents option
and these can be selected as per tender requirements and then
attached along with bid documents during bid submission.

1.3.11. After downloading / getting the tender schedules, the Bidder should go
through them carefully and then submit the documents as asked,
otherwise, the bid will be rejected.

1.3.12. If there are any clarifications, this may be obtained online through the
tender site, or through the contact details. Bidder should take into
account of the corrigendum published before submitting the bids
online.
 13

1.3.13. Bidder, in advance, should get ready the bid documents to be

submitted as indicated in the tender schedule and they should be in
PDF/XLS/RAR formats. If there is more than one document, they can
be clubbed together.

1.3.14. Document Tender Fee and EMD to be paid via SBI MOPS Online
Payment Gateway Mode only and upload successful payment receipt
in ENVELOPE NO.1 TECHNICAL BID Documents.

1.3.15. The bidder reads the terms & conditions and accepts the same to
proceed further to submit the bids.

1.3.16. The bidder has to submit the tender document online well in advance
before the prescribed time to avoid any delay or problem during the
submission process.

1.3.17. After the bid submission, the acknowledgement number, given by the
e-tendering system should be printed by the bidder and kept as a
record of evidence for online submission of bid for the particular
tender.

1.3.18. Document Tender Fee and EMD to be paid via SBI MOPS Online
Payment Gateway Mode only. And upload successful payment receipt
in Envelope No.1 Technical Bid Documents. and BOQ in .xls format file
to Uploaded in ENVELOPE NO.2 FINANCIAL BID Documents.

1.3.19. The Tender Inviting Authority (TIA) will not be held responsible for any
sort of delay or the difficulties faced during the submission of bids
online by the bidders.
 14

1.3.20. The bidder may submit the bid documents either by online mode

through the site (https://mahatenders.gov.in) as indicated in the

tender.

1.3.21. The tendering system will give a successful bid updating message after
uploading all the bid documents submitted & then a bid summary will
be shown with the bid no, date & time of submission of the bid with all
other relevant details. The documents submitted by the bidders will be
digitally signed using the DSC e-token of the bidder and then
submitted. The bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid
summary will act as a proof of bid submission for a tender floated and
will also act as an entry point to participate in the bid opening date.

1.3.22. Bidder should log into the site well in advance for bid submission so
that he submits the bid in time i.e on or before the bid submission end
time. If there is any delay, due to other issues, bidder only is
responsible.

1.3.23. The bidder should see that the bid documents submitted should be
free from virus and if the documents could not be opened, due to
virus, during tender opening, the bid is liable to be rejected.

1.3.24. The time settings fixed in the server side & displayed at the top of the
tender site, will be valid for all actions of requesting, bid submission,
bid opening etc., in the e-tender system. The bidders should follow this
time during bid submission.

1.3.25. All the data being entered by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data
entered will not viewable by unauthorized persons during bid
submission & not be viewable by any one until the time of bid opening.
 15

Overall, the submitted tender documents become readable only after

the tender opening by the authorized individual.

1.3.26. The confidentiality of the bids is maintained since the secured Socket
Layer 128 bit encryption technology is used. Data storage encryption
of sensitive fields is done.

1.3.27. The bidders are requested to submit the bids through online
eTendering System to the TIA well before the bid submission end date
& time (as per Server System Clock).

1.3.28. The bidder should logout of the tendering system using the normal
logout option available at the top right hand corner and not by selecting
the (X) option in the browser.

1.3.29. The bidder should upload the Technical Bid in .rar format single file to
upload in Technical cover and then BOQ in .xls format single file to
Uploaded in ENVELOPE NO.2 FINANCIAL BID Documents.

The User acknowledges and agrees that his/ her information will be
managed in accordance with the laws for the time in force. Payment
Gateway Disclaimer

The Service is provided in order to facilitate payment of Tender

Fees/Earnest Money / Bid Security Deposit online. The Merchant or the
Payment Gateway Service Provider(s) do not make any representation of
any kind, express or implied, as to the operation of the Payment
Gateway other than what is specified in the Website for this purpose. By
accepting/ agreeing to these Terms and Conditions, the User expressly
agrees that his/ her use of the aforesaid online payment service is
entirely at own risk and responsibility of the User.

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 27

Engineer-in-charge may undertake its obligations either on its own or may appoint any other agencies for the
discharge of its obligations. However, appointment of any other agencies shall not relieve the
CONSULTANT of any of its obligations under this Contract. The terms of any sub-contract shall be subject
to and conform to the provisions of this Contract.
1.1 Assist Engineer-in-charge to Issue letter of award and to sign Project Contract with the Contractor.
1.2 Scrutinise and recommend Engineer-in-charge to Approve the concept drawings including other
submissions
1.3 On completion of the said works, CONSULTANT will hand over the said works to Engineer- in-
charge. For this purpose all documents required in the form of completion plans, services etc. shall be
finalized/ prepared by CONSULTANT and handed over to Engineer-in-charge.

1.4 Any dispute arising out of the operation of the Project Contract(s) for the subject work will be
subject to arbitration as provided for in the Project Contract with the Contractor. CONSULTANT will
assist Engineer-in-charge defend the arbitration proceedings as best as it can and challenge the same
before court. For disputes attributable to CONSULTANT no payment towards litigation expenses shall
be made by Employer.
2 Liquidated Damages

(i) The CONSULTANT shall be liable to pay as liquidated damages 0.25% of the fee of
applicable services for delay of each week or part thereof in completing the same with respect
to its stipulated schedule.
(ii) Notwithstanding anything to the contrary contained herein, in case, the CONSULTANT fails
to successfully implement the project as per the provisions of the agreement, employer shall
have the right and be entitled to recover a sum equal to 10% of the Contract Value (as
specified in Annexure-3, Part A), as liquidated damages from the CONSULTANT. The Parties
agree that this is a genuine pre-estimated loss that employer would suffer, in terms of loss of
reputation, goodwill and faith and disruption in services to citizens, on account of the
CONSULTANT’S failure to successfully implement the project. The liquidated damages shall
be in addition to other remedies available to Engineer-in-charge under the agreement and
applicable laws, including forfeiture of consultancy fee.

Article 1: Obligations of Employer

Engineer-in-charge agrees to provide all the requisite support to CONSULTANT to enable carrying
out the activities listed under the Scope of Services. Such support by Engineer-in-charge will include
sharing of all the information, records, data, reports, all drawings of existing structure and utilities etc.
prepared either by Engineer-in-charge, itself or through other Agencies/ advisors on the Project, any other
information about the Project relevant to the work being carried out under this Agreement, assigning of any
Employer manpower resources, whenever and wherever required and obtain/accord the necessary decisions
and approvals to enable expeditious execution of the Scope of Services.

Signature and seal of Applicant

 28

1. Handover the Project Site free from encumbrances including but not limited to have the Site vacated
from the users / allottees / lessee and other encroachments if any and arrange their relocation etc. as
required for implementation of the Project.
2. For undertaking various surveys and studies, Employer shall provide peaceful access to the Project
Site and other facilities, etc. which may be necessary for carrying out the Scope of Services.
3. Employer shall constitute a Core Group comprising senior officials of associated departments/
agencies for discussions and providing prompt clearances for utility diversion / traffic diversion
Proposals and also day to day administrative decisions for smooth progress of works.
4. Designate a representative, who shall be fully acquainted with the Project and has authority to
communicate approvals of Project Construction Budgets, changes in the Project, render decisions
promptly consistent with Project Schedule and furnish information expeditiously.
5. Issue all appropriate necessary request/letter/ instructions for effective and prompt sanctions,
approvals, permissions and other act, as may be required, by officials, agents and representatives of
the respective Government departments for the implementation of the Project.

6. Deleted.
7. Deleted
Article 2: Fees for Services & Payment of taxes etc.

2.1 In lieu of the Services rendered hereunder, Engineer-in-charge shall pay the mutually agreed fees to
the CONSULTANT, as set out in as set out in Payment Schedule or as approved by The Chief Engineer
Public Works Region, Aurangbad (“CONSULTANT’S Remuneration”).
2.2 Engineer-in-charge shall pay due remuneration to CONSULTANT

2.3 All the applicable taxes shall be by paid the CONSULTANT as per law unless otherwise specified.
2.4 All out of pocket expenses such as travel expenses/commissions etc. shall be by the
CONSULTANT.

2.5 Payment shall be made to lead partner of the consortium after due verification by the employer
Engineer-in-charge after deduction of taxes as applicable.

Article 3: Effectiveness, Commencement, Expiry and Termination of the Agreement.

3.1 The CONSULTANT shall make all reasonable efforts to have the Project implemented within time
period of 2 (two) months from the date of issue of work order or the date on which the site is made
available to CONSULTANT free from all encumbrances, whichever is later. However, the
CONSULTANT shall not be held responsible for any delay in construction/implementation of the
Project, for reasons not exclusively attributable to the CONSULTANT.
3.2 The services of Consultant shall be available till the completion of defect liability period or the
claims / court cases are settled whichever is later.
3.2 The Consultant will maintain the record of work till completion of the defect liability period and or
till the claims and court matters pertaining to the work are settled, whichever is later.
3.3 The Consultant will also submit the certificate regarding satisfactory completion of the work before
the final bill is paid by the Engineer-in- Charge..

Signature and seal of Applicant

 29

3.4 If the CONSULTANT fails to perform any of its obligations under this Contract, including carrying
out of the Services, notice of suspension specifying (i) the nature of the failure and
(ii) instructing the CONSULTANT to remedy such failure/s within the period not exceeding thirty
(30) days shall be issued by the Employer. If CONSULTANT fails to comply the instructions given
as above Employer shall, suspend all payments to the CONSULTANT.
(A) CONSULTANT shall fulfill its obligations in accordance with this Agreement. Any unexcused delay
by the CONSULTANT in the performance of its obligations under this Agreement shall render the
CONSULTANT liable to Termination of the Agreement;
Provided that the Employer may terminate this Agreement by giving written notice to the
CONSULTANT of such intended termination and specifying the effective date thereof, at least (30)
thirty days before the effective date of such termination; provided, however, that the
CONSULTANT may correct/remedy or commence to correct/remedy its alleged default at any time
prior to the proposed date of termination, in which event, the Termination Notice may be withdrawn
by Engineer-in-charge if it is satisfied by the pace of work or correction of defects. If the Agreement
is terminated by Engineer-in-charge for cause as provided herein, the CONSULTANT shall be paid
for the services rendered till the effective date of termination and thereafter receive no further
compensation.

(B) The CONSULTANT shall submit a calendar/work chart for execution of the project in the DPR for
approval by the Engineer-in-charge (Govt. of Maharashtra).
(C) Notwithstanding anything to the contrary contained herein, upon Termination of this agreement due
to an CONSULTANT’S Event of Default, Engineer-in-charge shall have a right to get the project
completed and/or services delivered thorough a third party, at the risk and cost of the
CONSULTANT. In such a case Engineer-in-charge shall retender for the remaining areas/services
and the CONSULTANT shall be liable to the employer for any excess costs for such similar
services, if any.

(D) The Employer may, by not less than (30) days written notice of termination to the Consultants, such
notice to be given after the occurrence of any of the events specified in the paragraphs (a) through (f)
of this Clause 6.9 terminate this Contract.
a) If the CONSULTANT fail to remedy a failure in the performance of their obligations hereunder,
within thirty days(30) of receipt of such notice of suspension or within such further period as
the Employer may have subsequently approved in writing;
b) If the CONSULTANT become (or, if the CONSULTANT consists of more than one entity, if any
of their Members becomes) insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary;
c) Deleted
d) If the CONSULTANT submit to the Employer a statement which has a material effect on
the rights, obligations or interest of the Employer and which the CONSULTANT know to
be false;
e) If, as the result of Force Majeure pursuant to Article 12 below hereof, the CONSULTANT
are unable to perform a material portion of the Services for a period of a not less than sixty
(60) days;

Signature and seal of Applicant

 30

f) If the Employer, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

T he CONSULTANT shall be paid for the services rendered till the effective date of termination and
thereafter receive no further compensation.

Article 4: Dispute Resolution

4.1 In the event of any dispute of whatever nature howsoever arising under or out of or in relation to this
Agreement that cannot be mutually resolved by the parties within 30 (thirty) days of service of written
notice by one party to the other clearly setting out the dispute in question, the same shall be first settled
at the level of Superintending Engineer, Public Works Circle, Pune. Except where otherwise specified in
the contract and subject to the powers delegated to him by
Government under the code, rules, etc. then in the force, the decision of the Superintending Engineer
Public Works Circle, Nanded for the time being shall be final conclusive and binding on the
CONSULTANT upon all questions relating to the meaning of the conditions in the Proposal/ Contract,
or as to any other question, claim, right, matter or thing whatsoever, if any way arising out of , or
relating to the contract, designs, drawings, specifications, estimates, instructions, orders, or these
conditions, or otherwise concerning the works, or the execution, or failure to execute the same,
whether arising during the progress of work, or after the completion or abandonment thereof. The
CONSULTANT may within thirty days of receipt by him of any order (with respect to the dispute)
passed by the Superintending Engineer of the Circle as aforesaid appeal against it to the Chief
Engineer, Public Works Region, Aurangbad.
4.2 It is expressly agreed that the CONSULTANT (including its sub- Agencies, contractors, agents, etc.)
shall continue to perform the services uninterruptedly pending the resolution of any dispute between the
Employer and CONSULTANT, timely and satisfactory completion of the Project being of the essence of
this Agreement.

Article 5: Exclusions, Waiver and Amendments, etc.

5.1 Nothing contained in this Agreement shall prevent CONSULTANT to pursue their interests in other
states as well as in Maharashtra and, for that purpose to enter into other partnerships and / or agreements
for specific projects provided such partnerships and / or specific projects are not in conflict with the
Project.
5.2 Failure by any Party to enforce, at any time, any provision of the Agreement shall not be construed as
a waiver of its right to enforcement of the breach of such provision or any other provision of the
Agreement, or as a waiver of any continuing, succeeding or subsequent breach of any such provision or
other provision of the Agreement or as a waiver of any right under the Agreement.
5.3 No amendments, modifications, or alterations of or any additions to the terms and conditions of this
Agreement shall be valid unless the same is in writing and agreed to by the Parties.
5.4 This Agreement may be executed in two originals, each of which when executed and delivered shall
constitute an original of this Agreement.

Signature and seal of Applicant

 31

5.5 Nothing contained in this Agreement shall constitute or be deemed to constitute a partnership
between the Parties, and no Party shall hold oneself out as an agent for the other Party, except with the
express prior written consent of the other Party or as provided herein.

5.6 Any date or period as set out in any Article of this Agreement may be extended with the written
consent of the Parties failing which time shall be of the essence.
5.7 Each of the rights of the Parties hereto under this Agreement are independent, cumulative, and
without prejudice to all other rights available to them, and the exercise or non-exercise of any such rights
shall not prejudice or constitute a waiver of any other right of the Party, whether under this Agreement or
otherwise.

Article 6: Confidentiality

6.1 Neither Party shall disclose to anyone not a party to this Agreement any confidential or proprietary
information as to the other Party’s business affairs which may come to its knowledge by reason of this
Agreement, including without limitation, financial, technology and business information, trade secrets,
any structuring or tax structuring advice provided by CONSULTANT and know-how (collectively, the
“Confidential Information”) and both Parties undertake to treat all Confidential Information as strictly
confidential unless it has become part of the public domain or is required to be disclosed as mandated by
applicable law, regulation, legal process or regulatory authority. The obligation herein stated shall
survive the Termination of this Agreement.

Article 7: Non Assignability

7.1 Subject to the provisions of this Agreement, this Agreement is personal to the CONSULTANT
and shall not be capable of Assignment, except with the prior written consent of Engineer-in- charge
The Assignment rights of the CONSULTANT shall be subject to the transferee agreeing to be bound
by the terms of this Agreement and executing a deed of adherence.

Article 8: Governing Law

8.1 Subject to the provisions of Article 7, this Agreement shall be governed and construed in
accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of the
Courts at Nanded
Article 9: Force Majeure

9.1 .Force Majeure means acts of God (including, but not limited to natural disaster, fire, thunder, lightning,
explosion, earthquake, storm, typhoon, tornado, drought, tidal wave and flood) terrorist attacks or war
(whether declared or not), invasion or an act of foreign enemy or any judgment or order of any court of
competent jurisdiction or statutory Authority whereby a Party is prevented from complying with its
obligations under this Agreement. The period of compliance with its obligations under this Agreement by the
Party affected by the Force Majeure event shall be extended on a day for day basis for the period during
which the Force Majeure event continues.

Signature and seal of Applicant

 32

9.2 In the event of a Party (affected Party) not being able to perform its obligations pursuant to this
Agreement as a result of a Force Majeure event, such affected Party shall give notice (“Force
Majeure Notice”) to the other Party, as provided in Article 12, of any such Force Majeure event as
soon as reasonably practicable but not later than seven days after the date on which the affected Party
knew or should have reasonably known the commencement of the Force Majeure event.
9.3 If the affected Party has taken all necessary steps towards mitigating the effect of a Force Majeure
event, then:
1. the obligations of the affected Party shall be suspended to the extent that they are affected by
the Force Majeure event so long as the Force Majeure event continues;
2. to the extent the performance of the obligations of the affected Party is affected by the Force
Majeure event, the time period for the performance of the obligations of the affected Party
shall be extended by a similar time period on a day to day basis.
9.4 Force Majeure shall not include any event, which is caused by the negligence or intentional action of
a Party or such Party’s Sub- Consultant or agent or employees or, which a diligent Party could
reasonably have been expected to:
(i) Take into account at the time of the conclusion of this Agreement and/or;
(ii) Avoid or overcome in the carrying out of its obligations hereunder.

ARTICLE 10: Representations and Warranties 1

10.1 Representations and Warranties
Both the Parties to this Agreement represent and warrant to each other that:
(i) The Party is duly organized, validly existing and in good standing under the laws of India;

(ii) The Party has full power and authority to execute, deliver and perform its obligations under
this Agreement and to carry out the transactions contemplated hereby;
(iii) The Party has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the execution, delivery and performance of this
Agreement;

(iv) This Agreement constitutes the Party’s legal, valid and binding obligation enforceable
against it in accordance with the terms hereof;
(v) There are no actions, suits, proceedings, or investigations pending or, to the Party’s
knowledge, threatened against it at law or in equity before any court or before any other
judicial, quasi judicial or other authority, the outcome of which may result in the breach of or
constitute a default of the Party under this Agreement or which individually or in the
aggregate may result in any material adverse effect;

(vi) The Party has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any Government
CONSULTANT which may result in any material adverse effect or impairment of the
Party’s ability to perform its obligations and duties under this Agreement.

Signature and seal of Applicant

 33

ARTICLE 11: Indemnity

11.1 Each party shall indemnify and keep indemnified the other party from and against all consequences
and liabilities arising out of or in any way connected with the indemnifying party’s negligence, fault,
nuisance, breach and failure to perform its obligations under this Contract / Project Contract, except to
the extent that the same is attributable to a negligent or willful act or omission of the party seeking to be
indemnified.

11.2 All notices and other communication in respect of this Agreement shall be given in English or
Marathi by registered airmail, postage prepaid or facsimile to the party entitled thereto at its address as
it shall hereafter designate for this purpose:
To CONSULTANT:
Attn.:
To Public Works Department Govt. of Maharashtra:

Attn. : Executive Engineer,

Public Works Division, Bhokar Dist, Nanded address:

Bhokar .ee@mahapwd.com
Notice shall be deemed to have been received and shall be effective three days after the date of mailing in
the case of a dispatch thereof any registered air mail, and on the next working day after the dispatch
thereof by facsimile.

Signature and seal of Applicant

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IN WITNESS WHEREOF the Parties hereto have put their hand this day and date first above
mentioned.
Signed on behalf of CONSULTANT by: Signed on behalf of Employer by:
Signature: Signature:

Name: Name:
Position: Position:

Witnessed by: Witnessed by:

Signature: Signature:

Name: Name:
Address: Address:

Date: Date:

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Annexure 1

1. SCOPE OF SERVICES OF The CONSULTANT :

The Consultant will perform the following Services for the Project under this Agreement as
described below

(i) Survey of major Bridges including L-Section of existing road two defined cross section (One
at U/s and one at D/s

(ii) One Virgin Cross section on alternate proposed cross section and bed slope of stream up to
sufficient required long distance as directed.

(iii) Preparation of initial designs of bridges with preparation General arrangement drawing with a;;
dimensions etc. competent authority and provided 5 copies thereof to division office

(iv) Taking Trial Bores 75 to 100 mm for 53.0 to 88.9 mm core dia in rocks as specified belwo
including all necessary materials

(v) Providing Tun Tappa Core boxers of jungle wood required size.

(vi) Providing Detailed Geological Reports of proposed site by maintaining geotechnical

investigation of structure stratification collecting soil, rock and ground water sample for
laboratory test

(vii) Preparing detailed estimate and get sanction from competent authority and provided 5 copies
thereof to division office

(viii) Give clarification/Advice during construction period if required

2.1 COMPREHENSIVE BRIDGE SERVICES:

The CONSULTANT shall provide comprehensive services broadly described hereinafter:

3.1.1 Investigations for Bridges and Structures

3.1.1.1 Inventory of Bridges, and Structures

The Consultants shall make an inventory of all the structures (bridges, viaducts, ROBs, culverts,
etc.) along the road under the project. The inventory for the bridges, viaducts and ROBs shall
include the parameters required as per the guidelines of IRC-SP:35-1990. The inventory of culverts
shall be presented in a tabular form covering relevant physical and hydraulic parameters.

3.1.1.2 Hydraulic and Hydrological Investigations

1. The hydrological and hydraulic studies shall be carried out in accordance with IRC Special
Publication No. 13 (“Guidelines for the Design of Small Bridges and Culverts”) and IRC:5-1998
(“Standard Specifications & Code of Practice for Road Bridges, Section I General Feature of
Design”). These investigations shall be carried out for all existing drainage structures along the road
sections under the study.

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2. The Consultants shall make a desk study of available data on topography (topographic maps,
stereoscopic aerial photography), storm duration, rainfall statistics, top soil characteristics, vegetation
cover etc. so as to assess the catchment areas and hydraulic parameters for all existing and proposed
drainage provisions. The findings of the desk study would be further supplemented and augmented
by a reconnaissance along the area. All important hydrological features shall be noted during this
field reconnaissance.
3. The Consultants shall collect information on high flood level (HFL), low water levels (LWL),
discharge velocity etc. from available past records, local inquiries and visible signs, if any, on the
structural components and embankments. Local inquiries shall also be made with regard to the road
sections getting overtopped during heavy rains.

3.1.1.3 Condition Survey for Bridges (less than 30m), Culverts and Structures
1. The Consultants shall thoroughly inspect the existing structures and shall prepare a report
about their condition including all the parameters given in the Inspection pro- forma of IRC-SP; 35-
1990. The condition and structural assessment survey of the bridges / culverts / structures shall be
carried out by senior experts of the Consultants.

2. For the bridges identified to be in a distressed condition based upon the visual condition
survey, supplementary testing shall be carried out as per IRC-SP:35 and IRC-SP:40. Selection of
tests may be made based on the specific requirement of the structure.

3. The assessment of the load carrying capacity or rating of existingbridges shall be carried out
under one or more of the following scenarios:

when the design live load is less than that of the statutory commercial vehicle plying or likely to
ply on bridge;

if during the condition assessment survey and supplementary testing the bridge is found to indicate
distress of serious nature leading to doubt about structural and / or functional adequacy, and

design live load is not known nor are the records and drawings available.
4. The evaluation of the load carrying capacity of the bridge shall be carried out as per IRC-SP:37
(“Guidelines for Evaluation of Load Carrying Capacity of Bridges”). The analytical and correlation
method shall be used for the evaluation of the load carrying capacity as far as possible. When it is
not possible to determine the load carrying capacity of the bridge using analytical and correlation
method, the same shall be carried out using load testing. The consultant has to exhaust all other
methods of evaluation of strength of bridges before recommending taking up load testing of bridges.
Road closure for testing if unavoidable shall be arranged by PWD/local authorities for limited
duration say 12 hrs. or so.
5. Consultant shall carryout necessary surveys and investigations to establish the remaining service
life of each retainable bridge or structure with and without the proposed strengthening and
rehabilitation according to acceptable international practice in this regard.

3.1.1.4 Geo-technical Investigations, geological study and Sub-Soil Exploration

1. The Consultants shall carry out geo-technical investigations and sub-surface explorations
for the proposed Bridges / Road over bridges/tunnels/viaducts/interchanges etc., including high
embankments and any other location as necessary for proper design of the works and conduct all
relevant laboratory and field tests on soil and rock samples. The minimum scope of geo-technical
investigations for bridge and structures shall be as under:

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S.N. Description Location of Boring

1.

2.
One abutment location and one abutment
location and at least one intermediate
Over all length = 6 – location between abatements for structures
3. 30 m having more than one span
Note: in this, wherever there is a reference to ‘bridge(s)’, it shall be referred to as ‘bridge(s) 30 meters or less
than 30 meters’
2. The deviation(s), if any, by the Consultants from the scheme presented above should be got
approved by PWD.
3. However, where a study of geo-technical reports and information available from adjacent crossings
over the same waterway (existing highway and railway bridges) indicates that subsurface variability
is such that boring at the suggested spacing will be insufficient to adequately define the conditions
for design purposes, the Consultants shall review and finalise the bore hole locations in consultation
with the PWD officers.
4. Sub-soil investigations will be done as per IRC 78-2000.Geological study done for Narmada
Bridges have to be reviewed and incorporated with the DPR.
5. The scheme for the borings locations and the depth of boring shall be prepared by the Consultants
and submitted to PWD for approval. These may be finalised in consultation with PWD.
6. The sub-soil exploration and testing should be carried out through the Geotechnical Consultants
who have done Geo-technical investigation work in similar project. In case of outsourcing Geo-
Technical Investigation, the firm selected by the Consultant for this purpose should also be from
empanelled agencies from MoRT&H. The soil testing reports shall be in the format prescribed in
relevant IRC Codes.
7. For the road pavement, bore holes at each major change in pavement condition or in deflection
readings or at 2 km intervals whichever is less shall be carried out to a depth of at least 2 m below
embankment base or to rock level and are to be fully logged. Appropriate tests to be carried out on
samples collected from these bore holes to determine the suitability of various materials for use in
widening of embankments or in parts of new pavement structure.
3.1.1.3 Design of Bridges and Structures

1. The data collected and investigation results shall be analysed to determine the following:
i. HFL
ii. LWL
iii. LBL
iv. Erodibility of bed/scour level
v. Design discharge
vi. Linear waterway and effective linear waterway
vii. Likely foundation depth
viii. Safe bearing capacity
ix. Engineering properties of sub soil

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x. Artesian conditions
xi. Settlement characteristics
xii. Vertical clearance
xiii. Horizontal clearance
xiv. Free board for approach road
xv. Severity of environment with reference to corrosion
xvi. Data pertaining to seismic and wind load
xvii. Requirement of model study etc.

2. The Consultant shall prepare General Arrangement Drawing (GAD) and Alignment Plan showing the
salient features of the bridges and structures proposed to be constructed / reconstructed along the
road sections covered under the Study. These salient features such as alignment, overall length, span
arrangement, cross section, deck level, founding level, type of bridge components (superstructure,
substructure, foundations, bearings, expansion joint, return walls etc.) shall be finalized based upon
hydraulic and geo technical studies, cost effectiveness and ease of construction. The GAD shall be
supplemented by Preliminary designs. In respect of span arrangement and type of bridge a few
alternatives with cost-benefit implications should be submitted to enable PWD to approve the best
alternative.
3. The location of all at-grade level crossings shall be identified falling across the existing level
crossings for providing ROB at these locations. The Consultants shall prepare preliminary GAD for
necessary construction separately to the Department. The Consultant shall pursue the Indian
Railways Authorities or/and any statutory authority of State/Central Government for approval of the
GAD from concerned Authorities.
4. Subsequent to the approval of the GAD and Alignment Plan by PWD and Railways, the Consultant
shall prepare detailed design as per IRC and Railways guidelines and working drawings for all
components of the bridges and structures. The Consultant shall furnish the design and working
drawings for suitable protection works and/or river training works wherever required.
5. Dismantling/ reconstruction of existing structures shall be avoided as far as possible except where
considered essential in view of their poor structural conditions/ inadequacy of the provisions etc. The
existing structures having inadequate carriageway width shall be widened / reconstruc ted in part or
fully as per the latest MoSRT&H guidelines. The Consultant shall furnish the detailed design and
working drawings for carrying out the above improvements.
6. The existing structures having inadequate carriageway width shall be widened/ reconstructed in pat
or fully as per the latest MoSRT&H guidelines. The Consultant shall furnish the detailed design and
working drawings for carrying out the above improvements.
7. Suitable repair / rehabilitation measures shall be suggested in respect of the existing structures as per
IRC-SP:40 along with their specifications, drawings and cost estimate in the form of a report. The
rehabilitation or reconstruction of the structures shall be suggested based on broad guidelines for
rehabilitation and strengthening of existing bridges contained in IRC-SP:35 and IRC-SP:40.
8. Subsequent to the approval of the GAD and the alignment plan by PWD, detailed design shall also be
carried out for the proposed underpasses, overpasses and interchanges.
9. The Consultants shall also carry out the design and make suitable recommendations for protection
works for bridges and drainage structures.
10. In case land available is not adequate for embankment slope, suitable design for RCC retaining wall
shall be furnished. However, RES wall may also be considered depending upon techno-economic
suitability to be approved by PWD.

3.1.2 Conceptual design stage

The CONSULTANT shall -

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(i) be responsible for developing the Design Brief Details etc.

(ii) be responsible for Drawing, Design Detailed survey, estimate, Geotechnical investigation
and detailed geological reports etc.
(iii) Develop Integral Plan acceptable to Employer/ User department.
(iv) Interact with Employer/ User Department, modify the concept design, if required,
incorporating necessary changes and submit revised/modified design with reference to the
requirements given, providing details of useful area, circulation area, services and broad
specifications etc.
(v) Obtain approval of final Concept Plan from Competent Authority.
(vi) Propose methodology for execution of work having regard to various facilities already
operating at site.
(vii) Steps (i) to (vi) shall be repeated as per requirement and as directed by Engineer In-charge.
(viii) All concerned experts in all fields shall remain present at every stage during finalization of
conceptual design .

3.1.3 Preliminary Drawings/Design Stage:

The CONSULTANT shall

(i) Arrange clearance certificates (Environment/Local Authority, etc.) from the concerned
authorities as per requirement. The fee for such clearances will be borne by the Employer. if
required
(ii) Prepare report on site evaluation.
(iii) Carry out detailed investigations necessary for facilitating design of various structures/
Services.
(iv) Conduct detailed survey of the project site by arranging visit to the site.
(v) Carry out surveys of all existing services in site area.
(vi) Undertake preliminary planning on the basis of approved concept design and observations of
Employer.
(vii) Prepare and submit preliminary drawings, designs, specifications etc.
(viii) Suitably modify the preliminary drawings, designs, etc. as discussed with Employer
(ix) Prepare detail estimates and obtain Technical sanction of Competent authority as per PWD
norms based on State schedules of rates and get them sanctioned from Competent Authority.
(x) Submit drawings to local bodies,etc. for clearance and arrange approval. The fee for such
clearances will be borne by the Employer.
(xi) Obtain approval of Competent Authority with regard to various specifications & finishes to be
provided in the proposed buildings.
(xii) Steps (i) to (xi) shall be repeated as per requirement and as directed by Engineer in-charge.
3.1.3. Detailed Design Stage
The CONSULTANT shall
(i) Carry out detailed investigations necessary for facilitating design of various structures.
(ii) Prepare detailed Drawing, Design Detailed survey, estimate, Geotechnical
investigation and detailed geological reports
(iii) Prepare complete. The CONSULTANT will provide 6 sets of drawings to the employer.
3.1.4.

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(i) The fee to be paid to the CONSULTANT will be as per Annexure 3.

(ii) The CONSULTANT shall give a plan indicating the personnel to be involved in clause
3.1 above.

3.2. BID PROCESS MANAGEMENT

(i) Engineer- in - charge to decide post- qualification criteria of contractors.

(ii) Preparation of tender documents including specifications and bill of quantities, drawings
etc. and get approvals to them from Competent Authorities.

(iii) The Competent Authority of Employer shall receive and open the tenders in the predetermined manner,
on the appointed date and time, in the presence of other intending tenderers. The Engineer-in-charge
shall thereafter issue Letter of Acceptance to the selected Contractor(s) and take further necessary
actions in accordance with the tender conditions.

(iv) It shall be the duty and responsibility of the Competent Authority regarding acceptance or rejection of
the tenders received. The Competent Authority shall have absolute right to accept or reject any or all
tenders without assigning any reason whatsoever and the decision of the Competent Authority shall be
final and binding on all the parties.

(v) The Engineer-in-charge shall execute the Contract with the successful tenderers through Executive
Engineer, Public Works Division, Bhokar in the format prescribed in the tender document

(vi) The Government/ Employer in its sole discretion, at this stage, may augment/ diminish the Scope of
work or cause to take some part of the Project in later stage.

(vii) The Government/ Employer in its sole discretion, shall get the Project completed and/ or
services delivered through different Consultant/ Agency from this stage onwards

4. DELIVERABLES AND TIMELINES:

Stage Duration
Survey Work with Detailed survey, Geotechnical 15 months
investigation and detailed geological reports for Major
Bridge
Preparation of General Arrangement Drawing & get 1 months
approval form Competent Authority
Preparation of LA Proposal and submission to Authority 1 Months

Preparation of Detailed Estimate with all measurement & Rate 15 months

analysis therof and get approval form Competent Authority

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(ii) Extension of Time (EOT)

The work is to be completed within the scheduled time frame and no extension shall be granted.
However, in case of delay in completion of work due to reasons beyond control of the CONSULTANT,
suitable extension of time may be granted by the Competent Authority for which the CONSULTANT
will make request to the Engineer-in-charge subject to other conditions.

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Annexure 2

PROJECT DURATION

1. The Project duration shall be 2 (Two ) months (including Defect Liability Period) from the date of issue
of work order to CONSULTANT or the date on which the site is made available to CONSULTANT free
from all encumbrances, whichever is later.

2. The work shall be carried out in accordance with the implementation schedule as defined in the Project
Contract with the Contractor/s.
3. Engineer-in-charge shall hand over the Project Site free of encumbrances, in line with the agreed
implementation schedule of the Project.

4. CONSULTANT shall make earnest efforts to get approvals from statutory bodies, within a shortest
possible time. However, CONSULTANT shall not be held responsible for any delay in implementation of
the Project due to delays in such approvals.

5. In case of any delay in completion of the Project due to reasons that are not attributable to the
CONSULTANT, the CONSULTANT shall neither be liable nor responsible.

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