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    LETTER OF INVITATION

    Subject: - Consultancy for Preparation of DPR for Avalanche Control structures

    on Mughal Road in Jammu and Kashmir

    Dear Sirs,

    1. You are hereby invited to submit technical and financial proposals for consultancy

    services required forPreparation of DPR for Avalanche Control Structures on Mughal

    Road which could form the basis for future negotiations and ultimately a contract

    between your firm and Mughal Road Organization.

    2. The purpose of this assignment is to prepare a comprehensive DPR for Avalanche

    Control structures on Mughal Road based on requisite survey, detailedinvestigations and rigorous design/detailing of proposed structures along with

    estimates and BOQ for the work.

    3. The following documents are enclosed to enable you to submit your proposal:

    (a) Terms of reference (TOR) (Annexure 1);

    (b) Supplementary information for consultants, including a suggested format of

    curriculum vitae (Annexure 2); and

    (c) A Sample Form of Contract for Consultants' Services under which the services will

    be performed (Annexure 3).

    4. In order to obtain first hand information on the assignment and the site conditions,

    it is considered desirable that a representative of your firm visit office of the Chief

    Engineer, Mughal Road Project, Sector-2 Channi Himmat, Jammu before the proposal is

    submitted. Your representative may meet the following official:

    TechnicalOfficer to

    Chief Engineer,Mughal Road Project,Sector-2, Channi Himmat,

    Jammu

    Ph: 0191-2463124

    Please ensure that advance intimation regarding your visit is sent to enable him to

    be available.

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    5. The Submission of Proposals: The proposals shall be submitted in two parts, viz.,

    Technical and Financial and should follow the form given in the "Supplementary

    Information for Consultants."

    5.1 The "Technical" and "Financial" proposals must be submitted in two separate sealedenvelopes (with respective marking in bold letters) following the formats/schedules given

    in the supplementary information for consultants. The first envelope marked "Technical

    proposal" should include the description of the firm/organization, the firms general

    experience in the field of assignment, the qualification and competency of the personnel

    proposed for the assignment and the proposed work plan methodology and approach

    response to suggested terms of reference. The first envelope should not contain any cost

    information whatsoever. The second envelope marked 'FINANCIAL PROPOSAL' must

    also be sealed with sealing wax and initialed twice across the seal and should contain the

    detailed price offer for the consultancy services.

    You will provide detailed break down of costs and fees as follows:

    - Staffing billing rate plus overheads;

    - Travel and accommodation;

    - Report reproduction; and

    - ____________________

    Both the sealed envelopes should again be placed in a sealed cover which will be

    received in the office of Chief Engineer, Mughal Road Project, Sector-2 Channi Himmat,

    Jammu up to 1500 hours on 15-05-2010.

    5.2 Opening of proposalThe proposals (first envelope containing technical proposal only) will be opened in

    the office of Chief Engineer, Mughal Road Project, Sector-2 Channi Himmat, Jammu1530 hours on 15-05-2010. It may please be noted that the second envelope containing

    the detailed price offer will not be opened until technical evaluation has been

    completed and the result of comparative statement notified to all eligible consultants.

    6. Evaluation

    6.1 A two-stage procedure will be adopted in evaluating the proposals: i) a technical

    evaluation, which will be carried out prior to opening any financial proposal;

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    ii) a financial evaluation.

    6.2 Technical Proposal:

    The evaluation committee will carry out detailed evaluation of the technical proposals

    in order to determine whether consultants are qualified and whether technical

    proposals submitted as per Annexure-2 (Supplementary Information to Consultants)

    are substantially responsive.

    In addition, Curriculum vitae of senior personnel in each discipline for assessing the

    qualifications and experience of the personnel proposed to be deployed for the studies

    should be included with the technical proposal (in the format of the sample curriculum

    vitae as per Form-5).

    The price envelopes of others will not be considered and returned unopened after

    completing the selection process. The client shall notify the consultants, results of the

    technical evaluation and invite those who qualify for opening of the financial proposals

    indicating the date and time.

    6.3 Financial Proposal:

    6.3.1 Opening:

    The financial proposal shall be opened in the presence of the consultants representatives

    who choose to attend. The name of the consultant, and the proposed prices shall be read

    out and recorded.

    6.3.2 Evaluation:

    The evaluation committee will determine if the financial proposals are complete and

    without computational errors. The consultant who has submitted lowest financial

    proposal will be invited for negotiations.

    7. Negotiations

    7.1 Prior to the expiration period of proposal validity, the Client will notify the successful

    Consultant in writing by registered letter, cable telex or facsimile and invite himnegotiate the Contract.

    7.2 The aim of negotiation is to reach agreement on all points, and initial a draft contract by

    the conclusion of Negotiations.

    7.3 Negotiations will commence with a discussion of your technical proposal, the proposed

    methodology (work plan), staffing and any suggestions you may have made to improve

    the TOR. Agreement must then be reached on the final TOR, the staffing and staff

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    months, logistics and reporting. Special attention will be paid to optimize the required

    outputs from the Consultants and to define clearly the inputs required from the Client to

    ensure satisfactory implementation of the Assignment.

    7.4 Changes agreed upon will then be reflected in the draft contract, using proposed unit rates.

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

    proposed key professional staff, the Client expects to negotiate a contract on the basis

    these staff named in the proposal and, prior to contract negotiations, will require

    assurance that these staff will be actually available. The Client will not consider

    substitutions during contract negotiations except in cases of unexpected delays in the

    starting date or incapacity of key professional staff for reasons of health.

    7.6 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.

    7.7 The Contract will be awarded after successful negotiations, with the selected

    Consultant. If negotiations fail, the Client will invite the Consultants having submitted

    the second lowest financial offer to Contract negotiations. Upon successful completion,

    the Client will promptly inform the other Consultants that their proposals have not

    been selected.

    8. The Mughal Road Organization does not bind itself in any way to select the firm

    offering the lowest price.

    9. It is estimated that about 10 weeks of services will be required for the as s i gnm en t

    and generally you should base your financial proposal accordingly.

    10. You are requested to hold your proposal valid for 90 days from the last date of

    submission without change the personnel proposed for the assignment and your proposed

    price. The Mughal Road Organization will make its best efforts to select a consultant

    firm within this period.

    11. Please note that the cost of preparing a proposal and of negotiating a contract including

    visits to Jammu and other places, if any is not reimbursable.

    12. Assuming that the contract can be satisfactorily concluded in 10 weeks, you will be

    expected to take- up/commence with the assignment in June 2010.

    13. We wish to remind you that any manufacturing or construction firm, with which you

    might be associated with, will not be eligible to participate in bidding for any goods or

    works resulting from or associated with the project of which this consulting assignment

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    forms a part.

    14. Please note that the remuneration which you receive from the contract will be subject to

    normal tax liability in J&K(India). Kindly contact the concerned tax authorities for further

    information in this regard if required.

    Yours faithfully,

    Sd/-

    Chief Engineer

    Mughal Road Project,

    Sector-2, Channi Himmat,

    JammuEnclosures:

    1. Terms of Reference.

    2. Supplementary Information to Consultants.

    3. Draft contract under which service will be performed.

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    Annexure - 1

    TERMS OF REFERENCE FOR

    PREPARATION OF DPR FOR AVALANCHE CONTROL

    STRUCTURES ON MUGHAL ROAD IN JAMMU AND KASHMIR

    1. Background and Importance:The Jammu and Kashmir divisions of J&K state are separated by Pir Panjal Ranges and are

    presently connected by the circuitous Jammu-Srinagar National Highway No.1A (NH-1A).In

    order to provide a direct link between the districts of Poonch and Rajouri in Jammu Division with

    Kashmir valley, a pressing need was felt to construct a road in the missing link between Bafliaz

    (Poonch district, Jammu)and Shopian district (Kashmir).The road is under execution from March

    2006.

    The ancient route Mughal Road, when developed, will help in overall development of

    the area and mitigate the hardships of People of Poonch & Rajouri.

    It will considerably reduce the travel distances between Poonch and Rajouri Districts

    with Srinagar. As against distances of 540Kms and 455Kms between Poonch & Rajouri

    District respectively with Srinagar via Jammu and NHIA, the distance along Mughal road

    between Srinagar with Poonch and Rajouri Districts shall be only 175Kms and 200Kms

    respectively.

    The Historical background of the proposed road and the beautiful meadows at Pir Panjal

    is expected to attract a large number of tourists, thereby boosting economy of the people.

    Besides the road will benefit the pilgrims from Kashmir Valley who visit the famous shrine of

    Baba Gulam Shah Badshah at Rajouri.

    The National Highway between Jammu & Srinagar (NH-1A) is under tremendous

    pressure with the increase in traffic. The road passes through steep mountainous terrain which

    are prone to landslides, rock falls and geological failures. As a result the road remains closedfor days together not only in winter, but also in summer during rainy season. The two-lane

    road between Bafliaz and Shopian, cutting across the Pir-Panjal mountains, will provide

    substantial traffic relief to NH-1A by diverting traffic of Rajouri and Ponch districts to this

    new road heading for valley and hence shall serve as an alternate seasonal road (April-

    November) connecting Kashmir valley with rest of the country.

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    The proposed road will promote economic, industrial, social and cultural development

    of the project influence area. It will help in raising living standards of the people,

    advancement of the community, improvement in medical, educational, post & telegraph and

    recreational facility. Employment potential in the area will be generated to a large extent.

    The proposed road will give a boost to the agricultural, industrial, building and

    commercial activities in the project influence area, which will create opportunities for

    economic uplift of the people. With the opening of this area to communications, the land value

    will go up. Farmers will get motorable access to the markets for selling their produce and this

    will give impetus to the agricultural production in this area.

    With the adoption of higher standards of proposed road, there will be reduction in the

    vehicle operating costs, fuel consumption, wear& tear of tyres, saving in time of passengers

    and vehicles and faster mobility of essential services. The fatigue and discomfort during travel

    will also be considerably reduced.

    2. Salient Features of Mughal Road:-

    (i) Original and Destination Bafliaz (Poonch in Jammu

    Province) and Shopian

    (Kashmir Province)

    (ii) Location

    Longitude 72

    0

    22

    /

    to 74

    0

    50

    /

    (East)Latitude 33

    037

    /to 33

    043

    /(North)

    (iii) Length of road 84 Km double lane

    (iv) Altitude of obligatory pointBafliaz (Ch: 0) 1650 Mtr (5412 Feet)

    Pir Ki Gali (Ch: 43) 3494 Mtr (11460 Feet)

    Shopian (Ch: 84) 2048 Mtr (6717 Feet)

    (v) Total Project Cost Rs. 639.85 Crores(vi) Executing Agency M/S HCC Ltd. Mumbai(vii) Date of Start March 2006(viii) Date of completion March 2011

    3. Cost Provision in DPR

    The inbuilt provision in DPR of Mughal Road for construction of Avalanche Control

    Structures along the alignment of the road has been kept to the tune ofRs 18.52 Crores.

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    4. Objective:

    The objective is to prepare a comprehensive DPR for Avalanche Control structures for

    Mughal Road based on requisite survey, detailed investigations and rigorous

    design/detailing of such structures along with detailed estimates and BOQ for the work

    which should ultimately pave way for construction of such structures along the alignment

    at vulnerable spots.

    5. Framing the DPR

    Worthwhile to mention that the consultant has to do phasing in his work and accordingly

    frame the DPR which shall consist of two volumes:

    Vol I: Shall incorporate the details of Avalanche Control Structures upto the altitude of

    10,000 ft

    Vol II: Shall incorporate the details of Avalanche Control Structures upto the altitude

    of above 10,000 ft

    6. Scope of Work:

    The scope of the work covers but not limited to the following:

    a) Shall do the requisite ground survey, identify spots and stretches vulnerable to snow

    drifts/blizzards and avalanches along the alignment of Mughal Road.

    b) Shall conduct necessary investigations as may be required for effecting suitablestructures in place in order to mitigate the hazards of avalanches

    c) Shall suggest as to whether adequate provision has been kept in DPR of Mughal Road

    for Avalanche Control Structures.

    d) Shall study various alternatives and recommend most feasible type of Avalanche

    Control Structures that can be constructed keeping in view their suitability, safety,

    economy so that road can be declared all safe throughout winter months.

    (e) Shall carry out detailed structural design considering all likely forces and prepare

    adequate drawings for constructing such structures along with detailed estimates

    and BOQ.

    (f) Shall prepare the Preliminary Feasibility as well as Detailed Project Report for the

    entire work for submission to the Mughal Road Organisation.

    (g) Shall prepare the bidding documents so that Mughal Road Organization can tender

    the work in lieu with DPR submitted by the consultant.

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    (h) Shall tie up with Snow Avalanche Study Establishnment (SASE) of Defence

    Research Development Organisation (DRDO) to incorporate their valuable inputs in

    the DPR to be framed for the work.

    7. Schedule of Completion of Tasks:

    The entire tasks shall be completed within 10 weeks from the date of award of Contract.

    8. Terms of Payment:

    The mode of payments to be made in consideration of the work to be performed by the

    consultants shall be as follows:

    (i) 20% of contract value On submission of the Preliminar Feasibilit Re ort

    (ii) 40% of contract value On submission of the Draft Detailed Project Report

    (iii) 20% of contract value On submission of the Detailed Pro ect Re ort

    (iii) 20% of contract value In Conjuction with Para 11 of TOR.

    9. Data, Services and facilities to be provided by the Mughal Road Organisation:

    The required extract of DPR and RITES Feasibility Report of Mughal Road pertaining to

    Avalanches will be made available to the consultant.

    10. Performance Security

    Within 21 Days of letter of acceptance, the consultant shall deliver to the client a performance

    security in the form of bank guarantee for an amount equivalent to 5% of the contract price. The

    bank guarantee will be released at the time of final payment to the consultant.

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    11. Responsibility for accuracy of Project Reports

    The consultants shall be responsible for accuracy of all data used in the project preparation and

    estimates prepared by him as a part of the project. He shall indemnify the client against any

    inaccuracies in the work. For this purpose, he shall furnish bank guarantee for an amount to the

    extent of 20% of total consultancy fees to be received by him. The bank guarantee shall be valid

    for a period of 2 years from the date of submission of DPR.The final installment of 20% shall be

    released only on receipt of this bank guarantee.

    12. List of key professional* positions whose CV and experience would be evaluated:

    STRUCTURAL ENGINEER:

    The position required as engineer, with Masters Degree or equivalent in structural

    engineering, with minimum 10 years experience. The candidate must be well versant with RCC

    design and should have handled projects in high altitude areas subjected to snow effects, high

    velocity winds. The candidate must have the experience of planning and monitoring geo-technical

    and other investigations for such structures and interpreting the findings thereof. He will also act

    as Coordinator cum Team leader.

    HIGHWAY ENGINEER:

    The Engineer will be a post graduate in highway engineering with at least 6 years of

    professional highway engineering experience of handling project preparation and construction of

    hill roads. He should have handled geometric design of such roads including alignment fixation

    etc. Must have in-depth knowledge of IRC/relevant Codes.

    GEOLOGIST CUM GEO TECHNICAL ENGINEER:

    This position requires an Engineer who should be post graduate in Geotechnical

    Engineering/Rock Mechanics or Ph. D in Geology with 6 years of experience in road projects

    especially hill roads. The candidate should capable of handling in sub-soil investigations, doing

    soil classification studies, studying geologically unstable road stretches, fault studies etc.

    HYDROLOGIST CUM DRAINAGE ENGINEER:

    The candidate should be post graduate/graduate or equivalent with minimum 6 years

    experience of which at least 3 years should be on snow hydrology. Experience with the acceptable

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    study methods, including the physics of snow, ice and glaciers.

    ESTIMATE SURVEYOR:

    He should be a graduate in Civil Engineering/Diploma in Quality Surveying from a

    recognized University/Institution. Graduate in Civil Engineering with at least 6 years work

    experience or Diploma in Civil Engineering with at least 8 years work experience at responsible

    position will also be acceptable. He should have expertise in quantity surveying, BOQ

    preparation, tender documentation etc. He should be conversant with the use of computer software

    for commuting unit rates, quantities and costs.

    FIELD SURVEYOR:

    He should be a graduate in Civil Engineering/Diploma in Quality Surveying from a

    recognized University/Institution. Graduate in Civil Engineering with at least 6 years work

    experience or Diploma in Civil Engineering with at least 8 years work experience at responsible

    position will also be acceptable. He should have expertise in carrying out field survey with total

    station and other equipments, interpreting survey data including necessary plotting. should have

    knowledge of Auto CAD.

    * Key professionals shall not be ex-staff of Mughal Road Organization, PW(R&B)

    Department J&K.

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    Annexure - 2

    SUPPLEMENTARY INFORMATION FOR CONSULTANTS

    Proposals

    (1) Proposals should include the following information:

    (a) Technical Proposal

    (i) A brief description of the firm/organization and an outline of recent experience on

    assignments/projects of same nature executed during the last 5 years in the formatgiven in Form F-2.

    (ii) Any comments or suggestions of the consultant on the Terms of Reference (TOR).

    (iii) A description of the manner in which consultants would plan to execute the

    work. Work plan time schedule in Form F-3 and approach or methodology

    proposed for carrying out the required work.

    (iv) The composition of the team of personnel which the consultant would propose to

    provide and the tasks which would be assigned to each team member in Form F-4.

    (v) Curricula Vitae of the individual key staff members to be assigned to the work

    and of the team leader who would be responsible for supervision of the team.

    The curricula vitae should follow the attached Format (F-5) duly signed by the

    concerned personnel.

    (vi) The consultant's comments, if any, on the data, services and facilities to be

    provided by Mughal Road Organization indicated in the Terms of Reference

    (TOR).

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    (b) Financial Proposals

    The financial proposals should include the following:

    (i) Schedule of Price Bid in Form No.F-6 with cost break-up.

    (2) The proposals should be submitted to Chief Engineer, Mughal Road Project, Sector-2

    Channi Himmat, Jammu.

    (3) Terms of Payment

    The mode of payments to be made in consideration of the work to be performed by the

    consultant shall be as follows:

    (i) 20% of contract value On submission of the Preliminar Feasibilit Re ort

    (ii) 40% of contract value On submission of the Draft Detailed Project Report

    (iii) 20% of contract value On submission of the Detailed Pro ect Re ort

    (iii) 20% of contract value In conjuction with para 11 of TOR.

    Note: All payments shall be made on submission of pre-receipted bills by the consultants

    in duplicate for respective stages.

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    FORM F-1

    From To

    Chief Engineer

    Mughal Road Project

    Sector-2, Channi Himmat

    Sir,

    Subject: -Preparation of DPR for Avalanche Control structures on Mughal Road in J&K

    I/We consultant/consultancy firm/organization herewith enclose

    Technical and Financial Proposal for selection of my/our firm as consultant for Preparation of

    DPR for Avalanche Control structures on Mughal Road in J&K

    Yours faithfully,

    Signature:

    Full name

    and address:

    Signature of(Authorized Representative)

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    FORM F-2

    ASSIGNMENTS OF SIMILAR NATURE SUCCESSFULLY COMPLETED DURINGLAST 5 YEARS

    1. Brief Description of the Firm/Organization:

    2. Outline of recent experience on assignments of similar nature:

    I II III IV V VI VII VIII

    Sl.No. Name of Name of Owner or Cost of Date of Date of Wasassign- project sponsoring assign- commenceme

    completio

    assign-ment authority ment ment

    satisfac-torilycomplet

    Note: Please attach certificates from the employer by way of documentary proof. (Issued by

    the Officer of rank not below the rank of Superintending Engineer or equivalent.)

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    FORM F-3

    WORK PLAN TIME SCHEDULE

    A. Field Study/ Survey/Investigations

    Sl. Item Week wise Program

    No. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th

    B. Compilation and submission of reports supplemented with necessary documents/drawings

    *

    1. Feasibilty Report } As indicated under TOR}

    2. Draft Final Report

    3. Final Report

    C. A short note on the line of approach and methodology outlining various steps for

    performing the study.

    D. Comments or suggestions on "Terms of Reference."

    * Note: Soft Copies ( 3 CD Roms) and Hard Copies (5 sets )

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    FORM NO.F-4

    Composition of the Team Personnel and the task which would be

    assigned to each Team Member

    1. Technical/Managerial Staff

    Sl.No. Name Position Task assignment

    2. Support Staff

    Sl.No. Name Position Task assignment

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    FORM F-5

    SUGGESTED FORMAT OF CURRICULUM VITAE

    FOR MEMBERS OF CONSULTANT'S TEAM

    1. Name:

    2. Profession/

    Present Designation:

    3. Years with Firm/Organization: Nationality:

    4. Area of Specialization:

    5. Proposed Position on Team:

    6. Key Qualifications:

    (Under this heading, give outline of staff member's experience and training

    most pertinent to assigned work on proposed team. Describe degree of

    responsibility held by staff member on relevant previous assignments and

    give dates and locations. Use up to half-a-page.)

    7. Education:

    (Under this heading, summarize college/university and other specialized

    education of staff member, giving names of schools/colleges, etc., dates attended

    and degrees obtained. Use up to a quarter page.)

    8. Experience:

    (Under this heading, list all positions held by staff member since graduation,

    giving dates, names ofemploying organization, title of positions held and location

    of assignments. For experience in last ten years, also give types of activities

    performed and client references, where appropriate. Use up to three quarters of a

    page.)

    9. Languages:

    (Indicate proficiency in speaking, reading and writing of each language by

    'excellent', 'good' or'poor'.)

    Signature of Staff Member Date:

    Recent

    Photograph

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    FORM NO.F-6

    SCHEDULE OF PRICE BID

    Items AmountIn figures In words

    1. Consultancy Services forPreparation of DPR for AvalancheControl Structures on Mughal Road(With separate Cost break upappended herewith)

    Signature of Consultant

    (Authorized representative)

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    Consulting Services

    Draft Letter of Contract/Agreement to be carried out by Consultants

    (Name ofConsultant)

    Subject: Preparation of DPR for Avalanche Control Structures

    on Mughal Road in Jammu and Kashmir

    1. Set out below are the terms and conditions under which (Name of Consultant) has agreed

    to carry out for Chief Engineer, Mughal Road Project the above-mentioned assignment

    specified in the attached Terms of Reference.

    2. For administrative purposes Superintending Engineer, Mughal Road Project has been

    assigned to administer the assignment and to provide [Name of Consultant] with all

    relevant information needed to carry out the assignment. The services will be required in

    Preparation of DPR for Avalanche Control Structures on Mughal Road for about ten

    weeks.

    3. The Chief Engineer, Mughal Road Project may find it necessary to postpone or cancelthe assignment and/or shorten or extend its duration. In such case, every effort will be

    made to give you, as early as possible, notice of any changes. In the event of termination,

    the (Name of Consultants) shall be paid for the services rendered for carrying out the

    assignment to the date of termination, and the [Name of Consultant] will provide the

    Chief Engineer, Mughal Road Project with any reports or parts thereof, or any other

    information and documentation gathered under this Agreement prior to the date of

    termination.

    4. The services to be performed, the estimated time to be spent, and the reports to be

    submitted will be in accordance with the attached Terms of Reference.

    5. This Agreement, its meaning and interpretation and the relation between the parties

    shall be governed by the laws of Union of India

    6. This Agreement will become effective upon confirmation of this letter on behalf of

    (Name of Consultant) and will terminate on expiry of the assignment, or such other date

    as mutually agreed between the Chief Engineer, Mughal Road Project and the (Name of

    Consultants).

    7. Payments for the services provided by the consultant shall be as per details pointed out in

    TOR.The remuneration to the consultant includes all the costs related to carrying out the

    services, including overhead and any taxes imposed on [Name of Consultants.]

    8. The [Name of Consultants] will be responsible for appropriate insurance coverage. Inthis regard, the [Name of Consultants] shall maintain workers compensation,

    employment liability insurance for their staff on the assignment. The Consultants shall

    also maintain comprehensive general liability insurance, including contractual liability

    coverage adequate to cover the indemnity of obligation against all damages, costs, and

    charges and expenses for injury to any person or damage to any property arising out of,

    or in connection with, the services which result from the fault of the [Name of

    Consultants] or its staff. The [Name of Consultants] shall provide the (Name of

    Borrower) with certification thereof upon request.

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    9. The [Name of Consultants] shall indemnify and hold harmless the Chief Engineer,

    Mughal Road Project against any and all claims, demands, and/or judgements of any

    nature brought against the (Name of Borrower) arising out of the services by the

    [Name of Consultants] under this Agreement. The obligation under this paragraph

    shall survive the termination of this Agreement.

    10. The Consultants agree that any manufacturing or construction firm with which they

    might be associated with will not be eligible to participate in bidding for any goods or

    works resulting from or associated with the project of which this consulting assignment

    forms a part.

    11. All final plans, drawings, specifications, designs, reports and other documents or

    software submitted by the [Name of Consultants] in the performance of the Services

    shall become and remain the property of the Client. The Consultants may retain a copy

    of such documents but shall not use them for purposes unrelated to this Contract without

    the prior written approval of the Client.

    12. The Consultant undertake to carry out the assignment in accordance with the highest

    standard of professional and ethical competence and integrity, having due regard to the

    nature and purpose of the assignment, and to ensure that the staff assigned to perform the

    services under this Agreement, will conduct themselves in a manner consistent herewith.

    13. The consultant will not assign this Contract or sub-contract or any portion of it without

    the Clients prior written consent.

    14. The [Name of Consultants] shall pay the taxes, duties fee, levies and other impositions

    levied under the Applicable law and the Client shall perform such duties, in regard to

    the deduction of such tax, as may be lawfully imposed. No claim whatsoever shall beaccepted by the client in respect of taxes payable by the consultant

    15. The [Name of Consultants] also agree that all knowledge and information not within the

    public domain which may be acquired during the carrying out of this Agreement, shall

    be, for all time and for all purpose, regarded as strictly confidential and held in

    confidence, and shall not be directly or indirectly disclosed to any person whatsoever,

    except with the Chief Engineer, Mughal Road Project written permission.

    16. Any dispute arising out of the Contract, which cannot be amicably settled betweenthe parties, shall be referred to the Superintending Engineer, Mughal Road Project,

    the sole arbitrator.

    Place:

    Date ...................................................................(Signature of Authorized Representative

    .......................................... ....................................... on behalf of Consultant)

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

    .......................................... ..........................(Signature & Name of the Client's

    Representative)

  • 8/9/2019 TOR Avalanche

    22/22