Terms of Reference MRIP/AE/01 Authority Engineer Services Package 1 I. Background The Government of Maharashtra has applied for a loan from the Asian Development Bank towards the cost of Maharashtra Road Improvement Project – Phase I (MRIP-I) with the primary objective of improvement of State Highways / Major District Roads under Engineering Procurement and Construction (EPC) Contracts. Public Works Department, Maharashtra (MPWD / Authority) will be Executing Agency (EA) for MRIP-I. Under MRIP I project 470.00 Kms of state highway / major district roads are proposed for improvement under EPC Contracts (as detailed below) and is expected to commence by July 2019. Authority intends to appoint Authority Engineer (AE) for the packages grouped as below: Consult Estimated Estimated Lengt Contra ancy EPC Cost duration of Project Name h in ct Package in Rs the services Km Period No. Crore of The AE* Improvement to NH-66 to Kante Tulsani AE Devrukh Marleshwar Kalakdara ( with Package Marleshwar Branch ) Road (SH 23.50 7 years 60.67 7 years 1 174)(From 0/00 to 57/600 ) EPC Contract Package No EPC1 Improvement to Chafe Ganpatipule Road (MDR 55)(From 0/00 to 10/350 ) EPC 10.35 7 years 23.58 7 years Contract Package No EPC 1 Improvement to Dabhole Shiposhi Korle Vatul Road joining to NH- 17 (SH 28.10 7 years 58.44 7 years 175)(From 0/00 to 28/360 ) EPC Contract Package No EPC2 Improvement to Hatiwale Jaitapur Road (SH 170)(From 0/00 to 23/700 ) EPC 23.70 7 years 47.59 7 years Contract Package No EPC 2 Improvement to Barshi Solapur Akkalkot Dudhani Aland to State border Road SH 204 Km 0/00 to 136/200 Part Barshi to 61.90 7 years 185.13 7 years Solapur Tal. Barshi, Dist. Solapur (SH 204)(From 00/00 to 68/00 ) EPC Contract Package No EPC3 Improvement to Daund karmala Paranda Barshi Osmanabad Road SH 68 Km. 137/260 to 189/120 50.54 7 years 200.88 7 years Dist. Solapur EPC Contract Package No EPC4 Improvement to Daund karmala Paranda Barshi Osmanabad Road SH 68 Km. 208/160 to 250/155 35.22 7 years 144.32 7 years Dist. Solapur EPC Contract Package No EPC 9 AE Improvement to washim pusad road in Package Washim & Yavatmal Dist.SH-51 Km 2 242/200 to 298/00 (AM-X-19 ) (SH- 56.05 7 years 142.96 7 years 51)(From 242/200 to 298/00 ) EPC Contract Package No EPC5 Improvement to Riddhapur Teosa Kurha Anjansingi Dhamangaon Rly Devgaon Babhulgaon Road SH-300 Km. 40/600 to 108/00 and Dhamangaon Byepass Road K.M 0/00 to 5/400 TQ. Teosa Dist. 64.66 7 years 186.24 7 years Amravati & Yavatmal (SH-300 and SH 300 A) (From 40/600 to 55/00, 58/00 to , 83/400, 85/200 to 108/00 and 0/00 to 5/400 ) EPC Contract Package No EPC6 Improvement to Valgaon Daryapur Akot SH 47 Road (Daryapur to Akot) , Dist. Amaravati & Akola. Km 142/00 to 180/00 24.00 7 years 87.65 7 years (38.00 km) (SH 47)(From 142/00 to 180/00 ) EPC Contract Package No EPC7 Improvement to Amla Runmochan Asara Road. Dist.Amravati MDR-21 (17.50 Km) Dist. Amaravati (MDR-21 and SH- 15.02 7 years 73.02 7 years 301)(From 0/00 Daryapur to 17/500 Aasra ) EPC Contract Package No EPC 7 Improvement to Amravati Chandur Rly Talegaon Road Km 32/00 To 49/00 Tq. Chandur Rly Dist. Amravati (SH- 17.00 7 years 46.88 7 years 297)(From 32/00 to 49/00 ) EPC Contract Package No EPC8 Improvement to Riddhapur Lehegaon Ner Pingalai Teosa Road SH-300 Km. 0/00 to 40/800 TQ. Morshi Dist. Amravati 40.80 7 years 141.08 7 years (SH-300)(From 0/00 to 40/600 ) EPC Contract Package No EPC 8 *24 months Construction period+ 5 years Operations & Maintenance period Authority intends to appoint Authority Engineer (AE) for the packages grouped as below: Authority Engineer Consultancy Package No. 1 EPC Contract Package No. 1 (For Ratnagiri and Solapur Circle) EPC Contract Package No. 2 EPC Contract Package No. 3 EPC Contract Package No. 4 EPC Contract Package No. 9 Authority Engineer Consultancy Package No. 2 EPC Contract Package No. 5 (For Amaravati and Yawatmal Circle) EPC Contract Package No. 6 EPC Contract Package No. 7 EPC Contract Package No. 8 The Authority Engineer will be appointed for a period of 7 Years under the provisions of this contract. Interested engineering firms may submit their expression of interest for all the two packages. If the firm gets shortlisted for both packages, RFP will be issued for both packages to shortlisted firms. Firms can submit their bid for both eligible packages. However, a firm will be allotted maximum one package. This selection of package will be based on QCBS including Assessment of Least Cost to department under special circumstances i.e. When an AE with a particular team becomes most preferred bidder (H-1) in more than one package. Details of the assessment procedure will be provided in RFP. II: Objectives of the Assignment To ensure high quality designs and construction of all works, project management, timely implementation of the project, compliance with the safeguards requirements of the contract and ADB’s Safeguards Policy Statements (2009), and generally meeting all contract requirements as per good engineering practices, EPC Agreement, which conforms with applicable standards and technical specifications; To train and build capacity in the Authority’s staff and designated Contractor’s staff; III: Scope of Services, Tasks, Components and expected deliverables. 1. Scope and standards of performance 1.1 These Terms of Reference for the Authority Engineer (“AE”) relate to the EPC Agreement of the MRIP-I projects. The EPC Agreement will be awarded competitively by the MPWD or the Authority (“Authority’’) to the lowest evaluated bidder (subsequently referred to as “Contractor”), in accordance with the “Procurement regulations for ADB Borrowers: Goods, Works, Consulting and Non-consulting services (October 2017), as amended from time to time”. The term the “Authority” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns. The term ‘’Contractor’’ refers collectively to any subcontractors, suppliers, designers, consultants, etc. employed by the Contractor in fulfillment of its obligations provided under the EPC Agreement. The AE will be selected competitively in accordance with the “Procurement regulations for ADB Borrowers: Goods, Works, Consulting and Non-consulting services (October 2017), as amended from time to time”. 1.2 In taking actions and making decisions, the AE shall be guided by professional values of project management, encompassing responsibility, respect, fairness and honesty. The AE shall exercise its responsibility by taking ownership for decisions made, actions taken and the consequences that may result. The AE’s decisions and actions shall be based on the best interests of the parties to the EPC Agreement, as well as public safety and social and environment safeguards. If necessary, the AE shall be ready to take ownership for errors and omissions, promptly communicate them to the affected parties and make corrections. The AE shall be fully familiar with and uphold the agreed policies, rules and the respective rights and obligations of the Authority and the Contractor under the EPC Agreement. The AE shall demonstrate respect by listening to and understanding the views of others, negotiating in good faith and not acting in an abusive and arbitrary manner. It shall always remain the duty of the AE to apply fairness through conduct which is conducive to consistent impartiality and objectivity. Transparency, truthfulness and avoidance and/ or disclosure of real or potential conflicts of interest shall complement the AE’s reputation for honesty. 2.0. General duties and functions 2.1 The AE shall be responsible for the review of designs prepared by the EPC Contractor, including drawings and specifications, superintendence of the EPC Contractor’s performance under the EPC Agreement, progress monitoring, technical and quality control, evaluations of construction, certification and completion of the works by the EPC Contractor, and duties related to taking over and the defects liability period. The AE shall be present at all times during the day-to-day implementation of the Design and Construction Periods and as required for the fulfilment of its assignment during the Operation and Maintenance Period. Having been appointed by the Authority, in consultation with the EPC Contractor, and delegated specific authorities in the EPC agreement, the AE shall be fully responsible for superintendence of the EPC Contractor’s performance in all phases of the EPC agreement. The AE shall at all times, be adequately staffed, in terms of numbers and professional skills, to carry out its responsibilities with the competence and diligence required for this assignment. 2.2 The Authority Engineer may organize his staff and activities as it wants, provided that it satisfies the requirements of these TOR and the contract between the Authority and the EPC Contractor. A list of essential “Key Professional Staff” as well as “ Sub-professional Staff “ is given in subsequent sections of these terms of reference. AE should provide for adequate Non-Key (support) staff including administrative, accounts, and service staff to address the requirements of a project of this nature in an efficient and effective manner. For package number AE-1, the AE should set up his main office in Solapur city and camp office in Ratnagiri city. For package number AE-2, the AE should set up his office in Amaravati city and camp office in Pusad city (District Yawatmal).