Municipal Corporation of Greater Mumbai
REVISED”REQUEST FOR PROPOSALS (RFP)” Selection of Consultants for
Preparation of Report on Environmental studies and obtaining MOEF clearance and Bid Process Management for 06 proposed flyover bridges namely
1) Bridge for Madh - Versova creek in K/W and P/n ward. 2) Bridge for Marve Maori in P/N ward. 3) Bridge for Across Oshiwara River and Malad Creek in K/west, P/south and P/north ward. 4) Bridge over Ramachandra Nalla for Evershine Nagar to Malavni bridge in P/N Ward. 5) Bridge for Lagoon Road to Infinity Mall in P/N Ward. 6) Bridge at Dharivali Village at Marve road in P/N Ward.
REVISION - 2
RFP for Selection of Consultants for P a g e | 1 CONTENTS
Section 1 Detailed Tender Notice Instructions to Consulatnts and Data sheet Section 2 Technical proposal – Standard Forms Section 3 Financial Proposal – Standard Forms Section 4 Terms of Reference Section 5 Forms of Contract (Draft) Section 6 Annexure AA
Annexure BB Section 7 Circulars
RFP for Selection of Consultants for P a g e | 1 Section 1. Detailed Tender Notice
Municipal Corporation of Greater Mumbai
Office of Chief Engineer (Bridges) Engineering Hub Building, Ground floor, Opp. Geeta Talkies, Dr. E.Mozes Road, Near Worli Naka, Worli, MUMBAI - 400 018. e-mail: [email protected]
Consultancy Services for “Preparation of Report on Environmental studies and obtaining MOEF, clearance and Bid Process Management for 06 proposed flyover bridges namely
1) Bridge for Madh - Versova creek in K/W and P/N ward. 2) Bridge for Marve Maori in P/N ward 3) Bridge for Across Oshiwara River and Malad Creek in K/west, P/south and P/north ward. 4) Bridge over Ramachandra Nalla for Evershine Nagar to Malavni bridge in P/N Ward 5) Bridge for Lagoon Road to Infinity Mall in P/N Ward 6) Bridge at Dharivali Village at Marve road in P/N Ward
Background: Mumbai reckoned as the financial capital of the country, houses a population of 12.4 million besides a large floating population in a small area of 437 sq.km., as surrounded by sea and has nowhere to expand. The constraints of the geography and the inability of the city to expand have already made it the densest metropolis of the world. High growth in the number of vehicles in the last 20 years has resulted in extreme traffic congestion. This has led to long commute times and a serious impact on the productivity in the city as well as defining quality of life of its citizens. The extreme traffic congestion has also resulted in Mumbai witnessing the worst kind of transport related pollution.
Mumbai being island city, surrounded on three sides by Arabian Sea, sea links were planned on the western flank and the trans-harbour link on the east to connect the island city to the main land. One of the prime reason sea links were planned as bridges was the restriction placed by the earlier Coastal Regulatory Zones (CRZ) regulations preventing reclamation or stilt roads in the CRZ areas. The CRZ notification dt.06.01.2011 issued by the Ministry of Environment and Forests, Govt. of India (MOEF, GOI) now makes it possible to envisage coastal roads on stilts. The Member of Parliament, Member of Legislative Assembly and Local public at large are requesting construction of 06 proposed flyover bridges as mentioned, both with a view to resolve the traffic congestion in Mumbai and to enable creation of the much needed recreational open spaces.
RFP for Selection of Consultants for P a g e | 2 MCGM intends to seek the assistance of consultants of international repute to undertake work of Preparation of Report on Environmental studies and obtaining MOEF clearance and Bid
Process Management for 06 proposed flyover bridges
Objective:
The objective of this assignment is to prepare report on Environmental Studies for
Clearance of MOEF at Centre & State Level, and assist MCGM in Bid process Management for the 06 proposed flyover bridges.
Scope of services:
Carryout Environmental Studies & getting MOEF, CRZ, MCZMA, Forest, Court and
Defense Clearances.
Detailed scope of services is given in Section 5 of RFP document.
Eligibility Criteria:
The consultancy firms must meet the following eligibility criteria.
A) Minimum 10 years’ experience in consultancy services in transport infrastructure1. B) Experience of pre-tender services including Environmental Studies & getting MOEF, CRZ, MCZMA, Forest, Court and Defense Clearances on stilt/bridge/ elevated road of minimum 1 km, with lane configuration 2+2 or more (execution completed/substantially completed4) with appropriate dispersal system, during last 10 years preceding the Proposal Due Date (PDD). The experiences in all components i.e road on stilt/bridge/ elevated road are not necessary in one project.
C) Average Annual turnover of more than INR 50 Lakhs for the last 3 consecutive financial years preceding the PDD.
D) Experience in advisory services including legal aspects and framework for two EPC projects in transport infrastructure, during last 10 years preceding the Proposal Due Date (PDD).
“1” The Consultant should have provided the consultancy services for transport infrastructure
projects during the last 10 years preceding the PDD.
“2” Experience of Independent Consultancy and/or PMC services shall be considered as
experience for the present assignment.
“3” “length” means length of the main road corridor
“4” “substantially completed” means, more than 80% of the execution is completed
Note :
RFP for Selection of Consultants for P a g e | 3 i. Bidders have to quote financial packet for all six bridges compulsorily, however the quote for each bridge will be mentioned separately.
ii. If the cost of the project is in currency other than INR, the same shall be converted to
INR as per the prevailing rate of conversion on the proposal Due Date (PDD).
The formats to be used for providing the required information related to Eligibility Criteria are as presented in Section 3, Form TECH-2 of the RFP document.
The Consultant shall furnish as part of its Proposal, a non refundable Bid Processing Fee of INR 7700 + GST (Indian Rupees seven thousand seven hundred only) and an Earnest Money Deposit of INR 50,000 (Indian Rupees fifty thousnad only)
The RFP document is available on website: http://portal.mcgm.gov.in from ___/12/2019 onwards. The last date for submission of proposals is __/12/2019 till 17.00 hrs in the office of the Chief Engineer (Bridges) Department, Engineering Hub Building, Ground Floor, Opp. Geeta Talkies, Dr.E.Moses Road, Near Worli Naka, Worli, MUMBAI - 400 018.
Pre proposal meeting will be held on __/__/_____ at 3.00 p.m. in the Conference Hall in the
office of Chief Engineer (Bridges) at above address
In case of any difficulties faced while uploading data by bidders in online process, you can contact on following E-mail ID and Telephone No. before end date and time: IT Help Desk No.:- 022-24811275 E-mail ID :- [email protected]
MCGM reserves the right to reject or accept any or all the RFPs without assigning any reason.
Chief Engineer (Bridges)
RFP for Selection of Consultants for P a g e | 4 Municipal Corporation of Greater Mumbai Ch.E/1971 / Bridges/ dated 05.08.2020 Bid No- 7100180264.
E-TENDER NOTICE (RFP)
The Municipal Corporation of Greater Mumbai (MCGM) invites e-tender to appoint
Consultant for the aforementioned work from Consultant of repute, multidisciplinary engineering organizations i.e. eminent firm, Proprietary/Partnership Firms/ Private Limited Companies/ Public Limited Companies/Companies registered under the Indian companies’ Act 2013. Bidding Process will comprise of THREE stages.
The application form can be downloaded from MCGM's portal (http://portal.mcgm.gov.in) on payment of Rs.7700 + GST. The applicants not registered with MCGM are mandated to get registered (Vendor Registration) with MCGM for e-tendering process & obtain login credentials to participate in the online bidding process.
Earnest Cost of Estimated Sr. Money Time Tender Description of the Work Cost of No Deposit period Copy Project (in Rs.) (in Rs.)
Consultancy works for works
1) Bridge at Madh - Versova creek in
K/W and P/N ward.
2) Bridge at Marve to Maori in P/N ward
3) Bridge Across Oshiwara River and
Malad Creek in K/west, P/south and 10 P/north ward. Rs. 1) 50,000/- Months 4) Bridge over Ramachandra Nalla near Rs 7700/- 1,80,00,000/- Evershine Nagar to Marve Road in + GST
P/N Ward 5) Bridge from Lagoon Road to Infinity Mall in P/N Ward 6) Bridge at Dharivali Village at Marve road in P/N Ward The dates and time for uploading e - Tender & opening of the e - Tenders are as under. The e-tender sale starts from :- ___/___/_____ from 10.30 a.m. The last date & time of e-tender sale:- ___/___/______up to 05.00 p.m. Last date for Submission of e-Tender:- ___/___/______up to 4.00 p.m. ___/___/______at 03.00 p.m. in office of Prebid Meeting Ch.E.(Bridges) ___/___/______at 04.10 p.m. in office of The packet ‘A’ & ‘B’ to be opened on:- Ch.E.(Bridges) ___/___/______at 04.11 p.m. in office of The packet ‘C’ to be opened on:- Ch.E.(Bridges)
RFP for Selection of Consultants for P a g e | 5 The details are available on MCGM’s website (http://portal.mcgm.gov.in), If there are any changes in the dates the same will be displayed on the MCGM portal http://portal.mcgm.gov.in)
Contact Details : Office of Chief Engineer (Bridges.), Engineering Hub Building, Ground floor, Opp. Geeta Talkies, Dr. E.Mozes Road, Near Worli Naka, Worli, MUMBAI - 400 018. e-mail: [email protected] ; [email protected]
In case of any difficulties faced while uploading data by bidders in online process, you can contact on following E-mail ID and Telephone No. before end date and time: IT Help Desk No.:- 022-24811275 E-mail ID :- [email protected]
This tender document is not transferable.
The MCGM reserves the rights to accept any of the application or reject any or all the application received for above subject without assigning any reason thereof.
Sd/-
Ch.Eng.(Bridges)
RFP for Selection of Consultants for P a g e | 6 E-TENDERING ONLINE SUBMISSION PROCESS
E-TENDERING ONLINE SUBMISSION PROCESS
The terminology of e-Tendering is solely depending upon policies in existence, guidelines and methodology adopted since decades. The SRM is only change in process of accepting and evaluation of tenders in addition to manual. The SAP module to be used in this E- tendering is known as Supplier Relationship Module (SRM). SRM is designed and introduced by ABM Knowledge ware Ltd. who will assist MCGM in throughout the tendering process for successful implementation. For Any
NOTE: This tendering process is covered under Information Technology ACT & Cyber Laws as applicable
(1) In e-tendering process some of the terms and its definitions are to be read as under wherever it reflects in online tendering process.
Start Date read as “Sale Date”
End Date read as “Submission Date”
Supplier read as “Contractor/bidder”
Vendor read as “Contractor/bidder”
Vendor Quotation read as “Contractors Bid/Offer” Purchaser read as “Department/MCGM”
I. Before entering in to online tendering process, the contractors should complete the registration process so as to get User ID for E-tendering links. For this, the contractors can access through Supplier registration via MCGM Portal.
There are two methods for this registration :( II and III)
II. Transfer from R3 (registered contractors with MCGM) to SRM a. Contractors already registered with MCGM will approach to Vendor Transfer cell. b. Submit his details such as (name, vendor code, address, registered Email ID, pan card etc.) to Vendor transfer cell. c. MCGM authority for Vendor Transfer, transfers the Vendor to SRM application from R3 system to SRM system. d. Transferred Vendor receives User ID creation link on his supplied mail Id. e. Vendor creates his User ID and Password for e-tendering applications by accessing link sent to his mail ID.
III. Online Self Registration (Temporary registration for applicant not registered with MCGM)
7) Vendor fills up Self Registration form via accessing MCGM portal.
RFP for Selection of Consultants for P a g e | 7 8) Vendor Transfer cell (same as mentioned above) accesses Supplier Registration system and accepts the Vendor request.
9) Accepted Vendor receives User ID creation email with Link on his supplied mail Id.
10) Vendor creates his User ID and Password for e-tendering application.
IV. CONSULATANTS BIDDING: Applicant will Quote and Upload Tender Documents
1) Access e-tender link of SRM Portal
2) Log in with User ID and Password
3) Selects desired Bid Invitation (he wants to bid)
4) To download tender documents Consultants will have to pay online Tender fee. The same can be done by accessing Pay Tender Fees option. By this one will be able to pay Tender fee through Payment Gateway-If transaction successful, Consultants can register his interest to participate. Without Registration one cannot quote for the Bid/Tender.
5) Applicant will download Tender Documents from Information from purchaser tab by accessing Purchaser document folder through collaboration ‘C’ folder link.
6) Applicant will upload Packet A related and Packet B related Documents in Packet A and
Packet B folder respectively by accessing these folders through “My Notes” Tab and collaboration folder link.
7) All the documents uploaded have to be digitally signed and saved. Consultants can procure there digital signature from any certified CA’s in India.
8) Bid security deposit/EMD and ASD, if applicable, should be paid online as mentioned in tender.
9) For commercial details (in Packet C) Consultants will fill data in Item Data tab in Service
Line Item via details and quotes his “Percentage Variation” (i.e.% quoted) figure.(If entered ‘0’ it will be treated as at par. By default, the value is zero only.
10) Applicants to check the bid, digitally signs & save and submit his Bid Invitation.
11) Applicants can also save his uploaded documents/commercial information without submitting the BID for future editing through ‘HOLD’ option.
12) Please note that “Hold” action do not submit the Bid.
13) Applicants will receive confirmation once the Bid is submitted.
RFP for Selection of Consultants for P a g e | 8 14) Bid creator (MCGM) starts Bid Opening for Packet A after reaching End Date and Time and Bid Evaluation process starts.
As per Three Packet system, the document for Packet A & B are to be uploaded by the tenderer in 'Vendor's document' online in Packet A & B. Before purchasing/ downloading the tender copy, tenderer may refer to post- Qualification criteria mentioned in e-Tender Notice.
The tenderer shall pay the EMD/Bid Security through payment gateways before submission of Bid and shall upload the screenshot of receipt of payment in Packet ‘A’ instead of paying the EMD at any of the CFC centers in MCGM Ward Offices.
The e-tender is available on MCGM portal, http://portal.mcgm.gov.in, as mentioned in the
Header Data of the tender. The tenders duly filled in should be uploaded and submitted online on or before the end date of submission. The Packet ‘A’, Packet ‘B’ & Packet ‘C’ of the tenderer will be opened as per the time table shown in Header Data in the Office of Chief Engineer (Bridges)
The Municipal Commissioner reserves the right to reject all or any of the e-Tender(s) without assigning any reason at any stage. The dates and time for submission and opening the tenders are as shown in the Header Data. If there are any changes in the dates the same will be displayed on the MCGM Portal (http://portal.mcgm.gov.in).
SUBMISSION OF TENDER:
PACKET – A
The Packet ‘A’ shall contain scanned certified copies of the following documents.
Scrutiny of this packet will be done strictly with reference to only the scanned copies of Documents uploaded online in packet ‘A’
a) Valid Registration Certificate.
b) Valid Registration of GST. (Please refer circular no. CA.F.Project.City-28 dated 10.11.2017)
c) Certified copies of valid 'PAN' documents and photographs of the individuals, owners, Karta of Hindu undivided Family, firms, private limited companies, registered co- operative societies, partners of partnership firms and at least two Directors, if number of Directors are more than two in case of Private Limited Companies, as the case may be. However, in case of Public Limited companies, Semi Government Undertakings, Government Undertakings, no 'PAN' documents will be insisted.
RFP for Selection of Consultants for P a g e | 9 d) Latest Partnership Deed in case of Partnership firm duly registered with Chief Accountant (Treasury) of MCGM.
e) The bidders shall categorically provide their Email-ID in packet ‘A’.
NOTE:
If the tenderer(s) withdraw tender offer during the tender validity period, his entire E.M.D shall be forfeited. If it is found that the tenderer has not submitted required documents in Packet “A” then, the shortfalls will be communicated to the tenderer through e-mail only and compliance required to be made within a time period of three working days otherwise they will be treated as non-responsive.
PACKET – B
The Packet ‘B’ shall contain scanned certified copies of the following documents –
a. The Technical Proposal as per section 3.
b. Annual financial turnover for preceding three financial years as certified by Chartered Accountant preceding the Financial Year in which bids are invited.
Copies of Applicants duly audited balance sheet and profit and loss account for
the preceding FIVE financial years preceding the Financial Year in which bids are invited. (Proforma – II).
c. Details of Litigation History
Any action of blacklisting, debarring, banning, suspension, deregistration and cheating with MCGM, State Govt., Central Govt. or any authority under State or Central Govt./ Govt. organization initiated against the company, firm, Directors, Partners or authorized signatories shall be disclose for last 5 years from the date of submission of Bid. Also, bidder must disclose the litigation history for last 5 years form the date of submission of bid about any action like show cause issued, blacklisting, debarring, banning, suspension, deregistration and cheating with MCGM and MCGM is party in the litigation against the company, firm, directors, partners or authorized signatories for carrying out
RFP for Selection of Consultants for P a g e | 10 any work for MCGM by any authority of MCGM and the orders passed by the competent authority or by any court where MCGM is a party. While taking decisions on litigation history, the concern Chief Engineer or D.M.C. or Director, as may be the case should consider the details submitted by bidder and take decision based on the gravity of the litigation and the adverse effect of the act of company, firm, directors, partners or authorized signatories on the MCGM works which can spoil the quality, output, delivery of nay goods or any work execution and within the timeframe.
d. The bidder shall give undertaking on Rs 500/-stamp paper that it is his/their sole responsibility to arrange the required machineries either owned/on lease or hire basis, at site before start of the work.
Note:
1. ) The successful bidder shall submit valid registration certificate under E.S.I.C., Act 1948, if the tenderer has more than 10 employees /persons on his establishment (in case of production by use of energy) and 20 employees/persons on his establishment (in case of production without use of energy) to MCGM as and when demanded. In case of less employees/persons mentioned above then the successful bidder has to submit an undertaking to that effect on Rs. 500 stamp paper as per circular u/no. CA/FRD/I/65 of 30.03.2013.
2. ) The successful bidder shall submit valid registration certificate under E.P.F. & M.P., Act 1952, if tenderer has more than 20 employees/persons on his establishment, to MCGM as and when demanded. In case if the successful bidder has less employees/persons mentioned above then the successful bidder has to submit an undertaking to that effect on Rs. 500 stamp paper as per circular u/no. CA/FRD/I/44 of 04.01.2013.
Note:
If it is found that the tenderer has not submitted required documents in Packet “B” then, the shortfalls will be communicated to the tenderer through e-mail only and compliance required to be made within a time period of three working days otherwise they will be treated as non-responsive.
RFP for Selection of Consultants for P a g e | 11 PACKET – C Bidders can quote financial packet for all six bridges, However the quote for each bridge will be mentioned separately.
Online tender filled in either percentage plus or minus (above or below), or at par. (There is no separate provision to quote % in physical form, this is a part in Header Data of online Tendering). For Packet ‘C’ tenderer(s) will fill data in ‘Item Data Tab’ in Service Line Item via Details and quotes his percentage variation figures. (If entered ‘0’ it will be treated as ‘at par’. By default the value is zero only).
As per GCC 2016, Clause No.1.d) Settlement of Disputes:
If any dispute or differences of any kind whatsoever other than those in respect of which, the decision of any person is, by the Contract, expressed to be final and binding) shall arise between the Employer and the Contractor or the Engineer and the Contractor in connection with carrying out of the Works (Whether during the progress of the Works or after their completion and whether before or after the termination, abandonment or breach of the Contract) it, the aggrieved party may refer such dispute within a period of 7 days to the concerned Addl. Municipal Commissioner who shall constitute a committee comprising of three officers i.e. concerned Deputy Municipal Commissioner or Director (ES&P), Chief Engineer other than the Engineer of the Contract and concerned Chief Accountant. The Committee shall give decision in writing within 60 days. Appeal on the Order of the Committee may be referred to the Municipal Commissioner within 7days. Thereafter the Municipal Commissioner shall constitute a Committee comprising of three Addl. Municipal Commissioners including Addl. Municipal Commissioner in charge of Finance Department. The Municipal Commissioner within a period of 90 days after being requested to do so shall give written notice of committee’s decision to the Contractor. Save as herein provided such decision in respect of every matter so referred shall be final and binding upon both parties until the completion of the works, and shall forthwith be given effect to by the Contractor who shall proceed with the works with due diligence, whether he requires arbitration as hereinafter provided or not. If the Commissioner has given written notice of the decision to the Contractor and no Claim to arbitration has been communicated within a period of 90 days from receipt of such notice the said decision shall remain final and binding upon the Contractor.
Appointing of designated officer for contractors grievances The Appellate Authority for Redressal of Contractors’ Grievances shall be as follows:
RFP for Selection of Consultants for P a g e | 12 i. 1st Appeal by the bidder against the decision of C.E./HOD/Dean can be made to con- cerned DMC/Director who should decide appeal in 7 days.
2nd Appeal by the bidder can be made to concerned AMC for decision and his decision will be final.
BARRING PHYSICAL SUBMISSIONS
As the entire tendering procedure is online process, the physical submission of documents shall not be entertained.
Refund of EMD/ASD
EMD /ASD of the bidders from L3 and downwards will be relased immediately in next three days without asking any application from the applicant, at the level of A.E / Ex.Engr through SRM system , and without any insistence of the sanction of the competent authority as the EMD/ASD is a deposit to be refunded immediately of unsuccessful bidder and should not be kept on hold for any reason. Once the system is IT enabled, the same shall be done automatically.
EMD/ASD submitted by the L2 bidder will be returned after obtaining Standing Committee Resolution for awarding the work to L1.
The refund of ASD of Unsuccessful Tenderer is applicable as per Circular under MDD/7878/dtd 27.09.2016.
Legal + Stationary Charges: (As per applicable circular)
Successful tender shall pay the Legal Charges +Stationary charges as per Circular no CA/FRG/37 dtd 05.02.2018
Contract Value Legal + Stationery Charges Upto Rs. 3,00,000/- To Rs. Nil from Rs. 3,00,001/- To Rs. 20,00,000/- Rs. 830/- From Rs. 20,00,001/- To Rs. 1,00,00,000/- Rs. 3240/- from Rs. 1,00,00,001/- To Rs. Any amount Rs. 8070/- (Maximum)
The tenderers are requested to note that stationary charges as given in the table above will be recovered from the successful tenderer for supply of requisite prescribed forms for preparing certificate bills in respect of the work.
RFP for Selection of Consultants for P a g e | 13
Stamp Duty: (As per circular No. CE/ BM/ 17800/II dated 07.01.2016)
It shall be incumbent on the successful tenderer to pay stamp duty on the contract.
i) As per the provision made in Article 63, Schedule I of Maharashtra Stamp Act 2015, stamp duty is payable for “works contract” that is to say, a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its execution and includes a sub-contract, as under :
(a) Where the amount or value set forth in such Five Hundred rupees stamp duty
contract does not exceed rupees ten lakh.
(b) Where it exceeds rupees ten lakhs Five hundred rupees plus one hundred rupees
for every Rs.1,00,000/- or part thereof, above
rupees ten lakh subject to the maximum of
rupees Twenty five lakh stamp duty. (c) Stamp duty @ 0.5% on B.G. amount as well as on extended B. G. amount as per letter of
Commissioner of Stamp under circular under No. जा. .अंमल-I/ 896/2016
23.02.2016.
ii) The successful bidder shall enter into a contract agreement with M.C.G.M. within 30 days from the date of issue of Work Order and the same should be adjudicated for payment of Stamp Duty by the successful bidder.
iii) Further shortfall if any, in amount of stamp duty paid as against prescribed amount for the documents executed in Mumbai City & Mumbai Suburban District be recovered from the concerned work contractors and to deposit the deficit or unpaid Stamp Duty and penalty by two separate Demand Draft or Pay Order in favour of
“Superintendent of Stamp, Mumbai” within 15 days from intimation thereof.
iv) All legal charges and incidental expenses in this respect shall be borne and paid by the successful tenderer.
RFP for Selection of Consultants for P a g e | 14 Section 2. Instructions to Consultants and Data Sheet
Definitions ...... 15
1.Introduction ...... 16
Eligibility...... 20
Origin of Goods and Consulting Services ...... 20
Only One Proposal ...... 20
Proposal Validity ...... 21
2. Clarification and Amendment of RFP Documents ...... 21
3. Preparation of Proposals ...... 21
Language ...... 22
Bid Processing Fee ...... 23
Technical Proposal Format and Content ...... 23
Financial Proposals ...... 25
Taxes ...... 25
4. Submission, Receipt, and Opening of Proposals ...... 25
5. Proposal Evaluation ...... 25
Evaluation of Technical Proposals ...... 26
Public Opening and Evaluation of Financial Proposals ...... 27
6. Negotiations ...... 27
Technical negotiations ...... 28
Availability of Professional staff/ experts ...... 28
Conclusion of the negotiations...... 28
Award of Contract ...... 28
8.Confidentiality ...... 29
Data Sheet ...... 29
a) “Consultant” means any entity that may provide or provides the Services to the MCGM under the Contract; Definitions b) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1 that are the General Conditions (GC), the Special Conditions (SC), and the Appendices;
c) “Data Sheet” means such part of the Instructions to Consultants used to reflect specific country and assignment conditions;
d) “Day” means calendar day;
e) “Government” means the Government of Maharashtra;
RFP for Selection of Consultants for P a g e | 15 f) “Instructions to Consultants” (Section 2 of the RFP) means the document which is provided to the Consultant;
g) “MCGM” means ‘Municipal Corporation of Greater Mumbai’ the agency with which the selected Consultant signs the Contract for the Services;
h) “Personnel” means professionals and support staff provided by the Consultant or by any Sub-Consultant and assigned to perform the Services or any part thereof; “Foreign Personnel” means such professionals and support staff who at the time of being so provided had their domicile outside the INDIA ; “Local Personnel” means such professionals and support staff who at the time of being so provided had their domicile inside India;
i) “Proposal” means the Technical Proposal and the Financial Proposal;
j) “RFP” means the Request for Proposal prepared by the MCGM for the selection of Consultant;
k) “Services” means the work to be performed by the Consultant pursuant to the Contract;
l) “Sub-Consultant” means any person or entity with whom the Consultant subcontracts any part of the Services;
m) “Terms of Reference” (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the MCGM and the Consultant, and expected results and deliverables of the assignment;
n) “Technical Advisory Committee or TAC” means a committee constituted by the MCGM for the purpose of technical guidance to the Consultants and Department for this project.;
o) “DBFOT” means Design, Build, Finance, Operate and Transfer; and
p) “INR” means Indian Rupee(s).
q) “ITC” means Instructions to Consultants
1.Introduction 1.1 The MCGM will select a consulting firm/consortium/ Joint Venture (“the Consultant”) in accordance with the method of selection specified in the Data Sheet.
1.2 The Consultants are invited to submit a Technical Proposal and a Financial Proposal, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for contract negotiations and ultimately for a signed Contract with the selected Consultant.
1.3 Consultants should familiarize themselves with local conditions
RFP for Selection of Consultants for P a g e | 16 and take them into account in preparing their Proposals. To obtain first-hand information on the assignment and local conditions, Consultants are encouraged to visit the MCGM before submitting a proposal and to attend a pre-proposal conference if one is specified in the Data Sheet. Attending the pre-proposal conference is optional. Consultants should contact the MCGM’s representative named in the Data Sheet to arrange for their visit or to obtain additional information on the pre-proposal conference. Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements.
The consultant will arrange for Aerial Survey. In case, any Government agency denies permission for Air survey or procuring the information, it will not be treated as default on the part of consultant. 1.4 The MCGM will assist the firm by issuing necessary recommendation letters in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports. 1.5 Consultants shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. The MCGM is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award. Conflict of 1.6 MCGM requires that Consultants provide professional, objective, Interest and impartial advice and at all times hold the MCGM’s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. 1.6.1 Without limitation on the generality of the foregoing, Consultants, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below: Conflicting (i) A firm that has been engaged by the MCGM to activities provide goods, works or services other than consulting services for a project, and any of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the firm’s consulting services for such preparation or implementation. For the purpose of this paragraph, services other than consulting services are defined as those leading to a
RFP for Selection of Consultants for P a g e | 17 measurable physical output, for example surveys, exploratory drilling, aerial photography, and satellite imagery. Conflicting (ii) A Consultant (including its Personnel and Sub- assignments Consultants) or any of its affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant to be executed for the same or for another Employer. For example, a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and a Consultant assisting a Employer in the privatization of public assets shall not purchase, nor advise purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question. The hired consultant for the present assignment shall not work with any other firm or developer or agency on the same assignment nor would advise on such matters to any other firm except MCGM. Conflicting (iii) A Consultant (including its Personnel and Sub- relationships Consultants) that has a business or family relationship with a member of the MCGM’s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the MCGM throughout the selection process and the execution of the Contract.
1.6.2 Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Employer, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.
1.6.3 No agency or current employees of the MCGM shall work as Consultants under their own departments or agencies. Recruiting former employees of the MCGM and Government to work for their former departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their
RFP for Selection of Consultants for P a g e | 18 government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the MCGM by the Consultant as part of his technical proposal.
Unfair 1.6.4 If a short listed Consultant could derive a competitive advantage Advantage from having provided consulting services related to the assignment in question, the MCGM shall make available to all short listed Consultants together with this RFP all information that would in that respect give such Consultant any competitive advantage over competing Consultants.
Fraud and 1.7 The consultants and their agents (whether declared or not), Corruption personnel, sub-contractors, sub-consultants, service providers and suppliers observe the highest standard of ethics during the selection and execution of such contracts and must not indulge in any corrupt /fraudulent practice defined here under:
(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party1
(ii) “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation2;
(iii) “collusive practices” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party3;
(iv) “coercive practices” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party4;
(v) “obstructive practice” is
(a) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a MCGM investigation into allegations of
1“Another party” refers to a public official acting in relation to the selection process or contract execution. In this context “public official” includes employees of other organizations taking or reviewing selection decisions. 2 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution. 3 “Parties” refers to participants in the procurement or selection process (including public officials) attempting to establish contract prices at artificial, non competitive levels. 4 “Party” refers to a participant in the selection process or contract execution.
RFP for Selection of Consultants for P a g e | 19 a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or
(b) will reject a proposal for award if it determines that the consultant recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; (c) will sanction a firm or an individual at any time.
1.8 Consultants, their agents (whether declared or not), personnel, sub-contractors, sub-consultants, service providers and suppliers shall not be under a declaration of ineligibility for aforesaid (Para 1.7) corrupt and fraudulent practices. Furthermore, the Consultants shall be aware of the provisions on fraud and corruption stated in the specific clauses in the General Conditions of Contract. 1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be paid to agents relating to this proposal and during execution of the assignment if the Consultant is awarded the Contract, as requested in the Financial Proposal submission form (Section 4). Eligibility 1.10 The applicant should fulfil the eligibility criteria as defined in Criteria Section 1 i.e. Detailed Tender Notice
Eligibility 1.11 A firm or an individual sanctioned by the MCGM in accordance with the above para. 1.7 shall be ineligible to be awarded contract by MCGM, during such period of time as the MCGM shall determine.
Origin of 1.12 Goods supplied and Consulting Services provided under the Goods and Contract may originate from any country except if: Consulting Services (i) as a matter of law or official regulation, the Government
of India prohibits commercial relations with that country; or (ii) by an act of compliance with a decision of the United nations Security Council taken under Chapter VII of the Charter of the United Nations, the Government of India prohibits any imports of goods from that country or any payments to persons or entities in that country.
Only One 1.13 Consultants may only submit one proposal. If a Consultant Proposal submits or participates in more than one proposal, such proposals
RFP for Selection of Consultants for P a g e | 20 shall be disqualified.
Proposal 1.14 The Data Sheet indicates how long Consultants’ Proposals must Validity remain valid after the submission date. During this period, Consultants shall maintain the availability of Professional staff nominated in the Proposal. The MCGM will make its best effort to complete process of finalisation of the allotment of work to successful consultant, within this period. Should the need arise; however, the MCGM may request Consultants to extend the validity period of their proposals. Consultants who agree to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirmation of extension of validity of the Proposal, Consultants could submit new staff in replacement, who would be considered in the final evaluation for contract award. Consultants who do not agree, have the right to refuse to extend the validity of their Proposals. 2. Clarification 2.1 Consultants may request clarification, if any, up to the number of and days indicated in the Data Sheet before the proposal submission Amendment date. Any request for clarification must be sent in writing, or by of RFP standard electronic means to the MCGM’s address indicated in the Documents Data Sheet. The MCGM will respond in writing, or by standard electronic means and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Consultants. Should the MCGM deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure under para. 2.2. 2.2 At any time before the submission of Proposals, the MCGM may amend the RFP by issuing an addendum/corrigendum in writing or by standard electronic means. The addendum/corrigendum shall be sent to all Consultants and will be binding on them. Consultants shall acknowledge receipt of all amendments. To give Consultants reasonable time in which to take an amendment into account in their Proposals the MCGM may, if the amendment is substantial, may extend the deadline for the submission of Proposals. At any time before the submission of Proposals, the MCGM may amend the RFP by issuing an addendum/corrigendum in writing or by standard electronic means. The addendum/corrigendum shall be made available on website : http://portal. mcgm.gov .in. The same will be binding on all Consultants. Consultants shall acknowledge receipt of all amendments and shall submit signed copy/ies of all addendum/corrigendum in the envelope containing ‘Technical Proposal’. To give Consultants reasonable time in which to take an amendment into account in their Proposals the MCGM may, if the amendment is substantial, may extend the deadline for the submission of Proposals. 3. Preparation of 3.1 The Proposal (see para. 1.2), as well as all related correspondence Proposals exchanged by the Consultants and the MCGM, shall be written in
RFP for Selection of Consultants for P a g e | 21 English language.
3.2 In preparing their Proposal, Consultants are expected to examine in detail the RFP document. Material deficiencies in providing the information requested may result in rejection of a Proposal. 3.3 While preparing the Technical Proposal, Consultants must give particular attention to the following:
(a) The consultant who intends to submit proposal for consultancy services shall furnish details members, scope of work, and responsibilities of each member. It is essential that the consultant takes all the contractual and technical responsibility for co-ordination, deliverables and quality of work
(b) The estimated number of Key Professional staff-months for the assignment has been shown in the Data Sheet. However, the Proposal shall be based on the number of Professional staff-months assessed by the Consultants. (c) Alternative professional staff shall not be proposed, and only one curriculum vita (CV) may be submitted for each position. At this point of time, it is not possible to predict as to how this project aligns with other projects in Mumbai as a number of projects may be in the proces., if a part gets dropped out, the consultant will get paid for the work done by them on this project. If the scope of the work is reduced before carrying out the work any stretch is dropped, then there will be deduction of consultancy fees.on pro-rata basis. If the consultant has worked for other organizations for eg., MSRDC, for some over lapping portion of project, they will not be disqualified on the grounds of conflict of interest. All the details is such as Bathymetric survey, Topographical survey & Geotechnical investigation reports will be provided by the appointed Technical Consultants.
Language (d) Documents to be issued by the Consultants as part of this assignment must be in the English language (Reference Paragraph 3.1).
RFP for Selection of Consultants for P a g e | 22 (e) The Consultant shall furnish as part of its Proposal, a non refundable Bid Processing Fee of INR 7700 (Indian Bid Processing Rupees seven thousand seven hundred only) and Earnest Fee Money Deposit of INR 50,000 (Indian Rupees Fifty
thousand only) to be paid online. Any Proposal not accompanied by the Bid Processing Fee shall be rejected by the “Municipal Corporation of Greater Mumbai” as
non-responsive.
‘Earnest Money Deposit’ shall be refunded to the
Consultants other than successful Consultant, within 7 working days, after issue of Letter of Acceptance (LOA) to the successful Consultant. The ‘Earnest Money
Deposit’ of the successful Consultant to whom the work will be awarded, will not be refunded. However, the same
will be adjusted, initially, against the ‘Performance Security’ retained by MCGM as per Clause 3.9.1, to the extent of [INR 50,000/- (Indian Rupees Fifty Thousand
only)].
Technical 3.4 Consultants are required to submit a Full Technical Proposal (FTP). Proposal The Technical Proposal shall provide the information indicated in Format and the following paras from (a) to (g) using the attached Standard Content Forms (Section 3).
(a) (i) A brief description of the Consultants’ organization and an outline of recent experience of the Consultants on each assignments of a similar nature is required in Form TECH-2 of Section 3. For each assignment, the outline should indicate the names of Sub-Consultants/ Professional staff who participated, duration of the assignment, contract amount, and Consultant’s involvement. Information should be provided only for those assignments for which the Consultant was legally contracted by the Employer as a corporation or as one of the major firms. Assignments completed by individual Professional staff working privately or through other consulting firms cannot be claimed as the experience of the Consultant, or that of the Consultant’s associates, but can be claimed by the Professional staff themselves in their CVs. Consultants should submit the required documents to substantiate the claimed experience.
If required, MCGM may call for clarification/ confirmation/ relevant documents in respect of claimed project experience, staff experience etc. The consultant shall submit the reply by email within seven days to [email protected]
RFP for Selection of Consultants for P a g e | 23 As regards B under section 1 (Detailed Tender Notice) work shall be considered substantially completed for the projects outside India if they are completed to 80% execution. For projects within India if MOEF clearance has to be obtained as scope of works & where 50% of the project execution would be considered as substantially completed. (b) (i) Comments and suggestions on the Terms of Reference including workable suggestions that could improve the quality/ effectiveness of the assignment; and on requirements for counterpart staff and facilities including: administrative support, office space, local transportation, equipment, data, etc. to be provided by the MCGM (Form TECH-3 of Section 3).
(c) (i) A description of the approach, methodology and work plan for performing the assignment covering the following subjects: technical approach and methodology, work plan, and organization and staffing schedule. Guidance on the content of this section of the Technical Proposals is provided under Form TECH-4 of Section 3. The work plan should be consistent with the Work Schedule (Form TECH-8 of Section 3) which will show in the form of a bar chart the timing proposed for each activity.
(d) The list of the proposed Professional staff team by area of expertise, the position that would be assigned to each staff team member, and their tasks (Form TECH-5 of Section 3).
(e) Estimates of the staff input (staff-months of foreign and local professionals) needed to carry out the assignment (Form TECH-7 of Section 3).
(f) CVs of the Professional staff signed by the staff themselves or by the authorized representative of the Professional Staff (Form TECH-6 of Section 3).
(g) A detailed description of the proposed methodology and staffing for training, if the Data Sheet specifies training as a specific component of the assignment.
3.5 The Technical Proposal shall not include any financial information. A Technical Proposal containing financial information may be declared non responsive.
RFP for Selection of Consultants for P a g e | 24 Financial 3.6 The Financial proposal should be a Lump-sum proposal inclusive Proposals of of GST and as per the circular no CA(F) /FRT/31/29.11.2017. The Financial proposal should be submitted clearly indicating the total cost of the Consultancy in both figures and words, in Indian Rupees, and signed by the Applicant’s Authorized Representative. In the event of any difference between figures and words, the amount indicated in words shall prevail. In the event of a difference between the arithmetic total and the total shown in the Financial Proposal, the lower of the two shall prevail.
3.7 The Financial Proposal shall take into account all expenses associated with the assignment. These shall normally cover remuneration for all the Key Professionals, Support Professionals, Support Staff, accommodation, air fare/ train fare, communication costs, local transportation costs, equipment, printing of documents, surveys/ investigations, etc. The total amount indicated in the Financial Proposal shall be without any condition attached or subject to any assumption, and shall be final and binding. In case any assumption or condition is indicated in the Financial Proposal, it shall be considered non-responsive and liable to be rejected.
Taxes 3.7 The Financial Proposal shall take into account all the tax liabilities. Further, all payments shall be subject to deduction of taxes if any, at source as per Applicable Laws. Kindly refer circular CA(F) /FRT/31/29.11.2017. 3.8 Consultant shall express the price of their services in INR only.
4. Submission, 4.1 The original proposal (Technical Proposal and Financial Proposal; Receipt, and see para. 1.2) shall contain no interlineations or overwriting, Opening of except as necessary to correct errors made by the Consultants Proposals themselves. The person who signed the proposal must initial such corrections. 4.2 An authorized representative of the Consultants shall initial all pages of the original Technical and Financial Proposals. The authorization shall be in the form of a written power of attorney accompanying the Proposal or in any other form demonstrating that the representative has been duly authorized to sign. The signed Technical and Financial Proposals shall be marked “ORIGINAL”. 4.3 The Technical Proposal shall be marked submitted online in packet B 4.4 Deleted 4.5 Deleted 4.6 The MCGM shall open the Technical Proposal as per dates given in tender. 5. Proposal 5.1 From the time the Proposals are opened to the time the Contract is Evaluation awarded, the Consultants should not contact the employee of
RFP for Selection of Consultants for P a g e | 25 MCGM on any matter related to its Technical and/or Financial
Proposal. Any effort by Consultants to influence the Employer in the examination, evaluation, ranking of Proposals, and recommendation for award of Contract may result in the rejection
of the Consultants’ Proposal.
Evaluation Committee of Technical Proposals shall have no
access to the Financial Proposals until the technical evaluation is concluded.
Evaluation of 5.2. Prior to evaluation of Proposals the MCGM’s appointed Technical Proposals ‘Evaluation Committee’ will determine whether each proposal is responsive to the requirements of the RFP. The MCGM may, at its sole discretion, reject any proposal that is not responsive hereunder. A proposal shall be considered responsive only if;
a) The technical proposal is received in the form specified Section -3 of RFP in a book with pagination.
b) It is received by the proposed due date including any extension thereof pursuant to Para 2.2 of ITC
c) It is accompanied by a valid Power of Attorney pursuant to para 4.2 of ITC.
d) It contains all the information (complete in all respect) as required in RFP.
e) It does not contain any condition.
f) The consultant shall comply with the requirements of clause nos. 1.1, 3.2 as mentioned above.
g) The copy of request for proposal (RFP) with relevant addendum, corrigendum signed by the consultant shall be submitted.
h) All the partners of the Consortium / Joint Venture have to sign the proposal.
i) The financial proposal/ packet shall not be opened if the consultant does not comply with the requirements of clause nos 1.1,3.2 and 5.2 as mentioned above
The evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet. Each responsive Proposal will be given a technical score (St). A Proposal shall be rejected at this stage if it does not respond to important aspects of the RFP, and particularly the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Data Sheet.
5.3. MCGM shall not be required to provide any explanation or justification in respect of technical evaluation of proposal. The decision of evaluation committee will be final and will be binding
RFP for Selection of Consultants for P a g e | 26 on all prospective consultants.
Public 5.4 After the technical evaluation is completed, the MCGM shall Opening and inform the Consultants who have submitted proposals the Evaluation of technical scores obtained by their Technical Proposals, and shall Financial notify those Consultants whose Proposals did not meet the Proposals minimum qualifying mark or were considered non responsive to the RFP and TOR. The MCGM shall simultaneously notify in writing, the Consultants those have secured the minimum
qualifying mark, the date, time and location for opening the Financial Proposals. Consultants’ attendance at the opening of Financial Proposals is optional.
5.5 Financial Proposals shall be opened in Packet C as per given dtaes in tender.
5.6 The Evaluation Committee of MCGM will correct any computational errors. When correcting computational errors, in case of discrepancy between a partial amount and the total amount, or between word and figures, the formers will prevail. In addition to the above corrections, as indicated under para. 3.6, activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items. Under the Lump-Sum form of contract has been included in the RFP; no corrections are applied to the Financial Proposal in this respect.
5.7 The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T + Sf x P. The firm achieving the highest combined technical and financial score may be invited for negotiations and will be recommended to Standing Committee of the MCGM for award of contract..
6. Negotiations 6.1 Negotiations will be held by team headed by Municipal Commissioner and Additional Municipal Commissioner concerned, Chief Engineer (Bridges) and Chief Accountant (Finance) as team members, at the date and address indicated in the Data Sheet. The invited Consultant will, as a pre-requisite for attendance at the negotiations, confirm availability of all Professional staff. Failure in satisfying such requirements may result in the MCGM proceeding to negotiate with the next-ranked
RFP for Selection of Consultants for P a g e | 27 Consultant. Representatives conducting negotiations on behalf of the Consultant must have written MCGM to negotiate and conclude a Contract. Technical 6.2 Negotiations will include a discussion of the Technical Proposal, negotiations the proposed technical approach and methodology, work plan, and organization and staffing, and any suggestions made by the Consultant to improve the Terms of Reference. The MCGM and the Consultants will finalize the Terms of Reference, staffing schedule, work schedule, logistics, and reporting. These documents will then be incorporated in the Contract as “Description of Services”. Special attention will be paid to clearly define the inputs and facilities required from the MCGM to ensure satisfactory implementation of the assignment. MCGM shall prepare minutes of negotiations which will be signed by the MCGM and the Consultant. Availability of 6.3 Having selected the Consultant on the basis of, among other Professional things, an evaluation of proposed Professional staff, the MCGM staff/ experts expects to negotiate a Contract on the basis of the Professional staff named in the Proposal. Before contract negotiations, the MCGM will require assurances that the Professional staff will be actually available. The MCGM will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or for reasons such as death or medical incapacity. If this is not the case and if it is established that Professional staff were offered in the proposal without confirming their availability, the Consultant may be disqualified. Any proposed substitute shall have equivalent or better qualifications and experience than the original candidate and be submitted by the Consultant within the period of time specified in the letter of invitation to negotiate. Conclusion of 6.4 Negotiations will conclude with a review of the draft Contract. To the complete negotiations the MCGM and the Consultant will initial negotiations the agreed Contract. If negotiations fail, the MCGM will invite the Consultant whose Proposal received the second highest score to negotiate a Contract.
“Payments will be made to the account of the Consultant and according to the payment schedule stated in the SC. Unless otherwise stated in the SC, the first payment shall be made against the provision by the Consultant of an advance payment guarantee for the same amount, and shall be valid for the period stated in the SC. Such guarantee shall be in the form set forth in Appendix N hereto, or in such other form, as the Employer shall have approved in writing. Any other payment shall be made after the conditions listed in the SC for such payment have been met, and the Consultant has submitted an invoice to the Employer specifying the amount due”.
Award of 7.1 After approval by the Standing Committee /Statutory Committee
RFP for Selection of Consultants for P a g e | 28 Contract of MCGM, the MCGM shall award the Contract to the selected Consultant and promptly notify all Consultants who have submitted proposals. After Contract signature, the MCGM shall return the unopened Financial Proposals to the unsuccessful Consultants. 7.2 The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet or such other date as may be mutually agreed. 7.3 If the Consultant fails to either sign the Agreement as specified in Clause 7.1 or commence the assignment as specified in Clause 7.2, the MCGM may invite the Consultant whose proposal received the second highest score to negotiate a Contract. 8.Confidentiality8.1 Information relating to evaluation of Proposals and recommendations concerning awards shall not be disclosed to the Consultants who submitted the Proposals or to other persons not officially concerned with the process, until the approval of Standing Committee /Statutory Committee of MCGM. The undue use by any Consultant of confidential information related to the process may result in the rejection of its Proposal and may be subject to the provisions of the MCGM’s antifraud and corruption provisions as indicated in clause 1.7.
Data SHEET
Paragraph Reference
Quality and Cost Based Selection (QCBS) Method of selection: Least Cost Selection (LCS)
1.2 Financial Proposal to be submitted together with Technical Proposal: Yes
Name of the assignment is: Preparation of Report on Environmental studies and obtaining MOEF clearance and Bid Process Management for 06 proposed flyover bridges namely 1. Bridge for Madh - Versova creek in K/W and P/n ward. 2. Bridge for Marve Maori in P/N ward 3. Bridge for Across Oshiwara River and Malad Creek in K/west, P/south and P/north ward. 4. Bridge over Ramachandra Nalla for Evershine Nagar to Malavni bridge in P/N Ward 5. Bridge for Lagoon Road to Infinity Mall in P/N Ward and 6. Bridge at Dharivali Village at Marve road in P/N Ward
1.3 A pre-proposal conference will be held: Yes Date: ______at ______hrs.
Chief Engineer (Bridges) In the office of Department, Engineering Hub Building, Ground Floor, Opp. Geeta Talkies, Dr.E.Mozes Road, Near Worli Naka, Worli, MUMBAI - 400 018.
RFP for Selection of Consultants for P a g e | 29 The MCGM’s representative is: Chief Engineer (Bridges)
1.4 The MCGM will provide the following inputs and facilities if available in this office: Reports mentioned in Attachment 5.2 shall be made available as a reference documents. In case of non availability, the consultants have to make their own arrangement,
1.6.1 (a) The MCGM envisages the need for continuity for downstream work: Yes.
1.14 Proposals must remain valid for 180 days after the submission date.
3.3 (a) Short listed Consultants may associate with other short listed Consultants: Not Applicable
3.3 (b) The estimated number of Key professional man-months required for the assignment is: ______The supporting professional staff will be proportionately assessed by the Consultant to complete the assignment successfully.
3.4 The format of the Technical Proposal to be submitted is: NA
3.4 (g) Training is a specific component of this assignment: No
3.6 This is lump sum contract hence reimbursable expenses will not be applicable. However, Information to be provided shall only be used to establish payments to the Consultant for possible additional services requested by the MCGM and the Consultant need to provide the information as per Form FIN-3 of Section 4.
3.7 Amounts payable by the MCGM to the Consultant under the contract to be subject to local taxation: Yes
If affirmative, the MCGM will:
(a) Consultant, Sub-Consultants, and their Personnel shall pay such taxes, duties, fees, and other impositions as may be levied under the Applicable law, the amount of which is deemed to have been included in the Contract Price
3.8 Consultant to state local cost in the national currency: Yes
RFP for Selection of Consultants for P a g e | 30 4.3 Consultant must submit one copy in Original, two hard copies of the Technical Proposal in book form only with pagination along with a soft copy. Financial Proposal must be in Original only.
4.5 The Proposal submission address is:
Chief Engineer (Bridges)
Engineering Hub Building, Ground Floor, Opp. Geeta Talkies, Dr.E.Moses Road, Near Worli Naka, Worli, MUMBAI - 400 018. Proposals must be submitted no later than the following date and time: ______
5.2 (a) Criteria, sub-criteria, and point system for the evaluation of Full Technical Proposals are: Points
i) Specific experience of the Consultants relevant to the [ 20 ] assignment, with NABET accredited consultant or tie up with association (ii) Adequacy of the proposed methodology and work plan in responding to the Terms of Reference: a) Understanding of Scope of Services (6) b) Approach (4) c) Methodology (3) d) Work Plan/ Activity Schedule (4) e) Organisation & Staffing and Manning Schedule (3) Total points for criterion (ii): [20] (iii) Key professional staff qualifications and competence for the assignment: 1) Sr. Bridge Engineer (10) 2) Sr. Highway Engineer (10) 3)Environmental Expert (10) 4)Social and R&R Expert (10) 5) EPC Expert/Contract Specialist (10) 6)Legal Expert (10)
Total points for criterion (iii): [60]
Total points for the above three criteria: 100 Points The minimum technical score required to pass is: 80 Points
Note: To ensure more weightage for more experience, beyond minimum specified in RFP document, the marks mentioned at 5.2(a)(i) of Section 2. (Instructions to Consultants and Data Sheet) shall be calculated as per following formula: a) for attaining minimum experience as specified in the detailed tender notice: 8 Marks
5.2 (b) NA
5.6 The single currency for price conversions is: Indian Rupees
5.7 The formula for determining the financial scores is the following:
RFP for Selection of Consultants for P a g e | 31 Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration.
The weights given to the Technical and Financial Proposals are: T = 0.8 and F=0.2 The Bidder shall be qualified with minimum 80 points from criteria of technical proposal to qualify for the Opening of packet C (Financial Bid)
6.1 Expected date and address for contract negotiations: Date: ______, 2020 Address: Office of Municipal Commissioner, Municipal Head Office, First Floor, Old Building, Mahapalika Marg, Mumbai C.S.T., MUMBAI - 400 001.
7.2 Expected date for commencement of consulting services Date______At: Mumbai
RFP for Selection of Consultants for P a g e | 32
Section 3. Technical Proposal - Standard Forms
[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Technical Proposals; they should not appear on the Technical Proposals to be submitted.]
Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to be submitted, and paragraph 3.4 of Section 2 of the RFP for Standard Forms required and number of pages recommended.
Form TECH-1: Technical Proposal Submission Form ...... 34
Form TECH-2: Consultant’s Organization and Experience ...... 35
A - Consultant’s Organization ...... 35
B - Consultant’s Experience (During last 10 years) ...... 36
Form TECH-3: Comments and Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be Provided by the Employer ...... 37
A - On the Terms of Reference ...... 37
B - On Counterpart Staff and Facilities ...... 37
Form TECH-4: Description of Understanding of Scope of Services, Approach, Methodology and Work Plan/ Activity Schedule for Performing the Assignment ...... 38
Form TECH-5: Team Composition and Task Assignments ...... 39
Form TECH-6: Curriculum Vitae (CV) for Proposed Professional Staff ...... 40
42Form TECH-7: Staffing Schedule1 ...... 42
Form TECH-8 Work Schedule/ Activity Schedule ...... 43
RFP for Selection of Consultants for P a g e | 33 Form TECH-1: Technical Proposal Submission Form
[Location, Date]
To: [Name and address of Employer]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.
We [Insert a list with full name and address of each Consortia/ Joint Venture members ] are submitting our Proposal.
We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, i.e., before the date indicated in Paragraph Reference 1.14 of the Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:
RFP for Selection of Consultants for P a g e | 34 Form TECH-2: Consultant’s Organization and Experience
A - Consultant’s Organization
[Provide here a brief (two pages) description of the background and organization of your firm/entity and each associate for this assignment.]
RFP for Selection of Consultants for P a g e | 35 B - Consultant’s Experience (During last 10 years)
[Using the format below, provide information on each assignment for which your firm, and each associate for this assignment, was legally contracted either individually as a corporate entity or as one of the member of the Consortia/ Joint Venture, for carrying out consulting services similar to the ones requested under this assignment.]
Assignment name: Approx. value of the contract (in current US$ or INR):
Country: Duration of assignment (months): Location within country:
Name of Employer and Contact Details: Total No of staff-months of the assignment:
Address: Approx. value of the services provided by your firm under the contract (in current US$ or Euro):
Start date (month/year): No of professional staff-months provided by associated Completion date (month/year): Consultants:
Name of associated Consultants, if any: Name of senior professional staff of your firm involved and functions performed (indicate most significant profiles such as Project Director/Coordinator, Team Leader):
Narrative description of Project:
Description of actual services provided by your staff the consultant/firm within the assignment:
Firm’s Name: Proof of Consultant’s all experience in the form of attested copies (not less than the rank of Executive Engineer) of the Certificates issued by the Employer or Contract Agreement need to be submitted.
36C - Average Annual Turnover for Last Three Consecutive Years
Firm Name Year of Number of
RFP for Selection of Consultants for P a g e | 36 Registration/ Employees as 1 st Incorporation on 31 March 2012 Firm Member-2 Member-3 Annual Turnover from Consultancy Services (in INR)2 Lead Member Member-2 Member-3 Note: 1. Enclose a copy of Registration document (in case of a consultant not being a Government body/ undertaking/ PSU) 2. Enclose a copy of Audited Financial Statement
Firm/ Lead Member Authorised Signatory of Consortia or Joint Member-2 Member-3 Venture
Signature
Name
Designation
Company/ Firm
Date
Form TECH-3: Comments and Suggestions on the Terms of Reference
and on Counterpart Staff and Facilities to be Provided by the Employer
A - On the Terms of Reference
[Present and justify here any modifications or improvement to the Terms of Reference you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary, or adding another, or proposing a different phasing of the activities). Such suggestions should be concise and to the point, and incorporated in your Proposal.]
B - On Counterpart Staff and Facilities
[Comment here on counterpart staff for coordination and facilities to be provided by the MCGM according to Paragraph Reference 1.4 of the Data Sheet, However no administrative support, office space, local transportation, equipment, etc will be available from M. C. G. M..]
RFP for Selection of Consultants for P a g e | 37 Form TECH-4: Description of Understanding of Scope of Services, Approach, Methodology and Work Plan/
Activity Schedule for Performing the Assignment
Technical approach, methodology and work plan are key components of the Technical Proposal.
You are suggested to present your Technical Proposal (50 pages, inclusive of charts and diagrams) divided into the following five chapters: a) Understanding of Scope of Services; b) Approach; c) Methodology; d) Work Plan/ Activity Schedule; and e) Organization & Staffing and Staffing Schedule a) Understanding of Scope of Services. In this chapter you should explain your understanding of the objectives of the assignment and scope of services. b) Approach. In this chapter you should explain your approach to the services for carrying out the activities and obtaining the expected output, and the degree of detail of such output. You should highlight the problems being addressed and their importance, and explain the technical approach you would adopt to address them. c) Methodology. In this chapter you should explain your Methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. You should also explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with the proposed approach. d) Work Plan/Activity Schedule. In this chapter you should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Employer), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. The work plan/ Activity Schedule should be consistent with the Work Schedule/ Activity Schedule of Form TECH-8. e) Organization & Staffing and Staffing Schedule. In this chapter you should propose the structure and composition of your team. You should list the main disciplines of the assignment, the key expert responsible, and proposed technical and support staff. Present the manning schedule for Key Personnel and Support Personnel as per the understanding on the scope of services, approach and methodology. The Staffing Schedule should be consistent with the Staffing Schedule of Form TECH-7.
RFP for Selection of Consultants for P a g e | 38 Section 3 – Technical Proposal – Standard Forms
Form TECH-5: Team Composition and Task Assignments
Key Professional Staff
Name of Staff Firm Area of Expertise Position Assigned Task Assigned
Supporting Professional Staff Name of Staff Firm Area of Expertise Position Assigned Task Assigned
39
RFP for Selection of Consultants for P a g e | 39 Section 3 – Technical Proposal Standard Form
40 Form TECH-6: Curriculum Vitae (CV) for Proposed Professional Staff
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Firm [Insert name of firm proposing the staff]:
3. Years with the Firm:
4. Present Position in the Firm:
5. Name of Staff [Insert full name]:
6. Date of Birth: Nationality:
7. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment and attested copies of qualification certificates for Graduation/Post Graduation necessarily submitted]:
8. Membership of Professional Associations:
9. Other Training [Indicate significant training since degrees under 5 - Education were obtained]:
10. Countries of Work Experience: [List countries where staff has worked in the last ten years]:
11. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:
12. Employment Record [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held. And experience certificates of professional to substantiate claimed experience shall be submitted]:
From [Year]: To [Year]:
Employer:
Positions held:
RFP for Selection of Consultants for t P a g e | 40 Section 3 – Technical Proposal Standard Form
13. Detailed Tasks Assigned 14. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned [List all tasks to be performed under this assignment] [Among the assignments in which the staff has been involved, indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed under point 11.]
Name of assignment or project: Year: Location: Employer: Main project features: Positions held: Activities performed:
14. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly de - scribes me, my qualifications, and my experience. I understand that any wilful misstatement de- scribed herein may lead to my disqualification or dismissal, if engaged.
Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year
Full name of authorized representative:
RFP for Selection of Consultants for t P a g e | 41 Section 3 – Technical Proposal – Standard Forms
1 42Form TECH-7: Staffing Schedule
2 Name of Staff Staff input in month (in the form of a bar chart) Total staff-month input 1 2 3 4 5 6 7 8 9 10 11 12 n
1 2 3
. N Subtotal
1
2 . n Sub-total Support Staff 1
2 .
n Sub-total Total
1 For Professional Staff (Key Professionals and Support Professionals) the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.). 2 Months are counted from the start of the assignment.
Full time input Part time input RFP for Selection of Consultants for P a g e | 42 Section 3 – Technical Proposal – Standard Forms
Form TECH-8 Work Schedule/ Activity Schedule
2 1 Months N° Activity 1 2 3 4 5 6 7 8 9 10 11 12 n
1 2 3 4 5
n
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Employer approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase. 2 Duration of activities shall be indicated in the form of a bar chart.
RFP for Selection of Consultants for P a g e | 43 Section 3 – Technical Proposal – Standard Forms
B. Completion and Submission of Reports/ Deliverables (as per ToR)
Stage Report No. Description of the Deliverable Month No. 1-1 1-2 1-3 1-4 1-5 1 1-6 1-7 - - - - 2-1
2
2-2 -
RFP for Selection of Consultants for P a g e | 44 Section 3 – Technical Proposal – Standard Forms
Section 4. Financial Proposal - Standard Forms
[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Financial Proposals; they should not appear on the Financial Proposals to be submitted.]
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided under para. 3.6 of Section 2.
Form FIN-1: Financial Proposal Submission Form ...... 46
Form FIN-2: Summary of Costs ...... 47
Form FIN-3: Breakdown of Staff-Month Cost (All inclusive)1 ...... 48
RFP for Selection of Consultants for P a g e | 45 Section 3 – Technical Proposal – Standard Forms
Form FIN-1: Financial Proposal Submission Form
[Location, Date]
To: [Name and address of Employer]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures1]. This amount is inclusive of all the local taxes & duties, except applicable Service Tax which would be reimbursed by MCGM.
Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in Paragraph Reference 1.14 of the Data Sheet.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address:
1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.
RFP for Selection of Consultants for P a g e | 46 Section 4 – Financial Proposal – Standard Forms
47 Form FIN-2: Summary of Costs
Sl. No. Name of Activity Amounts (INR)
In Figures In Words
1. Consultancy Fee inclusive of all the local taxes & duties,
Note: The cost of the consultancy given in the summary above is for the entire work and payment is to be made as per payment schedule. Section 4 – Financial Proposal – Standard Forms
1 Form FIN-3: Breakdown of Staff-Month Cost (All inclusive)
(Information to be provided in this Form shall only be used to establish payments to the Consultant for possible additional services requested by the MCGM)
Name2 Position3 Staff-month Cost in INR
Key Professionals
Support Professionals
Support Staff
1 Form FIN-3 shall be filled in for the same Professional (Key Professionals and Support Professionals) and Support Staff listed in Form TECH-7. 2 Professional Staff (Key Professionals and Support Professionals) should be indicated individually; Support Staff should be indicated per category (e.g.: draftsmen, clerical staff). 3 Positions of the Professional Staff (Key Professionals and Support Professionals) shall coincide with the ones indicated in Form TECH-5. Section-5-Terms of reference
Section 5. Terms of Reference 1. BACKGROUND
1.1 MCGM intends to seek the assistance of consultants of international repute, for Environmental studies and obtaining MOEF, CRZ, MCZMA, Forest, Court and Defense clearances for the 06 proposed flyover bridges.
2. OBJECTIVE AND BROAD SCOPE OF WORK
2.1 Broad Scope of Work 2.2 The project consists of construction of, Elevated Roads, Stilted Roads etc. along the western coast of Mumbai. To achieve the above objectives of the study the overall Study is to be carried in three key Parts, along with preparation of an Intelligent Reality Model of the existing state of site and Virtual Reality Model of proposed to the scale, if required. Sr. No. Particulars Unit 1 Carrying out electronic survey (Total Station Survey), Land Measurements Per km (km) with Geo-referencing Super imposing Tikka Sheet plan on topographic plans (Nos.) 2 Tree Mapping. (Type /Height/Diameter) Per 1000 Trees 3 Carrying out the survey of the alignment using mid height capability Per kilometer mapping drone of Indian licensed manufacturer having various of alignment interoperable medium altitude long endurance 4 The detailed topographic survey of the alignment shall be done using digital Per kilometer aero triangulation and GPS and will be produced in both electronic format of alignment (in X, Y, Z Coordinate system), 3D Models and hard copies. The digital output needs to be a high-resolution 3D model of the existing conditions with a navigable fully photo-textured, geographically located 3D model with precise geometric. A licensed version of the software for future processing needs to be delivered along with the 3d model. Plans, longitudinal sections and cross sections shall be prepared to the scale. 5 The agency needs to use still oblique photography to create 3D vector Per kilometer model of alignment 6 The agency needs to create a scaled 3D rendered model in 3D max software Per kilometer having resolution upto 4K of the structures, utilities etc. based on the of alignment technical specifications and drawings supplied by the Client per structure/ utility 7 The said 3D model of the proposed structures needs to be incorporated on Per kilometer actual model so created of the alignment surroundings of alignment 8 The animation film in Augmented Reality software using the rendered Per minute of models and actual videos with well researched and drafted script in Marathi, rendering/sho Hindi and English languages oting 9 Prepare final documentary film of actual work been done and the challenges Per minute of faced using stock photos and videos) editing and shooting of videos
RFP for Selection of Consultants for P a g e | 49
2.3 It is proposed to take up the assignment in following Parts:
Part 1 Environmental Studies and getting MOEF Clearance. Part 2 Clearance from any other Govt agencies Part 3: Preparation and assistance to appointed Technical consultants in Bid Process Management (appropriately for Turnkey Project/ /EPC Project). Part 4: Clearance from Maritime Board of India and any other Govt agencies. Part 5: Clearance from Forest Department of India and any other Govt agencies Part 6: Clearance from MCZMA and any other Govt agencies Part 7: Clearance from Defense and any other Govt agencies Part 8: Clearance from Court related issues.
2.4 Broad scope of work includes the following
Part-1: Topography Survey
(i) Topography Survey along the preferred alignment; if required.
(ii) Strategic Environmental and social assessment and screening Part-2: DPR Study
(i) Preparation of Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) of System;
(ii) Public Consultation;
(iii) Prepare Strip plan and associated reports for utility relocation, tree cutting and replanting and land acquisition;
(iv) Preliminary Risk Assessment;
(v) Implementation Schedule and Contract Packaging; Detailed project study is required to be done and based on the environmental studies getting MOEF clearance it would be possible to arrive at the recommendation by the consultants. Part-3(A) : Environmantal studies and getting clerarance of MOEF , GOI. i. As per the requirement appointment of expert agency in the field empanelled / accredited by MOEF for the purpose of getting environmental clearance. ii. Carry out environmental studies and prepare detailed report. iii. Collating the Technical inputs. iv. Submission of the proposal to MOEF. v. Follow up with varies concerned state level and centre level agencies of Environmental Department. vi. Follow up with MOEF, GOI & obtain approval. CRZ clearance for this project is not in place. It is one of the task of this assignment
to prepare report on Environmental studies and obtain MOEF clearance.
Part-4: Bid Documents: Turnkey Project/ EPC Project Preparation
3. DETAILED SCOPE OF SERVICES Part-1: Techno- Economic and Financial Feasibility Study
Activity 1.1 to 1.5 deleted
RFP for Selection of Consultants for P a g e | 50 Section-5-Terms of reference
Activity 1.6: Strategic Environmental and Social Assessment and Screening
1.6.1. Strategic Environmental Assessment and Screening (SEAS) is to be undertaken to provide a synopsis of the environmental issues that are relevant to the project corridor and help make the project corridor environmentally sound and sustainable.
1.6.2. During the SEAS, the Consultants shall scope out the extent and type of subsequent EIA that has to be undertaken, provide information/ input required for assessing the technical, economic and financial feasibility of the project corridor and recommend possible modifications in the preliminary project design. Consultants shall develop a management framework for addressing environmental issues in subsequent stages. The environmental and social screening shall help prioritize the sections of the project corridor with regard to environmental issues providing key input whenever phased implementation is envisaged. The Consultants shall keep in mind the particular requirements of the study in carrying out the screening.
1.6.3. Experience has shown that, it is essential that potential displacement and resettlement issues be identified as early as possible in the general process of project development. The objectives of this early and preliminary scope should be the following:
Generate tentative estimate of the magnitude of the displacement and resettlement issues associated with the project, and thereby obtain a first order of magnitude of the potential cost of R&R; Categorize the different types of impacts and losses associated with the proposed footprint; and Consider less impacting alternatives.
1.6.4. The key activities the Consultants should undertake during the SEAS are as follows and details of the scope of these activities are given in Attachment 5.3.
Surveys; Preliminary Analysis of Impact; EIA scoping; and Environmental and social inputs to Alternatives Analysis and preliminary design
1.6.5. The period of the SEAS should be utilized to develop/ enhance linkages with other factors in the overall process of development of the project corridor, including government departments, local administration, NGOs active in the area, and elected representatives by pursuing a pragmatic and incremental approach to stakeholder analysis and consultations. The environmental surveys shall be coordinated with the social and engineering surveys as far as practical. At the conclusion of the SEAS the Consultants shall prepare an Environmental Scoping Report.
Activity 1.7: Initial capital, operating and maintenance cost estimates
RFP for Selection of Consultants for P a g e | 51 Section-5-Terms of reference
1.7.1. The Consultants will assess the broad capital, operation and maintenance (routine and periodic) costs based on recent similar studies.
Activity 1.8: Economic Analysis
1.8.1. The Consultants will carry out Economic Analysis for the project as per prevailing norms and the required sensitivity analysis.
Activity 1.9: Financial Analysis and Funding Options
1.9.1. 1.9.1 to 1.9.4 deleted
1.9.5. The consultant is to prepare a detailed checklist of the potential impacts under each of the identified risk categories and suggest means to reduce, transfer and/or delegate risks, and provide the probability of risk occurrence, prepare an allocation of risk responsibility plan, and develop a risk management plan.
1.9.6. The risk management assessment framework will include quantifiable as well as unquantifiable factors, determine which risks can be avoided or reduced, either technically or by other means, determine which risks can and should be insured against, and develop means to prevent commercial organizational entities from unquantifiable risk. To the extent risks can be mitigated and provided for such measures will be listed and a risk pricing strategy factored in the project cost for risk management. For those risks that may not be manageable through insurance or otherwise, except through allocation to parties, the consultant is to work out a strategy for risk management. The consultant is to develop and present a balanced risk management framework in the form of a risk allocation matrix with due cognizance of the risk absorbing level of each entity involved in project implementation.
1.9.7. Legal Aspects & Framework: The Legal Review will provide information on the relevant laws and regulations that might have an impact on the development of the Project, private sector participation and financing of the Project. The Consultant will examine and suggest suitable legal and institutional frame-work, for implementation, operation and maintenance of the project. This would also include the impact of policy decisions by the Government, amendments to the existing acts, etc., as may be required.
Activity 1.10: Preparation of Feasibility Study Report
1.1. The consultants shall produce in close liaison with MCGM, a Feasibility Report for the project, based on the results of Activities 1-1 to 1-9. The Feasibility Report should have the following contents.
Volume I: Main Report
(i) Executive Summary; (ii) Regional/ State Socio-economic Profile; (iii) Socio-Economic Profile of the project influence area;
RFP for Selection of Consultants for P a g e | 52 Section-5-Terms of reference
(iv) Methodology adopted for the study; (v) Engineering survey investigation surveys/ studies and analysis; (vi) Strategic Environmental and Social Assessment and Screening; (vii) Conclusions and Recommendations.
Volume II: Design Report
(i) Project Road Inventory; (ii) Engineering Survey (land & water) and Investigation Data;
Volume III: Drawings
Based on the analysis, the Consultants will recommend the implementation strategy, mode of financing, implementation schedule and proposed institutional arrangement for time-bound project implementation. The Consultants shall document all the details and analysis carried out under Part I and produce a Part I Report. After studying the options for mode of financing for implementation and maintenance & operation, MCGM will convey the decision on Part II and Part III scope of work.
Part-2: DPR Study
Activity 2.1:
2.1.1. 2.1.1 to 2.1.10 Deleted
2.1.11. Drainage studies: The consultant shall collect adequate information about the drainage pattern to devise the effective drainage system, which brings into focus the need and requisite studies and investigations; the main objectives of the drainage system is fixing the grade line of the road, design surface and subsurface drainage system and pavement design. The drainage investigations shall include but not limited to determination of:
High Flood Level Depth pond level, Water table; Range of tidal levels Surface runoff;
For cut sections in rolling and hilly areas it would be necessary to carry out the special investigations for sub terranean flows and seepage of irrigation water from the fields situated above the road.
2.1.12 and 2.1.13 Deleted
2.1.14 For reclamation of marine/ alluvial clay, Geotechnical investigations are required to be carried out as per best international practices. Safe disposal of the dredged material and location of dumping grounds and cost thereof shall be explored. The option regarding fill material using dredging or other economical methodologies shall be explored. The settlement analysis of the proposed road on reclamation shall be submitted. The environmental aspect of land fill reclamation shall be carried out.
Activity 2.2: Deleted
RFP for Selection of Consultants for P a g e | 53 Section-5-Terms of reference
Activity 2.3: Detailed Engineering design of Road infrastructure including, Bridges/stilt roads, reclamation road and Dispersal System
2.3.1. 2.3.1 to 2.3.11 Deleted
2.3.12. Collection of Data for New Structures: For designing culverts, hydrological, physical and foundation data are required to be collected. In addition, site inspection with local enquiry and a study of the nearby road or sewage/water supply cross-drainage structures on the same or in the vicinity, will provide useful information about HFL, afflux, tendency to scour, the probable maximum discharge, the guidelines specified in IRC:SP19-2001 shall be followed. Design of New Cross-drainage Structure:
The design of new cross-drainage structures include:
a. Estimation of design discharge (runoff and sewage)
b. Choice of type of structure to be provided
c. Determination of waterway and vent height
d. Structural design of foundations, sub-structure and super-structure.
Activity 2.5 to 2.7 Deleted
Activity 2.8: Preparation of Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) of System
2.8.1 The proposed project would be governed by various Acts, rules and regulations set by the Ministry of Environment and Forests (MoEF) at the Central level and other regulatory agencies at the State and local level. Various environmental standards, specifications and guidelines of Central Pollution Control Board (CPCB) and state level agencies will also be applicable. Hence, the required Environmental Impact Assessment (EIA) studies need to be carried out during various stages of the study. The EIA study should be as per the requirements of details furnished in Attachment 5.4.
2.8.2 The consultant shall prepare a detailed report on project for submission to MOEF at central level & other regulatory agencies at state level. If required, the consultant shall appoint expert agency in the field empanelled / acridated by MOEF for this purpose. The consultant shall follow up with the state level and centre level agencies and obtain the necessary clearances for the project. It is the responsibility of the consultant to procure NOC from MOEF for the project. MCGM will only facilitate procuring the NOC.
2.8.3 The consultants shall assist MCGM in preparing proposal for appropriate amendments to be made in CRZ Notification (which does not allow reclamation) for proposed coastal
road in Mumbai for submitting the same to the MoEF, GOI, through Govt. of Maharashtra and getting the same approved from MoEF, G.O.I. 2.8.4 After preparation of EIA studies, the Consultant should prepare an Environmental Management Plan (EMP) or environmental management system to mitigate the adverse environmental impacts. This is to be prepared in accordance with MoEF Guidelines. The
RFP for Selection of Consultants for P a g e | 54 Section-5-Terms of reference
EMP is to include precise proposals for the location and extent of tree planting for the replacement of any trees to be cut down. The EMP should address the details presented in Attachment 5.5.
Activity 2.9: Preparation of Resettlement and Rehabilitation Action Plan
2.9.1 As per Joint Technical Committee’s report, the project does not involve land acquisition and virtually no resettlement component. However, the Consultants shall study the proposal and prepare R&R plans for the affected PAPs due to the project corridor to the extent required. The consultant shall also advise the matter regarding land acquisition, if any. The consultant should undertake a census and socio-economic baseline survey of Project Affected Persons. Undertake consultation with key stakeholders Refine the Entitlement Framework, and Draft the Resettlement Action Plan (and if necessary the Resettlement Policy Framework). The RAP should address the details presented in Attachment 5.5.
Activity 2.10: Public Consultation
2.10.1 The Consultants shall assist MCGM in organizing public consultation to provide inputs of local knowledge and to obtain the views and preferences of the public on the engineering designs. The consultant is to develop a consultation plan which is to contain details of the type of consultation (surveys, meetings and focus groups) the mechanisms, and the topics to be covered. It is envisaged that the actual consultation will be managed by MCGM, with the Consultants preparing the program, providing the consultation material and undertaking the technical work of consultation under the MCGM banner.
All the statutory payments and costs towards organizing public consultation, making
arrangements and mechanism have to be borne by Consultants.
Activity 2.11: Fix ROW for accommodating the main carriageway, service lanes for local traffic, provision for all the utilities (Water supply, sewerage, drainage, power, communications etc)
2.11.1 The Consultants shall develop a standard RoW width and cross section to accommodate the road and utility requirements resulting from the preliminary design. As the project has different structural elements elevated, tunnel, embankment, stilt road, reclamation road etc., the Consultants to prepare different cross sections for different sections. From the output of the design activities, Consultants shall also identify the locations where a larger RoW will be required to accommodate interchanges, toll plazas, public transport interchanges, etc. The Consultants should also identify locations where the RoW may need to be reduced due to land acquisition, topographical or environmental constraints.
Activity 2.12: Prepare Strip plan and associated reports for utility relocation, tree cutting and replanting and land acquisition
RFP for Selection of Consultants for P a g e | 55 Section-5-Terms of reference
2.12.1 Using the material from activities above, the Consultant shall prepare a base map of the project corridor showing the location of the road carriageways and structures. On this
base map, the Consultant shall show the following: Location of existing utility services (both underground and above ground), and the scheme for their relocation, including any possible land acquisition requirements; Location and type of trees to be felled and the planting scheme for their replacement; and Land to be acquired.
2.12.2 The map is to be accompanied by separate reports giving details of
The number and types of trees to be felled, the number and types of trees to be replanted, and with estimates of cost; The schedule and costs of the relocation of utilities and the financial and contracting arrangements for the relocation, agreed with the concerned department. The report should indicate clearly the procedures and lead times needed for relocation of each utility that can be input to overall implementation schedule for the project in order to mitigate the risk of utility relocation delaying project implementation; and The costs, schedule and financial arrangements for land acquisition.
2.12.3 Tree Cutting and Replacement: The Consultants shall identify the trees within the proposed ROW which are required to be cut/ transplanted during the construction phase of the project and number the same. The Consultants shall identify such trees by type of girth and its distance from the centre line of the proposed road and prepare a tree cutting proposal for submission to Tree Authority of MCGM, Forest Department, etc. The Consultants shall obtain approval for the proposal after necessary compliance to the remarks made by Tree Authority. Deposit for the trees to be cut shall be the responsibility of concerned Project Implementation Agency. Requirement of compensatory plantation in lieu of the trees to be cut shall be prepared following the norms and practices of Tree Authority of MCGM, Forest Department, etc.
2.12.4 Land Acquisition Proposals: The consultant shall prepare Cadastral maps wherein the lands and properties which are getting affected on account of implementation of the project shall be marked precisely. For preparation of maps for land acquisition the consultant shall collect the relevant information such as survey number, name of owners, and area etc for preparation of Land acquisition proposals. The Consultant shall obtain available city survey maps and super impose the Cadastral survey on the city survey maps. The ROW proposed to be acquired shall be set out on ground and joint measurements shall be made for the lands /structures affected along with revenue officials. In case the city survey maps are not available with the concerned Authority, the Consultant shall prepare maps acceptable to the competent Authority so as to enable it to initiate and complete the land acquisition proceedings. The consultant shall also prepare a land acquisition proposal for Authority and comply with remarks which
RFP for Selection of Consultants for P a g e | 56 Section-5-Terms of reference
the competent MCGM may make during the process of Land Acquisition. The Land acquisition proposal contain the following details
i. Government owned; land unencumbered;
ii. Privately owned land unencumbered;
iii. Land in open setback owned by the Government or private falling within ROW;
iv. Built up setback to be acquired for till ROW; and
v. Land occupied by the slum /land occupied by declared slum.
2.12.5 The Consultant shall set the ROW on ground as per the approved final alignment and get it verified from the concerned Authority before preparing the LA plans/ R&R plans.
Activity 2.13: Preliminary Risk Assessment 2.13.1 In conjunction with concerned departments, the Consultants shall make a preliminary assessment of the potential risks to the project which could result in substantial increase in costs over and above the increase covered by normal contingencies.
Activity 2.14: Implementation Schedule and Contract Packaging 2.14.1 The consultant is to prepare a works schedule for implementation of the project corridor (each phase of the corridor development) such that key dates may be included within the contract document and thus assist supervision of the contractor. Although final arrangements shall be the responsibility of the contractor, the Consultants shall prepare an initial temporary traffic diversion plan, in conjunction with the implementation schedule, such that the contractor may include for such work in overall contract cost estimate. An initial packaging of contracts is also to be prepared. Activity 2.15 to 2.20 Deleted
Activity 2.21: Preparation of Detailed Project Report (DPR)
2.21.1 The consultants shall a Detailed Project Report for the project corridor, based on the results of
Activities 2-1 to 2-20. The DPR should have the following reports. I Executive Summary II Main Report; III Design Report; IV Materials Report; V Engineering Report; VI Drainage Design Report; VII Economic and Financial Analysis Report; VIII Environmental Assessment Report; and IX Resettlement Action Plan (RAP).
Compilation of all the design & GAD details given by appointed design consultant.
2.21.2 The Tables of Contents of the individual reports are shown in Attachment
Part-3(A) Environmantal studies and getting clerarances of MOEF , GOI.
i. As per the requirement appointment of expert agency in the field empanelled / accri dated by MOEF for the purpose of getting environmental clearance.
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ii. Carry out environmental studies and prepare detailed report. iii. Collating the Technical inputs. iv. Submission of the proposal to MOEF. v. Follow up with various concerned state level and centre level agencies of Environmental Dept vi. Follow up with MOEF, GOI & obtain approval. Part-3(B) Obtaining clearances from National Airport Authority of India and any other Govt agencies i. Preparation and submission of proposal for the Clearance from National Airport Authority of India for the proposed Tunnel passing through the land of Juhu Airport ii. Follow up with National Airport Authority of India, GOI & obtain approval iii. Submission of the proposal to other various state level and centre level agencies whenever required for the implementation of the project. iv. Follow up with the concerned state level and centre level agencies and obtain clearances.
Part-4 Bid Process Management: Turnkey Project Preparation
Activity 4.1 and 4.2 Deleted: Activity 4.3: Assist MCGM in bid process management Activity 4.4 to 4.6 Deleted: 5. Deliverables, Time and Payment Schedule
The total duration of the present assignment shall be 10 months. The Consultant shall deliver the following deliverables (the “Deliverables”) during the course of this Consultancy.
Deliverables: Payment Schedule : (for Each Location Separately) Sr.No. Description of the Deliverable Payment (% of Consultancy total fees ) 1 Inception report 15 % 2 Report on Environmental and social impact assessment. 20% 3 Draft DPR 10 % 4 MoEF/ Forest Clearance 10% 5 CRZ / MCZMA Clearance 10% 6 Maritime Board Clearance 10 % 7 HighCoart & Mangrooes NOC 10 % 8 Final report with Submission of all clearances / NOC’s 15 % Total Fees 100%
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* Additional payment shall be made for additional copies of Bid Documents @ Rs. 2,000/-
** Payment of each deliverable shall be release after the approval of the respective delivery.
No mobilization advance shall be paid. After achieving deliverables approval will be obtained from competent authority and payment will be released against that deliverable within three weeks. However, if approval is not received within 3 weeks, 75% of the amount due, against deliverable will be released after three weeks. If deliverables are disapproved, no payment will be made.
6. Consultancy Team
6.1 The Consultant shall form a multi-disciplinary team (the “Consultancy Team”) for undertaking this assignment. The following Key personnel/ professionals whose experience is briefly described herein would be considered for evaluation of the Technical Proposal. The CVs of the Key personnel should be highlighted the relevant experience to be considered for the eligibility and evaluation.
List of Key Personnel/ professionals: Qualification, Experience and Minimum Time Requirement Minimum Time Sl. Educational Experience in Assignments Key Personnel Required No. Qualifications (in months) 20 years of professional experience in case of 8 Graduate 1 Sr. Bridge Graduate in Civil in Civil Engineering or 20 years of professional Engineer Engineering or Post experience in case of Post Graduate in Structural (Team Leader) Graduate in Engineering Structural Engineering Minimum 5 years of experience in similar capacity and involved for at least 10 years for Bridge/ Highway/ Road Development Projects. Should have handled in similar capacity at least two Project Preparation works of major Road
on stilt Projects/ Road Tunnel Projects costing more than INR 5 billion or of at least 3 km length.
15 years of professional experience 8 2 Sr. Highway Post Graduate in Engineer Highway Minimum of 5 years in Highway Designing (Dy.Team Leader) Engineering works. Transport Planner Should have handled at least 4 major four lane road projects. Major bridge /flyover/elevated highway of length not less than 3 km.
3 Environmental Post Graduate in 10 years of professional experience 10 Expert Environmental Minimum of 5 years in EIA and SIA studies Science for at least 2 Major Highway Projects 4 Social and R&R Post Graduate in 10 years of professional experience 10 Expert Social Science Minimum of 5 years in SIA studies for at least 2 Major Highway Projects
5 PPP Expert/ Post Graduate in Should have more than 10 years of advisory 4 Contract Specialist Management / experience particularly in contracting, pricing Chartered and regulations and should have worked on at Accountant / RFP for Selection of Consultants for P a g e | 59 Section-5-Terms of reference
Minimum
Sl. Educational Time Experience in Assignments Key Personnel Required No. Qualifications (in months) least 3 PPP infrastructure projects each costing Equivalent not less than INR 5 billion.
4 6 Legal Expert* Graduate in Law or 10 years of professional experience and should equivalent have worked as a legal expert for at least 3 (three) PPP infrastructure projects each costing not less than INR 5 billion.
“*” The Legal Expert may also be from a firm other than the Consortium/ Joint Venture members.
Note: The Consultant should nominate one of the Key Professional as Team Leader.
In addition to the above Key Personnel/ Key Professionals, Consultants need to consider the following Support Professionals having relevant educational qualifications, adequate expertise and experience to support the Key Personnel/ Key Professionals in delivering the scope of services.
1. Survey Engineer; 2. Marine Engineer with experience in coastal structures.
Consultants need to provide brief CVs (educational qualifications, expertise and experience) for the above Support Professional staff in summary tabular form. However, the same will not be considered for evaluation of the Technical Proposal.
7. Reporting
7.1 The Consultant will work closely with the MCGM. The MCGM will constitute a Technical Advisory Committee (TAC) for the purpose of technical guidance to the Consultants and monitoring of the assignment.
7.2 The Chief Engineer (Bridges) of the MCGM will be responsible for the overall coordination and project development. He will play a coordinating role in dissemination of the Consultant’s outputs, facilitating discussions, and ensuring required reactions and responses to the Consultant.
7.3 The Consultant may prepare Issue Papers/ Working Papers highlighting issues that could become critical for the timely completion of the Project and that require attention from the MCGM.
7.4 The Consultant will make a presentation on all the reports submitted for discussion with the Technical Advisory Committee. The Consultant is required to prepare and submit a monthly progress report that includes and describes, inter alia, general progress to date; data and reports obtained and reviewed, conclusions to date, if any; concerns about availability of, or access to, data, analyses, reports; questions regarding the TOR or any other matters regarding work scope and related issues; and so on. The Consultants’ work on the TOR tasks should continue while the report is under consideration and is being discussed.
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7.5 Regular communication with the Chief/ Chief Engineer is required in addition to all key communications. This may take the form of telephone/ teleconferencing, emails, faxes, and occasional meetings.
7.6 The Deliverables will be submitted as per schedule provided in this RFP.
8. Data and software to be made available by the MCGM
The MCGM shall allow the Consultants for referring major study reports relevant for the study which are presented in Attachment 5.2. Available data as may be required by the Consultant will be provided by the MCGM on request, if available. The Nodal Officer designated by the MCGM shall facilitate handing over of such information to the Consultant. The Consultant’s team shall interact with staff of the MCGM in making use of CTS for MMR planning parameters and models for assessment of traffic on the project corridor for various horizon years.
9. Completion of Services
9.1 All the study outputs including primary data shall be compiled, classified and submitted by the Consultant to the MCGM in soft form apart from the reports indicated in the Deliverables (Section 3). The study outputs shall remain the property of the MCGM and shall not be used for any purpose other than that intended under these Terms of Reference without the permission of the MCGM.
Attachment 5.1
Deleted.
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Attachment 5.2
Strategic Environmental Assessment and Screening
Surveys: The Consultants shall collect information on the existing environment scenario from secondary sources, and identify gaps to be filled, relevant to the environmental screening needs from primary surveys. The consultants shall survey the environmentally sensitive locations on and along the project road, as well as within the project’s influence area. The consultants shall extensively use the video records of the project road (carried out as part of the engineering surveys). All regionally or nationally recognised environmental resources and features within the project’s influence area shall be clearly identified, and studied in relation to activities proposed under the project. Typically, these will include stretches with significant roadside trees; environmental and common property resources such as forests, large water bodie, bays, mangrove forests, estuaries etc and major physical cultural properties. All these may be depicted using a line diagram or a strip map.
Preliminary Analysis of Impacts and Management Measures: The consultants shall conduct a preliminary analysis of the nature, scale and magnitude of the impacts that the project is likely to cause on the environment, especially on the identified VECs, and classify the same using established methods. For the negative impacts identified, alternative mitigation/management options shall be examined, and the most appropriate ones suggested. The preliminary assessment should clearly identify aspects where the consultants shall also analyse indirect and cumulative impacts during all phases and activities of the project. For the positive measures identified, alternative and preferred enhancement measures shall be proposed.
EIA Scoping: This shall be a direct outcome from the environmental screening. The consultants shall define boundaries of the project EIA after a careful consideration of the baseline scenario, likely impacts on the identified VECs, and the proposed mitigation and enhancement measures. The scoping shall include that which will be covered in the project EA along with the “how, when and where” of each activity recommended. It shall include a listing of other environment issues that do not deserve a detailed examination in the project EA (covering, for example, induced impacts that may be outside the purview of the Employer) along with a justification. The scoping needs to identify and describe the specific deviations or inclusions vis-à-vis the original ToR, if any, along with a justification; modify the ToR for the project EA, if required; and recommend studies that need to be conducted in parallel but are outside the EA process.
Environmental and Social inputs to Alternatives Analysis & Preliminary Project Design: The EA consultant shall make design recommendations, related to alignment (major/minor shifts, bypasses or different route alternative), road cross-sections, construction material use, and mitigation & enhancement measures. The EA consultant shall interact regularly with the engineering consultants and familiarize themselves with the project’s overall feasibility analyses models, so that the EA inputs are in conformity to the needs of the overall Study (for all the different alternatives under consideration).
In the cases of very significant environmental losses or benefits, the consultants shall estimate the economic/financial costs of environment damage and the economic/financial benefits the project is likely to cause. In the cases, the impacts or benefits are not too significant, qualitative methods could be used. In addition, wherever economic and financial costs of the environmental impacts cannot be satisfactorily estimated, or in the cases of significant irreversible environmental impacts, the consultants shall make recommendations to avoid generating such impacts.
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Attachment 5.4
Environmental & Social Assessment
SCOPE OF WORK
The scope of work for the Environmental & Social Assessment shall include but not limited to the following:
ENVIRONMENTAL ASSESSMENT
Task 1: Description of Proposed Project:
The Consultant should provide a brief description of the proposed project using maps at appropriate scale. The magnitude of the proposed development with respect to the existing facilities including those used by the fishing and other communities should be clearly described. The description should include information on expected increase in traffic on the bridge (with due consideration of seasonal variations), related rise in road and metro traffic volumes during the design period at five year interval, present and proposed transportation routes, expected additional demand on social infrastructure due to the proposed development and present and proposed land used in the study area.
Information on pre construction and post construction activities, schedule including the quantities of construction material and haul routes, work force and support facilities and services, operation and maintenance activities, required off site investment and life span should also be provided.
Task 2: Existing Environment and Base Line Condition Data Collection
The Consultant will collect and present data on relevant physical, biological and socio economic conditions for the entire catchment area. Broadly, the following form of the data categories should be covered.
Physical: Geology, topography, soils, climate and meteorology (with emphasis on critical seasons) ambient air quality, surface and ground water hydrology, existing source of air emissions, existing water quality status for the terrestrial environment, bathymetry, tidal ranges, coastal currents, water quality and sediment quality for the marine environment.
Biological: An inventory of flora and fauna, sensitive habitats and endangered species, and parks and reserves.
Socio Economic Conditions: Population, land use, plant development activities, community structures, employment, distribution of income and civic amenities.
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Field surveys and data collection as part of is expected to be limited to:
Coastal Hydrology: Observations on coastal currents project area (at about three locations as required as per best practicing standard ) for spring and neap tides to provide a clear idea on movement of coastal waters along with tracer study for dye/ floats release to provide quantitative estimate of impact of the project on siltation of creeks estuciries , bays etc. Concurent total observations should also be carried out at two suitable locations along the eastern coat of Island city and western coast of main land.
Coastal Water and Sediment Quality: Observations on coastal water and sediment at locations within the project area to define the existing status of aquatic Eco systems. The observations should cover but not to be limited to physic chemical parameters including DU, BOD, nutrients, oil and grease and heavy metals; bacteriological quality (total and faecal coliforms) and biological parameters (phytoplankton, zooplankton and benthos)
Ambient Noise: Observation should cover sensitive receptors near existing and proposed main transport corridors to provide ambient Leq (day) and Leq (night) levels should be covered and repeated on three days at each location. All sensitive receptor sites should be covered by the survey.
Ambient Air Quality: Observations should cover sensitive receptors near existing and proposed main transport corridors to provide observations for three consecutive days at a minimum of eight locations should be made.
The Consultant however encouraged to use professional judgment and local knowledge in further defining data requirement.
Task 3: Environmental Impacts
The Consultant will identify positive and negative impacts likely to result from the proposed
project, interpreting “environmental” through the EA to include Socio economic impacts as well impacts on the natural environment. Opportunities for enhancement of environmental and socio economic should be explored.
The Consultant will identify and obtain data on all project activities and schedules during the construction and operation phases. A closed interaction between the teams conducting environmental and technical studies is expected at this stage. The Consultant will establish the probable impacts of all project activity and clearly describe the methodology for their assessment.
While evaluating the project impacts special attention should be given to the impacts due to the: Construction activities Movement of construction material Visual intrusion Long term impacts on Marine environment due to reclamation, road bridges. Chemical discharge into marine environment due to cargo handling and Impacts of change in traffic on existing and proposed transportation corridor
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The evaluation of social impacts will include probable community severance and adverse impact on the availability and access to natural resources to the existing population due to the project.
While evaluating the project impacts special attention needs to be paid to safe guard of local fishing resources.
The extent and quality of available data, key data gaps, and uncertainties associated with predictions should be described. Wherever possible, impact should be described in quantitative terms. Topics that do not require further attention should be specified. Any impacts that are irreversible and/or cannot be avoided or mitigated should be identified. It is desirable that proposal should describe the approach for prediction of impacts in adequate details to make the procedure transparent.
The Consultant will also include the salient findings of technical studies on impacts of the proposed construction on coastal hydrodynamics with emphasis on probable siltation or beach / coastal erosion.
Task 4: Analysis of Alternatives
The Consultant will make a systematic comparison of alternatives considered during project planning and pre-feasibility studies (i.e. alternatives for transport, sources of construction material-metal and earth fill, replacement of traditional construction material by locally available substitute), plus alternatives considered in the feasibility study and alternatives that may be proposed in EA itself. The alternatives should be compared in terms of environmental impacts and social impacts (i.e. involuntary resettlement); capital and recurrent cost including the mitigatory measures and suitability under local conditions. The no action alternative must be included in the analysis.
Task 5: Environmental Management Plan
Mitigation Plan: For each significant negative impact, the Consultant should recommend and describe a measure to avoid, mitigate (reduce to acceptable levels) or when unavoidable, to compensate for the damage. The description should include an estimate of capital and recurring course and should identify the party responsible for implementation. Any requirements for institutional strengthening of responsible party should be stated. The complete set of recommended measures-in the management plan (EMP)- should also be presented in a summary table. Allocation of institutional responsibilities should be clearly specified. Whenever possible, mitigation measures that will be the responsibility of the construction contractor or O&M contractor should be formulated as contract clauses to be incorporated in the construction agreement. In addition, the government agency responsible for implementation and supervision should be identified. The Consultant should also recommend the composition of the neighborhood committee to supervise effective implementation of mitigatory measures.
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Monitoring Plan: The Consultant should specify the types of monitoring needed for the potential environmental impacts during construction and operation. As in case of mitigation plan, requirements should be specified as to what is to be monitored, how and by whom with clear delineation of responsibilities between the Special Purpose Vehicle (SPV), operator and state agency). Cost estimates are necessary and where monitoring reports are to be prepared, the recipient responsible for review and any corrective action should be identified. While formulating the environmental monitoring plan the Consultant should take in to consideration the environmental guidelines for road/ metro and highway projects by MoEF.
SOCIAL ASSESSMENT
The social assessment (SA) should be carried out through field surveys, discussions with the appropriate Government agencies, local NGOs and the communities with the objective of the following:
The Consultant shall identify major social issues due to land acquisition/ land transferred consequent risk, status of each issue, and outline mitigation measures including the details of people affected by the project and the means for their rehabilitation and its costs. The earlier environmental and social assessment report would be the guiding framework for undertaking the social assessment study. The social assessment study would have two parts: a general social assessment and a resettlement plan. It covers the following:
General Assessment: The general social assessment should be carried out through discussions with the appropriate government agencies, local NGOs and communities to bring out the following information and data:
a) Identifying all directly and indirectly affected stakeholders residing at/ near the land required for the proposed project sites and associated facilities.
b) Assess social benefits and risks due to the proposed facility
c) Define the characteristics of adversely affected people and the special needs of marginalized and vulnerable groups
d) Find out whether the proposed project separates the communities residing on either side and if so propose appropriate measures to address the difficulties created.
e) Identify whether any indigenous communities are adversely affected. If indigenous communities are going to be affected, an indigenous peoples development plan should be prepared to ensure that the adversely affected indigenous population benefits from the project activities and
f) Based on the findings of general social assessment, the consultant should interact with the team carrying out the technical study and should consider alternative design to minimize the resettlement needs.
Resettlement Action Plan: Development of RAP will comprise the following tasks.
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Task 1: Collection of Socio Economic Data
In order to prepare a satisfactory RAP, a Socio economic survey is necessary to generate the required information. The data will be gathered using a variety of techniques such as household survey, information from secondary sources (i.e. land acquisition and compensation payment records), participatory appraisal, discussions with NGOs, Government Departments, local leaders and adversely affected communities. The following Socio economic data is required.
(a) Identify all those people who are expected to lose various assets due to land acquisition by verification of land ownership (b) Collect demographic and socio economic data for the population who is currently deriving livelihood or residing on the land. The data should include but not be limited to demographic characteristics, ethnic, tribe and cast composition, main forms of livelihood, income levels and sources, the way compensation money is normally utilized and preference for rehabilitation. (c) During the survey, the types of adverse impacts based on the extent of disturbances should be categorized. These categories will form the basis of designing the entitlement and RAP according to the entitlement framework outlined in the ESR.
Task 2: Draft of Resettlement Action Plan: The information collected through the socio economic survey will form the basis for preparing a satisfactory RAP. The plan in particular should provide for atlas where applicable the following:
(a) Entitlement Package: To ensure that the standards of living of persons who are adversely affected are improved or at least maintained, the entitlement packages as spelled out in the ESR should be proposed. In proposing the entitlements, proper attention should be accorded to the types of loss and speedy recovery from the loss and adverse impact to be suffered. If any people are deriving the sources of livelihood due to customary use of acquired land, the entitlement package as applicable to customary right holders should be proposed in consistency with the provisions made in the ESR.
(b) Rehabilitation Measures: Consistent with the proposed entitlement package, the details of various schemes should be described. In case anybody losses his/her dwelling place, an alternative arrangement needs to be described. Community level committees should be formed to facilitate for public participation in deciding the resettlement sides and rehabilitation options for the Pas. The consultant should work through this committee to develop the RAP.
(c) Institutional Arrangements: Responsibilities for implementation RAP should be clearly delineated according to the institutional arrangements proposed in the ESR. Appropriate monitoring and evaluation arrangements as well as grievances and appeals mechanism should be evolved for effective implementation of the RAP. Various indicators that need to be used in that process must be clearly identified. The role of the committee, to be created to look after the various grievances related to the environmental and social issues in the implementation process of the RAP should also be outlined.
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(d) Budget and Cost: The cost for each activity such as the payment of compensation amount and the replacement value, organizing economic activities, various allowances, costs towards implementation, monitoring and evaluation and all other anticipated costs should be spelled out. The budget for various activities as well as its funding need to be spelled out including this from programs currently being implemented by the Government and other agencies.
(e) Implementation: A time frame for implementation of the RAP is crucial in terms of providing linkages to civil works. Therefore, a carefully drawn schedule, indicating the main actions and the responsible agency, needs to be prepared.
PUBLIC INFORMATION AND CONSULTATION
Public information and consultation (PIC) is crucial to the successful completion of the assignment and preparing acceptable Environmental Management Plan (EMP) and Resettlement Action Plan (RAP). The PIC process will be continued through the project implementation. This would ensure that public views are considered in project design and subsequently incorporated in construction and operation phases. The consultant should design and facilitate the implementation of a suitable PIC process on behalf of the proponent. The consultant should follow the guidelines provided in the ESR for this purpose. The consultant shall:
(a) Identify the stakeholders-affected people, local Government, NGOs, users, etc.
(b) Establish a mechanism and conduit for involving the stakeholders when undertaking surveys, evaluating alternatives, formulating entitlement packages and drafting EMP, RAP and IPDP.
(c) Prepare information dissemination tools in the appropriate local language-Brochures, leaflets, posters, etc.
(d) Communicate widely with the public-through group meetings, public hearing, interviews, surveys, awareness campaigns, etc.
(e) Keep record of information and consultation activities-type of event, date, and location, names of invitees, and attendees, issues raised and responses given. The PIC should include an explicit strategy for continuing involvement of stakeholders in project implementation through formation of relevant forums.
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Attachment 5.5 ENVIRONMENTAL MANAGEMENT PLAN
The improved access to efficient public infrastructure necessitates synergy between prudent use of natural resources and meeting people’s concerns. The overall goals are contribution sustainable development in and around the project locations.
The environment and social statement of the project has three cardinal principles:
1) Enhance the quality of life and environment in and around the project location, by
(a) Conserving natural resources (b) Addressing the legitimate concerns of relevant stakeholders, specially project affected persons
2) Prevent adverse environmental and social situations by
(a) Minimizing the release of polluting wastes to amounts that do not harm the environment (b) Preserving bio-diversity and ecological equilibrium by reducing pressure on natural resources (c) Avoiding or minimizing resettlement due to land acquisition through appropriate technical and management measures (d) Ensuring protection of marginalized and vulnerable groups, including the economically and socially disadvantaged, the elderly, women, children, physically handicapped and indigenous people. (e) Minimizing health and safety hazards
3) Mitigate possible adverse environmental and social impacts, by
(a) Integrating waste management mechanisms and maintaining the environmental quality of the project locations (b) Ensuring responsible resettlement and rehabilitation of project affected persons through sustainable livelihood options that at least restore, if not improve, their standard of living. Besides baseline surveys, other field observation techniques will be applied during the field investigations. Local representatives will also be consulted for their indigenous knowledge and to initiate them in the decision making process. (c) Analysis of field observations: The environmental assessment team then carefully analises the field data, observations and consultation documents to select the preferred approach to mitigate the adverse environmental impacts of the projects. At this stage, the environmental assessment study team may also suggest other options for the project. This is referred to the project team before a decision is taken on the preferred mitigation measures for environmental impacts. (d) Design the mitigation measures and action plans.
The environmental assessment tem then proceeds to design the: RFP for Selection of Consultants for t P a g e | 69 Section 5 – Terms of Reference
(a) Detailed Mitigation Measures to address environmental issues (b) Implementation Monitoring Plan to clearly articulate a protocol for monitoring the suggested actions (c) Institutional responsibility framework to allocate responsibility among the public and private agencies and other responsible for implementing the EMP. (d) Risk allocation framework identifying the risks associated with not prudently undertaking the EMP, suggesting rick mitigation measures and allocation of probable liabilities (e) Public disclosure and consultation: The mitigation measures and action plans are then made available for public review. These plans are discussed with the PAPs, Public Authorities and other stakeholders. A consensus is arrived at and any remaining differences of opinion are also documented. (f) Finalisation of environmental assessment report
Based on the public consultation and other feedback, the components of the EAR may evolve through several iterations before the document is finalized.
While enhancement is the first priority, incorporation of prevention and mitigation measures will ensure minimal adverse impacts.
Environmental Assessment Studies
1) Objective: This is the most important and substantive stage of the project. The key objective is to prepare a well researched and documented environmental assessment report with due consideration to public opinion and sensitivities. 2) Process: The entire is to be undertaken by the Consultant team with multi-disciplinary expertise. They will involve public and private agencies, NGOs, CBOs, PAPs, and local authorities as required. Appropriate stakeholder groups will be established to facilitate public consultation and participation. a) Participatory field investigations: Based on the TOR and scope of the environmental assessment studies the team will undertake field investigations for the following:
Baseline survey of relevant environmental parameters (This will be undertaken applying appropriate sampling techniques for type, location and frequency of samples. Other field assessment techniques will be adopted depending on the level of detail required for each parameter) Prediction of the likely environmental impacts due to the project and evaluation of their consequences Identification of alternative measures to mitigate likely adverse environmental and social impacts Preliminary selection of preferred alternatives for mitigation of adverse environmental impacts Social Assessment and Preparation of Mitigation Plans
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1) Objective: This is the most important and substantive stage of the project. The key objective is to prepare a well researched and documented social assessment and mitigation plans with due consideration to public opinion and sensitivities. For projects in which World Bank financing is involved, the social assessment report and the mitigation plans (RAP and IPDP) will be prepared in accordance with the entitlement framework given below.
2) Process: The whole process is to be undertaken by a team to be constituted by the appointed social assessment Consultant. Besides experts like Sociologists, Anthropologists and community development specialists, the team will also have appropriate representatives of NGOs, CBOs, PAPs, and local authorities, as may be required. Appropriate stakeholder groups will be establishing to facilitate public consultation and participation. a) Participatory field investigations: Based on the TOR and scope of the social assessment studies the team will undertake field investigations for the following: Identification of specific land acquisition requirements Determination of impact of project on the coastal living people, particulars fishermen. Baseline census of all project affected persons, including establishing cutoff date for entitlements, who are losing land or other assets, which results in relocation or adverse economic impacts Prediction of likely social impacts due to the project and evaluation of their consequences Identification of specific needs of marginalized and vulnerable groups like indigenous people Identification of alternatives for mitigation of adverse social impacts, including sites for resettlement, if any. Preliminary selection of preferred alternative for mitigation of adverse social impact In acse where the land acquisition process is completed, determination of those PAPs displeased and the manner in which they were resettled
This field investigation will be undertaken using a variety of techniques including baseline surveys, participatory appraisal, focus group discussions and planning and ethnographic studies using discussion with local leaders, knowledgeable local persons and community residents. During discussions with the community, alternative options for avoiding or minimizing displacement will be sought. These field studies will also ensure that the PAPs and project beneficiaries are fully involved in the decision making process.
b) Analysis of Field Observations: The social assessment consultant team will then carefully analise the field data, observation and consultation documents to select the preferred approach to mitigate the adverse social impacts of the project. At this stage, the social assessment and management studies team may suggest other options for the project. This is referred to the project team before a decision is taken on the preferred mitigation measures to deal with adverse social impact. RFP for Selection of Consultants for t P a g e | 71 Section 5 – Terms of Reference
c) Design of mitigation measures and action plans
Resettlement Action Plan (RAP) to address the concerns of prject affected persons Indigenous people development plan (IPDP) for tribal communities to address specific concerns of marginalized and vulnerable groups Implementation monitoring to clearly articulate a protocol for monitoring the suggested action Institutional responsibility to allocate responsibility among the public and private agencies or community based organisation responsible for implementation of RAP, IPDP, and also grievance redress and appraisal mechanisms Risk Allocation Framework to identify the risk allocation with not prudently undertaking the RAP and IPDP and to suggest risk mitigation measures and allocation of probable liabilities d) Public Disclosure and Consultation: The mitigation measures and action plans designated are then made available for public review. These plans are discussed with the PAPs, public authorities and other stakeholders. A consensus is arrived at and any remaining differences of opinion are also documented.
e) Finalization of Social Assessment Report (SAR): Based on the public consultation and other comments, specific components of the Social Assessment Report (SAR) may evolve through several iterations before the document is finalized.
3) Output: a) Several aspects of Draft SAR including Resettlement Action Plan (RAP) Indigenous People Development Plan (IIPDP) or similar modules as required Implementation Monitoring Plan Institutional Responsibility Framework Risk Allocation Framework Consensus on the Draft SAR
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Attachment 5.6 Detailed Project Report (DPR)
The DPR Submission shall consist of a package containing these volumes: I Economic and Financial Analysis Report IIEnvironmental Assessment Report IIIResettlement Action Plan (RAP) IV to VI Deleted.
Volume VII Environmental Assessment Report, including the Environmental Impact Assessment (EIA) and the EMP (Environmental Management Plan). Separate reports are to be provided for each key section of the project corridor.
Volume - VIII, Poverty and Social Assessment Report including Resettlement Plan The Report shall be prepared conforming to the Guidelines of the Government of India, State Government and World Bank (as appropriate) for each project.
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Section 6. Form of Contract (Draft)
Consultants’ Services
Lump-Sum Section 6. Form of Contract (Draft)
Contents
Draft Contract for Consultants’ Services ...... 77
78I. Form of Contract ...... 78
Appendix O - Minutes of pre-bid meeting ...... 78
II. General Conditions of Contract...... 80
1. General Provisions ...... 80
1.1 Definitions ...... 80 1.2 Law Governing Contract ...... 81 1.3 Language ...... 81 1.4 Notices ...... 81 1.5 Location ...... 81 1.6 MCGM Member in Charge ...... 81 1.7 Authorized Representatives ...... 81 1.8 Taxes and Duties ...... 81 1.9 Fraud and Corruption ...... 81
2. Commencement, Completion, Modification and Termination of Contract ...... 83
2.1 Effectiveness of Contract ...... 83 2.2 Commencement of Services ...... 83 2.3 Expiration of Contract ...... 83 2.4 Modifications or Variations ...... 83 2.5 Force Majeure ...... 83 2.6 Termination ...... 84
3. Obligations of the Consultant ...... 85
3.1 General ...... 85 3.2 Conflict of Interests ...... 85 3.3 Confidentiality ...... 86 3.4 Insurance to be Taken Out by the Consultant ...... 86 3.5 Consultant’s Actions Requiring Employer’s Prior Approval ...... 86 3.6 Reporting Obligations ...... 86 3.7 Documents Prepared by the Consultant to be the Property of the Employer ...... 86 3.8 Liability of the Consultant ...... 86 3.9 Liquidated Damages And Penalties ...... 87 3.9.1 Performance Security ...... 87
4. CONSULTANT’S Personnel ...... 88
4.1 Description of Personnel ...... 88 4.2 Removal and/or Replacement of Personnel ...... 88
5. Obligations of the Employer ...... 88
5.1 Assistance and Exemptions ...... 88 5.2 Change in the Applicable Law Related to Taxes and Duties ...... 88 5.3 Services and Facilities ...... 88
6. Payments to the Consultant ...... 89
6.1 Lump-Sum Payment ...... 89 6.2 Contract Price ...... 89 6.3 Payment for Additional Services ...... 89 Section 6. Form of Contract (Draft)
6.4 Terms and Conditions of Payment...... 89 6.5...... 89 7. Good Faith...... 89 7.1 Good Faith...... 89 8. Settlement Of Disputes...... 89 8.1 Amicable Settlement...... 89 8.2 Dispute Resolution...... 89 III. Special Conditions of Contract...... 90 IV. Appendices...... 93 Appendix A - Scope of work...... 93 Appendix B - Work Plan and Methodology...... 93 Appendix C - Key Personnel...... 93 Appendix D – Description of Services...... 93 Appendix e - Breakdown of Contract Price in Foreign Currency...... 93 Appendix f - Breakdown of Contract Price in Local Currency...... 94 Appendix g - Reporting Requirements...... 94 Appendix h - Payment Schedule...... 94 Appendix i - Services and Facilities Provided by the Employer...... 94 Appendix j - Minutes of Negotiations...... 94 Appendix k - Letter of Intent...... 94 Appendix l - Letter of Acceptance...... 94 Appendix m - Power of Attorney...... 94 Appendix n - Form of Advance Payments Guarantee...... 94 Appendix o - Minutes of pre-bid meeting...... 94 . Annexure AA - Approved Banks
ANNEXURE BB - MINUTES OF PRE-BID MEETING………………………………… Section 6. Form of Contract (Draft)
Draft CONTRACT FOR CONSULTANTS’ SERVICES
Lump-Sum
between
[name of the Employer]
and
[name of the Consultant]
Dated: Section 6. Form of Contract (Draft)
78I. Form of Contract
LUMP-SUM
(Text in brackets [ ] is optional; all notes should be deleted in final text)
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of [month], [year], between, on the one hand, [name of Employer] (hereinafter called the “Employer”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).
[Note: If the Consultant consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Employer”) and, on the other hand, a joint venture/consortium consisting of the following entities, each of which will be jointly and severally liable to the Employer for all the Consultant’s obligations under this Contract, namely, [name of Consultant] and [name of Consultant] (hereinafter called the “Consultant”).]
WHEREAS
(a) the Employer has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Employer that it has the required professional skills, and personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) The following Appendices: Appendix A: Scope of Work Appendix B: Work Plan and Methodology Appendix C: Key Personnel Appendix D: Description of Services Appendix E: Breakdown of Contract Price in Foreign Currency Appendix F: Breakdown of Contract Price in Local Currency Appendix G: Reporting Requirements Appendix H: Payment Schedule Appendix I: Services and Facilities Provided by the Employer Appendix J: Minutes of Negotiations Appendix K: Letter of Intent Appendix L: Letter of Acceptance Appendix M: Power of Attorney Appendix N: Form of Advance Payment Guarantee Appendix O - Minutes of pre-bid meeting
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2. The mutual rights and obligations of the Employer and the Consultant shall be as set forth in the Contract, in particular:
(a) The Consultants shall carry out the Services in accordance with the provisions of the Contract; and
(b) The Employer shall make payments to the Consultants in accordance with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
For and on behalf of [name of Employer]
[Authorized Representative]
For and on behalf of [name of Consultant]
[Authorized Representative]
[Note: If the Consultant consists of more than one entity, all these entities should appear as signatories, e.g., in the following manner:]
For and on behalf of each of the Members of the Consultant
[name of member]
[Authorized Representative]
[name of member]
[Authorized Representative]
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II. General Conditions of Contract
1. GENERAL PROVISIONS 1.1 Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in India, as they may be issued and in force from time to time. (b) “ Employer” means the Municipal Corporation of Greater Mumbai (MCGM) (c) “Consultant” means any private or public entity that will provide the Services to the Employer under the Contract. (d) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the Appendices. (e) “Contract Price” means the price to be paid for the performance of the Services, in accordance with Clause 6; (f) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1. (g) “Foreign Currency” means any currency other than the currency of the Employer’s country. (h) “GC” means these General Conditions of Contract. (i) “Government” means the Government of Maharashtra. (j) “Local Currency” means the Indian Rupees. (k) “Member” means any of the entities that make up the joint venture/consortium, and “Members” means all these entities. (l) “Party” means the Employer or the Consultant, as the case may be, and “Parties” means both of them. (m) “Personnel” means persons hired by the Consultant or by any Sub- Consultants and assigned to the performance of the Services or any part thereof.
(n) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.
(o) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto. (p) “Sub-Consultants” means any person or entity to whom/which the Consultant subcontracts any part of the Services. (q) “In writing” means communicated in written form with proof of receipt.
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1.2 Law This Contract, its meaning and interpretation, and the relation between the Governing Parties shall be governed by the Applicable Law. Contract 1.3 Language This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 1.4 Notices 1.4.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC. 1.4.2 A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC. 1.5 Location The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in India or elsewhere, as the Employer may approve. 1.6 MCGM In case the Consultant consists of a joint venture/ consortium of more than Member in one entity, the Members hereby authorize the entity specified in the SC to Charge act on their behalf in exercising all the Consultant’s rights and obligations towards the Employer under this Contract, including without limitation the receiving of instructions and payments from the Employer. 1.7 Authorized Any action required or permitted to be taken, and any document required Representa- or permitted to be executed under this Contract by the Employer or the tives Consultant may be taken or executed by the officials specified in the SC.
1.8 Taxes and Unless otherwise specified in SC, the Consultant, Sub-Consultants, and Duties their Personnel shall pay such taxes, duties, fees, and other impositions as may be levied under the Applicable, the amount of which is deemed to have been included in the Contract Price. 1.9 Fraud and If the Employer determines that the Consultant and/or its Personnel, sub- Corruption contractors, sub-consultants, services providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices, in competing for or in executing the Contract, then the Employer may, after giving 14 days notice to the Consultant, terminate the Consultant's employment under the Contract, and the provisions of Clause 2 shall apply as if such expulsion had been made under Sub- Clause 2.6.1(c).
Should any personnel of the Consultant be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, then that personnel shall be removed in accordance with Sub-Clause 4.2.
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1.9.1 For the purposes of this Sub-Clause, the terms set-forth below are defined Definitions as follows:
(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party5;
(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation6;
(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party7;
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party8;
(v) “obstructive practice” is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Clause 3.8.
1.9.2 (vi) will cancel the portion of the loan allocated to a contract if it Measures to be determines at any time that representatives of the Borrower or of a Taken beneficiary of the loan were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Bank to remedy the situation;
(vii) will sanction a Consultant, including declaring the Consultant ineligible, either indefinitely or for a stated period of time, to be awarded a MCGM’s contract if it at any time determines that the Consultant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a MCGM contract;
5 “Another party” refers to a public official acting in relation to the selection process or contract execution. In this context, “public official” includes World Bank staff and employees of other organizations taking or reviewing procurement decisions. 6A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution. 7 “Parties” refers to participants in the selection process (including public officials) attempting to establish bid prices at artificial, non competitive levels. 8A “party” refers to a participant in the selection process or contract execution. RFP for Selection of Consultants for P a g e | 82 Section 6. Form of Contract (Draft)
1.9.3 The Employer will require the successful Consultants to disclose any Commissions and commissions or fees that may have been paid or are to be paid to agents, Fees representatives, or commission agents with respect to the selection process or execution of the contract. The information disclosed must
include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.
1.10 The successful consultant shall pay the Legal Charges as per Legal charges circular in force and Rs.8880/- as per CA/FRG/3 dated 23.04.2109 and charges of for supply of prescribed form for preparing Bills for the work and Bill Forms and Stationary Charges. All the costs, charges and expenditure incurred Stationary in connection with the contract agreement including stamp duty, registration charges and such other incidental charges of the agreement shall be borne and paid by the consultant.
1.11 The appointed consultants shall apply for vendor registration in Mode of MCGM and the payment to the consultant will be made through Payment SBI by ECS, RTGS, NEFT, CBS.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
2.1 Effectiveness of This Contract shall come into effect on the date the Contract is signed by Contract both Parties and such other later date as may be stated in the SC. The date the Contract comes into effect is defined as the Effective Date. 2.2 Commencement The Consultant shall begin carrying out the Services not later than the of Services number of days after the Effective Date specified in the SC.
2.3 Expiration of Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract Contract shall expire at the end of such time period after the Effective Date as specified in the SC. 2.4 Modifications or Any modification or variation of the terms and conditions of this Variations Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party. 2.5 Force Majeure
2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances. 2.5.2 No Breach of The failure of a Party to fulfill any of its obligations under the contract Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided
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that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.
2.5.3 Extension of Any period within which a Party shall, pursuant to this Contract, Time complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
2.5.4 Payments During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Service after the end of such period.
2.6 Termination
2.6.1 By the The Employer may terminate this Contract in case of the occurrence of Employer any of the events specified in paragraphs (a) through (f) of this Clause GC 2.6.1. In such an occurrence the Employer shall give a not less than thirty (30) days’ written notice of termination to the Consultant, and sixty (60) days’ in the case of the event referred to in (e). (a) If the Consultant does not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Employer may have subsequently approved in writing.
(b) If the Consultant becomes insolvent or bankrupt.
© If the Consultant, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.
(d) If, as the result of Force Majeure, the Consultant are unable to perform a material portion of the Services for a period of not less than sixty (60) days.
(e) If the Employer, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
(f) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof. 2.6.2 By the The Consultants may terminate this Contract, by not less than thirty (30) Consultant days’ written notice to the Employer, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (c) of this Clause GC 2.6.2: (a) If the Employer fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GC 7 hereof within forty-five (45) days after receiving
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written notice from the Consultant that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
© If the Employer fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof. 2.6.3 Payment upon Upon termination of this Contract pursuant to Clauses GC 2.6.1 or GC Termination 2.6.2, the 7Employer shall make the following payments to the Consultant: (a) payment pursuant to Clause GC 6 for Services satisfactorily performed prior to the effective date of termination; (b) except in the case of termination pursuant to paragraphs (a) through (c), and (f) of Clause GC 2.6.1, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract, including the cost of the return travel of the Personnel and their eligible dependents.
3. OBLIGATIONS OF THE CONSULTANT 3.1 General 3.1.1 Standard of The Consultant shall perform the Services and carry out their obligations Performance hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Employer, and shall at all times support and safeguard the Employer’s legitimate interests in any dealings with Sub-Consultants or third Parties. 3.2 Conflict of The Consultant shall hold the Employer’s interests paramount, without Interests any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests. 3.2.1 Consultants not The payment of the Consultant pursuant to Clause GC 6 shall constitute to Benefit from the Consultant’s only payment in connection with this Contract or the Commissions, Services, and the Consultant shall not accept for their own benefit any Discounts, etc. trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them similarly shall not receive any such additional payment.
3.2.2 Consultant and The Consultant agrees that, during the term of this Contract and after its Affiliates not to be termination, the Consultant and any entity affiliated with the Consultant, Otherwise Interested as well as any Sub-Consultants and any entity affiliated with such Sub- in Project Consultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant’s Services for the preparation or implementation of the
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project. 3.2.3 Prohibition The Consultant shall not engage, and shall cause their Personnel as well of Conflicting as their Sub-Consultants and their Personnel not to engage, either directly Activities or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract. 3.3 Confidentiality Except with the prior written consent of the Employer, the Consultant and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.
3.4 Insurance to be The Consultant (a) shall take out and maintain, and shall cause any Sub- Taken Out by Consultants to take out and maintain, at their (or the Sub-Consultants’, as the Consultant the case may be) own cost but on terms and conditions approved by the Employer, insurance against the risks, and for the coverage, as shall be
specified in the SC; and (b) at the Employer’s request, shall provide evidence to the Employer showing that such insurance has been taken out and maintained and that the current premiums have been paid.
3.5 Consultant’s The Consultant shall obtain the Employer’s prior approval in writing Actions before taking any of the following actions: Requiring (a) entering into a subcontract for the performance of any part of the Employer’s Prior Services,
Approval (b) appointing such members of the Personnel not listed by name in Appendix C, and
© any other action that may be specified in the SC. 3.6 Reporting (a) The Consultant shall submit to the Employer the reports and Obligations documents specified in Appendix G hereto, in the form, in the numbers and within the time periods set forth in the said Appendix. (b) Final reports shall be delivered in CD ROM in addition to the hard copies specified in said Appendix. 3.7 Documents (a) All plans, drawings, specifications, designs, reports, other Prepared by the documents and software submitted by the Consultant under this Consultant to Contract shall become and remain the property of the Employer, be the Property and the Consultant shall, not later than upon termination or of the expiration of this Contract, deliver all such documents to the Employer Employer, together with a detailed inventory thereof.
(b) The Consultant may retain a copy of such documents and software. Restrictions about the future use of these documents, if any, shall be specified in the SC.
3.8 Liability of the a) The Consultant’s liability under this Agreement shall be determined by Consultant the Applicable Laws and the provisions hereof. b) The Consultant shall, subject to the limitation specified in Clause 3.8 ©, be liable to the MCGM for any direct loss or damage accrued or likely to accrue due to deficiency in Services rendered by it. RFP for Selection of Consultants for P a g e | 86 Section 6. Form of Contract (Draft)
c) The Parties hereto agree that in case of negligence or willful misconduct on the part of the Consultant or on the part of any person or firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused to the MCGM’s property, shall be liable to the MCGM: i. for any indirect or consequential loss or damage; and ii. for any direct loss or damage that exceeds (a) the Agreement Value set forth in Clause 6. 2 ( c ) of this Agreement, or (b) the proceeds the Consultant may be entitled to receive from any insurance maintained by the Consultant to cover such a liability in accordance with Clause 3.4(c) and (d) of SC d) This limitation of liability specified in Clause 3.8 ( c ) shall not affect the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, however, to a limit equal to 3 (three) times the Agreement Value. 3.9 Liquidated Damages And Penalties 3.9.1 Performance Security
3.9.1.1 MCGM shall retain by way of performance security (the “Performance Security”), 5% (five per cent) of all the amounts due and payable to the Consultant, to be appropriated against breach of this Agreement or for recovery of liquidated damages as specified in Clause 3.9.2 herein. The balance remaining out of the Performance Security shall be returned to the Consultant at the end of 3 (three) months after the expiration of this Agreement. 3.9.1.2 The Consultant may, in lieu of retention of the amounts as referred to in Clause 3.9.1.1 above, furnish a Bank Guarantee substantially in the form specified at Annex- of this Agreement. 3.9.2 Liquidated Damages 3.9.2.1 Liquidated Damages for error/variation In case any error or variation is detected in the reports submitted by the Consultant and such error or variation is the result of negligence or lack of due diligence on the part of the Consultant, the consequential damages thereof shall be quantified by MCGM in a reasonable manner and recovered from the Consultant by way of deemed liquidated damages, subject to a maximum of 50% (fifty per cent) of the Agreement Value 3.9.2.2 Liquidated Damages for delay In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.2% (zero point two per cent) of the Agreement Value per day, subject to a maximum of 10% (ten per cent) of the Agreement Value will be imposed and shall be recovered by appropriation from the Performance Security or otherwise. However, in case of delay due to reasons beyond the control of the Consultant, suitable extension of time shall be granted. 3.9.2.3 Encashment and appropriation of Performance Security - The Authority shall have the right to invoke and appropriate the proceeds of the Performance Security, in whole or in part, without notice to the Consultant in the event of breach of this Agreement or for recovery of liquidated damages specified in this Clause 3.9.2 3.9.3 Penalty for deficiency in Services In addition to the liquidated damages not amounting to penalty, as specified in Clause 3.9.2, warning may be issued to the Consultant for minor deficiencies on its part. In the case of significant deficiencies in Services causing adverse effect on the Project or on the reputation of the Authority, other penal action including debarring for a specified period may also be initiated as per policy of the Authority.
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4. CONSULTANT’S PERSONNEL
4.1 Description of The Consultant shall employ and provide such qualified and Personnel experienced Personnel and Sub-Consultants as are required to carry out the Services. The titles, agreed job descriptions, minimum qualifications, and estimated periods of engagement in the carrying out of the Services of the Consultant’s Key Personnel are described in Appendix C. The Key Personnel and Sub-Consultants listed by title as well as by name in Appendix C are hereby approved by the Employer.
4.2 Removal and/or (a) Except as the Employer may otherwise agree, no changes shall be Replacement of made in the Key Personnel. If, for any reason beyond the Personnel reasonable control of the Consultant, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Key Personnel, the Consultant shall provide as a replacement a person of equivalent or better qualifications.
(b) If the Employer finds that any of the Personnel have (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Employer’s written request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Employer.
(c) The Consultant shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.
5. OBLIGATIONS OF THE EMPLOYER
5.1 Assistance and The Employer shall use its best efforts to ensure that the Government Exemptions shall provide the Consultant such assistance and exemptions as specified in the SC.
5.2 Change in the If, after the date of this Contract, there is any change in the Applicable Applicable Law Law with respect to taxes and duties which increases or decreases the Related to Taxes cost incurred by the Consultant in performing the Services, then the and Duties remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties, and corresponding adjustments shall be made to the amounts referred to in Clauses GC 6.2 (a) or (b), as the case may be.
5.3 Services and The Employer shall make available free of charge to the Consultant the Facilities Services and Facilities listed under Appendix I.
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6. PAYMENTS TO THE CONSULTANT
6.1 Lump-Sum The total payment due to the Consultant shall not exceed the Contract Payment Price which is an all inclusive fixed lump-sum covering all costs required to carry out the Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price may only be increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with Clause 2.4. 6.2 Contract Price (a) The price payable in foreign currency/currencies is set forth in the SC. (b) The price payable in local currency is set forth in the SC. 6.3 Payment for For the purpose of determining the remuneration due for additional Additional services as may be agreed under Clause 2.4, a breakdown of the lump- Services sum price is provided in Appendices E and F. 6.4 Terms and Payments will be made to the account of the Consultant and according to Conditions of the payment schedule stated in the SC. Any other payment shall be made Payment after the conditions listed in the SC for such payment have been met, and the Consultant has submitted an invoice to the Employer specifying the amount due. 6.5 Not Used.
Note : All fees paid to Government agencies for various approvals to be paid by M.C.G.M
7. GOOD FAITH
7.1 Good Faith The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
8. SETTLEMENT OF DISPUTES
8.1 Amicable The Parties agree that the avoidance or early resolution of disputes is Settlement crucial for a smooth execution of the Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation. 8.2 Dispute Any dispute between the Parties as to matters arising pursuant to this Resolution Contract that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.
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90 III. Special Conditions of Contract
(Clauses in brackets { } are optional; all notes should be deleted in final text)
Number of Amendments of, and Supplements to, Clauses in the GC Clause General Conditions of Contract
1.3 The language/s is ENGLISH
1.4 The addresses are:
Employer:
Attention:
Facsimile:
E-mail:
Consultant:
Attention:
Facsimile:
E-mail:
{1.6} {The Member in Charge is [insert name of member]}
Note: If the Consultant consists of a joint venture/ consortium/ association of more than one entity, the name of the entity whose address is specified in Clause SC 1.6 should be inserted here. If the Consultant consists only of one entity, this Clause SC 1.8 should be deleted from the SC.
1.7 The Authorized Representatives are:
For the Employer:
For the Consultant:
1.8 The Employer warrants that the Consultant, the Sub-Consultants and the Personnel shall pay the taxes, duties, fees, levies and other impositions
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levied under the existing/amended or enacted laws during the life of this contract. The Employer shall perform such duties in regard to deduction taxes as may be lawfully imposed.
{2.1} The Effective Date shall come into effect on the date Contract is signed by both parties.
2.2 The date for the commencement of Services is 15 days from the effective date
2.3 The time period shall be 10 months from the effective date of contract.
3.4 The risks and the coverage shall be as follows: (a) Third Party motor vehicle liability insurance required under Motor Vehicles Act, 1988 in respect of motor vehicles operated in India by the Consultant or their Personnel or any Associate(s) or their Personnel for the period of consultancy with a minimum coverage of Indian Rupees Ten lacs (b) Third Party liability insurance, with a minimum coverage of Indian Rupees Ten Lacs for the period of consultancy. (c) Professional liability insurance, with a minimum coverage equal to estimated remuneration and reimbursable in Indian Rupees.
(d) Employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consultant and of any Associate(s), in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and (e) Insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.
3.7 The Consultant shall not use these documents for purposes unrelated to this Contract without prior written approval of the Employer.
{5.1} Not Applicable.
6.2(a) The amount in foreign currency or currencies is [insert amount]. Not
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Applicable
6.2(b) The amount in local currency is [insert amount].
6.4 The accounts are:
for foreign currency or currencies: [insert account]: Not Applicable
for local currency: [insert account]
Payments shall be made according to the payment schedule presented in Appendix H.
8.2 If a dispute of any kind whatsoever arises between the Authorized Representative of the Employer and the Consultant in connection with, or arising out of, the Contract or the scope of the work, whether during the study period or after completion of the study and whether before or after repudiation or termination of the Contract, including any dispute as to any opinion, instruction, determination, certification or valuation of the Authorized Representative of the Employer, the matter shall be in the first place, be referred in writing to the Authorized Representative within 30 days of its occurrence for review, with a copy to the Employer. If the
Consultant fails to refer the dispute for review within 30 days, the Authorized Representative’s decision shall be final and binding on the
Consultant. Such reference shall state that it is made pursuant to this Clause. No later than the fourteenth day after the day on which he received such reference, the Authorized Representative shall give notice of his decision to the Employer and the Consultant. Such decision shall state that it is made pursuant to this Clause.
Notwithstanding the arising of any dispute, unless the Contract has already been repudiated or terminated, the Consultant shall, in every case, continue to proceed with the work with all due diligence and the Consultant and the Authorized Representative of the Employer shall give effect forthwith to every such decision unless and until the same shall have been revised, as hereinafter provided.
If either the Employer or the Consultant disagrees with the decision of the Authorised Representative of the Employer, the decision shall then be referred by the Employer or by the Consultant, within 30 days of the decision of the Authorised Representative of the Employer to the Steering Committee comprising not more than three members constituted by the Municipal Commissioner of the Employer for the project. Provided that each of three persons so nominated by the Municipal Commissioner shall have independence and impartiality beyond justifiable doubt. A copy of such reference shall also be endorsed to the Authorised Representative of the
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Employer. The Committee shall give its advice in writing to the Employer within 30 days of receipt of notification by it. The Committee may call upon the Authorised Representative of the Employer and the Consultant to hear their case before giving its advice. The decision of the Committee shall be final and binding on both Employer and Consultant.
IV. Appendices
APPENDIX A - SCOPE OF WORK
APPENDIX B - WORK PLAN AND METHODOLOGY
APPENDIX C - KEY PERSONNEL
Note: List under:
C-1 Titles [and names, if already available], detailed job descriptions and minimum qualifications of Key Foreign Personnel to be assigned to work and estimated staff- months for each.
C-2 Same information as C-1 for Key local Personnel.
APPENDIX D – DESCRIPTION OF SERVICES
Note: Give detailed descriptions of the Services to be provided, dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by Employer, etc.
APPENDIX E - BREAKDOWN OF CONTRACT PRICE IN FOREIGN CURRENCY
Note: List here the elements of cost used to arrive at the breakdown of the lump-sum price - foreign currency portion:
1. Monthly rates for Personnel (Key Personnel and other Personnel). 2. Reimbursable expenses.
This appendix will exclusively be used for determining remuneration for additional services.
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APPENDIX F - BREAKDOWN OF CONTRACT PRICE IN LOCAL CURRENCY
Note: List here the elements of cost used to arrive at the breakdown of the lump-sum price - local currency portion:
1. Monthly rates for Personnel (Key Personnel and other Personnel). 2. Reimbursable expenditures.
This appendix will exclusively be used for determining remuneration for additional services.
APPENDIX G - REPORTING REQUIREMENTS
Note: List format, frequency, and contents of reports; persons to receive them; dates of submission;as per deliverables etc.
APPENDIX H - PAYMENT SCHEDULE
APPENDIX I - SERVICES AND FACILITIES PROVIDED BY THE EMPLOYER
Note: List here the services and facilities to made available to the Consultant by the Employer.
APPENDIX J - MINUTES OF NEGOTIATIONS
APPENDIX K - LETTER OF INTENT
APPENDIX L - LETTER OF ACCEPTANCE
APPENDIX M - POWER OF ATTORNEY
APPENDIX N - FORM OF ADVANCE PAYMENTS GUARANTEE APPENDIX O - MINUTES OF PRE-BID MEETING
Note: See Clause GC 6.4 and Clause SC 6.4.
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V - Annexure AA
Approved Banks -
1. The following Banks with their branches in Greater Mumbai and upto Virar and Kalyan have been approved only for the purpose of accepting Banker’s Guarantee from 1997-98 onwards until further instructions.
2. The Bankers Guarantee issued by branches of approved Banks beyond Kalyan and Virar can be accepted only if the said Banker’s Guarantee is countersigned by the Manager of a Branch of the same Bank, within the Mumbai Limit categorically endorsing thereon that said bankers Guarantee is binding on the endorsing Branch of the Bank within Mumbai limits and is liable to be enforced against the said branch of the Bank in case of default by the bidders/supplier furnishing the Bankers Guarantee.
List of the approved Banks – (Latest updated List to be obtained from C.A(F)
(A) S.B.I. and its subsidiary Banks: 1. State Bank of India. 5. State Bank of Patiala. 2. State Bank of Bikaner and Jaipur. 6. State Bank of Saurashtra 3. State Bank of Hyderabad. 7. State Bank of Travancore 4. State Bank of Mysore. 8. State Bank of Indore. (B) Nationalised Banks: 9. Canara Bank 18. Oriental Bank of Commerce 10. Andhra Bank 19. Punjab National Bank 11. Bank of Baroda 20. Punjab & Sind Bank 12. Bank of India 21. Syndicate Bank 13. Bank of Maharashtra 22. Union Bank of India 14. Central Bank of India 23. Vijaya Bank 15. Dena Bank 24. UCO Bank 16. Indian Bank 25. United Bank of India 17. Indian Overseas Bank 26. Corporation Bank
(C) Scheduled Commercial Banks:
27. Corporation Bank 40. Jammu & Kashmir Bank Ltd. 28. Bank of Madura Ltd. 41. Karnataka Bank Ltd. 29. Bank of Rajasthan Ltd. 42. Karur Vysya Bank Ltd. 30. Banaras State Bank Ltd. 43. Lakshmi Vilas Bank Ltd. 31. Bharat Overseas Bank Ltd 44. Nadungadi Bank Ltd. 32. Catholic Syrian Bank Ltd. 45. Ratnakar Bank Ltd. 33. City Union Bank Ltd. 46. Sangli Bank Ltd.
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34. Development Credit Bank 47. South Indian Bank Ltd. 35. Dhanalakshmi Bank Ltd. 48. S.B.I. Commercial & Int. Bank Ltd. 36. Federal Bank Ltd. 49. Tamilnadu Mercantile Bank Ltd. 37. Indsind Bank Ltd. 50. United Western Bank Ltd. 38. I.C.I.C.I. Banking Corpn. Ltd. 51. Vysya Bank Ltd. 39. Global Trust Bank Ltd. 52. IDBI Bank Ltd.
D) Scheduled Urban Co-Op. Banks -
53. Abhyudaya Co-op. Bank Ltd. 62. New India Co-op. bank Ltd. 54. Bassein Catholic Co-op. Bank Ltd. 63. North Canara G.S.B. Co-op. Bank Ltd. 55. Bharat Co-op. Bank Ltd. 64. Rupee Co-op Bank Ltd. 56. Bombay Mercantile Co-op. Bank Ltd.65. Sangli Urban Co-op Bank Ltd. 57. Cosmos Co-op. Bank Ltd. 66. Saraswat Co-op Bank Ltd. 58. Greater Mumbai Co-op. Bank Ltd. 67. Shamrao Vithal Co-op Bank Ltd. 59. Maharashtra State Co-op. Bank Ltd. 68. Citizen Bank Ltd.
60. Mumbai District Central Co-op.69. Mahanagar Co-op Bank Ltd. Bank.
61. Janata Sahakari Bank Ltd. 70. Punjab & Maharashtra Co-op Bank Ltd. (E) Foreign banks:
71. A.B.N. Amro Bank (N.V.) 77. Barclays Bank 72. American Express Bank Ltd. 78. Citi bank N.A. 73. ANZ Grindlays Bank 79. Mitsui Taiyokbe Bank Ltd. 74. Bank of America N.T. & S.A. 80. Standard Chartered Bank. 75. Bank of Tokyo Ltd. 81. Cho Hung Bank 76. Bank Indosuez 82. Hongkong & Shanghai Banking Corporation
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AGREEMENT FORM Tender / Quotation dated ……………. 20…
Standing Committee/Education CommitteeResolutionNo.…….. ………………………………. CONTRACT FOR THE WORKS …….…………………………………………..………..
………… …………………………………………………………...………………………….
……………………………………………………………………………...
…………………………………………………
This agreement made this day of ………… ……………………………. ………………
…………
Twothousand……………………....…..……..………..
……………………………………………Between.……...……………...
………………………………………………….…………….………
………………………………………………………..…………….…………………………..
……..… inhabitants of Mumbai, carrying on business at…… ………………...…..…… ………… …
…………………………………………………………………...………………………….
…………… in Bombay under the style and name of Messrs ……………………..………………………
……………………………………………………………...
…………………………………………… (Hereinafter called “the contractor of the one part and Shri ……………… …… ………… …… ………………… ………… ………… the Director(E.S.&P.) (hereinafter called “the commissioner” in which expression are included unless the inclusion is inconsistent with the context, or meaning thereof, his successor or successors for the time being holding the office of Director (E,S.& P)of the second part and the Municipal Corporation of Greater Mumbai (hereinafter called “the Corporation”) of the third part, WHEREAS the contractor has tendered for the construction, completion and maintenance of the works described above and his tender has been accepted by the Commissioner (with the approval of the Standing Committee/Education Committee of the Corporation NOW THIS THIS AGREEMENT WITNESSETH as follows:-
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1. In this agreement words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of Contract for works hereinafter referred to:-
2. The following documents shall be deemed to form and be read and constructed as a part of this agreement viz. a) The letter of Acceptance
b) The Bid:
c) Addendum to Bid; if any
d) Tender Document
e) The Bill of Quantities:
f) The Specification:
g) Standard General Conditions of Contracts (GCC)
h) All correspondence documents between bidder and MCGM
3) In consideration of the payments to be made by the Commissioner to the contractor as hereinafter mentioned the contractor hereby covenants with the Commissioner to construct, complete and maintain the works in conformity in all respects with the provision of the contract. 4) The Commissioner hereby covenants to pay to the Contractor in consideration of the construction, completion and maintenance of the works the contract sum, at times and in the manner prescribed by the contract.
IN WITNESS WHERE OF the parties hereto have caused their respective common seals to be herein to affixed (or have hereunto set their respective hands and seals) the day and year above written.
Signed, Sealed and delivered by the contractors
In the presence of Trading under the name and
style of
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Full Name Address Contractors
Signed by the Director (ES&P) in the presence of Ex. .... City/ WS/ ES
Director (ES&P) The Common seal of the Municipal Corporation of Greater Mumbai was hereunto affixed on the …………...... 20 in the presence of two members of the Standing Committee.
1. 1.
2. 2.
And in the presence of the Municipal Secretary Municipal Secretary
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DECLARATION CUM INDEMNITY BOND
(On Rs. 500/- Stamp Paper)
I, ______of ______, do hereby declared and undertake as under.
1. I declare that I have submitted certificates as required to Executive engineer
(Monitoring) at the time of registration of my firm/company ______and there is no change in the contents of the certificates that are submitted at the time of registration.
2. I declare that I ______in capacity as Manager/Director/Partners/Proprietors of
______has not been charged with any prohibitory and /or penal action such as banning(for specific time or permanent)/de-registration or any other action under the law by any Government and/or Semi Government and/or Government undertaking.
3. I declare that I have perused and examined the tender document including addendum, condition of contract, specifications, drawings, bill of quantity etc. forming part of tender and accordingly, I submit my offer to execute the work as per tender documents at the rates quoted by me in capacity as ______of ______.
4. I further declare that if I am allotted the work and I failed to carry out the allotted work in accor - dance with the terms and conditions and within the time prescribed and specified, MCGM is enti - tled to carry out the work allotted to me by any other means at my risk and cost, at any stage of the contract.
5. I also declare that I will not claim any charge/damages/compensation for non availability of site for the contract work at any time.
6. I declare that I will positively make the arrangements of the required equipment on the day of commencement or with respect to the progress of the work in phases, as per the instructions of site in charge
Signature of Tenderer/Bidder
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Circulars
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