REQUEST FOR PROPOSAL
Selection of Consultant for
Preparation of Detailed Project Report for
Barna Dam Multi Village Scheme (MVS)
NIT No. 37/Proc./MPJN/2021-22 Bhopal, Date: 15.06.2021
MADHYA PRADESH JAL NIGAM (A Government of Madhya Pradesh Undertaking) D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Web: mpjalnigam.mp.gov.in, E-mail: [email protected] Ph: 0755-2579874, 2579034/35/36 Fax: 0755-2579873 CIN - U41000MP2012SGC02879 TABLE OF CONTENTS
Section 1. Notice Inviting e-Tender ...... 3 Section 2. Instructions to Consultants ...... 5 A. General Provisions ...... 5 1. Definitions...... 5 2. Introduction ...... 6 3. Conflict of Interest ...... 6 4. Unfair Competitive Advantage ...... 7 5. Fraud and Corruption ...... 8 6. Eligibility ...... 8 B. Preparation of Proposals ...... 9 7. General Considerations ...... 9 8. Cost of Preparation of Proposal ...... 9 9. Language ...... 9 10. Only One Proposal ...... 9 11. Proposal Validity ...... 9 12. Clarification and Amendment of RFP ...... 10 13. Proposal Format, Submission and Content ...... 10 C. Opening and Evaluation ...... 12 14. Confidentiality ...... 12 15. Opening of Technical Proposals ...... 12 16. Proposals Evaluation ...... 12 17. Evaluation of Technical Proposals ...... 12 18. Public Opening of Financial Proposals ...... 13 19. Correction of Errors in Lump-Sum Contracts ...... 13 D. Award ...... 13 20. Award of Contract ...... 13 E. Data Sheet ...... 14 Schedule 1 – Bid Capacity ...... 16 Section 3. Terms of Reference ...... 18 Annexure 1 ...... 39 Annexure 2 ...... 50 Section 4. Conditions of Contract and Contract Forms ...... 53 I. Form of Contract ...... 56 II. General Conditions of Contract ...... 58 III. Special Conditions of Contract ...... 71 IV. Appendices ...... 74
Section 1. Notice Inviting e-Tender 3
Section 1. Notice Inviting e-Tender
MADHYA PRADESH JAL NIGAM (A Government of Madhya Pradesh Undertaking) D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Ph.: 0755-2579034-36, 2579874 || Fax: 0755-2579873 Web: mpjalnigam.mp.gov.in || E-mail: [email protected] CIN - U41000MP2012SGC028798
NIT No.: 36-43/Proc./MPJNM/2021-22 Bhopal, Dated 15/06/2021 Madhya Pradesh Jal Nigam, Bhopal invites online tenders from consultants empanelled under EOI No. 19/02/Tech./MPJN/2019 Dated 14.10.2019 for following works as per the critical date specified on Madhya Pradesh Government E-Procurement Portal https://mptenders.gov.in. 1. Name of Work: Consultancy Services for Preparation of Detailed Project Report for Multi Village Schemes for villages of various districts of Madhya Pradesh which include Survey & investigation, Source Study & Assessment, Design, Drawing, Cost Estimates, Technical Specifications and Bill of Quantities etc. complete. 2. Proposed Multi Village Schemes
Probable Time Earnest Cost of No. of Amount of Period S. NIT Money Tender District Name of Scheme Source Villages Consultancy (including No. No. Deposit Form (Tentative) (PAC) rainy (INR) (INR) (Rs. Lakh) season)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1 36 Vidisha Hanota Hanota Dam 580 126.50 1,26,500 12,500 3 Months
2 37 Raisen Barna Dam Barna Dam 406 101.64 1,01,700 12,500 3 Months
3 38 Vidisha Kotha Kotha Dam 313 75.23 75,300 10,000 3 Months
Gairatganj- 4 39 Raisen Barna Dam 240 49.36 50,000 5,000 3 Months Silwani
Bina Irrigation 5 40 Vidisha Madiya Bina 205 47.45 50,000 5,000 3 Months Scheme
Narmada 6 41 Raisen Narmada River 231 47.38 50,000 5,000 3 Months River
7 42 Vidisha Tem Tem Dam 206 45.96 50,000 5,000 3 Months
8 43 Raisen Begumganj Ext.2 Semri Dam 109 19.20 38,400 2,000 2 Months Section 1. Notice Inviting e-Tender 4
Terms: 1. The DPR shall be prepared as per the operational guidelines of Jal Jeevan Mission (JJM), Department of Drinking Water and Sanitation (DDWS), Ministry of Jal Shakti (MoJS), Government of India (GoI) as amended from time to time. 2. Detailed NIT can be seen and downloaded from the Madhya Pradesh Government E- Procurement Portal (https://mptenders.gov.in). 3. Cost of Tender Document and EMD of required amount is to be submitted online on Madhya Pradesh Government E-Procurement Portal. 4. The schedule for bidding process is specified as critical dates on the Madhya Pradesh Government E-Procurement Portal. 5. The Pre-bid meeting will be held as per schedule mentioned on Madhya Pradesh Government E-Procurement Portal at MPJN head office, Bhopal. Bidders may submit their queries through email to contact details specified in Data Sheet. 6. MPJNM will not be responsible for any delay in submission of Bid due to any reason. 7. The bidder shall calculate its Bid Capacity as per Schedule 1 given in the tender document and submit online in Cover-2. The financial bids shall be opened in the descending order according to PAC of the bids due for opening on the scheduled date. The financial offer of the bidder whose bid capacity is lower than the PAC given in the NIT shall not be opened. 8. During the evaluation of multiple bids being opened on the same day, if a bidder is awarded any work from the tendered packages then for the subsequent packages the bidding capacity shall be re-evaluated by subtracting the estimated contract amount of the awarded package. 9. MPJNM reserves the right to accept or reject any Bid, cancel the bidding process and reject all bids, at any time prior to the award of contract, without incurring any notice and answerability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders regarding the grounds for the decision. 10. For any queries related to bid document, please call Madhya Pradesh Jal Nigam Phone No. - 0755-2579874, 0755-2579034-35-36. 11. For any queries related to bid submission, please call Madhya Pradesh Government E- Procurement Cell Help Desk Number 0120-4001 002, 0120-4200 462, 0120-4001 005, 0120-6277 787.
Managing Director Madhya Pradesh Jal Nigam
Section 2. Instructions to Consultants 5
Section 2. Instructions to Consultants
A. General Provisions
1. Definitions (a) “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant. (b) “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. (c) “Client” means Madhya Pradesh Jal Nigam. (d) “Consultant” means a legally established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract. (e) “Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents. (f) “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific assignment conditions to supplement, but not to over-write, the provisions of the ITC. (g) “Day” means a calendar day, unless otherwise specified as “Business Day”. A Business Day is any day that is an official working day of the client. It excludes official public holidays. (h) “Government” means the Government of India or Government of Madhya Pradesh, as the case may be. (i) “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including, if specified in the Data Sheet, distributed or received through the electronic- procurement system used by the Client) with proof of receipt; (j) “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one Consultant where one member has the authority to conduct all business for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract. (k) “ITC” (this Section 2 of the RFP) means the Instructions to Consultants that provide the shortlisted Consultants with all information needed to prepare their Proposals. Section 2. Instructions to Consultants 6
(l) “Proposal” means the Technical Proposal and Financial Proposal of the Consultant. (m) “RFP” means this Request for Proposal be prepared by the Client for the selection of Consultants. (n) “Services” means the work to be performed by the Consultant pursuant to the Contract. (o) “Terms of Reference (TORs)” means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.
2. Introduction 2.1. The Client named in the Data Sheet intends to select a Consultant from those empanelled as per the empanelment notification mentioned in Data Sheet, in accordance with the method of selection specified in the Data Sheet. 2.2. The empanelled Consultants are invited to submit online Technical & Financial Proposal, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. 2.3. The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposals, including attending a pre-proposal conference if one is specified in the Data Sheet. Attending any such pre-proposal conference is optional and is at the Consultants’ expense. 2.4. The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet.
3. Conflict of 3.1. The Consultant is required to provide professional, Interest objective, and impartial advice, at all times holding the Client’s interest’s paramount, strictly avoiding conflicts
with other assignments or its own corporate interests and acting without any consideration for future work. 3.2. The Consultant has an obligation to disclose to the Client any situation of actual or potential conflict that impacts its capacity to serve the best interest of its Client. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract. Section 2. Instructions to Consultants 7
3.2.1. Without limitation on the generality of the foregoing, the Consultant shall not be hired under the circumstances set forth below:
a. Conflicting (i) Conflict between consulting activities and procurement of Activities goods, works or non-consulting services: a firm that has been engaged by the Client to provide goods, works, or non-consulting services for a project, or any of its Affiliates, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non-consulting services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, or any of its Affiliates, shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation. b. Conflicting (ii) Conflict among consulting assignments: A Consultant Assignments (including its Experts) 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 for the same or for another Client. c. Conflicting (iii) Relationship with the Client’s staff: A Consultant Relationships (including its Experts) that has a close business or family relationship with a professional staff of the Client, who are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment, (ii) the selection process for the Contract, or (iii) the 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 client throughout the selection process and the execution of the Contract.
4. Unfair 4.1. Fairness and transparency in the selection process require Competitive that the Consultants or their Affiliates competing for a Advantage specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Client shall indicate in the Data Sheet and make available to all shortlisted Consultants together with this RFP all information that Section 2. Instructions to Consultants 8
would in that respect give such Consultant any unfair competitive advantage over competing Consultants.
5. Fraud and 5.1. The client requires compliance with Anti-Corruption Corruption Guidelines and prevailing sanctions policies and procedures as set forth by the Government. 5.2. In further pursuance of this policy, Consultants shall permit and shall cause its agents (where declared or not), subcontractors, service providers, suppliers, and their personnel, to permit the Client or its representative to inspect all accounts, records and other documents relating to any short listing process, Proposal submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Client.
6. Eligibility 6.1. The Client permits consultants to offer consulting services who have been empanelled for providing the necessary services. 6.2. Furthermore, it is the Consultant’s responsibility to ensure that its Experts, joint venture members, agents (declared or not), sub-contractors, service providers, suppliers and/or their employees meet the eligibility requirements as established in the Applicable Regulations. 6.3. As an exception to the foregoing ITC 6.1 and ITC 6.2 above:
a. Sanctions 6.3.1. A Consultant that has been sanctioned by the Client, state government or any of its departments, central government or any of its departments shall be ineligible to provide services or submit proposals.
b. Restrictions 6.3.2. Government officials and civil servants are not eligible for Public to be included as Experts, individuals, or members of Employees a team of Experts in the Consultant’s Proposal unless: (i) the services of the government official or civil servant are of a unique and exceptional nature, or their participation is critical to project implementation; and (ii) Their hiring would not create a conflict of interest, including any conflict with employment or other laws, regulations, or policies. Section 2. Instructions to Consultants 9
B. Preparation of Proposals
7. General 7.1. In preparing the Proposal, the Consultant is expected to Considerations examine the RFP in detail. Material deficiencies in providing the information requested in the RFP may result in rejection of the Proposal.
8. Cost of 8.1. The Consultant shall bear all costs associated with the Preparation of preparation and submission of its Proposal, and the Client shall Proposal not be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. The Client is not bound to accept any proposal and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultant.
9. Language 9.1. The Proposal, as well as all correspondence and documents relating to the Proposal exchanged between the Consultant and the Client, shall be in English.
10. Only One 10.1. The Consultant (including the individual members of any Proposal Joint Venture) shall submit only one Proposal, either in its own name or as part of a Joint Venture in another Proposal. If a Consultant, including any Joint Venture member, submits or participates in more than one proposal, all such proposals shall be disqualified and rejected.
11. Proposal Validity 11.1. The Data Sheet indicates the period during which the Consultant’s Proposal must remain valid after the Proposal submission deadline. 11.2. During this period, the Consultant shall maintain its original Proposal without any change to the proposed rates and the total price.
a. Extension of 11.3. The Client will make its best effort to complete the Validity Period negotiations within the proposal’s validity period. However, should the need arise, the Client may request, in writing, all Consultants who submitted Proposals prior to the submission deadline to extend the Proposals’ validity. 11.4. If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change in the original Proposal. Section 2. Instructions to Consultants 10
11.5. The Consultant has the right to refuse to extend the validity of its Proposal in which case such Proposal will not be further evaluated.
b. Sub- 11.6. The Consultant shall not subcontract the whole of the Contracting Services.
12. Clarification and 12.1. The Consultant may request a clarification of any part of the Amendment of RFP during the period indicated in the Data Sheet before the RFP Proposals’ submission deadline. Any request for clarification must be sent in writing, or by standard electronic means, to the Client’s address indicated in the Data Sheet. The Client 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 its source) to all empanelled Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure described below: 12.1.1. At any time before the proposal submission deadline, the Client may amend the RFP by issuing an amendment in writing or by standard electronic means. The amendment shall be uploaded on Madhya Pradesh Government E- Procurement Portal and will be binding on all empanelled Consultants. 12.1.2. If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals.
13. Proposal Format, 13.1. Preparation of Proposal Submission and 13.1.1. Bidder should login on the M.P. Govt. E- Content Procurement Portal (https://mptenders.gov.in) and prepare the bid after following the complete procedure of portal. 13.1.2. Bidder should consider any corrigendum / addendum published online before submitting their bids. 13.1.3. Bidder should login on the portal well in advance for bid submission so that they can upload the bid Section 2. Instructions to Consultants 11
in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to any issues. 13.2. Preparation of covers: single stage three cover system 13.2.1. In the 1st cover of online submission, Bidders are directed to submit the detail of tender document fee and EMD. 13.2.2. In the 2nd cover of online submission, Bidders are directed to submit duly signed bid capacity statement along with bid capacity calculation in accordance with Schedule 1 of Data Sheet. 13.2.3. In the 3rd cover of online submission, Bidders are directed to submit Financial Proposal in portal (only online submission accepted). 13.3. The Consultant and its Experts are responsible for meeting all tax liabilities except GST arising out of the Contract. GST will be payable separately on prevailing rates. All dues regarding taxes, etc. excluding GST levied on the Consultant’s work by the Government and local bodies will be payable by the Consultant. 13.4. Taxes and duties paid by the Consultant for this work, for which Consultant was not responsible on the day of submission of its financial bid, will be reimbursed on production of proof of deposit of such claim. 13.5. All other deductions e.g. Income Tax, Security Deposit, etc. as per rules and terms shall be deducted from the running bills of the consultants. 13.6. The Consultant shall express the price for its Services in Indian National Rupees. 13.7. Payment under the Contract shall be made in Indian National Rupees. 13.8. The Technical Proposal (Cover 1 & Cover 2) shall not include any financial information. A Technical Proposal containing material financial information shall be declared non-responsive. 13.9. Information, which the bidder considers to be proprietary, should be clearly marked as such. All information provided by the bidder will be treated as confidential and used for Client internal purposes only. Section 2. Instructions to Consultants 12
C. Opening and Evaluation
14. Confidentiality 14.1. From the time the Proposals are opened to the time the Contract is awarded, the Consultant should not contact the Client on any matter related to its Proposal. Information relating to the evaluation of Proposals and award recommendations shall not be disclosed to the Consultants who submitted the Proposals or to any other party not officially concerned with the process, until the Award of the Contract. 14.2. Any attempt by empanelled Consultants or anyone on behalf of the Consultant to influence improperly the Client in the evaluation of the Proposals or Contract award decisions may result in the rejection of its Proposal. 14.3. Notwithstanding the above provisions, from the time of the Proposals’ opening to the time of Contract award publication, if a Consultant wishes to contact the Client on any matter related to the selection process, it shall do so only in writing.
15. Opening of 15.1. The Client’s evaluation committee shall conduct the opening Technical of the Technical Proposals in the presence of the Proposals Consultants’ authorized representatives who choose to attend. The opening date, time and the address are stated in Critical Dates on the Portal. 16. Proposals 16.1. Subject to provision of Clause 13.8 of the ITC, the evaluators Evaluation of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. 16.2. The Consultant is not permitted to alter or modify its Proposal in any way after the proposal submission deadline. While evaluating the Proposals, the Client will conduct the evaluation solely on the basis of the submitted Technical and Financial Proposals. 17. Evaluation of 17.1. The Client’s evaluation committee shall evaluate the Technical Technical Proposals on the basis of their responsiveness to Proposals the RFP, applying the evaluation criteria specified in the Data Sheet. A Proposal shall be rejected at this stage if it does not comply with the evaluation criteria specified in the Data Sheet. Section 2. Instructions to Consultants 13
18. Public Opening 18.1. The Consultant’s attendance at the opening of the Financial of Financial Proposals is optional and is at the Consultant’s choice. Proposals 18.2. The Financial Proposals shall be opened publicly by the Client’s evaluation committee in the presence of the representatives of the Consultants who choose to attend on the date mentioned in Data Sheet. These Financial Proposals shall be then opened, and the total prices read aloud and recorded. 18.3. The Client will select the Consultant with the lowest price among the Proposals and invite such a Consultant to sign the Contract. 19. Correction of 19.1. The Consultant is deemed to have included all prices in the Errors in Lump- Financial Proposal, so neither arithmetical corrections nor Sum Contracts price adjustments shall be made. Where there is a discrepancy between the amount in words and the amount figures, the amount in words shall prevail.
D. Award
20. Award of 20.1. The Contract shall be signed promptly upon notification of Contract Award. 20.2. The Consultant is expected to commence the assignment on the date and at the location specified in the Data Sheet.
Section 2. Instructions to Consultants 14
E. Data Sheet
ITC Reference Details
A. General 2.1 Name of the Client: Madhya Pradesh Jal Nigam Method of selection: Least Cost Based Selection Empanelment Notice No. EOI No. 19/02/Tech./MPJN/2019 Dated 14.10.2019
2.2 Name of Assignment: Consultancy Services for Preparation of Detailed Project Report (DPR) for Barna Dam Multi Village Scheme (MVS), District - Raisen, Madhya Pradesh Technical & Financial Proposal to be submitted online
2.3 A pre-proposal conference will be held: Yes Date of pre-proposal conference: As indicated in schedule of critical dates on the Portal The Client’s address is: Attention: Manging Director Mailing Address: Madhya Pradesh Jal Nigam (A Government of Madhya Pradesh Undertaking) D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Email: [email protected] Responses to any request for clarification, if any, will only be published on the Portal indicated below. Madhya Pradesh Government E-Procurement Portal: https://mptenders.gov.in/ Client’s web page: mpjalnigam.mp.gov.in The Client’s representative in charge of pre-proposal conference: Name : Sri P K Raghuwanshi, General Manager - Procurement Telephone : 0755 - 2579874 E-mail : [email protected]
2.4 The Client will provide the following inputs, project data, reports, etc. to facilitate the preparation of the Proposals: As included in the RFP
4.1 N/A B. Preparation of Proposals 11.1 Proposals must remain valid for 180 days after the proposal submission deadline.
12.1 Clarifications may be requested no later than 1 day prior to pre-bid meeting date. The contact information for requesting clarifications is as indicated in DS 2.3. Section 2. Instructions to Consultants 15
ITC Reference Details
13.2 The Proposals must be submitted in accordance with the schedule specified as Critical Dates on Madhya Pradesh Government E- Procurement Portal (https://mptenders.gov.in).
The Proposals shall be submitted online on Madhya Pradesh Government E-Procurement Portal (https://mptenders.gov.in).
C. Opening and Evaluation
17.1 Bid Capacity should be equal to or greater than Probable Amount of Contract (PAC) specified in Notice Inviting e-Tender.
18.2 The Financial Proposals shall be opened in accordance with the schedule specified on Madhya Pradesh Government E-Procurement Portal (https://mptenders.gov.in).
D. Award
20.2 Expected date for the commencement of the Services: 10 days after issuance of the Letter of Award.
Section 2. Instructions to Consultants 16
Schedule 1 – Bid Capacity (to be filled in by the Bidder)
I. Average Annual Turnover for last 5 Financial Years
Average Annual Average Annual Turnover Escalation Financial Year Turnover after Escalation S. Factor No. (Rs. Lakh) (Rs. Lakh) (1) (2) (3) (4) = (2) * (3) 1 2019-20 1.00 2 2018-19 1.10 3 2017-18 1.21 4 2016-17 1.33 5 2015-16 1.46
Note: i. Escalation as specified in the table above shall be given to bring the value at present level. ii. Certificate of Average Annual Turnover duly signed by Chartered Accountant to be submitted.
II. Existing Commitments (Work in Hand)
Existing commitments – (Value of ‘C’ - Work in Hand for Bid Capacity formula)
Employer/ Amount Agreement Date of Amount Engineer in S. Name of Date of of Number & Work of Charge’s No. Work Completion balance Year Order Contract Name and work* Address
Total * The amount of balance work should be computed as Amount of Contract minus Billed Amount as on submission date. Note: i. Certificate duly signed by the Employer / Engineer-in-Charge not below Executive Engineer shall be enclosed for each ongoing work. ii. Certified copy of amount of balance work duly signed by Chartered Accountant to be submitted. Section 2. Instructions to Consultants 17
III. Bid Capacity Calculation Bid Capacity = (2 x A x B) – C Where: A = Maximum turnover (after escalation) in any one year during last 5 years Proposed contract period for the subject tender in years [to be taken as 0.5 for contracts B = up to six months] C = Amount of work in hand at present
Note:
i. Bid Capacity duly calculated according to the above process has to be submitted by the Bidder/each member of Joint Venture. ii. The financial offer of the bidder whose bid capacity is lower than the PAC given in the NIT shall not be opened.
Section 3. Terms of Reference 18
Section 3. Terms of Reference
Preparation of Detailed Project Report
A. Objective of the Assignment The objective of the assignment is to prepare Detailed Project Report in compliance with Jal Jeevan Mission (JJM), Department of Drinking Water and Sanitation (DDWS), Ministry of Jal Shakti (MoJS), Government of India (GoI) guidelines and other applicable standards for preparation of rural water supply schemes to provide water supply at household level in various villages of the state. An indicative list of applicable standards and regulations is as follows: i. Jal Jeevan Mission (JJM) Operational Guidelines or any further revision ii. Any further guidelines / specifications issued by Jal Jeevan Mission (JJM), Department of Drinking Water & Sanitation (DDWS), Ministry of Jal Shakti (MoJS), Government of India (GoI) iii. Manual for Preparation of Detailed Project Report for Rural Piped Water Supply Schemes published by Ministry of Drinking Water & Sanitation, GoI iv. Manual on Water Supply and Treatment by Central Public Health and Environmental Engineering Organisation (CPHEEO), Ministry of Urban Development, GoI v. Specification of RCC work and other civil works, pipes and fittings, gates, valves, specials and all other materials shall be governed by relevant latest BIS codes and specifications. vi. National Building Code of India (latest edition) vii. Code of practice for earthquake resistant designs IS-1893 viii. Specification for civil engineering works shall be governed by "Standard Specification Published" by State Govt and / or CPWD Govt of India with up to date amendments. ix. Government specification for electric works in Govt. Department in Madhya Pradesh in force from 1972 with up to date amendments. x. Any other specification not covered under the above said standard or / and required to be changed as per site conditions shall be fixed by the Madhya Pradesh Jal Nigam. Design Period for Components Design period for various components should be according to the Manual for Preparation of Detailed Project Report for Rural Piped Water Supply Schemes published by Ministry of Drinking Water & Sanitation, Government of India as updated from time to time. Accordingly, project components should be designed to meet the requirements of the following design period: Design Period S. No. Items (in years) 1 Source – Surface 30 2 Intake works 30 3 Pumping i. Pump house (Civil works) 20 Electric motor and pumps (stars rated (electric motors – ii. 10 energy efficient pumps) may be used) 4 Water Treatment Units 20 Section 3. Terms of Reference 19
Design Period S. No. Items (in years) Pipe connection to several treatment units and other small 5 20 appurtenances 6 Raw water and clear water conveying mains 20 Clear water reservoirs at the head works, balancing tanks and 7 20 service reservoirs (overhead or ground level) 8 Distribution system 20
B. Scope of Services The Consultant’ services will be used for preparation of DPR and overall responsibility to deliver the outputs will rest solely with the Consultant. The Consultant shall ensure timely delivery of the documents and completion of various works assigned, establish coordination among all stakeholders and within the team members of the Consultant and to interact with the Client on regular basis. Consultant must submit fortnightly progress report of the work done and a technical person must attend the PIU / Head office to discuss issues / provisions being taken in the DPR on fortnightly basis. Detailed Task and Expected Deliverables The Consultant shall be responsible to carry out the tasks appended hereunder. The Consultant shall be wholly responsible for all the details of the proposal, the physical and site conditions, the execution methodology, etc. All data utilized in preparation of the proposal shall be presented indicating the source of the data and also the basis of assumptions, if any. The Consultant shall be responsible for all the data or designs and drawings and cost estimate given by them. The Consultant shall submit all details/ supporting documents such as survey details, village maps, population projections (excel format with formulas), hydraulic designs (design files), thrust block designs and hydraulic design outputs/economical diameter calculation for mains (excel format), schematic drawings, electrical design calculations, load calculations, single line diagrams, mechanical drawings, piping & instrumentation diagrams (P&IDs), general arrangement diagrams for all components, flow and process diagram of water treatment plant, SCADA architecture, typical arrangements for fixing of SCADA instruments, proposed SCADA philosophy, layout diagrams for all structural components of water supply system, typical arrangements for fixing of appurtenances, chamber details, khasra maps showing availability of land, etc. complete. L sections for transmission mains & all drawings shall be in AUTOCAD format. Detailed cost estimates of all components in excel format (with formulas). The tasks appended hereunder are neither limited nor conclusive; the Consultant shall ensure fulfilment of their tasks and responsibilities. The Detailed Project Reports should be prepared adhering to the requirements of Jal Jeevan Mission (JJM) Operational Guidelines issued by Department of Drinking Water and Sanitation, Ministry of Jal Shakti, Government of India. 1. Field Investigations and Site Surveys i. Geotechnical Surveys: Soil tests as per relevant IS/ IRC Standards must be carried out by Consultant to arrive at design parameter for the formation and safe bearing capacity. At locations proposed for important installations like OHT, etc. minimum of two boreholes for every such installation shall be made to determine the SPT-N values at depth specified in the relevant IS codes, soil samples taken from bore holes should Section 3. Terms of Reference 20
be usually classified, index properties should be determined and presented in along with the final report. ii. Conditional Assessment: Carry out inspection of the service area understand problems in equitable distribution and identify required operational measures or investment proposals. Identifying critical bottlenecks and problems of the existing system with the help of detailed topographic survey and prepare base maps for the existing distribution system including all the infrastructures, strip plans to improve the information base and analyse the existing water supply system in the project area using hydraulic modelling with WaterGems or other standard modelling software. iii. Water Quality: To conduct water quality test for the samples collected at intake location for all the parameters in an accredited laboratory. iv. Topographical Survey: The topography and other surveys for OHR/ UGR locations and other salient features, etc., shall be conducted by the Consultant as per the needs of the project and described in this ToR. 2. Design Scope i. The design should be optimized in considering the locations of existing overhead tanks unaltered and relocating the proposed overhead tanks if required and taking much care in designing the network. Consultant shall ensure that in distribution pipeline design, there is a single point control, for each village. ii. The optimized design should ensure that at all the nodes in the design, adequate residual pressure is available and quantity, as per the norm in force. iii. Consultant shall collect details of all the useable existing water supply infrastructure such as WTP, OHT and pipelines in consultation with GM, PIU and shall use them for the new scheme and shall enclose a certificate in DPR to that effect. The Consultant shall also include details of works and estimate for renovation of the existing infrastructure which are proposed to be used in the scheme. iv. GAD drawings of all proposed components to be prepared and enclosed with the DPR. v. All electrical installations and necessary drawings relating to OHR/ UGR/ Pump house shall be prepared with electrical designs including estimation of the load for obtaining service connection. vi. Estimation of Quantity and Costs: Prepare project cost estimate including capital, O&M Costs based on the above and prepare financial analysis and economic analysis including internal rate of return/economic rate of return of the project. Justify the assumptions made by illustrations, which are executable. The cost estimate shall be based on the current schedule of rates. The estimate shall include road restoration charges. There shall not be any lump sum provision in the estimate. For items not covered in the schedule of rates market rates shall be adopted with evidence of three quotes received from reputed firms or suppliers. BoQ should be detailed and comprehensive to cover all aspects, including safety, worker facilities, EMP, etc., as part of DPR preparation. vii. Other provisions to be considered in BoQ / Estimate Provisions: Critical costs such as shifting of underground utilities, working in unsafe-unhygienic-narrow areas, highly populated and high traffic areas and high rock and highwater table areas. Provision for trenchless technology should be provided wherever required. Rates for material of construction should be specified for pipes, pumps and valves. Provision of finance Section 3. Terms of Reference 21
charges, insurance charges, labour cess, third party inspection charges, employer’s office, transport, etc. and provision for statutory taxes and duties & GST; provisions for safety planning, EMP, appropriate costs towards, vehicles, staff, laboratory equipment and tests etc., for the employer; should also be included. Price contingencies should be linked to implementation time frame and expected escalation. For the purpose of price adjustment, Price index for the various components involved in the estimate should be calculated and incorporated in the Bid Document. viii. Consultant shall make the provision for plantation specifying number and type of plants at all appropriate sites like Intake well, WTP, BPT, MBR, OHT, along with the approach road as per site situation and conditions. ix. The Consultant shall submit the Final Report consisting of conceptual drawings, engineering drawings, detailed designs / drawings, etc., as required) along with Final BOQ’s consisting of separate estimates of “in-village components” and their village wise cost with separate drawing for each village, Operations and Maintenance plan, etc. x. Implementation Plan: Prepare detailed implementation plan for the project, including the list of the clearances required and procedures to be followed, related cost estimates, such as NH/ SH/ Canal/ Railways Crossings, Tree Cutting, etc. Provide estimates for hiring of PMC for the project implementation with other required costs. Brief Scope 1) Population forecasting with different methods, calculation of water requirement and other design parameters for all villages and towns as per latest Jal Jeevan Mission Operational Guidelines, Manual for Preparation of Detailed Project Report for Rural Piped Water Supply Schemes issued by Ministry of Drinking Water and Sanitation, GOI dated 20th Feb 2013, with up to date amendment if any, CPHEEO Manual on Water Supply and Treatment, NRDWP Guidelines 2013 and GOMP, PHED Guidelines, if any and other code in practice. 2) Carrying out necessary detailed survey for source and assessment of capacity of source to meet water requirement throughout the year & especially in 4 months summer season by standard norms; water testing of source and survey for intake well, pumping stations, water treatment plant, break pressure tank, etc., topographical survey for conveyance main (pumping/gravity), village map, overall village distribution system, etc. and strata details for all components of DPR. Overall village means coverage of overall villagers including Majra, Para, Tola as given in Gram panchayat record and other relevant record. In design overall village should be considered and accordingly design, drawing, estimation, etc. to be done. If no proper source is available, then suggestion to develop source/water availability i/c drawing, estimation, etc. should also be done. 3) Process and Hydraulic designs of all components i.e. Storage reservoir, Intake well, Economical size of pumping mains, Design of suitable type of Raw & Clear water pumps and pump houses, Design of Electric sub stations, Hydraulic design of conveyance main with appurtenances, Structural design of pillars, thrust blocks, etc., Hydraulic design of different components of treatment plant, Break pressure tank, design of distribution system along with design of overhead tanks/cisterns, staff quarters, approach roads & other components of DPR. 4) Preparation of detailed coloured/B&W computerized drawings such as of Index map showing area under consideration along with major proposed works, Schematic diagram, Section 3. Terms of Reference 22
Detailed village map showing existing and proposed works along with main features of villages, drawing of Intake well cum pump house, Water treatment plant, Break pressure tank, OHTs, Pump houses, Pillars, Thrust block, L-section with plan of conveyance mains and distribution system. 5) Preparation of detailed quantity and abstract estimates, report and CPM network for execution like Intake well cum pump house & approach bridge/road, Raw & Clear water pumps, Electric sub stations, Conveyance mains (pumping/gravity) with appurtenances, Pillars, Thrust block, etc., Treatment Plant, Break Pressure tank, Distribution systems, Over Head Tanks / Cisterns, Pump houses, Staff quarters, Approach roads & Other components of DPR, Land acquisition, Operation and Maintenance Estimate along with proposal of revenue generation, Writing technical report, Preparation of CPM/Pert Chart, Compilation of Design, Drawing, Estimates, etc. & submission of 10 copies of DPR along with soft copies.
Note: Schematic diagrams of complete Project, to append in tender document for execution of scheme, shall be submitted to give clear view of area to be covered and its profiles with levels in minimum possible drawings, separately in 3 sets of hard and soft copies along with the salient features. For achieving the above scope of work, the Consultant should carry out the following tasks: • Collection of all relevant data including old water supply data, if already in existence and utilize those components which can be used, preparation of inception & feasibility report, collection & analysis of water at source minimum one in a month for three months, continuously testing it from Government Engineering College, Madhya Pradesh Pollution Control Board, Laboratory for Physical, Chemical & Bacteriological testing. If rainy reason does not fall during contract period then collection of water quality data from water treatment plant on same source, if possible. • Complete survey for overall scheme including villages with existing facility and other source of water i.e. handpump, tube well, wells etc. and possible more villages if any, not covered or mentioned in the tender. • The survey data shall be plotted at a suitable scale and it should be CAD 3D format/ GIS format adopting appropriate scale & size showing contours at 0.5 m interval for WTP, MBR and any campus having area more than 625 sq. mts. • Map showing the scheme area with all the village (along with their census codes) and other administrative boundaries viz. block, district, parliamentary constituency boundary, legislative assembly boundary, water supply infrastructure including the intake, WTP and pipelines and collection of revenue data, if any from Gram Panchayat. • Consent from Gram Panchayat/Urban body regarding execution of scheme & supply of water, collection of revenue etc. • Hurdles/obstruction/clearances from authorities should clearly be indicated. Source should be as selected that, it shall be free from any hurdles/obstruction etc. • Preparation of final DPR. • The selected electric supply source/tapping point/selected substation should have sufficient capacity to supply the uninterrupted electric supply. Hence, consent of concerned electric company should also be taken. • One village should be considered like one DMA (District Metering Area) and should have separate tapping point to each village in order to make equitable distribution of water. Section 3. Terms of Reference 23
6) Project Cost & Financial Viability (i) The consultant shall undertake assessment of capital and operating costs for the proposed infrastructure development and operating plan. (ii) The cost estimation shall be based on bill of quantities with separate costs for civil work, material supply and installation and commissioning. Works and material prices shall be as per relevant schedule of rates being followed by MPJN and in case of bought out items, consultants shall obtain market rates and provide the basis of estimated cost. (iii) Annual operating cost model shall be prepared from the year of commissioning and up to 20-year time frame with necessary inflation. The cost shall show the demand and connections growth, production volume, sales volume, breakup of electricity costs, staff salaries, repair and maintenance and other consumables etc. The consultant shall prepare an operational plan duly assessing the organization structure, staffing required, office infrastructure required for staff as well as for customer services, transport, tools and plants necessary including spares for ensuring effective and efficient operations. (iv) Financial analysis for IRR and ERR shall also be incorporated in the DPR along with cost benefit Analysis. 7) Implementation Plan (i) Preparation of the project implementation schedule for execution. This will also include drawing up project budget with monthly/quarterly target, furnish network analysis such as CPM, PERT for purposes of effective project monitoring and regular reports. (ii) Suggesting use of modern technologies for implementation (monitoring / construction / O&M) of project. Suggesting Operation and Maintenance plan of the plant and facilities created. 8) Environment & Social Consideration (i) Preparation of Environmental and Social impact assessment Report to prepare necessary impact assessment and Environmental Mitigation Plans and Resettlement action Plans, if required. (ii) Identifying specific protection arrangement for trees and other sensitive environmental components. Tree cutting requirement if any shall be clearly identified and listed with schedule of permission from regulatory authorities to facilitate cutting. 9) Water Recycling and Reuse - The consultant shall give emphasis on water recycling and reuse while suggesting the technology for water treatment, the quantitative data shall be incorporated for recycling and reuse of water in the scheme.
10) Greywater Management - Consultant shall propose a methodology to take care of grey water likely to be generated in the project area. Cost estimates related to Grey water management are not required.
11) Others - The consultant should assess potential of convergence with other schemes like Swachh Bharat Mission, etc., for integration of components of these schemes with the proposed system of waste disposal. Section 3. Terms of Reference 24
The Consultant shall also incorporate any other information as normally desired by external funding agencies like World Bank, ADB, JICA and any other funding agency and modify the DPR if required by funding agency.
12) Consultancy services are required to carry out detailed survey work such as contour survey, levelling, etc. for sites such as river head works, balancing tank, water treatment plant, pumping stations, storages etc. for all work sites including transmission system, preparing L-section of transmission system and designing the scheme on the basis of Manual for Preparation of Detailed Project Report for Rural Piped Water Supply Schemes issued by Ministry of Drinking Water and Sanitation, GOI on dated 20th Feb 2013, Jal Jeevan Mission Operational Guidelines, National Rural Drinking Water Program (Guidelines-2013), Ministry of Rural Development, Manual on Water Supply and Treatment, latest edition, published by Central Public Health and Environmental Engineering Organization, Ministry of Urban Development New Delhi and Govt. of Madhya Pradesh wherever applicable. Preparing detailed estimates, other drawings and submitting the scheme in 10 copies along with soft copies. The detailed estimates are to be prepared as per latest SOR's/ISSR’s of M.P. UADD, all volumes except external electrification, & For external electrification M.P.V.V. CO. Ltd., M.P. PWD, M.P. PHED and M.P. WRD, etc. (if required). List of covered villages and towns, to be included in the Multi Village Rural water supply scheme and its latest census population and present anticipated population is enclosed. From feasibility point of view, at the time of survey addition, alteration and omission in proposed villages/towns may be possible, in such condition consultant is required to justify its inclusion or exclusion with proper reasoning. Also, as per Annexure-1 of NRDWP Guidelines coverage is to be mentioned. 13) The Multi Village Rural water supply scheme would be based on surface source only. The surface source must be selected such that it has sufficient flow/quantity and good quality as desired for drinking water supply scheme. It is advised that the storage reservoir (if required to be constructed) should be designed on the basis of 100% dependability. As far as selection of site of impounding reservoir is concerned, the provisions given in Manuals are followed. 14) The head works should be such that required water can be tapped easily. This will be RCC structure. The size should be adequately adopted. Selection of sites such as Head Works, Break Pressure Tank, alignment of Transmission Mains, Water Treatment Plant, OHT/GSR, etc. shall be got approved from General Manager /Deputy General Manager of PIU, Madhya Pradesh Jal Nigam of that area, before taking up detailed survey.
Pre-Feasibility Report: Multi Village Rural water supply scheme of certain villages and towns of the district of Madhya Pradesh has been identified for which Detailed Project Report is to be prepared. In this scheme, it is proposed to take required raw water from river or existing dam, from where, it is proposed to pump either in Water treatment Plant directly or through a reservoir as per topography. The treated water would be taken in the GSR or OHT of the village/town either by pumping or gravity flow. OHT's are proposed for larger villages to supply potable water at the doorstep of the consumers. The overhead tank(s) shall be so designed that by including cluster of nearby villages its capacity is not less than 50 KL. Section 3. Terms of Reference 25
Important Terms & Conditions As detailed above, the DPR should be prepared for Multi Village Rural water supply schemes for villages and towns of proposed district. At the time of preparation of DPR, there is possibility of addition, alteration and omission of villages and towns. The skeleton of the scheme as a whole shall be such that it should be easily manageable for Operation and Maintenance. As far as possible, alignment of pipes shall be avoided through forest land. The Consultant is required to submit soft copy and two hard copies of draft DPR to Project Director at Bhopal after finalizing with the General Manager/Deputy General Manager of the PIU of Madhya Pradesh Jal Nigam. Consultant has to make presentation to justify the components taken in the DPR. The changes/suggestions, if any, shall be incorporated and included in the final DPR. The final report of the project shall be submitted as per NIT invariably and shall be got approved from competent authority. Introduction / Background An introduction, giving broad details of the project area should be given in brief. Compilation of the Detailed Project Report The Consultant shall compile, prepare and submit the Detailed Project Report to Madhya Pradesh Jal Nigam within the period specified in Section 1 – Notice Inviting Tender. The Consultant should be in touch with the officers of the PIU of Madhya Pradesh Jal Nigam during preparation and compilation of the report and should discuss with them from time to time, the main features of the project, before finalizing the report, so as to complete the report within stipulated period. The Consultant shall collect, and compile data required for the project from respective Govt. authorities, Madhya Pradesh Jal Nigam and M.P. PHED. Required data will have to be collected /generated by the Consultant by contacting agencies where such data is available. The Detailed Project Report is to be prepared with such accuracy that actual execution to be taken after wards should not suffer from: (i) Inaccurate and inadequate survey and investigation. (ii) Change in the location of various components. (iii) Major changes in designs and type of work involved. (iv) Inadequate survey, quantification, estimation, acquaintance with site conditions. Cost estimates should be based on latest SOR's/ISSR’s of M.P. UADD, all volumes except external electrification & For external electrification M.P.V.V. CO. Ltd., M.P. PWD, M.P. PHED and M.P. WRD etc. (if required). Rate analysis shall be furnished for items, which are not covered under the SOR's including extra leads and lifts. Such rates shall be finalized with the consent of PIU, Madhya Pradesh Jal Nigam. Study, therefore, be carried out with more details, so that the working estimates framed by the Consultants and the quantities mentioned therein shall fairly tally with the actual execution within 10% of the estimated total cost in the detailed project report. The estimate to be prepared should be in detail. Attention of Consultants is specifically drawn to the basic, fundamental and important requirement to the job. At no stage this requirement should be allowed to be overlooked. Section 3. Terms of Reference 26
The proper design of various components is expected in the Detailed Project Report so as to provide realistic cost in DPR. Submission of contour maps shall be the essential feature of the Project Report. The site conditions are therefore, required to be observed and studied carefully as regard their suitability and adequacy and any other specific problems such as land development, foundation condition, etc. Restoration of damaged roads and services after providing and laying pipelines shall also have to be taken into account. Selection of sites and location of various sub works should be such that there would not be any major difficulty in acquiring the lands and there would not be any need to shift sites or locations of various components of the scheme. The Consultants should take cognizance of site conditions, so as to present true picture. Due consideration is to be given to encroachment, if any. The Consultants should provide a certificate in the Detailed Project Report that their authorized representative has walked over the streets, at the location of various works and along the alignment of all mains, etc and are fully conversant with the site conditions in order to ensure that the proposals made in the report can be practically implemented. The investigations include information about all conditions, water table, pipelines and cables, etc. Consultant, during the stage of compilation of report should keep Madhya Pradesh Jal Nigam informed about such specific problems. Design criteria: The project is proposed to provide 55 lpcd clear water at consumer end and raw water requirement should be taken as 80 lpcd including institutional, firefighting, losses, etc., with 20 hours pumping or as directed by Client. Hydraulic design of all the components shall be carried out on the basis of Manual Published by Ministry of Drinking water and Sanitation, Manual of Water Supply and Treatment Published by CPHEEO and other designs shall be carried out on the basis of the relevant IS codes. In case of any controversy, the decision of the Madhya Pradesh Jal Nigam shall be final and binding to Consultant/consultant. However, a brief description for design criteria is as under- (1) Population forecasting - The design population will have to be estimated as per the revised guidelines recommended by Ministry of Drinking Water and Sanitation, Govt. of India, with due regard to the entire factor governing the future growth and development of the project area. Special factor causing sudden emigration or influx of population should also be foreseen to the extent possible. A judgment based on these factors would help in selecting the most suitable method of deriving the probable trend of the population growth in the area or areas of the project as per the latest and revised guidelines of the Ministry, Govt. of India. The base year is to be considered as 2023, intermediate years as 2033, 2043 and the ultimate year as 2053 for the source, or as directed by Client. (2) Survey and Investigation - Field survey and levelling work to be carried out is connection with development of sources, site of intake well, various components of treatment units, location of service reservoirs and its capacities and elevation, alignment and longitudinal sections of conveyance main and distribution lines. Detailed maps of all villages showing location of houses, schools, markets, hospitals, important public buildings and industries and other institutions etc should be given. The survey and investigation part shall, therefore, consists of detailed survey and investigations and other aspects as under - Section 3. Terms of Reference 27
Survey would consist of chain and compass, DGPS, Theodolite survey and levelling or by Total Station at a maximum interval of 30 m and at bend locations additional levels should also be taken where important features like humps, dips, obstacles, crossing, roads, railways, rivers, etc. are met with, and as directed. The results of the survey are to be plotted on drawings to such a suitable scale as approved by the General Manager, PIU, Madhya Pradesh Jal Nigam of that area. The drawings should also show the important existing nearby structures/geographical features, if any, which are required to be located on estimation point of view. The levels are required to be co-related to MSL, Permanent, as well as Temporary Benchmarks will have to be established at places as specified by Madhya Pradesh Jal Nigam Engineers during surveying and these details should be made available in writing to Madhya Pradesh Jal Nigam. The consultants are requested to keep Madhya Pradesh Jal Nigam representatives informed as regards the survey activities being carried out at different locations so as to get themselves acquainted with the work being carried out and make suggestions, while the survey is being carried out. Detailed L-section survey should be carried out precisely. At each of the stage, the consultants, before starting the work should consult with the Madhya Pradesh Jal Nigam engineers and obtain their consent for the site, route and methodology of the survey. The detailing and further work should be carried only after such approval in respect of survey, quantification, schedule of rates, estimates and preparation of drawings, etc. After the initial works is carried out and got approved from Madhya Pradesh Jal Nigam engineer, further detailing should be done, this requirement applied in respect of land acquisition also and only after it is established that no difficulties are anticipated in respect of land acquisition, further detailing should be done. Contours should be plotted at 1.0 m of intervals or as directed by Engineers. The contouring is to be confined to areas and portion of the works where Intake well, GSR, ESR, WTP, Pumping Stations are to be provided. Brief details of the proposed units should be shown on the contour maps. Consultant shall install Benchmarks on permanent plinths of the structures as per direction of Engineer in charge, on which chainage and RL shall be painted with red paint. The Consultant shall submit list of benchmarks so prepared. Land Acquisition After the location of Head Works, GSR and ESR, Treatment Plant, Conveyance Mains, Distribution system, Approach Roads, Quarters etc. are decided, the Consultants should work out the extent of land required to be acquired at specified places. Having finalized the locations of various works, these details should be shown on the drawing showing the widths of strips of land proposed to be acquired. The consultant should furnish these details, so that Madhya Pradesh Jal Nigam can proceed with the work of land acquisition. While proposing the locations and various components and alignments, reservations under various Acts shall be verified by the consultants. The consultants shall also have to approach Jila Panchayat/Village Panchayat for their concurrence the location of works like reservoirs from the point of availability of that land for acquisition/transfer. When Jila Panchayat /Village Panchayat inform the availability of the land suggested by the consultant, then only consultant should proceed with further work of designing and estimation, etc. The Consultant shall submit the Khasra number and Map of the land required with the location of unit on that particular Khasra Map. Section 3. Terms of Reference 28
(3) Design period for different components Water Supply Projects should be designed for specified design period after their completion. The different components shall be designed as per revised “Manual for preparation of Detailed Project Report for Rural Piped Water Supply Schemes’’ published by Ministry of Drinking Water and Sanitation, Govt. of India. The RCC & other design shall be done with standard norms and relevant IS standard. The component/members in contact with water shall be designed in M-30 concrete & away from water in M-25 grade concrete. 3.1 Intake Well Cum Pump house - The following features should be considered for locating the intake - (1) The location where the best quality of water is available. (2) Absence of currents that will therefore impact the safety of the intake. (3) Formation of shoals and bars should be avoided. (4) Floods (5) Availability of power and (6) Accessibility Under sluice should be provided for withdrawal of water from more than one level to cope up with seasonable variation of depth of water. In the design of intake, a factor of safety must be allowed, as forces to be resisted by intake are known only approximately. Under mining of foundations due to water currents or overturning pressure due to deposits of silt against one side of an intake structure are to be avoided. Proposal to avoid entrance of large/small objects should be made in the under sluice by suitable means. The capacity of the conduit and the depth of the suction well should be so proposed, that the intake ports to the suction pipes of pumps will not draw air. An RCC M-30 pump house shall be proposed over intake well to house raw water pumps. The size of the pump house shall be so proposed as to locate the pumps/motors, valves, piping, Control panels and cable trays in a rational manner with easy access and with sufficient space around the equipment’s for the operation & maintenance. The minimum space between two adjoining pumps shall be 1.5 m or as per design requirement. Space for control panel should be planned as per Indian electricity rules. Proper headroom shall also be proposed. 3.2 Pumps: Minimum 50% standby arrangement shall be kept in the proposal. Prior to the selection of pump for a pumping station, detailed consideration should be given to various aspects, viz (a) Nature of liquid, whether raw or clear water (b) Type of duty required i.e. continuous, intermittent or cyclic. (c) Present and projected demand and pattern of change in demand. (d) The details of head and flow rate required. (e) Type and duration of the availability of the power supply. (f) Selecting the operating speed of pump and suitable drive / driving gear. (g) The efficiency of the pump and consequent influence on power consumption and the running costs. (h) Various options possible by permuting the parameters of the pumping system including the capacity and no. of pump including standby, combining them in series or in parallel. Section 3. Terms of Reference 29
3.3 Water Conveyance Mains: The most economical size for conveyance mains should be based on a proper analysis of the following factor - (a) The period of design considered for the project and the quantities to be conveyed during different phase of such period. (b) The different pipe sizes against different hydraulic slopes, which can be considered for the quantity to be conveyed. (c) The different pipe materials which can be used for the purpose and their relative costs as laid in position. (d) The duty, capacity and installed cost of the pump sets required against the corresponding sizes of the pipelines under consideration. (e) The recurring costs on (i) Energy charges (ii) Staff for operation of the pump sets, (iii) Cost of repairs and renewals of the pump sets, (iv) Cost of miscellaneous consumable stores, and (v) Cost of replacement of the pump sets installed to meet the immediate requirements, by new sets at an intermediate stage of design period. (vi) Rate of interest may be taken as 10.5% p.a. The material of the conduit is to be selected keeping in view the local cost and the nature of terrain to be transverse and pressure comes in the pipelines. Suitable/ required appurtenances, flow meters, thrust blocks; supporting pillars, manholes should be designed and proposed accordingly. An electro-magnetic flow meter should be provided at the inlet of OHTs. A mechanical flow meter should be provided at the branch for each village. 3.4 Reservoirs: The capacity of the service reservoir to be provided depends upon the economic alternatives amongst suitable options. The minimum service or balancing capacity depends on the hours and rate of pumping in a day, the probable variation of demand or consumption over a day, the hours of supply can be calculated from a mass diagram or by a demand and pumping budget. The variation of demand in a day for a town which depends on the supply hours may have to be assumed or known from similar towns or determined based on household survey. Reservoirs shall be proposed in RCC M-30 mix. OHT's of designed capacity shall be proposed for large villages. The capacity of the overhead tank shall be so designed that by including cluster of nearby villages its capacity is not less than 100 KL, as far as possible for smaller villages, to supply potable water at the doorstep of the consumers. 3.5 Distribution system: In the design of water supply distribution system, it is to be recognized that consumption varies with the season, month, day and hour as for as the design of distribution system is concerned, it is the hourly variation in consumption that matters. The fluctuation in consumption is accounted for, by considering the peak rate of consumption at rate of flow in the design of distribution system. A peak factor of 3 is recommended for design of distribution system with a minimum residual pressure of 7.0 m. Now a days, most of the villages are having CC roads, where excavation of the trenches and restoration of such roads is not feasible, therefore in such situations, metallic pipes may be provided in the distribution system, otherwise, HDPE pipes of minimum 6 kg/cm2 or as per design pressure 63 mm to 315 mm outer diameter and above 315 mm diameter DI pipes class as per design should be proposed and minimum diameter shall be as per Manual. The HDPE pipe joints shall be joined with the electro- fusion with coupler not the butt welded. In case of rocky or hilly area, metallic pipes should be proposed. Section 3. Terms of Reference 30
In case a village or town, now covered in the new Multi Village Rural water supply scheme is already having an individual existing water supply scheme, water from new scheme shall be connected to the existing GSR/ESR and the other component if required shall also be modified as per design requirement. The ESR shall be augmented as required. Concerned General Manager, M.P. PHE Dept. or PIU, Madhya Pradesh Jal Nigam shall give the details of existing distribution system to the successful consultants. In case the distribution system is an old one, it shall be discarded and designed afresh. In other cases, the distribution system shall be designed for additional requirement. 3.6 Treatment Plant: The aim of water treatment is to produce and maintain water that is hygienically safe, aesthetically attractive and palatable, in an economical manner. Though the treatment of water would achieve the desired quality, the evaluation of its quality should not be confined to the end of the treatment facilities but should be extended to the point of consumer use. The unit operation in water treatment should include aeration (if required), flocculation (rapid and slow mixing) and clarifications, filtration (rapid sand) and disinfection. The hydraulic design of the different units of treatment plant should be carried out according to provisions given in Manual on Water Supply and Treatment published by CPHEEO. The treatment plant units shall be proposed in RCC M-30 mix excluding building part which shall be of RCC (M-25 Mix) framed brick masonry. 3.7 Preparation of Detailed Drawings: Detailed layout maps of each village should be prepared showing all important details like School, Gram Panchayat, Hospital, Bank, Other Government buildings, Proposed and Existing works like Over Head Tanks with their capacities and staging, Pipe Lines, Cisterns, Stand Post, lengths, RLs etc. Printouts on suitable size sheets for villages and towns should be given. L-section of all the pumping mains, gravity mains should also be prepared and submitted on appropriate size sheets as directed by Madhya Pradesh Jal Nigam. Drawings should be marked with chainage, RLs of Ground, RLs of Invert of pipes, depth of cutting, locations of Pipe Appurtenances, Air Valves, Sluice Valves, Pressure Relief Valves, Pillars, etc. along with Plan of pipelines. Detailed drawings of all proposed structures should also be given on appropriate size sheets as approved by Madhya Pradesh Jal Nigam. Schematic diagram showing all the proposed works should also be prepared and submitted. All the Drawings/Maps should be prepared through computer (AutoCAD or similar equivalent software) and shall be prepared in different colour as approved by Madhya Pradesh Jal Nigam. 3.8 Preparation of Estimates: Cost estimates for all the proposed works should be given. After the survey is carried out, and the sizes and other details of various units are decided, the consultant should estimate the quantum of work involved. Having finalized such quantum of work, the consultants should proceed with the preparation of cost estimates of the various components of the work. The cost estimates are required to be prepared with full details and adequate care, in short, the estimates should not be prepared arbitrarily, and it should be ensured that quantities mentioned therein shall fairly tally with the actual execution. Variation more than 10% of the provisions made in the Detailed Project Report with the actual may disqualify the consulting agency for further empanelment. Section 3. Terms of Reference 31
Detailed estimate of intake well with approach bridge pipelines building and road works shall be prepared on the latest SOR's/ISSR’s of M.P. UADD, all volumes except external electrification, & For external electrification M.P.V.V. CO. Ltd., M.P. PWD, M.P. PHED and M.P. WRD etc. (if required). Provision for components like motor pumps, generator sets, pipes, appurtenances etc., which are not available in any SOR, should be taken on basis on current prevailing rates of manufacturer / suppliers. Detailed analysis should be done for such items and be finalized and approved by Madhya Pradesh Jal Nigam. The inflation with respect to WPI, published by Reserve Bank of India from the date of enforcement of SOR adopted till the date of submission of DPR shall be adopted to bring the estimated cost at present level separately also. Since the total provision for price escalation is based on the project implementation schedule, the consultants should first prepare the implementation schedule and finalize the same after concurrence from Madhya Pradesh Jal Nigam. The implementation should provide reasonable time for activities such as land acquisition, tendering, evaluation of offers and their proper construction period. The various agencies responsible for taking the decision in this respect will also to be identified. In the implementation chart/works programme, specific mention for the works/decision/ permission related to other departments/agencies should be clearly indicated. Also, the specific time period, in which, these activities are incorporated and should be completed should be indicated, so as to ensure timely completion of the project. The preliminary details of the villages and towns with its present scenario of water supply should also be included in the DPR. Operation & Maintenance Estimate should also be prepared on the basis of norms of Government of M.P.P.H.E.D. Dept. and submitted along with the DPR. The O&M estimates should be prepared common up to ESR of all the villages and other O&M estimates for each village in such a way that the responsibility of O&M for each village and water production cost of whole system can be ascertained. Proposal for maintenance cost recovery or Revenue Generation should also be prepared and submitted with the DPR. In the Abstract of Estimate, the O & M expenditure of first year shall be added without electricity and chemical charges. The scope of services inter-alia intended to be provided by the Consultant under this Terms of Reference (TOR) shall also include the following at the respective stages as required: 1. The selected villages, its numbers and the source are tentative. The Consultant shall be responsible to prepare a sustainable and economical scheme for the whole project area. In case of any changes, Consultant is required to justify the changes with proper reasoning. Consultant may propose more than one scheme based on techno-economic feasibility. 2. Consultant shall submit the methodology and procedure of field survey, design and estimation in the inception report. 3. Consultant shall enclose a map in DPR showing the project area boundary on base of topo-sheet layer indicating all villages, Source, Intake, WTP, MBR and other important components. 4. Consultant shall enclose a table in DPR showing all Panchayats, Villages with Census Code, Habitations, Mazra/tola with Assembly/Lok Sabha name against each village of the project area. Section 3. Terms of Reference 32
5. Consultant shall submit a certificate of having visited every Gram Panchayat/village with details of activities performed along with its time, duration and date, etc. 6. Consultant shall submit the list of Railway/NHAI/State Road Crossing along with chainage of each crossing on map as per given format. 7. Consultant shall submit GAD map and area of land required for WTP, Intake and OHT. 8. Consultant shall collect details of all the useable existing water supply infrastructure such as WTP, OHT and pipelines in consultation with GM, PIU and shall use them in new scheme. The Consultant shall enclose a certificate in DPR to that effect. The Consultant shall also include details of repairs etc. to be done and estimate for renovation of the existing infrastructure which are proposed to be used in the scheme. 9. Consultant shall submit a simple map (Nazari Naksha) of each village of gram panchayat showing all habitations/mazra verified by the Sachiv/Sarpanch regarding inclusion of all habitation with pipeline along with consent regarding running of scheme inside of the village (opening of OHT Valve) and collection of water charges. 10. Consultant shall submit list of all OHT with land requirement and Khasra with remark about availability of Govt. land or permission from other department/acquisition of land, if required. 11. Consultant shall ensure that in distribution pipeline design, there is a single point control, for each village. 12. Consultant shall make the provision for plantation in DPR specifying number and type of plants at all appropriate sites like Intake well, WTP, BPT, MBR, OHT, along the approach road where plantation is possible as per site situation and conditions. 13. Consultant must keep regular contact with PIU and submit weekly progress of work done. Technical Staff must attend the PIU office weekly to discuss issues / provisions being taken in the DPR. 14. Preliminary design of the structures should be done to work out the estimated cost of works. There is no need to give the detailed working designs and drawings of such structures. The estimates should not be merely based on per MLD basis or per Liter basis. 15. It will be the responsibility of the Consultant to ensure that all the villages in Project Area are covered and collect the population of villages as per latest census. 16. If any town is falling in the route of the Multi-Village Scheme, then the guidelines as per CPHEEO Manual on Water Supply and Treatment will be followed for the urban body, but internal water supply system of that town is not in the scope of this work, however, common components up to its bifurcation point should be designed for such cumulative capacity (after consultation with MPJN). 17. Land acquisition will be done after the approval of the scheme by MPJN, but it will be the responsibility of the Consultant to identify the land required and its location and the respective cost of the land acquisition for various sites may be worked out as per Collector’s rate. 18. The latest SORs can be downloaded from the respective web sites of the concerned department or may be purchased by the consultant at his cost, from the concerned agency/market, wherever it is available. 19. Consultant shall prepare brief profile of the area mapping of the study area, socio economic, demographic, administrative, physical, land use, historical features of the study area. 20. Consultant shall ensure that all the villages/ habitations within the project area are included in DPR and no village/ habitation is left and shall enclose a certificate in DPR Section 3. Terms of Reference 33
to that effect and also, a certificate of having visited every Gram Panchayat/ village with details of activities performed along with its time, duration and date, etc. shall be attached. 21. To carry out a comprehensive review of the existing Water Supply System for the entire area. 22. The administrative boundary for each area shall be indicated in the drawing by the Consultant. 23. For each of the Area - estimate the current population and projected population for base year, intermediate and ultimate years, fixing the expected year of commissioning as the base year based on census data and collection of all available current data and other aspects influencing the population growth both at village level and zonal level. 24. Based on the study, firm up the quantum of Water demand including bulk Water demand in the project area, based on existing Water supply source for supply of water, finalize design criteria in conformity with respective CPHEEO Manuals and other national Standards for providing Water Supply Scheme in the project area. 25. Fix the peak factor based on zoning population and as per CPHEEO guidelines and estimate the residential, commercial and institutional connections for the proposed system. 26. To assess the present condition of the water supply distribution network system (Distribution network, service reservoirs in the distribution network, Existing and proposed OHTs, GLSRs, Electrical and Mechanical Installations if any in the Distribution System, Flow Meters, PRV, zoning, District Metering Area formation/ reformation, frequency of supply, etc.) 27. Topographic Survey: Conducting further detailed topographic survey along the alignment of transmission mains, from source/ headworks/ WTP to the service reservoirs & distribution network, for the preparation of road plan with levels at suitable intervals (maximum 30 m) and at junctions of roads, locations such as change in gradients, road turnings, zoning areas and at selection of site for OHR /UGRs in due consultation with the respective GM, PIU. After completion of topographical survey work, the survey map should be certified by Area Engineers in their jurisdiction to ensure the coverage of all the villages. At least 5% of the survey work has to be cross checked in the field along with the engineers in each of the area. Creation of Temporary Bench Marks (TBM) within the project area with respect to the known GTS (Great Trigonometric Survey) benchmark or a benchmark transferred from GTS by departments like PWD, Highways, Railways, etc. and to establish PBMs in the proposed PS/ SR sites and also at the final disposal points (if any). The survey data shall be plotted at a suitable scale and it should be CAD 3D format adopting appropriate scale & size showing contours at 0.5 m interval for WTP, MBR and any campus having area more than 625 sq. mts. The Consultant should commence the topographical survey for the area initially and furnish the report at the Draft DPR stage. 28. Rate Analysis and Estimates: The Consultant shall conduct his own studies and prepare estimates based on latest schedule of rates published by the MPJN/ UADD GoMP, MPPWD, etc. and market survey for items not covered by the above including items for implementing EMPs. 29. Identify sites for Head works/ OHT/ GLSR in the project area (in consultation with revenue authorities/ MPJN/ other Government Departments) depending on the techno economic consideration and prepare land plan schedules locating Head works with Survey numbers so as to facilitate land acquisition /land alienation. Available alternate sites should also be identified for Head works/ OHR/ GLSR if existing sites are not Section 3. Terms of Reference 34
adequate and details to be furnished in the report. Land acquisition will be done after the approval of the scheme by MPJN. The respective cost of the land acquisition for various sites may be worked out as per Collector’s rate. 30. SCADA: Providing Pressure, Quality (pH, Chlorine, Turbidity), Level sensors / transmitters for every service reservoir along with raw water quality monitoring at intake and fully automated intake & WTP operations through SCADA. 31. Feeder mains are to be designed to ensure supply of required quantity of water to each reservoir. Provision of equitable distribution in the service area requires that each reservoir should get only require water neither more nor less which is impossible to do manually for all zones in the project area. Since variations in pressures at inlets affects inflows into reservoirs, pressure and flow control arrangements into the reservoirs must be automated. 32. Consultant shall make appropriate recommendations to ensure equitable distribution of water to the Service Reservoirs (SRs) and from the SRs to the Distribution system of the respective zones. 33. Study on steps required for reduction of commercial losses with an action plan for mitigating the same. 34. Consultant is required to provide a detailed SCADA plan and estimate in addition to general estimate for water supply scheme. 35. The Consultant to identify the difficult stretches to work with, such as poor foundations, high water tables, narrow areas, high traffic zones, densely populated areas, high rock zones, flood prone areas, corrosive soils, etc. 36. The Consultant to explore the different options of routing the feeder main by reducing social impact (temporary or permanent economic impacts). 37. Verifying the adequacy and efficiency of existing assets such as Pumps, Reservoirs, etc. and suggest for replacement/ additional Pump capacity, reservoirs, etc. if needed. 38. Electrical and Mechanical: Provide detailed specification for all the electrical and mechanical items proposed for the project including, designs, diagrams, etc, as required. 39. Estimation of the water connection charges and monthly tariff to be collected from the residents along with the annual indexation for hike in tariff/ connection charges. These details will provide a basis for arriving at the tariff at later date for each of the project area. 40. Environmental impact assessment: Environmental impact assessment should be undertaken, wherever required and measures identified to mitigate adverse impact, if any. Issues relating to land acquisition, diversion of forest land, rehabilitation and resettlement should be addressed in this section. 41. Resettlement Plan, if any: The Consultant to prepare necessary Resettlement Plan in line with state safeguards policy and resettlement framework. The Consultant shall also map the temporary economic impacts in pipeline alignments and propose mitigation measures. The Consultant also study the presence of Indigenous Peoples and prepare mitigation plans if needed. 42. Instrument / equipment: All necessary instruments to carry out the study shall be arranged and operated by the Consultant at its own cost. 43. Project Designs: For the given purpose and functional use of the respective projects, proper design must be developed. The Consultant has freedom to choose the design provided provisions of Manual for Rural Water Supply Schemes (GoI) / code specifications / CPHEEO stipulations are met with and the cost of construction and operations and maintenance is less. The drawings and designs shall include a general Section 3. Terms of Reference 35
arrangement drawing and detailed drawings including hydraulic and preliminary structural drawings of all components in suitable size such as A0, A1, A2, etc. The level of detailing shall be such as to enable check of conformity with code provisions, including detailed construction drawings. 44. If any town is falling in the route of the Multi-Village Scheme, then the guidelines as per CPHEEO Manual on Water Supply and Treatment will be followed for the urban body, but internal water supply system of that town is not in the scope of this work, however, common components up to its bifurcation point should be designed for such cumulative capacity (after consultation with MPJN). 45. Estimation of Quantities: Based on the surveys and designs evolved by the Consultant, within the framework and the requirements of the projects, the Consultant has to prepare detailed items and quantity schedules and subsequently work out the cost estimates, including necessary BoQ items for Environmental Management Plans. 46. Financial Models: Prepare financial models for the estimated project cost by analysing minimum five years financials and prepare Financial operating Plans. Three financial models to be prepared one with the assumption of implementing the project by State Govt & Central Government grants, loans through Externally Assisted Project. The Consultant shall also arrive at the user charges by adopting different pricing options. Any changes if required by any funding agencies should also to be carried out by the Consultant. 47. Economic Analysis: Carryout detailed economic analysis and cost-benefit analysis for the project. 48. Draw up project budget with monthly targets; furnish network analysis such as CPM, PERT for purposes of effective project monitoring and regular reports. 49. Prepare the project implementation schedule for execution including Investment Planning, alternatives for investment, phasing based on commissioning time frame and availability of funds. 50. Prepare effective resource allocation plan for cash flow, human resources, machinery & equipment and materials. 51. Prepare procurement plan and implementation time schedules with necessary packaging and phasing. 52. Recommend organizational set up for operation and maintenance of the system. Identify requirements of staff along with costs including for implementing EMP in O&M stage. 53. All permissions from the Pollution Control Board (PCB), MOEF, PWD, railways, NHAI, others, etc., to be listed out with procedures, fees etc. Consultant shall also submit the list of Railway/ NHAI/ State Road Crossing along with chainage of each crossing on map as per given format. 54. Prepare Quality Assurance Plan, Occupational Hazard and Safety Plan, and Environmental Management Plan along with manpower requirement for their implementation and cost. 55. Prepare O&M and Maintenance Management Plan and implementation plan, Non- Revenue Water Manual and assess the manpower requirements including costs and budget estimates. 56. Whenever power point presentation or otherwise are sought for, Consultant shall make themselves available to various committee, funding agencies, discussions for obtaining technical sanctions and other meetings to be held by the Client. Section 3. Terms of Reference 36
57. Following components as per JJM guidelines are also to be incorporated in DPR: a. Functional House Tap Connection (FHTC) for every household in each habitation of scheme area. b. Grey water management - Consultant shall propose a methodology to take care of grey water likely to be generated in the project area. Cost estimates related to Grey water management are not required. c. Emergency/ contingency plan for disaster / calamities / pandemic, etc. without cost estimate Reporting Requirements, Time and Payment Schedule for Deliverables a) Reporting Requirements: During the performance of the Services, the Consultant shall prepare required reports for submission to the Client in electronic form and/ or hard copies as per Client’s instructions and in English / Hindi language. The reporting formats shall be amended as required from time-to-time in consultation with the Client. As a minimum, the Consultant shall submit following reports at periods stated in table hereunder. Table 1: Deliverables
No. Deliverables Broad Outline Time Schedule Inception Submission of inception and feasibility report 15 days from and relating to the source of the scheme (to prove the 1 commencement Feasibility adequacy of source for design period including of services Report * Power Point Presentation Design concepts with various options, broad cost estimates, environmental impact assessment. Outcome of Field surveys / Investigations 60 days from conducted with inferences and zoning of Area along the date of with proposals for improvement including approval of 2 Draft DPR identifying the suitable sites for newly proposed Inception and Service Reservoirs, Sumps, etc., methodology for Feasibility full SCADA including all submissions as per Clause Report B - Scope of Services - Detailed Task and Expected Deliverables. Final DPR with all drawings, designs, Bill of 15 days from Quantities (BoQ) including separate estimates for receipt of 3 Final DPR “in-village components” for all the villages comments on including drawings, cost estimate along with Draft DPR. technical schedules required for tender / contract. *Inception report: Inception report shall have source analysis (to prove the adequacy of source for design period as per norms) and if adequacy of source is not proved, the contract will be closed at the inception report stage itself and total payments under the contract will be limited to 5% of the PAC. Note: The Consultant shall provide ground water availability report of different seasons and water table of each village at the time of submission of Inception and Feasibility Report. All the submissions will require a presentation to be made at the office of MPJN. Section 3. Terms of Reference 37
Consultant’s Payment Table 2: Payment Schedule No Milestone Payment Schedule (excluding GST) Submission of Inception 1. 5% of Probable Amount of Consultancy (PAC) and Feasibility Report 40% of the fee payable as derived from the offered rates 2. Clearance of Draft DPR based on cost of Draft DPR after adjusting previous payment of 5% of PAC for inception and feasibility report Submission of Final 40% of the fee payable as derived from the offered rates 3. DPR based on cost of Final DPR. Balance of the fee payable after withholding 10% of the fee 4. Approval of Final DPR payable as derived from the offered rates based on cost of Final DPR Completion of conceptual drawings and GAD for execution of the scheme i.e. till the finalization of main drawings of 5. Final Payment the scheme for execution or one year from the date of administrative approval, whichever is earlier Note: i. If adequacy of source is not proved, the Contract will be closed at the feasibility report stage itself and total payments under the Contract will be limited to 5% of PAC. ii. The items having lump sum provisions and contingencies, etc. considered in the DPR shall not be considered for calculation of fee payable to the Consultant. iii. MPJNM may at its discretion impose a suitable penalty on the Consultant up to 10% of the fee payable as derived from the offered rates based on cost of Final DPR in case any deficiency is found in the DPR. MPJNM may at its discretion also debar the Consultant from participation in future tenders of MPJNM for a period to be decided by MPJNM. This penalty / deduction will be for deficiency in services provided, whereas liquidated damages under Clause 36.4 of GCC are for delay in completing the work i.e. both are separate. iv. An amount equivalent to 10% of the fee payable as derived from the offered rates based on cost of Final DPR will be withheld till the completion of conceptual drawings and GAD for execution of the scheme i.e. till the finalization of main drawings of the scheme for execution or one year from the date of administrative approval, whichever is earlier. v. The Consultant may get the withheld amount released by submitting a Bank Guarantee of amount equivalent to the amount withheld by Client in the format to be provided by Client. Client will recover any penalty if applicable from the Bank Guarantee submitted by the Consultant. Section 3. Terms of Reference 38
The Consultant’s payment shall be based on the above payment schedule. The payment will be done only after approval of each report by the Client. a. Consultant shall submit periodical reports in detail to the Client and shall attend periodical reviews to be conducted by the Client with various departments of the government. Consultant shall make presentations to Client and to various departments as required during various stages of the assignment. b. The Consultant would be required to submit 10 (ten) copies of each of the reports (printed back to back) besides providing a soft copy of all reports and AutoCAD drawings. All design input and output data, drawings, BOQ / Estimates for all components should be submitted in hard copy as well as soft copy in the required formats as desired by MPJNM. The Consultant is required to submit the .kml file in WGS 1984 Geographic Coordinate system of all components. c. The Consultant is required to submit the details of the proposed infrastructure in the format provided in Annexure 2 in the Draft / Final DPR. The completely filled Annexure 2 is required to be provided in soft copy also. d. Package/ Area wise Reports have to be submitted for each of the outputs (if required). e. The Client will not reimburse any additional cost for increase in road length in surveys or increase in households. f. Termination at any stage for any area by the Client. The appropriate proportional payment for the area on sq. km. basis will be withheld. g. The length of roads, extent of each area is only indicative. The Consultant shall be responsible for its verification. h. The data, details, maps, records collected (both hard and soft copies) by the Consultant from various sources shall be handed over to Client at the end of the project.
Client’s Input and Counterpart Personnel Services, facilities and property to be made available to the Consultant by the Client: i. Data available with the Client such as reports, plans shall be shared with the Consultant. However, the correctness of data shall be confirmed by the Consultant. The primary survey and other data collection are the sole responsibility of the Consultant. ii. Professional and support counterpart personnel to be assigned by the Client to the Consultant’s team: The Client will appoint a nodal officer for coordination. The Client will also make sure that the senior officials will be available to discuss the project as and when required.
Section 3. Terms of Reference 39
Annexure 1
Salient Features of Scheme
No Parameter Details 1. Name of Scheme Barna Dam Based MVS 2. District Betul 3. Blocks Obedullaganj, Sanchi 4. Proposed Source Barna Dam 5. No. of Villages 406 6. Population (Census 2011) 3,13,710
Village List
S. No. Block Name Village Name Population 2011 1 Obedullaganj Aankhkhedi 205 2 Obedullaganj Agariya 1781 3 Obedullaganj Ahamadpur 396 4 Obedullaganj Ajwain 354 5 Obedullaganj Amarthon 773 6 Obedullaganj Ambai 867 7 Obedullaganj Amchha Kalan 431 8 Obedullaganj Amchha Khurd 76 9 Obedullaganj Amoda 2103 10 Obedullaganj Ashapuri 1778 11 Obedullaganj Badbai 1042 12 Obedullaganj Baijalpur 448 13 Obedullaganj Bamhori 370 14 Obedullaganj Bamnai 781 15 Obedullaganj Bamuliya Dakhali 27 16 Obedullaganj Bamuliya Pawar 382 17 Obedullaganj Bamuliyadangi 309 18 Obedullaganj Bandr Chuha 145 19 Obedullaganj Bansgahan 343 20 Obedullaganj Banskuwar 773 21 Obedullaganj Barbatpur 756 22 Obedullaganj Barha Kheda 480 23 Obedullaganj Barkheda 1821 24 Obedullaganj Barkheda Setu 1453 25 Obedullaganj Bawadiya Gondi 273 26 Obedullaganj Beejor 428 27 Obedullaganj Beel Khedi 656 28 Obedullaganj Beela Khedi 306 Section 3. Terms of Reference 40
S. No. Block Name Village Name Population 2011 29 Obedullaganj Begampura 879 30 Obedullaganj Bersiya 455 31 Obedullaganj Bhainsaya 124 32 Obedullaganj Bhaiyapur 376 33 Obedullaganj Bhamli 99 34 Obedullaganj Bhanpura 95 35 Obedullaganj Bhojpur 1158 36 Obedullaganj Bhoot Palasi 262 37 Obedullaganj Bhounrasa 106 38 Obedullaganj Bhuri Tekri 39 39 Obedullaganj Bineka 734 40 Obedullaganj Bineka 1222 41 Obedullaganj Borda 320 42 Obedullaganj Borkhadi 689 43 Obedullaganj Borpani 997 44 Obedullaganj Chainiya Khedi 149 45 Obedullaganj Chamariya Khamariya 608 46 Obedullaganj Champaner 1300 47 Obedullaganj Chandla Khedi 279 48 Obedullaganj Chapla Sir 601 49 Obedullaganj Chhatarpura 920 50 Obedullaganj Chiklod Kalan 3032 51 Obedullaganj Chiklod Khurd 1208 52 Obedullaganj Chiroliya 573 53 Obedullaganj Chormau 299 54 Obedullaganj Dadrod 548 55 Obedullaganj Dahod 3359 56 Obedullaganj Damdongri 420 57 Obedullaganj Dangarwara 742 58 Obedullaganj Dant Kho 104 59 Obedullaganj Dantkheda 536 60 Obedullaganj Daudpur 470 61 Obedullaganj Dehri Neemkheda 1477 62 Obedullaganj Dewalkhedi 17 63 Obedullaganj Dhabla 274 64 Obedullaganj Dhamdhusar 1040 65 Obedullaganj Dhandhar 595 66 Obedullaganj Dhankhedi 170 67 Obedullaganj Dhundhwani 210 68 Obedullaganj Diwatiya 3972 69 Obedullaganj Dob 1935 Section 3. Terms of Reference 41
S. No. Block Name Village Name Population 2011 70 Obedullaganj Dungariya 4163 71 Obedullaganj Gadha 345 72 Obedullaganj Gailpur 459 73 Obedullaganj Garru Khedi 118 74 Obedullaganj Genhu Kheda 410 75 Obedullaganj Ghana 302 76 Obedullaganj Ghat Khedi 223 77 Obedullaganj Goharganj 4659 78 Obedullaganj Gokla Kundi 237 79 Obedullaganj Goutampur 1302 80 Obedullaganj Gudawal 991 81 Obedullaganj Guradi 38 82 Obedullaganj Guradiya 663 83 Obedullaganj Hajli 568 84 Obedullaganj Hameedkhedi 70 85 Obedullaganj Hameeri 118 86 Obedullaganj Haripura 122 87 Obedullaganj Harrai 1369 88 Obedullaganj Hatiya Kheda 327 89 Obedullaganj Hinotiya 1441 90 Obedullaganj Ikalwada 300 91 Obedullaganj Imaliya Gondi 459 92 Obedullaganj Imaliya Singpur 637 93 Obedullaganj Intkhedi 388 94 Obedullaganj Itaya Kalan 758 95 Obedullaganj Itaya Khurd 354 96 Obedullaganj Jabra Malkhar 1812 97 Obedullaganj Jait 308 98 Obedullaganj Jaithar 308 99 Obedullaganj Jaitpur 595 100 Obedullaganj Jamuniya Bazyaft 6 101 Obedullaganj Jamuniya Viran 474 102 Obedullaganj Jatanpur 427 103 Obedullaganj Jhagar 304 104 Obedullaganj Jhalar Kalan 947 105 Obedullaganj Jhalar Khurd 21 106 Obedullaganj Jhiri Bheda 1272 107 Obedullaganj Kalakheda 73 108 Obedullaganj Kamton Kansiya 2503 109 Obedullaganj Kanora 465 110 Obedullaganj Karakwani 472 Section 3. Terms of Reference 42
S. No. Block Name Village Name Population 2011 111 Obedullaganj Karhoda 714 112 Obedullaganj Karitalai 294 113 Obedullaganj Karmoda 1388 114 Obedullaganj Kesalwada 306 115 Obedullaganj Khamkheda 379 116 Obedullaganj Khanpura 761 117 Obedullaganj Khasrod 383 118 Obedullaganj Khejdi 3 119 Obedullaganj Kheri Tappa Ankalpur 455 120 Obedullaganj Kheri Tappa Badwai 496 121 Obedullaganj Kherichouka 266 122 Obedullaganj Khodra 302 123 Obedullaganj Khoha 315 124 Obedullaganj Khukariya 486 125 Obedullaganj Kiratnagar 939 126 Obedullaganj Koka Khoh 10 127 Obedullaganj Kumadi 440 128 Obedullaganj Kumdi Bithori 1314 129 Obedullaganj Kumhariya 482 130 Obedullaganj Ladli 332 131 Obedullaganj Lulka 653 132 Obedullaganj Magarpunchh 567 133 Obedullaganj Makodiya 1037 134 Obedullaganj Malikhedi 7 135 Obedullaganj Mandkansiya 664 136 Obedullaganj Mendua 831 137 Obedullaganj Moijpura 84 138 Obedullaganj Muhasa 123 139 Obedullaganj Mundala Bazyaft 402 140 Obedullaganj Mundla 303 141 Obedullaganj Muneergarh 324 142 Obedullaganj Murhari 2244 143 Obedullaganj Nador 894 144 Obedullaganj Nagri 280 145 Obedullaganj Nanakhedi 726 146 Obedullaganj Nandora 424 147 Obedullaganj Nasipur 410 148 Obedullaganj Nayapura Mewati 1206 149 Obedullaganj Nayapura Sodarpur 1300 150 Obedullaganj Neelgarh 215 151 Obedullaganj Noorganj 2942 Section 3. Terms of Reference 43
S. No. Block Name Village Name Population 2011 152 Obedullaganj Padoniya 887 153 Obedullaganj Padrai 149 154 Obedullaganj Pahad Khedi 283 155 Obedullaganj Panjir 602 156 Obedullaganj Parkhedi 383 157 Obedullaganj Pathar Kansiya 349 158 Obedullaganj Pipaliya Dhakad 308 159 Obedullaganj Pipaliya Goli 492 160 Obedullaganj Pipaliya Korka 713 161 Obedullaganj Pipaliya Viran 122 162 Obedullaganj Piplani Khurd 471 163 Obedullaganj Pipliya Gajju 1799 164 Obedullaganj Polaha 1874 165 Obedullaganj Premtalab 923 166 Obedullaganj Rajmau 473 167 Obedullaganj Rajukhedi 7 168 Obedullaganj Ramkhedi 159 169 Obedullaganj Rasuliya 383 170 Obedullaganj Resalpur 401 171 Obedullaganj Rojda Bajyaft 361 172 Obedullaganj Rojda Chak 663 173 Obedullaganj Sajadi 1070 174 Obedullaganj Salkani 863 175 Obedullaganj Sarakiya 2191 176 Obedullaganj Sarra 378 177 Obedullaganj Semari Kalan 3471 178 Obedullaganj Semari Khurd 781 179 Obedullaganj Semra 120 180 Obedullaganj Shahbad Tilendi 903 181 Obedullaganj Shobhapur 43 182 Obedullaganj Simrai 1719 183 Obedullaganj Simroda 553 184 Obedullaganj Singaldeep 602 185 Obedullaganj Singpur 326 186 Obedullaganj Siyakundal 616 187 Obedullaganj Sontar 1005 188 Obedullaganj Tajpura 503 189 Obedullaganj Tamot 4135 190 Obedullaganj Tarawali 578 191 Obedullaganj Thana 1153 192 Obedullaganj Thikari 248 Section 3. Terms of Reference 44
S. No. Block Name Village Name Population 2011 193 Obedullaganj Tigariya 806 194 Obedullaganj Tilakhedi 319 195 Obedullaganj Tumda Kheda 937 196 Obedullaganj Udaipur 256 197 Obedullaganj Umraoganj 1286 198 Sanchi Agriya Choupda 336 199 Sanchi Agriya Nayapura 1117 200 Sanchi Airan 798 201 Sanchi Ajayabnagar(Sund) 562 202 Sanchi Alamkheda 491 203 Sanchi Alli 1362 204 Sanchi Amba 266 205 Sanchi Ambari 2336 206 Sanchi Amkheda 708 207 Sanchi Amoda 243 208 Sanchi Amrawad 953 209 Sanchi Amrawat Bajyaft 1016 210 Sanchi Anhori Berkhedi (Sookha) 465 211 Sanchi Arwariya 315 212 Sanchi Badoda 735 213 Sanchi Badoda 1727 214 Sanchi Bagod 929 215 Sanchi Bagroda 689 216 Sanchi Bahediya 219 217 Sanchi Bamhori 631 218 Sanchi Bamnod 173 219 Sanchi Banchhod 842 220 Sanchi Bangawan 2687 221 Sanchi Bankhedi 1116 222 Sanchi Bankheri 106 223 Sanchi Banskheda 2430 224 Sanchi Baraikhas 550 225 Sanchi Barjorpur 383 226 Sanchi Barla 1149 227 Sanchi Barnijagir 1387 228 Sanchi Barola 243 229 Sanchi Barrukhar 1377 230 Sanchi Bawaliya 679 231 Sanchi Beedpura 713 232 Sanchi Behediya 329 233 Sanchi Bejakheda 270 Section 3. Terms of Reference 45
S. No. Block Name Village Name Population 2011 234 Sanchi Berkhedi Ghat 56 235 Sanchi Berkhedi Tunda 487 236 Sanchi Bhadner 762 237 Sanchi Bhanwar Khedi 553 238 Sanchi Bharda Chandora 428 239 Sanchi Bhuara 769 240 Sanchi Bhusibenta 1313 241 Sanchi Biaora 1219 242 Sanchi Bilara 635 243 Sanchi Bilarkhoh 313 244 Sanchi Bilori 500 245 Sanchi Birholi 458 246 Sanchi Birpur 822 247 Sanchi Bishankhedi 669 248 Sanchi Chandna 648 249 Sanchi Chandpur 721 250 Sanchi Chhola 279 251 Sanchi Chilwaha Badkuai 2165 252 Sanchi Chirholi 344 253 Sanchi Chirholi 614 254 Sanchi Chopda 291 255 Sanchi Dabar 749 256 Sanchi Dabra Imaliya 717 257 Sanchi Dahida 515 258 Sanchi Dandera 801 259 Sanchi Dewalkheda 290 260 Sanchi Dhakna Chapna 1148 261 Sanchi Dhanasree 219 262 Sanchi Dhaniya Khedi 373 263 Sanchi Dhaniya Khedi 733 264 Sanchi Dhaniya Khedi Khurd 298 265 Sanchi Dhanora 377 266 Sanchi Dhoba Khedi 218 267 Sanchi Diwanganj 2035 268 Sanchi Dumawali 255 269 Sanchi Durgpura 520 270 Sanchi Fatehpur Marmata 585 271 Sanchi Firozpur 325 272 Sanchi Fulsari 32 273 Sanchi Gamiri 468 274 Sanchi Geedgarh 927 Section 3. Terms of Reference 46
S. No. Block Name Village Name Population 2011 275 Sanchi Ghatala 127 276 Sanchi Ghatpipaliya 361 277 Sanchi Girbar 529 278 Sanchi Gondra 585 279 Sanchi Gopisur Satkunda 1928 280 Sanchi Gudawal 749 281 Sanchi Gulgaon 1945 282 Sanchi Gyasabad 507 283 Sanchi Hakeemkhedi 1747 284 Sanchi Himmatgarh 195 285 Sanchi Jamuniya 1610 286 Sanchi Jhirniya 306 287 Sanchi Kachnariya 808 288 Sanchi Kadaiya 98 289 Sanchi Kadhaiya 351 290 Sanchi Kamapar 284 291 Sanchi Kanpohra 1508 292 Sanchi Kanth 1112 293 Sanchi Karhod 1173 294 Sanchi Karmodiya 616 295 Sanchi Karondiya 5 296 Sanchi Katariya 305 297 Sanchi Katsari 698 298 Sanchi Kayampur 1193 299 Sanchi Kemkhedi 436 300 Sanchi Kewati 131 301 Sanchi Khamkheda 590 302 Sanchi Khandera 947 303 Sanchi Khanpura 351 304 Sanchi Kharbai 1225 305 Sanchi Khargawali 892 306 Sanchi Khejda 111 307 Sanchi Khoha 1483 308 Sanchi Kotra 449 309 Sanchi Kulhariya 354 310 Sanchi Kurawad 355 311 Sanchi Lamakheda 145 312 Sanchi Madha 306 313 Sanchi Maharmanga 864 314 Sanchi Mahua Kheda 265 315 Sanchi Mahuakheda 418 Section 3. Terms of Reference 47
S. No. Block Name Village Name Population 2011 316 Sanchi Makhani 924 317 Sanchi Mana 372 318 Sanchi Mandwai 883 319 Sanchi Manpur 878 320 Sanchi Mardanpur 280 321 Sanchi Maser 343 322 Sanchi Mau Jagir 1046 323 Sanchi Mau Pathrai 931 324 Sanchi Mehgaon 2037 325 Sanchi Mendki 1689 326 Sanchi Mendori 305 327 Sanchi Mirzapur (Pali) 759 328 Sanchi Mohniya Khedi 196 329 Sanchi Mori Kodi 453 330 Sanchi Muchhail 659 331 Sanchi Mudiya Kheda 1088 332 Sanchi Muktapur 436 333 Sanchi Mungaliya 880 334 Sanchi Murel Kalan 979 335 Sanchi Murel Khurd 995 336 Sanchi Murli Khedi 720 337 Sanchi Mushkabad 995 338 Sanchi Naktara 1640 339 Sanchi Nand 528 340 Sanchi Narkhera 793 341 Sanchi Naroda 217 342 Sanchi Narwar 2446 343 Sanchi Nasiruddin Kheda 624 344 Sanchi Nayapura 1127 345 Sanchi Neemkheda 652 346 Sanchi Neenond 1453 347 Sanchi Newli 392 348 Sanchi Nihalpur 97 349 Sanchi Nonakhedi 203 350 Sanchi Padariya 437 351 Sanchi Pagneshwar 1332 352 Sanchi Parsora 665 353 Sanchi Parwariya 708 354 Sanchi Pathari 2409 355 Sanchi Pati 434 356 Sanchi Pemat 930 Section 3. Terms of Reference 48
S. No. Block Name Village Name Population 2011 357 Sanchi Pengawan 223 358 Sanchi Pipaliya Chandkhan 485 359 Sanchi Pipaliya Khurd 207 360 Sanchi Pipalkhedi 532 361 Sanchi Pipalkhiriya 1122 362 Sanchi Piplai Rajanwadi 1321 363 Sanchi Pura Mungaoli 473 364 Sanchi Raipur Ramasiya 800 365 Sanchi Rangpura (Imaliya) 291 366 Sanchi Rangpura Kesri 728 367 Sanchi Ratanpur 738 368 Sanchi Ratanpur Buddha 360 369 Sanchi Ratanpur Girdhari 835 370 Sanchi Ratatalai 2951 371 Sanchi Sadalatpur 965 372 Sanchi Sagoniya 471 373 Sanchi Salera 527 374 Sanchi Salera 1476 375 Sanchi Sanchet 2688 376 Sanchi Sangrampur 398 377 Sanchi Sangrampur 729 378 Sanchi Sankhedi 707 379 Sanchi Sarar 1158 380 Sanchi Sarchampa 722 381 Sanchi Sehadganj 1336 382 Sanchi Semra 2027 383 Sanchi Semra Baramad 456 384 Sanchi Semra Kadeem 97 385 Sanchi Sendora 864 386 Sanchi Sewasani 1569 387 Sanchi Shahpur 3863 388 Sanchi Sihora Imaliya 1336 389 Sanchi Silpuri 1175 390 Sanchi Silwaha 765 391 Sanchi Sirsoda 1744 392 Sanchi Sojna 24 393 Sanchi Sonkachh 284 394 Sanchi Suakhedi 150 395 Sanchi Sukasen 155 396 Sanchi Sunari (Salamatpur) 5017 397 Sanchi Surai 802 Section 3. Terms of Reference 49
S. No. Block Name Village Name Population 2011 398 Sanchi Tajpur Soor 157 399 Sanchi Tigra 631 400 Sanchi Tijalpur 1041 401 Sanchi Tikoda 889 402 Sanchi Ucher 1438 403 Sanchi Umariya 437 404 Sanchi Undol Bahed 1686 405 Sanchi Urden 311 406 Sanchi Yakubpur 466 TOTAL 3,13,710
Note: 1. The Consultant shall ensure that there should be no overlapping in Project Area of this DPR with the other completed / ongoing / under preparation or proposed MVS after discussion with General Manager, PIU. 2. The Consultant shall ensure that all villages, habitations, tola, mazra from the proposed Project Area are included in the DPR. 3. The Consultant shall ensure the population provided above is in conformity with Census 2011 population. Further, in case of any mismatch, Census 2011 population shall be taken into consideration for preparation of DPR.
Section 3. Terms of Reference 50
Annexure 2
Summary of Proposed Works
No. Component Details Required Details Source - Name of River / Dam Location of Intake well - Village name, Block name, Tehsil name and District name GPS Location-northing- easting Diameter of intake well in meters Depth of Intake well excluding pump house in 1 Intake Well meters Height of Pump House in meters Capacity of Intake well in million litres in 20 hours. Length of RCC approach bridge Width of RCC approach bridge Length in Meters Diameter in mm Raw water 2 pumping main Type of Pipe (MS/DI/HDPE, etc.) Thickness of pipes in case of MS pipes and Grade of pipes in case of DI/HDPE pipes Capacity of WTP in million litres in 20 hours. Water treatment 3 Location - Village name plant GPS Location-northing- easting Diameter wise length in meters Clear water Type of Pipe (MS/DI/HDPE, etc.) with class 4 pumping main Thickness of pipes in case of MS pipes and Grade of pipes in case of DI/HDPE pipes Diameter wise length in meters Clear water Type of Pipe (MS/DI/HDPE, etc.) with class 5 Feeder main Thickness of pipes in case of MS pipes and Grade of pipes in case of DI/HDPE pipes RCC Over Head Capacity & Location wise quantity 6 Reservoirs (Capacity in KL & Staging height in meters) RCC Ground Capacity & Location wise quantity 7 level Reservoirs (Capacity in KL) Section 3. Terms of Reference 51
No. Component Details Required Details
RCC Clear Capacity in KL Water Sump 8 cum pump houses Location - Village name Capacity in KL 9 RCC BPT Location - Village name Staging Height in Meters Capacity in LL 10 RCC MBR Location- Village name Staging Height in Meters Diameter wise length in meters Distribution Type of Pipe (MS/DI/HDPE, etc.) with class 11 network Thickness of pipes in case of MS pipes and Grade of pipes in case of DI/HDPE pipes Raw water Pump duties (Total discharge in LPM and total head in meters) Raw Water Pumping 12 Type of Pump equipment at Jack well No. of working Pumps
No. of Standby Pumps Clear water Pump duties (Total discharge in LPM and total head in meters)
Clear Water Type of Pump Pumping 13 equipment at No. of working Pumps WTP PS No. of Standby Pumps
Delivery points (MBR1, MBR2, IPS, etc.) Clear water Pump duties (Total discharge in LPM and total head in meters) Clear Water Pumping Type of Pump equipment at 14 Intermediate No. of working Pumps Pumping Station IPS if any. No. of Standby Pumps
Delivery points (MBR1, MBR2, IPS, etc.) Section 3. Terms of Reference 52
No. Component Details Required Details Total Length Dedicated 33KV/ 11 KV power supply line in Kilo Meters At Intake well - Transformer/ Substation Electric Power Capacity in KVA 15 Supply At WTP - Transformer/ Substation Capacity in KVA At IPS - Transformer/ Substation Capacity in KVA House Service Nos. Connection 16 expected up to end of O &M Period No. of Type F staff quarters No. of Type G staff quarters 17 Staff Quarter No. of Type H staff quarters No. of Type I staff quarters 18 Any Other Any other infrastructure proposed to be built
Section 4. Conditions of Contract and Contract Forms 53
Section 4. Conditions of Contract and Contract Forms
Contents
I. Form of Contract ...... 56 II. General Conditions of Contract ...... 58 A. GENERAL PROVISIONS ...... 58 1. Definitions...... 58 2. Relationship between the Parties ...... 59 3. Law Governing Contract ...... 59 4. Language ...... 59 5. Headings ...... 59 6. Communications ...... 59 7. Location ...... 59 8. Authority of Member in Charge ...... 59 9. Authorized Representatives ...... 60 10. Fraud and Corruption ...... 60 B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ...... 60 11. Effectiveness of Contract ...... 60 12. Termination of Contract for Failure to Become Effective ...... 60 13. Commencement of Services ...... 60 14. Entire Agreement ...... 60 15. Modifications or Variations ...... 60 16. Force Majeure ...... 60 17. Suspension ...... 62 18. Termination ...... 62 C. OBLIGATIONS OF THE CONSULTANT ...... 64 19. General ...... 64 20. Conflict of Interests...... 64 21. Confidentiality ...... 65 22. Liability of the Consultant ...... 65 23. Insurance to be taken out by the Consultant ...... 65 24. Accounting, Inspection and Auditing ...... 66 25. Reporting Obligations ...... 66 26. Proprietary Rights of the Client in Reports and Records ...... 66 27. Equipment, Vehicles and Materials ...... 66 D. OBLIGATIONS OF THE CLIENT ...... 67 28. Access to Project Site...... 67 29. Change in the Applicable Law Related to Taxes and Duties ...... 67 30. Services, Facilities and Property of the Client ...... 67 31. Counterpart Personnel ...... 67 32. Payment Obligation ...... 68 Section 4. Conditions of Contract and Contract Forms 54
E. PAYMENTS TO THE CONSULTANT ...... 68 33. Taxes and Duties ...... 68 34. Currency of Payment ...... 68 35. Mode of Billing and Payment ...... 68 36. Performance Security and Liquidated Damages ...... 69 F. FAIRNESS AND GOOD FAITH ...... 69 37. Good Faith ...... 69 G. SETTLEMENT OF DISPUTES ...... 69 38. Amicable Settlement ...... 69 39. Dispute Resolution ...... 70 III. Special Conditions of Contract ...... 71 IV. Appendices ...... 74 Appendix A – Terms of Reference ...... 75 Appendix B – Form of Performance Security ...... 76
Section 4. Conditions of Contract and Contract Forms 55
CONTRACT FOR CONSULTANT’S SERVICES
Project Name ______
Contract No. ______
Between
[Name of the Client]
and
[Name of the Consultant]
Dated:
Section 4. Conditions of Contract and Contract Forms 56
I. Form of Contract
(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of [month], [year], between, on the one hand, [name of Client] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).
[If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture (name of the JV) consisting of the following entities, each member of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of member] and [name of member] (hereinafter called the “Consultant”).]
WHEREAS
(a) the Client 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 Client that it has the required professional skills, expertise 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) Appendices: Appendix A: Terms of Reference
In the event of any inconsistency between the documents, the following order of precedence shall prevail: the Special Conditions of Contract; the General Conditions of Contract, including Attachment 1; Appendix A. Any reference to this Contract shall include, where the context permits, a reference to its Appendices.
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions of the Contract; and (b) the Client shall make payments to the Consultant 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. Section 4. Conditions of Contract and Contract Forms 57
For and on behalf of [Name of Client]
[Authorized Representative of the Client – name, title and signature]
For and on behalf of [Name of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant – name and signature]
[For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture]
[add signature blocks for each member if all are signing]
Section 4. Conditions of Contract and Contract Forms 58
II. General Conditions of Contract
A. GENERAL PROVISIONS
1. Definitions 1.1. 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) “Client” means Madhya Pradesh Jal Nigam. (c) “Consultant” means a legally established professional consulting firm or entity selected by the Client to provide the Services under the signed Contract. (d) “Contract” means the legally binding written agreement signed between the Client and the Consultant and which includes all the attached documents listed in its paragraph 1 of the Form of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices). (e) “Day” means a working day unless indicated otherwise. (f) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GCC 11. (g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant or JV member(s) assigned by the Consultant to perform the Services or any part thereof under the Contract. (h) “GCC” means these General Conditions of Contract. (i) “Government” means Government of India or Government of Madhya Pradesh, as the case may be. (j) “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Client for the performance of the Contract. (k) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract. (l) “Local Currency” means Indian National Rupees. Section 4. Conditions of Contract and Contract Forms 59
(m) “Non-Key Expert(s)” means an individual professional provided by the Consultant to perform the Services or any part thereof under the Contract. (n) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them. (o) “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented but not over-written. (p) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto. (q) “Third Party” means any person or entity other than the Government, the Client or the Consultant. 2. Relationship 2.1. Nothing contained herein shall be construed as establishing a between the relationship of master and servant or of principal and agent as Parties between the Client and the Consultant. The Consultant, subject to this Contract, has complete charge of the Experts performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 3. Law Governing 3.1. This Contract, its meaning and interpretation, and the relation Contract between the Parties shall be governed by the Applicable Law. 4. Language 4.1. This Contract has been executed in the language specified in the SCC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. 5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this Contract. 6. Communications 6.1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in Clause SCC. 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 SCC.
6.2. A Party may change its address for notice hereunder by giving the other Party any communication of such change to the address specified in the SCC. 7. Location 7.1. 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, as the Client may approve. 8. Authority of 8.1. In case the Consultant is a Joint Venture, the members hereby Member in authorize the member specified in the SCC to act on their behalf Charge in exercising all the Consultant’s rights and obligations towards Section 4. Conditions of Contract and Contract Forms 60
the Client under this Contract, including without limitation the receiving of instructions and payments from the Client. 9. Authorized 9.1. Any action required or permitted to be taken, and any document Representatives required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SCC. 10. Fraud and 10.1. The Client requires compliance with the Government’s anti- Corruption corruption guidelines and its prevailing sanctions policies and procedures.
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
11. Effectiveness of 11.1. This Contract shall come into force and effect on the date (the Contract “Effective Date”) of the Client’s notice to the Consultant instructing the Consultant to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SCC have been met. 12. Termination of 12.1. If this Contract has not become effective within such time period Contract for after the date of Contract signature as specified in the SCC, either Failure to Become Party may, by not less than twenty two (22) days written notice Effective to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. 13. Commencement 13.1. The Consultant shall begin carrying out the Services not later of Services than the number of days after the Effective Date specified in the SCC. 14. Entire Agreement 14.1. This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. 15. Modifications or 15.1. 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. 16. Force Majeure a. Definition 16.1. For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as Section 4. Conditions of Contract and Contract Forms 61
reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action confiscation or any other action by Government agencies. 16.2. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Experts or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. 16.3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. b. No Breach of 16.4. The failure of a Party to fulfil any of its obligations hereunder 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 that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. c. Measures to 16.5. A Party affected by an event of Force Majeure shall continue to be Taken perform its obligations under the Contract as far as is reasonably practical and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 16.6. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. 16.7. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. 16.8. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by the Client, shall either: (a) demobilize, in which case the Consultant shall be reimbursed for additional costs they reasonably and necessarily incurred, and, if required by the Client, in reactivating the Services; or Section 4. Conditions of Contract and Contract Forms 62
(b) continue with the Services to the extent reasonably possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred. 16.9. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clauses GCC 38 & 39. 17. Suspension 17.1. The Client may, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension. 18. Termination 18.1. This Contract may be terminated by either Party as per provisions set up below:
a. By the Client 18.1.1. The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Client shall give at least thirty (30) calendar days’ written notice of termination to the Consultant in case of the events referred to in (a) through (d); and at least sixty (60) calendar days’ written notice in case of the event referred to in (e): (a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GCC 17; (b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; (c) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GCC 32; (d) 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) calendar days; (e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. Section 4. Conditions of Contract and Contract Forms 63
18.1.2. Furthermore, if the Client determines that the Consultant has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, in competing for or in executing the Contract, then the Client may, after giving fourteen (14) calendar days written notice to the Consultant, terminate the Consultant's employment under the Contract. b. By the 18.1.3. The Consultant may terminate this Contract, by not less Consultant than thirty (30) calendar days’ written notice to the Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause. (a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clauses GCC 31.1 within forty-five (45) calendar days after receiving 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) calendar days. (c) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GCC 40.1. (d) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty- five (45) days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach. c. Cessation of 18.1.4. Upon termination of this Contract pursuant to Clauses Rights and GCC 12 or GCC 16 hereof, or upon expiration of this Obligations Contract pursuant to Clause GCC 14, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC 21, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GCC 24, and (iv) any right which a Party may have under the Applicable Law. d. Cessation of 18.1.5. Upon termination of this Contract by notice of either Party Services to the other pursuant to Clauses GCC 18a or GCC 18b, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials Section 4. Conditions of Contract and Contract Forms 64
furnished by the Client, the Consultant shall proceed as provided, respectively, by Clauses GCC 26 or GCC 27. e. Payment 18.1.6. Upon termination of this Contract, the Client shall make upon the payment for only the amount due to the Consultant in Termination respect of the services / deliverables the Consultant has completed
C. OBLIGATIONS OF THE CONSULTANT
19. General a. Standard of 19.1. The Consultant shall perform the Services and carry out the Performance Services 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 a faithful adviser to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any dealings with the third parties. 19.2. The Consultant shall employ and provide such qualified and experienced Experts as are required to carry out the Services. 19.3. The Consultant shall retain full responsibility for the Services. b. Law 19.4. The Consultant shall perform the Services in accordance with the Applicable to Contract and the Applicable Law and shall take all practicable Services steps to ensure that all of its Experts comply with the Applicable Law.
20. Conflict of 20.1. The Consultant shall hold the Client’s interest’s paramount, Interests without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests. a. Consultant 20.1.1. The payment of the Consultant pursuant to GCC E Not to Benefit (Clauses GCC 33 through 36) shall constitute the from Consultant’s only payment in connection with this Commissions, Contract and, subject to Clause GCC 20.1.3, the Discounts, etc. Consultant shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its best efforts to ensure that Experts and agents of either of them, similarly shall not receive any such additional payment. 20.1.2. Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the procurement of goods, works or services, the Section 4. Conditions of Contract and Contract Forms 65
Consultant shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Client. b. Consultant 20.1.3. The Consultant agrees that, during the term of this and Affiliates Contract and after its termination, the Consultant and Not to Engage any entity affiliated with the Consultant shall be in Certain disqualified from providing goods, works or non- Activities consulting services resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project. c. Prohibition of 20.1.4. The Consultant shall not engage and shall cause its Conflicting Experts not to engage, either directly or indirectly, in Activities any business or professional activities that would conflict with the activities assigned to them under this Contract. d. Strict Duty to 20.1.5. The Consultant has an obligation and shall ensure that Disclose its Experts shall have an obligation to disclose any Conflicting situation of actual or potential conflict that impacts Activities their capacity to serve the best interest of their Client, 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. 21. Confidentiality 21.1. Except with the prior written consent of the Client, the Consultant and the Experts 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 Experts make public the recommendations formulated in the course of, or as a result of, the Services. 22. Liability of the 22.1. Subject to additional provisions, if any, set forth in the SCC, the Consultant Consultant’s liability under this Contract shall be as determined under the Applicable Law. 23. Insurance to be 23.1. The Consultant (i) shall take out and maintain at its own cost but taken out by the on terms and conditions approved by the Client, insurance Consultant against the risks, and for the coverage specified in the SCC, and (ii) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. The Consultant shall ensure that such insurance is in place prior to commencing the Services as stated in Clause GCC 13. Section 4. Conditions of Contract and Contract Forms 66
24. Accounting, 24.1. The Consultant shall keep and shall make all reasonable efforts Inspection and to keep, accurate and systematic accounts and records in respect Auditing of the Services in such form and detail as will clearly identify relevant time changes and costs. 24.2. The Consultant shall permit, the Client and/ or persons appointed by the Client to inspect the Site and/or all accounts and records relating to the performance of the Contract and the submission of the Proposal to provide the Services, and to have such accounts and records audited by auditors appointed by the client if requested by the client. The Consultant’s attention is drawn to Clause GCC 10 which provides, inter alia, that acts intended to materially impede the exercise of the Client’s inspection and audit rights provided for under this Clause GCC 24.2 constitute a prohibited practice subject to contract termination 25. Reporting 25.1. The Consultant shall submit to the Client the reports and Obligations documents specified in Section 3, in the form, in the numbers and within the time periods set forth in the said Section 3. 25.2. The Consultant shall employ the Technical Staff as specified in SCC. Failure to deploy the Technical Staff as specified in SCC will lead to penalty of the Consultant as specified in SCC. 26. Proprietary Rights 26.1. All reports and relevant data and information such as maps, of the Client in diagrams, plans, databases, other documents and software, Reports and supporting records or material compiled or prepared by the Records Consultant for the Client in the course of the Services shall be confidential and become and remain the absolute property of the Client. The Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultant may retain a copy of such documents, data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Client. 26.2. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of the plans, drawings, specifications, designs, databases, other documents and software, the Consultant shall obtain the Client’s prior written approval to such agreements, and the Client shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned. Other restrictions about the future use of these documents and software, if any, shall be specified in the SCC. 27. Equipment, 27.1. Equipment, vehicles and materials made available to the Vehicles and Consultant by the Client or purchased by the Consultant wholly Materials or partly with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultant shall make available to the Client an inventory of such equipment, vehicles and Section 4. Conditions of Contract and Contract Forms 67
materials and shall dispose of such equipment, vehicles and materials in accordance with the Client’s instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value. 27.2. Any equipment or materials brought by the Consultant or its Experts into the Client’s country for the use either for the project or personal use shall remain the property of the Consultant or the Experts concerned, as applicable.
D. OBLIGATIONS OF THE CLIENT
28. Access to Project 28.1. The Client warrants that the Consultant shall have, free of Site charge, unimpeded access to the project site in respect of which access is required for the performance of the Services. The Client will be responsible for any damage to the project site or any property thereon resulting from such access and will indemnify the Consultant and each of the experts in respect of liability for any such damage, unless such damage is caused by the wilful default or negligence of the Consultant or the Experts. 29. Change in the 29.1. If, after the date of this Contract, there is any change in the Applicable Law applicable law with respect to taxes and duties which increases Related to Taxes or decreases the cost incurred by the Consultant in performing and Duties the Services, then the payments to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto. 30. Services, Facilities 30.1. The Client shall make available to the Consultant and the and Property of the Experts, for the purposes of the Services and free of any charge, Client the services, facilities and property described in the Terms of Reference (Appendix A) at the times and in the manner specified in said Appendix A. 30.2. In case that such services, facilities and property shall not be made available to the Consultant as and when specified in Appendix A, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultant for the performance of the Services, (ii) the manner in which the Consultant shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultant as a result thereof. 31. Counterpart 31.1. The Client shall make available to the Consultant free of charge Personnel such professional and support counterpart personnel, to be nominated by the Client with the Consultant’s advice, if specified in Appendix A. Section 4. Conditions of Contract and Contract Forms 68
31.2. If counterpart personnel are not provided by the Client to the Consultant as and when specified in Appendix A, the Client and the Consultant shall agree on (i) how the affected part of the Services shall be carried out. 32. Payment 32.1. In consideration of the Services performed by the Consultant Obligation under this Contract, the Client shall make such payments to the Consultant and in such manner as is provided by GCC E below.
E. PAYMENTS TO THE CONSULTANT
33. Taxes and Duties 33.1. The Consultant and Experts are responsible for meeting any and all tax liabilities arising out of the Contract unless it is stated otherwise in the SCC. 33.2. As an exception to the above and as stated in the SCC, all local identifiable indirect taxes are reimbursed to the Consultant or are paid by the Client on behalf of the Consultant. 34. Currency of 34.1. Any payment under this Contract shall be made in Indian Payment National Rupees. 35. Mode of Billing and 35.1. Billings and payments in respect of the Services shall be made Payment as follows: (a) The Itemized Invoices. As soon as practicable and not later than fifteen (15) days as per payment schedule mentioned in Section 3, the Consultant shall submit to the Client, in duplicate, itemized invoices. (b) The Client shall pay the Consultant’s invoices within sixty (60) days after the receipt by the Client of such itemized invoices with supporting documents. Only such portion of an invoice that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultant, the Client may add or subtract the difference from any subsequent payments. (c) The Final Payment. The final payment under this Clause shall be made only after the final report and a final invoice, identified as such, shall have been submitted by the Consultant and approved as satisfactory by the Client. Any amount that the Client has paid or has caused to be paid in accordance with this Clause in excess of the amounts payable in accordance with the provisions of this Contract shall be reimbursed by the Consultant to the Client within thirty (30) days after receipt by the Consultant of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final invoice approved by the Client in accordance with the above. Section 4. Conditions of Contract and Contract Forms 69
(d) All payments under this Contract shall be made to the accounts of the Consultant specified in the SCC. (e) With the exception of the final payment under (c) above, payments do not constitute acceptance of the Services nor relieve the Consultant of any obligations hereunder. 36. Performance 36.1. For the purposes of this Contract, performance security shall be Security and an amount equal to 5% (five percent) of the Contract Value (the Liquidated “Performance Security”) calculated based on Consultant’s quote Damages and estimated project cost. The Consultant shall furnish the Bank Guarantee substantially in the form specified at Appendix B of this Agreement. 36.2. The Client shall recover the liquidated damages as specified in Clause 36.4. The balance remaining out of the Performance Security shall be returned to the Consultant at the end of 3 (three) month after the payment for Milestone iv. i.e. Approval of Final DPR. 36.3. The Client 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 the Clause 36.4. 36.4. The Consultant shall perform the Services in accordance with the timelines specified in the Section 3 – Terms of Reference. In case of any delay in Services, liquidated damages as specified in SCC will be applicable. 36.5. In the case of significant deficiencies in Services causing adverse effect on the project or on the reputation of the Client, other penal action including debarring for a specified period may also be initiated as per policy of the Client.
F. FAIRNESS AND GOOD FAITH
37. Good Faith 37.1. 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.
G. SETTLEMENT OF DISPUTES
38. Amicable 38.1. The Parties shall seek to resolve any dispute amicably by mutual Settlement consultation. 38.2. If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in Section 4. Conditions of Contract and Contract Forms 70
writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be amicably settled within fourteen (14) days following the response of that Party, Clause GCC 31.1 shall apply. 39. Dispute Resolution 39.1. Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration in accordance with the provisions specified in the SCC.
Section 4. Conditions of Contract and Contract Forms 71
III. Special Conditions of Contract
Number of GCC Amendments of, and Supplements to, Clauses in the General Clause Conditions of Contract
4.1 The language is: English
6.1 and 6.2 The language is: English / Hindi
The addresses are:
Client: Attention: Manging Director Mailing Address: Madhya Pradesh Jal Nigam (A Govt. of Madhya Pradesh Undertaking) D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Email: [email protected]
Consultant:
Attention: E-mail:
8.1 [Note: If the Consultant consists only of one entity, state “N/A”; OR If the Consultant is a Joint Venture consisting of more than one entity, the name of the JV member whose address is specified in Clause SCC 6.1 should be inserted here.] The Lead Member on behalf of the JV is ______[insert name of the member]
9.1 The Authorized Representatives are:
For the Client: Manging Director
For the Consultant: [name, title]
11.1 The effectiveness conditions are the following: NIL
12.1 Termination of Contract for Failure to Become Effective: The time period shall be 45 Days
13.1 Commencement of Services: The number of days shall be 45 Days
20 b. The Client reserves the right to determine on a case-by-case basis whether the Consultant should be disqualified from providing goods, works or non-consulting services due to a conflict of a nature described in Clause GCC 20.1.3. Section 4. Conditions of Contract and Contract Forms 72
22.1 Limitation of the Consultant’s Liability towards the Client: (a) Except in the case of gross negligence or wilful misconduct on the part of the Consultant or on the part of any person or a firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused by the Consultant to the Client’s property, shall not be liable to the Client for any indirect or consequential loss or damage.
23.1 The insurance coverage against the risks shall be as follows:
(a) Professional liability insurance, with a minimum coverage equal to contract value. (b) Third Party liability insurance, with a minimum coverage of Ten Lakhs. (c) 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.
25.2 a) The Consultant shall employ at least the following Technical Staff during the preparation of DPR: i. One Graduate Engineer when the scope of work involves up to 299 villages ii. Two Graduate Engineers when the scope of work involves 300 to 699 villages iii. Three Graduate Engineers when the scope of work involves 700 to 999 villages iv. Four Graduate Engineers when the scope of work involves 1000 or more villages b) The Technical Staff should be available at site whenever required by the Client to take instructions. c) In case the Consultant fails to employ the Technical Staff as aforesaid the Client shall have the right to take suitable remedial measures. d) The Consultant should give the names, contact details and other detail of the Technical Staff whom it intends to employ or who is under employment on the work at the time it commences the work. e) The Consultant should give certificate to the effect that the Technical Staff is exclusively in its employment. f) Diploma in Civil Engineering with 12 years’ experience will be considered equivalent to BE (Civil) for the purpose of this clause. g) In case the Consultant fails to employ the Technical Staff as aforesaid, it shall be liable to pay MPJNM sum of Rs. 30,000/- (Thirty Thousand only) for each month of default. Section 4. Conditions of Contract and Contract Forms 73
26.2 The Consultant shall not retain / use any of the documents prepared during the Consultancy services for purposes unrelated to this Contract.
33.2 All taxes, levies, duties including GST are to be paid by the Consultant. All applicable deductions e.g. Income Tax, Security Deposit, etc. as per rules and terms of RFP shall be deducted from the running bills of the Consultant. However, GST if applicable shall be payable extra as per applicable rules of Govt. of India. Taxes and duties paid by the consultant for this work, for which consultant was not responsible on the day of submission of his financial bid, will be reimbursed on production of proof of deposit of such claim.
35.1(d) The accounts are: [insert account].
36.4 The time allowed for the carrying out the work as specified in the NIT, shall be strictly observed by the Consultant and shall be reckoned from the 10th day from the date on which the Letter of Acceptance is issued to the Consultant. The work shall, throughout the stipulated period of the contract be proceeded with all due diligence (time being deemed to be of the essence of the contract on the part of Consultant) and the Client shall deduct / Consultant shall pay as liquidated damages an amount equal to 1% of the consultancy fee for every day of delay. Provided always that the entire amount of liquidated damages to be paid under the provisions of this Clause shall not exceed 8% (eight percent) of the fee payable as derived from the offered rates based on cost of Final DPR.
39. Disputes shall be settled by arbitration in accordance with the following provisions: Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 Section 4. Conditions of Contract and Contract Forms 74
IV. Appendices Section 4. Conditions of Contract and Contract Forms 75
APPENDIX A – TERMS OF REFERENCE
[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the Consultant during the negotiations; dates for completion of various tasks; location of performance for different tasks; detailed reporting requirements; Client’s input, including counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks that require prior approval by the Client.
Insert the text based on the Section 3 (Terms of Reference) of the ITC in the RFP.]
Section 4. Conditions of Contract and Contract Forms 76
APPENDIX B – FORM OF PERFORMANCE SECURITY
Bank Guarantee for Performance Security
______[bank’s name and address of issuing branch or office]
Beneficiary: ______[Name and Address of Client]
Date: ______
BANK GUARANTEE No.: ______
We have been informed that [name of Consulting Firm, same as appears in the signed Contract] (hereinafter called “the Consultants”) has entered into Contract No. [reference number of the contract] dated [date] with you, for the provision of [brief description of Services] (hereinafter called “the Contract”).
Furthermore, it has been stipulated by you in the said Contract that the Consultants shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Consultants up to a total of [amount of Guarantee] [amount of Guarantee in words], and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [amount of Guarantee] [amount of Guarantee in words] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Consultants before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the services to be performed there under or of any of the Contract documents which may be made between you and the Consultants shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition or modification. The liability of the Bank under this Guarantee shall not be affected by any change in the constitution of the consultants or of the Bank. Notwithstanding anything contained herein before, our liability under this Guarantee is restricted to [amount of Guarantee] [amount of Guarantee in words] and the Guarantee shall remain valid till [date of expiry of Guarantee]. Unless a claim or a demand in writing is made upon us on or before [date Section 4. Conditions of Contract and Contract Forms 77 of expiry of Guarantee], all our liability under this Guarantee shall cease. This guarantee shall be valid until 3 months from the date of completion of time period as per agreement.
Signature and Seal of the Guarantor
Name and Designation Name and Designation
Name, address and seal of the Bank
Phone & Fax No.
Date
In presence of
1. Signature
2. Signature
Note: All italicized text is to assist in preparing this form and shall be deleted from the completed form submitted to the Client.