REQUEST FOR PROPOSAL
Selection
of
Supervision and Quality Control
Consultant (SQC) for
Madikheda Multi Village Scheme (MVS)
in
Madhya Pradesh
NIT No. 02/Proc./MPJN/2021-22 Bhopal, Date: 27.04.2021
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 - U41000MP2012SGC028798 Table of Contents
Short Notice ...... 3
PART 1 – SELECTION PROCEDURES...... 5
Section I: Instruction to Consultants ...... 7 Section II: Data Sheet ...... 20 Section III: Technical Proposal Evaluation Methodology ...... 22 Section IV: Technical Proposal Forms ...... 27
PART 2- TERMS OF REFERENCE ...... 42
Section V: Terms of Reference ...... 43
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS ...... 70
Section VI: Form of Contract ...... 71 Section VII: General Conditions of Contract (GCC) ...... 73 Section VIII. Special Conditions of Contract (SCC) ...... 91 Section IX: Appendices ...... 94
Short Notice MADHYA PRADESH JAL NIGAM (A Government of Madhya Pradesh Undertaking) D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 www.mpjalnigam.mp.gov.in, E-mail: [email protected] Ph: 0755-2579874-2579034-35-36 Fax: 0755-2579873 CIN - U41000MP2012SGC028798
NIT No. 02-08/Proc./MPJN/2021-22 Bhopal, Dated 27/04/2021
Notice Inviting Online Request for Proposal (RFP) for Selection of Consultants for Multi Village Schemes (MVSs) under Jal Jeevan Mission (JJM) in Madhya Pradesh
Madhya Pradesh Jal Nigam (MPJN) intends to engage following consultants for Multi Village Schemes (MVS) under Jal Jeevan Mission (JJM) in Madhya Pradesh on man-month basis: 1. Supervision & Quality Control Consultant (SQC) 2. Third-Party Inspection Agency (TPIA) Bids are invited online through Madhya Pradesh Government E-Procurement Portal.
NIT District / No. of PAC Duration EMD Document Name of MVS No. PIU Name Villages (Rs. Cr.) (months) (Rs. Lakh) Fee (Rs.) A. Supervision & Quality Control Consultant (SQC) 02 Shivpuri Madikheda 842 12.43 39 10.00 30,000 03 Singrauli Vaidan 2 184 5.26 33 5.26 20,000 B. Third-Party Inspection Agency (TPIA) Rajghat Dam 1,573 39 04 Guna 8.58 8.58 20,000 Gopikrishnan 354 33 Vaidan 1 283 39 05 Singrauli Vaidan 2 184 6.35 33 6.35 20,000 Gond Deosar 206 33 06 Gwalior Madikheda 842 5.20 39 5.20 20,000 Nemawar 115 33 07 Indore 2.96 2.96 15,000 Rajond 74 27 08 Agar Malwa Agar Malwa 480 2.73 33 2.73 15,000 Terms: 1. Detailed NIT can be seen and downloaded from the Madhya Pradesh Government E- Procurement Portal (https://mptenders.gov.in). 2. Cost of Tender Document and EMD of required amount is to be submitted online on Madhya Pradesh Government E-Procurement Portal.
3. The schedule for bidding process is specified as critical dates on the Madhya Pradesh Government E-Procurement Portal. 4. 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. 5. MPJN will not be responsible for any delay in submission of Bid due to any reason. 6. The financial bids shall be opened in the order specified in the table above. 7. The financial bids of the firms that have been cumulatively awarded (whether alone or in joint venture, with same or different firms) across NIT 22-37, Date 04.12.2020 or adjudged as the lowest bidder across NIT 02-08 [Supervision and Quality Control Consultant (SQC) & Third-Party Inspection Agency (TPIA)] for three packages will not be opened for subsequent packages (whether alone or in joint venture, with same or different firms). Further, firms that have been awarded three packages (whether alone or in joint venture, with same or different firms) across NIT 22-37, Date 04.12.2020 are not eligible to participate in NIT 02-08. 8. The financial bids of the firm that is adjudged as the lowest bidder for a package for Supervision and Quality Control Consultant (SQC) will not be opened for Third-Party Inspection Agency (TPIA) package containing the same scheme to avoid conflict of interest. 9. In case a firm is adjudged to be lowest in more than one package with the same proposed key experts across Supervision and Quality Control Consultant (SQC) & Third-Party Inspection Agency (TPIA) (NIT No. 02-08), it will be allowed to use the proposed key experts which had already qualified for other packages within NIT No. 02-08 in which it is not adjudged the lowest bidder without any penalty for alteration of manpower as specified in the NIT. 10. 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. 11. For any queries related to bid document, please call Madhya Pradesh Jal Nigam Phone No. - 0755-2579874, 0755-2579034/35/36. 12. For any queries related to bid submission, please call Madhya Pradesh Government E- Procurement Cell Help Desk Number 0120-4001002/5, 0120-4200 462, 0120-6277 787.
Managing Director Madhya Pradesh Jal Nigam PART 1 – SELECTION PROCEDURES
RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
Contents
Section I: Instruction to Consultants ...... 7 1. Definitions ...... 7 2. Introduction ...... 8 3. Conflict of Interest ...... 8 4. Corrupt and Fraudulent Practices ...... 9 5. Eligibility ...... 10 6. Preparation of Proposals ...... 11 7. Proposal Validity Period ...... 11 8. Clarification and Amendments of RFP ...... 12 9. Proposal Format, Submission and Content...... 13 10. Technical Proposal Format and Content ...... 13 11. Financial Proposal Format and Content ...... 15 12. Submission of Proposals ...... 16 13. Opening of Proposals...... 17 14. Proposal Evaluation ...... 17 15. Availability of Key Experts ...... 18 16. Signing of Contract ...... 19 17. Confidentiality ...... 19 Section II: Data Sheet ...... 20 Section III: Technical Proposal Evaluation Methodology ...... 22 Section IV: Technical Proposal Forms ...... 27 Form TECH-1: Technical Proposal Submission Form ...... 28 Form TECH-2: Consultant’s Organization and Experience ...... 30 Form TECH-3: Consultant’s Turnover ...... 34 Form TECH-4: Description of Approach, Methodology and Work Plan for Performing the Assignment...... 35 Form TECH-5: Summary of Team Composition – Key Experts ...... 36 Form TECH-6: Curriculum Vitae (CV) for Proposed Key Experts ...... 37 Form TECH-7 (Form ACK): Acknowledgement of Compliance ...... 40
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Section I: Instruction to Consultants
A. General Provisions
1. Definitions 1.1. The following words and expressions shall have the meanings hereby assigned to them. a) “Affiliate(s)” means an individual or a firm that directly or indirectly controls, is controlled by, or is under common control with the Consultant. b) “Client” means Madhya Pradesh Jal Nigam. c) “Consultant” means any firm or a JV that may provide or provides the Services to the Client under the Contract. d) “Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in paragraph 1 of the Form of Contract. e) “Data Sheet” or “DS” (Section II of the RFP) means an integral part of the RFP that is used to reflect specific country and assignment conditions to supplement or amend the provisions of the ITC. f) “day” means calendar day. g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other professional personnel of the Consultant or JV member(s). h) “firm” means a private entity, a state-owned enterprise or institution. i) “Government” means the Government of India or Government of Madhya Pradesh as the case may be. j) “Instructions to Consultants” or “ITC” (this Section I of the RFP) means an integral part of the RFP that provides the Consultants with all information needed to prepare and submit their Proposals. k) “Joint Venture” or “JV” means a combination of two firms in the form of a joint venture, consortium, association or other unincorporated grouping under an existing agreement or with the intention to enter into such an agreement supported by a formal letter of intent. l) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) is taken into account in the technical evaluation of the Consultant’s Proposal. m) “LCBS” means Least Cost Based Selection. n) “Non-Key Expert(s)” means an individual professional provided by the Consultant and who is assigned to perform the Services or any part thereof under the Contract and whose CVs are not evaluated individually. o) “Portal” means Madhya Pradesh Government E-Procurement Portal (mptenders.gov.in). p) “Proposal” means the Technical Proposal or the Financial Proposal of the Consultant, or both, as appropriate.
Madhya Pradesh Jal Nigam Page | 7 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS q) “RFP” means this Request for Proposals to be prepared by the Client for the selection of Consultants, based on the SRFP. r) “Services” means the work to be performed by the Consultant pursuant to the Contract. s) “Terms of Reference” or “TOR” (Section V of the RFP) means an integral part of the RFP that describes the objectives, scope of services, activities and tasks to be performed and their timing, the relevant background information, respective responsibilities of the Client and the Consultant, the required experience and qualifications of the Key Experts, the expected results and deliverables of the assignment including any reporting and submission requirements.
2. Introduction a. Scope of Proposal 2.1. In connection with the NIT specified in the DS, the Client issues this RFP for the services as specified in Section V, Terms of Reference. The name of the assignment is specified in the DS. b. Interpretation 2.2. Throughout this RFP: a) the term “in writing” means communicated in written form and delivered against receipt; and b) except where the context requires otherwise, words indicating the singular also include the plural and words indicating the plural also include the singular. c. Method of Selection 2.3. The Consultants are invited to submit a Technical Proposal and a Financial Proposal, for consulting services required for the assignment named in DS. The Proposal will be the basis for a signed Contract with the selected Consultant. 2.4. The Client will select the Consultant in accordance with the Least Cost Based Selection (LCBS) method of selection. d. Local Conditions 2.5. The Consultant shall familiarize themselves with the local conditions relevant to the Services and take them into account in preparing their Proposal, including attending a pre-bid meeting conference if one is arranged under ITC 8.2.
3. Conflict of Interest a. Impartiality 3.1. The Consultant is required to provide professional, objective, and impartial advice, at all times holding the Client’s interest paramount, strictly avoiding conflicts with other assignments or its own corporate interests and acting without any consideration for future work.
Madhya Pradesh Jal Nigam Page | 8 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS b. Conflict of Interest 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. Without limitation on the generality of the foregoing the Consultant shall not be hired under the circumstances set forth below: a) Conflict between consulting activities and procurement of goods or non-consulting services: A Consultant that has been engaged to provide goods 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 or non-consulting services. Conversely, a Consultant 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 non-consulting services resulting from or directly related to the consulting services for such preparation or implementation. b) Conflict among consulting assignments: Neither a Consultant nor any of its Affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant. c) Relationship with Client’s staff: A Consultant that has a close business relationship with professional personnel of the Client who are directly or indirectly involved in any part of: (i) preparation of the TOR for the assignment; (ii) selection process for the assignment; or (iii)supervision of the Contract resulting from the selection process; shall be disqualified. d) One Bid per Bidder: Based on the “One Bid per Bidder” principle, which is to ensure fair competition, a firm, and any Affiliates shall not be allowed to submit more than one Proposal either individually as a single firm or as a member of a JV e) Any other form of conflict of interest other than (a) through (d) of this ITC 3.2.
4. Corrupt and Fraudulent Practices 4.1. It is Client’s policy to require that the Consultants observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, Client: a) will reject the result of evaluation of Proposals if it determines that the Consultant evaluated as the highest- ranked has engaged in any corrupt or fraudulent practice in competing for the contract in question. b) will recognize a Consultant as ineligible, for a period determined by Client, to be awarded a contract if it at any time determines that the Consultant has engaged in any corrupt or fraudulent practice in competing for, or in executing, another contract. c) will recognize a Consultant as ineligible to be awarded a contract if the Consultant is debarred by any Government.
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Client will recognize a Consultant as ineligible to be awarded a contract if the Consultant is debarred for the period starting from the date of issuance of this Request for Proposals up to the signing of the contract, unless (i) such debarment period does not exceed one year, or (ii) three (3) years have passed since such debarment decision. If it is revealed that the Consultant was ineligible to be awarded a contract according to above, Client will, in principle, impose sanctions against the Consultant.
4.2. If the Client determines, based on reasonable evidence, that the Consultant has engaged in any corrupt and fraudulent practice, the Client may disqualify such Consultant after notifying the grounds of such disqualification. 4.3. Furthermore, the Consultant shall be aware of the provision stated in Clause 1.10 of the General Conditions of Contract.
5. Eligibility 5.1. The Consultant may be a single firm or a JV of two firms incorporated in India. The Consultant / all members of Joint Venture shall submit documentary proof of registration in India. In the case of a JV: a) all members shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms, b) The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the selection process and, in the event the JV is awarded the Contract, during contract execution; and c) Proposal submitted by a JV shall include a copy of the JV Agreement entered into by all members. Alternatively, a formal letter of intent to enter into a JV in the event of a successful Proposal shall be signed by all members and submitted with the Proposal. The JV Agreement or a formal letter of intent, as the case may be, shall indicate at least the portion of the assignment to be executed by each member.
5.2. The Consultant shall meet the minimum eligibility requirements as specified in Section III, Technical Proposal Evaluation Methodology. 5.3. The Consultant that has been determined to be ineligible by Client in accordance with ITC 4.1 above, shall not be eligible to be awarded a contract. 5.4. The Consultant shall provide such evidence of its eligibility satisfactory to the Client at any time, as the Client shall reasonably request. 5.5. If proceedings for suspension or cancellation of registration or for blacklisting or for termination of contract due to poor performance by the Consultant / any member of Joint Venture has been started by any Department / Undertaking of Government of Madhya Pradesh / Government of India before the issue date of this RFP and the same is subsisting on the last date of submission of bid, the bidder cannot participate in bidding process. 5.6. Client may disqualify or terminate the Contract at any stage if the Consultant has made untrue and false representation in the forms, statements and attachments submitted in the
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proof of the qualification requirement and/or have a record of poor performance such as abandoning the works, not properly completing the contract, inordinate delay in completion or financial failure, litigation history, etc.
B. Preparation of Proposals
6. Preparation of Proposals a. Completeness of RFP 6.1. Unless obtained in the manner specified in the RFP, the Client is not responsible for the completeness of the RFP, responses to requests for clarification, the minutes of the pre- bid meeting (if any), or addenda to the RFP in accordance with ITC 8.3. In case of any contradiction, documents obtained directly from the Portal shall prevail. b. Information to be furnished 6.2. The Consultant is expected to examine all instructions, forms, and terms in the RFP in detail and to furnish with its Proposal all information and documentation as is required by the RFP. The information or documentation shall be complete, accurate, current, and verifiable. c. Cost of Proposals 6.3. The Consultant shall bear all costs associated with the preparation and submission of its Proposal and contract signing. 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. d. Language of Proposals 6.4. The Proposal, as well as all related correspondence exchanged by the Consultant and the Client, shall be written in English language. 6.5. Supporting documents and printed literature that are part of the Proposal may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language of Proposal, in which case, for purposes of interpretation of the Proposal, such translation shall govern.
7. Proposal Validity Period a. Validity Period 7.1. The Consultant’s Proposal must remain valid for a period specified in the DS after the Proposal submission deadline. 7.2. During this period, the Consultant shall maintain its original Proposal without any change including the availability of the Key Experts if required, proposed rates and total price. 7.3. If it is established that any Key Expert nominated in the Consultant's Proposal was not scheduled at the time of Proposal submission to be available or was named in the
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Proposal without confirmation of his/her availability, such Proposal shall be disqualified and rejected from further evaluation. b. Extension of Validity Period 7.4. The Client will make its best effort to complete discussions / contract signing within this period. However, should the need arise, the Client may request, in writing, all Consultants to extend the validity period of their Proposals. Consultants who agree to such extension shall confirm that they maintain the availability of the Key Experts named in the Proposal subject to the provisions under ITC 7.6. 7.5. The Consultants who do not agree have the right to refuse to extend the validity of their proposals in which case their Proposals will not be further evaluated. c. Substitution of Key Experts at Validity Extension 7.6. If any of the Key Experts becomes unavailable for the extended validity period, the Consultant shall provide a written adequate justification and evidence satisfactory to the Client together with the substitution request. In such case, a replacement Key Expert shall have equal or better qualifications and experience than those of the originally proposed Key Expert. 7.7. If the Consultant fails to provide a replacement Key Expert with equal or better qualifications, such Proposal will be rejected.
8. Clarification and Amendments of RFP a. Clarification of RFP 8.1. The Consultant requiring any clarification of the RFP shall contact the Client in writing at the Client’s address specified in the DS or raise its enquiries during the pre-bid meeting if provided for in accordance with ITC 8.2. The Client shall upload its response on the Portal, including a description of the inquiry but without identifying its source. Should the clarification result in changes to the essential elements of the RFP, the Client shall amend the RFP following the procedure under ITC 8.3. b. Pre-bid Meeting 8.2. If specified in the DS, the Consultant’s designated representative is invited to attend a pre-bid meeting. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. Attending the pre-bid meeting is at the Consultants’ expense. Any modification to the RFP that may become necessary as a result of the pre-bid meeting shall be made by the Client exclusively through the issue of an addendum pursuant to ITC 8.3. Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Consultant. c. Amendment of RFP 8.3. At any time prior to the Proposal submission deadline, the Client may amend the RFP by issuing an addendum in writing in sufficient time before the submission of Proposals.
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The addendum shall be uploaded on the Portal and will be binding on all the Consultants. To give the Consultants reasonable time in which to take an amendment into account in their Proposals the Client may, if the amendment is substantial, extend the Proposal submission deadline. 8.4. The Consultant may submit a modified Proposal substituting the already submitted Proposal in accordance with ITC 12.4 at any time prior to the Proposal submission deadline. No modifications to the Technical or Financial Proposal shall be accepted after the Proposal submission deadline except as permitted under ITC 7.6.
9. Proposal Format, Submission and Content 9.1. Preparation of Proposal 9.1.1. Bidder should login on the Portal and prepare the bid after following the complete procedure of Portal. 9.1.2. Bidder should consider any corrigendum / addendum published on the Portal before submitting their bids. 9.1.3. Bidder should login on the Portal well in advance for bid submission so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to any issues. 9.2. Preparation of covers: single stage three cover system 9.2.1. In the Cover 1 of online submission, Consultants are required to submit the detail of tender document fee and EMD. 9.2.2. In the Cover 2 – Technical Proposal of online submission, Consultants are required to submit the Technical Proposal as specified in ITC 10. a) In the Cover 3 – Financial Proposal of online submission, Consultants are required to submit Financial Proposal in Portal as specified in ITC 11.
10. Technical Proposal Format and Content 10.1. The Cover 2 - Technical Proposal shall comprise the following: a) completed Technical Proposal Forms, in accordance with ITC 10.2; b) Power of Attorney, authorizing the signatory of the Proposal to commit the Consultant, in accordance with ITC 12.2; and c) copy of the JV Agreement, or a formal letter of intent to enter into a JV in the case of a Proposal submitted by a JV in accordance with ITC 5.1. a. Contents 10.2. The Technical Proposal shall provide the information requested in subparagraphs (a) through (i) below, using the forms provided in Section IV, Technical Proposal Forms. The forms shall be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.
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a) Form TECH-1: This form entitled “Technical Proposal Submission Form”, once completed, shall be the Technical Proposal Submission Letter. b) Form TECH-2: A brief description of the Consultant’s organization and an outline of recent experience i.e. eligible assignments of the Consultant and, in the case of a JV, for each member are required in Form TECH-2. For each assignment, the outline shall indicate the names of all JV members (in the case of a JV), duration of the assignment, contract amount, and the Consultant’s involvement. Information shall be provided only for those assignments for which the Consultant was legally contracted individually as a single firm or, as a lead firm or one of the members of a JV. Assignments completed by individual Experts working privately or through other consulting firms cannot be claimed as the experience of the Consultant or that of JV members but can be claimed by the Experts themselves in their CVs. The experience of affiliated entities (such as the parent company(ies), group company(ies), subsidiary(ies) or other affiliate(s)) shall not be included. The Consultant shall also submit documentary proof for the experience claimed. c) Form TECH-3: Consultant’s turnover certified by Statutory Auditor / Chartered Accountant in the format provided. d) Form TECH-4: A description of the approach, methodology and work plan for performing the assignment. Guidance on the content of this section of the Technical Proposals is provided in Form TECH-4. The work plan shall be consistent with the Terms of Reference. e) Form TECH-5: The list of the Key Experts and a summary of essential CV information in Form TECH-5, duly completed considering the following: (i) The Consultants shall not propose alternative Key Experts. Only one CV shall be submitted for each Key Expert position. Failure to comply with this requirement will make the Proposal non-responsive. f) Form TECH-6: CVs of the Key Experts signed by the Key Experts themselves or by the authorized representative. In case of CVs signed by the authorized representative, should the firm be ranked first, copies of the same CVs signed by the Key Experts must be submitted to the Client prior to contract signing. g) Form TECH-7: The Acknowledgement of Compliance as Form TECH-7. The Consultant’s authorized representative shall sign and date this Form on behalf of the Consultant.
10.3. The Technical Proposal shall not include any financial information. A Technical Proposal containing material financial information shall be declared non-responsive. b. Volume 10.4. The contents of the Technical Proposal and the recommended number of pages are indicated in the table below. A page is considered to be one printed side of A4 (210mm × 297mm). If other sizes of paper are used, the number of pages is determined on a pro- rata basis (e.g.: one (1) A3 page is equivalent to two (2) A4 pages.). Excessively
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voluminous Technical Proposals at the discretion of the Client may not be evaluated.
Technical Proposal Form No. of Pages Consultant’s Organization and Experience a) Form TECH-2A Consultant’s Organization Two (2) pages. 1. As required for b) Form TECH-2B Consultant’s Experience information requested Form TECH-3 As required for 2. Consultant’s Turnover information requested Form TECH-4 Twenty-Five (25) pages 3. Description of Approach, Methodology and Work inclusive of charts and Plan for Performing the Assignment diagrams. Form TECH-5 As required for 4. Summary of Team Composition information requested Form TECH-6 Five (5) pages for each 5. Curriculum Vitae (CV) for Proposed Key Experts Key Expert’s CV. Form TECH-7 As required for 6. Acknowledgement of Compliance information requested.
11. Financial Proposal Format and Content 11.1. The Financial Proposal shall be submitted using the Forms provided in Cover 3 - BOQ to be completed as described therein. The forms shall be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested. a) All activities or items described in the Terms of Reference / Technical Proposal are deemed to be included in the prices provided for in the Financial Proposal. b) The Consultant shall quote the prices for the contract period for carrying out the entire work as specified in Terms of Reference. c) The price shall be inclusive of all taxes except GST (if applicable) which will be paid separately on prevailing rates. a. Duties, Taxes and Levies 11.2. All duties, Taxes and levies arising out of the Contract except GST (if applicable) shall be considered and included in the Financial Proposal: a) the Consultant (including all members of JV) and all Experts shall be responsible for meeting all liabilities in respect of duties, taxes and levies arising out of the Contract except as specified in the RFP.
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b) Taxes and duties paid by the Consultant for this work, for which Consultant was not responsible on the day of submission of financial bid will be reimbursed on production of proof of deposit of such claim. b. Currency of Proposal and Payment 11.3. The currency of the Financial Proposal shall be Indian National Rupee. 11.4. Payments under the Contract shall be made in Indian National Rupee. c. Minimum Remuneration 11.5. The remuneration of all the personnel should not be quoted below the minimum remuneration specified in Special Conditions of Contract (SCC).
C. Submission, Opening and Evaluation of Proposals
12. Submission of Proposals 12.1. The Consultant shall submit a signed and complete Proposal online on the Portal in accordance with the process specified in ITC 9 and comprising the documents in accordance with ITC 9, ITC 10 and ITC 11. a. Format and Signing of Proposals 12.2. The Proposal shall be signed by a person duly authorized to sign on behalf of the Consultant. The authorization shall be in the form of a Power of Attorney included in the Technical Proposal. All pages of the Proposal where entries or amendments have been made shall be signed or initialled by the person signing the Proposal. Any interlineation, erasures, or overwriting shall be valid only if they are signed or initialled by the person signing the Proposal. A Proposal submitted by a JV shall be signed by an authorized representative of the JV accompanied by a Power of Attorney from each member of the JV giving that authorized representative the power to sign on their behalf and legally bind them all. Such power shall also be given by a person duly authorized to do so on behalf of each member evidenced by a Power of Attorney. b. Proposal Submission Deadline and Late Proposals 12.3. The Proposals must be submitted online as indicated in the DS no later than the date and the time specified in the DS, or any extension to this date in accordance with ITC 8.3. The Portal would not allow any late submission of bids after due date and time as per server time. c. Substitutions and Modifications 12.4. The Consultants may substitute their Proposal on the Portal up to due date and time of submission of Proposals. The Portal would not allow any substitution or modification of bids after due date and time as per server time.
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13. Opening of Proposals 13.1. The Client shall open and read out in public, in accordance with ITC 13.2, all Technical Proposals received by the deadline, at the date, time and place specified in the DS, in the presence of designated representatives of the Consultants who choose to attend. 13.2. Next, all other envelopes containing the Technical Proposals shall be opened one at a time, reading out and recording: (a) the name of the Consultant; or in case of a JV, the name of the JV, the name of each member of the JV, starting from the lead member; and (b) any other details as the Client may consider appropriate.
13.3. At the end of the Technical Evaluation, the Client shall notify in writing the Consultants whose Technical Proposal were determined to be responsive to the key aspects of the RFP, indicating the date, time and place of public opening of the Financial Proposals. The opening date shall allow Consultants sufficient time to make arrangements for attending the opening. 13.4. The Client shall simultaneously notify those Consultants whose Technical Proposals were determined to be non- responsive to the key aspects of the RFP. 13.5. The Client shall conduct the opening of the Financial Proposals in the presence of the Consultants’ representatives who choose to attend at the place, date and time specified by the Client. The expected date for the public opening of the Financial Proposal is indicated in the DS. 13.6. At the opening of the Financial Proposal, first, the name of the Consultants shall be read out. Next, all envelopes containing Financial Proposals shall be opened one at a time, reading out and recording: a) the name of the Consultant; b) the Price of the Financial Proposal; and c) any other details as the Client may consider appropriate.
14. Proposal Evaluation 14.1. The Consultant is not permitted to alter or modify its Proposal in any way after the Proposal submission deadline except as permitted under ITC 7.6. 14.2. For the purpose of evaluation of the Proposal, the Client has appointed an evaluation committee comprising of the persons competent for such purpose as its members. The members of such evaluation committee shall conduct the evaluation solely on the basis of the submitted Technical and Financial Proposals. They shall have no access to the Financial Proposals until the technical evaluation is concluded. During evaluation, the Client may seek clarification on the Proposal if required. a. Technical Proposals 14.3. During the evaluation of the Technical Proposals, the evaluation committee shall determine if the Technical Proposals are responsive to the key aspects of the RFP and
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achieve the minimum Technical Score specified in the DS, applying the evaluation criteria, sub-criteria, and point system specified in the Section III. 14.4. A Proposal shall be rejected at this stage if it is determined to be non-responsive to the key aspects of the RFP, particularly the TOR or if or if it fails to achieve the minimum Technical Score in the DS. b. Financial Proposals 14.5. The evaluation committee will review the detailed content of each Financial Proposal and the compatibility of the Technical and Financial Proposal. Financial Proposals will be reviewed to ensure that they are complete and in compliance with the requirements set forth in the RFP. 14.5.1. Financial Proposals wherein remuneration quoted for any of the personnel is lower than the minimum remuneration specified in Special Conditions of Contract (SCC) will be treated as non-responsive and will not be considered for further evaluation and EMD of all such bidders shall be forfeited. 14.6. The lowest Financial Proposal will receive the first rank, and the subsequent lowest Financial Proposal the second rank and so on. 14.7. The first-ranked Consultant shall be the selected Consultant. 14.7.1. In the event that two or more Consultants quote the same amount in Financial Proposal (the “Tie Bidders”), the Consultant with the higher score in Technical Proposal evaluation shall be the selected Consultant. 14.7.2. In the event that the score received by the Tie Bidders in Technical Proposal evaluation are the same, Client shall identify the selected Consultant by draw of lots, which shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to attend.
D. Award and Contract Signing
15. Availability of Key Experts 15.1. The selected Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the signing of the Contract, or, if applicable, a replacement in accordance with ITC 7.6.
15.2. Notwithstanding the above, the substitution of Key Experts before signing of the Contract may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall offer a substitute Key Expert prior to signing of the Contract, who shall have equivalent or better qualifications and experience than the original candidate.
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16. Signing of Contract 16.1. Upon confirmation of the availability of Key Experts, the Client shall invite the selected Consultant for signing of the Contract. 16.2. The Consultant is expected to commence the Services on the date and at the place specified in the DS. 16.3. The Consultant will be required to submit Performance Security as specified in Part III – Conditions of Contract and Contract Forms prior to signing of the Contract.
17. Confidentiality 17.1. Information relating to evaluation of Proposals shall not be disclosed to the Consultants who submitted the Proposals or to other persons not officially concerned with the selection process. The use by any Consultant of confidential information related to this selection process may result in the rejection of its Proposal. 17.2. Any attempt by a Consultant to influence the Client in the examination, evaluation, ranking of Proposals, and recommendation for contract signing may result in the rejection of its Proposal. 17.3. Notwithstanding ITC 17.2, from the time of Proposal opening to the time of Contract signing, if any Consultant wishes to contact the Client on any matter related to the selection process, it shall do so in writing.
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Section II: Data Sheet
Clause Description Reference NIT No. 02/Proc./MPJN/2021-22 Bhopal, Date: 27.04.2021 Selection of Supervision and Quality Control (SQC) Consultant for Madikheda ITC 2.3 Multi-Village Scheme (MVS) in Madhya Pradesh. The details of scheme(s) are provided in the Section V – Terms of Reference - Annexure 1. The validity of proposal should be: 180 days from the last date of submission of ITC 7.1 bids. Last Date for Queries: Prior to pre-bid meeting or in pre-bid meeting.
Address for Queries Project Director MADHYA PRADESH JAL NIGAM ITC 8.1 (A Government of Madhya Pradesh Undertaking)
D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal – 462004; Phone No. 0755-2579034-36 Website -www.mpjalnigam.mp.gov.in
Contact Person: General Manager (Procurement)/General Manager, PIU ITC 8.2 A pre-bid meeting will take place at the date and time specified on the Portal at the Client’s address specified in DS 8.1. The Client’s representative in charge of pre-bid meeting: Name : Sri P K Raghuwanshi, General Manager - Procurement Telephone : 0755 - 4222915 E-mail : [email protected]
The Key Experts whose CV will be evaluated are: 1. Team Leader 2. Deputy Team Leader cum Construction Manager ITC 10.2 3. Water Supply Expert f) 4. Resident Engineer 5. Manager – Community Mobilization Minimum required qualification and experience of Key Experts is provided at Section III: Technical Proposal Evaluation Methodology. ITC 12.3 The Portal address for Proposal submission is: https://mptenders.gov.in/ The Proposal submission deadline is specified as Critical Dates on the Portal. ITC 13.1 The opening of the Technical Proposals shall take place at Client’s address specified in DS 8.1 as per the schedule specified as Critical Dates on the Portal. ITC 13.5 The opening of the Financial Proposals is expected to take place at Client’s address specified in DS 8.1 as per the schedule specified as Critical Dates on the Portal.
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Clause Description Reference The minimum Technical Score required to be achieved: 700 Points. ITC 14.3 Criteria, sub-criteria, and point system for the evaluation are as specified in & 14.4 Section III: Technical Proposal Evaluation Methodology. The assignment is expected to commence immediately after the award of contract ITC 16.2 or as directed by the client at the project sites located in the state of Madhya Pradesh. ITC 16.2 The expected date and location for commencement of services: Date: As instructed by Client Address: As instructed by Client
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Section III: Technical Proposal Evaluation Methodology
A. Minimum Eligibility Requirements 1. The average annual turnover of single firm / Joint Venture shall be at least Rs. 5 crores from consulting services in the last 3 financial years preceding the bid due date (2017-18, 2018-19 & 2019-20). In case of Joint Venture, the lead member should fulfil at least 51% of the eligibility requirement as above while the other member should fulfil at least 26% of the eligibility requirement as above. 2. The single firm / Joint Venture should have experience of the following as Supervision & Quality Control Consultant / Project Management Consultant / Design and Supervision Consultant / equivalent works with similar nature scope of works on full-time man-month basis during the last seven years preceding the last date of bid submission. • At least one drinking water supply project costing more than Rs. 200 Crore or • At least two drinking water supply project costing more than Rs. 150 Crore or • At least three drinking water supply project costing more than Rs. 100 Crore Note: Ongoing projects meeting other requirements, which have completed at least one year of consultancy (from the date of agreement) shall be considered as eligible project for evaluation. The firm should submit certificate from the employer of the aforesaid projects. 3. The selected Consultant shall not be eligible for Third Party Inspection Agency (TPIA) of the scheme covered under this assignment. 4. The single firm / any member of Joint Venture should not be working as Project Management Consultant (PMC) / Third Party Inspection Agency (TPIA) for the scheme covered under this assignment. Technical Proposals of only the Consultants / Joint Venture meeting the above minimum eligibility criteria will be evaluated further.
B. Criteria, sub-criteria, and point system for the evaluation are as follows:
Criteria / Sub Criteria Points (a) Experience of the Consultants relevant to the assignment: Experience as Supervision & Quality Control Consultant (SQC) / Project Management Consultant (PMC) / Design and Supervision Consultant (DSC) / (i) equivalent works with similar nature scope of works on full-time man-month basis of projects in the drinking water supply sector during the seven years 200 preceding the last date of bid submission {1 project costing more than Rs. 200 Crore / 2 projects costing more than Rs. 150 Crore / 3 projects costing more than Rs. 100 Crore} – 140
Each additional project costing more than Rs. 100 Crore - 30 (up to maximum 2 additional projects)
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Criteria / Sub Criteria Points Note: 1. In case of JV, the consortium members may meet the above requirement jointly. 2. Multiple projects covered under single Supervision & Quality Control Consultant (SQC) / Project Management Consultant (PMC) / Design and Supervision Consultant (DSC) agreement will be considered as separate projects if separate work orders have been issued for the construction of the projects. E.g. If Project A & Project B are being covered under a single PMC scope but their work orders have been awarded to contractors separately (even if same contractor), they will be considered 2 projects for evaluation if they meet the other criteria specified above. 3. Ongoing projects meeting other requirements, which have completed at least one year of consultancy (from the date of agreement) shall be considered as eligible project for evaluation. 4. In case the work done by bidder involves works other than water supply, then the cost of water supply components should be mentioned clearly. Total points for criterion (a): 200
Adequacy of the proposed methodology and work plan in responding to (b) the Terms of Reference: Understanding of Objectives (i) Criteria: General understanding of the project requirements; coverage of 10 principal components as requested in TOR; and site visit assessment. Quality of Methodology (ii) Criteria: The degree to which the consultant presented written 35 methodology/ approach addresses the requirements of the TOR. Innovativeness / Comments on Terms of Reference Criteria: Suggestions, which could improve the quality of the project. (iii) 10 Factors to consider: Points will be given for workable suggestions proposed. No innovativeness will be given zero points. Work Program Criteria: A work program showing graphical presentation of activities (bar (iv) 20 chart); an organization chart showing the relationship of the MPJN, the Consultant and the civil works contractor. Personnel Schedule (v) Criteria: Relationship between required person-months and proposed 15 work program. Counterpart Personnel and Facilities (vi) Criteria: Requirement for counterpart personnel, office space, 5 transportation, equipment and services. Proposal Presentation (vii) Criteria: Clarity and ease of assessment of the entire proposal (including 5 material presentation). Total points for criterion (b): 100
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Criteria / Sub Criteria Points
(c) Experience of the proposed Key Experts: Team Leader: Educational Qualification – 40 marks Experience Requirement – 40 marks (i) 200 Minimum Number of required relevant Project – 60 marks 15 marks for each additional project up to a maximum of 4 additional projects DTL cum Construction Manager: Educational Qualification – 30 marks Experience Requirement – 30 marks (ii) 120 Minimum Number of required relevant Project – 24 marks 12 marks for each additional project up to a maximum of 3 additional projects Water Supply Expert: Educational Qualification – 20 marks (iii) Experience Requirement – 20 marks 80 Minimum Number of required relevant Project – 16 marks 12 marks for each additional project up to a maximum of 2 additional projects Resident Engineer: Educational Qualification – 40 marks Experience Requirement – 40 marks (iv) 200 Minimum Number of required relevant Project – 60 marks 20 marks for each additional project up to a maximum of 3 additional projects Manager (Community Mobilization): Educational Qualification – 20 marks Experience Requirement – 20 marks (v) 100 Minimum Number of required relevant Project – 30 marks 15 marks for each additional project up to a maximum of 2 additional projects Total points for criterion (c): 700
Total points [(a) + (b) + (c)]: 1000
Note: In case the package has more than one Resident Engineers, the marks will be equally divided for each of the Resident Engineer.
C. Qualification and Experience Requirement for Team
Broad qualification and experience of the key personnel and other staff given below are from clients’ perception in respect of the specific requirement of the project. Bidders are advised to propose personnel specifically highlighting the qualification and experience in the related area of expertise as per requirements. The CVs should also highlight higher education, training and
Madhya Pradesh Jal Nigam Page | 24 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS publication of technical papers, etc. by the key personnel in the related field as well as their experience in providing training in the related fields. The CVs of the proposed personnel should reflect size of the project handled in terms of costs, duration for which services were provided, type of contract document used, etc. Broadly speaking, qualification and experience higher than the minimum requirement will be given higher weightage. Similarly, the personnel’s experience in services related to construction supervision will be given more weightage.
Minimum No. Particulars Minimum Experience Qualification • 10 years’ experience in engineering works Bachelor’s Degree • 7 years’ experience in water supply project 1. Team Leader in civil engineering • Should have experience of at least 5 water supply projects Deputy Team • 8 years’ experience in engineering works Leader cum Bachelor’s Degree • 6 years’ experience in water supply project 2. Construction in civil engineering • Should have experience of at least 2 water Manager supply projects • 7 years’ experience in engineering works Water Supply Bachelor’s Degree • 5 years’ experience in water supply project 3. Expert in civil engineering • Should have experience of at least 2 water supply projects • Prime Minister Rural Development Fellowship (PMRDF) with at least 1 years’ experience Manager – Master’s degree in 4. Community social work or or Mobilization related field • 7 years total experience • Should have experience of at least 2 water supply / total sanitation project • 7 years’ experience in engineering works Resident Bachelor’s Degree • 5 years’ experience in water supply project 5. Engineer in civil engineering • Should have experience of at least 2 water supply project. • Degree holders - 5 years’ experience in Assistant Bachelor’s Degree 6. engineering works of which 3 years’ in water Engineer (Civil) in civil engineering supply project Bachelor’s degree • Degree holders - 5 years’ experience in Assistant in 7. engineering works of which 3 years’ in E&M Engineer (E&M) Electric/Mechanical Project Engineering
Assistant • Prime Minister Rural Development Master’s degree in Manager – Fellowship (PMRDF) with at least 6 months’ 8. social work or Community experience related field Mobilization or
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Minimum No. Particulars Minimum Experience Qualification • 5 years total experience • Should have experience of at least 1 water supply project. • Degree holders - 3 years’ experience in engineering works of which at least 2 years’ Bachelor’s degree / in water supply project Field Engineer 9. Diploma in Civil or (Civil) Engineering • Diploma holders - 5 years’ experience in engineering works of which at least 3 years’ in water supply project • Degree holders - 3 years’ experience in engineering works of which at least 2 years’ Bachelor’s degree / in E&M project Field Engineer Diploma in 10. or (E&M) Electric/Mechanical • Diploma holders - 5 years’ experience in Engineering engineering works of which at least 3 years’ in E&M project • Degree holders - 3 years’ experience in engineering works of which at least 2 years’ Bachelor’s degree / in water supply project Quality Control 11. Diploma in Civil or Engineer Engineering • Diploma holders - 5 years’ experience in engineering works of which at least 3 years’ in water supply project • 02 years’ experience in similar work. Billing / Finance 12. B. Com Graduate • Should have proficiency in accounting Assistant software like Tally or similar Computer 13. DCA/PGDCA • 02 years’ experience Operator 14. Office Manager Graduate • 02 years’ experience 15. Office boy Higher secondary -
Note: Bidders need to submit the CVs of Key Experts i.e. Team Leader, Deputy Team Leader cum Construction Manager, Water Supply Expert, Resident Engineer & Manager – Community Mobilization along with the Technical Proposal. CVs or remaining personnel shall be approved prior to deployment by the General Manager (GM) of the respective Project Implementation Unit (PIU).
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Section IV: Technical Proposal Forms
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Form TECH-1: Technical Proposal Submission Form
Date: [insert date of Proposal submission]
To, Managing Director Madhya Pradesh Jal Nigam D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
Sub.: Selection of Supervision and Quality Control Consultant (SQC) for Madikheda Multi Village Schemes (MVS) in Madhya Pradesh Ref.: NIT No. 02/Proc./MPJN/2021-22 Bhopal, Date: 27.04.2021
Dear Sir/ Madam:
We, the undersigned, offer to provide the consulting services for [Insert name of assignment] in accordance with your Request for Proposals dated [Insert Date of NIT] and our Proposal.
We are hereby submitting our Proposal which includes this Technical Proposal, and a Financial Proposal.
[Insert the following in case of a JV] We are submitting our Proposal as a Joint Venture comprising of: [Insert a list with the full name and the legal address of both members, starting from the lead member]. We have attached a copy [insert: “of our letter of intent to form a Joint Venture” or, “of the JV Agreement” as appropriate] signed by each member, which details the likely legal structure of and the confirmation of joint and severable liability of each member of the said Joint Venture.
We hereby declare that:
(a) All the information provided, and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by the Client.
(b) Our Proposal shall be valid and remain binding upon us for the period of time specified in Section II, Data Sheet (DS) 7.1.
(c) We have no conflict of interest in accordance with Section I. Instructions to Consultant (ITC) 3.
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(d) We meet the eligibility requirements as stated in ITC 5.
(e) We undertake to sign a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated in ITC 7.6 and ITC 15.2 may lead to the termination of Contract.
(f) Our Proposal shall be binding upon us up to expiration of the validity period of the Proposal, i.e. before the date indicated in DS 7.1.
(g) We understand that the Client is not bound to accept any Proposal that the Client receives.
(h) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any type of fraud and corruption.
We remain,
Yours sincerely,
Authorized Signature : [Insert signature of the person duly authorised to sign the Proposal, in full and initials] Name and Title of Signatory : [Insert full name and title of the person above] Name of Consultant : [Insert name of firm or JV, as appropriate] In the capacity of : [Insert position of the person signing above]
Contact information : [Insert mailing address] [Insert tel. no. with country and city codes] [Insert fax no. with country and city codes] [Insert email address]
[Person signing the Proposal shall have the Power of Attorney given by the Consultant to be included in the Technical Proposal.]
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Form TECH-2: Consultant’s Organization and Experience
A - Consultant’s Organization
1 Details of Consultant (a) Name of the Consultant (b) Address Date of incorporation and / or (c) commencement of business (d) PAN (e) GSTIN
2 Details of Authorised Signatory (a) Name (b) Designation (c) Mobile Number (d) E-Mail Address
[Please include supporting documents including registration & GST documents of the Consultant and, if applicable, each JV member for this assignment.]
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[Provide here a brief (two page) description of the organization and general experience of the Consultant and, if applicable, each JV member relevant to this assignment.]
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B - Consultant’s Experience
Abstract of Eligible Assignments
Capital Cost Duration of the Project No Name of Project Name of Client of the Project (Start Date (Rs. crore) – End Date) (1) (2) (3) (4) (5) 1 2 3 4 5
Note: The details on the above projects should be provided in the format below along with supporting document.
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[Using the format below, provide information on each assignment for which your firm and each JV member for this assignment, was legally contracted either individually as a single firm or as a lead firm or one of the member of a JV, for carrying out services similar to the ones requested under this assignment. The experience of affiliated entities (such as the parent company(ies), group company(ies), subsidiary(ies) or other affiliate(s)) shall not be included.]
Assignment name: Approx. value of the contract (in Rs. Lakh):
Country: Duration of assignment (months):
Location within country:
Name of Client: Total No. of man-months of the assignment:
Address:
Start date (month/year): Completion date (month/year):
Narrative description of Project:
Description of actual services provided by the firm in the assignment:
Note: Certificate from Principal Employer (Executive Engineer or above) regarding experience should be furnished.
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Form TECH-3: Consultant’s Turnover
Format for Certificate for Annual Turnover (To be submitted on the letterhead of Statutory Auditor / Chartered Accountant)
We have verified the relevant statutory and other records of ______[Name of the Applicant], and certify that the annual turnover from consultancy services for the last three completed financial years is as follows: (in Rs Crore) Annual Turnover from Consultancy Services Bidder Name 2019-20 2018-19 2017-18 Average
This certificate is being issued to be produced before Managing Director, Madhya Pradesh Jal Nigam, Bhopal. Date & Signature and Seal of the Statutory Auditor / Chartered Accountant (clearly indicating membership number) Date: ______Place: ______
Note:
1. Along with the above format and information, the Bidders for demonstrating the Financial Capacity shall attach copies of the audited annual reports for 3 (three) years preceding the Proposal Due Date. The financial statements shall: a. reflect the financial situation of the Bidder; b. be complete, including all notes to the financial statements; and c. correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted).
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Form TECH-4: Description of Approach, Methodology and Work Plan for Performing the Assignment
[Technical approach, methodology and work plan are key components of the Technical Proposal. It is suggested that the Consultant presents its Technical Proposal (about 25 pages, inclusive of charts and diagrams) divided into the following three chapters: (a) Technical Approach and Methodology: The Consultant shall explain its understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. The Consultant shall highlight the problems being addressed and their importance and explain the technical approach it would adopt to address them. The Consultant shall also explain the methodologies it proposes to adopt and highlight the compatibility of those methodologies with the proposed approach. A simple repeat/copy of the TOR will not be appropriate.
(b) Work Plan: The Consultant shall propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and delivery dates of the reports. The proposed work plan shall be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan.
A list of the final documents, including reports, drawings, and tables to be delivered as final output, shall be included here.
(c) Organization and Staffing: The Consultant shall propose the structure and composition of its team for this assignment. The Consultant shall list the main disciplines of the assignment, the Key Experts and Non- Key Experts, and proposed technical and administrative support staff.] The Consultant shall also specify if it will be the lead firm in a JV. In the case of a JV, a copy of the JV Agreement or a formal letter of intent to form a JV must be included in the Technical Proposal, as specified in Form TECH-1.]
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Form TECH-5: Summary of Team Composition – Key Experts
Position Education / Degree No. of years No Name of Person Assigned (Year / Institution) of relevant experience 1. 2. 3. 4. 5. 6. 7. 8. 9.
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Form TECH-6: Curriculum Vitae (CV) for Proposed Key Experts
[ The Consultant shall prepare the CV of each Key Expert it proposes, using the format below (about 5 pages for each Key Expert).]
1. General
Position Title and No. [e.g., K-1, TEAM LEADER] [Note: only one candidate shall be nominated to each position.] Name of Key Expert [Insert full name] Name of the Firm proposing the Key Expert Date of Birth [day/month/year] Nationality Country of Citizenship/Residence
2. Education [list college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained] ______
3. Employment record relevant to the assignment [Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.]
Period Employing organization and your Country Summary of title/position. activities Contact information for references* performed relevant to the Assignment [e.g., May [e.g., Ministry of ……, 2005-present] advisor/consultant to…
For references: Tel………/e-mail……; Mr.…….., Deputy Minister]
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*Contact information for references is required only for assignments during the last 3 years.
4. Membership in Professional Associations and Publications: ______
5. Language Skills (indicate only languages in which you can work): ______
6. Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Team of Experts: [list major deliverables/tasks in which the Expert will be involved]
Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks [insert Name of Project No. 1] Country : Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment [insert Name of Project No. 2] Country : Period : Client : Funding Source : Type of Service : Position :
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Description of : work/ Assignment [insert Name of Project No. 3] Country : Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment
7. Certification: I, the undersigned, certify to the best of my knowledge and belief that: (a) this CV correctly describes my qualifications and my experience; (b) In the absence of medical incapacity, I will undertake this assignment for the duration and in terms of the inputs specified for me in the proposal provided team mobilization takes place within the validity of this proposal or any agreed extension thereof; (c) I am committed to undertake the assignment within the validity of Proposal; (d) I am not part of the team who wrote the terms of reference for this consulting services assignment; (e) I am, pursuant to Clauses 3 and 4 of the Instructions to Consultants, eligible for engagement.
I understand that any misstatement described herein may lead to my disqualification or dismissal, if engaged.
Date:
[Signature of Key Expert or authorized representative of the firm]1 Day/Month/Year
Full name of authorized representative:
Notes for the Consultants 1. This CV can be signed by an authorized representative of the Consultant. If the Consultant’s proposal is ranked first, a copy of the CV signed by the Key Expert must be submitted to the Client prior to signing of contract.
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Form TECH-7 (Form ACK): Acknowledgement of Compliance
A) I, [insert name and position of authorized signatory] being duly authorized by [insert name of Consultant members of joint venture) (“JV”)]] (hereinafter referred to as the “Consultant”) to execute this Acknowledgement of Compliance, hereby certify on behalf of the Consultant and myself that:
(i) all information provided in the Technical and Financial Proposals (collectively “Proposals”) submitted by the Consultant for [name, number and identification of assignment as stated in DS 2.1] (hereinafter called “the Project”) is true, correct and accurate to the best of the Consultant’s and my knowledge and belief; and
(ii) the Consultant has not, directly or indirectly, taken any action which is or constitutes a corrupt or fraudulent practice and is not subject to any conflict of interest as stipulated in the Request for Proposals.
B) I certify that the Consultant has NOT been debarred by the Government for more than one year since the date of issuance of the Request for Proposals.
B’) I certify that the Consultant has been debarred by the Government for a period more than one year BUT that on the date of issuance of the Request for Proposals at least three (3) years had passed since the date of such debarment decision. Details of the debarment are as follows:
name of the debarred starting date of ending date of reason for debarment firm debarment debarment
C) I certify that the Consultant will not enter into a subcontract with a firm or an individual which has been debarred by the Government for a period more than one year, unless on the date of the subcontract at least three (3) years have passed since the date of such debarment decision.
D) I certify, on behalf of the Consultant, that if selected to undertake services in connection with the Contract, the Consultant shall carry out such services in continuing compliance with the terms and conditions of the Contract.
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E) I further certify, on behalf of the Consultant, that if the Consultant is requested, directly or indirectly, to engage in any corrupt or fraudulent act or practice under any applicable law, such as the payment of a rebate, at any time or any stage of a process of consultant selection such as evaluation, execution or implementation of contract (including amendment thereof), the Consultant shall report all relevant facts regarding such request to the relevant section in Client or Government in a timely manner.
F) The Consultant acknowledges and agrees that the reporting obligation stated above shall NOT in any way affect the Consultant’s responsibilities, obligations or rights, under relevant laws, regulations, contracts, guidelines or otherwise, to disclose or report such request or other information to any other person(s) or to take any other action, required to or allowed to, be taken by the Consultant.
G) If any of the statements made herein is subsequently proven to be untrue or incorrect based on facts subsequently determined, or if any of the warranties or covenants made herein is not complied with, the Consultant will accept, comply with, and not object to any remedies taken by the Client and any sanctions imposed by or actions taken by Client.
Authorized Signatory [insert name of signatory; title]
For and on behalf of the Consultant [insert name of the Consultant] Date: [insert Date]
Page | 41 PART 2- TERMS OF REFERENCE
RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
Section V: Terms of Reference
1. Background Madhya Pradesh Jal Nigam (MPJN) was incorporated as a wholly owned State Government Company under the Companies Act, 1956 on 9th July 2012. It is under the Chairmanship of Hon'ble Chief Minister, Govt. of Madhya Pradesh, as a separate entity under Public Health Engineering Department. It is responsible for design, execution, implementation, operation and maintenance of rural water supply schemes in the state to ensure safe, adequate drinking water to every household with tap connection in the areas of the state. MPJN is a nodal agency for implementing Multi Villages Schemes (MVS) under Jal Jeevan Mission (JJM) which is a flagship programme of Government of India. According to JJM, ‘Every rural household should have drinking water supply in adequate quantity of prescribed quality on regular and long-term basis at affordable service delivery charges leading to improvement in living standards of rural communities. MPJN is establishing decentralized, demand-driven, community-managed implementation of multi-village systems which will instil the sense of ownership among the local community. Vision MPJN envisions to provide safe and sustainable tap drinking water to communities and raw water to industries by utilizing surface water resources and to provide sustainable treatment and disposal of sewage. Organizational Structure
Managing Director
Project Director
Chief General Manager Chief General Manager
General General General Chief Company General General General Manager Manager Manager Financial Secretary Manager Manager Manager (Design & (Operation & (Community Officer (Technical) (Procurement) Monitoring) Maintenance) Participation) Manager Chartered Manager Manager Accountant Manager Manager (Design & (Operation & Dy. (Technical) (Procurement) Monitoring) Maintenance) Manager Accountant NDB Dy. Manager Dy. Dy. Manager Dy. Manager (Design & Manager (Operation & (Procurement) Monitoring) (Technical) Maintenance)
Page | 43 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
Project Implementation Unit MPJN has formed Project Implementation Units (PIUs) to supervise the execution, operation and maintenance of schemes. The organogram of PIUs is shown below.
Project Implementation Unit
General Manager
Manager (Design Manager Accountant Manager & Monitoring) (Technical) (Community Participation)
Dy. Dy. Dy. Dy. Manager Manager Manager Manager
Computer Operator – 3, Peon - 4
Project Implementation Units (PIUs) (As on 30.09.2020) 1. Bhopal 2. Indore 3. Gwalior 4. Tikamgarh 5. Rajgarh 6. Seoni 7. Shahdol 8. Panna 9. Satna 10. Jabalpur 11. Damoh
Schemes / Projects Multi Village Schemes (MVSs) comprise planning and development of water supply infrastructure viz. intake well, water treatment plant, raw water & clear water mains, overhead tanks, distribution network, functional household tap connections, SCADA, etc. complete and operation and maintenance of the water supply infrastructure to ensure continuous and sustainable water supply to end users in according with applicable guidelines of Government of India and Government of Madhya Pradesh. MPJN lays high emphasis on quality as well as time bound execution of schemes. The contractor appointed by MPJN also undertakes operation & maintenance of schemes for 10 years after completion.
Madhya Pradesh Jal Nigam (MPJN) is implementing 10 new Multi Village Schemes (MVSs) across the state through Jal Jeevan Mission, State Budget & District Mining Fund. The details of the scheme are provided at Annexure 1. It is proposed to engage qualified consulting team with proven experience in supervision and quality control of implementation of similar water supply schemes.
2. Scope of Consulting Services In order to augment the project supervision & quality control capability during execution, it is proposed to engage a Supervision & Quality Control Consultant (“Consultant”). The objective for deploying the Consultant is to engage qualified & experienced supervision & quality control personnel for day to day monitoring of execution of multi-village water supply scheme(s) to ensure that high quality construction is achieved and to ensure that all works are carried out in full compliance with the engineering design, technical specifications and other contract
Page | 44 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS documents within the stipulated time period. The main purpose is to supervise the overall activities for an efficient execution of a multi village water supply system to provide safe, potable drinking water as per quality and quantity, with adequate pressure at convenient location and time on a sustainable basis and advise to maintain the necessary record as per norm & inspect the records. Madhya Pradesh Jal Nigam (MPJN) shall be the employer of the Consultant. The details of the scheme are provided at Annexure 1. If required, Client may instruct Consultant to undertake Supervision and Quality Control (SQC) for additional schemes. The overall execution from reservoir / river, intake well & other components of the scheme and up to functional tap connections to each consumer of the different villages covered under the scheme shall be done by executing agency. Generally, the MVS comprises of following components: (i) Impounding reservoir near the intake well to protect intake structure (if constructed by executing agency) (ii) Intake well (iii) Raw water pumping main (iv) Water treatment plant (v) Clear water rising main (vi) Master Balancing service Reservoirs / Break Pressure Tanks (vii) Gravity Main (viii) Overhead Tanks/Ground level service reservoirs & IPS, if any (ix) Distribution network including house service connection (x) Electrical & Mechanical Equipment (xi) Overhead lines & Substations (xii) SCADA including instrumentation & Automation (xiii) Approach roads, buildings, protection of all structures and other assets created by executing agency The objective of the consulting service is to supervise the project on day to day basis and achieve the efficient and proper execution, implementation, timely completion of the scheme(s). As the Consultant is being deployed on man-month basis, the Client may direct the Consultant to undertake any engineering work like reply to contractor(s), preparation of new proposal, variation, extra work, preparation of proposal for change in scope of work of contractor(s), etc. The scope of Consultant will include but not be limited to the following: 2.1. The basic responsibilities of Consultant are as follows: (i) To supervise the overall activities for an efficient execution of multi village water supply scheme(s) to provide safe drinking water as per designed quality and quantity, with adequate pressure at convenient location and time on a sustainable basis and advise to maintain the necessary record as per norm & inspect the record of contractor to supervise overall execution of all components of schemes & all assets being created by the contractor during construction of overall scheme & to fulfil overall service level bench mark as given in agreement with contractor.
Page | 45 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
(ii) To advise & instruct the contractor and if required to undertake demonstration sessions to maintain the quality in every activity related to execution. (iii) To assist PMC in overall Project Management of schemes (iv) Verifying the provisions at site with respect to bid documents (v) To assist PMC in Establishment of Construction Management and Project Performance Monitoring and Reporting System and maintain the records thereof; (vi) Supervision and Quality control of works being executed by the EPC Contractor. (vii) Quality Assurance of different material procured by the contractor (viii) Project Level Quality monitoring (ix) To assist PMC in Approval of Quality Plan, Safety Plan, Project Plan, Quality Assurance Plans for different material procured by contractor (x) Assist in day to day working of Client as directed by Client (xi) Any other activity as directed by Client related to execution of schemes. (xii) Act as a coordinator in between EPC Contractor, VWSCs of different villages, other related institutions & PIU (Project Implementation Unit) in Execution matters. (xiii) To maintain & upkeep of overall record related to Execution works. (xiv) To provide the necessary assistance in getting house service connections, disconnection as per advice of VWSCs based on merits and demerits during Execution period. (xv) To provide necessary assistance in formation of VWSCs of villages if not formed or new VWSC if dissolved. (xvi) To supervise the work & get it recorded in Measurement Books (MBs) & to produce bills as per norms during execution period and in preparation of final bills. (xvii) To attend the orientation program/workshop if organized by MPJN for up gradation or orientation. (xviii) To prepare the estimate of work, if required, as per requirement & instruction by GM, PIU. (xix) To supervise the execution on day to day basis. (xx) Acts as coordinator in case of labour strike, etc. from the side of Employer.
2.2. Overall Supervision, Quality Control & Project Management
The duties of the Consultant will be to properly supervise the works and approve the materials and workmanship of the works in cooperation and in consultation with the Employer to ensure timely completion of the project. The Consultant will administer the construction works contracts and will ensure that the contractual clauses, whether related to quality or quantities of work, are respected. The Consultant shall have no authority to relieve the contractor of any of their duties or obligations under the contracts or to impose additional obligations not included in the contracts. The duties of the Consultant will also include issuing decisions, certifications and orders as specified in detail in the construction contract document. The Consultant shall assist MPJN in overall Supervision, Quality Control of the projects for all components on technical, physical, financial, social and institutional matters including formulation of Quality assurance & Quality Control plan, project management plans and other
Page | 46 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS plans, monitoring, supervision, preparation of various reports including daily, weekly, monthly reports and completion reports, and advice on problems & bottlenecks prevailing or anticipated and countermeasures / corrective actions required. The following activities will have to be carried out by the Consultant: a) On behalf of MPJN, draft procedures and ensure adherence to works procurement, billing, contract management and quality control. b) Project Performance Monitoring and preparation of Project Completion Report c) Site visit as required
2.3. Coordination with Third Party Inspection Agency (TPIA)
The Client may appoint a Third-Party Inspection Agency (TPIA) for carrying out specific activities in accordance with the Jal Jeevan Mission guidelines. The Consultant shall coordinate with and provide support to the appointed TPIA to carry out all their activities. The Consultant shall share all the records regarding progress, quality and quantity of the executed works with the TPIA. The Consultant shall get TPIA’s suggestions implemented through the contractor. Deputy Team Leader of the Consultant shall act as the nodal person for coordination with TPIA.
2.4. Construction Supervision
The Consultant shall perform his duties during the contract implementation period of the contracts to be executed by the contractor(s) and ensure that work is carried out as per provision of the contract with respective contractor(s) with the help of PIU. In this context, the Consultant shall: a) Check whether the MVS design done by Contractor is as per the provisions in JJM / DDWS, MoJS / CPHEEO and other applicable guidelines as applicable. b) Check whether all the survey works have been carried out by the contractor and water demand has been estimated properly. c) Check the design parameters and make sure that they are as per JJM / DDWS, MoJS / CPHEEO and other applicable guidelines as applicable. d) Visit the site on day to day basis. e) Point out the short comings while execution of the works and offer suggestions for their rectification. Drafting letters or any other communication with the contractor/ PIU/Project Management consultant on day to day basis. f) Advise on procedures and methodologies regarding Contractor’s work program, method statements, material sources, etc. g) Scrutinize the Contractor’s detailed work program, suggesting modification, if any, after a careful study and ensuring timely completion. h) Scrutinize the Construction Methods proposed by the Contractor for carrying out the works to ensure that these are satisfactory with reference to the technical requirements, and
Page | 47 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
deployment of plant and machinery, project implementation schedule and environments aspects as well as safety of works, personnel and the general public. i) Scrutinize on random basis and/or reviewing contractor's supervision personnel and suggests modifications, if any. j) Advise PIU on regular inspection of the Contractor’s equipment, plant, machinery, installation, etc. to ensure that they are adequate and are in accordance with the terms and conditions of the contract. k) Act as the Engineer to execute construction supervision and contract administration services in accordance with the power and authority to be delegated by MPJN; l) Provide assistance to MPJN concerning variations and claims which are to be ordered/issued at the initiative of MPJN. Advise MPJN on resolution of any dispute with the contractor; m) Issue instructions, approvals and notices as appropriate; n) Provide recommendation to MPJN for acceptance of the contractor’s performance security and required insurances; o) Assess adequacy of all inputs such as materials, labour and equipment provided by the contractor; p) Check and approve the contractor’s method of work, including site organization, program of performance, quality assurance system, method statements, safety plan, and environmental monitoring plan so that the requirements set forth in the applicable laws and regulations, the specifications or other parts of the contract are to be duly respected; q) Regularly monitor physical and financial progress, and take appropriate action to expedite progress if necessary, so that the time for completion set forth in the contract will be duly respected by the contractor; r) Explain and/or adjust ambiguities and/or discrepancies in the Contract Documents and issue any necessary clarifications or instructions. Give instructions to the contractor for any works which may not be sufficiently detailed in the contract documents, if any; s) Review and recommend for approval the contractor’s design & working drawings if found in accordance with the contract; t) Liaise with the appropriate authorities to ensure that all the affected utility services are promptly relocated; u) Carry out field inspections on the contractor’s setting out of the works in relation to original points, lines and levels of reference specified in the contract; v) Organize, as necessary, management meetings with the contractor to review the arrangements for future work. Prepare and deliver minutes of such meetings to MPJN and the contractor; w) Monitor the works so that all the contractual requirements are met by the contractor, including those in relation to i) quality of the works, ii) safety and iii) protection of the environment. Confirm that an accident prevention / safety officer proposed by the
Page | 48 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
contractor is duly assigned at the project site. Require the contractor to take appropriate remedies if any questions are recognized regarding the safety measures; x) Witness and Assist MPJN in assessing field test report, sampling and laboratory test report to be carried out by the contractor; y) Reviewing the test results/certificates of all construction material and/or sources of material and undertake additional tests as necessary to assess the quality of works as 1st tier quality control. z) Consultant shall make recommendations for payment of bills as per the agreement between contractor and MPJN. Any corrections, if required, shall be made only after the recommendations of the General Manager (GM) of the concerned PIU. aa) Verifying the request for area addition in the contractor’s scope of work during execution period. The request can be through Contractor, Client or public and need to be verified at site and change in scope planned accordingly. bb) Evolve and implement a system for the quality assurance of the works in line with the contractor’s quality assurance plan. The system of control of quality of material and completed works shall also include sampling method and criterion, and acceptance criteria. The sampling method and the acceptance criteria shall be based on statistical methods and the recommendations of the relevant IS codes and JJM / DDWS, MoJS / CPHEEO guidelines. cc) Inspect the construction method, equipment to be used, workmanship at the site, and attend shop inspection and manufacturing tests in accordance with the Employer’s Requirements; dd) Check bills submitted by the contractor and recommend for payment as per the provisions of the contract; ee) Coordinate the works among different contractors/consultants employed for the projects; ff) Assess the modifications in the Employer’s Requirements as may be necessary in accordance with the actual site conditions, and recommend regarding variation orders; gg) Carry out timely reporting to MPJN for any inconsistency in executing the works and suggesting appropriate corrective measures to be applied; hh) Inspect, verify and determine claims issued by the parties to the contract (i.e. MPJN and contractor) in accordance with the contract; ii) Ensure that the Test on Completion carried out by the contractor and assist MPJN in carrying out the Test after Completion, as applicable; jj) Perform the inspection of the works and to issue certificates such as the Taking-Over Certificate, Performance Certificate as specified in the contract, Check and recommend/certify as-built documents prepared by the contractor; kk) Check the construction phase final bill in detail and verify on site and accordingly recommend for payment; ll) To direct the Contractor in all matters concerning construction safety and care of the works (including the erection of the temporary signs at MPJNM works) and if required, to require the Contractor to provide any necessary lights, guards, fencing and watchmen;
Page | 49 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS mm) To provide adequate supervision of Contractor’s work carried out in more than one shift thus matching the working hours to be the same as that of the contractors(s); nn) Provide assistance to the Employer in respect of contract implementation, claims and other matters; oo) Assist to acquire land for different component of scheme and take necessary permission from concerned department such as revenue, forest, agriculture, private land, etc. Also assist in acquiring necessary permission from road authorities, railway, water resource department, electricity department, etc.; pp) Assist/advice Employer for advance actions required to be taken for handing of site and in achieving different milestones for completion of projects as per schedule; qq) Online Entries on the MIS/Works Contract Management System (WCMS) Module as per requirement for recording information regarding project, measurement and bills, etc.; rr) Assist the Employer in co-ordination works with different agencies and hold meetings for proper and timely implementation of the project; ss) Checking and review of complete structural as well as hydraulic design and drawing including all components of the Multi Village Rural Water Supply Scheme as per provision of work contract, prepared and submitted by contractor and preparation of evaluation report of design and drawing.
2.5. Safety Measures
The Consultant shall: a) Review and ensure implementation of the safety plans submitted by the bidders from the point of view of securing the safety during the construction; b) Review and ensure implementation of the program submitted by the contractors from the point of view of securing the safety during the construction and ask the contractor to submit further details, if necessary; and c) During the supervision of the construction work, ensure that an accident prevention officer / safety officer proposed by the contractor is duly assigned at the project site and that the construction work is carried out according to the safety plan as well as the safety measures prescribed in the program. If Consultant recognize any questions regarding the safety measures in general including the ones mentioned above, the Consultant shall suggest MPJN to ask the contractors to make appropriate improvements.
3. Implementation Arrangements
3.1. The Supervision and Quality Control Consultant (Execution) would be attached to Project Implementation Agency (PIU), MPJN for coordination, reporting and approval of payment purposes and would advise and assist in capacity and quality enhancement of the executing agency.
Page | 50 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
3.2. Under the overall guidance of the MPJN / Project Management Consultant (PMC), the Consultant will provide management advice to PIUs’ on methodologies and procedures for contract management, 1st tier quality control, monitoring project performance and coordination, quality monitoring of works for the project, etc. 3.3. The Consultant will establish its office in the project area at the locations indicated in Annexure 2 on its own. 3.4. The Consultant will directly liaise with the PIU, MPJN in enforcing the agreed procedures. 3.5. Status of all the activities entrusted to the Consultant would be reviewed in weekly / monthly and any other meetings scheduled by Client. Corrective actions as identified during such meetings would be required to be taken up by the Consultant.
4. Staffing and Other Inputs 4.1. The Consultant is expected to provide the personnel for the indicated duration. The duration given is indicative and subject to variation by agreement between the Consultant and the MPJN. The Consultants’ team composition and indicative inputs along with office location are included as Annexure 2. i. Consultant shall ensure that staff shall always be available and shall plan the deployment of the additional staff if any within 15 days from the approval of the required personnel by MPJN. ii. The staff deployment may be amended (increased / decreased) based on Client instructions. iii. The duration of the assignment along with the different offices is indicated in Annexure 2. MPJN may extend the duration of the assignment further based on mutual agreement subject to satisfactory performance.
4.2. Roles and Responsibilities of the Staff
Detailed information on the major tasks and duties are as follows: 1. Team Leader a) Lead the Project Team to finish all work related to assignment of consulting services during the project implementation process; Act as Employer’s Representative on Design-Build (DB) Conditions (EPC) Contract; b) Shall take the overall responsibility under the consulting services of the Consultant, and shall represent the Consultant in all matters relating to the performance of services, communication between Contractors, PIU, MPJN and the Project Management Consultant, coordinating with and managing Consultant team to deliver services as per the scope of work during the stipulated time schedule c) Develop and help project implementation plans and procedures for monitoring and control; d) Shall be in regular contact with the Client, PIU, PMC and attend all the meeting as required / instructed by Client.
Page | 51 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS e) In consultation with the PIU, develop a detailed framework for the Project Performance Management System (PPMS) including overall system design, refinement of indicators, targets and outputs, and form of report formats. This task must be completed within first 6 months of the contract; f) Shall issue instructions to contractor(s) and check the documents and drawings submitted by the contractor(s). g) Shall prepare monthly and quarterly progress reports h) Scheduling and ensuring timely mobilization / demobilization of team members i) Ensuring deployment of the entire team in accordance with the Contract / Client instructions j) Undertake site visits at least twice a week ensuring coverage of all project area in the month. k) Provide detailed review and recommendation on checking of bills, checking / preparation of proposals for variation, extra work, time extension, delay analysis, etc. as directed by Client. l) Set up and maintain a correspondence and document storage and retrieval system to record all relevant communications between the parties to the Contracts and all measurement and quality control details and variations to the works as they occur; m) Develop the format of a brief monthly construction report and prepare project relevant reports required by MPJNM, including inception report, brief monthly reports, quarterly reports, and project completion report; n) Review all documents and supervision reports before final submission to MPJNM. o) To approve the Contractors key superintendent personnel and, construction mobilization programs. p) To approve the contractors’ work program including activity scheduling and resource programming. q) Issue interim certificates for payments to the contractors.
2. Deputy Team Leader cum Construction Manager a) Shall support TL and represent Consultant team in case TL is not present b) Shall function as technical advisor in supervision of all the schemes c) Shall assist to coordinate with other experts in delivering the entire scope of work d) Responsible for overall construction management, quality control & quality assurance and administration of the contracts. e) Shall assist PIU/MPJN in correspondence to clarifications from the contractors in technical aspects f) Shall oversee the contractor’s submission documents and coordinate for reviewing the contractor’s submissions g) Undertake regular site visits as directed by the Client ensuring coverage of the entire scheme during a month, h) To review, compile and finalize progress reports. i) To test check measurements as per TOR
Page | 52 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS j) Shall assist the team in reviewing the documents and drawings submitted by the contractor(s) k) Shall assist the team in resolving inter-department issues and will recommend on resolution of hindrances in execution l) All other duties assigned by the Team Leader and GM/CGM.
3. Water Supply Expert a) To review and monitor the ongoing work on site as per approved design drawing b) Shall function as technical advisor in supervision of all the schemes c) Shall assist to coordinate with other experts in delivering the entire scope of work d) Shall assist PIU/MPJN in correspondence to clarifications from the contractors in technical aspects e) Shall oversee the contractor’s submission documents and coordinate for reviewing the contractor’s submissions f) Undertake regular site visits as directed by the Client ensuring coverage of the entire scheme during a month, g) To review, compile and finalize progress reports. h) To test check measurements as per TOR i) Shall assist the team in reviewing the documents and drawings submitted by the contractor(s) j) To coordinate with contractor(s) to ensure progress of works as per the approval plans k) Any engineering work like design check, bill check & reply to contractor(s).
4. Manager (Community Mobilization) a) Ensure every revenue village/habitation have covered with FHTCs, done PRA and prepare VAP with participatory approach and have constituted VWSC, as per JJM guidelines/Gazette Notification of MP. b) To provide assistance in conducting PRA and VAP c) Liaising/coordination among Gram Pachayat/Jila Panchayat/MPJN/PIU and other concerned line department. d) To provide necessary support for Capacity Building plan, Surveys, IEC activities plan and Social Mobilization Activities. e) To identify Critical Capacity/Skill gaps among Key Stakeholders for implementation to promote a community-led approach to rural water supply and facilitate the process of bridging these gaps. f) Any other task relevant to the project for social mobilization and other activities of the project. g) To steer the Project Team in the implementation of the JJM programme and its objectives. h) Conduct monthly review meeting with all related concerned stakeholder.
Page | 53 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS i) Apart from above, he/she will be responsible for implementing JJM guidelines
5. Resident Engineer a) To review and monitor/supervise the ongoing work on site as per approved designs, drawings, specifications in line with approved QAQC plan. b) Reporting and interacting with Team Leader to sort out routine construction problems. c) To coordinate with contractor(s), PIUs, PMC to ensure progress of works as per the approval plans d) To update the team and Client in case of foreseeable issues & hindrances which could impact the progress of the projects as per the approved plan e) Any engineering work like design check, bill check & reply to contractor(s). f) Review project design drawings and provide direction if need be, highlight potential technical problems and suggest means to resolve the same in consultation with PIU, DTL & TL; g) Witness, provide advice and assistance on start-up, testing and commissioning as per detailed specifications and contract conditions; h) To inspect the works, during the construction period and during the Trial run and at proper interval. i) Establish a system of Quality control & Quality Assurance of works, approve materials, concrete mix designs, sampling and testing procedure and ensure implementation of the same on site. j) To interact with GM/DGM. k) To review progress reports submitted by the contractor and prepare weekly, monthly progress reports highlighting the bottlenecks. l) To check measurements as per TOR m) All other duties assigned by the Team Leader and GM/DGM.
6. Assistant Engineer (Civil/E&M) a) Coordinate with client and the contractors appointed by client for execution of work water supply schemes to monitor construction work as per the schedule of each works. b) Monitor progress with reference to pre-fixed targets drawn up jointly with the Contractors and furnish monthly progress reports in the formats as decided in consultation with the MPJN. c) To direct contractor to take all necessary steps to maintain the rate of progress of works as per the approval programme. d) Guiding team of Field Engineers to approve setting out of the works layout, to verify the drawings of the contractor, quality control & Quality assurance procedures, etc. e) Ensure monitoring and checking of day to day works ongoing on the site, and issue monthly/interim payment certificates; f) To direct the Contractor in all matters concerning construction safety. g) To verify and correct the as built drawings.
Page | 54 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS h) Record measurements in measurement books at various stages of works, verification of measurement and preparation of bills based on recorded measurements jointly with the Departmental Officers during each stage.
7. Field Engineer (Civil/E&M) a) In case of works where measurements are hidden after completion, as in the case of foundations, reinforcements in RCC structures etc, check measurements are to be carried out immediately after each activity is completed and before they are covered up. b) To attend the Requests for Inspections (RFIs) timely and give go ahead to the contractor if the work is as per the drawings and technical specifications. c) Witness Quality Assurance of works, materials concrete mix designs, sampling and testing procedure and Quality Control measures. d) Witness/Check the laboratory and field test carried out by the contractor, ensure proper record and testing of cubes as required. e) Order removal and substitution of improper materials. f) To make independent measurements and check all quantity measurements and calculations required for payment purpose. g) To monitor and check the day to day quality control, keep all measurement records.
8. Assistant Manager (Community Mobilization) a) Ensure every revenue village/habitation have covered with FHTCs as per JJM guidelines. b) Ensure every revenue village done PRA and prepare VAP with participatory approach. c) To provide assistance in conducting PRA and VAP d) Ensure every village have constituted VWSC, as per JJM guidelines/Gazette Notification of MP. e) Liaising/coordination among Gram Pachayat/Jila Panchayat/MPJN/PIU and other concerned line department. f) To provide necessary support for Capacity Building plan, Surveys, IEC activities plan and Social Mobilization Activities. g) Any other task relevant to the project for social mobilization and other activities of the project. h) To steer the Project Team in the implementation of the JJM programme and its objectives. i) To support, Monitor and Evaluate the JJM programme on a regular basis to achieve its milestones and objectives within the defined time frame. j) Apart from above, he/she will be responsible for implementing JJM guidelines
9. Quality Control Engineer a) Establish a system of Quality control & Quality Assurance of works, approve materials, concrete mix designs, sampling and testing procedure and ensure implementation of the same on site.
Page | 55 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS b) To ensure that the ongoing work is going on as per approved designs, drawings, specifications in line with approved QAQC plan. c) Guide the Field engineers (AE & FE) regarding QAQC issues. d) To inspect the works, during the construction period and to update/highlight the team leader any non-conformity to the QAQC. e) Provide advice and assistance on testing and commissioning as per detailed specifications and contract conditions; f) All other duties assigned by the Team Leader and GM/DGM. g) Ensure that the Field engineers (AE & FE) laboratory will carry out the field tests as per standards and proper record and testing of cubes as required. The above tasks are indicative and further tasks may be allotted to the experts by Client / Team Leader depending on the requirements of the projects / schemes. The above tasks are to be delivered by the Consultant as a whole and non-deployment / absence of some members of the Consultants’ team shall not be considered as a reason for non-delivery of any aspects of the Services as envisaged under the Contract. It is the responsibility of the Consultant to ensure delivery of the entire scope of work as envisaged under the Contract at all times during the contract period.
4.3. Mobilization / Replacement of Staff
The Consultant will be responsible for deployment / withdrawal of staff / additional staff for efficient and complete monitoring of works. However, the total staff inputs should not exceed the man-month indicated in the Contract. In case the deployment is less than 40% at any time during the contract, Client may terminate the contract. The CV’s of key personnel shall be included in the proposal along with documentary proof of qualification and experience, their written consent and availability. No replacement of staff whose CV is evaluated shall be allowed. Only under exceptional circumstances and with approval of MD, MPJN shall any staff be allowed to be replaced. Any such request for replacement shall be raised by giving proper justification of the need of replacement. Any such replacement of expert shall draw a penalty of 5% of the quoted cost of resource. Subsequent replacements shall draw a penalty of additional 5% of the quoted cost of resource. MD, MPJN shall have the sole discretion of waiving such penalty if the candidate during interview is found better qualified and capable. If, however, the replacement is necessitated because of medical reasons of the expert, then such deductions shall not be applicable, though the Consultant will be required to provide medical reports or doctor’s advice mentioning the incapacity of the expert to perform. MPJN if required, can ask for a certificate from a doctor empanelled with it. After award of the contract, the Employer expects all the proposed personnel to be available during implementation of the contract as per the agreed staffing schedule. The Employer will not consider substitutions during contact implementation except under exceptional circumstances. In case of such replacements, the Consultant will ensure that there
Page | 56 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS is a reasonable overlap of at least one month between staff to be replaced and replacement for knowledge transfer, at the cost of the Consultant. The Employer may ask for mobilization or demobilization of team / staff as per performance and requirement of work. The team / staff shall be mobilized / demobilized as communicated by Employer.
4.4. Entitlement for Outstation Visit Cost Reimbursement
The costs towards travel expenses, boarding and lodging pertaining to outstation (outside project area) visits undertaken with prior approval of Client shall be reimbursed by the Client on production of bills with the invoices. The class of travel and stay shall be as per latest applicable rules of Government of Madhya Pradesh as on the date of travel as per entitlement for the respective Experts as per the following table:
Equivalent Designation for No. Key Expert Designation Reimbursement 1. Team Leader General Manager, PIU 2. Construction Manager Manager, PIU 3. Water Supply Expert Manager, PIU 4. Resident Engineer Manager, PIU 5. Manager (Community Mobilization) Manager, PIU
5. Action Requiring Specific Approval of Employer
5.1. The Consultant will be required to obtain the specific approval of the Employer in the matters as specified in construction Contract Agreement.
5.2. The Consultant will seek prior permission of the Employer before taking any of the following actions: a. Consenting to the sub-contracting of any part of the works. b. Certifying additional cost determined. c. Ordering suspension of work. d. Issuing the notice to commence the work. e. Approving an extension of time. f. Approving new rates either for existing items of work, arises from variation quantities beyond the limit, defined in the contract document. g. Approving new rates either for existing items of work, which arises from variation quantities beyond the limit, defined in the contract or fixing rates of non-priced works involving any extra item and extra item and certifying any additional cost determined under the provisions of contract; h. Issuing the order for special tests not provided for in the contract and determining the cost of such tests, which shell be added to the contract price.
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i. Issuing/approving the Technical Specification, if not provided for an item of works in the Construction Contract, similarly; for any change in Technical Specification of any item of work. 6. Interim and Final Payments
6.1. The Consultant will process interim and final payments to the Contractor. Interim monthly payments shall be based on interim payment certificates processed by the Consultant following claims filed by the Contractor. The Consultant will be responsible for ensuring that all measurements are taken as per specification and drawings for the works and are recorded in presence of the representative of contactor(s) and are countersigned by him. All measurements (100%) will be taken by the Field Engineer or any senior technical staff and also recorded in prescribed measurement book manually and/or by computer. All measurements will be 100% checked by Assistant Engineer. In processing contractual payments, the Resident Engineer and DTL of the Supervision Consultant will certify that they have checked at least 25% and 10% respectively of the measurements and quality control tests. The Resident Engineer shall intimate the details of these check tests to the GM, PIU before undertaking them, so that the GM, PIU or his officers could associate, if they wish to do so. The Resident Engineer or any of his concerned experts shall do the repeat tests or measurements, if directed by the GM, PIU of the construction package, in the presence of GM, PIU or any of his representatives. In case of any conflict the Team Leader will check minimum to 3% of total measurement/quality control tests. In the event of such conflict the Employer will release to the contractor 80% of the disputed amount as certified by the Consultant and then instruct the Consultant to respond to the discrepancies within 14 days. Any discrepancy found will be settled in the following interim payment certificates.
6.2. Measurement of the works and supplies will be checked by the staff of Consultant as follows. (i) Team Leader : - 3% (ii) Deputy Team Leader : - 10% (iii)Resident Engineer : - 25% (iv) Assistant Engineer : - 100% 7. Reports 7.1. The Consultants will submit the following periodic reports at the time and in the number of copies (also in electronic copies) indicated for each, in addition to reports, which will be submitted on the specific tests under the scope of work. Some of the reports would be in questionnaire form so that all required aspects are covered. Particulars of the Report No. Of Copies 1) Monthly Progress Reports 5 + softcopy 2) Quarterly Progress reports 5 + softcopy
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3) Completion Reports of each package 5 +soft copy 4) Final Completion Report with CD 5 + soft copy 5) Any additional report and power point As & when required Presentation in Hindi and English i. Inception Report: To be submitted within three (3) weeks of the commencement of services. The report will be based on the Terms of Reference and will include the Consultants detailed work program. (5 Copies in Hard and 1 in Soft Copy). ii. Daily Progress Report: Daily progress report shall be sent by email by next day morning. iii. Weekly Progress Report: Weekly progress report shall be submitted on every Monday. Team Leader Should give a presentation to Client regarding weekly progress of the project, hurdles/bottlenecks, if any with strategies to address them. Mere submission of reports will not suffice. iv. Monthly Progress Report: Monthly progress reports to be submitted by the fifth day of the following month in Hindi and/or in English. The report shall include the progress of works, any hindrances observed, or foreseen, and corrective measures taken or proposed to resolve the hindrance along with photographs of construction progress. (5 Copies in Hard and 1 in Soft Copy). The report shall summarize the work accomplished by the Consultant for the preceding month (along with photographs). The report will outline any issues/concerns/problems encountered (administrative, technical, environmental, social or financial) and give recommendation on how these problems may be overcome. Brief work progress summaries will be included for on- going works and outlining problems encountered and recommending solutions. The report should record the status of payment of contractor’s monthly certificates, of all claims for cost or time extensions, and of action required of government and other agencies to permit unconstrained works implementation. v. All reports should be given in hard copy as well as MS office formats in soft copy. Report should include the work plan in Microsoft Project (MSP) or equivalent software. Actual work plan submitted by the Contractor during the tender and the actual work done on site should be presented in Microsoft Project (MSP) or equivalent software to the Client regularly showing the progress, delays / hurdles / bottlenecks in the schemes. vi. Quarterly Site Assessment Report: The Consultant shall submit a comprehensive report summarizing all activities under the services at the end of each quarter, and also at other times when considered warranted by the Employer because of delay of the construction works of because of the occurrence of technical or contractual difficulties. Such report shall summarize (i) the activities of the Consultant (ii) the progress of the Contracts (iii) all contract variations and change orders (iv) the status of Contractor’s claims, if any; etc. The report shall include brief descriptions of the
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technical and contractual problems being encountered, physical and financial progress in approved formats, financial status of the contracts as a whole consisting the cost incurred, and cost forecast, and other relevant information for the on-going contracts. vii. Any other reports as required by the Client from time to time as instructed. 8. Facilities 8.1. The Consultants are required to quote their rates for other incidental expenses on monthly basis for providing the following for their own use. The Consultant will have to maintain separate office(s) as specified in Annexure 2. The offices will be fully equipped with furniture, office equipment with computer, telephone, fax, electricity, water cooler, other equipment necessary for site and required for executing the job, water supplies, vehicles for office and field visits, office support staff, all traveling expenses of all personnel, personnel, stationery required for regular office use, reporting, documentation, etc. The Bidder shall give a monthly rate for the different offices as under, which will include all expenses detailed above. The details mentioned below is minimum what is required to be deployed by the Consultant: 8.1.1. All office expenses for the offices as specified in Annexure 2. 8.1.2. Total number of minimum vehicles as specified in Annexure 2 inclusive of hire charges, diesel/petrol, wages of driver, maintenance, etc. 8.1.2.1. Four-Wheeler - Hard top jeep, Bolero, Scorpio, TUV 300 or equivalent 8.1.2.2. Two-Wheeler - Motorcycle 100 cc or equivalent / above 8.1.3. Computers & laptops as required with minimum configuration as Intel Core i5, 4 GB DDR RAM, 500 GB Hard Disk with internet/Wi-Fi connectivity, office furniture and equipment etc. along with all latest compatible software as per requirement. 8.1.4. Any other incidental cost like survey equipment including the equipment required during construction to regulate the quality of construction on hire basis. 8.1.5. The expenses for running the office which is to be included in the other incidental expenses shall comprise to run the Consultant’s office items like desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa set, etc. Expenses of all consolidated items as assessed by Consultant on monthly basis rate to be quoted. 8.1.6. The expenses for deployment of office equipment which is to be included in the other incidental expenses shall comprise to run consultant’s office items includes plotter, laser printer, photo copy machine, external CD writer, laptop, camera, SLR, generator, refrigerator, etc. Expenses of all consolidated items on monthly basis to be quoted. 8.1.7. Office furniture purchase shall comprise to run the Consultant office items like desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white boards purchased by the Consultant. There will be no reimbursement of any office set up cost or any cost except for those specified in the financial proposal. 8.1.8. The Consultant will have to maintain / provide vehicle as specified in Annexure 2. Payment of vehicles will be made after submission of the log book of vehicle. If vehicle
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runs less/or in excess than prescribed limit, the payment will be deducted/made additional accordingly with following rates for less/excess KM. i. Four-wheeler vehicle - Rs. 15/ KM. ii. Two-wheeler vehicle - Rs. 05/ KM. The prescribed limit for the vehicles is as follows: i. Four-wheeler vehicle – 2,500 km per month ii. Two-wheeler vehicle – 1,000 km per month 8.2. The rental cost for all these items will be included in the financial proposal and shall be considered for evaluation. 8.3. The quality control laboratory for performing various types of tests shall have to be arranged by the Contractor including the testing personnel. The supervision consultant will perform all the required tests and supervise all the tests done by the contractors. Financial cost for setting up of laboratory and equipment and testing need not made in financial proposal. 8.4. Employer will provide to the consultants the copies of all the project reports including design and drawings and relevant databases collected by the design consultants. One set each of designs and drawings shall be maintained at Team Leader office and also at each site office (resident engineer office). 9. Deficiencies in Services Deficiencies in the services on part of Consultant may attract penal provisions in the form of fines, up to a maximum amount of 10% of contract price and /or debarment, etc. The deficiencies on part of Consultant may include the following but not be limited to: a. Not acting impartially or acting in collusion with contractor in award of variation, fixation of new rates, etc. b. Not keeping proper records regarding quality control, inspection, rejection/rectification of work, etc. c. Failure to give proper and timely advice to Employer / contractor to enable correction during execution. d. Delay in design and withholding approvals, etc. e. Recommending extension to the contractor with a view to extending duration of supervision services. f. Refusing to give reasons for decisions when called for by the Employer. g. Not being fully conversant with manuals, specifications, standards, Employer’s /Ministry’s guidelines and requirement of the project to be following during construction. h. Certifying substandard work for payment. i. Not exercising required scrutiny non-approval of temporary stretch/works. j. Lack of proper coordination with contractors and Employer’s representative to ensure smooth implementation of projects. k. Permitting subletting of any part/major works without authorization.
Page | 61 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS l. Delay in mobilization of required staff at any stage of the contract.
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Annexure 1 Details of Madikheda Multi-Village Scheme (MVS)
No. Main Works Construction of intake well cum pump house having minimum diameter 12 m and approximately 47.69 m deep, 108.47 million litres of capacity in 20 hours flow with provision for automation, construction of RCC approach bridge of length approximately 1 90 meters, minimum 4 m wide (excluding space for pipeline, kerb, cable duct, railing, electric poles, etc.) & all other necessary/ ancillary structures required at the bank of Madikheda Dam near Village Raipur, Block Shivpuri, District Shivpuri Raw water pumping main of 1100mm diameter DI-K9/MS pipe of length 12023 m including electro-magnetic flow meter, valves, sluice valves, air valves, scour valves, 2 valve chambers, thrust blocks, crossings, specials & accessories, etc. complete including road restoration Water treatment plant to provide 97.01 million litres treated clear water in 20 hours including automation, of overall clear water demand for the design year, complete, near 3 village Satanwada Kalan, District Shivpuri including construction of boundary wall with MS gates, internal roads, electrification, laboratory, etc. and all other necessary/ ancillary structures required Providing, laying & jointing of clear water pumping main having length and diameter as indicated below with in-lining and out-coating as per relevant specification including electromagnetic flow meter (EMF), valves, sluice valves, air valves, scour valves, valve chambers, thrust blocks, crossings, specials & accessories, etc. complete including road restoration Type of Pipe / Class Diameter in mm Length in Meter 300 138 450 9551 500 47183 4 600 6292 Up to 800 mm DI K-9 Pipe 700 6000 Above 800 mm DI K-9 or MS Pipe 750 19248 800 17626 900 26199 1100 1580 1200 18698 Total 152515 Providing, laying & jointing clear water feeder / gravity main as per relevant specification including electromagnetic flow meter (EMF), valves, sluice valves, air valves, scour valves, valve chambers, thrust block, crossings (rail and road), specials & accessories, etc. complete including road restoration of length and diameter as indicated below: 5 Type of Pipe / Class Diameter in MM Length in meter DI K-7 Pipe 80 239648 100 344920 150 364071
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No. Main Works 200 148925 250 106584 300 91010 350 64305 400 38397 450 29062 500 52289 600 56061 700 5946 800 996 Total 1542214 a. - i) Construction of 8 numbers ground level service reservoirs at different villages of following capacity as per design to maintain the required minimum residual pressure of 7 m at consumer end including provision of electromagnetic flow (EMF) meters at each reservoir including compound wall with MS gate & approach road, electrification, etc. complete with 25 sqm room No. Capacity Quantity i. 50 KL 3 ii. 100 KL 3 iii. 150 KL 1 iv. 200 KL 1 a. - ii) Construction of 348 numbers overhead service reservoirs at different villages of following capacity and staging of minimum 12m or as per design to maintain the required minimum residual pressure of 7 m at consumer end including provision of electromagnetic flow (EMF) meters at each reservoir including compound wall with MS gate & approach road, electrification etc. complete with 25 sqm room 6 No. Capacity Quantity i. 50 KL 28 ii. 75 KL 57 iii. 100 KL 76 iv. 125 KL 52 v. 150 KL 61 vi. 175 KL 31 vii. 200 KL 22 viii. 225 KL 4 ix. 250 KL 1 x. 275 KL 4 xi. 325 KL 4 xii. 375 KL 4 xiii. 400 KL 3
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No. Main Works xiv. 500 KL 1 Total 348 b) Construction of clear water sump (with twin compartments) / clear water sump (with twin compartments) cum pump houses having following capacity including provision of electromagnetic flow (EMF) meters including barbed wire fencing with MS gate & approach road, electrification, etc. complete with 25 sqm room. i. Clear Water Sump at WTP Site – 4800 KL ii. GL Collection Sump at Panchwali - 1000 KL iii. GL Collection Sump at Guda - 1000 KL c) Construction of 6 OHBR with following capacity and approx. staging including provision of Electromagnetic flow (EMF) meters at each reservoir including Barbed wire fencing with MS Gate & Approach road, electrification etc. complete with 25 Sqm room. i. OHBR 1 at Tongra - 1600 KL, 30 M staging ii. OHBR 2 at Daharwada - 450 KL, 30 M staging iii. OHBR 3 at Guda - 600 KL, 30 M staging iv. OHBR 4 at Peeroth - 900 KL, 30 M staging v. OHBR 6 at Manora Ahir - 750 KL, 30 M staging vi. OHBR 7 at Hill Near Simlar Village - 375 KL, 25 M staging Note: All MBR/ BPT/ IPS/ WTP shall have boundary wall as defined in bid document but all ESRs/ GSRs shall have G.I. chain link fabric fencing of mesh size 25x25mm made of G.I. wire of 3 mm diameter including strengthening with welding or nuts, bolt & washers etc. complete. It shall have ISA 50x50x5mm angle iron post at a spacing 2.5 m center to center of height 2m above ground level embedded in M20 cement concrete 30x30 cm pillar minimum 75cm below ground level. Every 7th post & corners shall be strutted with similar specification angle iron & grouting. The top & bottom of chain link as well as on angle a 25x3mm flat secured with either weld or rivets or bolts, to make fencing safer, shall be provided. It shall have angle iron gate of size 3.0m x 1.8m having ISA 50x50x5mm angle iron & 16mm diameter plain M.S. bar including AL drop, holdfast etc. and shall be fixed up in 45x45 cm wide R.C.C. pillars. An additional gate of size 0.6mx1.5m shall also be provided within the same gate, to avoid opening of bigger gate all the time & it shall be made of IS 40x40x5mm angle iron with AL drop, etc. The CW sump cum pump houses and GLBR/ MBR/ BPT will have 2m high boundary wall with ‘Y’ shape angle iron with 2*3 rows of wire bed, wire fencing at top of boundary wall and gate, one room set of area 25sqm size with W.C. & bathroom, automation system and electrification with area lighting, etc. complete. The size of fencing or boundary wall shall be 20x20m including gate for these structures & if it increases or decreases then accordingly variation shall be paid or deducted as per UADD ISOR w.e.f. 1st May 2012 (with up to date amendments). One room set of minimum area 25 sqm size with W.C. & bathroom and housing of automation system and solar/ single phase electrification with area lighting, landscaping, plantation, etc. complete. The approach road for the MBR, OHSR, etc. shall be of approx. 30 m for each location. Any alteration to the total length of approach roads considering all structures shall be paid or deducted as per the MPPWD SOR w.e.f. 29th August 2017 (with up to date amendments). The length of the approach road shall be finalized by the Engineer-in- Charge.
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No. Main Works Distribution network for length and diameter as indicated below comprising of HDPE, PE100 PN6 (minimum) pipelines including bulk water meters for every village, valves, specials, other allied works, etc. complete a. 63 mm dia. minimum 6 kg/cm2 pressure - 113858 meter b. 75 mm dia. minimum 6 kg/cm2 pressure - 82154 meter c. 90 mm dia. minimum 6 kg/cm2 pressure - 1370184 meter d. 110 mm dia. minimum 6 kg/cm2 pressure - 153170 meter e. 125 mm dia. minimum 6 kg/cm2 pressure - 184611 meter f. 140 mm dia. minimum 6 kg/cm2 pressure - 124916 meter 7 g. 160 mm dia. minimum 6 kg/cm2 pressure - 132322 meter h. 180 mm dia. minimum 6 kg/cm2 pressure - 49573 meter i. 200 mm dia. minimum 6 kg/cm2 pressure - 16459 meter j. 225 mm dia. minimum 6 kg/cm2 pressure - 3711 meter k. 250 mm dia. minimum 6 kg/cm2 pressure - 3284 meter l. 280 mm dia. minimum 6 kg/cm2 pressure - 76 meter Sub Total - 22,34,318 meter HDPE & DI Pipe line including valves, sluice valves, air valves, scour valves, bulk water meters for all villages, with protection chambers, thrust block, specials & accessories, etc. complete including road restoration. (a) Pumping equipment including suitable motors, protection equipment for following - Providing and installation of 6 nos. suitable energy efficient deep well vertical turbine pumps for raw water at intake well cum pump house including automation as under: (i) 6 no. pumps (4W + 2S) of 17,823 lpm discharge each and approx. 125 m head The pumps given above are inclusive of standby pumps (50% standby) (b) Pumping equipment including suitable motors, protection equipment for following - Providing and installation of suitable energy efficient centrifugal pumps for clear water at CW sump cum pump houses including automation as under: (I) For CW Sump of 4800 KL at WTP at Village Satanwada Kelan 8 (i) 6 nos. pumps (4W + 2S) of 16,967 lpm discharge each and approx. 179 m head (II) For CW Sump of 1000 KL at Panchawali (i) 6 nos. pumps (4W + 2S) of 4,632 lpm discharge each and approx. 149 m head The pumps given above are inclusive of standby pumps (50% standby) (III) Online Booster Pumps i) OHBR 2 online booster 21.62 lps, head 50 m ii) OHBR 3 online booster 31.70 lps, head 70 m iii) OHBR 3 online booster 18.94 lps, head 23 m iv) OHBR 4 online booster 15.73 lps, head 35 m v) OHBR 4 online booster 33.32 lps, head 40 m Provision for a total of approx. 4.0 km long dedicated 33KV/ 11 KV power supply from nearby Substation to WTP, Intake well cum pump house including erection of suitable capacity transformers at Intake, WTP and IPS inclusive of all allied works complete. Provision for power connection (High Tension Line i.e. 132/33/11 KVA as a separate 9 feeder to ensure sustainable power supply, suitable transformers as per requirement of running of the pumps with Outdoor Type Substation). i) Intake well - 3150 KVA, and ii) Water treatment plant site - 5000 KVA iii) For IPS-1 - 1600 KVA
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No. Main Works Supply, installing, testing and commissioning of transformers at the required locations with transformer yards complete in all respects as per specifications: Provision of stretching suitable capacity electric line and taking connection for CWS cum pump houses. Any other work necessary to cater the power supply demand of the project (as variation). The work includes construction of substations and stretching of power lines and internal and external electrification etc. complete at all components. 100 % standby transformers to be provided at all locations. Design, Supply, Delivery, Erection, Testing, & Commissioning of Automation 10 Components for Monitoring & Maintenance with GPRS Communication with all necessary accessories (SCADA) 11 House Service Connection - 1,98,426 Nos. (up to end of O&M period) Construction of Staff Quarter / Office Building: i. Office Building/Admin block - 01 No. in WTP campus - 225 sqm. ii. Store Building - 01 No. – 75 sqm 12 iii. G-type staff quarter with minimum plinth area 65.0 Sqm each - 08 Nos. iv. H-type staff quarter with minimum plinth area 46.5 Sqm each - 08 Nos. v. I-type staff quarter with minimum plinth area 32.5 Sqm each - 16 Nos. vi. Office Building of 400 sqm at place directed by MPJN Operation & Maintenance of the Whole Scheme for first year The Operation and Maintenance cost for the first year, in terms of percentage of contract Amount is given in Annexure H. For every subsequent year, the first-year percentage rates will be increased / decreased according to the percentage change in consumer price index issued by Labour Bureau, GOI (All Industrial Worker) for that period. The index on the date of completion of trial run period will be treated as base for calculation of percentage point increase/decrease in O&M cost of next year. Payment of O&M will be made quarterly. Note: a. The operation & maintenance period is 10 years from the date of completion of three months of trial run after successful commissioning of the project. 13 b. The cost of energy charges (excluding penalties) shall be paid by MPJN on reimbursement basis. c. Energy Requirement: The estimation for yearly consumption of energy is 4,66,78,082 kwH (Unit) for design period. The estimate will be finalized based on the equipment installed as per the approved design. For intermediate years, payment will be made on pro rata / calculation basis. d. If due to any reasons, whatsoever it is desired to supply water in some of the villages before final commissioning and trial run, then the pro-rata rates derived from the Annexure H shall be applicable for the part payment on the basis of duration and quantity supplied, but the date of commissioning of whole work shall be applicable from the dates as stipulated in this contract.
Note: These are tentative details, actual works on field may vary.
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Annexure 2
Table 1: Consultants Team Composition and Staffing Schedule
No Position Numbers Duration A Head Office 1. Team Leader 1 39 months 2. Deputy Team Leader / Construction Manager 1 39 months 3. Water Supply Expert 1 39 months 4. Manager – Community Mobilization 1 39 months 5. Billing Assistant 1 39 months 6. Computer Operator 2 39 months 7. Office Manager 1 39 months 8. Office Boy 1 39 months B Resident Engineer Office 9. Resident Engineer 3 39 months 10. Assistant Engineer (Civil) 6 39 months 11. Assistant Engineer (E&M) 3 6 months 12. Field Engineer (Civil) 12 39 months 13. Field Engineer (E&M) 3 6 months 14. Quality Control Engineer 3 39 months 15. Assistant Manager – Community Mobilization 3 39 months 16. Computer Operator 3 39 months 17. Office Boy 3 39 months
Table 2: Office Location*
No. Name of the office Quantity Duration (months) 1 Team Leader 1 39 2 Resident Engineer-1 1 39 3 Resident Engineer-2 1 39 4 Resident Engineer-3 1 39
* Office location can be anywhere within the scheme area and will be specified prior to deployment.
Table 3: Transport / Vehicle
Total Duration No. Name of office Type of Vehicle Quantity (months) 1 TL Office Jeep 2 78 2 RE Office-1 Jeep 3 117
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Total Duration No. Name of office Type of Vehicle Quantity (months) 3 RE Office-2 Jeep 3 117 4 RE Office-3 Jeep 3 117 5 RE Office-1 Motorcycle 7 240 6 RE Office-2 Motorcycle 7 240 7 RE Office-3 Motorcycle 7 240 Note: 1. Office location of Team Leader / Resident Engineer may be changed by GM, PIU. 2. At Team Leader office vehicle should be hard top Jeep, Bolero, Scorpio, TUV 300 or equivalent. Deputy Team Leader & Water Supply Expert should use motorcycle. 3. It is essential to have own mobile by each staff mentioned and payable as per following provision: Maximum Rs. 1,000 for Team Leader and Rs. 500/- for remaining Key Experts or actual whichever is less is reimbursed to firm in monthly bill. 4. CV of the personnel excluding the Key Experts will be approved after interview by General Manager of the respective PIU. 5. Tour program should be submitted for each month by Key Experts and not more than 10% deviation will be allowed from submitted tour program. 6. If required, Client may instruct Consultant to undertake Supervision and Quality Control (SQC) for additional schemes. 7. Manpower / deployment (man-months) of Consultant may be increased / decreased as per requirement of MPJN. 8. Deployment should be done as per requirement of MPJN. GM PIU will intimate in writing to Consultant. Consultant should deploy personnel within a month compulsorily. 9. Maximum working age shall be 60 years. Person completing age of 60 years will be demobilized or deemed to be demobilized on the same day. 10. For the post of Assistant Engineer (Civil / E&M), Retired Assistant Engineers from government service may be considered for the position, subject to approval of the Client. 11. For the post of Field Engineer (Civil / E&M), Degree holder Engineers with less than the minimum required experience may be allowed up to 25% of total number of posts. Remuneration for these Field Engineers shall be paid at the rate of 75% of rate quoted by the Consultants for Field Engineers. After these Field Engineers meet the minimum experience requirement, they shall be paid at the rate quoted by the Consultants for Field Engineers. 12. All the personnel of the Consultant deployed at RE Office / undertaking site visit shall have a uniform dress code, as proposed by the Consultant and approved by the Client.
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RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
Section VI: Form of Contract
Form of Contract: TIME-BASED
This CONTRACT (hereinafter called the “Contract”) is made the [day] 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”).
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: (i) This Form of Contract; (ii) The Special Conditions of Contract (SCC); (iii) The General Conditions of Contract (GCC); (iv) The following Appendices: Appendix A : Description of Services Appendix B : Consultant Personnel Appendix C : Financial Proposal Appendix D : Form of Performance Security Appendix E : Acknowledgment of Compliance In the event of any ambiguity or conflict between the documents listed above, the order of precedence shall be the order in which the documents are listed in this Clause 1.
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
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(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.
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 Name of a Joint Venture]
[Authorized Representative of the Consultant – name and signature]
For a JV, only the lead member shall sign, 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 JV]
[Name of the lead member]
[Authorized Representative on behalf of a JV]
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Section VII: General Conditions of Contract (GCC)
Table of Clauses
1. GENERAL PROVISIONS ...... 74
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ...... 76
3. OBLIGATIONS OFTHE CONSULTANT ...... 81
4. CONSULTANT’S EXPERTS ...... 85
5. OBLIGATIONS OF THE CLIENT ...... 86
6. PAYMENTS TO THE CONSULTANT ...... 87
7. FAIRNESS AND GOOD FAITH ...... 89
8. SETTLEMENT OF DISPUTES ...... 89
9. JURISDICTION ...... 90
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1. GENERAL PROVISIONS 1.1. Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
a) “Applicable Law” means the laws and any other instruments having the force of law in India, as they may be issued and in force from time to time. b) “Base Date” means the date 28 days prior to the latest date for submission of the Proposal. c) “Client” means Madhya Pradesh Jal Nigam. d) “Consultant” means the firm or a JV, named as Consultant in the SCC. e) “Contract” means the legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in paragraph 1 of the Form of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices). f) “Contract Price” means the amount stated in Clause SCC 6.1(a). g) “Currency” means Indian National Rupee. h) “day” means calendar day unless indicated otherwise. i) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GCC 2.1. j) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other professional personnel of the Consultant assigned by the Consultant to perform the Services or any part thereof under the Contract. k) “GCC” means these General Conditions of Contract. l) “Government” means the Government of Madhya Pradesh or Government of India, as the case may be. m) “Joint Venture” or “JV” means any combination of two or more firms in the form of a joint venture, consortium, association or other unincorporated grouping. A Joint Venture may or may not have the legal personality distinct from its members. n) “Key Expert(s)” means an individual professional assigned by the Consultant to perform the Services or any part thereof under the Contract, whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract. o) “Non-Key Expert(s)” means an individual professional assigned by the Consultant to perform the Services or any part thereof under the Contract. p) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them. q) “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented. r) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A. s) “Third Party” means any person or entity other than the Client or the Consultant.
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1.2. Relationship between the Parties Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the Client and the Consultant. The Consultant, subject to this Contract, has complete charge of Experts, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
1.3. Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
1.4. Language This Contract shall be 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.
1.5. Headings The headings shall not limit, alter or affect the meaning of this Contract.
1.6. Communications 1.6.1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in the SCC. Any such communication 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. 1.6.2. 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.
1.7. Location The Services shall be performed at such locations as are specified in Appendix A and, where the location of a particular task is not so specified, at such locations, as the Client may approve.
1.8. Authority of Lead Member If the Consultant is a JV: a) the members of the JV are jointly and severally liable to the Client for the performance of the Contract. b) the members shall hereby authorize the lead member specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including, but not limited to, the receiving of instructions and payments from the Client.
1.9. Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the representatives specified in the SCC.
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1.10. Corrupt and Fraudulent Practices If the Client determines, based on reasonable evidence, that the Consultant has engaged in corrupt or fraudulent practices, in competing for or in executing the Contract, then the Client may, after giving 14 days’ notice to the Consultant, terminate the Contract and the provisions of Clause GCC 2.9 shall apply as if such termination had been made under Clause GCC 2.9.1 Should any Expert of the Consultant be determined, based on reasonable evidence, to have engaged in corrupt or fraudulent practice during the execution of the work then that Expert shall be immediately removed and replaced by a suitable Expert in accordance with Clauses GCC 4.4 and 4.5. The Consultant is required to comply with Client's policy in regard to corrupt and fraudulent practices as declared in Appendix E.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 2.1. Effectiveness of Contract With respect to the effectiveness of the Contract, the following shall apply: a) This Contract shall come into force and effect on the date (the “Effective Date”) when this Contract has been signed by the Parties.
2.2. Termination of Contract for Failure to become effective If this Contract has not become effective within four (4) months after the date of the Contract signed by the Parties, the Consultant or the Client may, by not less than twenty-one (21) days written notice 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.
2.3. Commencement of Services With respect to the commencement of the Services, the following shall apply: a) Subject to Clause GCC 6.5(a), the Consultant shall commence carrying out the Services not later than fourteen (14) days from the Effective Date, or as instructed by Client. b) The Consultant shall confirm in writing the date of commencement of the Services before starting to deliver the Services. c) In the absence of such confirmation, the Consultant is deemed to have commenced the services on the last day of the above period of fourteen (14) days.
2.4. Expiration of Contract 2.4.1. Unless terminated earlier pursuant to Clause GCC 2.9, this Contract shall expire at the end of such time period, as specified in the SCC, after the commencement of the Services specified in Clause GCC 2.3. 2.4.2. The Contract can be extended by further period, as specified in the SCC, based on performance of Consultant and mutual consent. The decision of Managing Director, Madhya Pradesh Jal Nigam regarding any extensions shall be final.
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2.5. Entire Agreement 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.
2.6. Modifications 2.6.1. Modifications or Variations a) Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.
2.6.2. Extension If the Consultant has been delayed or impeded in the performance of any of its obligations under this Contract by any of the reasons specified in paragraphs (a) through (f) of this Clause GCC 2.6.2, the contract term as set forth in Clause GCC 2.4 shall be extended by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Consultant, and an appropriate adjustment in the Contract Price shall be made accordingly. a) Any modifications or variations pursuant to Clause GCC 2.6.1; b) Any occurrence of Force Majeure pursuant to Clause GCC 2.7; c) Any suspension by the Client pursuant to Clause GCC 2.8.1(c); d) Any unreasonable delay by the Client in giving his decision, approval or consent (where required) to the documents (e.g. reports, plans, etc.) prepared and submitted by the Consultant; e) Any act or omission of or any default or breach of this Contract by the Client or any act or omission of any other consultants and/or contractors employed by the Client; or f) Any other matter mentioned in this Contract as giving rise to an entitlement to an extension of the contract term.
2.6.3. Consultant’s Claims a) Except where otherwise provided elsewhere in this Contract, the Consultant shall submit to the Client a notice of a claim for an extension of the contract term and/or adjustment in the Contract Price, together with particulars of the event or circumstance justifying such extension and adjustment, as soon as reasonably practicable after the occurrence of such event or circumstance. As soon as reasonably practicable after the receipt of such notice and supporting particulars of the claim, the Client and the Consultant shall agree upon the extended period and/or the adjusted Contract Price. b) The Consultant shall at all times use all commercially reasonable endeavours to minimize any delay in the performance of its obligations under this Contract. c) Disagreement between the Parties as to any modification or variation, and extension shall be settled according to Clause GCC 8.
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2.7. Force Majeure 2.7.1. Definition a) 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 which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, terrorism, 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. b) 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 both to take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
2.7.2. No Breach of Contract The failure of a Party to fulfil any of its obligations hereunder 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.
2.7.3. Measures to be Taken a) A Party affected by an event of Force Majeure shall continue to 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. b) 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) 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. c) 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. d) 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: (i) 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
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(ii) continue 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. e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GCC 8.
2.8. Suspension 2.8.1. Suspension by Client a) The Client may, by written notice of suspension to the Consultant, suspend, in whole or part, the Services and such suspension continues until the Client gives a written permission or instruction to proceed. b) The Client may suspend, in whole or part, the Services if an event shall have happened and be continuing, in which 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 shall: (i) specify the nature of the failure, and (ii) request the Consultant to remedy such failure within a period not exceeding twenty- eight (28) days after receipt by the Consultant of such notice of suspension. c) If the Project or the Services are suspended by the Client for any reason other than those provided in Clause GCC 2.8.1(b) more than twenty-eight (28) days, over the term of this Contract, the Consultant shall be paid for all services performed prior to the receipt of a notice of suspension. d) During any suspension of the Services under Clause GCC 2.8.1 (c), the Consultant shall be compensated for any costs of maintaining fixed assets, the costs of leases or other items acquired for the Project, as well as all expenses reasonably incurred by, including but not limited to, temporary demobilization, reassignment of the Experts. In addition, upon resumption of the Services, the Client shall compensate the Consultant for expenses incurred as a result of the resumption of its services, and the Consultant's schedules (Expert and other relevant schedules) shall be appropriately adjusted.
2.9. Termination This Contract may be terminated by either Party as per provisions set up below:
2.9.1. Termination by Client 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 GCC 2.9.1. In such an occurrence the Client shall give at least twenty-eight (28) days’ written notice of termination to the Consultant in case of the events referred to in (a) through (e); and at least fifty-six (56) days’ written notice in case of the event referred to in (f): 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 2.8.1(b);
Page | 79 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS 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 8; d) If, as the result of Force Majeure, either Party is unable to fulfil its contractual obligations for a period of not less than fifty-six (56) days; e) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC 2.3 (b); and f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
2.9.2. Termination by Consultant The Consultant may terminate this Contract, by not less than twenty- eight (28) days’ written notice to the Client, such notice to be given if any of the events specified in paragraphs (a) through (f) of this Clause GCC 2.9.2 occurs:
a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GCC 8 within forty-two (42) days after receiving written notice from the Consultant that such payment is overdue; b) If, as the result of Force Majeure, either Party is unable to fulfil its contractual obligations for a period of not less than fifty-six (56) days; c) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GCC 8; d) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-two (42) 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; e) If the Services are suspended pursuant to Clause GCC 2.8.1(c) for more than eighty- four (84) days; and f) If the Client becomes bankrupt or insolvent, goes into liquidation, has a receiving or administration order made against him, compounds with his creditors, or carries on business under a receiver trustee or manager for the benefit of his creditors, or if any act is done or event occurs which (under applicable Laws) has a similar effect to any of these acts or events.
2.9.3. Cessation of Rights and Obligations Upon termination of this Contract pursuant to Clauses GCC 2.2 or GCC 2.9, or upon expiration of this Contract pursuant to Clause GCC 2.4, 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 3.4, (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and
Page | 80 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS records set forth in Clause GCC 3.7, and (iv) any right which a Party may have under the Applicable Law.
2.9.4. Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GCC 2.9.1or GCC 2.9.2, 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 expenses for this purpose to a minimum. With respect to equipment, vehicles and materials provided by the Client, the Consultant shall proceed as provided by Clause GCC 3.10.
2.9.5. Payment upon Termination Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or GCC 2.9.2, the Client shall make the following payments to the Consultant:
a) payments pursuant to Clause GCC 6.2 for Services satisfactorily performed prior to the effective date of termination; and b) in the case of termination pursuant to paragraphs (d) and (f) of Clause GCC 2.9.1 and to GCC 2.9.2, reimbursement of any reasonable cost incidental to the prompt and orderly termination of this Contract including demobilization, associated overhead cost, the cost of the return travel of the Experts and their eligible dependents, and all other expenses, damages and losses resulting from the termination.
2.9.6. Disputes about Events of Termination If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GCC 2.9.1 or in Clause GCC 2.9.2 has occurred, such Party may, within forty-two (42) days after receipt of notice of termination from the other Party, refer the matter for dispute settlement in accordance with the procedures stated in Clause GCC 8, and this Contract shall not be terminated on account of such event unless otherwise settled in accordance with GCC 8.
3. OBLIGATIONS OFTHE CONSULTANT 3.1. General 3.1.1. Standard of Performance a) The Consultant shall perform the Services and carry out the 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 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. b) The Consultant shall employ and provide such qualified and experienced Experts as are required to carry out the Services. c) The Consultant shall retain full responsibility for the Services.
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3.1.2. Law Applicable to Services The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that all of its Experts comply with the Applicable Law.
3.2. Conflict of Interest The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests. 3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc. a) The payment to the Consultant pursuant to Clause GCC 6 shall constitute the Consultant’s only payment in connection with this Contract and, subject to Clause GCC 3.2.2, the 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 the Experts and agents of either of them, similarly shall not receive any such additional payment. b) 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 Consultant shall at all times exercise such responsibility in the best interest of the Client. 3.2.2. Consultant, and Affiliates Not to Engage in Certain Activities The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant shall be disqualified from providing goods, works or services or non-consulting services resulting from or directly related to the Services for the preparation or implementation of the Project. 3.2.3. Prohibition of Conflicting Activities The Consultant shall not engage and shall cause its Experts not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract. 3.2.4. Strict Duty to Disclose Conflicting Activities The Consultant has an obligation and shall ensure that its Experts shall have an obligation to disclose any situation of actual or potential conflict that impacts 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 termination of the Contract. 3.3. Confidentiality 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.
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3.4. Liability of the Consultant a) The Consultant shall be responsible for and shall indemnify the Client in respect of loss of or damage to equipment and materials furnished by the Client or purchased by the Consultant in whole or in part with funds provided by the Client. b) The Consultant undertakes full responsibility in respect of life, health, and accidents for the Experts and for the dependents of any such Expert. c) The Consultant shall indemnify the Client from and against any and all claims, liabilities, obligations, losses, damages, penalties, actions, judgment, suits, proceedings, demands, costs, expenses and disbursements of whatsoever nature that may be imposed on, incurred by or asserted against the Client during or in connection with the Services by reason of: (i) infringement or alleged infringement by the Consultant of any patent or other protected right; or (ii) plagiarism or alleged plagiarism by the Consultant. d) The Consultant shall ensure that all goods and services (including without limitation all computer hardware, software and systems) procured by the Consultant or used by the Consultant in the carrying out of the Services do not violate or infringe any industrial property or intellectual property right or claim of any Third Party. e) The Consultant shall indemnify, protect and defend at their own expense the Client, and its agents and employees from and against any and all actions, claims, losses or damages arising out of Consultant’s failure to exercise the skill and care required under Clause GCC 3.1.1 provided, however: (i) that the Consultant is notified of such actions, claims, losses or damages not later than twelve (12) months after the expiration of the Contract pursuant to the Clause GCC 2.4 or termination of the Contract pursuant to the Clause GCC 2.9; (ii) that the ceiling on Consultant’s liability shall be limited to the amount indicated in the SCC, except that such ceiling shall not apply to actions, claims, losses or damages caused by Consultant’s gross negligence or reckless conduct; (iii)that Consultant’s liability under Clause GCC 3.1.1 shall be limited to actions, claims, losses or damages directly caused by such failure to exercise the said skill and care, and shall not include liability for any actions, claims, losses or damages arising out of occurrences incidental or indirectly consequential to such failure. f) Upon request of the Client, the Consultant shall, at its own cost and expense, re-perform the Services in the event of Consultant’s failure to exercise the skill and care required under Clause GCC 3.1.1. g) Notwithstanding the provisions of paragraph (a) of this Clause GCC 3.4, the Consultant shall have no liability whatsoever for actions, claims, losses or damages occasioned by: (i) the Client’s overriding a decision or recommendation of the Consultant or requiring the Consultant to implement a decision or recommendation with which the Consultant does not agree; or (ii) the improper execution of the Consultant’s instructions by agents, employees or independent contractors of the Client.
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3.5. Insurance to be Taken Out by the Consultant The Consultant (i) shall take out and maintain at its own cost, insurance 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 2.3.
3.6. Accounting, Inspection and Auditing The Consultant (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time changes and costs, and the bases thereof, and (ii) shall periodically permit the Client or its designated representative, and up to five years from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client, if so required by the Client as the case may be. 3.7. Reporting 3.7.1. Reporting Obligations The Consultant shall submit to the Client the reports and documents specified in Appendix A, in the form, in the numbers and within the time periods set forth in the said Appendix.
3.7.2. Serious Hindrances The Consultant shall report to the Client promptly the occurrence of any event or condition which might delay or prevent completion of any significant part of the Project in accordance with the schedules and to indicate what steps shall be taken to meet the situation.
3.7.3. Accident Reports Should any accident in relation to construction safety occur during the implementation of the Project, the Consultant shall assist the Client in preparing and submitting a report on such an accident in a form reasonably requested by the Client.
3.8. Property of the Reports and Records The Client retains the design rights and other intellectual property rights and copyrights of all documents prepared by the Consultant under this Contract.
3.9. Equipment, Vehicles and Materials Furnished by the Client Any equipment, vehicles and materials made available to the Consultant by the Client or purchased by the Consultant wholly 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 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.
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3.10. Equipment and Materials Provided by the Consultant Any equipment or materials brought into the Client’s country by the Consultant or its Experts and used either for the Project or personal use shall remain the property of the Consultant or the Experts concerned, as applicable.
4. CONSULTANT’S EXPERTS 4.1. Description of Experts a) The title, agreed job description and qualification of each of the Consultant’s Experts are described in Consultant’s Proposal. Subject to Clause GC 4.4, all experts included in Consultant’s Proposal shall be deemed to be accepted by the Client when awarding the Contract to the Consultant. b) Consultant shall ensure the all the personnel deployed by it including Key Experts meet the qualification and eligibility requirements specified in Appendix B.
4.2. Replacement of Key Experts a) Except as the Client may otherwise agree in writing, no changes shall be made in the Key Experts. b) Notwithstanding the above, the substitution of Key Experts during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience and such replacement shall be subject to the Client’s approval and the procedure set forth in GCC Clause 4.3(a) shall apply for such approval process.
4.3. Approval of Additional Expert a) If during execution of the Contract, additional Experts are required to carry out the Services, the Consultant shall submit to the Client for review and approval a copy of the Curriculum Vitae (CVs) of the proposed Expert. Such additional Experts shall be deployed after approval by the Client.
4.4. Removal of Experts a) If the Client finds that any of the Experts has committed serious misconduct or has been charged with having committed a criminal action, the Consultant shall, at the Client’s written request specifying the grounds, provide a suitable replacement. b) In the event that any of the Experts is found by the Client to be incompetent or incapable in discharging assigned duties, the Consultant shall, at the Client’s written request specifying the grounds, provide a suitable replacement. c) Any replacement of the removed Experts shall possess equivalent or better qualifications and experience and shall be acceptable to the Client.
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4.5. Replacement/ Removal of Experts Except as the Client may otherwise agree: a) the Consultant shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement.
4.6. Working Hours & Leaves 4.6.1. Working Hours Working hours and holidays for Consultants’ team are stated in the SCC.
4.6.2. Leaves a) The Experts / Consultant personnel shall be entitled to take paid leaves (whether sick or vacation), if so specifically provided in the Contract. b) Any taking of leave by Key Experts / Consultant personnel shall be subject to the prior approval by the Consultant who shall ensure that absence for leave purposes will not delay the progress and/or impact adequate supervision of the Services.
4.7. Deployment of Staff at Client Head Office The Consultant shall deploy staff with qualification and experience as specified in Appendix A & Appendix B to the Client office as instructed by the Client.
4.8. Outstation Travel Key Experts in Consultant team shall undertake outstation (outside project area) travel as required with prior approval of client.
5. OBLIGATIONS OF THE CLIENT 5.1. Access to Project Site The Client warrants that the Consultant shall have, free of charge, unimpeded access to the project site(s) 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(s) 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 any of its Experts. 5.2. Change in the Applicable Law If, after the Base Date, there is any change in the Applicable Law, including the law with respect to taxes and duties, which increases or decreases the cost incurred by the Consultant in performing the Services, then the payments to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the Contract Price specified in Clause GCC 6.1(a). If the Consultant has been delayed or impeded in the performance of any of its obligations under the Contract because of any change in the Applicable Law, the contract term shall be extended in accordance with the Clause GCC 2.6.2.
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5.3. Services, Facilities and Property of the Client a) The Client shall make available to the Consultant and the Experts, for the purposes of the Services and free of any charge, the services, facilities and property described in Appendix A at the times and in the manner specified in said Appendix A. b) 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 by the Client to the Consultant as a result thereof pursuant to Clause GCC 6.1(b).
5.4. Office Space Provided by Client a) The Client may make available to the Consultant office space for the purposes of the Services. b) In case the Client provides office space, the entire Consultant team including all the Key Experts shall be stationed at such office space. c) In case the Client provides office space, the payment for the component of Office Rent as quoted in the Financial Proposal of the Consultant will not be made by the Client. d) If office space is not provided by the Client, the component of Office Rent as quoted in the Financial Proposal of the Consultant will be made by the Client in such manner as is provided by Clause GCC 6 below.
5.5. Payment Obligation a) In consideration of the Services performed by the Consultant under this Contract, the Client shall make such payments to the Consultant and in such manner as is provided by Clause GCC 6 below.
6. PAYMENTS TO THE CONSULTANT 6.1. Contract Price a) The Contract Price shall be as set forth in the SCC. b) The amounts payable to the Consultant shall be subject to adjustments in accordance with the Contract and any further adjustment can be made only by an amendment to the Contract agreed and signed by both Parties.
6.2. Payments a) All payments shall be based on the approved Financial Proposal of the Consultant. b) The payment will be made on a monthly basis on submission of invoice in the formats to be provided by Client, subject to adjustments and escalation as set forth in SCC. c) The payments shall be deemed to cover all the costs that may be incurred by the Consultant in providing the Services to the Client, including but not limited to the following: (i) such salaries and allowances as the Consultant shall have agreed to pay to the Experts as well as factors for social charges and overheads, (ii) the cost of backstopping by home office staff not included in the Experts’ list; and
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(iii) the Consultant’s fee. d) Consultant shall deploy staff with the prescribed qualification & experience and pay them minimum remuneration (including all allowances) as specified in SCC. Consultant shall submit proof of payment (bank statement) periodically as specified in SCC. In case the Consultant does not pay the minimum remuneration as specified in SCC, the Client may impose penalty as specified in SCC.
6.3. Duties, Taxes and Levies a) The Consultant and Experts are responsible for meeting all liabilities with respect of duties, taxes and levies arising out of the Contract except GST (if applicable) which will be paid separately on prevailing rates.
6.4. Currency of Payment Any payment under this Contract shall be made in Indian National Rupee.
6.5. Terms and Conditions of Payment Billings and payments in respect of the Services shall be made as follows: a) As soon as practicable and not later than fourteen (14) days after the end of each calendar month during the period of the Services, the Consultant shall submit to the Client, in duplicate, itemized invoices, accompanied by the receipts or other appropriate supporting documents, of the amounts payable pursuant to Clauses GCC 6.4 and GCC 6.5 for such interval. b) The Client shall pay the Consultant’s invoices within fifty-six (56) 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 Client shall pay the Consultant’s final invoices within fifty-six (56) days after the approval by the Client to the final report and the final invoice submitted by the Consultant. The Services shall be deemed completed and finally accepted by the Client and the final report and final invoice shall be deemed approved by the Client as satisfactory eighty-four (84) days after receipt of the final report and final invoice by the Client unless the Client, within such eighty-four (84) day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report or final invoice. The Consultant shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. Any amount that the Client has paid or caused to be paid in accordance with this Clause GCC 6.5(d) in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultant to the Client within twenty-eight (28) 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 the approval by the Client to the final report and the final invoice in accordance with the above.
Page | 88 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS 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.
6.6. Performance Security and Liquidated Damages a) For the purposes of this Contract, Consultant shall submit performance security (the “Performance Security”) as specified in SCC for the entire duration of Contract plus three months. The Performance Security may be submitted in the form of Fixed Deposit Receipt (FDR) or Bank Guarantee from scheduled bank (excluding co-operative banks) having operational branch in Bhopal in favour of “Managing Director, Madhya Pradesh Jal Nigam”. In case of Bank Guarantee, the Consultant shall furnish the Bank Guarantee substantially in the form specified at Appendix D of this Contract with a validity period of contract duration plus three months. b) The Consultant shall perform the Services in accordance with the timelines specified in the Appendix A – Description of Services. In case of any delay in Services, liquidated damages as specified in SCC will be applicable. c) 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 Contract or for recovery of any penalty as may be applicable in terms of this Contract. For the avoidance of doubt, the parties hereto expressly agree that in the event of any default requiring the appropriation of any amounts comprising the Performance Security, the Client may make deductions from any subsequent payments due and payable to the Consultant hereunder, as if it is appropriating the Performance Security in accordance with the provisions of this Contract. d) 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. e) The Performance Security shall be returned to the Consultant at the end of 3 (three) month after expiration of Contract in accordance with Clause 2.4.
7. FAIRNESS AND GOOD FAITH 7.1. Good Faith The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
8. SETTLEMENT OF DISPUTES 8.1. Amicable Settlement The Parties shall seek to resolve any dispute amicably by mutual consultation. 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 writing within fourteen (14) days after
Page | 89 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS 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 8.2 shall apply.
8.2. Dispute Resolution Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably according to Clause GCC 8.1 shall be submitted by either Party for settlement proceedings in accordance with the following provisions: a) No dispute can be raised on any forum except before the Competent Authority i.e. Project Director, MPJN in writing giving full description of facts and grounds pertaining to the dispute. It is clarified that merely recording protest while accepting measurement and/or payment shall not be taken as raising a dispute. b) No dispute can be raised after 45 days of its first occurrence. Any dispute raised after expiry of 45 days of its first occurrence shall not be entertained and the Employer shall not be liable for claims arising out of such dispute. It is also made clear that there shall be no provision for condonation of delay if the dispute is raised after 45 days. c) After receiving the dispute, it shall be put up within the MPJN Technical committee for discussion & recommendations to the Competent Authority i.e. Project Director, who shall decide the matter within 45 days. d) Appeal against the order of the Competent Authority i.e. Project Director can be preferred within 30 days to the Appellate Authority i.e. Managing Director of MPJN. The Appellate Authority i.e. Managing Director (MD) of MPJN shall decide the dispute within 45 days. e) Appeal against the order of the Appellate Authority can be referred before the Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. f) The Consultant shall have to continue Services with due diligence notwithstanding pendency of a dispute before any authority or forum.
9. JURISDICTION The Contract has been entered into at Bhopal and its validity, construction, interpretation & legal effects shall be subject to the exclusive jurisdiction of the courts of Madhya Pradesh. No other jurisdiction shall be applicable.
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Section VIII. Special Conditions of Contract (SCC)
GCC Clause No. Amendments of, and Supplements to, GCC Clause
1.1(c) & 1.6 Client’s name and address: 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]
1.1(d) & 1.6 Consultant’s name and address: [insert Consultant’s name, address and telephone number]
1.4 The Contract shall be executed in English.
1.6.1 The language for communication shall be English and Hindi.
1.8 The Lead Member is [insert name of member]
[If the Consultant consists of a JV, then the name of the firm whose address is specified in Clause SCC 1.6 shall be inserted here. If the Consultant consists only of a single firm, then delete the above and state “This Clause SCC 1.8 is not applicable.”]
1.8 The Authorized Representatives are: For the Client : Managing Director For the Consultant :
2.4.1 The time period for the respective staff and office shall be as specified in Annexure 2 of Appendix A.
2.4.2 The time period may be extended on the discretion of MPJN further for 12 months. If required, MPJN may extend the duration of the assignment further on mutual agreement subject to satisfactory performance.
3.4 (e) (ii) The ceiling on Consultant’s liability shall be limited to the product of 1.0 multiplied by the Contract Price.
3.5 The risks and the coverage shall be as follows: I. Third Party motor vehicle liability insurance in respect of motor vehicles operated by the Consultant or its Experts, with a minimum coverage in accordance with the applicable law in India; II. professional liability insurance (PLI), with a minimum coverage of 1.0 multiplied by the Contract Price; PLI shall be taken out by a local insurer in accordance with the laws and regulations of India.
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GCC Clause No. Amendments of, and Supplements to, GCC Clause
III. employer’s liability and workers’ compensation insurance in respect of the Experts of the Consultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Experts, any such life, health, accident, travel or other insurance as may be appropriate; and IV. 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.
4.6.1 1. Working Time 9 am to 6 pm 2. Holidays In a calendar year: I. All Sundays / weekly off II. Three (3) National Holidays (26th January, 15th August and 2nd October) III. Ten (10) other holidays as mutually agreed upon between Consultant and Client 3. Leaves Consultant staff will not be eligible for any leaves except 12 Casual Leaves in a calendar year.
• Normal site working / visit hours will be based on site requirements. • In case the staff goes on leave on medical or other unavoidable reasons then the firm must provide alternative staff for that duration.
6.1 a) The Contract Price is: [insert amount and currency].
6.2 b) I. Payments for remuneration & expenditure made in accordance with Clause GCC 6.2 shall be adjusted as follows: Remuneration & expenditure pursuant to the rates set forth in the Appendix C shall be adjusted every April subject to at least six months of the Contract having elapsed by that time. Yearly increment will be given on base cost on Consumer Price Index (All India industrial worker) for Bhopal issued by labour bureau. March month (Annual CPI of immediately preceding March) is taken as the basis for increment. Changed cost shall be payable from April to March every year. II. Renumeration for partial periods shall be calculated as follows: (1) Remuneration for periods of less than one month shall be calculated on a calendar-day basis (one day being equivalent to 1/30th of a month). (2) Expenditure for period of less than one month shall be calculated on a calendar-day basis (one day being equivalent to 1/30th of a month).
III. The rates for remuneration and expenditure are set forth in Appendix C.
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GCC Clause No. Amendments of, and Supplements to, GCC Clause
6.2 d) I. The amount shall be as specified in the table below. Remuneration No. Position (Rs. / month) 1 Team Leader 1,50,000 2 DTL / Construction Manager 1,27,500 3 Water Supply Expert 1,12,500 4 Manager - Community Mobilization 56,250 5 Resident Engineer 1,12,500 6 Assistant Engineer (Civil) 56,250 7 Asst. Engineer (E&M) 56,250 8 Field Engineer (Civil) 30,000 9 Field Engineer (E&M) 30,000 10 Quality Control Engineer (Lab) 30,000 11 Asst. Manager - Community Mobilization 30,000 12 Billing Assistant 18,750 13 Computer Operator 18,750 14 Office Manager 15,000 15 Office Boy 9,000 II. The time period for submission of bank statements shall be every three (3) months. III. The penalty shall be two times (2x) the shortfall of payment to each personnel with respect to minimum remuneration as specified in table above. E.g.: In case the Consultant pays Rs. 1,25,000/- to a personnel whose minimum remuneration as per table above is Rs. 1,50,000/-, then the deduction will be [2 x (1,50,000 – 1,25,000)], i.e. Rs. 50,000 per month.
6.5 d) The accounts are [insert account].
6.6 a) Performance Security shall be an amount equal to 5% (five percent) of the Contract Value calculated based on approved Financial Proposal of the Consultant.
6.6 b) In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.02% (zero point zero two percent) of the Contract Value per day, subject to a maximum of 10% (ten per cent) of the Contract Value shall be imposed and shall be recovered by appropriation from the Performance Security or otherwise.
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Section IX: Appendices
RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS
Appendix A – Description of Services
[This Appendix will include the final Terms of Reference based on Section V.]
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Appendix B – Consultant Personnel
[Insert a table based on Form TECH-5 of the Consultant’s Technical Proposal as finalized prior to contract signing. Attach the CVs demonstrating the qualifications of Key Experts (Form TECH-6 of the Consultant’s Technical Proposal) updated and signed by the respective Key Experts.
The Section III: Technical Proposal Evaluation Methodology - C. Qualification and Experience Requirement for Team is to be included as an Annexure to Appendix B]
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Appendix C – Financial Proposal
[This Appendix will include the Financial Proposal of the selected Consultant in accordance with the approved BOQ as per Cover 3 of the submission.]
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Appendix D – Form of Performance Security
Bank Guarantee for Performance Security
______[bank’s name and address of issuing branch or office]
Beneficiary: Managing Director Madhya Pradesh Jal Nigam D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
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 [Supervision and Quality Control (SQC) Services for ______Scheme(s) in Madhya Pradesh] (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
Page | 98 RFP for Selection of Supervision & Quality Control (SQC) Consultant for Madikheda MVS 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 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.
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Appendix E – Acknowledgment of Compliance
[The completed Form TECH-7 in Section IV, Technical Proposal Forms is used for this Appendix.]
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