municipal corporation gurgaon terms of …mcg.etenders.in/tpoimages/mcg/tender/tender1121.pdf ·...
TRANSCRIPT
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 1 -
MUNICIPAL CORPORATION GURGAON
Terms of Reference (TOR)
for
Empanelment of Consultants for Development of
various works identified by
Municipal Corporation, Gurgaon
Detailed Tender Notice, Instructions to Tenderers &
Detailed Scope of Work
Tender Notice No. / / / /2013-14
Dated xx - xx - 2013
Municipal Corporation, Gurgaon
Opposite Civil Hospital (General)
Sadar Bazar, Gurgaon, Haryana - 122 001
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 2 -
MUNICIPAL CORPORATION GURGAON
Tender Notice
Date: / /2013
To
___________________
___________________
___________________
___________________
Sub: Proposal for Empanelment of Consultants for Development of various works
identified by Municipal Corporation, Gurgaon
Sir,
Please find enclosed herewith Tender Document for Empanelment of Consultants for
Development of various works identified by Municipal Corporation, Gurgaon
Date of submission of documents is xx/xx/2013 up to 13.00 Hrs.
Thanking you,
Municipal Commissioner
Municipal Corporation, Gurgaon
Encl: Detailed Tender Notice, Instructions to Tenderers &
Detailed Scope of Work
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 3 -
Terms of Reference (TOR) for
Empanelment of Consultants for
Development of various works
identified by Municipal Corporation,
Gurgaon
April – 2013
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 4 -
CONTENTS
Section
No.
Subject Page No.
1 Letter of Invitation
2 Section-1: Instruction to Bidders
3 Section-2: Scope of work & Terms of Reference
4 Section-3: Schedule of Payment
5 Section-4: General Conditions of Contract
6 Section-5: Special Conditions of Contract
7 Form for submission of proposal (Form 1)
8 Appendix-1: Formats of Technical Proposal (Form 2 to 4)
9 Appendix-2: Formats of Financial Proposal (Form 5)
10 Appendix-3: Agreement Form
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 5 -
LETTER OF INVITATION
Tender Notice No. / / / / Dated xx.xx.2013
1. Introduction:
Municipal Corporation of Gurgaon was formed in 2008 keeping in mind the growing
need for a formal civic structure in Gurgaon. As per Haryana Municipal Corporation Act,
1994, the Governor of Haryana declared the constitution of Municipal Corporation of
Gurgaon in June 08’.
New Gurgaon has witnessed sudden boom of population. With the advent of MNCs and
IT companies in large numbers, the city had experience an unplanned growth of
population. Although Haryana Government has projected Gurgaon as a millennium city,
the infrastructure of Gurgaon has serious lacunas. Broken roads, lack of law and order,
inadequate power and water, and absence of public transport are some of the serious
problems facing Gurgaon. General public has to face a number of problems on a day to
day basis and a general common body was required to focus on citizen’s welfare. The role
of MCG is to look after the basic needs of the citizens and work towards the development
of infrastructure for betterment of citizen’s life.
Role of Municipal Corporation of Gurgaon
Municipal Corporation of Gurgaon holds the responsibility of taking care of each and
every aspect of citizen’s welfare. Following is a list of a few important things that MCG
takes care of:
· Construction of New Roads
· Maintaining Old Roads
· Building and Maintaining Parks for Public Utility
· Maintenance of Sewage System
· Proper Drainage System
· Rain Water Harvesting
· Making Provision for Sufficient and Safe Drinking Water
· Providing Adequate Power
Apart from these the MCG also undertakes activities like issuing Birth and Death
certificates, Housing Tax Collection, Garbage Dumping, and so on.
Working of MCG
MCG is a Government body formed by the Haryana State Government. The Corporation
is a legislative body that drafts principals for the governance of the city. The committee is
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 6 -
headed by a commissioner who is the head of the executive wing of the committee. The
Commissioner is responsible for implementing and executing the policies.
MCG has Councilors or representatives from various areas in Gurgaon who will act as a
bridge between the committee and common public. The purpose is to carry overall and
uniform developmental work for the welfare of the citizens. For selecting the councilors,
MCG shall hold elections in every 5 years. Citizens will select a suitable councilor by the
process of voting and that candidate will represent the public in each ward.
Initiatives taken by MCG in last few year
· Construction of Bio Diversity Park to maintain a healthy ecological system
· Inception of Gaushala to provide a shelter to stray cattle
· Renovation of Cremation Ground
· Putting a proper Sewage system in place
· Employing residents to monitor roads
Gurgaon has been divided into 4 zones with 35 wards. Below is a list of areas which falls
under the MCG's ambit.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 7 -
Municipal Corporation, Gurgaon intends to implement projects in various sectors of
Urban Infrastructure, Transportation, Urban Information System, Affordable Housing,
Development of Markets, Road Over Bridges/Under Passes, Heritage conservation,
Recreation, Rain Water Harvesting, Waste Water Recycling etc. with focus on Public
Private Partnership model and to achieve the goal in next three years, intends to prepare a
panel of reputed and experienced consultants in all major categories, who would be
involved to undertake assignments to support the Corporation’s efforts in :-
• Identification of projects
• Project Conceptualization
• Prefeasibility & Feasibility Studies
• Financial analysis and financial structuring of the projects
• Detailed Project Reports (DPR)
• Detailed Engineering, Design and Estimations
• Appraisal of Existing DPR's.
• Environmental Impact Assessment
• Environmental Management Plan
• Resettlement & Rehabilitation Implementation Plan
• Transaction Advisory Services along with Financial & Legal Assistance
• Investment promotion with focus on PPP model.
• Tender Documents and Bid process management
• Project Management Consultant & Supervision
• Technical Audit
• Hand holding in Project execution Project implementation strategy.
• Project implementation including monitoring and evaluation.
• Post implementation support services
• Research and Analysis.
• Creating Public Awareness about the schemes.
• Skill Development and skill up-gradation.
• Survey & Investigation
• Third Party Certification
• GIS Data Management
The expression of interest from reputed and experienced consultants is being invited in
following categories of projects:
1. Urban Infrastructure,
2. Architecture & Engineering Projects,
3. Preparation of DPR for infrastructure Projects like Sewerage, Drainage, Water
Supply, Solid Waste Disposal, Roads, Housing etc.,
4. Project Management Consultancy for PPP Projects
5. Transportation Studies,
6. City Mobility Plan,
7. Urban Transport Projects (MRTS),
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 8 -
8. Preparation of Traffic Management Plans,
9. Legal Services for preparation of contractual documents etc. in PPP projects,
10. Survey and preparation of land acquisition proposals for various
Projects/Roads/Schemes,
11. Identification and Pre-feasibility reports of PPP projects in various towns,
12. Preparation of City Sanitation Plans,
13. GIS mapping and Database,
14. Flyovers / Road Over Bridges/Under Passes,
15. Elevated Corridors,
16. Urban Information System,
17. E-Governance,
18. Affordable Housing,
19. Basic services for Urban poor (BSUP),
20. Integrated Housing and Slum development Project (IHSDP),
21. Master Plans,
22. Urban Infrastructure and Development Scheme of Small and Medium Towns,
23. Development of Markets,
24. Heritage Conservation,
25. Landscape Projects,
26. National Lake Conservation Project
27. Recreation,
28. Rain Water Harvesting,
29. Waste Water Recycling,
30. Master Plans of Urban Area/Towns/Villages,
31. Physical Survey and Demarcation work.
ROLE OF EMPANELLED CONSULTANTS:
Empanelled consultants would be required to provide assistance to MCG in carrying out
their routine capital works and also when required then identify more probable and
suitable projects in various sectors and assist MCG in various aspects to conceptualize,
prepare designs , estimates, approvals, funding (IF required) bid process management and
project supervision, work certification, etc. Empanelled consultants would also be
required for appraisal of existing DPR's of several projects and suggest appropriate
strategy for implementation including identification of funding agencies. It shall be
discretion of the MCG to allot the job / project to any of the empanelled agencies without
stating any reason. The agency / consultant shall have to work on the respective quoted
rates which may not be the lowest of the individual item.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 9 -
2. Eligibility criteria of Consultant for Bidding:
The Consultant should be a legal entity under Indian Companies Act and no joint ventures /
consortium or associations are allowed.
The company should have the following thresholds to be eligible for bidding and issuance of
Bid Documents:
Financial:
I. Minimum annual average turnover of Rs. 20 Crores in the last three financial years of
the Company
II. Should be a profit making company
Technical:
I. The Consultant should have existence for last three years as consultant to Urban Local
Body’s.
II. The consultant must have previous experience in preparation of DPR of at least
five projects under schemes like JnNURM / other similar State / Central Government
Funded Schemes in Metropolitan Region.
III. The firm should have prepared a Details Project Report of in last 10 years including
PMC in Metropolitan Region for following works:
a) Water supply New works & rehabilitation of old works in a single integrated
scheme from water source like dams, rivers, etc., transmission line, WTP.
Distribution line, SCADA on entire water supply system for city level, etc.
b) The consultant should have designed & supervised Underground sewerage
systems in a single city of population 10 lakhs including new works and
augmentation/rehabilitation of existing collection system including house
connections, Pumping system, Sewerage treatment Plant and system of reuse of
recycled water.
c) The consultant should have designed & supervised solid waste management in a
single city of population 10 lakhs including collection, transportation , Scientific
treatment and disposal as per 2000 MSW rules .
d) The consultant should have designed / prepared City Mobility Plan / City
Development Plan (CDP) & supervised transport infrastructure in a single city of
population 10 lakhs including arterial, Sub-arterial and feeder roads with Bridges,
Elevated Roads / Skywalks / FOBs, etc.
e) The consultant must have prepared Detailed Project Report (DPR) along with
obtaining approval and PMC of at least one Project in Water Supply / Sewerage /
Storm Water / Solid Waste / Transportation for funding purpose from JnNURM /
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 10 -
other similar Central Government Funded Schemes in a single city in the same
work order.
f) Should have demonstrated capacity to provide support to the govt. body for
implementing schemes through Public Private Partnership to ULB in sectors of
Water / Transport/ Solid Waste / Markets / Buildings.
g) The consultant must have experience of assisting ULBs in arranging project
finance for Infrastructure projects to the tune of minimum Rs.1000.00 Crores for
infrastructure project value from JnNURM directorate, planning bodies and
government organizations, etc.
IV. The Consultants must have experience in Rejuvenation & Beautification of Lakes
under NLCP, MoEF / Equivalent Schemes in Metropolitan Region.
V. The consultant should have in their name Design Software like WaterGEMS,
SewerCAD, STADDPro, Micro Station, etc. and should have Trained professionals
using these software before the date of publication of this Tender.
The Tender Documents will be issued to the Interested and eligible Firms/Consultants only
after submission and verification of the pre-qualifying documents mentioned in the tender
notice.
The last date of submission of proposals is up to 13.00 hrs till xx.xx.2013.
A pre bid conference will be held on xx.xx.2013 at 15:00 hrs at Commissioners office.
The bids will be opened at 17.00 hrs on xx.xx.2013 if possible in the presence of those
bidders who choose to attend.
The Consultant(s) shall be solely responsible for any cost they may incur for site visit,
transport, faxes, postage and telephones etc. in the process of submission of proposal. The
‘Municipal Commissioner, Municipal Corporation, Gurgaon’ reserves the rights at its
absolute discretion to proceed or not to proceed with the Tendering process. Should they
require any further information they may contact the Municipal Corporation, Gurgaon Office
at the aforesaid address.
Municipal Commissioner
Municipal Corporation, Gurgaon
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 11 -
SECTION 1: INSTRUCTIONS TO BIDDERS
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 12 -
Section 1 Instructions to Bidders
The objective of this Terms of Reference is for Empanelment of Consultants for
Development of various works identified by Municipal Corporation, Gurgaon
1. With the aforesaid broad objectives, the ‘Municipal Corporation, Gurgaon’ invites
proposal from reputed consultants for Empanelment of Consultants for Development
of various works identified by Municipal Corporation, Gurgaon
2. Formats for submission of Proposals and the Terms of Reference (TOR) are enclosed in
Section 2, viz, “Scope of Work and Terms of Reference”.
3. Submission of Proposal
(a) Proposals will be submitted in three separate envelopes, marked as “Envelope 1” and
“Envelope 2”. The contents of these envelopes will be as under:
1) Envelope 1: Covering letter as per FORM 1 enclosing
(i) Receipt of Payment of Rs. 5,000/- (Rupees Five Thousand Only) towards the
non-refundable cost of the Tender Document, by Cash /Demand Draft / Pay
Order from the MCG’s office.
(ii) Original Bid Document
(iii) Technical Proposal
2) Envelope-2: "Financial Proposal".
3) Envelope -3: All the 2 envelopes of the proposal shall be placed in one sealed packet.
The envelopes shall be clearly marked with project title followed by Envelope No.
and title, viz., “Tender Document Fee, Bid Security and Technical Proposal” and
“Financial Proposal”, as applicable for proper identification.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 13 -
TENDER NO.
DUE ON:
Envelope No.:
(Do not open before Due Date)
To,
The Municipal Commissioner
Municipal Corporation, Gurgaon
Opposite Civil Hospital (General)
Sadar Bazar, Gurgaon, Haryana - 122 001
From: (Name & address of Consultant / Lead Partner)
In addition, all the envelopes including the outer sealed packet must be addressed as below:
(a) Place of Receipt of Tender
The Bid/Tender can be submitted at following place:
The Municipal Commissioner
Municipal Corporation, Gurgaon
Opposite Civil Hospital (General)
Sadar Bazar, Gurgaon, Haryana - 122 001
(b) Since the project involves infrastructure project to be planned and executed in short
duration of time, the consultant have at least one member who has experience of
planning and execution supervision of integrated development of city infrastructure
for similar Indian cities and association with a reputed legal firm which has the
necessary expertise and experience in dealing with Agreement for projects on Public
Private Partnership basis.
(c) The proposal should be submitted by a firm individually. No Consortium/Joint
Venture are allowed.
4. Language of Proposals: All information in the Proposals shall be in English. Information
in any other language shall be accompanied by its translation in English. Failure to comply
with this may disqualify the Proposal. In the event of any discrepancy in meaning, the
English Language copy of all documents shall prevail.
5. Local Conditions: It will be imperative on each bidder to fully acquaint themselves of all
local conditions and factors, which may have any effect on the execution of services
covered under this document. It must be understood and agreed that all the factors have
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 14 -
properly been investigated and considered while submitting the proposals. No claim for
financial adjustment will be entertained by ‘MCG’. Please note that the cost of preparing
the proposal, presentation and of negotiating the contract including site visits etc. will not
be reimbursable by the MCG.
6. Price Proposals: The Bidders are required to quote their fees as per Form 5 of Appendix
2.
7. Duties and Taxes: All duties, taxes and other levies as applicable on date of submission
of Tender shall be payable by the Bidders (except service tax and related payments as per
Service Tax Rules 2011 or any other tax substituting Service Tax, and value added tax
whichever tax shall be paid extra as applicable on date and shall be over and above the
bid price) in respect of the transaction between the Bidders and their vendors/sub-
suppliers shall be included in the Proposal’s price and ‘Municipal Corporation’ will
entertain no claim on this behalf. All taxes, duties and levies (except service tax and value
added tax) in respect of the transaction between ‘Municipal Corporation’ and Bidders
shall be included in the price quoted. However, any increase in the statutory tax after
submission of bid shall be on ‘Municipal Corporation’s account and shall be reimbursed
on actual basis wherever there is any increase. Service tax and value added tax is not
included in the bid price quoted by bidder and shall be paid over and above the price
quoted at the rates prevailing on the date of each payment. Any other tax applicable after
submission of tender shall be borne by MCG.
8. Validity: The proposal shall be kept valid for a period of six months from the stipulated
last date for receipt of proposals as mentioned hereafter.
9. Evaluation of Offers: Proposals received and found responsive will be evaluated by
‘Tender Committee’ of ‘Municipal Corporation’. The Bidders should take enough care to
submit all the information sought in this document in the desired formats. The Proposals
are liable to be rejected if information is not provided in the desired formats.
9.1 Technical Proposal - The Technical Proposal shall comprise the following and will be
submitted as per formats (wherever indicated and enclosed in Appendix 1):
I. Details of Organization set up – State whether proprietorship,
partnership, Private Limited or Public Limited viz-a-viz. Registration Certificate
II. Financial status indicating annual turnover indicating annual average turnover of
minimum Rs. 20 Crores in the last three financial years
III. Audited Balance sheet for the past three years i.e. 2009 – 10, 2010 – 11 and 2011 –
12
IV. List of document fulfilling eligibility criteria
V. Details of similar work on hand at present and value of works with experience
certificate from previous clients in the past 10 years
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 15 -
VI. Staff strength of organization and Curriculum vitae of Key personnel’s. (as per
Annexure 1)
10. Evaluation: The proposals, in general, shall be evaluated on the following basis:
(a) Technical Proposal: The technical strength of the consultant is evaluated after
combining the marks scored as per the Evaluation Criteria (See Annexure 2 of Section
2). The minimum qualifying score in each part would be 75% and overall minimum
qualifying score shall be 80%. The combined score will be treated as marks achieved
under Technical proposal.
(b) Financial Proposal: The Bidders who secure more than or equal to 80% marks in
the technical proposal shall only qualify for consideration of opening of financial
proposal. Financial Proposals of all qualifying Bidders will be opened.
MCG will evaluate the bids applying the evaluation criteria, sub-criteria and marks
system specified above. Each proposal will be given a technical score. Only those
consultants whose technical proposal total score is 80 or above shall be qualified and
shall be considered for the next stage of evaluation. The financial proposal of
disqualified consultants shall be returned unopened. MCG shall simultaneously notify
the consultants that have secured the minimum qualifying mark, indicating the date
and time set for opening the Financial bids.
The Bidders will quote their fees as per the Price Proposals provided in the formats
shown in Appendix 2. Significant lack of clarity on cost of any item as called for
above could lead to the Proposals being rejected, if it hinders a uniform evaluation
process, even if the Proposals meets all other Bidders and technical criteria.
11. Award of Contract:
Notification on empanelment to the Consultant will be made in writing to the qualified
bidder(s) by ‘‘Municipal Corporation”. Successful tenderer(s) will have to execute an
agreement (as per Annexure-3) for the related schedules of a project. The Corporation
reserves the right to allocate works or projects to any empanelled consultant having
prior experiences of the works on accepted rates which shall be applicable to all
consultants and there shall be no binding on corporation to give works to lowest quoting
bidders. The selection of consultant will be at the sole discretion of ‘Municipal
Corporation” who reserves their rights to accept or reject any or all the proposals
without assigning any reason. ‘Municipal Corporation” reserves the right to call for
additional information from the Bidders.
12. Tender document:
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 16 -
Please note that the Terms of Reference (ToR) documents shall not be sent by post,
courier, etc. The proposal shall be submitted in terms of Para 4 of this Section 1. No
offer will be accepted after the last date & time of submission.
13. Tender Document Price: An amount of Rs 5,000/- towards cost of Tender documents,
shall have to be enclosed in the form of Demand Draft if download from the official
website of the Corporation or the tender document can purchased from the office of the
Corporation.
14. The Bidders are requested to go through (i) Instructions to Bidders, (ii) Terms of
Reference, (iii) General Conditions of Contract, (iv) Special Conditions of the Contract
and (v) the List of Various Enclosures/FORMS to be submitted by them along with
complete Proposals document and the scope of work under the Consultancy Services to
be offered by them. The Bidders should fully inform themselves of all the terms &
conditions, scope of work and the local conditions of the Projects.
Security deposit of the successful consultant shall be returned along with the final
payment of the contracting agency is accepted.
15. Checklist for Submission: Check list for submission of offer is given for the guidance
of the bidders. The proposal should be checked with reference to this list before its
submission.
15.1 Envelope 1. Letter of Proposal submission (FORM 1) in on copy along with
1. Cost of TENDER document (non-refundable), by way of cash / Demand Draft of
Rs.5,000/-
2. Original bid document
3. Details of Organization set up – State whether proprietorship, partnership, Private
Limited or Public Limited viz-a-viz. Registration Certificate
4. Financial status indicating annual turnover indicating annual average turnover of
minimum Rs. 20 Crores in the last three financial years
5. Audited Balance sheet for the past years i.e. 2009 – 10, 2010 – 11 and 2011 – 12,
audited by qualified Chartered Accountant / Statutory Auditor
6. List of documents fulfilling eligibility criteria.
7. Details of similar work on hand at present and value of works with experience
certificate from previous clients in the past 10 years
8. Staff strength of organization and Curriculum vitae of Key personnel’s. (as per
Annexure 1)
9. Corrigendum & Addendums (if any) issued by MCG
15.2 Envelope-2 - Financial Proposal (in one hard copy)
1. Covering letter
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 17 -
2. Summary Price Schedule (Form 5)
15.3 Envelope-3 – Should contain sealed Envelope-1 & Envelop-2
16. Conditional Bids will not be accepted and MCG reserves the rights to modify /split the
work to more than one applicant and accept or reject any or all the proposals at its sole
discretion.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 18 -
SECTION 2: SCOPE OF WORK AND TERMS OF REFERENCE
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 19 -
SECTION 2
SCOPE OF WORK & TERMS OF REFERENCE
The objective of this Tender is for Empanelment of Consultants for Development of
various works identified by Municipal Corporation, Gurgaon
1. Background:
Municipal Corporation, Gurgaon intends to implement projects in various sectors of
Urban Infrastructure, Roads, Buildings, Transportation, Urban Information System,
Affordable Housing, Development of Markets, Road Over Bridges/Under Passes,
Heritage conservation, Recreation, Rain Water Harvesting, Waste Water Recycling etc.
with focus on Public Private Partnership model and to achieve the goal in coming years,
intends to prepare a panel of reputed and experienced consultants who have experience of
all categories, who would be involved to assist MCG to carryout routine works & when
required to undertake assignments to support the Corporation’s efforts in :-
• Identification of projects
• Project Conceptualization
• Prefeasibility & Feasibility Studies
• Financial analysis and financial
structuring of the projects
• Detailed Project Reports (DPR)
• Detailed Engineering, Design and
Estimations
• Appraisal of Existing DPR's.
• Urban & Regional Planning
• Environmental Impact Assessment
• Environmental Management Plan
• Resettlement & Rehabilitation
Implementation Plan
• Transaction Advisory Services
along with Financial & Legal
Assistance
• Investment promotion with focus
on PPP model.
• Tender Documents and Bid process
management
• Project Management Consultant &
Supervision
• Technical Audit
• Hand holding in Project execution
Project implementation strategy.
• Project implementation including
monitoring and evaluation.
• Post implementation support
services
• Research and Analysis.
• Creating Public Awareness about
the schemes.
• Skill Development and skill
upgradation.
• Survey & Investigation
• Third Party Certification
• GIS Data Management
• Buildings
• Roads
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 20 -
The expression of interest from reputed and experienced consultants is being invited who
have experience in following categories of projects:
1. Urban Infrastructure,
2. Urban & Regional Planning
3. Architecture & Engineering
Projects,
4. Preparation of DPR for
infrastructure Projects like
Sewerage, Drainage, Water
Supply, Solid Waste Disposal,
Roads, Housing etc.,
5. Project Management Consultancy
for PPP Projects
6. Transportation Studies,
7. City Mobility Plan,
8. Urban Transport Projects (MRTS),
9. Preparation of Traffic Management
Plans,
10. Legal Services for preparation of
contractual documents etc. in PPP
projects,
11. Survey and preparation of land
acquisition proposals for various
Projects/Roads/Schemes,
12. Identification and Pre-feasibility
reports of PPP projects in various
towns,
13. Preparation of City Sanitation
Plans,
14. GIS mapping and Database,
15. Flyovers / Road Over
Bridges/Under Passes,
16. Elevated Corridors,
17. Urban Information System,
18. E-Governance,
19. Affordable Housing,
20. Basic services for Urban poor
(BSUP)
21. Integrated Housing and Slum
development Project (IHSDP)
22. Master Plans
23. Urban Infrastructure and
Development Scheme of Small and
Medium Towns
24. Development of Markets,
25. Heritage Conservation,
26. Landscape Projects,
27. National Lake Conservation
Project
28. Recreation,
29. Rain Water Harvesting,
30. Waste Water Recycling
31. Master Plans of Urban
Area/Towns/Villages
32. Physical Survey and Demarcation
work.
ROLE OF EMPANELLED CONSULTANTS:
Empanelled consultants would be required to provide assistance to MCG in carrying out
their routine capital works and also when required then identify more probable and
suitable projects in various sectors and assist MCG in various aspects to conceptualize,
prepare designs , estimates, approvals, funding (IF required) bid process management and
project supervision, work certification, etc. Empanelled consultants would also be
required for appraisal of existing DPR's of several projects and suggest appropriate
strategy for implementation including identification of funding agencies.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 21 -
2. Broad Scope of Work of Consultancy Service
The ‘Consultant(s)’ appointed by the ‘‘MCG’ to act on its behalf to safeguard its interest
during the entire duration of various projects identified by ‘MCG’ shall perform the roles
and responsibilities briefly enumerated in the following points:
1. Providing assistance in preparation of Detailed Project Reports (DPR) including
write-ups, designs and estimates (excluding survey) of the projects identified in
Development plan or City Development Plan or proposed by ‘MCG’
a. Secondary Data collection, field verification and records documentation.
b. Preliminary Site evaluation, analysis and impact of existing and / or proposed
development on its immediate environs.
c. Prepare conceptual designs, Fine tune and update block cost estimates and
implementation schedule.
d. Develop conceptual design criteria and performance standards.
e. Finalize the final conceptual project cost estimate.
f. Prepare Detailed Project Report
g. Finalize the technical portions of the bidding documents
2. Identification and Pre-Feasibility Report of PPP Projects / Mega Projects
a. Identification of suitable Project which could be taken up on PPP Model.
b. Identification of suitable site in Consultation with concerning Local body for the
proposed PPP project.
c. Collection of Land Revenue Record of the proposed land, with the help of the
Local body.
d. Collection of Base informations regarding the proposed Site / land like Land use,
DLC Rates, Physical feature etc.
e. Preparation of Pre-feasibility report with implementation strategy on PPP Model
like Revenue sharing, BOT etc.
f. Preparation of Bid Documents for inviting PPP proposals.
g. Processing and evaluation of bids.
3. Providing assistance for Regional & Urban Planning Projects
a. Preparation of Perspective Policy Plan / Vision Plan / Structure Plan
b. Preparation of Development Plan
c. Preparation of Outline Development Plan
d. Preparation of Regional Master Plan
e. Preparation of Sub-City Plan
f. Preparation of Divisional Plan
g. Preparation of Zonal Plan
h. Preparation of Special Area Plan
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 22 -
i. Preparation of Ward Plan Local Area Plan
j. Preparation of Annual Plan
k. Preparation of Village Development Plan
4. Assisting MCG for getting requisite approvals from mission directorate and
their project appraisal agencies.
a. Getting Approval from SLNA of DPR & State level coordination committee
financing plan
b. Getting technical approval from mission /schemes directorates appraisal agency /
other Govt. Funding agencies
c. On getting Administrative approval from mission /schemes / other Funding
Agencies Directorate.
5. Providing services for Financial analysis and financial structuring of the projects
identified & proposed by ‘MCG’
a. Project financing report including financial analysis, review of annual accounts of
employer.
b. Preparation of future projections of employer's financials
c. Project Financial structuring, cash flows of projects alternative assessment for
procurement method, project execution.
d. The revenue model for each project for the sector (including underlying
assumptions) and forecast growth of customer/ user groups over the next 20 years.
e. Unit cost of service and unit price (existing year and forecast for next 20 years)
f. Outline plan to restructure revenue streams to any or all categories of user groups
to comply with employers requirement (institution of full cost recovery user
charges) In this regard, cross-subsidization requirements/ strategy if applicable are
to be explicitly specified and addressed.
g. Project Financial Viability & Sustainability through (Net Present Value) NPV and
(Internal Rate of Return) IRR including
h. Review of options for Institutional debt, owners cost of capital, grants and/or
Private sector participation and organization of funds various agencies.
6. Preparation of Rehabilitation Implementation Plan
a. Study of relevant documents, reports and project alignment maps.
b. Enumeration of structures and mapping by plane table survey.
c. Review and analysis of Baseline Socio-economic surveys
d. Consultations and meetings with PAHs, visits to sites.
e. Disclosure of draft RIP
f. Discussions with stakeholders.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 23 -
7. Preparation of Environmental Impact Assessment Report & Environmental
Management Plan
a. Review of previous outputs and studies :
b. Assessment of Baseline Environmental Conditions :
c. Identification and Assessment of Impacts
d. Analysis of Alternatives
e. Environmental Management Plan
8. Providing services for preparation of tender documents and Bid process
management of the projects for ‘MCG’
a. Preparation of bid documents including but not limited to the
Request for Proposals and the Contract for Services and draft
Agreements;
b. Preparation of supporting information to assist bidders in
preparation of their bid, and where relevant creation of a data base
and management of access to the data base;
c. Assist the employer in developing Expression of Interests (EoI) advertisements.
d. Assist the employer in evaluating and pre-qualifying contractors and developing
the short-list of qualified contractors.
e. Assist the employer in developing Invitation to Bid (ITB) advertisements.
f. Assist the employer in developing Invitation to Bid (ITB) letter.
g. Arrange and attend site visits, pre -bid site meeting/conference, respond to
queries, issue bid addenda, clarify bid documents…etc.
h. Support to communication with the bidders and interaction with the
bidders, including managing and responding to requests for
clarification;
i. Attend bid opening, prepare bid tabulation sheets…etc.
j. The thorough evaluation of received bids both technically and financially
k. Assistance in negotiation with one or more parties prior to contract
award;
l. Assist the employer in the issue of all correspondences including clarifications,
letters of Intent (LoI), letters of appointment, notice to proceed (NTP), etc.
m. Prepare all required evaluation, clarifications, addenda, etc reports.
n. Organize and attend a pre-construction site meeting with the contractor.
o. Liaise with relevant counterparts, local authorities, key stakeholders and act on
behalf of the employer in all required aspects including issue of formal letters,
obtaining approvals and so forth.
p. Monitoring and advice on bidder performance against any conditions
precedent to financial close; and
q. Management of other advisory inputs, and overall management of
the transaction team, to ensure a successful conclusion.
r. Prepare Assignment Bidding Support and Pre-Construction Services Report.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 24 -
s. Review and finalize the Bidding Support and Pre-Construction Services Report.
9. Functioning as Project Management Consultant & technical auditor of ‘MCG’
for project execution.
a. Review and approve contractor’s construction schedule.
b. Review and approve contractor’s detailed designs, shop and erection drawings.
c. Factory Inspection and Witness Testing of Manufactured Items.
d. Undertake project management and related procedures.
e. Undertake quality assurance plans and related procedures.
f. Undertake quality control and related procedures.
g. Undertake progress control and related procedures.
h. Undertake cost control and related procedures.
i. Manage and control variation order and contract amendment procedures.
j. Review and approve as-built drawings.
k. Review, finalize and approve O&M manuals.
l. Arrange, organize and chair regular progress site meetings.
m. Prepare the report of pending work and work to be carried out during the defects
liability period.
n. Act on behalf of the employer on all project related matters.
o. Develop recommendations for measures prudent for action.
p. Participate in any related negotiation proceedings and the like.
q. Participate in any related arbitration proceedings and the like.
r. Review/ revise and finalize all technical training material.
s. Attend all technical training proceedings.
t. Progress reporting.
u. Manage Contractor's Work Substantial Completion - employer Provisional
Handing Over.
v. Certification of contractors bills and Issue the Certificate of Substantial
Completion and Provisional Handover Certificate.
w. To scrutinize the bill submitted by the Contractor & forward the same with
recommendations to Municipal Corporation in desired format.
x. Organize and participate (supervise) in all substantial acceptance tests,
inspections, proceedings, start-up, commissioning etc and handover proceedings.
y. Assist in the start-up of project operation in adjusting, balancing, identifying
deficiencies and assisting in obtaining corrections, and performing inspections
prior to the end of the project defect liability period.
z. Prepare the Certificate of Final Completion and Final Handover Certificate for
later use by the employer.
aa. Prepare Assignment Jobsite Work Implementation Management, Supervision and
Monitoring Report.
bb. Prepare Project Closeout Report.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 25 -
10. Providing Technical Transaction Advisory along with Financial and Legal
Assistance
a. Act as Transaction advisor and undertake study to a standard that will enable the
project to obtain necessary decision to execute the PPP agreement or by spending
MCG own funds or loan funds or Government Grants. In case MCG decides ( at
its sole discretion) to implement the project by availing loan funds or
Government grant, than to arrange the loan at the best market rates and where ever
any Central or State Government grants is available than to liaise with the
respective authorities for sanction and disbursement of such grant.
b. Project Financial structuring, cash flows of projects alternative assessment for
procurement method, project execution.
c. The revenue model for each project for the sector (including underlying
assumptions) and forecast growth of customer/ user groups over the next 20 years.
d. Unit cost of service and unit price (existing year and forecast for next 20 years)
e. Outline plan to restructure revenue streams to any or all categories of user groups
to comply with employers requirement (institution of full cost recovery user
charges) In this regard, cross-subsidization requirements/ strategy if applicable are
to be explicitly specified and addressed.
f. Project Financial Viability & Sustainability through (Net Present Value) NPV and
(Internal Rate of Return) IRR including
g. Review of options for Institutional debt, owners cost of capital, grants and/or
Private sector participation.
h. Interaction with the market, or conduct of formal market soundings, to confirm
decisions on scope, timing and packaging of the transaction;
11. Providing assistance for Supervision and Monitoring of Operation and
Maintenance (O&M) and asset management.
a. Supervise the contractors’ maintenance and running operation procedures.
b. Supervise all work being implemented during the defects liability period.
c. Monitor, assist and supervise performance tests and start-up of the projects.
d. Carry out final works inspection and issue contractor’s release certificates.
e. Develop recommendations for measures prudent for action.
f. Liaise, organize and attend regular progress site meetings.
g. Act on behalf of the employer on all project related matters.
h. Progress reporting
i. Transaction advisor shall provide necessary support through concession/
management period on issues as required by employer.
j. Organize and participate in all final acceptance tests, inspections, proceedings, etc
and final handover proceedings.
k. Issue the Certificate of Final Completion and Final Handover Certificate.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 26 -
12. Consultancy services for Architectural & Engineering designs of any
Housing/Institutional/Commercial/Public buildings or any other buildings or,
any other infrastructure project in which architectural designing is essential
a. Site evaluation and analysis including identification of existing physiographic and
other natural features.
b. Preparation of layout and site development plans.
c. Architectural designs for the project Flats / Apartments / Houses / Markets / Any
other building.
d. Detailed working drawings of the project.
e. Structural Engineering design.
f. Detailed drawings for sanitary, plumbing, drainage, water supply and sewerage
services for the project.
g. Detailed electrical network designs.
h. Landscape design and development of the site.
i. Graphic signages. (Layout plan designs)
j. Preparation of tender documents on the basis of Basic Schedule of Rates (BSR)
applicable for identified area.
k. Furnish PERT/CPM bar chart of all the works before commencement of the work
at site.
l. Provide assistance in finalization of the tenders.
m. Visit the site as and when necessary during execution as per mutually agreed
terms.
13. Consultancy services for Architectural, Engineering and Landscape designing of
the landscape projects
a. Site appraisal and suitability
b. Site planning.
c. Landform and grading.
d. Surface drainage design and water management.
e. Irrigation design.
f. Open space design – hard and soft areas.
g. Planting design.
h. Landscape structures and features.
i. Garden Furniture design.
j. Illumination design.
k. Graphic design and signage.
l. Co-ordination of external services.
m. Periodic inspection and evaluation of works at site.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 27 -
14. Consultancy services for preparation of master plans of Urban Areas / Towns/
Villages including sector plans, city development plans, schemes townships,
layout plans of various schemes like Residential, Commercial, Institutional etc.
and preparation of Town Planning Schemes
a. Perspective plan- Master Plan for Town/Village/New Towns
b. Sector Plans – Road Network Plans / Zonal Plans etc.
c. Schemes and Townships Plans, Layout Plans of projects like Residential /
Commercial / Industrial / Recreational /any other infrastructure development,
development for public and semi public use, up gradation, urban design and
beautification of lakes/water bodies/ natural conservation zones etc.
d. Survey and preparation of layout plans of existing schemes etc.
e. Site Study& Investigations
i. Topographical Survey of the Site by means of Total Station or DGPS
ii. Geotechnical Survey
f. Base Map Preparation
i. Integrating all maps, physical features, topographical features
ii. Geo-referencing of base map
iii. Map Verification for Accuracy
g. Site Analysis
i. Slope Analysis
ii. Regional Connectivity & Existing Settlement Analysis
iii. Existing Landuse Study
iv. Vulnerability Study
h. Conceptual Masterplan Preparation
i. Concept Plan Development
ii. Design Population Fixation
iii. Masterplan Concept Approval Stage
iv. Urban Design Concepts
i. Preliminary Infrastructure Planning
i. Conceptual Water Supply Scheme
ii. Conceptual Sewerage Network
iii. Conceptual Storm Water Network
iv. Conceptual Power/ Electrical System
v. Solid Waste Management Concept
j. Project Feasibility
i. Preliminary Costing Based on Broad Costs
ii. Phasing
iii. Financial Feasibility
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 28 -
15. Consultancy services for preparation of Theme based projects like Film City,
Entertainment City, Knowledge City, etc.
a. Identification of project and preparation of pre-feasibility study.
b. Preparation of conceptual planning of the project.
c. Preparation of Bid document for executing proposals on PPP model.
d. Assistance to Local Body in promoting / marketing the concept by way of
arranging conferences / presentation with the stakeholders.
e. Invitation of Bids
f. Processing and Evaluation of Bids.
g. Finalization of Planning including Architectural, Engineering and Landscape
designs.
16. The surveying and demarcation work using total station machine/ GPS etc for
preparation of Base map, schemes, layout plans, and any other project/ work
a. Base Map For - Master Plans:-
Scope of Work for physical Survey & demarcation shall include Total-Station
Survey/GPS or GPRS for preparing Base Map and Existing Land Use of any
Master plan work and submission of drawing in required scale in compatible Auto
Cad Format.
b. Sector Plans / Schemes / Layout Plans
Scope of work for physical survey and demarcation shall include Drawings to be
submitted in required scale in compatible Auto Cad Format. Total station survey /
GPS or GPRS for preparing sector plans / Schemes / Lay out plans of any area for
which detailed planning is required to be done or any existing scheme for which
any regularization etc. is to be done.
c. Survey And Preparation Of Unauthorized Colonies
Scope of work for physical survey of unauthorized colonies shall include
preparation of layout plans at required scale.
d. Survey of unauthorized construction in their regularization
17. Consultancy Services for Preparation of Urban Transportation Projects, OD
Surveys, comprehensive mobility plan, etc.
a. The Consultant shall undertake Traffic and Transportation Studies for
implementation of city transport system such as Modern Bus System, Tram
System etc.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 29 -
b. The Consultant may be required to select/identify private partner for the projects
on P.P.P. basis
c. The Consultant should be able to provide traffic & transportation solutions for the
City
18. Providing assistance in preparation of Detailed Project Report (DPR) for Urban
Transport Planning Projects
a. Initial Assessment
i. Existing Masterplan Review
ii. Existing Situation assessment
b. Data & Analysis
i. Engineering Survey
ii. Mapping & Zoning
iii. Travel Modeling
iv. Travel Demand Forecast]
v. Gap/Lacunae
c. Proposals
i. Urban Road Network
ii. Public Transit/Mass Transit
d. Operational Plan
i. Operational Needs
ii. Project Implementation
iii. Guidelines & Standards
e. Environmental Assessment
i. Identification of Environmental & Social Issues
ii. Impact Assessment
iii. Environmental Management Plan if Needed
f. Project Costing
i. Capital Cost (Based on SOR or Market Rates)
ii. Operational Cost
iii. Cost Benefit Analysis
g. Institutional Arrangement
i. Implementation
ii. Permissions, NOC, Agreements & Approvals
19. Providing assistance in preparation of Detailed Project Report (DPR) for Road
Network Design
a. Initial Assessment
i. Existing Masterplan Review
ii. Existing Situation assessment
iii. Existing Road Traffic Characteristics
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 30 -
b. Road Network Design
i. Engineering Survey
ii. Roads with Drainage
iii. Bridges
iv. Flyovers/RUB's/ROB'S/Pedestian Crossings
v. Other Related Infrastructure
vi. Street Scaping
c. Operational Plan
i. Operational Needs
ii. Project Implementation
iii. Guidelines & Standards
d. Environmental Assessment
i. Identification of Environmental & Social Issues
ii. Impact Assessment
iii. Environmental Management Plan if Needed
e. Project Costing
i. Capital Cost (Based on SOR or Market Rates)
ii. Operational Cost
iii. Cost Benefit Analysis
f. Institutional Arrangement
i. Implementation
ii. Permissions, NOC, Agreements & Approvals
20. Consultancy services for preparation of Traffic Management Plans for
decongesting Towns including Traffic Engineering, Improvement of Traffic
Functions/ Rotaries etc/ Pedestrianisation, Cycle tracks, flow of traffic /
Proposals for appropriate solutions for management and regulation of traffic /
Parking projects etc in divisional head quarter towns
a. The consultant shall undertake studies of existing traffic scenario in the city to
prepare traffic management plan for the purpose of identifying appropriate
proposals for improvement of traffic engineering, traffic functions, Rotaries, etc.
and identifying important Parking Projects, Road Over Bridges / Under-passes, By
passes, Ring Roads etc.
b. The consultant shall identify the project and prepare pre-feasibility report.
c. The Consultant shall prepare detailed project report, and shall also facilitate the
execution on PPP Model.
d. The consultant shall help the local body in execution of the project by providing
detailed engineering drawings, tender documents etc.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 31 -
21. Consultancy services for "Preparation of Contractual / Concessional Agreements
in PPP Projects/Other Mega Projects and advice on other relevant legal issues"
The Consultant shall provide services for preparation of contractual documents/
concessional agreements between the Local body and Operator under PPP models.
The consultant shall have to prepare the agreements in such a manner that possibility
of any legal dispute or shortcoming arising in the course of implementation of project
is avoided. In case any such dispute or shortcoming arises, the consultant shall have to
assist the local body in resolving the dispute. The consultant shall have to safeguard
the interest of the local body.
22. Consultancy services for Survey and preparation of land acquisition proposals
for various projects / schemes / Master Plan Roads / Sector Plan / Roads etc.
a. Physical survey of the area using Total station machine / GPS etc.
b. Preparation of Base map using compatible Auto Cad Software and broad planning
of the area.
c. Collection of Revenue sheets and ownership record of the Project/ Scheme area.
d. Digitization and super imposition of Revenue sheets on the Survey / Base Map
using GPS etc.
e. Identification of the area to be acquired and preparation of land acquisition
proposal to be notified under land acquisition Act. (including ground verification)
f. Collection of DLC Rates of the area and preparation of engineering estimates
including cost of Trees, structures, physical features etc on the basis of prevailing
Basic Schedule of Rates of the area for preparation of award of land acquisition.
g. Assistance to local body in further proceedings of land acquisition process.
23. Providing assistance in preparation of Detailed Project Report (DPR) for
Electrical & Power Supply Projects
a. Initial Assessment
i. Existing Masterplan Review
ii. Existing Situation assessment
b. Analysis
i. Population Projection & Zoning
ii. Energy Demand
iii. Unmet Demand
c. Power System Design
i. Supply Source & Zonal Distribution (Receiving /Substations)
ii. Distribution Network Design
d. Operational Plan
i. Operational Needs
ii. Project Implementation
iii. Guidelines & Standards
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 32 -
e. Environmental Assessment
i. Identification of Environmental & Social Issues
ii. Impact Assessment
iii. Environmental Management Plan if Needed
f. Project Costing
i. Capital Cost (Based on SOR or Market Rates)
ii. Operational Cost
iii. Cost Benefit Analysis
g. Institutional Arrangement
i. Implementation
ii. Permissions, NOC, Agreements & Approvals
24. Providing assistance in preparation DPR of City Sanitation Plans
a. Physical Surveying (Contouring and leveling) of the Town / City / Area using
Total Station machine.
b. Preparation of Detailed plans of the sewerage and drainage scheme of the Town /
City / Area.
c. Preparation of detailed plan for Solid Waste disposal and management for the
town / city.
d. Identification of suitable site for sewerage treatment plant, and solid waste
disposal in consultation with concerning local body.
e. Preparation of Integrated City Sanitation Plan including detailed block estimates
for submission of DPR to the Government of India / Financial Agencies etc.
f. Submission of "City Sanitation Plan" to Govt. of India / Financial Institution. The
consultant shall represent local body and make presentation's as and when
required.
25. Providing assistance in preparation of DPR for Rain Water Harvesting
a. Identifying areas / schemes / townships / Group Housing / individual dwelling
units etc. which are not having Rain Water harvesting structures. (City /
Town/zone wise)
b. Promoting and motivating plot / property holders to construct Rain water
Harvesting structures including issuance of notice to individual plot holders /
societies/Vikas samities/Builders/ developers on behalf of concerning local body.
c. Providing Technical assistance / advice to individual plot holders.
d. Help in construction of Rain Water harvesting structures.
e. Promotional campaigns to create public awareness about the programme.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 33 -
26. Providing assistance in preparation of DPR for Waste Water Recycling
a. Identifying areas / schemes / townships / group housing etc where waste water
Recycling Plants can be established.
b. Providing technical assistance to the local body / Group Housing Societies /
Resident Welfare Association etc. for construction, operation and maintenance of
waste water Recycling Plants.
c. Identifying suitable schemes of funding through loans / Grant / Subsidy from any
Government / Semi Government organization / Financial institutions (National or
International / NGO's etc and facilitating arranging funds to implement the
project.
27. Providing assistance in testing & Maintenance of various Construction
3. Deliverables & Reporting Requirements:-
1. Providing assistance in preparation of Detailed Project Reports (DPR) including
write-ups, designs and estimates (excluding survey) of the projects identified in
Development plan or City Development Plan or proposed by ‘MCG’
i. Site investigation report
ii. Draft final report
iii. Final detailed project report
iv. Technical bid documents
2. Identification and Pre-Feasibility Report of PPP Projects / Mega Projects
i. First Draft Report
ii. Second Draft Report
iii. Final Report
3. Providing assistance for Regional & Urban Planning Projects
iv. Draft Report
v. Final Report
4. Assisting MCG for getting requisite approvals from mission directorate and
their project appraisal agencies.
i. Approval from SLNA of DPR & financing plan and State level coordination
committee
ii. Technical approval from schemes / missions appraisal agency
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 34 -
iii. Administrative approval from schemes / missions directorate
5. Providing services for Financial analysis and financial structuring of the projects
identified & proposed by ‘MCG’
i. Draft Financial Report
ii. Final Financial Report
6. Preparation of Rehabilitation Implementation Plan
vi. First Draft Report
vii. Final Report
7. Preparation of Environmental Impact Assessment Report & Environmental
Management Plan
i. First Draft Report
ii. Final Report
8. Providing services for preparation of tender documents and Bid process
management of the projects for ‘MCG’
i. Draft Bid Documents
ii. Review and finalization of the Bidding Support and Pre-Construction Services
Report
9. Functioning as Project Management Consultant & technical auditor of ‘MCG’
for project execution.
i. Monthly progress report
ii. Project closeout report
iii.
10. Providing Technical Transaction Advisory along with Financial and Legal
Assistance
i. First Draft Report
ii. Second Draft Report
iii. Final Report
11. Providing assistance for Supervision and Monitoring of Operation and
Maintenance (O&M) and asset management.
i. Monthly Progress Report
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 35 -
12. Consultancy services for Architectural & Engineering designs of any
Housing/Institutional/Commercial/Public buildings or any other buildings or,
any other infrastructure project in which architectural designing is essential
i. Preliminary drawings/designs along with the estimates based on area basis and
acceptance of the same by the local body.
ii. Architectural drawings.
iii. Detailed specifications, schedule of quantities, detailed design of structure and
services and Estimate of costs and draft Tender documents sufficient to invite
tender.
iv. Complete set of drawings and details sufficient for the work to commence at
site.
v. Draft bid documents
vi. Review and finalize the Bidding Support and Pre-Construction Services
Report
13. Consultancy services for Architectural, Engineering and Landscape designing of
the landscape projects
i. Preliminary drawings/designs along with the estimates based on area basis and
acceptance of the same by the local body.
ii. Architectural drawings.
iii. Detailed specifications, schedule of quantities, detailed design of structure and
services and Estimate of costs and draft Tender documents sufficient to invite
tender.
iv. Complete set of drawings and details sufficient for the work to commence at
site.
v. Draft bid documents
vi. Review and finalize the Bidding Support and Pre-Construction Services
Report
14. Consultancy services for preparation of master plans of Urban Areas / Towns/
Villages including sector plans, city development plans, schemes townships,
layout plans of various schemes like Residential, Commercial, Institutional etc.
and preparation of Town Planning Schemes
i. Preliminary report/Plans
ii. Draft report /plans
iii. Final report /plan
15. Consultancy services for preparation of Theme based projects like Film City,
Entertainment City, Knowledge City, etc.
i. Preliminary report/Plans
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 36 -
ii. Draft report /plans
iii. Final report /plan
16. The surveying and demarcation work using total station machine/ GPS etc for
preparation of Base map, schemes, layout plans, and any other project/ work
DGPS Survey
i. The processed data of the DGPS survey with a photograph of each GCP with
monument
ii. A neat sketch of each DGPS point showing the location on A4 size drawing
Topographical survey
The following details shall be submitted on completion of the survey:
i. All original field books
ii. All the survey details in AutoCAD format on a CD / DVD and 2 draft prints of
the same
Base Map
i. Digital base map of all the thematic layers excluding building/plot on 1:2500
scale in 1 set in hard copy (A0 Paper) and one set in soft copy in GIS format.
ii. Digital data of base map in DXF/DWG, SHP file format along with soft copy
of base map to a scale of 1:2500 and 1:5000 (soft copy) for the total town area
in DXF/DWG SHP format which shall contain foot prints of each building,
slum boundary ward wise, roads, nalas, Canals, railway lines, bridges, water
bodies duly incorporating cadastral information, Locality, ward, block, slum,
and municipal boundaries with contour information at 0.5 Meter interval.
iii. Ward wise check prints in Hard copy on 1:750 scale (One set on A0 Paper)
iv. Ward wise Final Base Map (Hard Copy) on 1:1000 scale (One set of multi
colour plotted maps on A0 paper)
v. Base maps on 1:2500 in hard copy (One set of multi colour plotted maps on
A0 Paper)
vi. Base maps on 1:5000 in hard copy (One set of multi colour plotted maps on
A0 Paper)
17. Consultancy Services for Preparation of Urban Transportation Projects, OD
Surveys, comprehensive mobility plan, etc.
i. Preliminary report/Plans
ii. Draft report /plans
iii. Final report /plan
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 37 -
18. Providing assistance in preparation of Detailed Project Report (DPR) for Urban
Transport Planning Projects
i. Inception Report
ii. Site investigation report
iii. Draft final report
iv. Final detailed project report
v. Technical bid documents
19. Providing assistance in preparation of Detailed Project Report (DPR) for Road
Network Design
i. Inception Report
ii. Site investigation report
iii. Draft final report
iv. Final detailed project report
v. Technical bid documents
20. Consultancy services for preparation of Traffic Management Plans for
decongesting Towns including Traffic Engineering, Improvement of Traffic
Functions/ Rotaries etc. / Pedestrianisation, Cycle tracks, flow of traffic /
Proposals for appropriate solutions for management and regulation of traffic /
Parking projects etc in divisional head quarter towns
i. Preliminary report/Plans
ii. Draft report /plans
iii. Final report /plan
21. Consultancy services for "Preparation of Contractual / Concessional Agreements
in PPP Projects/Other Mega Projects and advice on other relevant legal issues"
i. Draft concession and any of the Agreement
22. Consultancy services for Survey and preparation of land acquisition proposals
for various projects / schemes / Master Plan Roads / Sector Plan / Roads etc.
i. Physical survey / Base map of the Project / Scheme and tentative planning
ii. Digitized Revenue Sheets and superimposition on Survey / Base Map
iii. Draft land Acquisition proposal
iv. Final land acquisition proposal
v. Estimates of the land / trees / structures / physical features.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 38 -
23. Providing assistance in preparation of Detailed Project Report (DPR) for
Electrical & Power Supply Projects
i. Inception Report
ii. Site investigation report
iii. Draft final report
iv. Final detailed project report
v. Technical bid documents
24. Providing assistance in preparation DPR of City Sanitation Plans
i. Inception Report
ii. Site investigation report
iii. Draft final report
iv. Final detailed project report
v. Technical bid documents
25. Providing assistance in preparation of DPR for Rain Water Harvesting
i. Inception Report
ii. Site investigation report
iii. Draft final report
iv. Final detailed project report
v. Technical bid documents
26. Providing assistance in preparation of DPR for Waste Water Recycling
i. Inception Report
ii. Site investigation report
iii. Draft final report
iv. Final detailed project report
v. Technical bid documents
27. Providing assistance in testing & Maintenance of various Construction
The above description is not exhaustive and only indicative. The consultant shall carry
out any other function which in the opinion of Municipal Corporation’s essential to
achieve the project objectives
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 39 -
4. Indicative Project Time Period
Sr. No. Name of Assignment *Indicative
Duration
1 Providing assistance in preparation of Detailed Project Reports
(DPR) including write-ups, designs and estimates (excluding
survey) of the projects identified in Development plan or City
Development Plan or proposed by ‘MCG’
4 Months
2 Identification and Pre-Feasibility Report of PPP Projects / Mega
Projects
8 Weeks
3 Providing assistance for Regional & Urban Planning Projects
4 Assisting MCG for getting requisite approvals from mission
directorate and their project appraisal agencies.
5 Providing services for Financial analysis and financial
structuring of the projects identified & proposed by ‘MCG’
6 Preparation of Rehabilitation Implementation Plan 12 Weeks
7 Preparation of Environmental Impact Assessment Report &
Environmental Management Plan
12 Weeks
8 Providing services for preparation of tender documents and Bid
process management of the projects for ‘MCG’
2 Months
9 Functioning as Project Management Consultant & technical
auditor of ‘MCG’ for project execution.
24 – 36
Month
10 Providing Technical Transaction Advisory along with Financial
and Legal Assistance
11 Providing assistance for Supervision and Monitoring of
Operation and Maintenance (O&M) and asset management.
Service shall
be provided
for the
contract /
management
/ concession
period
12 Consultancy services for Architectural & Engineering designs
of any Housing/Institutional/Commercial/Public buildings or
any other buildings or, any other infrastructure project in which
architectural designing is essential
4 Months
13 Consultancy services for Architectural, Engineering and
Landscape designing of the landscape projects
4 Months
14 Consultancy services for preparation of master plans of Urban
Areas / Towns/ Villages including sector plans, city
development plans, schemes townships, layout plans of various
schemes like Residential, Commercial, Institutional etc. and
preparation of Town Planning Schemes
15 Consultancy services for preparation of Theme based projects
like Film City, Entertainment City, Knowledge City, etc.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 40 -
Sr. No. Name of Assignment *Indicative
Duration
16 The surveying and demarcation work using total station
machine/ GPS etc for preparation of Base map, schemes, layout
plans, and any other project/ work
17 Consultancy Services for Preparation of Urban Transportation
Projects, OD Surveys, comprehensive mobility plan, etc.
18 Providing assistance in preparation of Detailed Project Report
(DPR) for Urban Transport Planning Projects
4 Months
19 Providing assistance in preparation of Detailed Project Report
(DPR) for Road Network Design
4 Months
20 Consultancy services for preparation of Traffic Management
Plans for decongesting Towns including Traffic Engineering,
Improvement of Traffic Functions/ Rotaries etc. /
Pedestrianisation, Cycle tracks, flow of traffic / Proposals for
appropriate solutions for management and regulation of traffic /
Parking projects etc in divisional head quarter towns
21 Consultancy services for "Preparation of Contractual /
Concessional Agreements in PPP Projects/Other Mega Projects
and advice on other relevant legal issues"
22 Consultancy services for Survey and preparation of land
acquisition proposals for various projects / schemes / Master
Plan Roads / Sector Plan / Roads etc.
23 Providing assistance in preparation of Detailed Project Report
(DPR) for Electrical & Power Supply Projects
4 Months
24 Providing assistance in preparation DPR of City Sanitation
Plans
4 Months
25 Providing assistance in preparation of DPR for Rain Water
Harvesting
4 Months
26 Providing assistance in preparation of DPR for Waste Water
Recycling
4 Months
27 Providing assistance in testing & Maintenance of various
Construction
The above time limits will be bifurcated for sub activities which need to be approved by
Corporation / Government / Appraisal agencies etc. Therefore the above time frame is
indicative and the project time period from time to time as per the scope and extent of
work which shall be mutually agreed between the Corporation and the Consultant(s) at
any stage of project.
5. Payment Schedule after time limit
The delay in works shall treated as per clause 6.2 (b) SECTION 5 Special Conditions Of
Contract.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 41 -
6. Period of Services / Empanelment
The period of this service / empanelment shall be valid for five years. The item rates shall
be applicable for the project duration mentioned in the project commencement letter. The
item rates which are been quoted as Rupees (INR) per unit shall have annual increase in
the rates for the orders given from the second year of the empanelment. The annual
increase in rates of items after the base date (i.e. the date of submission of tender) shall be
@ eight percent of the item rates applicable in the previous year.
The Consultants shall be paid as per the increased rates calculated for that particular year
for all the works under progress as well as awarded.
The rate for a particular shall be calculated as below:
Rx = R x 1.08x
Where,
x = Number of years from the Base date
Rx = Rate of item in the desired year
R = Rate of item in the Base Year
The empanelment period may also further be extended for a period to be decided with
mutual consent.
7. Notice of Termination of Contract
If the Bidder withdraws or does not provide services as per time schedule approved by
Municipal Corporation, Gurgaon, or the quality of the deliverables are not up the
international standard as per terms of the contract, the Commissioner, Municipal
Corporation, Gurgaon shall be at liberty to terminate this contract by giving 180 days
notice in writing to Bidder clearly stating the reasons of dissatisfaction of the MCG & the
cure period of 180 days shall be given to the consultant to minimize the dissatisfaction of
the MCG in the cure period , even after the cure period situation does not improve than the
appointment of Bidder shall, stand cancelled and Security Deposit will be forfeited.
8. Disputes
All disputes and difference arising between Municipal Corporation, Gurgaon and the party
in any manner connected with this agreement shall be referred to the Commissioner,
MCG, whose decision will be final and binding.
9. Data, services and assistance to be provided by the ‘MCG’
(i). The Consultant would be assisted by the ‘MCG’ in obtaining relevant information
from various authorities and will extend co-operation on the following areas:
a) Earlier reports, available survey plans ,data and information related to the
study
b) Issue of authority/recommendation letters
(ii). MCG will give decisions on the sketches, drawings, reports and recommendations
and other matters and proposals submitted by the Consultant for decision, in a
reasonable time but not later than 15 days as not to hamper the performance of the
Consultancy service.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 42 -
Apart from above mentioned the inputs MCG’s shall allow to use facilities to
consultants staff available with MCG free of cost including office space, electricity,
water, and with climate control devices including available Data. Where possible,
the MCG shall provide above facilities for use by consultants during the course of
their assignment. The MCG shall provide list of coordination staff to be assigned to
the consultants before the assignment begins.
10. Project Team Requirements: MCG expects that the bidder has the required resources for carrying out the work within
the defined time frame. In case the bidder does not possess all these resources in house, it
is suggested that a suitable tie up with reputed service providers in the respective areas
may be entered into with a clear scope split. The team shall be led by a Team Leader and
Task Leaders of various tasks/disciplines. All the key personnel’s shall be available
throughout the currency of the assignment, as per the project requirements and as mutually
agreed upon. The role of ‘Consultant’ is critical to the successful and timely
implementation of the Project and the bidder, in acknowledgement of this fact, shall
endeavor to propose such a team that is highly proactive, responsive and result-oriented.
The team shall be complete and fully equipped with all skill sets required to carry out this
assignment. The suggested area of expertise / team composition is indicated below for
guidance:
i. Team Leader
ii. Transport Planner
iii. Highway Engineer
iv. Structural Engineer
v. Hydraulic Engineer
vi. Environmental Engineering Expert
vii. Liasioning Expert
viii. Urban / Environment Planner
ix. Financial Analyst
x. Legal Expert
xi. CAD Engineer
xii. Database Manager
The minimum qualifications and experience of the above key personnel are enclosed at
Annexure 1 of Section 2.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 43 -
Annexure 1 of Section 2
Qualifications & Experience of Key Experts
Sr. No. Key Expert Qualification Experience
1 Team Leaders Minimum
Engineering
graduate
• Total Post Qualification Experience – 20
years.
• 5 years Experience as Project Leader in a
Construction Project of urban
Infrastructure within last 7 years.
2 Transportation
Planner
Minimum
Engineering
Graduate /
Urban Planning
• At least with 5 years of experience in
relevant discipline urban infrastructure
3 Highway
Engineer
Minimum
Engineering
Graduate
• At least with 5 years of experience in
relevant discipline urban infrastructure
4 Structural
Engineer
Minimum
Engineering
Graduate
• At least with 5 years of experience in
relevant discipline urban infrastructure
5 Hydraulic
Engineer
Minimum
Engineering
graduate
• Total Post Qualification Experience –10
years, out of which 3 years experience in
relevant discipline urban Infrastructure
within last 8 years.
6 Environmental
Engineer
Minimum
Engineering
graduate
• Total Post Qualification Experience –15
years, out of which 3 years experience in
relevant discipline urban Infrastructure
within last 10 years.
7 Liasioning
Expert
Post graduate • 5 years Experience in getting approvals
with understanding of
planning/designing & implementing
engineering aspects of urban
Infrastructure
8 Urban /
Environment
Planner
Minimum
Engineering/
Planning
graduate
• Total experience-10years out of which
5years Experience in urban
Planning/traffic Management with at
least one major city infrastructure project
9 Financial
Analyst
Minimum MBA
in Finance / CA
• At least 7 years post qualification
experience
• At least 4 years experience in Financial
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 44 -
Sr. No. Key Expert Qualification Experience
Modeling and Project Structuring
10 Legal Expert Minimum Law
Graduate
• At least 10 years post qualification
experience
• Experience in Litigation, real estate,
intellectual property, documentation,
conveyance, etc.
11 CAD Engineer Minimum
Engineering
Graduate
• At least with 5 years of experience
12 Database
Manager
Minimum
Engineering
Graduate
• At least with 5 years of experience
Note: - For Bidding purpose requirement consultant shall consider at least one Engineer
per three ongoing worksites and one supervisor per each site. However deployment of
Engineers shall be depend as per construction plan submitted and approved by corporation
and actual progress on site.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 45 -
Annexure 2 of Section 2
EVALUATION CRITERIA
1. General:
1.1 The evaluation of valid proposals received shall be carried out by the Evaluation
Committee (EC) of the Municipal Corporation on the basis of responsiveness to the
TOR and the criteria specified below.
1.2 The proposals received by MCG in response to TENDER shall be evaluated in
three stages as under:
2. Evaluation Criteria:
2.1 The evaluation committee appointed by Municipal Corporation evaluates the
proposals on the basis of their responsiveness to the Terms of Reference, applying the
evaluation criteria, sub criteria and point system specified in 2.2 below. Each
responsive proposal will be evaluated. A proposal will be rejected at the relevant stage
if it does not respond to important aspects of TOR or if it fails to achieve the
minimum prescribed technical score.
S. No. Particulars Criteria Remarks
1. Responsiveness
Hurdle Includes submission in
accordance with the guidelines in
the Instructions to Bidders.
2. Technical
Proposal
Hurdle.
Minimum
points to be
achieved for
qualifying is
80%
Qualifications of the Consultant.
Coverage of overall scope of the
assignment, Approach and
Methodology, Manning Schedule,
consistency with the requirements
of project, etc.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 46 -
2.2 The evaluation of each technical proposal shall be done taking into account the
criteria and sub-criteria given below:
I) financial & Technical Capability
S. No. Particulars Marks
I Financial Capability 200
Minimum annual average turnover in the last three financial
years.
a) 20 Cr. 50
b) 20 – 50 Cr. 100
c) More than 50 Cr. 200
II Experience of consultant
Experience in preparation of Detailed Project Report 300
a) 1 no. 75
b) 2 nos. 150
c) More than 2 nos. 300
III Experience in preparation of DPR of Integrated Water
Supply Scheme in the last 10 yrs. in single Contract in
Metropolitan Region with capacity
200
a) 300 MLD 50
b) 301 MLD to 400 MLD 100
c) Above 401 MLD 200
Sub Total 700
IV Understanding of approach and methodology
a) Understanding of the work & function of ULB 25
b) Coverage of overall scope through Work Breakdown
Structure, Approach & Methodology 25
c) Organizational set up, defining roles for Partners, Associates,
Sub-Consultants and key personnel 25
d) Organization chart and Manning Schedule 25
Sub Total 100
II) Key Expert/ Person’s Qualification and Experience: The key expert/ person’s
qualifications and competence shall be assessed as given in Table 1 and weight age for the
key personnel shall be as given in Table 2.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 47 -
Table 1- EVALUATION OF KEY PERSONNEL QUALIFICATIONS
a) General Qualifications
• Professional Qualifications 5%
• Length of Experience and Positions held 25%
Sub Total 30%
b) Adequacy for the project
• Adequacy for the project experience 30%
• Experience in Region & Language 10%
Sub Total 70%
Grand Total 100%
Table 2 – Weight age of Points for Qualification and Experience of Key Personnel likely
to be deployed
S. No. Key Personnel/ Experts Points
1 Team Leaders 30
2 Transport Planner 20
3 Highway Engineer 20
4 Structural Engineer 20
5 Hydraulic Engineer 30
6 Environmental Engineering Expert 15
7 Liasioning Expert 15
8 Urban / Environment Planner 10
9 Financial Analyst 10
10 Legal Expert 10
11 CAD Engineer 10
12 Database Manager 10
Sub Total 200
Grand Total 1000
2.3 The Hurdle Criteria in Technical Proposal:
2.3.1 Financial Soundness: The consultant shall have no losses in terms of `Profit before
Tax’ during the past three years i.e. 2009-10 to 2011-2012.
2.3.2 No Consortium of the consultants shall be allowed.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 48 -
2.3.3 The Consultant should have interdisciplinary expertise covering inter alia the
following with reference to the qualification:
• Costing
• Experience in preparation of DPR including approvals etc.
• Experience in arranging finance in terms of grants, term loans etc. for
infrastructure project.
• Project Management Consultancy
• Experience in Urban Management Projects
• Experience in Urban Transportation Projects
• Exposure to PPP based projects
2.3.4 The consultant must achieve a minimum of 60% points in each of the items (i), (ii)
and (iii) of paragraph 2.2 of this Annexure and 80% overall in the technical proposal.
3. Consultant’s Organizational Set Up:
It is mandatory that the consultants provide adequate numbers of key personnel as
given above and in TOR as specified in Annexure 1 of Section 2.
4. The Municipal Corporation reserves the right to effect minor changes in the sub
criteria depending on nature and scope of each sub-project.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 49 -
SECTION 3: SCHEDULE OF PAYMENTS
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 50 -
SECTION 3
SCHDULE OF PAYMENT
1. The Consultants shall quote the price bid in the formats given in Form 5. The quoted rate
should include all cost like remuneration of experts and supporting staff, out of pocket
expenses, profit, including taxes at the rates applicable on date of submission of tender
except VAT & service tax or any other replacement / substitution of service tax which
shall be paid by the MCG.
2. For projects with less that Rs. 100 Cr Project Cost the Contract charges shall be on
Man Month basis.
Man Month cost shall included following Cost of salary, social cost, communication
cost, computer/ laptop’s cost, office and furniture rent, record keeping, intra city
travel limited to 300 Km /month/per persons, cost of supporting staff like peon ,
driver, steno etc., company overheads, consultant’s profits.
3. For projects with more than Rs. 100 Cr Project Cost the contract charges shall be
quoted as per following schedule:
1. Providing assistance in preparation of Detailed Project Reports (DPR) including
write-ups, designs and estimates (excluding survey) of the projects identified in
Development plan or City Development Plan or proposed by ‘MCG’
I Submission & Approval of sample site
investigation report
15% of contract charges quoted
II Submission & Approval of draft final
report
40% of contract charges quoted
III Submission of final detailed project
report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
2. Identification and Pre-Feasibility Report of PPP Projects / Mega Projects
I On Submission & Approval of First
Draft Report
30% of contract charges
II On Submission & Approval of Second
Draft Report
40% of contract charges
III On Submission of Final Report 30% of contract charges
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 51 -
3. Providing assistance for Regional & Urban Planning Projects
I On Submission & Approval of Draft
Report
60% of contract charges
III On Submission of Final Report 40% of contract charges
4. Assisting MCG for getting requisite approvals from mission directorate and
their project appraisal agencies.
I On getting Approval from SLNA of
DPR, financing plan & State level
coordination committee
30% of fee quoted
II On getting technical approval from
scheme’s / mission’s appraisal agency
60% of fee quoted
III On getting Administrative approval
from scheme’s / mission’s Directorate
10% of fee quoted
5. Providing services for Financial analysis and financial structuring of the projects
identified & proposed by ‘MCG’
I On Submission & Approval of
Financial Report
40% of contract charges
II After getting requisite project finance
for the infrastructure projects
identified in form of Loan & Grant
installment
60% of contract charges
6. Preparation of Rehabilitation Implementation Plan
I On Submission & Approval of Draft
Report
60% of contract charges
III On Submission of Final Report 40% of contract charges
7. Preparation of Environmental Impact Assessment Report & Environmental
Management Plan
I On Submission & Approval of Draft
Report
60% of contract charges
III On Submission of Final Report 40% of contract charges
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 52 -
8. Providing services for preparation of tender documents and Bid process
management of the projects for ‘MCG’
I Submission & Approval of draft bid
documents
30% of contract charges quoted
II On completion of support activities up
to receipts of bids containing progress
of tasks a) to g) of Clause 2.8 of
Section 2
30% of contract charges quoted
III On award of bids to contractors
containing progress of tasks a) to m)
of Clause 2.8 of Section 2
30% of contract charges quoted
IV Submission of Review and finalize the
Bidding Support and Pre-Construction
Services Report containing progress
of tasks a) to s) of Clause 2.8 of
Section 2
10% of contract charges quoted
9. Functioning as Project Management Consultant & technical auditor of ‘MCG’
for project execution.
I On carrying out activities as
mentioned in tasks a) and b) of Clause
2.9 of Section 2.
10% of contract charges quoted for
PMC & Technical Auditor
II On submission & Approval of
monthly progress report containing
progress of tasks c) to aa) of Clause
2.9 of Section 2.
85% of contract charges quoted for
PMC & Technical Auditor. The
consultant shall submit the monthly
invoices with submission of monthly
progress report for schedule 4 or work
supervision to the corporation based
on the approved payment percentage
by Consultant and divided into equal
monthly installment of estimated
project period (Construction period as
mentioned in the construction tender.)
III Submission & Approval of Project
closeout report
5% of contract charges quoted
IV Extension of Supervision Works Additional per month charges for the
extended time period as mentioned in
point no. II above
10. Providing Technical Transaction Advisory along with Financial and Legal
Assistance
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 53 -
I On Submission & Approval of First
Draft Report
30% of contract charges
II On Submission & Approval of Second
Draft Report
40% of contract charges
III On Submission of Final Report 30% of contract charges
11. Providing assistance for Supervision and Monitoring of Operation and
Maintenance (O&M) and asset management.
I On submission & Approval f monthly
progress report containing progress of
tasks a) to k) of Clause 2.11 of Section
2.
The consultant shall submit the
monthly invoices with submission of
monthly progress report or work
supervision to the Corporation based
on the approved payment percentage
by Consultant and divided into equal
monthly installment of estimated
project period (O & M period as
mentioned in the construction tender).
PCMC shall release 80% of invoices
as advance within seven days of
submission of invoice & amount of
20% shall be released after completion
of routine PCMC procedure.
12. Consultancy services for Architectural & Engineering designs of any
Housing/Institutional/Commercial/Public buildings or any other buildings or,
any other infrastructure project in which architectural designing is essential
I On the date of signing of Agreement. 5% of contract charges quoted (As
mobilization advance)
II
On submission of preliminary
drawings/designs along with the
estimates based on area basis and
acceptance of the same by the local
body.
10% of contract charges quoted
III
On submission of final architectural
drawings.
10% of contract charges quoted
IV
During preparation of basic working
drawing and details sufficient for
preparing item wise estimate.
10% of contract charges quoted
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 54 -
V
On submission of all the drawing
mentioned above and on acceptance
of the same by the local body.
10% of contract charges quoted
VI On submitting detailed specifications,
schedule of quantities, detailed design
of structure and services and Estimate
of costs and draft Tender documents
sufficient to invite tender.
10% of contract charges quoted
VII On submission of complete set of
drawings and details sufficient for the
work to commence at site.
10% of contract charges quoted
VIII Submission of draft bid documents 5% of contract charges quoted
IX On completion of support activities
up to receipts of bids
10% of contract charges quoted
X On award of bids to contractors 10% of contract charges quoted
XI Submission of Review and finalize
the Bidding Support and Pre-
Construction Services Report
10% of contract charges quoted
13. Consultancy services for Architectural, Engineering and Landscape designing of
the landscape projects
I On the date of signing of Agreement. 5% of contract charges quoted (As
mobilization advance)
II
On submission & Approval of
preliminary drawings/designs along
with the estimates based on area basis
and acceptance of the same by the
local body.
10% of contract charges quoted
III
On submission & Approval of final
architectural drawings.
10% of contract charges quoted
IV
During preparation of basic working
drawing and details sufficient for
preparing item wise estimate.
10% of contract charges quoted
V
On submission & Approval of all the
drawing mentioned above and on
acceptance of the same by the local
body.
10% of contract charges quoted
VI On submitting & Approval detailed
specifications, schedule of quantities,
detailed design of structure and
services and Estimate of costs and
10% of contract charges quoted
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 55 -
draft Tender documents sufficient to
invite tender.
VII On submission & Approval of
complete set of drawings and details
sufficient for the work to commence
at site.
10% of contract charges quoted
VIII Submission & Approval of draft bid
documents
5% of contract charges quoted
IX On completion of support activities
up to receipts of bids
10% of contract charges quoted
X On award of bids to contractors 10% of contract charges quoted
XI Submission of Review and finalize
the Bidding Support and Pre-
Construction Services Report
10% of contract charges quoted
14. Consultancy services for preparation of master plans of Urban Areas / Towns/
Villages including sector plans, city development plans, schemes townships,
layout plans of various schemes like Residential, Commercial, Institutional etc.
and preparation of Town Planning Schemes
I On the date of signing of agreement 10% of contract charges quoted (as
mobilization advance)
II On submission & Approval of
preliminary report/Plans
30% of contract charges quoted
III On submission & Approval of draft
report /plans
20% of contract charges quoted
IV On acceptance of final report /plan by
CTP or concerned STP/ DTP of
Town Planning Dept./Local body
30% of contract charges quoted
V Final Submission 10% of contract charges quoted
15. Consultancy services for preparation of Theme based projects like Film City,
Entertainment City, Knowledge City, etc.
I On the date of signing of agreement 10% of contract charges quoted (as
mobilization advance)
II On submission & Approval of
preliminary report/Plans
30% of contract charges quoted
III On submission & Approval of draft 20% of contract charges quoted
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 56 -
report /plans
IV On acceptance of final report /plan by
CTP or concerned STP/ DTP of
Town Planning Dept./Local body
30% of contract charges quoted
V Final Submission 10% of contract charges quoted
16. The surveying and demarcation work using total station machine/ GPS etc for
preparation of Base map, schemes, layout plans, and any other project/ work
The contract charges for survey, mapping and collection of data shall be quoted as per
following schedule:
I On submission & Approval of
Primary data
75% of contract charges quoted
II On verification of Submitted data 10% of contract charges quoted
III On Approval of Data 5% of contract charges quoted
The contract charges for providing software hard ware, training shall pay as below:-
I On Delivery of Software and
Hardware
40% of contract charges quoted
II Installation, Commissioning,
Training for two days
60% of contract charges quoted
17. Consultancy Services for Preparation of Urban Transportation Projects, OD
Surveys, comprehensive mobility plan, etc.
The contract charges for survey, mapping and collection of data shall be quoted as per
following schedule:
I On submission & Approval of
Primary data
75% of contract charges quoted
II On verification of Submitted data 10% of contract charges quoted
III On Approval of Data 5% of contract charges quoted
The contract charges for providing software hard ware, training shall pay as below:-
I On Delivery of Software and
Hardware
40% of contract charges quoted
II Installation, Commissioning,
Training for two days
60% of contract charges quoted
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 57 -
18. Providing assistance in preparation of Detailed Project Report (DPR) for Urban
Transport Planning Projects
I Submission & Approval of
sample site investigation report
15% of contract charges quoted
II Submission & Approval of draft
final report
40% of contract charges quoted
III Submission & Approval of final
detailed project report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
19. Providing assistance in preparation of Detailed Project Report (DPR) for Road
Network Design
I Submission & Approval of
sample site investigation report
15% of contract charges quoted
II Submission & Approval of draft
final report
40% of contract charges quoted
III Submission & Approval of final
detailed project report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
20. Consultancy services for preparation of Traffic Management Plans for
decongesting Towns including Traffic Engineering, Improvement of Traffic
Functions/ Rotaries etc/ Pedestrianisation, Cycle tracks, flow of traffic /
Proposals for appropriate solutions for management and regulation of traffic /
Parking projects etc in divisional head quarter towns
I On award of the project and signing
of the Agreement
10% of contract charges quoted as
mobilization advance
II On submission & Approval of
preliminary report / plans
20% of contract charges quoted
III On Submission & Approval of Draft
DPR
10% of contract charges quoted
IV On Submission of Final DPR to the
funding agency
20% of contract charges quoted
V On final approval/release of funds
from the funding agency and
acceptance of the same by the Local
body
20% of contract charges quoted
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 58 -
VI During the course of implementation
of the project, depending upon the
progress at site
20% of contract charges quoted
21. Consultancy services for "Preparation of Contractual / Concessional Agreements
in PPP Projects/Other Mega Projects and advice on other relevant legal issues"
I On appointment as mobilization
advance
10% of contract charges quoted
II On submission & Approval of Draft
concession and any of the Agreement
25% of contract charges quoted
III On Signing of Agreement between
Local body & PPP Operator.
45% of contract charges quoted
IV On Completion of the Project under
PPP model.
20% of contract charges quoted
22. Consultancy services for Survey and preparation of land acquisition proposals
for various projects / schemes / Master Plan Roads / Sector Plan / Roads etc.
I On award of the project and signing
of agreement
10% of contract charges quoted as
mobilization advance
II On submission & Approval of
physical survey / Base map of the
Project / Scheme and tentative
planning
20% of contract charges quoted
III On Submission & Approval of
Digitized Revenue Sheets and
superimposition on Survey / Base
Map
20% of contract charges quoted
IV On Submission & Approval of Draft
land Acquisition proposal
10% of contract charges quoted
V On submission of final land
acquisition proposal
20% of contract charges quoted
VI On submission of estimates of the
land / trees / structures / physical
features.
20% of contract charges quoted
23. Providing assistance in preparation of Detailed Project Report (DPR) for
Electrical & Power Supply Projects
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 59 -
I Submission of sample site
investigation report
15% of contract charges quoted
II Submission & Approval of draft
final report
40% of contract charges quoted
III Submission of final detailed
project report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
24. Providing assistance in preparation DPR of City Sanitation Plans
I Submission & Approval of
sample site investigation report
15% of contract charges quoted
II Submission & Approval of draft
final report
40% of contract charges quoted
III Submission of final detailed
project report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
25. Providing assistance in preparation of DPR for Rain Water Harvesting
I Submission & Approval of
sample site investigation report
15% of contract charges quoted
II Submission & Approval of draft
final report
40% of contract charges quoted
III Submission of final detailed
project report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
26. Providing assistance in preparation of DPR for Waste Water Recycling
I Submission & Approval of
sample site investigation report
15% of contract charges quoted
II Submission & Approval of draft
final report
40% of contract charges quoted
III Submission of final detailed
project report
40% of contract charges quoted
IV Submission of technical bid
documents
5% of contract charges quoted
3.1 Payments shall be made within fifteen days on receipt of invoice from the consultant(s).
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 60 -
3.2 Security deposit of 2% shall be deducted in every bill and which shall be released after
completing task.
3.2.1 If the security deposit is provided by the successful Consultant(s) in the form of a
Fixed Deposit Receipt (FDR) / Bank Guarantee, it shall be issued either by a
Nationalized/Scheduled bank of Rs. 1 Lakhs Only. This deposit amount of Rs. 1
lakhs shall be returned to the consultant(s) as soon as the total amount deducted in
every bill exceeds Rs. 1 Lakhs.
3.2.2 The security deposit if furnished in demand draft can, if requested, be converted to
interest bearing securities at the cost of the consultant.
3.2.3 Security deposit of the successful consultant shall be returned along with the final
bill of the contracting agency is accepted.
3.3 Contract for consultancy shall be till commissioning of the scheme which may be
extended as per requirement with mutually agreed terms and conditions.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 61 -
SECTION – 4: GENERAL CONDITIONS OF CONTRACT
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 62 -
GENERAL CONDITIONS OF CONTRACT
PART-I
INTERPRETATIONS AND DEFINITIONS
1. Singular and Plural where the context 'so requires, words importing the singular shall
also mean the pluran and vice versa.
2. Gender Words imparting the masculine gender shall also include the feminine gender.
3. Definitions
'‘Municipal Corporation” or ‘‘Corporation” shall mean ‘Municipal Corporation,
Gurgaon’
The 'Commissioner' shall mean the Commissioner of the ‘Municipal Corporation ’, for
the time being holding that office and also his successor and shall include any officer
authorized by him.
The 'Engineer' shall mean the Municipal Commissioner of the MCG or any other
officer or officers of the Municipal Corporation who is notified by the, MCG to carry
out the functions of the Engineer.
'Engineer's Representative/Engineer-In-Charge’ shall mean Engineer/ Sectional
Engineer /Junior Engineer or any other Municipal Corporation Employee or Employees
appointed from time to time by the Engineer to perform the duties here of and generally
to assist the Engineer for the purpose or the contract and whose, Corporation shall be
notified in writing to the Consultant by the Engineer
The 'Contract' shall mean the tender and acceptance thereof and the formal agreement
if any, executed between the Consultant, and the Municipal Corporation together with
the documents referred to there in including these conditions and appendices and any
special conditions, specifications, designs, drawings, price schedules, bills of quantities
and schedule of rates etc. All these documents taken together shall be deemed to form
one Contract and shall be complementary to one another. The order of precedence in
case of discrepancies shall be as under,
1. Contract Agreements
2. The letter of Acceptance
3. Notice inviting Tender &Instructions to Tenderer
4. Special Conditions of Contract
5. The General Conditions of Contract
6. Schedule of Rates & Quantities
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 63 -
7. The Technical specifications
8. The Drawings
9. Schedules & Annexure
The 'Consultant' shall mean the individual firm incorporated or not, proprietorship,
partnership, private limited or public limited firms undertaking the Works and shall
include legal representatives of such individual or persons composing such firms or
unincorporated companies or successors of such firms or companies or their associate
firms or as the case may be and permitted assigns of such individual or firm or
company.
'Contract charges' means the amount named in the letter of acceptance calculated as
per the rates approved in terms of percentage of the total project cost approved by
board of ‘MCG’ from time to time.
'Excepted risks' are risks due to riots (otherwise than among Consultants' employees)
and civil commotion (in so far as both these are Uninsurable), war (whether declared or
not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution,
insurrection, military or usurped power, any act of government, damage from aircraft,
acts of god, such as earthquake, lightning and unprecedented floods and other causes
over which the Consultant has no control and accepted as such by The Commissioner,
MCG.
“Total project Cost”, means – Total Cost of project as sanctioned by MCG including
escalation, contingencies applicable and revised time to time;
The 'Site' means the land and other places, on which the Works or temporary Works
are to be executed and any other lands and places provided by the Municipal
Corporation for working space or any other purpose as may be specifically designated
in the contract as forming part of the site.
'Urgent Works' shall mean any measures which in the opinion of the Engineer
become necessary during the progress or the Work to obviate any risk of accident
or failure or which become necessary for security.
The 'Works' shall mean the tasks to be executed in accordance with the contract or
part(s) there of as the case may be and shall include all extra or additional, altered
or substituted Works as required for performance of the contract.
'Temporary Works' shall mean all temporary tasks of every kind required in or
about execution, completion or maintenance of the Work.
'Drawing' shall mean the drawings referred to in the specification and any
modification of such drawings approved in writing by the Engineer and such
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 64 -
drawings as may from time to time be furnished or approved in writing by the
Engineer
'Approved' shall mean approved in writing including subsequent confirmation of
previous verbal approval and "Approval" shall mean approval in writing including
as aforesaid.
'Specification' means the specification referred to in the tender and any
modification there of or addition or deduction there to as may be the case, from
time to time be furnished or approved in Writing by the Engineer.
"Tender" means the Consultant's priced offer to the Municipal Corporation for
the execution and completion of the Works and the remedying of any defects there
in accordance with the provision of the Contract, as accepted by the Letter of
Acceptance.
'Letter of Acceptance' means the formal acceptance by the ‘Municipal
Corporation ’.
'Commencement Date' means the date upon which the Consultant receives the
notice to commence the work issued by the Engineer.
'Time for Completion' means the time for completing the execution of and
passing the Tests on Completion of the Works or any Section or part there of as
stated in the Contract (or as extended under Clause 83 calculated from the
Commencement Date.
The 'Annexure' referred to in these conditions shall means the relevant annexure
appended to the tender papers issued by the ‘Municipal Corporation ’.
PART – II
INSTRUCTIONS TO CONSULTANTS
4. Scope of Work: -
The Work to be carried out under the Contract shall, except as otherwise
provided in these conditions, include all labour, materials, tools, plant, equipment
and transport which may be required in preparation of and for and in the full and
entire Execution and completion of the Works. The descriptions given in the
schedule of Works /items / quantities and the Bills of Quantities shall unless
otherwise stated be held to include waste on materials, carriage and cartage
carrying in return of empties, Hoisting, setting, fitting and fixing in position and
all other labour necessary in and for the full and entire execution and completion
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 65 -
as aforesaid in accordance with good practice and recognized principles. Detailed
scope of work would be enumerated in detail along with letter of award of work.
5. Corrupt or Fraudulent Practices: -
The Municipal Corporation requires that the bidders/suppliers/ Consultants under
this tender observe the highest standards of ethics during the procurement and
execution of such contracts. In pursuance of this policy, the Municipal Corporation
defines for the purpose of this provision, the terms set forth as follows:
a) Corrupt practice means the offering, giving, receiving or soliciting of anything of
value to influence the action of the public official in the procurement process or in
contract execution, and
b) "Fraudulent practice" means a misrepresentation of facts in order to influence a
procurement process or a execution of a contract to the detriment of the
‘Municipal Corporation’, and includes collusive practice among bidders (prior to
or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the Municipal Corporation of the benefits of
the free and open competition.
The Municipal Corporation will reject a proposal for award if it determines that
the Bidder recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract in question.
6. Intimation to Successful Tenderers: -
The acceptance of tender may be communicated to the Successful Tenderer in
writing or otherwise either by the tender opening authority or any authorized person
in the ‘Municipal Corporation’.
7. Issue of Work Order: -
Work Order will be issued after execution of contract document (as per Annexure-3).
Time Frame / tentative duration of the assignment(s) shall be as defined in cause 4 of
Section 2. Any deviation shall be mentioned in the work order and mutually agreed
terms.
8. Contract Documents: -
The Consultant shall be furnished, free of charge, two certified true copies of the
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 66 -
contract documents.
9. Details to be Confidential: -
The Consultant shall treat the details of the Contract as private and confidential; save
in so far as may be necessary for the purposes thereof and shall not publish or
disclose the same or any particulars thereof in any trade or technical paper or
elsewhere without the previous consent in writing of the Engineer. If any dispute
arises as to the necessity of any publication or disclosure for the purpose of the
contract the same shall be referred to the Municipal Corporation whose decision shall
be final.
10. Official Secrecy: -
The Consultant shall, whenever required, take necessary steps to ensure that all
persons employed on any Work in connection with this Contract have noticed that
the India official Secrets Act 1923 (XIX of 1923) applies to them and shall continue
to apply even after execution of such Work under the Contract.
11. Assignment: -
The Consultant shall not assign transfer or attempt to assign. Transfer the Contract or
any part thereof or any benefit or interest therein or there under otherwise than by a
charge in favour of the Consultant's bankers of any Money due or to become due
under this contract, without the prior written Approval of the Commissioner, MCG.
12. Sub-Letting: -
The Consultant shall not sub-let or attempt to sub-let the whole of the Works. Except
where otherwise provided by the Contract, the Consultant can sub-let some part of
the Works to specialized sub consultants with the prior written approval of the
Engineer, which shall not be unreasonably with held and such approval, if given,
shall not relieve the Consultant from any liability or obligation under defaults and
neglects of any sub-Consultant, his agents, servants or Workmen as fully as if they
were the acts, defaults or neglects of the Consultant, his agents, servants or Workmen
Provided always that the engagement of labour on a . The Consultant shall be
responsible for observance by his sub-Consultants of the foregoing provisions.
13. Changes in Constitution: -
Where the Consultant is a partnership firm, the prior approval in writing of the
Commissioner, MCG shall be obtained before any change is made in the constitution
of the firm.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 67 -
14. Deleted
15. Consultants Staff: -
The Consultant shall employ in and about the execution of Works only such persons
as are skilled and are experienced in their respective skills and the Engineer shall be
at liberty to object to and require the Consultant to remove from the Works any
person, employed by the Consultant in or about the execution of the Works, who in
the opinion of the Engineer misconducts himself or is incompetent or negligent in the
proper performance of his duties and such person shall not be again employed upon
the Works without permission of the Engineer. Such persons shall be penalized and
further procedures shall be followed as per the instructions of the Corporation.
16. Personnel: -
The Consultant shall employ the key personnel named in the schedule of key
personnel or other personnel approved by the Engineer to carry out the functions.
The Engineer will approve any proposed replacement of key personnel only if their
qualifications, abilities and relevant experience are substantially equal to or better
than those of the personnel listed in the schedule.
17. Facilities to the Other Consultants: -
The Consultant shall, in accordance with the requirements of the Engineer, afford all
reasonable facilities to other Consultants engaged contemporaneously on separate
Contracts In connection with the Works and for departmental labour and labour of
any other properly organization authority or statutory body which may be employed
at the Site on execution of any Work not included in the Contract or of any Contract
which the Municipal Corporation may enter into in connection with or ancillary to
the Works.
18. Patent' Right and Royalties: -
The Consultant shall save harmless and indemnify the Municipal Corporation from
and against all claims and proceedings for or on account of infringement of any
Patent rights, design trademark or name of other protected rights in respect of any
constructional plant, machine Work, or material used for or in connection with the
Works or any of them and from and against all claims, proceedings. Damages, costs,
charges and expenses whatsoever in respect thereof or in relation thereto.
19. Notices to Local Bodies: -
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 68 -
The Consultant shall comply with and give all notices required under any
Government Authority, Instrument, rule or Order made under any Act of parliament,
state laws or any regulation or Bye-laws of any local authorities or public utilities
concern relating to Works. He shall before making any variation from the contract
drawings necessitated by such compliance give to the Engineer a notice giving
reasons for the proposed variation and obtained Engineer's instructions thereon.
20. Notices: -
Subject as otherwise provided in this contract all notice to be given on behalf of the
Municipal Corporation and all other actions to be taken on its behalf may be given or
taken by the Engineer or any officer for the time being entrusted with the functions,
duties and powers of the Engineer. All instructions, notices and communications etc.
under the contract shall be given in writing in English language only and if sent by
registered post to the last known place or abode or business of the Consultant shall
be deemed to have been served on the date when in the ordinary course of post these
would have been served on or delivered to him.
21. Use of B.I.S. Specifications: -
In case where no particular specification is given for any article to be used under the
contract, the relevant specification, where one B.I.S. exists, of the Bureau of Indian
Standards shall apply.
PART –III
TIME SCHEDULE AND DELAYS
22. Commencement Time: -
The time allowed for projects as specified in the contract documents shall be the
essence of the contract. The execution of the Works shall commence from the date
specified by the Engineer in writing."If the Consultant fails or neglects to commence
the execution of the Works as aforesaid, the Municipal Corporation shall without
prejudice to any other right or remedy be at liberty to forfeit the security deposit
absolutely.
For Survey: Depending upon the project type and time frame shall be mutually
decided. Any other deviation shall be mentioned in the work order.
23. Extension of Time due to unforeseen events: -
If the work be delayed by -(a) Force measure such as acts of God, act of public
enemy, act of government, floods, epidemics etc. or (b) Abnormally bad weather, or
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 69 -
I Serious loss or damage by fire, or (d) Civil commotion, local combination of
workmen, strike or lockout affecting any of the trades employed on the work, or (e)
Delay on the part of other Consultant or tradesmen engaged by the Municipal
Corporation in executing works not forming part of the contract or (f) delay due to
decision by Municipal Corporation or any other body (g) due to Corporator or
Contractor or any other reason which is not attributed to Consultant (h) The reasons
stated In condition No 26 and 27.(i) Any other cause, in the absolute discretion of the
Engineer. Then upon the happening of any such event causing delay, the Consultant
shall immediately give notice thereof in writing to the Engineer but shall
nevertheless use constantly his best endeavors to prevent or make good the delay and
shall do all that may be reasonable required to the satisfaction of the Engineer to
proceed with the work. Request for extension of time, to be eligible for consideration
shall be made by the Consultant in writing within 14 (fourteen) days of the
happening of the event causing delay. The Consultant may also, if practicable
indicate in such a request the period for which extension is desired. In any such case,
the engineer may give a fair reasonable extension of time for completion of
individual items or groups of items of work for which separate periods of completion
are specified in the contract or the contact as whole periods of completion are
specified in the contract or the contact as whole. The decision of the Engineer in
regard to the extension will be communicated to the Consultant in writing within a
reasonable time and the Consultant shall also be paid such compensation that in the
opinion of the Engineer is fair and reasonable to cover The decision of the Engineer
in regard to the extension will be communicated to the Consultant in writing within a
reasonable time.
24. Rate of Progress: -
If for any reason, which does not entitle the Consultant to an extension of time, the
rate of progress of the Works or any Section is at any time, in the opinion of the
Engineer, too slow to comply with the Time for Completion, the Engineer shall so
notify the Consultant who shall there upon take such steps as are necessary, subject
to the consent of the Engineer, to expedite progress so as to comply with the time for
Completion. The Consultant considers that it is necessary to do any Work at night or
on locally recognized days of rest, he shall be entitled to seek the consent of the
Engineer so to do. Provided that if any steps, taken by the Consultant in meeting his
obligations under this Clause, involve the Municipal Corporation in additional
supervision costs, such costs shall be determined by the Engineer and shall be
recoverable from the Consultant and may be deducted by the Municipal Corporation
from any monies due or to become due to the Consultant and the Engineer shall
notify the Consultants accordingly.
25. Suspension of Work: -
(a) The Consultant shall, on receipt of the order in writing of the Engineer, suspend the
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 70 -
progress of the Works or any part thereof for such time and in such manner as the
Engineer may consider necessary for any of the following reasons:
(i) On account of continued non-compliance of the instructions of the
Engineer or any other default on the part of the Consultant, or
(ii) For proper execution of the Works or part thereof for reasons other than the
default of the Consultant, or
(iii) For safety of the Works or part thereof. The Consultant shall, during such
suspension, properly protect and secure the Works to the extent necessary
and carry out the instructions given in that behalf by the Engineer.
PART - IV
BILLS AND PAYMENTS
26. Payments of Bills and Other Claims: -
a) The payment of bills and other claims arising out of the contract will be made by
RTGS or by bank cheque. The fees to be paid to the consultant shall be paid on the
applicable project cost including escalation as sanctioned by MCG form time to
time inclusive of all prevailing taxes and statutory taxes except service tax which
shall be paid at the rates applicable on the date of payment. The consultant shall
submit the monthly invoices for Schedule for work supervision to the Municipal
Corporation. The Fees shall be paid on monthly basis Equated over the
construction period as stipulated in execution tender.
PART-V
TERMINATION OF CONTRACT AND SETTLEMENT OF DISPUTES
27. Jurisdiction: -
27.1 In case of any claim, dispute or difference arising in respect of a contract, the cause of
action thereof shall be deemed to have arisen in MCG and all legal proceedings in
respect of any such claim, dispute or difference shall be instituted in a competent court
in the City of Gurgaon only.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 71 -
28. . Laws Governing The Contract: -
28.1 This contract shall be governed by the Indian Laws for the time being in force.
Annexure VI
PRICE VARIATION CLAUSE
If during the operative period of the contract as defined in condition (1) below, there shall be
any variation in the consumer Price Index (New Series) for industrial workers for Gurgaon /
New Delhi / NCR Centre as per the labour Gazette published by the commissioner of labour,
Govt. of Delhi / Haryana and or in the wholesale Price Index for all commodities prepared by
the office of economic Adviser, Ministry of industry, Government of India, or the prices of
petrol/oil and lubricants and major construction materials like bitumen, cement, steel, various
types metal pipes etc, then subject to the other conditions mentioned below, price adjustment
on amount of :
Man Power Component
Material Component
Petrol, Oil, Lubricant components,
Apart from these, no other adjustments shall be made to the contract price for any reasons
whatsoever. Component percentages as given below are as of the total cost of work put to
tender. Total of Man Power, Material & POL Components shall be 100 and other components
shall be as per actual.
Man Power Component - K1 : 80%
Material Component - K2 : 5%
POL Component - K3 : 15%
2) FORMULA FOR MAN POWER COMPONENT:
V1 = [ P ] x [ K1/100 x (L1 –Lo)/Lo]
Where
V1 = Amount of price variation in Rupees to be allowed for Man Power component
P = Cost of work done during the period under consideration calculated at the
basic rates as mentioned below utilized during the quarter under consideration.
K1 = Percentage of Man Power component as indicated above.
Lo = Basic Consumer Price Index for New Delhi / NCR Centre shall be average
consumer price index for the quarter preceding the month in which the last
date prescribed of tender falls.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 72 -
L1 = Average Consumer Price Index for New Delhi / NCR Centre for the quarter
under consideration.
3) FORMULA FOR MATERIAL COMPONENT:
V2 = [ P ] X [k2/100 x (M1 –Mo)/Mo]
Where
V2 = Amount of price variation in Rupees to be allowed for materials component.
P = Same as worked out for Man Power component.
K2 = Percentage of Material Component as indicated above.
Mo = Basic wholesale Price Index shall be average wholesale price index for the
quarter preceding the month in which to the last date prescribed for the receipt
of tender falls.
M1 = Average wholesale Price Index during the quarter under consideration.
4) FORMULA FOR POL (Petrol Oil Lubricant) COMPONENT:
V2 = [P] X [k3/100 x (P1 –Po)/Po]
Where
V3 = Amount of price variation in Rupees to be allowed for POL component.
P = Same as worked out for Man Power component.
K3 = Percentage of POL as indicated above.
Po = Average Price of H.S.D. at Gurgaon / NCR / Delhi during the quarter
preceding the month in which the last date prescribed for receipt of tender
falls.
P1 = Average price of HSD at Gurgaon / NCR / Delhi during the quarter under
consideration.
The following conditions shall prevail:
1) The Operative Period of the contract shall mean the period commencing from the date of
issue of the Tender Notice for this work to the Consultant and ending on the date which
the time allowed for the completion of the work specified in the contract or the actual date
of completion, whichever is later taking into consideration the extension of time, if any,
for completion of the work granted by Engineer-in-charge under the relevant clause of
this condition of contract in cases other than those where such extension is necessitated
on account of default of the contractor.
2) To the extent that full compensation for any rise or fall in costs to the Consultant is not
entirely covered by the provision of this or other clauses in the contract, the unit rate and
prices included in the contract shall be deemed to include amounts to cover the
contingency of such other actual rise or fall in costs.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 73 -
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 74 -
SECTION – 5: SPECIAL CONDITIONS OF CONTRACT
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 75 -
SECTION 5
SPECIAL CONDITIONS OF CONTRACT
Note: In case of any conflict between the Special Conditions of Contract incorporated
in this section with General Condition of Contract given in Section 4, the former
shall prevail over the latter.
1.0 General provision
1.1 Definitions
In addition to the definitions given in GCC, unless the context otherwise requires the
following terms whenever used in this contract have the following meanings
(a) “Applicable law“ means the law and any other instruments having the force of
law in India, as they may be issued and in force from time to time;
(b) “Consultant” means a sole bidder
(c) “GC” means general conditions of contract of Municipal Corporation,
Gurgaon ;
(d) “SC” means the special conditions of contract by which these general
conditions of contract may be amended or supplemented;
(e) “Government” means the Government of India;
(f) "State Government" means the State Government of Haryana
(g) “Municipal Corporation” means Municipal Corporation, Gurgaon
(h) “Local Currency” means Indian Rupees;
(i) “Personnel“ means persons hired by the consultant or by any sub consultant as
employee and assigned to the performance the services or any part thereof;
“Local Personnel“ means such persons who at the time of being so hired had
their domicile inside India and ‘Key Personnel’ mean the personnel referred to
in clause SC 4.2(a);
(j) “Party “ means the Municipal Corporation or the consultant, as the case may
be and parties means both of them;
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 76 -
(k) "Project Cost" ,means –Total Cost of project as sanctioned by MCG including
escalation, contingencies applicable from time to time;
(l) “Services” means the work to be performed by the consultants pursuant to this
contract for the purposes of the project, as described in Terms of reference
hereto;
(m) “Sub consultants “ means any entity to which the consultants sub contract any
part of the services in accordance with the provisions of Clause SC 3.7;
(n) “Third Party” means any person or entity other than the Central Government,
State Government, ‘Municipal Corporation’, Consultant or a Sub-Consultant;
(o) "‘Municipal Corporation’, means -"Municipal Corporation, Gurgaon";
represented by the Chief officer and shall include any official authorized by
him;
(p) “Technical Proposal” means the technical proposal submitted by the
consultant and accepted by the ‘Municipal Corporation’;
1.2 Relations between the parties
Nothing contained herein shall be construed as establishing a relation of
master and servant or of agent and principal as between the Municipal
Corporation and the consultants. The consultants, subject to this contract, have
complete charge of Personnel performing the services and shall be fully
responsible for the services performed by them or on their behalf hereunder.
1.3 Language
This contract has been executed in English, which shall be binding and
controlling language for all matters relating to or interpretation of this contract
1.4 Headings
The headings shall not limit, alter or affect the meaning of this contract.
1.5 Notices
1.5.1 Any notice, request or consent required or permitted to be given or made
pursuant to this contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered in
person to an authorized representative of the party to whom the
communication is addressed, or when sent by registered mail, speed post,
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 77 -
fax, email, telegram or facsimile to such party at the address specified in
the SC.
1.5.2 Notice will be deemed to be effective as specified in the SC.
1.5.3 A party may change its address for notice hereunder by giving the other
party notice of such change pursuant to the provisions listed in the SC with
respect to clause 1.5.2 above
1.6 Location
The Services shall be performed at such locations as approved by the
Municipal Corporation hereto and, where the location of a particular task is
not so specified, at such locations, whether in India or elsewhere, as the
Municipal Corporation may approve.
1.7. Authority of Member in charge
The member hereby authorize the entity specified in the SC to act on their
behalf in exercising all the consultants’ rights and obligations towards the
Municipal Corporation under this contract, including without limitation the
receiving of instructions and payments from the ‘Municipal Corporation’ .
1.8. Authorized Representatives
Any action required or permitted to be taken, and document required or
permitted to be executed, under this contract by the Municipal Corporation or
the consultants may be taken or executed by the officials specified in the SC.
2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION
OF CONTRACT
2.1 Effectiveness of Contract
This contract shall come into force and effect on the date (the “Effective Date") of the
‘Municipal Corporation’s notice to the consultants instructing the consultants to begin
carrying out the services. This notice shall confirm that the effectiveness conditions
that, if any, listed in the SC have been met.
2.2 Termination of contract for Failure to become Effective
If this contract has not become effective within such time period after the date of the
contract signed by the parties as shall be specified in the SC, either party may, by not
less than four (4) weeks written notice to the other party, declare this contract to be
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 78 -
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
The consultant shall begin carrying out the services at the end of such time period
after the effective date as shall be specified in the SC.
2.4 Expiration of contract
Unless terminated earlier pursuant to clause SC 2.9 hereof, this contract shall expire
when services have been completed and all payments have been made at the end of
such time period after the effective date as shall be specified in the SC.
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 Modification
Modification of the terms and conditions of this contract, including any modification
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 made by the other party.
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 and which makes parties performance
of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes, but is not limited to,
war, riots, civil disorder, earthquake, fire explosion, storm, flood or other
adverse weather conditions, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are within the power of
the party invoking Force Majeure to prevent), confiscation or any other action
by government agencies. and which makes a party’s performance of its
obligations under the contract impossible or so impractical as to be considered
impossible under the circumstances.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 79 -
(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 sub consultants or agents or
employees, nor (ii) any event which a diligent party could reasonably have been
expected to both [A] take into account at the time of the conclusion of this
contract and [B] avoid or overcome in the carrying out its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
(d) No Breach of Contract
The failure of a party to fulfill any of its obligations under the contract shall not be
considered to be a breach of, or default under this contract on so far as such inability
arises from an event of force Majeure, provided that the party affected by such an
event (a) has taken all reasonable precautions, due care and reasonable alternative
measures on order to carry out the terms and conditions of this Contract, and (b) has
informed the other Party as soon as possible about the occurrence of such an event.
Indirect Political Force Majeure Events: For purposes of Clause 27.1, Indirect
Political Event shall mean one or more of the following acts or events:
(i) an act of war (whether declared or undeclared), invasion, armed conflict or act
of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military
action, which prevents collection of Fees by the Concessionaire for a period
exceeding a continuous period of 7 (seven) days in an Accounting Year.
(ii) Industry wide or state wide or India wide strikes or industrial action which
prevent collection of Fares by the Concessionaire for a period exceeding a
continuous period of 7 (seven) days in an Accounting Year.
(iii)Loss of or serious accidental damage to the Project Area.
(iv) Epidemic.
(v) Sabotage, terrorism or the threat of such acts.
a) Political Force Majeure Events
Political Force Majeure Event shall mean one or more of the following acts or events:
I. Change in Law;
II. Unlawful or un-authorized or without jurisdiction revocation of, or any
political motivated reasons or or refusal to renew or grant without valid cause
any consent or approval required by the consultant to perform their respective
obligations under the Agreements, provided that such delay, modification,
denial, refusal or revocation did not result from the Consultant’s inability or
failure to comply with any condition relating to work.
III. GOI or GOH or any Governmental or Project Execution Entity has by an act
of commission or omission created circumstances that have a Material
Adverse Effect on the performance of its obligations by the consultant.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 80 -
Where the Force Majeure Event is a Political Force Majeure Event, Corporation shall
have to bear cost of such event by paying remuneration due for complete project or
projects for which consultant had performed their respective obligations. Upon
Termination by MCG on account of the Event of Political Force Majeure Events, the
Consultant shall be entitled to receive from MCG by way of Termination Payment
being a sum which is aggregate of the fair value of the contract sum and discounted
future cash flow as certified by the Statutory Auditors of the consultant.
2.7.2 No Breach of Contract
The failure of a party to fulfill any outfits 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 take all reasonable measures
to remove such party’s inability to fulfill its obligations hereunder with
minimum of delay.
(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 event 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 notice of the restoration of normal
conditions as soon possible.
(c) The parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.
2.7.4 Extension of Time
Any period 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.
2.7.5 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of
Force Majeure, have become unable to perform a material portion of the services, the
parties shall consult with each other with a view to agreeing on appropriate measures
to be taken in the circumstances.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 81 -
2.8 Suspension
The Municipal Corporation may by written notice of suspension to the consultants,
suspend all payments to the consultants hereunder if the consultants fail to perform
any of their obligations under this contract, including the carrying out of the services
provided that such notice of suspension (i) shall specify the nature of the failure and
(ii) request the consultant to remedy such failure within the period not exceeding
thirty (30) days after giving the consultants of such notice of suspension.
2.9 Termination
2.9.1 by the ‘Municipal Corporation ’
The Municipal Corporation may by not less than thirty (30) days written notice of
termination to the consultants (except in the event listed in paragraph (f) below, for
which there shall be a written notice of not less than forty five (45) days, such notice
to be given after the occurrence of the events specified in the paragraph (a) through (f)
of this clause SC 2.9.1 terminate this contract.
(a) If the consultants fail to remedy in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to clause GC 2.8
herein above , within thirty (30) day of receipt of such notice of suspension or
within such further period as the Municipal Corporation may have
subsequently approved in writing;
(b) If the consultants become ( or , if the consultants consist of more than one
entity , if any of their members become) 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 consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to clause SC 8 hereof ;
(d) If the consultants submit to the Municipal Corporation a statement which has
a material effect on the rights, obligations or interests of the Municipal
Corporation and which the consultants know to be false;
(e) If as the result of Force Majeure, the consultants are unable to perform a
material portion of the services for a period of not less than thirty (30) days;
or
(f) If the ‘Municipal Corporation’, in its sole discretion and for any reason
whatsoever, decides to terminate this contract.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 82 -
2.9.2 By the Consultants
The consultants may, by not less than thirty (30) days written notice to the
‘Municipal Corporation ’ , such notice to be given after the occurrence of any of the
events specified in paragraphs (a) through (d) of this clause SC 2.9.2, terminate this
contract.
(a) if the Municipal Corporation fails to pay any money due to the consultants
pursuant to this contract and not subject to dispute pursuant to clause 8 hereof
within 180(One Hundred eighty Days) after receiving written notice from the
consultants that such payment is overdue;
(b) if the Municipal Corporation is in material breach of its obligations pursuant to
this contract and has not remedied the same within180(One Hundred eighty
Days) ( or such longer period as the consultant may have subsequently agreed in
writing ) following the receipt by the MCG or the Consultants notice specifying
such breach;
(c) if, as the result of Force Majeure, the consultants are unable to perform a material
portion of the services for a period of 180(One Hundred eighty Days)
or
(d) If the Municipal Corporation fails to comply with any final decision reached as
a result of arbitration pursuant to clause SC 8 hereof.
2.9.3 Cessation of Rights and Obligation:
Upon termination of this Contract pursuant to Clauses SC2.2 or 2.9 hereof, or upon
expiration of this Contract to Clause SC2.4 hereof, 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 confidentially set forth in Clause SC3.3 hereof;
(iii)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 2.9.1 or 2.9.2 hereof, the Consultants shall, immediately upon dispatch or
receipt of such notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents prepared by
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 83 -
the Consultants and equipment and materials furnished by the ‘Municipal
Corporation’, the Consultants shall proceed as provided, respectively, by Clauses SC
3.9 or 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses SC 2.9.1 or 2.9.2 hereof, the
Municipal Corporation shall make the following payments to the Consultants (after
offsetting against these payments any amount that may be due from the Consultant to
the ‘Municipal Corporation’):
a) Payment for Services performed prior to the effective date of termination;
b) In the case of termination MCG shall reimbursement of any cost claimed incident
to the prompt and orderly termination of the Contract for work done up to the date
of such termination. The Consultant shall be entitled to \receive payment in
respect of amount due and payable for all works performed up to the date of
termination, if termination is for reasons not attributable to the Consultant.
c) In the case of termination MCG on account of Political Force Majeure Event
shall reimbursement of any cost claimed incident to the prompt , and future
discounted cash flows of future revenue and orderly termination of the Contract
for work done up to the date of such termination. The Consultant shall be entitled
to receive payment in respect of amount due and payable for all works performed
up to the date of termination, if termination is for reasons not attributable to the
Consultant.
The Consultant shall be responsible for the correctness of the information, data,
reports, documents, findings, etc. submitted by him.
2.9.6 Disputes about Events of Termination
If either Party disputes whether as event specified in paragraphs (a) through (e) of
Clause SC 2.9.1 or in Clause SC 2.9.2 hereof has occurred, such party may, within
45 days after receipt of notice of termination from the other Party, refer the matter
to arbitration pursuant to Clause SC 8 hereof, and this Contract shall not be
terminated on account of such event except in accordance with the terms of any
resulting arbitral award.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 84 -
3.0 OBLIGATIONS OF THE CONSULTANTS
3.1 General
3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe and effective equipment,
machinery, materials and methods. The Consultants shall always act, in respect of any
matter relating to this Contract or to the Services, as faithful advisors to the
‘Municipal Corporation’ , and shall at all times support and safeguard the ‘Municipal
Corporation’s legitimate interests in any dealings with sub-consultants or third parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law
and shall take all practicable steps to ensure that any sub-consultants, as well as the
personnel and agents of the Consultants and any sub-consultant comply with the
Applicable Law. If required the Municipal Corporation shall advise the Consultants in
writing of relevant local customs and the Consultants shall, after such notifications,
respect such customs.
3.2 Conflict of Interests
3.2.1 Consultants not to benefit from Commissions, Discounts, etc.
The remuneration of the Consultants pursuant to Clause SC 6 hereof shall constitute
the Consultants’ sole remuneration in connection with this Contract or the Services
and, subject to Clause SC 3.2.2 hereof, the Consultants shall not accept for their own
benefit any trade commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the discharge of their
obligations hereunder, and the Consultants shall use their best efforts to ensure that
any sub-consultants, as well as the personnel and agents of either of them, similarly
shall not receive any such additional remuneration.
3.2.2 Procurement Rules
If the Consultants, as part of the Services, have the responsibility of advising the
Municipal Corporation on the procurement of goods, works or services, the
Consultants shall at all times exercise such responsibility in the best interest of the
‘Municipal Corporation’. Any discounts or commissions obtained by the Consultants
in the exercise of such procurement responsibility shall be for the account of the
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 85 -
‘Municipal Corporation’.
3.2.2 Consultants and Affiliates not to engage in certain Activities
The Consultants agree that, during the term of this Contract and after its termination,
the Consultants and any entity affiliated with the Consultants, as well as any other
sub-consultant and any entity affiliated with such sub-consultant, shall be disqualified
from providing goods, works or services for any project resulting from or closely
related to the Services under this Contract to any Consultant/concessionaire.
3.2.3 Prohibition of Conflicting Activities
Neither the consultants nor their sub-consultants nor the personnel of either of them
shall engage, either directly or indirectly, in any of the following activities:
(a) During the term of this Contract, any business or professional activity in the
Governments’ country which would conflict with the activities assigned to them
under this Contract; or
(b) After the termination of this contract, such other activities as may be specified in
the SC.
3.3 Confidentiality
The Consultants, their sub-consultants and the personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this contract,
disclose any proprietary or confidential information relating to the project, the
Services, this Contract or the ‘Municipal Corporation’s business or operations without
the prior written consent of the ‘Municipal Corporation’.
3.4 Limitation of the Consultants’ Liability towards the Municipal Corporation
(a) Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the Consultants
in carrying out the Services, the Consultants with respect to damage caused by the
Consultants to the ‘Municipal Corporation’s property, shall not be liable to the
‘Municipal Corporation’:
(i) For any indirect or consequential loss or damage; and
(ii) For any direct loss or damage that exceeds
(A) The total payments for professional Fees for each schedules made or expected to
be made to the Consultants under this contract, or
(B) the proceeds the Consultants may be entitled to receive from any insurance
maintained by the Consultants to cover such a liability, whichever of (A) or (B) is
higher.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 86 -
(b) This limitation of liability shall not affect the consultants’ liability, if any, for
damage to third parties caused by the Consultants or any person or firm acting on
behalf of the Consultants in carrying out the Services.
3.5 Insurance to be taken by the Consultants
The Consultants (i) shall take out and maintain, and shall cause any sub-consultants to
take out and maintain, at their (or the sub-consultants’, as the case may be) own cost
but on terms and conditions approved by the ‘Municipal Corporation’, insurance
against the risks, and for the coverage's, as shall be specified in the Special Conditions
(SC), and (ii) at the ‘Municipal Corporation’s request, shall provide evidence to the
Municipal Corporation showing that such insurance has been taken out and
maintained and that the current premiums thereof have been paid. The risks and the
coverage's shall be as follows:
a. Third party motor vehicle liability insurance as required under Motor
Vehicles Act, 1988 in respect of motor vehicles operated in India by the
Consultants or their Personnel or any Sub-consultants or their Personnel for the
period of Services.
b. Third party liability insurance, with minimum coverage for Rs. 2 lakhs, during the
period of Services.
c. Professional liability insurance, with an adequate coverage equal to 2%
consultancy fees payable for respective schedules. The insurances cover for each
schedules shall be available as required under para 3.4 (a) (ii) of SC of the
Services.
d. ‘Municipal Corporation’s liability and workers’ compensation insurance in respect
of the Personnel of the Consultants and of any Sub-consultant, in accordance with
the relevant provisions of the provisions of the Applicable Law, as well as, with
respect to such Personnel, any such life, health, accident, travel or other insurance
as may be appropriate to be taken from Directorate of Insurance, Haryana or any
other insurance Company.
e. Insurance against loss of or damage to (i) equipment purchased in whole or in part
with funds provided under this Contract, (ii) the Consultants’ property used in the
performance of the Services, and (iii) any documents prepared by the Consultants
in the performance of the Services.
3.6 Indemnification of the ‘Municipal Corporation’ by the Consultant:
3.6.1 The Consultant shall indemnify, protect and defend at his own expense the
“‘Municipal Corporation”, its agents and its 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 foregoing clause 3.1.1.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 87 -
3.6.2 Consultant shall, at his own expense, upon request of ‘Municipal Corporation’ re-
perform the services in the event of Consultant’s failure to exercise the skill and
care required under foregoing clause 3.1.1.
3.6.3 Notwithstanding the provisions of the foregoing sections, the Consultant shall
have no liability whatsoever for actions, claims, losses or damages occasioned by
(i) ‘Municipal Corporation’ overriding a decision or recommendation of the
Consultant or requiring Consultant to implement a decision or recommendation
with which Consultant does not agree, or (ii) the improper execution of
Consultant’s instructions by agents, employees or independent Consultants of
‘Municipal Corporation’.
3.7 Consultants’ Actions requiring Municipal Corporation’s prior Approval
The Consultants shall obtain the ‘Municipal Corporation’s prior approval in writing
before taking any of the following actions:
(a) Appointing such members of the Personnel as are listed in Technical proposal
merely by title but not by name.
(b) Entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of the sub-consultant and the terms and
conditions of the subcontract shall have been approved in writing by the
Municipal Corporation prior to the execution of the subcontract, and (ii) that the
Consultants shall remain fully liable for the performance of the Services by the
Sub-consultant and its Personnel pursuant to this Contract; and
(c) The Consultants shall not use these documents for purposes unrelated to this
contract without the prior written approval of the ‘Municipal Corporation ’.
3.8 Reporting Obligations
The Consultants shall submit to the Municipal Corporation the reports and documents
specified in section 2 scope of work, in the form, in the numbers and within the time
periods as specified.
3.9 Documents prepared by the Consultants to be the Property of the ‘Municipal
Corporation ’
All plans, drawings, specifications, designs, reports and other documents prepared by
the Consultants in performing the Services shall become and remain the property of
the ‘Municipal Corporation’, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the
‘Municipal Corporation’, together with a detailed inventory thereof. The Consultants
may retain a copy of such documents, however the Consultants shall not use these
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 88 -
documents for purposes unrelated to this contract without the prior written approval of
the ‘Municipal Corporation’.
4.0 CONSULTANT’S PERSONNEL
4.1 General
The consultants shall employ and provide such qualified and experienced personnel as
are required to carry out the services.
4.2 Description of Personnel
(a) The titles, job descriptions and minimum qualification of the consultant's
minimum Key personnel are described in Annexure 1 of Section-2. The
estimated period of their engagement is to be indicated by the bidder in his
technical proposal.
(b) If the additional work is required beyond the scope of the services specified in
Terms of reference the estimated periods of engagement of key personnel set
forth in Technical proposal may be increased by agreement in writing between
the Municipal Corporation and the consultants; with a corresponding increase
in the fee to be paid to the consultants due to such additional work.
4.3 Approval of personnel
The key personnel and sub consultants listed by title as well as by name in Technical
Proposal and accepted by the Municipal Corporation shall deem to be approved by the
‘Municipal Corporation ’. In respect of other Key Personnel that the consultants
propose to use in carrying out of the service, in terms of para 4.4 of the SCC , the
consultants shall submit to the MCG or review and approval a copy of their
biographical data. If the Municipal Corporation does not object in writing (stating
the reasons for the objection) within twenty one (21) calendar days from the date of
receipt of such biographical data and (if applicable) such certificate, such key
personnel shall be deemed to have been approved by the ‘Municipal Corporation ’.
4.4 Removal and/or Replacement of Personnel
(a) Except as the Municipal Corporation may otherwise agree, no changes shall be
made in the Key Personnel. If, for any reasons beyond the reasonable control
of the consultants, it becomes necessary to replace any of the personnel, the
consultants shall forthwith provide as a replacement another person of
equivalent or better qualifications.
(b) If the Municipal Corporation (i) finds that any of the personnel has committed
serious misconduct or has been charged with having committed a criminal
action or (ii) has reasonable cause to be dissatisfied with the performance of
any of the personnel, then the consultants shall at the ‘Municipal
Corporation’s written request specifying the grounds therefore, forthwith
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 89 -
provide as a replacement a person with qualification and experience
acceptable to the ‘Municipal Corporation ’.
5.0 OBLIGATIONS OF THE ‘MCG’
5.1 Assistance and exemptions
Unless otherwise specified in the SC, the Municipal Corporation shall use its best
efforts to ensure that the Municipal Corporation shall:
(a) Assist the consultants, Sub consultants and Personnel in obtaining work
permits and such other documents as shall be necessary to enable the
Consultants, Sub consultants or Personnel to perform the services;
(b) Assist for the personnel and if appropriate, their eligible dependence to be
provided promptly with all necessary entry and exit visas, residence permits,
exchange permits and any other documents required for their stay in India;
(c) Provide to the consultants, sub consultants and personnel any such other
assistance as may be specified in the SC.
5.3 Changes in the Applicable Law
If after the date of this contract, there is any change in the Applicable Law with the
respect to taxes and duties which increase or decrease the cost or reimbursable
expenses incurred by the consultants in performing the services then the remuneration
and reimbursable expenses otherwise payable to the Consultants under this Contract
shall be increased or decreased accordingly by agreement between the parties hereto,
and corresponding adjustments shall be made to the ceiling amounts specified in
Clause SC 6.1(b).
5.4 Payment
In consideration of the Services performed by the consultants under this Contract, the
Municipal Corporation shall make to the Consultants such payments and in such
manner as is provided by the Clause SC 6 of this Contract.
6.0 PAYMENTS TO THE CONSULTANTS
6.1 Currency of Payment
All payments shall be made in Indian Rupees only.
6.2 Mode of Billing and Payment
Billing and payment in respect of the Services shall be made as follows:
The payment shall be made as given in payment schedule.
The fees to be paid to the consultant shall be paid on the applicable project cost
including escalation as sanctioned by MCG form time to time inclusive of all
prevailing taxes and statutory taxes at rates prevailing a time of submission of tender
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 90 -
except service tax which shall be paid at the rates applicable on the date of payment.
The Municipal Corporation shall cause the payment of the Consultants periodically as
given in schedule of payment above within fifteen days on receipt of invoice from the
consultant after the receipt by the Municipal Corporation of bills with supporting
documents. Only such portion of a monthly statement that is not satisfactorily
supported may be withheld from payment.
a. In case any consultancy services outside the scope of work is required to be
provided for successful completion of the assignment in any schedule, the same
shall be carried out by the consultants. Payments for such services shall be made
on the mutually agreed rates and other terms and conditions.
b. In case of any delays the Consultant shall be paid the total amount according to
the formula, (Delay in Time / Total Time) x total accepted Fees
7.0 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.
7.2 Operation of the Contract
The parties recognize that it is impractical in this contract to provide for every
contingency which may arise during the life of the Contract, and the parties hereby
agree that it is their intention that this contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either party believes that this Contract is operating unfairly, the parties
will use their best efforts to agree on such actions as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action pursuance to
this Clause shall give rise to a dispute subject to arbitration in accordance with Clause
8 hereof.
8.0 SETTLEMENT OF DISPUTES
8.1 Amicable Settlement
The parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Contract or the interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this contract which
cannot be settled amicably within thirty (30) days after receipt by one party on the
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 91 -
other party’s request for such amicable settlement may be submitted by either party
for settlement through arbitration in accordance with the following provisions:
8.2.1 If a dispute of any kind whatsoever arises between the Engineer Incharge and the
Consultant in connection with, or arising out of, the Contract or the scope of the
work, whether during the study period or after completion of the study and whether
before or after repudiation or termination of the Contract, including any dispute as to
any opinion, instruction, determination, certification or valuation of the Engineer
Incharge, the matter shall be in the first place, be referred in writing to the Engineer
Incharge within 180 days of its occurrence for review, with a copy to the ‘Municipal
Corporation’. If the Consultant fails to refer the dispute for review within 180 days,
the Engineer Incharge’s decision shall be final and binding on the Consultant. Such
reference shall state that it is made pursuant to this Clause. No later than the
fourteenth day after the day on which he received such reference, the Engineer In
charge shall give notice of his decision to the Municipal Corporation and the
Consultant. Such decision shall state that it is made pursuant to this Clause.
Notwithstanding the arising of any dispute, unless the Contract has already been
repudiated or terminated, the Consultant shall, in every case, continue to proceed with
the work with all due diligence and the Consultant and the Engineer In charge shall
give effect forthwith to every such decision unless and until the same shall have been
revised, as hereinafter provided.
8.2.2 If either the MCG or the Consultant disagrees with the decision of the Engineer In
charge, the decision shall then be referred by the MCG or by the Consultant, within
30 days of the decision of the Engineer In charge to the Satellite township scheme cell
constituted by the “MCG”. A copy of such reference shall also be endorsed to the
Engineer. The PIU shall give its advice in writing to the Municipal Corporation
within 180 days of receipt of notification by it. The PIU may call upon the Engineer
In charge and the Consultant to hear their case before giving its advice. The
Municipal Corporation shall then take appropriate decision on the said advice of the
PIU and communicate to the Consultant within 30 days failing which the advice of the
Committee shall be binding on the ‘Municipal Corporation’.
8.2.3 If a dispute of any kind whatsoever arises between the Engineer In charge and the
Consultant in connection with any discrepancy found to be exist between actual
payment or delay in payment and costs authorized to be incurred by the Consultants,
the Municipal Corporation may add or subtract the difference from any subsequent
payments with Interest at the rate of prime lending rate of State Bank of India plus
two percent for the period over and above fifteen days shall become payable as from
the above due date on any amount due by, but not paid on such due date.
8.2.3 If the decision of the Municipal Corporation reached on consideration of the advice
of the Project Implementation unit (PIU) is not acceptable to the Consultant, the
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 92 -
Consultant may notify the Municipal Corporation within 30 days of the receipt of the
said decision, failing, which the Municipal Corporation’s decision shall be final and
binding on the Consultant. The arbitration proceedings shall be conducted in
accordance with the Arbitration and Conciliation Act 1996, or any modification
thereof. The arbitrator shall give his decision within 4 months from the date of
reference of the dispute to him. The decision of the above said arbitrator shall be final
and binding on the MCG and the Consultant.
8.2.4 Miscellaneous
In any arbitration proceeding hereunder:
a. Proceedings shall, unless otherwise agreed by the Parties, be held in Gurgaon
b. The English language shall be the official language for all purposes.
9.0 FORECLOSURE
9.1 In the event that the Consultancy services has to be terminated for any reason
whatsoever during the currency of the consultancy contract, the Municipal
Corporation may, by not less than one eighty hundred (180) days written notice of
foreclosure (the expiry of the notice period whereof being the date of termination) to
the consultant, terminate the contract.
9.2 Upon termination of this contract, the consultant shall take necessary steps to bring
the work to a close in a prompt orderly manner and shall handover all the documents/
reports prepared by the Consultant up to and including the date of termination to the
‘Municipal Corporation’.
9.3 The Consultant shall be duly paid for the works carried out and services rendered till
the date of termination including the cost of infrastructure being created and
mobilized by the Consultant for the works being foreclosed.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 93 -
FORM 1: FORM FOR SUBMISSION OF PROPOSAL
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 94 -
FORM 1
PROPOSAL SUBMISSION FORM
(On letter head of the Consultant Leader)
Date:_________
To,
The Municipal Commissioner,
Municipal Corporation, Gurgaon
Gurgaon
Sub: Proposal for Empanelment of Consultants for Development of various works
identified by Municipal Corporation, Gurgaon
Ref: Tender Notice No.
Sir,
1. Having examined the completeness of Tender documents, studied the terms and
conditions of contract stipulated in the Tender documents, we the undersigned offer to
submit our proposal for ‘Empanelment of Consultants for Development of various
works identified by Municipal Corporation, Gurgaon’ as specified in the Terms of
Reference.
2. We undertake, if our proposal is accepted, to:
(i) Enter into the contract agreement within 30 days (Thirty) of issue of letter of award.
3. Unless and until a formal agreement is prepared and executed, this proposal together with
your written acceptance thereof shall constitute a binding contract between us.
4. We, (Name of Company) submit herewith our Proposal for selection of our firm as
Owners Consultant for the above mentioned Project. The submission comprises of;
i. Envelope-1: Covering letter as per Form-1 along with;
(i) Demand Draft No-----------dated ------- drawn on ---------- for Rs. 5,000/- as Bid
document/ Bid processing fee or receipt of payment issued by the Municipal
Corporation (please strike out whichever is not applicable) and
(ii) Tender Document
(iii)Technical Proposal
Envelope-2: Financial proposal
ii. Envelope – 3: Sealed Envelope -1 & Envelope - 2
5. The Proposal is being submitted by (Name of the consultant) in accordance with the
conditions stipulated in the TENDER.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 95 -
6. We have examined in detail and have understood the terms and conditions stipulated in
the TENDER Document issued by ‘Municipal Corporation ’. We agree and undertake to
abide by all these terms and conditions. Our Proposal is consistent with all the
requirements of submission as stated in the TENDER or any of the subsequent
communications from ‘Municipal Corporation ’. Our proposal contains no conditions.
7. The information submitted in our Proposal is complete, is strictly as per the requirements
stipulated in the TENDER document and is correct to the best of our knowledge and
understanding. We would be solely responsible for any errors or omissions in our
proposal.
8. The Consultancy Firm of satisfies the legal requirements and meets all the eligibility
criteria laid down in the TENDER.
9. We as the Consultant, designate Mr. (mention name, designation, contact address, phone
no. fax no. etc.,) as our Authorized Representative and Signatory who is authorized to
perform all tasks including, but not limited to providing information, responding to
enquires, entering into contractual commitments etc. on behalf of us in respect of the
Assignment.
10. We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely” Prevention of Corruption Act 1988”.
11. We certify that in preparation and submission of Technical and Financial information, we
have not taken any action which is or which constitutes a corrupt or fraudulent practice as
defined in the TENDER documents.
12. We agree to allow ‘Municipal Corporation’, at its option, to inspect and audit all
accounts, documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.
13. We understand that, the Municipal Corporation is not bound to accept any proposal that
they may receive.
14. This offer is valid for a period of 180 days from the date of opening of the bid.
Yours Faithfully
For and on behalf of:
Enclosures: As Above
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 96 -
APPENDIX 1: FORMS FOR TECHNICAL PROPOSAL
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 97 -
Form 2
Relevant Experience and Project Credentials in the Last 10 Years Which Best Illustrate
Qualifications (Please indicate details of the projects under each of the following
categories separately)
(As per eligibility criteria stated in clause 2 of letter of invitation)
The following information should be provided in the format below for each reference
assignment for which your firm, was legally contracted by the Employer stated below:
Project Name: Country:
Project location within Country: Professional Staff Provided by the firm:
Name of the Client: Professional Staff months provided by the
firm:
Address and contact person (Client)
Value of consultancy assignment:
Approx. Value of Services by the firm:
Start Date: End Date:
Name of Associated Firm (if any): No. of person-months professional staff
provided by associated firm:
Names of Key Professional Staff of the firm involved in the assignment:
Detailed Narrative Description of Project:
Description of Actual Services Provided:
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 98 -
PLEASE ATTACH THE CLIENT’S CERTIFICATE IN SUPPORT OF THE CLAIM OF
EXPERIENCE. IN CASE THE CLIENT’S CERTIFICATE IS NOT ATTACHED, THE
CLAIMED EXPERIENCE WILL NOT BE CONSIDERED.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 99 -
Form 3
Summary of proposed Key Personnel
S N Area of
Expertise
Name of
Expert
Date of
birth
Educational/professional
Qualification
Experience
Note:
1:- Above listed Key personnel shall not be replaced unless written permission of the
Municipal Commissioner, otherwise it will attract deduction in consultancy fees.
2:- The total replacement of the above Key personnel shall not be more than 25 %.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 100 -
Form 4
Format of Curriculum Vitae (CV) of proposed Key Personnel
Proposed Position on this Study :
Name of Firm :
Name of Staff :
Birth Date / Age :
Profession :
Year with the Firm :
Educational Qualification :
Employment Record & Present
Commitments
:
Period of Employment :
Employer :
Position Held :
Period of Employment :
Employer :
Position Held :
Period of Employment :
Employer :
Position Held :
Period of Employment :
Employer :
Position Held :
Period of Employment :
Employer :
Position Held :
Period of Employment :
Employer :
Position Held :
Period of Employment :
Employer :
Position Held :
Language :
Read Write Speak
English
Hindi
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 101 -
Certification :
I, the undersigned, certify that to the best of my knowledge and belief, this bio-data correctly
describes my qualification my experience and me.
Date :
Signature of Staff Member /
Authorized Official of the Firm
:
Authorized Official from the Firm :
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 102 -
APPENDIX – 2: FORMATS OF FINANCIAL PROPOSAL
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 103 -
FINANCIAL PROPOSAL
(On letter head of the Consultant)
(To be put in Envelope 2)
To,
The Municipal Commissioner,
Municipal Corporation, Gurgaon
Gurgaon
Sub: Proposal for Empanelment of Consultants for Development of various works
identified by Municipal Corporation, Gurgaon
Ref:
Sir,
We M/s. ______________________________________ (Consultant / Bidder) herewith
enclose Price Proposal for selection of my / our firm / organization as Owner’s Consultant for
Implementation of the above project.
(Authorized Representative of the Consultant)
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 104 -
Form 5
SCHEDULE OF SUMMARY PRICE PROPOSAL
Form 5- Part -I
SN Description of item
Fee (as percentage of Project cost as
approved by MCG from time to time)
In figures In words
1 Providing assistance in preparation of
Detailed Project Reports (DPR) including
write-ups, designs and estimates
(excluding survey) of the projects
identified in Development plan or City
Development Plan or proposed by ‘MCG’
for Projects.
2 Identification and Pre-Feasibility Report
of PPP Projects / Mega Projects
3 Assisting MCG for getting requisite
approvals from mission directorate and
their project appraisal agencies.
4 Providing services for Financial analysis
and financial structuring of the projects
identified & proposed by ‘MCG’
5 Preparation of Rehabilitation
Implementation Plan
6 Preparation of Environmental Impact
Assessment Report & Environmental
Management Plan
7 Providing services for preparation of
tender documents and Bid process
management of the projects for ‘MCG’
8 Functioning as Project Management
Consultant & technical auditor of ‘MCG’
for project execution.
9 Providing Technical Transaction Advisory
along with Financial and Legal Assistance
10 Providing assistance for Supervision and
Monitoring of Operation and Maintenance
(O&M) and asset management
11 Consultancy services for Architectural &
Engineering designs of any
Housing/Institutional/Commercial/Public
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 105 -
SN Description of item
Fee (as percentage of Project cost as
approved by MCG from time to time)
In figures In words
buildings or any other buildings or, any
other infrastructure project in which
architectural designing is essential
12 Consultancy services for Architectural,
Engineering and Landscape designing of
the landscape projects
13 Consultancy services for preparation of
master plans of Urban Areas / Towns/
Villages including sector plans, city
development plans, schemes townships,
layout plans of various schemes like
Residential, Commercial, Institutional etc.
and preparation of Town Planning
Schemes
14 Consultancy services for preparation of
Theme based projects like Film City,
Entertainment City, Knowledge City, etc.
15 The surveying and demarcation work
using total station machine/ GPS etc for
preparation of Base map, schemes, layout
plans, and any other project/ work
16 Consultancy Services for Preparation of
Urban Transportation Projects, OD
Surveys, comprehensive mobility plan,
etc.
17 Providing assistance in preparation of
Detailed Project Report (DPR) for Urban
Transport Planning Projects
18 Providing assistance in preparation of
Detailed Project Report (DPR) for Road
Network Design
19 Consultancy services for preparation of
Traffic Management Plans for
decongesting Towns including Traffic
Engineering, Improvement of Traffic
Functions/ Rotaries, etc./
Pedestrianisation, Cycle tracks, flow of
traffic / Proposals for appropriate
solutions for management and regulation
of traffic / Parking projects etc in
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 106 -
SN Description of item
Fee (as percentage of Project cost as
approved by MCG from time to time)
In figures In words
divisional head quarter towns
20 Consultancy services for "Preparation of
Contractual / Concessional Agreements in
PPP Projects/Other Mega Projects and
advice on other relevant legal issues"
21 Consultancy services for Survey and
preparation of land acquisition proposals
for various projects / schemes / Master
Plan Roads / Sector Plan / Roads etc.
22 Providing assistance in preparation of
Detailed Project Report (DPR) for Urban
Transport Planning Projects
23 Providing assistance in preparation of
Detailed Project Report (DPR) for Road
Network Design
24 Providing assistance in preparation of
DPR for Rain Water Harvesting
25 Providing assistance in preparation of
DPR for Waste Water Recycling
Total contract charges
(as percentage of total project cost
including professional charges, other
expenses, out of pocket expenses,
traveling cost & taxes applicable on date
of the submission of proposal except
service tax and related payments as per
Service Tax Rules 2011 or any other tax
substituting Service Tax, and value added
tax whichever tax shall be paid extra as
applicable on date and shall be over and
above the bid price)
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 107 -
Form 5- Part –II – Other Item Rates
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
1 Providing assistance for Regional & Urban
Planning Projects
Preparation of Perspective Policy Plan /
Vision Plan / Structure Plan
Per 1000
persons
Preparation of Development Plan Per 1000
persons
Preparation of Outline Development Plan Per 1000
persons
Preparation of Regional Master Plan Per 1000
persons
Preparation of Sub-City Plan Per 1000
persons
Preparation of Divisional Plan Per 1000
persons
Preparation of Zonal Plan Per 1000
persons
Preparation of Special Area Plan Per 1000
persons
Preparation of Ward Plan Local Area Plan Per 1000
persons
Preparation of Annual Plan Per 1000
persons
Preparation of Village Development Plan Per 1000
persons
2 Reconnaissance Survey is including Study of
survey sheet, Maps etc for pipe alignment
Treatment plant, pumping plant area by use of
Differential Geographical Positional System
(DGPS) and Total station, fixing pegs fixing apex
stones of size 15cm X 15cm X 60cm in precast
cc: 1:2:4 and preparation of alignment plan by
marking centre line with all types of compliance
if required as directed by Engineer in charge.
KM
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 108 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
3 Engineering and location Survey for treatment
plant, pumping plant and MBR area alignment
with by use of Differential Geographical
Positional System (DGPS) and Total station
including staking final area of pumping &
treatment plant area, establishing Bench marks
and carrying out profile and grid survey at 20m X
20m. grid and plotting the contour map of 0.5m
contour interval as directed by the Engineer-in-
charge.
Per sq Km
4 Taking cross-sections by use of DGPS and Total
station on either side 100 m from river, stream
canal, roads etc. at an interval of 500 meters
including within river section within bank and at
50 m interval on critical locations of entire stretch
of river and transmission mains as directed by
Engineer-in-charge.
Per One
Cross-
section
5 Carrying out detailed survey of Minor bridge site
including taking L section of Existing road/
nallah minimum three defined cross sections one
at upstream and second at downstream and one
virgin cross section at alternate proposed site
taking L-section of stream up to sufficient length
with chain and compass or modern Survey
instrument such as EDM/total station, etc, taking
three trial pits of size 2mX2mX3m and collecting
samples of bed material from trial pits for
ascertaining the silt factor and necessary tests etc
complete. And submitting reports from approved
laboratory as directed.
Job
6 Gauge marking on bridge pillars or where there is
no bridge pillar fixing of tide pole including
painting as directed including oil painting,
scaffolding, etc. complete.
Per
location
7 Marking of TBM/Level bench marks at various
Locations
Per
Location
8 Installation of PBM/Level bench marks at various
Locations
Per
Location
9 Providing & fixing of level poles including
painting as directed including oil painting
scaffolding etc. complete.
Per One
Location
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 109 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
10 Procurement of village map/forest map / land
plan from Forest/revenue authority for
preparation of land plan record, including
necessary payment for the plans and other
documents as required for this survey, plotting
and demarcation works etc. complete
No.
11 Preparation of land plans of road /pipes(new
alignment) with fixing boundaries on both sides
of center line of Road / Existing road up to road
boundary, including carrying out detailed plain
table survey along the centre line of the road,
showing details of permanent /semi permanent
structures , trees, telephone-lines, pipelines, field-
bunds, cross-roads up to 100 m or as directed,
plotting work of surveyed area etc. complete as
directed by engineer-in-charges.
km
Hydrological Studies
12 Taking water level (river gauging) observations
at 10 locations at 15 m. interval and should be
related to GTS datum. level shall also be
converted in on Meter
Per day
per
Location
13 Taking current meter observations of River. Per no./
Per day
Environmental Impact Assessment Study
14 Collection of Rainfall data L.S
Reporting
15 (a) Carrying out the detailed under water survey
to verify the siltation and calculate the total
storage and preparing the capacity curve for
10 m interval in all respect by taking L-
section of stream upto sufficient length by
means of EDM / Total station As directed by
Engineering-In-Charge.
Sq. km
(b) Condition assessment of weir including
carrying out required test etc. rotary hammer
test etc.
L.S.
16 Collection of water samples at 1 hour and 3 hours
after low water. At about 20 identified locations
as per local land use condition. These samples be
No.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 110 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
analyzed for chemical analysis etc.
17 Providing & carrying out video cassette hour
shooting of roads. Bridges, buildings, other
structures and programmes, including preliminary
survey, still shots moving shooting, transportation
of all equipments, persons required for shooting,
lighting arrangement as may be necessary,
editing, mixing titling , lettering, sounding
including cost of two colored cassette (C.D) of
approved quality etc. complete. As directed by
the Engineer-in-charge.
Cassette
hour
18 Preparing and carrying out video shooting of
roads, bridges, buildings, other structures and
programmes, including hiring of vehicles,
equipment for video shooting, titling, lighting,
mixing lettering, editing, including cost of two
color cassettes (C.D) of approved make and
quality etc. complete.
As directed by the Engineer-In-Charge
a. Within 50 km Day
b. Beyond 50 km Day
c. Work upto 5 hours per day only Day
19 Printing of drawing on AutoCAD in following
size with tracing on reproducing paper from
available sources etc. complete as directed by the
Engineer-in-charge
i) Ao 1165 x 817mm No.
ii) A1 817 x 570mm No.
iii) A2 570 x 396 mm No.
iv) A3 396 x 275 mm No.
V) A4 275 x 196 mm No.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 111 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
Geotechnical Investigations
20 A) Taking Trial bores for detailed investigations
in all type of strata for rivers, nallas 100 mm
(4”) boring using diamond drill machine
with NX bit including all materials such as
casing pipes and accessories, grease, steel
balls and other such materials and machinery
to site of work preserving the loose samples
in glass or plastic jar/ core samples serially
numbered at site of work and conveying the
same to the head quarter of concerned office
as directed. Recording the bore log data as
per BIS codes. Specification as directed by
Engineer-in-charge
a) up to hard murrum & boulder (over
burden)
i) diamond drilling M/c R.M.
b) in soft rock
i) diamond drilling by calyx M/c R.M.
c) in quartzite rock
i) diamond drilling M/C with NX bit double
tube
R.M.
ii) diamond drilling M/C with BX bit double
tube
R.M.
iii) diamond drilling M/C with AX bit double
tube
R.M.
d) in other rock
i) diamond drill R.M.
21 Mobilization of drilling equipment ,instrument
plant, instruments etc. for taking land bore
location
Per Rig
22 De mobilization of drilling equipment, instrument
plant, instruments etc. for taking land bore
location
Per Rig
23 Providing Tuntappa core boxes of jungle wood of
size 1.25 X 0.55 X 0.15 meter for preserving core
sample with all fixtures and fastening handles
locking arrangement etc. complete as directed by
Engineer- in- charge
No.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 112 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
24 Providing and maintaining temporary floating
platform as required 10 sq.mtr Size with platform
and /anchor's for erecting boring plant in standing
and flowing water with generator, safety
provision including all material, labours etc.
complete as directed by Engineer-in-charge
i) Mobilization No.
ii) Demobilization No.
25 Shifting boring platform as required with all
components and reinstalling at directed places,
including all charges of shifting
No.
26 Carrying out the Testing of core data from
authorized institute
No.
27 Preparation of area contour plans and marking
road levels on it in Geographical Information
System (GIS) format in UTM WGS 84 grid
format
Lump
Sum
28 Preparation of rendered 3d digital elevation
model existing and proposed cross sections in
UTM WGS 84 grid format
Lump
Sum
29 Preparing the Base Map database using satellite
Image
Per
Hectare
30 Creation of property maps and attributes Property
details & information about its occupants and
owners etc
Per no.
31 Generation of utility planning maps for Network
public Utility Technology.
Per
running
Km./utility
32 Creation of Infrastructure Network and Utility
Database using GPS technology
Per
running
Km./utility
33 Generation & Printing of reports, Per page
A 4 Per page
A3 Per page
A 2 Per page
A1 Per page
A 0 Per page
A 00 Per page
33 Scanning of Reports & Maps Per page
A 4 Per page
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 113 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
A3 Per page
A 2 Per page
A1 Per page
A 0 Per page
A 00 Per page
34 Data entry & creation of data base Per field
35 Providing web enabled GIS Integration Software Per
licenses
set.
36 Geospatial server Per
licenses
37 Processor Intel® Core™ i5-650 Processor
(3.20GHz 1333MHz 4MB)
Operating system: Genuine Windows 7
Professional 32 Total memory : 2 GB DDR3
1333MHz Display type : 23.0 " with
integrated 2.0M camera and multi-touch function
1920x1080 Hard drive device320GB Optical
device DVD Recordable (Dual Layer) Warrant
Three year parts and labour.
Per No.
38 Document Sheet-feed Scanner Versatile sheet-
feed duplex scanner Versatile: business cards,
forms, documents 50-sheet duplex ADF: up to 18
ppm/36 ipm Create a PDF or archive your
business cards TWAIN drivers NewSoft Presto!
Page Manager, IRIS Readiris OCR.
Per No.
39 HP Color LaserJet 5550 Printer series
Print resolution: up to 600 x 600 dpi, Print at up
to 28 ppm color, up to 28 ppm black,
Recommended monthly page volume: 2,500 to
10,000,Up to 5 trays, up to 1100 sheet input
capacity, HP PCL 6, PCL 5c, HP PS level 3
Emulation Work teams in SMBs
Per No.
40 Providing Server space as per requirement in
secured data center along with back up facilities
and disaster management with dedicated lease
line of 4 mbps.
Per TB
41 Data entry of Corporation Records Per Filed
42 Generating Municipal Bill to household inclusive
of property tax inclusive of Fire, street, water
charges, edu. cess etc.
Per
household
/per month
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 114 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
43 Providing of customized software for report
generation
Per man
month
44 Taking photographs of site/ properties etc in
digital format and supplied in database in jpg
format with VGA resolution
Per no.
45 Preparation of Walk Through, VR2 or higher
resolution
Per
Minute
Transportation Studies
1 Conveying B.M. from G.T.S. B. M. location to
starting of work area with Auto level including
closing the traverse etc. complete
B) Plain & Rolling Country
Km
2 Detailed topographical survey with total station
and L/S, C/S with auto level including carrying
out detailed geographical survey taking trialpits
of size 1 x 1 x 1 m at every 200m interval along
the centre line of road, for strata classification
showing details of permanent / semi-permanent
structures, trees, telephone lines, pipe lines, field
bunds cross roads upto 100 m or as directed
including down loading survey data digitization
and preparing plans and cross section ‘L’ section
including introducing necessary road Geometrics
working out quantities of various items in C.P. in
layers 5 copy with soft copy etc. complete as
director by Engineer-In-Charge area with Auto
level including closing the traverse etc. complete
B) Plain & Rolling Country
Km
3 Preparing detailed Plans & estimates of roads
confirming to guidelines of preparation of Road
Project by Govt. of Uttar Pradesh and IRC and
other relevant IRC codes including typing 5
copies in proper file including indexing and
paging with all types of compliance if required
from departmental completer with soft copy B)
Plain & Rolling Country
Km
4 Carrying our survey for Minor Bridge including
taking L-Section of existing road, two define
cross section for one of alternate proposed site,
taking L-Section of stream upto sufficient length
No.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 115 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
with Total Station of stream upto sufficient length
with Total Station taking three trial pits of size
2.00 x 2.00 x 3.00 m including dewatering and
collecting samples of bed materials from trial pit
fork ascertaining the silt facto unit test, specific
gravity test etc. complete as directed by the
Engineer-In-Charge
5 Carrying our Contour survey of Stream o U/S and
D/S of proposed bridge site, including total
station survey, taking levels at every 30 x 30
meter preparing contour map and supplying
computer prints in 5 sets etc. complete as directed
by Engineer-In-Charge
Sq km
6 Preparing plans and estimate of minor bridge
with the help of approved detailed survey data
given by the competent authority, including
typing 5 copies prints, site plans, proper filling,
indexing and paging with all types of compliance
if required from department etc. complete upto 30
m linear waterway including supplying soft copy
Each
7 Procurement of village map / forest map / land
plans from forest / revenue authority for
preparation of land plan record including
necessary payment for the plans, other documents
as required for this survey plotting and
demarcation on plan etc. complete
Km
8 Taking trial bores 150 mm (6” soft strata) dia in
soft strata and in soft rock including all materials
such as casing pipes and accessories oil grease
steel balls and such materials as required
(including conveying the materials and
machineries to site of work) preserving the loose
samples serially in glass / plastic jar on site of
work and conveying the same to H Q of
concerned office as directed including SPT test &
supply
RM
9 Taking trial bores 76.20 mm (3”) 0 for 50.80 mm
(2) core in by diamond drilling machine with “N
x Bit” with double tube core barel system
including preservation of core in standard core
boxes etc. complete with testing & result
RM
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 116 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
Providing trun tappa core boxes of jungle wood
of size 1.25 M x 0.15 M for preserving core
samples with all fixtures and fastening handles
locking arrangement etc complete
No.
10 Preparation of village wise land acquisition
proposal in 5 sets as required by Revenue
Authority including procurement of necessary
7/12 extracts and preparation of land schedule
tracing out if village maps taking out ammonia
prints (copies) colouring the same showing the
alignment on village map taking out 4 xerox
copies of questionnaires schedules of land to be
acquired respective 7/12 extracts and binding in
booklet (5 Nos.) as directed by Engineer-In-
Charge up to the state of submission of Land 1
km. 19543. Acquisition proposal and compliance
of remarks at all levels till final acceptance of
proposal etc. complete
Km
11 Item 3: Co-ordination for Joint measurement City
Survey Office / TILR shall carry out the joint
measurement survey after issuing notices to the
respective property owners. As there is not
sufficient manpower, equipment and funds
available with the land record department, this
activity always gets delayed. In this activity
consultant shall help City Survey Officers / TILR
to carry out joint measurement under their
guidelines. Consultant shall provide them all
necessary help to execute the job as early as
possible. Consultant shall assist them to prepare
joint measurement sheet on computer &
calculation of area statement so that, shall send
the proposal to the Special Land Acquisition
Officer for further activities.
Km
12 Co-ordination with Revenue Department to speed
up the Land Acquisition process up to Section 6
Notification. This activity consists of issuing
various notices to the property owners. As well
liaison with the colletor’s office, Divisional
Commissioner’s office & other Govt. office to
speed up the Section 4, Section 5A etc. (Assumed
No.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 117 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
20 properties per Km)
13 Co-ordination with Revenue Department to speed
up to the Land Acquisition process from Section
6 Notification to Award Declaration. This activity
consists of issuing various notices to the property
owners. As well liaison with the collector’s
office, Dividional Commissioner’s Office &
other Govt. office to speed up the Section 4,
section 5A etc. (Assumed 20 properties per Km)
No.
Material Testing
1 Soil / Murum Testing:
a) M.D.D. and 0.M.C.
b) Liquid limit, plasticity index, etc.
c) Field density test (Sand Replacement method)
d) Grain size Analysis
e) Lab CAR test
2 Cement / Fly Ash testing:
a) Fineness
b) Consistancy
c) Initial & Final Setting time
d) Compressive Strength
e) Sp. Gravity
3 Coarse Aggregate/Metal Testing:
a) Flakiness index, Elongation index, Combined
index.
b) Gradation
c) Abrasion value
d) Impact value
e) Water absorption
f) Sp. Gravity
g) Bulk Density
h) Crushing Value
4 Fine Aggr. Testing: (SAND)
a) Fineness Modulus/Sieve Analysis.
b) Silt Content
c) Moisture content Test.
5 Concrete Testing:
a) Compressive Strength Test (Cube)
b) Mix design including ingradient test
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 118 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
c) N.D.T. - U.S.P.V. Test (For 15 Points)
d) N.D.T. - U,S.P.V. (Additional Points)
f) Permeability Test.
g) Taking of core samples
6 Steel Testing:
a) Wt. variation, Ultimate Tensile Strength, %
Elongation, Bend-Rebend test
b) Wt. variation, Ultimate Tensile Strength, %
Elongation, Bend-Rebend test & 0.2% Proof
Stress
7 Brick Testing:
a) Water Absorption
b) Compressive Strength
8 Concrete Block Testing:
a) Water Absorption
b) Compressive Strength.
9 Paver Block Testing:
a) Water Absorption
b) Compressive Strength.
c) Abrasion
10 G.I. Pipe Testing :
a) Weight Variation
b) Thickness Variation
11 Tile Testing:
a) Flexural Strength
b) Water Absorption
c) Resistance to wear
12 Water Testing:
a) PH Value
b) Chloride & Sulphite Content
13 Plasticiser/ Admixture Testing:
a) PH Value
b) Relative Density
14 Test for Bitumen/Asphalt:
a Bitumen Extraction
b) Sieve Analysis/Gradation
c) Penetration / Grade of Bitumen
d) Marshall stability & Flow
e) Ductility
f) Stripping value of Road Aggregates
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 119 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
g) Job Mix Design for DBM/AC
h) Mix Design for GSB/Wet Mix Macadam
Human Resources / Technical Personnel for
Projects under Rs.100 Crores
1 Team Leaders Man
Month
2 Transportation Planner Man
Month
3 Highway Engineer
Man
Month
4 Structural Engineer Man
Month
5 Hydraulic Engineer Man
Month
6 Environmental Engineer Man
Month
7 Liasioning Expert Man
Month
8 Urban / Environment Planner Man
Month
9 Financial Analyst Man
Month
10 Legal Expert Man
Month
11 CAD Engineer Man
Month
12 Database Manager Man
Month
13 Architect Man
Month
14 Urban Designer Man
Month
15 Sanitation Engineer Man
Month
16 IT Expert Man
Month
17 PPP Expert Man
Month
18 Transaction Advisor Man
Month
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 120 -
Sr. No. Description Rate in
Rs. Per Unit
Total
in Rs.
19 GIS Expert Man
Month
20 Quantity Surveyor Man
Month
21 Infrastructure Expert Man
Month
22 Electrical Engineer Man
Month
23 Mechanical Engineer Man
Month
24 Urban Management Expert Man
Month
25 Utility Management Expert Man
Month
26 Infrastructure Designers Man
Month
27 Project Managers Man
Month
28 Engineer (with 5 yrs of experience) Man
Month
29 Engineer (with 5 to 10 yrs of experience) Man
Month
30 Engineer (with 10 to 15 yrs of experience) Man
Month
31 Engineer (with more than 15 yrs of experience) Man
Month
We understand that Municipal Corporation is not bound to accept any proposal that they may
receive.
Yours faithfully,
Signature
Full Name
Designation
Address
Tel Nos. (O) (R)
E-mail:
Fax No:
(Authorized Representative of the Consultant)
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 121 -
APPENDIX – 3: AGREEMENT FORM
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 122 -
Appendix 3
AGREEMENT FORM
(On appropriate Legal Stamp Paper)
This Agreement made this ………… day of ………………. 2013, between Municipal
Corporation, Gurgaon (MCG), (hereinafter called "The Authority”) on one hand and on the
other hand …………………………… (hereinafter called “The Agency”.)
Whereas the Agency has offered to perform certain services in this Contract No. …….
………………………. For “Empanelment of Consultants for Development of various
works identified by Municipal Corporation, Gurgaon”. The Municipal Corporation has
accepted the offer of the agency for the performance of such services.
Now this Agreement Witnesseth as follows:
1. The following documents shall be deemed to form and be read and construed as part of
this Agreement, namely:
(a) Tender Document & Proposal Submission Form
(b) The Conditions of Contract (General Conditions of Contract and Special
Conditions of Contract)
(c) The Appendices 1 to 3 (as per Tender Document)
(d) Section 2 – Scope of Work
(e) Section 3 – Payment Schedule
2. The mutual rights and obligations of the Municipal Corporation and the Agency shall be
set forth in the contract,
(a) The Agency shall carry out the Services in accordance with the provisions of the
contract,
(b) After issuing of work order to the successful bidder by MCG, MCG will give one
copy of work order to the Agency
(c) After completion of work, Final Bill with necessary completion report as per
Govt. procedure will be prepared and the Agency shall submit it to MCG for
approval of Municipal Engineer who will finally and issue the Completion
Certificate,
(d) The Client shall make the payments to the Agency(s) in accordance with the
Section 3.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 123 -
(e) Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
(f) Language
The Contract has been executed in the English language, which shall be the binding
and controlling language for all matters relating to the meaning of interpretation of
this Contract.
(g) Notices
Any notice, request or consent required or permitted to be given or made pursuant
to this Contract shall be in writing and 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 by registered mail, telex, telegram or
facsimile to such Party at the address specified to each other from time to time.
(h) Authorized Representatives :
Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Contract by the MCG or the Agency may be
taken or executed by the official’s specified from time to time or any other official
duly appointed.
(i) Taxes and Duties
All duties, taxes and other levies as applicable on date of submission of Tender
shall be payable by the Bidders (except service tax and related payments as per
Service Tax Rules 2011 or any other tax substituting Service Tax, and value added
tax whichever tax shall be paid extra as applicable on date and shall be over and
above the bid price) in respect of the transaction between the Bidders and their
vendors/sub-suppliers shall be included in the Proposal’s price and ‘Municipal
Corporation’ will entertain no claim on this behalf. All taxes, duties and levies
(except service tax and value added tax) in respect of the transaction between
‘Municipal Corporation’ and Bidders shall be included in the price quoted.
However, any increase in the statutory tax after submission of bid shall be on
‘Municipal Corporation’s account and shall be reimbursed on actual basis
wherever there is any increase. Service tax and value added tax is not included in
the bid price quoted by bidder and shall be paid over and above the price quoted at
the rates prevailing on the date of each payment. Any other tax applicable after
submission of tender shall be borne by MCG.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 124 -
3. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION
OF CONTRACT
Effectiveness of Contract
This Contract shall come into effect on the date of signing of this Agreement.
The Agency shall begin carrying out the Services immediately on issue of Work Order.
The agreement shall be executed on nominal Rs.100 stamp paper however agreement
may be send for adjucation to registrar of stamps for valuation of stamp duty in due
course of time, the party on second part shall have to bear the additional stamp duty
charges if applicable.
Time period
The time period of Agency for each project under the contract shall be same as that of
mentioned in the tender document of the appointed execution agency of the said project.
Any extension of time period being granted to the appointed execution agency by
Authority shall automatically shall be applicable to the Agency also however the
Agency shall be liable to received additional remuneration based on prorate basis as per
mutually agreed terms.
Expiration of Contract
Unless terminated earlier, this contract shall expire when all services required for all
project for which services have been rendered by Agency are completed and all
payments have been made at the end of such time period after the effective date of work
order however for providing services for a particular execution work for supervision the
time period specified in the execution tender shall be deemed to be the time period of
Agency for work supervision and such extension of time as may be granted to the work
execution shall be granted to Agency with his consent and additional cost implications.
Modification
Modification of the terms and conditions of this contract, including any modification of
the scope of the services or of the contract price, may only be made by written
agreement between the parties. However the Agency shall be liable to received
additional remuneration based on prorate basis as per mutually agreed terms.
Force Majeure
a) Definition
I. For the purposes of this contract, “Force Majeure” means an event which is
beyond the reasonable control of a party and which makes parties performance
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 125 -
of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes, but is not limited to,
war, riots, civil disorder, earthquake, fire explosion, storm, flood or other
adverse weather conditions, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are within the power of
the party invoking Force Majeure to prevent), confiscation or any other action
by government agencies and which makes a party’s performance of its
obligations under the contract impossible or so impractical as to be considered
impossible under the circumstances.
II. Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a party or such party’s sub Agencies or
agents or employees, nor (ii) any event which a diligent party could
reasonably have been expected to both [A] take into account at the time of the
conclusion of this contract and [B] avoid or overcome in the carrying out its
obligations hereunder.
III. Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
b) No Breach of Contract
The failure of a party to fulfill any of its obligations under the contract shall not be
considered to be a breach of, or default under this contract on so far as such inability
arises from an event of force Majeure, provided that the party affected by such an
event (a) has taken all reasonable precautions, due care and reasonable alternative
measures on order to carry out the terms and conditions of this Contract, and (b) has
informed the other Party as soon as possible about the occurrence of such an event.
Indirect Political Force Majeure Events: For purposes of Clause 27.1, Indirect
Political Event shall mean one or more of the following acts or events:
(i) an act of war (whether declared or undeclared), invasion, armed conflict or
act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or
military action, which prevents collection of Fees by the Concessionaire for
a period exceeding a continuous period of 7 (seven) days in an Accounting
Year.
(ii) Industry wide or state wide or India wide strikes or industrial action which
prevent collection of Fares by the Concessionaire for a period exceeding a
continuous period of 7 (seven) days in an Accounting Year.
(iii) Loss of or serious accidental damage to the Project Area.
(iv) Epidemic.
(v) Sabotage, terrorism or the threat of such acts.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 126 -
c) Political Force Majeure Events
Political Force Majeure Event shall mean one or more of the following acts or events:
I. Change in Law;
II. Unlawful or un-authorized or without jurisdiction revocation of, or any
political motivated reasons or or refusal to renew or grant without valid cause
any consent or approval required by the Agency to perform their respective
obligations under the Agreements, provided that such delay, modification,
denial, refusal or revocation did not result from the Agency’s inability or
failure to comply with any condition relating to work.
III. GOI or GOM or any Governmental Agency has by an act of commission or
omission created circumstances that have a Material Adverse Effect on the
performance of its obligations by the Agency.
Where the Force Majeure Event is a Political Force Majeure Event, corporation shall
have to bear cost of such event by paying remuneration due for complete project or
projects for which Agency had performed their respective obligations. Upon
Termination by MCG on account of the Event of Political Force Majeure Events, the
Agency shall be entitled to receive from MCG by way of Termination Payment being
a sum which is aggregate of the fair value of the contract sum and discounted future
cash flow as certified by the Statutory Auditors of the Agency.
d) Extension of Time on account of Force Majeure
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. For Extended period
Agency shall be paid at prorate basis for the services rendered during the extended
time period.
Foreclosure of Contract
By Municipal Corporation, Gurgaon
The MCG may terminate this Contract, by One Hundred Eighty (180) days written
notice to be issued by Municipal Commissioner, MCG, of termination to the Agency,
to be given after the occurrence of any of the event specified in paragraphs (a)
through (d) of this Clause.
a) If the Agency does not remedy a failure in the performance of their obligations
under the Contract, within one eighty (180) days after being finally notified or
within such further period as the MCG may have subsequently approved in
writing.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 127 -
b) If the Agency becomes insolvent or bankrupt as per laws of insolvency.
c) If, as the result of Force Majeure, the Agency is unable to perform a material
portion of the Services for a period of not less than one eighty (180) days, or
such further period as the MCG may have subsequently approved in writing.
d) If the Agency, in the judgment of the MCG, has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
For the purpose of this clause:
“Corrupt practice” means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the selection process or in contract
execution.
“Fraudulent practice” means a misrepresentation of facts in order to influence a
selection process or the execution of a contract to the detriment of the MCG and
includes collusive practice among Agency (prior to or after submission of proposals)
designed to establish prices at artificial non-competitive levels and to deprive the
MCG of the benefits of free and open competition.
Payment upon Termination
Upon termination of this Contract, the MCG shall make the following payments to the
Agency.
d) Payment for Services performed prior to the effective date of termination;
e) In the case of termination MCG shall reimbursement of any cost claimed
incident to the prompt and orderly termination of the Contract for work done
up to the date of such termination. The Agency shall be entitled to \receive
payment in respect of amount due and payable for all works performed up to
the date of termination, if termination is for reasons not attributable to the
Agency.
f) In the case of termination MCG on account of Political Force Majeure Event
shall reimbursement of any cost claimed incident to the prompt , and future
discounted cash flows of future revenue and orderly termination of the
Contract for work done up to the date of such termination. The Agency shall
be entitled to receive payment in respect of amount due and payable for all
works performed up to the date of termination, if termination is for reasons not
attributable to the Agency.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 128 -
4. The Agency shall be responsible for the correctness of the information, data, reports,
survey, documents, findings, etc. submitted by him.
5. OBLIGATIONS OF THE AGENCY
General
Entirety & Construction of Agreement
This agreement contains the entire agreement by and between the parties hereto with
respect to the Consultancy Works and all previous communications relative hereto are
superseded unless otherwise incorporated herein.
Standard of Performance
The Agency shall perform the Services and carry out his obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe methods. The Agency shall
always act, in respect of any matter relating to this Contract or to the Services, as
faithful advisers to the MCG. The Agency shall provide Three Hard copies & one soft
copy of all reports/ plans etc. to the Authority in the provided cost however extra copies
of the same if demanded by the Authority has to be provided by the Agency at going
market rates at that time. Any demonstrative or display model or film documentary
broachers, animation etc. related to the scheme has to be prepared by the Agency &
supplied to the Authority at the mutually agreed rates based on going market trends at
that time. The Authority shall pay these charges over & above the agreed compensation
immediately on submission of invoice from the agency to the Authority.
Conflict of Interests
6. Confidentiality
The Agency shall not, either during term or within two (2) years after the expiration of
this Contract, disclose any proprietary information relating to the Project, the services,
this Contract, or the MCG’s business or operations without the prior written consent of
the MCG.
6.1 Documents prepared by the Agency to be the Property of the MCG after making
payment to the Consultant.
The language of the report shall be in English.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 129 -
All plans, drawings, specifications, designs, reports and other documents and software
submitted by the Agency shall become and remain the property of the MCG and the
Agency shall, not later than upon termination or expiration of this Contract, deliver all
such documents and software to the MCG together with a detailed inventory thereof.
The Agency may retain a copy of such documents and software.
7. SETTLEMENT OF DISPUTES
Amicable settlement
The parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this contract or the interpretation thereof.
Dispute settlement
Any dispute between the parties as to maters arising pursuant to this contract which
cannot be settled amicably within thirty (30) days after receipt by one party of the other
Party’s request for such amicable settlement may be submitted by either Party for
settlement to the Municipal Commissioner then an arbitrator as may be specified in the
SC.
Arbitrators
For arbitration under the provisions of the Arbitration and conciliation Act 1966 and the
decision of the Arbitrator shall be final and binding on the Parties.
Penalty for Material Breach of Contract:
On the breach of any term or condition of this contract by the Agency, and as a
consequence any amount becomes due to the MCG by the Agency then the Municipal
Commissioner shall be entitled to forfeit the amount equivalent to five percent of the
Security deposit and to realize and retain the same as damages and compensation for the
said breach.
In the event of MCG being in Material Breach of this Agreement MCG shall pay to the
Agency as compensation, all direct additional costs actually suffered or incurred by the
Concessionaire arising out of such Material Breach by MCG, in one lump sum amount
within 30 (thirty) days of receiving the demand.
Retention of security Deposit shall be made without prejudice to the right of the
Municipal Commissioner to recover any sums as damages as per the Contract from any
sum due or which may become due to the Agency or the Authority.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 130 -
Jurisdiction
The applicable jurisdiction for the Contract shall be the courts at Haryana.
8. Approvals
Any approvals to be obtained by either party from the other under this Agreement shall
not be unreasonably delayed, denied or withheld.
9. Co-Operation Between Parties
The parties hereto shall fully co-operate with each other in order to ensure timely and
successful completion of the services by Agency. It is, however, understood and agreed
to by and between the parties hereto that the parties shall work in close co-operation
with each other at all times in order to ensure timely completion of the project. The
Authority shall bring to the notice of the Agency any previous & existing work / scheme
in progress executed in the water sector & shall execute all existing & future works in
concurrence with the Agency in order the smooth facilitation of the scheme proposed by
the Agency.
10. Extended and Additional Services
Agency shall, on the Authority’s written request, provide the Authority extended
services for extended time on price which includes professional charges based on cost
escalation due to time and additional items also additional services on the Consultancy
works may be provided, which are not specifically covered under this Agreement. The
compensation and other terms and conditions for such additional services shall be
mutually discussed and shall be at par with the quoted rates for similar work & on
mutually agreed rates for different work upon by and between the parties.
11. In case of any bureaucratic or political hurdle like Authority not accepting the tenders of
the execution of the work undertaken under the purview of the said scheme than the
Agency will be entitled for payment of last installment within three months from the
date of work order irrespective of any other condition as mentioned in this agreement.
12. CONTRACT FEES:
The total Contract Price payable shall be at item rate as mentioned in the price bid (plus
service tax or any other tax replacing service tax as applicable of date of payment) and
value added tax whichever tax payable over and above the price quoted on the approved
Project Cost as sanctioned by the Authority from time to time. The Breakup of each
component of scope of work is mentioned in Annexure 1 of this agreement.
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 131 -
Payment shall be made within 15 days of receipt of the invoice and within 60 days in the
case of the final payment. Statutory Fees/ Revenue payable to various government
bodies for getting approvals shall be paid directly to concerned department by the
Authority.
In witness whereof the parties hereto have caused this Agreement to be signed in their
respective hands as of the day and year first before written.
Signed Sealed & Delivered by
FOR AND ON BEHALF OF THE MCG
By
For Municipal Corporation, Gurgaon
……………………………………………………….
FOR AND ON BEHALF OF THE AGENCY
By
For
………………………………………………………….
Witness:
1. ………………………………….
2. ………………………………….
Signatures of Standing Committee Member:
1. …………………………………...
2.……………………………………
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 132 -
S. NO. PARTICULAR
1 Annexure 1 : Summary – Financial Proposal
2 Annexure 2 : Scope of Work
3 Annexure 3 : Payment Schedule
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 133 -
ANNEXURE 1
SCHEDULE OF SUMMARY PRICE PROPOSAL
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 134 -
ANNEXURE 2
SCOPE OF WORK
Signature of Tenderer Signature of Engineer-In-Charge -Page No. 135 -
ANNEXURE 3
SCHEDULE OF PAYMENT
.