Empanelment-2014

Office of the Engineer-In-Chief Public Health Engineering Department Jal Bhawan, Banganga, Bhopal 462 003

E-mail - sepheprocho@mp.gov.in Telephone - 0755 2779411-12

No. 24/ProCell/ENC/PHED/2016-17 Bhopal Dt. 11-05-2017 Detailed Notice Inviting Expression of Interest (EoI) for Empanelment of the Consultants/Consultancy Firms for Preparation of Detailed Project Report (including Survey & Investigation, Designing, Drawing and Preparation of Estimates etc.) for Single or Group or Other Drinking Water Supply and/or Solid & Liquid Waste Management (SLWM) Schemes in the Various Rural Habitations of Madhya Pradesh.

Public Health Engineering Department, Madhya Pradesh (MPPHED) intends to empanel qualified, experienced and resourceful agencies to prepare Detail Project Report (DPR) including survey, investigation, designing, drawing, preparation of estimate etc. for S ingle, group or other drinking water supply and Solid & Liquid Waste Management (SLWM) schemes for rural, urban & semi urban areas of the state. The empanelled agencies have to work for Public Health Engineering Department, Madhya Pradesh.

MPPHED invites expression of interest for empanelment of agencies to indicate their interest in providing these services. The agencies have to provide information in the attached format with all the supporting documents for all the credentials claimed. Empanelment will be done on basis experiences, available human resources and financial capacity in the related field and they would also be categorized on the basis of the criteria. The empanelment will valid for two years from the date of enplanement. Only empanelled agencies will be eligible to submit financial and technical bids/proposals separately whenever required by the MPHED for preparing DPR of Single or group or other water supply schemes in any part of State. Financial and technical bids/proposals can be invited by the E-in-C/Chief Engineer offices f r o m t h e e m p a n e l l e d a g e n c i e s .Sealed offers are invited for the above mentioned work in the office of the Engineer-in-Chief, Public Health Engineering Department, Jal Bhawan, Banganga, Bhopal, M.P. on or before date 26.05.2017 upto 05:30 P.M..

Empanelment-2014

The consultants intending to participate in the offer are required to deposit empanelment fee of Rs. 25000/‐ (Rs. Twenty Five Thousand)

only through demand draft in the name of DDO, O/ o t he Engineer-in-Chief, Public Health Engineering Department, Bhopal, M.P. This fee will be non refundable. Application without fee will not be entertained. The submission of an offer by a consultant implies that he has read the detailed EOI and all other documents. The detailed EOI is available on Department's web site ‐ www.mpphed.gov.in.

(1) Eligibility Criteria for Consultants/Agencies ‐

The Consultant shall have an experience of preparation of DPRs of similar works related to Engineering, Survey, Designing, Drawing, Estimation and preparation of DPR for Water Supply and/or Solid & Liquid Waste Management (SLWM) amounting to a total ( D P R E s t i m a t e d C o s t ) of Rs. 3.00 Crore (During last 5 years). Such schemes should have been approved by the competent Technical Authority. Supporting document shall be submitted with the proposal.

The Average annual turnover of the firm should not be less than

Rs. 1 Crore during last 5 year. Certificate of Charted Account shall be furnished with the proposal.

The Consultant shall submit experience certificate of successful

completion of similar work issued by an officer not below the rank of Executive Engineer. The agency should have minimum one Water Supply and Sanitation/ Public Health Engineer with minimum qualification of M.E./ M.Tech. in PHE or Environmental Engineering and one Structural Engineer with minimum qualification M.E./M.Tech in Structural Engineering (both with minimum 5 years experience) in their employment.

The Consultant should have the suitable software for different

components of the DPR like Barrage, Intake well, Pumping Main/Gravity Main, Treatment Plant, Over Head Tanks, Under Ground Tanks, Distribution System (Loop and Branched Network), Civil Structures, Drawing etc.

Joint venture agencies/Consulting firms are also eligible to

participate in the offer, but the registration of joint venture is pre requisite condition. In case of any dispute, it will be the sole responsibility of leading partner of firm, i.e., the first who has participated in the offer.

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(2) The Consultants already Empanelled with Madhya Pradesh Jal Nigam Maryadi t need not to apply for this empanelment as they w i l l be t reated as empanel led agencies for the above said w ork. However, such empanel led consul tants have to g ive their consent in wr i t ing to the MPHED to work on the terms and condit ions of th is EOI or as speci f ied by the Department . Val idi ty of MPJNM empanel led agencies w i l l expire w ith thei r val idi ty in MPJNM.They w i l l a lso need to deposi t the empanelment fee, as ment ioned ear l ier .

(3) Screening & Categorization ‐ The offer shall be screened &

categorized by a committee.

(4) Conditional Offers are liable to be rejected.

DISCLAIMER

The issue of this document does not in any way commit or otherwise obliges MPPHED to proceed with all or any part of the empanelment process.

The EOI request is not the subject of any process contract or any contractual obligations between MPPHED and Consultants or potential Consultants.

MPPHED may, at its absolute discretion, elect to abandon any part or whole of the process without giving prior notice to the Consultants. MPPHED reserves the right to consider or reject any Offer/EOI at any point of time without assigning any reasons whatsoever.

Superintending Engineer (Procurement)

Office of the Engineer-In-Chief Public Health Engg. Deptt., Bhopal

Empanelment-2014

PART ‐ I GENERAL

1. Name of the firm 2. Type of firm ‐ Proprietary/Partnership/Company/others

3. Whether Registered 4. Registered address 5. Present address 6. Telephone Number 7. Mobile Number of key personnel 8. Fax Number 9. E‐Mail

10. Registration Certificate 11. Service tax registration Number 12. Income Tax PAN Number 13. List of Departments where consultant/agency is presently

empanelled. Office Infrastructure ‐

(a) Number of Employees (segregate technical, clerical, account

etc.) (b) Number of Desktop Systems (c) Printers (d) Ammonia Printers (e) Survey Equipment (f) Number of Consultants & Advisors (g) Design Softwares

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PART ‐ II TECHNICAL

(A) Experts available in the fields of

Water Supply and SLWM

(Experts specified above have to be substantiated with CV) KEY PERSONNEL

No. Name Qualification Field of

Expertise

Experience Status in the firm

• Whether the firm has its own survey team ‐ YES/NO

If yes, then give the details of the strength of personnel, equipment available and average time taken for survey per sq. km.

• In case the answer is No, then the arrangement for survey‐MoU with survey firms.

• Whether the firm has in‐house financial expertise ‐ YES/NO

• If no, what is the arrangement for availing finance expertise.

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PART ‐ III

EXPERIENCE Details of DPRs Projects (for water supply and SLWM separately) completed and works in hand in last 5 years.

No. Name of Town

Project Cost in

Rs. Lacs

DPR Prepared

& Submitted

Project Under

Implementation

Project Completed

FORMAT OF UNDER TAKING TO BE SUBMITTED BY THE AGENCIES/CONSULTANT

This is to certify that the information provided in the format of the

application for empanelment as consultant in MPPHED is true to the best of my knowledge. I also agree that if any of the information provided, turn up to be false, it will lead to the cancellation of my empanelment.

Date: …….

(Name) Signature of the authorized signatory

seal

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Sample Joint Venture (JV) Agreement The parties hereto declare that they have agreed to form a joint venture for the purpose of submitting the pre‐qualification application/tender document

initially and tender and if successful for the execution of the works as an integrated joint venture. The parties are not, under this agreement, entering into any permanent partnership of joint venture to tender or undertake any contract other than the subject works. Nothing herein contained shall be considered to constitute the parties of partners to constitute either partly or wholly the agent of the other. (i) WITNESS:

Whereas MPPHED has invited offers from intending bidders OR group of three firms forming a joint venture to be eligible to be a bidder and whereas...........................the parties of joint venture are desirous to enter into a joint venture in the nature of partnership engaged in the joint undertaking for the specific purpose of execution of the work of preparing detailed project report of drinking water supply scheme and SLWM schemes of various district of M.P. and whereas the parties of the first and second part reached understanding to submit pre‐qualification application/offer, if

pre‐qualified and to execute the contract if awarded.

This agreement witness as follows: (a) The parties do not enter into an agreement of any permanent

partnership of joint venture to tender or undertake any contract other than the specified above in the Department.

(b) The operation of this joint venture firms, concerns is confined to the work of preparing detailed project report of Drinking Water Supply and SLWM Scheme of various district of M.P. being executed under the MPPHED.

(c) The name of the joint venture firm for convenience and continuity shall be..........................................................................................................

(d) The address of the joint venture for communication shall be as under......................................................................................................

(e) The joint venture shall jointly submit qualification criteria on the above name according to all terms and conditions stated in the relevant instructions contained in the bid documents.

(f) That this joint venture shall regulate the relations between the parties there to and shall include without being limited to them the following conditions.

Empanelment-2014

(1) ..................................firm shall be the lead company in charge of the joint venture for all intents and purpose.

(2) In case the said work is awarded to the joint venture the partners of the joint venture will nominate a person with duly notarized power of attorney on stamp paper, who will represent the joint venture with the authority to incur liabilities, receive instructions and payments, sign and execute the contract for and on behalf of the joint venture.

(g) The parties agree to make financial participation and to place at disposal of joint venture the benefits of its individual, technical knowledge, skill and shall in all respect bear its share as regards and execution of the work and responsibilities including provision of information, advice and other assistance required in the joint venture and participation shall be in proportion of Firm A.............................% Firm B.............................% Firm C.............................% Total 100%

(h) All rights, interests, liabilities, obligations work experience and risks (and all net profit of or losses) arising out of the contract shall be borne by the parties in proportion to their share. Each of the parties shall furnish its proportionate share in any bonds, guarantees; securities required for the works as well its proportionate share in connection with the works. The share and participation of the partners in working capital and other financial requirements shall be in ratio as mentioned above.

(II) Internal responsibilities and liabilities: (a) The division of individual scope of work may be worked out mutually

by the parties but the party shall be jointly and severally liable to the MPPHED for the whole work.

(b) The parties specifically under take to carry out their separate and full compliance with the contract with MPPHED each party shall be responsible jointly and severally for consequences if any arising out of defective or delayed execution of works which falls within the individual party's area or responsibility and/or it has been caused due to acts and or omission of the concerned party.

(c) The Parties jointly & severally agree to replace, modify or repair any defect in their respective portion of works in accordance with the terms and condition of the contract with the Department.

Empanelment-2014

(d) The Parties jointly & severally indemnify and hold harmless to each other against any claim made by the Department or any other third party for injury, damage loss or expenses is attributed to the breach/nonperformance of his responsibilities by the indemnifying party in accordance with the agreements and/or contract with the Department.

(e) None of parties have joined in any other joint venture for the said works.

(III) Responsibilities and liabilities of joint venture towards the Department: (a) Parties hereto shall be jointly & severally liable & responsible for

acts, deeds, and things done or omitted (to be done) in respect of the execution of the contract & for any financial liabilities arising there from.

(b) Parties hereto shall be jointly & severally liable & responsible to the D e p a r t m e n t for the execution of works in accordance with the contract conditions.

(c) Parties hereto shall be jointly & severally indemnify to the Department against any claim made by the Department or any other third party for any injury, damage or loss which may be attributed to the breach of the obligation under the contract, pursuant to the contract.

(IV) Site Management: (a) The execution of the work on the site will be managed by a project

manager appointed by the joint venture and who will report to the...................................... (Name of the JV) The Project Manager shall be authorized to represent the JV on site in respect of matters arising under the contract.

(b) The............................. (Name of the JV) shall be jointly and severally liable to the Department for the execution of the contract commitment in respect of the works in accordance with contract conditions.

(V) Termination of the Agreement: The agreement shall be terminated in the following circumstance: (a) The Department awards the contract for the work to the other

agencies. (b) The Department elaborates the cause of cancellation the work to

award the contract. (c) On completion of the defect liability period as stipulated in the

agreement of the works and all the liabilities thereof are liquidated. (d) No partner has the right to assign any benefits, obligation or liability

under agreement to any third party without the written consent of the other partners as well as the Department.

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(VI) Financial Matter: (a) Bank Account in the name of the JV will be opened with any

schedule or nationalized bank to be operated by an individual signatory as decided mutually by the joint venture partners.

(b) All the partners shall be responsible to maintain or cause to maintain proper books of accounts in respect of the JV firm as per the Indian contract regulation act and shall be closed at the end of the every financial year ending 31 March. Upon closure of the books of accounts balance sheet and profit and loss account as to the state of affairs of the firm as at the end of the financial year and as to the profit and loss made or incurred by the firm for the year ended on that date shall be prepared for the same, shall subject to audit by a chartered accountant.

(c) None of the party shall be entitled to make any borrowing on behalf of the JV without prior written consent of all the other parties of JV.

(VII) Negotiation: Any negotiations agreement between the parties hereto and the Department subsequent to the submission of the tender and prior to award shall take place only with the consent of each of the parties who shall be represented at the such negotiations or agreement.

(VIII) Legal Jurisdiction: All questions relating to validity interpretation of this agreement shall be governed by the law of India and shall be subject to jurisdiction of Court at Bhopal.

(IX) Settlement of Disputes: Any dispute in interpretation of any condition mentioned herein shall be referred to an arbitrator/tribunal by mutual consent of the partners and such proceedings shall be governed by the Indian Arbitration and Conciliation Act. 1996 and as amended from time to time. Neither the obligation of each party here to the performance of contract non the execution of work stop during the course of arbitration proceeding or as a result thereof.

(X) Insurance: (a) The Joint Venture through the parties individually shall take such

insurance in connection with the work in accordance with the tender condition acceptable to the Managing Director.

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(b) The cost of insurance premium paid by the Joint Venture shall be borne by the parties in proportion to their respective shares of work. Insurance taken individually by the parties shall be fully borne by the respective parties.

(XI) No change shall be made in this agreement without prior written consent of the Department and other parties. However if the Department directs the parties to make changes in the agreement so as to fulfill tender conditions the parties shall discuss with Department and mutually agree such changes required to be made in the agreement.

(XII) Default and withdrawal from the JV : In case that either party fails to observe the provision stipulated in this agreement withdrawal from the joint venture, loss and/or expenses incurred by other parties due to such default and/or withdrawal shall be fully compensated by the party who defaulted.

(XII) All matter relating to or arising due to this agreement shall be treated as confidential and shall not be disclosed to any other party. In witness whereof the parties have caused their duly authorized representative to sing below:

Witness 1. (Signed for and on behalf of firm A) 2. Date: Seal:

Witness 1. (Signed for and on behalf of firm B) 2. Date: Seal: Witness 1. (Signed for and on behalf of firm C) 2. Date: Seal: