MUNICIPAL CORPORATION GURGAON Terms of …mcg.etenders.in/tpoimages/mcg/tender/Tender1121.pdf ·...

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


Opposite Civil Hospital (General)

Sadar Bazar, Gurgaon, Haryana - 122 001


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


Encl: Detailed Tender Notice, Instructions to Tenderers &

Detailed Scope of Work


Terms of Reference (TOR) for

Empanelment of Consultants for

Development of various works

identified by Municipal Corporation,

Gurgaon

April – 2013


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


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


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.


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),


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.


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 /


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



SECTION 1: INSTRUCTIONS TO BIDDERS


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.


TENDER NO.

DUE ON:

Envelope No.:

(Do not open before Due Date)

To,

The Municipal Commissioner




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




(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


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


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:


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


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.


SECTION 2: SCOPE OF WORK AND TERMS OF REFERENCE


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


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.


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


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.


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.


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.


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.


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.


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


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.


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




iii. Existing Road Traffic Characteristics


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




d. Environmental Assessment




e. Project Costing




f. Institutional Arrangement

i. Implementation


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.


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




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





e. Environmental Assessment




f. Project Costing




g. Institutional Arrangement

i. Implementation


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.


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:-




i. Site investigation report

ii. Draft final report

iii. Final detailed project report

iv. Technical bid documents


i. First Draft Report

ii. Second Draft Report

iii. Final Report


iv. Draft Report

v. Final Report



i. Approval from SLNA of DPR & financing plan and State level coordination

committee

ii. Technical approval from schemes / missions appraisal agency


iii. Administrative approval from schemes / missions directorate



i. Draft Financial Report

ii. Final Financial Report


vi. First Draft Report

vii. Final Report


Management Plan


ii. Final Report



i. Draft Bid Documents

ii. Review and finalization of the Bidding Support and Pre-Construction Services

Report



i. Monthly progress report

ii. Project closeout report

iii.


Assistance


ii. Second Draft Report

iii. Final Report



i. Monthly Progress Report





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



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





i. Preliminary report/Plans

ii. Draft report /plans

iii. Final report /plan









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)









i. Inception Report

ii. Site investigation report

iii. Draft final report

iv. Final detailed project report

v. Technical bid documents


Network Design

i. Inception Report







Functions/ Rotaries etc. / Pedestrianisation, Cycle tracks, flow of traffic /








i. Draft concession and any of the Agreement



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.




i. Inception Report






i. Inception Report






i. Inception Report






i. Inception Report





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


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.


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


(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 /


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.


(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.


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.


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.


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



4 Structural

Engineer

Minimum

Engineering

Graduate



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


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.


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.


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.


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.


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.


SECTION 3: SCHEDULE OF PAYMENTS


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:




I Submission & Approval of sample site

investigation report

15% of contract charges quoted

II Submission & Approval of draft final

report


III Submission of final detailed project

report


IV Submission of technical bid

documents



I On Submission & Approval of First

Draft Report

30% of contract charges

II On Submission & Approval of Second

Draft Report


III On Submission of Final Report 30% of contract charges



I On Submission & Approval of Draft

Report





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



I On Submission & Approval of

Financial Report


II After getting requisite project finance

for the infrastructure projects

identified in form of Loan & Grant

installment




Report




Management Plan


Report






I Submission & Approval of draft bid

documents


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


III On award of bids to contractors

containing progress of tasks a) to m)

of Clause 2.8 of Section 2


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




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


IV Extension of Supervision Works Additional per month charges for the

extended time period as mentioned in

point no. II above


Assistance


I On Submission & Approval of First

Draft Report


II On Submission & Approval of Second

Draft Report





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.




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.


III

On submission of final architectural

drawings.


IV

During preparation of basic working

drawing and details sufficient for

preparing item wise estimate.



V

On submission of all the drawing

mentioned above and on acceptance

of the same by the local body.


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.


VII On submission of complete set of

drawings and details sufficient for the

work to commence at site.


VIII Submission of draft bid documents 5% of contract charges quoted

IX On completion of support activities

up to receipts of bids


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




I On the date of signing of Agreement. 5% of contract charges quoted (As


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.


III

On submission & Approval of final

architectural drawings.


IV

During preparation of basic working

drawing and details sufficient for

preparing item wise estimate.


V

On submission & Approval of all the

drawing mentioned above and on

acceptance of the same by the local

body.


VI On submitting & Approval detailed

specifications, schedule of quantities,

detailed design of structure and

services and Estimate of costs and



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.


VIII Submission & Approval of draft bid

documents


IX On completion of support activities

up to receipts of bids


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






I On the date of signing of agreement 10% of contract charges quoted (as



preliminary report/Plans


III On submission & Approval of draft

report /plans


IV On acceptance of final report /plan by

CTP or concerned STP/ DTP of

Town Planning Dept./Local body


V Final Submission 10% of contract charges quoted



I On the date of signing of agreement 10% of contract charges quoted (as



preliminary report/Plans


III On submission & Approval of draft 20% of contract charges quoted


report /plans

IV On acceptance of final report /plan by

CTP or concerned STP/ DTP of

Town Planning Dept./Local body


V Final Submission 10% of contract charges quoted



The contract charges for survey, mapping and collection of data shall be quoted as per

following schedule:

I On submission & Approval of

Primary data


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


II Installation, Commissioning,

Training for two days




The contract charges for survey, mapping and collection of data shall be quoted as per

following schedule:

I On submission & Approval of

Primary data


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


II Installation, Commissioning,

Training for two days





I Submission & Approval of

sample site investigation report


II Submission & Approval of draft

final report


III Submission & Approval of final

detailed project report



documents



Network Design





final report


III Submission & Approval of final

detailed project report



documents




Functions/ Rotaries etc/ Pedestrianisation, Cycle tracks, flow of traffic /



I On award of the project and signing

of the Agreement

10% of contract charges quoted as

mobilization advance


preliminary report / plans


III On Submission & Approval of Draft

DPR


IV On Submission of Final DPR to the

funding agency


V On final approval/release of funds

from the funding agency and

acceptance of the same by the Local

body



VI During the course of implementation

of the project, depending upon the

progress at site




I On appointment as mobilization

advance


II On submission & Approval of Draft

concession and any of the Agreement


III On Signing of Agreement between

Local body & PPP Operator.


IV On Completion of the Project under

PPP model.




I On award of the project and signing

of agreement

10% of contract charges quoted as

mobilization advance


physical survey / Base map of the

Project / Scheme and tentative

planning


III On Submission & Approval of

Digitized Revenue Sheets and

superimposition on Survey / Base

Map


IV On Submission & Approval of Draft

land Acquisition proposal


V On submission of final land

acquisition proposal


VI On submission of estimates of the

land / trees / structures / physical

features.





I Submission of sample site

investigation report



final report


III Submission of final detailed

project report



documents







final report



project report



documents







final report



project report



documents







final report



project report



documents


3.1 Payments shall be made within fifteen days on receipt of invoice from the consultant(s).


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.


SECTION – 4: GENERAL CONDITIONS OF CONTRACT


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


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


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


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


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.


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: -


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


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


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.


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.


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.



SECTION – 5: SPECIAL CONDITIONS OF CONTRACT


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;


(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,


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


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.


(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.


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.


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.


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


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.


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


‘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.


(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.


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


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


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


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


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


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


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


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.


FORM 1: FORM FOR SUBMISSION OF PROPOSAL


FORM 1

PROPOSAL SUBMISSION FORM

(On letter head of the Consultant Leader)

Date:_________

To,

The Municipal Commissioner,


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.


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


APPENDIX 1: FORMS FOR TECHNICAL PROPOSAL


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:


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.


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 %.


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 :


Employer :

Position Held :


Employer :

Position Held :


Employer :

Position Held :


Employer :

Position Held :


Employer :

Position Held :


Employer :

Position Held :

Language :

Read Write Speak

English

Hindi


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 :


APPENDIX – 2: FORMATS OF FINANCIAL PROPOSAL


FINANCIAL PROPOSAL

(On letter head of the Consultant)

(To be put in Envelope 2)

To,

The Municipal Commissioner,


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)


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


4 Providing services for Financial analysis

and financial structuring of the projects


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


8 Functioning as Project Management

Consultant & technical auditor of ‘MCG’


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





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


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


Theme based projects like Film City,


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.


Detailed Project Report (DPR) for Urban



Detailed Project Report (DPR) for Road

Network Design


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





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.


Detailed Project Report (DPR) for Urban



Detailed Project Report (DPR) for Road

Network Design


DPR for Rain Water Harvesting


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)


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



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



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.



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.



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.



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



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



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.



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



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.



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



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



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



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)


APPENDIX – 3: AGREEMENT FORM


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.


(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.


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


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.


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.


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.


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.


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.


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.


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.……………………………………


S. NO. PARTICULAR

1 Annexure 1 : Summary – Financial Proposal

2 Annexure 2 : Scope of Work

3 Annexure 3 : Payment Schedule


ANNEXURE 1

SCHEDULE OF SUMMARY PRICE PROPOSAL


ANNEXURE 2

SCOPE OF WORK


ANNEXURE 3

SCHEDULE OF PAYMENT

.

Date post:	15-Mar-2018
Category:	Documents
Upload:	nguyennhi
View:	218 times
Download:	3 times